the prisoner examined as to his settlement, and the justices shall thereupon make an order for his removal accordingly, but shall suspend the execution thereof during the time he shall be confined (d); which order shall be served upon the overseers of the parish to which he is adjudged to belong (e), who may appeal against the same (ƒ); and any justice of the peace may order the latter overseers to repay to the former all charges incurred by them in granting relief to the pauper, and if they refuse, the amount may be levied by distress upon their goods (g). If, however, the pauper have no settlement, in that case the sums expended by the overseers shall be repaid to them out of the county rate, by the treasurer of the county (h). As to the prisoners for debt in the Queen's Bench, Marshalsea and Fleet Prisons, by stat. 53 Geo. 3, c. 113, s. 2, the treasurer of every county and division specified in a schedule to that Act, shall on or before the first day of August in every year, pay unto the treasurer of the county of Surrey, for the prisoners in the Queen's Bench and Marshalsea Prisons, and to the chamberlain of London, for the prisoners in the Fleet Prison, the sums respectively mentioned in such schedule (i): and the courts of Queen's Bench, Common Pleas, and of the Marshalsea, may enforce payment of the same, by rules of court (k). The statute then provides for the manner in which the money is to be distributed, and by and amongst whom. Since the passing of this Act, however, the Fleet and Marshalsea Prisons have been abolished, and the prison of the Queen's Bench is now to be called "the Queen's Prison" (1). Prisoners confined for treason, felony, or misdemeanour, are maintained at the expense of the county, &c. in which the prison is situate where they are confined (m). Order for relief.] By stat. 3 W. & M. c. 11, s. 11, "there shall be provided and kept in every parish (at the charge of the same parish) a book or books, wherein the names of all such persons, who do or may receive collection, shall be registered, with the day and year when they were first admitted to have relief, and the occasion which brought them under that necessity and that yearly in Easter week (or as often as it shall be thought convenient), the parishioners of every parish shall meet in their vestry, or other usual place of meeting in the same parish, before whom the same book shall be produced, and all persons receiving collection to be called over, and the reasons of their taking relief examined, and a new (d) 52 G. 3, c. 160, s. 3. (e) Id. s. 4. (f) Id. s. 6. ) Id. s. 5. (k) Id. s. 7. (i) 53 G. 3. c. 113, s. 2. (k) Id. s. 6. (1) 5&6 Vict. c. 22. (m) See ante, vol. 1, pp. 362, 391, list made and entered, of such persons as they shall think fit and allow to receive collection; and that no other person be allowed to have or receive collection at the charge of the said parish, but by authority under the hand of one justice of the peace residing within such parish, or if none be there dwelling, in the parts near or next adjoining, or by order of the justices in their respective quarter sessions-except in cases of pestilential diseases, plague, or small-pox, for and in respect of such families only as are or shall be therewith infected." So much of this section as requires the justice making the order of relief to be residing in the parish, is directory merely, and not essential to the validity of the order (n). And by stat. 9 G. 1, c. 7, s. 1, after reciting this Act, it is enacted that "no justice of peace shall order relief to any poor person dwelling in any parish,-until oath be made before such justice of some matter which he shall judge to be a reasonable cause or ground for having such relief,-and that the same person had by himself, herself, or some other, applied for relief to the parishioners of the parish, at some vestry or other public meeting of the said parishioners, or to two of the overseers of the poor of such parish, and was by them refused to be relieved, and until such justice hath summoned two of the overseers of the poor to show cause why such relief should not be given, and the person so summoned hath been heard, or made default to appear before such justice." And the person whom any such justice of peace shall think fit to order to be relieved, shall be entered in such book or books so to be kept by the parish, as one of those who is to receive collection, as long as the cause for such relief continues, and no longer; and no officer of any parish shall (except upon sudden and emergent occasions) bring to the account of the parish any monies he shall give to any poor person of the same parish, who is not registered in such book or books to be kept by the said parish, as a person entitled to receive collection, on pain of forfeiting the sum of five pounds, to be levied by distress and sale, by warrant of any two or more justices of the peace of the same county, who shall have examined into and found him guilty of such offence, which said sum shall be applied to and for the use of the poor of the said parish, by direction of the said justices of the peace (o). The conviction for this offence is in the ordinary form, stat. 11 & 12 Vict. c. 43, sch. I. 1, and the warrant of distress may be in the form there stated. There were also some statutes, which enabled justices to order relief for a limited time (p), and in cases where the (n) R. v. Woodsterton, 2 Barnard. 