that discretion which is so much wanted to discriminate between the claims of the idle and industrious; and their decisions may, it is hoped, supersede the necessity of those appeals to the magistrates, which have been so numerous as to preclude frequently that attention being given to each particular case, which it night otherwise have received, and perhaps suggested the adoption of that scale of relief, which has been applied indiscriminately to those whose earnings, so measured, were found insufficient for their maintenance.

The frequent application to magistrates originated, perhaps, 13 a proviso of the 3d and 4th of William and Mary, c. 11, that no persons, hit those registered in a book d rected to be kept in each parish, should "receive collecton, but by the authority of a justice or the justices in sessions. If any neglect therefore occurred in keeping such register, recourse would naturally and properly be had to the justices; but without sch neglect, a probability was afforded of procuring from the justices that which was refused by the puresh officer, insomuch that it should seem from the 9th Geo. I. e7, that it had become necessary to check such applications; for it re stes, "that many persons have applied to some justice of the peace without the knowledge of any officers of the parish, and thereby upon untrue suggestions, and sometimes upon false and frivolous pretences, have obtained reaf It therefore provided that no poor person should be relieved till oath made of a reasonable cause for such relief, and that ap

plication had been made in vain to the parish; and the justice is ordered to summon two of the overseers, to show cause why such relief should not be given. But under this statute every person who is dissatisfied with the decision of the overseer, of course applies to the justice, to whom his wants and habits must generally be less known; and in default of the attendance of the officers, which, constituted as the office of overseer is, frequently happens, either from the distance of the magistrate or from the pressure of other business, an order or recommendation is given on the statement of the applicant. This preventive provision of the 9th Geo. I. appearing therefore to hare wholly failed, it is hoped that the intervention of such a select vestry would be more effectual, especially if they were aided by the establishment of the parochial benefit fund, which would afford, after some time, the surest criterion of the industry and providence of each parishioner.

The efficacy however of this as well as of any other expedient which can be suggested, must depend upon some of those who are most interested in the welfare of a parish, taking an active share in the administration of its concerns. Without this, the committee are convinced no benefit will be derived from any amendment that can be made in the details of the system; and with it, even under the existing law, much may be effected, as it has been, both in single and in incorporated parishes, where such superintendence prevails; and they think no means are so likely to lead to this

desirable

desirable practice, as giving to such a part of the vestry as may bear some analogy to the heritors and kirk session of Scotland, a practical and efficient discriminating power in granting relief, still leaving an appeal to the petty sessions open, if the judgment of such a body should be thought erroneous. The heritors and kirk session continue to perform the duty of adjusting the list of the poor; and though, by 3 and 4 W. III. c. 11, the same duty has been enjoined upon the parishioners generally, and none but those in such list are permitted to a share of the assessment, except by order of a justice, your committee believe that this provision has been so generally neglected, as to be almost forgotten.

One of the cases in which such a discriminating power may be exercised with the greatest justice, occurs not unfrequently where the party is in present want, from having squandered away earnings that would have afforded ample means for the support of a family; in such instances, in conformity with this principle, it might be expedient that there should be a power to advance such sums as may be necessary for the immediate support of the family, by way of loan only, to be repaid by instalments, according to the discretion of the select vestry or magistrates; such a practice would at least be attended with the advantage of securing inquiry and discrimination. The application of the same principle to the wants of persons who are in the receipt of allowances from Chelsea and Greenwich hospitals, leads the committee to think it expedient to

recommend, that, where any person entitled to a pension or other allowance from Chelsea or Greenwich hospital, shall apply for parish relief, the parish officers may require, and any magistrate may authorise and direct the assignment of such pension or allowance for the reimbursement of the parish, such assignment to be made in a short form to be prescribed, to be of one or more quarterly payments, as the magistrate may think fit, regard being had to the amount of the relief ordered. The parish officers should be required to give immediate notice to the revenue officer of the district who is authorised to pav such pensions, and the parish officers, or their successors, should be authorised to receive the payments when due, according to the tenor of the assignments, subject to account with the pauper before a magistrate.

And as it might contribute materially to the comfort of the persons entitled to such allowances, and tend to prevent the necessity for such applications on their part for relief, if they were enabled to receive the sums due to them weekly instead of quarterly, it is recommended that authority should be given by law to any person entitled to a pension or other provision from Chelsea or Greenwich hospital, to assign such pension to the overseer of the parish in which he may re-ide, and to provide that upon such as signment being made with the approbation of a magistrate, and registered at Greenwich or Chelsea, it shall be lawful for the overseer to pay to such person out of the poor rates a weekly allow

ance

ance corresponding to the rate of such pension; and the directors and governors of Chelsea and Greenwich respectively should direct the quarterly issue of any pension so assigned to be paid to such overseer, in reimbursement of the weekly advance, under proper regulations to be made for that purpose. In the one case, the parish will be reimbursed the sums advanced, as in justice it ought to be; and in the other, the temptation to extravagance being removed, the want perhaps will not be created.

Having thus considered the description of persons to be relieved, either by employment or pecuniary assistance, it remains to your committee to direct the attention of the House to the place in which such persons were respectively to be so relieved or set to work, embracing what is termed the Law of Settlement; which, if not the most important branch of the subject in other respects, yet, as it affects the comforts, the happiness, and even the liberty of the great mass of our population, is of the highest interest.

