Page images
PDF
EPUB

unite two or more police districts, with or without any alteration of their limits; or to consolidate for police purposes any district with the rest, or with any part of their county. No county constable required to act in any borough having a separate police establishment, except in the execution of warrants of county justice, or the chief constable; nor is a borough constable required to act out of his borough except in execution of the warrant of borough justice, or under direction from the watch committee in case of special emergency. County constables not to vote in the election of municipal officers, or to influence any voter, under a penalty of £10. By s. 6, watch rates may be levied to any amount at the discretion of the borough council, not exceeding in any one year 8d. in the pound. Remaining sections principally refer to superannuations, rewards for good services, and gratuities to widows of constables dying in service.

Any man belonging to the metropolitan police may, during the time he is on duty, apprehend all "loose, idle, and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of any evil designs, and all persons whom he shall find, between sunset and the hour of eight in the forenoon, lying in any highway, yard, or other place, or loitering therein, and not giving a satisfactory account of themselves."

If either watchman or constable be killed in the discharge of his duty, it is murder.

CHAPTER V.

Parish Officers and Poor Laws.

1. PRESIDENT AND COMMISSIONERS OF POOR LAWS.

In the year 1834, by 4 & 5 W. 4, c. 76, the relief of the poor in England and Wales, according to existing laws, was placed under the control and direction of three commissioners appointed, paid, and removable by the crown; and who were authorized to make rules for the management of the poor and poor children, the government of work houses, the conduct of guardians, vestries, and officers; the keeping, examining, auditing, and allowing of accounts; the making of contracts, and in all other matters connected with the relief and expenditure of the poor. But the commissioners were not to interefere in any individual case for the purpose of ordinary relief. This commission was superseded in 1847, but in lieu of it a new board was established by 10 & 11 V.

109, and 30 & 31 V. c. 106, which was called the Poor Law Board.

All the powers and duties of the former commissioners were transferred to the new commissioners, who had power to summon and examine witnesses on oath, and to enforce the production of papers, &c.; but so much of the previous act was repealed as required a minute of the opinions of each commissioner in case of a fnal difference of opinion. The commissioners were to make an anual report to her Majesty, to be laid before parliament.

Rules and orders to be made under seal, except such as were intended by the commissioners for their own guidance. All rules and orders affecting more than one union to be deemed a general rule; the provision in the previous act relating to general rules was repealed, and the queen in council might disallow any general rule; but existing rules to continue in force till altered or rescinded.

By s. 26, every person who, upon any examination, shall ifully give false evidence, or wilfully make a false declaration, is on being convicted, to suffer the penalties of perjury; and every person who wilfully neglects to attend in obedience to any summons of the commissioners or any inspector, or to give evidence, or who wilfully alters, suppresses, conceals, destroys, er refuses to produce any books or documents which might be required, to any authorized person, is guilty of a misdemeanour.

Under 4 & 5 W. 4, c. 76, commissioners might call for and ablish an account of all trusts and charity estates and funds aprable to the relief of the poor; such account to be open to the inspection of owners and ratepayers.

Extoys.- Commissioners might direct any number of parishes to be united for the relief of the poor, with a common work house. When a union of parishes was proposed, commissioners were to inquire into the expense of the poor belonging to each parish for the three years preceding, and each parish was to contribute toarts a common fund, on which is now, by 28 & 29 V. c. 79, zed all the cost of the relief of union poor as well as certain mer expenses incurred by the board of guardians in the proporBra in which it has already stood with relation to the other rabes

Commissioners might, without consent of the guardians, dissolve yanion (except when united for purpose of settlement or voting), add to or take from it any parish, and make such rules as seemed apted to its altered state. United parishes might, with consent

the guardians, and of the commissioners, be one parish for the Purpose of settlement among themselves. After such agreement, erate, or proportion of contribution to the common fund, is to be varied; the settlement being common throughout the , the distinction of each parish paying for its own poor is away with. With the like consent of guardians and com

missioners, a union might have a joint rate as one parish, and in such case all expenditure for the poor to be in common.

OFFICERS.-Commissioners might direct overseers and guardians to appoint paid officers for any parish or union, and fix their duties, mode of appointment, salaries, and securities. Masters of workhouses and paid officers removable by commissioners, and persons so removed not competent to fill any parish office. No person convicted of felony, fraud, or perjury eligible to hold any parish office. or have the management of the poor. The word "officer" extends to any person employed in carrying the laws for the relief of the poor into execution.

In 1871, a board called the Local Government Board was established by 34 & 35 V. c. 70, consisting of a president to be appointed by the Crown and certain ex officio members named in the act, in whom are now concentrated the functions just mentioned of the Poor Law Board and the duties of the Home Secretary under the acts relating to Registration of Births, Deaths, and Marriages, Public Health, Local Government, Drainage, Sanitary Matters, Baths and Wash-houses, Public Improvements, Towns Improvements, Artisans' and Labourers' Dwellings, Returns, and Local Taxation, and the duties of the Privy Council under the acts relating to the Prevention of Disease, and to Vaccination.

This board has the power to appoint secretary, assistant secretaries, inspectors, clerks, &c. ; and the president, and the secretaries, clerks, &c. (but not the ex officio members), are to be paid salaries, out of the public money, to be determined by the Treasury. The president and one of the secretaries may sit in Parliament. Any rule made by the board is valid if it is made under the seal of the board and signed by the president or one of the ex officio mem'bers, and countersigned by a secretary or assistant secretary.

