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Charges incurred by suspen sion to be paid by the parish.

of the reasons before mentioned, and during such suspension th said woman shall be delivered of any child which by the law of this kingdom shall be a bastard, every such bastard chil shall be deemed to be settled in the same parish, township, place, in which was the legal settlement of the mother at th time of her delivery. s. 6.

And the charges proved upon oath to have been incurred b such suspension of any order of removal, may by the said ju tices be directed to be paid by the churchwardens and overse of the parish or place to which such poor person is ordered be removed, in case any removal shall take place, or in case the death of such poor person before the execution of such der.

5. 2.

And if the church wardens or overseers of the parish, to ship or place, to which the order of removal shall be made, any or either of them, shall, upon the removal or death of s poor person ordered to be removed, refuse or neglect to the said charges within three days after demand thereof, shall not within the same time give notice of appeal as is he after mentioned, it shall be lawful for one justice, by wa under his hand and seal, to cause the money mentioned in order to be levied by distress and sale of the goods and tels of the person or persons so refusing or neglecting pay of the same, and also such costs attending the same, not ex ing forty shillings, as such justice shall direct; and if the township, or place to which the removal is made, or was of to be made, before the death of such person as aforesal without the jurisdiction of the justice issuing the wa then such warrant shall be transmitted to any justice ing jurisdiction within such parish, township, or place. upon receipt thereof is to indorse the same for execution. But if the sum so ordered to be paid on account o 201. appeal may costs exceed the sum of twenty pounds, the party aggrieve be made to the appeal to the next general or quarter sessions, as they against an order of removal; and if the sessions shall opinion that the sum so awarded be more than of right_o have been directed to be paid, such court may strike o

If costs exceed

quarter ses

sions.

And it is peremptory upon the magistrate, under those stances, to indorse the warrant: he cannot refuse it for he has to do with the propriety of making the original order, or gran original warrant he acts merely ministerially: the justices in whom the original order and warrant is issued have a discretion cise upon the matter submitted to them, but the magistr merely indorses the warrant of another under this act, is not able for the legality of it, which remains at the hazard of him granted it; THE COURT therefore in this case granted a ménd magistrate of the county of Essex commanding him to back a w distress issued by the magistrates of the borough of Colchester to pences incurred by the parish of Lexden, in the maintainar.ee an of a pauper and his family and surgical assistance during the sus an order of removal under this clause and 30s, for the wa charges of the levy. K. v. Kynaston, Mic. Ter. 41 Gea, 3. Rep. 117.

am contained in the said order, and insert the sum which in their judgment ought to be paid; and in every such case the said court shall direct that the said order so amended shall be carried into execution by the justices by whom it was originally made, or in case of the death of either of them, by such other astices as the court shall direct.

8. 2.

'And if such person shall refuse, to go, or shall not remain in such parish where he ought to be settled as aforesaid, but shall return of his own accord to the parish from whence he was removed, it shall be lawful for any justice where the said offence shall be committed, to send such person to the house of correction, there to be punished as a vagabond, or to the public workhouse, there to be kept to work and labour.' 14 Car. 2. c. 12. s. 3.

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And it is further enacted by 17 Geo. 2. c. 5, that all per' who shall unlawfully return to such parish or place from whence they have been legally removed by order of two justi cs, without bringing A CERTIFICATE from the parish or place whereto they belong, shall be deemed TOLE AND DISORDERLY Hes; and any justice may commit such offenders (being eres convicted before him by his own view or by their For confession, or on the oath of one witness) to the house of correction, there to be kept to hard labour for any time not exceeding one month.'. s. 1.

Also if the churchwardens and overseers of the parish to which he shall be removed, refuse to receive such persons, and provide work for them as other inhabitants of the parish, any ice of that division may bind any such officer in whom there l be default, to the assizes or sessions, there to be indicted contempt. 13 & 14 Car. 2. c. 12.

