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No. IV. 8 and 9

William III. c. 30.

Single persons not deemed to have a good settlement in any parish

under a year's continuance.

43 Eliz. c. 2.

Directions re-
Lative to poor

children

bound apprentices pursuant te the Act 43 Eliz. c. 2.

for whom and in whose behalf such appeal shall be determined, or to whom such notice did appear to have been given, as aforesaid, such costs and charges in the law, as by the said justices in their discretion shall be thought most reasonable and just, to be paid by the churchwardens, overseers of the poor, or any other person, against whom such appeal shall be determined, or by the person that did give such notice, as aforesaid; and if the person ordered to pay such costs shall happen to live in any county, riding, city, or town-corporate, or elsewhere, out of the jurisdiction of the said court, it shall and may be lawful for any justice of the peace of the county, riding, city, liberty, or town-corporate, wherein such person shall inhabit, and every such justice is hereby required, upon request to him for that purpose to be made, and a true copy of the order for the payment of such costs produced, and proved by some credible witness upon oath, by warrant under his hand and seal, to cause the money mentioned in that order to be levied by distress and sale of the goods of the person that is ordered and ought to pay the same; and if no such distress can or may be had, to commit such person to the common gaol of that county or liberty, there to remain by the space of twenty days

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IV. And whereas some doubts have arisen touching the settlement of unmarried persons not having child or children lawfully hired into any parish or town for one year;' Be it therefore enacted and declared by the authority aforesaid, That no such person so hired as aforesaid, shall be adjudged or deemed to have a good settlement in any such parish or township, unless such person shall continue and abide in the same service during the space of one whole year.

V. And whereas by an Act made in the three and fortieth year of the reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor, 'it is amongst other things enacted, That it shall be lawful for the church'wardens and overseers of the poor of any parish, or the greater part of 'them, by the assent of two justices of the peace, whereof one to be of the Quorum, to bind poor children apprentices, where they shall see conve'nient; but there being doubts whether the persons to whom such children are to be bound, are compellable to receive such children as apprentices, 'that law hath failed of its due execution;' Be it therefore enacted and declared by the authority aforesaid, That where any poor children shall be appointed to be bound apprentices, pursuant to the said Act, the person or persons, to whom they are so appointed to be bound, shall receive and provide for them, according to the indenture signed and confirmed by the two justices of the peace, and also execute the other part of the said indentures; and if he or she shall refuse so to do, oath being thereof made by one of the churchwardens, or overseers of the poor, before any two of the justices of the peace for that county, liberty, or riding, he or she for every such offence shall forfeit the sum of ten pounds, to be levied by distress and sale of the goods of any such offender, by warrant under the hands and seals of the said justices, the same to be applied to the use of the poor of that parish or place where such offence was committed; saving always to the person, to whom any poor child shall be appointed to be bound an apprentice as aforesaid, if he or she shall think themselves aggrieved thereby, his or her appeal to the next general or quarter sessions of the peace for that county or riding, whose order therein shall be final (7), and conclude all parties.

(7) An indictment also lies for refusing to take an apprentice; R. v. Gould, 1 Salk. 381; and see 2 Bur. 799. An occupier of lands within the parish, although residing elsewhere, is bound to accept an apprentice; R. v. Clapp, 3 T. R. 107. So one of several partners, occupying lands jointly, and although some of such occupiers reside within the parish; R. v. Barwick, 7 T. R. 33. So in the case of incorporated districts, under 20 Geo, III. c. 36; Rex v. Guardians of the

Poor in Tunstead and Wapping, S T. R. 523. The master is not compellable to covenant for the payment of wages, or for finding the apprentice with cloathes at the end of the the term; R. v. Wagstaff, Foley, 205.

It is evident that the original policy of the Acts establishing the binding of parish apprentices, had principally in view the relieving the burthen of the parish, by imposing the charge upon individuals; but in modern times a practice has prevailed to an alarming

No. IV.

8 and 9

VI. And be it further enacted by the authority aforesaid, That from and after the first day of May, one thousand six hundred ninety-seven, the appeal against any order for the removal of any poor person from out of any parish, township or place, shall be had, prosecuted, and determined, William III. at the general or quarter sessions of the peace for the county, division, or riding, wherein the parish, township, or place, from whence such poor person shall be removed, doth lie, and not elsewhere; any former law or statute to the contrary thereof in any wise notwithstanding.

c. 30.

Appeal against any order for removal of poor persons to be determined at the quarter-sessions. VII. Provided always, That nothing in this Act contained shall extend, This Act not or be construed to extend, to make void any promise or engagement to make void already made by the churchwardens or overseers of the poor of any parish, any promise of township, or place, to receive and take back any persons, in case they churchwarshould become poor, and want relief. dens, &c.

