Overseers empowered in

certain Cases, to give Relief by way of Loan only.

Proceedings
for Repayment

of Loan.

Pensions, &c.

for Service in the Navy,

Army, &c. may be assigned in certain Cases

for the Indemnity of Parishes.

And Churchwardens, &c. may advance weekly Allow

ance.

be in the Cuftody of any Conftable or other Peace Officer, by virtue of any Warrant of Commitment, touching the Place of his or her last legal Settlement; and fuch Examination fhall be figned by fuch Juftice taking the fame, and fhall be received and admitted in Evidence as to fuch Settlement before any Juftices, for the purpofe of any Order of Removal, fo long only as the Person so examined fhall continue a Prisoner.

• XXIX. And Whereas it is expedient to difcourage that Reliance upon the Poor's Rates which frequently induces Artifans, Labourers and others, to fquander away Earnings which would with fuitable Care have afforded fufficient means for the Support of their Families;' Be it further enacted, That whenever it fhall appear to the Juftices, or to the General or Select Veftry, or to fuch Guardians, Governors or Directors as aforefaid, or to the Overseers of the Poor, to whom Application fhall be made for Relief for any poor Perfon, that he might, but for his Extravagance, Neglect or wilful Mifconduct, have been able to maintain himself, or to fupport his Family (as the cafe may be), it fhall be lawful for the Overfeers of the Poor (by the Direction of the Juftices, or of the General or Select Veftry, or of fuch Guardians, Governors or Directors, where Application fhall have been made to them refpectively) to advance Money weekly or otherwife, as may be requifite, to the Perfon fo applying, by way of Loan only, and to take his Receipt for, and Engagement to repay every Sum to be fo advanced (for which no Stamp Duty fhall be required); and it shall be lawful for any Two Juftices, upon the Application (within One Year after any fuch Loan or Loans) of One or more of the Overseers of the Poor for the time being of the Parish, to fummon the Perfon to whom any Money shall have been fo advanced; and if upon Examination by fuch. Juftices into his Circumftances, it fhall appear to them that fuch Perfon is able, by weekly Inftalments or otherwife, to repay the Whole or any Part of the Money fo advanced to him, and for which he fhall have given any fuch Receipt and Engagement, it fhall be lawful for fuch Juftices to make an Order under their Hands and Seals for the Repayment of the Whole or of any Part of fuch Money, at fuch time and times, and in fuch Proportions and Manner as they fhall fee fit; and upon every Default of Payment, by their Warrant to commit fuch Perfon to the Common Gaol or Houfe of Correction for any time not exceeding Three Calendar Months, unless the Sum and Sums which fhall be due and payable by virtue of fuch Order shall be sooner paid.

XXX. And be it further enacted, That when any Perfon entitled to or in Receipt of any Penfion, Superannuation or other Allowance, in refpect of his Service in the Navy, Royal Marines, Army or Ordnance, fhall apply to any Parish for Relief for himself, or for his Wife or Family, it fhall be lawful for the Churchwardens and Overfeers of the Poor to require the Penfioner or other Perfon applying for Relief, before the fame fhall be granted, to affign to them the next Quarterly or other Payment or Allowance which fhall become payable to him, to the intent that they may receive the fame, and retain for the Ufe of the Parish fo much thereof as fhall have been by them advanced for the Relief of fuch Penfioner, or other Person, or of his Wife or Family refiding with him in fuch Parish; and it shall also be lawful for the Churchwardens and Overfeers of the Poor of any Parish, at the Request of any Person who shall be entitled to or in the Receipt

of

of any fuch Penfion, Superannuation, or other Allowance, to advance for his Support, or the Support of his Family, any weekly Sum not exceeding the Rate of his Penfion or Allowance, to be repaid by and out of the next Quarterly or other Payment of such Penfion or Allowance, and to take an Affignment thereof by way of Security for the Money fo to be advanced, any thing in any Act or Acts to the contrary notwithstanding; and every Affignment to be made of any such Penfion, Superannuation or Allowance, for the Purposes of this Act, fhall be exempt from Stamp Duty, and shall be in the Form, or to the Effect following; that is to say,

1[naming the Penfioner or other Applicant, and ftating fuch Parti- Form of culars as fhall be requifite] do hereby affign to the Churchwardens Assignment. ' and Overseers of the Poor of the Parish of

'the next Payment of the Penfion, at the Rate of

⚫ me as

per Diem, [or, as the cafe may be] granted to
and payable from

⚫ in order to fecure to the faid Parish of

'the Repayment of the Sum of

advanced to me [or, of the weekly Sum of

ordered or agreed to be advanced to me,

the cafe may be] by fuch Churchwardens and Overseers.

