Parliamentary Papers

such conveyance, or make any offer or promise, or use any threat
to induce any poor person to depart from such parish or Union,
and if, in consequence of such conveyance or departure, any poor
person become chargeable to any other parish or Union, such of-
ficer, on conviction thereof before any Two Justices (either of the
place from whence such poor person has been conveyed, or had
departed 23 aforesaid, or of the place where such poor person has so
become chargeable) shall forfeit and pay for every such offence any
sum not exceeding Five Pounds, nor less than Forty Shillings.

And be it Enacted, That such Overseers may employ any proper person to carry, remove and deliver any pauper directed by such warrant to be removed, and that the delivery by such person of any such pauper shall be as effectual, to all purposes whatsoever, as if such pauper were delivered by any Overseer.

And be it Enacted, That the delivery of any pauper under any warrant of removal to any officer of the Workhouse of any parish, or of any Union in which the parish to which the removal is directed to be made is comprised, at such Workhouse, shall be deemed to be a delivery of such pauper to the Overseers of the said parish.

Provided always, and be it Enacted, That where any warrant has been made for the removal of any person, if it appear to the Justices who made such warrant, or to any other Two Justices of the same county or jurisdiction, that such person is unable to travel, by reason of sickness or other infirmity, or that it would be dangerous 25 for him to do so, such Justices shall suspend the execution of such warrant, as well with respect to such person as with respect to every other person thereby directed to be removed, until the same may be executed without danger to any person who is the subject thereof, and shall indorse such suspension on the said warrant of removal, and shall sign the same; and when such Justices, or any other Two Justices of the same county or jurisdiction, are satisfied that such warrant may be executed without danger to any person who is the subject thereof, such Justices shall direct such warrant to be executed, and shall indorse such direction on the said warrant of removal, and shall 35 sign the same; and in case such direction be given, or the party die, if it be proved on oath before any Two such Justices that any expenses of relief or maintenance, other than of medical relief, have been incurred by such suspension, such Justices may order the Overseers of the parish to which such person was directed to be removed, 40 to pay to the Overseers of the parish from which such person is directed to be removed, such expenses of relief and maintenance, other than of medical relief; and if the Overseers of the parish in whose behalf such warrant was made have duly sent the copy or counterpart

123.

21.

Appeal given where such charges exceed Ten

Pounds.

Award of
Costs.

22. Overseers may abandon

a warrant of

part of the warrant, and the statement of the grounds of removal as
aforesaid, and within Seven Days after the suspension of the said order
have also sent a copy of the suspension to the Overseers of the parish
to which such person is directed to be removed, and if such person be
afterwards removed under such warrant, or if such person die before
the execution of such warrant, then the Overseers of such last-named
parish shall pay such expenses; and if they refuse or neglect to pay the
same within Fourteen Days after the demand thereof, and if they do not
within such Fourteen Days give notice of appeal against the order to pay
such expenses, then the Overseers of the parish on whose behalf such 10
warrant was made may recover such expenses, together with the cost of
recovering the same, in the same manner as penalties and forfeitures.

And be it Enacted, That when the sum so ordered to be paid on
account of such charges exceeds the sum of Ten Pounds, if the Over-
seers of the parish ordered to pay the same think such parish aggrieved 15
thereby, and if, within Fourteen Days after demand made of payment
under such order, they give notice to the Overseers of the parish on
whose behalf such order was made, of their intention to appeal against
the same, then the Overseers of the parish ordered to pay such sum,
may appeal to the General or Quarter Sessions of the Peace, held 20
next after the expiration of Fourteen Days from the giving of such
notice, for the county, city, borough or place wherein the parish on
whose behalf such order was made doth lie; and if such court be of
opinion that the sum so ordered is more than of right ought to have
been paid, such court shall strike out the sum contained in the order, 25
and insert therein the sum which in the judgment of such court ought
to be paid; and upon such appeal before such court, or upon proof
made before such court that notice of such appeal has been given,
although such appeal has not been prosecuted, such court shall award
to the party in whose favour such appeal is determined, or to whom such 30
notice was given, such costs and charges in the law as such court in their
discretion think just and reasonable, to be paid by the party against
whom such appeal is determined, or by whom such notice was given;
and the party to whom such costs and charges are awarded may recover
the sum inserted in such order by such court as aforesaid, and the
costs and charges awarded by such court as aforesaid, in the same
manner as penalties and forfeitures: Provided always, That if in any
case it appear to the Justices ordering payment of such costs and
charges, or to the Court of Quarter Sessions on appeal against such
order, that the removal of any such person was negligently or impro- 40
perly delayed after he was in a fit state to be removed, such Justices
or such court may reduce the amount of the costs and charges so to
be paid, as to them may seem fit.

