No, VII. 5 Geo. I. c. 8. tices, seize the or go away, leaving a child or children, upon the charge of the parish or place where such child or children was or were born, or last legally settled, although such persons have some estates, which should ease the parish of their charge, in whole or in part:' May it please your Majesty therefore that it may be enacted, and be it enacted 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 Parliament assembled, and by the authority of the same, That it shall and may be lawful Churchwarfor the churchwardens or overseers of the poor of such parish or place dens, &c.may, where any such wife, or child, or children shall be so left, upon applica- from two jusby warrant tion to, and by warrant or order from any two justices of the peace, to take and seize so much of the goods and chattels, and receive so much of goods, &c. of the annual rents and profits of the lands and tenements of such husband, husbands and father or mother, as such two justices of the peace, as aforesaid, shall parents, who order or direct, for or towards the discharge of the parish or place where İcave their such wife, child or children are left, for the bringing up and providing for wives and such wife, child or children; which warrant or order being confirmed at children upon the next quarter-sessions, it shall be lawful for the justices of such quarter- the parish, sessions to make an order for the churchwardens or overseers for the poor of such parish or place, to dispose of such goods and chattels by sale, or otherwise, or so much of them, for the purposes aforesaid, as the court shall think fit, and to receive the rents and profits, or so much of them as shall be ordered by the sessions as aforesaid, of his or her lands and tenements, for the purposes aforesaid. II. And be it enacted by the authority aforesaid, That the church- Churchwarwardens and overseers aforesaid shall be accountable to the justices at the dens, &c. to quarter-sessions for all such money as they, or any of them, shall receive be accountby virtue of this Act. able to justices in sessions. [No. VIII.] 9 George I. c. 7.-An Act for amending the Laws relating to the Settlement, Imployment, and Relief of the Poor. No. VIII. 9 Geo. I. c. 7. I. WHEREAS by an Act of Parliament made and passed in the third and fourth years of the reign of their late Majesties King William and Queen Mary, it was provided, That in every parish a book or books should be kept, wherein the names of all persons who did or might re'ceive collections should be registered, with the time when they were 'first admitted to such relief, and the occasion which brought them under 3 & 4 W. & M、 that necessity; and that no such person should be allowed to have or re- c. 11. st. 11, 'ceive collection at the charge of the parish, but by authority or under the hand of one justice of the peace residing in such parish, or if none there dwelling, in the parts near or next adjoining, or by order of the justices at their quarter-sessions, except in case of pestilential diseases, plague or small-pox: And whereas, under colour of the proviso in the said Act, many persons have applied to some justices of peace, without the knowledge of any officers of the parish, and thereby upon untrue suggestions, and sometimes upon false or frivolous pretences, have obtained relief, 'which hath greatly contributed to the increase of the parish rates:' For remedy whereof, Be it enacted 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 Parliament assembled, and by the authority of the same, That from and after the twenty-fifth day of March which No poor to be shall be in the year of our Lord one thousand seven hundred and twenty- relieved till three, no justice of peace shall order relief to any poor person dwelling in oath made of any parish, until oath be made before such justice of some matter which he a reasonable shall judge to be a reasonable cause or ground for having such relief, and cause, that the same person had by himself, herself, or some other, applied for relief to the parishioners of the parish, at some vestry or other public meeting of the said parishioners, or to two of the overseers of the poor of such parish, and was by them refused to be relieved, and until such justice hath summoned two of the overseers of the poor to shew cause why such re No. VIII. .9 Geo. I. c. 7. or longer than the cause con tinues. Justices dwelling out of a county may grant warrants, &c. Churchwar poor in. lief should not be given, and the person so summoned hath been heard or made default to appear before such justice; any thing in the said proviso, or any law to the contrary notwithstanding. II. And be it further enacted by the authority aforesaid, That the person whom any such justice of peace shall think fit to order to be relieved, shall be entered in such book or books so to be kept by the parish, as one of those who is to receive collection, as long as the cause for such relief continues, and no longer; and that no officer of any parish shall (except upon sudden and emergent occasions) bring to the account of the parish any monies he shall give to any poor person of the same parish, who is not registered in such book or books to be kept by the said parish, as a person entitled to receive collection, on pain of forfeiting the sum of five pounds, to be levied by distress and sale, by warrant of any two or more justices of the peace of the same county, who shall have examined into and found him