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of the reasons before mentioned, and during such suspension the 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 deemed to be settled in the same parish, township, or place, in which was the legal settlement of the mother at the
time of her delivery. S. 6. . . Charges incur. And the charges proved upon oath to have been incurred hy sed by uspon, such suspension of any order of removal, may by the said jus. e parish. tices be directed to be paid by the church wardens and overseers
of the parish or place to wloich such poor person is ordered to be removed, in case any removal shall take place, or jo caso of the death of such poor person before the execution of such or, der. S. 2.
And if the church wardens 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 persoð ordered to be removed, refuse or neglect to pay the said charges within three days after demand thereof, and shall not within the same time give notice of appeal as is bereisafter mentioned, it shall be lawful for one justice, by warrant under his hand and seal, to cause the money mentioned in soch order to be levied by distress and sale of the goods and cbat, tels of the person or persons so refusing or neglecting paymen of the same, and also such costs attending the same, vot exceed ing forty shillings, as such justice shall direct; and if the paris township, or place to which the removal is made, or was ordere to be made, before the death of such person as aforesaid, without the jurisdiction of the justice issuing the warrant then such warrant shall be transmitted to any justice has ing jurisdiction within such parish, township, or place, wh
upon receipt thereof is to indorse the same for execution. s. If costs exceed But if the sum so ordered to be paid on account of suc 201. appcal may costs exceed the sum of twenty pounds, the party aggrieved ma be made to the appeal to the next general or quarter sessions, as they may quarter ses.
against an order of removal; and if the sessions shall be opinion that the sum so awarded be more than of right ougüt have been directed to be paid, such court may strike out a
* And it is peremptory upon the magistrale, under those circu stances, to indorse the warrant: he cannot refuse it for he has nothi to do with the propriety of making the original order, or granting! original warrant he acts merely ministerially: the justices indeed whom the original order and warrant is issued tave a discretion to ex cise upon the matter submitted to them, but the magistrate merely indorses the warrant of another under this act, is not ans able for the legality of it, which reinains at the bazard of him who granted it ; THE COURT therefore in this case granted a mondamus! magistrate of the county of Essex commanding bim to back a warran distress issued by the magistrates of the borough of Colchester for the pences incurred by the parish of Lexien, in the maintainar.ee and Supe of a pauper and his family and surgical assistance during the suspeasio an order of removal under this clause and 30s. for the warrant charges of the levy. K. V. Kynaston, Mic. Ter. 41 Geo, 3. 144 Rep. 117.
"Dan 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 care ried into execution by the justices by whom it was originally made, or in case of the death of either of them, by such other justices 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.' 13 14 Car, 2, c. 12. s. 3. And it is further enacted by 17 Geo. 2. c. 5, that all persons who shall unlawfully return to such parish or place from whence they have been legally removed by order of two justi.
, without bringing A CERTIFICATE from the parish or place thereto they belong, shall be deemed DLE AND DISORDERLY PERSONS; and any justice may commit such offenders (being thereof convicted before him by his own view or by their own confession, or on the oath of one witness) to the house of correction, there to be kept lo hard labour for any time not exceeding one month.' s. 1.
Also if the church wardens and overseers of the parish to which he shall be removed, refuse to receive such persons, and to provide work for them as other inhabitants of the parish, any justice of that division may bind any such officer in whom there shall be default, to the assizes or sessions, there to be indicted for his contempt. 13 & 14 Car. 2. c. 12.
And by 3 Will. & Mar. c. 11, if any person be removed from one county, riding, city, town corporate or liberty to ano. ther, by warrant of two justices, the church wardens or over. sters of the parish or town to which the said person shall be 10 removed, are required to receive the said person; and if he or they shall refuse so to do, he or they so refusing or neglect. "ing (apon proof thereof by two witnesses upon oath before any justice of the place, to which the said person shall be so removed) shall forfeit for each offence FIVE POUNDS *to the use
Shall forfeit 51.] An indictmeot will also lie for not receiving a pauper removed by an order of two justices.---Tbus In the k. 1. Davis and another, Mic. 28 Geo. 2, the defendants Mere indicted for not receiving a pauper sent to them by order oltwo justices and they were found guilty upon their trial. A motion was made in arrest of judgment, as not being an indictable matter. But judgment was affirmed; for a power of renøring a pauper being girch to two justices by the 13 & 24 Car. 230. 12, the pot receiving him is a disobedience of that statute, for which an indictment will lie ; for whoever refuses to
Persons irre. moreable.
of the poor of the parish or town from which he was 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 ore
plus; and for want of sufficient distress, then the justice sb commit the offender to the common gaol for forty da But it is provided, that persons who think themselves aggri ed by any sach judgment of the said two justices, may peal to the next general quarter sessions of the county fr whence the person was so removed,' s. 10.
