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treasury were authorised to issue exchequer bills not exceeding 1,500,000l., to be applied, amongst other objects, to the employment of the poor of parishes in Great Britain.

Section 29. provided, that no advance shall be made Consent to unless the application be made with the consent of three- application. fourths in value, and a majority in number, of persons assessed; and if there be a select vestry, governors of the poor, &c. then with the consent of four-fifths of them, such consent to be certified by a justice and one or more overseers.

Section 30. The application must be sanctioned by two Justices. justices, acting as such within or for the parish, &c.; and the application of the sums advanced shall be under their control.

Section 31. limits the amount of the advance.

Section 32. provides for the repayment of the sums advanced within two years.

Section 33. No advance shall be made, unless the sums expended for the relief of the poor shall exceed a certain sum.

Subsequent regulations have been introduced by 57 Geo.III c. 124. i Geo. IV. c. 60. 1 & 2 Geo. IV. c. 111. and, lastly, by stat. 3 Geo. IV. c.86., a further issue of exchequer bills is authorised for the purposes of these acts.

An order of relief might be made by one justice under Single justice 43 Eliz. c. 2. (1), but the power is more distinctly given lied by 45 Eliz. either to a single justice or the quarter sessions by 3W.& M. c.2. c. 11. s. 11. (2), which, after reciting that churchwardens and Sessions by

3W.&M. overseers frequently, upon frivolous pretences, give relief c.11. to the poor, provides that a book shall be kept, that the names of those who receive relief shall be inserted in the book, with the date and reason of such relief; that yearly in Easter week, or as often as is convenient, the book shall

(1) Per Lord Kenyon, C.J. Rex v. Keer and Rich, 5 Term Rep. 159. (2) Rex v. Winship and Greenwell, Cald.72.

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be produced to the parishioners in vestry or other place of meeting, who may examine the causes of such relief, and make new lists; and further, that no person who is not in the book shall receive relief, except by order under hand and seal of a justice, or by order of justices at quarter sessions, except in cases of pestilential diseases, plague, or small-pox.

This section of 3 W.III. c.1l. gives no express authority to a neighbouring justice to make an order of relief, except where none resides in the parish: the words of the statute being, “if no justice be dwelling in the parish.” This has been argued, therefore, to be a declaration, that if a justice be dwelling in a parish he only shall have cognizance of the matter; and that being the foundation of his jurisdiction, the order ought to aver, that the justices making it lived in the parish, or that there was none living there. But it has been decided, that the statute was in this respect only directory, for which Salk. 473. was relied upon. (1),

Overseers.

By 9 Geo.l. The 9 Geo. I. c. 7. s. 1. reciting the stat. 3 W.& M. e. 11., c.7. must be and that under colour of such provision many persons have oath of previous refusal to applied to the justices without the knowledge of the parish relieve and officers, and upon false suggestions obtained relief, to the summons of

great increase of the rates, directs that no justice shall order relief until oath be made of some matter which he shall judge to be reasonable cause for having relief, that the party has applied for relief to the parishioners at a parish meeting, or to two overseers, and has been refused; and until such overseers have been summoned to show cause why the relief should not be given, and the person so summoned hath been heard or made default.

59 Geo.IlI.

And by 50 Geo. III. c. 12. s.5. every order after 1st May, c.12. Order of re- 1819, for the relief of the poor, where there is no select lief where

vestry under this act, shall be made by two or more justhere is no select vestry, to tices, who are to take into consideration the character and be made by conduct of the person applying for relief; provided that in

(1) Rex v. Woodst erton, 2 Barnard, K.B. 207. 247. See ante, Vol. I. 53.

every such order the special cause of granting the relief two or more shall be expressly stated, and that no such order shall extend justices, except

in certain cases beyond one month from the date thereof; provided also, of emergency. that in cases of emergency and urgent distress one justice may order relief, stating the circumstances in the order, which order shall not entitle the party to claim relief more than fourteen days from the date thereof, nor shall it have effect after the next petty session holden for that district.

By 9 Geo. I. c. 7. s. 2. the name of the party whom the 9Geo.I. c.7. justice shall order to be relieved shall be entered in the Person's name

receiving rebook to be kept by the parish as one to receive relief as lief to be long as the cause of such relief continues, and no longer. registered. And no officer (except upon sudden and emergent occasions) shall charge to the parish any monies given to any poor person who is not so registered in such book, on pain of forfeiting 5l., to be levied by distress and sale, by warrant of any two justices of the county, which sum shall be applied to the use of the poor of the parish. The 9 Geo.I. c. 7. s. 4. enacted, that any poor person

in parish where there is a workhouse, who refused to be lodged or maintained there, shall be put out of the book containing the names of those who ought to receive relief, and shall not be entitled to relief.

