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No. XXXIII. having gained a settlement in England) to be a rogue and vagabond, in his 59 Geo. III. discretion and according to the circumstances of the case, either to order him to be whipped, or him or her to be imprisoned in the house of correction, as by the laws in being are directed, before he or she shall be removed, or to cause such rogue and vagabond to be removed without having been so whipped or imprisoned.

c. 12.

being whipped or imprisoned. Justices to act

within their respective jurisdictions. Provisions relating to parishes applied to townships,

&c.

Majority to

act.

Powers given to vestries applied to meet ing of townships, &c.

Saving powers of 22 G.3. c. 83. where the pro

visions are adopted.

Saving powers given by special acts.

Select vestries.

Act extends to England only.

No. XXXIV. 59 Geo. III.

c. 50.

Settlement

shall not be acquired by

renting any te

XXXV. And be it further enacted, That all powers and authorities by this Act given to and vested in justices of the peace, shall be exercised and executed by such justices within the limits of their respective commissions and jurisdictions, and not elsewhere; and that all provisions, clauses, authorities, and directions in this Act contained, in relation to parishes, shall extend and be construed to extend to all townships, vills, and places having separate overseers of the poor, and maintaining their poor separately; and that all Acts and duties required or authorised by this Act to be done and executed by churchwardens and overseers of the poor, may in every parish be performed, exercised, and executed by the major part of the churchwardens and overseers of the poor thereof; and that in townships, vills, and places which have no churchwarden, the same may be performed, exercised, and executed by the overseers of the poor thereof, or the major part of them; and that all the powers, provisions, and clauses in this Act contained, which relate to vestries, or to the inhabitants of any parish in vestry assembled, shall be construed to extend to all meetings of the inhabitants of any township, vill, or place, having separate overseers of the poor, and maintaining its poor separately, to be held after due and legal notice for carrying into execution the laws for the relief of the poor, as fully as if in every such provision and clause they were severally and respectively named and repeated.

XXXVI. Provided, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to take away, abridge, alter, prejudice, or affect, further than is hereby expressly enacted, any of the powers, directions, provisions, or regulations contained in the said Act passed in the twenty-second year of his present Majesty's reign, for the better relief and employment of the poor, in or with respect to such parishes, townships, and places as have adopted, or as shall adopt and become subject to the provisions of that Act; nor to take away, abridge, alter, prejudice, or affect any of the powers or provisions of any special or local Act or Acts, for the maintenance, relief, or regulation of the poor, in any city, town, hundred, district, parish, or place, so nevertheless that in every city, town, hundred, district, parish, or place, such of the clauses, directions, and powers in this Act contained, as are not repugnant to, nor incompatible with, the provisions of the said Act of the twenty-second year of his Majesty's reign, or of such respective special or local Acts, shall have the like force and effect, and may be adopted and applied in like manner, as in other parishes and places: Provided also, that nothing in this Act contained shall extend or be construed to alter, affect, or disturb any select vestry which in any parish has been established and acted upon by virtue of any ancient usage or custom.

XXXVII. And be it further enacted, That this Act shall extend only to that part of the united kingdom called England,

[No. XXXIV.] 59 George III. c. 50.- An Act to amend
the Laws respecting the Settlement of the Poor, so far as
regards renting Tenements.-[28 July, 1819.]
WHEREAS many disputes and controversies have arisen respecting the

settling of poor people, in parishes in England, by the renting of tenements; 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 no person shall acquire a settlement in any parish or township maintaining its own poor in England, by or by reason of his or her dwelling for forty days in any tenement

Class XXVIII.]

Poor.

c. 50.

rented by such person, unless such tenement shall consist of a house or No. XXXIV. building within such parish or township, being a separate and distinct 59 Geo. III. dwelling-house or building, or of land within such parish or township, or of both, bona fide hired by such person at and for the sum of ten pounds a year at the least, for the term of one whole year; nor unless such house or building shall be held, and such land occupied, and the rent for the same nement,except actually paid, for the term of one whole year at the least, by the person a house or land hiring the same; nor unless the whole of such land shall be situate within in the partsh value of 101. the same parish or township as the house wherein the person hiring such of the annual hired and land shall dwell and inhabit; any thing in any Act or Acts, or any construction of or implication from any Act or Acts, or any usage or custom rented for a year. to the contrary in anywise notwithstanding.

