c. 137. Be it therefore enacted, that in case any person or persons, maintained in No. XXX. any public workhouse or workhouses established for the relief, maintenance, 55 Geo. III. and employment of the poor, shall refuse to work at any work, occupation, or employment, suited to his, her, or their age, strength, and capacity, or shall be guilty of drunkenness or other misbehaviour, every such person or persons, being thereof lawfully convicted before any justice or justices of the peace, shall thereupon by such justice or justices of the peace be committed to the common gaol or house of correction, there to remain without bail or mainprize for any period of time not exceeding twenty-one days, and during such time to be kept to hard labour. VI. And be it further enacted, That from and after the twenty-fifth day Persons of March next after the passing of this Act, no churchwarden or overseer having the of the poor, or other person or persons in whose hands the collection of management the rates for the relief of the poor, or the providing for, ordering, manageof the poor, ment, countroul, or direction of the poor of any parish or parishes, town- not to be ship or townships, hamlet or hamlets, place or places, shall or may be concerned in Exceptions in certain cases. placed jointly with or independent.of such churchwardens and overseers, whilst in contracts, &c. or any of them, under or by virtue of any Act or Acts of Parliament, shall, office. either in his own name, or in the name of any other person or persons, provide, furnish, or supply, for his or their own profit, any goods, materials, or provisions, for the use of any workhouse or workhouses, or otherwise, for the support and maintenance of the poor, in any parish or parishes, township or townships, hamlet or hamlets, place or places, for which he or they shall be appointed as such, during the time which he or they shall retain such appointment, nor shall be concerned, directly or indirectly, in furnishing or supplying the same, or in any contract or contracts relating thereto, under pain of forfeiting the sum of one hundred pounds, with full Penalty. costs of suit, to any person or persons who shall sue for the same by action of debt, or on the case, in any of his Majesty's courts of record at Westminster, in which action or actions no essoin, protection, wager of law, or more than one imparlance shall be allowed: Provided nevertheless, that if it shall happen in any parish or parishes, township or townships, hamlet or hamlets, place or places, that a person or persons competent and willing to undertake the supply of any of the articles or things required for such workhouse or workhouses, or for the use of the poor there, cannot be found within a convenient distance therefrom, other than and except some or one of the churchwardens and overseers of the poor, or other person or persons having the ordering, managing, controul or direction of the poor, in such parish or parishes, township or townships, hamlet or hamlets, place or places, then and in every such case it shall and may be lawful to and for any two or more neighbouring justices of the peace (proof thereof having been first duly made before them upon oath, and which oath such justices or any one of them are and is hereby authorized and empowered to administer) by certificate under their hands and seals, to permit and suffer any one or more of such churchwardens and overseers, or other such person or persons as aforesaid, to contract and agree for the furnishing and supplying of any articles or things which may be required for such workhouse or workhouses, or otherwise, for the use of the poor of such parish or parishes, township or townships, hamlet or hamlets, place or places, during the time which he or they may retain such appointment, any thing herein contained to the contrary notwithstanding; and such certificates shall be entered with the clerk of the peace or town clerk of the county, city, town, or district, in which such person or persons shall reside, and a copy thereof left with him, for which entry every such clerk shall receive one shilling and no more; and from that time, every person and persons named in any such certificate shall be discharged from any penalty to which he or they would otherwise be liable under this Act, for furnishing or supplying any such articles or things as aforesaid; and in case any action or suit for the recovery of any such penalty as aforesaid shall be commenced against an person or persons to whom such certificate shall have been granted as aforesaid, it shall and may be lawful to and for such person or persons to plead generally, that he or they was or were duly discharged from any liability to such forfeiture, by a certificate granted No. XXX. 55 Geo. III. c. 137. Notice of according to the provisions of this Act; and upon due proof being given of such certificate, and of such entry thereof as aforesaid, the jury shall find a verdict for the defendant in such action or suit; and if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her, or their action, or if verdict shall pass against him, her, or them, or if judgment shall be had against him, her, or them, on demurrer, then the defendant or defendants in such action shall have double costs, and have such and the like remedy for the recovery of the same as any defendant or defendants hath or have for recovering costs of suit in any other cases by law. VII. And be it further enacted by the authority aforesaid, That from contracts for and after the passing of this Act, when and so often as any contract or supplying contracts shall be made or entered into for the providing, furnishing, or supwork houses to plying any articles, materials