And be it Enacted, That in any case in which a warrant has been made for the removal of any person from any parish, and

notice

notice thereof sent as aforesaid, if at any time after such notice, whether notice of appeal against such warrant have or have not been then given, the Overseers of such parish give notice in writing, under the hands of any two or more of them, to the Overseers of the 5 parish to which such person is directed to be removed, that they abandon such warrant, then such warrant, and all proceedings consequent thereon, shall become and be null and void to all intents and purposes, as if the same had not been made; and shall not be given in evidence in case any warrant be afterwards obtained for 10 the removal of any person who may have been affected by such firstmentioned warrant; and the Overseers abandoning such warrant shall pay to the Overseers of the parish to which the removal was thereby directed to be made, the costs incurred by such last-mentioned Overseers, by reason of such warrant, and of all subsequent 15 proceedings thereon; and if such last-mentioned Overseers apply to the proper officer of the court before whom any appeal against such warrant, if it had not been abandoned, might have been brought, and if they produce to him the notice of such abandonment, and if they satisfy him that such reasonable notice of taxation has been given to the 20 Overseers abandoning such warrant as in his judgment the distance between the parishes requires, such Officer shall tax such costs; and may thereupon charge and receive the usual costs of taxation; and shall indorse the sum allowed by him as costs, and the amount of the said costs of taxation upon the notice of abandonment; and if such 25 costs, being lawfully demanded, be not paid within Ten Days after demand, the Overseers entitled to the same may recover them as penalties and forfeitures.

And be it Enacted, That the Clerk to the Justices, or, if there be no such Clerk, then One of the Justices who have made any warrant 30 of removal, shall transmit within Three Days from the making of such warrant a duplicate of such warrant, and also all the original depositions upon which such warrant was made to the Clerk of the Peace for the county, borough or place of which the said Justices are Justices, and that such duplicate and depositions shall thenceforward 35 be kept by said Clerk of the Peace.

And be it Enacted, That if the Overseers of the parish to which any person is by such warrant ordered to be removed, do, by writing delivered to such Clerk of the Peace, require such Clerk of the Peace to furnish them with a copy of such duplicate and depositions, or 40 either, such Clerk of the Peace shall, within a reasonable time after the delivery to him of such written requisition, furnish a copy of such duplicate or depositions, as the case may be, on being paid therefor at the rate of per folio.

123.

B 2

And

cgainst

Warrant of
Removal.

25. Overseers

of the parish aggrieved by warrant of removal, may appeal ;

Appeal only

to be respited

on affidavit

of special cir

cumstances.

Appeal preserved against warrants of removal made before this Act.

26.

Appeals

against warrants of

removal from parishes out of the Union

not to be

out consent

of the Board

And be it Enacted, That, if the Overseers of the parish to which any person is by any warrant directed to be removed as aforesaid, consider such parish to be aggrieved thereby; and if within Twenty-one Days after they have received the statement of the grounds upon which the same was made, and the copy or counterpart of the warrant, such Overseers give to the Overseers of the parish on whose behalf such warrant was obtained, notice in writing, under the hands of any Two or more of them, of their intention to appeal against such warrant, and of the grounds of such appeal, the said Overseers of the parish to which such person is directed to be removed, may appeal to the General or Quarter Sessions of the Peace to be held for the county, city, borough or place wherein the parish on whose behalf such warrant was obtained, or any part thereof, doth lie; and no appeal against any warrant of removal shall be entered at any Sessions of 15 the Peace by the appellant parish, and respited to the next Sessions, save only upon special circumstances to be verified on affidavit to the satisfaction of the court, and upon such terms as to costs and otherwise as to the court may seem fit: Provided always, That when any person has, before the passing of this Act, been placed under a warrant of removal, it shall be lawful for any person to appeal against such warrant, in like manner and with the like effect in all respects as if this Act had not been passed: Provided also, That where any appeal against a warrant of removal has been made, but not finally decided upon before the passing of this Act, nothing in this Act contained 25 shall in any way affect the decision to be given upon such appeal ; and such decision shall have the like effect as to the settlement of the persons named in such warrant, as if it had been given before the passing of this Act.

