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act, 908.

PRECEDENTS- continued.

111. Forms relating to the Relief and Ordering of the Poor-continued.
103. Agreement for uniting the parishes (or townships as the case may be) of

for the purpose of providing a house or houses, and
for the better maintaining and employing their poor, pursuant to Gilbert's
104. The entry to be made by the clerk of the peace or town clerk, 909.
105. Notice of the meeting to consult as to providing for the poor, ib.
106. Appointment of a guardian of the poor,

107. Appointment of a visitor of the poor, ib.
108. Appointment of a governor of the poor, 910.
109. Appointment of a treasurer of the poor, ib.
110. Draft by the guardian on the churchwardens and overseers appointed to

collect the poor's rates, ib.
111. Appointment of a depu:y visitor and assistant, ib.
112. Certificate of serving the office of visitor to the poor, ib.
113. Security for money borrowed for purchasing lands, &c., for the employment

of the poor, ib., 911.
114. Transfer of the security for the money advanced, ib.
115. Workhouse governor's appointment, ib.
116. Order for the admission of a pauper into the poorhouse, ib.
117. Justice's direction to excuse poor person wearing the badge, ib.
118. Commitment of a pauper maintained in a workhouse, for disorderly con-

duct, 912.
119. Commitment of a person for misbehaviour in a workhouse, ib.
IV. Forms relating to OverseersAccounts, &c.
120. Account A, rates and whether recorded or not, 913.
121. Account B, rates of four years, ib.
122. Account C, statement of receipts, ib.
123. Account D, statement of gift monies, ib.
124. Account E, statement of disbursements, ib.
125. Account F, a total account, ib.
126. Account book of relief of out-door poor, 914.
1260. Account book of workhouse poor, ib.
127. Work house book, 915.
128. Notice requiring churchwardens, &c., in London, to return lists of poor

children, &c., ib.
129. Overseers' account of infant poor, 916.
130. Requisition for return to be made, 920.
131. Allowance of overseer's account, under 50 Geo. III. c. 49, 920, n. (a)
132. Summons to overseers of the poor to verify and pass their accounts, ib.
133. Information against an overseer, for refusing to account, ib., n. (b)
134. Commitment of an overseer for neglecting to account, 921.
135. Warrant of distress for balance found due from late overseers, ib.
136. Notice of appeal against allowance of overseers' accounts, 922, n. (a)
137. Petition for hearing and other proceedings, on last two notices of appeal, 922.
138. Declaration against an overseer for penalties, for selling goods to workhouse,

on 55 Geo. 111. c. 137, s. 6, ib.
V. Forms relating to Settlements.
139. Order of two justices upon churchwardens and overseers of parish where

bastard was born, for maintenance of such child in another parish where

mother resided, 923, n. («) (c)
140, Indorsement on order of removal of a mother, ordering parish from which

mother is to be removed, and where her bastard was born, to pay to
officers of parish to which she is removed, so much per week for support

of child, ib., 924, n.
141. Prescribed form of indenture of binding apprentice to a chimney-sweeper,

142. Prescribed form of approbation thereof by justices, ib.
143. Prescribed form, in parish indenture, of persons to be added to the covenant

for maintenance, in case of death of master, ib.
144. Prescribed form, in parish indenture, of order of two justices, directing a

parish apprentice to continue with widow of master, ib.
145, Prescribed form of like order by a separate instrument, ib.

V. Forms relating to Settlements--continued.
146. Prescribed form of assignment of a parish apprentice, with consent of two

justices by indorsement on the indenture or counterpart, 924.
147. Prescribed form of like assignment by a separate instrument, ib.
148. Prescribed form of register of every apprentice, to be kept by overseers,

149. Prescribed form of conviction, ib.
150. Assignment of apprentice, ib.
151. Justices' order to bind a poor apprentice within forty miles, under 56 Geo.

III. c. 139, ib.
152. Indenture of apprentice, 926.
153. Justices' order for binding apprentice at upwards of forty miles' distance,

154, Churchwardens' and overseers' certificate of settlement of a person in their

parish, 928.
155. Justices' allowance thereof, usually printed and signed at the foot of

acknowledgment, 929.
156. Another and a better form of certificate of settlement, ib.
VI. Forms relating to Removals.
157. Form of a pass of a vagrant to his settlement, &c., under 17 Geo. II. c.5,

s. 7, as prescribed by that act, ib.
158. Justices' certificate thereon, ib.
159. Vagrant pass to Scotland, ib.
160. The like on 59 Geo. III. c. 12, s. 33, as given in former editions, 930.
161. The like in a more modern form, ib.
162. Examination of an Irish pauper, in order to his removal, under 59 Geo.

