No. IX.

c. 29.

8 & 9 W. 3. c. 30.

IX. And whereas by an Act made in the eighth and ninth years of the 3 George II. reign of his late Majesty King William the Third, intituled, An Act for supplying some Defects in the Laws for the Relief of the Poor of this King'dom, all parishes and places are obliged to receive and entertain as in'habitants all and every person and persons and their families, which come from any other parishes or places with such certificates of their settlement, as in the said Act are directed and required, until such certificated persons become chargeable, in which case, and no others, the parishes and places to which they have been sent by certificate, are authorized to reconvey, and those from whence they came, required to receive the said 'certificated persons and their families, as their proper parishioners and in'habitants; but no provision is made in the said Act for reimbursing the 'parishes and places the charges they may be put to in reconveying the 'said certificated persons to their former parishes and settlements, or for 'the maintenance of them when sick or disabled, till they may be in a con'dition to be so removed, whereby divers parishes and places are often put 'to great and unavoidable expences in removing and maintaining such cerOverseers to ⚫tificated persons and their families: Now to remedy and prevent the same be reimbursed for the future, Be it enacted by the authority aforesaid, That when any overseer or overseers of the poor of any parish or place, or other person, ing certificated shall remove back any person or persons or their families, residing in such parish or place, or sent thither by certificate, and becoming chargeable as aforesaid, to the parish or place to which such person or persons shall belong, such overseers or other persons shall be reimbursed such reasonable charges as they may have been put unto, in maintaining and removing such person or persons, by the churchwardens or overseers of the poor of the parish or place, to which such person or persons is or are removed, the said charges being first ascertained and allowed of by one or more of his Majesty's justices of the peace for the county or place to which such removal shall be made; which said charges, so ascertained and allowed, shall, in case of refusal of payment, be levied by distress and sale of the goods and chattels of the churchwardens and overseers of the poor of the parish or place to which such certificated person or persons is or are removed by warrant or warrants under the hand and seal or hands and seals of such justice or justices, returning the overplus, if any there be; which warrant or warrants he or they are hereby required to grant.

on reconvey

persons.

No. X.

17 Geo. II. c. 3.

43 Eliz. c. 2.

Poor rates to be published in the church.

To be inspected by any in

habitant, and copies taken.

[No. X.] 17 George II. c. 3.-An Act to oblige Overseers of the Poor to give publick Notice of Rates made for the Relief of the Poor, and to produce the same.

WHEREAS great inconveniences do often arise in cities, towns-corporate, parishes, townships and places, by reason of the unlimited power of the churchwardens and overseers of the poor, who frequently on 'frivolous pretences, and for private ends, make unjust and illegal rates in a secret and clandestine manner, contrary to the true intent and meaning ' of a statute made in the forty and third year of the reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor;' For remedy whereof, and preventing the like abuses for the future, 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 first day of May one thousand seven hundred and forty-four, the churchwar dens and overseers, or other persons authorized to take care of the poor in every parish, township, or place, shall give or cause to be given, publick notice in the church, of every rate for the relief of the poor, allowed by the justices of peace, the next Sunday after the same shall have been so allowed; and that no rate shall be esteemed or reputed valid and sufficient, so as to collect and raise the same, unless such notice shall have been given. II. And be it further enacted, That the churchwardens and overseers of the poor, or other persons authorized as aforesaid, in every parish, ship, or place, shall permit all and every the inhabitants of the said parish,

town

township or place, to inspect every such rate at all seasonable times, paying one shilling for the same, and shall upon demand forthwith give copies of the same, or any part thereof, to any inhabitant of the said parish, township or place, paying at the rate of sixpence for every twenty-four names. III. And be it further enacted, That if any churchwarden or overseer of the poor, or other person authorized as aforesaid, shall not permit any inhabitant or parishioner to inspect the said rates, or shall refuse or neglect to give copies thereof as aforesaid, such churchwarden or overseer, or other person authorized as aforesaid, for every such offence, shall forfeit and pay to the party aggrieved the sum of twenty pounds, to be sued for and recovered by action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record, wherein no essoin, protection, or wager of law, or more than one imparlance shall be allowed.

[No. XI.] 17 George II. c. 37.-An Act to prevent Disputes touching the Parishes or Places where improved Wastes, and drained and improved Marsh Lands, shall be charged to Parochial Rates.

No. X.

17 Geo. II.

c. 3.

Penalty on not permitting any inhabitant to inspect, &c.

No. XI.

