virtue of such warrant and certificate; and if any person shall find himself or herself aggrieved by such distress as aforesaid, it shall and may be lawful for such person to appeal to the next general or quarter sessions of the peace for the county or precinct where such assessment was made, and the justices there are hereby required to hear and finally determine the same. And by stat. 54 G. 3, c. 170, s. 12, it is also enacted, that the goods and chattels of any person neglecting or refusing to pay any sum of money legally assessed on and due from him, in respect of any rate for the relief of the poor, church cess, or highway cess, of any district, parish, township, or hamlet, for the space of seven days after the same shall have been legally demanded of him, shall and may be distrained, not only within such district, parish, township, or hamlet, but also within any other district, parish, township, or hamlet, within the same county, riding, division, or jurisdiction; and if sufficient distress cannot be found within the same county, riding, division, or jurisdiction, then, upon oath thereof made before any one or more justice or justices of the peace of any other county, riding, division, or jurisdiction, in which any of the goods or chattels of such persons shall be found, (which oath such justice or justices are hereby required to administer and certify, by indorsing, in his or their respective handwriting, his or their name or names, on the warrant granted to make such distress,) the goods and chattels of the said person so neglecting or refusing to pay as aforesaid, shall be subject and liable to such distress and sale, in such other county, riding, division, or jurisdiction, where the same shall be found; and may, by virtue of such warrant and certificate, be distrained and sold, in the same manner as if the same had been found within the district, parish, township, or hamlet, in or for which such rate or cess had been made or was due. CHAPTER VIII. Inspection of the Rate. By stat. 6 & 7 W. 4, c. 96, s. 5, "it shall be lawful for any person rated, at all reasonable times, to take copies of or extracts from the rate, without paying any thing for the same; and in case the person having the custody of such rate, shall refuse to permit such person so rated as aforesaid to take copies thereof or extracts therefrom, the person or persons so refusing or not permitting such copy or extract to be made, shall forfeit and pay any sum not exceeding 51., to be recovered in a summary way before any justice of the peace having jurisdiction in the parish or place." The stat. 17 G. 2, c. 3, was to the same effect, only inflicting a penalty of 207. And it has been holden that an overseer who refuses to give an inhabitant a copy of the poor rate, is still liable to an action on stat. 17 G. 2, c. 3, for the penalty of 201. given by that statute, notwithstanding the above section of stat. 6 & 7 W. 4, c. 96 (a). Whether an overseer have complied with a demand for a copy of a poor rate within a reasonable time, is a question of fact for a jury (b). (a) Tennant v. Creston, 15 Law R. v. Clear et al., ringdon, 9 B. & C. 541. Whitchurch v. Chapman, 3 B. & Ad. 691. (b) Tennant v. Bell, 16 Law J. 31, m. PART III. Relief. CHAP. 1. Relief by Relations, p. 285. 2. Relief in the Workhouse, p. 295. 3. Relief out of the Workhouse, p. 332. 4. Relief by Guardians out of the Union Fund, p. 384. 5. Relief by Guardians under Local Acts, p. 386. 6. Relief by Select Vestries, p. 387. 7. Relief by District Boards, p. 392. CHAPTER I. Relief by Relations. SECT. 1. Liability of Relations generally, p. 285. 4. Liability of Putative Fathers of Bastards, SECTION 1. Liability of Relations generally. By stat. 43 El. 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, being of sufficient ability, shall, at their own charges, relieve and maintain every such poor person, in that manner, and according to that rate, as by the justices of the peace of that county where such sufficient persons dwell, or the greater number of them, at their general quarter sessions, shall be assessed :-upon pain that every one of them shall forfeit twenty shillings for every month which they shall fail therein." It will be observed that the power to make this order is here confined expressly to the justices at their general quarter sessions: but the jurisdiction has since been extended to "any two or more justices of the peace for the county or other juris diction in which any such sufficient person shall dwell," in petty sessions assembled (a). There was some doubt formerly as to the mode of proceeding for the above penalty. But now, by stat. 4 & 5 W. 4, c. 76, s. 78, all sums of money, which shall be assessed by any justices of the peace, on the father, grandfather, mother, grandmother, child or children, of any poor person, for the relief or maintenance of such poor person, by virtue of the provisions of the above stat. 43 El. c. 2, s. 7, or of any Act to amend the same, and all penalties and forfeitures to which any person so assessed shall be liable for any default in paying the same,-shall be recoverable against every person so assessed or charged, in like manner as penalties and forfeitures are recoverable under the provisions of this Act. And penalties under the provisions of that Act, are recoverable upon conviction before any two justices, and shall be levied, together with the costs attending the information, summons, and conviction, by distress and sale of the offender's goods and chattels, either by warrant under the hands of the justices before whom the party may have been convicted, or (on proof of the conviction) by warrant under the hands of any two justices acting for the county, riding, or division; and where such penalty shall not be forthwith paid upon conviction, the justices may order the offender to be kept in safe custody until the return of the distress warrant, unless the offender give security by recognizance or otherwise for his appearance at the day appointed for the return of the distress warrant, not being more than seven days from the day of taking such security; and if at the return of such distress warrant, it appear that no sufficient distress can be had, "then it shall be lawful for any such justices as aforesaid, as the case may be, and they are hereby authorized and required, by warrant or warrants under their hands, to cause such offender or offenders to be committed to the common gaol or house of correction of the county, riding, or place where the offender shall be or reside, there to remain, without bail or mainprise, for any term not exceeding three calendar months, unless such penalties and forfeitures, and all reasonable charges attending the same, shall be sooner paid and satisfied; and the penalties and forfeitures, when so levied, shall be paid to or for the use of the parish or union where such offence shall have been committed, to be applied in aid of the poor rate of such parish or union” (b). And by stat. 11 & 12 Vict. c. 110, s. 8, the guardians of a union have the same powers with respect to a pauper chargeable to the common fund of the union, as hereinafter mentioned. The stat. 43 El. c. 2, s. 7, extends only to natural relations, (a) 59 G. 3, c. 12, s. 26. (b) 4 & 5 W. 4, c. 76, s. 99. |