« PreviousContinue »
tl at labourers in husbandry, and like persons who ha served in the militia and arc married, arc irremovcable ut they become chargeable, in like manner as tradesmen i prcssly are. But Tiik Court were unanimously of opinii that the clause relates to persons in trade only, and not common labourers, who cannot suffer the same inconve enecs as the former, for they can easily find cmploym wherever they may happen to be: yet if a militia-man who served goes to a town for the purpose of setting up a trade th( he cannot b« removed before he has set up that trade; because who is privileged to reside in a place, is privileged ingoing- ti for that purpose. 3 Term Rep. 133.
Also by 33 Geo. 3. c. 51, 'No member of any Benefit Sc 'I Ty, established in pursuance of this act*, who shall reside 'any parish, township, or place, not having a legal settlcn 4 there, or who shall come to inhabit there, and shall del 4 to the churchwardens or overseers, or to any of them, a
* tificate under the bauds of the stewards, presidents, ward •or treasuiers of such society, or two of them, attested by 'witness, thereby acknowledging the person mentioned in ■ 'certificate to be a member of such society, shall, during 'time he shall continue to be such member, be removeable 1 'any parish or place where such certificate hath been delive 'to the place of his last legal settlement, until he'shall bec 4 actually chargeable, or forced to ask relief for himself or f
* h .or for some part thereof, of the parish or place to which
* certificate was delivered, and then, and not before, such p«
* with his family, not having, otherwise acquired a legal M
* sent there, may be removed to the last legal place of s« 1 merit, according to the poor laws now in being.' s. 17.
'Hut such certificate shall express the places of abode o
* persons signing and attesting the same; and one of the
* nesses attesting the same shall make oath before a justices •county where such a society shall be established, that such
* ness did see the persons whose, names are thereunto set,
* rally sign the same, and that the name of such witness is < 'own proper hand.writing, which said justice shall also . ■ 'that such oath was made before him; and every such certi 4 so made, and oath of the execution thereof so certified b
* justice, shall be allowed in all courts as proved, and I.ik
* evidence without other proof.' s. 18.
4 Also it shall be lawful, upon complaint made by the ch
* wardens and overseers to any justice or justices of the
* for such justice T or justices to cause such person to be
* See title FniESBr.T Sorn Tics.
-I Although a single justice has authority under thin clause to i summons, in order to the parly's being examined,-yet as *uch iualiun and the adjudication thereon must be by two justices, it most adviscable for this purpose, either for urn-justice to issue: Hums returnable before himself and another justice j or fy^ ^ tiers to issue their joint precept in the first instance.
1 der the authority of this act, or in removing them Tjack to 'the place to which they belong, after they shall hare become
* actually chargeable, or asked relief, such overseers shall be
* reimbursed by the overseers of the parish to which such per
* sons belong, the charges being first ascertained and allowed
* of by one justice residing near the place where they shall be 'incurred; to be levied, in case of non-payment, by distress and 1 sale of the goods of such overseers, by warrant under the
* hand and seal of such justice.' s. 26.
1 And no member of any such society, who shall reside in any 'parish or place under this act, shall have, or be deemed to
* have acquired any settlement there, by delivery and publi. 1 cation of any notice in writing, unless the same shall be made
* after he shall cease to be a member of such society, and after
* the revocation of his said certificate.' *. 22.
'And no member who shall so reside, and shall be assessed 4 towards any of the rates, taxrs, or levies of the place, and 'shall duly pay the same, shall thereby have any legal settle
* mcnt in such place.' s. 23.
'And no person who shall be an apprentice, or a hired scr. 1 vant, to any person who did come into any parish or 'place, under the authority of this act, and not afterwards ha*.
* ing gained a legal settlement there, shall gain any settlement 'in such places by reason of such apprenticeship, or binding, 1 hiring or serving therein; but all such apprentices ami 'servants shall have their settlements in such parish or place,
* as if they had not beeu bound or hired to such person.' ». 24.
'And every child which shall be born a bastard in any pa.
* rish or place during the mother's residence therein under this 'act, shall have the same settlement which the mother has
'the time of the birth of such child.' *. 25.
But note, that the actual necessity of bringing a certij from the parish in which the party is settled, owning him to be an inhabitant legally settled there, or of bringing any certificate under the other acts to prevent his removal, is now done away by the Stat. 35 Geo. 3. c. 101. s. 1, which expressly enacts that no poor person shall be removed before he shall have become actually chargeable.
II. Of parochial certificates and their effect.
By 13 Sf 14 Car. 2. c. 12, it shall be lawful, upon complainl 'made by the churchwardens and overseers, to any justice < within forty days after any person shall come to settle it 'any tenement under the yearly value of 10/. for any two jus« ticesof the peace (1 Qu). to remove Such person to sue!
* parish -where he was last legally settled, unless he give su!.
* cient security for the discharge of the said parish, fo'lje allow
* ed by the said justices.' *. 1. ....