17 Geo. II.

c. 37.

WHEREAS in divers counties great quantities of waste and barren lands, and lands which were formerly fen or marsh ground, or covered with water, have been of late years improved or drained, and are now ' of very considerable annual value, and the inhabitants therein, and occupiers thereof, ought to bear and pay a proportionable part of the rates made for the relief of the poor, and to be subject to such charges, and in 'like manner as other inhabitants and occupiers of lands, houses, tythes impropriate, propriations of tythes, coal mines, and saleable underwoods, are by an Act made in the forty-third year of the reign of Queen Eliza- 43 Eliz. c. 8. 'beth, intituled, An Act for the Relief of the Poor, and likewise to bear and but great difficulties 'pay a proportionable part of all other parochial rates; 'frequently arise in determining to what parish or place such lands belong, or 'ought to be rated:' 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 twenty-fourth day of June one thousand seven hundred and forty-four, where there shall be any dis

pute or uncertainty in what parish or place such lands heretofore improved Drained lands or drained, or hereafter to be improved or drained, lie, and ought to be to pay parated; all and every the occupier and occupiers of such lands, or houses rochial taxes. built thereon, tenements, tythes arising therefrom, mines therein, and saleable underwoods therein growing or hereafter to grow, shall be rated and assessed to the relief of the poor, and to all other parochial rates within such parish and place which lies nearest to such lands, in like manner and form, and subject to the same directions and regulations as all other lands within such parish and place are by law liable to be rated and assessed thereunto; and if on application to the officers of such parish or place to have such improved or drained lands rated and assessed as aforesaid, any dispute or difference shall arise touching what parish or place such lands ought to be rated and assessed in, it shall and may be lawful to and for the justices of the peace, for the county, riding, liberty, or division where such lands lie, at their next general quarter-sessions to be held for such county, riding, liberty, or division, after such application made as aforesaid, and after notice given to the officers of the several parishes and places abutting upon and adjoining to such lands, and to all other persons claiming and interested therein, to hear and determine the same on the appeal of any person interested, and at such sessions to cause such lands or hereditaments as aforesaid to be allotted to, and fairly and equally assessed in, such parish or place as they shall see just and meet, and such determination and allotment shall at all times thereafter be final and conclusive to and upon the said several parishes and places, and all other persons whatsoever, as to the parish or place in which such lands and hereditaments shall be rated and assessed to the poor, and all other parochial rates as aforesaid; and the

Justices in general quarter-sessions to hear and de

termine dis

putes.

No. XI.

17 Geo. II. c. 37.

No. XII.

17 Geo. II. c. 38.

43 Eliz. C.

At what time parish officers shall make up their accounts.

said lands and hereditaments shall, at all times after such determination and allotment, be rated and assessed to the relief of the poor, and to all other parochial rates within such parish and parishes, place and places only, to which they shall respectively have been so allotted as aforesaid; any law, custom or usage to the contrary in any wise notwithstanding.

II. Provided always, and it is hereby enacted and declared by the authority aforesaid, That nothing in this Act contained, nor any allotment to be made by the justices of the peace at their general quarter sessions in pursuance and by virtue thereof, shall extend to, or be deemed or construed to extend to, or in any wise affect or determine the boundaries of any parish or parishes, place or places, to any intent or purpose, other than for the purpose of rating and assessing such lands, tenements and hereditaments to the relief of the poor, and to all other parochial rates within such parish or place to which they shall be so allotted as aforesaid; any thing herein contained to the contrary thereof in any wise notwithstanding.

[III. Local.]

[No. XII.] 17 George II. c. 38.-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.

