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) One justice may order relief to poor at their own homes for three months for six months. By 55 Geo. III. c. 137. s. 3., (2) reciting 36 Geo. III. c. 23. s. 2. & 5., and that it is expedient that justices should be empowered to order relief to be paid to poor persons in the cases mentioned in the said act, for longer periods than 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 any further 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 such 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. order such re 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 3s. 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. of loan. 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 (1) Rex v. Keer & Rich, 5 Term Rep. 159. 1 Bott. 410. Pl. 501. (2) Qu. how far this provision is affected by 59 Geo.III. c. 1. s. 5. ante, 356. Justices may order sums advanced to be repaid. Pensions of 66 frequently induces labourers and others to squander away earnings which would otherwise have supported "their families;" it is enacted, that wherever it shall appear to the justices, or to the general or select vestry, or to guardians, governors, or directors, or to the overseers of the poor, to whom application shall be made for relief, that the party might, but for his extravagance, neglect, or wilful misconduct, have maintained himself, or family, as the case may be. The overseers (by the direction of the justices, or of the general or select vestry, or of the guardians, &c. where application shall have been made to them respectively) may advance money, weekly or otherwise as may be requisite, to the person so applying, by way of loan only, and take his receipt for and engagement to repay every sum to be so advanced (for which no stamp duty shall be required); and any two justices (within one year after any such loan) may, upon the application of the overseers, 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 his receipt and engagement as aforesaid, they may make an order under their hands and seals for the repayment of the whole, or of any part of such money, at such times, and in such proportions and manner, as they shall see fit; and upon every default of payment, may by their warrant commit such person to the common gaol or house of correction, for any time not exceeding three calendar months, unless the sums due and payable by virtue of such order shall be sooner paid. Sect. 30. enacts, that when any person entitled to a pension those applying for relief to be in respect of service in the navy, army, marines, or ordnance, assigned. applies for relief for himself or family, he may be required to assign the next quarterly or other payment which shall become due, to repay what shall be so advanced for the use of him or his family; and the churchwardens and overseers may advance a weekly sum, not exceeding the rate of ters. the pension, to be repaid out of the next quarterly or other payment of such pension, and may take an assignment thereof by way of security, which shall be exempt from stamp duties, [the form of which assignment is given by the statute]; and To be transevery assignment being attested by one justice, and trans- mitted to certain paymasmitted by the churchwarden or overseer at least one month before such payment shall become due, to the paymastergeneral of His Majesty's forces, or to the paymaster of the pensions at Greenwich, or of the royal marines, or to the secretary of the board of ordnance, under cover, directed as prescribed by the act, such pension shall be paid to the said churchwardens and overseers, who shall retain so much thereof for the use of the parish as shall have been advanced on the security of such assignment, and the residue shall be paid over to the pensioner; and any dispute arising Disputes to be between him and the churchwardens and overseers touch- settled by jusing the amount due on such assignment, shall be determined in a summary way by one justice, whose order shall be final and conclusive; but if the party assigning the pension die before the day of payment, the churchwardens and overseers shall not be entitled to receive it. Sect. 31. enacts, when any such pensioner shall leave or suffer his wife or family to be chargeable to any parish, two justices on complaint thereof by the churchwardens and overseers, verified on oath, may order, under their hands and seals, the next payment of the pension to be made to the churchwardens and overseers, which order shall be transmitted to the commissioners for the affairs of the hospitals at Chelsea or Greenwich, or the secretary of the board of ordnance, in like manner as the assignments are directed to be by the last section; and the paymasters aforesaid, upon proof that the pensioner is living, and entitled to the same, shall make such payment to the churchwardens and overseers, who shall retain thereout so much as has been advanced by the parish, and pay over the overplus to such pensioner; but no such payment shall be made until sufficient proof has been given to entitle the churchwardens and overseers to receive it. tices. Assignment void by death of the party. Justices may order wages of seamen, whose families are chargeable during their absence, to be assigned. Poor not to wear badges. Parishes em powered to appoint select vestries for the concerns of Section 32. And whereas, in many instances, the wives and families of seamen employed in the merchants' service become chargeable to parishes while their husbands and fathers are absent on such service, it is enacted, that where the wife or family during the absence of any seaman (not being in His Majesty's service) employed in any voyage shall become chargeable; two justices, on complaint thereof by the churchwardens and overseers, verified on oath, may order, under their hands and seals, the acting owner, ship's husband, or agent of the ship, in which such seaman shall be employed, to pay out of the wages due to such seaman, so much as has been necessarily expended for the maintenance of such family (the amount to be ascertained by two justices); and such owner, &c. upon the production of such order, shall pay the sums therein specified, not exceeding the amount of wages due; and the payment to, and receipt of, the churchwardens and overseer, shall be a discharge for so much of the wages so paid; and if any such owner, &c. shall refuse or neglect to pay the money so directed to be paid, the same may be levied by distress as arrears of poor's rates; provided that nothing in the act shall compel the payment of any sums till the voyage is complete, nor beyond the sum actually due to such seaman. By the 50 Geo. III. c. 52., so much of the statute of 8 & 9W.III. c.30. as provides that certain badges therein mentioned shall be worn by the poor, at the peril of their being put out of the parish books and refused relief, is repealed. 59 Geo. III. c. 12. s. 1. enacts, that the inhabitants of any parish in vestry assembled, may establish a select vestry for the concerns of the poor, and to that end may nominate and elect in the same or subsequent vestry, or adjournment thereof, so many substantial householders or occupiers within such parish, not exceeding twenty, nor not exceeding less than five, as shall be thought fit to be members of the twenty, nor select vestry; and the rector, vicar, or other minister of the the poor. Substantial householders parish, and in his absence the curate (such curate being less than five, nated and elected as aforesaid, (such inhabitants being first Must be ap- and every such select vestry shall continue to act from the Continuance Overseers to |