continuously for at least One Year: Provided always, that nothing herein contained shall be held to affect those Persons who, previous to the passing of this Act, shall have acquired a Settlement by virtue of a Residence of Three Years, and shall have become proper Objects of Parochial Relief. LXXVII. And be it enacted, That if any poor Person born in Removal of England, Ireland, or the Isle of Man, and not having acquired a English and Settlement in any Parish or Combination in Scotland, shall be in Irish Paupers. the course of receiving Parochial Relief in any Parish or Combination in Scotland, then and in such Case it shall be lawful for the Sheriff or any Two Justices of the Peace of the County in which such Parish or any Portion thereof is situate, and they are hereby authorized and required, upon Complaint made by the Inspector of the Poor, or other Officer appointed by the Parochial Board of such Parish or Combination, that such poor Person has become chargeable to such Parish or Combination by himself or his Family, to cause such Person to be brought before them, and to examine such Person or any Witness, on Oath, touching the Place of the Birth or last legal Settlement of such Person, and to take such other Evidence or other Measures as may by them be deemed necessary for ascertaining whether he has gained any Settlement in Scotland; and if it shall be found by such Sheriff or Justices that the Person so brought before them was born either in England or Ireland or the Isle of Man, and has not gained any Settlement in Scotland, and has actually become chargeable to the complaining Parish or Combination by himself or his Family, then such Sheriff or Justices shall and they are hereby empowered, by an Order of Removal, under their Hands, which Order may be drawn up in the Form of the Schedule (A.) hereunto annexed, to cause 'such poor Person, his Wife, and such of his Children as may not have gained a Settlement in Scotland, to be removed by Sea or Land, by and at the Expence of the complaining Parish, to England or Ireland or the Isle of Man respectively, according as such poor Person shall belong to England, Ireland, or the Isle of Man : Provided always, that no Person shall be so removed until there has been obtained a Certificate, on Soul and Conscience, by a regular medical Practitioner, setting forth that the Health of such Person, his Wife and Children as aforesaid, is such as to admit of such Removal: Provided also, that nothing herein contained shall prevent any Parochial Board or their Inspector from making Arrangements for the due and proper Removal of such poor Persons either by Land or Water, provided the Arrangement be made with the Consent of such poor Persons themselves. LXXVIII. And be it enacted, That every Officer, Constable, or other Person to whom any such Order of Removal shall be delivered for the Purpose of being carried into execution shall and may by virtue thereof detain and hold in safe Custody every poor Person mentioned in any such Order until such poor Person shall have arrived at the Place to which he is ordered to be removed, and shall and may for that Purpose, in every County and Place through which he shall pass in the due Execution of such Order, have and exercise the Powers with which a Constable is by Law invested, notwithstanding such Person may not other Removing Powers of a Persons again becoming chargeable to be punished. 1579, c. 74. Punishment for fusal to main Children. wise be empowered to act as a Constable for the County or Place respectively through which he may have Occasion to pass in carrying such Order into execution, and although such Order may not have been granted or backed by any Judge or Magistrate of such County or Place. LXXIX. And be it enacted, That if any Person who has been removed to England or Ireland or the Isle of Man from any Parish or Combination in Scotland, under any Order of Removal, shall afterwards return to Scotland and apply for Relief, or again become chargeable by himself or his Family to the same Parish or Combination without having obtained a Settlement therein, such Person shall be deemed to be a Vagabond under the Provisions of an Act of the Scottish Parliament passed in the Year One thousand five hundred and seventy-nine, intituled An Act for Punishment of strang and idle Beggars, and Reliefe of the pure and impotent, and may be apprehended and prosecuted criminally before the Sheriff of the County in which such Parish or any Portion thereof is situate, at the Instance of the Inspec tor of the Poor of the Parish to which he shall have so applied for Relief or become chargeable, and shall upon Conviction be punishable by Imprisonment, with or without hard Labour, for such a Period as the said Sheriff shall think proper, not exceeding Two Months. LXXX. And be it enacted, That every Husband or Father who shall desert or neglect to maintain his Wife or Children, being Wives, and Re- able so to do, and every Mother and every putative Father of an tain illegitimate illegitimate Child, after the Paternity has been admitted or otherwise established, who shall refuse or neglect to maintain such Child, being able so to do, whereby such Wife or Children or Child shall become chargeable to any Parish or Combination, shall be deemed to be a Vagabond under the Provisions of the aforesaid Act of the Scottish Parliament passed in the Year One thousand five hundred and seventy-nine, and may be prosecuted criminally before the Sheriff of the County in which such Parish or Combination or any Portion thereof is situate, at the Instance of the Inspector of the Poor of such Parish or Combination, and shall upon Conviction be punishable by Fine or Imprisonment, with or without hard Labour, at the Discretion of the said Sheriff. 