order to receive that sum annually out of the rents and profits without any Imitation of time, the objection applies, that for want of such limitation, as, "till some other order made," it is void by the authority of the case mentioned. Therefore, unless the order of sessions be understood as limited to raise 77. 16s. once for all, that would be invincibly bad; and if so understood, the order has been satisfied.-Grose, J., agreed.—And by Laurence, J. If the order of sessions had intended that more than one sum of 71. 16s. should be taken, they should have said so more distinctly, by adding the word "annually," or " till further order."-Besides, if the order were illegal, he should have refused payment, and if indicted for disobedience he might have defended himself; or he might have brought an action of trespass if his goods had been distrained, for he would not have been concluded, by an order to which he was no party, from showing that it was illegal. But I think the order of sessions only meant that one sum of 71. 16s. should be taken. Judgment for the plaintiff. It has been held, that if a man refuse to maintain his wife, but nevertheless remains in the parish, no order can be made on 5 Geo. I. c. 8, to seize his effects; but the wife must have recourse to the common remedy of suing for alimony; or any one who supplies her with necessaries, may have his action against the husband for money expended to his use. Rex v. Justices of Kent; Burn's Justice, 25th edit. For the punishment of those who desert their wives and children, see title, Vagrants, Vol. V., and ante, 172. If the wife has committed adultery, the husband is not liable to the penalty in 5 Geo. IV. c. 13, for refusing to maintain her. Rex v. Flinton, 1 Bar, & Adolph. 227; post, Addenda, 848. Form of an Order to seize the Goods and receive the Rents of the Lands of County of To the Churchwardens and Overseers of the Poor of the parish of gone away from his place of abode at 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 outh before us made, that A. O., late of the parish of aforesaid, in the county aforesaid, yeoman, hath in the parish aforesaid, into some other his wife and their children, upon the aforesaid, the place of their last legal settlement; and that the said A. O. hath some estate whereby to ease the said parish of their said charge, in 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 of his goods and chattels, and to receive so much [insert the sum] of the annual rents and profits of the lands and tenements of him, the said A. O., at aforesaid (a), for and towards the discharge of the said parish, for the providing for his said wife, and bringing up and maintaining of his said children: 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. Given under our hands and seals, at and seize of and in the year and in the said county, the (See the preceding case of Stable v. Dixon, p. 172.) day (Fourthly)—Of the Mode of relieving and ordering of the Poor.(6) By the several statutes, the poor were to resort or be sent to their own parishes to be relieved; and in Clypton v. Ravistock, Sett. & Rem. 49; 2 Nol. P. L. 369; it was adjudged as follows: There was an order reciting, (a) If the order extend to lands, then say, "until further order made." (b) As to Bastards and their Filiation, see Bastards, Vol. I. Of Relief to the wives and families of soldiers and militia-men, see Vol. III. tit. Military Law. As to Pauper Lunatics, see Lunatics, Vol. III. Fourthly, Mode of relief, &c. Poor to be main that John Saunderson and his wife were last settled in Clypton; then ordering the churchwardens of Clypton to repair to the parish of Ravistock, and to relieve them, being so sick that they cannot be removed.-By the Court: The justices have no authority to send for officers out of another parish, but tained in the the parish where the poor reside are bound to maintain them as long as they parish where continue with them. But in the case of Darlington v. Hemlington, (Dougl, they are; 9 n. 2, Cald. 6; 2 Bott, 16; 2 Nol. 369, see post, Settlement by Birth of Bastards) where two bastard children, settled at Darlington, resided with excepting in the their mother as nurse-children in the parish of Hemlington, where the case of bastards, mother was settled: it was determined that the parish where the children's being nurse settlement was, should maintain those children in that other parish. By 43 Eliz. c. 2, s. 1, the churchwardens and overseers, with the consent of two justices, shall take order from time to time, for setting to work the children of all such whose parents shall not by the said churchwardens and overseers, or the greater part of them, be thought able to keep and maintain their children; and for setting to work all such persons, married or unmarried, having no means to maintain them, and using no ordinary and daily trade; and for the necessary relief of the lame, impotent, old, blind, and such other among them being poor, and not able to work. Sect. 4. And the said justices, or one of them, shall send to the house of correction, or common gaol, such as shall not employ themselves to work, being appointed thereunto as aforesaid. Rex v. Collet, 3 D. § R. 582; 2 B. & C. 324. This was an appeal against an order of two justices for the allowance of the accounts of the overseers of the poor of the parish of Kelsale, confirmed by the sessions subject to the following case: The appellant, Mr. C., is the proprietor of a considerable estate in the parish of K., a part of which is in his own occupation. In consequence of the depression in the price