No. I. c. 2. poses as if such child were of full age, and by indenture of covenant bound him or herself. And to the intent that necessary places of habitation may 43Elizabeth, more conveniently he provided for such poor impotent people; Be it enacted by the authority aforesaid, that it shall and may be lawful for the said churchwardens and overseers, or the greater part of them, by the leave of the lord or lords of the manor, whereof any waste or common within their parish is or shall be parcel, and upon agreement before with him or them made in writing, under the hands and seals of the said lord or lords, or otherwise, according to any order to be set down by the justices of peace of the said county at their general quarter sessions, or the greater part of them, by like leave and agreement of the said lord or lords in writing under his or their hands and seals, to erect, build, and set up in fit and convenient Building of places of habitation, in such waste or common, at the general charges of houses on the the parish or otherwise of the hundred or county as aforesaid, to be taxed, waste for the rated and gathered in manner before expressed, convenient houses of dwel- poor to inhaling for the said impotent poor; and also to place inmates, or more families than one in one cottage or house; one Act made in the one and thirtieth year of her majesty's reign, intituled, An Act against the erecting and maintaining of Cottages (26), or any thing therein contained, to the contrary notwithstanding: Which cottages and places for inmates shall not at any time after be used or employed to or for any other habitation, but only for impotent and poor of the same parish, that shall be there placed from time to time by the churchwardens and overseers of the poor of the same parish, or the most part of them, upon the pains and forfeitures contained in the said former Act made in the said one and thirtieth year of her majesty's reign. bit. VI. Provided always, that if any person or persons shall find themselves A remedy for grieved with any sess or tax, or other act done by the said churchwardens, them who find and other persons, or by the said justices of peace; that then it shall be themselves agJawful for the justices of peace, at their general quarter sessions, or the grieved by any greater number of them, to take such order therein as to them shall be tax. thought convenient; and the same to conclude and bind all the said parties. VII. And be it further enacted, that the (27) father and grandfather, and Poor persons the mother and grandmother, and the children of every poor, old, blind, relieved by lame, and impotent person, or other poor person not able to work (28), be- their parents ing of a sufficient ability (29), shall, at their own charges, relieve and main- and children. tain every such poor person in that manner (30), and according to that rate, as by the justices of peace of that county where such sufficient persons dwell (31), or the greater number of them, at their general quarter sessions shall be assessed; upon pain that every one of them shall forfeit twenty shillings for every month, which they shall fail therein (32). VIII. And be it further hereby enacted, that the mayors, bailiffs, or other head officers of every town and place corporate and city within this realm, (26) Repealed, 15. G. III. c. 32. (27) It is established by several authorities, that the provisions of this section relate only to natural and legitimate relations, and not to relations by marriage or bastards. A man is not liable for the maintenance of his wife's children by a former husband; Tubb r. Harrison, 4 T. R. 118; Cooper v. Martin, 4 É. 76. Whether grandchildren are liable to maintain their grandfathers or grandmothers, Q. vide Walton v. Spark, 1 Bott. 370; vide also the observations in Burn, Poor, Sect. 3 (1). (28) The order must shew the person directed to be relieved, to be within the words of the statute; St. Andrew's Undershaft v. De Breta, 1 Lord Kenyon, 699: stating a person to be in a poor, destitute condition is not sufficient; Gulley, Foley, 47. The party should appear to be charge able; Tripping, 16 Viner, 424. (29) This must be expressed; Halifax, Set. Cas. 52. (30) Order to pay till the Court should order the contrary, good; Jenkins's Case, 2 Salk. 534. (31) Order by justices of Middlesex upon a party there to relieve a person in Surrey, is bad; 2 Bulstr. 346. (32) An indictment may be maintained for disobedience of the order; Robinson, 2 Bur. 799. Officers of corporate towns have the anthority of justices of peace. No. I. 43 Elizabeth, c. 2. Aldermen of A parish extending into two counties, or into two liberties. The justice's forfeiture for not naming of overseers. How the forfeiture shall be levied and employed. The justices shall rate every parish to a weekly sum. being justice or justices of peace, shall have the same authority tue of this Act, within the limits and precincts of their jurisdictic well out of sessions, as at their sessions, if they hold any, as is limited, prescribed and appointed to justices of the peace of the cou any two or more of them, or to the justices of peace in their quart sions, to do and execute for all the uses and purposes in this A scribed, and no other justice or justices of peace to enter or meddle (33) and that every Alderman of the city of London within his war and may do and execute in every respect so much as is appoint allowed by this Act to be done and executed by one or two just peace of any county within this realm. IX. And be it also enacted, That if it shall happen any parish to itself into more counties than one, or part to lie within the liberties city, town, or