1

cannot, during his lifetime, obtain a settlement by residence, though living apart from him. Children under fourteen years of age, and those above that age, who from infirmity are unable to work for their livelihood, and must depend on their parents, and persons whose situation entitled them to parochial relief, though they might not have applied for it, were not entitled to obtain settlements by residence.2 A settlement once obtained is, unless under the above exception in the late act, not lost until another is substituted for it, and so a person who has resided for the statutory period in a Scottish parish, will not lose his settlement by residing in England, unless he have obtained a legal settlement there, in terms of 4th and 5th Wm. IV. c. 76.3 The right to acquire a settlement by residence is not confined to natives of Scotland. The settlement of children who cannot, as above explained, obtain one by residence, is in the case of legitimate children that of the father; of illegitimate, that of the mother. Where the mother of an illegitimate child had never obtained a settlement, the settlement that had been obtained by her father was found to be legally that of her child. Where no other settlement has been acquired, the claim of the pauper falls on the parish where he was born.7

Where an application for relief is made to an inspector, or to an officer who has the inspector's duties to perform, he must return an answer within twenty-four hours. The applicant is bound to give the officer all information for the proper ascertainment of his settlement, and to answer all inquiries regarding his case. He, is "bound to answer upon oath if required, all such questions as may be put to him before any justice of the peace or magistrate," being liable to a prosecution for perjury in the case of falsehood. 8

When an application is made, if the party be in a state which gives him a title to relief, the question of settlement is not considered. The inspector must, in the first place, give immediate relief until the meeting of the parochial board; and, if the pauper belong to another settlement, the relief must be continued by the board until the proper settlement be ascertained. In the case of the inspector giving immediate relief, he is entitled to delay his answer to the general application. The board affording immediate relief

D. P. L. 375.-2 Ibid.-3 See Brown v. Kirk-session of Mordington, 4th March 1806, M. Poor Ap. No. 4.- Higgins v. Barony Parish, 9th July 1824.5 D. P. L. 383.-6 Kirk-session, &c. of Lasswade v. Newlands, 6th March 1844.-7 1672, c. 18.—8 8 & 9 Vict. c. 83, § 70.

have recourse against the pauper's proper settlement, or against relations bound to aliment him. Notice must be sent to the parish from which recourse is to be claimed, and there is no recourse for relief unless it be granted after the notice. When the parish of settlement (if in Scotland) does not remove the pauper within a reasonable time after notice, the relieving parish may remove him, unless his state of health render him unfit to be removed, and the removal, or necessary continuance of relief, is a charge on the parish of settlement, the relieving parish not being entitled to receive more than the rate expended on its own poor.2

66

Judicial Recourse.-A person refused relief may apply to the sheriff, who, if he thinks the party entitled to relief, may make an order on the inspector to give interim relief until he give in a statement why relief was refused. The sheriff appoints the statement to be answered, and may nominate an agent for the pauper. The interim allowance may be continued until the question is decided on its merits, provided always, that nothing herein contained shall be construed to enable the said sheriff to determine on the adequacy of the relief which may be afforded, or to interfere in respect to the amount of relief to be given in any individual case."3 When the amount of relief is considered inadequate, the pauper may lodge a complaint with the board of supervision, who are to investigate the matter without delay, and may by a minute declare their opinion that the applicant has just cause of action. A certified copy of the minute entitles the party to the benefit of the poor's roll in the Court of Session. The board of supervision may award to the party interim aliment during the litigation.4

It is declared incompetent for any court of law to entertain an action relative to the amount of relief, unless the board of supervision has previously declared that there is a just cause of action.5

Medicine. It is declared to be among the objects to which the funds raised for the relief of the poor are to be applied"To provide for medicines, medical attendance, nutritious diet, cordials, and clothing," for the poor, when such things are required."

Education.-Another object to which the funds are applicable is declared in general terms to be "for the educa

18 & 9 Vict. c. 83, § 71.- Ibid. § 72.- Ibid. § 73.- Ibid. § 74.5 Ibid. § 75.-6 Ibid. § 69.

tion of poor children, who are themselves or whose parents are objects of parochial relief."1

SECT. 7.-Poor-Houses.

