Slike strani
PDF
ePub

Veftries.

Person thereby rated; and every Person so rated shall be entitled as an and may vote in Inhabitant of the Parish in and for which he shall be assessed, to be present, and to vote in every Vestry or Meeting of the Inhabitants thereof, for the execution of the Laws for the Relief of the Poor, or for the consideration of any matter or question in relation thereto, in like manner as the Inhabitants of the said Parish.

Provided, and be it further Enacted, That nothing in this Act contained, shall extend, or be construed to extend, to give any power or authority to assess the Owner (not being the Occupier) of any House Apartment or Dwelling, in any City Borough or Town Corporate, in which the Right of voting for the Election of Members to serve in Parliament shall depend upon the Assessment of the Voter to the Poor's Rate, or to vary or affect the manner of assessing and charging any of the Inhabitants or Occupiers of Houses Lands or Tenements, within any such City Borough or Town Corporate.

[blocks in formation]

Juftices empowered, deliver the pos

in certain cafes, to

seffion of Parish

Houfes to Overseers.

AND whereas difficulties have frequently arisen, and considerable expenses have sometimes been incurred, by reason of the refusal of Persons who have been permitted to occupy, or who have intruded themselves into Parish or Town Houses, or other Tenements or Dwellings, built or provided for the habitation of the Poor, to deliver up the possession of such Houses Tenements or Dwellings, when thereto required, and it is expedient to provide a remedy for the same; BE it further Enacted, That if any Person who shall have been permitted to occupy any Parish or Town. House, or any other Tenement or Dwelling belonging to, or provided by, or at the charge of any Parish, for the habitation of the Poor thereof, or who shall have 27 unlawfully intruded himself or herself into any such House Tenement or Dwelling, shall refuse or neglect to quit the same, and deliver up the Possession thereof to the Churchwardens and Overseers of the Poor 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 or her absence affixed on some notorious part of the Premises, 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 Summons

230.

D

Juftices empowered to deliver poffeffion of Land appropriated

for the Poor.

Juftices in Petty Ses. sions empowered to order Relief by Parents, &c. as

Justices in Quarter

Sessions, by
3 Eliz. c. 2. ý. 7.

Summons hath been delivered or affixed as is hereby directed, to proceed 28
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, 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 Petty Sessions; BE it further Enacted, That it shall be lawful for any Two or more of His Majesty's Justices of the Peace, for the County or other Jurisdiction in which any such sufficient Person shall dwell, and they are hereby empowered, in any Petty 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 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 Petty Session

31

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 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 Complainant, 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.

22 G. 3. c. 85. §.36. Cafes in which Re

lief may be ordered by incorporated Parifhes, without previous application to

the Visitor.

foners to their Settlements, made

And be it further Enacted, That it shall be lawful for any Two Examination of Priof 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 Evidence. 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 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, for the purpose of any Order of Removal, so long only as the Person so examined shall continue a Prisoner.

AND whereas it is expedient to discourage that Reliance upon the Poor's Rates which frequently induces Artisans, Labourers and others, to squander away Earnings, which would with suitable care have afforded sufficient means for the support of their Families; BE it further Enacted, That whenever it shall appear to the Justices, or to the General or Select Vestry, or to the Overseers of the Poor, to whom application shall be made for Relief for any poor Person, that he might, but for his extravagance, neglect, or wilful misconduct, have been able to maintain

CLAUSE (B.) Overseers em

powered in certain cases to give Relief by way of Loan only.

Penfions for service in the Navy, Army, &c. may be affigned

in certain cafes for the Indemnity of Parishes.

tain himself, or to support his Family, (as the case may be,) it shall be lawful for the Overseers of the Poor, (by the direction of the Justices, or of the General or Select Vestry, where application shall have been made to them respectively,) to advance Money weekly or otherwise, as may be requisite to the Person so applying, by way of Loan only; and to take his Receipt for, and engagement to repay every Sum to be so advanced, (for which no Stamp Duty shall be required;) and it shall be lawful for any Two Justices, upon the application (within one year after any such Loan or Loans) of one or more of the Overseers of the Poor for the time being of the Parish, to summon the Person to whom any Money shall have been so advanced; and if upon examination by such Justices into his circumstances, it shall appear to them that such Person is able, by weekly instalments or otherwise, to repay the whole or any part of the Money so advanced to him, and for which he shall have given any such receipt and engagement; it shall be lawful for such Justices to make an Order under their hands and seals, for the repayment of the whole or of any part of such Money, at such time and times, and in such proportions and manner as they shall see fit; and upon every default of Payment, by their Warrant to commit such Person to the Common Gaol or House of Correction, for any time not exceeding Three calendar Months, unless the Sum and Sums which shall be due and payable by virtue of such Order, shall be sooner paid.

And be it further Enacted, That when any Person entitled to or in receipt of any Pension, Superannuation or other Allowance, in respect of his service in the Navy, Army, or Ordnance, shall apply to any Parish for Relief for himself or for his Wife or Family, it shall be lawful for the Churchwardens and Overseers of the Poor, to require the Pensioner or other Person applying for Relief, before the same shall be granted, to assign to them the next quarterly or other payment or allowance which shall become payable to him, 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 advanced for the relief of such Pensioner, or other Person, 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, Superannuation or other Allowance, to advance for his support, or the support of his Family, any weekly sum not exceeding 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 take an Assignment thereof by way of Security, for the Money so to be advanced, any thing in any Act or Acts to the contrary notwithstanding; and every Assignment to be made of any such Pension, Superannuation, or Allowance, for the purposes of this Act, shall be exempt from Stamp Duty, and shall be in the form, or to the effect following; that is to say:

35

"I [naming the Pensioner, or other Applicant, and stating such Form of Alignmente "Particulars as shall be requisite] do hereby assign to the

"Churchwardens and Overseers of the Poor of the Parish

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]
[ocr errors]

"in order to secure to the said Parish of

"the Repayment of the sum of

"advanced to me [or, of the weekly sum of

[ocr errors]

66

ordered or agreed to be advanced to

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

[blocks in formation]

to be paid to Churchwardens, &c.

36 And every such Assignment, attested by one of His Majesty's Justices of the Peace, of any Quarterly or other Payment, payable by the Commissioners for the Affairs of the Royal Hospitals at Chelsea or Greenwich, or by the Treasurer of the Board of Ordnance respectively, and made as aforesaid to any Churchwarden or Overseer of the Poor of any Parish, shall be transmitted by such Churchwarden or Overseer at least one Month before such Payment shall become due, under cover, addressed to the Paymaster General of His Majesty's Forces, with the words "Chelsea Pensioner" written thereon, or to the Paymaster of Pensions at Greenwich Hospital, with the words "Greenwich Pensioner" written thereon, or to the Secretary to the Board of Ordnance, with the words "Ordnance Pensioner" written thereon; who shall thereupon respectively cause the said Payment to be made to the Churchwardens The Penfion affigned or Overseers of the Poor of the Parish for whose security the Assignment shall have been made, in the same manner as the said Payment would have been made to the Person assigning the same, if no such Assignment had been made; and such Churchwardens and Overseers, or any one 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 or Person by whom such Assignment shall have been made; and if any question shall arise between the Pensioner or Person 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 37 Assignment, the same shall be determined in a summary way by one of His Majesty's Justices of the Peace, and his order and determination therein shall be final and conclusive: Provided, That no such Assignment 230.

E

shall

Affignments of

Pentions to become void by the death

« PrejšnjaNaprej »