Abbildungen der Seite
PDF
EPUB
[ocr errors]

or which at the time of making such rate was empty or unoccupied, that then every person so removing from, and every person so coming into or occupying the same, shall be liable to pay to such rate, in proportion to the time that such person occupied the same respectively, in the same manner, and under the like penalty of distress as if such person so removing had not removed, or such person so coming in or occupying, had been originally rated and assessed in such rate; which said proportion, in case of dispute, shall be ascertained by any two or more of his Majesty's justices of the peace.

No. XII.

17 Geo. II.

c. 38.

XIII. And be it further enacted by the authority aforesaid, That true Copies of rates and just copies of all rates and assessments hereafter to be made for the to be entered relief of the poor, be fairly wrote and entered in a book or books to be pro- in a book, vided for that purpose by the churchwardens and overseers of the poor of every parish, township, or place, who shall take care that such copies be wrote and entered accordingly within fourteen days after all appeals from such rates are determined, and shall attest the same by putting their names

thereto; and all and every such book or books shall be carefully preserved to be kept for by the churchwardens and overseers of the poor for the time being, or one public peruof them, in some public or other place, in every such parish, township, or sal. place, whereto all persons assessed, or liable to be assessed, may freely resort, and shall be delivered over from time to time to the new and succeeding churchwardens and overseers of the poor, as soon as they enter into their said offices, to be preserved as aforesaid, and shall be produced by them at the general or quarter sessions, when any appeal is to be heard or determined.

XIV. And be it further enacted by the authority aforesaid, That if any Penalty on pachurchwarden, overseer of the poor, or other officer of any parish, town- rish officers ship, or place, shall neglect or refuse to obey and perform the several orders not obeying and directions of this Act, or any of them, where no penalty is before provided this Act. by this Act, or shall act contrary thereto, every such churchwarden, overseer of the poor, or other officer so offending in the premises, shall for every such offence, on oath thereof made, within two calendar months after the offence committed, before any two or more of his Majesty's justices of the peace, forfeit for the use of the poor of such parish, township, or place, a sum not exceeding five pounds, nor less than twenty shillings, to be levied by distress and sale of the offender's goods, by warrant from such justices; which sum shall be paid to some churchwarden or overseer of the poor of such parish, township, or place, for the purpose aforesaid.

XV. And be it further enacted by the anthority aforesaid, That over- Power of overseers of the poor, within every township or place where there are no seers, where churchwardens, shall from time to time do, perform, and execute all and there are no every the acts, powers, and authorities, concerning the relief of, and other churchwarmatters and things relating to the poor, as churchwardens and overseers of dens. the poor may do, perform, and execute, by this Act, or any former statute concerning the poor, and shall lose, forfeit, and suffer all such pains and penalties for neglect, abuse or nonperformance thereof, as churchwardens and overseers of the poor are liable to, by virtue of this or any former statute concerning the poor.

[No. XIII.] 20 George III. c. 36.-An Act for obviating Doubts, touching the binding and receiving of poor Children Apprentices, in pursuance of several Acts of Parliament made for the Relief of the Poor within particular incorporated Hundreds or Districts; and for ascertaining the Settlement of Bastard Children born in the Houses of Industry within such Hundreds or Districts.

[Inserted ante. Title Apprentices. Class II. No. IX.]

[No. XIV.] 22 George III. c. 83.-An Act for the better Relief and Employment of the Poor.

No. XIV.

22 Geo. III. c. 83.

9 Geo. 1. c. 7.

Part thereof repealed.

Visitors and

guardians may make agreements for the

diet and cloth ing, &c. of per

sons sent to

the poorhouses.

