9. If such Overseers so ordered to pay such damages,costs, and estimated expenses of removal, after service of a copy of such order on them, shall refuse to pay the same, the Overseers of the Poor in whose favour such order is so made, shall and may sue for and recover the amount thereof in their own names as if it were a private debt, in any Court of competent jurisdiction, with costs as in other cases, and the production and proof on the trial of the order or a copy thereof, and of the service thereof, shall be a sufficient proof of the debt. 10. The Overseers of the Poor shall in all cases previous to any application to a Justice of the Peace, send a written. notification by mail or otherwise,stating the facts relating to any person actually become chargeable or applying for relief from such Parish, to one or more Overseers of the Poor of the place where his settlement is supposed to be,and requesting them to remove him, which they may do by a written order directed to any person therein designated, who is hereby authorized to execute the same. 11. Every Parish shall be liable to pay any expense which shall necessarily be incurred for the relief of a pauper by any person who is not liable for his support, after notice and request made to the Overseers of the Poor of the Parish,and until provision shall be made for them; provided that in every such case, when disputed by such Overseers, the expenses so incurred shall be laid before the County Council, who shall examine into the circumstances and determine whether any and what amount should be paid by such Overseers to the person so giving such relief, and such amount so determined shall then be recovered from such Overseers in like manner as is provided by Section nine of this Act. 12. In Parishes and Towns where there are no Overseers of the Poor, Overseers of the Poor in this Chapter shall include Commissioners of any Almshouse or Workhouse, or other persons who have charge or the care of the Poor, or who are required to perform the duties of Overseers of Poor. 13. "Parish" shall include any District, City or Town in which assessments for the support of the poor are authorized to be made. 14. If the Overseers of the Poor on behalf of the Parish against whom such Justice shall have given a judgment, as provided in the fifth Section, shall feel aggrieved, they may within ten days thereafter apply to such Justice for a copy of all proceedings had before him in the matter, which the Justice shall furnish them within three days, and if he neglects to do so, obedience may be enforced by the Judge who may have the right to decide the matter, as hereinafter provided, by order and attachment: The said Overseers may within thirty days after such judgment apply to the Judge of the County Court of the County in which such judgment was given, who, upon such copy of proceedings being laid before him, may appoint a time and place for hearing the matter, and notice thereof shall be given to the Overseers of the Poor of the Parish who laid the complaint before said Justice; and the Judge after hearing shall, by order, determine the matter, and may affirm or reverse the judgment of the Justice, which order shall be final; the costs of the appeal to be awarded to the successful party, and be taxed by the Judge as in cases of review of proceedings in Justices' Courts in civil suits, and shall be a charge on the Parish whose Overseers are ordered to pay such costs, and shall be by order of the County Council assessed and levied on such Parish, and when collected be paid to the party entitled thereto. 15. In case of judgment being recovered against any Overseers of the Poor of any Parish at any time, it shall be the duty of such Overseers forthwith to pay the amount thereof to the person or persons recovering the same, out of any money then in their hands belonging to the Parish, or which shall first come into their hands thereafter: In case such Overseers have not sufficient funds to pay such judgment, it shall be their duty forthwith to make a return to the County Secretary, shewing the amount of such judgment and the sum necesssary to be raised to pay the same off, and the County Council shall at their first meeting thereafter make an order of assessment upon the Parish for a sum sufficient to liquidate such judgment; and if an assessment is ordered, the amount thereof shall be levied and collected in same manner as County and l'oor Rates are levied, assessed and collected. 16. Any person actually chargeable, or who is likely to become chargeable to any Parish wherein he has no lawful settlement, may on the complaint of the Overseers of the Poor of such Parish be brought before a Justice of the Peace on warrant, in order to be examined on oath concerning his lawful settlement, and if such person on being brought before such Justice shall refuse to give evidence concerning his settlement, he may be committed to jail for a period not exceeding twenty four hours. 17. The fees to be allowed and taken under this Chapter shall be those provided in the Chapter relating to "Fees." 18. The forms of proceedings under this Chapter shall be as follows, or to the like effect: said Parish, not having gained any legal settlement therein, and that he the said is likely to become chargeable (or has become chargeable) to the said Parish, and that they are informed and believe that the said lawful settlement in the Parish of of has a in the County J. P. Complaint, (under Section 16). Same as under Section 5 to the asterisk. Summons to shew cause against an Order for Removal, (under Section 5). To the Overseers of the Poor of the Parish of in the County of (if you This is to summon you or some of you to appear shall so think proper), before me, a Justice of the Peace in Warrant for a person to be examined concerning a Settlement, (under Section 5). County of To any Constable in the County of Forasmuch as complaint has been made before me, a Justice of the Peace in and for the County of the Overseers of the Poor of the Parish of County of that , by , in the has come to inhabit in said Parish, not having gained any legal settlement therein, and the said is likely to become chargeable (or has become chargeable, as the case may be), to the said Parish of These are therefore to require you to bring the before me at my Office in the Parish of said o'clock in the Same form under Section 16, to the asterisk. Order of Removal, (under Section 7). To the Overseers of the Poor of the Parish of of the County of and to that the said Parish of in unto me the Upon the complaint of the Overseers of the Poor of the Parish of , in the County of undersigned, a Justice of the Peace in and for the County of that has come to inhabit in the said l'arish not having gained a legal settlement there, and is likely to be chargeable to the said (or has become chargeable, as the case may be), I the said Justice, upon due proof made thereof as well upon the examination of the said as otherwise, and likewise upon due consideration had of the premises, do adjudge the same to be true, and I do likewise adjudge that the lawful settlement of him the said is in the said Parish of in the said County of ; I do therefore require you the said to convey the said from and out of the said Parish of to the said Parish and him to deliver to the Overseers of the Poor there, or to some or one of them, together with a copy of this order; and I do also hereby require you the said Overseers of the Poor of the said Parish of to receive and provide for him as an inhabitant of your Parish. Given under my hand this day of Order, (under Section 8). A. D. 18 • Whereas upon the complaint of the Overseers of the Poor in the County of unto of the Parish of me a Justice of the Peace in and for the County of that had come to inhabit in the said Parish not having gained a legal settlement there, and that the said was likely to become (or was) chargeable to the said Parish, I the said Justice did on the 18 , upon due proof made thereof, and upon consideration, adjudge the same to be true, and that the lawful settlement of the said County of day of was in the Parish of and order his removal thereto. A. D. in the And whereas on such adjudication it was proved before me that the said Overseers of the Poor of the Parish of And whereas the costs of the proceedings taken to effect such removal have been taxed by me at the sum of And whereas I have estimated the expense of removing ; to the said which said first mentioned expense, costs,and estimated expense of removal, in all amount to the sum of ; Now I do therefore order, that the said sum of paid by the Overseers of the Poor of the Parish of 1 Arrest of reputed father upon in 3 Justice to transmit information to formation. 2 Proceedings after arrest, the Clerk of the Peace. 4 If woman marry, &c., person to be discharged. |