No. XVI. 35 Geo. III. c. 101. officers of the parish to which they are ordered to be remov ed, which may be levied with costs. the same; and the charges proved upon oath to have been incurred by such suspension of any order of removal may, by the said justices, be directed to be paid by the churchwardens and overseers of the parish or place to which such poor person is ordered to be removed, in case any removal shall take place, or in case of the death of such poor person before the execution of such order (3); and if the churchwardens or overseers of the parish, township, or place to which the order of removal shall be made, or any or either of them, shall, upon the removal or death of such poor person ordered to be removed, refuse or neglect to pay the said charges within three days (4) after demand thereof, and shall not within the same time give notice of appeal as is hereinafter mentioned, it shall and may be lawful for one justice of the peace, by warrant under his hand and seal, to cause the money mentioned in such order to be levied by distress and sale of the goods and chattels of the person or persons so refusing or neglecting payment of the same, and also such costs attending the same, not exceeding forty shillings, as such justice shall direct; and if the parish, township, or place to which the removal of such poor person is made, or was ordered to be made, before the death of such person as aforesaid, be without the jurisdiction of the justice of the peace issuing the warrant, then such warrant shall be transmitted to any justice of the peace having jurisdiction within such parish, township, or place as aforesaid, who, upon receipt thereof, is hereby authorized and required (5) to indorse the same for execution: Provided nevertheless, that if the sum so ordered to be paid on account of such costs and charges exceed the sum of twenty pounds, the party or parties aggrieved by such order may appeal to the next general quarter sessions against the same, as they may do against an order for the removal of poor persons by any law now in being; and if the court of quarter sessions shall be of opinion that the sum so awarded be more than of right ought to have been directed to be paid, such court may and is hereby directed to strike out the sum contained in the said order, and insert the sum which in the judgment of such court ought to be paid; and in every such case the said court of quarter sessions shall direct that the said order so amended shall be carried into execution by the said justices by whom the order was originally made, or either of them, or in case of the death of either of them, by such This Act not to other justice or justices as the said court shall direct: Provided that noalter the power thing in this Act contained shall extend to alter or abridge the power of jusof justices to tices of the peace to pass or punish vagrants in the manner and under the pass or punish circumstances set forth in an Act passed in the seventeenth year of the reign vagrants by 17 Geo. 2. c. 5. of his late Majesty King George the Second, intituled, An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other except as to suspension. idle and disorderly Persons, and to Houses of Correction (except so far as regards the power of suspending the vagrant pass, in the manner and for the causes before mentioned). If costs exceed 201. appeal may be made to the quarter sessions. No person to gain a settlement by delivery and publication of a written notice; nor by paying III. And be it further enacted by the authority aforesaid, That no person coming into any parish, township, or place, shall, from and after the passing of this Act, be enabled to gain any settlement therein by delivery and publication of any notice in writing. IV. Provided always, and be it further enacted by the authority aforesaid, That from and after the passing of this Act, no person or persons whatsoever, who shall come into any parish, township or place, shall gain a settlement in such parish, township or place, by being charged with and paying his, her, or their share, towards the public taxes or levies of the than 107. year- said parish, township or place, for and on account, or in respect of any tenement or tenements, not being of the yearly value of ten pounds. taxes for a tenement of less ly value. (3) The person on account of whose illness the removal was suspended, having died, the rest of the family were removed under the original order, and a third order made for payment of expenses; no order having been made to take off such suspension: semble that the third order is good. Ruled, that the sessions have no power to quash it; Englefield, 13 E. S17. (4) The right of appeal given infrà is not confined to three days: that time is only ma terial as preventing the inconvenience of a distress; Bradford, 9 E. 97. (5) This is merely ministerial, and compulsory. The magistrate indorsing has nothing to do with the propriety of the original war. rants; R. v. Kynaston, 1 E, 117. No. XVI. c. 101. Rogues, &c. V. Provided also, and be it further enacted, That every person who shall have been convicted of larceny, or any other felony, or who by the 35 Geo. III. laws now in being shall be deemed a rogue, vagabond, idle or disorderly person, or who shall appear to any two or more justices of the peace of the division wherein such person shall reside, upon the oath of one or more credible witness or witnesses, to be a person of evil fame, or a reputed thief, such person not being able to give a satisfactory account of himself or herself, or of his or her way of living, shall be considered as a able, and may person actually chargeable within the true intent and