salaries of the governor and servants, and sums paid for rent, if the premises be rented, which being signed by the guardians, shall be paid by the several parishes, in proportion to their respective poor's rates taken on a medium

of three years next before the date of the agreement to unite: How to be but the debt incurred for the maintenance of the poor, of settled. which the treasurer shall produce a separate account, shall be paid in proportion to the number of persons sent by the respective parishes, and the time they have staid in the poorhouse; which account shall be signed by the guardians, and approved by the visitor, if not a guardian; and in default of payment of such sums by such parishes after seven days, the same shall be levied by distress and sale of the goods and chattels of the respective guardians of such parishes; and at the end of every year the account shall be closed, and the balances paid, as in schedule N°. XVI.

Sect. 25. The churchwarden or overseer having the cus- Poor's rates to tody of the poor's rate, shall, on four days' notice, produce be produced. the same, in order that the expence of the maintenance of the poor, at a medium of three years, may be ascertained, or in default shall forfeit 51.

Penalty.

Sect. 26. Any guardian not attending the monthly Penalty on meeting, or sending some substantial inhabitant to attend guardian not attending and answer the payments for him in case of sickness, &c., meeting. shall forfeit not exceeding 57. nor less than 40s.

Sect. 28. Every person sent to the house shall bring an Order for adorder for his admission in the form prescribed in schedule mission to poor-house. No. XII. signed by one of the guardians.

house.

Sect. 29. No person shall be sent to the poor-house ex- Who shall be cept the indigent by old age, sickness, or infirmities, and sent to poorsuch as are unable to acquire a maintenance by their labour, and such orphans as shall be sent thither by order of the guardians, with the approbation of the visitor, and such children as shall necessarily go with their mothers thither for sustenance.

How poor children are

for.

Sect. 30. All infant children of tender years, who, from

to be provided accident or misfortune, shall become chargeable where they belong, may be either sent to such poor-house, or be placed by the guardian, with the approbation of the visitor, with some reputable person near the parish, at such weekly allowance as shall be agreed upon, until such children shall be of age to go to service, or be bound apprentice, of whom a list shall be given to the visitor, who shall see that they are properly treated, or cause them to be placed under the care of some other person; and such children, at proper ages, shall be placed out at the expence of the place to which they belong, according to the laws in being (1), provided that if the relations of such poor children, or any other responsible person, shall desire to receive and provide for them, the guardian shall dismiss them from the poor-house, and deliver them to such parent, &c.; provided also, that nothing herein shall give any power to separate any child, under the age of seven years, from his parent, without their consent.

Idle persons neglecting to provide for

their families to be prosecuted.

Penalty for not complaining.

Repeal of provisions of

9 G.1. c. 7. s. 4.

Sect. 31. All idle or disorderly persons who are able but unwilling to work or maintain themselves and families, shall be prosecuted by the guardians, and punished as idle and disorderly persons are directed to be under 17 Geo. II. (2) And any guardian neglecting to complain thereof to some justice within ten days after it shall come to his knowledge, shall forfeit a sum not exceeding 5l. nor less than 20s., half to the informer, and half as other forfeitures are herein directed to be disposed of.

By sect. 1. so much of the 9 Geo. I. c. 7. s. 4. as respects the maintaining or letting out the labour of the poor by contract, by any parish, &c. which adopts the provisions of this act, is repealed, and the contract made for those purposes shall be void.

(1) The indentures must be executed by the churchwardens and overseers. Where the guardian executed them, they were held insufficient to confer a settlement. Rex v. Lutterworth, Mich. Term, 1824, MSS. (2) And now by 5 Geo. IV. c. 73. See the 21st section.

may agree for

Sect. 32. Where any poor shall be able and willing to Guardians work, but cannot get employment, the guardian, on applica- employment tion made on behalf of such poor persons, may agree for of the poor. their being employed suitably to their strength and capacity, near the place of their residence, and maintain them until such employment shall be procured, and during such work, and receive the money earned, and apply it for their main- Take their tenance, and make up the deficiency, if any; and, if the wages. money earned exceed the sum expended in their mainte- Support them. nance, they shall account for the surplus, which shall in one month be given to such poor persons, if no further expences be then incurred; and if such poor person shall refuse to work, or run away from such employment, the guardians shall complain to a justice, who shall, on conviction, commit the offender to the house of correction, there to be kept to hard labour not exceeding three calendar months, nor less than one.

contract for

Sect. 2. The visitors and guardians may make agree- Visitors and ments for the diet and clothing of such as are sent to the guardians to houses provided by this act, and for their work and labour, the diet, clothsuch agreement not to continue for more than twelve ing of the poor, months, and to be under the controul of the visitor, guardians, and governor, and also of the justices, two of whom, upon proof of abuse, are empowered to dissolve the contract. (1)

and for their

labour.