And by 3 Will. & Mar. c. 11, if any person be removed e county, riding, city, town corporate or liberty to ano." by warrant of two justices, the churchwardens or overof the parish or town to which the said person shall be removed, are required to receive the said person; and if he they shall refuse so to do, he or they so refusing or neglect. Cepon proof thereof by two witnesses upon oath before er justice of the place, to which the said person shall be so ved) shall forfeit for each offence FIVE POUNDS *to the use

Skall forfeit 51. An indictment will also lio for not repauper removed by an order of two justices.-Thus 7. Davis and another, Mic. 28 Geo. 2, the defendants cted for not receiving a pauper sent to them by order astices and they were found guilty upon their trial. Ben was made in arrest of judgment, as not being an le matter. But judgment was atfirmed; for a power vering a pauper being given to two justices by the 13 & c. 12, the not receiving him is a disobedience of that e, for which an indictment will lie; for whoever refuses to FOL IV.

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Persons irremoveable.

of the poor of the parish or town from which he was re'moved, to be levied by distress and sale of the offender's goods, by warrant of any justice, directed to the constable of the 'parish or town where such offender dwells, rendering the overplus; and for want of sufficient distress, then the justice shall 'commit the offender to the common gaol for forty days. 'But it is provided, that persons who think themselves aggrier. ed by any such judgment of the said two justices, may ap 'peal to the next general quarter sessions of the county from whence the person was so removed.' s. 10.

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But by 13 Geo. 3, c. 84, no gatekeeper of any turnpik 'road, or PERSON RENTING THE TOLLS thereof, and residing i any toll-house belonging to the trustees, shall be removeab 'from such toll-house by the order of any justices, in pursuan ' of any laws now in being for the relief or regulation of t poor, unless he shall become actually chargeable to the par or place in which such toll-house is situated.' s. 56.

Also by 22 Geo. 2. c. 44, all OFFICERS, MARINERS, SOLDIERS who have at any time been employed in his ma ty's service since his accession to the throne, and not deser may set up and exercise such trade as they are apt for, in town or place within Great Britain or Ireland (except ford and Cambridge), notwithstanding the stat. 5 Eliz. c. 4 and if they shall be sued thereupon, they shall have double c s. 1 & 2.

And by 3 Geo. 3. c. 8, with regard to officers, marit soldiers, and mariners, who have served since November: 1748, extended by 24 Geo. 3. sess. 2. c. 6.) to those who served since the 1st April 1763, it is enacted as follows;

All such officers, mariners, soldiers, and marines, who been at any time employed in the service since the 29th of November 1748 (or since the first day of April 1763 Geo. 3. sess. 2. c. 6)and have not since deserted the said ser and all such person who previous to 35 Geo. 3. C. have served an apprenticeship to the art, mystery, or tra a wool-comber, or who are by law, entitled to exercis same, 35 Geo. 3. c. 124); and also their wives and chil may set up and exercise such trades as they are apt and abl

obey an act of parliament is indictable, unless another re is provided; which there is not in this case.* Sayer's 163. 1 Bott, Const's ed. 300.

+ See title APPRENTICES, head. xiv.

* It was contended, that the indictment would not lie, because 4 Will. & Mar. c. 11, had provided another remedy; but the said, that the provision of this statute, only applied to cases the removal was to a place out of the jurisdiction of the justice. Const's ed. 300.

And it may moreover be observed, that by the express w the stat. of Car. 2, the justices may bind over the offender to zes or sessions, there to be indicted for his default.

is any town or place within this kingdom (except Cambridge and Orford), without any let, suit, or molestation by reason of the using of such trade; nor shall such officers, mariners, 'soldiers, or marines, or their wives or children, during the 'time they shall exercise such trades, be removeable from such 'respective places to their last legal place of settlement, by vir 'tue of any law now in being relative to the settlement of the 'poor, until they shall become actually chargeable to such pa'rish or place;' and if they be sued they shall have double costs. 3 Geo. 3. c. 8. s. 1. 21 Geo. 3. sess. 2. c. 6. s. 13. 35 Geo. 3. 124. s. 1, 3.

