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Control over the Maintenance of poor Persons in
[11th May 1849.]
maintained under Contracts or Agreements for certain · Payments in Houses and Establishments not being the • Workhouses of any Union or Parish, nor subject to the effec* tive Control of any Guardians or Overseers or other parochial ' Authorities, and no sufficient Powers are vested in any Autho‘rity to regulate the Houses or Establishments wherein such • Persons are lodged and maintained, and it is expedient that
such Powers should be given :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful for the Commissioners for admi- The Poor Law nistering the Laws for Relief of the Poor in England, and they Board to issue are hereby required, from Time to Time as they shall see gulations to Occasion, to make and issue all such Rules, Orders, and Regu- Houses where lations for the Management and Government of any House or the Poor are Establishment wherein any poor Person shall be lodged, boarded, under
Contract. or maintained, for Hire or Remuneration, under any Contract or Agreement entered into by the Proprietor, Manager, or Superintendent of such House or Establishment, or on his Behalf, with any Guardians, Overseers, or other Persons having the ordering or Management of the Poor in any Union or Parish, or for the Education of any poor Children therein, in like Manner and to the same Extent as the said Commissioners are by Law empowered to do in the Case of any Workhouse belonging to any Union or Parish; and all such Rules, Orders, and Regulations shall have the like Effect as other Rules, Orders, and Regulations of the said Commissioners, and shall be obeyed accordingly, with the like Penalties on any Neglect or Disobedience thereof, to be enforced upon summary Conviction, as Penalties under the Act of the Fifth Year of His late Majesty King William the Fourth, intituled An Act for the Amendment 4 & 5 W.4.c.76. and better Administration of the Laws relating to the Poor in England and Wales, may now be enforced.
II. Provided nevertheless, and be it enacted, That nothing Nothing herein herein contained shall extend to any County Lunatic Asylum or to extend to Hospital registered or House licensed for the Reception of lums and Hos. Lunatics, nor to any Hospital, Infirmary, School, or other pitals. Institution supported by public Subscriptions, and maintained for Purposes of Charity only.
III. And be it enacted, That the said Commissioners may gulations to be direct their Rules, Orders, and Regulations to any Person being Manager or or acting as the Proprietor, Manager, or Superintendent, or as Officer of the
Rules and Re
an Officer or Assistant, in any such House or Establishment as aforesaid, and the same shall come into operation so soon as the said Commissioners shall therein declare, and shall be binding upon the Person named therein, and, if they shall so direct, upon every Person who shall afterwards succeed to him in the
same Capacity. Poor Law
IV. And be it enacted, That the said Commissioners shall be Board may pro- empowered, if at any Time they shall see just Cause, to prohibit, hibit the Re
by Order under their Seal, the Reception or Retention of any ception or Retention of
poor Person, or any Class of poor Persons, in any such House Poor in any
or Establishment, and thereupon it shall not be lawful for any such House.
such Proprietor, Manager, or Superintendent, or other Officer or Assistant, to receive
or retain any poor Person therein, contrary to the Terms of such Order, so long as it shall be in force, nor for any Guardians, Overseers, or other such Persons as aforesaid to send any poor Person to such House or Establishment, contrary to such Order, provided that no such Guardians, Overseers, or other such Persons as aforesaid, nor any Officer of any Union or Parish, shall incur any legal Responsibility in respect of the Neglect of such Order, until a Copy thereof shall have been sent to the Guardians of the Union or Parish, or to the Overseers of the Parish, or other such Persons as aforesaid, in the Manner in which Orders of the said Commissioners are
now sent to Guardians or Overseers. Poor Law V. And be it enacted, That the said Commissioners may, by Board may
Order under their Seal, remove from his Office or Service any remove Officer of such Officer, Servant, or Assistant in any such House or EstablishHouse.
