in every such order the special cause of granting the relief thereby directed Fourthly, Mode shall be expressly stated, and that no such order shall be given for or of relief, &c. extend to any longer time than one month from the date thereof: Provided also, that in cases of emergency and urgent distress, it shall be lawful for one justice to order such relief as the case shall require, stating in his order the circumstances of the case; but no such last-mentioned order shall Limitation of entitle any person to claim relief by virtue thereof more than fourteen days order. from the date of the order, nor shall the same have any force or effect after the next petty sessions to be holden within the hundred or other division or district in which the parish to which the same shall apply shall be situated.” See also s. 12 and 13, ante, 176; s. 26, ante, 165; and s. 27, and s. 36, under Incorporated Districts, post. The 8 & 9 W. c. 30, s. 2, relating to badging the poor, is repealed by Badges repealed. 50 Geo. III. c. 52. And see 54 Geo. III. c. 170, s. 7; and 56 Geo. III. c. 129, s. 2, post, 197. Poor and Not Able to Work (a).] Rex. v. The Inhabitants of Hayworth or Highworth, 1 Str. 10; 1 Bott, 460. There was an order to pay 3s. weekly to a poor person, by the parish of Highworth, so long as he shall continue poor. It was objected, that by the statute it ought to appear that the person relieved is poor and impotent.-Parker, C. J. I favour these orders as much as I can, because nobody takes care to draw them up for the poor. But it must be quashed. On the authority of this case, in Rex v. Stoke Ursey, an order was quashed for the same fault. So in Rex v. Tipper, on an order to maintain a daughterin-law. 1 Bott, 460. Rex v. John Fearnley, 1 T. R. 316; 1 Leach, 425; 1 Bott, 471; 2 Nol. P. L. 265, 374. This was a demurrer to an indictment found against Fearnley, who was overseer of the poor of the township of Checkheaton, for disobeying an order of two justices, for the payment of 1s. 6d. a week to Sarah Firth, for the maintenance of herself and her bastard child. One objection was, there was a mistake in the caption of the sessions where the indictment was found, the word July being inserted instead of October, which the Court adjudged to be fatal. It was also objected, that as the money was ordered to be paid weekly, the defendant could not be guilty of any disobedience before the expiration of the first week. But the Court were of opinion, that the sum which was ordered to be paid weekly was due at the beginning of the week. The order must express that the person is impotent as well as poor. On an order for relief weekly, the beginning of the week. money is due the Sessions have no surgeons' bills to be paid; For the Necessary Relief.] Rex v. Colbitch, 1 Barnard. 46. An order of sessions was made upon the overseers of this parish, that they should pay power to order a surgeon his bill for curing certain poor under their care. The Court said, that the sessions have no power to make such orders, and so quashed it. Rex v. Woodsterton, 2 Barnard. 207, 247; 1 Bott, 464; 2 Nol. P. L. 356. An order was made by two justices upon the officers of the parish nor the justices. of Woodsterton for paying 51. upon account of a poor inhabitant of that parish, when he was in goal, and likewise for paying a surgeon's bill that was due upon his account; which order was confirmed at the sessions. It was moved to quash these orders. And upon shewing cause it was urged, that the justices have only power to order parish officers to relieve a poor inhabitant where it is fit he ought to be relieved. But in the present case the parish officers have actually given the party relief. They employed a surgeon and a nurse to take care of him. The surgeon and nurse have a proper remedy by way of action against the officers; and the justices have no pretence to interfere in this manner. And the Court were of opinion that these orders should be quashed. See Casual Poor, post. ance. But medical assistance is within the meaning of relief, as understood and Medical assistused in the poor laws, and an overseer is bound to supply such relief to a pauper labouring under a dangerous illness, though out of the workhouse, (a) With respect to persons able, but not willing to work, see stat. 5 Geo. IV., c. 83, ante, 172, and title, Eagrants. Fourthly, Mode and not having previously had relief. Per Holroyd, J., Rex v. Warren, of relief, &c. Worcester Lent Ass. 1820. See Casual Poor, post. Overseers empowered, in certain cases, by direction of justices, &c., to give relief by way of loan only. Pensions for ser army, &c., may be assigned in certain cases for parishes. A stranger, and, a fortiori, a deputy overseer, directing a surgeon to attend a pauper, is liable, in respect of his retainer, to pay the surgeon's bill. But a deputy overseer is not liable unless he has expressly retained the surgeon. Watling v. Walters, 1 Carr. & P. 132. 