Page images


Appeal against Allowance or Disallowance. See APPENDIX OF Forms.
Persons having material objections to accounts may appeal, 265; mere stranger

cannot, 272.
Where by local act an appeal is given first to the governors, an appeal at once

to the sessions cannot be made, 266.
Where each overseer keeps a separate account, one overseer may appeal against

the accounts of another, (1 B. & Ad. 1,) 266.
The appeal to be to the next practicable sessions after allowance, 267.
Where the allowance was too late to admit of effective notice, the appeal may

be to the following sessions, 269, 270.
Justices may adjourn the appeal, though respondent object, 268, 270.
Accounts must be allowed by two justices before appeal, 268, but not at special

sessions, 255.
Decision of sessions on appeal by overseer final, and no certiorari can issue,

269 ; secus as to other persons, ib.
Sessions may order.
Costs of appeal against disallowance of account to be paid out of poor rate,

268, 269,
Appeal, Notice of.

Must be in writing and state the grounds, 141, 271.
Enumeration of items not sufficient, 271.
Where notice defective, agreement by attorney not in court, to waive it, is not

sufficient, 271.
The notice need not state that the appellant is grieved, 272.
If not grieved, the sessions may refuse to hear it, ib.


Rateable at home, the owner being resident there, 113.

Of sufficient ability, bound to maintain their children, 163. See RELIEF.

A child follows his father's settlement, 289.
Acquired after birth, if not emancipated, ib.
So also if bis father has been attainted, ib.

or been discharged under sign manual, ib.
Posthumous child follows father's settlement, ib.
Father's settlement preferred to the mother's, 290.
And the father's mother's to the mother's, ib.
Proof of father's settlement sufficient on removal of a pauper, ib.
No settlement can be derived from the mother whilst father is living, 291.
If his settlement is known, ib.
Secus if it is unknown, or he is a foreigner, ib.
Or mother married to an Irishman, &c., ib.
Child follows mother's settlement acquired after the father's death, ib.

Unless acquired by marriage, 292.

Definition of, 6, 7.
By reputation, before 43 Eliz., 7.
Extending into two counties, or liberties, overseers to act throughout, 133.
Justices to intermeddle only within their jurisdiction, 6.
Separate rates, and a chapel before 43 Eliz. without other parochial rights, will not

make a, 7, 8.
Must have existed, as such, in 43 Eliz. to be within the act, 7.
What is evidence of not being able to have the benefit of that act, 18, 20.
May re-unite after separation, 17 to 20.
May divide itself into districts, ih, n.
More than two may unite for the purpose of being a common poor house, 183,

186. See Poon-HOUSE.



Overseers may regain possession of, by order of justices, 39. See OVERSEE

Is an office within 3 & 4 W.& M. c. 11, s. 6, being a freehold, 637,645.

But he must be placed therein by some one having authority. ADDENDA, 853.

Copy of, admissible to prove births, marriages and burials, 796.

Per se no evidence of place of birth, 805.

Residence by one, makes his share only in the stock in trade rateable, 116.

If none resident, no part is liable, 117.

Of persons born in Scotland, Ireland, Jersey, Guernsey, and Isle of Man, 728.

Exclusive right of, a tenement, under 13 & 14 Car. II. 536, 537.

Fed, (if this part of the contract,) cows are also a tenement, 536, 537,538.
PAUPERS. See Poor, WORKHOUSE, RenovaL, &c.

Of run-aways deserting wife or children, may be paid to overseers, 181.

As to its rateability, and the difficulty attending it. See RATE (5.)

Lessee of, in market, is rateable, 104.

In a mill are chattels, and their value not included in value of tenement, 5:39.

Adjudication of a parish as last place of settlement, is bad, 749.
POOR, CASUAL. See Casual Poor.

Overseers may build house, or enlarge suitable tenement, 190, 191, and sell

insufficient workhouse, 191.
By 43 Eliz.c. 2.. they may purchase or hire any house in the same parish, 185.
If parish too small to do it, two or more may join, ib.
No settlement gained by residence in such house, ib.
Poor refusing to be lodged in such house not entitled to relief, ib.
No contract to lodge poor valid unless the contractor reside in the parish, 186.
Or in one of united parishes, ib.
Responsible householder in the parish to give security for the contractor, ib.
Security not vacated by removal of contractor, ib.
Contract to be approved by two justices, ib.

to determine by removal of contractor from the parish, ib.
Contractors amenable to justices, as overseers, 186, 187.
Notice of intended contracts for building to be given, 187.
Person misbehaving or refusing to work, &c. in workhouse, may be committed for

twenty-one days, 199.
Property in goods, &c. provided for the poor, vested in overseers, 197.
In any return or indictment, goods may be described as their property, ib.
Such goods, &c. to be marked, ib.
Persons receiving, buying, or taking to pawn property or provisions provided for

poor, or defacing marks, to forfeit less than 51. and more than 11., ib.
Persons deserting workhouse and carrying away goods, liable to be committed, ib.
Mark authenticated evidence of property, ib.


