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Husband, father or mother, running away, and leaving a wife or children chargeable, his or her goods and annual profits of lands, or a sufficient portion thereof, may be seized under the warrant or order of two justices; and such warrant or order being confirmed by the sessions, the goods may be sold and the rents received, for the discharge of the parish, and for the providing for the wife, &c. (z). See the form of the warrant or order, infra (4). (z) 5 Geo. I. c. 8. See Stable v. Dixon, 6 East. 163. ii, 22.

Or if they be pensioners in the navy or army, the two justices may order payment of their pensions to the overseers (a). See the form of the order, infra (5).

(a) 59 Geo. 3. c. 12. s. 31.

County of

to wit.

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(4) Order.

To the Churchwardens and Overseers of the Poor of the Parish of in the said County. Whereas it appears unto us, whose names are hereunto set and seals affixed, two of his majesty's justices of the peace for the said county, as well upon the complaint and application of the churchwardens and overseers of the poor of the parish of — aforesaid, in the county aforesaid, as upon due proof upon oath before us made, that A. B., late of the parish of aforesaid, in the county aforesaid, yeoman, hath gone away from his place of abode at in the parish aforesaid, into some other county or place, and hath left his wife and their children, upon the charge of the parish of aforesaid, the place of their last legal settlement, and that the said A. B. hath some estate, whereby to ease the said parish of their said charge, in

and

whole or in part; we do hereby
authorize and command you, the
said churchwardens and overseers
of the poor of the parish of
aforesaid, to take and seize
and
of the goods
and chattels of the said A. B., and
to receive so much [specifying the
sum] of the annual rents and profits
of the lands and tenements of him,
the said A. B., at
for and towards the discharge of
the said parish, for the providing
for his said wife, and bringing up
and maintaining of his said chil-
dren; and with this warrant you
are to appear at the next quarter
sessions of the peace, to be holden
for the said county, and certify
then and there what you shall have
done in the execution hereof.

aforesaid,

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(5) Order.

1. P. (L. S.) L.M. (L. S.)

County of To the Commissioners overseers of the poor of the parish for the Affairs of the of to wit. Royal Hospital of Chelsea [or Greenwich, or the Secretary of the Board of Ordnance, as the case may be].

Whereas complaint on oath hath been made before us, two of his majesty's justices of the peace, acting in and for the county of -, by the churchwardens and

in the said county of that A. B., late of hath deserted his wife and family, whereby they have become chargeable to the said parish of

And whereas it duly appears unto us, that the said A. B. is entitled to receive of and from a certain annual allowance or pension, amounting to, and that në

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How relieved.] The overseers shall set to work the children of persons who are not able to maintain them, and all persons having no means to maintain themselves and using no ordinary and daily trade to get their living by ; and they shall relieve the lame, impotent, old, blind, and such of the poor as are not able to work (b). And if the poor, so ordered to work, will not do so, they may be committed to the house of correction (c).

(b) 43 Eliz. c. 2. s. 1. See R. v. Collett, 2 B. & C. 324. ii. 26. R. v. Woodsterton, 2 Barnard. 207. 247. ii. 27. R. v. Colbitch, 1 Barnard. 46. ii. 28.

(c) 43 Eliz. c. 2. s. 4.

Overseers, with the consent of justices, may set up trades, &c. for the purpose of setting the poor to work (d).

(d) 3 C. 1, c. 4. s. 22.

Parishes may purchase or hire land (not exceeding twenty acres), for the employment of paupers (e), or for the purpose of letting it in portions to the poor (ƒ).

(e) 59 Geo. 3. c. 12. s. 12. and see s. 24, 25.

(f) 59 Geo. 3. c. 12. s. 13.

Overseers, with the consent in writing of the lord of the manor, may build dwellings for them on the waste (g).

(g) 43 Eliz. c. 2. s. 5. See 59 Geo. 3. c. 12. s. 24.

Workhouses may be Regulations thereof (i). If paupers refuse to go

purchased, hired or built (h). Contracts to supply them (k). into the workhouse, the over

(h) 9 Geo. 1. c. 7. s. 4. 45 Geo. 3. c. 54. 59 Geo. 3. c. 12. s. 8--13. See 1 & 2 Geo. 4. c. 56. And see 13 & 14 C. 2. c. 12. s. 4, &c.

