"on work of poor and needy perfons committed to the common gaol for felony and other mifdemeanors; "who many times perifh before their trial; and the poor "there living idly and unemployed become debauched,

and come forth inftructed in the practice of thievery "and lewdnefs: for remedy whereof, BE IT ENACTED, "That the juftices of the peace of the refpective coun"ties, at any of their general feffions, or the major part of "them then there affembled, if they fhall find it needful fo to do, may provide a ftock of fuch materials as they find convenient for the fetting poor prifoners on work, "in fuch manner and by fuch ways as other countycharges by the laws and ftatutes of the realm are and may be levied and raifed (a); and to pay and provide fit (a) See the 12. perfons to overfee and fet fuch prifoners on work; and Geo. 2. c. 29. make fuch orders for accounts of and concerning the "premises as fhall by them be thought needful, and for punishment of neglects and other abufes, and for beftowing of the profit arifing by the labour of the pri"foners fo fet on work, for their relief, which thall be duly obferved; and may alter, revoke, or amend fuch "their orders from time to time; provided that no parish "be rated above fixpence by the week towards the "mifes, having refpect to the respective values of the "feveral parishes.'

66

66

66

f. 2.

pre

pening among

433. By 19. Car. 2. c. 4. "And whereas fome- The theriff, in "times by occafion of the plague, and other whiles by cafe of fickness "the great number of prifoners, great and infectious and difeafes hap"difeafes have happened among the prifoners, whereby prifoners, may "it hath come to pafs fometimes that the judges, juf- provide proper tices, and jurors have, upon occafion of their atten- places to remove "dance at the trial of prifoners, been infected, and many them to. "of them died thereof, and fometimes fuch infection "hath fpread in the country: for fome remedy therein, "BE IT ENACTED, That any fheriff of the respective "counties, having the cuftody of the gaol, or fuch per"fons who have the cuftody of the gaol, with the advice "and confent of three or more juftices of the peace, "whereofone to be of the quorum (b), may, if they shall on (6) Ante, 343. "enquiry or information find it needful, upon emergent note (4). "occafions in the refpective counties, provide other fafe "places for the removal of fick or other perfons from "and out of the ordinary and ufual gaols; the fame "places to be used and employed for the reception and "cuftody of the prifoners, to be by or according to their order or orders kept, ordered, difpofed, and conveyed to the places appointed for the gaol-delivery, in fuch

" and

The mayor, &c.

foners, and

make order for

the relief and

"and like manner as fuch prifoners ought to be kept, "ordered, difpofed, and conveyed in and from the "common gaols by the laws and ftatutes of the land. "Provided, no fuch place be made ufe of for the pur"poses aforefaid against the good and free-will of the "owners thereof.

434. By 19. Car. 2. c. 4. f. 3. "Provided alfo, That of a corporation "the mayor, bailiff, and other head officer, or any other may remove pri- perfon and perfons, who have and hath the cuftody of "the common gaol within any corporation of this king"dom and dominion of Wales, fhall by and with the ademployment of "vice of three or more juftices of peace within the faid sheir poor. "corporation, whereof one of them to be of the quorum, "in time of infection, have the like power and authority "for removing his and their prifoners into fome other "convenient place within their jurifdiction, as to them "fhall feem fit, during the time of infection; and alfo to "raise a stock after the fame rates and proportions as is herein-before allowed to and for the feveral counties "within this kingdom.

Provision re

of Exeter and

the county of Devon.

