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No. 1. as the sums of money or stock which shall be behind upon any account to 43Elizabeth, such distress, it shall be lawful for any such two justices of the peace, to?

be made as aforesaid, rendering to the parties the overplus; and in defect of c. 2.

commit him or them to the common gaol of the county, there to remain

without bail or mainprise, until payment of the said sum, arrearages and Imprisonment stock: and the said justices of peace or any of them, to send to the house in default of

of correction or common gaol such as shall not employ themselves to distress.

work, being appointed thereunto as aforesaid ; and also any such two jus) Imprisonment tices of peace to commit to the said prison every one of the said churchof those that

wardens and overseers, who shall refuse to account, there to remain with will not work.

out bail or nainprise, until he have made a true account, and satisRefusers to fied and paid so much as upon the said account shall be remaining in his account impri- hands (22). soned.

V. And be it further enacted, that it shall be lawful for the said Binding of churchwardens and overseers, or the greater part of them (23), by: children ap- the assent of any two (24) justices of the peace aforesaid, to bind any i prentices. such children as aforesaid to be apprentices, where they shall see cone?

venient, till such man-child shall come to the age of four and twen-: ty (25) years, and such woman-child to the age of one and twenty years.is or the time of her marriage; the same to be as eftectual to all purém

(22) The commitment must express the party to be an overseer committing him by the name of churchiwarden is bail; Peake, Keble, 57 lyje The commitment must be till he account, not until he be duly discbargel according to law; Churchwardens of Northampton, C'arth. 152. arcounts are adjusted, there cannot be a commitment for non-payment of the balance, without previous distress; Turner, 1 Bott. 310; Hodges, 3 Saik. 533; 1 Bott. 304.

(23) Where one of the two overseers was also sole churchwarden, anbey the indenture was executed by the overseers, the binding was held insutfit cient, as by the statute there ought to be two overseers, exclusive of churchani wardens; All Saints, Derby, 13 E. 143; but this is now remedied by 51 Get III. c. 80, ante. Title APPRENTICES, which has retrospective operatione Where an indenture appeared to be made by A. B. churchiwarden, and C D. overseer of the hamlet of

and no oiher evidence was given respecting it, it was holden by the sessions to be suficient; but the Court of King's Bench beld, that there might be one church warden only by custom, and that if any intendment could by law be made to support the indenture, they must make that intendment; Hinchley, 12 East, 36i.

(I have never been able to assent to the correctness of this decida sion, because the presumption is always to be made according toto, the general course and operation of the law; and if the appointede ment of one churchwarden would be, prima facie, void, the cristal ence of a special custom to support it would seem to require posizil

tive proof.] A binding by the overseers of a township maintuining its own poor, since) stat. 13 and 14 Charles II. c. 12, is valid ; Nantwich, 16 E. 923.

For the statutes relating particularly to parish apprentices, see ante. Title APPRENTICES.

(24) The allowance is a judicial act, and the justices must be together; Hamstall, Ridware, 3 T. R. 380: but it one who has signed is presenti at the signature of the other, it is sufficient; Winwick, & T.R. 151: and when the master has executed, he is estopped from proving upon appeal that, at the time of bis execution, the indenfure was only signed by it one justice; Saltern, 24 Geo. III, 1 Bott. 613. In fact, it is not usual for se the justices to allow the indentures until after they have been executed by the parties. It is not necessary that the apprentice should execute the in denture ; St. Nicholas in Nottingham, 2 T. R. 720. Where the justices re. tused to allow the indenture, and the overseer persuaded the pauper and his mother to execute an indenture of apprenticeship to the master, and paid a fee thereen out of the parish money, it was ruled that the indenture was valid, and that the sessions were not warranted in finding fraud; Kilby, 2 M. and S. 501. See post. 8 and 9 W. c. 30, as to compulsory bindings; o with some observations upon proposed alterations in the law respecting parish indentures.

(25) Changed to twenty-one by stat. 18 Geo. III. c. 17, ante. Title APPRENTICES.

steign.

tax.

en poses as if such child were of full age, and by indenture of covenant bound No. I.

him or herself. And to the intent that necessary places of habitation may 43Elizabeth, more conveniently be provided for such poor impotent people; Be it

c. 2. re-enacted by the authority aforesaid, that it shall and may be lawful for the

said church wardens 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 ve their parish is or shall be parcel, and upon agreement before with him or ju them made in writing, under the hands and seals of the said lord or lords, ta: or otherwise, according to any order to be set down by the justices of peace 18 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 is this 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 t the parish or otherwise of the hundred or county as aforesaid, to be taxed, waste for the ; frated and gathered in manner before expressed, convenient houses of dwel- poor to inhaad

ling for the said impotent poor; and also to place inmates, or more families bit. t 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 mainetaining 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 tine 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 of the said former Act made in the said one and thirtieth year of her majesty's