VIII. Provided, That this Act, nor any thing therein contained, shall be Appeals for construed to hinder the justices of the peace within the liberty of Saint settling their Albans, from hearing and determining any appeals for the settlement of poor. the poor in their quarter sessions, as they might have done before the making of this Act; any thing therein contained to the contrary in any wise notwithstanding.

extent, of binding children from the populous parishes of the metropolis to persons at a distance, engaged in manufactures, whereby a very heavy burthen has been cast upon the parishes where those establishments might happen to be. The subject has lately engaged the attention of the Legislature, and a very judicious report was presented to the House of Commons, in which it appeared that in many parishes the practice was carried on to a very great extent, although, from the forbearance of it in other parishes of equal population, it was evidently unnecessary; and a culpable inattention appeared to exist in the magistrates of some districts, who signed the allowance of indentures as matter of course, and even in blank. To prevent the binding of children at a distance from their connections, and to improper persons, merely to answer the purpose of relieving the original parish of the settlement, a Bill passed the House of Commons for the purpose of prohibiting the binding beyond a limited distance; and also requiring that indentures should be allowed as well by the magistrates of the county into which the binding was, as of that from which the child was bound: but some of the modifications being disapproved of in the House of Lords, the measure assumed a new cast, and did not pass into a law. One of the provisions suggested was, that no settlement should be gained by a parish apprentice under a certain age; or in case of non-compliance with

the proposed provision; or until after a certain length of service. To this it was objected by persons of great rank and influence, but probably of no great practical experience in respect of the Poor Laws, that it would be hard to punish the innocent apprentice by depriving him of his settlement, on account of the faults of others. It was hardly to be expected, that the exploded notion of the advantage of gaining a settlement would be now seriously insisted upon; and while this supposed grievance was made the ground of objection, the important consideration was overlooked, that under such arrangements the parish to which the child belonged would no longer be exposed to the temptation of getting rid of a settlement by a mere service of forty days, but would have an inducement for applying a greater degree of caution in selecting the persons to whom the apprentice was intrusted; and also for exercising a proper degree of vigilance as to his subsequent treatment. In the great manufacturing district with which I am immediately connected, no indentures are allowed until after the child has been at least a month with the intended master, and is privately examined as to the treatment which he has received, and his inclination to enter into the

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[No. V.] 9 and 10 William III c. 11.-An Act for explaining an Act made the last Session of Parliament, intituled, An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom.

WHEREAS in and by a certain Act made in the last Session of this present Parliament, intituled, An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom; it was, amongst other

No V.

9 and 10

William III.

c. 11.

8 and 9 W. 3.

c. 30.

No person adjudged to have a legal settlement in any parish, unless he rent a tenement of 10l. per aun. or execute some parish office.

'Examined with the record.'

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'things therein contained, enacted, That if any person or persons whatso-
ever, that from and after the first day of May in the year of our
Lord one thousand six hundred ninety-seven, shall come into any parish
or place, there to inhabit and reside, shall at the same time procure,
bring, and deliver to the churchwardens, or overseers of the poor of
'the parish or place where any such person should come to inhabit, or to
any or either of them, a certificate under the hands and seals of the
'churchwardens and overseers of the poor of any other parish, township,
'or place, or the major part of them, or under the hands and seals of the
overseers of the poor of any other place where there are no churchward-
'ens, to be attested respectively by two or more credible witnesses, thereby
' owning and acknowledging the person or persons, mentioned in the said
' certificate, to be an inhabitant or inhabitants legally settled in that parish,
township, or place; every such certificate, having been allowed of and
subscribed by two or more of the justices of the peace of the county, city,
' liberty, borough, or town-corporate, wherein the parish or place from
whence any such certificate shall come doth lie, shall oblige the said
'parish or place to receive and provide for the person mentioned in the
certificate, with his or her family, as inhabitants of that parish, whenever
'he, she or they shall happen to become chargeable to, or be forced to ask
relief of the parish, township, or place, to which such certificate was
given; and that then and not before, it should and might be lawful for
any such person, and his or her children, though born in that parish, not
having otherwise acquired a legal settlement there, to be removed, con-
'veyed, and settled in the parish or place from whence such certificate was
'brought: And whereas some doubts have arisen upon the construction of
the said Act, by what acts any person coming to inhabit or reside within
any parish, by virtue of any such certificate as aforesaid, may procure a
'legal settlement in such parish, and whether such certificate did not
amount to a notice in writing in order to gain a settlement;' For ex-
plaining thereof and of the said Act, Be it therefore enacted and declared
by the King's most excellent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Commons in this present Parlia-
ment assembled, and by the authority of the same, That no person or
persons whatsoever, who shall come into any parish, by any such certifi-
cate as aforesaid, shall be adjudged by any Act whatsoever to have pro-
cured a legal settlement in such parish, unless he or they shall really and
bona fide take a lease of a tenement of the value of ten pounds, or shall
execute some annual office in such parish, being legally placed in such of
fice (1).