Mark not to be visible on the exterior, 197.
Conviction, form of by statute, 199.
Enactments in local acts since 1 Geo. I. varying the general poor law, re-

pealed, ib.
Advantages of workhouses explained, 200.
Sale or use of spirits therein prohibited, 201.
Relief to Prisoners on Mesne Process in Gaols not County Gaols.
Persons under mesne process may be relieved in such gaol by order of a

justice, 201.
Relief not to exceed 6d. per diem, ib.
Settlement of debtor to be ascertained, ib.
Order of removal to be made and suspended during debtor's confinement, ib.
Suspension not to be indorsed, ib.
Copy to be served on the other parish, ib.
Overseers of proper parish shall repay the relief given, 202.
Appeal within twenty-one days after demand, ib.; if same exceeds 51. ib.; sessions

may reduce it, ib.
If poor debtor has no legal settlement in England or Wales, the relief shall be

paid by the parish where gaol is, which shall be reimbursed by the county, ib.
Forms relating to Relief of Poor. See Appendix of Forms.

Oath of pauper to obtain relief, 203.
Warrant thereon to summon overseers,
Order of relief or maintenance, 203.
Contract for maintenance, ib.



Of parish houses, &c., how recovered, 39.
After, for twenty years, a title is inferred from the commencement, 616.

I. Relating to Overseers, Assistant Overseers, and Guardians, 861.

1. Warrant for returning lists of overseers, 861.
2. The high constable's warrant to the petty constable, ib.
3. Notice of holding a vestry for nomination of overseers, 862.
4. The return or nomination to be made by the vestry to the magistrates, ib.
5. The nomination by the vestry to the magistrates of non-resident persons to

be overseers, ib.
6. Usual appointment of overseers for a parish township, &c., ib.
7. Appointment where one of the overseers is a non-resident, 863.
8. Appointment of overseers with printed instructions at foot, ib.
9. The instructions so referred to, ib.
10. Form of nomination by vestry of an assistant overseer, 866.
11. Bond from assistant overseer when appointed by select vestry, 867.
12. Form of appointment of assistant overseer, ib.
13. Mandamus to justices to appoint overseer, 868.
14. Mandamus to the governors and guardians to call a vestry to nominate

governors, and prepare list for overseers, 869,
15. Notice of appeal to the sessions against an appointment of an overseer,

16. The other forms and proceedings on such notice of appeal, 871.
17. Notice to be given by overseers to obtain possession, ib.
18. Information of overseer for not quitting pursuant to notice, ib.
19. Summons thereon, ib.

20. Warrant thereon to give possession, ib.
II. Forms relating to Poor Rates, ib., 871.
21. Certificate of guardians to magistrates under local act of rate necessary to

be made for the use of the poor of the parish, ib.
22. Justices' order thereon to churchwardens and overseers to make rate accord-

ingly, 872.
23. Public notice in church of intention to make a poor rate, ib.
24. Consent to a rate made at vestry signed by inhabitants, 873.
25. Usual form of a rate for relief of poor in a country parish, ib.


11. Forms relating to Poor Rates-continued.
26. Assessment on a gas company for land, houses, warehouses and buildings,

and main and pipes, and apparatus for conveyance of gas, fixed in the

ground, 873.
27. Form of rate in London, 874.
28. The usual form of allowance by justices of a rate, ib.
29. Notice of publication of a rate in parish church, ib.
30. Attestation by the minister, 875.
31. Another more concise form, ib.
32. Demand of inspection of rate and of a copy thereof, ib.
33. Declaration for the twenty pounds' penalty for not permitting inspection or

giving copy of a rate, ib.
34. The usual notice of appeal against a poor rate to the church wardens and

overseers, and to persons under-rated, dic., ib.
35. Notice of appeal against poor rates, 876 ; the like under local acts, ib.
36. Petition of appeal against a poor's rate, 878.
37. Order for hearing appeal, appointing time, &c., ib.
38. Notice of trial of an appeal against poor's rate several times respited,879.
39. A full notice by several persons of prosecuting an appeal against a poor's

rate, stating several objections to overseers and others either not rated or

under-rated, ib.
39. Notice to produce, 880.
40. Notice of trial of an appeal against poor's rate, (enumerating grounds of

appeal,) ib.
41. Another form of notice of trial of an appeal against a poor's rate-eight

several grounds of appeal,) 881.
42. Form of a separate notice to respondents to produce on trial of appeal

against poor's rates the rate books, &c., 882.
43. Order of sessions on hearing appeal confirming on principle a rate on gas

pipes laid in ground, and referring to barrister to fix the proper amount of

rate on gas company and others, ib.
44. Entry of proceeding on an appeal at sessions against a rate and order

thereon, subject to a case for opinion of court of King's Bench, 884.
45. Case stated 'of opinion for court of King's Bench as to validity of poor's
46. A summons of one justice to shew cause why a person does not pay poor's

rate, ib.
47. A form of a distress warrant thereon for poor's rate where defaulter has

