The Statutes at Large (Ruffhead)/Volume 5/Poor Relief Act 1722

by Parliament of Great Britain

Layout 2

Cap. VII.

An act for amending the laws relating to the settlement, imployment and relief of the poor.

(3 & 4 W. &M. C 11. s.11.) Whereas by an act of parliment, made and passed in the third and fourth reign of thier late majesties King William and Queen Mary, it was provided, That in every parish a book or books should be kept, wherein the names of all persons who did or might recive collections should be registered, with the time when they were first admitted to such relief, an the ocassion which brought them under that necessity; and that no cuh paraish should be allowed to have or recive collections at the charge of the parish, but by authority, or under the hand of one justice of peace residing in such parish, or if none there dwelling, in the parts near or next adjoining or by order of the justices at thier quarter-sessions, except in case of pesstilential diseases, plauge or small pox: and whereas under colour of the proviso in the said act, many perosns have applied to some justices of peace, without the knowledge of any officers of the parish and thereby, upon untrue suggestions, and sometimes upon false or frivolous pretences, have obtained relied, which hath greatly contributed to to the the increase of the parish-rates: for remedy whereof, be it enacted by the Kings most excellent Majesty, by and with the advice and consent of the lords spritiual and temporal and commons, in this present parliament assembled, and by the authority of the same, No poor to be relived till oath made of a reasonable cause That from and after the twenty fifth day of March which shall be in the year of our Lord one thousand seven hundred and twenty three, no justice of peace shall order relief to any poor person dwelling in any parish, until oath be made before such justice of some matter which he shall judge to be a reasonable cause or ground for having such relief, and that the same person had by himself, herself or some other, applied for relief to the parishioners of the parish, at some vestry or other publick meeting of the said parishioners, or to two of the overseers of the poor of such parish, and was by them refused to be relived, and until such justice hath summoned two of the overseers of the poor to shew cause why such relief should not be given, and the person so summoned hath been heard or made default to appear before such justice; any thing in the said proviso or any law to the contrary notwithstanding.

or longer than the cause continues II. And be it further enacted by the authority aforesaid, That the person whom such Justices of peace shall think so to order be relived, shall be entered in such book or books to be kept by the parish, as one of those who is to receive collection, as long as the cause for such relief continues, and no longer; and that no officer of any parish shall (except upon sudden ad emergent occasions) bring to the account of thier parish (indechirable) monies he shall give to any poor person of the same parish, who is not registered in such book or book to be kept by the said parish, as a person entitled to recive collection, on pain of forfieting the sum of five pounds, to be levied by distress and sale, warrant of any tow or more justices of the peace os the same (indechirable), who shall have examined into and found him gulity of the offence; which said sum shall be applied to and for the use of the poor of the said parish, by direction of the said justice or justices of the peace.

Justices dwelling out of county, may grant warrants, &c. III. And for the greater ease of justices of the peace, who his Majesty or his successor hath or shall comission authorise to act as a justice of the peace for any county of this realm; be it enactwed by the authority aforesaid, That for any such justice of peace shall happen to dwell in any city, or other precinct that (is) a county of itself, situate within the county at large, for which (they) shall be appointed justice of the peace, although not within the county, it shall and may be lawful for any such justice of peace to grant warrants, take examinations, and make orders for (such) matters, which any one or more justice or justices of the peace may act in, at his own dwelling house, altho' such dwelling house may be out of the county where he is authorized to act as justice of the peace, and in some city or other precinct adjoining, (which) is a county of itself; and that all such warrants, orders and (other) act or acts of any justice of peace, and the act or acts of any (?table),tithingman,headborough, overseer of the poor, (fur?) of the highways or other officer, in obedience to an such (warrant) or order, shall be as valid, good and effectual in law, though it happen to be out of the limits of the proper precinct or authority : provided always, That nothing in this act (contended) shall extend to give power to the justices of peace for the counties at large, to hold thier general quarter-sessions of the peace in the cites or towns which are counties of themselves, or to impower the justices of peace, sheriffs,baliffs,constables, headboroughs,tithingmen, borsholders or any other peace officers of the counties at large, to act of intermeddle in any matter or thing arising within the cites or tons which are counties of themselves, but that all such actings and doings shall be of the same force and effect in law and none other, as if this act had never been made.