ment whom they shall deem unfit or incompetent to discharge the Duties of his Situation, or who shall at any Time refuse or wilfully neglect to obey and carry into effect any of the Rules, Orders, or Regulations issued by the said Commissioners under their Seal for the Regulation of such House or Establishment, or of the Officers or Inmates thereof; and thereupon such Officer, Servant, or Assistant shall forthwith cease to act in his Office, Service, or Employment, and shall be entitled to claim and recover a rateable Proportion of his Salary, Wages, or other Remuneration up to the Time of his being so removed, but no more, from the Person liable to pay the same, subject to any Defence at Law which may then be open to the Person from
whom the same shall be claimed. Poor Law
VI. And be it enacted, That the said Commissioners may
from Time to Time issue any Order which they may deem regulate Con
necessary for regulating the Mode in which any Contract shall be entered into for the lodging, boarding, or Maintenance of any poor Person, with the Proprietor, Manager, or Superintendent of such House or Establishment as aforesaid, or the Terms or the Duration of any such Contract, and if after the issuing of any such Order any Contract or Agreement be entered into with such Proprietor, Manager, or Superintendent, or any Person on his Behalf, not in accordance with such Order, the same shall be voidable, and, if the said Commissioners shall so direct, the same shall be void and of no Effect; and all Payments made under
or in pursuance of any Contract or Agreement not made and entered into in conformity with such Order as aforesaid, at any Time after the said Commissioners shall have declared the same to be void as aforesaid, and shall have given Notice of such Declaration to the Guardians, Overseers, or other such Persons as aforesaid, shall be disallowed in the passing and auditing of their Accounts, or the Accounts of any of their Officers by whom such Payments shall have been made or charged.
VII, And be it enacted, That the said Commissioners may, Persons may be if they think fit, appoint a Person either temporarily or per- appointed to manently to visit any such House or Establishment, and to and the Poor inspect the same, and the poor Persons received and maintained maintained therein, and to make a Report to such Commissioners upon any
therein. Visit and Inspection; and such Person shall be paid by the Remuneration Guardians or Overseers, as the Case may be, of the several to such Persons. Unions or Parishes from which poor Persons shall have been sent, and shall be at the Time of such Visitation maintained therein, such Remuneration as the said Commissioners shall by Order under their Seal direct.
VIII. And be it enacted, That it shall be lawful for any Power to JusJustice of the Peace acting in and for the Jurisdiction in which tices to visit
Houses. such House or Establishment shall be situated to visit, inspect, and examine the same, at such Times as he shall think proper, for the like Purpose and with the same Power as any Justice has now by virtue of the Act herein-before mentioned of the Fifth Year of His late Majesty in respect of the Workhouse of any Union or Parish; and it shall be lawful for the General Power to Board of Health, where they shall think proper, by_Order General, Board under the Seal of the said Board and the Hands of any Two or appoint a Sumore Members thereof, to authorize a Superintending Inspector perintending to visit and inspect from Time to Time, or at such Time or Inspector to
, Times as such Board shall direct, any such House or Establish- and examine ment, and to ascertain the State and Condition of the same, and Oficers, &c. of the poor People therein, and to report thereon to the Board ; and it shall be lawful for such Superintending Inspector accordingly so to visit and inspect, and to ascertain such State and Condition, and to examine any Officer, Servant, Assistant, or Inmate of such House or Establishment in relation thereto; and the Powers and Provisions of the Public Health Act, 1848, in relation to the Examination of Persons for the Purposes of an Inquiry under such Act by a Superintending Inspector, shall extend and be applicable to the Examination of such Officers, Servants, Assistants, and Inmates.
IX. And be it enacted, That the several Words used in this Interpretation Act shall be construed in the same Manner as in the said Act of Act. of the Fifth Year of His late Majesty, and the Statutes explaining and amending it, and all the Provisions, Enactments, and Regulations contained in the said Act and the said subsequent Statutes shall be extended to this Act, so far as the enme may be applicable, and subject to the Provisions herein contained.
To apply to England and Wales only. Act may be amended, &c.
X. And be it enacted, That this Act shall extend only to England and Wales.
XI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session.
Poor Rate or
of the Highways to recover the Costs of distraining
[11th May 1849.] 43 Eliz. c. 2. WI
VHEREAS Provision is already made by Law for the 5&6W.4. c.50. Recovery of the Sum or Sums at which'any Person is
rated or assessed to the Relief of the Poor, or is rated or
assessed in any Rate for the Highways, in England or Wales, " by Distress and Sale of his Goods and Chattels, and in default
of such Distress by Commitment to Prison until the same • shall be paid; but no Provision is made for levying the Costs
and Expenses incurred by the Overseers of the Poor or the · Surveyors of Highways in the Recovery of the same respec
tively:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present ParliaWhere a War- ment assembled, and by the Authority of the same, That it shall rant of Distress be lawful hereafter for all Justices of the Peace, if in their is granted for a
Discretion they shall so think fit, in any Warrant of Distress Ilighway Rate, they shall make and issue for the levying of any Sum or Sums &c. the Costs of to which any Person or Persons is or are now or may hereafter obtaining it
be rated or assessed in or by any Rate or Assessment for the may also be
Relief of the Poor or for the Highways in England or Walcs, or in or by any other Rate or Assessment which by Law now or hereafter is or shall be directed to be enforced or recovered in the same Manner as a Poor Rate, or in any Warrant for the levying of any Arrears of the same, to order that a Sum, such as they may deem reasonable, for the Costs and Expenses which such Overseers or Surveyors, or the Persons applying for such Warrant, shall have incurred in obtaining the same, shall also be levied of the Goods and Chattels of the Person or Persons against whom such Warrant shall be granted, together with the reasonable Charges of the taking, keeping, and selling of the said
Distress. Imprisonment II. · And whereas by an Act passed in the Forty-third Year
of the Reign of Queen Elizabeth, intituled An Act for the Distress. 43 Eliz. c. 2.
