No. VII.

c. 76.

which each such owner shall be entitled, the aggregate amount of the assessment for the time being of any property belonging to such owner 4 & 5 W. 4, in such parish, or on any person or persons in respect of the same, to the poor rate, shall be deemed to be and be taken as the annual value of such property to such owner; and where any such owner shall be the bona fide occupier of any such property, he shall be entitled to vote as well in respect of his occupation as of his being such owner: Provided Votes may be always, That it shall be lawful for any owner from time to time, by given by proxy. writing under his hand, to appoint any person to vote as his proxy; and every such appointment shall remain in force until revoked or recalled by such owner; but no owner shall be entitled to vote, either in person or proxy, unless he shall, previous to the day on which he shall claim to vote, have given a statement in writing of his name and address, and the description of the property in the parish as owner whereof, or proxy for the owner whereof, he claims to vote, and if such proxy, the original or an attested copy of the writing appointing him such proxy, to the overseers of such parish; and the said overseers are hereby required to enter in the rate books of such parish, or in some other book to be from time to time provided for that purpose, the names and addresses of the owners and proxies who shall send such statements, and the assessment of the rate for the relief of the poor of the property in respect whereof they respectively claim to vote: Provided also, That every person who shall not vote, or who shall not comply with the directions to be made by the said commissioners for the giving, taking, or returning of votes, shall be omitted in the calculation of votes, and considered as having had no vote on the question whereon he might have voted: Pro- No rate-payer vided also, That no person shall be deemed a rate-payer, or be entitled to vote unless to vote, or do any other act, matter, or thing as such, under the provi- rated one year. sions of this act, unless he shall have been rated to the relief of the poor for the whole year immediately preceding his so voting or otherwise acting as such rate-payer, and shall have paid the parochial rates and assessments made and assessed upon him for the period of one whole year, as well as those due from him at the time of so voting or acting except such as shall have been made or become due within the six months immediately preceding such voting or acting: Provided always, That in cases of property belonging to any corporation aggregate, or to any joint stock or other company, no member of such corporation, or proprietor of or interested in such joint stock or other company, shall be entitled to vote as such owner in respect thereof; but any officer of such corporation, joint stock, or other company, whose name shall be entered by the direction of the governing body of such corporation or company in the books of the parish, in the manner herein-before directed with respect to the owner of property, shall be entitled to vote in respect of such property in the same manner as if he were the owner thereof.

made accord

ing to the provisions of this

XLI. That all elections of guardians, visitors, and other officers, for Elections of the execution of any of the powers or purposes of the said recited act guardians, visimade and passed in the twenty-second year of the reign of his said late tors, and other Majesty king George the third, intituled An Act for the better Relief and officers under Employment of the Poor, or of any local act of parliament relating to the act 22 G. 3, poorhouses, workhouses, or the relief of the poor, or any act to alter or c. 83, or any amend the same respectively, shall hereafter, so far as the said commis- local act to be sioners shall direct, be made and conducted according to the provisions of this act: Provided always that it shall be lawful for the said commissioners, if they shall so think fit, from time to time, with the consent of the majority of the owners of property and rate-payers of any parish, or of any union now existing or to be formed under the provisions of this act, to alter the period for which the guardians to be appointed under the provisions of this act for such parish or union, or any of them, would under the provisions of this act hold office, for such other period or periods as to the said commissioners, with such consent as aforesaid, shall seem expedient, and also to make such alterations in the number, mode

act.

No. VII.

4 & 5 W. 4, c. 76.

Commissioners may make

rules, &c. for present or future workhouses, and vary bye laws already in force

or to be made hereafter.

Rules, &c. affecting more than one union to be deemed

general rules.

Justices empowered to see bye laws enforced, and to

visit workhouses, pursuant to

of appointment, removal, and period of service of the guardians, or any of them, of any parish, or of any union now existing or to be formed under the provisions of this act, as to the said commissioners, with such consent as aforesaid, shall seem expedient.