59 Geo. III. c. 12, s. 29, after reciting, that it is expedient to discourage that reliance upon the 'poor's rates which frequently induces artisans, labourers, and others, to squander away earnings which would, with suitable care, have afforded sufficient means for the support of their families, enacts, "that whenever it shall appear to the justices, or to the general or select vestry, or to such guardians, governors, or directors as aforesaid, or to the overseers of the poor, to whom application shall be made for relief for any poor person, that he might, but for his extravagance, neglect, or wilful misconduct, have been able to maintain himself, or to support his family (as the case may be), it shall be lawful for the overseers of the poor (by the direction of the justices, or of the general or select vestry, or of such guardians, governors or directors, where application shall have been made to them respectively) to advance money weekly, or otherwise, as may be requisite, to the person so applying, by way of loan only, and to take his receipt for, and engagement to repay every sum to be so advanced (for which no stamp duty shall be required); and it shall be lawful for any two justices, upon the application (within one year after any such loan or loans) of one or more of the overseers of the poor for the time being of the parish, to summon the person to whom any money shall have been so advanced; and if upon examination by such justices into his circumstances, it shall appear to them that such person is able, by weekly instalments or otherwise, to repay the whole or any part of the money so advanced to him, and for which he shall have given any such receipt and engagement, it shall be lawful for such justices to make an order under their hands and seals for the repayment of the whole or of any part of such money, at such time and times, and in such proportions and manner as they shall see fit; and upon every default of payment, by their warrant to commit such person to the common gaol or house of correction, for any time not exceeding three calendar months, unless the sum and sums which shall be due and payable by virtue of such order shall be sooner paid." Sect. 30 enacts," that when any person entitled to or in receipt of any vice in the navy, pension, superannuation, or other allowance, in respect of his service in the navy, royal marines, army, or ordnance, shall apply to any parish for relief, for himself, or for his wife or family, it shall be lawful for the churchwardens the indemnity of and overseers of the poor to require the pensioner or other person applying for relief, before the same shall be granted, to assign to them the next quarterly or other payment or allowance which shall become payable to him, to the intent that they may receive the same, and retain for the use of the parish so much thereof as shall have been by them advanced for the relief of such pensioner or other person, or of his wife or family residing with him in such parish; and it shall also be lawful for the churchwardens and overseers of the poor of any parish, at the request of any person who shall be entitled to or in the receipt of any such pension, superannuation, or other allowance, to advance for his support, or the support of his family, any weekly sum not exceeding the rate of his pension or allowance, to be repaid by and out of the next quarterly or other payment of such pension or allowance, and to take an assignment thereof by way of security for the money so to be advanced, any thing in any act or acts to the contrary notwithstanding; and every assignment to be made of any such pension, superannuation, or allowance, for the purposes of this act, shall be exempt from stamp duty, and shall be in the form or to the effect following; that is to say, Form of assign ment. I [naming the pensioner, or other applicant, and stating such particulars as shall be requisite,] do hereby assign to the churchwardens and overseers of the poor of the parish of the next payment of the pension, at the rate of as the case may be,] granted to me as and payable from per diem, [or, in order to secure to the said parish of me [or, of the weekly sum of the repayment of the sum of advanced to Fourthly, Mode ordered or agreed to be advanced to me, as the case may be,] by such churchwardens and overseers. Signed by the above-named before me, one of his Majesty's justices of the peace for this day of of relief, &c. Such assignment, attested by jus mitted by churchwarden, &c., to paymaster-gene tice, to be trans ral, &c. to churchward ens, &c. And every such assignment, attested by one of his Majesty's justices of the peace, of any quarterly or other payment payable by the commissioners for the affairs of the royal hospitals at Chelsea or Greenwich, or by the paymaster of the royal marines, or the treasurer of the board of ordnance respectively, and made as aforesaid to the churchwardens and overseers of the poor of any parish, shall be transmitted by such churchwarden or overseer, at least one month before such payment shall become due, under cover, addressed to the paymaster-general of his majesty's forces, with the words Chelsea pensioner' written thereon, or to the paymaster of pensions at Greenwich hospital, with the words Greenwich pensioner' written thereon, or to the paymaster of the royal