Sivut kuvina
[ocr errors]

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. 19% 22, 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 “ Formalist," 6th edit., No. 23,

p. 900.]

[ocr errors]

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. 47, 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, 6. 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 Cabandoning 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 y. 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. 133; 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, B. 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


summons or warrant, 10 & 11 Vict. c. 33], when two (or more justices, in petty sessions assembled, or a stipendiary magistrate or metropolitan police magistrate sitting in his court, 25 & 26 Vict. c. 113, s. 1], may hear and determine the application, and issue a warrant to remove such person at the expense of the union or parish (8 & 9 Vict. c. 117, s. 2). [Form of warrant is given in the 26 & 27 Vict. c. 89, Oke's “Formulist,” 6th edit. No. 17a, p. 889.] 25 & 26 Vict. c. 113, requires the justices to see the poor person, or the person who is the head of the family, and to be satisfied that every person who is proposed to be removed by the warrant is in such a state of health as not to be liable to suffer bodily or mental injury by the removal (Id. s. 1); 133 and the warrant is to contain the name and age of every person to be removed, where born or resided in Scotland, and of the state of his health; the warrant is to be specially addressed; and when the place of birth cannot be ascertained, the justices may order the pauper to be removed to the port or parish most expedient; and a copy of the warrant is to be given to the pauper (see s. 2). The party obtaining the warrant is, twelve hours at least before the removal, to send a copy of it by post to the inspector of the poor in Scotland, and a copy of the depositions, if required, within three months (Id. s. 3). The warrant is to order the poor persons to be conveyed to the place mentioned in it (Id. s. 6). The justices of the peace in quarter sessions for counties, and the justices in petty sessions for boroughs, are, with the approval of the home secretary, to make regulations as to the removal of the poor persons by land or sea to the ports named in the schedule to the act nearest where they were born (8 & 9 Vict. c. 117, s. 4); but notwithstanding such regulations it is unlawful to remove any woman or any child under fourteen, as a deck passenger in any vessel during the period from 1st October to 31st March following (25 & 26 Vict. c. 113, s. 7). Persons executing warrants of removal are to have the authority of constables to detain and hold the paupers until arrival at their destination (8 & 9 Vict. c. 117, s. 3). If the parish from which the pauper is sent is not in an union, and does not contain a population of 30,000, the party obtaining the warrant is to be repaid out of the county rates or borough fund, by the order of the quarter sessions, or council, on an affidavit, made before a justice, with a statement of the items (Id. s. 5); in other cases, at the expense of the union or parish complaining (Id. s. 2); and if, through the default of the person having charge of the warrant, the poor person is not removed

133 In the case of The Poor Law Commissioners for Ireland v. Vestry of Liverpool (39 L. J. (N. S.) M. C. 25; 21 Law T., N. S. 636), it was held, that the wife and unemancipated children cannot, in the absence of the husband, be removed. This decision was under the Irish Act, which is identical in terms with this.

to his ultimate destination, the parochial board may remove him, and recover the expenses in the county court (Id. s. 6).

Removal of Natives, who are Paupers, to Ireland.] The enactments, supra, in the 8 & 9 Vict. c. 117, and 10 & 11 Vict. c. 33, apply also to Irish paupers, chargeable to England, as does the 24 & 25 Vict. c. 76, which contains provisions similar to those above abstracted in the 25 & 26 Vict. c. 113, as to Scotch paupers. 133 It is further amended by 26 & 27 Vict. c. 89, s. 4, which gives the form of the order for it and Scotch paupers. (Form, No. 17a, Oke's" Formulist,” 6th ed. p. 889.) [See Poor Law Board's Circular hereon, 27 J. P. 731, which contains a useful summary of the law.]

Isles of Man, Scilly, Jersey and Guernsey Paupers.] The provisions of the 8 & 9 Vict. c. 117 and 10 & 11 Vict. c. 33 only apply to these paupers. [Forms, Nos. 16, 17, p. 888, Oke's Formulist,

6th ed.]

Vagrants.] By 5 Geo. 4, c. 83, s. 20, every person convicted as an idle and disorderly person, or as a rogue and vagabond (see Vol. I. p. 816, tit. “Vagrants”), is to be deemed actually chargeable to the parish, township or place in which such person shall reside ;--and such person is liable to be removed to the parish of his or her last legal settlement, by the order of two justices of the peace of the division or place in which such person shall reside.

III. Relief and its Recovery, and Poor Houses. Relief in urgent Cases, or Medical Relief.] By 4 & 5 Will. 4, c. 76, 4 & 5 Will. 4, s. 54, one justice may order overseers in cases of sudden and urgent

c. 76. necessity to give temporary relief to poor persons in articles, and not in money, or to give medical relief in cases of sudden and dangerous illness [Forms, Nos. 40, 41, pp. 906, 907, Oke's Formulist,” 6th ed.];-also in parishes not in unions by one justice, subject to the rules of the poor law commissioners (s. 52). 134 [Forms, Nos. 42–44, pp. 907, 908, Oke's Formulist,” 6th ed.] For disobeying the justices' order, see Offence 14, Vol. I. p. 682, tit. “ Poor.

Relief out of the Workhouse to Old Persons.] By 4 & 5 Will. 4, c. 76, s. 27, in unions, two justices of the district of the union, at their just and proper discretion, may direct by order that relief shall be given to any adult person (entitled to relief in the union), who from old age or infirmity of body is wholly unable to work, without requiring that such person shall reside in the workhouse ; provided one of the justices certifies in the order, of his own know

134 Relief to a child above sixteen, although unemancipated and residing with the parent, is not relief to the parent (Reg. v. Overseers of St. Mary, Islington, 31 L. J. (N. S.) M. C. 233; Reg. v. St. George, Bloomsbury, 32 L. J. (N. S.) M. C. 217). The same principle is admitted by the legislature in the 29 & 30 Vict. 6. 113, s. 15.



5 G

« EdellinenJatka »