WHEREAS by reason of some defects in an Act of Parliament made in the three and fortieth year of the reign of the late Queen Elizabeth, intituled, An Act for the Relief of the Poor, the money raised for that purpose is liable to be misapplied, and there is often great difficulty and delay in raising of the same;' For remedy whereof may it please your most excellent 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 twenty-fourth day of June one thousand seven hundred and forty-four, the churchwardens and overseers of the poor shall yearly and every year, within fourteen days after other overseers shall be nominated and appointed to succeed them, deliver in to such succeeding overseers, a just, true and perfect account in writing, fairly entered in a book or books to be kept for that purpose, and signed by the said churchwardens and overseers hereby directed to account as aforesaid, under their hands, of all sums of money by them received, or rated and assessed and not received; and also of all goods, chattels, stock, and materials that shall be in their hands, or in the hands of any of the poor, in order to be wrought, and of all monies paid by such churchwardens and overseers so accounting, and of all other things concerning their said office; and shall also pay and deliver over all sums of money, goods, chattels and other things as shall be in their hands, unto such succeeding overseers of the poor; which said account shall be verified by oath, or by the affirmation of persons called Quakers, before one or more of his Majesty's justices of the peace; which said oath or affirmation such justice or justices is and are hereby authorized and required to administer, and to sign and attest the caption of the same, at the foot of the said account, without fee or reward; and the said book or books shall be carefully preinspected,pay- served by the churchwardens and overseers, or one of them, in some pubing 6d. and co- lick or other place, in every parish, township, or place; and they shall and pies taken, are hereby required to permit any person there assessed, or liable to be paying 6d. for assessed, to inspect the same at all seasonable times, paying sixpence 300 words. for such inspection, and shall, upon demand, forthwith give copies of the same, or any part thereof, to such person, paying at the rate of sixpence for every three hundred words, and so in proportion for any greater or less

Books may be

Penalty on pa

number.

II. And it is hereby further enacted, That in case such churchwardens rish officers not and overseers of the poor, or any of them, shall refuse or neglect to make and yield up such account verified as aforesaid, within the time herein before limited or appointed, or shall refuse or neglect to pay and deliver

accounting.

over such sum or sums of money, goods, chattels and other things in their hands, as by this Act is directed; in either of the said cases, it shall and may be lawful to and for any two or more justices of the peace (1) to commit him or them to the common gaol, until he or they shall have given such account, or shall have paid and yielded up such monies, goods, chattels, and other things, in their hands as aforesaid (2).

No. XII.

17 Geo. II.

c. 38.

III. And be it further enacted by the authority aforesaid, That if any On an oversuch overseer shall die, or remove from the place for which he was ap- seer's dying, pointed, or become insolvent, before the expiration of his office, on oath &c. two justhereof made, it shall be lawful for two justices of the peace to appoint tices to choose another overseer in his stead, who shall continue in office until new over- another. seers are appointed; and if any overseer shall remove as aforesaid, he shall Overseer rebefore such removal deliver over to some churchwarden or other overseer moving, shall of the same place, his accounts verified as aforesaid, with all rates, assess- deliver his acments, books, papers, sums of money, and other things concerning his office; under the like penalties as are inflicted by this Act on an overseer den, &c. refusing to do the same after the expiration of his office; and if any overseer shall die as aforesaid, his executors or administrators shall, within forty Executors of days after his decease, deliver over all things concerning his office to some overseers to churchwarden, or other overseer of the same place; and shall pay out of account in the assets left by such overseer, all sums of money remaining duc, which he forty days. received by virtue of his said office, before any of his other debts are paid

and satisfied.

counts to the churchwar

IV. And be it further enacted, That in case any person or persons shall Persons agfind him, her, or themselves aggrieved by any rate or assessment made for grieved may the relief of the poor, or shall have any material objection to any person or appeal. persons being put on, or left out of such rate or assessment, or to the sum charged on any person or persons therein, or shall have any material objection to such account as aforesaid, or any part thereof, or shall find him, her, or themselves aggrieved by any neglect, act, or thing done or omitted by the churchwardens and overseers of the poor, or by any of his Majesty's justices of the peace; (3) it shall and may be lawful for such person or persons, in any of the cases aforesaid, giving reasonable notice to the churchwardens or overseers of the poor of the parish, township, or place, to appeal to the next (4) general or (5) quarter-sessions of the peace for the county, riding, division, corporation or franchise where such parish, township, or place lies; and the justices of the peace there assembled are hereby authorized and required to receive such appeal, and to hear and finally determine the same; but if it shall appear to the said justices that reasonable notice was not given, then they shall adjourn the said appeal to the next quartersessions, and then and there finally hear and determine the same; and the said justices may award and order to the party, for whom such appeal shall be determined, reasonable costs, in the same manner that they are impowered to do in case of appeals concerning the settlement of poor persons, by an Act made in the eighth and ninth years of King William the Third, intituled, An Act for supplying some Defects in the Laws for the 8 W. 3. c. $0. Relief of the Poor of this Kingdom.

V. Provided always, That in all corporations or franchises who have not Proviso for four justices of the peace, it shall and may be lawful for any person or per- corporations, sons in any of the cases aforesaid, where an appeal is given by this Act, to &c. appeal, if he or they shall think fit, to the next general or quarter sessions

of the peace for the county, riding or division wherein such corporation or franchise is situate.