marines, with the words 'royal marines pensioner' written thereon, or to the secretary to the board of ordnance, with the words ' ordnance pensioner' written thereon; who shall thereupon respectively The pension ascause the said payment to be made to the churchwardens or overseers of signed to be paid the poor of the parish for whose security the assignment shall have been made, in the same manner as the said payment would have been made to the person assigning the same if no such assignment had been made; and such churchwardens and overseers, or any one or more of them, are and is hereby authorised to receive the same, and to retain thereout for the use of the parish so much as shall have been advanced and paid on security thereof, and forthwith to pay the residue (if any there shall be) to the pensioner or person by whom such assignment shall have been made; and if any question shall arise between the pensioner or person making any such assignment, and the churchwardens and overseers of the poor of any parish, touching the amount which shall be due and payable to them by virtue of any such assignment, the same shall be determined in a summary way by one of his Majesty's justices of the peace, and his order and determination therein shall be final and conclusive: provided that no such assignment shall entitle the churchwardens and overseers, to whom the same shall be made, to receive the pension or allowance purporting to be thereby assigned, if the party assigning the same shall die before the time when such pension or other allowance would have become payable to him if no such assignment thereof had been made." Sect. 31 enacts," that when any pensioner, or other person entitled to or in receipt of any such pension or other allowance as aforesaid, shall leave his wife or family chargeable, or suffer them to become chargeable to any parish, it shall be lawful for two or more justices, upon complaint thereof to them made by any one or more of the churchwardens and overseers of the poor of such parish, and verified on oath, by order (a) under their hands Assignments of persons to become void by the sioner before the day of payment. death of the pen Justices may order payment to overseers of the pensions, &c., of persons leaving their families chargeable. Justices' order to overseers, to receive pension. and seals, to direct that the next payment which shall become due of such pension or other allowance, shall be made to the churchwardens and overseers of the poor of the parish to which such wife or family shall have become chargeable; and any one or more of such churchwardens and overseers of the poor shall transmit such order to the aforesaid commissioners for the affairs of the royal hospitals at Chelsea or Greenwich, or the secretary of the board of ordnance respectively, in like manner as any assignment is hereinbefore directed to be transmitted to the paymaster-general of his Majesty's forces, and the paymaster of pensions at Greenwich, the paymaster of the royal marines, and the secretary of the board of ordnance, as the case may be; which said paymaster-general, or paymaster of pensions at Greenwich, or the treasurer of the board of ordnance, shall thereupon, and upon sufficient proof being given that the person whose pension or other allowance shall be directed to be paid shall have been living when the same shall become payable, and would have been entitled to receive the same if no such order had been made, cause the said payment to be made to the churchwardens and overseers of the poor of the parish for whose security such order shall have been made: and the churchwardens and overseers of the poor receiving any such pension or other allowance by virtue of any such order, shall retain and apply the same, or so much thereof as shall have been actually expended for the purposes aforesaid, for the use and indemnity of the parish, and shall pay the overplus (if any there shall be) to the pensioner or person entitled thereto; and upon the receipt of any such order as aforesaid, by which the pension, or other allowance to be mentioned therein shall be directed to be paid to such churchwardens and overseers as aforesaid, the payment thereof shall be suspended, until sufficient proof shall have been given to entitle the churchwardens and overseers of the poor of the parish, in such order named, to receive the money thereby directed to be paid to them." Sect. 32. And whereas in many instances the wives and families of seamen employed in the merchants' service become chargeable to parishes, while their husbands and fathers are absent on such service, and it is expedient to provide for the indemnity of such parishes by and out of the wages of such seamen ; be it therefore further enacted, that where the wife or family of any seaman employed in any voyage or trip (not being his Majesty's service) shall, during his absence on such employment, become chargeable to any parish, it shall be lawful for two justices, upon complaint thereof to them made by any one or more of the churchwardens and overseers of the poor of such parish, and verified on oath, by order (a) under their hands