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Fares for hackney carriages may be recovered before one justice 10 & 11 Vict. as a penalty (s. 66); see Norton v. Jones, 8 Law T., N. S. 841, as to c. 89.
the fare for children. [Forms, Nos. 9-11, Oke's "Formulist," 6th ed. p. 881.]
The provisions of the 10 & 11 Vict. c. 34 (tit. "Towns Improvement," post), as to recovery of and appeal against rates, are incorporated with this act (s. 70).
Damages.] Damages, not specially provided for, and penalties and the determination of other matters referred to justices, are to be as under the 8 & 9 Vict. c. 20. (s. 73.) See tit. "Railways," post.
I. Appointment of Assistant Overseer.
II. Removal of the Poor, &c.
III. Relief and its Recovery, and Poor Houses.
IV. Maintenance of Relations.
V. Overseers not accounting or paying Balances.
VI. Making of the Poor Rate.
VII. Allowance and Excusal of Rates.
VIII. The Divided Parishes and Poor Laws Amendment Act, 1876.
I. Appointment of Assistant Overseer.
An assistant overseer is appointed by two justices in petty sessions, 59 Geo. 3, on nomination of the inhabitants of the parish in vestry (s. 7; and c. 12. Bee Reg. v. Justices of Salop, 11 Law T., N. S. 416); but it would appear from 7 & 8 Vict. c. 101, ss. 61, 62, infra, that justices cannot appoint a person to the office who has been previously appointed a collector of rates, nor, by 29 & 30 Vict. c. 113, s. 10, an overseer of the poor. The appointment is exempt from stamp duty by 4 & 5 Will. 4, c. 76, s. 86, and so is the bond which an assistant overseer is to give for the due execution of his office (7 & 8 Vict. c. 101, s. 61). [Form of Appointment, No. 39, p. 906, Oke's "Formulist," 6th ed.] See 7 & 8 Vict. c. 101, s. 61, as to collectors of rates who are not appointed by justices, but by the poor law board on a resolution of guardians; and s. 62, as to the vestry giving power to assistant appointed before 9th August, 1844, to do all the duties of [Forms of Bonds, Nos. 82, 83, Oke's "Formulist," 6th ed. pp. 919, 920.]
c. 106, s. 27.
130 By 30 & 31 Vict. c. 106, s. 27, "where a union extends into several 30 & 31 Vict. distinct jurisdictions, every matter, act, charge, or complaint by which the for the purpose of jurisdiction be deemed to arise or exist equally guardians thereof are affected, or in which they have any interest, shall throughout the union"--i. e., if it has arisen or exists in any one parish
may be treated as
having arisen or existed in any other parish in the that part which is most convenient to themselves (Reg. v. Justices of Staftime union, so as to give to the guardians the right to have recourse to fordshire, 41 L. J. (N. S.) M. C. 78)].
II. Removal of the Poor, &c.
Removal of the Poor generally.] The different kinds of settlement are, 131-birth;-derivative (by marriage or parentage);hiring and service (abolished by 4 & 5 Will. 4, c. 76, s. 64);-apprenticeship in the sea service (abolished by 4 & 5 Will. 4, 76, s. 67); -renting a tenement up to 2nd July, 1819, of annual value of 101. for a year, and occupying and sleeping in same for that period or forty days and on the last day of occupancy;-renting a separate and distinct tenement, bona fide hired for a year, at 107. a year at the least, and paid rent from 2nd July, 1819, to 22nd June, 1825, and occupancy and sleeping as in the last case;-renting a tenement as in the last case, with certain restrictions, from 22nd June, 1825, to 30th March, 1831:-and also from 30th March, 1831, to 14th August, 1834;-renting a tenement and paying rates on it since 14th August, 1834;-estate, by seisin, by descent, &c., by devise, by purchase, as trustee, as cestui que trust, as mortgagee, as mortgagor, as executor, as administrator, as next of kin, by marriage, payment of parochial rates and taxes, from 1690 to 22nd June, 1795;-payment of parochial rates and taxes, from 22nd June, 1795, to 22nd June, 1825;-payment of parochial rates and taxes, from 22nd June, 1825;-by serving a public office (abolished after 14th August, 1834, by 4 & 5 Will. 4, c. 76, s. 64);—by certificatemen or their servants, &c.
