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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. 4). 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 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. c. 113, s. 15.
59 Geo. 3, c. 12.
43 Eliz. c. 2.
ledge, that such person is wholly unable to work. [Form, No. 45, p. 908, Oke's "Formulist," 6th edit.]
Attaching Wages.] To repay relief granted by way of loan by summoning the master and the man, or man only (see 4 & 5 Will. 4, c. 76, s. 58, 59), within six calendar months (11 & 12 Vict. c. 43, s. 11, Vol. I. p. 135);-recovered by distress as penalties, see Offence 3, Vol. I. p. 680, in tit. "Poor"; or against the man, under 59 Geo. 3, c. 12, s. 29 (not in unions), upon application within a year after the loan, and in default of payment imprisonment for not exceeding three calendar months, unless sooner paid. [Forms, Nos. 46-54, pp. 909-911, Oke's "Formulist," 6th edit.] By 11 & 12 Vict. c. 110, s. 8, such relief may be recovered in the county court. Relief to Out-Pensioners.] See 19 & 20 Vict. c. 15.
Recovery of Poor-Houses.]-One month's notice in writing to be given by the major part of the churchwardens and overseers to poor persons neglecting to quit, and served either personally or in his absence affixed on some notorious part of the premises [or on some one on the premises, see Appleton v. Morray, 2 Law T., N. S. 516]. Overseer to lay complaint and justice to issue summons (seven days' service as notice). Two justices may grant a warrant of possession (59 Geo. 3, c. 12, ss. 24, 25), and notwithstanding the party in possession disputes the title of the parish officers; Reg. v. Justices of Llanfillo, Brecknock, 15 Law T., N. S. 277; S. C., Ex parte Vaughan, 36 L. J, (N. S.) M. C. 17. [Forms, Nos. 66-69, pp. 913, 914, Oke's "Formulist," 6th ed.] As to recovery of parish school-houses, see 4 & 5 Vict. c. 38, s. 18.
IV. Maintenance of Relations.
Under Act of Elizabeth-Alteration of Law after 31st July, 1868.] By 43 Eliz. c. 2, s. 7, the father and grandfather, and the mother and grandmother, and the children, of every poor, old, blind, lame and impotent person, or other poor person not able to work [and chargeable to the parish, &c.], being of sufficient ability, shall relieve and maintain every such poor person [as any two or more justices where any such sufficient person shall dwell shall assess and order, 135 59 Geo, 3, c. 12, s. 26, this jurisdiction being repealed from 31st July, 1868, by 31 & 32 Vict. c. 122, s. 36, given at p. 1547], [on a complaint made by the churchwardens and overseers within six calendar months, 11 & 12 Vic. c. 43, s. 11, Vol. I. p. 185],
135 This is in the nature of a conviction and is a criminal matter, as was decided in Bancroft v. Mitchell (36 L. J. (N. S.) Q. B. 257; 16 Law T., N. S. 558), and therefore is within the 11 & 12 Vict. c. 43 (see Vol. I. pp. 113, 114), and the costs of the proceedings can be ordered under 11 & 12 Vict. c. 43, s. 18, ante, p. 194. A wife is not included in this enactment, but if she be a lunatic, the 13 & 14 Vict. c. 101, s. 5, p. 1547, applies, and the 31 & 32 Vict. c. 122, s. 33, p. 1548, when a married woman is relieved without her husband.
31 & 32 Vict.
upon pain of forfeiting the penalty of 20%. for every [calendar, 13 & 43 Eliz. c. 2.
Of Lunatic Married Women.] By 13 & 14 Vict. c. 101, s. 5, where 13 & 14 Vict.
136 See ante, tit. "Lunatics."
137 Vide Note 368, ante, pp. 679, 680, as to the manner in which the guardians may depute one of their officers to prefer complaints before justices.
13 & 14 Vict. parish respectively such lunatic shall be or become chargeable, may summon such husband to appear before them to show cause why an order should not be made upon him to maintain or contribute towards the maintenance of his wife in such asylum, licensed house or registered hospital;-and upon his appearance, or in the event of his not appearing, upon proof of the service of such summons upon him, such justices [i. e. the same who issued the summons] may (if they think fit) make an order upon him to pay such sum, weekly or otherwise, for or towards the cost of the maintenance of such lunatic, as after consideration of all the circumstances of the case shall appear to them to be proper, and determine in such order how and to whom the payments shall from time to time be made, which order shall, if the payments required by it to be made be in arrear, be enforced in the manner prescribed by the 11 & 12 Viet. c. 43, for the enforcing of orders of justices requiring the payment of a sum of money,-i. e. by distress, after a complaint of disobedience, summons and hearing, and in default of distress, imprisonment for not exceeding three calendar months, without hard labour, unless the amount, costs of order, of distress and conveyance to gaol, be sooner paid (ss. 19, 22, Vol. I. pp. 195, 199). [Forms, Nos. 63-65, pp. 912, 913, Oke's "Formulist," 6th ed.]
31 & 32 Vict. c. 122, s. 33.
Of Married Women relieved without Husband.] By 31 & 32 Vict.
138 The cases of Reg. v. Flintan, and Flannagan v. Overseers of Bishop-