VI. Provided always, that if any person or persons shall find themselves A remedy for 1, prieved with any sess or tax, or other act done by the said churchwardens, them who find Dand other persons, or by the said justices of peace; that then it shall be themselves ay. w dawful for the justices of peace, at their general quarter sessions, or the grieved by any 51 (greater number of them, to take such order therein as to them shall be ali thought convenient; and the same to conclude and bind all the said IN 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. tertain every such poor person in that manner (30), and according to that g rate, as by the justices of peace of that county where such sufficient persons vindwell (31), or the greater number of them, at their general quarter sessions Ni shall be assessed; upon pain that every one of them shall forfeit twenty posshillings for every month, which they shall fail therein (32).

VIII. And be it further hereby enacted, that the mayors, bailiffs, or other Officers of corinchead officers of every town and place corporate and city within this realm, porate towns

have the anCiti (26) Repealed, 15. G. III. c. 32.

thority of juis. (27) It is established by several authorities, that the provisions of this tices of peace. nge 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 an children by a former husband ; Tubb 1. Harrison, 4 T. R. 118; Cooper v. m: Martin, 4 É. 76. Whether grandchildren are liable to maintain their grand(fathers or grandmothers, Q. ville Walton v. Spark, i Bott. 370; vide also the tistobservations in Burn, Poor, Sect. 3(1).

(28) The order must shew the person directed to be re'ieved, to be in within the words of the statute ; St. Andrew's Undershait v. De Breta, re 1 Lord Kenyon, 699: stating a person to be in a poor, destitute condition is Ir not sufficient; Gulley, Foley, 47. The party should appear to be chargediable; Tripping, 16 Viner, 124.

(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. 316.

(32) An indictment may be maintained for disobedience of the order; Robinson, 2 Bur. 799.

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No. I. being justice or justices of peace, shall have the same authority by vir- every coun 43 Elizabeth,

tue of this Act, within the limits and precincts of their jurisdictions, as chin the sale

well out of sessions, as at their sessions, if they hold any, as is herein x agreement c. 2. limited, prescribed and appointed to justices of the peace

of the county, or any two or more of them, or to the justices of peace in their quarter sesout of them: sions, to do and execute for all the uses and purposes in this Act pre-justices of t

scribed, and no other justice or justices of peace to enter or meddle there, te dwelling Aldermen of (33) and that every Alderman of the city of London within his ward, shall (ill. And London. and may do and execute in every respeet so much as is appointed and li aoney so ti

allowed by this Act to be done and exccuted by one or two justices of thes, or any

peace of any county within this realm. A parish ex- IX. And be it also enacted, That if it shall happen any parish to extend ting or ne tending into itself into more counties than one, or part to lie within the liberties of any such distre two counties, city, town, or place corporate, and part without, that then, as well theach person to or into two

justices of peace of every county, as also the head officers of such city, have paid liberties.

town, or place corporate, shall deal and intermeddle only in so much of XIV. And the said parish as lieth within their liberties, and not any further: Andrzeral quarte every of them respectively within their several limits, wards, and jurisdick: down whe tions, to execute the ordinances before-mentioned concerning the nomina-tery county tion of overseers, the consent to binding apprentices, the giving warrant toung's Bench levy taxations unpaid, the taking account of church wardens and overseersp shall be in and the committing to prison such as refuse to account, or deny to pay thevery one of arrearages due upon their accounts; and yet nevertheless, the said churchetery county wardens and overseers, or the most part of them, of the said parishes that the King's do extend into such several limits and jurisdictions, shall, without dividing, every themselves, duly execute their office in all places within the said parish, id pay over all things to them belonging, and shall duly exhibit and make one accounttuate, from before the said head officer of the town or place corporate, and one other; and ever

before the said justices of peace, or any such two of them, as is aforesaid. hall pay ove The jnstice's

X. And further be it enacted by the authority aforesaid, That if any: by the mo forfeiture for place within this realm there happen to be hereafter no such nomination ofd treasurer not naming of overseers yearly, as is before appointed, That then every justice of peace oktown, or

the.county, dwelling within the division where such default of nomination cods land shall happen, and every mayor, alderman, and head officer of city, town offore the ti place corporate, where such default shall happen, shall lose and forfeit fotected to a every such default five pounds, to be employed towards the relief of the give up t poor of the said parish or place corporate, and to be levied as aforesaid, okents at th their goods, by warrant from the general sessions of the peace of the said every yea

county, or of the same city, town or place corporate, if they keep sessionsnecessively How the for