XLII. That the said commissioners may and are hereby authorized, by writing under their hands and seal, to make rules, orders, and regulations, to be observed and enforced at every workhouse already established by virtue of the said recited act made and passed in the twentysecond year of the reign of his said late Majesty king George the third, intituled An Act for the better Relief and Employment of the Poor, or any general or local act of parliament, or hereafter to be established by virtue of such acts or of any of them, or of this or any other act of parliament relating to the relief of the poor, for the government thereof, and the nature and amount of the relief to be given to and the labour to be exacted from the persons relieved, and the preservation therein of good order, and from time to time to suspend, alter, vary, amend, or rescind the same, and make any new or other rules, orders, and regulations, to be observed and enforced as aforesaid, as they from time to time shall think fit, and to alter, at their discretion, any of the rules, orders, and regulations contained in the schedule to the said recited act, and also to alter or rescind any rules, orders, and regulations heretofore made in pursuance of the said recited act, or any local act of parliament relating to workhouses or the relief of the poor; and that all rules, orders, and regulations to be from time to time made by the said commissioners under the authority of this act shall be valid and binding, and shall be obeyed and observed as if the same were specifically made by and embodied in this act; subject, nevertheless, to the said power of the said commissioners from time to time to rescind, amend, suspend, or alter the same Provided always, that if any such rule, order, or regulation shall be, at the time of issuing the same, directed to and affect more than one union, the same shall be considered as a general rule, and subject and liable to all the provisions in this act contained respecting gene

ral rules.

XLIII. That where any rules, orders, or regulations, or any bye laws, shall be made or directed by the said commissioners to be observed or enforced in any workhouse, it shall and may be lawful for any justice of the peace acting in and for the county, place, or jurisdiction in which such workhouse shall be situate, to visit, inspect, and examine such workhouse at such times as he shall think proper, for the purpose of as30 G. 3, c. 49. certaining whether such rules, orders, regulations, or bye laws are or have been duly observed and obeyed in such workhouse, as well as for such other purposes as justices are now authorized to visit workhouses under and by virtue of a certain act made and passed in the thirtieth year of the reign of his said late Majesty king George the third, intituled An Act to empower Justices and other Persons to visit Parish Workhouses or Poorhouses, and examine and certify the State and Condition of the Poor therein to the Quarter Sessions; and if in the opinion of such justice such rules, orders, regulations, or bye laws, or any of them, have not been duly observed and obeyed in such workhouse, it shall be lawful for such justice to summon the party offending in such respect to appear before any two justices of the peace to answer any complaint touching the non-observance of such rules, orders, regulations, and bye laws, or any of them, and upon conviction before such two justices of the party so offending such party shall forfeit and be liable to such penalties and punishments as are herein-after prescribed and provided against parties wilfully neglecting or disobeying the rules, orders, or regulations of the said commissioners: Provided always, that where no such rules, orders, regulations, or bye laws shall have been directed by the said commissioners to be enforced and observed in the workhouse of any parish, nothing in this act contained shall be construed to restrain or prevent any justice of the peace, houses reserved physician, surgeon, or apothecary, or the officiating clergyman of any parish, from visiting such workhouse, and examining and certifying the missioners rules, &c. are not in force.

The power given to justices, &c. to visit work

where com

No. VII.

state and condition of the same and of the poor therein, in such manner as they or any of them are authorized to do in and by the said last-re- 4 & 5 W. 4, cited act.

c. 76.

XLIV. Whereas the jurisdiction of certain cities, boroughs, and corporate towns is not always co-extensive with the parish in which it ex- Buildings taken ists; be it therefore enacted, That every house or building which shall for workhouses be erected, purchased, or hired as and for a workhouse, together with to be within the all premises and appurtenances thereto belonging, and the land or lands jurisdiction of occupied therewith, shall be deemed and held to be within and subject the place to to the local jurisdiction of such incorporated city, borough, or town to which they belong, though which they may respectively belong, though the same may be situated situated in such part of the respective parishes as may not be within the char- without.

tered boundaries thereof.

XLV. That nothing in this act contained shall authorize the detention No lunatic, inin any workhouse of any dangerous lunatic, insane person, or idiot, for sane person, or any longer period than fourteen days; and every person wilfully detain- dangerous idiot, ing in any workhouse any such lunatic, insane person, or idiot, for more to be detained than fourteen days, shall be deemed guilty of a misdemeanor: Provided always, that nothing herein contained shall extend to any place duly li- more than 14 censed for the reception of lunatics and other insane persons, or to any days. workhouse being also a county lunatic asylum.

in a workhouse

unions;

