throughout the union." Consequently, committals may be made to the gaol of either jurisdiction, independently (in the case of offences in a workhouse) of the enactments in Note 877, post. 368 Authority from Guardians to an Officer to take Proceedings-Expenses of Prosecutions SYNOPSIS OF OFFENCES. Statute. POOR-continued. I. OFFENCES BY OVERSEERS, &c.—continued. 3. Any overseer, assistant overseer, master of workhouse, or other officer (Note 370) of any parish or union, wilfully disobeying the legal (see s. 96) and reasonable orders of the justices or guardians, in carrying the rules, orders and regulations of the commissioners or assistant commissioners, or provisions of this act, into execution. 4. Any person wilfully neglecting or disobeying any of the rules, orders or regulations of the commissioners or assistant commissioners [vide 7 & 8 Vict. c. 101, s. 72, what is sufficient evidence of transmission of commissioners' rules], or 5. Guilty of any contempt of the commissioners sitting as a board. 4 & 5 Will. 4, Id. s. 98. s. 14. 6. Neglecting or refusing to obey and perform the orders and direc-17 Geo. 2, c. 38, tions of this act, where no penalty is before provided [vide the act], or 7. Acting contrary thereto. 8. Overseer wilfully neglecting to make or collect sufficient rates for the relief of the poor,-or to pay such monies to the guardians as they may require,-and if by reason of such neglect any relief directed by board of guardians to be given to any poor person be delayed or withheld during a period of 7 days. 7 & 8 Vict. c. 101, s. 63 (Note 371). to be defrayed by Guardians.] Before the informations for the offences to which this note is appended in this title are taken, the party laying it (who should be an officer of the guardians, if in a union, who knows the facts), should (except in cases where it is desirable to avoid delay in commencing the proceedings) obtain an authority in writing from the board of guardians under the hand of the presiding chairman of the board, and sealed with their seal, empowering him to prefer the complaint, &c. by virtue of 5 & 6 Vict. c. 57, s. 17. The information should show on the face of it that the officer preferring it is duly authorized, and that the place where the offence, &c. was committed or arose is included in the union for which such board act. By 7 & 8 Vict. c. 101, s. 68, the clerk or any officer of the guardians, if duly empowered by the board, may conduct the proceedings before justices, although he is not an attorney or solicitor; and by the Consolidated Order of the Poor Law Board, the clerk is to "conduct" all applications to justices. By sect. 69, the copy of a minute of any order or authority of the board purporting to be signed by the presiding chairman, and to be sealed with their seal, and to be countersigned by their clerk, is sufficient proof of the statements or directions contained therein having been given as alleged, unless the contrary be shown, without proof of signatures, official characters, meeting or seal. Vide forms of Authority to Officer, and Special Information, Oke's "Formulist," 6th ed. pp. 333, 334. As to the expenses of prosecuting in certain cases, the 7 & 8 Vict. c. 101, s. 59, provides that the board of guardians may defray them in the following cases-person charged with refusing to maintain himself or his family, or running away, whereby they become chargeable,-disobeying the orders of the commissioners,— offences in workhouse, or running away therefrom with clothes,-disobedience of orders of justices or guardians,-obstructing or assaulting any officer engaged in the adminis tration of the poor laws,-obtaining, stealing or embezzling property applicable to the relief of the poor,-any offence directly affecting the administration of these laws,— and any officer employed for any neglect or breach of duty, or for any maltreatment or abuse of any poor person;-and by 28 & 29 Vict. c. 79, s. 9, the guardians may in all cases charge these expenses on the common fund. 369 Appeal.] This appeal clause is in Note 81, tit. "Constables," ante, p. 357. 370 Definition of "Officer of Union."] The definition of the word "officer" is construed to extend to any clergyman, schoolmaster, person duly licensed to practise as a medical man, vestry clerk, treasurer, collector, assistant overseer, governor, master or mistress of workhouse, or any other person employed in any parish or union in carrying this act or the laws for the relief of the poor into execution, and whether performing one or more of the above-mentioned functions (4 & 5 Will. 4, c. 76, s. 109). 