III. c. 12, ib.
163. Form of vagrant pass to Ireland, under 17 Geo. II. c. 5, s. 7, ib.
164. The like under 59 Geo. III. c. 12, s. 33, ib.
165. Warrant to a master of a ship to convey a vagabond to Ireland, ib.
166. Form of the receipt for the pauper, to be signed by the constable of the

place where delivered up, ib.
167. Information of overseers in order to remove a pauper, 931.
168. Summons of one justice to the overseers of the parish to which it is intended

to remove a pauper, to shew cause against the order of removal, ib.
169. The like summons by two justices, ib.
170. The like in another form, ib.
171. Warrant of two justices to bring a pauper before them, and be examined

as to his settlement, 932.
172. Summons of one justice for several paupers to be examined as to their set-

tlement, ib.
173. The like summons to the pauper, to show cause against his removal, in

another form, ib.
174. Form of examination of a pauper where the settlement was by birth, as a

legitimate child, 933.
175. The like by hiring and service, ib.
176. Form of examination of a soldier as to his settlement, &c., ib.
177. Order of removal, ib.
178. General order of removal, under 13 & 14 Car. II., 934.
179. The like in another form in London, 935.
180. Indorsement on the last form, suspending removal, on account of illness

of pauper, ib.
181. The like, ordering the removal to take place with costs, the pauper having

recovered, ib.
182. The like suspension of an order of removal, to be indorsed on the back

thereof, as in ordinary cases, 936.
183. Form of a subsequent permission to execute the order of removal, to be

indorsed thereon, and order of payment of the expences incurred by such

suspension, ib.
184. Order of removal of a certificated person back to the certifying parish, he

having become chargeable, and to pay costs of removal back, ib.
185. Record of an order of removal to be filed at the quarter sessions, 937.

186. Deputation of a person to remove a pauper, 938.




VI. Forms relating to Removals-continued.
187. A justice's order to a constable to remove a vagrant to his place of setile-
ment in

days, and that he be allowed only
188. Receipt of the vagrant by the constable of the parish to which removed,

and statement of amount of expences, ib.
189. Information of an overseer of the poor, that the expences directed to be

paid, on taking off the suspension from an order of removal, have been

refused, or neglected to be discharged, 939.
190. Summons on the foregoing information, ib.
191. Warrant of distress thereupon, ib.
192. Usual printed form of notice of appeal, at next quarter sessions, against an

order of removal of a pauper, 940.
193. A further notice of appeal against an order of removal in another form

(notice of motion to adjourn), ib.
194. General notice of appeal against an order of removal, 941.
195. Notice of trial of a respited appeal against an order of removal, ib.
196. Countermand of notice of appeal, ib.
197. Notice of the entry and adjournment of appeal, 942.
198. Petition of appeal against removal, ib.
199, Order for hearing thereupon, ib.
200. Notice to produce pauper, 913.
201. Notice of abandonment of order after removal of pauper, ib.
202. Supersedeas of the order of removal, ib.
203. Order on appeal, allowed by consent, to return pauper to the removing

parish, 944.
204. Certiorari to remove an order of removal, &c. into King's Bench, ib.
205. Case stated for opinion of court of king's Bench, 945.
206. Entry of quashing order of justices, after special case, ib.
207. Order of sessions on hearing appeal against an order of removal, quashing

same with costs and certificate of clerk of peace, taxing the costs, 946.
VII. Forms of Proceedings, under Vagrant Act, against Paupers.
208. Information against a father of a family, neglecting to maintain the same

as being an idle and disorderly person, 947.
209. Warrant to apprehend thereupon, ib.
210. Conviction of an idle or disorderly person, or a rogue and vagabond, or in-
corrigible rogue,

211. Commitment of an idle and disorderly person,

212. Information, by an overseer, against a pauper, for returning from a parish

to which he was removed by order of justices, ib.
213. Commitment for returning to a parish, after having been removed by order

of two justices, against the vagrant act, ib.
214. Examination of a vagrant, 949.
215. ('ommitment of a rogue and vagabond, ib.
216. Recognizance to prosecute a vagrant at the sessions, 950.


As such, not entitled to overseers, 7.

Payment of, evidence of intention to create apprenticeship, 473.
Absence of, no proof of the contrary intention, ib.
Must be stated in indenture, where any duty payable, 469. See APPRENTICE


Children born of, gain no settlement thereby, 275.
May be examined as to their settlement. See REMOVAL, III. (4.)
On any civil process, or for contempt, gain no residence in the place of their con-

finement, 275.
Under mesne process for debt, not in county gaols, to be relieved by the parish of

their settlement, 201.


Of notice of vestry meeting must be in church, and affixed to church door, 205.

Of rate must be on the Sunday next after allowance, 134. See Rate (9.)

Tolls, to be expended for public purpose, are not rateable, 59.

No person to gain a settlement by virtue of a, whereof the consideration is not 301.,

In this act confined to cases where a pecuniary consideration is paid, 619.
In its larger sense it comprehends all property acquired except by descent, ib.
As to settlements by purchase, see Estate, III. 1, 2, 3, 4.