of agricultural produce, the farmers have been rendered unable to make any improvements on their lands, and consequently have employed few labourers, by which means a considerable part of the labouring population has been totally unemployed; and during this period, all poor persons belonging to the parish, who had been unable to obtain employment, have received sums of money for their maintenance from the parish officers in proportion to the number of their respective families, for which no labour has been required from them. The appellant being dissatisfied with this application of the parish funds, appealed against the overseers' accounts. The respondents, upon hearing of this appeal, admitted that the persons to whom the sums objected to in the account were paid, were in fact both able and willing to work, but that no employment could be obtained for them, which the appellant contended the oversers were bound to provide, pursuant to stat. 43 Eliz. c. 2, although no evidence was adduced to prove that the overseers could have employed the labourers. It also appeared, that none of the sums objected to were paid under or in consequence of any orders from a magistrate. The parishioners were accustomed to meet once a week at the parish workhouse, at which meetings all applications for relief were received, and where all labourers belonging to the parish, who had not in the preceding week been in constant employment, attended to give an account of their earnings, and received such sums as, with the earnings, should amount to a sum deemed competent to their maintenance in proportion to the number of their children. In several cases it appeared, that able-bodied men with four or five children, having had no employment in the preceding week, received from the overseers from 7s. to 8s. 6d. for the week; having been employed three days, 3s. 6d. to 4s. per week; having been employed two days, 5s. per week; and so in proportion to the number of their children and the amount of their week's earnings. And in all cases this relief was afforded to these persons, solely on the ground of their having been out of employment, without reference or enquiry as to any means they might have of raising money for the supply of their immediate wants by sale or pledge of their household effects; and that in many instances, the weekly relief was afforded to various able-bodied labourers for many weeks in succession. After hearing counsel upon both sides,—Abbott, C. J. It does not children. The enactment of 43 Eliz. c. 2, of relief, &c. s. 1, as to mode Overseers of the poor must endea for able-bodied poor who are out Quere, Whether they can legally vour to find work of employment. relieve such per- payments, or by setting them labour? Fourthly, Mode of relief, &c. Parishes may pro employment of the poor, appear upon the case before us, that the overseers of the poor considered themselves bound to provide work for the unemployed poor, if that were practicable; nor whether they in any way endeavoured to attain that object. Before we determine whether the overseers were or were not justified in giving pecuniary relief to the unemployed poor, the case must go down to the sessions again, that we may be informed whether any, and if any, what endeavours were made to procure employment for them. All that the Court can now say is, that undoubtedly it is the primary duty of the overseers to find employment for the poor if possible (a). And I express that opinion now for the sake of the poor themselves, to whom no greater kindness can be done than by enabling them to earn their own living by labour, instead of suffering them to eat the bread of idleness, by which their habits and morals must soon be corrupted.— Bayley, J., suggested, that it was the bounden duty of the overseers to obtain work for the poor if they could, either in or out of their own parish, and it was only in case of inability to procure work, that they would be justified in giving relief in money. Probably this very discussion would rouse overseers of the poor to a sense of their duty in endeavouring to find work for unemployed poor persons. There were several useful modes of employing poor persons, advantageous to the public, such as levelling hills, and improving roads. Within the last few years, a great deal had been done in improving the public highways by this mode of employing poor labourers. The case was sent back to the sessions to be amended. The 59 Geo. III. c. 12, s. 12, after reciting that "whereas by an act vide land for the passed in the 43d year of the reign of Queen Elizabeth, the churchwardens and overseers of the poor are directed to set to work certain persons therein described and whereas by the laws now in force sufficient powers are not given to the churchwardens and overseers, to enable them to keep such persons fully and constantly employed;" enacts, "that it shall be lawful for the churchwardens and overseers of the poor of any parish, with the consent of the inhabitants thereof in vestry assembled, to take into their hands any land or ground which shall belong to such parish, or to the churchwardens and overseers of the poor of such parish, or to the poor thereof, or to purchase, or to hire and take on lease for and on account of the parish, any suitable portion or portions of land within or near to such parish, not exceeding twenty acres in the whole; and to employ and set to work in the cultivation of such land, on account of the parish, any such persons as by not exceeding twenty acres. (a) In Strype's Annals of Church and State, under Queen Eliz., b. 2, p. 