appeared to summons, ib.
48. Information by overseer against several persons for not paying poor's rate,

made before two justices, 885.
49. Summons thereon by the magistrates to shew cause why party neglects to

pay poor's rate, ib.
50. The like information against several persons for non-payment of several

rates, 886.
51. Information against one person for nonpayment of a poor's rate, made

before one justice to summon before two others, 887.
52. Precept from the justices to summon several defaulters, ib.
53. Constable's summons thereon, ib.
54. The like form of summons for not paying poor's rate in London, 888.
55. The form of a summons against one person for nonpayment of rate, ib.
56. Warrant of distress against one person after the foregoing summons, ib.
57. Usual form of a warrant of distress against several persons, 889.
58. Distress warrant for poor's rate in London, 889.
59. Justices' warrant to distrain for poor's rate made by the guardians of the

poor in Bury, 890.
60. The indorsement to be written on the warrant of distress, if it is to be

executed in another county, 891.
61. The form of the overseer's return, where no sufficient distress is found, to

be indorsed on the back of the warrant, ib.
62. Commitment thereon, ih.
63. Warrant against a person for arrear of poor's rate under local act of par-

liament, in Bury, 892.
III. Forms relating to the Relief and Ordering of the Poor.
64. Notice from overseers of poor to father of pauper, of intended application

lo petty sessions for order of maintenance, 893.

rate, ib.


III. Forms relating to the Relief and Ordering of the Poor-continued.

65. Overseers' complaint thereupon, 893.
66. Order on a parent or child to give relief, &c., ib.
67. Information of an overseer of the poor against a parent or child for disobey ·

ing an order of maintenance, &c., 894.
68. Warrant of distress on a parent or child for disobeying an order of mainte-

nance, &c. ib.
69. Commitment of a parent or child for disobeying an order of maintenance,

70. Order to seize the goods and receive the rents of the lands of parents or

husbands having run away, 896.
71. Assignment of pay by a pensioner, ib.
72. Assignment of a pension of a Chelsea or other pensioner in Scotland, 897.
73. Certificate to be transmitted to the commissioners of Chelsea hospital, when

an order has been made by the magistrates, ib.
74. An order, by justices, to overseers, &c., to receive seamen's wages, ib.
75. Order that pay of a soldier shall be applied towards support of his family, ib.
76. Order, by justices, to overseers, &c., to receive pensions of persons leaving

their families chargeable to the parish, 898.
77. Warrant to apprehend a person as a rogue and vagabond, having deserted

his family, ib.
78. Conviction and commitment of a person as a rogue and vagabond for hav-

ing deserted his family, ib.
79. Commitment of a person, as an incorrigible rogue, for having deserted his

family a second time, 899.
80. Warrant to apprehend a person for not applying a proportion of his earn-

ings towards the maintenance of his family, 900.
81. Order to seize the goods and receive the rents of houses or lands of persons

deserting their families, ib.
82. Usual form of oath by a pauper requiring relief, ib.
83. Usual form of a justices' summons on two overseers, to show cause why

they do not afford relief, 901.
84. Comprehensive form of order of relief by two justices, ih.
85. Depositions of a poor person wanting maintenance, after application at a

vestry, and to two overseers, and that he was refused relief, ib.
86. Summons in London for not relieving a pauper, 902.
87. Summons upon overseers to shew cause why they refuse relief to a poor

person, ib.

88. Another form, ib.
89. Another form, ib.
90. Summary request for overseer to admit to workhouse, 903.
91. Order of one justice for relieving a pauper in a case of urgent necessity,

where there is a select vestry, under 59 Geo. III. c. 12, s. 2, but not as-

sembled, ib., n. (a)
92. Order of one justice, in case of urgent necessity, for temporary relief until

assembling of guardians, &c., of poor, under 59 Geo. III. c. 12, s. 2, 904.
93. Order of one justice where there is no select vestry, in case of emergency and

urgent distress, under 59 Geo. III. c. 12, s. 5, ib.
94. Summons by one justice to overseers, to appear before two, where select

vestry or guardians have refused relief, ib.
95. Order of two justices to give relief where a select vestry or guardians, &c.,

have refused to relieve, under 59 Geo. III. c. 12, s. 2, or where the select

vestry has not assembled, 905.
96. Common order of two justices on two overseers to give relief to a poor

person, where there is no select vestry, under 59 Geo. III. c. 12, s. 5, ib.
97. Order of justices for maintenance of a bastard child, with its mother, ib.
98. Appointment of select vestry, 906.
99. Form of agreement for the purpose of adopting the provisions of Gilbert's

act for having a workhouse, and nomination of guardians of poor and

governor of workhouse, ib.
100. Form of consent and approbation of the justices, 907.
101. Contract for maintenance (justices' assent,) ib.
102. Agreement at a public meeting for two or more parishes, townships, &c. to

unite in adopting the provisions of Gilbert's act " for the better relief and
employment of the poor,” 907.

« PreviousContinue »