AND whereas it is expedient that appeals against a warrant of 30 removal should not be entered without due cause and consideration; BE it Enacted, That no appeal on the part of the Overseers of any parish in which relief is administered by a Board of Guardians, or entered with- which is included in any Union, against a warrant for the removal of any poor person to such parish from any other parish not included 35 in such Union, shall be entered at the Quarter or General Sessions, unless the previous consent of the Board of Guardians of such parish. or Union has been signified in the form marked (G.) in the Schedule to this Act, purporting to be signed by the presiding Chairman and Clerk of such Board.

of Guardians.

27.

And be it Enacted, That the Overseers giving such notice of Overseers may appeal, or their attorney, or any other person authorized by them, the Pauper may, until such appeal is heard and decided, at all proper times have

have access to

touching his

Settlement or free access to the person directed to be removed, for the purpose of

liability to

Removal.

examining

examining him touching his settlement or liability to be removed; and
if it be necessary for the more effectual examination of such person,
that he should be taken out of the parish in whose behalf the
warrant was obtained, such overseers may remove him therefrom
for the time which may be necessary for that purpose; and in such
case the said Overseers shall defray the expense of such removal,
and of the maintenance of such person during the same, and shall not
recover any such expense from the respondent parish.

And be it Enacted, That in any proceedings to be had before 10 Justices in petty or special sessions, or out of sessions, under the provisions of this Act, if any party to such proceedings request that any person be summoned to appear as a witness in such proceedings, it shall be lawful for any Justice to summon such person to appear and give evidence, and, if necessary, to produce such documents, books and 15 papers as may be in his possession upon the matter of such proceedings; and if any person so summoned neglect or refuse to appear to give evidence, or to produce such documents, books and papers, where the same are lawfully produceable in evidence, at the time and place appointed in such summons, and if proof upon oath be given of personal 20 service of the summons up on such person, and that the reasonable expenses of attendance were paid or tendered to such person, it shall be lawful for such Justice, by warrant under his hand and seal, to require such person to be brought before him, or any Justices before whom such proceedings are to be had; and if any person coming or 25 brought before any such Justices in any such proceedings refuse to give evidence thereon, or to produce such documents, books and papers, where the same are lawfully produceable in evidence, it shall be lawful for such Justices to commit such person to any Gaol or House of Correction within their jurisdiction, there to remain for any time not exceeding 30 Fourteen Days, or until such person shall sooner submit himself to be examined, or to produce such documents, books and papers as aforesaid; and in case of such submission or production, the order of any such Justice shall be a sufficient warrant for the discharge of such person.

And be it Enacted, That the Justices of the Peace at the Gene35 ral or Quarter Sessions of the county, borough or place wherein the parish or any part thereof is situate from which the warrant appealed against has directed the removal to be made, held next after the expiration of Fourteen Days from the day on which the notice of appeal was given, shall hear and determine such appeal upon the grounds set forth respectively in the respondents' statement of the grounds of the warrant of removal, and in the appellants' statement of the grounds of their appeal; and neither the respondents nor appellants shall, on the hearing of such appeal, go into, or give evidence of, or be heard

123.

B 3

upon,

28. Summons of Witnesses by Justices.

29. Quarter Ses

sions to hear

appeal; no

grounds to be gone into, but those set forth

in the respon

dents' and

appellants' statements.

« Previous Continue »

Books

Parliamentary Papers, Volume 3