place corporate, and part without, that then, as w justices of peace of every county, as also the head officers of su town, or place corporate, shall deal and intermeddle only in so ¤ the said parish as lieth within their liberties, and not any furthe every of them respectively within their several limits, wards, and j tions, to execute the ordinances before-mentioned concerning the i tion of overseers, the consent to binding apprentices, the giving wat levy taxations unpaid, the taking account of churchwardens and ov and the committing to prison such as refuse to account, or deny to arrearages due upon their accounts; and yet nevertheless, the said wardens and overseers, or the most part of them, of the said parish do extend into such several limits and jurisdictions, shall, without themselves, duly execute their office in all places within the said pa all things to them belonging, and shall duly exhibit and make one a before the said head officer of the town or place corporate, and on before the said justices of peace, or any such two of them, as is afor X. And further be it enacted by the authority aforesaid, That place within this realm there happen to be hereafter no such nomina overseers yearly, as is before appointed, That then every justice of p the county, dwelling within the division where such default of nom shall happen, and every mayor, alderman, and head officer of city, t place corporate, where such default shall happen, shall lose and fort every such default five pounds, to be employed towards the relief poor of the said parish or place corporate, and to be levied as afores their goods, by warrant from the general sessions of the peace of th county, or of the same city, town or place corporate, if they keep se XI. And be it also enacted by the authority aforesaid, That all pe and forfeitures before-mentioned in this Act to be forfeited by any or persons, shall go and be employed to the use of the poor of the parish, and towards a stock and habitation for them, and other nec uses and relief, as before in this act are mentioned and expressed; an be levied by the said churchwardens and overseers, or one of the warrant from any two such justices of peace, or mayor, alderman, o officer of city, town or place corporate respectively within their & limits, by distress and sale thereof, as aforesaid, or in defect thereof, i be lawful for any two such justices of peace, and the said alderma head officers within their several limits, to commit the offender to th prison, there to remain without bail or mainprise till the said forfe shall be satisfied and paid. XII. And be it further enacted by the authority aforesaid, That th tices of peace of every county or place corporate, or the more part of in their general sessions to be holden next after the feast of Easter and so yearly as often as they shall think meet, shall rate every pari such a weekly sum of money as they shall think convenient; be rated above the sum of sixpence, nor under the sum of a halfp weekly to be paid, and so as the total sum of such taxation of the pa (33) This excludes the justices of the county; St. Mary Taunt. 1 Bott, 274; but in Franchises not having four justices, the ap. so as no peal may be to the sessions of the cou St. 17 Geo. II, c. 38, s. 5. No. I. c. 2. in every county amount not above the rate of two-pence for every parish within the said county: Which sums so taxed shall be yearly assessed by 43 Elizabeth, the agreement of the parishioners within themselves, or in default thereof, by the churchwardens and petty constables of the same parish, or the more part of them: Or in default of their agreement, by the order of such justice r justices of the peace as shall dwell in the same parish, or (if none be there dwelling) in the parts next adjoining. or taxed. XIII. And if any person shall refuse or neglect to pay any such portion The penalty of money so taxed, it shall be lawful for the said churchwardens and con- for refusing to stables, or any of them, or in their default for any justice of peace of the pay money said limit, to levy the same by distress and sale of the goods of the party so refusing or neglecting, rendering to the party the overplus: And in default of such distress, it shall be lawful to any justice of that limit to commit such person to the said prison, there to abide without bail or mainprise till he have paid the same. XIV. And be it also enacted, That the said justices of peace at their Relief for the A general quarter sessions to be holden at the time of such taxation, shall prisoners of set down what competent sums of money shall be sent quarterly out of the King's every county or place corporate, for the relief of the poor prisoners of the Bench, MarKing's Bench and Marshalsea, and also of such hospitals and alms-houses shalsea, as shall be in the said county, and what sums of money shall be sent to Hospitals. every one of the said hospitals and alms-houses, so as there be sent out of every county yearly twenty shillings at the least, to each of the said prisons of the King's Bench and Marshalsea; which sums rateably to be assessed upon every parish, the churchwardens of every parish shall truly collect hand pay over to the high constables, in whose division such parish shall be situate, from time to time, quarterly, ten days before the end of every quareter; and every such constable at every such quarter-sessions in such county, shall pay over the same to two such treasurers, or to one of them, as shall Treasurers. be by the more part of the justices of peace of the county elected to be the said treasurers, to be chosen by the justices of peace of the said county, city for town, or place