Signed by the above named

before me, One of His Majesty's Juftices
of the Peace for

⚫ this

Day of

Such Assignment, attested

by Justice, transmitted by

*

And every fuch Affignment, attefted by One of His Majefty's Juftices of the Peace, of any Quarterly or other Payment payable by the Commiffioners for the Affairs of the Royal Hofpitals at Chelsea or Greenwich, or by the Paymafter of the Royal Marines, or the Trea- Churchwarden, furer of the Board of Ordnance respectively, and made as aforefaid &c. to Payto the Churchwardens and Overseers of the Poor of any Parish, shall master Genebe tranfmitted by fuch Churchwarden or Overseer, at leaft One Month ral, &c. before fuch Payment shall become due, under Cover, addressed to the Paymafter General of His Majefty's Forces, with the Words " Chelsea Penfioner" written thereon, or to the Paymaster of Penfions at Greenwich Hofpital, with the Words" Greenwich Pensioner" written thereon, or to the Paymafter of the Royal Marines, with the Words "Royal Marines Penfioner" written thereon, or to the Secretary to the Board of Ordnance, with the Words "Ordnance Penfioner" written thereon; who fhall thereupon refpectively caufe the faid Pay- Pension asment to be made to the Churchwardens or Overfeers of the Poor of signed to be the Parish for whofe Security the Affignment fhall have been made, in the fame manner as the faid Payment would have been made to the Perfon affigning the fame if no fuch Affignment had been made; and fuch Churchwardens and Overseers, or any One or more of them, are and is hereby authorised to receive the fame, and to retain thereout for the Ufe of the Parish so much as fhall have been advanced and paid on Security thereof, and forthwith to pay the Refidue (if any there shall be) to the Penfioner or Perfon by whom fuch Affignment fhall have been made; and if any Question fhall arife between the Penfioner or Perfon making any fuch Affignment and the Churchwardens and Overseers of the Poor of any Parish, touching the Amount which shall be due and payable to them by virtue of any

D 3

fuch

paid to Church

wardens, &c. for Use of

Parish, &c.

Assignment void by Death of Pensioner before Day of Payment.

Two Justices

may order Payment to Over

seers of Pensions, &c. of Persons leaving their Families chargeable.

ter General,

fuch Affignment, the fame fhall be determined in a summary Way by One of His Majefty's Juftices of the Peace, and his Order and Determination therein fhall be final and conclufive: Provided that no fuch Affignment fhall entitle the Churchwardens and Overseers to whom the fame fhall be made, to receive the Penfion or Allowance purporting to be thereby affigned, if the Party affigning the fame fhall die before the time when fuch Penfion or other Allowance would have become payable to him if no fuch Affignment thereof had been made.

XXXI. And be it further enacted, That when any Penfioner, or other Perfon entitled to or in receipt of any fuch Penfion or other Allowance as aforefaid, shall leave his Wife or Family chargeable, or fuffer them to become chargeable to any Parish, it shall be lawful for Two or more Juftices, upon Complaint thereof to them made by any one or more of the Churchwardens and Overfeers of the Poor of fuch Parish, and verified on Oath, by Order under their Hands and Seals to direct that the next Payment which shall become due of fuch Penfion or other Allowance fhall be made to the Churchwardens and Overfeers of the Poor of the Parish to which fuch Wife or Family shall have become chargeable; and any One or more of fuch Churchwardens and Överfeers of the Poor shall tranfmit fuch Order to the aforefaid Commiffioners for the Affairs of the Royal Hofpitals at Chelsea or Greenwich, or the Secretary of the Board of Ordnance respectively, in like manner as any Affignment is hereinbefore directed to be tranfmitted to the Paymaster General of His Majefty's Forces, and the Paymaster of Penfions at Greenwich, the Paymaster of the Royal Marines, and the And Paymas Secretary of the Board of Ordnance, as the cafe may be; which faid Paymaster General, or Paymafter of Penfions at Greenwich, or the Treasurer of the Board of Ordnance, fhall thereupon, and upon fufficient Proof being given that the Perfon whose Penfion or other Allowance shall be directed to be paid shall have been living when the fame shall become payable, and would have been entitled to receive the fame if no fuch Order had been made, cause the said Payment to be made to the Churchwardens and Overfeers of the Poor of the Parish for whofe Security fuch Order shall have been made; and the Churchwardens and Overseers of the Poor receiving any fuch Penfion or other Allowance by virtue of any fuch Order, fhall retain and apply the fame, or fo much thereof as shall have been actually expended for the purposes aforefaid, for the Ufe and Indemnity of the Parish, and fhall pay the Overplus (if any there fhall be) to the Penfioner or Perfon entitled thereto; and upon the Receipt of any fuch Order as aforefaid, by which the Penfion, or other Allowance to be mentioned therein, shall be directed to be paid to fuch Churchwardens and Overseers as aforefaid, the Payment thereof fhall be fufpended, until fufficient Proof fhall have been given to entitle the Churchwardens and Overfeers of the Poor of the Parish, in fuch Order named, to receive the Money thereby directed to be paid to them.

