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Sect.30. All infant children of tender years, who, from children are to be provided accident or misfortune, shall become chargeable where
they belong, may be either sent to such poor-house, or be
from his parent, without their consent.
Sect. 31. All idle or disorderly persons who are able but neglecting to provide for
unwilling to work or maintain themselves and families, shall their families
be prosecuted by the guardians, and punished as idle and to be prosecuted.
disorderly persons are directed to be under 17 Geo. II. (2) And any guardian neglecting to complain thereof to some
justice within ten days after it shall come to his knowledge, Penalty for not shall forfeit a sum not exceeding 5l. nor less than 20s., half complaining.
to the informer, and half as other forfeitures are herein directed to be disposed of.
Repeal of pro- By sect. 1. so much of the 9 Geo. I. c. 7. s. 4. as respects 9G.1.c.7. s.4. the maintaining or letting out the labour of the poor by
contract, by any parish, &c. which adopts the provisions of this act, is repealed, and the contract made for those purposes shall be void.
(1) The indentures must be executed by the church wardens and overseers. Where the guardian executed them, they were held insufficient to confer a settlement. Rex v. Lutterworth, Mich. Term, 1824. MSS. (2) And now by 5 Geo. IV. c. 73. See the 21st section.
Sect. 32. Where any poor shall be able and willing to Guardians work, but cannot get employment, the guardian, on applica- may agree for tion made on behalf of such poor persons, may agree for of the poor. their being employed suitably to their strength and capacity, near the place of their residence, and maintain them until such employment shall be procured, and during such work, and receive the money earned, and apply it for their main- Take their tenance, and make up the deficiency, if any; and, if the wages. money earned exceed the sum expended in their mainte- Support them. nance, they shall account for the surplus, which shall in one month be given to such poor persons, if no further expences be then incurred; and if such poor person shall refuse to work, or run away from such employment, the guardians shall complain to a justice, who shall, on conviction, commit the offender to the house of correction, there to be kept to hard labour not exceeding three calendar months, nor less than one.
Sect. 2. The visitors and guardians may make agree. Visitors and ments for the diet and clothing of such as are sent to the guardians to houses provided by this act, and for their work and labour, the diet, clothsuch agreement not to continue for more than twelve ing of the poor,
and for their months, and to be under the controul of the visitor, guar- labour. dians, and governor, and also of the justices, two of whom, upon proof of abuse, are empowered to dissolve the contract. (1)
Sect. 33. The guardian of every parish shall provide Guardian to necessary elothing for the poor sent by him to the work provide cloth
ing. house; and, on complaint by the governor or other guardians of his neglect to do so, he shall be summoned by the justice, and directed to provide such clothing; and, if he make default for ten days, the governor or other guardian shall be directed to provide the necessary clothing, and demand the expences thereof from the guardian ; and, in default of payment, the sums shall be Penalty. levied by distress and sale of the goods and chattels of such guardian.
(1) See 50 Geo. III. c.50. and 55 Geo. III. c.137., ante, p. 384. VOL. II.
Rules; &c. to Sect. 34. The rules, orders, &c. specified in the schebe observed.
dule of this act shall be observed at every poor-house, with any additions made by the justices at special sessions, provided they be not contradictory to such rules,
&c.; and the same shall not be repealed at the quarter sesTo be printed. sions; and the governors shall cause the same to be
printed, and fixed up in some conspicuous part of the poorhouse.
Sect. 35. On complaint upon oath, on behalf of any poor person, that the guardian, upon application, hath refused proper relief, a justice, by writing under his hand, may order some weekly or other relief, or direct such guardian to send such person to the poor. house, which order shall be complied with within two days; or if it shall appear that such person is able and willing to work, but wants employment, the justice may order the guardian to procure him maintenance and employment in the manner hereinbefore mentioned, on pain of 51.; but if such person shall appear to be an idle or disorderly person, and has not used proper means to get employment, such justice may commit him to the house of correction for a time not exceeding three calendar months, nor less than one; or if it shall appear that the husband or father of such person making such complaint, is an idle or disorderly person, able to work, but by his neglect of work, or for want of seeking employment, or by spending the money he earns in alehouses or places of bad repute, doth not maintain his wife and children, the justice may commit the husband of such poor woman, or the father of such poor child, to the house of correction for any time not exceeding three calendar months, nor less than one. So much of this section as relates to badging the poor, is repealed by statute 50 Geo. III. c. 52. (1)
Application, ist, To the guardian.