The act preventing the removal of persons resident in a parish for five years, without receiving relief, is the 9 & 10 Vict. c. 66; but that has been amended by 24 & 25 Vict. c. 55, 27 & 28 Vict. c. 105, 28 & 29 Viet. c. 79, s. 8, and 31 & 32 Vict. c. 122, s. 34, and reduced to one year after 25th March, 1866. By the 28 & 29 Vict. c. 79, guardians in unions may obtain orders of removal in respect of paupers settled elsewhere (s. 2), and defend and appeal against orders of removal (s. 3), and may remove without orders where there is consent (s. 6). Sect. 4 relates to the signature and service of notices, &c.; and sect. 5 empowers guardians to call for books and papers from overseers. Two justices, 132 where the pauper is chargeable, are necessary to take the evidence as to the settlement, and make an order of removal; but where the pauper is ill, his examination may be taken by one justice and by him reported to another (49 Geo. 3, c. 124, s. 4); and where the pauper is a prisoner the examination may be taken at the gaol by two other justices (59 Geo. 3, c. 12, s. 28). Justices receiving the
131 Vide Oke's "Formulist," 6th ed. pp. 890-897, for the modes of describing technically these several settlements in the grounds of removal of paupers, and which may be also used as grounds of appeal setting up subsequent settlements.
132 Who need not be of the quorum (Reg. v. Overseers of Llangian, 32 L. J. (N. S.) M. C. 225; 8 Law T., N. S. 422).
complaint of chargeability may summon witnesses wherever they reside to give evidence in settlement cases by virtue of 7 & 8 Vict. c. 101, s. 70 (see Note 371, ante, pp. 681, 682.) Joint or separate orders of removal of children may be made when parents not removed with them (Overseers of Toxteth Park v. Churchwardens of Woolwich, 30 L. J. (N. S.) M. C. 154). If children are within the age of nurture (seven years) they cannot be separated from the mother and removed apart from her (Reg. v. Inhabitants of Aughton, 4 Law T., N. S. 244, Q. B.). By 30 & 31 Vict. c. 106, s. 24, "when an order of removal is obtained by the guardians of any union not formed under The Poor Law Amendment Act, 1834,' or by the guardians or overseers of any parish not included in any union so formed, in respect of a pauper alleged to be settled in some parish included in a union so formed, such order shall be addressed to the guardians of such union, and shall be dealt with in all respects as provided by The Union Chargeability Act, 1865.'" By sect. 25, when any order of removal made before the passing of the said last-mentioned statute shall have been suspended, and such suspension shall hereafter be taken off, the order of expenses to be made thereon shall, in the case of a parish comprised in a union, be made in favour of the guardians of the union comprising the parish entitled to be reimbursed, and against the guardians of the union containing the parish to which the order of removal was addressed;-and the several boards of guardians shall apply so much of the expenses as were incurred before the twenty-fifth day of March, one thousand eight hundred and sixty-six, to the account of the respective parishes, and the residue to the account of the common funds of the unions." If the order is suspended under 35 Geo. 3, c. 101, s. 2, the suspension must be made at the same time as the original order (Reg. v. Inhabitants of Llanellchid, 29 L. J. (N. S.) M. C. 102; 1 Law T., N. S. 326); and the justices may make an order for payment of the charges incurred by the suspension, which if above 201. may be appealed against. By 30 & 31 Vict. c. 106, s. 26, "when an order of removal is made upon the guardians of any union, its execution may be suspended in like manner as in the case of orders of removal heretofore made in parishes, and with the like requirements, liabilities, and consequences; provided that the guardians of the union in whose favour such order is made may send an account to the guardians of the union upon whom it is made, at the end of every quarter, of the cost incurred in the maintenance of the pauper and of his family, as the case may require ;-and the said last-mentioned guardians may pay the same, and if they neglect to do so the said first-mentioned guardians may recover the amount of the sum reasonably expended by them in any county court within whose jurisdiction their union or the greater
part thereof shall be situated." The several forms of complaint, order, examination, &c., necessary in removal of paupers, are given in Oke's "Formulist," 6th ed. pp. 881-888. The paupers cannot be removed until twenty-one days after the notice of chargeability, with a copy or counterpart of the order, is sent to the opposite parish (4 & 5 Will. 4, c. 76, s. 79; and see s. 81, as to the notice before the sessions, and Reg. v. Justices of Sussex, 34 L. J. (N. S.) M. C. 69, in error, overruling S. C., reported 31 L. J. (N. S.) M. C. 193; 6 Law T., N. S. 422), and also with the grounds of removal, see 11 & 12 Vict. c. 31, infra. The mode of effecting the removal is regulated by 54 Geo. 3, c. 170, s. 10; 3 W. & M. c. 11, s. 10, and 9 & 10 Vict. c. 66, s. 7.
