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 inspect Houses 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 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. therein. Houses. of Health to visit Houses, 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 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 Officers, &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 same may be applicable, and subject to the Provisions herein contained. X. And To apply to Act may be amended, &c. 43 Eliz. c. 2. 5 & 6 W. 4. c. 50. Where a War rant of Distress is granted for a Poor Rate or Highway Rate, &c. the Costs of obtaining it may also be levied. Imprisonment in default of Distress. 43 Eliz. c. 2. X. And be it enacted, That this Act shall extend only to XI. And be it enacted, That this Act may be amended or CAP. XIV. An Act to enable Overseers of the Poor and Surveyors II. And whereas by an Act passed in the Forty-third Year of the Reign of Queen Elizabeth, intituled An Act for the 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 of relates to Com Default of Dis tress, repealed. not exceeding Three Months 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 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 recited Act shall be discharged from such Imprisonment so soon 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 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 several 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 ComCommitment against several Persons in default of Distress as fault of Distress. aforesaid. mitment in de or.Commit 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 respectively, 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. Summons, and how served; if not obeyed, the Justices may proceed ex parte. On Payment or Tender of Rate and Costs Proceedings to cease. Costs already recovered or proceeded for deemed legal. V. And be it enacted, That every Summons to be issued against any Person for Nonpayment of any Sum for which he or she is or shall be so rated or assessed as aforesaid shall be directed to such Person, and may be in the Form (B.) in the Schedule to this Act annexed, or in any Form to the like Effect; and the same may be served by any Churchwarden or Overseer of the Poor, or Surveyor of the Highways, respectively, or Constable or other Person to whom it shall be delivered for that Purpose, upon the Person to whom it is so directed, by delivering the same to the Party personally or by leaving the same with some Person for him or her at his or her last Place of Abode; and the Person who shall serve the same in manner aforesaid shall attend at the Time and Place and before the Justices in the said Summons mentioned, to depose if necessary to the Service of the said Summons; and if, upon the Day and at the Place appointed in and by the said Summons for the Appearance of the Party so summoned, such Party shall fail to appear accordingly in obedience to such Summons, then and in every such Case, if it be proved upon Oath or Affirmation to the Justices then present that such Summons was duly served as aforesaid a reasonable Time before the Time so appointed for his or her Appearance as aforesaid, it shall be lawful for such Justices of the Peace in their Discretion, if they shall so think fit, to proceed ex parte, in the same Manner to all Intents and Purposes as if such Party had personally appeared before them in obedience to the said Summons. VI. And be it enacted, That in all Cases where any Proceedings have been or shall hereafter be taken to compel Payment of any Sum for which any such Person is or shall be so rated or assessed as aforesaid, if at any Time before such Person shall be committed to and lodged in Prison for Nonpayment thereof, or for or by reason of its being returned to such Warrant of Distress as aforesaid that there are no Goods or Chattels or no sufficient Goods or Chattels of such Person whereon the same may be levied as aforesaid, such Person shall pay or tender to the Churchwardens or Overseers of the Poor, or any of them, or to the Surveyor of Highways respectively, or other Person authorized to collect or receive such Rate, the Sum so sought to be recovered, together with the Amount of all Costs and Expenses up to that Time incurred in the Proceedings so taken to compel Payment thereof as aforesaid, then and in every such Case the Person to whom such Sum and Costs shall be so paid or tendered shall receive the same, and thereupon no further Proceedings for the Recovery of the same shall be had or taken. VII. And be it enacted, That in all Cases where such Costs and Expenses as aforesaid shall have been paid and received, or any Proceedings taken or Imprisonment had for Nonpayment of the same, such Payment and Receipt, and such Proceedings or Imprisonment, shall be deemed legal to all Intents and Purposes, and no Action or other Proceeding shall be had or proceeded in for or in respect of the same. VIII. And VIII. And whereas it may be convenient, and save Expense Forms in Sche⚫ and Litigation, if Forms to be used for the Purpose of levying dule valid. the Sums aforesaid should be given:' Be it enacted, That the Forms in the Schedule to this Act contained, or Forms to the same or the like Effect, shall be deemed good, valid, and sufficient in Law. IX. ment of Church And whereas it is desirable to limit the Time within Imprisonment which a Person assessed to a Church Rate may be imprisoned for Nonpayfor Nonpayment of the same:' Be it enacted, That every Rate limited. Person now undergoing any such Imprisonment shall be discharged from such Imprisonment so soon 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 no Person shall be imprisoned for the Nonpayment of any Church Rate for any Time exceeding Three Calendar Months. SCHEDULE. Complaint of the Overseers or Surveyors against One Rate-payer. to wit. BE it remembered, That on the in the Year of our Lord Day of the [Churchwardens and Overseers of the Poor, or the Surveyors of the Highways] of the Parish of in the County of aforesaid, by C.D., One of the said [Overseers or Surveyors], complain to the undersigned, [One] of Her Majesty's Justices of the Peace in and for the said [County] that A.B. of the said [Parish], being a Person duly rated and assessed to [the Relief of the Poor, or the Maintenance of the Highways] of the said Parish, in and by a Rate made on the Day of in the Year in the Sum of hath not paid the same any Part thereof, but hath refused so to do: Wherefore the said [Churchwardens and Overseers or Surveyors], by C.D. aforesaid, pray that the said A.B. may be summoned to appear before Two of Her Majesty's Justices of the Peace, to show Cause why he hath not paid and refuses to pay the said Sum. or C.D. and on and of |