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(1) Notwithstanding the express terms of the statute, it is established, that a certificate does not prevent the acquisition of a settlement by estate. With respect to the persons to whom the certificate extends, see the preceding Number, Sec. 1, and Notes. It has been long established, that the effect of a certificate in preventing a settlement, is determined by the acquisition of a settlement in a third parish, or by a removal order to

P.

the parish certifying; and more recently it has been determined, that a certificate is discharged by leaving the certified parish without any intention of returning; Newington v. Mersham, 1 T. R. 354; St. Michael's, Coventry, 8 T. 339. But a temporary removal, as when a person goes to make a visit, or on occasional business, does not affect the certificate; Dict. ibid.

[No. VI.] 12 Anne, st. 1. c. 18.-An Act for making perpetual the Act made in the thirteenth and fourteenth Years of the Reign of the late King Charles the Second, intituled, An Act for the better Relief of the Poor of this Kingdom; and that Persons bound Apprentices to, or being hired Servants with Persons coming with Certificates, shall not gain Settlements by such Services or Apprenticeships: And for making perpetual the Act made in the sixth Year of her present Majesty's Reign, intituled, An Act for

the Importation of Cochineal from any Ports in Spain, during the present War, and six Months longer: And for reviving a Clause in an Act made in the ninth and tenth Years of the Reign of the late King William, intituled, An Act for settling the Trade to Africa, for allowing foreign Copper Bars imported, to be exported.

No. VI.

12 Anne,

st. 1. c. 18.

3 & 4 W. & M.

c. 11.

WHEREAS an Act made in the thirteeth and fourteenth years of the reign of the late King Charles the Second, intituled, An Act for the 'better Relief of the Poor of this Kingdom, was enacted, to have continuance (except what related to the corporation therein mentioned, and thereby constituted) only until the twenty-ninth day of May one thou'sand six hundred sixty-five, and from thence to the end of the first Ses- 13 & 14 Car. 2. 'sions of the next Parliament; which said Act, by an Act made in the c. 12. 'first year of the reign of the late King James the Second (except what re- 1 Jac. 2. c. 17. 'lated to the corporations therein mentioned, and thereby constituted) was ' enacted to be in force from the first day of May, one thousand six hundred eighty-five, and so to continue for the space of seven years, and from thence to the end of the next Sessions of Parliament; and by an Act made in the third and fourth years of the reign of King William and Queen Mary the said Act (as to what therein related to the settlement of the poor) was ' enacted to be in force from the first day of March one thousand six hun'dred ninety-one; but no provision was thereby made for continuing di'vers other parts of the said Act, which said Act, intituled, An Act for the 'better Relief of the Poor of this Kingdom" as to all parts thereof, not men'tioned and continued in and by the said Act, made in the third and fourth ' years of their late Majesties, other than and except what relates to the corporations mentioned in the said Act (For the better Relief of the Poor of this Kingdom] and thereby constituted, was, by an Act made in the fourth and fifth years of the reign of their late Majesties, continued only 4 & 5 W. & M. 'for the space of seven years, from the thirteenth day of February one c. 24. § 11. ⚫ thousand six hundred ninety-two, and from thence to the end of the next 'Session of Parliament; which said Act afterwards by an Act of the ' eleventh and twelfth years of the reign of the late King William the Third, 'intituled, An Act for continuing several Laws therein mentioned, was conti- c. 13. 'nued only for seven years, from the twenty-ninth day of September one ⚫ thousand seven hundred; and which said Act of the thirteenth and four'teenth years of the reign of the said late King Charles the Second, intituled, An Act for the better Relief of the Poor of this Kingdom, by an Act 'made in the fifth year of the reign of her present Majesty, intituled, An 5 Ann. c. 34. "Act for continuing the Laws therein mentioned relating to the Poor, and to

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the Buying and Selling of Cattle in Smithfield, and for suppressing of Piracy, was enacted to be in force from the twenty-fifth day of March one thou'sand seven hundred and seven (except what relates to the corporations 'therein mentioned, and thereby constituted), only for seven years, and 'from thence to the end of the next Sessions of Parliament; which said 'Act of the thirteenth and fourteenth years of the reign of the said late 'King Charles the Second, intituled, An Act for the better Relief of the 'Poor of this Kingdom, being found to be a very useful and necessary law,

11 & 12 W. 3.