371 Witnesses-Incorporation of Statutes.] By 7 & 8 Vict. c. 101, s. 70, any person, wherever he reside, may be summoned as a witness for either party, and, on disobedience of the summons and proof of tender of expenses, a warrant may be issued; and if he refuse to give evidence he may be committed for not exceeding 14 days, or until he sooner submit to be examined. [See 11 & 12 Vict. c. 43, s. 7, ante, p. 161.] This power extends to all offences and matters under the 4 & 5 Will. 4, c. 76; 6 & 7 Will. 4, c. 96; 5 & 6 Vict. c. 57; 9 & 10 Vict. c. 66, and 14 & 15 Vict. c. 105, by virtue of the incorporation clause (s. 74) of the 7 & 8 Vict. c. 101, which enacts, that the 5 & 6 Vict. c. 57, and the acts therein mentioned (s. 18) [i. e. 4 & 5 Will. 4, c. 76; 5 & 6 Will. 4, c. 69; 6 & 7 Will. 4, c. 96, and c. 107; 1 Vict. c. 50; 1 & 2 Vict. c. 25, and c. 56, ss. 118, 122; 2 & 3 Vict. c. 84, and c. 85], shall be construed as one act; and also applies to the earlier acts relating to the "relief and management of the poor," SYNOPSIS OF OFFENCES. Statute. POOR-continued. I. OFFENCES BY OVERSEERS, &c.—continued. 9. Overseer or other officer, collector or assistant overseer, neglecting to make up account previous to audit, or 10. Altering such account, or allowing account to be altered when so made up, or 11. Refusing to allow it to be inspected by ratepayer, or 12. Refusing or wilfully neglecting to affix the notice of the audit, 13. Guardian, overseer, or officer liable to account to auditor, refusing to allow him to inspect accounts and books, or obstructing him in such inspection, or concealing account or book to prevent inspection. 7 & 8 Vict. c. 101, s. 33 (Note 371). 29 & 30 Vict. c. 113, s. 7. 14. Overseer disobeying justice's order to give temporary relief to 4 & 5 Will. 4, poor persons. 15. Embezzling, &c. Money, &c.] Any overseer, assistant overseer, master of a workhouse, or other paid officer,- -or any other person employed by or under the authority of the guardians,purloining, embezzling, or wilfully wasting or misapplying any of the monies, goods or chattels belonging to any parish or union. 16. Bastards.] Any officer (Note 370, ante, p. 681) of any parish_or union receiving any money in respect of any bastard child under an order of petty sessions, or 17. Any such officer (Note 373) conducting any application to make or enforce such order, or 18. In any way interfering, as such officer, in causing such application to be made,—or in procuring evidence in support thereof. c. 76, s. 54. Id. s. 97. 7 & 8 Vict. c. 101, s. 7 (Note 371). referred to in 4 & 5 Will. 4, c. 76, s. 109. The Union Assessment Acts (25 & 26 Vict. c. 103, and 27 & 28 Vict. c. 39), although incorporated together, are not incorporated with the other Poor Law Acts. 29 & 30 Vict. c. 113, is also incorporated (s. 18), and so is 30 & 31 Vict. c. 106 (s. 30). 372 Appeal.] By 4 & 5 Will. 4, c. 76, s. 103,-"if any person or persons shall find himself, herself or themselves aggrieved by any order or conviction of any justice or justices, where such person or persons shall be convicted in any penalty or penalties exceeding £5, it shall be lawful for such person or persons to appeal to any general or quarter sessions of the peace to be held in and for the county, riding or division in which such order shall have been made or conviction taken place within four calendar months next after the cause of complaint shall have arisen, or if such sessions shall be held before the expiration of one calendar month next after such cause of complaint, then such appeal shall be made to the next following sessions, either of which court of sessions is hereby empowered to hear and finally determine the matter of the said appeal, and to make such order therein as to them shall seem meet: which order shall be final and conclusive to and upon all parties;-provided that the person or persons so appealing shall give or cause to be given at least fourteen days' notice in writing of his, her or their intention of appealing as aforesaid, and of the matter or cause thereof, to the respondent or respondents,—and within five days after such notice shall enter into a recognizance before some justice of the peace, with sufficient securities, conditioned to try such appeal at the then next general sessions or quarter sessions of the peace which shall first happen, and to abide the order of and pay such costs as shall be awarded by the justices at such quarter sessions or any adjournment thereof;-and such justices, upon hearing and finally determining such matter of appeal, shall and may, according to their discretion, award such costs to the party appealing or appealed against as they shall think proper;-and their determination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever." See also 42 & 43 Vict. c. 49, ss. 31, 32. This appeal clause will apply to all the Poor Law Acts. See Note 371, supra, as to incorporation of statutes. |