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Seventhly, of his, her, or their purchase-money; and froin and after every such sale, the incorporated workhouse or other houses, tenements and buildings, out-houses, offices, districts. yards, gardens, orchards, lands and grounds, with their appurtenauces, so
sold, shall be discharged from all the trusts and purposes of the said recited
act.” Application of Sect. 2. “That a competent part of the money arising from every such sale money to arise
shall be applied in defraying the expences attending the sale, and in or by such sale.
towards discharging any incumbrances affecting the said workhouse, or other houses, tenements and buildings, out-houses, offices, yards, gardens, orchards, lands, and grounds respectively, and any debts which may have been contracted by the guardians, or visitor and guardians of such parish, township, or place, or united parishes, townships or places respectively, by way of charge on the poor's rates or otherwise ; and the residue of any such money shall be paid by such guardians, or visitor and guardians, to the church wardens and overseers for the time being, of such parish, township, or place, or several united parishes, townships, or places respectively, in the like shares or proportions as they contributed towards the purchase or erection of the workhouse, or other houses, tenements and buildings, out-houses and offices, yards, gardens, orchards, lands and grounds respectively, which shall be so sold, and be applied by such churchwardens and overseers of the poor respectively, as part of the rates w be collected for the relief of the poor of the same parish, township, or place, or several parishes, townships, or places respectively.”
And by 43 Geo. III. c. 110, s. 1. After reciting that by stat. 22 Geo. III. c. 83, s. 20, it was among other things enacted, “ that in case any money should be borrowed under the powers of the said act, for the building any poorhouse or workhouse, or purchasing any land necessary to be used for that purpose, the assessments for the relief of the poor should continue at the same rate they were when such poorhouse or workhouse was first
established, until the debts so contracted, and the interest thereof, should be 42 Geo. 3, c. 74, fully discharged: and whereas by an act, made in the forty-second year of
the reign of his present Majesty, intituled, · An act to amend an act, made in the twenty-second year of the reign of his present Majesty, for the better relief and employment of the poor, so far as relates to the payment of the debts incurred for building any poorhouse,' it was enacted, that the guardians of the poor of any parish who had erected any poorhouse or workhouse, under the powers of the said therein recited act, should, with the consent of the several persons to whom the same should be due and payable, yearly and every year, pay off and discharge any part of the money borrowed under the powers of the said recited act of the twenty-second year of the reign of his present Majesty, not being less than one-twentieth part thereof, besides the interest which might be payable on the sum remaining undischarged ; and in case such sum to be payed off should not in any oue year be sufficient to discharge any one of the notes for fifty pounds issued pursuant to the directions of the said recited act, for securing the money borrowed under the authority thereof, the same should from time to time remain in the hands of the overseers of the poor of such parish until it amounted to a sufficient sum to pay off and discharge any of the said notes: and whereas doubts are entertained whether the said recited act of the forty-second year of his present Majesty's reign has effectually relieved such parishes as have adopted the provision in the said act of the twenty second year of his present Majesty's reign, from the burthensome effects thereof; be it therefore enacted, that so much of the said recited act of the twenty-second year of his present Majesty's reign, as requires that the
assessments for the relief of the poor shall continue at the same rate as quiring the as.
they were when any poorhouse or workhouse was first established under tinge, &c, re
the authority of the said recited act, until the debt contracted, and the pealed. interest thereof, should be fully discharged, shall be, and the same is
Sect. 2. “That such assessments shall and may from time to time be diminished to such amount as shall be deemed proper and necessary: provided always, that the guardians of the poor, for the time being, of every
Part of 22 Geo. 3, c. 83, s. 20, re.
sessinents to con.
such parish, shall yearly and every year, pay off or provide for a twentieth Seventhly, Of part at least of any monies which shall have been borrowed for the purpose incorporated aforesaid, under the powers of the said act of the twenty-second year of his
districts. present Majesty's reign, and also shall duly keep down the interest of all monies which shall be so borrowed ; any thing in the said recited acts of be diminished.
Assessments may the twenty-second and forty-second years of his present Majesty's reign, or The guardians either of them, contained to the contrary notwithstanding.
shall pay off a By 22 Geo. III. c. 83, s. 28. “That every person or persons, to be sent to
twentieth part of
the borrowed any house or houses to be provided under the authority of this act, shall, at money under 32 the time of his or her entering such house, deliver, or cause to be delivered, Geo. 3, c. 83. to the governor thereof, or to his assistant, if any, an order, signed by one Admitting pauof the guardians of the poor of the parish, township, or place, from which such person shall come, for the admission of such person or persons, in the form or to the effect contained in the said schedule, No. XII.; which order shall be carefully kept by the governor, and entered by him in a book to be provided for that purpose."