corporate, or of others which were sessed and taxed at five topounds lands, or ten pounds goods at the least, at the tax of subsidy next before the time of the said election to be made; and the said treasurers, so telected to continue for the space of one whole year in their office, and then thto give up their charge, with a due account of their receipts and disburse,ments at the quarter sessions to be holden next after the feast of Easter sain every year, to such others as shall from year to year, in form aforesaid, successively be elected treasurers for the said county, city, town or place corporate; which said treasurers, or one of them, shall pay over the same Marshal. to the Lord Chief Justice of England, and Knight Marshal for the time Lord Chief being, equally to be divided to the use aforesaid, taking their acquittance Justice of sar for the same, or in default of the said chief justice, to the next antientest England, he justice of the King's Bench, as aforesaid: And if any churchwarden or high Knight constable, or his executors or administrators, shall fail to make payment in form above specified, then every churchwarden, his executors, or adminisen trators, so offending shall forfeit for every time the sum of ten shillings; h and every high constable, his exccutors or administrators, shall forfeit for The forfeiture every time the sum of twenty shillings: the same forfeitures, together with of the churchthe sums behind, to be levied by the said treasurer and treasurers by way wardens or rd of distress and sale of the goods as aforesaid, in form aforesaid, and by them high constato be employed towards the charitable uses comprised in this Act. bles offending. XV. And be it further enacted, That all the surplusage of money which How the surer shall be remaining in the said stock of any county, shall by discretion of plusage shall the more part of the justices of peace in their quarter sessions, be ordered, distributed and bestowed for the relief of the poor hospitals of that county, and of those that shall sustain losses by fire, water, the sea, or other casualties, and to such other charitable purposes, for the relief of the poor, as to the more part of the said justices of peace shall seem convenient. be bestowed. The penalty XVI. And be it further enacted, That if any treasurer elected shall for refusing to wilfully refuse to take upon him the said office of treasurership, or refuse be treasurer, to distribute and give relief or to account, according to such form as shall to give relief, be appointed by the more part of the said justices of peace, that then it or account. No. I. shall be lawful for the justices of peace in their quarter sessions, or in their 43 Elizabeth, default, for the justices of assize, at their assizes to be holden in the same county, to fine the same treasurer by their discretion; the same fine not to be under three pounds, and to be levied by sale of his goods, and to be prosecuted by any two of the said justices of peace whom they shall take effect at authorise. Provided always, That this Act shall not take effect until the c. 2. This Act to Easter. For what time, and to what purpose the St. of 39 Eliz. c. 3, shall be put in execu tion. The island of Essex. The defend- Treble da mage for the defendant, and his costs. feast of Easter next. XVII. And be it enacted, That the statute made in the nine and thirtieth year of her Majesty's reign, intituled, An Act for the relief of the Poor, shall continue and stand in force until the feast of Easter next; and that all taxations heretofore imposed and not paid, nor that shall be paid before the feast of Easter next, and that all taxes hereafter before the said feast to be taxed by virtue of the said former Act, which shall not be paid before the said feast of Easter, shall and may after the said feast of Easter be levied by the overseers and other persons in this Act respectively appointed to levy taxations, by distress, and by such warrant in every respect, as if they had been taxed and imposed by virtue of this Act, and were not paid. XVIII. Provided always, That whereas the island of Fowlness in the county of Essex, being environed with the sea, and having a Chapel of Ease for the inhabitants thereof, and yet the said island is no parish, but the lands in the same are situated within divers parishes far distant from the said island; Be it therefore enacted by the authority aforesaid, Thar the said justices of peace shall nominate and appoint inhabitants within the said island, to be overseers for the poor people dwelling within the said island, and that both they the said justices and the said overseers shall have the same power and authority to all intents, considerations and purposes for the execution of the parts and articles of this Act, and shall be subject to the same pains and forfeitures, and likewise that the inhabitants and occupiers of lands there shall be liable and chargeable to the same payments, charges, expences, and orders, in such manner and form as if the same island were a parish: In consideration whereof, neither the said inhabitants or occupiers of land within the said island, shall not be compelled to con tribute towards the relief of the poor of these parishes wherein their houses or lands which they occupy within the said island are situated, for or by reason of their said habitations or occupyings, other than for the relief of the poor people within the said island, neither yet shall the other inhabitants of the parishes wherein such houses or lands are situated, be compelled, by reason of their resiancy or dwelling, to contribute to the relief of the poor inhabitants within the said island. XIX. And