case the king against the parish OF saint John the baptist Saturday June if a  apprentice serve his master by day in one parish and lodge on night with his  father in another parish he do not gain a settlement in the master parish  although his lodging with his father be pay for by the master in pursuance of  a covenant in the indenture but be gain a settlement under the indenture in  the father parish S c ld ray S c stram S c Sett Rem S c fort S c Foley two  justice by a order remove Elizabeth and whether warren from saint John the  baptist within the borough of the Devizes in the county of wilts to bishop  Cannings upon a appeal to the quartersession the order of the two justice be  quash and the pauper be send back to saint John the baptist as the place of  their last legal settlement which order be remove into the king bench by  certiorari the order of session state the fact special thus Joseph warren  junior father of the say Elizabeth and whether warren who be remove by the  order be bear in the chapelry of saint James and afterward on or before the  twentyfifth of march John Powell of the parish of saint John hosier and  ropemaker hire the say Joseph warren as a weekly servant and pay he weekly  Joseph warren serve he two year and upward in manner aforesaid by indenture  date on or about the twentyfifth day of march and execute two year after the  date thereof he be bind a apprentice to the say John Powell in which say  indenture be contain two covenant in the word follow videlicet and the say  Joseph warren the father do hereby for himself his executor and administrator  covenant and agree to and with the say John Powell his executor and assign  that he the say Joseph warren the father his executor and administrator shall  and will at his and their own proper cost and charge provide and allow unto  and for his say son sufficient and necessary meat drink wash lodging and  apparel and all other thing fit and convenient for a apprentice of the say  trade during the last five year of the say term and the say John Powell for  his part do hereby for himself his executor and assign covenant promise and  agree to and with the say Joseph warren the father his executor and  administrator that be the say John Powell his executor and assign shall and  will well and true pay or cause to be pay unto the say Joseph warren the  father his executor and administrator the sum of two shilling and sixpence of  lawful money of great Britain by the week weekly during the three year of the  say term of seven year except such time or time as he the say Joseph warren  the apprentice shall by sickness or any other accident be unable to work at  the say trade and three shilling of like money aforesaid by the week weekly  during the four year of the say term and three shilling and sixpence of like  money by the week weekly during the five year of the say term and four  shilling of like money by the week weekly during the last two year of the say  term of seven year except such time or time of inability as aforesaid in  pursuance of the indenture Joseph warren begin to serve the say Powell in his  open shop in the say parish of saint John but have his meat drink wash and  lodging during all the time with his father in saint James other than on  marketday and Saturday when he receive his meat and drink with his master in  saint John but that he never lodge one night with his say master or elsewhere  in the parish of saint John during the say apprenticeship or service aforesaid  and further it be swear on behalf of saint James that the say money Payable to  the say father by virtue of the say indenture be pay accord and be in lieu and  consideration for his maintenance and lodging as aforesaid the session  therefore quash the say order be of opinion that the pauper gain a settlement  in saint John parish by the apprenticeship the court of king bench quash the  order of session they be of opinion that bind and serve alone be not  sufficient but that there must also be a inhabitancy to gain a settlement by  apprenticeship S c I stram S c ld ray the word of the statute will mary c S be  that if any person shall be bind a apprentice by indenture and inhabit in any  town or parish such bind and inhabitancy shall be adjudge a good settlement S  c Consts Bott p l vol pl king v Radcliffe strange and therefore if a  apprentice serve in one place and reside at another he gain a settlement at  the place where be reside forty day king v saint Peter Const and in the above  case the court hold the party settle in saint James S c Foley S c Sett Rem and  the residence shall be take to be where be sleep anight king v Castlelon burr  S c king v chick burr S c and therefore if a apprentice live with his master  forty day in one parish and then forty day in another parish be be settle in  that parish in which he sleep the last night king v Brighthelmstone term Rep  see also king v lowess burr S c and king v Hulland dougl call a modern report  er p