VII. Forms

of proceedings against paupers.

his Majesty's justices assigned to keep the peace of our said lord the King, in and for the said county of Middlesex, of being an idle and disorderly person, within the true intent and meaning of the statute in such case made and provided, for that the said G. H., by an order under the hands and seals of J. P. and K. P., esquires, two of his Majesty's justices of the peace in and for the been removed said county, dated the day of was, on the day of by order of two last, removed from and out of the said parish of in the said county of justices, against Middlesex, where he was then actually chargeable to the parish of in the vagrant act, the county of the place of his last legal settlement, against which 5 Geo. 4, c. 83, said order of removal no appeal was made to the then next quarter sessions s. 3. (a) of the peace for the said county of Middlesex, or to any other sessions; and that he, the said G. H., hath unlawfully returned from the said parish of to the said parish of from whence he was so legally removed by order of two justices as aforesaid, and is there become chargeable without bringing a certificate from the parish whereunto he belongs, of which he is duly convicted as aforesaid before me, the said justice, upon the oath of one of the overseers of the poor of the said parish of a credible witness [as also upon the confession of the said G. H. when he has so confessed]. These are, therefore, to command you, the said constable, to carry the said G. H. to the said house of correction, and him to deliver to the keeper thereof, together with this warrant. And I do hereby command you, the said keeper, to receive the said G. H. into your custody in the said house of correction, and him there safely to keep to hard labour for the space of [say one month, or not less than seven days, as the case may be]. And for so doing, this shall be your sufficient

warrant.

Given under my hand and seal, at this day of

in the said county of Middlesex,
one thousand eight hundred and
J. P. (L. S).

to wit.

The examination of L. M., a rogue and vagabond, taken on oath before me, A. B., esquire, one of his Majesty's justices of the peace in and for the county of the day of in the year of our Lord one thousand eight hundred and thirty-one, who on his oath saith that he was born at [and so trace out the history of his life so far forth as to ascertain his last legal place of settlement.]

214. Examination of a vagrant on stat. 5 Geo. 4, c. 83, s. 4.

To the Constable of

House of Correction at

in the county of
and to the Keeper of the 215. Commit-
in the said county.

at

day of

Whereas A. B. was this day duly convicted before me, J. C., esquire, to wit. S one of the justices of o our lord the King, in and for the county of as a rogue and vagabond, [or of being an idle and disorderly person, as the case may be] for that he, the said A. B., on the in the year of our Lord one thousand eight hundred and in the parish of in the said county, did, [here state the act of vagrancy of which the offender is convicted] contrary to the form of the statute in such case made and provided, and was by me adjudged to be committed for the said offence to the house of correction, there to be kept to hard labour for the space of These are therefore to command you, the said constable, to convey the said A. B. to the said house of correction, and him to deliver to the keeper thereof, together with this warrant, and I do hereby command you, the said keeper, to receive the said A. B. into your custody in the said house of correction, and him there safely keep to hard labour for the space of [if the commitment be to the next sessions, say until the next general or quarter sessions of the peace, to be holden at in and for the said county of there to be further dealt with according to law, and have you him then there, together

then and

ment of a rogue
and vagabond,
under stat. 5
Geo. 4, c. 83,
s. 4.

(a) The 17th section of the act gives the form of conviction.

with this precept, or until he, the said A.B., shall be discharged by due course of law,] and for so doing this shall be your sufficient warrant.

Given under my hand and seal at

day of

in the

in the said county of

this

year of the reign of his Majesty King George the Fourth, and in the year of our Lord one thousand eight hundred and

A. B. (L. S.)

216. Recogni

S Be it remembered that on the

day of

in the

year of the

in the sai

to wit.reign of our lord George the Fourth, of the United Kingdom of Grea
Britain and Ireland, King, defender of the faith, A. B., of
county of
personally came before me, Y. Z., esquire, one of the justices
our said lord the King, assigned to keep the peace in and for the county of
and acknowledged himself to owe to our said lord the King, the sum of
pounds of good and lawful money of Great Britain, to be made and
levied of his goods and chattels, lands and tenements, to the use of our said lord
the King, his heirs and successors, if he, the said A.B., shall fail in the conditia
underwritten.

The condition of this recognizance is such that if the above bound A. B. sha
personally appear at the next general [or quarter] sessions of the peace to
holden at
in and for the said county, and then and there prosecute and
give evidence against C. D. for [here state the act of vagrancy for which te
offender is committed] and shall not depart the court without leave thereof, thes
the above written recoguizance to be void, or else to remain in full force.

Taken and acknowledged the day and year first above written, before me,

Y. Z.

INDEX.

[N. B. When a reference is made to another title, and a figure annexed, the figure
denotes the division of that title, in which the subject matter will be found. e. g.
Under title "Direction," there is a reference to " Certificate (3)." By looking to title
Certificate," the Index refers to the third division of the subject " Certificate."]

"

* A.

ACCIDENT.