The provisions in the act relating to Poor-houses are declared to be "for more effectually administering to the wants of the aged and other friendless and impotent poor, and also for providing for those poor persons who from weakness or facility of mind, or by reason of dissipated or improvident habits, are unable or unfit to take charge of their own affairs." The parishes or combinations in which poor-houses may be erected are those which by the immediately preceding census contain more than 5000 inhabitants. A poor-house may be established or enlarged by a vote of the parochial board, approved of by the board of supervision. The plan of every poor-house, or enlargement, or alteration, must have the approval of the board of supervision.3

Parishes may unite with the concurrence of the board of supervision for the purpose of building a common poor-house, the expense being met according to the proportions fixed by agreement. After agreeing to an arrangement, no parish can withdraw without the consent of the board of supervision.* For building or enlarging poor-houses money may be borrowed on the security of subsequent assessments, to an extent not exceeding three times the amount raised by assessment during the previous year. Loans must be repaid by annual instalments of not less than a tenth part, exclusive of interest, and no farther loan can be entered on until the whole of any existing loan with interest has been paid up.5

The local boards frame rules and regulations for poorhouses, subject to the approval of the board of supervision. They are to relate to the management, discipline, and treatment, and may contain provisions for inmates being visited by clergymen of their own religious persuasion." Boarders from other parishes may be received in poor-houses, at a rate subject to the approval of the board of supervision.7

The local boards where there are poor-houses are bound to make provision for medical attendance to the inmates, and for the employment of a stipendiary medical officer, and also to make provision for dispensing medicines to the sick

18 & 9 Vict. c. 83, § 69.-2 Ibid. § 60.- Ibid. § 63. Ibid. § 61.5 Ibid. § 62.— Ibid. § 64.-7 Ibid. § 65.

poor generally. Medical officers may be suspended or removed for neglect or incompetency by the board of supervision.1

Parochial boards may make arrangements for subscribing to public hospitals or dispensaries, from which their districts derive benefit.2

CHAPTER VIII.

MISCELLANEOUS LOCAL TAXES.

SECT. 1.-Police and Criminal Prosecutions.

A TAX of long standing called the Rogue money, has been voted and assessed-formerly by the freeholders, of late by the commissioners of supply, "for defraying the charges of apprehending of criminals, and of subsisting them in prisons until prosecution, and of prosecuting such prisoners for their several offences by due course of laws."3

Previously to the Rural Police Act noticed below, the rogue money was generally assessed on the valued rent. The expenses of prosecutions before justices of peace, and other miscellaneous charges connected with criminal proceedings, fall on this fund. It is stated in the Eighth Report of the Commission on the Courts of Law in Scotland (1821)

"With respect to the rogue money, which is raised by voluntary assessment in each county, the practice of the several counties is by no means uniform. In some there is little or no fund of this description levied; and in other cases where the county is so assessed the fund is not applied to defray the expenses of the precognitions taken and trials held before the justices, or the portion allotted for these purposes proves inadequate. To remedy this defect, endeavours have, in various instances, been made by the clerks and procurators fiscal to obtain payment by application to the Barons of Exchequer. But on examination of the Lord Treasurer's Remembrancer in Exchequer, through whose office such applications are presented, we find that he has no authority to receive the claims, or issue any sum on this account; and

18 & 9 Vict. c. 83, § 66.- Ibid. § 67.-32 Geo. II. c. 28. 2 & 3 Wm. IV. c. 65, § 44.

that the rules by which he is alone empowered to make any payments for purposes of this nature are exclusively applicable to the clerks and fiscals of the sheriff courts."

By the rural police act, the commissioners of supply may either levy the additional funds for carrying on that establishment in the method of the old rogue money, or levy both taxes in the manner appointed by statute for levying the prison assessment in landward parts of counties. The rural police assessment is not to extend to royal burghs, or to towns having their own police establishments. Disputes regarding the tax are summarily decided by the sheriff.

In some counties there are local acts, in virtue of which assessments are raised for the maintenance of court rooms and other matters connected with the administration of justice. Some of the large towns have separate local police acts, in which sums are assessed for every description of police purpose, while in other towns there are assessments under the powers of the general police act, to be noticed farther on.

SECT. 2.-Prisons' Tax.

By the prison discipline act, provision is made for the building of a central prison or penitentiary at Perth, for the current expenses of this penitentiary, for the building of local prisons in the counties and burghs, and for the current expenses of local prisons. Of the sum to be levied for the construction of a general prison, the greater part has already been collected and expended. It was appointed to be levied in instalments not exceeding £2000 or by the later act £1200 yearly, and the General Board of Prisons were appointed to divide its incidence over the several counties, according to a combined estimate, which may be altered from time to time, of the respective amounts of population and of crime in each. This adjustment was made the measure of the liabilities of the several counties for the expense of building and repairing the local prisons, no county being liable for more than it would have to contribute if £10,000 were levied over the whole country, in the same manner as the instalments levied for the building of the general prison, power being given to the commissioners of supply and the magistrates of burghs to consent to an increased proportion in any county. The counties have to meet each its proportion of the general expense of the central prison, according to the

12 & 3 Vict. c. 65.- 2 & 3 Vict. c. 42, §§ 35, 36. 7 & 8 Vict. c. 34, SS 21, 31.