and every of the funds belonging to the poor of the parish, as well collections as sums mortified for the use of the poor and money stocked out upon interest; and have a right to be present and join with the session, in their administration, distribution, and employment of such sums, without prejudice to the kirk session to proceed in their ordinary acts of administration, and application of their collections to their ordinary and incidental charities, though the heritors be not present nor attend."*

It is necessary in Scotland, as well as in England, to entitle poor persons to parochial relief, that they have a SETTLEMENT, which can only be acquired in one of the four following ways: I. by Residence; II. Marriage; III. Parentage; IV. Birth.

I. RESIDENCE. There is scarcely any restriction as to the persons who may acquire a settlement by residence; and foreigners are equally entitled to obtain this privilege as natives. Three years' residence in any parish is a legal settlement; but when a pauper has resided three years in another parish, it is the parish within which he has resided for the last three years preceding his application for charity, which is bound to support him. Mere residence is sufficient to obtain a settlement, without any of the accompanying requisites which are necessary by the law of England; such as possession of a house or estate, hiring and service, &c. Where a settlement has once been obtained, it is not lost by mere lapse of time and intermission of residence, unless a new settlement has been acquired. But so soon as a new settlement, by residence, is acquired, the parish of the former settlement is completely liberated. This will hold although the new settlement were in England. One Brown, having acquired a settlement in a Scottish parish, removed to England with his wife and family, and after living there for three years, he deserted them. In an action for aliment, at the instance of the wife and children, the court decided that the Scottish settlement was lost; and it was only on the ground that by their residence in England they had not acquired a legal settlement there, that they ultimately obtained a settlement in the Scottish parish where they had last resided for three years.

II. MARRIAGE.-On her marriage, a woman immediately obtains her husband's settlement. Her maiden settlement is in consequence suspended, and does not revive by the husband's desertion. A widow continues to hold her husband's settlement, until she acquires a new one by residence as a widow, or by a second marriage. When divorced, a woman loses her husband's settlement, and her maiden one revives. A settlement acquired by marriage, does not entitle her legitimate children by a former marriage to her new settlement, although it acquires this privilege for her illegitimate children.

* Bell's Law Dict. Art. Poor.

III. PARENTAGE.-Legitimate children follow their father's settlement, illegitimate children that of their mother, even where the father is known, as the law holds the father of a bastard to be uncertain. The derivation settlement of parentage ceases on the child's acquiring a settlement of his own by residence, or in the case of a daughter, by marriage, and it can never be revived.

IV. BIRTH.-When a pauper has no settlement, he is entitled to be supported by the parish where he was born. But they cannot have recourse on the parish of their birth if they have acquired a settlement by residence, or during the subsistence of a settlement by marriage or by parentage.

The recent act, for the amendment and better administration of the laws relating to the poor in England and Wales, has entirely altered the poor laws, and placed them on a new footing. The act is as follows:

I. Whereas it is expedient to alter and amend the laws relating to the relief of poor persons in England and Wales: Be it therefore enacted by the king's most excellent majesty, by and with the advice, &c., That it shall be lawful for his majesty, his heirs, and successors, by warrant under the royal sign manual, to appoint three fit persons, as commissioners, to carry this act into execution, and also from time to time, at pleasure, to remove any of the commissioners for the time being, and upon every or any vacancy in the said number of commissioners, either by removal, or death, or otherwise, to appoint some other fit person to the office; and until such appointment, it shall be lawful for the surviving or continuing commissioners to act as if no such vacancy had occurred.

II. The commissioners shall be styled, "the poor law commissioners for England and Wales;" any two of whom may sit as a board with power to summon and examine witnesses, and call for production of papers on oath; but they are not entitled to inquire into any title. III. They shall have a common seal. Rules, &c., purporting to be sealed with such seal, to be received as evidence.

IV. They must record their proceedings.

V. They must make a general report to the secretary of state yearly, and also report to the secretary of state when required.

VII. They have power to appoint assistant commissioners, and to remove the same. But they cannot appoint more than nine assistants without consent of the treasury.

VIII. Commissioners, while such, cannot sit in parliament.

IX. Empowered to appoint their own secretary, assistant secretary or secretaries, clerks, and other officers.

X. No commissioner to be appointed for a longer period than five years.

XI. Every commissioner and assistant commissioner shall take the following oath :-" 1, A. B., do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and judgment, execute and fulfil all the powers and duties of a commissioner (or assistant commissioner), under an act passed in the fifth year of the reign of king William the fourth, intituled," &c. Names of commissioners and their assistants to be published in the gazette, and notification sent to the clerks of the peace, and published in every county. XII. Commissioners may delegate powers to assistant commissioners, and also revoke them. Assistant commissioners may summon persons, and examine them upon oath. XIII. Persons giving false evidence to be guilty of perjury; refusing to attend when summoned, guilty of a misdemeanour.

XIV. Reasonable expenses of witnesses to be paid to them out of the poor's rates of the parish interested.

XV. Commissioners have the control of the administration of relief to the poor. They are also to make rules and regulations for the management of the poor and administration of the laws for their relief. They may also suspend or alter these rules.