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This statute was productive of many harsh consequences, notwithstanding the humane interpretation put upon it by the judges, viz. that it extended only to compel those persons of a family to go there who were in actual want of relief. (1)

And now by 36 Geo. III. c. 23. s. 1. Reciting the 4th section Poor may be of 9 Geo. I. c. 7. whereby it is provided, that the parish offi- relieved at

home, not cers, with the consent of the major part of parishioners withstanding a in vestry assembled, may hire houses in the parish, and workhouse has

been provided. contract with any person for the maintaining and employing the poor, and for taking the benefit of their labour,

(1) Rex v. Haigh, 3 Term Rep. 657. Rex v. North Shields, Cald. 68. ad see Rex v. Carlisle, 3 Burn's Just. tit. Removal,

which poor, if they refuse to lodge in such house, shall be put out of the parish books, and disabled from receiving relief; and that such provision is oppressive, inasmuch as it prevents the industrious poor from receiving occasional relief, and holds out conditions of relief injurious to such poor (1): it is enacted, that the overseers, with the approbation of the major part of the parishioners, or with the approbation in writing of any justice, may distribute relief to the industrious poor at their own homes suffering under temporary illness or distress; as also in certain cases respecting the health and condition of the poor-house hired or purchased for lodging the poor, pursuant to the 9 Geo. I.c.7.

By section 2. any justice of the county or district may direct relief to be given at his discretion to any industrious poor, and such poor shall be entitled to ask and receive such relief at their own homes, notwithstanding any contract to be made for maintaining the poor in any poorhouse as aforesaid.

One justice may order relief to poor at home.

For a time not Provided by section 3., that the causeof ordering such relief exceeding one to the poor at their own homes be expressed in the order, month.

which shall not remain in force after one month from the Two justices date thereof; but two justices may make a further order to lief for further the same effect for further time, not exceeding a month, time. and so on from time to time as occasion shall require; such

justices first administering an oath as to the necessity of such relief, and summoning the overseer to show cause why such relief should not be given, as in cases where no contract for the maintenance of the poor has been made.

'l he act not to But by section 4. this act shall not extend to places apply where house is pro

where any house of industry, or other place for the recepvided by tion and provision of the poor shall be erected, pursuant 22 Geo.ll.

to 22 Geo. III. c. 23., or under any special act of parliac.23.

ment.

Where, therefore, 4 Geo. III. c. 90. was passed, for incorporating two hundreds, and directed that a house should

(1) Vide post.

be built for the poors' reception, and provided that three months after the house should be built the said poor persons and persons incapable of providing for themselves should be under the government and management of certain guardians of the poor, it was held, that this excluded the magistrates of the county from any jurisdiction to make an order for the relief of the poor living within that district.(1)

By 55 Geo. III. c. 137. s.3., (2) reciting 36 Geo. III. c. 23. One justice s. 2. & 5., and that it is expedient that justices should be relief to poor empowered to order relief to be paid to poor persons in at their own

homes for the cases mentioned in the said act, for longer periods than

three months one month at a time, it is enacted, that any justice, in the the cases and manner mentioned in the said act, may order relief to any poor at their homes during such time as to such justice shall seem proper, not exceeding three months from the date of the order; and that any two justices may Two justices make a further order for the same purpose for

for six months. further

any time not exceeding six months from the date thereof, and so on from time to time as occasion shall require; such justice or justices first administering an oath as to the need and cause of such relief, and summoning the overseers to shew cause why such relief should not be given, as in cases where no contract for lodging and maintaining the poor has been made; and the justices who make the order, if they think Justices may

order such resuch relief ought to be discontinued before the expiration of lief to be disthe time for which the order has been made, may order such continued. relief to be discontinued.

By sect. 4. the money which the justice, &c. may order Sum limited to to be paid for any longer period than one month, shall not 38. per week. exceed for each person 3s. per week, or three fourths of the average weekly expence of the maintenance of each poor person in the workhouse.

By 59 Geo. III. c. 12. s. 29. reciting that “it is expedient Relief may be “ to discourage that reliance upon the poor's rates which given by way

of loan. (1) Rex v. Keer & Rich, 5 Term Rep. 159. i Bott. 410. Pl. 501.

(2) Qu. how far this provision is affected by 59 Geo.III. c. 1. s.5. ante, 356.

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