termination of after their year of office has expired; it is therefore enacted, that if the 11 & 12 VICT. overseers of the poor in any parish shall lawfully, by virtue of their office, c. 91. contract any debt on account of the parish within three months prior to If overseers conthe termination of their year of office, and the same shall not have been tract debts within discharged by them before their year of office shall have determined, such three months of debt shall be payable by and recoverable from their immediate successors their year of in office, and chargeable upon the poor rate of the said parish, in like office, their manner as the same would have been payable and chargeable by such immediate sucfirst-mentioned oversers during their year of office; and if any such debt discharge the shall have been contracted during their year of office, but more than same. three months prior to its termination, the same shall be payable by and recoverable from their immediate successors in office, if the ratepayers of the parish in vestry assembled, and the commissioners for administering the laws for relief of the poor in England, shall consent, but not otherwise.' cessors shall Sect. 2. "Provided nevertheless, and be it enacted, that where any pro- Provision for ceedings have been commenced or shall be hereafter carried on, for or on payment of bills of costs for legal behalf of any parish, in a court of law, regarding any matter affecting proceedings. the poor rates of such parish, it shall not be necessary that the bill of costs of the solicitor or attorney engaged therein shall be paid before the termination of the proceedings, but in any such case the amount of the bill, when duly taxed, if otherwise chargeable against the parish, shall be payable out of the poor rates within the space of one year next following the termination of the proceedings, but not afterwards, unless the commissioners aforesaid shall by their order authorize the payment of the costs and expenses attending any such proceedings by annual instalments not exceeding five, to commence from such termination." of unions and Sect. 3. "And whereas in many cases sums of money expended by Parties who officers or other persons on behalf or for the benefit of unions and have advanced parishes, without legal authority, have not been allowed by the auditors, money on behalf though the guardians of the unions and the rate-payers of the parishes parishes to be interested have been willing and desirous that such sums should be reimbursed. paid out of the funds of those unions or parishes respectively, and great loss, in consequence of such sums not being allowed, has been sustained by individuals; and it is desirable that power should be given for the relief of such persons, under certain circumstances; be it therefore enacted, that if any person, since the passing of the act of the fifth year of the reign of His late Majesty, intituled An Act for the Amend- 4 & 5 Will. 4, ment and better Administration of the Laws relating to the Poor in Eng- c. 76. land and Wales,' and before the passing of this act, have advanced or expended money on behalf and for the benefit of any union or parish, without having had due legal authority for such advance or expenditure, and the same shall not have been allowed in the accounts of the union or of the parish on behalf of which it has been expended or advanced, and the major part of the guardians of such union or parish, or the ratepayers of such parish in vestry assembled, as the case may be, shall express their consent to the reimbursement of such sum of money out of the funds of the union or parish so interested, the commissioners aforesaid may, if they think fit, by their order authorize the reimbursement of such sum of money by the guardians of the union or parish, or the overseers of the parish, as the case may require, in such manner as the said commissioners shall deem most advisable, so however that if the same be not repaid at once it shall be repaid by equal annual instalments not exceeding five; and all payments subsequently made in conformity with such order, but not otherwise, shall be allowed by the auditor in the accounts of the guardians, overseers, or other officers who shall make the payment in obedience to such order: provided always, that nothing herein contained shall apply to authorize the repayment of any sum of money which has been paid on any other account than that of the relief of the poor, or in respect of some matter chargeable upon or connected with the poor-rate.” Sect. 4. "And be it enacted, that where any appeal shall be made to Appeal against disallowances and surcharges may be determined by the 11 & 12 VICT. the said commissioners against any allowance, disallowance, or surcharge c. 91. made by any auditor in the accounts of any guardians, overseers, or their officers, it shall be lawful for the said commissioners to decide the same according to the merits of the case; and if they shall find that any disallowance or surcharge shall have been or shall be lawfully made, but that the subject-matter thereof was incurred under such circumstances as make it fair and equitable that the disallowance or surcharge should be remitted, they may, by an order under their seal, direct that the same shall be remitted, upon payment of the costs, if any, which may have been incurred by the auditor or other competent authority in the enforcing of such disallowance or surcharge." poor law board on the merits, and such disallowances, &c. may