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in the administration of the laws for the relief of the poor, to furnish or supply, for his own profit, or on his own account, any goods, materials, or provisions ordered to be given in parochial relief, or to furnish or supply any goods, materials, or provisions for or in respect of the money ordered to be given in parochial relief to any person in such parish or union; and every person so offending shall, on conviction before any two justices of the peace, be subject to a penalty of 51., one half to be paid to the informer, the other half in aid of the poor rates of such parish or union (9).

The statute provides also that so much of ståt. 55 G. 3, c. 137, as inflicts a penalty on persons having the management of the poor, if concerned in providing, or in any contract for the supply of, any goods, materials or provisions for the use of any workhouse, or otherwise for the support or maintenance of the poor, for their own profit, shall apply to all officers appointed under the provisions of this Act (r).

Also, by the consolidated order of the commissioners, 24th July, 1847,

Art. 218. No clerk, relieving officer, master, or other officer appointed to or holding any office under this order, shall, directly or indirectly, receive or bargain to receive any gratuity, per-centage, or allowance of any kind, with reference to any contract with the guardians, or in respect of any payment made or to be made for goods supplied or work executed according to the order of such guardians, or on their behalf.

Embezzling or misapplying monies, &c.] If any master of a workhouse, or other paid officer, or any other person employed by or under the authority of the said guardians, shall purloin, embezzle, or wilfully waste or misapply any of the monies, goods, or chattels belonging to any parish or union, every such offender shall (besides and in addition to such pains and penalties as such person shall, independently of this Act, be liable to) forfeit and pay for every such offence any sum not exceeding 201., and also treble the amount or value of such money, goods, or chattels so purloined, embezzled, wasted, or misapplied; and every person so convicted shall thereafter be incapable of serving office under this or any other Act in relation to the relief of the poor (s). An information on this section, for misapplying money belonging to a parish, was holden bad, because it did not allege that the defendant "wilfully" misapplied it (t).

(q) 4 & 5 W. 4, c. 76, s. 77. As to the form of the conviction, see ante, pp. 53, 54.

(r) Id. s. 51. See ante, p. 54.

(8) 4 & 5 W. 4, c. 76, s. 97. As to the form of the conviction, see ante, p. 54.

(t) Carpenter v. Mason et al., 12 Ad. & E. 629.

Assaults upon officers.] By stat. 13 & 14 Vict. c. 101, s. 9, where any person shall be charged with, and convicted of, any assault upon any officer of a workhouse or relieving officer in the due execution of his duty, or upon any person acting in aid of such officer, the court may sentence the offender to the same punishment as is provided by law for an assault upon a peace officer or revenue officer in the due execution of his duty (u), and shall have the same power as in case of such last-mentioned assault to order payment of the costs and expenses of the prosecution. And this provision is now extended to an assault upon any person included under the word "officer" in stat. 4 & 5 W. 4, c. 76, or upon any other person acting in his aid,-by stat. 14 & 15 Vict. e. 105, s. 18 (v).

Injuries to officers by persons applying for relief.] By stat. 14 & 15 Vict. c. 105, s. 5, the guardians may, where they think fit, pay to or reimburse any of their officers the expense necessarily incurred in repairing or restoring property belonging to such officer which may have been unlawfully, wilfully, and maliciously damaged, injured, or destroyed by any person applying or having applied for relief, and such costs and expenses incurred in the prosecution of the offender as may not be allowed by the court before which the prosecution or trial shall take place.

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His appointment.] The guardians of every union shall appoint a clerk (w).

His duties.] By stat. 7 & 8 Vict. c. 101, s. 68, it is enacted that notwithstanding any thing contained in stat. 6 & 7 Vict. e. 73, as to attornies, it shall be lawful for any clerk or other officer to any board of guardians, constituted under the said first-recited Act or under any local Act, or to any district board, if duly empowered by such board, to make or resist any application, claim, or complaint, or to take and conduct

(u) Imprisonment with or without hard labour for not more than two years; and the court may fine the offender, and require him to find sureties for keeping the peace, VOL. III.

e

9 G. 4, c. 31, s. 25. See the form
of the indictment, and the evidence,
Arch. New Crim. Law, 287, 288.
(v) See ante, p. 64, note (a).
(w) Ante, pp. 65, 66, art. 153.

any proceedings on behalf of such board before any justice or justices of the peace, at petty or special sessions, or out of sessions, although such clerk or officer be not an attorney or solicitor, or have not obtained a stamped certificate in pursuance of the provisions of the said Act.

And by the consolidated order of the commissioners, 24th July, 1847,

Art. 202. The following also shall be the duties of the clerk:

No. 1. To attend all meetings of the board of guardians, and to keep punctually minutes of the proceedings at every meeting, to enter the said minutes in a book, and to submit the same so entered to the presiding chairman at the succeeding meeting for his signature.

No. 2. To keep, check, and examine all accounts, books of accounts, minutes, books, and other documents, as required of him by the regulations of the commissioners, or relating to the business of the guardians, and from time to time to produce all such books and documents, together with the necessary vouchers, and the bonds of any officers, with any certificates relating thereto, which may be in his custody, to the auditor of the union, at the place of audit and at the time and in such manner as may be required by the regulations of the commissioners.

