order or direct, for or towards the discharge of the parish or place where such wife, child, or children are left, for the bringing up and providing for such wife, child or children; which warrant or order being confirmed at the next quarter sessions, it shall be lawful for the justices at such quarter şessions to make an order for the churchwardens or overseers of the poor of such parish or place to dispose of such goods and chattels by sale or otherwise, or so much of them, for the purposes aforesaid, as the court shall think fit, and to receive the rents and profits (or so much of them as shall be ordered by the sessions as aforesaid) of his or her lands and tenements, for the purposes aforesaid." In Stable v. Dixon, 6 East, 163, it was doubted by Lord Ellenborough, C. J., whether the justices, under this latter statute, could grant a warrant or order to take property, beyond the extent of the expenses already incurred by the parish. In that case also the original order of justices did not specify the amount to be taken (which the court held to be necessary), and it was doubted whether this defect was remedied by the order of sessions, which did specify a sum (h). The order of justices may be in the following form: County of - To the churchwardens and overseers of the poor of the parish of · in the said county. Whereas it appears unto us, R. S. and T. W., esquires, two of Her Majesty's justices of the peace for the said county, upon the application of you the said churchwardens and overseers, and upon due proof on oath before us made in this behalf, that J. S., late of the parish of· aforesaid, farmer, hath gone away from his place of abode, at in the said parish, into some other county or place, and hath left Ann, his wife, and John, James, and Eliza, their children, upon the charge of the said parish of the same being the place of their last legal settlement, and that the said J. S. hath some estate which should ease the said parish of their said charge, in whole or in part: we do therefore hereby order and authorize you, the said churchwardens and overseers of the poor of the parish aforesaid, to take and seize into your hands of the goods and chattels of the said J. S. [here enumerate the articles], and receive the annual rents and profits of the lands and tenements of the said J. S., at -, aforesaid, the sum of - sufficient to make and raise altogether the sum of· -, for and towards the discharge of the said parish of -, for the providing for the said wife and bringing up and providing for his said children; and (h) Stable v. Dixon, 6 East, 163. have you this warrant and order before the justices at the next quarter sessions to be holden for the county aforesaid, and then certify to them there what you shall have done in execution hereof. Given under our hands and seals, at this day of- —, in the year of our Lord At the next quarter sessions a motion must be made to confirm this order, and that the goods seized be sold. SECTION III. Liability of Mothers. Liability of widows, 293. Liability of unmarried women, 293. Liability of widows.] “Any relief given to or on account of any child or children, under the age of sixteen, of any widow, shall be considered as given to such widow;" but this shall not affect the right to proceed against the relations under the stat. 43 El. c. 2, s. 7, already mentioned, ante, p. 285 (i). 66 Liability of unmarried women.] The mother of an illegitimate child, so long as she shall be unmarried or a widow, shall be bound to maintain such child as a part of her family, until such child shall attain the age of sixteen; and all relief granted to such child, while under the age of sixteen, shall be considered as granted to such mother: provided always, that such liability of such mother as aforesaid shall cease on the marriage of such child, if a female" (k). If the woman afterwards marry, we have seen (ante, p. 290) that her husband will be bound to maintain her illegitimate children, until they attain the age of sixteen, or until the death of the mother (1). As to orders of filiation, see ante, vol. 1, tit. " Bastard.” SECTION IV. Liability of Putative Fathers of Bastards. At common law, the putative father of a bastard was not compellable to support it or contribute in any way to its maintenance. But by stat. 7 & 8 Vict. c. 101, s. 3, the jus (i) 4 & 5 W. 4, c. 76, s. 56. See 'Relief by reay of Loan," post. (k) 4 & 5 W. 4, c. 76, s. 71. tices of the peace in petty sessions may now make an order of filiation, and thereby charge the putative father with the payment of a sum weekly for the support of the child. And if the order be not obeyed, a justice of the peace may cause the sum in arrear to be levied by distress, and in default thereof he may commit the party to the common gaol or house of correction, there to be imprisoned for a time not exceeding three months, unless the sum due be sooner paid (m); or the party may be indicted as for a misdemeanor at common law. See further upon this subject, ante, vol. 1, tit. "Bastard." (m) 4 & 5 W. 4, c. 76, s. 3. CHAPTER II. Relief in the Workhouse. SECT. 1. Workhouses, their Establishment, &c., p. 295. 2. Relief by Guardians in a Workhouse, p. 307. 3. Relief by Overseers, &c., in a Workhouse, p. 327. SECTION I. Workhouses, their Establishment, &c. In parishes generally, 295. Money for the purpose, how Workhouses, where deemed to In parishes generally.] Workhouses were first established in the cities of London and Westminster, and within the bills of mortality, by stat. 13 & 14 C. 2, c. 12, ss. 4-14. But it was not until the reign of George the First, that provision was made for their establishment generally throughout the kingdom; when by stat. 9 G. 1, c. 7, s. 4, for the greater ease of parishes in the relief of the poor, it was enacted, “that it shall and may be lawful for the churchwardens and overseers of the poor in any parish, town, township, or place, with the consent of the major part of the parishioners or inhabitants of the same parish, town, township, or place, in vestry or other parish or public meeting for that purpose assembled, or of so many of them as shall be so assembled, upon usual notice thereof first given, to purchase or hire any house or houses in the same parish, township, or place, and to contract with any person or persons, for the lodging, keeping, maintaining, and employing any or all such poor in their respective parishes, townships, or places, as shall desire to receive relief or collection from the same parish, and there to keep, maintain, and employ all such poor persons, and take the benefit of the work, labour, and service of any such poor person or persons who shall be kept or maintained in any such house or houses, for the better maintenance and relief of such poor person or persons who shall be there kept or maintained; and in case any poor person or persons of any parish, town, township, or place, where such house or houses shall be so purchased or hired, shall refuse to be lodged, kept, or maintained in such house or houses, such poor person or persons so refusing, shall be put out of the book or books where the names of the persons who ought to receive collection in the said parish, town, township, or place, are to be registered, and shall not be entitled to ask or receive collection or relief from the churchwardens and overseers of the poor of the same parish, town, or township." This statute then provides that two or more parishes or townships may join in having one such workhouse in common amongst them; and enables any parish to contract for the maintenance of their poor in the workhouse of another parish. And by stat. 59 G. 3, c. 12, s. 8, "in any parish not having a workhouse for the poor thereof, or where the workhouse shall be found insufficient or inconvenient, it shall be lawful for the churchwardens and overseers of the poor, by the direction of the inhabitants in vestry assembled, to erect and build in such parish a suitable workhouse, or to alter and enlarge any messuage or tenement belonging to such parish for that purpose, and to purchase or take on lease any ground within the parish for the purpose of such building, or for enlarging any such other messuage or tenement belonging to such parish for that purpose, or such churchwardens and overseers may and they are hereby authorized to add to and enlarge any such insufficient workhouse as the inhabitants of the parish in vestry shall think fit and direct." And whereas there may be parishes in which no sufficient poorhouse or workhouse can be procured for the accommodation of the poor thereof: it is therefore enacted, that it shall and may be lawful for the churchwardens and overseers of the poor of every such parish, by the direction of the inhabitants thereof in vestry assembled, to purchase or hire any suitable and convenient house or houses, building or buildings, for that purpose, in any adjoining parish, with the consent of two or more justices, such consent to be written upon or annexed to the agreement for purchasing or hiring such house or houses, building or buildings: provided always that no such house or building shall be situate more than three miles from the parish for which the same shall be purchased or hired (a). But every house and building, which shall be so purchased (a) 59 G. 3, c. 12, s. 10. |