be remitted in certain cases. Mode of certify to officers. Sect. 5. "And whereas doubts exist as to the powers and duties of ing as to balances auditors in certifying the sums due from the overseers and other officers, and it is desirable to remove such doubts: be it therefore enacted, that where any overseer or officer shall be continuing in office at the time when the accounts are audited, the auditor shall certify as due such sums of money only as shall be disallowed or surcharged by him in the accounts so audited; but where the term of office of such overseer or officer shall have expired at the time when the accounts are audited, he shall ascertain the balance which he shall find to be then due on the accounts so audited, together with the sums (if any) which he shall have disallowed or surcharged, and shall give credit for all sums which shall be proved before him to have been paid in respect of such balance to the succeeding overseers or officers, or otherwise lawfully applied on behalf of the parish or union interested therein, before the date of his audit, and he shall certify, report, and recover, in the manner provided by law, the balance remaining due after such credit shall have been given; and every certificate made by any auditor, if made according to the forms set forth in the schedule hereunto annexed, or to the like effect, shall be deemed to be sufficient : provided always, that where the sum, or the aggregate of the sums, disallowed by the auditor in the account of any officer, shall not amount to forty shillings, the same may be paid over with the balance due from such officer, instead of being paid to the treasurer." Sums paid by overseers to con stables, &c., by order of justices c. 19, or 5 & 6 Vict. c. 109, not to be under 18 Geo. 3, disallowed by auditors. Notice of audit to be advertised. As to proceedings necessary to be taken against persons now liable to be surcharged by auditor, and to Sect. 6. "And be it enacted, that where any money shall have been paid by an overseer to a constable, headborough, tithingman, or other peace officer, in obedience to any authority in writing purporting to be an order of a justice made according to the provision of the act passed in the eighteenth year of the reign of His late Majesty George the Third, for the payment of the charges of constables in certain cases, or an order of justices in petty sessions assembled, purporting to be made in conformity with the provisions contained in the act of the sixth year of the reign of Her present Majesty, for the appointment and payment of parish constables, it shall not be disallowed by any auditor or other authority competent to examine, allow, and disallow the accounts of overseers, on any ground whatsoever." Sect. 7. "And be it enacted, that, in addition to the notices now required by law to be given by the auditor, he shall also give notice by advertisement in some newspaper circulating in the county wherein the union or the greater part of it, or, in the case of a parish not comprised in a union, wherein such parish shall be situated, a reasonable time prior to the holding of his audit; and the production of a copy of such newspaper shall in all courts and for all purposes be deemed sufficient evidence of the notice of the audit; and, except where a party, not being an officer bound to account to the auditor, shall be surcharged by such auditor, it shall not be necessary to prove that the audit of any accounts was adjourned, and that notice of any such adjourned audit was given." Sect. 8. "And be it enacted, that if an auditor shall see cause to surcharge any person now liable by law to be surcharged by him, and to whom no notice is now required by law to be given, with any sum of money in reference to any payment considered by him to have been illegally or improperly made, he shall, if the person be not present at such whom no notice audit, cause notice in writing of his intention to make such surcharge to 11 & 12 VICT. be given, by post or otherwise, to the person against whom he shall pro- c. 91. pose to make this surcharge, addressed to him at his last known place of abode, and shall adjourn the audit, so far as it shall relate to such parti- is required to be cular matter, for a sufficient time to allow of such person appearing before given. him, and showing cause against such surcharge, and at such time the said auditor shall hear the party, if present, and determine according to the law and justice of the case.' required to be certified by them Sect. 9. "And be it enacted, that in any proceedings to be taken by What shall be an auditor, or by his attorney, before justices, to recover sums certified by proved by him to be due, it shall be sufficient for him to produce a certificate of his auditors in order appointment under the seal of the Poor Law Commissioners, or of the to recover sums commissioners aforesaid, and to state and prove that the audit was held, to be due. that the certificate was made in the book of account of the union or parish to which the same relates, and that the sum certified to be due had not been paid to the treasurer of the guardians of the union or of the parish, as the case may require, within seven days after the same had been so certified, nor within three clear days before the laying of the information, of which nonpayment a certificate in writing purporting to be signed by the treasurer, shall be sufficient proof on the part of the auditor; and if at the hearing of such information it shall be