Seventhly, of incorporated districts. Penalties. Special rules and forms to be observed. Forms to be observed. Appeal to quarter sessions. Further assessments may be made where necessary, although they exceed the limit of former acts. one or more justice or justices of the peace of the jurisdiction where the offender dwells; who shall, upon conviction, in default of payment, after due summons, and demand made, cause the same to be levied by distress and sale of the offender's goods and chattels, by virtue of a warrant under the hand and seal of any justice of the peace having jurisdiction where such offender shall dwell, rendering to the said offender the overplus, if any, after the charges of such distress and sale shall be deducted; and in case sufficient distress shall not be found, then, and in every such case, it shall and may be lawful to and for any such justice of the peace to commit such offender to the house of correction, there to remain, without bail or mainprize, for any space not exceeding six calendar months, nor less than one calendar month; and that every such penalty and forfeiture, if not hereby otherwise directed to be disposed of, shall be paid to the treasurer of every such house or houses, where any such shall be established under the authority of this act, to be applied by him towards defraying the monthly expences of victuals, beer, firing, and other necessary provisions for the poor within such house or houses." Sect. 34. Enacts, "that the rules, orders, and regulations, specified and contained in the schedule hereunto annexed, shall be duly observed and enforced at every poorhouse or workhouse to be provided by virtue of this act, with such additions as shall be made by the justices of the peace of the limit wherein such house or houses shall be situate, at some special session; provided that such additions shall not be contradictory to the rules, orders, and regulations established by this act, and provided that the same be not repealed by the justices at their quarter sessions of the peace; and, for the purpose of having them more generally known, and more strictly attended to, the governors of every such house or houses shall, and are hereby required to cause the same to be printed in plain legible characters, and fixed up in some conspicuous part of every such house or houses." The forms of proceedings directed by the act, are given in the appendix of forms at the end of this volume. By 22 Geo. III. c. 83, s. 46. "That any person aggrieved by the act of any justice or justices of the peace out of sessions, in or concerning the execution of this act, may appeal to the next general quarter sessions of the peace for the county, riding, liberty, division, precinct, or district, wherein such act was done, giving eight days' notice thereof to the party against whom the complaint shall be made, and giving security, by recognizance, to be acknowledged before a justice of the peace, with a sufficient surety, to pay the costs attending such appeal, if the matter shall be determined against the appellant; and the justices at such quarter sessions are hereby authorised to hear and determine such appeal, and to award costs, for or against the appellant, as they shall see just cause so to do; which determination shall be final, and shall not be removed by certiorari.” The 36 Geo. III. c. 10, s. 1, recites, "that of late several acts have been made for the better relief of the poor in particular incorporated districts; and that certain persons are therein appointed to assess the poor's rates in such places, but the money so to be raised is limited not to exceed a certain sum in one year; and that by reason of the late increase of the price of corn and other necessary articles of life, the amount of the assessments so limited are insufficient, and the expence of maintaining the poor since 1st January, 1795, had exceeded the whole amount of the rates which could be raised in the present year, whereby debts have been incurred, so that it is become necessary that the sums to be assessed should be enlarged;" and then enacts, "That it shall and may be lawful for the directors and acting guardians of the poor within any hundred, town, or district, in that part of Great Britain called England, incorporated by any act of parliament for the relief or maintenance and employment of the poor, or for any other persons, by whatsoever name they are called or described, to whom is given, by any such incorporating act, the power of appointing the sum or sums to be assessed on the several parishes, hamlets, or places within their respective hundreds, towns, or districts, for the maintenance of the poor, and other the purposes of such act, at any of their annual, quarterly, or other general meetings, whenever the average price of wheat at the corn market in Mark Lane, London, for the quarter immediately preceding such annual, quarterly, or other general meeting, shall have exceeded the average price of wheat at the same market during those years from which the average amount of the poor's rates was taken upon the passing of the several incorporating acts respectively, to assess the several parishes, hamlets, and places within their respective hundreds, towns, or districts, which now are or usually have been charged to the poor's rates, in such respective sums of money as the said directors and acting guardians, or such other persons as aforesaid, shall think necessary for defraying the expences attending the support and maintenance of the poor for the current quarter, and for paying the interest