66

435. By 19. Car. 2. c. 4. f. 4. "Provided alfo, That fpecting the city whereas there is already provided a ftrong and fufficient "meffuage in the parish of St. Thomas the Apostle, near "the city of Exon, for the purpose aforefaid, and one "thousand pounds more by certain trustees, upon propofals and agreements made by them with certain "gentlemen, juftices of the peace for the county of Devon, who have alfo provided one thousand pounds more, "in order to purchase lands of inheritance for the good "purposes hereafter mentioned; BE IT ENACTED, That "the faid two thoufand pounds be laid out in pur"chale of lands of inheritance, by order of the general "feflions of the peace hereafter at any time to be held, in the name of fuch perfons as by fuch order fhall be appointed. Item, That the faid houfe, with the grounds therewith inclofed, be had and used as a com"mon gaol and workhouse for the said county, in man"ner as is after expreffed. Item, That an overfeer be "therein placed by like order, and by like order be re"moveable from time to time; which overfeer fhall have "the charge, cuftody, and government of the prifoners "to him committed according to this act, and fhall have "fifty pounds per annum during the execution of his of"fice, and ten pounds per annum for his deputy; but shall "therefore take no fees for receiving, delivering, or doing any other service relating to the prifoners, from or of "any

་་

"any the faid prifoners. Item, That the faid juftices, by "like order from time to time, fhall and may, by appro"bation of the ordinary, provide and appoint fome meet "and difcreet minifter to read divine fervice according to "the orders of the church of England, unto the prisoners, "at leaft four days in the week, that is to fay, on the "Lord's Day, each Wednesday, and each Friday and Sa"turday, and oftener, if the faid juftices fhall appoint, and "to take pains in inftructing them each Lord's Day at "the leaft, for which they may allow him thirty pounds per annum, or after that rate; the rest of the profits to "be for repairing the house, and towards finding a stock "to fet the prifoners on work. Item, That any per"fon charged with fuch offence only for which clergy is "allowable, if fo be he be needy and indigent, and not "likely to maintain himielf in gaol, may, by warrant of "the juftice or juftices of the peace to whom jurifdiction "in that behalf appertaineth, be committed to the said "workhouse in order to his trial; and if any person shall "be committed to the ordinary gaol who thall be or be"come fo indigent, he may by warrant of three justices of

peace, whereof one to be of the quorum, be removed "from the ordinary common gaol to the faid house; all "which prifoners fo committed or removed fhall be in "the cuftody of the overfeer, and be ordered and de"meaned in the faid houfe, and conveyed to the feffions, "or to the gaol-delivery, by like warrant, way and means, "as the prifoners in other gaols by the laws and ftatutes "of this realm are to be ordered and demeaned.

to the common

436. By 19. Car. 2. c. 4. f. 5. "And because the faid The prifoners in "workhoufe is diftant from the ordinary common gaol, the workhouse "the prifoners by order from the feffions or gaol-delivery may be removed "may, in order to their trials, be removed to the common gaol for the purgaol, to be the more ready for their trials. Item, That pofe of taking "the faid overfeer fhall give fecurity for the ftock, and their trials at the "be liable to fuch regulations and orders for accounts and affizes. "otherwise, as the feffions fhall from time to time make "for fetting the poor prifoners on work there, which "fhall be obeyed and obferved: That a convenient stock "be from time to time raised at the charge of the county. "Item, That the faid juftices of the county in Devon "may put in ure all the powers in this act, as other juftices may in any other county by virtue thereof.

437. By 19. Car. 2. c. 4. f. 5. "Saving to the king's The king's "majefty, his heirs and fucceffors, and to every other rights faved. "perfon and perfons, and their heirs, fucceffors, execu

་ tors,

A register to be kept of the ad

mittances of the poor.

Parishioners

yearly in Eafter week fall make

a lift of their poor.

None but thofe in the lift to receive alms, except by order of Justices of Peace, &c.

"tors, and administrators, all rights, titles, claims, and de"mands whatfoever, into or out of the faid meffuages and premifes, as if this act had never been made.'

66

66

C.