meaning of this Act, be removed, to the parish in which such person shall reside, and shall be liable to be removed to the parish of his or her last legal settlement by the order of the said justices of the peace, whereof one to be of the quorum, of the division where any such person shall reside. VI. Provided also, and be it hereby enacted by the authority aforesaid, Unmarried woThat every unmarried (1) woman with child shall be deemed and taken to be men with child a person actually chargeable (2), within the true intent and meaning of this to be deemed Act (5), to the parish, township, or place, in which she shall inhabit, and chargeable. may be removed as such to the place of her last legal settlement; and in case any order of removal obtained for such purpose shall be suspended for any Bastards to be of the reasons before mentioned, and during such suspension the said wo- deemed of the man shall be delivered of any child, which by the laws of this kingdom mother's shall be a bastard, every such bastard child shall be deemed and taken to parish, be settled in the same parish, township, or place, in which was the legal settlement of the mother at the time of her delivery: Provided nevertheless, that all Act or Acts heretofore made touching bastard children, or concerning the mothers or reputed fathers of such children, shall be, and remain in full force and effect after the passing of this Act, as well in cases where by this Act the place of settlement of such bastard children is directed to be the same as that of the mothers of such children, as in cases where the place of settlement of such bastard children remains the same as it did before the passing of this Act. Former Acts touching bastards, &c. to remain in force, [No. XVII.] 36 George III. c. 10.-An Act for the better Relief of the Poor, within the several Hundreds, Towns, and Districts, in that Part of Great Britain called England, incorporated by divers Acts of Parliament for the Purpose of the better Maintenance and Employment of the Poor; and for enlarging the Powers of the Guardians of the Poor, within the said several Hundreds, Towns, and Districts, as to the Assessments to be made upon the several Parishes, Hamlets, and Places, within their respective Hundreds, Towns, and Districts, for the Support and Maintenance of the Poor.-[18th December 1795.] WHEREAS several Acts of Parliament have of late years been made 36 Geo. III. and passed, for the better relief and employment of the poor in ⚫ particular incorporated hundreds, towns, and districts within that part (1) A married woman whose husband is absent, under such circumstances as would render the child a bastard, is within this provision; Tibbenham, 9 E. 388. (2) This does not authorize the removal of a servant against the consent of the master; Alveley, 3 E. 563. It is not sufficient to shew that the woman is with child and unmarried, without adjudging that she is chargeable; Holm, East-Weaver, Quarter, 11 E. 381.. A complaint and adjudication, that -single woman, “ is, by being pregnant, No. XVII. c. 10. deemed to have become chargeable," is sufficient; Diddlesbury, 9 E. 398. (3) The provision extends not only to the general exemption given by this Act, but also to the special exemption which previously existed, of persons having a certificate; Great Yarmouth, 8 T. R. 68: and it would seem by necessary consequence to include certified members of friendly societies under stat. 33 Geo. III. c. 54. sec. 24. Vi. ante p. 239. N. No. XVII. 36 Geo. III. c. 10. Directors and acting guardi ans of the ' of Great Britain called England: And whereas certain persons, described and appointed by the said several Acts, are thereby empowered to assess the several parishes, hamlets, and places chargeable to the poor's rate 'within the said several hundreds, towns, or districts respectively, in such sums of money as they shall think necessary, for defraying the expences of supporting and maintaining the poor within their respective hundreds, towns, and districts, and for other the purposes of the said Acts; but 'such sums of money, for which such assessments are to be made, are by 'the said several Acts of Parliament limited so as that they may not ex'ceed a certain sum in any one year, which sum was calculated upon an average of the amount of the poor's rates in each parish respectively, for 'a certain number of years previous to the passing of the respective incor'porating Acts: And whereas, by reason of the late very great increase of the price of corn, and other necessary articles of life, the amount of the ' rates and assessments, so limited by the said several Acts of Parliament, ' are become insufficient for the necessary relief and maintenance of the 'poor, who have also of late greatly increased in number: And whereas in many incorporated hundreds, towns, and districts, the expence of maintaining the poor, since the first day of January one thousand seven hundred and ninety-five, has exceeded the whole amount of the rates which 'could be raised in the present year within those hundreds, towns, and 'districts, under their respective incorporating Acts; whereby considerable 'debts have on that account been incurred by the guardians of the poor of 'those hundreds, towns, and districts: And it is therefore become necessary and expedient that the powers of the several persons to whom is committed, by the said several Acts of Parliament, the duty of appointing the sums to be assessed on the several parishes, hamlets, and places, 'within their respective hundreds, towns, and districts, should be enlarged: May it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, it shall and may be lawful for the directors