' and being near expiring;' Be it therefore enacted by the Queen's most Amended by excellent Majesty, by and with the advice and consent of the Lords Spi- 11 Geo. 1. ritual and Temporal, and Commons, in this present Parliament assembled, c. 29. and by the authority of the same, That the said Act made in the thirteenth 13 & 14 Car. 2. and fourteenth years of the said late King Charles the Second, intituled, c. 12. made An Act for the better Relief of the Poor of this Kingdom, shall be and is perpetual. hereby made perpetual.

II. And whereas by an Act made in the eighth and ninth years of the 8 & 9 W. 3. ' reign of the late King William the Third, intituled, An Act for supplying c. 30.

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some Defects in the Laws for the Relief of the Poor of this Kingdom, it was

amongst other things enacted, in the words following, (viz,) That if any

person or persons whatsoever, that from and after the first day of May one thousand six hundred ninety-seven, shall come into any parish, or

No. VI.

12 Anne,

st. 1. c. 18.

Person bound apprentice, or being a hired servant, to one

who came into

a parish by certificate, shall not gain a settlement.

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'other place, there to inhabit or reside, shall, at the same time, procure,
bring, and deliver to the churchwardens or overseers of the poor of the
parish or place where any such person shall come to inhabit, or to any or
either of them, a certificate under the hands and seals of the church-
'wardens and overseers of the poor of any other parish, township, or place,
or the major part of them, or under the hands and seals of the overseers
' of the poor of any other place, where there are no churchwardens, to be
'attested respectively by two or more credible witnesses, thereby own-
ing and acknowledging the person or persons mentioned in the said cer-
'tificate, to be an inhabitant or inhabitants legally settled in that parish,
township, or place, every such certificate having been allowed of and
subscribed by two or more of the justices of the peace of the county, city,
liberty, borough, or town corporate, wherein the parish or place, from
'whence any such certificate shall come, doth lie, shall oblige the said pa-
'rish or place to receive and provide for the person mentioned in the said
'certificate, together with his or her family, as inhabitants of that parish,
whenever he, she, or they shall happen to become chargeable to or be
'forced to ask relief of the parish, township, or place, to which such cer-
"tificate was given; and then, and not before, it shall and may be lawful
for any such person, and his or her children, though born in that parish,
'not having otherwise acquired a legal settlement there, to be removed,
conveyed, and settled in the parish or place from whence such certificate
was brought: And whereas many persons obtaining and bringing such cer-
'tificates, do frequently take apprentices, bound by indenture, and hire
' and keep servants by the year, who, by reason of such apprenticeships
and services, do gain settlements in, and become a great burden to such
'parishes, townships, and places, though such masters coming with such
'certificates have, by virtue thereof, no settlements in such parishes, town-
ships, or places: For remedy whereof, it is declared and enacted by the
authority aforesaid, That if any person whatsoever, who, upon or after
the four and twentieth day of June one thousand seven hundred and thir-
teen, shall be an apprentice, bound by indenture to, or shall, upon or
after the said four and twentieth day of June one thousand seven hundred
and thirteen, be a hired servant to or with any person whatsoever, who
did come into, or shall reside in, any parish, township, or place, in that
part of Great Britain called England, by means or licence of such certifi-
cate, and not afterwards having gained a legal settlement in such parish,
township, or place, such apprentice, by virtue of such apprenticeship, in-
denture, or binding, and such servant, by being hired by, or serving as a
servant as aforesaid to such person, shall not gain, or be adjudged to have,
any settlement in such parish, township, or place, by reason of such ap-
prenticeship or binding, or by reason of such hiring or serving therein; but
every such apprentice and servant shall have his and their settlements in
such parish, township, or place, as if he or they had not been bound ap-
prentice or apprentices, or had not been an hired servant or servants to
such person, as aforesaid; any Act or Acts of Parliament to the contrary
notwithstanding (1).

(1) The Act extends to a service with the widow of the certificated person; Hampton, 5 T. R. 266: to a service with the certificated person of the apprentice of another person not having a certificate; Romsey v.

No. VII. 5 Geo. I. c. 8.

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St. Michael's, Southampton, B. S. C. 640: to the service of the apprentice of the certificated person with another person by agree. ment or assignment; Hinckley, 4 T. R.

371.

[No. VII.] 5 George I. c. 8.-An Act for the more effectual Relief of such Wives and and Children as are left by their Husbands and Parents, upon the Charge of the Parish.

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I. WHEREAS divers persons run or go away from their places of abode into other counties or places, and sometimes out of the kingdom, some men leaving their wives, a child or children, and some mothers run

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