(1) The justices may enforce the payment of the balance, after an appeai; R. v. Sir John Carter, 4 T. R. 246.

(2) This is not superseded by the provisions of 50 Geo. III. c. 49. post.; Wm. Lester's Case, 16 E. 374.

(3) This clause does not enable the sessions to make an original order for overseers to pay over money to their successors; R. v. Whitear, 3 Bur. 1365.

(4) If the accounts are allowed the day before the sessions, the appeal may be to the next following sessions: and qu. whether the power of appeal under 43 Eliz. c. 2. s. 8. is repealed by this statute; Justices of Dorsetshire, 15 E. 200.

(5) An appeal to the next quarter sessions in London or Middlesex is sufficient, notwithstanding an intermediate general sessions; Justices of London, 15 E. 632.

No. XIL

17 Geo. II. c. 38.

How far justices shall give relief on appeals.

Clause relating to warrants of distress.

Appeal.

overseers,

VI.' And whereas it hath been held, that upon appeals from rates and assessments, the justices of the peace may not only quash the old rates, 'but make new rates and assessments, from which no appeal can be had ;' 'Be it enacted by the authority aforesaid, That upon all appeals from rates and assessments, the justices of the peace (where they shall see just cause to give relief) shall and are hereby required to amend the same, in such manner only as shall be necessary for giving such relief, without altering such rates or assessments, with respect to other persons mentioned in the same; but if upon an appeal from the whole rate, it shall be found necessary to quash or set aside the same, then and in every such case, the said justices shall and are hereby required to order and direct the churchwardens and overseers of the poor to make a new equal rate of assessment, and they are hereby required to make the same accordingly.

VII. And for the more effectual levying of the money assessed for the relief of the poor, Be it enacted by the authority aforesaid, That the goods of any person assessed, and refusing to pay, may be levied by warrant of distress, not only in the place for which such assessment was made, but in any other place within the same county or precinct; and if sufficient distress cannot be found within the said county or precinct, on oath made thereof before some justice of any other county or precinct (which oath shall be certified under the hand of such justice on the said warrant), such goods may be levied in such other county or precinct by virtue of such warrant and certificate; and if any person shall find him or herself aggrieved by such distress as aforesaid, it shall and may be lawful for such person to appeal to the next general or quarter sessions of the peace for the county or precinct where such assessment was made, and the justices there are hereby required to hear and finally determine the same.

Clause to pre- VIII. And to prevent all vexatious actions against overseers of the poor, vent vexatious Be it enacted by the authority aforesaid, That where any distress shall actions against be made for any sum or sums of money justly due for the relief of the poor, the distress itself shall not be deemed to be unlawful, nor the party or parties making it be deemed a trespasser or trespassers on account of any defect or want of form in the warrant for the appointment of such overseers, or in the rate or assessment, or in the warrant of distress thereupon; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards done by the party or parties distraining, but the party or parties aggrieved by such irregularity shall or may recover full satisfaction for the special damage he, she, or they shall have sustained thereby, and no more, in an action of trespass, or on the case, at the election of the plaintiff or plaintiffs.

Plaintiffs recovering, to have full costs.

Proviso in case of irregularity.

Succeeding

overseers to

levy arrears, to reimburse the

former.

IX. Provided always, That where the plaintiff or plaintiffs shall recover in such action, he, she, or they shall be paid his, her, or their full costs of suit, and have all the like remedies for the same as in other cases of costs.

X. Provided nevertheless, That no plaintiff or plaintiffs shall recover in any action for any such irregularity as aforesaid, if tender or amends hath been made by the party or parties distraining before such action brought.

XI. And be it further enacted by the authority aforesaid, That in case any person or persons shall refuse or neglect to pay to such overseers as aforesaid, any sum or sums of money that he, she, or they shall be legally rated or assessed to, it shall and may be lawful to and for the succeeding overseers, and they are hereby required to levy such arrears, and out of the money so levied to reimburse their predecessors all sums of money which they have expended for the use of the poor, and which are allowed to be due to them in their accounts as aforesaid.

XII. And whereas persons frequently remove out of parishes and places without paying the rates assessed on them, and other persons do enter and occupy their houses or tenements part of the year, by reason whereof great sums are annually lost to such parishes and places;' Be it therefore enacted by the authority aforesaid, That where any person or persons shall sons removing come into, or occupy any house, land, tenement or hereditament, or other out of parishes. premises, out of or from which any other person assessed shall be removed,

Clause concerning per