XLVI. That it shall be lawful for the said commissioners, as and when Commissioners they shall see fit, by order under their hands and seal, to direct the over- may direct seers or guardians of any parish or union, or of so many parishes or overseers and unions as the said commissioners may in such order specify and declare guardians to to be united for the purpose only of appointing and paying officers, to appoint paid appoint such paid officers with such qualifications as the said commis- officers for sioners shall think necessary for superintending or assisting in the ad- parishes or ministration of the relief and employment of the poor, and for the examining and auditing, allowing or disallowing of accounts in such parish or union, or united parishes, and otherwise carrying the provisions of this act into execution; and the said commissioners may and they are hereby and fix their empowered to define and specify and direct the execution of the re- duties, and the spective duties of such officers, and the places or limits within which the mode of apsame shall be performed, and direct the mode of the appointment and pointment and determine the continuance in office or dismissal of such officers, and the dismissal, and amount and nature of the security to be given by such of the said officers the security; as the said commissioners shall think ought to give security, and, when and regulate the said commissioners may see occasion, to regulate the amount of sal- their salaries. aries payable to such officers respectively, and the time and mode of payment thereof, and the proportions in which such respective parishes or unions shall contribute to such payment; and such salaries shall be chargeable upon and payable out of the poor rates of such parish or union, or respective parishes, in the manner and proportions fixed by the said commissioners, and shall be recoverable against the overseers or guardians of such parish or union, or parishes, by all such ways and means as the salaries of assistant overseers or other paid officers of any parish or union are recoverable by law; and all such payments shall be valid, and shall be allowed in the accounts of the overseers or guardians paying the same.

XLVII. That every overseer, treasurer, or other person having the Overscers, &c. collection, receipt, or distribution of the monies assessed for the relief of to pass acthe poor in any parish or union, or holding or accountable for any counts quar balance or sum of money, or any books, deeds, papers, goods, or chat- terly. tels relating to the relief of the poor, or the collection or distribution of the poor rate of any parish or union, shall once in every quarter, in addition to the annual account now by law required, and where the rules, orders, and regulations of the said commissioners shall have come in force, then as often as the said rules, orders, and regulations shall direct, but not less than once in every quarter, make and render to the guardians, auditors, or such other persons as by virtue of any statute or custom, or of the said rules, orders, or regulations, may be appointed to ex

No. VII.

4 & 5 W. 4, c. 76.

Recovery of balances.

Surety not to be discharged.

Masters of workhouses and parish officers to be

under order of board, and removable by

them.

Contracts not to be valid unless conformable to the rules

of commissioners.

Repeal of

45 G. 3, c. 54, as to contracts.

amine, audit, allow, or disallow such accounts, or in default of any such guardian, auditor, or other person being so appointed as aforesaid, then to the justices of the peace at their petty sessions for the division in which such parish or union shall be situate, a full and distinct account in writing of all monies, matters, and things committed to their charge, or received, held, or expended by them on behalf of any such parish or union, and if thereunto required by the justices, guardians, auditors, or other persons authorized in that behalf, shall verify on oath the truth of all such accounts and statements from time to time respectively, or subscribe a declaration to the truth thereof, in manner and under the penalties in this act provided for parties giving false evidence or refusing to give evidence under the provisions of this act; and all balances due from any guardian, treasurer, overseer or assistant overseer, or other person having the control and distribution of the poor rate, or accountable for such balances, may be recovered in the same manner as any penalties and forfeitures are recoverable under this act: Provided nevertheless, that no such proceeding shall exonerate or discharge the liability of the surety of any such treasurer, overseer, assistant overseer, or other person as aforesaid.

XLVIII. That the said commissioners may and they are hereby authorized and empowered, as and when they shall think proper, by order under their hands and seal, either upon or without any suggestion or complaint in that behalf from the overseers or guardians of any parish or union, to remove any master of any workhouse, or assistant overseer, or other paid officer of any parish or union whom they shall deem unfit for or incompetent to discharge the duties of any such office, or who shall at any time refuse or wilfully neglect to obey and carry into effect any of the rules, orders, regulations, or bye laws of the said commissioners, whether such union shall have been made or such officer appointed before or after the passing of this act, and to require from time to time the persons competent in that behalf to appoint a fit and proper person in his room; and that any person so removed shall not be competent to be appointed to or to fill any paid office connected with the relief of the poor in any such parish or union, except with the consent of the said commissioners under their hands and seal: Provided always, that no person shall be eligible to hold any parish office, or have the management of the poor in any way whatever, who shall have been convicted of felony, fraud, or perjury.

XLIX. That any contract which shall be entered into by or on behalf of any parish or union, for or relating to the maintenance, clothing, lodging, employment, or relief of the poor, or for any other purpose relating to or connected with the general management of the poor, which shall not be made and entered into in conformity with the rules, orders, or regulations of the said commissioners in that behalf in force at the time of making and entering into the same, or otherwise sanctioned by them, shall be voidable, and, if the said commissioners shall so direct, shall be null and void; and all payments made under or in pursuance of any contract not made and entered into in conformity with such rules, orders, or regulations, at any period after the said commissioners shall have declared the same to be null and void as aforesaid, shall be disallowed in passing the accounts of the overseer, guardian, or other officer by whom such payments shall have been made.