207, 247. (0) 9 G. 1, c. 7, s. 2. (p) 36 G. 3, c. 23; 55 G. 3, c. 187, s. 3. poor were under guardians, governors, or directors, by virtue of local Acts, or under a select vestry (9); but these have been repealed (r). Formerly also the order must have been made by two justices, except in cases of emergency, where an order by one would have been sufficient (8). But this section is now repealed (t); and it should seem that an order by one justice would now in all cases be sufficient. In cases, therefore, in which a justice or justices may make an order of relief, it will be seen from the above statute that the first step to be taken is, that the pauper should make oath of the cause or ground of his claiming relief; which may be done in this form : J. S. of the parish of in the county of· labourer, maketh oath and saith that [here state the cause or ground for applying for relief:] and that he did, on the day of instant, apply to A. B. and C. D. two of the overseers of the poor of the said parish, for relief, and that he was by them refused to be relieved. Sworn at in the county of this J. S. day of 18-, before me, one of Her Majesty's justices of the peace for the said county. J. P. The next step is, to summon two of the overseers: and the summons may be in this form : Berkshire, to wit:-To the constable of· Whereas J. S. of the parish of· - in the county of Berks, labourer, hath this day made oath before me, J. P. one of Her Majesty's justices of the peace in and for the county aforesaid, that [here state the substance of the pauper's deposition:] These are therefore to require you to summon two of the overseers of the poor of the said parish, to appear before me at on, at the hour of the forenoon, to show cause why relief should not be given unto the said J. S. [and his said family]; and be you then there, to certify what you shall have done in the premises. Herein fail you not. Given under my hand and seal this day of in the year of our Lord -. in At the time mentioned in the summons, if none of the overseers attend, then, upon proof of the service of the summons, the justices will make the order. But if any of the over (q) 59 G. 3, c. 12, ss. 1, 5. (s) 59 G. 3, c. 12, s. 5. seers attend, the justice will hear what reason, if any, they may have for not granting the pauper relief; and if he think it not sufficient, he will make the order, otherwise he will refuse it. The following may be the form of the order of relief: Berkshire, to wit:-To the churchwardens and overseers of the poor of the parish of, in the said county. Whereas J. S. of the said parish, labourer, hath made oath before me, one of Her Majesty's justices of the peace in and for the said county, that [setting out the pauper's deposition, but in the past tense]. And whereas two of the overseers of the poor of the said parish were thereupon duly summoned to appear before me, to show cause why relief should not be given unto the said J. S. and his said family, [and one of them accordingly appeared before me, but did not show any sufficient cause why such relief should not be given: or," but neither they nor any other of the overseers of the poor of the said parish appeared before me, according to the exigency of the said summons, but therein made default]; these are therefore to require and order you the said churchwardens and overseers of the poor of the said parish to relieve the said J. S. and his said family [by paying to him the sum of - each and every week], so long as the cause for such relief as aforesaid shall continue. Given under my hand and seal, this - day of· in the year of our Lord. If the pauper be in another parish, the order cannot compel the overseers to go there to relieve him, or to send relief to him, even although he be so unwell that he cannot be removed (u); he must either come personally to claim relief, or he must apply to the overseers of the parish where he is residing, who may thereupon obtain an order to remove him, or, if from illness he cannot be removed, the order may be suspended. The only exception to this is, in the case of infants having a different settlement from their mother, and residing in another parish with their mother for nurture; if they become chargeable to such other parish, any justice acting for such parish may make an order for their relief upon the overseers, &c., of the parish where they are settled (v), provided the mother or her husband be not able to maintain them (w). The court, however, will not grant a mandamus to justices to compel them to make such an order (x); at least not until the place of settlement of the children shall have first been adjudged. SECTION III. Relief by way of Loan. In ordinary cases, 371. The like, where the relief is To pensioners in the army or navy, 380. For pensioners who are luna- To lunatics, 381. 381. In ordinary cases.] Whereas it is expedient to discourage that reliance upon the poor's rates which frequently induces artisans, labourers, and others, to squander away earnings, which would, with suitable care, have afforded sufficient means for the support of their families: be it therefore enacted, that whenever it shall appear to the justices, or to the general or select vestry, or to the guardians appointed under stat. 22 G. 3, c. 83, or to the overseers of the poor, to whom application shall be made for relief for any poor person, that he might but for his extravagance, neglect, or wilful misconduct, have been able to maintain himself or to support his family (as the case may be), it shall be lawful for the overseers of the poor (by the direction of the justices, or of the general or select vestry, or of such guardians, where application shall have been made to them respectively) to advance money weekly or otherwise, as may be requisite, to the person so applying, by way of loan only, and to take his receipt for and engagement to repay every sum to be so advanced, for which no stamp duty shall be required: and it shall be lawful for any two justices, upon the application (within one year after any such loan or loans) of one or more of the overseers of the poor for the time being of the parish, to summon the person to whom any money shall have been so advanced; and if, upon examination by such justices into his circumstances, it shall appear to them that such person is able by weekly instalments or otherwise to repay the whole or any part of the money so advanced to him, and for which he shall have given any such (x) R. v. JJ. of Middlesex, 4 B. & Ad. 298. |