Page images
PDF
EPUB

CONTENTS OF TAE BILL

To Consolidate and Amend the Laws relating to the Removal of the Poor.

1. REPEALS: Section 1. Repeal of so much of former Acts of Parliament as relates to the removal of

poor persons settled in England.

II. CHARGEABILITY :
Section 2. Declaration, that unsettled persons are to be relieved at the charge of the Parish'

where they are destitute, as if they were settled there, until they are lawfully

removed, or their destitution there is lawfully at an end. 3. Board of Guardians empowered to charge relief in doubtful cases, subject to war

rant of removal, or appeal to the Commissioners. 4. The books of Overseers and Relieving Officers made prima facie evidence of

chargeability 5. The Commissioners, with the consent of the majority of the Board of Guardians,

may make houseless poor a Union charge.

III. REMOVAL:
Section 6. Persons chargeable to a · Parish' in which they are not settled, declared liable

to be removed to the parishes of their settlement.

Restrictions on Removal :
Section 7. But persons are not to be removed from one parish to another parish in the same

Union. Their settlements may, however, be ascertained by order of justices. 8. Persons exempted from the liability to be removed after Five years' residence in

parish, without relief. 9. Also, widows for Twelve Months after the death of their husbands. 10. Also, children and wives, when the father, mother, step-father or husband is not

removable. 11. Also, persons chargeable through temporary sickness or disability from

accident.

Procedure in Removals:

Section 12. Power to Overseers to admit settlements, and agree to amicable removals.

13. Summons of persons liable to be removed ; their examination ; the warrant for

their removal. Proviso for the examination of persons who cannot attend the summons.

Replaces 13 & 14 Car. 2, c. 12, s. 1, as to power to remove; as to complaint to One Justice, R. v. Westwood, 2 Bott., 782; summons, R. v. Wykes, 2 Bott., 818; hearing by Two Justices, ib.; examination of infirm persons, Suspension of Warrants of Remural : Section 20. Suspension of the Removal; recovery of the charges incurred by such suspension. 21. Appeal where such charges exceed Ten Pounds.

seers.

49 Geo, 3, c. 124, s. 4; and of prisoners, 59 Geo. 3, c. 12, s. 28. 14. Board of Guardians may apply for warrant of removal after notice to the Over

Proviso for saving the power of Overseers to apply for such warrant. - 15. Paid officer may be appointed to conduct removals and regulations to be made

with reference to his duties. 16. No removal to be made until after Forty Days' notice, unless the removal be

previously submitted to. In case of appeal, the removal not to be made until such appeal is ended.

Replaces 4 & 5 Will. 4, c. 76, s. 79. 17. Overseers, or persons employed by them, may execute the warrant of removal.

Replaces 54 Geo. 3, c. 170, s. 10. 18. Persons procuring removals for the purpose of causing chargeability to another

Parish without warrants, made subject to penalties. 19. Delivery of Paupers under warrants of removal, at the Workhouse of a Parish or

Union, to be regarded as delivery to the Overseers.

These two Clauses replace 25 Geo. 3, c. 101 ; as to sick persons, R. v. Everdon, 2 Bott., 858; and as to the whole family, 49 Geo. 3, c. 124, s. 3; as to Justices' jurisdiction, 49 Geo. 3, c. 124, s. i; as to notice of the warrant

and suspension, 4 & 5 Will. 4, c. 76, s. 84. 22. Overseers may abandon a warrant of removal, paying the costs caused to the

other party

23. The Clerk of the Justices to transmit a duplicate of every warrant of removal

and the original depositions to the Clerk of the Peace. 24. The Clerk of the Peace, on application, to furnish copies to the Overseers of

the parish to which the removal is directed to be made.

IV. APPEAL AGAINST WARRANT OF REMOVAL:
Section 25. The Parish aggrieved by a Warrant of Removal may appeal, giving notice of the

grounds of their appeal. Appeal to be respited only on affidavit of special cir-
cumstances. Warrants of removal made before the passing of this Act may
still be appealed against, as if the Act had not been passed.

Replaces 13 & 14 Car. 2, c. 12, s. 2, and 3 Will. 4, c. 11, s. 10; and as to

statement of periods of appeal, 4 & 5 Will. 4, c. 76, s. 81. - 26. Appeals against warrants of removal from parishes out of the Union not to be

entered without the consent of the Board of Guardians. Expenses of removal

to be controlled by the Board of Guardians.
27. Overseers may have access to the Pauper touching his settlement.

places 4 & 5 Will. 4, c. 76, s. 8o.
28. Summoms of Witnesses.

29. Quarter Sessions held fourteen days after notice of appeal, to hear the appeal ; no

grounds to be gone into, but such as have been set forth in the Respondents' and Appellants' statements.