In a parish, makes a pauper casual poor there, 238. See CASUAL POOR.
Master not liable in case of accident for his servant's support, 239.
Pauper meeting with, irremovable during illness, 234, 735, 736.
Does not dissolve a contract of hiring, 388.

Not sustainable for a poor rate, 150, 151, 152, 153, 154, 155, 156, 157.
Nor for balance in overseer's hands, 261, n.

Justices and overseers may plead general issue, &c., 29.

exemplification, ib.

a copy of the act book, ib.

Sole right to, when and where it will not confer a settlement by estate, 599, 600.
See ESTATE, (4.)

Consent may be given to apprentice serving another, by administrator, 501.

ADMISSION.

By a rated inhabitant against his interest, admissible evidence, 803.
Appendix to, 793.

AFFIDAVITS.

Received by K. B. on question of vill or not a vill, 10.
AFTERMATH.

Let out are rateable, 84. See RATE, (9.)

AGISTMENT.

The persons who take in cattle are ratcable, 84.

AID. See "TAXING IN AID."

ALDERMAN.

Of London may do within his ward all two justices may do, under 43 Eliz. c. 2, 6.
ALETASTER.

Serving office of, gives a settlement, 643.

ALICE HOLT FOREST, IN BINSTED PARISH.

No settlement can be gained by residence there in any house, or by hiring and
service, for preservation of woods or game, 318.

ALLOWANCE BY JUSTICES.

Of rate, 132.

Form of, ib.

Of overseers' accounts, 251, 256.

Form of, 258, and appendix.

Of parish indentures to be under hand, 482.

Of other indentures, where any expence incurred by parochial funds, under hand
and seal, 482, 483.

Of certificate, 662, 673. See CERTIFICATE, (5.)

ALMSHOUSES.

Are rateable, if there is a beneficial occupier, 52, 53. See RATE.

AMBASSADOR.

Goods of a servant, not residing with his master, may be distrained for poor rate,
154.

AMENDMENT.

Defects of form in orders of justices may be amended by sessions on appeal,
782, 783.

Amendment of rates, 140.

ANCIENT DOCUMENTS.

Documents thirty years old, coming from proper custody, prove themselves, 800.

ANNUAL.

Annual profit not the criterion of rateability, 101.

But profit communibus annis, ib.

Principle applicable to Underwood, ib.

To docks, 100.

Value of tenement calculated on an annual, not a weekly letting, 567.

ANNUITIES, BANK.

Not rateable, as money out at interest under a local act, 67, 68.

ANNUITANT.

Residence by, on the estate on which annuity charged, gives no settlement, 591.

APPEAL.

Against any neglect or illegal act of overseers or justices, 140.
No appeal necessary against an order which is a nullity, 26.
Appeal to the next practicable sessions, ib.

From towns corporate not having six justices must be to the county sessions, 140,
142, 145.

Must be adjourned, if sufficient notice not given, 770, 771.

May be entered, though order abandoned, 767.

Against appointment of overseers, 27. See OVERSEERS.

Accounts of overseers, persons having material objections may, 265.

Stranger cannot, 272.

Notice in writing and the grounds required to be stated, 141, 271.

Not allowed against order of relief, 189, 190. See RELIEF, order of.
Allowed against rate, 139. See RATE, (11.)

So also against distress for rate, 150.

Allowed against order of removal, 761.

suspended order, 755, 756. See REMOVAL, (7.)
In what cases notice and grounds of appeal required, 271.
Adjournment of. See REMOVAL, (4.)

An infant may bind himself, 455.

And at seven years of age, 456.

Age of fitness question for discretion of justices, 457.

Any deed by which an infant, under eight, is bound to a chimney-sweeper,
is void, 431, 432, 457.

An infant may be master, 458.

Master's condition immaterial, ib.

So also his right to have an apprentice, ib.

Any person now may take apprentice, 444.

It is immaterial that the master was fraudulently imposed on the justices, 458,
459.

The apprentice may be bound to two masters consecutively by the same deed,

459.

The apprentice must be a party to the deed, though an infant, ib.

Adoption is not tantamount to execution, 460.

A father, at common law, has no authority to bind his son without his con-
sent, ib.

4. Execution of Instrument.

Master need not execute if apprentice bound, 462.

Where apprentice put out by trustees under a will, they need not execute, 480.
Nor guardians of the poor, 462.

Proof of, 832.

5. Time.

If for less than seven years. 462.

For unlimited time it is voidable only, and not by a third person, ib.

6. Premium and Stamp thereon.

Statutes relating to, 425, 426.

One duty only payable now under 55 Geo. III. c. 184, 463.

Schedule of stamps, 446.

A duty is payable by 8 Anne on every sum given or contracted for a relation to
apprentice, 426.

And where any thing, not money, is given or contracted for, a duty is charge-
able on its value, 429.

No duty is payable where the consideration is 6d., 464.

Duty paid on sum inserted, which was greater than the sum paid, is sufficient, 469.