or things, for the use of the poor in the workbe given. house or workhouses of or belonging to any parish or parishes, township or townships, hamlet or hamlets, place or places, or for the erecting of any building or buildings, the expence whereof is to be defrayed out of any rate or rates, or other monies applicable to the relief of the poor, the churchwardens and overseers of the poor, or other person or persons having the management, controul, or direction of the poor in such parish or parishes, township or townships, hamlet or hamlets, place or places, shall cause notice of their intention to enter into such contract or contracts, and of the time and place when and where they shall assemble and meet for such purpose, and of the security which will be required for the performance of such contract or contracts, to be affixed in a conspicuous manner on the outer door of the church or respective churches to which such parish or parishes, township or townships, hamlet or hamlets, place or places, shall belong, or to be inserted in one or more of the public newspapers most generally circulated in the neighbourhood, seven days at the least previous to such meeting, in order and to the intent that any person or persons willing to undertake the supplying or furnishing the same, may make proposals for that purpose to such churchwardens and overseers, or other person or persons as aforesaid, at the time and place mentioned in such notice. Form of conviction. VIII. And be it further enacted, That all justices of the peace before whom any person or persons shall be convicted of any offence against this Act, shall and may cause the conviction to be drawn up in the following form, or to the like effect; (that is to say), A. B. is duly convicted before of his Majesty's justices of the peace for the county of in the "[or, city, or, liberty, of Conviction not And that such conviction shall be good and effectual in law to all intents to be set aside and purposes, and shall not be quashed or set aside, or adjudged void or for want of form. Appeal to the quarter sessions. Recognizances to be entered into. Decision to be final. insufficient, for want of any other form of words whatever; nor shall the same be removed by certiorari or any other writ or process whatsoever, into any of his Majesty's courts of record at Westminster; any law, statute, or usage to the contrary thereof notwithstanding. IX. Provided always, and be it further enacted, That if any person or persons shall think himself, herself, or themselves aggrieved by the judgment of such justice or justices as aforesaid, such person or persons may appeal to the next general or quarter sessions of the peace to be held for the county, city, or place wherein the cause of complaint shall have arisen; such person or persons at the time of his, her, or their conviction entering into a recognizance, with two sufficient sureties conditioned personally to appear at the said sessions, to try such appeal, and to abide the further judgment of the justices at such sessions assembled; and the said justices at such general or quarter sessions shall hear and determine the causes and matters of such appeal in a summary way, and make such order therein as the said justices shall think proper; and the determination of such justices at their general No. XXX. or quarter sessions shall be final and conclusive. 55 Geo. III. c. 137. No. XXXI. 56 Geo. III. c. 129. commencement of the reign of Geo. I. repealed. [XXXI.] 56 Geo. III. c. 129.-An Act to repeal certain Provisions in Local Acts for the Maintenance and Management of the Poor.-[1st July 1816.] WHEREAS divers Local Acts of Parliament have lately passed, containing enactments relative to the maintenance and regulation of the poor, varying the general law with respect to particular districts, parishes, townships, or hamlets; and it is expedient that some of such enactments should be repealed; Be it therefore enacted by the King'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 all enactments and provisions, contained Certain in any Act or Acts of Parliament since the commencement of the reign of enactments in his late Majesty King George the First, whereby any poor person or local poor persons, other than such as shall actually apply for and receive parochial Acts, passed relief, are compelled or made compellable to go or remain in any house of since the industry or workhouse; or whereby any poor person or persons may be detained or kept in any house of industry or workhouse, at the discretion of the governors or directors thereof, or of the churchwardens or overseers of the poor of any district, parish, township or hamlet, after such persons are capable of maintaining themselves; or whereby any poor person or persons may be compelled to remain in any house of industry or workhouse, until the charges and expences to which any district, parish, township or hamlet may have been put or become liable or chargeable for the maintenance or support of such poor person or persons, or any of his or her family, shall be repaid or reimbursed or satisfied by the earnings or labour of such poor person or persons; or whereby any poor child or children whomsoever is or are rendered liable to be apprenticed to any governor, director, or master of any such house of industry or workhouse; or whereby any parish, township, or hamlet, at a greater distance than ten miles from such house of industry or workhouse, shall hereafter be empowered or authorized to become contributors to, or to take the benefit of such house of industry or workhouse; or whereby any directors, governors, guardians or masters of any such house of industry or workhouse, are authorized or empowered to hire out any poor person or persons of full age, or to contract or agree with any person or persons to have and take the profit of the labour of such poor person or persons; shall be wholly and severally, and the same are hereby wholly and severally repealed. II. And be it further enacted, That from and after the passing of this Act, it shall not be lawful for any governor, director, guardian, or master, of any house of industry or workhouse, on any pretence, to chain, or confine by chains or manacles, any poor person of sane mind. [No. XXXII.] 