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conveyed by parish officers or others from one parish to persons to an.
other parish. another, without any legal order of removal; if any guardian or other
shall so entice or remove, &c., or cause to be so enticed or removed, any such poor person from one parish to another, which shall adopt the provisions of this act, without an order of removal from two justices, he shall forfeit not exceeding 201., nor less than 5l.
Sect. 42. If any visitor, guardian, or governor shall sell Penalty on vior furnish any materials, goods, clothes, victuals, or provi- &c. who fur
sitor,guardian, sions, or do any work in his trade for the use of any work- nishprovisions, house, poor-house, or poor persons within any place for &c. for poorwhich he shall be appointed to act, or be concerned in trade or interest with any person who shall sell or furnish the same, he shall forfeit for every offence not exceeding 201., nor less than 5l., on due conviction by a justice of. peace.
A guardian of the poor appointed under this act is within the 55 Geo.III. c. 137. s. 6. (1), and liable to the penalties imposed by that act for supplying goods to the poor, notwithstanding this section. (2)
Sect. 44. This act shall not affect any parish, &c. which Act not to ex-does not agree to adopt the provisions herein contained tend unless
adopted as in the manner prescribed.
Sect. 45. All penalties inflicted by this act shall be réco- Penalties how vered before one or more justices where the offender dwells, recovered, in default of payment after summons and demand, by disu tress and sale of goods; and for want of sufficient distress the offender shall be committed to the house of correction for not exceeding six calendar months, nor less than one, which said penalties not herein otherwise disposed of, shall and applied. be paid to the treasurer of the workhouse towards paying the monthly expences of the poor within such house.
(1) Ante, p.384.
(2) Rex v. West Andrew, 1 B. & C. 77.
Sect. 46. Persons aggrieved may appeal to the next general quarter sessions, giving eight days' notice to the party against whom complaint is made, and entering into a recognizance, with a sufficient surety to pay the costs of the appeal, if determined against him, which appeal the justices at quarter sessions are authorized to hear and determine, and award costs; and their determination shall be final, and not removed by certiorari.
Sect. 47. This shall be a public act.
Justice cannot A justice of the peace has no power under the statute order pecuni- 22 Geo.III. c. 83. to make order for pecuniary relief out ary relief out of a poor house of the poor-house, where a guardian has directed the established under 22G.3. paupers to be received into it. On application by one M. L.
for relief for herself and two children, the guardian and visitor of the parish of West Walton, incorporated under 22 Geo. III. c. 83. directed them to be received into the poor-house, whereupon the justices made an order directing pecuniary relief out of the poor. house. The question stated for the opinion of the court was, whether the magistrate had power under the stat. 22 Geo. III. c. 83. to make the order for pecuniary relief out of the poor-house.
Lord Ellenborough C. J. The justice does not affect to determine upon the ground of there being a qualified refusal of relief. If proper relief has not been refused, the justice has not any jurisdiction; the visitor to whom it is referred by law to say, whether the relief shall be given in or out of the poor-house, has determined the proper relief: the visitor having adjusted it, the matter was at an end, and not within the cognizance of the magistrate.
Le Blanc J. The 7th section of the statute, which has been relied on in argument as putting the guardian on the footing of an overseer, must be taken with reference to the general policy of the act; and when the 36th section directs that application shall be made both to the guardian and visitor before it is made to a justice, and that it is the duty of the visitor to adjust matters of that sort; that is, whether it is most proper to relieve in or out of the poor-house, the liability of the guardian as overseer, imposed by the 7th section, must be controuled by the subsequent clause; the visitor must always determine whether the party is to be relieved in or out of the poor-house.
