1812: 52 George 3, c.160: An Act to enable Justices of the Peace to order Parochial Relief to Prisoners confined under Mesne Process for Debt in such Gaols as are not County Gaols.
[29th July 1812.]
WHEREAS great Distress is suffered by poor Persons confined under Mesne Process for Debt in such Gaols as are not County Gaols, in consequence of their not receiving any Allowance whereon to subsist during the time of such Confinement: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,
[Justice to order Parochial Relief to Debtors in Gaols not County Gaols.]
That it shall be lawful for any One Justice of the Peace acting for the County, Riding or Division wherein any Gaol (which is not a County Gaol) is situated, to order the Overseers of the Poor of the Parish, Township or Place wherein any such Gaol (which is not a County Gaol) shall be situated, to relieve any poor Person who shall be confined in such Gaol under Mesne Process for Debt, and who shall appear to such Justice to be unable to support himself or herself, and who shall have applied for Relief to such Overseers as aforesaid.
[Sum limited.]
II. Provided always, and be it further enacted, That the Sum to be given for the Relief of any such poor Person shall not exceed Six pence per Diem, during the time of his or her Confinement in such Gaol under Mesne Process for Debt.
[Legal Settlement of Debtor ascertained.]
III. And be it further enacted, That the Overseers of the Poor of any such Parish, Township or Place to whom any such Application for Relief shall he made as aforesaid, if they shall doubt whether such poor Person is legally settled in such Parish, Township or Place, shall cause him or her to be examined upon Oath before One or more Justice or Justices of the Peace, touching his or her last legal Settlement, upon which Examination it shall be lawful for Justices to make an Order for the Removal of such poor Person to the Place of his last legal Settlement,
[Order of Removal suspended while Debtor imprisoned,]
and to suspend the Execution of such Order of Removal during the time of such Person being confined in such Gaol under such Mesne Process, which Suspension of the same shall be indorsed on the said Order, and signed by such Justices, and the subsequent Permission to execute the same shall be also indorsed on the said Order, and signed by such Justices, or by any other Two Justices of the Peace acting for the same County, Riding or Division.
[Served on Overseers of the Poor of Parish.]
IV. Provided always, and be it enacted, That a Copy of the Order of Removal, and of the Order for suspending the Execution of the same as aforesaid, shall, as soon as may be after the making thereof respectively, be served upon the Overseers of the Poor of the Parish, Township or Place in which such poor Person shall by such Order of Removal be adjudged to be legally settled.
[Overseers to repay Expence attending Pauper.]
V. And be it further enacted, That although such poor Person shall not have been actually removed in pursuance of such Order of Removal as aforesaid, it shall be lawful for any Justice of the Peace to direct the Overseers of the Poor of the Parish, Township or Place in which such Pauper is adjudged to be settled, to repay to the Overseers of the Poor of the Parish, Township or Place wherein such Gaol shall be situated, all the Charges proved upon Oath of any such Overseers of the Parish, Township or Place where the Gaol is situated, to have been incurred in granting Relief to such Pauper during the time of his Confinement and the Suspension of such Order, not exceeding Six pence per Diem;
[In case of Refusal, Money advanced levied by Distress.]
and if the Overseers of the Parish, Township or Place to which such Order of Removal shall be made, or any or either, of them, shall refuse or neglect to pay any such Sum so advanced as aforesaid within Twenty one days after Demand thereof, and shall not within the same time give Notice of Appeal as hereinafter mentioned, it shall be lawful for One Justice of the Peace, by Warrant under his Hand and Seal, to cause the, Money so directed to be paid as aforesaid to be levied by Distress and Sale of the Goods and Chattels of the Person or Persons so refusing or neglecting to pay the same, and also such Costs attending the same, not exceeding Forty Shillings, as such Justice shall direct; and if the Parish, Township or Place to which the Removal was ordered to be made, be without the Jurisdiction of the Justice of Peace issuing the Warrant, then such Warrant shall be transmitted to any Justice of the Peace having Jurisdiction within such Parish, Township or Place as aforesaid, who upon Receipt thereof is hereby authorized and required to indorse the same for Execution:
[Appeal.]
Provided nevertheless, that if the Sum so ordered to be paid on account of such Costs and Charges exceed the Sum of Five Pounds, the Party or Parties aggrieved by such Order may appeal to the next General Quarter Sessions for the County, Riding or Division in which such Gaol is situated, against the same, as they may do against an Order for the Removal of poor Persons by any Law now in being, and if the Court of Quarter Sessions shall be of Opinion that the Sum so awarded be more than of Right ought to have been directed to be paid, such Court may and is hereby directed to strike out the Sum contained in the said Order, and insert the Sum which in the Judgment of the said Court ought to be paid, and in every such case the said Court of Quarter Sessions shall direct that the said Order so amended shall be carried into Execution by the said Justices by whom the Order was originally made, or either of them, by such other Justice or Justices as the said Court shall direct.
[Appeal.]
VI. Provided always, and be it further enacted, That it shall be lawful for the Overseers of the Poor of the Parish, Township or Place wherein such poor Person shall, by such Order of Removal, be adjudged to be legally settled, to appeal against such Order to the next General Quarter Sessions of the Peace for the County, Riding or Division in which such Gaol is situated, holden after the Service of the Copy of such Order of Removal, in case such Copy shall have been served upon such Overseers Twenty one Days before the holding of such Quarter Sessions, but in case the same shall not be served Twenty one Days before the holding of such next General Quarter Sessions, then the Appeal may be to the next succeeding General Quarter Sessions holden for the said County, Riding or Division, and upon such Appeal the like Proceedings maybe had as are observed in other cases of Appeals against Orders of Removal of poor Persons by any Law now in being:
[Proviso.]
Provided always, that in case such Order of Removal and Suspension is not appealed against in manner aforesaid, or if upon Appeal such Order shall be confirmed, such poor Person shall be deemed and taken to be legally settled in the Parish, Township or Place in which he shall by such Order of Removal be adjudged to be legally settled.
[In case Pauper no legal Settlement in England or Wales, Allowance paid out of County Rate.]
VII. And be it further enacted, That in case any poor Person applying for Relief under the Provisions of this Act shall, upon his Examination as to his last legal Settlement, be found not to be legally settled in any Parish, Township or Place within England and Wales, it shall be lawful for any One Justice of the Peace to order the Overseers of the Poor of the Parish, Township or Place wherein the Gaol is situated (in which such poor Person shall be confined under Mesne Process for Debt) to relieve such poor Person with a Sum not exceeding Six pence per Diem out of the Funds in their Hands applicable to the Relief of the Poor, which Sum shall be re-imbursed to the Overseers of the Poor of the said Parish, Township or Place, for the Use of such Funds, out of the County Rate, by the Treasurer of the County, Riding or Division in which such Parish, Township or Place shall be situated, at the Expiration of the Confinement of such poor Person upon such Mesne Process as aforesaid.
Source: Raithby, The Statutes of the United Kingdom, volume 4.