Sect. 4. "If any person who shall be sent to any poorhouse or work- Fourthly, Mode house shall embezzle, or wilfully waste, spoil, or damage any of the clothing, of relief, &c. goods, or materials committed to his or her care, or shall take or carry away, Penalty on emwithout permission of the overseer of the poor or keeper of the said work- bezzling goods. house, any clothing, goods, or materials provided for the use of such poorhouse, or of any of the poor therein, complaint thereof may be made upon oath to one or more justices of the peace acting for the district or division in which such parish shall be situate; and such justices are hereby autho- Power of justices rised to hear such complaint, and upon conviction to commit the offender to commit offendto the house of correction, there to be kept to hard labour for any time not exceeding two calender months, nor less than seven days." 54 Geo. III. c. 170, s. 7. Enacts, "that it shall not be lawful for the master, governor, or other person entrusted with the superintendence of any house for the reception of poor persons, or the churchwarden, overseer, or other persons elected, constituted or appointed, by or under the authority of any act or acts of parliament for the control or management of the poor of any district, parish, township, or hamlet, to punish with any corporal punishment whatsoever, any adult person or persons under his, her, or their care or charge, for any offence or misbehaviour whatsoever; or to confine any such person or persons whatsoever, for any offence or misbehaviour, for any longer or greater space of time than 24 hours, or such further space of time as may be necessary, in order to have such person or persons before a justice of the peace: any thing in any act or acts of parliament contained to the contrary in any wise notwithstanding.' And 56 Geo. III. c. 129, s. 2. Enacts, "that it shall not be lawful for any governor, director, guardian, or master of any house of industry or workhouse, on any pretence, to chain, or confine by chains or manacles, any poor person of sane mind." 55 Geo. III. c. 137, s. 1. After reciting" that many persons, received into public workhouses established for the relief, maintenance, and employment of the poor, pawn and dispose of their clothes and apparel, and the goods and chattels deposited in or belonging to such workhouses; and poor persons relieved by having clothes and apparel given them by the officers of parishes, frequently pawn and sell the same; and by the laws now in force no punishment can be inflicted on them, or on the person or persons buying or receiving the same into pawn; for remedy whereof," it is enacted, "that the property of and in all and singular the goods, chattels, furniture, provisions, clothes, linen, and wearing apparel, tools, utensils, materials, and things whatsoever, had and to be had, bought, procured, or provided for the use of the poor of any parish or parishes, township or townships, hamlet or hamlets, place or places, shall be and the same is hereby vested in the overseers of the poor of such parish or parishes, township or townships, hamlet or hamlets, place or places for the time being, and their successors in office, for the purposes of this act, who are hereby empowered to bring, or cause to be brought, any action or actions, or to prefer or order the preferring of any bill or bills of indictment against any person or persons who shall steal, take, or carry away, or buy or receive any such goods, chattels, provisions, clothes, linen, furniture, wearing apparel, tools, utensils, materials, or things whatsoever, as aforesaid, or any part thereof; and in every such action and indictment the said goods, chattels, provisions, clothes, linen, wearing apparel, tools, utensils, materials and things, shall be laid or described to be the property of the overseers of the poor for the time being of such parish or parishes, township or townships, hamlet or hamlets, place or places, without stating or specifying the name or names of all or any of such overseers: Provided always, that nothing herein contained shall extend to repeal any of the provisions contained in any act or acts of parliament, whereby the property of and in any such goods, chattels, furniture, provisions, clothes, linen, wearing apparel, tools, utensils, materials and things, is or may be vested in any other person or persons jointly with, or independent of the overseers of the poor of any parish or parishes, township or townships, hamlet or hamlets, place or places." Sect. 2 enacts," that the overseers of the poor, or other person or persons ers. Masters, &c., of poorhouse not to beyond a limited time. punish or confine Confining the poor by chains or manacles unlaw ful. Fourthly, Mode of relief, &c. Parish officers &c, to be mark ed. Penalty on persons buying or receiving into pawn any property provided for the poor by parish officers; or defacing marks. Penalty. who may be appointed for the ordering, regulating, managing, or providing for the poor of any parish or parishes, township or townships, hamlet or hamlets, place or places, jointly with or independent of such overseers of the may cause goods, poor, shall or may, and they are hereby authorised and empowered to cause all such goods, chattels, furniture, clothes, linen, wearing apparel, tools, utensils, materials, and things capable of being marked, and from time to time belonging to such overseers, or other person or persons, to be marked, stamped, or branded with the word "workhouse," and such other mark or marks as they shall think proper for identifying the parish or parishes, township or townships, hamlet or hamlets, place or places, by which the same shall have been provided: And if any pawnbroker or other person or persons shall knowingly take in pawn, buy, exchange, or receive any goods, chattels, furniture, clothes, linen, wearing