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Twelfthly, of it seems reasonable that the acquiescence in, or submission to, an order of settlement by removal, by the parish against whom it is made, should be treated as, at least, acknowledge equally conclusive. It is an adjudication by a competent legal authority, ment, &c.

(the magistrates) of the fact that the pauper is settled in the place to which the removal is directed to be made, and although such an adjudication may be disputed upon appeal, yet if the party whose interest it is does not in due form put its correctness in issue, the legitimate inference is, that it cannot be set aside or reversed.—Mr. Justice Buller says, “ There is no proposition in the law of settlements more clear than this, that an order of removal unappealed against is conclusive against all the world.See Rex v. Kenilworth (post.) But it is only decisive of the question, up to the time when it is made ; it has no effect prospectively ; the pauper may acquire a settlement elsewhere immediately afterwards, and if he does, upon proof thereof, the order of removal unappealed against is no longer in force. The decisions upon which this plain and simple rule of law is founded, and the requisites of such an order, to make it effectual for this purpose, will necessarily be given under the general title “Of Removals,” and need not therefore be inserted here. (See the division “ Seventhlyof the effect of an order of removal upappealed against," (post).]

VI. Of Removals. The authority of the magistrates to remove paupers to the place of their settlement is given by statute, and must be exercised according to the prescribed regulations, some of which relate to the form of the order itself. And though so strict an observance of them is not necessary, as the sessions, in case of appeal, are empowered by 5 Geo. II. c. 19, s. 1, to amend defects of this description, yet, in matters of substance, correctness is essential, as errors of this kind cannot be aided or remedied in like manner. Besides, it will sometimes be doubtful whether the particular defect complained of, be one of form only, or of substance, the line of distinction not being very obvious in the statute, nor very accurately marked by any of the cases, so as to afford a sure guide upon all occasions. Hence, the importance of correctness in both respects becomes apparent.

Although the enactments on this subject, or many parts of them, have
already been given in different parts of this volume, it will be convenient
to collect them together in this place, and then to shew under what circum-
stances poor persons are removable; and, lastly, the method of proceeding,
in cases of removal, with the requisites of the order for that purpose.
The general division will be as follows:

First, Enactments on the Subject.
Secondly, Who may be Removed.
Thirdly, of the Order of Removal, Suspension, and Execution thereof.
Fourthly, of Persons returning after Removal.
Fifthly, Order of Removal of one Certificated.
Sixthly, Appeal against an Order of Removal.
Seventhly, Effect of an Order Unappealed against.
Eighthly, Effect of Quashing or Confirming an Order.
Ninthly, of Amendments by Sessions.
Tenthly, Power of Sessions in Orders of Removal.

13 & 14 Car. II.

increase of poor.

(First)—Enactments on the Subject. The 13 & 14 Car. II. c. 12, s. 1, enacts as follows:-“Whereas the First, Enact. necessity, number, and continual increase of the poor, not only within the ments on the cities of London and Westminster, with the liberties of each of them, but subject. also through the whole kingdom of England, and dominion of Wales, is very great and exceeding burthensome, being occasioned by reason of some c. 12. defects in the law concerning the settling of the poor, and for want of a due The

occasion of provision of the regulations of relief and employment in such parishes or places where they are legally settled, which doth enforce many to turn incorrigible rogues, and others to perish for want, together with the neglect of the faithful execution of such laws and statutes as have formerly been made for the apprehending of rogues and vagabonds, and for the good of the poor: For remedy whereof, and for the preventing the perishing of any of the poor, whether young or old, for want of such supplies as are necessary, be it enacted, That whereas, by reason of some defects in the law, poor people are not restrained from going from one parish to another; and, therefore, do Poor people endeavour to settle themselves in those parishes where there is the best stock, parish to anothor. the largest commons or wastes to build cottages, and the most woods for them to burn and destroy, and, when they have consumed it, then to another parish, and at last become rogues and vagabonds, to the great discouragement of parishes to provide stocks, where it is liable to be devoured by strangers; be it therefore enacted, That it shall and may be lawful, upon complaint made by the churchwardens or overseers of the poor of any parish, to any justice of peace, within forty days after any such person or persons coming so to settle as aforesaid, in any tenement under the yearly value of

coming to any tenement under

2, c. 17, s. 3; 3 &

S. 3.)

First, Enact- ten pounds, for any two justices of the peace, whereof one to be of the ments on the quorum, of the division where any person or persons that are likely to be subject.

