shall be provided for and relieved in such and the same manner as before No. XVIII. the making and passing of this Act. V. And be it further enacted by the authority aforesaid, That this Act shall be deemed and taken to be a public Act; and shall be judicially taken notice of as such, by all judges, justices, and other persons whomsoever, without specially pleading the same. [No. XIX.] 41 George III. c. 9.-An Act to explain and 36 Geo. III. c. 23. Public Act. No. XIX. c. 9. of his present Majesty, intituled, An Act for the better Relief and Employment of the Poor, the justices of the peace are empowered to 41 Geo. III. 'appoint one guardian, and no more, for each parish desirous of being regulated according to the provisions of the said Act: And whereas in many parishes, by reason of their extent and population, one such guar- 22 G. 3. c. 83. dian is not found to be sufficient for the performance of the duties there- § 7. recited. by required: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tem ans of the poor, under recited Act, on its being cer tified, in man ner herein di poral, and Commons, in this present Parliament assembled, and by the Two justices of authority of the same, That if in any parish which shall have adopted the the district may provisions of the said Act, either alone or in conjunction with any other appoint addiparish, it shall be the opinion of two thirds in number and value of the tional guardiowners or occupiers of lands, tenements, and hereditaments, qualified as by the said Act is required, who shall be present at a publick meeting to be called for that purpose, pursuant to notice thereof given in the church or chapel of the said parish, on the Sunday preceding, that one guardian is insufficient for carrying into due execution the provisions of the said Act, and the same shall be certified by two or more of the persons present rected, that at such meeting, in writing under their hands, to two or more justices of one is insuffithe peace acting for the district or division within which such parish shall cient. be situate, together with the names of four or more fit and proper persons qualified for the office of guardian as by the said Act is required, it shall and may be lawful for the said justices, by writing under their hands, according to the form prescribed in the schedule to the said Act, to appoint such and so many of the said persons to be guardians of the poor within such parish, as they in their discretion shall think fit, and as shall be necessary for duly carrying the purposes of the said Act into execution. 6 ་ II. And whereas by the said Act the churchwardens and overseers of Guardians of the poor are directed to pay to the guardians of the poor in parishes not the poor at united, and to the treasurer in parishes united as therein mentioned, monthly meetsuch sums as may be necessary for the support of the poor in manner ings, with approbation of the visitor, may make an order on the * therein mentioned, and the guardians are also directed to pay to the treasurer of the poorhouse the sums required for the maintenance and support thereof, which in default of payment may be levied by warrant of distress and sale of the goods of such guardians, under the hand churchwarof a justice of the peace; but no provision is made to enforce the pay- dens or overment of the monies directed to be paid by the churchwardens and over- seers, &c. for seers aforesaid;' Be it further enacted, That it shall and may be lawful such money as for the guardians of the poor present at a monthly meeting held according shall be necesto the directions of the said Act, with the approbation of the visitor, who sary for the shall sign the same, to make an order on the churchwardens or overseers, purposes of re or collector of the poor's rates, some or one of them, for so much money [See § 8. of that as shall be necessary for the purposes of the said Act; and if the churchwardens or overseers, or person or persons to whom the order shall be directed, shall neglect or refuse to pay the same to the treasurer or guardian to whom the same is made payable, within seven days after it shall be demanded, it shall be lawful for any justice of the peace within the division cited Act. Act.] In default of Payment, justices may levy it by distress. No. XIX. or district, upon proof made on oath of such default, to issue his warrant 41 Geo. III. for levying the said sums by distress and sale of the goods and chattels of the said churchwardens and overseers, or other person or persons, in like manner as by the said Act is provided in case of non-payment by the guardians of the poor. c. 9. Two justices a treasurer for a single parish, with a salary not exceeding III. And whereas by the said Act no provision is made for the appointmay, on appliment of a treasurer, in the case of a single parish adopting the regula cation, appointtions of the said Act, although from its population it may be found necessary and convenient;' Be it further enacted, That it shall and may be lawful for any two justices for the district or division within which any such parish shall be situate, to whom the expediency of such appointment shall be made appear, by application from two thirds in number and value of the owners and occupiers of lands, tenements, and hereditaments, qualified as by the said Act is directed, to appoint a treasurer for the poorhouse of such parish, with a salary not exceeding ten pounds, according to the form prescribed in the schedule to the said Act, in the case of united parishes. 101. [See 22 G. 3. c. 83. § 12.] No. XX. 41 Geo. III. c. 23. 17 G. 2. c. 33. § 6. On appeal from any poor rate, the "Persons aggrieved may appeal to the next quarter-sessions [as under § 46 "of 22 Geo. 3. c. 83.] § 4. Public Act. § 5.” [No. XX.] 41 George III. c. 23.