| Chap. 73. |
Poor.
' At the Assize in the County, the Justices have
their several power,
' as the Justices of Gaol-delivery, Oyer and Terminer,
and Justices of
' Peace. |
169 |
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' But when the Records are made up, they must be
according to the
' power they made election to proceed upon. |
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' This is the regular and legal course. But
the Clerks of the Assizes
' promiscuously make Entry thereof; but if a Writ of Error be brought,
' they must certifie according to Law, or else it will be erroneous;
and so
' upon a Certiorari. |
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' The Sessions of London may be begun at
the Guildhal, and then adjourned
' to Newgate; if some Indictments be at Guildhal, then
those must
' be so certified; If others at Newgate, then the adjournment
must be mentioned,
' and that the Indictment was then taken. |
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' Note, That the tryal of Indictments taken before
Justices of the
' Peace of London, cannot be tried at Newgate, as in
nature of a tryal before
' Justices of the Peace at London, for many of the Commissioners
for
' Gaol-delivery are not Justices of the Peace for London, but
in such
' Cases the tryal must be before the Justices of Gaol delivery:
As upon
' Indictments taken before the Justices of the Peace of London;
as in
' the Case of Indictments taken before the Justices of the Peace of
Middlesex. |
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' But if Indictments at Newgate be originally
taken before them, as
' Justices of Gaol-delivery, then it is inquirable how the Jury sworn
and
' impanelled to inquire at the Sessions of the Peace for London
or Middlesex,
' do serve to present Indictments before the Justices of Gaol-delivery
' at Newgate, unless the custom and usage will warrant the two
several
' Juries sworn at the Sessions of Peace for London or Middlesex,
are also
' by the same Oath and impanelling, to serve for the Grand Jury for
the
' Commission of Gaol-delivery, Oyer and Terminer. |
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' Upon Conference with the Clerks for Newgate
of London and Middlesex,
' and the Clerks of Assize, and view of the several Entries, more
' certain resolution may be given, as occasion may be offered, in any
particular
' Case. |
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Next, here is a consideration to be had of three
sorts or degrees of
Poor. |
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1. Poor by Impotency and Defect.
1. The Aged Decrepit, that are past labor.
2. The Infant, Fatherless and Motherless,
and not able to work.
3. The Person naturally disabled, either in
wit, or member, as an Ideot,
Lunatick, Blind, Lame,
&c. not being able to work.
4. The person visited with grievous diseases,
or sickness through casually,
yet thereby for the
time being impotent. |
§ 35.
Poor, three
sorts. |
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All these (being impotent and not able to work)
are to be found and
provided for by the Overseers of necessary relief; and are to have
allowances
proportionable, and according to the continuance and measure of
their maladies, and needs; and of these it may be said, Si non pavisti,
occidisti.
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2. Poor by Casualty.
1. The person casually disabled, or maimed in
his Body, as the Souldier,
or Laborer, &c.
maimed in their lawful Callings.
2. The Housholder decaied by casualty of Fire,
Water, Robbery, Suretiship,
&c.
3. The poor Man overcharged with Children. |
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Q
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