&c. to make

auch Payment accordingly.

How Church wardens, &c. to apply the

same.

XXXII. And Whereas in many Inftances the Wives and Families of Seamen employed in the Merchants' Service become chargeable to Parishes, while their Hufbands and Fathers are abfent on fuch Service, and it is expedient to provide for the Indemnity of fuch Parishes by and out of the Wages of fuch Seamen ;' Be it therefore further enacted, That where the Wife or Family of any Seaman emempowered to ployed in any Voyage or Trip (not being His Majefty's Service)

Two Justices

fhall,

of Parishes.

Payments to

Churchwardens, &c. accordingly.

fhall, during his Abfence on fuch Employment, become chargeable order Payment to any Parish, it fhall be lawful for two Juftices, upon Complaint of Wages of Seaman, whose thereof to them made by any One or more of the Churchwardens and Family during Overfeers of the Poor of fuch Parish, and verified on Oath, by his Absence Order under their Hands and Seals to direct the acting Owner or has become Owners, Ship's Hufband or Agent of the Ship or Veffel in which fuch chargeable, for Seaman fhall be employed, to pay out of the Wages which fhall be the Indemnity come due to fuch Seaman, unto the Churchwardens and Overseers of the Poor of the Parish to which his Wife or Family fhall have become chargeable, so much as fhall have been by fuch Parish neceffarily expended for their Maintenance or Relief, (the Amount, in case of any Difpute, to be ascertained by Two Juftices, whofe Determination thereon fhall be final); and upon the Production of any fuch Order, And the Owthe Owner, Ship's Husband or Agent, by whom the Wages of the ner, &c. to Seaman therein to be named fhall be payable, fhall pay to fuch One make such or more of the Churchwardens and Overfeers of the Poor of the Parish for whose Indemnity fuch Order fhall have been made, as shall demand the fame, the Sum and Sums to be therein specified and directed to be paid, or fo much thereof as the Wages then due fhall amount unto; and the Payment to and Receipt of any fuch Churchwarden or Overfeer, fhall be a good Difcharge for fo much of fuch Wages as fhall be paid to them or him by virtue of any fuch Order; and if any fuch Owner, Ship's Hufband or Agent, fhall refufe or And upon neglect to pay to the Churchwarden or Overfeer producing any fuch Refusal, ProOrder, the Money thereby directed to be paid, or fo much thereof ceedings may as fhall be actually due for the Wages of the Seaman to be therein be had against named, the fame may be levied and recovered, and the Payment thereof owner, &c. as enforced, against the Owner or Owners, Ship's Hufband or Agent, Poor's Rates. by whom the fame fhall be payable, in fuch and the like manner as Poor's Rates in Arrear may be levied and recovered, and the Payment thereof enforced, against the Parties and Perfons chargeable and charged therewith: Provided always, that nothing herein contained Proviso. fhall authorife or compel the Payment of any Sum or Sums of Money by fuch acting Owner or Owners, Ship's Hufband or Agent, until the Voyage in which the Vefiel fhall be fo engaged fhall be completed, nor beyond the Sum that shall be then actually due to fuch Seaman, by fuch acting Owner or Owners, Ship's Husband or Agent, as Wages or otherwise.