Sect. 33. The guardian of every parish shall provide Guardian to necessary clothing for the poor sent by him to the work- provide clothing. house; and, on complaint by the governor or other guardians of his neglect to do so, he shall be summoned by the justice, and directed to provide such clothing; and, if he make default for ten days, the governor or other guardian shall be directed to provide the necessary clothing, and demand the expences thereof from the guardian; and, in default of payment, the sums shall be Penalty. levied by distress and sale of the goods and chattels of such guardian.

(1) See 50 Geo. III. c. 50. and 55 Geo.III. c.137., ante, p.384.

Rules, &c. to be observed.

Sect. 34. The rules, orders, &c. specified in the schedule of this act shall be observed at every poor-house, with any additions made by the justices at special sessions, provided they be not contradictory to such rules, &c.; and the same shall not be repealed at the quarter sesTo be printed. sions; and the governors shall cause the same to be printed, and fixed up in some conspicuous part of the poorhouse.

Justice may order relief,

or the poor person to be sent to the poor house.

Idle and dis

orderly poor may be punished.

Application, 1st, To the guardian.

Sect. 35. On complaint upon oath, on behalf of any poor person, that the guardian, upon application, hath refused proper relief, a justice, by writing under his hand, may order some weekly or other relief, or direct such guardian to send such person to the poor-house, which order shall be complied with within two days; or if it shall appear that such person is able and willing to work, but wants employment, the justice may order the guardian to procure him maintenance and employment in the manner hereinbefore mentioned, on pain of 57.; but if such person shall appear to be an idle or disorderly person, and has not used proper means to get employment, such justice may commit him to the house of correction for a time not exceeding three calendar months, nor less than one; or if it shall appear that the husband or father of such person making such complaint, is an idle or disorderly person, able to work, but by his neglect of work, or for want of seeking employment, or by spending the money he earns in alehouses or places of bad repute, doth not maintain his wife and children, the justice may commit the husband of such poor woman, or the father of such poor child, to the house of correction for any time not exceeding three calendar months, nor less than one. So much of this section as relates to badging the poor, is repealed by statute 50 Geo. III. c. 52. (1)

Sect. 36. Application for relief shall be first made to the guardian, and on his refusal, if there be a visitor appointed,

(1) See ante, p. 362.

then to the visitor, who shall order relief in or out of the 2d, To visitor. poor-house at his discretion; and if such visitor refuses 3d, To justices. proper relief, then application shall be made to a justice.

visitor before recourse is had

to a justice dispensed with

in certain

cases.

And by 59 Geo. III. c.12. s. 27., in many cases, by reason Application to of the absence of the visitor or the distance of his residence, it may not be in the power of the complainant to make such application, it is enacted, that any justice to whom any such complaint shall be made, (if the visitor of the parish or united parishes is absent from home, or is resident more than six miles from the place of abode of the complainant, and application hath been made to the guardian, and hath been refused,) may summon the guardian to appear before him to answer such complaint, and proceed thereon in like manner as where application hath been made to the visitor.

Sect. 37. enables the justice to order any part of the penalty to be forfeited by the guardians for disobeying his order, to be paid to the poor person, in whose behalf the order was made, and the remainder to be disposed of as hereinafter mentioned. (1)

Sect. 38. If any poor person shall be retarded on his passage through any parish or place in which he has no legal settlement, by any accident, sickness, or bodily infirmity, the guardian shall provide for him lodging, nourishment, and clothing, until he can be removed with safety; and when he shall be fit to be removed, shall carry him to some justice, who shall examine him on oath touching the place of his settlement, and make an order for his removal thither; and the parish officer shall make a charge of the expences, which, on being allowed and certified by such justice, shall be paid by the guardian of the parish where such poor person shall be settled, if it be within the county, on production of the allowance by the justice; and, in default of payment, the same shall be levied upon the

(1) Sect. 45. post. 405.

Justice may order penalty to be paid to the poor.

Guardian shall maintain easual poor.

Recover the expences from the parish where such person is

settled.