Conditions on

shall be en

titled to the

Act.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

،

WHEREAS notwithstanding the many laws now in being for the relief
and employment of the poor, and the great sums of money raised
for those purposes, their sufferings and distresses are nevertheless very
grievous; and, by the incapacity, negligence, or misconduct of overseers, the
money raised for the relief of the poor is frequently misapplied, and some-
'times expended in defraying the charges of litigations about settlements
'indiscreetly and unadvisedly carried on: And whereas, by a clause in an
Act, passed in the ninth year of the reign of King George the First, in-
tituled, An Act for the Amendment of the Laws relating to the Settlement,
Employment, and Relief of the Poor, power is given to the churchwardens
and overseers, in the manner therein mentioned, to purchase or hire
houses, and contract with any person for the lodging, keeping, maintain-
ing, and employing the poor, and taking the benefit of their work, labour,
and service, for their maintenance; and where any parish, town, or town-
ship, should be found too small, to unite two or more for those purposes,
'with the consent of the major part of the parishioners or inhabitants, and
the approbation of a justice of the peace; which provisions, from the want
of proper regulations and management in the poorhouses or workhouses
that have been purchased or hired under the authority of the said Act,
and for want of due inspection and controul over the persons who have
engaged in those contracts, have not had the desired effect, but the poor,
in many places, instead of finding protection and relief, have been much
oppressed thereby: For remedy of these grievances and inconveniences,
and in order to make better and more effectual provision for the relief and
employment of the poor, and to introduce a prudent economy in the ex-
penditure of the parish money; 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 twenty-fifth day of March, which shall be in the
year of our Lord one thousand seven hundred and eighty-three, so much of
the said clause as respects the maintaining or hiring out the labour of the
poor by contract, within any parish, township, or place, which shall adopt
the provisions of this Act, shall be, and is hereby repealed, and every con-
tract or agreement made in pursuance thereof, for either of those purposes,
shall become, and is hereby declared to be, null and void.

[ocr errors]

II. Provided nevertheless, and be it further enacted, That it shall and may be lawful for the visitor and guardian, or visitors and guardians, appointed as hereafter mentioned, of any parish, township, or place, or parishes, townships, and places, which shall have adopted the provisions, and complied with the requisites of this Act, and shall have a visitor appointed, from time to time, to make agreements with any person or persons for the diet or clothing of such poor persons who shall be sent to the house or houses to be provided under the authority of this Act, and for the work and labour of such poor persons, so that no such agreement shall be made for any longer time than twelve months, and so that the same shall be, and every such agreement is hereby declared to be, under the strictest inspection and controul of the visitor, guardian, and governor of such poorhouse, and also of the justices of the peace for the limit where such poorhouse shall be; two of which justices, upon proof of any abuse, shall have power to dissolve such contract.

III. And be it further enacted, That whenever two third parts, in numwhich parishes ber and value, according to the poor rate, of the owner or occupiers of lands, tenements, or hereditaments, within any parish, township, or place, qualified as hereafter mentioned, shall, at any time after the passing this benefits of this Act, at a public meeting to be holden pursuant to the directions of this Act, signify their approbation of the provisions herein contained, and their desire to adopt them, in the form contained in the schedule hereunto annexed, No. I, and shall at such meeting nominate and recommend to the consideration of the justices of the peace of the county, riding, division, district, city, town, or place, where such meeting shall be holden, three able and discreet persons qualified for guardians of the poor for such parish, township, or place, and three other fit and proper persons qualified to be

governors of the poor house for such parish, township, or place, and fix the salaries to be paid to such guardian and governor respectively, and shall procure the consent and approbation of two justices of the peace acting for that limit, to such agreement and salaries by writing under their hands, in the forms contained in the Schedule, No. II, and shall cause such agreement to be registered pursuant to the direction of this Act; every such parish, township, or place, shall from that time be entitled to all the benefits, privileges, powers, authorities, and advantages, which can arise or be derived from this Act.

No. XIV.

22 Geo III.

c. 83.

IV. And be it further enacted, That where two third parts, in number Two or more and value as aforesaid, of the owners or occupiers of lands, tenements, or parishes may hereditaments, within two or more parishes, townships, or places, so quali- unite, with the fied, as aforesaid, shall think fit, with such approbation as aforesaid, signified approbation of in like manner under the hands of two justices of the peace, and subscribed two justices, at the foot af the said agreement, in the form expressed in the said Sche- &c. dule, No. II, at the end of the form of the said agreement, to unite for the purposes of this Act, and shall signify their inclination and desire so to do at a public meeting holden in each of such parishes, townships, and places, in the manner herein before directed concerning a single parish, in the form contained in the said Schedule, No. III, an agreement shall, as soon as conveniently may be after such public meetings shall have been holden, be entered into by the guardians of the poor of every such parish, township, and place respectively, or the major part of them, in the form, or to the effect set forth in the said Schedule, No. IV, which agreement shall be binding upon the several parties; and every such agreement shall specify the place where such house or houses shall be situate, and the terms upon which such agreement is made, and shall be entered with the clerk of the peace or town clerk of the county, city, town, or district, in which such parishes, townships, or places, shall be situate, and a copy thereof left with him within three calendar months after the time of making such agreement, in the form or to the effect mentioned in the said Schedule, No. V, for which entry every such clerk shall receive one shilling, and no more; and from that time every such parish, township, and place, so agreed to be united, shall be entitled to all the benefits, privileges, powers, authorities, and advantages, which can arise or be derived from this Act.