[No. XXXV.] 59 George III. c. 95.-An Act for confirming ancient Separations of Towns-Corporate from Parishes, in regard to the Maintenance of the Poor.[12th July, 1819.]

59 Geo. III.

c. 95.

WHEREAS various towns corporate or franchises situate within one or No. XXXV. more parish or parishes, and not co-extensive with the said parish or parishes, have heretofore and for a long time past been separately assessed from the parish or parishes in which they are situate, for the relief of the poor, and overseers of the poor for such town or franchise have been appointed distinct and apart from the overseers of the poor appointed for such parish or parishes: And whereas such separate and distinct assessments and appointments of overseers have, in many cases, been made without sufficient authority, and yet, by reason of the long continuance of the said separation, the towns-corporate or franchise cannot now be re-united to the parish or parishes in which they are situate without manifest inconvenience and hardship: 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 all such separation of towns-corporate or franchises from the parish or parishes in which they are situate, together with the separate and distinct appointment of overseers of the poor, shall be deemed and taken to be lawful to all intents and purposes whatsoever, in the same manner as if the said separation or division had taken place under the authority of an Act made in the forty-third year of the reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor: Provided always nevertheless, that nothing in this Act contained shall render legal or confirm any separation of a towncorporate or franchise from the parish or parishes in which such town-corporate or franchise is situate, in respect to the maintenance of the poor or the appointment of overseers of the poor, in any case where it shall appear that such separation has commenced within sixty years before the passing of this Act.

[No. XXXVI.] 59 George III. c. 137.-An Act to enable the Directors of the Poor of the several Parishes within the City of Worcester, and of the Parishes united therewith, to sell and dispose of certain Lands discharged of all claims of the Crown, in respect of any Forfeiture incurred under the Statutes of Mortmain.-[13th July, 1819.]

[No. XXXVII.] 1 George IV. c. 49.-An Act to amend the Laws relating to the House of Industry in Dublin. [15th July, 1820.]

[No. XXXVIII.] 1 & 2 George IV. c. 56.-An Act to amend

towns from parishes, and distinct appointment of overseers,law

Separations of

ful.

43 Eliz. c. 2 But with respect to the

poor, such separation must have commenced with

in 60 years.

1 & 2 G. IV. c. 56.

Power given to guardians to sell poorhouses and lands.

an Act, passed in twenty-second year of his late Majesty, for the better Relief and Employment of the Poor.-[23d June, 1821.]

No.XXXVIII. WHEREAS an Act was passed in the twenty-second year of the reign of his late Majesty King George the Third, intituled, An Act for the better Relief and Employment of the Poor: And whereas doubts have arisen whether the guardians, or visitor and guardians of the poor, acting under the authority of the said Act, can make effectual sales of houses and other 22 G. 3. c. 83. buildings, with the land, yards, and gardens belonging thereto or held with the same, and give effectual discharges for, and make due application of the purchase money, and also whether an omission to appoint guardians in any year invalidates the appointment of guardians in any subsequent year; be it therefore 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 it shall and may be lawful for the guardians, or the visitor and guardians for the time being, of the poor of any parish, township, or place, or of several united parishes, townships, or places, which hath or have adopted, or shall hereafter adopt the provisions of the said recited Act, or the major part or number of such acting guardians, and jointly with the visitor, if any, for the time being (notwithstanding any omission to appoint guardians in each successive year, and also notwithstanding any informality in the appointment of any such visitor or guardians), and they are hereby authorised, under the order and direction of the inhabitants of any such parish, township, or place, or each of several such united parishes, townships, or places, in vestry assembled, and with the consent of two justices acting in and for the county, division, city, borough, or place, or several counties, divisions, cities, boroughs, or places, within which such parish, township, or place, or several parishes, townships, or places, shall be situate, to sell and dispose of any workhouse or other houses, tenements, and buildings, outhouses, offices, yards, gardens, orchards, lands, and grounds, with their appurtenances, which may have been purchased or erected by or on behalf of such parish, township, or place, or several united parishes, townships, or places, for the purposes and under the authority of the said Act, and the fee-simple and inheritance thereof, or any other estate or interest therein; and by bargain and sale to convey and assure the same unto the purchaser or purchasers thereof respectively, and his, her, and their respective heirs, executors, administrators, and assigns, or as he or they shall direct, and to give and sign receipts for the purchase money, which receipts shall be effectual discharges to the purchaser or purchasers, and his, her, or their respective heirs, executors, administrators, and assigns, without any obligation on him, her, or them to see to the application of his, her, or their purchase money; and from and after every such sale, the workhouse or other houses, tenements, and buildings, outhouses, offices, yards, gardens, orchards, lands, and grounds, with their appurtenances, so sold, shall be discharged from all the trusts and purposes of the said recited Act.

