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39 & 40 Vict. ward; and each such ward is, for the purposes of the election, to c. 61.
be deemed a separate parish, except so far as the board may order.
Change of Name of Union.] Sect. 13 empowers the local government board to change the name of any union.
Persons who have received Parish Relief within the Year not to vote at Election of Guardians.] Sect. 14 provides that persons in receipt of relief to himself, his wife or child within the year shall not vote at the election of guardians.
Guardians of Unions, &c., may pay for information required for the effectual Discharge of their Duties.] Sect. 15 enables the guardians of any union or parish, or the board of overseers incorporated under a local act, to pay the reasonable expenses incurred in the preparation and collection of information required by them respecting any matter which is submitted to their management, &c. out of the common fund.
The 7 & 8 Fict. c. 101, 8. 23, extended.] By sect. 18, the prorision of the 25th section of “The Poor Law Amendment Act, 1844," relating to relief, whereby relief to a woman whose husband appears to be beyond the seas, is to be given to her in the same manner and subject to the same conditions as if she were a widow, is to apply to a married woman living separate from her husband.
Provisions against Persons who desert their Families.] By sect. 19, proceedings may be taken against any person who runs away and leaves his wife or his or her child chargeable, or whereby she or they or any of them shall become chargeable to any union or parish at any time within two years after the commission of the offence, and a summons or warrant in respect thereof may be issued upon the information of any relieving officer of the guardians, stating that relief has been applied for on behalf of the wife or child, and that he is informed and believes that the husband or parent, as the case may be, has left the wife or child and gone away.
Jurisdiction of Justices to make Orders on Husband of a Lunatic.] By sect. 20, where an order upon the husband of a lunatic to contribute towards her maintenance is sought to be obtained under sect. 5 of “The Poor Law Amendment Act, 1850," the justices having jurisdiction in the union or parish, the guardians whereof make the application, shall be empowered to issue the summons and make the order instead of the justices having jurisdiction in the place where he
dwell. Extension of the 7 & 8 Vict. c. 101, s. 56.] The 21st section enacts, that the provision as to the registration of births and deaths in a workhouse, contained in the 56th section of “The Poor Law Amendment Act, 1844,” is to be extended to the case of a workhouse which is situated in two parishes, so that the registration shall take place in the parish to which the workhouse belongs, or, if the parishes be not both in the same union, then in the parish of
the union to which the workhouse belongs, in which any part of 39 & 40 Vict.
Extension of the 12 & 13 Vict. c. 103, s. 14.] The 22nd section enacts, that the 14th section of “The Poor Law Amendment Act, 1844,” shall be extended to the managers of a district or other asylum for the reception of paupers, and to every case where the local government board shall deem it expedient and shall give their consent.
Trustees may pay Cost of Pauper's Relief out of Annuity payable to such Pauper.] Sect. 23 enacts, that where any pauper shall be entitled to any annuity or periodical payment, the trustee or other person bound to make payment of the same to the pauper may from time to time pay to the board of guardians of any union, &c. out of the instalments which have become due the cost incurred in the relief of such pauper accrued since the last instalment; and such payment is to be a legal discharge to such trustee for so much money as shall have been so paid. 140
Where the guardians incur any expenses in the relief of a pauper lunatic, being a member of a benefit or friendly society, and as such entitled to receive any payment, they may recover from him as a debt, or from his executors, administrators or assigns in case
140 By sect. 1 of the 42 Vict. c. 12, it is enacted that
“ 1. The Prorisions of s. 23 of 39 & 40 Vict. c. 61 not to apply to Moneys to which a Pauper or Pauper Lunatic may be entitled as a Member of Friendly or Benefit Society. ]-The provisions contained in the twenty-third section of the Divided Parishes and Poor Law Amendment Act, 1876, shall not apply to any moneys which a pauper or pauper lunatic having a wife or other relative dependent upon him for maintenance may be entitled to receive as a member of any friendly or benefit society, but such moneys shall, subject to any deductions for keeping up his membership required by the rules of such society or any branch thereof, from which such pauper or pauper lunatic is entitled to receive such moneys, be paid or applied by the trustees, committee, or other officers of such society or branch to or for the maintenance of such wife or relative; and where a pauper or pauper lunatic having no wife or relative so dependent upon him is entitled to any such moneys, no claim shall be made under the said act by the guardians of any union or parish upon any such society of which he is a member, or against any branch thereof, for the expenses incurred in his relief, unless and until the guardians or their relieving officer shall have declared the relief to be given on loan, and shall have, within thirty days thereof, notified the same in writing to the secretary or trustees of the society or branch of which the pauper or pauper lunatic is a member, and as such entitled to receive any payment.
“2. Short Title.] This act may be cited as the Poor Law Amendment Act, 1879."
39 & 40 Vict. of his death, the sum so expended by them as aforesaid, and the c. 61.
managing body of such society, after notice from the clerk to the guardians served previously to the money being paid over, are required to pay the same to such guardians, and are to be exonerated on payment from any further liability.
Where any of the above parties decline to make any such payment, the guardians may apply to justices in petty sessions, who may, if satisfied that it is right to do so, make an order to pay the requisite amounts to the guardiaas at once, and to pay from time to time in future as the liability in respect of relief arises.
Provided, that this clause is not to have effect unless and until the guardians or their relieving officer shall have declared the relief to be given on loan, nor in respect of any relief granted contrary to the rules and orders made under the authority of the statutes in that behalf.
Costs in Bastardy.] By sect. 24, in any proceedings by the guardians of the poor under the 36 Vict. c. 9, for obtaining an order upon the putative father of a bastard child, the justices making the order may award costs to and against the parties, in like manner and to the like effect as in the case of orders for the payment of money made under the 11 & 12 Vict. c. 43.