* But it shall be lawful for any person to go into any ocur. 1 ty, parish, or place, to work in time of harvest, or at 'any time to work at any other work, so that he carry with 'him a Certificate* from the minister of the parish, and one 'of the churchwardens and one of the overseers, that he hare 'a dwelling house or place in which he inhabits, and hath left 'wife and children, or some of them, there (or otherwise, as 'the condition of the person shall require), and is declared an 1 inhabitant there: and in such case, if the person shall not (return to the place aforesaid, when his work is finished, or 'shall fall sick or impotent whilst in the said work, it shall 'sot be accounted a settlement, bat it shall be lawful for two 'justices to conrey the said person to the place of his habita1 Bod..' *. 3.
And by 8 & 9 li ill. 3. c. 30, It Is Recited, that, Forasench as many poor persons, chargeable to the place where ttey live, merely for want of work, would in any other place where sufficient employment is to be had, maintain themselves ud families, without being burthensome to any place, ' but 'not being able to give such security as may be expected,' upta their comin? to settle themsebes in any other place, and in Certificates that have been usually given in such cases taring been oftentimes construed into a notice in hand.writBg, they are for the most part confined to live in their own parishes, and not permitted to inhabit elsewhere, though their labour is wanted in many other places, where the increase of manufactures would employ more hands: It is Therefore Ebuctid, That 'if any person who shall come into any 'parish or place, there to reside, shall at the same time pro* 'care, bring, and deliver to the churchwardens or overseers 'of the parish or place where they shall come to inhabit, or 'to any of them, A Certificate^ under the hands and seals 'of the churchwardens and overseers of any other parish, 1 township, or place, or the major part of them, or under 'the hands and seals of the overseers, where there arc no 'churchwardens, to be attested by two or more credible wit. 1 neises, thereby owning and acknowledging the person men. 'tkraed in the said certificate to be an inhabitant legally set'tied in that parish, township, or place, every such ceitificate 'hating been allowed of, and subscribed by two justices of the 'county or liberty, from whence such certificate shall come, 'shall oblige the said parish or place to receive and provide for 'the person mentioned in the said certificate, together with his 'or her family, as inhabitants of that parish, whenever they 1 shall happen to become chargeable to, or be forced to ask 'relief of the parish, township, or place to which such certifi1; and then, and not before, it shall be lawful
• The stat. S3 Geo. S. c. 54, relating to certificates from benefit dabs, it inserted under the preceding head. + For this form of th • certificate, see Iht precedentt under Head V* for such person, and his or her children, though bora in that
* parish, not having otherwise acquired a legal settlement there, 'to be removed, conveyed, and settled in the parish or place 'from whence such certificate was brought.' *. 1.
'And by 9 & 10 Will, 3. c. }1, no person who shall cooie
* into any parish by any such certificate as aforesaid, shall be
* adjudged by any act whatsoever to have procured a legal set.
* tlcment in such parish, unless he shall really and bona fide take 'a lease of a tenement of the value of ten pounds; or shall exe. 'cute sonic annual office in such parish, being legally placed in < such oilice.'
• Also by 12 Ann, c. 18, if any person shall be an appren.
* tice bound by indenture, or be a hired servant to any person, 'who did come into, or shall reside in any parish, township, or 'place, by means or licence of such certificate, and not after. 'wards having gained a legal settlement there; such appren.
* tire or servant shall not gain or be adjudged to have any set.
* tlement in such parish, township or place: but shall hare 'their settlement in such place, as if they had not been
* apprentices or servants to such persons as aforesaid.' ». 2.
'And by 3 Geo. 2. c. 29, the witnesses who attest the Cm
* cution of such certificates by the churchwardeos or overseers, 'or one of the said witnesses, shall make oaiii before the jus. 'tices who arc to allow the same, that such witness or wit.
* ucsscs did sec the churchwardens or overseers, whose names
* and seals arc thereunto subscribed and set, severally sign and
* seaSthe said certificate, and that the names of such.witnesses 'attesting the said certificates are of their own proper hand. 'writing; which said justices shall also certify that such oath
* was made before them, and every certificate so allowed, and 4 oath of the execution thereof so certified by the said justices,
* shall be Liken, deemed, and allowed, in all courts as duly and 'fully proved, and shall be taken and received as evidence *, f without other proof thereof.' s. 8.
'And when any overseer of any parish or place, or other
uirenn ck«ll 1 1
. j.i. nan ui iJiace, or otfier
4 person, shall remove back any persons, or their families,.re* 'siding in such parish or place, or sent thither by certificate.
* and becoming chargeable as aforesaid to the parish, or place
• to which such person shall belong, such overseers or otker 'persons shall be reimbursed such reasonable charges as ihey 4 may have been put unto in maintaining and removing such per4 sons, by the churchwardens or overseers of the parish or 'place to which such persons are removed, the said charges 4 being first ascertained and allowed of by one justice for the 'county, or place to which such removal shall be made; which 4 charges, so ascertained and allowed, .shall, in case of refusal of
* Fhait be taken and rereived an evidence.] This is, as it seems, in order to save the trouble and expencc of bringing; up witnesses from Ci-laul and remote pari*, to pro-.e the execution.