Residence in right of, gives a settlement, 605.

Rate, what order sessions may make on, 140. See Rate (11.)

Order of removal, effect of, 780, 781. See REMOVAL (8.)

Omission of this word in order of removal, immaterial, 740.
One justice, however, must be of, ib.
Justices need not be, in local jurisdiction, if any one is of, 741.


The poor rate is a tax, 69.

its origin, 43.
Statute relating to, 43 Eliz. c. 2, 43.
Not a charge on the land, but on the occupier in respect thereof, 51.
1. Who are to make it.

The parish officers, 44.
Concurrence of inhabitants unnecessary, ib.

Mundamus lies to make, but not to alter it, ib.
2. Purposes for which made.

Title of rate material part of it, 46.
If it imports to be made for two purposes, and one is illegal, King's Bench will

quash it, 46, 79.
It may be made for relief of poor, 44; binding apprentices, ib; providing work,

29; purchasing lands, 39 ; passing vagrants, 44. See OVERSEERS' Accounts.
Cannot be made to repay money borrowed, 46.
For expences of litigating settlements allowed, 44.
But not for indicting a person for assault on constable, 47.

For valuation of parish property ? 45, n.
3. Time for which made.

It may be prospective, 47.

It must not be a standing rate, ib.
4. On whom it is to be made.-stat. 43 Eliz., c. 2, 47.
On every inhabitant, i. e. persons permanently resident and sleeping in the

parish, 47, n., 49.
It is a charge on the occupier, 51.
Occupier at will of what produces profit to himself or owner, is rateable, 49.
Occupiers are to pay, and not landlords, 49; though resident in another parish,

Owners of houses, between 61. and 201. rent, may be rated instead of occupiers,
49, 50.

no sur-


4. On whom it is to be made continued.
Except where right of voting for members of parliament depends on assessment

to the rate, 51.
Goods of occupier may be distrained, 50.
Such occupier paying may deduct from rent, ib.
Receivers to be deemed owners, ib.
Owners rated may appeal and vote in vestries, ib.
Inhabitants not to be rated for any estate not in the parish, 51.
Lodgers and stall keepers are not inhabitants, ib.
Corporate bodies and colleges may be occupiers, 54.
Owner of a house occupying part, his servants part, and a pauper part, is rate-

able for the whole, 51.
So also an owner, who, with his family, was absent occasionally, and his assist-

ant had use of shop, ib.
Whether the corporate body or burgesses are occupiers, 85, 86.
There must be a beneficial occupant, 59.
Trustees of tolls, to be expended for public purposes, are not rateable

plus, ib.
Nor a person dedicating a house to charity, unless he makes a profit, 52.
But the occupier of such house is rateable, ib.
Hospital lands are rateable, 53.
So also officer of a college for his apartments, ib. ; or servants of public hos-

pitals, 53, 57, 61.
Trustees of lunatic asylum are not rateable, ib.
Nor the objects of the charity, ib.
Rates of lands taken for such asylum not to be increased, 54.
Schoolmaster, having house in lieu of salary, is rateable, 55.
Palaces, occupied by royal family, not rateable, ib.
Occupier of crown lands, by gift, or for wages, is, ib.
Lessee of king's stables, for use of regiment, not, 56.
Persons, found by sessions to be occupiers of king's battery house, is, ib.
The servant of an ambassador, occupying a house, and letting part, is liable to

be rated, and may be distrained on, 62.
Soldiers, in barracks, are not occupiers, if they have only necessary accommo-

dation, 56.
Owner of a mail packet is rateable, 113.
Owner of a chapel, making profit, is rateable, 57; secus, if no profit, ib.
Surveyor, occupying toll-house, is rateable, the tolls exempted, 62.
Toll-houses, if turnpike, are exempted, 845.
Persons empowered to make a river navigable, and taking no interest in the

soil, are not occupiers, 99.
5. What property is rateable, 62.
(1.) Lands, houses, 8c., 62.

All things real, and in yearly revenue, must be taxed, ib.

Land includes every thing under it and over it, ib.
(2.) Stock in Trade, 63.

Stock in trade, of which a profit is made, is rateable, 63, 64, 65, 67.
When not, 66.
Usage cannot vary its rateability, 63, 65, 66, 67, though it may guide jus-

tices in their discretion, 65.
A farmer is not rateable for his stock, 64.
Bare possession of personal property is evidence of rateability, 66.
Difficulties attending rating personalty, 65, 66.
Personal estate must be local, and visible in the parislı, 65.

A ship rateable, in her principal port, though absent when rate made, 67.
(3.) Household Furniture, Money, and Funded Property, 67.

Household furniture, 67, and money out at interest, 68, are not rateable.
Bank annuities not rateable under a local act, rendering money out at interest

liable, 67, 68.
!4.) Profits of personal labour, 68.
Salary for superintending government works, is not a rateable species of pro-

perty, 68.

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