of the money borrowed and due by virtue of the said respective acts, and of any debts which may have been incurred since the first day of January, one thousand seven hundred and ninety-five, in the maintenance of the poor, and for other the purposes of the said acts, notwithstanding such sums of money so to be assessed should exceed the amount of the assessments limited by such respective acts of parliament to be assessed on the respective parishes, hamlets, and places within such incorporated hundreds, towns, or districts, in any one year: provided always, that the sums to be assessed, and the assessments to be made by virtue of this act, in each respective incorporated hundred, town, or district, shall be assessed, made, collected, and paid in the same manner, and subject to the same restrictions, regulations, limitations, and powers of appeal, and with the like powers and remedies for compelling payment thereof, as the sums to be assessed, and the assessments to be made, by virtue of the several incorporating acts, are by those respective acts directed to be assessed, collected, and made, within the several hundreds, towns, and districts respectively incorporated by those acts: provided also, that the sums to be assessed by virtue of this act, upon any parish, hamlet, or place, shall be in the same rates and proportions as the assessments which have hitherto been made and levied by virtue of the said act or acts incorporating the several hundreds, towns, or districts in which such parishes, hamlets, or places are respectively situated: and provided also, that, from and after the first day of January, one thousand seven hundred and ninety-eight, the sums to be assessed, by virtue of this act, on any parish, hamlet, or place, shall never exceed, in any one year, the amount of double the sum at present raised by virtue of any incorporating act now existing." The 52 Geo. III. c. 73, enacts “that so much of 36 Geo. III. c. 10, as limits or provides, that from and after the first day of January one thousand seven hundred and ninety-eight, the sums to be assessed by virtue thereof on any parish, hamlet, or place, shall never exceed, in any one year, double the sum then raised by virtue of any incorporating act then existing, shall be and is hereby repealed." By 49 Geo. III. c. 124, s. 5, reciting that whereas certain rules, orders, bye-laws, and regulations are appointed to be observed and enforced in every poorhouse established under the authority of 22 Geo. III.; and whereas it is expedient that such rules, orders, bye-laws, and regulations should be extended to poorhouses and workhouses established in other parishes; it is enacted, that any two or more of his Majesty's justices of the peace may at any petty sessions direct such rules, orders, bye-laws, and regulations, or any of them, to be observed and executed in any parishes within their respective divisions or districts, as fully as in those incorporated by the said act. 50 Geo. III. c. 50, s. 1, after reciting stats. 22 Geo. III. c. 83, and 49 Geo. III. c. 124, s. 5, and that it is expedient that the benefit of 22 Geo. III. c. 83, for the government of poorhouses and workhouses should be extended to parishes which shall not have adopted the provisions of the said acts, enacts, "that any two or more of his Majesty's justices of the peace, within their respective limits, may at any special session direct the rules, orders, and regulations, in the schedule to the said act of the 22 Geo. III. specified and contained, or any of them, with such additions as shall be made by such justices, to be observed and enforced in the workhouses or Seventhly, of incorporated districts. Penalties. Special rules and forms to be observed. Forms to be observed. Appeal to quarter sessions. Further assessments may be made where ne they exceed the limit of former acts. one or more justice or justices of the peace of the jurisdiction where the offender dwells; who shall, upon conviction, in default of payment, after due summons, and demand made, cause the same to be levied by distress and sale of the offender's goods and chattels, by virtue of a warrant under the hand and seal of any justice of the peace having jurisdiction where such offender shall dwell, rendering to the said offender the overplus, if any, after the charges of such distress and sale shall be deducted; and in case sufficient distress shall not be found, then, and in every such case, it shall and may be lawful to and for any such justice of the peace to commit such offender to the house of correction, there to remain, without bail or mainprize, for any space not exceeding six calendar months, nor less than one calendar month; and that every such penalty and forfeiture, if not hereby otherwise directed to be disposed of, shall be paid to the treasurer of every such house or houses, where any such shall be established under the authority of this act, to be applied by him towards defraying the monthly expences of victuals, beer, firing, and other necessary provisions for the poor within such house or houses." Sect. 34. Enacts, "that the rules, orders, and regulations, specified and contained in the schedule hereunto annexed, shall be duly observed and enforced at every poorhouse or workhouse to be provided by virtue of this act, with such additions as shall be made by the justices of the peace of the limit wherein such house or houses shall be situate, at some special session; provided that such additions shall not be contradictory to the rules, orders, and regulations established by this act, and