PART VI. CLASS XXVI. PAWNBROKERS. [There has been no recent act relating to pawnbrokers.] PART VI. CLASS XXVII. PLAYERS. [For the 3 W. IV. c. 15, amending the Laws relating to Dramatic Literary Property, see Part II. Class Ï.] Repeal in part of 17 G. 2, c. 5. PART VI. CLASS XXVIII. POOR. [No. I.] 11 G. IV. c. 5.-An Act to repeal the Provisions of WHEREAS it is expedient to amend the laws relative to the removal of vagrant and poor persons born in the isles of Jersey and Guernsey, and chargeable to parishes in England; and to make other provisions in lieu thereof: Be it therefore enacted, &c., That so much of an act made in the seventeenth year of the reign of king George the second, intituled An Act to amend and make more effectual the Laws relating to Rogues and Vagabonds, and other idle and disorderly Persons, and to Houses of Correction, as relates to passing vagrants to the islands of 59 G. 3, c. 12. Guernsey and Jersey; and also so much of an act passed in the fiftyninth year of the reign of king George the third, intituled An Act to amend the laws for the Relief of the Poor, as relates to the removal of poor persons born in Jersey and Guernsey, who have become chargeable to parishes in England; and also to so much of an act passed in the fifth year of the reign of his present Majesty, intituled An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds, in that Part of Great Britain called England, as relates to the removal of poor persons born in the isles of Jersey and Guernsey, and being chargeable to parishes in England, shall be and the same are hereby repealed. and 5 G. 4, c. 83. Power to remove charge able poor born in Jersey or Guernsey, at expence of complaining parish. 6 G. 4. c. 57. II. That it shall be lawful for two justices of the peace, and they are hereby required, upon the complaint of the churchwardens and overseers of the poor of any parish, that any person born in either of the isles of Jersey or Guernsey hath become chargeable to such parish, by himself, or herself, or his or her family, to cause such person to be brought before them, and to examine such person, and any other witness or witnesses, on oath, touching the place of the birth or last legal settlement of every such person, and to inquire whether he or she, 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 shall be found by such justices that the person so brought before them was born in either of the isles of Jersey or Guernsey, and hath not gained any settlement in England, and that he or she hath actually become chargeable to the complaining parish, by himself or herself, or his or her family, then such justices shall and they are hereby empowered, by an order of removal under their hands and seals, to cause such poor person, his wife, and such of his or her children so chargeable, as shall not have gained a settlement in England, to be removed, by and at the charge and expence of the complaining parish, to the place of his or her birth. [No. II.] 1 W. IV. c. 18.—An Act to explain and amend an Act of the Sixth Year of His late Majesty King George the Fourth, as far as regards the Settlement of the Poor by the renting and Occupation of Tenements. [30th March 1831.] WHEREAS by an act passed in the sixth year of the reign of his late Majesty George the fourth, intituled An Act for the Amendment of the Law respecting the Settlement of the Poor, as far as regards renting Tenements and paying Parochial Taxes, it was among other things enacted, That no person shall acquire a settlement in any parish or township (1) See also the 3 and 4 W. 4, c. 40, post. maintaining its own poor by or by reason of settling upon, renting, No. II. or paying parochial rates for any tenement not being his or her own 1 W. 4, c. 18. property, unless such tenement shall consist of a separate and distinct dwelling house or building, or of land, or of both, bona fide rented by such person in such parish or township, at and for the sum of ten pounds a year at the least for the term of one whole year; nor unless such house or building, or land, shall be occupied under such yearly hiring, and the rent for the same to the amount of ten pounds actually paid for the term of one whole year at the least: provided always, that it shall not be necessary to prove the actual values of such tenements; any thing in any act or acts, or any construction of or implication from any act or acts, or any usage or custom, to the contrary notwithstanding: And whereas doubts have arisen with respect to the intentions of the legislature concerning the occupation of such house, building, or land by the person hiring the same, and concerning the amount of the rent to be paid and the person paying the same: And whereas it is expedient that such doubts should be removed; be it therefore enacted, &c., That from No person and after the passing of this act no person shall acquire a settlement in shall acquire any parish or township maintaining its own poor, by or by reason of a settlement by reason of a such yearling hiring of a dwelling house or building, or of land, or of yearly hiring of both, as in the said act expressed, unless such house or building, or land, a tenement, or shall be actually occupied under such yearly hiring in the same parish of land, unless or township, by the person hiring the same, for the term of one whole he shall acyear at the least, (1) and unless the rent for the same, to the amount of tually occupy ten pounds at the least, shall be paid by the person hiring the same. II. Provided always, That where the yearly rent shall exceed ten pounds, payment to the amount of ten pounds shall be deemed sufficient for the purpose of gaining a settlement under the said recited act. No. III.] 1 & 2 W. IV. c. 42.