5

half of any poor Inhabitant of any Parish for which a Select Vestry shall be established by virtue of this Act, such Justice shall not proceed therein, or take cognizance thereof, unless it shall be proved, on Oath before him, that application for such Relief hath been first made to and refused by the Select Vestry; and in such case, the Justice, to whom the Complaint shall be made, may summon the Overseers of the Poor, or any of them, to appear before any Two of His Majesty's Justices of the Peace, to answer the Complaint; and if, upon the hearing thereof, it shall be proved, on Oath, to the satisfaction of the Justices who shall hear the same, that the Party complaining, or on whose behalf the Complaint shall be made, is entitled to Relief, and that adequate Relief hath been refused by the Select Vestry, it shall be lawful for such Justices to make an Order, under their hands and seals, for such Relief as they, in their just and proper discretion, shall think necessary (reference being also had by such Justices to the character and conduct of the Applicant ;) provided, that in every such Order, the special cause of granting the Relief thereby directed shall be expressly stated; and that no such Order shall be given for, or extend to, any longer time than one Month from the date thereof.

any

Provided always, That nothing herein contained shall extend to take away from any Justice of the Peace the power of making an Order for Relief (in such manner as he is now by Law authorized to do) in case of urgent necessity, to be specified in such Order; provided always, that such Order shall remain in force only until the assembling of the Select Vestry of the Parish to which such case shall relate; and such 6 Justice shall by writing under his hand require such Select Vestry to assemble forthwith, and take such case into consideration; and that no Justices shall make any Order for Relief on the Overseers or Churchwardens of any Parish not having any Select Vestry, except under the like discretion, and under such reference to the character and conduct of the Applicant, as are hereinbefore directed to be acted upon by such Justices in cases where Relief shall have been refused by any Select Vestry.

And be it further Enacted, That every Select Vestry, to be established by the authority of this Act, shall cause Minutes to be fairly entered in Books, to be for that purpose provided, of all their Meetings, Proceedings, Resolutions, Orders and Transactions, and of all Sums received, applied and expended, by their direction; and such Minutes shall from time to time be signed by a majority of the Members present at each Meeting; and shall, together with a Summary or Report of the Accounts and Transactions of the Select Vestry, be laid before the Inhabitants of the Parish in General Vestry assembled, twice in every year, that is to say, in the month of March, and the month of September, and at such other times as the Select Vestry shall think fit;

and the

One Justice may Relief, in cases of

order temporary

urgent necessity.

Minutes to be kept of the Proceedings

of Select Veftries.

Minutes of Select
Vestries and Reports
of their Proceedings
to be laid before the

Inhabitants in
General Vestry.

121.

Minutes

Notice to be given

of Veftries for the Eftablishment and Election of Members, and for receiving Reports of Select Veftries.

Power to appoint Non-refident Overfeers.

Affiftant Overseer may be appointed.

Minutes, Proceedings, Accounts and Reports of every Select Vestry, shall belong to the Parish, and be preserved with the other Books, Documents, Accounts, and public Papers thereof.

Provided, and be it further Enacted, That the Churchwardens and Overseers of the Poor shall cause Ten Days Notice, at the least, 7 to be publicly given, in the usual manner, of every Vestry to be holden for the purpose of establishing any Select Vestry, or of nominating and electing the Members, or any Member thereof, and of every Vestry to be holden for the purpose of receiving the Report of the Select Vestry; and every Notice of any such Vestry shall state the special purpose

thereof.

.

And be it further Enacted, That it shall be lawful for His Majesty's Justices of the Peace, in their respective Special Sessions for the appointment of Overseers of the Poor, upon the nomination and at the request of the Inhabitants of any Parish in Vestry assembled, to appoint any Person who shall be assessed to the Relief of the Poor thereof, and shall be a Householder resident within Two miles from the Church or Chapel of such Parish, or where there shall be no Church or Chapel, shall be resident within One mile from the boundary of such Parish, to be an Overseer of the Poor thereof, although the Person so to be appointed shall not be an Householder within the Parish of which he shall be so appointed an Overseer of the Poor; and it shall be sufficient, in every such appointment, to describe the Person appointed by his name and residence; provided that no Person shall be appointed to, or be compellable to serve the office of Overseer of the Poor, of any Parish or Place in which he shall not be a Householder, unless he shall 8 have consented to such appointment.