provided that the same be not repealed by the justices at their quarter sessions of the peace; and, for the purpose of having them more generally known, and more strictly attended to, the governors of every such house or houses shall, and are hereby required to cause the same to be printed in plain legible characters, and fixed up in some conspicuous part of every such house or houses." The forms of proceedings directed by the act, are given in the appendix of forms at the end of this volume. By 22 Geo. III. c. 83, s. 46. "That any person aggrieved by the act of any justice or justices of the peace out of sessions, in or concerning the execution of this act, may appeal to the next general quarter sessions of the peace for the county, riding, liberty, division, precinct, or district, wherein such act was done, giving eight days' notice thereof to the party against whom the complaint shall be made, and giving security, by recognizance, to be acknowledged before a justice of the peace, with a sufficient surety, to pay the costs attending such appeal, if the matter shall be determined against the appellant; and the justices at such quarter sessions are hereby authorised to hear and determine such appeal, and to award costs, for or against the appellant, as they shall see just cause so to do; which determination shall be final, and shall not be removed by certiorari.” The 36 Geo. III. c. 10, s. 1, recites, "that of late several acts have been made for the better relief of the poor in particular incorporated discessary, although tricts; and that certain persons are therein appointed to assess the poor's rates in such places, but the money so to be raised is limited not to exceed a certain sum in one year; and that by reason of the late increase of the price of corn and other necessary articles of life, the amount of the assessments so limited are insufficient, and the expence of maintaining the poor since 1st January, 1795, had exceeded the whole amount of the rates which could be raised in the present year, whereby debts have been incurred, so that it is become necessary that the sums to be assessed should be enlarged;" and then enacts, "That it shall and may be lawful for the directors and acting guardians of the poor within any hundred, town, or district, in that part of Great Britain called England, incorporated by any act of parliament for the relief or maintenance and employment of the poor, or for any other persons, by whatsoever name they are called or described, to whom is given, by any such incorporating act, the power of appointing the sum or sums to be assessed on the several parishes, hamlets, or places within their respective hundreds, towns, or districts, for the maintenance of the poor, and other the purposes of such act, at any of their annual, quarterly, or other general meetings, whenever the average price of wheat at the corn market in Mark Lane, London, for the quarter immediately preceding such annual, quarterly, or other general meeting, shall have exceeded the average price of wheat at the same market during those years from which the average amount of the poor's rates was taken upon the passing of the several incorporating acts respectively, to assess the several parishes, hamlets, and places within their respective hundreds, towns, or districts, which now are or usually have been charged to the poor's rates, in such respective sums of money as the said directors and acting guardians, or such other persons as aforesaid, shall think necessary for defraying the expences attending the support and maintenance of the poor for the current quarter, and for paying the interest of the money borrowed and due by virtue of the said respective acts, and of any debts which may have been incurred since the first day of January, one thousand seven hundred and ninety-five, in the maintenance of the poor, and for other the purposes of the said acts, notwithstanding such sums of money so to be assessed should exceed the amount of the assessments limited by such respective acts of parliament to be assessed on the respective parishes, hamlets, and places within such incorporated hundreds, towns, or districts, in any one year: provided always, that the sums to be assessed, and the assessments to be made by virtue of this act, in each respective incorporated hundred, town, or district, shall be assessed, made, collected, and paid in the same manner, and subject to the same restrictions, regulations, limitations, and powers of appeal, and with the like powers and remedies for compelling payment thereof, as the sums to be assessed, and the assessments to be made, by virtue of the several incorporating acts, are by those respective acts directed to be assessed, collected, and made, within the several hundreds, towns, and districts respectively incorporated by those acts: provided also, that the sums to be assessed by virtue of this act, upon any parish, hamlet, or place, shall be in the same rates and proportions as the assessments which have hitherto been made and levied by virtue of the said act or acts incorporating the several hundreds, towns, or districts in which such parishes, hamlets, or places are respectively situated: and provided also, that, from and after the first day of January, one thousand seven hundred and ninety-eight, the sums to be assessed, by virtue of this act, on any parish, hamlet, or place, shall never exceed, in any one year, the amount of double the sum at present raised by virtue of any incorporating act now existing." The 52 Geo. III. c. 73, enacts “that so much of 36 