case the king against the inhabitant OF maiden a pauper can gain a settlement  by forty day residence in a tenement under a year unless he have give notice  pursuant to I James c SC Carth S c show Mod Mod Mod fitzg stram stram shaw  sergeant move to affirm a order make upon a appeal to the quarter session of  the peace for the county of Essex the case be videlicet John pain serve a  apprenticeship at maiden where be marry and bad several child his wife die be  marry another woman who have a term for year of a house in the parish of  Heybridge where be live for a year and leave maiden afterward he return to  maiden be rate to the poor and live there two year then he die in a short time  after his death his widow and child be remove by a order of two justice to  Heybridge from which order they appeal and by the order of session they be  declare to be inhabitant of maiden Mr pollexfen now move to quash it because  it do not appear that be give any formal notice in write to the overseer of  maiden when be return from Heybridge and therefore ought to be settle there  and not at maiden for be tax to the poor will not amount to notice and he cite  a strong case which be thus modern er p the churchwarden of covent garden  certify under their hand that such a person be a inhabitant within their  parish but because no note be leave with they pursuant to the statute  notwithstanding such certificate modern he be hold to be no inhabitant within  their parish and of that opinion be all the court in king v pain show which  appear to be the same case with the present the court hold that the be rate to  and pay the poor rate be equivalent to notice and therefore that the pauper  gain a settlement in maiden although no actual notice be give pursuant to the  James c and with this report agree S c Carth the statute of will mary c  however seem to have remove all doubt upon this point for after declare that  the forty day residence shall be reckon from the publication of the notice in  write it express provide that any person who shall be charge with and pay his  share towards the public tax shall gain a settlement though no such notice in  write be deliver and publish and since the pass of this Act it have be hold  that no circumstance of residence however strong will amount to a constructive  notice see Mr Consts edition of bott poor law vol I to and to b