Sect. 36. Application for relief shall be first made to the guardian, and on his refusal, if there be a visitor appointed,
(1) See ante, p. 362.
then to the visitor, who shall order relief in or out of the 2d, To visitor. poor-house at his discretion; and if such visitor refuses 3d, To justices. proper relief, then application shall be made to a justice.
And by 59 Geo. III. c. 12. s. 27., in many cases, by reason Application to of the absence of the visitor or the distance of his resi- visitor before
recourse is had dence, it may not be in the power of the complainant to to a justice make such application, it is enacted, that any justice to dispensed with
in certain whom any such complaint shall be made, (if the visitor of the parish or united parishes is absent from home, or is resident more than six miles from the place of abode of the complainant, and application hath been made to the guardian, and hath been refused,) may summon the guardian to appear before him to answer such complaint, and proceed thereon in like manner as where application hath been made to the visitor.
Sect. 37. enables the justice to order any part of the pe- Justice may nalty to be forfeited by the guardians for disobeying his order penalty
to be paid to order, to be paid to the poor person, in whose behalf the the poor. order was made, and the remainder to be disposed of as hereinafter mentioned. (1)
Sect. 38. If any poor person shall be retarded on his Guardian shall passage through any parish or place in which he has no maintain ealegal settlement, by any accident, sickness, or bodily infirmity, the guardian shall provide for him lodging, nourishment, and clothing, until he can be removed with safety; and when he shall be fit to be removed, shall carry him to some justice, who shall examine him on oath touching the place of his settlement, and make an order for his removal thither; and the parish officer shall make a charge Recover the of the expences, which, on being allowed and certified by expences from
the parish such justice, shall be paid by the guardian of the parish where such where such poor person shall be settled, if it be within the person is
settled. county, on production of the allowance by the justice; and, in default of payment, the same shall be levied upon the
(1) Sect. 45. post. 405.
goods and chattels of such guardian by warrant of a justice; or if such person shall die before he shall be so examined, or shall be found dead in any parish or place to which he did not belong, the guardian there shall cause him to be buried, and make a charge of the expences thereof, which shall be allowed and certified by a justice after examining into his settlement, and shall be paid by the guardian of the place where such person shall have been settled, if it be within that county; but if the settlement cannot be discovered, or shall not be within that county, the same shall be paid by the treasurer out of the county rate, on the production of such allowance and certificate.
By 33 Geo. III. c. 35. s.3. the casual poor within any how maintain- parishes united for the purposes of the 22 Geo. III. c.83. ed by united parishes. shall be relieved by such parishes conjointly, and in the
same proportions as they contribute for the other purposes of the said act.
Residence in Sect. 39. Nothing herein shall alter the settlement of poor-house
any person, or give to any illegitimate child born in a not to alter settlement. poor-house established under this act a settlement in
the parish or place where such house shall be, (but such Settlement of child shall be considered as settled in the parish where the bastards born mother belongs) or alter the regulations established by any in workhouse.
act for any particular house of industry or workhouse in any part of this kingdom.
ing to work
Punishment Sect. 40. If any poor person sent to such house shall for embezzling embezzle, or wilfully waste any of the goods or materials, goods belong
or shall take away without permission any goods or matehouse. rials provided for the use of the house, or belonging to any
person residing there, he shall, on conviction thereof, be committed to the house of correction, there to be kept to hard labour not exceeding six calendar months, nor less than two.
Penalty for enticing poor
Sect.41. Whereas poor children, pregnant women, or persons afflicted with sickness, are frequently enticed and