From the reign of Richard II. impotent beggars were directed to repair to the place of their birth; afterwards, to the place where they had last dwelled or were best known, or were born, or had "made last their abode by the space of three years." And such continued to be the law at that period, when funds for the relief of the poor were first raised by a compulsory assessment; a provision which rendered it still more important to define correctly, what persons were locally entitled to partake of this local

fund; and the 14th Eliz. consequently authorised the removal of persons "to the place where they were born, or most conversant for the space of three years next before." And this enactment appears to have remained unaltered by any act of the legislature, except in the case of rogues and vagabonds, who were to be sent to their last dwelling, if they had any; if not, to the place where they last dwelt by the space of one year; though decisions of the courts of law seem to have considered a month's abode, or a residence of forty days, in some cases sufficient to gain a settlement. The doubts which, however, existed on this subject, were removed by 13 and 14 Car. II. c. 12, which established a new system, imposing a restraint on the circulation of labour, essentially affecting the domestic comforts and happiness of the poor, and giving rise to various subsequent provisions, which have become the fruitful source of litigation.

or

The statute enacts, that, "whereas by reason of some defects in the law, poor people are not restrained from going from one parish to another, and therefore do endeavour to settle themselves in those parishes where there is the best stock, the largest commons wastes to build cottages, and the most woods for them to burn and destroy; and when they have consumed it, then to another parish, and at last become rogues and vagabonds, to the great disconragement of parishes to provide stock, when it is liable to be devoured by strangers: Be it therefore enacted by the authority afore

said, That it shall and may be lawful, upon complaint made by the church wardens or overseers of the poor of any parish, to any justice of the peace, within forty days after any such person or persons coming to settle, as aforesaid, in any tenement under the yearly value of 101. for any two justices of the peace, whereof one to be of the quorum, at the division where any person or persons that are likely to be chargeable to the parish shall come to inhabit, by their warrant to remove and convey such person or persons to such parish where he or they were last legally settled, either as a native householder, sojourner, apprentice or servant, for the space of forty days at the least, unless he or they give sufficient security for the discharge of the said parish, to be allowed of by the said justices."

But as a settlement would be thus gained by forty days residence, and that residence might not be matter of notoriety, when such a natural inducement would exist to conceal it, by a subsequent act the forty days residence is to be reckoned, not from the day of the person coming to inhabit, but from the time at which he gives a notice in writing to one of the parish officers of his abode, and the number of his family. even this precaution against a clandestine residence was not enough to prevent such notice being defeated by the inattention and misconduct of the officers; and it was therefore further provided, that such notice should be published in the church and registered; it was felt necessary, however, to provide that the following persons should

But

be deemed to have a legal settlement in the parish, though no such notice in writing be delivered or published:

1st. Any person executing a public annual office in the parish, or paying parish taxes.

2d. Any unmarried person, without child or children, hired for one year.

3d. Any person bound an apprentice by indenture.

Notwithstanding these exceptions, the mischief of making the labouring classes thus stationary appears to have been soon felt, and the expedient was adopted of granting certificates by the major part of the parish officers, and allowed by two justices, acknowledging the persons removing to belong to their parish, undertaking to provide for them whenever they may be forced to ask relief of the parish to which such certificate is brought; in that case they were irremovable till actually chargeable; but in that event they might be conveyed to their place of settlement. By these means, it was hoped, that those who were in want of work in one parish might be enabled to seek it in another, notwithstanding the provisions of the 13th and 14th, C. II. which restrained them from carrying their labour to the best market.

By a subsequent act, care was taken that no settlement should be gained by a residence under such certificate, unless the party took a lease of a tenement of the annual value of 10l. or executed some annual office, being legally placed therein. And by the 12th Anne,

c. 18, an apprentice or a hired servant to a certificated person, could not by virtue of the apprenticeship,

ticeship, or hiring and service, gain any settlement in such parish. Another act was passed to ensure the regular execution of such certificate, by the attestation of witnesses, and again for the mɔre certain reimbursement by the certifying parish, of the expenses attendant on the removal of the certificated person. After all, it was solemnly decided, that the granting these certificates was quite discretionary, both with regard to the parish officers and the magistrates. And such continued to be the only means by which this restraint on the free circulation of labour could be avoided, till in the thirty-fifth year of the present reign, the privilege of persons not being removed till actually chargeable, which had been recently conferred on members of friendly societies, was extended by a law which deserves perhaps more notice and applause than it has re eived, and the liberty of removing from place to place was made no fonger to depend upon the will and judgment either of parish officers or inagistrates, but the removal of poor persons was prevented till they were actually chargeable.

No material alteration has been made in the law of settlement since this act; and the result of the various enactments on this subject now is, that every poor person, when entitled to parochial relief, can claim it only (except in cases of sudden accident or calamity) in that parish in which he has resided during forty days, either on an estate of his own, if purchased, of the value of 301. or in a tenement rented by him of, the annual value of 101. or under in

dentures of apprenticeship, or having served a year under a yearly hiring, as an unmarried man, without a child, or by executing a public annual office during the year. If a settlement has been acquired by neither of these means, the father's settlement becomes that of his issue; if that be unknown, the mother's; and if that also should not be ascertained, recourse must be had to the place of birth, which is also (with certain exceptions) the place of settlement of illegitimate children, till they have acquired another by one of the modes described by the statute above enumerated. Persons not born within the kingdom, and who have acquired no settlement by either of the above means, are by the humane interpretation of the law to be relieved, in case of necessity, in the parish in which they are found.

These various provisions have given rise to a course of expensive and embarrassing litigation, of which a very inadequate measure would be formed by reference to the cases, numerous as they are, which have been reported in the superior court; for supposing all that have been there decided to have been reported, still they are decisions of such questions of law only as seemed doubtful to the magistrates and courts below, exclusive of the infinitely greater number of questions of fact, on which it is the peculiar province of the justices alone to decide, either in the first instance, or by way of appeal; and it may perhaps be added, that on no branch of the law have the judgments of the superior court been so contradictory. A better judgment may

perhaps