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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 :
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.
to be removed to the parishes of their settlement.
Restrictions on Removal :
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
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.
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
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:
grounds of their appeal. Appeal to be respited only on affidavit of special cir-
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.
places 4 & 5 Will. 4, c. 76, s. 8o.
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
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.
Section 34. Certiorari taken away.
VII. SERVICE OF NOTICES:
Section 35. Notices of Removal, Appeal, &c. may be sent by Post.
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:
38. Forms set forth in the Schedule to be sufficient in law in proceedings under this Act.
Form of Order of Settlement.
Form of Admission of Settlement, &c.
Form of Warrant of Removal.
Form of Suspension of a Warrant of Removal, to be endorsed on the back of such Warrant.
order of payment of expenses incurred by the suspension.
Form of Notice of Application for a Warrant of Removal.
Form of Consent of Guardians to Overseers appealing against Warrant of Removal.
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
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
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
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