1579, c. 74. Penalties how LXXXI. And be it enacted, That every Penalty or Forfeiture to be recovered. imposed by this Act, the Recovery of which is not otherwise provided for, may be recovered by summary Proceeding upon Complaint in Writing made in the Name of the Secretary Board of Supervision, or of any Agent to be appointed by a Minute of the said Board, to the Sheriff of the County in which the Offence shall have been committed, or to the Sheriff of any County in which the Offender may be found; and on such Complaint being made such Sheriff shall issue a Warrant for bringing the Party complained against before him, or shall issue an Order requiring the Party complained against to appear on a Day and at a Time and Place to be named in such Order; and every such Order shall be served on the Party offending either in Person or by leaving with some Inmate at his usual Place of Abode a Copy of such Örder, and of the Complaint whereupon the same has proceeded; and either upon the Appearance or upon the Default to to appear of the Party offending it shall be lawful for the Sheriff to proceed to the hearing of the Complaint, and upon Proof of the Offence, either by the Confession of the Party complained against or other legal Evidence, and without any written Pleadings or Record of Evidence, to convict the Offender, and upon such Conviction to decern and adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Expences as the Sheriff shall think fit, and to grant Warrant for imprisoning the Offender until such Penalty or Forfeiture and Expences shall be paid: Provided always, that such Warrant shall specify the Amount of such Penalty or Forfeiture and Expences, and shall also specify a Period at the Expiration of which the Party shall be discharged, notwithstanding such Penalty or Forfeiture or Expences shall not have been paid, and shall in no Case exceed Three Calendar Months. LXXXII. And be it enacted, That the Sheriff by whom any Application of Penalty or Forfeiture shall be imposed by virtue of this Act, the Penalties. Application whereof is not herein otherwise provided for, shall award such Penalty or Forfeiture to the Poor of the Parish or Combination in which the Offence shall have been committed, and shall order the same to be paid over to the Inspector of the Poor or other Officer for that Purpose; provided that no Person To be proseshall be liable to the Payment of any Penalty or Forfeiture cuted for within imposed by virtue of this Act unless such Penalty or Forfeiture Six Months. shall have been prosecuted for within Six Months after the Commission of the Offence for which it has been incurred. LXXXIII. And be it enacted, That no Inhabitant or other Rate-payers Person liable to be assessed for the Relief of the Poor in any competent Parish shall be deemed an incompetent Witness in any Proceeding Witnesses. for the Recovery of any Penalty or Forfeiture inflicted or imposed for any Offence against this Act, notwithstanding such Penalty, when recovered, shall be applicable as aforesaid. LXXXIV. And be it enacted, That if any Person who shall Penalty on be summoned as a Witness to give Evidence before any Sheriff Witnesses in any Matter in which such Sheriff shall have Jurisdiction under making default. the Provisions of this Act shall, without reasonable Excuse, refuse or neglect to appear at the Time and Place appointed for that Purpose, or appearing shall refuse to be examined upon Oath or to give Evidence before such Sheriff, every such Person shall forfeit a Sum not exceeding Five Pounds for every such Offence, over and above any other Punishment to which such Person may by Law be liable for every such Refusal. LXXXV. And be it enacted, That no Proceeding for the Reco- Informalities. very of Penalties or Forfeitures in pursuance of this Act shall be set aside for Want of Form, or on the Ground of no Record having been made, nor shall the same be removed by Suspension, Advocation, Appeal, or otherwise into or be in any Manner subject to Review or Reduction by any Superior Court. LXXXVI. And be it enacted, That all Actions on account of Limitation of any thing done in the Execution of this Act shall be brought Actions. before the Sheriff Court, and every such Action shall be commenced within Three Calendar Months after the Fact committed, and Notice in Writing of such Action, and of the Cause thereof, shall be given to the Defender One Calendar Month at least before the Tenders of Provision for Refusal or Neglect of Parochial Boards. Assessments for the Poor may be recovered summarily as Land and Assessed Taxes. Parochial Board sessment re maining due. Notices how to be given. the Commencement of the Action; and no Pursuer shall recover in any Action for Irregularity or wrongful Proceedings if Tender of sufficient Amends shall be made by or on behalf of the Party who shall have committed or caused to be committed any such Irregularity or wrongful Proceedings before such Action shall have been brought, or if during the Dependence of such Action