And be it further Enacted, That it shall be lawful for the Inhabitants of any Parish in Vestry assembled, to nominate and elect any discreet Person to be an Assistant Overseer of the Poor of such Parish, and to determine and specify the Duties to be by him executed and performed, and to fix such Yearly Salary for the execution of the said office as shall by such Inhabitants in Vestry be thought fit; and it shall be lawful for any Two of His Majesty's Justices of the Peace, and they are hereby empowered, by Warrant under their hands and seals, to appoint any Person who shall be so nominated and elected to be an Assistant Overseer of the Poor, for such purposes, and with such Salary, as shall have been determined specified and fixed by the Inhabitants in Vestry; and such Salary shall be paid out of the money raised for the Relief of the Poor, at such times and in such manner as shall have been agreed upon between the Inhabitants in Vestry and the Person so to be appointed; and every Person to be so appointed an Assistant Overseer shall be, and he is hereby authorized and empowered, to execute all such of the Duties of the office of Overseer of the Poor as shall, in

the

9

the Warrant for his appointment be expressed, in like manner and as fully, to all intents and purposes, as the same may be executed by any ordinary Overseer of the Poor; and every Person so appointed shall continue to be an Assistant Overseer of the Poor until he shall resign such office, or until his appointment shall be revoked by the Inhabitants of the Parish in Vestry assembled, and no longer; and it shall be lawful for the Inhabitants of any Parish, upon the nomination and clection by them of an Assistant Overseer, to require and take such security for the faithful execution of his office, by Bond or otherwise, as they shall think fit.

Children whose Pa

rents are unable to

fupport them, may be provided for by the

Parishes, in Places to be appointed.

AND whereas by an Act passed in the Forty-third year of the Reign 43 Eliz. c. 2. §. 1. of Queen Elizabeth, intituled, "An Act for the Relief of the Poor," the Churchwardens and Overseers of the Poor of any Parish, or the greater part of them, are required to take order, with the consent of Two or more Justices of the Peace, for setting to work the Children of all such whose Parents shall not, by the said Churchwardens and Overseers, or the greater part of them, be thought able to keep and maintain their Children; IN Order the more effectually to provide for the setting to work, and for the maintenance and due instruction of the Children of such poor Parents as are unable to keep and maintain them, and thereby to prevent Money being paid to such Parents on account of such Children, which Money has been found by experience to have been 10 frequently misapplied by such Parents; BE it further Enacted, That when any poor Person, having any Child or Children between the ages of Five and Twelve years, residing with such poor Person as part of his or her family, shall apply for Relief for himself or herself, or for his or her family, on account of such Child or Children, from the Parish in which he or she shall reside, it shall be lawful for the Churchwardens and Overseers of the Poor, with the consent of the Inhabitants in Vestry, instead of other Relief, to take into their care and management any such Child or Children as aforesaid, of the Person so applying for Relief, and to cause them to be maintained, instructed, and employed at the expense and on account of the Parish in some suitable and convenient place or places within the Parish, or within such distance therefrom, as Two or more Justices in Special Sessions assembled, shall under their hands and seals approve, and either to be lodged there or in the dwellings of their respective Parents, as shall in each case be directed by the Churchwardens and Overseers of the Poor, who shall act therein conformably with the instructions of the Inhabitants in Vestry, where any such instruction shall have been given; and such Superintendents, Masters, Mistresses, and other proper Persons as shall be found requisite, shall be appointed and employed for the care and instruction and government of the Children to be so maintained; and it Orphan and deferted shall be lawful for the Churchwardens and Overseers of the Poor of Children. any Parish, with the consent of the Inhabitants in Vestry, to cause such

11

121.

B

poor

Parish Houfes may be used for the re

ception of Children.

for their manage

ment.

poor orphan or deserted Children, under the age of Twelve years, as shall be chargeable to the Parish, to be in like manner maintained instructed and employed.