Geo. III. c. 10, as limits or provides, that from and after the first day of January one thousand seven hundred and ninety-eight, the sums to be assessed by virtue thereof on any parish, hamlet, or place, shall never exceed, in any one year, double the sum then raised by virtue of any incorporating act then existing, shall be and is hereby repealed." By 49 Geo. III. c. 124, s. 5, reciting that whereas certain rules, orders, bye-laws, and regulations are appointed to be observed and enforced in every poorhouse established under the authority of 22 Geo. III.; and whereas it is expedient that such rules, orders, bye-laws, and regulations should be extended to poorhouses and workhouses established in other parishes; it is enacted, that any two or more of his Majesty's justices of the peace may at any petty sessions direct such rules, orders, bye-laws, and regulations, or any of them, to be observed and executed in any parishes within their respective divisions or districts, as fully as in those incorporated by the said act. 50 Geo. III. c. 50, s. 1, after reciting stats. 22 Geo. III. c. 83, and 49 Geo. III. c. 124, s. 5, and that it is expedient that the benefit of 22 Geo. III. c. 83, for the government of poorhouses and workhouses should be extended to parishes which shall not have adopted the provisions of the said acts, enacts, "that any two or more of his Majesty's justices of the peace, within their respective limits, may at any special session direct the rules, orders, and regulations, in the schedule to the said act of the 22 Geo. III. specified and contained, or any of them, with such additions as shall be made by such justices, to be observed and enforced in the workhouses or incorporated districts. Seventhly, Of poorhouses, or any houses set apart for that purpose, although there should be no master or mistress to superintend the same, of any parish or place within their respective divisions or districts, as fully and effectually as the rules and orders by the said act of the 22 Geo. III. established, are to be observed and enforced within the parishes adopting the provisions of the same act; and that it shall be lawful for two or more such justices in any special session, from time to time as they shall see occasion, to add to and alter the rules, orders, and regulations which shall at any special sessions have been made and ordered to be observed; provided that no addition or alteration to be made by such justices shall be contradictory to the rules, orders, and regulations established by the said act of the 22 Geo. III., and provided that the same shall not be repealed by the justices at their quarter sessions of the peace; and for enforcing and carrying into execution such rules, orders, and regulations in every parish and place where the same shall be established by virtue of this act, every justice of the peace shall for that purpose have the powers by the said act of the 22 Geo. III., vested in visitors of the poor; and all churchwardens and overseers within their respective parishes and townships, shall have and exercise the powers, and shall perform the duties by the same act vested in and imposed upon governors of the poor." Breach of rules under this act to be punished. By 50 Geo. III. c. 50, s. 5, " Any breach of the rules and orders to be put in force by virtue of this act, shall be punished in such manner as is by the said act directed for the breach of the rules and orders to be enforced under the before-recited act of 22 Geo. III. c. 83. [See 54 Geo, III. c. 170, s. 7, ante, p. 197.] Parishes not availing themselves of the 22 Geo. III. c. 83, are not compellable to erect workhouses, but may maintain and employ their poor at their own homes. Rex v. Wetherill, Cald. 432. Eighthly, Of relieving casual poor. 1. By whom to be relieved. It is contrary to the humane spirit of the English laws, that any individual shall be permitted to perish from starvation or want of medical assistance. Whoever is by sudden emergency or urgent distress deprived of the ordinary means of subsistence, has a right to resort for immediate relief to the overseers of the poor of the parish in which he may happen to be at the time when he is thus bereft of support, whether he has acquired a settlement there or not; and it is the bounden duty of the overseers immediately and without waiting for an order of relief, to render the necessary assistance in such cases. There is no statute in express terms to this effect, but it is clearly implied by various enactments regulating the mode of administering the parish funds, and authorising justices of the peace to enforce this obligation upon overseers when they refuse relief to destitute applicants. See 3 W. & M. c. 11; 9 Geo. I. c. 7; 36 Geo. III. c. 23; 55 Geo. III. c. 137; 59 Geo. III. c. 12. It is true that the parish upon which such demand is made, may in ordinary cases get rid of the burthen by an order of removal, when the pauper has a known settlement elsewhere. But relief in the mean time cannot lawfully be denied to the absolutely necessitous, and when the necessity arises from bodily accident, or any sudden calamity which renders the removal of the pauper dangerous or improper, the parish in which the accident has happened, must bear the charge of his support during his illness and until his recovery. See Tomlinson v. Bentall, post, 241. It will also happen in some instances that a person standing in need of parochial aid has no settlement, though born in England or Wales, or that his settlement cannot be discovered, in either of which cases he must be |