Churchwarden's &c. may purchase,&.c houses to lodge or employ the poor in. IV. And for the greater ease or parishes in the relief of the poor, be it enacted by the authority aforesaid, That it shall and may be lawful for the curchwardens and overseers of the poor in any parish, town,township or place with the consent of the major part of the parishoners or inhabitants of the the same parish town,township or place in vestry or other parish or publick meetinf for that purpose assembled, or of so many of them as shall be assembled, upon usual notice thereof first given, to purchase or hire any house or houses in the same parish, township or place, and to contract with any person or persons for the lodging, keeping, maintaining and employing of any or all such poor in thier respective parishes, townships or places, as shall desire to recive relief or collection from the same parish and there to keep,maintain and employ all such poor persons and take the benefit of the work,labour and service of any such poor person or persons, who shall be kept and maintained in any such house or houses, for the better maintenance and relief of such poor person, who shall be there kept or maintained.;poor refusing to be lodged, &.c are not entitled to reliefand in case any poor person or persons or any parish, town or township or place, shall refuse to be lodged, kept or maintained in such house or houses, such poor person or person so refusing, shall be put out of the book or books where he the names of the persons, who ought to recive collection in the said parish,town,township or place, are to be registered, and shall not be entitled to ask or recive collection or relief from the churchwardens and overseers of the poor of the same parish, town or township; One parish, &c. being too small and where any parish,town or township shall be too small to purchase or hire such houses for the poor of their own parish only, it shall be and may be lawful for two of more such parishes,towns or townships or place, with the consent of the major part of the parishioners or inhabitants of thier respective parishes, town, townships or places, in vestry of other parish or publick meeting for that purpose assembled, or of so many of them shall be assembled, upon usual notice thereof first given, and with the approbation of any justice of peace dwelling in or near any such parish,town or place, signified under his hand and seal, to unite in purchasing,hiring, or taking such houses for the lodging, keeping and maintaing of the poor of the several parishes, townships or places so uniting, and there to keep, maintain and employ the poor of the respective parishes so uniting, and to take and have benefit of the work,labour or service of any poor there kept, maintained and employed; and that if any poor person or persons in the respective parishes, townships or places so uniting shall refuse to be lodged, kept and maintained in the house, hired or taken for such uniting parishes,townships or places he,she or they refusing, shall be put out of the collection book where his or her or thier names were reigstered and shall not be entitled to ask or demand relief or collection from the churchwardens and overssers of the poor in thier respective parishes;Churchwardens &.c of one parish may contract with those of another, &c.) and that it shall be and may be lawful for the churchwardens and overseers of the poor of any parish,township or place, with the consent of the major part of the parishioners or inhabitants of the said parish, township or place where such house ot houses is,are, or shall be purchased or hired for the purposes aforesaid, in vestry or other parish or publick meeting, for that purpose assembled, or of so many of them as shall be assembled, upon the usual notice thereof first given. to contract eith the churchwardens and overseers of any other parish,township or place for the lodging, maintaining or employing of any poor person or persons of such other parish, township or place as to them shall seem meet; and in case any poor person or persons of such other parish, township or place, shall resufe to be lodged,maintained and employed in such house or houses, he,she or they refusing, shall be put out of the collection-book of such other parish, township or place , where his,her or thier names were registered and shall not be entitled to ask, demand or receive any relief or collection from the church-wardens and overseers of the poor of his,her or thier respective parish, toenship or place: settlement to be as before removal provided always that no poor persons, his, her or thier apprectince, child or children shall acquire a settlement in the parish, town or place to which me,she or they are removed by virtue of this act, but that his,her or thier settlement, shall be and remain in any parish,town or place, as it was before such removal;anything in this act to the contrary nothwithstanding.