And be it further Enacted, That it shall be lawful for the ChurchWardens and Overseers of the Poor of any Parish, with the consent of the Inhabitants thereof in Vestry assembled, to use and apply for the reception of such Children, any House or Houses, Building or Buildings which shall belong to the Inhabitants of such Parish, or to the Churchwardens and Overseers of the Poor thereof (upon any trust not incompatible with such an application) and to repair and fit up the same for that purpose, or to purchase, or hire and take on lease, for the like purpose, and to repair and fit up, any other suitable House or Houses, Building or Buildings, in or within a convenient distance from such Parish; or to purchase any Land conveniently situated for the purpose of building, and to erect thereon such Buildings as shall, by such Inhabitants in Vestry, be thought fit, and be approved of by Two or more 12 Justices who shall inspect the same, and certify that they are proper Rules may be framed for the reception of such Children; and it shall also be lawful for the Inhabitants of any Parish in Vestry assembled, to frame Rules and Regulations for and with regard to the diet, clothing, instruction, management and government of the Children to be so maintained by the Parish, which shall be presented to Two or more Justices of the Peace in some Special Sessions, who shall examine the same; and if such Justices shall disapprove of any of such Rules and Regulations, they shall order the same to be again taken into the consideration of the Vestry, and so from time to time as often as there shall be occasion; and such Rules and Regulations having been confirmed by such Justices (the same not being repugnant to Law, nor to any of the provisions of this Act) shall be observed and carried into effect; and such Rules and Regulations may in like manner be from time to time altered and amended as occasion shall require; and no Justice of the Peace dren, for whom the shall have power to order any other Relief to, for, or in respect of any such Child as aforesaid, whom the Churchwardens and Overseers shall be ready, and shall offer to receive and to provide for in the manner hereby directed.

Rules to be confirmed by Juftices.

No other Relief to
be ordered for Chil-

Parith fhall offer to

provide.

Justices empowered to vifit Houfes provided for the reception of Children.

30 Geo. 3. c. 49.

Provided nevertheless, and be it further Enacted, That all Justices 13 of the Peace, within their respective Jurisdictions, shall have such and the like power of visiting and inquiring into the condition of all Houses and Places to be provided and used for the reception of such Children, and examining the state of the Children there maintained, and of making such Orders, whether in or out of Sessions, in all cases requiring Relief or Assistance, as by an Act passed in the Thirtieth year of His present Majesty's Reign, intituled, "An Act to empower Justices and other "Persons to visit Parish. Workhouses or Poorhouses, and examine and

certify the state and condition of the Poor therein to the Quarter "Sessions," is given and provided with respect to Parish Workhouses, and the poor People therein, as fully as if the powers and provisions of the said Act were herein repeated, and were expressly applied to the Houses and Places to be provided and used for the reception of such Children.

in Establishments for

Children.

Provided also, and be it further Enacted, That if the Inhabitants Parishes may unite of Two or more Parishes, in their respective Vestries assembled, shall consent and resolve to unite in the establishment and support of any House, Building or Place, for the reception, maintenance, instruction and employment of the poor Children of their several Parishes, and 14 shall cause their Resolutions for that purpose to be laid before Two or more Justices of the Peace, and such Justices shall approve thereof, and shall certify their approbation, by writing under their hands, then such several Parishes shall, for the purposes of such Establishment, and thẻ, maintenance, instruction and employment of the poor Children of both or all such Parishes, be united accordingly; and each Parish shall contribute to the expense of such joint Establishment, in such proportion as shall be agreed upon or consented to in such Vestries; or where there shall be no such agreement or consent touching the expenses, then in such proportion as Two Justices, in some Special Sessions, shall by their Order determine; and the Churchwardens, Overseers of the Poor, and Inhabitants of the Parishes so uniting, shall, for all the purposes of such joint Establishment, be considered and act as one body, and shall, for the consideration and transaction of all matters relating thereto, meet in each Parish alternately, unless they shall otherwise agree.

AND whereas there are many Parishes, Townships, or Places, in which no sufficient Poorhouse or Workhouse can be procured for the accommodation of poor Persons requiring relief within such Parish, Township, or Place; BE it Enacted, That it shall and may be lawful for the Inhabitants of every such Parish Township or Place, in Vestry assembled, to purchase or hire any suitable and convenient House or Houses, Building or Buildings, for that purpose, in any adjoining Parish Township or Place, with the consent of Two or more Justices, at their Special Sessions, signified by their signing the Agreement for such House or Houses, Building or Buildings, so to be purchased or hired: Provided always, That no such House or Building shall be situate more than Three miles from the Parish Township or Place purchasing or hiring the same.

And be it further Enacted, That every such House or Building which shall be so purchased or hired, shall in all questions relative to the Settlement of such Persons as shall be born or shall be lodged therein, be deemed and taken to be part of the Parish Township or Place, on behalf of which the same shall be so purchased or hired as aforesaid.

121.

And

Where no Poorprocured in the Parish, adjoining Parith may be reforted to.

house, &c. can be

Which Building, as to Settlement, fhall

be in the Parish so purchasing or hiring.