between the parish OF BUTNEY and benhall a windmill be a tenement within the  will III therefore by rend one of the value of a year a settlement be gain  burr set Cas pl stram andr Ses Cas pl S c a poor person one t c and his wife  and child be by a order of two justice confirm at the quartersession remove  from the parish of benhall to that of Butney and the order of session state  the case special videlicet that the say t c take a lease of a windmill in the  parish of benhall for three year at pound per and and likewise hire a cottage  in the same parish by parole for one year and so from year to year as long as  both party shall please at pound per and that he occupy the mill for three  year under the lease and pay the rend but have give security to the landlord  during that time for the payment of it that at the end of the three year he  occupy the mill under a parole agreement to hold it as long as he shall pay  the rend but then he give no security and that he also during that time have  another cottage in the same place at the yearly rend of pound S d Lloyd move  to quash these order the pauper have gain a settlement in benhall by rend the  windmill which be accord to the statute of pound will III rend a tenement of S  a year and be cite salk where it be adjudge that rend a watermill of S a year  gain a settlement and the case of the king inhabitant of Guildford hill geo I  stram where it be hold that rend a mill general gain a settlement on the other  side in support of the order it be say that a windmill be not a tenement  within the Act and it be further say that the reason why rend a tenement gain  a settlement be because the person be suppose to be of proper ability and  circumstance if a landlord will trust he so far but in this case it appear the  pauper be not of such credit because he be force to give security for the  payment of the rend lee c j absent case tempt Hardwicke the court give little  regard to the last reason and as to the other they hold that a windmill be  plain within the same reason as a watermill and be a tenement within the  meaning of the Act so both order be quash Const p l S c