or Dwelling, shall refuse or neglect to quit the same, and deliver up the possession thereof to the Churchwardens and Overseers of the Poes of any such Parish within one Month after notice and demand in writing for that purpose, signed by such Churchwardens and Overseers, or the major part of them, shall have been delivered to the Person in possession, or in his absence affixed on some notorious part of the Pre

mises, it shall be lawful for any two of His Majesty's Justices of the Mode of Proceeding. Peace, upon complaint to them made by one or more of the Churchwardens and Overseers of the Poor of the Parish in which any such House Tenement or Dwelling shall be situated, to issue their Summons to the Person against whom such Complaint shall be made, to appear before such Justices at a time and place to be appointed by them, and to cause such Summons to be delivered to the Party against whom the Complaint shall be made, or in his or her absence to be affixed on the Premises seven Days at the least before the time appointed for hearing such Complaint; and such Justices are hereby empowered and required, upon the appearance of the Defendant, or upon proof on oath that such 28 Summons hath been delivered or affixed as is hereby directed, to proceed

to hear and determine the matter of such Complaint, and if they shall find and adjudge the same to be true, then by Warrant under their hands and seals, to cause possession of the Premises in question to be delivered to the Churchwardens and Overseers of the Poor of the Parish, or to some of them.

And be it further Enacted, That if any Person to whom any Land appropriated purchased or taken under the authority of this Act for the Employment of the Poor of any Parish, shall have been let for his or her own occupation, shall refuse to quit and to deliver up the possession thereof to the Churchwardens and Overseers of the Poor of such Parish, at the expiration of the term for which the same shall have been demised or let to him or her, or if any Person or Persons shall unlawfully enter upon or take or hold possession of any such Land, it shall be lawful for such Churchwardens and Overseers of the Poor, or any of them, after such notice and demand of possession as is by this Act directed in the case of Parish Houses, to exhibit a Complaint against the Person or Persons in possession of such Land, before Two of His Majesty's Justices of the Peace, who are hereby authorized and required to proceed thereon, and to hear and determine the matter thereof, and if they shall find and adjudge the same to be true, to cause possession of such Land to be delivered to the Churchwardens and Overseers of the Poor, or some of them, in such and the like course and manner as are by this Act directed with regard to Parish Houses.

AND whereas by the said Act passed in the forty-third year of the reign of Queen Elizabeth, for the Relief of the Poor, it was enacted, 29 That the Father and Grandfather, and the Mother and Grandmother, and the Children of every poor, old, blind, lame and impotent Person,

121.

D

or

Juftices empowered to deliver poffeffion of Land appropriated

for the Poor.

Juftices out of Ses-
sions empowered to
order Relief by

Parents, &c.
43 Eliz. c. 2. §. 7.

or other poor Person not able to work, being of a sufficient ability, shall at their own charges relieve and maintain every such poor Person, in that manner and according to that rate, as by the Justices of the Peace of that County where such sufficient Persons dwell, or the greater number of them, at their General Quarter Session, shall be assessed: AND whereas it is expedient to extend the power which is by the said Act given to Justices in their General Quarter Sessions, to Justices in Special Sessions; BE it further Enacted, That it shall be lawful for any Two or more of His Majesty's Justices of the Peace, for Poor for their Relief. the County or other Jurisdiction in which any such sufficient Person shall dwell, and they are hereby empowered, in any Special Session, to make such Assessment and Order for the Relief of every poor, old, blind, lame, impotent, or other poor Person not able to work, upon and by the Father, Grandfather, Mother, Grandmother, or Child (being of sufficient

Juftices in Special
Seffions may affefs
Relatives of the

22 G. 3. c. 85. §.36.

Cafes in which Relief may be ordered

by incorporated Parishes without prévious application to the Vifitor.

Examination of Pri-
foners to their
Settlements, made
Evidence.

ability) of every such poor Person, as may by virtue of the said Act be 30
made by the Justices in their General Quarter Sessions; and that every
such Assessment and Order of Two or more Justices in any Special
Session, shall have the like force and effect, as if the same were made
by the Justices in their General Quarter Session; and the disobedience
thereof shall be punishable in like manner.