Relief of the Poor, it is amongst other things enacted, that in "default of Distress for a Poor Rate it shall be lawful for Two • Justices of the Peace to commit the Party against whom the « Distress Warrant shall have issued to the Common Gaol of ( the County, there to remain without Bail or Mainprize until • Payment: And whereas it is desirable to limit the Time within · which a Person assessed to a Poor Rate, or any other of the * Rates or Assessments aforesaid, may be imprisoned for Nonpayment of the same:' Be it therefore enacted, That so much
in default of
of the said recited Act as relates to the Commitment of any So much of Person to the County Gaol for Nonpayment of any Poor Rate, 43 Eliz. c. 2. as or for Default of Distress whereon to levy the same, shall be mitments for and the same is hereby repealed; and every Person now un- Nonpayment of dergoing any such Imprisonment under or by virtue of the said Rates, or for
Default of Dis. recited Act shall be discharged from such Imprisonment so soon
tress, repealed. as he or she shall have been imprisoned Three Calendar Months, or shall sooner pay the Sum or Sums with which he or she is charged; and that hereafter, when to any warrant of Distress Power to order for the levying of any Sum or Sums to which any Person or Imprisonment Persons is' or are now or may hereafter be rated or assessed Three Months in or by any Rate or Assessment herein-before mentioned it in default of shall be returned by the Constable or Person having the Exe- Distress. cution of such Warrant that he could find no Goods or Chattels, or no sufficient Goods or Chattels, whereon to levy such Sum or Sums, together with the Costs of or occasioned by the levying of the same, it shall be lawful for any Two or more Justices of the Peace before whom the same shall be returned, or for any Two or more Justices of the Peace for the same County, Riding, Division, Liberty, City, Borough, or Place, if in their Discretion they shall so think fit, to issue their Warrant of Commitment against the Person with relation to whom such Return shall be so made as aforesaid, in the Form (D.) in the Schedule to this Act annexed, or in any Form to the like Effect, and thereby order such Person to be imprisoned in the Common Gaol or House of Correction for any Time not exceeding Three Calendar Months, unless the Sum or Sums therein mentioned shall be sooner paid; and every such Warrant of Commitment made or issued for Default of Distress as aforesaid shall be made as well for the Nonpayment of the
Costs and Expenses so as aforesaid incurred in obtaining such Warrant of Distress, if the same shall be so ordered as aforesaid, and the Costs attending the said Distress, and also the Costs and Charges of taking and conveying the Party to Prison, (the Amount of such several Costs, Expenses, and Charges being stated in such Warrant of Commitment,) as for the Nonpayment of the Sum or Sums alleged to be due for the said Rates respectively.
III. And be it enacted, That for the saving of Expense in One Warrant the levying of any Sum or Sums for Rate and Costs, as afore- may be issued said it shall be lawful to make and issue One Warrant of Distress Rate-payers; against any Number of Persons neglecting or refusing to pay the same, in the Form in the Schedule to this Act annexed; but nothing herein shall be deemed or construed to authorize but otherwise Justices in like Manner to grant or issue One Warrant of as to a Com. Commitment against several Persons in default of Distress as fault of Distress. aforesaid.
IV. And be it enacted, That the Warrants aforesaid may be To whom Wardirected to the Churchwardens and Overseers of the Poor, or
rants of Distress the Overseers of the Poor, or the Surveyors of the Highways ment to be
or. Commitrespectively, and to the Constable of the Parish or Township, and directed. to any other Person or Persons, or to any One or more of them, as by the Justices granting the same shall be deemed fit.