90, there is a letter, which was addressed to Lord Treasurer Burghley, by a justice of peace for the county of Somerset, which shows that the great evils arising from habits of idleness amongst the poor, began then to be understood, and strengthens the idea that one great object of the legislative provisions for the poor made about that time, was to prevent ablebodied men from being unemployed. After observing upon the great increase of crime, and the number of wandering, idle vagabonds then committing depredations in that part of the country, the writer proceeds, " and when these lewd people are committed to the gaol, the poor country that is robbed by them are forced to feed them, which they grieve so much more would not serve, nor two such gaols would hold them. But if this money might be employed to build some houses adjoining to the gaol for them to work in, and every prisoner, committed for any cause and not able to relieve himself, compelled to work, as many of them as are delivered upon their trials, either by the acquittal of the grand jury or petty jury, burning in the hand or whipping, presently transferred thence to the houses of correction to be kept in work, except some present will take any into service; I dare presume to say the tenth felony will not be committed that now is." This letter also shows that at that time prisoners committed for trial, although they could not be compelled, and were not willing to work, were in point of fact in some places supported at the expence of the public. It seems, however, that they could not legally claim to be so maintained. See the case of The Justices of the North Riding of Yorkshire, 2 B. & C. 286. Vol. II. tit. Gaols, &c. law they are directed to set to work, and to pay to such of the poor persons so employed as shall not be supported by the parish, reasonable wages for their work; and the poor persons so employed shall have such and the like remedies for the recovery of their wages, and shall be subject to such and the like punishment for misbehaviour in their employment, as other labourers in husbandry are by law entitled and subject to." Fourthly, Mode of relief, &c. tions of land to poor inhabitants. Sect. 13, provides and enacts, "that for the promotion of industry And may let poramongst the poor, it shall be lawful for the churchwardens and overseers of the poor of any parish, with the consent of the inhabitants in vestry assembled, to let any portion and portions of such parish land as aforesaid, or of the land to be so purchased or taken on account of the parish, to any poor and industrious inhabitant of the parish, to be by him or her occupied and cultivated on his or her own account, and for his or her own benefit, at such reasonable rent and for such term as shall by the inhabitants in vestry be fixed and determined." See also sect. 14, post, p. 191. By 57 Geo. III. c. 34, intituled "An act to authorise the issue of exchequer bills, and the advance of money out of the consolidated fund to a limited amount, for the carrying on of public works and fisheries in the U. K., and employment of the poor of G. B. in manner therein mentioned." Sect. 29. "It is enacted that no such exchequer bills shall be advanced in aid of any parish in G. B. unless the application for such advance shall be made with the consent of not less than the majority in number, and of threefourth parts in value, such value to be calculated and ascertained from the last rate made for the relief of the poor in such parish, of the persons assessed to and paying such rates; or where the poor rates of any parish shall be under the care and management of any select vestry or commissioners, governors of the poor, trustees or other select body, then with the consent of not less than four-fifths of such select body, by whatever name the same may be called; such consent to be certified by some justice of the peace or magistrate acting as such in each parish, and one or more of the overseers of the poor of the parish or place in respect of which the application shall be made." Sect. 35, enacts, "that the principal sums contained in the exchequerbills which shall be advanced or lent by the said commissioners for the execution of this act in G. B. under the authority of this act, shall be repaid, without deduction or abatement, together with interest for the same, by instalments; that is to say, the principal sum in each and every exchequer-bill shall be repaid to the cashier or cashiers of the bank of England at their office, together with interest for the same at and after the rate of five pounds per centum per annum, by the space of fifteen days at least before the time when each such exchequer-bill shall become payable according to the provisions of this act, such interest to be computed on the said principal sum from the date of such exchequer-bill to the time of the payment thereof." By 53 Geo. III. c. 124, s. 5, it is enacted, "that no advance shall be made under the provisions of 57 Geo. III. c. 34, for the use of any parish, township, or place in G. B., in which the amount of the money actually expended for the relief of the poor, in the year ending at Easter, 1817, or ending at the usual quarter-day immediately preceding Easter, 1817, shall not exceed by three-fourths the average annual amount of the money expended for the relief of the poor for the three years preceding Easter, 1816, or shall not exceed by one-half the amount so expended for the year ending Easter, 1816; any thing in the said act of 57 Geo. III. c. 34, to the contrary in any wise notwithstanding." Sect. 6, enacts