V. Provided nevertheless, and be it further enacted, That no parish, township, hamlet, or place, which shall be situate more than ten miles from any poorhouse or workhouse to be provided under the authority of this Act, shall be permitted to be united, for the purposes aforesaid, with the parishes, townships, hamlets, and places, which shall establish such poorhouse or workhouse.

VI. And be it further enacted, That the notice for every public meeting Notice for directed by this Act, shall be given in the church or chapel of every such meetings to be parish, township, or place, on three successive Sundays before the time of given in the such meeting, immediately after divine service, or on such of the said Sun- church, &c. days as service shall be performed there, and also fixed in writing on such church or chapel door, or if no church or chapel, at some public place within any such parish, township, or place, where notices of parish business have been usually given, fifteen days at least before the day to be appointed for such meeting, in the form, or to the effect mentioned in the said Schedule, No. VI.; and that no person shall vote at any public meeting to be Qualification holden for the purposes of this Act, unless he or she shall be the owner or of voters. occupier of lands, tenements, or hereditaments, which shall be assessed to the poor's rates, within such parish, township, or place, after the rate of five pounds per annum, at the least; nor shall any such person vote as occupier, unless he or she shall be assessed or pay to such poor's rates: Provided always, That in all parishes, townships, or places, wherein there shall not be ten persons possessed of the qualifications aforesaid, it shall and may be lawful for every person who shall be assessed, or shall pay to such poor's rates, to vote at every such meeting

VII. And be it further enacted, That it shall and may be lawful for two Justices to ap justices of the peace of the limit where such poorhouse shall be, or be so point a guaragreed to be situated, and they are hereby required, as soon as conveniently dian for each

parish, &c.

No. XIV.

22 Geo. III.

c. 83.

Duty and powers of the guardian.

Churchwarden or over

seer to receive the poor's

rate.

How to be applied.

Justices to appoint a governor of each poorhouse.

may be after such agreement shall have been made as aforesaid, upon application to them by two or more of the persons who shall have signed such agreement, and upon producing the same to them, to appoint one of the persons so recommended to be guardian of the poor for each of such parishes, townships, and places, in the form contained in the said Schedule, No. VII, or to that or the like effect; and every such guardian shall attend the monthly meetings hereby directed to be holden, and execute the several powers and authorities given to guardians by this Act, and shall have, and is hereby invested with, all the powers and authorities given to overseers of the poor by any other Act or Acts of Parliament, and shall to all intents and purposes, except with regard to the making and collecting of rates, be an overseer of the poor for the parish or township for which he shall be so appointed guardian, and shall be liable to such forfeitures and penalties for neglect of duty as overseers of the poor are made liable to by this or any other Act of Parliament; and all notices or applications directed by this or any other Act of Parliament to be given or made to the overseers of the poor, with respect to the care and management or removal of the poor, shall be given and made to the guardian of the poor, where any such guardian shall be appointed under the authority of this Act; but in case any orders of removal or notices shall happen, by mistake, to be given or sent to the churchwarden or overseer, the same shall be as valid and effectual as if given to the guardian; and such churchwarden or overseer shall, and is hereby required forthwith to deliver the same to the guardian, or shall forfeit forty shillings for his neglect: And in all cases where such guardian of the poor shall be appointed as aforesaid, neither the churchwardens or overseers of the poor shall interfere or intermeddle in the care and management of the poor, but shall continue to have and be invested with the same powers of making and collecting poor's rates as they have at present, and shall be subject to the like penalties for neglect or misbehaviour in making and collecting such rates as they were at the time of passing this Act.

VIII. And be it further enacted, That from and after the appointment of such guardian as aforesaid, one or more of the churchwardens or overseers of the poor of every parish, township, or place, which shall adopt the provisions of this Act, who shall be approved at some publick meeting to be ĥolden as aforesaid, shall receive the money to be collected by virtue of such poor's rates, and apply the same in manner following: (that is to say), if such parish, township, or place shall not be united with any other by virtue of this Act, such churchwarden or overseer shall pay to the guardian of the poor such sums, from time to time, as he shall have occasion to employ for the purposes of discharging the bills, and all other necessary expences attending such house or houses, and the poor belonging to such parish, township, or place, and shall take receipts from such guardian for all the money so paid, expressing in every such receipt the purposes for which such money is wanted; and if the said parish, township, or place, shall be united with any other parish, township, or place, by virtue of this Act, such churchwarden or overseer shall pay, from time to time, to the treasurer of such united parishes, townships, or places, their due proportion and quota of the several expences attending the poor and poorhouse therein, under the authority and according to the direction of this Act, and take his receipts for such money; or, if it shall be found more convenient, he shall permit such treasurer, from time to time, to draw drafts upon him for such money, in the form contained in the said Schedule, No. VIII, and pay the same when they become due, specifying in every such receipt and draft the general purposes for which such money is to be applied; all which payments so to be respectively made, shall be allowed to the said churchwarden or overseer, in his accounts with the parish, township, or place wherein such money shall be raised; and the accounts, as well of the said churchwarden or overseer, as of the said guardian, shall be examined at every monthly meeting, and shall be examined and passed quarterly by the visitor of such poorhouse, after they shall have been verified upon oath before a justice of the peace. IX. And be it further enacted, That it shall and may be lawful for two or more justices of the peace for the limit wherein such poorhouse shall be situate, and they are hereby required, as soon as conveniently may be after