proved that the said sum had been paid to the treasurer subsequently to the date of such last-mentioned certificate, the costs incurred by such auditor shall be paid by the party against whom the information shall be laid, unless he prove that notice of such payment had been given to the auditor twenty-four hours at least prior to the laying of the information." upon cause being Sect. 10. "And be it enacted, that the said commissioners may at any Auditor may, time, upon sufficient cause being shown to them, authorize any person, shown, appoint selected by the auditor, to act temporarily as his deputy, and shall com- a deputy. municate to the several unions and places forming his district the name of the person so appointed to act as his deputy, and such person shall thereupon be empowered to act in all respects, and with the same authorities, and subject to the same duties and liabilities, as the auditor himself is entitled or subject to." consent of Sect. 11. "And be it enacted, that where appeals are brought at the Power for same time against the poor rates of several parishes, which may appear to parishes, with involve some common principle, it shall be lawful for the overseers or vestries, mutually other authorities therein, with the consent of the respective vestries of to bear the costs of several appeals such parishes, to enter into an agreement, to be approved of by the said involving the commissioners, mutually to bear the costs which may be properly incurred same common in and about the trial of such appeals on the part of the several responprinciple. dents, as well as costs of the appellants, if any, which may be awarded against the respondents, in such proportions as shall be fixed and determined with reference to the amount of interest of the several parishes in the question, or otherwise as shall appear just; and the said agreement shall continue binding upon the several parishes and their respective overseers in succession until the several appeals shall have been finally determined." same manner 4 & 5 Will. 4, Sect. 12. "And whereas in certain parishes and unions wherein the Power for guardians of parishes, relief of the poor is administered by guardians or other competent autho- &c., under local rities under the provisions of particular statutes or local acts applicable acts, to grant outthereto, doubts have been entertained whether any poor person can be door relief, in the relieved by such guardians or other authorities out of the workhouses as in unions belonging to such parishes and unions respectively, and it is expedient to formed under remove such doubts, and to give authority for such relief out of the workhouse: be it enacted, that in all cases where the relief of the poor is administered in any parish or union under the provisions of any local act, it shall be lawful for the guardians or other competent authority administering the relief to the poor in any such parish or union, if they think fit, to administer such relief in all respects in like manner and with the like powers and authorities as any board of guardians of a union formed under Y c. 76. 11 & 12 VICT. the provisions of the act passed in the fifth year of the reign of His late c. 91. Majesty aforesaid, is now or shall hereafter be authorized to do; and all relief heretofore granted by such guardians or other authority shall, if otherwise lawfully granted, be held lawful for all purposes, although the same shall have been granted out of the workhouse of such parish or union, as the case may be, and the costs and charges thereof shall not be disallowed by any auditor, justice, or other competent authority in that behalf, on the ground that the same was granted out of the workhouse : provided always, that the cost of all such relief so given or to be given shall be charged among the parishes in the same union, in like manner and in like proportion as the relief heretofore or hereafter to be given in the workhouse of such parish or union is now or shall hereafter be chargeable." Interpretation of act. Sect. 13. "And be it enacted, that the several words used in this act shall be construed in the manner prescribed by the said hereinbefore recited act, and the acts explaining and extending it." SCHEDULE to which this Act refers. FORMS OF CERTIFICATES. 1.—Against an accounting Officer. I do hereby certify, that in the account of A. B., the [set out the name of the office] of the parish of [or of the union,] I have disallowed [or surcharged] the sum of As witness my hand, this day of 2.-Against a Person not an accounting Officer. of I do hereby certify, that in the accounts of the union [or of the parish as a payment illegally made authorized out of the funds of such union [or parish] and I find that C. D. of the same. As witness my hand, this day of M. N., Auditor of the 4 & 5 Will. 4, c. 76. Charges for the Relief of the Poor in Unions. 11 & 12 VICT. BY the 11 & 12 Vict. c. 110, intituled "An Act to alter the Provisions c. 110. relating to the Charges for the Relief of the Poor in Unions," (passed 4th September, 1848,) after reciting that by an act passed in the fifth year of the reign of King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales," provision is made for the formation of unions for the relief of the poor and for the charge for the relief of the poor belonging to the several parishes comprised therein; and that it is expedient to alter the mode in which the relief of certain poor persons is now chargeable: it is therefore enacted, "that after the thirtieth day of September next until the thirtieth day of September in the year one thousand eight hundred and forty-nine, the cost of the relief to be given to any poor person chargeable or becoming chargeable in any union formed or to be formed under the provisions of the said act, being a destitute wayfarer or wanderer or foundling, as well as the cost of the burial of the body of any such person dying within such union, shall be chargeable to the common fund of such union." Costs for relief of wandering poor, &c. to be charged to the common fund of unions. 