Application of money to arise by such sale.

II. And be it further enacted, That a competent part of the money arising from every such sale shall be applied in defraying the expences attending the sale, and in or towards discharging any incumbrances affecting the said workhouse, or other houses, tenements, and buildings, outhouses, offices, yards, gardens, orchards, lands, and grounds respectively, and any debts which may have been contracted by the guardians, or visitor and guardians of such parish, township, or place, or united parishes, townships, or places respectively, by way of charge on the poor's rates or otherwise; and the residue of any such money shall be paid by such guardians, or visitor and guardians, to the churchwardens and overseers for the time being of such parish, township, or place, or several united parishes, townships, or places respectively, in the like shares or proportions as they contributed towards the purchase or erection of the workhouse, or other houses, tenements, and buildings, outhouses and offices, yards, gardens, or chards, lands, and grounds respectively, which shall be so sold, and be applied by such churchwardens and overseers of the poor respectively, as

part of the rates to be collected for the relief of the poor of the same No. parish, township, or place, or several parishes, townships, or places re- XXXVIII. spectively.

[ No. XXXIX. ] 6 Geo. IV. c.57.-An Act for the Amendment of the Law respecting the Settlement of the Poor, as far as regards renting Tenements and paying Parochial Taxes.[22d June 1825.]

1&2 Geo.IV

c. 56.

No. XXXIX.

6 Geo. IV.

c. 57.

59 G. 3. c. 50 regarding Te

WHEREAS the settlement of the poor has been made, in some instances, to depend upon the annual value of tenements which they may have rented, or upon the annual value of tenements in virtue of which they have paid parochial rates: And whereas the ascertaining such value, in such respective cases, has given rise to very expensive litigation: And whereas doubts have been entertained, whether an Act made in the fifty-ninth year of King George the Third, intituled An Act to 59 G. 3. c. 50 amend the Laws respecting the Settlement of the Poor, as far as regards renting Tenements, has been effectual for the purpose of altering the law in respect of the necessity of proving the annual value of tenements so rented; and it is expedient that further provision be made relating thereto: Be it therefore 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, the said recited Act of the fifty-ninth year of the reign of King George the Third, intituled An Act to amend the Laws respecting the Settlement of the Poor, so far as regards renting Tenements, shall be and the same is hereby repealed. II. And be it further enacted by the authority aforesaid, That no person shall acquire a settlement in any parish or township maintaining its own poor, by or by reason of settling upon renting or paying parochial rates for any tenement, not being his or her own property, unless such tenement shall consist of a separate and distinct dwelling-house or building, or of land, or of both, bona fide rented by such person, in such parish or township, at and for the sum of ten pounds a year at the least, for the term of one whole year; nor unless such house or building or land shall be occupied under such yearly hiring, and the rent for the same, to the amount of ten pounds, actually paid, for the term of one whole year at the least: Provided always, that it shall not be necessary to prove the actual value of such tenement; any thing in any Act or Acts, or any construction of or implication from any Act or Acts, or any usage or custom to the contrary notwithstanding.

nements for Settlement of the Poor

repealed. What shall L deemed acquiring a Settlement.

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