7

c. 83.

such agreement shall have been made as aforesaid for adopting the provi- No. XIV. sions of this Act, either by a single parish or township, or by two or more parishes or townships, upon application made to them by two or more of 22 Geo. III. the persons who shall have signed such agreement, and upon producing the same to them, to appoint one of the persons recommended for governor of such poorhouse (in the form contained in the said Schedule, No. VII, or to that or the like effect), who shall have the care, management, and employment of the poor persons to be sent thither, and shall be allowed such salary or wages for his trouble as shall be specified in the said agreement; and it shall and may be lawful for the visitor of such poorhouse, with the consent of the guardians, or the major part of them, or for two or more justices of the peace for such limit, where a guardian shall be visitor, to remove the governor of such poorhouse, upon complaint, and sufficient proof, of misbehaviour or incapacity in the execution of his office.

X. And be it further enacted, That the guardians of the poor for the se- Directions for veral parishes and townships which shall be so united as aforesaid, shall the appointmeet as soon as conveniently may be after such agreement shall have been ment of visimade, to consider of three proper persons, respectable in character and for- tors. tune, fit to be put in nomination for the office of visitor of such poorhouse; and two or more of such guardians shall, as soon as conveniently may be after such meeting, apply to two justices of the peace acting for the limit wherein such poorhouse shall be, and produce to them the said agreement, and the names of the persons whom they shall desire to recommend; which justices shall then, or within three days after, appoint one of such persons so recommended to be visitor, in the form contained in the said Schedule, No. VII, or to that or the like effect; but if he shall refuse to accept that office, they shall then appoint one other of the persons so named; and if he shall decline it, they shall appoint the third person named in such list; and if he shall decline it, the guardians of the said several parishes, townships, and places shall, and they are hereby required to serve that office monthly by rotation, subject to the controul of the justices of the limit where such poorhouse shall be: And every such visitor, if not a guardian, Visitor may is hereby authorized to nominate some discreet and proper person to be his appoint a dedeputy or assistant, if he shall think fit, in the form contained in the said puty. Schedule, No. IX; and every such deputy or assistant shall, in the absence of such visitor, and under his direction, act as inspector of the several matters so committed to the care of the visitor, and shall make his report thereof, from time to time, to him, for his better information, and render him all the assistance in his power, and every visitor so to be appointed shall superintend every such house or houses, and settle and adjust the accounts between the said guardians of the poor and the treasurer of such house, if any question or dispute shall arise respecting the same, and also shall settle and adjust all doubts and questions which may arise concerning the persons which ought to be sent to such house or houses, according to the intention of this Act, and by every prudent means in his power enforce and promote the rules, orders, regulations, directions, and provisions established, enacted, and formed by and under this Act, for the better accommodation and relief of the poor, and the preventing all unnecessary expences and burthens on the said parishes, townships, and places: And every such governor, Governor, &c. guardian, and treasurer is hereby required to observe and obey the direc- to obey the tions which he shall from time to time receive from the visitor so to be ap- visitor. pointed, touching the several matters aforesaid: And where any act shall be required to be done by a justice of peace, such visitor, if not a justice, or his deputy or assistant, shall apply to some neighbouring magistrate to do the same: And every person to be nominated or appointed visitor or deputy visitor as aforesaid, as an inducement to his undertaking and executing that office, shall be freed and discharged from serving the office of constable, and all parochial offices, and also from serving upon juries at the assizes or quarter sessions, so long as he shall continue in that office; and a certificate under the hand of a justice of the peace acting for the limit wherein he executes such office, in the form contained in the said Schedule, No. X, shall be admitted as evidence of his serving the office.

XI. And be it further enacted, That if two-thirds, in number and value

« ZurückWeiter »