apparel, tools, utensils, materials and things provided for the use of any of the poor who are or shall be received into the workhouse of any parish or parishes, township or townships, hamlet or hamlets, place or places, or to whom the same shall have been given by the overseers of the poor, or other such person or persons as aforesaid, appointed as aforesaid, of or for any such parish or parishes, township or townships, hamlet or hamlets, place or places, or any of them, or any of the goods or materials carried into any such workhouse or workhouses, to be wrought up, manufactured, or used by the poor there, or any of the goods or furniture of such workhouse or workhouses or shall receive or buy any of the provisions allotted to or provided for the poor of such workhouse or workhouses, or shall be aiding or assisting therein or if any person or persons shall cause such mark or stamp, marks or stamps as aforesaid, to be obliterated or defaced, every person so offending, shall forfeit for every such offence any sum not exceeding the sum of five pounds, nor less than one pound, upon conviction thereof, either by the confession of such person or persons, or by the oath of one or more credible witness or witnesses, before any one or more of his Majesty's justices of the peace of the county, city, town, riding, or division wherein the offence or offences shall be committed; one moiety of which said penalty shall go to the informer or informers, and the other moiety shall go and be paid to the overseers of the poor of the parish or parishes, township or townships, hamlet or hamlets, place or places to which such articles or things may belong, for the use of the poor of such parish or parishes, township or townships, hamlet or hamlets, place or places; and in case any person or persons who shall be convicted as aforesaid, shall not pay such penalty or penalties upon conviction, then and in such case such jusfenders to be com- tice or justices of the peace shall and may and is and are hereby required to commit such offender or offenders to the common gaol or house of correction, there to remain without bail or mainprize for any space of time not exceeding two calendar months: and if any person or persons shall desert or run away from any workhouse or workhouses, and carry away with him, her, or them, any clothes, linen, or other goods or things as aforesaid, such person or persons being thereof lawfully convicted, either by the confession of such party or parties, or by the oath or oaths of one or more credible witness or witnesses, before any justice or justices of the peace, shall by such justice or justices of the peace be forthwith committed to the common gaol or house of correction, there to remain without bail or mainprize for the space of three calendar months; and in all cases such mark, stamp, or brand, on any such articles or things as aforesaid (being duly authenticated) shall be considered right of property. and taken to be sufficient evidence, without further proof, of the right of property in such overseers or other person or persons appointed as aforesaid, as the case may be: Provided always, that such mark or stamp as aforesaid shall not at any time be placed on any articles of wearing apparel so as to be publicly visible on the exterior of the same." Application of penalty. On nonpayment of penalty, of mitted. Persons abscond- Mark or stamp on articles to be evidence of the Mark not to be put on the outside of wearing apparel. Persons guilty of misbehaviour in workhouses may be committed. Sect. 5. "And whereas persons maintained in public workhouses sometimes refuse to work, or are guilty of drunkenness and other misbehaviour, and by the laws in being no sufficient punishment is provided for such offences; it is therefore enacted, that in case any person or persons maintained in any public workhouse or workhouses established for the relief, maintenance, and employment of the poor, shall refuse to work at any work, occupation, or employment suited to his, her, or their age, strength, and capacity, or shall Fourthly, Mode be guilty of drunkenness or other misbehaviour, every such person or persons of relief, &c. being thereof lawfully convicted before any justice or justices of the peace, shall thereupon by such justice or justices of the peace be committed to the common gaol or house of correction, there to remain without bail or mainprize for any period of time not exceeding twenty-one days, and during such time to be kept to hard labour." Sect. & enacts, "that all justices of the peace before whom any person or persons shall be convicted of any offence against this act, shall and may cause the conviction to be drawn up in the following form, or to the like effect; that is to say, Form of convic Be it remembered that on the day of in the year of our Lord A. B. is duly convicted before of his Majesty's justices of the peace for the tion. county of [or city or liberty of as the case may be,] of having [here state the offence] contrary to the statute in that case made and provided. Given under my hand and seal [or, our hands and seals, as the case may be,] the day and year first above written. And that such conviction shall be good and effectual in law to all intents and purposes, and shall not be quashed or set aside, or adjudged void or insufficient, for want of any other form of words whatever; nor shall the same be removed by certiorari, or any other writ or process whatsoever, into any of his Majesty's courts of record at Westminster; any law, statute, or usage to the contrary thereof notwithstanding. Conviction not to be set aside for want of form. Sect. 9." Provided always, That if any person or persons shall think himself, Appeal to the herself, or themselves aggrieved by the judgment of such justice or justices quarter sessions. as aforesaid, such person or persons may appeal to the next general or quarter sessions of the peace to be held for the county, city, or place, wherein the cause of complaint shall have arisen; such person or persons at the time of his, her, or their conviction entering into a recognizance, with two Recognizances sufficient sureties conditioned personally to appear at the said sessions to be entered into. try such appeal, and to abide the further judgment of the justices at such sessions assembled; and the said justices at such general or quarter sessions shall hear and determine the causes and matters of such appeal in a summary way, and make such order therein as the said justices shall think proper; and the determination of such justices at their general or quarter sessions shall be final and conclusive." 