Settlement, how to be acquired by purchaseV. And be it further enacted by the authority aforesaid, that from and after the twenty fifth day of March which shall be in the year of our Lord one thousand seven hundred and seventy three, no person or persons shall be deemed, adjudged or taken, to acquire or gain any settlement in any parish or place, for or by virture of any purchase of any estate or interest in such parish or place, whereof the consideration for such purchase shall not smount to the sum of thirty punds, bona fide paid, for any longer or further time than such person or persons shall inhaibt in such estate, and shall then be liable to be removed to such parish or place, where such person or persons were last legally setlled, before the said purchase and inhabitancy therin.

Paying taxes to the scavanger, gains no settlement. VI. And be it further enacted by the authorty aforesaid, That no person or persons whatsoever, who from and after the twnty fifth day of March in the year of or Lord one thousand seven hundred and twenty three, shall be taxed rated or assessed to the scavanger or repairs of the highway, and shall duly pay the same, shall be deemed or taken to have any legal settlement in any city, parish, town or hamlet, for or by reason of his , her or thier paying such scavenger's rate or repairs of the highway as aforesaid; any law to the contrary in any wise notwithstanding.

Justice of St Peter and Hundred or Nassborough in Northamptonshire may determine appealsVII. And whereas their was a clause in the statute made in the eighth and ninth years of his late majesty King William the Third, intitled, An Act for the supplying some defects in the law for the relief of the poor of this kingodm 8 & 9 W. 3 c. 30, wherby it was enacted, That after the first day of May one thousand six hundred ninety seven, all appeals against any order for the removing of any poor persons, should be heard at the quater-sessions of the county or division wherein the parish or place, from whence such person should be removed, doth lie, and not elsewhere, except the liberty of Saint Albans, be it enacted by the authority aforesaid, That it shall and may be lawful for the justices of the peace, within the liberty of the borough of Saint Peter and hundred of Nassaborough in the county of Northampton, to hear and determine all appeals to them made, against any order made for removal of any poor person, in thier quarter-sessions, as they might have done before the making of the said last mentioned act; any thing therein or in this present act contained to the contrary thereof in any wise notwithstanding.

Reasonable notice is to be given of appealsVIII. And whereas several disputes and controversies have arisen and been concerning the time of notice to be given of appeals from orders of removals of poor persons, to prevent the same, as much may be for the future, be it enacted by the authority aforesaid, That from and after the said twenty fifth day of March one thousand seven hundred and twenty three, no appeal or appeal from any order or orders of removal of any poor person or persons whatsoever from any parish or place to another, shall be proceeded upon in any court or quarter-sessions, unless reasonable notice be given by the church wardens or overseers of the poor of such parish or place, who shall make such appeal, unto the church-wardens or overseers of the poor of such parish or place, from which such poor person or persons, shall be removed, the reasonableness of which notice shall be determined by the justices of the peace at the quarter-sessions, to which the appeal is made; and if it shall appear to them that reasonable time of notice was not given, then they shall adjourn the said apperance to the next quarter-sessions, and then and there finally hear and determine the same.

Justices, how to relieve the appellant on undue removals IX. And for preventing vexatious removals, be it further enacted by the authority aforesaid, That from and after the twenty foruth day in June in the year of our Lord one thousand seven hundred and twenty three, if the justices of the peace shall, at thier quarter sessions, upon an appeal before them there had concerning the settlement of any poor person, determine in favour of the appellant, that such poor person or persons was or were unduly removed, that then the said justices shall, at the same quarter-sessions, order and award to such appellant so much mony, as ahll appear to the said justices to have been reasonably paid by the parish,or other place, on whose behalf such appeal was made for ot towards the relief of cuh poor person or persons, between the time of such undue removal, and the determination of such appeal; the said money so awarded to be recovered in the same manner, as costs and charges upon an appeal are prescribed to be recovered by the said statute maid in the ninth year of his late majesty King William the Third intituled An Act for supplying some defects in the laws for the relief of the poor of this Kingdom8 & 9 W. 3. C.30)