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nfely be executed, without danger to .my person who it fa subject thereof; which suspension of, and <tt'-.sequent periwsioo to execute the same, shall be respectively indorsed (I) on the said order of removal and signed by such justices.
/. t •
Bat no act done by any such poor person continuing to rendeiauy parish, township, or place, under the suspension-of my such order, shall be effectual, either in the whole or in part, f»r the purpuso of giving him a settlement in the same. t.f «■• « .
Alio in case any order of removal obtained for the removal filmy unmarried woman with child shall be suspended for any
(I) The form of such suspension of the order of removal,
Whereas if appear! unto its, F J and S J, etqrs. the juslicet riku mentioned, that the within named PP is at present unU travel by reason of sickness'and great infirmity o f body; vtHeiaid justices do therefore, in pursuance of the statute in tittkkalf made and provided, hereby suspend the execution of **rtr'ii order of removal, and you the churchwardens and ameers of the pool* 'of the parish of A are hereby commanded inienst from conveying tlie within named PPfrom and out tfjm 'mid parish of A to the within mentioned parish , of B, wiftfjliw shall make it appear unto us • the said justices, that tk tvU P P hath recovered from his said illness, and may with, vtt danger be conveyed from the said parish"bfi\'lo the said
ftoukof B, as is within directed.- Given under our
ufcthu day of
^p'ttteh ini-MT J i ' •>'■- F. J. 1
■■■ u^ S.' J."
an to execute the order of removal after a "suspension.
i^erias U duly appears to us, F J and S J, esqrs. the above fdisiihin named juttices, that the above mentioned P P it -Wlj recovered from the sickness and infirmity of body under "hkbhe lately laboured, and that he may therefore n rc be "myt&from the nkhin mentioned parish of A to the vithin rMtmtdparish of B without danger: these are therefore to ''ikoriseandrequifb you the churchwardens and overseers of
>ndparhh of A forthwith to convey the saidV V from and 4 o/jiwr taid parish of A to the said parish of B, and him to *iii!ei\t» the churchwardens and overseers of the poor there, as
>*arevithin directed to do. Given uud'er our hands, this
* day of
J F. J.
of the reasons before mentioned, and during such suspension tha said woman shall be delivered of any child which by the laws of this kingdom shall be a bastard, every such bastard child shall be dermed to be settled in the same parish, township, or place, in which -was the legal settlement of the mother at the time of her dtlivery. *. 6. Ckarg" incur- And the charges proved upon oath to hare been incurred hy *pd bv ^'"a'j,") 0108 suspension of any order of removal, may by the said jus. bj°beparish. f'ees ^e 4"reote^ to be paid by the churchwardens and overseers of the parish or place to w hich such poor person is ordered to be removed, in ease any removal shall take place, or iu caso of the death of such poor person before the execution of such On der. t. 2.
And if the churchwardens or overseers of the parish, town, ship or place, to which the order of removal shall be made, or any or either of them, shall, upon the removal or death of such poor person ordered to bo removed, refuse or neglect to pay the said charges within three days after demand thereof, »nd ^hall not within Ihe same time give notice of appeal as is hereinafter mentioned, it shall be lawful for one justice, by warran! under his hand and seal, to cause the money mentioned in suet order to be levied by distress aod sale of the goods and chattels of the person or persons so refusing or neglecting payaes of the same, ami also .-uch costs atteiulir.a the same, out cxc*i log forty shillings, as such jiuticcshall direct; and if the paiiil township, or place, to which the removal is made, or was ordirei to be made, before the death of such person as aforesaid, b without the jurisdiction of the juitice issuing the wairail then such warrant shall be transmitted to any justice hat ing jurisdiction within such parish, township, or place, whi npon receipt thereof is to indorse the same for execution.* s. 1 If eo»t» exceed But if the sum so ordered to be paid on account of sue JOt.npiKnlmav costs exceed the sum of twenty pounds, the party aggrieved n be nude to the appeal to the next gencn.l or quarter sessions, as they may t| ?."*?Cragainst an order of removal; anil if the sessions shall be ■ opinion that the sum so awarded he more than of right oui^'u! t have been directed to be paid, such court may strike out j
* -And it is peremptory upon the magistrate, under those circ.i stances, to indorse the warrant: he cannot refuse it for he liasn' i' to do with the propriety of making the original order, or granlii'.£ original warrant he acts merely ministerially: the justices ii whom the original order and warrant is issued a discretion IpW cise upon the matter submitted to them, out the magistrate 7 merely indorses the warrant of another under this act. is not am" able for the legality of it, w hicli remains at Ihe hazard of him who l\ granted it ; Ths, Court therefore in this rn»e granted a mandarin": magistrate of the county of Ksser commanding him to bac!v a warra: distress issued by the magistrates of the borough of Colchc>ter for th: pences ii.cuned by the parish of Lex< en,\a the maintain^ree aod sop,' of a pauper and his family and surgical assistance during the rasptaroJ an order of removal under this clau»o and 30j. for charges of the levy. K*v. Kynaden, Mic. lley. 117.