and acting guardians of the poor within hundred, any town, or district, in that part of Great Britain called England, incorporated by any Act of Parliament for the relief or maintenance and employment of the poor, or for any other persons, by whatsoever name they are called or described, to whom is given, by any such incorporating Act, the power for the support of appointing the sum or sums to be assessed on the several parishes, hamlets, or places within their respective hundreds, towns, or districts, for the maintenance of the poor, and other the purposes of such Act, at any of their annual, quarterly, or other general meetings, whenever the average price of wheat at the corn market in Mark Lane, London, for the quarter immediately preceding such annual, quarterly, or other general meeting, shall have exceeded the average price of wheat at the same market during those years from which the average amount of the poor's rates was taken upon the passing of the several incorporating Acts respectively, to assess the several parishes, hamlets, and places within their respective hundreds, towns, or districts, which now are or usually have been charged to the poor's rate, in such respective sums of money as the said directors and acting guardians, of such other persons as aforesaid, shall think necessary for defraying the expences attending the support and maintenance of the poor for the current quarter, and for paying the interest of the money borrowed and due by virtue of the said respective Acts, and of any debts which may have been incurred since the first day of January one thousand seven hundred and ninety-five, in the maintenance of the poor, and for other the purposes of the said Acts, notwithstanding such sums of money so to be assessed should exceed the amount of the assessments limited by such respective Acts of Parliament to be assessed on the respective parishes, hamlets, and places within such incorporated hundreds, towns, or districts, in any one year: Provided always, that the sums to be assessed, and the assessments to be made by virtue of this Act, in each respective incorporated hundred, town, or district, shall be assessed, made, collected, and poor, incorporated by Acts of Parliament, may, in certain cases, make such assess ments as may be necessary and maintenance of the poor, &c. notwithstanding they may exceed the asses ments limited by the respec tive Acts. Assessments by virtue of this Act to be No. XVII. 36 Geo. III. c. 10. paid in the same manner, and subject to the same restrictions, regulations, limitations, and powers of appeal, and with the like powers and remedies for compelling payment thereof, as the sums to be assessed, and the assessments to be made, by virtue of the several incorporating Acts, are by those respective Acts directed to be assessed, collected, and made within the several hundreds, towns, and districts respectively incorporated by those made, &c. as Acts: Provided also, that the sums to be assessed by virtue of this Act, those under the incorporaupon any parish, hamlet, or place, shall be in the same rates and propor- ting Acts. tions as the assessments which have hitherto been made and levied by virtue of the said Act or Acts incorporating the several hundreds, towns, or districts in which such parishes, hamlets, or places are respectively situated And provided also, that, from and after the first day of January one thousand seven hundred and ninety-eight, the sums to be assessed, by virtue of this Act, on any parish, hamlet, or place, shall never exceed, in any one year, the amount of double the sum at present raised by virtue of any incorporating Act now existing. : [No. XVIII.] 36 George III. c. 23.-An Act to amend so much of an Act, made in the ninth Year of the Reign of King George the First, intituled, An Act for amending the Laws relating to the Settlement, Employment, and Relief of the Poor, as prevents the distributing occasional Relief to Poor Persons in their own Houses, under certain Circumstances and in certain Cases.-[24th December 1795.] WHEREAS by an Act passed in the ninth year of the reign of his late Majesty King George the First, intituled, An Act for amending the Laws relating to the Settlement, Employment, and Relief of the Poor, it is (among other things) enacted, That it shall and may be lawful for the churchwardens and overseers of the poor, in any parish, town, township, or place, with the consent of the major part of the parishioners or inha'bitants thereof in vestry or other parish or public meeting for that purpose assembled, or of so many of them as shall be so assembled, upon 'usual notice thereof first given, to purchase or hire any house or houses in the same parish, township, or place, and to contract with any person or persons for the lodging, keeping, maintaining, and employing, any or all such poor, in their respective parishes, townships, or places, as shall 'desire to receive relief or collection from the same parish, and there to 'keep, maintain, and employ, all such persons, and take the benefit of 'the work, labour, and service, of any such poor person or persons, who 'shall be kept and maintained in any such house or houses, for the maintenance and relief of such poor person or persons who shall be there kept ' and maintained; and in case any poor person or persons of any parish, town, township, or place, when such house or houses shall be so pur⚫ chased or hired, shall refuse to be lodged, kept, or maintained, in such house or houses, such poor person or persons so refusing shall be put out of the book or books where the names of the persons who ought to receive collection in the said parish, town, township, or place are to be registered, and shall not be entitled to ask or receive collection or relief from the churchwardens and overseers of the same parish, town, or township: And whereas the said provision contained in the Act above-men⚫tioned has been found to have been and to be inconvenient and oppressive, inasmuch as it often prevents an industrious poor person from receiving such occasional relief as is best suited to the peculiar case of 'such poor person, and inasmuch as in certain cases it holds out conditions of relief injurious to the comfort and domestic situation and happiness of such poor persons:' Be it therefore enacted by the King's most excellent Majesty, by and with the consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, From Jan. 1, 1798, no assesment to exceed double the sums at present raised under the incorporating Act. No. XVIII. 