XI. And be it also enacted by the authority aforesaid, That all penaltiestorporate; feiture shalbe and forteitures before-mentioned in this Act to be forfeited by any person the Lord levied and or persons, shall go and be employed to the use of the poor of the sameeing, equ employed. parish, and towards a stock and habitation for them, and other necessaryfor the sam

uses and relief, as before in this act are mentioned and expressed; and shallstice of ik be levied by the said churchwardens and overseers, or one of them, byconstable, warrant from any two such justices of peace, or mayor, alderman, or headioram above officer of city, town or place corporate respectively within their severalrators, so limits, by distress and sale thereof, as aforesaid, or in defect thereof, it shallud every ] be lawful for any two such justices of peace, and the said alderman and every tinie head officers within their several limits, to commit the ottender to the said he sums be prison, there to remain without bail or mainprise till the said forfeituresof distress

shall be satisfied and paid. The justices XII. And be it further enacted by the authority aforesaid, That the jus. XV. Ar shall rate tices of peace of every county or place corporate, or the more part of them, shall be re every parish in their general sessions to be holden next after the feast of Easter next, the more to a wcckly and so yearly as often as they shall think meet, shall rate every parish to distributed

such a weekly sum of money as they shall think convenient; so as no parish and of tho be rated above the sum of sixpence, nor under the sum of a halfpenny, alties, and weekly to be paid, and so as the total sum of such taxation of the parishies to the mor

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(33) This excludes the justices of the county ; St. Mary Taunt. 1 Bott. 274; but in Franchises not having tour justices, the ap

peal may be to the sessions of the county; St. 17 Geo. II, c. 58, s. 5.

XVI. A wilfully re to distribu be appoint

11

county amount not above the rate of two-pence for every parish No.I. the said county: Which sums so taxed shall be yearly assessed by reement of the parishioners within themselves, or in default thereof,

43 Elizabeth, cburchwardens and petty constables of the same parish, or the more

c. 2. f them: Or in default of their agreement, by the order of such justice sis of the peace as shall dwell in the same parish, or (if none be dwelling) in the parts next adjoining. 1. And if any person shall refuse or neglect to pay any such portion The penalty

so taxed, it shall be lawful for the said churchwardens and con- for refusing to or any of them, or in their default for any justice of peace of the pay money ht, to levy the same by distress and sale of the goods of the party so taxed. or neglecting, rendering to the party the overplus: And in default

distress, it shall be lawful to any justice of that limit to commit erson to the said prison, there to abide without bail or mainprise till e paid the same.

And be it also enacted, That the said justices of peace at their Relief for the quarter sessions to be holden at the time of such taxation, shall prisoners of so what competent sums of money shall be sent quarterly out of the King's ounty or place corporate, for the relief of the poor prisoners of the Bench, MarBench and Marshalsea, and also of such hospitals and alms-houses shalsea, l be in the said county, and what sums of money shall be sent to

Hospitals. one of the said hospitals and alms-houses, so as there be sent out of oranty yearly twenty shillings at the least, to each of the said prisons King's Bench and Marshalsea; which sums rateably to be assessed Fery parish, the churchwardens of every parish shall truly collect

over to the high constables, in whose division such parish shall be

from time to time, quarterly, ten days before the end of every quarand every such constable at every such quarter-sessions in such county, ray over the same to two such ireasurers, or to one of them, as shall Treasurers. In the more part of the justices of peace of the county elected to be the teasurers, to be chosen by the justices of peace of the said county, city 10, or place corporate, or of others which were sessed and taxed at five lands, or ten pounds goods at the least, at the tax of subsidy next e the time of the said election to be made; and the said treasurers, so to continue for the space of one whole year in their office, and then up their charge, with a due account of their receipts and disburse

at the quarter sessions to be holden next after the feast of Easter y year, to such others as shall from year to year, in form aforesaid, iely be elected treasurers for the said county, city, town or place rite; which said treasurers, or one of them, shall pay over the same Lord Chief Justice of England, and Knight Marshal for the time Lord Chief

equally to be divided to the use aforesaid, taking their acquittance Justice of sarne, or in default of the said chief justice, to the next antientest England, of the King's Bench, as aforesaid: And if any churchwarden or high Knight e, or his executors or administrators, shall fail to make payment in Marshal. have specified, then every churchwarden, his executors, or adminis

u offending shall forfeít for every time the sum of ten shillings; every high constable, bis executors or administrators, shall forfeit for The forfeiture

time the sum of twenty shillings: the same forfeitures, together with of the churchisuns behind, to be levied by the said treasurer and treasurers by way wardens or stess and sale of the goods as aforesaid, in form aforesaid, and by them high constatmployed towards the charitable uses comprised in this Act. bles offending. 5. And be it further enacted, That all the surplusage of money which How the sur

be remaining in the said stock of any county, shall by discretion of plusage shall bare part of the justices of peace in their quarter sessions, be ordered, be bestowed. ninted and bestowed for the relief of the poor hospitals of that county, e those that shall sustain losses by fire, water, the sea, or other casti, and to such other charitable purposes, for the relief of the poor, as e more part of the said justices of peace shall seem convenient.