By s. 29. “ That no person shall be sent to such poor house or houses, What paupers adexcept such as are become indigent by old age, sickness, or infirmities, and missible to poorare unable to acquire a maintenance by their labour; and except such orphan children as shall be sent thither by order of the guardian or guardians of the poor, with the approbation of the visitor; and except such children as shall necessarily go with their mothers thither for sustenance.”
Sect. 30. “That all infant children of tender years, and who, from accident or misfortune, shall become chargeable to the parish or place to which they belong, may either be sent to such poor house as aforesaid, or be placed Pauper children, by the guardian or.guardians of the poor, with the approbation of the visitor, how to be taken with some reputable person or persons in or near the parish, township, or place, to which they belong, at such weekly allowance as shall be agreed upon between the parish officers and such person or persons with the approbation of the visitor, until such child or children shall be of sufficienta
tage to be put into service, or bound apprentice to husbandry, or some trade or occupation; and a list of the names of every child so placed out, and by whom and where kept, shall be given to the visitor; who shall see that they are properly treated, or cause them to be removed, and placed under the care of some other person or persons, if he finds just cause so to do; and when every such child shall attain such age, he or she shall be so placed out, at the expence of the parish, township, or place, to which he or she shall belong, according to the laws in being : provided nevertheless, That if the parents or relations of any poor child sent to such house, or so placed out as aforesaid, or any other responsible person, shall desire to receive and provide for any such poor child or children, and signify the same to the guardians at their monthly meeting, the guardians shall, and are hereby required to dismiss, or cause to be dismissed, such child or children from the poor house, or from the care of such person or persons as aforesaid, and deliver him, her, or them, to the parent, relation, or other person so applying as aforesaid: provided also, That nothing herein contained shall give any power to separate any child or children, under the age of seven years, from his, her, or their parent or parents, without the consent of such parent or parents."
Sect. 31. “ That all idle or disorderly persons, who are able, but Idie persons negunwilling, to work or maintain themselves and their families, shall be lecting to provide prosecuted by the guardians of the poor of the several parishes, townships, may be proseand places, wherein they reside, and punished in such manner as idle and cuted. disorderly persons are directed to be by the statute made in the seventeenth year of the reign of his late majesty King George the Second; and if any guardian shall neglect to make complaint thereof, against every such person or persons, to some neighbouring justice of the peace, within ten days after it shall come to his knowledge, he shall, for every such neglect, forfeit a sum not exceeding five pounds, nor less than twenty'shillings, one moiety whereof, when recovered, shall be paid to the informer, and the other moiety to be disposed of as the other forfeitures are hereinafter directed to be applied."
poor to cease, where this act is
Seventhly, Of Sect. 32. " That where there shall be, in any parish, township, or place, incorporated any poor persons who shall be able and willing to work, but who cannot get
districts. employment, it shall and may be lawful for the guardian of the poor of such Persons not able parish, township, or place, and he is hereby required, on application made to get employ.
to him by or on behalf of such poor person, to agree for the labour of such ment, may be
poor person or persons, at any work or employment suited to his or her provided there. with by guard
strength and capacity, in any parish, township, or place, near the place of his or her residence, and to maintain, or cause such person or persons to be properly maintained, lodged, and provided for, until such employment shall be procured, and during the time of such work, and to receive the money to be earned by such work or labour, and apply it in such maintenance, as far as the same will go, and make up the deficiency, if any; and if the same shall happen to exceed the money expended in such maintenance, to account for the surplus, which shall afterwards, within one calendar month, be given to such poor person or persons who shall have earned such money, if no further expences shall be then incurred on his or her account to exhaust the same. And in case such poor person or persons shall refuse to work, or run away from such work or employment, complaint shall be made thereof by the guardian to some justice or justices of the peace in or near the said parish, township, or place; who shall inquire into the same upon oath, and on conviction punish such offender or offenders, by committing him, her, or them, to the house of correction, there to be kept to hard labour for any time
not exceeding three calendar months, nor less than one calendar month." Farming out the By s. 1. So much of stat. 9 Geo. I. “as respects the maintaining or
hiring out the labour of the poor by contract, within any parish, township, adopted.
or place, which shall adopt the provisions of this act, shall be, and is hereby repealed, and every contract or agreement made in pursuance thereof, for either of those purposes, shall become, and is hereby declared to be, null
and void.” Agreement for
Sect. 2. “ Provided, that it shall and may be lawful for the visitor and diet or clothing guardian, or visitors and guardians, appointed as hereafter mentioned, of of paupers in poorhouse.
