such persons fully and constantly employed, it is enacted, that the churchwardens and overseers of the parish may, with the consent of the inhabitants in vestry assembled (1), take into their hands any land belonging to the parish or parish officers, or the poor thereof; or purchase, hire, and take on lease, on account of the parish, any suitable portion of land Not to exceed within or near the parish not exceeding twenty acres, and employ in the cultivation of it, on account of the parish, such Poor entitled persons as they are by law directed to set to work, and pay 20 acres. to wages. Land may be let to the poor. Rent. Limitation of sums to be raised. such persons reasonable wages; who shall be entitled to the same remedies for the recovery of their wages, and shall be liable to the same punishment for misbehaviour, as other labourers in husbandry are. Section 13. For the promotion of industry amongst the poor; the churchwardens and overseers of any parish, ́ with consent of the inhabitants in vestry assembled, may let any portion of parish land, or of the land purchased or taken on account of the parish, to any poor and industrious inhabitant to be occupied on their own account, at such reasonable rent, and for such term as shall be fixed by the inhabitants in vestry. Section 14. limits the sum to be expended in one year, in purchasing and stocking land, and in purchasing and repairing buildings, to not exceeding one shilling in the pound upon the annual value of property in the parish, assessable to the poor's rate, unless by consent of the majority of inhabitants and occupiers assessed being present in vestry, and by consent in writing in the vestry-book of twothirds in value of the inhabitants and occupiers, whether present or not. By 57 Geo. III. c. 34. the commissioners of His Majesty's (1) As many powers respecting the relieving the poor in all its branches are given to the inhabitants of parishes in vestry assembled, see the statutes 58 Geo. III. c. 69., and 59 Geo. III. c. 85., by which these meetings are regulated, Vol. I. p. 41. 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. 1 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. 3W.&M. c.11. 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 lief by 43 Eliz. may order reeither 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 overseers frequently, upon frivolous pretences, give relief 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. By 9 Geo.I. c.7. must be ous refusal to relieve and summons of Overseers. 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.11. 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), The 9 Geo. I. c. 7. s. 1. reciting the stat. 3 W. & M. c.11., and that under colour of such provision many persons have oath of previ- applied to the justices without the knowledge of the parish officers, and upon false suggestions obtained relief, to the 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.III. c. 12. lect vestry, to And by 50 Geo. III. c. 12. s. 5. every order after 1st May, 1819, for the relief of the poor, where there is no select vestry under this act, shall be made by two or more justices, who are to take into consideration the character and 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. 55. in certain cases 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 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 9 Geo. 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 a 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. 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 of 9 Geo. I. c. 7. whereby it is provided, that the parish officers, with the consent of the major part of parishioners in vestry assembled, may hire houses in the parish, and 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. and see Rex v. Carlisle, 3 Burn's Just. tit. Removal. Poor may be relieved at withstanding a workhouse has been provided. home, not One justice may order relief to poor at home. For a time not month. 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. Provided by section 3., that the cause of ordering such relief exceeding one to the poor at their own homes be expressed in the order, which shall not remain in force after one month from the Two justices date thereof; but two justices may make a further order to may order relief for further the same effect for further time, not exceeding a month, 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. time. 'The act not to house is pro- c.23. But by section 4. this act shall not extend to places where any house of industry, or other place for the reception and provision of the poor shall be erected, pursuant to 22 Geo. III. c. 23., or under any special act of parlia ment. Where, therefore, 4 Geo. III. c. 90. was passed, for incorporating two hundreds, and directed that a house should (1) Vide post. |