county, riding, city, or town-corporate, to which the said person shall be so removed) shall forfeit for each offence the sum of five pounds, to the use of the poor of the parish or town from which the said person was removed, to be levied by distress and sale of the offender or offenders' goods, by warrant under the hand and seal of any justice of the peace of the county, riding, city, or town-corporate, to which such person was removed, to the constable 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-corporate, 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." First, Enaet ments on the subject. 5 Geo. 2, c. 19. After 24th June, 1732, justices may rectify de fects of form on appeals, 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 judgments 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 respective 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 thirtytwo, upon all appeals to be made to the justices of the peace, at their respective general or quarter sessions, to be holden for any county, riding, city, liberty or precinct, within that part of Great Britain called England, against 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 thirteenth and fourteenth years of the reign of king Charles the Second, intituled, An act for the better relief of the poor of this kingdom; reciting, '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 endeavour to settle themselves in those parishes where there is the best stock, 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; for remedy whereof it is thereby, amongst other things, 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 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. 35 Geo. 3, c. 101. So much of recited act as enables justices to remove persons chargeable to parishes, repealed; and no permoved till they become charge likely to be sons to be re able. ments on the subject. 35 Geo. 3, c. 101. First, Enact apprentice, or servant, for the space of forty days at the least, unless he or they give sufficient security for the discharge of the said parish, to be allowed 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 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 beneficial 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 inhabit, 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." Justices may suspend the removal of sick persons. Charges incurred by such suspension to be paid by the officers of the parish to which they are ordered to be removed, which may be levied with costs. 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 the charges proved upon oath to have been incurred by such suspension of any order of removal, may, by the said justices, be directed to be paid by the churchwardens and overseers of the parish or place to which such poor person is ordered to be removed, in case any removal shall take place, or in case of the death of such poor person before the execution of such order; and if the churchwardens or overseers of the parish, township, or place, to which the order of removal shall be made, or any or either of them, shall, 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, by warrant under his hand and seal, to cause the money mentioned in such order to be levied by distress and sale of the goods and chattels of the person or persons so refusing or neglecting payment of the same, and also such costs attending the same, not exceeding forty shillings, as such justice shall direct; and if the parish, township, or place, to which the removal of such poor person is made, or was ordered to be made, before the death of such person as aforesaid, be without the jurisdiction of the justice of the peace issuing the warrant, then such warrant shall be transmitted to any justice of the peace having jurisdiction within such parish, township, or place as aforesaid, who, upon receipt thereof, is hereby authorised and required to indorse the same for execution: provided, nevertheless, that if the sum so ordered to be paid on account of such costs and charges, exceed the sum of twenty pounds, the party or parties aggrieved by such order may appeal to the next general quarter sessions against the same, as they may do against an order for the removal of poor persons by any law now in being; and if the court of quarter sessions shall be of opinion that the sum so awarded be more than of right ought to have been directed to be paid, such court may and is hereby directed to strike out the sum contained in the said order, and insert the sum which in the judgment of such court ought to be paid; and in every such case the said court of quarter sessions shall direct that the said order, so amended, shall be carried into execution by the said justices by whom the order was originally made, or either of them, or in case of the death of either of them, by such other justice or justices as the said court shall direct; provided that nothing in this act contained shall extend to alter or abridge the power of justices of the peace to pass or punish vagrants in the manner and under the circumstances set forth in an act, passed in the seventeenth year of the reign of his late majesty king George the Second, intituled, An act to amend and make more effectual the laws relating to rogues, vagabonds, and other idle and disorderly persons, and to Houses of Correction (except so far as regards the power of suspending the vagrant pass, in the manner and for the causes before mentioned)." Sect. 5. "That every person who shall have been convicted of larceny, or any other felony, or who by the laws now in being shall be deemed a rogue, vagabond, idle or disorderly person, or who shall appear to any two or more justices of the peace of the division wherein such person shall reside, upon the oath of one or more credible witness or witnesses, to be a person of evil fame, or a reputed thief, such person not being able to give a satisfactory account of himself or herself, or of his or her way of living, shall be considered as a person actually chargeable within the true intent and meaning of this act, to the parish in which such person shall reside, and shall be liable to be removed to the parish of his or her last legal settlement by the order of the said justices of the peace, whereof one to be of the quorum, of the division where any such person shall reside." Sect. 6. "That every unmarried woman with child shall be deemed and taken to be a person actually chargeable, within the true intent and meaning of this act, to the parish, township, or place, in which she shall inhabit, and may be removed as such to the place of her last legal settlement; and in case any order of removal obtained for such purpose shall be suspended for any of the reasons before mentioned, and during such suspension the said woman shall be delivered of any child, which by the laws of this kingdom shall be a bastard, every such bastard child shall be deemed and taken to be settled in the same parish, township, or place, in which was the legal settlement of the mother at the time of her delivery: provided nevertheless, that all act or acts heretofore made touching bastard children, or concerning the mothers or reputed fathers of such children, shall be, and remain in full force and effect after the passing of this act, as well in cases where by this act the place of settlement of such bastard children is directed to be the same as that of the mothers of such children, as in cases where the place of settlement of such bastard children remains the same as it did before the passing of this act." 49 Geo. III. c. 124, s. 1. 