in the Case of

XXXIII. And Whereas poor Perfons, born in Scotland and Ireland, and in the Ifles of Man, Jerfey and Guernsey, frequently become chargeable to Parishes in England, and no Provifion is made for the Removal of any fuch poor Perfon, unless he or she fhall have committed fome Act of Vagrancy, and fhall be adjudged to be a Rogue and Vagabond; and no Person so adjudged can be lawfully removed without having been firft publicly whipped or imprisoned in the Houfe of Correction: And Whereas it is expedient to authorise the Removal of fuch poor Perfons, although they may not have Power to Two 'committed any Act of Vagrancy, and to authorife Juftices of the Justices to rePeace to caufe fuch of them as may be adjudged to be Rogues and move chargeVagabonds, to be conveyed by a Pafs, without having been firft able Poor born whipped or imprifoned; Be it therefore further enacted, That it fhall be lawful for Two Juftices of the Peace, and they are hereby required, upon the Complaint of the Churchwardens and Overfeers of the Poor of any Parish, that any Perfon born in Scotland or in Ire

D 4

in Scotland, Ireland, &e. although they mitted any Act land, of Vagrancy.

have not com

17 G. 2. c. 5. §7-14.

Scotch and Irish Vagrants may be removed without

being whipped or imprisoned.

Justices to act within their respective

Jurisdictions.

Provisions

relating to Parishes ap

land, or in either of the Ifles of Man, Jerfey and Guernsey, hath become chargeable to fuch Parish, by himself or herself, or his or her Family, to caufe fuch Perfon to be brought before them, and to examine fuch Perfon, and any other Witnefs or Witneffes, on Oath, touching the Place of the Birth or laft legal Settlement of every fuch Perfon, and to inquire whether he or the, or any of his or her Children, hath or have gained any Settlement in that Part of the United Kingdom called England; and if it fhall be found by fuch Juftices, that the Perfon fo brought before them was born in Scotland or Ireland, or in either of the Iles of Man, Jerfey and Guernsey, and hath not gained any Settlement in England, and that he or the hath actually become chargeable to the complaining Parifh, by himself or herself, or his or her Family, then fuch Juttices fhall and they are hereby empowered, by a Pafs under their Hands and Seals, in the Form or to the Effect prefcribed by the Act paffed in the Seventeenth Year of the Reign of His late Majefty King George the Second, to amend the Laws relating to Rogues and Vagabonds (mutatis mutandis), to cause such poor Perfon, his Wife, and fuch of his or her Children fo chargeable as fhall not have gained a Settlement in England, to be removed to the Place of his or her Birth or laft legal Settlement, in the manner by the faid Act directed for the Removal of Rogues and Vagabonds to Scotland and Ireland, and the Ifles of Man, Jersey and Guernsey; and all Conftables and other Officers, and all Masters of Veffels, are hereby required to convey every Perfon fo to be paffed in the manner by the faid Act directed for the Conveyance of Rogues and Vagabonds.

for

any

XXXIV. And it is hereby further enacted, That it shall be lawful Juftice of the Peace, who fhall adjudge any Perfon born in Scotland or in Ireland, or in any of the Iles of Man, Jersey and Guernsey, (and not having gained a Settlement in England,) to be a Rogue and Vagabond, in his Difcretion and according to the Circumstances of the Cafe, either to order him to be whipped, or him or her to be imprisoned in the Houfe of Correction, as by the Laws in being are directed, before he or she shall be removed, or to caufe fuch Rogue and Vagabond to be removed without having been fo whipped or imprifoned.

XXXV. And be it further enacted, That all Powers and Authorities by this A&t given to and vefted in Juftices of the Peace, fhall be exercised and executed by fuch Juftices within the Limits of their refpective Commiffions and Jurifdictions, and not elsewhere; and that all Provifions, Clauses, Authorities and Directions in this Act contained, in relation to Parishes, fhall extend and be conftrued to extend to all Townfhips, Vills and Places having separate Overseers of the Poor, and maintaining their Poor feparately; and that all Acts and Duties required or authorised by this Act to be done and executed by Churchwardens and Overfeers of the Poor, may in every Majority to act. Parish be performed, exercised and executed by the major Part of the

plied to Townships, &c.

Powers given to Vestries applied to Meetings of

Townships, &c.

Churchwardens and Overfeers of the Poor thereof; and that in Townships, Vills and Places which have no Churchwarden, the fame may be performed, exercised and executed by the Overseers of the Poor thereof, or the major Part of them; and that all the Powers, Provifions and Claufes in this A&t contained, which relate to Veftries, or to the Inhabitants of any Parish in Veftry affembled, shall be conftrued to extend to all Meetings of the Inhabitants of Town

any