guilty of such offence; which said sum shall be applied to and for the use of the poor of the said parish, by direction of the said justice or justices of the peace. III. And for the greater ease of justices of the peace, whom his Majesty or his successors hath or shall by commission authorize to act as a justice of the peace for any county of this realm; Be it enacted by the authority aforesaid, That if any such justice of the peace shall happen to dwell in any city, or other precinct that is a county of itself, situate within the county at large, for which he shall be appointed justice of peace, although not within the same county, it shall and may be lawful for any such justice of peace to grant warrants, take examinations, and make orders for any matters, which any one or more justice or justices of the peace, may act in, at his own dwelling-house, although such dwelling-house be out of the county where he is authorized to act as a justice of peace, and in some city or other precinct adjoining, that is a county of itself; and that all such warrants, orders, and other act or acts of any justice of peace, and the act or acts of any constable, tithingman, headborough, overseer of the poor, surveyor of the highways or other officer, in obedience to any such warrant or order, shall be as valid, good and effectual in the law, although it happen to be out of the limits of the proper precinct or authority: Provided always that nothing in this Act contained shall extend to give power to the justices of peace for the counties at large, to hold their general quarter-sessions of the peace in the cities or towns which are counties of themselves, nor to impower justices of peace, sheriffs, bailiffs, constables, headboroughs, tithingmen, borsholders or any other peace-officers of the counties at large, to act or intermeddle in any matters or things arising within cities or towns which are counties of themselves, but that all such actings and doings shall be of the same force and effect in law, and none other, as if this Act had never been made. IV. And for the greater ease of parishes in the relief of the poor, be it dens, &c. may further enacted by the authority aforesaid, That it shall and may be lawpurchase, &c. ful for the churchwardens and overseers (1) of the poor in any parish, houses to lodge or employ the town, township, or place, with the consent of the major part of the parishioners, or inhabitants of the same parish, town, township, or place, in vestry, or other parish or public meeting for that purpose assembled, or of so many of them as shall be so assembled, upon usual notice thereof first given, to purchase or hire any house or houses in the same parish, township or place, and to contract with any person or persons for the lodging, keeping, maintaining and employing any or all such poor in their respective parishes, townships or places, as shall desire to receive relief or collection from the same parish, and there to keep, maintain and employ all such poor persons, and take the benefit of the work, labour and service of any such poor person or persons, who shall be kept or maintained in any such house or houses, for the better maintenance and relief of such poor person or persons, who shall be there kept and maintained; and in case any poor person or persons of any parish, town, township or place where such house or houses shall be so purchased or hired, shall refuse to be lodged, kept or Poor refusing to be lodged, &c. are not entitled to relief. (1) The act of the majority is binding on the rest; R. v. Beeston, 3 T. R. 592. 9 George I. c. 7. maintained in such house or houses, such poor person or persons so re- No. VIII. fusing shall be put out of the book or books where the names of the persons, who ought to receive collection in the said parish, town, township or place, are to be registered, and shall not be entitled to ask or receive collection or relief from the churchwardens and overseers of the poor of the same parish, town or township; (2) and where any parish, town or township shall be too small to purchase or hire such house or houses for the poor of their own parish only, it shall and may be lawful for two or more such parishes, towns or townships or places, with the consent of the major part of the parishioners or inhabitants of their respective parishes, town, township or places, in vestry or other parish or publick meeting for that purpose assembled, or of so many of them as shall be so assembled, One parish, upon usual notice thereof first given, and with the approbation of any jus- &c. being too tice of peace dwelling in or near any such parish, town or place, signified small for such under his hand and seal, to unite in purchasing, hiring, or taking such purchase, two house (3) for the lodging, keeping and maintaining of the poor of the se- may unite, &c veral parishes, townships or places so uniting, and there to keep, maintain and employ the poor of the respective parishes so uniting, and to take and have the benefit of the work, labour or service of any poor there kept and maintained, for the better maintenance and relief of the poor there kept, maintained and employed; and that if any poor person or persons in the respective parishes, townships or places so uniting, shall refuse to be lodged, kept and maintained in the house, hired or taken for such uniting parishes, townships or places, he, she, or they so refusing, shall be put out of the collection-book, where his, her, or their names