But by 13 Geo. 3, c. 84, no gatekeeper of any turnp broad, or PERSON RENTING THE TOLLS thereof, and residin 6 any toll-hoose belonging to the trustees, shall be remove: from such toll-house by the order of any justices, in pursuz
of any laws now in being for the relief or regulation of • poor, unless he shall become actually chargeable to the pa 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 m ty's service since his accession to the throne, and not dese may set up and exorciso such trade as they are apt for, in town or place within Great Britain or Ireland (excep ford and Cambridge), notwithstanding the stat. 5 Eliz. c. and if they shall be oued thereupon, they shall havodoublo s. 1 & 2.
And by 3 Geo. 3. c. 8, with regard to officers, mar soldiers, and mariners, who have served since Novom der 1748, extended by 24 Geo. 3. sess. 2. c. 6.) to those who served since the 1st April 1763, it is enacted as followe-;
All such officers, mariners, soldiers, and marines, wh been at any time employed in the service since the 291 of Notember 1748 (or since the first day of April 176 Geo. 3. sess. 2. c. 6)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 to a wool.comber, or who are by law, ontitled to exerci same, 35 Geo. 3. c. 194); and also their wives and ch may set up and exercise such trades as they are apt and al
obey an act of parliament is indictable, unless another is provided; which there is not in this case.* Sayer 103. 1 Bott, Const's ed. 300.
+ See title APPRENTICES, head. xiv. * It was contended, that the indictment would not sie, becaus 4 Will. & Mar. c. 11, had provided another remedy but.th said, that the provision of this statute, only applied to cas
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 the stat. of Car. 2, the justices may bind over the offender to zes or sessions, there to be indicted for his default.
in 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.
Geo. 3. c. 8, s. 1. 21 Geo. 3. sess. 2. c. 6, s. 13. 35 Geo. 3. 6 121. 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 sych trade as aforesaid, in order to make oath of the place of his last legal settlement; and they are to obey such suinmons, and to make oath accordingly; and such justices are to give an attested copy of such a lidavit 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.
"And in case any such officer, mariner, soldier, or marine shall again be summoned to make oath as aforesaid, then, on such Sattested copy of the oath by him formerly taken being produced by him, 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 sball 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. 6. 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 auy 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 haviog served in the MILITIA when drawn out into actual service, being a mar. ried 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 ma. 'riner or soldier can do by virtue of the 22 Geo. 2. c. 44; and no Afsuch cilitia-man shall be liable to be removed out of any such town or place until he is become chargeable to the parishi's.131.
lu the case of the K. v, the Inhabitants of Gwenop, Fil. 29 Geo. 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 ha served in the militia and are married, are irremoveable ur they become chargeable, in like manner as tradesmen pressly are. But the Court were unanimously of opinie that the clause relates to persons in trade only, and not common labourers, who cannot suffer the same inconve ences as the former, for they can easily find employm 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 thi he cannot be removed before he has set up that trade; because who is privileged to reside in a place, is privileged in going th for that purpose. 3 Term Rep. 133.
Also by 33 Geo. 3. c. 54, No member of any BENEFIT SO ETY, established in pursuance of this act*, who shall reside • any parish, township, or place, not having a legal settlen
there, or who shall come to inhabit there, and shall del • to the church wardens or overseers, or to any of them, a .tificate under the hands of the stewards, presidents, ward
or treasurers 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 6 any parish or place where such certificate hath been delive to the place of his last legal settlement, antil he shall bec
actually chargeable, or forced to ask relief for himself or f • ly,or for some part thereof, of the parish or place to which • certificate was delivered, and then, and not before, such pe
with his family, not having. otherwise acquired a legal se ment there, may be removed to the last legal place of se ment, according to the poor laws now in being. s. 17.
But 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 justice 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 a that such oath was made before him; and every such certi 6 so made, and oath of the execution thereof so eertified b * justice, shall be allowed in all courts as proved, and tak evidence without otber proof. $. 18.
• Also it shall be lawful, upon complaint made by the ch • wardens and overseers to any justice or justices of the - where such person shall reside, or come to reside under th • for such justice + or justices to cause such person to be
* See title FRIENDLY Socirties.
+ Although a single justice has authority under this clause toi sumuons, in order to the parly's being examined, yet as such ination and the adjudication thereon must be by two justices, it most adviscable for this purpose, eitbor for one justice to issue nions returnable before himself and another justice ; or for tw tices to issue their joint precept in the first instance.