—An Act to amend an Act of the Fifty-ninth Year of His Majesty King George the Third for the Relief and Employment of the Poor. [Inserted ante, Part II, Class III.] [No. IV.] 1 & 2 W. IV. c. 59.-An Act to enable Churchwardens and Overseers to inclose Land belonging to the Crown for the Benefit of Poor Persons residing in the Parish in which such Crown Land is situated. [Inserted ante, Part II, Class III.] [No. V.] 2 W. IV. c. 42.-An Act to authorize (in Parishes inclosed under any Act of Parliament) the Letting of the Poor Allotments in small portions to Industrious Cottagers. the same. Payment to the amount of 101. shall gain a settlement. (1) Under this statute no settlement is gained by occupying the same tenement for a continuous year, the occupation during part of the year being under one hiring for a year, and during the remainder under another hiring for a year. Rex v. Inhabitants of Banbury, 1 Ad. & E. 136; 3 N. & M. 292. If a tenement has been hired, and the occupation of it has commenced less than a year before the passing of the above act (30th March, 1831), the occupation to give a settlement must satisfy the requisites of the statute. If a person hiring a tenement, underlet any part, he has not the actual occupation of it within the terms of this act, if there be any exclusive occupation given by such underletting. And the smallness of the part underlet, and of the rent paid for it, and the shortness of the term for which it is underlet make no difference. The King v. Inhabitants of St. Nicholas, Colchester, 2 Ad. & E, 599; 4 Nev. & M. 447, S. C.; and see 5 B. & Ad. 219. So much of 17 G. 2, c. 5, 59 G. 3, c. 12, and 5 G. 4, c. 83, as relates to the removal of poor persons born in Scot land and Ireland, repealed. Justices at ses sea or land, of chargeable poor born in Scotland or Ireland, &c. at expence of complaining parish. [No. VI.] 3 & 4 W. IV. c. 40.-An Act to repeal certain Acts relating to the Removal of poor Persons born in Scotland and Ireland, and chargeable to Parishes in England, and to make other Provisions in lieu thereof, until the First Day of May one thousand eight hundred and thirty-six, and to the End of the then next Session of Parliament. [14th August 1833.] WHEREAS it is expedient to amend the laws relative to the removal of poor persons born in Scotland and Ireland, the isles of Man and Scilly, and chargeable to parishes in England, and to make other provisions in lieu thereof: Be it therefore enacted, &c., That from and after the first day of January one thousand eight hundred and thirty-four, so much of an act passed in the seventeenth year of the reign of king George the second, intituled An Act to amend and make more effectual the Laws relating to Rogues and Vagabonds, and other idle and disorderly persons, and to Houses of Correction, as relates to passing vagrants to Scotland and Ireland, and the isles of Man and Scilly; and also so much of an act passed in the fifty-ninth year of the reign of king George the third, intituled An Act to amend the Laws for the Relief of the Poor, as relates to the removal of poor persons born in Scotland and Ireland who have become chargeable to parishes in England; and also so much of an act passed in the fifth year of the reign of his late Majesty king George the fourth, intituled An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds, in that Part of Great Britain called England, as relates to the removal of poor persons born in Scotland and Ireland, and being chargeable to parishes in England, shall be and the same are hereby repealed. II. That from and after the said first day of January one thousand sions may order eight hundred and thirty-four it shall be lawful for two justices of the removal, by peace, and they are hereby authorized and required, upon the complaint of the churchwardens and overseers of the poor of any parish, township, or other place maintaining its own poor, that any person born in Scotland or Ireland, or in the isle of Man or Scilly, hath become chargeable to such parish, township, or other place maintaining its own poor, by himself or herself, or his or her family, to cause such person to be brought before them, and to examine such person and any other witness or witnesses on oath touching the place of the birth or last legal settlement of every such person, and to inquire whether he or she, 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 shall be found by such justices that the person so brought before them was born in either Scotland or Ireland, or the isle of Man or Scilly, and hath not gained any settlement in England, and that he or she hath actually become chargeable to the complaining parish, township, or other place maintaining its own poor, by himself or herself, or his or her family, then such justices shall and they are hereby empowered, by an order of removal under their hand and seals, in the form in the schedule hereunto annexed, to cause such poor person, his wife, and such of his or her children so chargeable, as shall not have gained a settlement in England, to be removed, by sea or land, in such manner as may have been directed by the justices at quarter