-An Act for the better Collection of Rates made for the Relief of the Poor.-[18/h April 1801.] WHEREAS by an Act of Parliament, made and passed in the seventeenth year of the reign of his late Majesty King George the Second, intituled, An Act for remedying some Defects in the Act made in the forty'third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor; power was given to justices of the peace, upon appeals from 'rates and assessments, where they should see just cause to give relief, to ' amend the same in such manner only as should be necessary for giving such relief, without altering such rates or assessments with respect to 'other persons mentioned in the same: And whereas the quashing or set'ting aside of rates or assessments made for the relief of the poor, is attended with great inconvenience; and it hath happened, in consequence of the rate or assessment being quashed or set aside, or of notice of appeal ' against the whole rate being given, the churchwardens and overseers of 'the poor have not had any money in hand for the relief and maintenance of the poor: For remedy whereof, may it 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, upon all appeals from any rate or assessment made for the relief of the poor of any parish, township, vill, or place, the court of general or quarter-sessions of the peace shall, and such court is hereby authorized and required (in sary to grant all cases where they shall see just cause to give relief) to amend such rate relief may or assessment, either by inserting therein or striking out the name or quash the rate; names of any person or persons, or by altering the sum or sums therein but the sum charged on any person or persons, or in any other manner which the said assessed shall court shall think necessary for giving such relief, and without quashing notwithstanding be levied or wholly setting aside such rate or assessment: Provided always, That and applied in if the said court shall be of opinion that it is necessary, for the purpose satisfaction of of giving relief to the person or persons appealing, that the rate or assessthe next effec- ment should be wholly quashed, then the said court may quash the tive rate. same (1); but nevertheless, all and every the sum and sums of money in quarter-ses- amend it with (1) In Rex v. Ambleside, 16 E. 380, the sessions quashed the rate for not including personal estate; and the Court of King's Bench quashed the order of sessions, on the ground that they ought to have amended the rate; not adverting to the discretion which is here expressly given, or entering into any enquiry as to whether such discretion was or and by such rate or assessment charged on any person or persons, shall and may be levied and recovered by such ways and means, and in such and the same manner as if no appeal had been made against such rate or assessment; and all and every the sum and sums of money which any person or persons charged in such rate or assessment shall pay, or which shall be levied upon or recovered from him, her, or them, shall be deemed and taken as payment, on account of the next effective rate or rates, assessment or assessments, which shall be made for the relief of the poor of the same parish, township, vill, or place. No. XX. 41 Geo. III. c. 23. recovery of the rate; but no greater suni shall be [$ 4.] Quarter ses II. And be it further enacted, That, from and after the passing of this Notice of Act, all and every the sum and sums of money at which any person or appeal shall persons is or are or shall be rated or assessed in any rate or assessment not prevent made for the relief of the poor of any parish, township, vill, or place, distress being shall and may be levied and recovered by distress, and all other lawful made for the ways and means, notwithstanding the person or persons so rated or assessed, or any other person or persons, shall have given notice of appeal from or against such rate or assessment, for any cause whatsoever: Provided always, that if any person, rated or assessed in any rate or assess- proceeded for ment made for the relief of the poor, shall give such notice of appeal as than that hereinafter mentioned to the churchwardens and overseers of the poor assessed in the of any parish, township, vill, or place, or any two of them, then, from and last effective after the giving of such notice, and until the appeal shall have been heard rate. and determined, no proceedings shall be commenced or carried on to * recover any greater sum or sums of money from such person or persons, than the sum or sums at which he, she, or they, or any occupier of the same premises, shall have been rated or assessed in the last effective rate which shall have been collected in such parish, township, vill, or place. III. And be it further enacted, That in case the said court of general or quarter sessions of the peace shall upon appeal order any rate or assess- sions baving ment for the relief of the poor to be quashed, it shall be lawful for the ordered a rate said court to order that any sum or sums of money, in and by such rate or to be quashed, assessment charged on any person or persons, or any part of any such sum may order the or sums, not to be paid, and then and in every such case no proceedings sum charged on any person shall, after making such order, be commenced; or if any proceedings have not to be paid, been previously commenced, such proceedings shall be no further prose- and stop cuted or carried on for the purpose of levying or enforcing the payment proceedings of any sum or sums which shall be so ordered by the said court not to be for the recopaid as aforesaid: Provided always, that no justice of the peace, constable, very thereof, or other officer of the peace or other person