and seals, to direct the acting owner or owners, ship's husband, or agent of the ship or vessel in which such seaman shall be employed, to pay, out of the wages direct that the next payment of the said Given under our hands and seals this (a) Order by Justices for Overseers, &c., to receive Seaman's Wages for the Indemnity of Parishes. County of to wit. To the Owner, Ship's Husband, or Agent of the ship or vessel, [or, as the case may be.] Whereas, complaint on oath hath been tices of the peace acting in and for the made before us, two of his Majesty's juscounty of by the churchwardens and overseers of the poor of the parish of in the county of aforesaid, that A., the wife of T. W., and their children, viz. (naming the children), have become chargeable to the said parish of And whereas it hath been made appear to us, that the said T. W. is now employed in the actual service of of relief, &c. payments to which shall become due to such seamen, unto the churchwardens and over- Fourthly, Mode seers of the poor of the parish to which his wife or family shall have become chargeable, so much as shall have been by such parish necessarily expended for their maintenance or relief, the amount, in case of any dispute, to be ascertained by two justices, whose determination thereon shall be final; and And the owner, upon the production of any such order, the owner, ship's husband, or agent, &c., to make such by whom the wages of the seaman therein to be named shall be payable, churchwardens, shall pay to such one or more of the churchwardens and overseers of the &c., accordingly. poor of the parish for whose indemnity such order shall have been made, as shall demand the same, the sum and sums to be therein specified and directed to be paid, or so much thereof as the wages then due shall amount unto; and the payment to and receipt of any such churchwarden or overseer shall be a good discharge for so much of such wages as shall be paid to them or him by virtue of any such order; and if any such owner, ship's husband, or agent, shall refuse or neglect to pay to the churchwarden or overseer producing any such order, the money thereby directed to be paid, or so much thereof as shall be actually due for the wages of the seaman to be therein named, the same may be levied and recovered, and the payment thereof enforced, against the owner or owners, ship's husband, or agent, by whom the same shall be payable, in such and the like manner as poor's rates in arrear may be levied and recovered, and the payment thereof enforced, against the parties and persons chargeable and charged therewith: provided always, that nothing herein contained shall authorise or compel the payment of any sum or sums of money by such acting owner or owners, ship's husband, or agent, until the voyage in which the vessel shall be so engaged shall be completed, nor beyond the sum that shall be then actually due to such seamen, by such acting owner or owners, ship's husband or agent, as wages or otherwise." By 11 Geo. IV. c. 10, intituled an act for the relief of parishes from the expences of maintaining the wives and families of men convicted under the laws for the prevention of smuggling, and sentenced to serve his Majesty in his naval service. Reciting that "Whereas many seamen are now serving in his Majesty's naval service, under and by virtue of certain acts heretofore made and passed for the prevention of smuggling: and whereas it is expedient to make provisions respecting the payment and distribution of the wages of such seamen, and of such others as may be hereafter entered to serve in the said naval service, under or by virtue of any act made or to be made for the prevention of smuggling, and also respecting the relief of parishes to which the wives or families of any such seamen are or may become chargeable whilst they continue in the service; be it therefore enacted, that no person who shall be hereafter adjudged or entered to serve in his Majesty's naval service under or by virtue of any act made or to be made for the prevention of smuggling, shall be entitled to receive more than half the pay of his rating in the ship's books." Sect. 2. "That the wages of every seaman now serving, or who shall hereafter be adjudged or entered to serve in his Majesty's naval service, under or by virtue of any such act made or to be made for the prevention of on board the on a voyage to and that since his departure the overseers of the said parish of have necessarily laid out and expended in the maintenance and support of the wife and family of the said A. S. the sum of We do, therefore, order and direct you, the said owner, &c. [as the case may be] forthwith, on receipt hereof, to pay unto the churchwardens and overseers of the poor of the parish of aforesaid, or to such one of them as shall demand the same, the said sum of out of the wages which are or shall become due to And upon refusal, proceedings may be had against owner, &c., as in case of poor rates. to serve in the Persons adjudged navy under the smuggling laws, not to receive the rating. Distribution of more than half the wages of sea men serving underthesmuggling laws. |