36 Geo. III. c. 23. 9 G. 1. c.7. c. 23. Overseers, with the approbation of the parishioners or any jus No. XVIII. it shall and may be lawful for the overseer or overseers of any parish, town, 36 Geo. III. township, or place, with the approbation of the parishioners, or the majority of them, in vestry or other usual place of meeting assembled, or with the approbation in writing of any of his Majesty's justice or justices of the peace usually acting in and for the respective district, to distribute and pay collection and relief to any industrious poor person or persons, at his, her, or their homes, house or houses, under certain circumstances of temporary illness or distress, and in certain cases respecting such poor person, or his, her, or their family, or respecting the situation, health, or condition of any poorhouse or poorhouses, in any parish, town, township, or place, wherein a house or houses shall have been or shall be so hired, built, or purchased, and a contract made with any person or persons for lodging, keeping, maintaining, and employing, any or all poor persons who shall desire to receive collection or relief, although such poor person or persons shall refuse to be lodged, kept, and maintained, within such house or houses; any thing in the said Act passed in the ninth year of his Majesty King George the First to the contrary notwithstanding. tice, may re lieve poor per sons at their own houses. Justices may order relief to poor persons at their own homes. Cause of ordering such relief to be assigned on the order of the justice, &c. Not to extend to places where houses of industry are provided under 22 G. 3. c. 83. or under any special Act. II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any his Majesty's justice or justices of the peace for any county, city, town, or place, usually acting in and for the district wherein the same shall be situated, at his, or their just and proper discretion, to direct and order collection and relief to any industrious poor person or persons, and he, she, or they shall be entitled to ask and to receive such relief at his, her, or their homes, house or houses, in any parish, town, township, or place, notwithstanding any contract shall have been or shall be made with any person or persons for lodging, keeping, maintaining, and employing any and all poor persons in a house or houses for such purpose hired or purchased, and the churchwarden or churchwardens, overseer or overseers, for such parish, town, township, or place, are required and directed to obey and perform such order for relief given by any justice or justices as aforesaid. III. Provided always, That the special cause, as hereinbefore mentioned, of ordering and directing collection or relief to any poor person or persons, at his, her, or their homes, house or houses, be assigned and written on each order for relief given and directed by any justice or justices as aforesaid: and provided always that such order be given for, and do remain in force for a time not to exceed one month from the date of such order: Provided also, that it shall and may be lawful for any two justices as aforesaid to make any further order for the same or like purpose, for any further time not exceeding one month from the date of such order, and so on from time to time, as the occasion shall require, such justice or justices first administering an oath as to the need and cause of such relief in each of the above cases, and thereon summoning the overseer or overseers of the poor of the parish, town, township, or place, to be charged with such relief, to shew cause why such poor person or persons should not receive such relief in manner as by law provided in cases where no contract for lodging, keeping, and maintaining the poor, shall as aforesaid have been made. IV. Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be construed, deemed, or taken to extend, to authorize, empower, or enable any overseer or overseers, or any justice or justices of the peace as aforesaid, to direct or order to distribute and pay, or to be distributed and paid, any collection or relief to any poor person or persons, at his, her, or their homes, house or houses, as aforesaid, in any parish, town, township, or place, in or for which any house of industry, or other place for the reception and provision of the poor thereof, hath been already erected or provided, or shall hereafter be erected or provided, by and under the authority or directions of an Act passed in the twenty-second year of the reign of his present Majesty, intituled, An Act for the better Relief and Employment of the Poor, or under the directions of any special Act of Parliament or law already passed for such parish, town, township, or place, and now in force for that purpose; but that in every such case all such last-mentioned poor person or persons |