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Dalton's The Country Justice, 1690
Volume 153, Page 160   View pdf image (33K)
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160
Poor.

    And Minsh. verb. Hogenhyne, third, and Uncouth saith, that Uncouth
signifieth incognitus, and is used in ancient Saxon Laws for him that cometh
to an Inn Guesswise, and lieth there for two nights at the most; and that
by the Laws of
Edward, and of the Conqueror Hospes trium noctium, if he
did any harm, his Host was answerable for the harm, as for one of his own
family; and that if he tarried any longer, then he was called
Hogenhyne or
Agenhyne that is, Familiaris.  So it seemeth in those times, that to lodge in a
place for three or four nights together, was counted a setling.

Chap. 73.
    Such as shall remove or put any out of their Parish, that be not to be put
out; this is against the Statute concerning the relief of the Poor, and
fineable.  And if any have been so sent, they may be sent back again.
Resol. 11.
    Now this Fine seemeth to be by force, if the Statute 39 El. c. 4. and to
amount to five pounds, and is to be levied by Distress and Sale of the
offenders Goods, upon a Warrant under the Hands and Seals of any two
Justices of the Peace, either upon the confession of the offenders, or else
upon the testimony of two sufficient witnesses.
P. Vag. 5.
11.
    §. 10.     All such persons as in any wise shall disturb the execution of this Law,
concerning Rogues, or the relief, or setling of poor impotent persons, shall
forfeit five pounds; and any two Justices of Peace may bind such Offenders
to their Good Behavior; and may also by Warrants under Hands and
Seals, cause the said five pounds to be levied by Distress and Sale of the
offenders Goods, as aforesaid:  Which forfeiture the said two Justices also
by their discretion, may order to be imployed to the relief of the Poor
where the offence shall be committed, or to the maintenance of the House
of Correction, &c.  Quære for this forfeiture, for that the Statute 39 Eliz.
c.
3. made for the relief of the Poor, is expired.
39 Eliz. 4.
p. Vag. 5.
11.
    §. 11.
Removal.
    Upon complaint made to any Justice of Peace by the Churchwardens or
Overseers, within forty days, of any person, likely to be chargeable coming
to settle in a Tenement under
10 l. per annum.  Two Justices Quorum unus
of that Division where he comes to inhabit, may by Warrant remove and
convey him to the Parish where he was last legally setled, as a Native Housholder,

Sojourner, Apprentice, or Servant, for forty days, at the least, unless
he give security for the discharge of the Parish, to be allowed by the said
Justices,
14 Car. 2. c. 12.
Appeal.     The Persons thinking themselves grieved, may appeal to the next Sessions
who shall do them right. 
14 car. 2. c. 12.
Harvest.     Any person may for Harvest-work, or other work, out of one County into
another, so as they carry with them a Testimonial under the Ministers hand,
and the hand of one Churchwarden, and one Overseer, that he hath a dwelling-house
there, and hath left a Family there, or otherwise as the condition of
the person shall require; and if he shall not return when his work is finished,
or shall become impotent:  This shall not be accounted a settlement, but two
Justices of Peace, may convey him back under the Penalties in that Act.
14 Car. 2. c. 12.
Not going.     If such person shall refuse to go, or shall not remain in the place where he
ought to be setled, but shall of his own accord come back to the place from

which he was removed.  Two Justices of Peace may send him to the House of
Correction, to be punished as a Vagabond, or to a Work-house, in that Act
mentioned to be sent on work. 
14 Car. 2. c. 12.
    If any Churchwarden or Overseers refuse to receive such person so to be
removed, and provide for him as an Inhabitant; any Justice of Peace may
bind them to the Assizes or Sessions, to be indicted for their contempt.  This
Act to continue to the end of the first Session of the next Parliament. 
14 Car.
2. cap. 12.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 160   View pdf image (33K)
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