112 RELIEF OF ABLE-BODIED. СНАР. ІІІ. CHAPTER III. Distinctive characteristic of Scottish Poor Law - Administration of relief systems contrasted of distress Report on distress at Paisley Reasons of Dissent therefrom.' Act Its effects THE chief characteristic of Scottish Poor Law administration, as contrasted with that of England, is the pertinacity with which all claim to relief on behalf of the able-bodied poor has been resisted. The General Assembly in their Report of 1839 however, admit "that the situation of people destitute of employment was not to be overlooked, and that many cases might occur in which men of this class ought to obtain temporary relief in times of occasional sickness or unusual calamity, although not as a matter of right." With this view, it is said, a certain proportion of the church collections has from an early period been placed at the disposal of the kirk sessions," in order that they, at their discretion, may be enabled to afford assistance for a time to such industrious persons within their bounds as should happen, owing to temporary sickness, or to a casual failure of work, to be in difficulty and straits." This arrangement rested for a long time on usage only, but was at length sanctioned by the proclamation of 1693," afterwards ratified by parliament, "by which one-half of the church collections was left to the disposal of the kirk sessions, for the purpose in part as has since been held, of being so applied." Such, it is further said, "are the rules of the law of Scotland on this subject-such the origin and foundation of the distinction between those who are called the ordinary' and those who are denominated 'occasional' poor. The latter receive temporary assistance only from the charity of the parish, bestowed at the discretion of the kirk session, during the pressure of want. Of the former a roll is made up, in terms of the Act of 1579 and subsequent statutes, and altered at stated periods according to circumstances by the kirk session in each parish, and such of the heritors as may act with them. The poor whose names are thus enrolled, are entitled to periodical allowances permanently and as a matter of legal right." b practically The allowances to the parochial poor, are in the Report of 1839 said to be in all cases remark- Relief as ably moderate. The principle on which the administered. amount is fixed, is-" that except in very rare instances of total and absolute destitution, the aliment to be provided by the parish is not such as would render the pauper independent of other resources-that in general poor persons are not so entirely destitute as not to be capable of procuring a part of their sustenance by their own labour, or by the assistance of relatives, or the benevolence of neighbours and others; and that it is only what may be necessary for their support, in addition to these separate means, that the parish ought to supply." A small sum in aid of their resources will, it is said, afford the relief that is necessary, and anything in addition would be adverse to the true interests of the parish, and the moral habits of the people. The relief afforded is therefore only supplemental to the earnings from all other sources, begging included, and amounts in fact to what was long known in England as “relief b See the 'General Assembly's Report of 1839,' p. 7. I 114 ADMINISTRATION OF RELIEF. СНАР. ІІІ. in aid of wages." The evils arising from such a practice would of course greatly depend upon the extent to which it is carried, and the persons to whom it is applied. If applied to the labouring classes, it would tend to divert them from a reliance upon their own industry, and also to lower the rate of wages-if to the infirm and disabled poor, the insufficiency of relief would not only cause them suffering and privation, but would also lead to their being depressed lower socially, than with a due regard to the general welfare it is right that they should be, whilst mendicancy would at the same time be sanctioned and perpetuated. The foregoing extracts from the Report of 1839 explain the practice as regards the "occasional" or able-bodied poor, whose relief in any way is left entirely to the discretion of the kirk session, as a matter of charity. The relief of the "ordinary" or infirm poor, is imperative upon the heritors and kirk session conjointly; but in the Report of 1818, it is stated that in practice "the heritors seldom or never interfere in regulating the concerns of the poor, or the poor's funds, except in parishes where assessments are levied." In such cases"they meet on the first Thursday of August in each year, or oftener if they judge it expedient, and along with the kirk session examine and adjust the poor's roll, and fix the amount of the assessments required. In practice therefore, the heritors, we see, in no way interfere with the relief of the "occasional" or able-bodied poor; and only with that of the "ordinary" or infirm poor, where the parish has been subjected to an assessment. The reason for their then doing so is sufficiently plain, as they are required to pay half the levy; but the reason for their being exempted from interference with the relief of the "occasional" poor is not so clear, since the first proclamation (that of 1692) directs that "if any of the poor of the parish are able to work, the heritors of the parish are hereby authorised and required to put them to work according to their capacities, either within the parish or to any adjacent manufactory, as they shall find expedient, furnishing them always with meat and clothes." There is here no limitation as to the class of persons to be employed and furnished with meat and clothing, except their being poor, and capable of work, on each of which points the heritors appear to be the parties to decide, and to be responsible for putting the law in execution. It seems difficult therefore to understand the grounds on which a claim to relief was in practice limited to the "ordinary" poor, or on which the heritors were deemed to be restricted from relieving the wants of the "occasional " poor. We have seen however that both restrictions were practically maintained throughout a long series of years. Although the management of the poor and the administration of the funds are by law vested in the heritors and kirk session in landward parishes, and in the magistrates in burghs, the Report of 1839 declares that in the latter case the management generally devolves upon the kirk session; and it also repeats the statement made in the Report of 1818, to the effect, that in all cases where the poor are provided for by voluntary contributions, the management is left to the kirk session alone. But the heritors and magistrates are, it is said, always entitled to have an account of their administration from the sessions, even when the funds consist exclusively of church-door collections. When these "become inadequate, the heritors are called upon d In his valuable work on Scotch Poor Law, Mr. Dunlop remarks that "the general tenor of our Scottish statutes applies solely to those who are permanently disabled; and although in many parishes, it was the practice to afford relief to persons labouring under temporary sickness, there seems to be no authority for considering that this was imperative on them."-See p. 33, edition of 1854. to determine as to the course to be pursued; and whether they adopt the plan of a voluntary assessment, or impose a legal rate, they thereafter take a more active superintendence at the general yearly or half-yearly meetings of the joint board of heritors and session." Practice as regards e The Scottish law of settlement has already been briefly noticed. The practice under it is to Settlement. be gathered from the Reports of the General Assembly. That of 1839 states, that "the circumstances which entitle the impotent poor to demand parish relief are, that the claimant has had his residence or 'common resort' within the parish during the last three years immediately before he fell into a state of poverty and inability to support himself; and if he has removed from the parish, that he has not since his removal acquired a legal settlement in any other. If he has funds of his own, or relations who are bound in law and able to maintain him, the parish will be relieved of so doing." But it is added, "there is not and never existed by the law of Scotland, a power of removal of persons likely to become chargeable, such as was established in England by the 14th Charles 2nd, cap. 12, and which gave rise to so much litigation and oppression." The Report of 1818 remarks, that "it does not appear that there ever has been an instance of the removal of a pauper from one parish to another involuntarily, or by legal means. Even when the title of a pauper to maintenance has been contested at law between two parishes, he has been allowed to make his option of residence in either of them, and his allowance has been received by him in the usual way from the parish found liable to pay it. He frequently makes his option of residence in the parish where he can best find employment, when able to follow it, or where he happens to have relations See History of the English Poor Law,' vol. i. p. 293. |