between the parish OF Dalham and denham a pauper who last residence be in a  place extraparochial and without officer for the poor can be remove thither as  to the place of his last legal settlement the statute Elizabeth c and car two  c S construe to give the justice power of removal in all extraparochial place  contain more house than one with this restriction videlicet so as such place  come under the denomination of a will and it must be leave to the court to  judge upon the circumstance what be mean by a will burr set Cas pl stram Ses  Cas pl S c a order be make for the removal of one walker and his wife from the  parish of Dalham to the parish of Denham in Suffolk which be confirm by the  session and the case appear upon the order to be that walker hire a farm in  the parish of Denham and pay all rate during his continuance there which be  from the year to and that be afterward hire a farm of pound per and in a place  call Southwald park which be a extraparochial place consist of two house and a  acre of land and have no officer for the poor and the justice adjudge that he  can not be remove to that place and so remove he to the parish of Denham as  the place of his last legal settlement strange move to quash these order in  behalf of the parish of Denham for that it be determine in the case of  Stokelane and dolling hill Ann fortesc Rep case tempt Hardwicke er p fol salk  marge S c that by virtue of the statute of car two c S the justice may  exercise the power of removal give by the Elizabeth and that Act in all  extraparochial place contain more house than one and the same determination be  in the case of the king and inhabitant of Rufford Pas geo I fortesc Rep stram  Mod S c Abney in support of the order that in the case of Stokelane and  dolling he allow the court do so determine but not absolute in all  extraparochial place consist of more house than one but with this restriction  so as to come under the denomination of a will or township and in the case of  the inhabitant of Rufford the mandamus call it a will and they return it to be  a extraparochial place which return be hold bad because say the court there  may be house he cite a case of the king and the inhabitant of Belvoir Sess can  pl where it be state that the extraparochial place have two house the duke of  Rutland seat and a alehouse and the order be quash as not be a will Filmer  with he the definition of a town or will accord to finch p be contain ten  family accord to I Mod case tempt Hardwicke it be where there be a tithingman  or constable and accord to I Inst villan be ex more lodging vicinata et  joining of battle ex more neighborhood Lord Hardwicke c j before the case of  Stokelane and dolling it be general take that no settlement can be gain in a  extraparochial place but in that case the court be all of opinion that the  clause in the statute of car two may extend to give the justice power to  appoint officer in extra parochial place provide it be such a place as can  come under the notion of a will that construction seem to be a pretty liberal  construction of the statute for upon read the clause it appear to extend only  to such will as be part of large parish but however the court then think  extraparochial place within the equity of it and I believe my Lord Parker mean  by extraparochial place consist of more house than one but he add likewise so  as to come under the notion of a will so that his meaning be such place as be  will and I do not see we can call this place a township or a will nor do I  know how it can be precise settle what be a will but must be leave to the  court upon the circumstance of every case and therefore as this place do not  appear to be a will I shall think the order be right page I if this have be a  decay will it shall be so state special probin I the least division that I  remember to be know in law be a tithing which consist of ten house or family  and how can we understand a will to be less than that I think it shall rather  be understand to be between a tithing and a township the stat of car two at  first relate only to the northern county and be extend afterward to other  large county as be within the same equity lee I it be now general settle that  justice may appoint overseer in extra parochial place but that be always on  this foundation that the place must be a town or a will the notion of a will  as a tithing be a place consist of ten family as a civil division and as have  constable now here I shall not think it necessary upon the statute to be  confine to either description but then it ought at least to be a place that  have the reputation of a will whereas this have only two house so that as it  do not appear upon the order I do not see how we can construe this to be a  will within the statute per cur the order be good so the rule be discharge see  t r burr Bl r SC Str burr Sett can SC call t r see also I con p l c S call S c