were registered, and shall not be entitled to ask or demand relief or collection from the churchwardens and overseers of the poor in their respective parishes, townships or places; and that it shall and may be lawful for the churchwardens and overseers of the poor of any parish, township or place, with the consent of the major part of the parishioners or inhabitants of the said parish, township or place where such house or houses is, are, or shall be purchased or hired for the purposes aforesaid, in vestry, or other parish or publick meeting, for that purpose assembled, or of so many of them as shall be so assembled, upon usual notice thereof first given, to contract with the churchwardens and overseers of the poor of any other parish, township or place, for the lodging, maintaining or employing of any poor person or persons of such other parish, township or place, as to them shall seem meet; and in case any poor person or persons of such other parish, township or place, shall refuse to be lodged, maintained and employed in such house or houses, he, she, or they so refusing, shall be put out of the collection-book of such other parish, township or place, where his, her, or their names were registered, and shall not be entitled to ask, demand or receive any relief or collection from the churchwardens and overseers of (2) It was held that overseers were justified in refusing obedience to an order for payment of a weekly sum to a woman for the maintenance of herself and her bastard children: they offering to take them into the workhouse; Carlisle, cited Rex v. Haigh, 3 T. R. 637. In the case of North Shields, Doug. 316. Cald. 68, Willes and Buller J. expressed an opinion in favour of an order for payment of a weekly sum to a married woman for the support of her children by her husband; Ashurst contra; but the case was determined on another ground. In Rex v. Haigh, 3 T. R. 637, it was held that overseers were indictable for disobedience of an order for a weekly payment to a woman for the maintenance of her bastard child; the mother refusing to go into the workhouse. Lord Kenyon said it would be contrary to the spirit and words of the Act of ParliaVOL. VIII. G Churchwar dens, &c. of one parish may contract with those of another, &c. ment, if, when all the children of a family except one were capable of supporting themselves, and that one were unable to maintain itself, and were under the necessity of receiving relief, the whole family was to be sent to the workhouse. It is however manifest, that in whatever form the order may be made, the relief is, in these cases, given substantially to the head of the family; but the case of bastards may be very distinguishable from that of legitimate children.-As to relief out of workhouses, see post. 36 Geo. III. c. 23. (3) When two parishes unite, the house may be established in a third parish: and Q. whether it is not, with respect to settlements, &c. to be considered as part of the united parishes to which it belongs, rather than that of the parish in which it is locally situate; St. Peter and St. Paul, in Bath, Caldec. 213. No. VIII. 9 George I. c. 7. the poor of his, her, or their respective parish, township or place: Provided always, That no poor person or persons, his, her, or their apprentice, child or children, shall acquire a settlement in the parish, town or place, to which he, she, or they are removed by virtue of this Act, but that his, her, or their settlement, shall be and remain in such parish, town or Settlements to place, as it was before such removal; any thing in this Act to the contrary notwithstanding. be as before removal. Settlement, how to be acquired by purchase. Paying taxes to the scavenger, gains no sett.cment. 8 & 9 W. 3. c. 30. V. And be it further enacted by the authority aforesaid, That from and after the twenty-fifth day of March, which shall be in the year of our Lord one thousand seven hundred and twenty-three, no person or persons shall be deemed, adjudged or taken, to acquire or gain any settlement in any parish or place, for or by virtue of any purchase of any estate or interest in such parish or place, whereof the consideration for such purchase doth not amount to the sum of thirty pounds, bona fide paid, for any longer or further time than such person or persons shall inhabit in such estate, and shall then be liable to be removed to such parish or place where such person or persons were last legally settled, before the said purchase and inhabitancy therein. VI. And be it further enacted by the authority aforesaid, That no person or persons whatsoever, who from and after the twenty-fifth day of March, in the year of our Lord one thousand seven hundred and twentythree, shall be taxed, rated or assessed to the scavenger or repairs of the highway, and shall duly pay the same, shall be deemed or taken to have any legal settlement in any city, parish, town or hamlet, for or by reason of his, her, or their paying to such scavenger's rate or repairs of the highway as aforesaid; any law to the contrary in any wise notwitstanding. 