The penalty II. And be it further enacted, That if any treasurer elected shall for retusing to zlly refuse to take upon him the said office of treasurership, or refuse be treasurer, o tribute and give relief or to account, according to such form as shall to give relict, pointed by the more part of the said justices of peace, that then it or account.

6

XX IX. Provi

c. 2.

THEREA

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No. I. shall be lawful for the justices of peace in their quarter sessions, or in their lass 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 ad of the ne prosecuted by any two of the said justices of peace whom they shalls of the fir This Act to

authorise. Provided always, That this Act shall not take effect until the s Car. 1. c. take etfect at

feast of Easter next. Easter.

XVII. And be it enacted, That the statute made in the nine and For what time, thirtieth year of her Majesty's reign, intituled, An Act for the relief ofs

11.] and to what

bet the Poor, shall continue and stand in force until the feast of Easter next; St. Of 39 Eliz. and that all taxations heretofore imposed and not paid, nor that shall be c. 3, shall be

paid before the feast of Easter next, and that all taxes hereafter before the put in execu- said feast to be taxed by virtue of the said former Act, which shall not be liberties of e tion.

paid before the said feast of Easter, shall and may after the said feast of and dominio Easter be levied by the overseers and other persons in this Act respectively acasioned b appointed to levy taxations, by distress, and by such warrant in every of the poor, respect, as if they had been taxed and imposed by virtue of this Act, and and employn

were not paid. The island of XVIII. Provided always, That whereas the island of Fowlness in the

for want, tog Fowlness in county of Essex, being environed with the sea, and having a Chapel of and statutes Essex. Ease for the inhabitants thereof, and yet the said island is no parishi

, but, and vagabon the lands in the same are situated within divers parishes far distant from: the said island; Be it therefore enacted by the anthority aforesaid, Thaly want of su

or the prever 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

Majesty 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

Spiritual and for the execution of the parts and articles of this Act, and shall be subject

sembled, a to'the same pains and forieitures, and likewise that the inhabitants and occupiers of lands there shall be liable and chargeable to the same payments,

ne parish to charges, expences, and orders, in such manner and form as if the same

cose parishe 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

in they ha tribute towards the relief of the poor of these parishes wherein their cues and ve houses or lands which they occupy within the said island are situated, fopicks, wher or by reason of their said habitations or occupyings, other than for the acted, by t relief of the poor people within the said island, neither yet shall the othepimplaint ma inhabitants of the parishes wherein such houses or lands are situated, bearish, to an compelled, by reason of their resiancy or dwelling, to contribute to the rsons comi relief of the poor inhabitants within the said island.

karly value The defend- XIX. And be it further enacted, That if any action of trespass or other be of the ant's plea in a suit shall happen to be attempted and brought against any person or per-re likely to suit commenc- sons, for taking of any distress, making of any sale, or any other thing farrant to ed against doing, by authority of this present Act, the defendant or defendants in any de or they him against

such action or suit shall and may either plead not guilty, or otherwise burner, ap this Statute.

make avowry, cognisance or justification for the taking of the said distresses, unless he o
making of sale, or other thing doing by virtue of this Act, alleging in sucho be allow
avowry, cognisance or justification, that the said distress, sale, trespass or II. Prov
other thing, whereof the plaintiff or plaintiffs complained, was done by pieved by
authority of this Act, and according to the tenor, purport and effect of this ustices of
Act, without any expressing or rehearsal of any other matter or circum- re hereby
stance contained in this present Act: To which avowry, cognisance or cause.
justification, the plaintiff' shall be admitted to reply, That the defendant III. Pros
did take the said distress, made the said sale, or did any other act or trespass awful for a
supposed in his declaration, of his own wrong, without any such cause l work in tim
alleged by the said defendant; whereupon the issue in every such action that he or t
shall be joined, to be tried by verdict of twelve men, and not otherwise, as the parish a
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 Treble da. nonsuit of the plaintiff after appearance, the same defendant to recover mage for the

treble damages, by reason of his wrongful vexation in that behalf, with his defendant, costs also in that part sustained, and that to be assessed by the same jury, lames's, in and his costs. or writ to enquire of the damages, as the same shall require.

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