any parish, township, or place, or parishes, townships, and places, which
That it shall and may be lawful for any justice of the ordered by the peace, on complaint made upon oath, by or on the behalf of any poor fusal of guardian person belonging to any parish, township, or place, that the guardian, to relieve. upon application made to him, hath refused such poor person proper relief,
and after enquiring into the condition and circumstance of such poor person upon oath, either to order him or her, by writing under the hand of such justice, some weekly or other relief, or direct such guardian to send such poor person to the poorhouse, in case he or she shall appear a fit object to be kept and provided for there, according to the true intent and construction of this act; which order shall be complied with, or sufficient cause shown to the contrary, before such justice, by such guardian, within two days after he shall receive the same; and if any guardian shall, upon due notice of
any such order, refuse or neglect to obey the same, he shall, for every such Penalty on refusal or neglect, forfeit the sum of five pounds. And be it further enacted, guardian for disobeying order for
that out of the penalty hereby inflicted upon the guardian, for disobeying relief.
the order of a justice of the peace for the relief and maintenance of any poor person, so much thereof as the justices of the peace who shall convict such offender shall direct to be paid to such poor person to whom such relief was
ordered, shall be paid to him or her accordingly, and the remainder applied Seventhly, of in such manner as the other penalties are hereby directed to be disposed of.” incorporated Sect. 35. “ Or if it shall appear to such justice, that the person so com
districts. plaining, or on whose behalf such complaint is made, is able and willing to work, but wants employment, in that case it shall and may be lawful for such justice to order the guardian to procure him or her maintenance and employment in the manner herein-before directed; and if any guardian shall, upon due notice of any such order, refuse or neglect to obey the same, he shall, for every such refusal or neglect, forfeit the sum of five pounds. Or if it shall appear to such justice, that the person making such complaint, If it appear that or on whose behalf such complaint is made, is an idle or disorderly person, isanime person, and has not used proper means to get employment, it shall and may be law- the justice may ful for the justice, after examining such person, and hearing the whole cir- commit him to cumstances of the case, to commit such person to the house of correction for the house of corany time not exceeding three calendar months, nor less than one calendar month ; or if it shall appear to such justice upon inquiry as aforesaid, that the husband or father of such person making complaint, or on whose behalf complaint shall be so made, for want of relief, is an idle or disorderly person, able to work, but by his neglect of work, or for want of seeking employment, or by spending the money he earns in 'alehouses, or places of bad repute, does not maintain his wife or children, and suffers them to be reduced to want, it shall and may be lawful for such justice of the peace, in like manner, to commit the husband of such poor woman, or the father of such poor child or children, to the house of correction, for any time not exceeding three calendar months, nor less than one calendar month.”
Sect. 36. “Provided, that when any complaint or application shall be Application to be made to a justice of the peace, for the relief of any poor person, within any made first to parish, township, or place, for which a visitor shall be appointed, such justice we visitor, before shall not summon the guardian to appear before him, unless application shall a justice makes have been first made, by the person so complaining, to the guardian, and if any order. he refuses redress, to the visitor, (it being part of his duty to adjust matters of that sort,) who shall order relief if he thinks it necessary, either within or out of the poorhouse as he shall judge right; but if sufficient relief shall not be so given or ordered, the poor person complaining, or on whose behalf such complaint shall be made, shall be redressed by such justice in the manner herein-before directed.”