be it further enacted, That if any action of trespass or other suit shall happen to be attempted and brought against any person or persons, for taking of any distress, making of any sale, or any other thing doing, by authority of this present Act, the defendant or defendants in anyle such action or suit shall and may either plead not guilty, or otherwise make avowry, cognisance or justification for the taking of the said distresses, making of sale, or other thing doing by virtue of this Act, alleging in such avowry, cognisance or justification, that the said distress, sale, trespass or other thing, whereof the plaintiff or plaintiffs complained, was done by authority of this Act, and according to the tenor, purport and effect of this Act, without any expressing or rehearsal of any other matter or circumstance contained in this present Act: To which avowry, cognisance or a justification, the plaintiff shall be admitted to reply, That the defendant did take the said distress, made the said sale, or did any other act or trespass ja supposed in his declaration, of his own wrong, without any such cause alleged by the said defendant; whereupon the issue in every such action shall be joined, to be tried by verdict of twelve men, and not otherwise, as is accustomed in other personal actions: And upon the trial of that issue the whole matter to be given on both parties in evidence, according to the very truth of the same; and after such issue tried for the defendant, or nonsuit of the plaintiff after appearance, the same defendant to recover treble damages, by reason of his wrongful vexation in that behalf, with his costs also in that part sustained, and that to be assessed by the same jury, i or writ to enquire of the damages, as the same shall require. 19 sa tam COR XX. Provided always, that this Act shall endure no longer than to the end of the next Session of Parliament. [3 Car. 1. c. 4. continued until the end of the first Session of the next Parliament, and further continued by 16 Car. 1. c. 4.] [No. II.] 13 and 14 Charles II. c. 12.-An Act for the better relief of the Poor of this Kingdom. No. I 43 Elizabeth c. 2. No. II. 13 and 14 Charles II. c. 12. WHEREAS the necessity, number, and continual increase of the poor, not only within the cities of London and Westminster, with the liberties of each of them, but also through the whole kingdom of England, and dominion of Wales, is very great and exceeding burthensome, being 'occasioned by reason of some defects in the law concerning the settling of the poor, and for want of a due provision of the regulations of relief and employment in such parishes or places where they are legally settled The occasion 'which doth enforce many to turn incorrigible rogues, and others to perish of increase of for want, together with the neglect of the faithful execution of such laws poor. and statutes as have formerly been made for the apprehending of rogues 43 Eliz. c. 2. and vagabonds, and for the good of the poor:' For remedy whereof, and for the preventing the perishing of any of the poor, whether young or old, for want of such supplies as are necessary, may it please your most excellent Majesty 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 the Commons, in this present Parliament assembled, and by the authority of the same, That whereas by reason of some defects in the law, poor people are not restrained from going from Poor people one parish to another, and therefore do endeavour to settle themselves in going from one those parishes where there is the best stock, the largest commons or wastes parish to to build cottages, and the most woods for them to burn and destroy, and another. when they have consumed it, then to another parish, and at last become the rogues and vagabonds, to the great discouragement of parishes to provide fstocks, where it is liable to be devoured by strangers; be it therefore thenacted, by the authority aforesaid, That it shall and may be lawful, upon How to be thecomplaint made by the churchwardens or overseers of the poor of any settled, com, parish, to any justice of peace, within forty days after any such person or ing to any tpersons coming so to settle (1) as aforesaid, in any tenement under the tenement yearly value of ten pounds, for any two justices of the peace, whereof one under ten theto be of the Quorum, of the division where any person or persons that pounds yearly are likely to be (2) chargeable to the parish shall come to inhabit, by their value. warrant to remove and convey such person or persons to such parish where Altered and ache or they were last legally settled, either as a native, householder, so- explained by journer, apprentice or servant, for the space of forty days at the least (3), 1 Jac. 2, c. 17. unless he or they give sufficient security for the discharge of the said parish sedto be allowed by the said justices. 55( sect, 3. 3 & 4 W. & M. c. 11. sect. 3. Persons ag II. Provided always, that all such persons who think themselves aggrieved by any such judgment of the said two justices, may appeal to the the justices of the peace of the said county at their next Quarter Sessions, who grieved may umare hereby required to do them justice according to the merits of their appeal to the of cause. Quarter III. Provided also, That (this Act notwithstanding) it shall and may be Persons going pos lawful for any person or persons to go into any county, parish or place, to to work in us work in time of harvest, or at any time to work at any other work, so Harvest, to that he or they carry with him or them a certificate from the Minister of , a the parish and one of the churchwardens and one of the overseers for the عاده |