chargeable (a) to the parish shall come to inhabit, by their warrant, to remove How to be settled,

and convey such person or persons to such parish where he or they were last legally settled, either as a native, householder, sojourner, apprentice, or

servant, for the space of forty days at the leasi, unless he or they give suffiten pounds yearly cient security for the discharge of the said parish, to be allowed by the said (Altered and ex: justices.” plained by 1 Jac.

The 13 & 14 Car. II. c. 12, s. 3, provides, “That (this act notwithstanding) Aw. & M.C.11, it shall and may be lawful for any person or persons to go into any county,

parish, or place, to work in time of harvest, or at any time to work at any Persons going to other work, so that he or they carry with him or them a certificate from the work in liarvest. minister of the parishı, and one of the church wardens and one of the over

seers for the poor for the said year, that he or they have a dwelling-house or place in which he or they inhabit, and hath left wife and children, or some of them there, (or otherwise as the condition of the persons shall require), and is declared an inhabitant or inhabitants there: and in such case, is the person or persons shall not return to the place aforesaid, when his or their work is finished, or shall fall sick or impotent whilst he or they are in the said work, it shall not be accounted a settlement in the cases abovesaid, but that it shall and may be lawful for two justices of the peace to convey the said person or persons to the place of his or their habitation, as aforesaid, under the pains and penalties in this act prescribed : And if such person or persons shall refuse to go, or shall not remain in such parish where they ought to be settled, as aforesaid, but shall return of his own accord to the parish from whence he was removed, it shall and may be lawful for any justice of the peace of the city, county, or town corporate, where the said offence shall be committed, to send such person or persons offending to the house of correction, there to be punished as a vagabond, or to a public workhouse in this present act hereafter mentioned, there to be employed in work or labour; and if the church wardens and overseers of the poor of the parish to which he or they shall be removed, refuse to receive such person or persons, and to provide work for them, as other inhabitants of the parish, any justice of peace of that division may and shall thereupon bind any such oflicer or officers in whom there shall be default, to the assizes or sessions,

there to be indicted for his or their conteinpt in that behalf.” i Jas. 2. c. 17. By the 1 Jas. II. c. 17, s. 3, the forty days continuance in a parish intended

by the above act, was to be reckoned from the delivery of notice in writing, potice in writing. by the person coming to settle, of the house of his abode, and the number

of his family, to one of the church wardens or overseers of the parish to which he shall so remove.

And by the 3 & 4 W. & M. c. 11, s. 3, it was further required, that the church warden or overseer should cause such notice to be read on the next Lord's day, immediately after divine service in the church or chapel of the parish, and that the forty days to make a settlement should be accounted

from such publication. 3 & 4 W.3, c. 11. These provisions as to notices were in effect abrogated by the 35 Geo. III.

c. 101, s. 3, which enacts, that no person corning into any parish, township, or place, shall, from the passing of this act, be enabled to gain a settlement therein, by delivery and publication of notice in writing.

And the 3 W. & M. c. 11, s. 10, provides a more summary remedy, as follows: “: That if any person be removed by virtue of this act from one county, riding, city, town-corporate, or liberty, to another, by warrant under the hands and seals of two justices of the peace, the church wardens or overseers of the poor of the said parish or town, to which the said person shall be so removed, are hereby required to receive the said person, and if he or they shall refuse so to do, he or they so refusing or neglecting (upon proof thereof by two credible witnesses upon oath before any justice of the peace of the

Settlement to be accounted from

(4) See the alteration of the law in this respect by 35 Geo. III. c. 101, post, 707, 703.