438. By 3. Will. & Mary, c. 11. f. 11. "WHEREAS many inconveniencies do daily arife in citics, towns corporate, and parishes, where the inhabitants are very "numerous, by reafon of the unlimited power of the "churchwardens and overfeers of the poor, who do frequently, upon frivolous pretences (but chiefly for their "own private ends), give relief to what perfons and "number they think fit, and fuch perfons, being entered "into the collection bill, do become after that a great charge to the parish, notwithstanding the occafion or pretence of their receiving collection oftentimes ceafes, by which means the rates for the poor are daily in"creafed, contrary to the true intent of 43. Eliz. c. 2.; "for remedying of which BE IT ENACTED, That there "fhall be provided and kept in every parith (at the charge "of the fame parifh) a book or books wherein the names "of all fuch perfons who do or may receive collection "fhall be registered, with the day and year when they "were first admitted to have relief, and the occafion "which brought them under that neceffity."

66

439. And by 3 Will. & Mary, c. 11. f. 11. it is further enacted, "That yearly in Eafter week (or as often as it fhall be thought convenient) the parishioners of every parifh fhall meet in their veftry or other ufual place "of meeting in the fame parifh, before whom the faid "book fhall be produced; and all perfons receiving col"lection to be called over, and the reafons of their taking "relief examined, and a new lift made and entered of "fuch perfons as they thall think fit and allow to receive "collection."

«No

440. And by 3. Will, & Mary, c. 11. f. 11. No other perfon fhall be allowed to have or receive collection "at the charge of the faid parifh, but by authority under "the hand of one juftice of peace refiding within fuch parith, or (if none be there dwelling) in the parts near "er next adjoining, or by order of the juftices in their "refpective quarter feffions, except in cafes of pefti"lential difeafes, plague, or fmall-pox, for and in refpect "of fuch families only as are or thall be therewith in"fected."

441. By

and overfeers of

to fuch parish,

441. By 8. and 9. Will. 3. c. 30. " FOR ASMUCH as many Perfons coming poor perfons chargeable to the parish, township, or place to inhabit any "where they live, merely for want of work, would, in parish or place, and bringing any other place where fuficient employment is to be with them a cer had, maintain themfelves and families, without being tificate under burthenfome to any parifh, townfhip, or place, but the hands of the not being able to give fuch fecurity as will or may be churchwardens expected and required upon their coming to fettle them- the parish from "felves in any other place, and the certificates that have whence they ufually been given in fuch cafes having been often- came owning "times conftrued into a notice in hand-writing, they are them to belong "for the most part confined to liye in their own pa- the overicers of rishes, townships, or places, and not permitted to in- the parish to "habit elfewhere, though their labour is wanted in many which theycome "other places, where the increafe of manufactures would fhall provide employ more hands; IT IS ENACTED, That if any perfon or perfons whatsoever thall come into any parih, or other place, there to inhabit and refide, and thall at the fame time procure, bring and deliver to the "churchwardens or overfeers of the poor of the parifh or place where any fuch perfon fhall come to inhabit, "or to any or either of them, a certificate under the hands and feals of the churchwardens and overfeers of the poor of any other parifh, township, or place, or the major part of them, or under the hands and feals of the overfeers of the poor of any other place where there are no churchwardens, to be attefted refpectively by two

for them wheй

they afk relieft

or more credible witneffes (a), thereby owning and ac- (4) By 3. Geor knowledging the perfon or perfons mentioned in the 2. c. 29. Wit "faid certificate to be an inhabitant or inhabitants le- neffes to cergally fettled in that parith, township, or place, every tificate, are to "fuch certificate having been allowed of and fubfcribed wear they fa by two or more of the juftices of the peace of the county, dens fign them; city, liberty, borough, or town corporate, wherein the &c. Vide post! parish or place from whence any fuch certificate fhall chap: come doth lie, fhall oblige the faid parish or place to

"receive and provide for the perfon mentioned in the faid "certificate, together with his or her family, as inlia"bitants of that parish, whenever he, fhe, or they fhall happen to become chargeable to, or be forced to aik "relief of the parith, township, or place to which fuch "certificate was given; and then, and not before, it fhall "and may be lawful for any fuch perfon, and his or her "children, though born in that parish, not having "otherwife acquired a legal fettlement there, to be re"moved, conveyed, and fettled in the parish or place from whence fach ecrtificate was brought."

441. By

the churchward

CERTIFI

CATE.