Bayley and Dampier Js. The 36th section puts an end to the question ; the justices had no jurisdiction. (1)
By 36 Geo.III. c.10., reciting that the money to be raised Assessments for poor's rate in particular districts, incorporated by several may be increas
ed in amount. acts of parliament respectively, is limited not to exceed a certain sum in one year, and that by the late increase of the price of corn and other necessary articles of life, the amount of the assessments is insufficient for the maintenance of the poor ; it is enacted, that the directors and acting guardians within any such district, or any other person to whom power is given, of appointing the sums to be assessed, at any annual or other general meeting, (whenever the average price of wheat in Mark-lane, for the quarter immediately preceding such meeting, shall have exceeded the average price of wheat during those years from which the average amount of the poor rates was taken upon the passing of the several incorporating acts respectively,) may assess the several parishes, &c. in such respective sums of money as the said directors or other persons think necessary for the support of the poor for the current quarter, and for paying the interest of money borrowed, and of any debts incurred since 1st January, 1795, in the maintenance of the poor and other purposes of the respective acts, notwithstanding such sums shall exceed the amount of the assessments limited by such respective acts in any one year.
Provided that the assessments to be made by virtue of this Payment to be act shall be subject to the same regulations and powers of
(1) Rex v. Laughton, 2 M. & S. 324.
Same appeal. appeal, and remedies for compelling payment thereof, as
the assessment made by virtue of the several incorporating Same propor- acts, and shall be in the same proportions, but shall never tions.
exceed in any one year the amount of double the sum at Not to exceed double the pre- present raised by virtue of any incorporating act now
The last pro
The 52 Geo.III. c. 73., reciting the great increase of vision repeal- the price of corn and other articles, repeals so much of
the 36 Geo. III. c. 10. as enacts that after January 1. 1798, the sums to be assessed by virtue thereof shall never exceed in any one year double the sum then raised by virtue of any incorporating act then existing.
of a poor
The 54 Geo. III. c. 170. s. 7.(1), regulating the punishment of poor persons by the master or governor house; and 56 Geo.III. c. 129. s. 2. (2), forbidding the confining the poor by chains ; seem to extend to governors appointed under this act.
Of relieving and ordering Lunatic Poor.
The acts regulating the relief to be given to lunatie poor, and the management of them are, 48 Geo. III. c.96., 51 Geo. III. c. 79., 55 Geo. III. c.46., 56 Geo. III. e. 117., 59 Geo. III. c.127. 5 Geo. IV. c. 71.
By 48 Geo. III. c. 96. s. 1., for the better care and maintenance of lunatics, being paupers or criminals in England, reciting that the practice of confming such lunatics as are chargeable to their respective parishes, in gaols, houses of correction, poor-houses, and houses of industry, is highly dangerous and inconvenient, it is enacted that a majority of justices of the peace, in and for every county within
Lunatic asylum for counties.
(1) Ante, p.389.
England and Wales, assembled at general quarter sessions, or any adjournment of the same, may direct notice to be Notice necesgiven in some public newspaper, circulated in or near such sary in order
to provide one. county, of their intention to take into consideration, at their next general quarter or general annual sessions, the expediency of providing a lunatic asylum within the said county, or of appointing a committee of magistrates to Counties may treat with any one or more of the adjacent counties to unite unite.
for that purpose.
Sect. 2. And, at such next sessions as aforesaid, a ma- Justices may
determine to jority of such justices, but not less than seven, may deter- build a lunatic mine that a lunatic asylum for the county shall be erected, asylum for the and may nominate any number of visiting justices to super-county. intend the building and management thereof, who shall Visiting jusreport, from time to time, their proceedings to the quarter sessions. (1)
Sect. 3. Where the justices of any two or more adjacent Committee apcounties determine to unite in erecting such asylum, they counties unite. shalł respectively appoint a committee, not exceeding five, to treat for that
Sect. 4. It having been determined that two or more Counties unitcounties shall unite, the respective committees shall sign ing how to an agreement, in the form given by the act, which shall proceed. specify the place for the building, and the proportion of Proportion of expences to be borne by each county, to be calculated expence. according to the population, as stated in the returns to the 41 Geo. III. c.15.; the agreement shall also specify the num- Visiting jusber of visiting justices to be appointed by each county, to tices. superintend the building, &c., which number shall be in proportion to the expences borne by sueh county, but shall not be less than three for each.
[And by 55 Geo. III. c.46. s.10., the population is to be taken according to the last returns made before the union
(1) See 55 Geo. III. c. 46. s. 1, 2. post, 418.