Recovery of Costs of Guardians of a Parish.] By sect. 25, the guardians of a parish are placed upon the same footing, as regards obtaining the costs of orders of maintenance, as the guardians of a union under the 11 & 12 Vict. c. 110.
Provisions for Pauper Lunatics sent from Boroughs to Licensed Houses and Registered Hospitals.) Sect. 26 enacts provisions in respect of the charge of maintenance of a pauper lunatic, sent from any part of a borough wholly or partly comprised within a union or parish, to a licensed house or registered hospital.
Repeal of Sect. 1 of the 56 Geo. 3, c. 139.] Sect. 27 repeals the 1st section of the 56 Geo. 3, c. 139, relating to the binding of parish apprentices.
Boys in receipt of Relief, who are desirous of it, may be forwarded by the Guardians for E.camination for the Naval Service.] By sect. 28, if any boy not already in the merchant service who, or whose parent or parents shall be receiving relief, be desirous of serving in the naval service, and be forwarded for approval by competent authority for such service, the guardians may enable any such boy to be so forwarded, and may pay out of their funds such sum as may be required by the regulations of such service for providing outfit or otherwise, and also such expenses as may be necessary to be incurred for the conveyance of such boy in charge of a proper person to and from the port or place at which he may be required to attend for examination, and, if accepted, for entry into such service,
Balances of outgoing Overseers.] The 29th section provides for 39 & 40 Vict. the discharge of the balances due to outgoing overseers.
Repeal of Exemption of Corporate Property.] The 30th section repeals so much of the 4 & 5 Vict. c. 48, as exempts the property of municipal corporations from being rated in the cases therein mentioned.
Broker's Charges.] By sect. 31, it is enacted, that in all cases where a warrant of distress is issued for the recovery of a poor rate, the person against whom the same is issued is to be liable to pay the cost of such warrant, and of the broker or other officer for his attendance to make the levy, although such person may tender the amount of the rate before the levy is made.
Justices to make Allowances to Clerks of Justices in respect of Jury Lists.] By sect. 32, the justices in quarter sessions are to make allowances, as compensation, to the clerks to the justices in the several divisions for their services in relation to the revision and allowance of the jury lists.
Appointment by Guardians of Visiting Officer.] The 33rd section authorizes the guardians or the managers of any district school to appoint and pay any officer to visit and report upon the condition, treatment and conduct of any poor child under the age of sixteen, who shall have gone into service from the workhouse, or from such district school.
III. The Law of Settlement. Settlement by Residence.] By sect. 34, where any person shall have resided for the term of three years in any parish in such manner and under such circumstances in each of such years as would render him irremovable, he is to be deemed settled therein until he shall acquire a settlement in some other parish by a like residence or otherwise; provided that an order of removal, in respect of a settlement acquired under this section, is not to be made upon the evidence of the person to be removed, without such corroboration as the justices or court think sufficient.
Abolition of Derivative Settlements.] By sect. 35, no person is to be deemed to have derived a settlement from any other person, whether by parentage, estate or otherwise, except in the case of a wife from her husband, and in case of a child under sixteen, which child shall take the settlement of its father or of its widowed mother, as the case may be, up to that age, and shall retain the settlement so taken until it shall acquire another; and an illegitimate child is to retain the settlement of its mother until it shall acquire another settlement. If any child shall not have acquired a settlement for itself, or, being a female, shall not have derived a settlement from her husband, and it cannot be shown what settlement such child or female derived from the parent without inquir
39 $ 40 Vict. ing into the derivative settlement of such parent, such child or e. 61.
female is to be deemed to be settled in the parish in which he or she was born.
Sect. 36 contains a provision for pending orders of removal.
Sect. 37 provides that rates made by overseers, not now audited, shall for the future be subject to the audit of the district auditor.
Sect. 35 provides for an appeal to the local government board against the decision of the auditor in allowing, disallowing, or surcharging a sum in any account rendered to him jointly.
Sect. 39 applies to voting papers for guardians.
The remaining sections apply to a few matters of detail connected with the metropolis and the inns of court.
The allowance must be at the end of the rate (In re Justices of
North Sturfordshire, 23 L. J. (N. S.) M. C. 17; 22 Law T. 136). 17 Geo. 2, Publication of Rate.] This is on the next Sunday after the allore. 3.
ance 17 Geo. 2, c. 3, s. 1); but the notice of the allowance need not be signed by the parish officers (Barnley r. Jethley, 28 L.J. (N. S.)
V. C. 152; 33 Law T. 132). 54 Geo. 3, Ercusing Rutes.] Two justices, on application of person rated, e. 170.
may, on proof of inability through poverty to pay, and with consent of the parish officers, order such person to be excused (34 Geo. 3, e. 170, s. 11. 141 (Forms of Orders, Nos. 70, 71, p. 915, Oke's ** Formulist," 6th ed.]
I Vict. c. 36.
POST OFFICE Recorery of Postage.] Not exceeding £20 from any person, or from any deputy, agent, or letter carrier, or any other person employed in receiving or collecting the postage of letters or any of the post office revenue, or from the sureties of any such last-mentioned person, before one justice. Summons; distress warrant; in default of sufficient distress, imprisonment in the prison of the place until debt and expenses paid (1 Vict. c. 36, s. 43).
Recovery of Postage of rejected Letters.] From the sender, as above mentioned (10 & 11 Vict. c. 83, ss. 12, 13, 14).
141 The practice adopted by some parish officers of making out a list of persons to be excused, and obtaining the signature of two justices thereto, is illegul, although done with a view of saving the poor persons the fees of the justices' elerk on each person's application (see Poor Law Commissioners' Report on Local Taxation, pp. 60, 61). The application of the party need not necessarily be made until the overseers attempt to enforce the rate.