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, ss. 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any such sufficient person shall dwell shall assess and order, 135 59 Geo, 3, c. 12, s. 26, this jurisdiction being repealed from 31st July, 1868, by 31 & 32 Vict.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. 135},

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 enact ment, 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. c. 122, s. 36.

upon pain of forfeiting the penalty of 203. for every [calendar, 13 & 43 Eliz. c. 2. 14 Vict. c. 21, s. 4] month which they shall fail therein, and costs under sect. 18, ante, p. 195. The sum assessed with the penalty is recovered by conviction (on an information made within six calendar months, 11 & 12 Vict. c. 43, s. 11, supra, by virtue of 4 & 5 Will. 4, c. 76, s. 78, as penalties and forfeitures are recovered under the latter act, i. e. by distress, and in default imprisonment for not exceeding three calendar months, unless sooner paid (s. 99, see Bancroft v. Mitchell, in Note 135, supra). [Forms of Complaint, Summons, Order and Statement of Offence for the conviction, &c., Nos. 55-59, pp. 911, 912, Oke's "Formulist," 6th ed.];-or the defendant may be indicted for disobeying the order (Rex v. Robinson, 2 Burr. 799). By 11 & 12 Vict. c. 110, s. 8, the guardians of any union may obtain orders of maintenance of poor persons chargeable on the common fund, in like manner as churchwardens and overseers may obtain same when chargeable to a parish. By 31 & 32 Vict. c. 122, s. 36, so much of the acts of the forty-third Elizabeth, chapter two, and the fifty-ninth George the Third, chapter twelve, as enables orders of maintenance to be made by the justices having jurisdiction in the place where the persons upon whom they are to be made dwell, and as prescribes the penalty for disobedience, and section seventy-eight of The Poor Law Amendment Act, 1834,' 4 & 5 Will. 4, c. 76, shall, in respect of any order to be made hereafter, be repealed;-and such orders shall be made by the justices in petty sessions assembled at their usual place of meeting having jurisdiction in the union or parish to which the poor person in whose behalf the same shall be sought to be made shall be chargeable,-and shall be enforced in the manner prescribed by the act of the eleventh and twelfth Victoria, chapter forty-three, for enforcing orders of justices" [i. e. on complaint within six calendar months (11 & 12 Vict. c. 43, s. 11), by distress (Id. s. 19, Vol. I., p. 235); and in default of distress imprisonment for not exceeding three calendar months, unless the amount and costs be sooner paid (Id. s. 22, Id. p. 228].

Of Lunatic Married Women.] By 13 & 14 Vict. c. 101, s. 5, where 13 & 14 Vict. any married woman shall be duly removed to any asylum, licensed c. 101. house or registered hospital, under any of the statutes 136 in such behalf, any two justices having jurisdiction in the place wherein the husband of such lunatic shall dwell, upon application by or on behalf of the guardians of the union 137 or of the parish having a separate board of guardians, or the overseers of the parish to which union or

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.

c. 101.

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. c. 122, s. 33, "when a married woman requires relief without her husband, the guardians of the union or parish, or the overseers of the parish, as the case may be, to which she becomes chargeable, may apply to the justices having jurisdiction in such union or parish in petty sessions assembled, and thereupon such justices may summon such husband to appear before them to show cause why an order should not be made upon him to maintain his wife;— and upon his appearance, or, in the event of his not appearing, upon proof of due service of such summons upon him, such justices may, after hearing such wife upon oath, or receiving such other evidence as they may deem sufficient, make an order upon him to pay such sum, weekly or otherwise, towards the cost of the relief of the wife, as, after consideration of all the circumstances of the case, shall appear to them to be proper, and shall determine in such order how and to whom the payments shall from time to time be made; 138-which order shall, if the payments required by it to

138 The cases of Reg. v. Flintan, and Flannagan v. Overseers of Bishoparearmouth, cited in Note 435, under tit. "Vagrants," Vol. I. p. 817, would seem to apply to this enactment, and to exonerate a husband from payment for his wife's maintenance if she has refused to live with him or has committed adultery. But in Thomas v. Alsop, 39 L. J. (N. S.) M. C. 43; 21 Law T., N. S. 715, decided under the enactment in the text, the Court of Queen's Bench said that the scope of the two acts was distinct, and held that the justices had jurisdiction to make the order under it, notwithstanding the husband's offer to receive back his wife promising not to ill-use her, it being for the justices to determine whether she is bound to return to her husband.

be made be in arrear, be enforced in the manner prescribed by the 31 & 32 Vict. act of the eleventh and twelfth Victoria, chapter forty-three, for c. 122, s. 33. the enforcing of orders of justices requiring the payment of a sum of money [i. e. by distress (11 & 12 Vict. c. 43, s. 19, Vol. I. p. 235), and in default of distress, imprisonment for not exceeding three calendar months, unless the amount and costs be sooner paid (Id. s. 22, Id. p. 228]:-provided that such order may be at any future time revoked by the justices in petty sessions assembled, if they see sufficient cause for so doing."