66 c. 110. Poor persons abode or previous Sect. 2. And be it enacted, that where any poor person having a fixed 11 & 12 VICT. place of abode in a parish in any such union shall hereafter, by reason of accident, bodily casualty, or sudden illness occurring to him while in some other parish, in which he has no legal settlement, require relief, the cost having a fixed of all the relief given by lawful authority in that behalf, as well medical place of abode as otherwise, shall, if the poor person be at the time in receipt of relief, be meeting with accidents, &c. in paid or reimbursed in like manner and by the same union or parish as any some other parish other relief shall be then payable, but if he be not then in receipt of relief, where they have no legal settleit shall be paid or reimbursed, as the case may require, by the parish in ment to be rewhich such poor person shall then have his place of abode, unless by lieved by the reason of any provision of the law he would, if otherwise chargeable, have parishes of their been chargeable to the common fund of such union, in which case the chargeability. payment or reimbursement shall be made by the guardians of the union comprising such parish, and shall be charged to the common fund of the union; and it shall be lawful for the guardians of any union, if they think proper, to pay for any medical or other assistance which shall be rendered to any poor person on the happening of any accident, bodily casualty, or sudden illness, although no order shall have been given for the same by them or any of their officers, or by the overseers, and to charge the same to some one parish in the union, or to the common fund of the union, according as such parish or union would have been liable for the ordinary relief of such poor person; provided that nothing herein contained shall exempt the guardians of the union or parish, or their officers, or the overseers of the parish in which such poor person shall require relief by reason of such accident, bodily casualty, or sudden illness, from their liability to supply the requisite relief to such poor person while in such union or parish." irremovable by the 9 & 10 Vict. common fund of Sect. 3. "And be it enacted, that after the thirtieth day of September Paupers rendered next until the thirtieth day of September in the year one thousand eight hundred and forty-nine all the costs incurred in the relief, as well medical c. 66, rendered as otherwise, of any poor person, who, not being settled in the parish chargeable to the where he resides, shall, by reason of some provision of the act passed in the union. the tenth year of the reign of Her Majesty, intituled An Act to amend the Laws relating to the Removal of the Poor, be or become exempted from the liability to be removed from the parish where he resides, shall, where the said parish shall be comprised in any such union as aforesaid, be charged to the common fund of such union, so long as such person shall continue to be so exempted; and the expenses of the burial of any such person so exempted at the time of his death shall, if legally payable by the guardians of the union, likewise be charged to the said common fund." Sect. 4. "And be it enacted, that where in any such union a question Questions arising shall arise between any parishes therein, or between the guardians and as to cost of relief, &c. may be any parish or parishes therein, with reference to the charging of the cost referred to and of his relief, as to whether any pauper be so exempted as aforesaid, the decided by the parties may jointly submit such question to the commissioners for ad- poor law board; ministering the laws for the relief of the poor in England, who may thereupon, if they think proper, entertain such question, and by an order under their seal determine the same; but no such order shall be liable to whose orders be removed, by writ of certiorari or otherwise, into the Court of Queen's shall not be reBench, after the expiration of the term next ensuing the time when the certain time, nor copy thereof shall have been sent to the guardians, nor shall the same be be quashed for quashed for any defect of form therein; and every such order not rescinded or quashed shall be in all courts and for all purposes final and conclusive between the guardians and every parish in the union interested in the matter." movable after a want of form. gration of certain Sect. 5. "And be it enacted, that the guardians of any union or Guardians may parish may, with the order of the said commissioners and in conformity assist in the emiwith such regulations as they shall make, procure, or assist in procuring, poor, and charge the emigration of any poor person rendered irremovable by virtue of the the cost upon the provisions of the said last-mentioned act, and chargeable, or who would, common fund of if relieved, be chargeable upon the common fund of such union, or in the parish in case of the union, or |