No. 3. To peruse and conduct the correspondence of the guardians according to their directions, and to preserve the same, as well as all orders of the commissioners, and letters received, together with copies of all letters sent, and all letters, books, papers, and documents belonging to the union, or intrusted to him by the guardians, and to make all necessary copies thereof.

No. 4. To prepare all written contracts and agreements to be entered into by any parties with the guardians, and to see that the same are duly executed, and to prepare all bonds or other securities to be given by any of the officers of the union, and to see that the same are duly executed by such officers and their sureties.

No. 5. To receive all requisitions of guardians for extraordinary meetings, and to summon such meetings accordingly; and to make, sign, and send all notices required to be given to the guardians by this or any other order of the commissioners.

No. 6. To countersign all orders legally made by the guardians on overseers, for the payment of money, and all orders legally drawn by the guardians upon the treasurer.

No. 7. To ascertain, before every ordinary meeting of the board, the balance due to or from the union, in account with the treasurer, and to enter the same in the minute book.

No. 8. At the first meeting of the guardians in each quarter, to lay before the guardians, or some committee appointed by them, the non-settled poor account, and the non-resident poor account, posted in his ledger to the end of the preceding quarter, and to take the directions of the guardians respecting the remittance of cheques or post-office orders to the guardians of any other union or parish, or the transmission of accounts due from other unions or parishes, and requests for payment.

No. 9. Within fourteen days from the close of each quarter, to transmit by post all accounts of relief, administered in the course of the preceding quarter to non-settled poor, to the guardians of the unions and parishes on account of which such relief was given; and to state in every account so transmitted the names and classes of the several paupers to whom the relief in question has been administered.

No. 10. To communicate to the several officers and persons, engaged in the administration of relief within the union, all orders and directions of the commissioners, or of the guardians; and, so far as may be, to give the instructions requisite for the prompt and correct execution of all such orders and directions, and to report to the guardians any neglect or failure therein which may come to his knowledge.

No. 11. To conduct all applications by or on behalf of the guardians to any justice or justices at their special, petty, or general sessions, and, if he be an attorney or solicitor, to perform and execute all legal business connected with the union, or in which the guardians shall be engaged, except prosecutions at the assizes, actions at law, suits in equity, or parliamentary business; without charge for anything beyond disbursements.

No. 12. To prepare and transmit all reports, answers, or returns, as to any question or matter connected with or relating to the administration of the laws for the relief of the poor in the union, or to any other business of the union, which are required by the regulations of the commissioners, or which the commissionners, or any assistant commissioner, may lawfully require from him.

No. 13. To conduct duly and impartially, and in strict conformity with the regulations in force at the time, the annual or any other election of guardians.

No. 14. To observe and execute all lawful orders and directions of the guardians applicable to his office.

And by the consolidated order, 24th July, 1847, already mentioned, Art. 219, no clerk shall directly or indirectly cause to be paid to himself, or shall pay away on his own account, or for his own benefit, any cheque drawn by the guardians, and made payable to any person other than himself.

And by Art. 220, every clerk receiving any cheque or money from the guardians on account of any other party, shall transmit the same within fourteen days to the proper persons, and shall produce the receipt or acknowledgment for the same at the next ordinary meeting after the same has come to his hands.

What books he shall keep.] By order 17th March, 1847, Art. 13, the clerk to the board of guardians shall enter in the minute book of the guardians, a statement of the books and accounts examined by him, and of all orders drawn on the treasurer, and monies paid or received, and all minutes relating to the allocation or division of charges, or any other pecuniary transaction of the board of guardians on behalf of the union, or of any parish therein; and shall insert marginal notes of reference to the folios of the respective ledgers in which the items relating to any such orders, payments, receipts, or other transactions are entered.

Art. 14. The clerk shall punctually enter, and accurately keep, the books of account, according to the forms and directions in the schedule B. hereunto annexed::

1. A General Ledger, in the form numbered 11, in which items of the various transactions of receipt or payment of monies by the guardians, on behalf of the union, or any parish therein contained, in the minute book, shall be entered and posted up under the following heads of account, and such additional heads as may be or may from time to time become necessary;-in-maintenance ;-out relief;-non-resident poor account;-relief by way of loan ;-lunatic asylum account;extra medical fees;-emigration expenses;-emigration loan account;-vaccination fees ;-registration fees ;-county rate; -common charges;-building account;-workhouse loan account;-provisions account;-clothing account ;-parish property account;-invoice account, or (if the board of guardians so direct) tradesmen's accounts;-non-settled poor account; -treasurer's account;-general balance-with the respective ⚫ dates of such transactions, and references to the folios of the minute book, in which the entries relating to such transactions are contained, and to the folios of the corresponding credits and debits respectively.

He shall keep an account in such ledger, or in a separate ledger, to be called The Parochial Ledger, with every parish in the union, in the form numbered 12, and containing the particulars set forth therein.

He shall keep another account in such ledger, or in a separate ledger, to be called The Non-Settled Poor Ledger, with every other union and parish chargeable with relief to nonsettled poor; and every such account shall be debited with the

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