shall be deemed a trespasser, &c. or liable to any action, for any warrant, order, act, or thing, which such justice, constable, or other officer or person shall have granted, made, executed, or done, for the purpose of levying or enforcing the payment of any such sum or sums of money before he shall have had notice in writing of the order for the non-payment of such sum or sums of which the said court is hereby authorized to make as aforesaid. IV. And be it further enacted, That, from and after the passing of this Act, all notices of appeal from or against any rate or assessment made for the relief of the poor, or from or against the account of the churchwardens and overseers of the poor of any parish, township, vill, or place, shall be in writing, and shall be signed by the person or persons giving the same, or his, her, or their attorney, on his, her, or their behalf; and such notices of be in writing, appeal shall be delivered to or left at the places of abode of the church- &c. and shall wardens and overseers of the poor of the parish, township, vill, or place, specify the or any two of them, and the particular causes or grounds of appeal shall grounds of be stated and specified in such notice; and upon the hearing of any appeal appeal. from or against any such rate or assessment, or account, the court of general or quarter sessions to which such appeal shall be made, shall not examine or enquire into any other cause or ground of appeal than such as are or is stated and specified in the notice of appeal. was not properly exercised. In such cases an amendment may often be very objectionable; as for instance, in imposing a rate upon one trader to whom notice had been given, money, Justices, &c. shall not be liable as trespassers for previous proceedings. Notices of appeal against poor rates or accounts of churchward ens, &c. shall which could not be extended to others equally liable, who had not received such notice, and which would of course operate as a considerable injustice upon the first. No. XX. 41 Geo. III. c. 23. Appeals may be decided if the parties consent, although such notice be not given. Person appealing against any rate, shall give notice, not only to the churchwardens, &c. but also to the persons interested, &c. The rate shall be recovered as altered by the quarter sessions. In case in the rate the name of any person shall be struck out, or any V. Provided nevertheless, and be it further enacted, That with the consent of the overseers, signified by them or their attorney in open court, and with the consent of any other person interested therein, the said court of sessions may proceed to hear and decide upon such appeal, although no notice thereof shall have been given in writing; and also that with the like consent such court may hear and decide upon grounds of appeal, not stated or mis-stated in such written notice, where any notice shall have been given in writing. VI. And be it further enacted, That from and after the passing of this Act, if any person or persons shall appeal against any rate or assessment made for the relief of the poor, because any other person or persons is or are rated or assessed in such rate or assessment, or is or are omitted to be rated or assessed therein, or because any other person or persons is or are rated or assessed in any such rate or assessment at any greater or less sum or sums of money than the sum or sums at which he, she, or they ought to be rated or assessed therein, or for any other cause that may require any alteration to be made in such rate or assessment with respect to any other person or persons, then and in every such case the person or persons (2) so appealing for the causes aforesaid, or any of them, shall give such notice of appeal, in writing as hereinbefore mentioned, not only to the churchwardens or overseers of the poor, or any two or more of them, but also to the other person or persons so interested (3) or concerned in the event of such appeal as aforesaid; and such other person or persons shall, if he, she, or they shall so desire, be heard upon the said appeal; and it shall be lawful for the court of general or quarter sessions of the peace, on the hearing of such appeal, to order the name or names of such other person or persons to be inserted in such rate or assessment, and him, her, or them to be therein rated and assessed at any sum or sums of money; or to order the name or names of such other person or persons to be struck out of such rate or assessment, or the sum or sums at which he, she, or they is or are rated or assessed therein, to be altered, in such manner as the said court shall think right; and the proper officer of the said court shall forthwith add to or alter the rate or assessment accordingly. VII. And be it further enacted, That if upon the hearing of any appeal from or against any rate or assessment, the said court shall order the name or names of any person or persons to be inserted therein, and him, her, or them to be rated or assessed at any sum or sums of money, or shall order the sum or sums at which any person or persons is or are therein rated or assessed to be raised or increased, then and in such case all and every the sum and sums of money, at or to which such person or persons shall be so ordered to be rated or assessed, or to be raised or increased, or so much thereof as shall not have been already paid, shall and may be recovered in such and the same manner, and by such and the same means, as if he, she, or they had been originally named in such rate or assessment, and rated or assessed therein at such sum or sums of money. VIII. And be it enacted, That if upon the hearing of any appeal from any rate or assessment for the relief of the poor, the court of general or quarter sessions of the peace