Married Women liable to Parish for Maintenance of her Husband 33 & 34 Vict. and Children.] By "The Married Women's Property Act, 1870," c. 93, ss. 13,14. 33 & 34 Vict. c. 93, s. 13," where in England the husband of any woman having separate property becomes chargeable to any union or parish, the justices having jurisdiction in such union or parish. may, in petty sessions assembled, upon application of the guardians of the poor, issue a summons against the wife, and make and enforce such order against her for the maintenance of her husband as by the thirty-third section of 'The Poor Law Amendment Act, 1868' (31 & 32 Vict. c. 122, supra), they may now make and enforce against a husband for the maintenance of his wife who becomes chargeable to any union or parish." By sect. 14, "a married woman having separate property shall be subject to all such liability for the maintenance of her children as a widow is now by law subject to for the maintenance of her children:-provided always, that nothing in this act shall relieve her husband from any liability at present [9th August, 1870] imposed upon him by law to maintain her children."

V. Overseers not accounting or paying Balances.

c. 49, s. 1.

Overseers not accounting.] Churchwardens and overseers of parishes, 17 Geo.2, c.38, not in unions, or any of them, refusing or neglecting to make or 8.2; 50 Geo. 3, yield up or to submit accounts, or to verify the same by oath, or to deliver over to successors, within ten days from the signing and attesting such accounts, any goods, chattels or things remaining in their hands, two or more justices may commit until he, she or they shall have made and yielded up such accounts, and verified same, or delivered over such goods, &c. ;-and for refusing or neglecting to pay to successors, within fourteen days from the signing and attesting accounts, the sums due, they may issue their warrant to levy same on the offender's goods, and in default may commit him to gaol until payment. Where district auditors are appointed, the overseers neglecting or refusing to deliver over books, &c., are liable to be committed likewise until they do so (7 & 8 Vict. c. 101, s. 32). Recovery of Balance found by Union Auditor.] By 7 & 8 Vict. 7 & 8 Vict. c. 101, s. 32, the proceedings for recovery of sums certified to be due c. 101. from overseers or surcharged by poor-law union auditors, are the

7 & 8 Vict. c. 101.

32 & 33 Vict. c. 41.

same as penalties under sect. 99 of 4 & 5 Will. 4, c. 76 (Offences 9-12, Vol. I. p. 682, tit. "Poor"), i. e. before two justices, by distress, &c. 139 11 & 12 Vict. c. 91, s. 9, provides what shall be required to be proved by auditors before justices in order to recover the sums so certified; -and by 12 & 13 Vict. c. 103, s. 9, the auditor must commence such proceeding within nine calendar months from his disallowance or surcharge; or, in the event of an application by way of appeal against the same to the Court of Queen's Bench, or to the Poor Law Board, from the determination thereupon. [Forms, Nos. 73-77, pp. 916, 917, Oke's "Formulist," 6th ed.] [These auditors are hereafter, when the office becomes vacant after 31st July, 1868, to be appointed by the Poor Law Board, 31 & 32 Vict. c. 122, s. 24.]

VI. Making of the Poor Rate.

It is perhaps unnecessary to say that a poor rate is made by the majority of the churchwardens and overseers on the net annual value of the property liable to be rated (there being certain exemptions as to scientific and literary institutions by 6 & 7 Vict. c. 36, buildings used for religious worship by 3 & 4 Will. 4, c. 30, ss. 1, 2, and Sunday and ragged schools by 32 & 33 Vict. c. 40), and in the form prescribed by the 6 & 7 Will. 4, c. 96, and 25 & 26 Vict. c. 103, with such variations as the 32 & 33 Vict. c. 41, noticed specially infra, requires.

"The Poor Rate Assessment and Collection Act, 1869," 32 & 33 Vict. c. 41 [passed 26th July, 1869], and which came into operation on 29th September, 1869 (see s. 22), contains the following provisions as to the making of the rate, and the privileges of occupiers :

Rating Owners instead of Occupiers.] Sect. 6 repeals the 13 & 14 Vict. c. 99, and local acts hereon, so far as they apply to any poor rate made after 29th September, 1869. Sect. 3 enacts, "In case the rateable value of any hereditament does not exceed £20, if the hereditament is situate in the metropolis, or £13 if situate in any parish wholly or partly within the borough of Liverpool, or £10 if situate in any parish wholly or partly within the city of Manchester, or the borough of Birmingham,-or £8 if situate elsewhere,—and the owner

139 The justices have no jurisdiction to consider whether or not the sum or expenses due or surcharged have been properly incurred, &c., nor can any irregularity in holding the audit be gone into before them; but the justices are bound to issue their warrant. Reg. v. Lingford, 7 E. & B. 950; Reg. v. Overseers of Napton, 25 L. J. (N. S.) Q. B. 296; Reg. v. Hunt, 6 E. & B. 408; Reg. v. Justices of Denbighshire, 33 Law T. 145; Reg. v. Finnis, 28 L. J. (N. S.) M. C. 201; 33 Law T. 146; Reg. v. Knott, 15 Law T., N. S. 291; and see Reg. v. Master, 38 L. J. (N. S.) M. C. 73, where the amount due was held to be a debt extinguished by the bankruptcy of the defendant.