6 VII. And whereas there was a clause in the statute made in the eighth ' and ninth years of his late Majesty King William the Third, intituled, An "Act for the supplying some Defects in the Law for the Relief of the Poor of this Kingdom,' whereby it was enacted, That after the first day of May one thousand six hundred ninety-seven, all appeals against any order 'for the removing of any poor persons, should be heard at the quarter'sessions of the county or division, wherein the parish or place from 'whence such person should be removed, doth lie, and not elsewhere, except the liberty of St. Albans ;' Be it enacted by the authority aforesaid, That it shall and may be lawful for the justices of the peace within the liberty of the borough of Saint Peter, and hundred of Nassaborough, in the Nassaborough county of Northampton, to hear and determine all appeals to them made, in Northamp- against any order made for removal of any poor person in their quartertonshire may sessions, as they might have done before the making of the said last mentioned Act; any thing therein or in this present Act contained to the contrary thereof in anywise notwithstanding. Justices of St. Peter and hundred of determine appeals. Reasonable notice is to be given of appeals. VIII. And whereas several disputes and controversies have arisen and 'been concerning the time of notice to be given of appeals from orders of ' removals of poor persons;' To prevent the same, as much as may be for the future, Be it enacted by the authority aforesaid, That from and after the said twenty-fifth day of March, one thousand seven hundred and twenty-three, no appeal or appeals from any order or orders of removal of any poor person or persons whatsoever, from any parish or place to another, shall be proceeded upon in any court or quarter-sessions, unless reasonable notice be given by the churchwardens or overseers of the poor of such parish or place, who shall make such appeal, unto the churchwardens or overseers of the poor of such parish or place from which such poor person or persons shall be removed; the reasonableness of which notice shall be determined by the justices of the peace at the quarter-sessions, to which the appeal is made; and if it shall appear to them that reasonable time of notice was not given, then they shall adjourn (4) the said appeal to the next quarter-sessions, and then and there finally hear and determine the same. IX. And for the preventing of vexatious removals, Be it further enacted by the authority aforesaid, That from and after the twenty-fourth day of June, in the year of our Lord one thousand seven hundred and twenty (4) This is imperative; see note to No. 2. ante. Class XXVIII.] Poor. No. VIII. c. 7. Justices how three, if the justices of the peace shall, at their quarter-sessions, upon an [No. IX.] 3 George II. c. 29.-An Act for continuing and amending an Act for regulating the Price and Assize of Bread; for Relief of Bankrupts whose Certificates were not allowed before the Expiration of a late Act For the the better preventing Frauds committed by Bankrupts; for allowing further Time for Inrolment of Deeds and Wills made by Papists, and for relief of Protestant Purchasers and Lessecs; and for making further Provision con= cerning Certificates relating to the Settlement of poor Persons, and the Charges of maintaining and removing Certificated Persons. AND to prevent disputes which often happen, touching the proof • VIII. of certificates given by the officers of any parish or place, acknowledging any person or persons therein named to be an inhabitant or 3 inhabitants legally settled in such parish, town or place, by virtue of an Act of Parliament made in the eighth and ninth years of the reign of his late Majesty King William the Third, and for making such certificates 8 & 9 W. 3. more effectual,' Be it enacted by the authority aforesaid, That from and c. 30. after the twenty-fourth day of June in the year of our Lord one thousand churchwar dens, &c. sign them. seven hundred and thirty, the witnesses who attest the execution of such Witnesses to certificates by the churchwarden or churchwardens, overseer or overseers, certificates of signing and sealing the same, or one of the said witnesses, shall make oath settlements to before the justices of the peace, who by the said Act are directed to allow swear that the same (which oath they are hereby authorized to administer) that such they saw the witness or witnesses did see the churchwarden or churchwardens, overseer or overseers, whose names and seals are thereunto subscribed and set, severally sign and seal the said certificate, and that the names of such witnesses attesting the said certificate are of their own proper hand-writshall ing; (1) which said justices of the peace shall also certify that such oath peace, was made before them; and every such certificate so allowed and oath of the execution thereof so certified, by the said justices of the be taken, deemed and allowed, in all Courts whatsoever, as duly and fully proved, and shall be taken and received as evidence, without other proof thereof; and that all certificates given in pursuance of the said Act, before the said twenty-fourth day of June one thousand seven hundred and thirty, shall be also taken and allowed in all courts as evidence, without other proof; provided the same are duly allowed by two justices of the peace, as by the said Act is required (2). (1) Where one of the witnesses was a marksman, a certificate that the other made oath that they both saw the churchwarden and overseers sign, and that his name was of his own proper hand-writing, was held suffiAshton Keynes v. South Cerney, cient; B. S. C, 725. G 2 (2) A certificate, of which the attestation A certificate thirty is not proved according to this provision, may be good within stat. 8 and 9 W. c. 30; Farringdon, 2 T. R. 466. years old proves itself; Ryton, 5 T. R. 259. |