that the principal sums contained in the exchequer-bills Repayment of which shall be advanced or lent by the said commissioners for the execution exchequer bills. of this act in G. B., under the authority of the recited act (57 Geo. III. c. 34), the payment whereof shall not be otherwise provided for pursuant to the said recited act, shall be repaid without deduction or abatement, together with interest for the same at and after the rate of five pounds per centum per annum, to the cashier or cashiers of the bank of England, at their office, Fourthly, Mode of relief, &c. Commissioners under recited acts, when directed by the treasury, to advance money into execution any act for completing works of general importance and utility. by the space of fifteen days at least before the time when each such exchequer-bill shall become payable according to the provisions of this act; such interest to be computed on the said principal sum from the date of such exchequer-bill to the time of payment thereof. By 1 Geo. IV. c. 60, and 3 Geo. IV. c. 86, the 57 Geo. III. c. 34, and c. 124, are continued and amended; and by 5 Geo. IV. c. 77, after reciting the above acts, it is enacted, "that it shall be lawful for the commissioners for the time being for the execution of 57 Geo. III. c. 34, and of the towards carrying several other acts herein before recited, whenever the said commissioners shall be directed so to do by any warrant under the hands of any three or more of the said commissioners of the treasury, and the said commissioners are hereby required to advance and lend any sum or sums of money toward the carrying into execution any act of parliament for making, completing, or maintaining any works of general public importance and utility, which shall be carried on, under the direction of any commissioners appointed by authority of parliament, on such terms and conditions as shall from time to time be directed by the said commissioners of the treasury or any three or more of them, any thing in the said recited acts, or any of them contained to the contrary in any wise notwithstanding: Provided always, that the less than the cur- rate of interest payable on such loan or advance, shall not be less than the current rate of interest which shall be payable on exchequer bills at the time of making such loan or advance." Interest not to be rent rate payable on exchequerbills. Directions that names of persons entered in a book. relieved shall be No others to be relieved, but by tices. By 3 W. & M. c. 11, s. 11. "There shall be provided and kept in every parish a book, wherein the names of all persons who receive collection shall be registered, with the day and year when they were first admitted to have relief, and the occasion which brought them under that necessity, and yearly in Easter week, or as often as shall be thought convenient, the parishioners shall meet in the vestry or other usual place of meeting in the parish, before whom the book shall be produced, and all persons receiving collection to be called over, and the reasons of their taking relief examined, and a new list made and entered of such persons as they shall think fit and allow to receive collection." Sect. 11. "And no other person shall be allowed to receive collection at the charge of the parish, but by authority under the hand of one justice order of the jus- residing within such parish, or (if none be there dwelling) in the parts near or next adjoining, or by order of the justices in sessions, except in cases of pestilential diseases, plague, or small-pox, for such families only as shall be therewith infected." No order of relief Overseer not to relieve others except on sudden and emergent occasions. And by 9 Geo. I. c. 7, s. 1. "No justice shall order relief to any poor person, until oath be made before him of some matter, which he shall judge to be a reasonable cause for having such relief; and that the same person had by himself, or some other, applied for relief to the parishioners at some vestry or other public meeting, or to two of the overseers, and was by them refused to be relieved: and until such justice hath summoned two of the overseers to show cause why such relief should not be given, and the person so summoned hath been heard or made default to appear." See 36 Geo. III. c. 23, and 55 Geo. III. c. 137, s. 3, post, p. 194. Sect. 2. "And the person whom such justice shall think fit to order to be relieved shall be entered in such book, as one of those who is to receive collection, as long as the cause for such relief continues, and no longer. And no officer shall (except upon sudden and emergent occasions) bring to the account of the parish, any money he shall give to any poor person of the same parish who is not registered in such book as a person entitled to receive collection, on pain of 51. by distress, by warrant of two justices, who shall have examined into and found him guilty of such offence; which said sum shall be applied to the use of the poor by direction of the justices. By 59 Geo. III. c. 12, s. 5, it is enacted, "that every order to be made, relief, in parishes after the 1st day of May, 1819, for the relief of any poor person, by the churchwardens and overseers of the poor of any parish not having a select vestry, under the authority of this act, shall be made by two or more jusor more justices, tices, who shall, in making every such order, take into their consideration the character and conduct of the person applying for relief; provided that Every order for not having a select vestry, shall be made by two except in cases of emergency. |