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5 Geo. 2, c 19.

county, riding, city, or town-corporate, to which the said person shall be first, Enaet.
so removed) shall forfeit for each offence the sum of five pounds, to the use ments m the
of the poor of the parish or town from which the said person was removed, sutject.
to be levied by distress and sale of the offender or offenders' goods, by war-
rant under the hand and seal of any justice of the peace of the county, rid-
ing, city, or town-corporate, to which such person was removed, to the con-
stable of the parish or town where such offender or offenders dwell; which
warrant the said justice is hereby impowered and required to make; the
overplus, if any be, to be returned to the owner or owners; and for want of
such sufficient distress, then the said justice shall commit the said offender or
offenders to the common gaol of the said county, riding, city, or town-cor-
porate, or liberty, there to remain without bail or mainprize for the space of
forty days:" Provided always, and be it hereby enacted, “ That all such
persons who think themselves aggrieved with any such judgment of the said
two justices, may appeal to the next general quarter sessions of the peace to
be held for the county, riding, city, town-corporate or liberty, from which
the said person was so removed.”

The 5 Geo. II. c. 19, s. 1, which gives the sessions power to amend defects
of form in orders of removal, is as follows :-“Whereas in many cases his
Majesty's justices of the peace by law are empowered to give or make judg-
ments or orders, great expences have been occasioned by reason that such
judgments or orders have, on appeals to the justices of the peace at their re-
spective general or quarter sessions, been quashed or set aside upon exceptions
or objections to the form or forms of the proceedings, without hearing or
examining the truth and merits of the matter in question between the parties
concerned: therefore, to prevent the same for the future, be it enacted, That
after the twenty-fourth day of June, one thousand seven hundred and thirty- After 24th June,
two, upon all appeals to be made to the justices of the peace, at their respec-

1732, justices tive general or quarter sessions, to be holden for any county, riding, city, fects of form on

may rectify de liberty or precinct, within that part of Great Britain called England, against appeals, judgments or orders given or made by any justices of the peace as aforesaid, such justices so assembled at any general or quarter sessions shall, and they are hereby required from time to time, within their respective jurisdictions, upon all and every such appeals so made to them, to cause any defect or defects of form that shall be found in any such original judgments or orders, to be rectified and amended without any cost or charge to the parties concerned, and after such amendment made shall proceed to hear, examine, and consider the truth and merits of all matters concerning such original judgments or order, and likewise to examine all witnesses upon oath, and hear all other proofs relating thereto, and to make such determinations thereupon and may proceed as by law they should or ought to have done, in case there had not been such defect or want of form in the original proceeding ; any law, usage, or custom to the contrary notwithstanding.”.

By 35 Geo. III. c. 101, s. 1. “ Whereas by an act, passed in the thir- 35 Geo. 3, c. 101. teenth and fourteenth years of the reign of king Charles the Second, inti- cited act as en: tuled, An act for the better relief of the poor of this kingdom ; reciting, That ables justices to whereas, hy reason of some defects in the law, poor people are not restrained remove persons from going from one parish to another, and therefore do endeavour to settle chargeable to themselves in those parishes where there is the best stock, the largest parishes, repealcommons or wastes to build cottages, and the most woods for them to burn ed; and no perand destroy; and when they have consumed it, then to another parish, and at moved till they last become rogues and vagabonds, to the great discouragement of parishes become chargeto provide stocks where it is liable to be devoured by strangers; for remedy. whereof it is thereby, amongst other things, enacted, That it shall and may be lawful, upon complaint made by the church wardens or overseers of the poor of any parish, to any justice of the peace, within forty days after any such person or persons coming so to settle as aforesaid, in any tenement under the yearly value of ten pounds, for any two justices of the peace, whereof one to be of the quorum, of the division where any person or persons that are likely to be chargeable to the parish shall come to inhabit, by their warrant, to remove and convey such person or persons to such parish where he or they were last legally settled, either as a native, householder, sojourner,

to determine
them.

able.