XVI. Forty days before general rules can come into operation, they must be submitted to one of the secretaries of state. If, during the forty days, these rules be allowed by the king in council, they can come into operation. If the secretary of state should afterwards disallow them, they shall cease to operate, but transactions in virtue of them previously are valid.

XVII. All general rules shall be submitted to parliament, by one of the secretaries of state. XVIII. A printed copy of every rule must be sent to the overseers of each parish before they can come into operation. Every owner of property, or his agent, and rate payers, shall at all times have free access to these rules free of all charge. Any overseer, obstructing or neglecting to give them publicity, is liable to a penalty, not exceeding ten pounds nor less than forty shillings. The disallowance or withdrawal of any rule to be publicly notified. XIX. Inmates of workhouses are not obliged to attend any religious service contrary to their religious principles.

XX. The orders of assistant commissioner are not of force till they have been approved and sealed by one of the commissioners.

XXI. The commissioners are invested with the control of those acts for borrowing money, and all acts relating to the building, repairing, &c., of workhouses. Commissioners are entitled to attend local boards and vestries, but not to order the building or hiring of workhouses, except under limitations.

XXII. Prohibited from making additions or alterations to the rules contained in the schedule to 22 Geo. III. c. 83, or in any other act, until confirmed by commissioners.

XXIII. Commissioners are empowered to order workhouses to be built, hired, altered, or enlarged, with consent of a majority of the rate payers and owners of property who are entitled to vote in any parish.

XXIV. For the repayment of money borrowed for the purpose of building workhouses, the overseers are empowered to charge the future poor rates of the parish with the amount, provided it does not exceed one year's amount of poor rates.

XXV. The commissioners are empowered to order workhouses to be altered or enlarged without the consent of the rate payers. The overseers are required to assess, raise, and levy, the necessary money, provided the principal sum does not exceed fifty pounds.

XXVI. Commissioners are empowered to unite parishes; but, notwithstanding, each parish to be chargeable for the expense of its own poor.

XXVII. Under this union, any two justices may order out-door relief to aged and infirm persons wholly unable to work.

XXVIII. When an union of parishes is proposed, commissioners are to inquire the expense of poor belonging to each parish for the three years preceding. The several parishes included in such union shall, from the time of the union, contribute to a common fund for purchasing, hiring, providing, altering, or enlarging, any workhouse, &c., for the relief of the poor of such parishes.

XXIX. Commissioners are to make inquiry of the visitors, directors, &c., of such unions as had been effected under the 22 Geo. III. c. 83, whether the poor have been relieved in or out of the union, and how the expense has been paid.

XXX. The averages to be taken in the mean time from the parliamentary returns of the actual expense of the poor of each parish.

XXXI. Repeals part of the 22 Geo. III. c. 83, s. 5, and 56 Geo. III. c. 129, part of s. 1, and of 22 Geo. III. c. 83, s. 29.

XXXII. Commissioners have power to dissolve, add to, or take from, any union; to make such rules as may be adapted to such altered state; provided the rights and interests of parishes, and claims on these, be ascertained and secured. No such dissolutions or alterations of parishes shall prejudice, vary, or affect the rights or interests of third parties; nor shall they take place unless a majority of two-thirds of the guardians of such union shall concur. XXXIII. For the purpose of settlement, such parishes constituting an union shall be considered as one parish.

XXXIV. For the purpose of rating, an union shall be considered as one parish, provided the guardians agree and the commissioners consent. Such agreement and consent to be lodged with the clerk of the peace.

XXXV. The guardians shall ascertain and assess the value of the rateable property in such unions. Rates grounded on such assessment are to be allowed as poor rates.

XXXVI. The expenditure for the poor of such unions to be in common.

XXXVII. No union shall be formed without the previous consent of the commissioners, testified under their hand and seal.

XXXVIII. In every union, a board of guardians shall be constituted and chosen, by whom the workhouse shall be governed, and the relief of the poor administered. The guardians shall be elected by the rate payers and owners of property in the united parishes. XXXIX. The regulation is similar for single parishes.

XL. Owners as well as occupiers are entitled to vote at elections of guardians. Votes are to be taken in writing. Votes may be taken by proxy. No rate payer is entitled to vote unless he has paid rates for one year.

XLI. Elections of guardians, visitors, and other officers, under the act 22 Geo. III. c. 83, or any local act, are to be made according to the provisions of this act.

XLII. The commissioners may make rules and regulations for any present or future workhouses. They may vary by-laws already in force or to be hereafter made. Rules which affect more than one union are to be considered as general rules.

XLIII. Justices are empowered to see by-laws enforced, and to visit workhouses, in pursuance of the act 30 Geo. III. c. 49. But where the commissioners' rules are not in force, justices, parish clergymen, &c., are not restrained from visiting, examining, and certifying the state of the poor therein.

XLIV. Buildings taken for workhouses are to be within the jurisdiction of the borough, &c., to which they belong, although the parish may not be within the jurisdiction of the borough.