66 Whereas, by an act passed in the thirty-fifth year of the reign of his present majesty, intituled, An Act to prevent the Removal of Poor Persons until they shall become actually chargeable, it is First, Enact ments on the subject. 49 Gco. 3, c. 124. ed, any justice for the place may be executed, &c. amongst other things enacted, That in case any poor person shall 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 order the same to for him or her so to do, the justice or justices making such order of removal or granting such vagrant pass, are 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, and that the charges proved upon oath to have been incurred by such suspension of any order of removal, may, by the said justices, be directed to be paid by the churchwardens and overseers of the parish or place to which such poor person is ordered to be removed, in case any removal shall take place, or in case of the death of such poor person before the execution of such order: And by the same act it is further enacted, That in case of an appeal against any order for the payment of such charges, if the court of quarter sessions shall be of opinion that the sum so awarded be more than of right ought to have been directed to be paid, such court may and is thereby directed to strike out the sum contained in the said order, and insert the sum which in the judgment of such court ought to be paid; and in every such case the court of quarter sessions shall direct that the said order, so amended, shall be carried into execution by the said justices by whom the order was originally made, or either of them, or in case of the death of either of them, by such other justice or justices as the court shall direct: And whereas it is expedient that the power of putting an end to the suspensions of any such order of removal or pass, and of executing the several other authorities aforesaid, should not be confined to the order of the justice or justices making such order or pass; be it enacted, That from and after the passing of this act, in all cases wherever the execution of any order of removal or of any vagrant pass shall be hereafter suspended by virtue of the said recited act, it shall be lawful for any other justice or justices of the peace of the county or other jurisdiction within which such removal or pass shall be made, to direct and order that the same shall be executed, and to direct the charges to be incurred as aforesaid to be paid, and to carry into execution any such amended orders as aforesaid, as fully and effectually, to all intents and purposes, as the said respective powers and authorities can or may be executed by the said justices who shall make any such order of removal, or by the justice who shall grant any such pass as aforesaid.” How time of ap pealing shall be computed. Order of removal of sickness, may be extended to other persons of the family. Sect. 2. "That when the execution of any such order of removal shall be suspended, the time of appealing against such order shall be computed according to the rules which govern other like cases from the time of serving such order, and not from the time of making such removal under and by virtue of the same." Sect. 3. "And, in order to avoid any pretence for forcibly separating hussuspended in case band and wife, or other persons nearly connected with, or related to, each other, and who are living together as one family at the time of any order of removal made or vagrant pass granted, during the dangerous sickness or other infirmity of any one or more of such family, on whose account the execution of such order of removal or vagrant pass is suspended:' Be it enacted, That where any order of removal or vagrant pass shall be suspended by virtue of this or of the said recited act, on account of the dangerous sickness or other infirmity of any person or persons thereby directed to be removed or passed, the execution of such order of removal or vagrant pass shall also be suspended for the same period with respect to every other person named therein, who was actually of the same household or family of such sick or infirm person or persons at the time of such order of removal made, or vagrant pass granted." One magistrate may examine an infirm pauper as Sect. 4. "That whenever it shall happen that any pauper is by age, illness, or infirmity, unable to be brought up to the petty sessions to be to his settlement, examined as to his or her settlement, it shall be lawful for any one magistrate acting for the district where such pauper shall be, to take the exami and report to petty sessions. nation of the said pauper, and to report the same to any other magistrate or By section 20, it is enacted, That every person, who, under the provisions of that act, shall have been convicted as an idle and disorderly person, or as a rogue and vagabond, shall be deemed to be actually chargeable to the parish, township, or place, in which such person shall reside; and such person shall be liable to be removed to the parish of his or her last legal settlement, by the order of two justices of the peace of the division or place in which such person shall reside. (Secondly)-Who may be Removed, This head may be subdivided as follows: 1. Of Removal of Paupers Generally. 2. Of Removal of the Wife. 3. Of Removal of Children. 4. Of Removal of Servants. 5. Of Removals under 35 Geo. III. c. 101, s. 6, of Women with Child. 6. Of Removal of Casual Poor. 7. Of the Removal of Poor Persons born in Scotland, &c. 8. Of Soldiers, &c. 1. Of Removal of Paupers Generally. Secondly, Who may be removed. rally. Rex v. Saighton-on-the-Hill, 2 B. & A. 162. Removal from the parish 1. Of removal of of St. Bridget, Chester, to the township of Saighton-on-the-Hill, in the paupers gene. county of Chester. The sessions confirmed the order, subject to the opinion where the pauof the Court of King's Bench on the following case:-The pauper, Joseph per had been a Gill, being a settled inhabitant of the township of Saighton-on-the-Hill, settled inhabitant about twenty years ago acquired a subsequent settlement, by renting a tene- of A., and had ment in the township of Gloverstone, in the parish of St. Mary-on-the-Hill, subsequently ac in the city of Chester, in which parish there are several townships, each quired a settle. in the township ment in the |