CAP. XXXVIII.
An Act for remedying some Defects in the Act made in the forty-third Year of the Reign of
Queen Elizabeth, intituled, An Act for the Relief of the Poor.
'Wheras by reason of some Defects in an Act of Parliament made in the three and fortieth Year of the Reign of the late Queen Elizabeth, intituled, an Act for the Relief of the Poor[1], the Money raised for that Purpose is liable to be misapplied, and there is often great Difficulty and Delay in raising of the same'; For Remedy whereof, May it please your most Excellent 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, by the Authority of the same, That from and after the twenty-fourth Day of June one thousand seven hundred and forty-four, the Churchwardens and Overseers of the Poor shall yearly and every Year, At what time Parish Officers shall make up Accounts. within fourteen Days after other Overseers shall be nominated and appointed to succeed them, deliver in to such succeeding Overseers, a just, true and perfect Account in Writing, fairly entred in a Book or Books to be kept for that Purpose, and signed by the said Churchwardens and Overseers hereby directed to account as aforesaid, under their Hands, of all Sums of Money by them received, or rated and assessed and not received; and also of all Goods, Chattels, Stock and Materials that shall be in their Hands, or in the Hands of any of the Poor, in order to be wrought, and of all Monies paid by such Church-wardens and Overseers so accounting, and of all other Things concerning their said Office; and shall also pay and deliver over all Sums of Money, Goods, Chattels, and other Things, as shall be in their Hands, unto such succeeding Overseers of the Poor; which said Account shall be verified by Oath, or by the Affirmation of Persons called Quakers, before one or more of his Majeaty's Justices of the Peace, which said Oath or Affirmation such Justice or Justices is and are hereby authorized and required to administer, and to sign and attest the Caption of the same, at the Foot of the said Account without Fee or Reward; Books may be inspected, paying 6 d, and copies taken, paying 6d. for 300 words. and the said Book or Books shall be carefully preserved by the Churchwardens and Overseers, or one of them, in some publick or other Place in every Parish, Township or Place; and they shall and are hereby required to permit any Person there assessed, or liable to be assessed, to inspect the same at all seasonable Times, paying six Pence for such Inspection, and shall, upon Demand, forthwith give Copies of the same, or any Part thereof, to such Person, paying at the Rate of six Pence for every three hundred Words, and so in Proportion for any greater or less Number.
Penalty on Parish officers not accounting as this Act directs. II. And it is hereby further enacted, That in case such Churchwardens and Overseers of the Poor, or any of them, shall refuse or neglect to make and yield up such Account verified as aforesaid, within the Time herein before limited or appointed, or shall refuse or neglect to pay and deliver over such Sum or Sums of Money, Goods, Chattels and other Things in their Hands, as by this Act is directed; in either of the said Cases, it shall and may be lawful to and for any two or more Justices of the Peace, to commit him or them to the common Gaol, until he or they shall have given such Account, or shall have paid and yielded up such Monies, Goods, Chattels and other Things in their Hands as aforesaid.
On an Overseer's dying, &c. Two justices to choose, another, III. And be it further enacted by the Authority aforesaid, That if any such Overseer shall die, or remove from the Place for which he was appointed, or become insolvent, before the Expiration of his Office, on Oath thereof made, it shall be lawful for two Justices of the Peace to appoint another Overseer in his Stead, who shall continue in Office until new Overseers are appointed; Overseer removing, shall deliver his Accounts to the Church-warden, &c. and if any Overseer shall remove as aforesaid, he shall before such Removal deliver over to some Churchwarden, or fliall other Overseer of the same Place, his Accounts verified as aforesaid, with all Rates, Assessments, Books, Papers, Sums of Money, and other Things concerning his Office, under the like Penalties as are inflicted by this Act on an Overseer refusing to do the same after the Expiration of his Office; Executors of Overseers to account in 40 Days. and if any Overseer shall die as aforesaid, his Executors or Administrators shall, within forty Days after his Decease, deliver over all Things concerning his Office to some Churchwarden, or other Overseer of the same Place; and shall pay out of the Assets left by such Overseer, all Sums of Money remaining due, which he recieved by virtue of his said Office, before any of his other Debts are paid and satisfied.
Persons aggrieved may appeal to Quarter-sessions. IV. And be it further enacted, That in case any Person or Persons shall find him, her or themselves aggrieved by any Rate or Assessment made for the Relief of the Poor, or shall have any material Objection to any Person or Persons being put on, or left out of such Rate or Assessment, or to the Sum charged on any Person or Persons therein, or shall have any material Objection to such Account as aforesaid, or any Part thereof, or shall find him, her or themselves aggrieved by any Neglect, Act or Thing done or omitted by the Churchwardens and Overseers of the Poor, or by any of his Majesty's Justices of the Peace; it shall and may be lawful for such Person or Persons in any of the Cases aforesaid, giving reasonable Notice to the Churchwardens or Overseers of the Poor of the Parish, Township or Place, to appeal to the next General or Quarter Sessions of the Peace for the County, Riding, Division, Corporation or Franchise where such Parish, Township or Place lies; and the Justices of the Peace there assembled are hereby authorized and required to receive such Appeal, and to hear and finally determine the same; but if it shall appear to the said Justices that reasonable Notice was not given, then they shall adjourn the said Appeal to the next Quarter-Sessions, and then and there finally hear and determine the same; and the said Justices may award and order to the Party, for whom such Appeal shall be determined, reasonable Costs, in the same Manner that they are impowered to do in case of Appeals concerning the Settlement of poor Persons, by an Act made in the eighth and ninth Years of King William [2]the