58 G. III. c. 47.-An Act to Establish Fever Hospitals, and to make other Regulations for Relief of the suffering Poor, and for Preventing the Increase of Infectious Fevers in Ireland.-[30th May 1818.] Confining the poor by chains or manacles unlawful. [No. XXXIII.] 59 Geo. III. c. 12.-An Act to amend the the Laws for the Relief of the Poor.-[31st March 1819.] FOR the better and more effectual execution of the laws for the relief No. XXXIII. of the poor, and for the amendment thereof; May it please your Ma- 59 Geo. III. jesty that it may be enacted, and be it enacted by the King'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 it shall be lawful for the inhabitants of any Parishes emparish, in vestry assembled, and they are hereby empowered, to establish a powered to select vestry for the concerns of the poor of such parish; and to that end establish select c. 12. No. XXXIII. to nominate and elect, in the same or in any subsequent vestry, or any ad59 Geo. III. journment thereof respectively, such and so many substantial householders or occupiers within such parish, not exceeding the number of twenty nor c. 12. less than five, as shall in any such vestry be thought fit to be members of the select vestry; and the rector, vicar, or other minister of the parish, vestries for the and in his absence the curate thereof (such curate being resident în and concerns of the poor. Constitution of select vestries. Members elected to be appointed by a justice. Vacancies to be supplied. Continuance of select vestries. Power of renewal. Meetings and duties of select vestries. Overseers than such as ordered by the select vestry. Justices empowered to order relief in certain cases for a limited time. charged to the poor's rates of such parish), and the churchwardens and overseers of the poor for the time being, together with the inhabitants who shall be nominated and elected as aforesaid (such inhabitants being first thereto appointed by writing under the hand and seal of one of his Majesty's justices of the peace, which appointment he is hereby authorized and required to make), shall be and constitute a select vestry for the care and management of the concerns of the poor of such parish; and any three of them (two of whom shall neither be churchwardens nor overseers of the poor) shall be a quorum; and when any inhabitant elected and appointed to serve in any such select vestry shall, before the expiration of his office, die or remove from the parish, or shall become incapable of serving, or shall refuse or neglect to serve therein, the vacancy which shall be thereby occasioned shall, as soon as conveniently may be, be filled up by the election and appointment, in manner aforesaid, of some other substantial householder or occupier of such parish, and so from time to time as often as any such vacancy shall occur; and every such select vestry shall continue and be empowered to act from the time of the appointment thereof until fourteen days after the next annual appointment of overseers of the poor of the parish shall take place, and may be from year to year, and in any future year, renewed in the manner herein-before directed; and every such select vestry shall meet once in every fourteen days, and oftener if it shall be found necessary, in the parish church, or in some other convenient place within the parish; and at every such meeting a chairman thall be appointed by the majority of the members present, who shall preside therein; and in all cases of equality of votes upon any question there arising, the chairman shall have the casting vote; and every such select vestry is hereby empowered and required to examine into the state and condition of the poor of the parish, and to inquire into and determine upon the proper objects of relief, and the nature and amount of the relief to be given; and in each case shall take into consideration the character and conduct of the poor person to be relieved, and shall be at liberty to distinguish, in the relief to be granted, between the deserving, and the idle, extravagant, or profligate poor; and such select vestry shall make orders in writing for such relief as they shall think requisite, and shall inquire into and superintend the collection and administration of all money to be raised by the poor's rates, and of all other funds and money raised or applied by the parish to the relief of the poor; and where any such select vestry shall be established, the overseers of the poor are required, in the execution of their office, to conform to the directions of the select vestry, and shall not (except in cases of sudden emergency or urgent necessity, and to the extent only of such temporary relief as each case shall require, and except by order of justices, in the cases herein-after provided for), give any further or other relief or allowance to the poor, than such as shall be ordered by the select vestry. II. And be it further enacted, That when any complaint shall be made to any justice of the peace, of the want of adequate relief, by or on the behalf of any poor inhabitant of any parish, for which a select vestry shall be established by virtue of this Act, or in which the relief of the poor