(i) 22 Geo. 3. c. 83. s. 34. and Sch. 49 Geo. 3. c. 124. s. 5, 50 Geo 3. c 50. See 54 Geo. 3. c. 170. s. 7. 55 Geo. 3. c. 137. s. 5. 56 Geo. 3. c. 129. s. 2.

(k) 55 Geo, 3. c. 137. s. 6. 7. 22 Geo. 3. c. 83. s.

assignment of the said pension hath been made by the said A. B. to the said churchwardens and overseers for the support and maintenance of the wife and family of the said A. B. Now we, I. P. and L. M., the justices aforesaid, do hereby, in pursuance of the statute in that case made and provided, order and direct that the next payment of the said pension or allowance, due to the said A. B., shall be paid by you the said commissioners, &c. [as the case may be,] to the churchwardens and overseers of the poor of the said parish of, or to

42.

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seers may refuse them relief (1), unless in certain cases, at their own houses (m). See Index, tit. " Workhouse."

(1) 9 Geo. I. c 7. s. 4. See 22 Gen. 3. c. 83. s. 29. 32. R. v. Carlisle, Cald. 76. cit. 3 T. R. 638. ii. 29. R. v. Winship and Greenwell, Cald. 72, 5 Burr. 2677. ii. 30. R. v. Haigh and another, 3 T. R. 637. ii. 31. R. v. Keer and Rich. 5 T. R. 159. ii. 32. R. v. North Shields, I Doug. 331. ii. 33. (m) 36 Geo.3. c. 23. 55 Geo. 3. c. 137. s. 3. 4.

The overseers may relieve in certain cases of extravagance, neglect or wilful misconduct, by way of loan (n).

(n) 59 Geo. 3. c. 12. s. 29,

The overseers may contract with others for the management of the poor (0).

(0) 9 Geo. I. c. 7. s. 4. R. v. Beeston, 3 T. R. 592. ii. 34. 45 Geo. 3c. 54. 50 Geu. 3. c. 50. s. 2. See 22 Geo. 3. c. 83. And see the form of this contract, infra (6).

And two or more parishes may form themselves into incorporated societies, for the maintenance of the poor (p).

(P) Gen. 3. c, 83. 33 Gen. 3. c. 35. 36 Geo. 3. c. 10. 41 Geo. 3. c. 9. 42 Geo. 3. c. 74. 43 Geo. 3. c. 110. 52 Geo. 3. c. 73. 59 Geo. 3. c. 12. s. 27. 1 & 2 Geo. 4. c. 56.

As to the maintenance of prisoners, see ante, p. 4.

(6) Contract.

At a public meeting of the inhabitants of the parish of , in the county of -, for that purpose assembled, upon usual notice thereof first given: it is contracted, by and with the consent of the major part of the said inhabitants so assembled as aforesaid, between A. B. and C. D., churchwardens, and E. F. and G. H., overseers of the poor of the said parish, of the one part, and A. M. of -, in the said parish, yeoman, of the other part: that he, the said A. M., shall and will, during the space of one whole year, to commence from

next ensuing, at his own proper costs and charges, in the house in which he now dwelleth, find, provide, and allow unto all such poor people as shall be lawfully entitled to relief and maintenance from the said parish, and shall be brought unto him by the churchwardens or overseers of the poor aforesaid, or any of them, or by their or any of their successors for the time being, sufficient lodging, meat, drink, clothing, employment, and other things necessary

for their keeping and maintenance; and that, in consideration thereof, the said churchwardens and overseers of the poor, and their successors respectively, hall pay, or cause to be paid, to the said A. M., the sum of

in equal proportions. The said A. M. to have moreover and take unto himself the benefit of the said poor people's work, labour, and service, during the said term. In witness whereof the parties to these presents have hereunto set their hands, the -— day of Lord

in the year of our

If two parishes or townships shall join in such contract, it will be necessary to insert in it the consent of the justice of peace; as thus:-"by and with the consent of the major part of the said inhabitants so assembled as aforesaid, and also by and with the consent of J. P. Esquire, one of his majesty's justices of the peace for the said county, dwelling in the said parish of "near to the said parishes or townships of —

" [or,

Justices at sessions may order materials to be purchased, for the purpose of setting poor prisoners to work (q).

(g) 19 Car. 2. c. 4.