First, Enact. apprentice, or servant, for the space of forty days at the least, unless he or ments on the they give sufficient security for the discharge of the said parish, to be allowed subject. by the said justices: And whereas many industrious poor persons, chargeable

to the parish, township, or place where they live, merely from want of work 35 Geo. 3, c. 101. there, would, in any other place where sufficient employment is to be had,

maintain themselves and families without being burthensome to any parish, township, or place; and such poor persons are for the most part compelled to live in their own parishes, townships, or places, and are not permitted to inhabit elsewhere, under pretence that they are likely to become chargeable to the parish, township, or place, into which they go for the purpose of getting employment, although the labour of such poor persons might, in many instances, be very heneficial to such parish, township, or place: And whereas the remedy intended to be applied thereto, by the granting of certificates, in pursuance of the act passed in the eighth and ninth years of the reign of king William the Third, intituled, An act for supplying some defects in the laws for the relief of the poor of this kingdom, hath been found very ineffectual ; and it is necessary that other provisions should be made relating hitherto:' Be it therefore enacted, That, from and after the passing of this act, so much of the said in part recited act of the thirteenth and fourteenth years of king Charles the Second, as enables the justices to remove any person or persons that are likely to be chargeable to the parish, township, or place, into which they shall come to ivhabit, shall be, and the same is hereby repealed; and that from henceforth no poor person shall be removed, by virtue of any order of removal, from the parish or place where such poor person shall be inhabiting, to the place of his or her last legal settlement, until such person shall have become actually chargeable to the parish, township, or place, in which such person shall then inhabit, in which case two justices of the peace are hereby empowered to remove the person or persons, in the same manner, and subject to the same appeal, and with the same powers, as might have been done before the passing of this act with respect to persons likely to become chargeable.”

Sect. 2. “And whereas poor persons are often removed or passed to the place of their settlement during the time of their sickness, to the great danger of their lives; for remedy thereof, be it further enacted by the authority aforesaid, That in case any poor person shall from henceforth be brought before any justice or justices of the peace, for the purpose of being removed from the place where he or she is inhabiting or sojourning, by virtue of any order of removal, or of being passed by virtue of any vagrant pass, and it shall appear to the said justice or justices that such poor person is unable to travel, by reason of sickness or other infirmity, or that it would be dangerous for him or her so to do, the justice or justices making such order of removal, or granting such vagrant pass, are hereby required and authorised to suspend the execution of the same until they are satisfied that it may safely be executed, without danger to any person who is the subject thereof; which suspension of, and subsequent permission to execute the same, shall be respectively indorsed on the said order of removal, or vagrant pass, and signed by such justice or justices; and no act done by any such poor person continuing to reside in any parish, township, or place, under the suspension of any such order, shall be effectual, either in the whole or

in part, for the purpose of giving him or her a settlement in the same: and Chau ges incurred the charges proved upon oath to have been incurred by such suspension of by such suspen

any order of removal, may, by the said justices, be directed to be paid by the by the officers of church wardens and overseers of the parish or place to which such poor the parish to person is ordered to be removed, in case any removal shall take place, or in which they are ordered to be re

case of the death of such poor person before the execution of such order; moved, which and if the churchwardens or overseers of the parish, township, or place, to may be levied which the order of removal shall be made, or any or either of them, shall

, with costs.

upon the removal or death of such poor person, ordered to be removed, refuse or neglect to pay the said charges within three days after demand thereof, and shall not within the same time give notice of appeal as is hereinafter mentioned, it shall and may be lawful for one justice of the peace, hy warrant under his hand and seal, to cause the money mentioned in such

Justices may suspend the removal of sick persons.

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