Rex v. C. Laughton, 2 M.£. $. 324 ; 1 Bott, 743. The defendant having Where the guardbeen convicted by two justices at a special sessions, and fined 30s. for disobey- ian and visitor ing an order of a justice, under 33 Geo. III. c. 55, for the payment of As. of a parish, which for the relief of Mary Lewis and her children, appealed to the general quarter provisions of stat. sessions, where the conviction was confirmed, subject to the opinion of the 22 Geo. 3, c. 93, Court of King's Bench, upon the following case :—The parish of West to them for relief Walton is incorporated under 22 Geo. III. c. 83, for the maintenance of its by a pauper for poor; in which parish a poorhouse is erected and fitted up for the reception ren, directed them of the poor. Application for relief being made by the said Mary Lewis for to be received herself
and her two children, the guardian and the visitor appointed under the into the poor: said act, severally directed them to be received into the poorhouse; where- one justice had upon the justice made the above order, directing a pecuniary relief out of not any jurisdicthe poorhouse. On the appeal, the question stated for the opinion of the
plaint to him by Court was, Whether the magistrate had power and authority, under 22 Geo. the pauper to III. c. 83, to make the said order for the pecuniary relief of the paupers
order relief out of
the poorhouse. out of the poorhouse ?--After hearing counsel, Lord Ellenborough, C. J., said, the justice does not affect to determine upon the ground of its being a qualified refusal of relief. If proper relief has not been refused, the justice has not any jurisdiction. The visitor, to whom it is referred by law, as a part of his duty, to say whether the relief shall be given in or out of the poorhouse, has decided that question, and has determined it to be proper relief. If it depended on the choice of the pauper, the poorhouse would be useless. The visitor having adjusted it, the matter was at an end, and not within the cognizance of the magistrate, and therefore the infliction of this penalty was not warranted.—Le Blanc, J. The 7th section of the statute, which has been relied on in argument as putting the guardian on the
tion upon com
ered to order relief in certain cases for a
Seventhly, of footing of an overseer, must be taken with reference to the general policy incorporated of the act in which it is contained, and when the 36th section of the same districts. act directs that application shall be made both to the guardian and visitor,
before any application is made to a justice, and when it adds that it is the duty of the visitor to adjust matters of that sort, that is, whether it is most proper to relieve in or out of the poorhouse, the liability of the guardian as overseer, imposed by the 7th section, must be controlled by the subsequent clause. The visitor must always determine whether the party is to be relieved in or out of the poor house, otherwise the whole policy of the act would be avoided.-Bayley and Dampier, Js. concurred. Order of sessions
quashed. See also Rex v. Keer and Rich, 5 T. R. 159; 1 Bott, 421. Justices empow. 59 Geo. III. c. 12, s. 2, enacts, “ that when any complaint shall be made
to any justice of the peace, of the want of adequate relief, by or on the
behalf of any poor inhabitant of any parish for which a select vestry shall limited time. be established by virtue of this act, or in which the relief of the poor is or
shall be under the management of guardians, governors, or directors appointed by virtue of special or local acts, such justice shall not proceed therein, or take cognizance thereof, unless it shall be proved on oath before him, that application for such relief hath been first made to and refused by the select vestry, or by such guardians, governors, or directors; and in such case, the justice to whom the complaint shall be made may summon the overseers of the poor, or any of them, to appear before any two of his Majesty's justices of the peace, to answer the complaint; and if upon the hearing thereof it shall be proved on oath, to the satisfaction of the justices who shall hear the same, that the party complaining, or on whose behalf the complaint shall be made, is in need of relief, and that adequate relief hath been refused by the select vestry, or by such guardians, governors, or directors, or that such select vestry shall not have assembled as by this act directed, it shall be lawful for such justices to make an order, under their hands and seals, for such relief as they, in their just and proper discretion, shall think necessary (reference being also had by such justices to the character and conduct of the applicant); provided, that in every such order the special cause of granting the relief thereby directed shall be expressly stated, and that no such order shall be given for or extend to any longer time than one month from the date thereof: Provided that it shall be lawful for any
justice to make an order for relief in any case of urgent necessity, to be One justice may specified in such order, so as such order shall remain in force only until the relief, in cases of assembling of the select vestry of the parish, or of such guardians, governors, urgent necessity. or directors, as aforesaid, to which such case shall relate." Cases in which Sect. 27. After reciting that by 22 Geo. III. c. 83, it is enacted, “ with relief by rincorpo- regard to parishes which have adopted the provisions thereof, and for which parishes
a visitor shall have been appointed, that no guardian of the poor shall be without previous summoned to appear before any justice of the peace, upon complaint or application to the
application to such justice for the relief of any poor person, unless application shall have been first made by the person so complaining to the guardian, and upon his refusal of redress, to the visitor: and whereas in many cases, by reason of the absence of the visitor, or the distance of his residence, it may not be in the power of the complainant to make the application by the said act required; for remedy thereof be it further enacted, that if it shall be made to appear to any justice to whom any such complaint or application for relief shall be made, that the visitor of the parish or united parishes from which relief shall be sought is absent from home, or is resident more than six miles from the place of abode of the complainant, and that application for relief hath been made to the guardian, and hath been refused, it shall be lawful for such justice to summon the guardian to appear before him to answer such complaint, and to proceed thereon, and make such order therein, as the case shall require, in like manner as in cases where application hath been made to the visitor, in the manner by the
said act directed.” Maintenance by By 22 Geo. III. c. 83, s. 24. “ That the poor persons who shall be sent respective pa
to every such house, by virtue and under the authority of this act, shall be maintained therein-at the general expence of the respective parishes, town
may be ordered