56 Geo. III. c. 129, reciting that "divers local acts of parliament have lately passed, containing enactments relative to the maintenance and regulation of the poor, varying the general law with respect to particular districts, parishes, townships, or hamlets; and it is expedient that some of such enactments should be repealed"; enacts," that all enactments and provisions contained in any act or acts of parliament since the commencement of the reign of his late Majesty King George the First, whereby any poor person or persons, other than such as shall actually apply for and receive parochial relief, are compelled or made compellable to go or remain in any house of industry or workhouse; or whereby any poor person or persons may be detained or kept in any house of industry or workhouse; at the discretion of the governors or directors thereof, or of the churchwardens or overseers of the poor of any district, parish, township, or hamlet, after such persons are capable of maintaining themselves; or whereby any poor person or persons may be compelled to remain in any house of industry or workhouse, until the charges and expences to which any district, parish, township, or hamlet may have been put or become liable or chargeable for the maintenance or support of such poor person or persons, or any of his or her family, shall be repaid or reimbursed or satisfied by the earnings or labour of such poor person or persons; or whereby any poor child or children whomsoever is or are rendered liable to be apprenticed to any governor, director, or master of any such house of industry or workhouse; or whereby any parish, township, or hamlet, at a greater distance than ten miles from such house of VOL. IV. Decisions to be final. Certain provisions in local since the begin ning of the reign of Geo. 1, poor acts passed repealed. Fourthly, Mode of relief, &c. A workhouse purchased under 1, c. 7, by joint parishes, in a third parish, is for the purposes be considered a part of the purchasing parish. industry or workhouse, shall hereafter be empowered or authorised to become contributors to, or to take the benefit of such house of industry or workhouse; or whereby any directors, governors, guardians, or masters of any such house of industry or workhouse, are authorised or empowered to hire out any poor person or persons of full age, or to contract or agree with any person or persons to have and take the profit of the labour of such poor person or persons; shall be wholly and severally, and the same are hereby wholly and severally repealed. Rex v. St. Peter and St. Paul, in Bath, Cald. 213; 1 Bott. 483; 2 Nol. the statute 9 Geo. P. L. 165. Two justices by an order remove William Hill from Lyncombe and Widcombe to St. Peter and St. Paul. The sessions on appeal confirm the order, and state the following case:-The parishioners of St. Peter and St. Paul, in conjunction with the parishioners of St. James, in Bath, of settlement, to purchased a piece of ground in the parish of Lyncombe and Widcombe, and built thereon a house for the reception and maintenance of their poor. And the said William Hill, together with the rest of the paupers belonging to the said parish of St. Peter and St. Paul, removed to the said house, where they have been maintained ever since, without any charge to the said parish of Lyncombe and Widcombe. The said Hill and all the other paupers carried with them regular certificates, which were delivered to one of the officers of Lyncombe and Widcombe. Notwithstanding his certificate the pauper was removed from Lyncombe and Widcombe, though he had not been chargeable to that parish. The sessions confirmed the order, being of opinion, that the pauper was not an object of the certificate act, and consequently not protected by it. Howarth, Morris, & Franklin shewed cause in support of these orders. Lord Mansfield, C. J., (without hearing the other side,) said, "To be sure it was a radical defect in the system of the poor-laws, more especially in a commercial and manufacturing country, that the poor should be all confined to their respective parishes. Possessed of industry, vigour, and skill, a man, who could not find work at home, was prohibited from seeking it abroad. The legislature endeavoured to cure this evil by introducing certificates, under which the pauper is at liberty to go and reside wherever he pleases. And the true principle is, to extend this protection to the utmost latitude. There should be no clog, no restraint. But then the act did not compel the granting of them. The want of workhouses was, however, soon felt as an inconvenience; they were, not long after, introduced by the legislature; and, if well regulated, a most desirable mode of relief they are; they supply comfort and accommodation for those who cannot work, and employment for those who can. In many instances which have chanced to fall within my knowledge, particularly on the Midland circuit, they have reduced the annual amount of the poor rates one-half. But this benefit could not within itself be received by every