XLV. No lunatic, insane person, or dangerous idiot, is to be detained in any workhouse more than fourteen days.

XLVI. Commissioners may direct overseers and guardians to appoint paid officers for parishes or unions. They may fix their duties, mode of appointment, dismissal, the security required, and regulate their salaries.

XLVII. Overseers are directed to pass quarterly accounts. Balances may be recovered in the same manner as penalties and forfeitures. But no such proceeding shall exonerate or discharge the liability of the surety.

XLVIII. Masters of workhouses and parish officers are placed under the orders of the board of guardians, and are removable by them.

XLIX. No contract shall be valid unless it be conformable to the rules laid down by the commissioners.

L. Repeals the 45 Geo. III. c. 54, respecting contracts.

LI. The penalty imposed by 53 Geo. III. c. 177, on persons having the management of the poor being concerned in any contract, is extended to persons appointed under this act. LII. Commissioners are to regulate the relief to able-bodied paupers and their families out of the workhouse. Whatever relief overseers or guardians may give contrary to such orders is declared to be unlawful and invalid, and shall be disallowed. Under special circumstances, guardians may delay the operation, and report to the commissioners. If the commissioners disapprove of delay, they may fix a day from which all such relief shall be disallowed. In cases of emergency, guardians may grant relief in food, temporary lodging, or medicine, but must report to the commissioners within fifteen days, when such relief shall be lawful.

LIII. Repeals 36 Geo. III. c. 23. 55 Geo. III. c. 137, s. 3 and 4, and 59 Geo. III. c. 12, s. 2 and 5.

LIV. The ordering, giving, and directing of all relief to the poor of any parish shall be under the government and control of any guardians of the poor. Any justice may give order for medical relief in dangerous illness.

LV. Masters of workhouses and overseers shall keep a register of the name of every poor person in the receipt of relief out of the workhouse.

LVI. All relief given to the wife, or children under the age of sixteen, shall be considered

as given to the husband. All relief given to children under sixteen of any widow shall be considered as given to the widow.

LVII. Every man who shall marry a woman, having a child or children before marriage, whether such children be legitimate or otherwise, shall be liable to maintain them as part of his family.

LVIII. Such relief as the commissioners may direct to be given to any poor person above the age of twenty-one, or to his wife, or to any part of his family under the age of sixteen, they may direct to be considered as a loan.

LIX. Justices are empowered to summon any labourer, and to attach his wages in the hand of his employer for the recovery of such loans. Any master or employer neglecting or refusing to pay the guardian the balance of wages, justices may enforce such employer, by penalties.

LX. Repeals so much of the 43 Geo. III. c. 47, as requires relief to be given to wives and families of substitutes, hired men, or volunteers of militia.

LXI. Justices are required and empowered to certify that the commissioners' rules have been complied with in binding poor children apprentices.

LXII. Owners of property and rate payers are empowered to raise money on security of rates, for the purposes of defraying the expenses of emigration.

LXIII. The commissioners are empowered to make advances of money from exchequer bills to guardians, for purchasing, building, altering, or enlarging, any workhouses, or for purchasing land whereon to build the same, upon the security of the poor rates.

LXIV. No settlement shall hereafter be acquired by hiring and service, or by residence under the same, or by serving an office.

LXV. No person, under any contract of hiring and service not completed at the time of the passing of this act, shall acquire or be deemed to have acquired any settlement by reason of such hiring and service, or of any residence under the same.

LXVI. No settlement shall be acquired or completed by occupying a tenement, unless the person occupying the same shall have been assessed to the poor's rate, and shall have paid the same for one year.

LXVII. No settlement shall be acquired by being apprenticed in the sea service, or to a householder exercising the trade of the seas as a fisherman or otherwise, nor by any person now being such an apprentice in respect to such an apprenticeship.

LXVIII. No person shall retain any settlement, gained by virtue of any possession of any estate or interest in any parish, for any longer time than such person shall inhabit, within ten miles thereof. In case such person shall cease to inhabit within such distance, and become chargeable, he shall be removed to the parish wherein he may have previously been legally settled.

LXIX. Repeals so much of any act of parliament which enables any single woman to charge any person with having gotten her with any child of which she shall be then pregnant, or as renders any such person liable to be apprehended or committed, or required to give security, on any such charge, or as enables the mother of any bastard children to charge or affiliate any such child or children on any person as the reputed or putative father thereof, or as enables any guardian to charge or make complaint against any putative father, and to require him to be charged with or contribute to the expenses attending the birth, sustentation, or maintenance, of any such child or children. Also repeals so much of any act as renders an unmarried woman with child liable, as such, to be summoned, examined, or removed, or as renders the mother of any bastard liable, as such, to be imprisoned or otherwise punished, so far as respects any child which shall be likely to be born a bastard.

LXX. Securities and recognizances to indemnify any parish for child or children likely to be born bastards, whereof any single woman shall be pregnant at the time of passing this act, are declared to be null and void. Persons in custody for not giving security, &c., to be discharged.

LXXI. Every child which shall be born a bastard after the passing of this act, shall have and follow the settlement of the mother until such child shall attain the age of sixteen, or shall acquire a settlement in its own right. Such mother, so long as she shall be unmarried