AND whereas by the said Act passed in the twenty-second year of
His present Majesty's reign,, for the better Relief and Employment of
the Poor; it is enacted, with regard to Parishes which have adopted
the Provisions thereof, and for which a Visitor shall have been appointed,
That no Guardian of the Poor shall be summoned to appear before any
Justice of the Peace, upon Complaint or Application to such Justice for
the Relief of any poor Person, unless application shall have been first
made by the Person so complaining to the Guardian, and upon his refusal
of redress, to the Visitor: AND whereas, in many cases, by reason of the
absence of the Visitor, or the distance of his residence, it may not be in
the
power of the Complainant to make the Application by the said Act 31
required; FOR Remedy thereof, BE it further Enacted, That if it shall
be made to appear to any Justice to whom any such Complaint or
Application for Relief shall be made, that the Visitor of the Parish or
United Parishes from which Relief shall be sought, is absent from home,
or is resident more than Six miles from the place of Abode of the
Complainants, and that application for Relief hath been made to the
Guardian, and hath been refused, it shall be lawful for such Justice to
summon the Guardian to appear before him to answer such Complaint,
and to proceed thereon, and make such Order therein, as the case shall
require, in like manner as in cases where application hath been made to
the Visitor, in the manner by the said Act directed.

And be it further Enacted, That it shall be lawful for any Two of His Majesty's Justices of the Peace to take in writing the Examination on Oath of any Person having a wife or child who shall be a Prisoner

a Prisoner in any Gaol or House of Correction, or in the custody of 32 the Keeper of any such Gaol or House of Correction, or who shall be

33

in the custody of any Constable or other Peace Officer, by virtue of any Warrant of Commitment, touching the place of his or her last legal Settlement; and such Examination shall be signed by the Justices taking the same, and shall be received and admitted in Evidence as to such Settlement before any Justices, and in any Court of Quarter Sessions, so long only as the Person so examined shall continue a Prisoner.

Authorizing Overseers to take Security

for the repayment of Money to be advanced for Relief.

Provision for en

AND whereas it is expedient to discourage that Reliance upon the Poor's Rate which frequently induces Labourers and others to squander away earnings, which would otherwise have afforded ample means for the support of a Family; BE it further Enacted, That whenever it shall appear to the Select Vestry in any Parish, or to the Justice or Justices before whom application shall be made for any poor Person applying for Relief during any temporary necessity, that such poor Person not being unable to work, might, but for his pride, wilful neglect or misconduct, have been able to maintain himself and his family, such Select Vestry or Justices may order Relief to be advanced weekly to such Person, by way of Loan, only taking his or her receipt for the amount of Money so advanced: And if on the cessation of such temporary forcing the Payment. necessity, such poor Person shall be again employed in work, or otherwise supplied with the means of defraying the whole or any part of the Debt so contracted within the space of Twelve months from the date of the Receipt, it shall be lawful for any Two Justices of the Peace on the application of one or more of the Churchwardens or Overseers of the Poor for the time being of the Parish, to summon the Person by whom such Receipt shall have been given; and if upon examination it shall appear to such Justices that the party by whom such Receipt shall have been given, is able to pay the whole or any part thereof, by weekly instalments or otherwise, it shall be lawful for them to make an Order under their hands and seals, for the payment of such part of it, in such manner as to them shall scem advisable, and to enforce obedience to such order by a warrant of distress under their hands and seals, if sufficient distress can be had, or otherwise to proceed as in the case of Persons neglecting to obey an order for the maintenance of bastard children : Provided always, That no order shall be made for any Debt contracted 34 under Receipt, the date whereof shall be above

prior to the date of such order.

months

And be it further Enacted, That when any Person entitled to or in receipt of Pension or Allowance, in respect of his service in the any Navy or the Army, shall apply to any Parish for Relief, and it shall appear to the Inhabitants of such Parish in Vestry, or to the Churchwardens and Overseers of the Poor thereof, that the necessity of the Person so applying hath arisen from his own extravagance or misconduct,

121.

it

Form of Affignment.