L. That from and after the passing of this act a certain act made and passed in the forty-fifth year of the reign of his said late Majesty king George the Third, intituled An Act to amend an Act made in the Ninth Year of King George the First, for amending the Laws relating to the Settlement, Employment, and relief of the Poor, so far as the same respects Contracts to be entered into for the Maintenance and Employment of the Poor, shall be and the same is hereby repealed: Provided always, that nothing in this act contained shall extend or be construed to extend to affect or make void any bond or other security which shall have been entered into or given before the passing of this act, under or in pursuance of the provisions of the said act hereby repealed!

LI. That so much of a certain act made and passed in the fifty-fifth No. VII. year of the reign of his said late Majesty king George the third, intituled 4 & 5 W. 4, An Act to prevent poor Persons in Workhouses from embezzling certain c. 76. Property provided for their Use; to alter and amend so much of an Act of the Thirty-sixth Year of His present Majesty as restrains Justices of the The penalty Peace from ordering relief to poor Persons in certain Cases for a longer imposed by Period than One Month at a Time; and for other Purposes therein men- 55 G. 3, c. 137, tioned, relating to the Poor, as inflicts a penalty on persons having the on persons management of the poor if concerned in providing or in any contract for having the management the supply of any goods, materials, or provisions for the use of of the poor house or workhouses, or otherwise for the support or maintenance of the being concernpoor for their own profit, and all remedies for the recovery of such pen- ed in any conalties, shall apply and the same are hereby extended and made applicable tract extended to every commissioner, assistant commissioner, guardian, treasurer, mas- to persons apter of a workhouse, or other officer to be appointed under the provisions pointed under of this act.

any work

this act.

LII. And whereas a practice has obtained of giving relief to persons Commissioners or their families who, at the time of applying for or receiving such relief, to regulate the were wholly or partially in the employment of individuals, and the relief relief to able of the able-bodied and their families is in many places administered in bodied paupers modes productive of evil in other respects: And whereas difficulty may and their fami arise in case any immediate and universal remedy is attempted to be lies out of the applied in the matters aforesaid; be it further enacted, That from and workhouse. after the passing of this act it shall be lawful for the said commissioners, by such rules, orders, or regulations as they may think fit, to declare to what extent and for what period the relief to be given to able-bodied persons or to their families in any particular parish or union may be administered out of the workhouse of such parish or union, by payments in money, or with food or clothing in kind, or partly in kind and partly in money, and in what proportions, to what persons or class of persons, at what times and places, on what conditions, and in what manner such out-door relief may be afforded; and all relief which shall be given by Relief conany overseer, guardian, or other person having the control or distribu- trary to their tion of the funds of such parish or union, contrary to such orders or regulations to regulations, shall be and the same is hereby declared to be unlawful, and be disallowed: shall be disallowed in the accounts of the person giving the same, subject to the exceptions herein-after mentioned: Provided always, That in But overseers case the overseers or guardians of any parish or union to which such may delay the orders or regulations shall be addressed or directed shall, upon consi- operation of deration of the special circumstances of such parish or union, or of any such regulaperson or class of persons therein, be of opinion that the application and tions under enforcing of such orders or regulations, or of any part thereof, at the der special cirtime or in the manner prescribed by the said commissioners, would be cumstances, inexpedient, it shall be lawful for such overseers or guardians to delay and make re the operation of such orders or regulations, or of any part thereof, for port thereof to commissioners. any period not exceeding the space of thirty days, to be reckoned from the day of the receipt of such orders or regulations; and such overseers or guardians shall, twenty days at the least before the expiration of such thirty days, make a statement and report of such special circumstances to the said commissioners; and all relief which shall be given by such overseers or guardians, before an answer to such report shall have been returned by the said commissioners, if otherwise lawful, shall not be deemed unlawful although the same shall have been given contrary to such orders or regulations, or any of them; but in case the If commissionsaid commissioners shall disapprove of such delay, or think that for the ers disapprove future such orders or regulations ought to come into operation, notwith- of delay, they standing the special circumstances alleged by such overseer or guardian, may fix a day it shall be lawful for the said commissioners, by a peremptory order, to from which all direct that from and after a day to be fixed thereby such orders and re- such relief gulations, or such parts or modifications thereof as they may think shall be disexpedient and proper, shall be enforced and observed by such overseers and guardians; and if any allowance be made or relief given by such

allowed.