* of the poor of the parish or town from which he wu r
* moved,to be levied by distress and sale of the offender's good
* by warrant of any justice, directed to the constable of t 'parish or town where such offender dwells, rendering the on 'plus; and for want of sufficient distress, then the justice sh
* commit the offender to the common gaol for forty da; 'But it is provided, that persons who think themselves aggrii 'ed by any such judgment of the said two justices, may i 'peal to the next general quarter sessions of the county ft 'whence the person was so removed.' $. 10.
r«nonj irre- &"* ^9 " Geo. 3, c. 84,' no gatekeeper of any tump
moveable. 'road, or Person Renting The Tolls thereof, and residin
'any toll-house belonging to the trustees, shall be remove:
'from such toll-house by the order of any justices, in pursu;
4 of any laws now in being for the relief or regulation of
* poor, unless he shall become actually chargeable to the p. 'or place in which such toll.house is situated/ t. 50.
Also by 42 Geo. 1. c. 44, all Officers, Mariners, Soldiers who have at any time been employed in his m ty's service since his accession to the throne, and not dese may set up and exercise such trade as they are apt for, is town or place within Great Britain or Ireland (excepi ford and Cambridge), notwithstanding the stat. 5 Elk. c. and if they shall be sued thereupon, they shall havedoubl*. i s. 1 & 2.
And by 9 Geo. 3. c. 8, with regard to officers, mar soldiers, and mariners, who have served since November 1748, extended by 24 Geo. 3. test. 2. c. 6.) to those who served since the 1st April 1703, it is enacted as follows;
All such officers, mariners, soldiers, and marines, wb been at any time employed in the service since the 391 of November 1748 (or since the first day of April 176 Geo. 3. test. 2. c. 0)and have not since deserted the said si and all such person who previous to 35 Geo. 3. c hare served an apprenticeship to the art, mystery, or 11 a wool-comber, or who are by law, entitled to excro same, 35 Geo. 3. c. 124) ; and alse their wives and cb may set up and exercise such trades as they are apt and *vl
obey an act of parliament is indictable, unless another is provided; which there is not in this case.* Saver' 103. 1 Bott, Const-s ed. 300.
t Sec title Apprentices, head *nr.
* It was contended, that the indictment would not lie, bccau'i
4 IVill. fc Mar. c. 11, had provided another remedy; but t b
said, that the provision of this statute, only applied to case
the removal was to a place out of the jurisdicliou oft he justice
. . Ceiul's ed. 800.
And it may moreover be observed, that by the express the stat. of Car. 8, the justices may bind over "the offender to aes or sessions, there to be indicted for his default.
k toy town or place within this kingdom (except Cambridge and Oxford), without any let, suit, or molestation by reason of the usin» of such trade; 'nor shall such officers, mariners, 'soldiers, or marines, or their wires or children, during the '(fine they shall exercise such trades, be removeable from such 'rapecfivc places to their last legal place of settlement, by vir1 tut of any law now in being relative to the settlement of the 'poor, until they shall become actually chargeable to such pa. 'rish or placeand if they be sued they shall bare double costs. iGee.3. c. S.t. 1. 21 Geo. 3. tets. 2. c. 6. s. 13. 35 Geo. 3. c lit 1.1, 3.
'And it shall be lawful for any two justices for the county 'or place, where they shall setup and exercise any trade as 'aforesaid, to cause such officer, mariner, soldier, or marine, • or woolcomber, to be summoned before them in the town or 1 place where they exercise such trade as aforesaid, in order to> 'make oath of the place of his last legal settlement; and they are 1 to obey such summons, and to make oath accordingly; and 'wet justices arc to give an attested copy of such athtlavit so 'aide before them, to the person making the same, in order 'tk he may produce it when required; which attested copy 'sWiatany time be admitted as evidence, as to such last legal 'settlement, before any general or quarter sessions of the peace/ 3 Geo. s.c. 8. ». 2.24 Geo. 3. tets. 2. c. 0. *..2. 35 Geo. 3. £. 324. f. 2.
'And in case any such officer, mariner, soldier, or marine shall 'again be summoned to make oath as aforesaid, then, on such 'attested copy of the oath by him formerly taken being produced 'br aha, or by any other person on his behalf he shall not be ob'liged to take any other oath with regard to his settlement, but 'shall leave a copy of such attested copy of bis examination, if 'required.' 3 Geo. 3. c. 8. *. 3. 24 Geo. 3. tets. 2. c. 6. t. 3.
And the act 24 Geo. 3. tets. 2. c. 6. shall extend ' to alt 'officers and soldiers who have been drawn by ballot, and have 'personally served in the militia, or auy of the fencible regi'meats, from 1st April 1763, for the term of three years, and 'have been honourably discharged.' 24Gtfo. 3. sest. 1. c. 6.s. 3.
Also by 20 Geo. 3. c. 107, ' every person haviug served in 'titemuTJA when drawn out into actual service, being a mar. 'riedman, may set up and exercise any trade in any town or 'place within Great Hritain, without any let, suit, or molestation, with the same provisions, and under the same regulations, 'and with the like exceptions to the two universities,as 'any nia'fineror soldier can do by virtue of the 22 Geo. 2. c. -14; and no 'web. Dfilitia-man shall be liable to be removed out of any such 'town or place until ho is become chargeable to the parish.'*'. 131.
In the case of the K. v. the Inhabitants ef Gweno-p, Uil. 29 Geo. 3, it was conteuded, that the privilege given by this clause of the stat. 26 Geo. 3. c.107. extends to all persons whatsoever who have served in the militia and are married, whether suck ptfttmi are in trade, or only labourers, and consequently