Replaces 8 & 9 Will. 3, c. 30, s. 6, giving, however, jurisdiction to sessions of places, not counties ; restrictions to the grounds of removal and appeal,

4 & 5 Will. 4, c. 76, s. 81. 30. On the trial of the appeal, the duplicate of the warrant, and the original depo

sitions transmitted to the Clerk of the Peace, may be referred to for certain

purposes. 31. Costs incurred by reason of notice of removal, or of appeal, and costs of trial, and

costs caused by statements of frivolous or vexatious grounds of removal or appeal, to be awarded and certified by the Court; recovery of such costs.

Replaces 8 & 9 Will. 3, c. 30, s. 3, and 4 & 5 Will. 4, c. 76, s. 82. 32. Costs may be taxed by the proper officer at any time, although the Court be not

sitting.

See Regina v. Long, 1 Q. B. 740.

V. MAINTENANCE OF PAUPERS UNDER WARRANTS OF REMOVAL AND DURING APPEAL: Section 33. The cost of relief and maintenance of persons under warrant of removal

incurred from the time that notice of chargeability was sent, till the time when the warrants might lawfully be executed, to be repaid to the parish. Proviso saving the provisions in Clause 15, respecting suspended warrants.

Replaces 4 & 5 Will. 4, c. 76, s. 84.

VI. CERTIORARI:

Section 34. Certiorari taken away.

VII. SERVICE OF NOTICES:

Section 35. Notices of Removal, Appeal, &c. may be sent by Post.

VIII. GUARDIANS

VIII. GUARDIANS OF PARISHES INVESTED WITH POWERS FOR REMOVAL OF POOR PERSONS: Section 36. Boards of Guardians of single parishes may act in matters relating to the

setilement and removal of the poor.

IX. CONSTRUCTION AND LIMITATION OF THE Act:
Section 37. This Act to be construed as one Act with the Poor Law Amendment Acts.

38. Forms set forth in the Schedule to be sufficient in law in proceedings under this Act.
39. The Act limited to England.
40. The Act may be amended this Session.

SCHEDULE (A.)

Form of Order of Settlement.

SCHEDULE (B.)

Form of Admission of Settlement, &c.

SCHEDULE (C.)

Form of Warrant of Removal.

SCHEDULE (D.)

Form of Suspension of a Warrant of Removal, to be endorsed on the back of such Warrant.

SCHEDULE (E.)
Form of a permission to execute the Warrant of Removal, to be endorsed thereon, and

order of payment of expenses incurred by the suspension.

SCHEDULE (F.)

Form of Notice of Application for a Warrant of Removal.

SCHEDULE (G.)

Form of Consent of Guardians to Overseers appealing against Warrant of Removal.

[merged small][merged small][ocr errors][ocr errors][ocr errors]
[blocks in formation]

To consolidale and amend the Laws relating to the Removal

of the Poor.

[Note.—The Words printed in Italics are proposed to be inserted in

the Committee.]

W

1.

as relates to

HERÈas it is expedient that the Laws relating to the Repeals.

Removal of the Poor should be consolidated and amended; Preamble. Be it therefore Onacted, by The QUEEN's most Excellent Ma

JESTY, by and with the Advice and Consent of the Lords Spiritual and 5 Temporal, and Commons, in this present Parliament assembled, and

by the Authority of the same, THAT from and after the passing of this Repeal of so Act, so much of the following Acts of Parliament, and of all Acts to former Acts amend or continue the same, as relates to the removal of poor persons the removal

settled in England, from the parishes to which they are chargeable, of the Poor, 10 except so far as any of the said Acts may repeal the provisions of as they repeal

preceding any

former Act, shall be and the same is hereby repealed ; (namely) Acts. an Act made in the thirteenth and fourteenth years in the reign of King Charles the Second, “For the better Relief of the Poor of 13 & 14 Car. 2,

c. 12, ss. 1, ss. this Kingdom ;" an Act made in the first year of the reign of King 2,3. 15 James the Second, " For reviving and Continuance of several Acts 1Jac. 2, c. 17,

88. 2, 3. of Parliament therein mentioned;" an Act made in the third

year

of the reign of King William and Queen Mary, “ For the better 3 Will. & M. Explanation and supplying the Defects of the former Laws for the 5, 6, 7, 8, 9, Settlement of the Poor;" an Act made in the eighth and ninth years

8. & 9 Will.3, 20 in the reign of King William the Third, “ For supplying some

c. 30, ss. 1, 3, Defects in the Laws for the Relief of the Poor of this Kingdom ;" an 4, 6, 7. Act made in the ninth and tenth years of the reign of King WILLIAM 9 & 10 Will.

3, c. 11, s. 1. the Third, “For explaining an Act made the last Session of Parliament, intituled, 'An Act for supplying some Defects in the Laws for

10.

« PreviousContinue »