shall order the name or names of any person or persons to be struck out of such rate or assessment, or the sum or sums rated or assessed on any person or persons to be decreased or lowered; and sum lowered, if it shall be made appear to the said court, that such person or persons the quarter hath or have, previously to the hearing of such appeal, paid any sum or sessions shall order the sums of money, in consequence of such rate or assessment, which he, she, or they ought not to have been paid, or charged with, then and in every money, which ought not to such case the said court shall order all and every such sum and sums of have been money to be repaid and returned, by the said churchwardens and overseers recovered to of the poor, to the person or persons having paid the same respectively, be repaid, with together with all reasonable costs, charges, and expences, occasioned by (2) Several parties having a joint grievance may join in one notice; Justices of Sussex, 15 E. 206. (3) Where a corporation are seised in fee of lands, stocked with the cattle of the burgesses, the notice may be given to the corporation; Aberavon, 5 E. 453. No. XX. c. 23. such person or persons having paid or being required to pay the same; and all and every the sum and sums of money so ordered to be repaid or 41 Geo. III. returned by the churchwardens and overseers of the poor, or any of them, shall and may, together with all such costs, charges, and expences as aforesaid, be levied and recovered from them, or any of them, by distress and all such other ways and means as the money charged, rated, or assessed on any person, by any rate or assessment made for the relief of the poor, can or may be by law levied or recovered. costs, by the churchward ens, &c. IX. And whereas it may have happened that the churchwardens and Succeeding overseers of the poor of some parishes, townships, vills, or places, have churchward'not been able to collect a sum of money sufficient for the relief and ens and * maintenance of the poor within or belonging to the same, but they, or overseers such repay ment, the quarter the guardian or guardians of the poor of such parishes, townships, vills, or empowered to places, have heretofore actually advanced and expended considerable repay money sums for that purpose;' Be it therefore enacted, That it shall be lawful expended by for the churchwardens and overseers of the poor of any parish, township, some precedvill, or place, or any of them, out of any money which they or any of them wardens, &c. ing churchshall collect or receive by virtue or in pursuance of any rate or assessment for the made for the relief of the poor of such parish, township, vill, or place, to maintenance repay and reimburse the preceding churchwardens and overseers, guardian of the poor, or guardians of the poor of such parish, township, vill, or place, all such while there sums of money as they or any of them have heretofore advanced or ex- was no rate; pended for the relief or maintenance of the poor within or belonging to or during an such parish, township, vill, or place, during the time that no rate or assess- appeal; and ment for the relief of the poor thereof has been made, or during the time in default of that any appeal has been depending which affected the whole of such rate or assessment, or upon the hearing of which, the same might be wholly quashed or set aside; and in case the churchwardens and overseers of the sessions on poor of any parish, township, vill, or place, shall not pay to the preceding application churchwardens and overseers, guardian or guardians, all such sums of being made to money as they or any of them have so advanced and expended, for the them, shall relief and maintenance of the poor as aforesaid, within fourteen days next make an after demand in writing made for that purpose, it shall be lawful for such order for preceding churchwardens and overseers, guardian or guardians of the poor, payment or any of them, to apply to the then next court of general or quarter sessions of the peace for the county, riding, division, town, corporation, or franchise, within which such parish, township, vill, or place is situate, giving due notice in writing of such application to the then churchwardens and overseers of the poor of such parish, township, vill, or place, or any two or more of them; and the said court of general or quarter sessions of the peace shall enquire into the matter of the said application, and examine the parties and their witnesses upon oath, and shall make an order upon the then churchwardens and overseers of the poor of such parish, township, vill, or place, or any of them, out of the money collected or received, or to be collected or received by them or any of them, under or in pursuance of any rate or assessment made for the relief of the poor, to pay such sum or sums of money to the preceding churchwardens and overseers, guardian or guardians of the poor of the same, or any of them, as the said court shall think fit; and all and every the sum and sums of money so ordered by the said court to be paid, shall and may be levied and recovered by distress and all such other ways and means as the money charged, rated, or assessed on any person by any rate or assessment made for the relief of the poor, can or may be by law levied or recovered. [No. XXI.] 42 George III. c. 74.-An Act to amend an Act, made in the twenty-second Year of the Reign of his No. XXI. present Majesty, for the better Relief and Employment 42 Geo. III. of the Poor, so far as relates to the Payment of the Debts incurred for building any Poorhouse.-[22d June, 1802.] WHEREAS by an Act, made in the twenty-second year of the reign of 22 Geo. 3. c. his present Majesty, intituled, An Act for the better Relief and Em- 83. § 20. c. 74. |