between the parish OF WIDWELLY and Farringdon a son residence in a leasehold  cottage after his father death intestate without the son take out  administration until after the expiration of the lease do not obtain a  settlement burr set Cas pl Ses Cas pl call three andr S c order of two justice  make to remove a poor person from W to the parish of f this order be discharge  by a order of the quartersession which state the fact to this effect that that  poor person be hire for a year and live two year as a covenant servant in the  parish of f after which he go and live with his father and mother in a cottage  case tempt Hardwicke in the parish of W which his father hold by lease for  life that after his father death he live in say cottage until the lease be  determine and then he take administration to his father upon which case the  session be of opinion that he have gain a settlement by live in the cottage  discharge the order of the two justice in support of the order of session be  cite a case of the king and the parish of Wiley in wilts mich geo I Ses Cas pl  andr stram Mod where a cottager have build a house upon the waste the lord  agree to grant he a lease and a sum of money be deposit as the consideration  of the lease but nothing further be do and no lease be grant after the  cottager death his daughter claim it and she and her husband live there some  time and the court be of opinion that though no lease be actual grant yet the  enjoyment of the place and live there have gain a settlement N B the enjoyment  by the father and daughter be forty year but per cur the order of session be  have lee c j absent page I whatever expectation the pauper may have in this  case he have not this cottage in his own right and therefore the order of  removal be good suppose a man shall devise a house to another of the value of  pound a year to pay his debt which amount to as much as the house be worth  will the devisee by live in this house gain a settlement No sure then this be  only or S and not land of inheritance the question be whether it can be within  the equity and meaning of a tenement of pound a year indeed where a person  have land of inheritance we do not remove he from it and as to the case cite  there have be so long a possession that it be like a inheritance probin I the  only question here be whether the pauper be removable now when a estate come  to such a one whether by a inheritance or as executor or otherwise be be not  removable from thence after have live there forty day but in this case the  administration be not take out until after the term end which can give he no  interest but he be there only as a tenant at will and so may have be remove  and be removable can gain no settlement case tempt Hardwicke chapel I there be  no time that this poor person be irremovable and I always take it that to be  irremovable and to gain a settlement be equivalent order of session quash see  the case as report together with other point andr to which a query be subjoin  as to whether the pauper will have gain a settlement have he take out  administration see also Const p l