separate district: for where parishes were small, the expence of the necessary buildings was too heavy for them. This obstacle was foreseen by the legislature, and provided against accordingly. Though single parishes could only contract for these buildings, within their own limits, yet, where two unite, no restrictions were imposed, the power is general. It is obvious, that the workhouse of a single parish must be most conveniently situated in that parish. Upon a similar principle, where many parishes were jointly concerned, the legislature did not require that the building should be raised in either of the confederate parishes; because in such case, a spot might be found in some other parish more central and better accommodated to their general convenience, than any part of their united district. The act, therefore, authorises the purchase any where : and when once the joint purchase is made, wherever it be, it becomes a part of the local system of each contracting parish; and if the poor will not go there, they are not entitled to relief. The same narrow spirit that has impeded the progress of this beneficial plan, now starts up again to limit this power, and almost to overthrow the act itself; which was calculcated ultimately to reduce expence, as well as promote industry and encourage manufactures, by employing all the poor under the eye of one master. But the objection is not warranted by the certificate act. Whatever might be The advantages of workhouses explained. the leading motive in passing that act, that statute authorises the whole body of the poor, of whatever denomination and with whatever object, to leave their own and remove into any other parish, provided they can obtain the protection of a certificate. Contrary to the spirit and policy of the act, and not obliged by the letter, the Court will not make an exception of a case, which the act itself has not excepted. The true policy is certainly to enlarge and not to narrow the district, within which the poor are to be maintained. As to the objection of its being an injury to property, the introduction of a numerous inhabitancy, by increasing the consumption of provisions, must unavoidably add to the value of that land, the produce of which is by such a demand consumed. As to the possibility of a few illegitimate children acquiring by birth a settlement in the parish, within which the workhouse stands, it is impossible to foresee every inconvenience; and all that can be said is, that de minimis non curat lex."-Buller, J. "As to the last difficulty raised, I doubt whether the poor-house so occupied, and become in this manner the perpetual property of the united parishes, is not, to this purpose, rather to be considered as part of those parishes to which it so belongs, than of the parish in which it is locally situated; upon the same principle, as that of many resolutions in the case of such children born in gaols." Willes and Ashurst, Js., concurring, both orders were quashed. Fourthly, Mode of relief, &c. The 24 Geo. II. c. 40, s. 13, prohibits the sale or use of spirituous liquors Spirituous liquors in any workhouse, or house of entertainment for parish poor. Relief to Prisoners confined under Mesne Process for Debt, in Gaols which are not County Gaols. 52 Geo. III. c. 160. After reciting that " great distress is suffered by poor persons confined under mesne process for debt in such gaols as are not county gaols, in consequence of their not receiving any allowance whereon to subsist during the time of such confinement," it is enacted, s. 1," that it shall be lawful for any one justice of the peace acting for the county, riding, or division, wherein any gaol which is not a county gaol is situated, to order the overseers of the poor of the parish, township, or place wherein any such gaol (which is not a county gaol) shall be situated, to relieve any poor person shall be confined in such gaol under mesne process for debt, and who shall appear to such justice to be unable to support himself or herself, and who shall have applied for relief to such overseers as aforesaid." who Sect. 2. "That the sum to be given for the relief of any such poor person shall not exceed 6d. per diem, during the time of his or her confinement in such jail under mesne process for debt." Sect. 3. "The overseers of the poor of any such parish, township, or place, to whom any such application for relief shall be made as aforesaid, if they shall doubt whether such poor person is legally settled in such parish, township, or place, shall cause him or her to be examined upon oath before one or more justice or justices of the peace, touching his or her last legal settlement, upon which examination it shall be lawful for justices to make an order for the removal of such poor person to the place of his last legal settlement, and to suspend the execution of such order of removal during the time of such person being confined in such gaol under such mesne process, which suspension of the same shall be indorsed on the said order, and signed by such justices, and the subsequent permission to execute the same, shall be indorsed on the said order, and signed by such justices, or by any other two justices of the peace acting for the same county, riding, or division." Sect. 4. "That a copy of the order of removal, and of the order for suspending the execution of the same as aforesaid, shall, as soon as may be after the making thereof respectively, be served upon the overseers of the poor of the parish, township, or place in which such poor person shall by such order of removal, be adjudged to be legally settled." Sect. 5. "That although such poor person shall not have been actually removed in pursuance of such order of removal as aforesaid, it shall be lawful for any justice of the peace to direct the overseers of the poor of the not to be used in workhouses. |