And it shall be lawful for any two justices for the county for place, where they shall set up 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 'place where they exercise such trade as aforesaid, in order to 'make oath of the place of his last legal settlement; and they are to obey such summons, and to make oath accordingly; and such justices are to give an attested copy of such ailidavit so 'made before them, to the person making the same, in order 'that he may produce it when required; which attested copy 'shall at any time be admitted as evidence, as to such last legal 'settlement, before any general or quarter sessions of the peace.' 3 Geo. 3. c. 8. s. 2. 24 Geo. 3. sess. 2. c. 6. s.. 2. 35 Geo. 3. c. 124. s. 2.

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'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 by him, or by any other person on his behalf he shall not be obliged to take any other oath with regard to his settlement, but shall leave a copy of such attested copy of his examination, if *required. 3 Geo. 3. c. 8. s. 3. 24 Geo. 3. sess. 2. c. 6. s. 3. And the act 24 Geo. 3. sess. 2. c. 6. shall extend to all 'officers and soldiers who have been drawn by ballot, and have personally served in the militia, or any of the fencible regi'ments, from 1st April 1763, for the term of three years, and "have been honourably discharged.' 24 Geo. 3, sess. 2. c. 6.3.3. Also by 26 Geo. 3. c. 107, every person having served in "the MILITIA when drawn out into actual service, being a married man, may set up and exercise any trade in any town or place within Great Britain, 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 mariner or soldier can do by virtue of the 22 Geo. 2. c. 44; and no such cailitia-man shall be liable to be removed out of any such town or place until he is become chargeable to the parish.'s.131. In the case of the K. v. the Inhabitants of Gwenop, Hil. 29 Ges. 3, it was contended, 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 such persons are in trade, or only labourers, and consequently

that labourers in husbandry, and like persons who have served in the militia and are married, are irremoveable until they become chargeable, in like manner as tradesmen expressly are. BUT THE COURT were unanimously of opinion, that the clause relates to persons in trade only, and not to common labourers, who cannot suffer the same inconveniences as the former, for they can easily find employment wherever they may happen to be: yet if a militia-man who has served goes to a town for the purpose of setting up a trade there, he cannot be removed before he has set up that trade; because he who is privileged to reside in a place, is privileged in going there for that purpose. 3 Term Rep. 133.

Also by 33 Geo. 3. c. 54, 'No member of any BENEfit soci. 'ETY, established in pursuance of this act*, who shall reside in 6 any parish, township, or place, not having a legal settlement there, or who shall come to inhabit there, and shall deliver to the churchwardens or overseers, or to any of them, a certificate under the hands of the stewards, presidents, wardens, " or treasurers of such society, or two of them, attested by one witness, thereby acknowledging the person mentioned in such 'certificate to be a member of such society, shall, during the 'time he shall continue to be such member, be removeable from any parish or place where such certificate hath been delivered, to the place of his last legal settlement, until he shall become actually chargeable, or forced to ask relief for himself or fami ly,or for some part thereof, of the parish or place to which such ⚫ certificate was delivered, and then, and not before, such person with his family, not having, otherwise acquired a legal settlement there, may be removed to the last legal place of settlement, according to the poor laws now in being.' s. 17.

But such certificate shall express the places of abode of the persons signing and attesting the same; and one of the wit nesses attesting the same shall make oath before a justice of the county where such a society shall be established, that such wit. ❝ness did see the persons whose names are thereunto set, seve rally sign the same, and that the name of such witness is of his own proper hand-writing, which said justice shall also certify that such oath was made before him; and every such certificate 6 so made, and oath of the execution thereof so certified by the justice, shall be allowed in all courts as proved, and taken as <evidence without other proof.'

s. 18.

• Also it shall be lawful, upon complaint made by the churchwardens and overseers to any justice or justices of the place where such person shall reside, or come to reside under this act, ❝ for such justice + or justices to cause such person to be sum.

See title FRIENDLY SOCIETIES.

+ Although a single justice has authority under this clause to issue summons, in order to the party's being examined, yet as such examination and the adjudication thereon must be by two justices, it seems, most adviseable for this purpose, either for one justice to issue a sum mons returnable before himself and another justice; or for two jas tices to issue their joint precept in the first instance.

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