As to select vestries, see 59 Geo. 3. c. 12. As to parish vestries, see 58 Geo. 3, c. 69.

c. 85 (r).

59 Geo. 3.

(r) And see Wilson v. M'Math, 3 B. & A. 241. ii. 35. R. v. Woodman and others, 4 B. & A. 507. ii. 36.

Order of relief] No person shall be relieved, whose name is not in a list to be made by the parishioners in vestry, unless by order of justices of peace (s); nor by order, until oath first made (t). The order must be made by two justices, except in cases of emergency (u).

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(8) Warrant thereon to summon the Overseer. County of To the constables of -, in the Parish to wit. of in the said County, and to every of them. Whereas A. B., of your parish, hath this day made oath before me

-, one of his majesty's justices of the peace in and for the said county, that he, the said A. B., is very poor and impotent, and not able to provide for himself and his family; and that he the said A. B., did, on last, apply to the parishioners of your said parish at a vestry [or other public] meeting [or, to A. B. and C. D, two of the overseers of the poor of the said parish, or, to the select vestry of

in

A. B.

of

the said parish,] and was by them
refused to be relieved; these are,
therefore, to require you, in his
said majesty's name, to summon
two of the overseers of the
the said parish to appear before me
poor
on
next, at the house of
in the said
county, at the hour of, in the
forenoon of the same day, to show
cause why relief should not be
given to the said A. B. And be
you then there with this precept,
to certify what you shall have done
in the execution hereof.
Given under my hand and seal,
day of-
in the

the

year

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There is no appeal against it (v).

(v) R. v. North Shields, Doug. 331. ii. 33. R. v. JJ. of Devon, 4 M. & S. 421. ii. 42,

If the overseer disobey it, he may be indicted.

See Index, tit. "Relief."

2. REMOVAL OF THE POOR.

In what cases.] If "poor people" come "from one parish to another," " and "endeavour to settle themselves" in the latter parish (w), "in any tenement under the yearly value of 107.," two justices "of the division where any [such] persons shall come to inhabit," may [if such persons become actually chargeable (x)], by their warrant, cause them to be removed and conveyed to the

(w) See R. v. St. James's in Bury St. Edmonds, 10 East, 25. ii. 59. R. v. St. Lawrence Ludlow, 4 B. & A. 660. ii. 43. R. v. Birmingham, 14 East, 251. ii. 44. R. v. Graffham, Set. & Rem. 16. ii. 45.

(x) 35 Geo. 3. c. 101. a. 1. See R. v. Ampthill, 2 B. & C. 847. ii. 46. R. v. Kingswood, Burr. S. C. 392, ii. 47. R. v. Hayder, 2 Bott, 566. i. 48. R. v. Witham super montem, I Str. 142, ii. 49, and see 8 & 9 W. 3. c. 30, s. 1.

County of

to wit.

(9) Order of Relief.

To the Churchwardens and Overseers of the Poor of the Parish of in the said County. Whereas A. B., of the parish of -, in the said county, hath made oath before us, [or, in a case of emergent and urgent distress, before me,] his majesty's justices of the peace for the said county, that he, the said A. B., is very poor and impotent, and not able to work, and that the said A. B. did, last, apply for relief to the parishioners of the said parish at a vestry [or, public] meeting, [or, to A. B. and C. D., two of the overseers of the poor of the said parish, or, to the select vestry of the said parish,] and was by them refused to be relieved.

on

of

And whereas two of the overseers of the poor of the said parish have been duly summoned by us, [or, me,] to shew cause why relief should not be given to the said A. B., and have appeared before us, [or, me,] in pursuance of such summons, but have not, nor hath

either of them, shown any sufficient cause why such relief should not be given as aforesaid, [or, have made default to appear before us, or me, according to the said summons].

And whereas [stating the special cause of granting relief:] we, [or, 1,] do therefore order the churchwardens and overseers of the poor of the said parish, or such of them to whom these presents shall come, to pay unto the said A. B. the sum of. weekly and every week, for and towards his support and maintenance, for one month from the day of the date hereof, [or, in a case of emergency, for fourteen days, or, till the next petty sessious, to be holden at if the parish be under contract for lodging, keeping, and maintaining their poor, for three months from the day of the date hereof, unless sooner discontinued by our order.]

- or,

Given under our hands and seals, [or, under my hand and seal,] this day of -, in the year of our Lord one thousand eight hundred and

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