GUARDIANS.-These, in the interpretation clause of 4 & 5 W. 4, c. 76, are construed to mean any visitor, governor, director, manager, acting guardian, vestryman, or other officer in a parish or union, entitled to act as manager of the poor, and in the distribution or ordering of relief under any general or local act of parliament, s. 109. Under this act guardians are to have the entire management of the poor, and are to be elected by each parish in union, by the ratepayers and owners, within forty days of the 25th of March in every year; their number, duties, and qualification to be determined by the commissioners; but qualification not to exceed a rental of £40 a year, and one guardian at least to be elected for each parish. They may be re-elected. Any county magistrate in the district is ex officio a guardian. Commissioners may direct a board of guardians to be established, with like powers, in any single parish, and justices to be ex officio members; or they may alter the number of guardians with reference to population, and if the population of a parish exceed 20,000, it may be divided into wards, having separate guardians, 7 & 8 V. c. 101.

Clerks and officers may conduct proceedings before justices at petty sessions on behalf of the guardians, although not certificated attorneys, 7 V. e. 101, s. 68.

By 12 & 13 V. e. 103, s. 13, the guardians of a union or parish, under the orders of the Poor-law Board, may contract to receive into their workhouse the poor of any other parish or union, in case of the overcrowding of the work house, the prevalence or apprehension of any epidemic or contagious disease, or to carry out any local resolution for the emigration of poor persons. Under s. 16, guardians are authorized to appropriate any money or valuable security of a pauper, so far as is necessary, to reimburse them for outlay on account of such pauper.

By 14 & 15 V. c. 105, s. 3, malpractices at the election of gardians, as altering, destroying, or purloining nomination or eting papers used therein, or personating a voter, or interrupting distribution of voting papers, are made punishable with imprisonment for any period not exceeding three months. Section 4 empowers guardians to subscribe to a hospital or infirmary with consent of the Poor-law Board. Children under sixteen years who are orphans or deserted by parents, or with consent of surviving parents and the Poor-law Board, may be sent by contract to a Workhouse belonging to another union or parish, and where there adequate accommodation for instruction and maintenance, s. 6. Fewer given by s. 12 to the guardians of two unions or parishes to der, by mutual consent, questions of settlement, removal, or hargeability to the Poor-law Board. By s. 16, the limit of exense to be incurred in school districts, within the metropolitan police district, extended from one-fifth to one-third.

By 11 and 12 V. e. 110, poor persons having a fixed place of who may meet with an accident or bodily casualty in any or parish in which they have no legal settlement, are to be lieved by the officers of the parish or union in which the casualty ppens, but the cost is to be reimbursed by the parish to which ry belong.

By 18 & 19 V. c. 34, guardians may grant relief for enabling per parents to provide education for their children, if between azes of four and sixteen years, in any school approved by the

ardians.

ELECTIONS.-At the election of guardians, and all other elections, votes are to be taken in writing, and the rights of voting in en and ratepayers are assimilated by 7 & 8 V. c. 101. A ality of votes allowed: if the property be rated upon a mble value of less than £50, one vote; rateable value £50, or than £100, two votes; £100, or less than £150, three votes; 5), but less than £200, four votes; £200, but less than £250, Totes; and if it amount to or exceed £250, six votes. When a is owner and occupier he may vote in both capacities. By 7 & 8 V. c. 101, s. 15, owners must give notice of voting

before February 1st; they may vote by proxy; but no person can be proxy for more than four owners in one parish, unless steward or land agent; nor does appointment of proxy continue longer than two years, unless a steward or land agent. No ratepayer to vote unless rated one year, and parochial rates paid. In case of property belonging to a corporation, or to any joint-stock or other company, the officer of the same may vote.

WORKHOUSES.-Under this designation is included any house in which the poor of any parish or union is lodged or maintained, or any house or building used at the expense of the poor rate by any parish vestry, guardians, or overseers, for the reception, employment, classification, or relief of the poor, s. 109.

Commissioners may order work houses to be built, hired, altered, or enlarged, with consent of a majority of owners and ratepayers voting as already described. Sums to be raised for the purpose to be charged on the rates, but not to exceed one year's average amount, and loan borrowed to be paid in ten equal yearly instalments. Commissioners may order work houses already erected to be altered or enlarged without consent of the parish, but the money to be raised for the purpose must not exceed one tenth of one year's rates, or £50. They may make rules for the government of workhouse, and may vary by-laws already in force. Justices are empowered to see by-laws enforced, and to visit work houses, as directed under 33 G. 3, c. 49. Where no rules have been framed by commissioners, the power of any justice, medical person, or clergyman, as heretofore exercised in the visiting of work houses, is reserved. Introducing spirituous or fermented liquors into a workhouse, without the order, in writing, of the master, subjects to a penalty of £10, or two months' imprisonment. Master of workhouse introducing prohibited liquors into the workhouse (except for his domestic use), without authority of the surgeon, justice, guardians, or commissioners; or ill-treating poor persons, or otherwise misconducting himself, is subject to a penalty of £20 or not exceeding six months' imprisonment. No dangerous lunatic, insane person, or idiot, to be detained in any workhouse exceeding fourteen days.

The 5 & 6 W. 4, c. 69, makes provision for the sale or exchange of lands or houses belonging to any ecclesiastical corporation sole for sites for workhouses, or, in case such corporation sole is of unsound mind, the 20 & 21 V. c. 13, empowers the guardians or managers to petition the lord chancellor to execute.

A pauper deserting or running away from a workhouse, carrying off clothes or other goods, subject to imprisonment in the house of correction for any term not less than seven days or exceeding three calendar months. Refusing to work at any employment suited to age, strength, or capacity, drunkenness, or other misbehaviour, subjects to imprisonment and hard labour for any period not exceeding forty-one days, 7 V. c. 101, s. 58.

« PreviousContinue »