is or shall be under the management of guardians, governors, or directors appointed by virtue of special or local Acts, such justice shall not proceed therein, or take cognizance thereof, unless it shall be proved on oath before him, that application for such relief hath been first made to and refused by the select vestry, or by such guardians, governors, or directors; and in such case the justice to whom the complaint shall be made may summon the overseers of the poor, or any of them, to appear before any two of his Majesty's justices of the peace, to answer the complaint; and if upon the hearing thereof it shall be proved on oath, to the satisfaction of the c. 12. justices who shall hear the same, that the party complaining, or on whose No. XXXIII. behalf the complaint shall be made, is in need of relief, and that adequate 59 Geo. III. relief hath been refused by the select vestry, or by such guardians, governors, or directors, or that such select vestry shall not have assembled as by this Act directed, it shall be lawful for such justices to make an order, under their hands and seals, for such relief as they, in their just and proper discretion, shall think necessary (reference being also had by such justices to the character and conduct of the applicant); provided, that in every such order the special cause of granting the relief thereby directed shall be expressly stated, and that no such order shall be given for or extend to any longer time than one month from the date thereof: Provided that it shall be lawful for any justice to make an order for relief in any case of urgent necessity, to be specified in such order, so as such order shall remain in force only until the assembling of the select vestry of the parish, or of such guardians, governors, or directors, as aforesaid, to which such case shall relate. III. And be it further enacted, That every select vestry, to be established by the authority of this Act, shall cause minutes to be fairly entered in books, to be for that purpose provided, of all their meetings, proceedings, resolutions, orders and transactions, and of all sums received, applied, and expended by their direction; and such minutes shall from time to time be signed by the chairman, and shall, together with a summary or report of the accounts and transactions of the select vestry, be laid before the inhabitants of the parish in general vestry assembled, twice in year; that is to say, in the month of March and the month of October, and at such other times as the select vestry shall think fit; and the minutes, proceedings, accounts, and reports of every select vestry, shall belong to the parish, and be preserved with the other books, documents, accounts, and public papers thereof. every IV. Provided, and be it further enacted, That the churchwardens and overseers of the poor shall cause ten days notice, at the least, to be publicly given, in the usual manner, of every vestry to be holden for the purpose of establishing any select vestry, or of nominating and electing the members, or any member thereof, and of every vestry to be holden for the purpose of receiving the report of the select vestry; and every notice of any such vestry shall state the special purpose thereof. V. And be it further enacted, That every order to be made, after the first day of May next, for the relief of any poor person, by the churchwardens and overseers of the poor of any parish not having a select vestry, under the authority of this Act, shall be made by two or more justices, who shall, in making every such order, take into their consideration the character and conduct of the person applying for relief; provided that in every such order the special cause of granting the relief thereby directed shall be expressly stated; and that no such order shall be given for or extend to any longer time than one month from the date thereof; Provided also, that in cases of emergency and urgent distress, it shall be lawful for one justice to order such relief as the case shall require, stating in his order the circumstances of the case; but no such last-mentioned order shall entitle any person to claim relief by virtue thereof more than fourteen days from the date of the order, nor shall the same have any force or effect after the next petty session to be holden within the hundred or other division or district in which the parish to which the same shall apply shall be situated. One justice may order temporary relief, in cases of urgent necessity. Minutes to be kept of the proceedings of select vestries. Minutes of select vestries, and reports of their proceedings, to be laid before the inhabitants in general vestry. Notice to be given of vestries for the establishment and election of members, and for receiving reports of se lect vestries. for relief, in Every order having a select parishes not vestry, shall be made by two or more justices; except in cases of emergency. Limitation of order. VI. And be it further enacted, That it shall be lawful for his Majesty's Power to apjustices of the peace, in their respective special sessions, for the appoint- point non-resi ment of overseers of the poor, upon the nomination and at the request of dent overthe inhabitants of any parish in vestry assembled, to appoint any person seers. who shall be assessed to the relief of the poor thereof, and shall be a householder resident within two miles from the church or chapel of such parish, or where there shall be no church or chapel, shall be resident within one mile from the boundary of such parish, to be an overseer of the poor thereof, although the person so to be appointed shall not be an householder within the parish of which he shall be so appointed an overseer of the |