a Tender shall be made of sufficient Amends, and of all Charges and Expences which the Pursuer may already at the Time of such Tender being made have incurred in prosecuting such Action. LXXXVII. And be it enacted, That in case any Parochial Board shall refuse or neglect to do what is herein or otherwise by Law required of them, or in case any Obstruction shall arise in the Execution of this Act, it shall be lawful for the said Board of Supervision to apply by summary Petition to the Court of Session, or during the Vacation of the said Court, to the Lord Ordinary on the Bills, which Court and Lord Ordinary are hereby authorized and directed in such Case to do therein as to such Court or Lord Ordinary shall seem just and necessary. LXXXVIII. And be it enacted, That the whole Powers and Right of issuing summary Warrants and Proceedings, and all Remedies and Provision senacted for collecting, levying, and reco vering the Land and Assessed Taxes, or either of them, and other public Taxes, shall be held to be applicable to Assessments imposed for the Relief of the Poor, and the Sheriff's, Magistrates, Justices of the Peace, and other Judges may grant the like Warrants for the Recovery of all such Assessments in the same Form and under the same Penalties as is provided in regard to such Land and Assessed Taxes and other public Taxes: Provided always, that it shall nevertheless be competent to prosecute for and recover such Assessments by Action in the Sheriff's Small Debt Court; and all Assessments for the Relief of the Poor shall, in case of Bankruptcy or Insolvency, be paid out of the first Proceeds of the Estate, and shall be preferable to all other Debts of a private Nature due by the Parties assessed. LXXXIX. And be it enacted, That if the Parochial Board of any Parish or Combination shall find it necessary in any Year or Half Year to make Disbursements for the Relief of the Poor beyond the Amount received of the Assessment applicable to the Expenditure of such Year or Half Year, it shall be competent for such Board to borrow Money on the Security of such Part of the Assessment as is still due and unreceived, but not to an Amount greater than One Half of such Part of such Assessment; and when any Money has been so borrowed as aforesaid on the Security of Assessments, it shall not be competent to borrow on the Security of any future Assessment until the Money borrowed as aforesaid shall have been paid off. XC. And be it enacted, That in all Cases in which by the Provision of this Act Notice or Intimation is required to be given without prescribing the particular Form of the Notice, or the Manner in which the same is to be given, it shall be lawful for the Board of Supervision from Time to Time to fix the Form of such Notice or Intimation, and the Manner in which the same is to be given. XCI. And with this Act. XCI. And be it enacted, That all Laws, Statutes, and Usages Former Acts shall be and the same are hereby repealed, in so far as they are repealed which at variance or inconsistent with the Provisions of this Act; are at variance provided always, that the same shall continue in force in all other respects: Provided also, that nothing herein contained shall be held to affect or repeal an Act passed in the Seventh Year of Her present Majesty, intituled An Act for the Liquidation of 7 & 8 Vict. c. vi. the Debt owing by the Charity Workhouse of the City of Edinburgh, in so far as such Act relates to that Debt, and the Powers thereby conferred for paying off the same. XCII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed during the present Session of Act. Parliament. SCHEDULE to which the foregoing Act refers. SCHEDULE (A.) Order for Removal to England, &c. I A.B., the Sheriff [or We, C.D. and E.F., Two of the Justices of the Peace,] of the County of do hereby order and adjudge G.H., who has become and is now actually chargeable to the Parish of to be removed, with J.H. his Wife and K.L.M. his Children, and conveyed to England, &c., in pursuance of the Provisions of an Act made and passed in the Eighth and Ninth Years of the Reign of Queen Victoria, intituledTitle of this Act]. (Signed) CA P. LXXXIV. An Act to repeal the several Laws relating to the Customs. WHEREAS several Acts were passed in a Session of Par liament holden in the Third and Fourth Years of the Reign of King William the Fourth for consolidating the Laws relating to the Customs and to Navigation: And whereas since 'the passing of those Acts divers Acts for the Amendment of 'them have been found necessary: And whereas it is expedient ' again to consolidate the said Laws, and therefore that all the 'said Acts should be repealed:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act the same shall Commence. come into and be and continue in full Force and Effect for all the ment of Act. Purposes therein mentioned. II. And be it enacted, That the several Acts herein-after men- The following tioned shall be repealed; (that is to say,) an Act passed in the Acts repealed: First Year of King William the Fourth, intituled An Act to 11 G. 4. & subject to Duties of Customs Goods the Property of the Crown in 1 W. 4. c. 45. case of Sale after Importation; also an Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of King William the Fourth, intituled An Act for the Manage- 3&4 W. 4. c. 51. ment of the Customs; also an Act passed in the same Session of Parliament, |