Blackstone lead v Blackfordby wife can be remove from a tenement of in the  occupation of the husband though be reside elsewhere oil the ground that she  can not be remove from his estate be have a subsist lease at the time of her  removal SC burr Sett can whether the wife of Joseph how be remove from the  parish of Blackfordby in Leicestershire to Leeds in Yorkshire bV order of two  justice date the that June Leeds appeal and on that October the session  confirm the order state that Joseph how in June take a tenement of per annum  in Blackfordby by lease determinable halfyearly at Michaelmas or ladyday at  Michaelmas how and his wife go and reside therein till Christmas follow from  which time to may he be sometime at Leeds and sometime at Blackfordby but his  wife and family reside whole at Blackfordby in may he take a tenement of per  annum at Leeds and occupy it in the trade of a coachmaker till June from may  to November be reside chief at Leeds but in that time be twice with his wife  and family at Blackfordby from November to the that April he reside constant  at Leeds where he be then apprehend by a warrant and bring into Leicestershire  to make provision for his family which he do and promise to take they away but  she be near her time he and his wife stay in the tenement at Blackfordby from  the that April to the that may while she lie in he then take her into  Worcestershire and return to Blackfordby lock up the door and leave the key  with a neighbour to get in his bay for he from thence he go to Hunslett a  three parish and continue there ever since in the mean time the hay be get in  and still remain on the premise be his property that about a fortnight since  he order the neighbour to deliver the key to the landlord which be not do but  the key be now in his possession that his wife return to Blackfordby and ask  relief be remove by this order to Leeds on that June Lord Mansfield CJ this  removal be premature the husband can not be remove and therefore not the wife  who continue part of the husband family so long as the tenement continue that  be not till the occupation Blackstone be determine this will have open the  question of the settlement Wilmot I there be no doubt but her settlement will  be where he last live forty day it will be absurd if a wife can get a  settlement distinct from her husband the derivative settlement must follow the  principal but at present the removal be unwarrantable order quash m m it  appear from the report in burr Sett can that the ground of the decision of the  court were that the husband himself can not have be remove from his own  tenement at Blackfordby the lease whereof be unexpired and if the justice can  not have remove the man from his own it follow consequent that they can not  remove his wife and child so long as it remain his that they be premature in  remove they from Blackfordby while his interest there subsist r v Aythorp  rooding burr Sett can send for see berkhampstead v saint mary north church  Bott as to a wife gain a settlement independent of her husband see also r v  Ampthill b c as to a pauper be removable when Chargeable