Appeals against Orders of Removal.] The provisions of the 11 & 12 Vict. c. 31, as to procedure on appeals to the quarter sessions against orders of removal [as to what sessions in boroughs composed of several parishes of union the appeal must be made, since 30 & 31 Vict. c. 106, s. 27, cited in Note 130, ante, p. 1539, Reg. v. Justices of Staffordshire, 41 L. J. (N. S.) M. C. 78, decided that the appeal must be made to the same jurisdiction as made the order under that enactment], may be shortly stated:-Notice of chargeability to be accompanied by a statement of the grounds of removal on which the justices' order is made (s. 2) [Form, No. 15, Oke's "Formulist," 6th ed. p. 886];-clerk to the justices making the order of removal is to keep the depositions on which the order is made, and, within seven days after application, furnish the guardians or overseers with a copy on payment of 2d. per folio of seventy-two words (s. 3; see Reg. v. Inhabitants of St. Alkmunds, 32 L. J. (N. S.) M. C. 99);-as to the sufficiency of statement of grounds of removal or appeal;-power to amend such statement (s. 4);party making frivolous or vexatious statement of grounds of removal or appeal liable to pay costs (s. 5);-power for court to amend order of removal on account of omission or mistake (s. 6);decisions of courts upon hearing of appeals final (s. 7);-abandonment of orders of removal before or after notice of appeal and taxation of costs (s. 8);-no appeal if notice be not given within twentyone days after sending of notice of chargeability and grounds of removal, or, if depositions applied for under sect. 3, a further period of fourteen days (s. 9), which notice of appeal may be sent by post (14 & 15 Vict. c. 105, s. 10) [see Reg. v. Recorder of Richmond, 27 L. J. (N. S.) M. C. 197];-service of suspended order of removal (s. 10). [Forms of Notice of Appeal, Abandonment, &c., Nos. 1922, Oke's "Formulist," 6th edit. pp. 898, 899.] By 14 & 15 Vict. c. 105, s. 12, parishes may agree to submit to the Poor Law Board questions affecting the settlement, removal and chargeability of paupers; and see 28 & 29 Vict. c. 79, s. 3 [Form, Oke's "Formulist," 6th edit., No. 23, p. 900.]
Recovery of Costs on Appeals heard.] These are recovered as penalties (4 & 5 Will. 4, c. 76, s. 82; 11 & 12 Vict. c. 31, s. 5; 12 & 13 Vict. c. 45, ss. 5, 18); and succeeding overseers are liable (Ex parte Overseers of Fletton, 29 L. J. (N. S.) M. C. 205), the justices having no option as to granting the warrant if an order of sessions has been made (Reg. v. Higginson and others Justices of North Riding of Yorkshire, 31 L. J. (N. S.) M. C, 189; 6 Law T., N. S. 351).
Recovery of Costs on abandoned Orders.] By 11 & 12 Vict. c. 31, s. 8, the costs on abandonment of an order of removal, when taxed by the clerk of the peace, if not paid within ten days after being demanded, are to “ be recovered from the overseers or guardians [abandoning such order, or the succeeding overseers, Ex parte Core, 24 J. P. 709], in the same manner as any penalties or forfeitures are recoverable under the said act of the 4 & 5 Will. 4, c. 76," i.e. under s. 99, Offence 3, Vol. I. p. 680, tit. “Poor.” Recovery of Maintenance on an Order.] On complaint within 6 cal. m. as provided by 11 & 12 Vict. c. 43, s. 11, Vol. I., p. 135, which applies although sect. 35 excepts the order of removal itself (Hill v. Thorncroft, 30 L. J. (N. S.) M. C. 52; S. C., Cullompton v. Brighthelmstone, 3 Law T., N. S. 318), as penalties, &c. under 4 & 5 Will. 4, c. 76 (s. 14). See supra, and 14 & 15 Vict. c. 105, s. 13. [Forms, Oke's " Formulist," 6th ed. Nos. 24, 24a, 26-28, p. 901.]
Funeral Expenses.] See 12 & 13 Vict. c. 103, s. 17.
Recovery of Maintenance under a suspended Order.] On complaint within 6 cal. m. (11 & 12 Vict. c. 43, s. 11, Vol. I. p. 135; see Reg. v. Overseers of Sculcoates, 38 L. J. (N. S.) M. C. 33), by distress warrant of one justice, 35 Geo. 3, c. 101, s. 2 (Ex parte Williams, 22 L. J. (N. S.) M. C. 125). [Forms, Oke's "Formulist," 6th edit. Nos. 25-28, pp. 901, 902.]
Removal of Natives, who are Paupers, to Scotland.] There are three acts regulating the manner of the removal from England of Scotch poor persons chargeable in England, viz. 8 & 9 Vict. c. 117; 10 & 11 Vict. c. 33, and 25 & 26 Vict. c. 113, the enactments in which may be thus shortly arranged:-If any person born in Scotland, not settled in England, become chargeable to any parish in England by reason of relief given to himself or herself, or to his wife, or to any legitimate or bastard child, such person, his wife, and any child so chargeable are liable to be removed to Scotland (8 & 9 Vict. c. 117, 8. 2). The relieving officer or other officer of the guardians of the union or parish where the poor person is chargeable may apply (25 & 26 Vict. c. 113, s. 2) and complain to a justice, who (if he do not attend voluntarily) summons such person to come before other justices (8 & 9 Vict. c. 117, s. 2), [or any guardian, relieving officer or overseer may take and convey him before the justices without