it shall be lawful for the Churchwardens and Overseers of the Poor, with
the approbation of one or more of His Majesty's Justices of the Peace,
who shall examine into the circumstances of the case, to require the
Pensioner applying for Relief, before the same shall be granted, to assign
to such Churchwardens and Overseers of the Poor, the next quarterly
or other payment or allowance which shall become payable to such
Pensioner, to the intent that they may receive the same, and retain for
the use of the Parish, so much thereof as shall have been by them, in
pursuance of the order of any Justice, advanced for the relief of such
Pensioner, or of his Wife or Family residing with him in such Parish;
and it shall also be lawful for the Churchwardens and Overseers of the
Poor of any Parish, at the request of any Person who shall be entitled
to or in the receipt of any such Pension or Allowance, to advance for
his support, or the support of his Family, any weekly sum not exceed-
ing the rate of his Pension or Allowance, to be repaid by and out of the
next quarterly or other payment of such Pension or Allowance, and to 35
take an Assignment thereof by way of Security, for the Money so to be
advanced; and every Assignment to be made of any such Pension or
Allowance, for the purposes of this Act, shall be in the form, or to the
effect following; that is to say:

"I [naming the Pensioner, and stating such Particulars as shall
"be requisite] do hereby assign to the Churchwardens and
"Overseers of the Poor of the Parish of

"the next payment of the Pension, at the rate of

and

ordered or agreed to be advanced to

me, as the case may be] by such Churchwardens and "Overseers."

Approved by me, one of His Majesty's Justices

"of the Peace for

and signed

The Penfion affigned
Churchwardens, &c.

to be paid to

And every such Assignment, so approved and attested by one of His 36
Majesty's Justices of the Peace, shall be delivered to the Person whose
office and duty it shall be to pay the Pension or Allowance thereby
assigned, who shall file and preserve the same; and shall cause the
quarterly or other payment thereby assigned, of such Pension or Allow-
ance, to be made to the Churchwardens and Overseers of the Poor of
the Parish for whose security the Assignment shall have been made, or
to some of them; and such Churchwardens and Overseers, or any one

or

or more of them, are and is hereby authorized to receive the same, and to retain thereout for the use of the Parish, so much as shall have been advanced and paid on Security thereof, and forthwith to pay the residue (if any there shall be) to the Pensioner by whom such Assignment shall have been made; and if any question shall arise between the Pensioner making any such Assignment and the Churchwardens and Overseers of the Poor of any Parish, touching the amount which shall be due and payable to them by virtue of any such Assignment, the same shall be determined in a summary way by one of His Majesty's Justices of the 37 Peace, and his order and determination therein shall be final and conclusive: Provided, That no such Assignment of any Pension shall entitle the Churchwardens and Overseers to whom the same shall be made, to receive the Pension or Allowance purporting to be thereby assigned, if the Pensioner assigning the same shall die before the time when such Pension or Allowance would have become payable to him, if no such Assignment thereof had been made.

Affignments of

Penfions to become

void by the death of the Penfioner before the day of payment.

Power to remove chargeable Poor born in Scotland, Ireland, &c. not being Vagrants.

AND whereas poor Persons, born in Scotland and Ireland, and in the Isles of Man, Jersey, and Guernsey, frequently become chargeable to Parishes in England, no Provision is made for the Removal of any such poor Person, unless he or she shall have committed some act of Vagrancy, and shall be adjudged to be a Rogue and Vagabond ; and no Person so adjudged can be lawfully removed without having been first publicly whipped or imprisoned in the House of Correction : AND whereas, it is expedient to authorize the Removal of such poor Persons, although they may not have committed any act of Vagrancy, and to authorize Justices of the Peace to cause such of them as may be adjudged to be Rogues and Vagabonds, to be conveyed by a 38 Pass, without having been first whipped or imprisoned; BE it therefore further Enacted, That it shall be lawful for any Justice of the Peace, and he is hereby required, upon the Complaint of the Churchwardens and Overseers of the Poor of any Parish, that any Person born in Scotland or in Ireland, or in either of the Isles of Man, Jersey and Guernsey, hath become chargeable to such Parish, to cause such Person to be brought before him, and to examine such Person, and any other Witness or Witnesses on Oath, touching the Place of the birth of such Person, and to inquire whether he or she hath done any act whereby a Settlement hath been gained by him or her in that part of the United Kingdom called England; and if it shall be found by such Justice, that the Person so brought before him was born in Scotland or Ireland, or in either of the Isles of Man, Jersey, or Guernsey, and hath not gained any Settlement in England, and that he or she hath actually become chargeable to the complaining Parish, then such Justice shall, and he is hereby empowered, by a Pass under his hand and seal, in the form, or to the effect prescribed by the Act passed in the 17th year of the 17 Geo. 2. c. 5. §. 17. Reign of his late Majesty King George the Second, to amend the Laws

121.

E

relating