sessions assembled in and for the county, city, borough, town corporate, division, or liberty in which the said parish, township, or other place maintaining its own poor may be situate, by and at the charge and expence of the complaining parish, to Scotland or Ireland, or the isle of Man or Scilly, respectively, according as such poor person, or his or her family, shall belong to Scotland, Ireland, or the isle of Man or Scilly, the charge and expence whereof shall be repaid, in manner herein-after mentioned, to such complaining parish, township, or other place maintaining its own poor, out of the county rate raised and levied in the county, city, borough, town corporate, division, or liberty in which such parish shall Expence to be repaid by county, &c. in which com plaining parish is situate. be situate. No. VI. 3 & 4 W. 4, III. That the justices of the peace of every county, riding, city, borough, town corporate, division, or liberty are hereby authorized and required, at the general or quarter sessions of the peace holden in and for c. 40. such county, riding, city, borough, town corporate, division, or liberty next after the passing of this act, or some adjournment thereof, and from Justices at sestime to time thereafter, at their general or quarter sessions, or adjourn- sions to direct ment thereof, to direct in what manner, and whether by sea or land, or how parties part of the way by land and part by sea, such poor person, his wife and shall be rechild or children, removable under the provisions of this act by the moved. churchwardens and overseers of any parish, township, or place maintaining its own poor within such county, riding, city, borough, town corporate, division, or liberty, shall be removed. execution. IV. That the justices of the peace of every county, riding, city, bo- Justices at rough, town corporate, division, or liberty shall and may and they are quarter sessions hereby required, at the general or quarter sessions of the peace to be to make rules, holden in and for such county, riding, city, borough, town corporate, &c. for carrydivision, or liberty next after the passing of this act, or some adjourn- ing this act into ment thereof, and from time to time thereafter, at their general or quarter sessions, or adjournment thereof, to make such orders, rules, regulations, and directions for the more effectually carrying the provisions of this act into execution as they in their discretion shall think proper; which orders, rules, regulations, and directions shall from time to time be observed and submitted to by all justices of the peace, overseers, churchwardens, constables, and other persons concerned in or charged with the removal of such poor person, his wife, child, or children as aforesaid, within such county, riding, city, borough, town corporate, division, or liberty. V. That in case the churchwardens and overseers of the parish, town- Churchship, or place maintaining its own poor, on whose complaint such order wardens, &c. of removal shall be made as aforesaid, shall bring or send to the clerk of to be repaid the peace or town clerk of the county, riding, city, borough, town corpo- expences out of rate, division, or liberty in which such parish, township, or place main- county rate. taining its own poor shall be situate, such order of removal, accompanied with an affidavit sworn before some justice of the peace of such county, riding, city, borough, town corporate, division, or liberty, (who is hereby authorised to administer the same,) of the amount of the expences bona fide incurred and paid by such churchwardens and overseers on account of the removal of such poor person, his wife, child or children as aforesaid, and also a statement of the several items comprised in such amount, such clerk of the peace or town clerk is hereby required to lay the same before the justices of the peace assembled at the quarter sessions, or adjournment thereof, held in and for such county, riding, city, borough, town corporate, division, or liberty, next after he shall have received the same; and the said justices so assembled as aforesaid are hereby authorized and required to order the amount thereof to be paid out of the county rate raised and levied in such county, riding, city, borough, town corporate, division, or liberty; provided that on the removal of such poor person, his wife, child or children as aforesaid, the orders, rules, regulations, and directions of the said justices, made as herein-before mentioned, have been duly complied with. within London. VI. That all such charges and expences as aforesaid, which shall be How expences properly and reasonably made for the purposes aforesaid out of any such to be defrayed parish rates within the city of London, shall by such parish or extra- of removing parochial place maintaining its own poor, or parish next adjoining to poor persons such extra-parochial place, be charged against the said city of London, and being audited and allowed by the justices of the said city of London, assembled at any quarter sessions or adjourned sessions of the peace in or for the said city of London, shall thereupon by the chamberlain of the said city of London be repaid to the overseers or guardians of the poor of the said parish or extra-parochial place maintaining its own poor, or parish next adjoining to such extra-parochial place, for the benefit thereof; for which purpose a rate or assessment shall be made by the |
