Anno Octavo & Nono
Regni VICTORI, Britanniarum Regin.
CAP. LXXXIII.
An Act for the Amendment and better Administration of the Laws
relating to the Relief of the Poor in Scotland. [4th August 1845]
'AT the Parliament begun and holden at Westminster, the Nineteenth Day of August, Anno Domini 1841, in the Fifth Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith: And from thence continued by several Prorogations, to the Fourth Day of February 1845; being the Fifth Session of the Fourteenth Parliament of the United Kingdom of Great Britain and Ireland.'
'WHEREAS it is expedient that the Laws relating to the Relief of the Poor in Scotland should be amended, and that Provision should be made for the better Administration thereof:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the following Words and Expressions, when used in this Act, shall in the Construction thereof be interpreted as follows, except where the Nature of the Provision or the Context of the Act shall exclude or be repugnant to such Construction; (that is to say,) the Word 'Burgh' shall include and apply to Cities, Burghs, and Towns which are Royal Burghs, or which send or contribute to send a Member to Parliament; 'Sheriff' shall include and apply to Sheriff Substitute and Stewart Substitute; the Words 'Lands and Heritages' shall extend to and include all Lands, Fishings, Freshwaters, Ferries, Quays, Wharfs, Docks, Canals, Railways, Mines, Minerals, Quarries, Coal Works, Lime Works, Brick Works, Iron Works, Gas Works, Factories, and manufacturing Establishments, Houses, Tenements, Shops, Warehouses, Mills, Cellars, Stalls, Stables, Gardens, Yards, and all Buildings and Pertinents thereof; the Word 'Oath' shall include the Affirmation of a Quaker, Separatist, or Moravian; 'Owner' shall apply to Life-renters as well as Fiars, and to Tutors, Curators, Commissioners, Trustees, Adjudgers, Wadsetters, or other Persons who shall be in the actual Receipt of the Rents and Profits of Lands and Heritages; 'Persons' shall extend to a Body Politic, Corporate, or Collegiate; and every Word importing the Singular only shall extend to several Persons or Things as well as one Person or Thing; and every Word importing the Plural shall be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender shall extend to a Female as well as a Male.
II. And be it enacted, That a Board of Supervision shall be and is hereby established for the Purposes of this Act, and the said Board shall consist of the following Persons; (videlicet,) the Lord Provost of Edinburgh, the Lord Provost of Glasgow, the Solicitor General of Scotland, the Sheriff Depute of the County of Perth, the
Sheriff Depute of the County of Renfrew, the Sheriff Depute of the County of Ross and Cromarty, all for the Time being, together with Three other Persons, whom it shall be lawful for Her Majesty, Her Heirs and Successors, by Warrant under the Sign Manual, to appoint; and it shall also be lawful for Her Majesty, Her Heirs and Successors, to supply any Vacancy which may occur in the said Board by Removal, by
Death, or otherwise of any of the said Three Persons; and the said Board shall be styled 'The Board of Supervision for Relief of the Poor in Scotland; ' and the said Board may sit from Time to Time and at such Places as they shall deem expedient.
III. And be it enacted, That the Members of the said Board shall derive no Profit or Emolument for the Discharge of the Duties of their Office, except as herein-after mentioned, and shall not be personally responsible for any thing done bon fide in the Execution of this Act, or in the Exercise of the Powers therein contained: Provided always, that any necessary Expences incurred by the Board or by Members
thereof, or Committees or Commissioners authorized or
appointed by the Board as herein-after provided, shall be deemed as Part of the incidental Expences attending the Execution of this Act, and be paid accordingly; and an Account of all Expences of the said Board shall be annually laid before Parliament.
IV. And be it enacted, That it shall be lawful for Her Majesty, Her
Heirs and Successors, to nominate One of the Three Members of the said
Board of Supervision to be appointed by Her Majesty as aforesaid, who
shall be paid, and also to appoint a fit Person to be Secretary to the
said Board, who shall also be paid, and to supply any Vacancy which may
occur in the said Office of Secretary; and such paid Member of the Board
of Supervision and such Secretary shall each receive an adequate Salary
of such Amount as shall from Time to Time be regulated and approved by
the Lord High Treasurer or the Commissioners of Her Majesty's Treasury
of the United Kingdom of Great Britain and Ireland, or any Three or
more of them; and such Secretary shall find sufficient Security for his
Intromissions and Management to the Satisfaction of the said Board, and
shall be liable to be removed by Her Majesty on the Recommendation of
the said Board; and the Sheriffs of the said Three Sheriffdoms of
Perth, Renfrew, and Ross and Cromarty shall each receive the Sum
of One hundred Pounds Sterling per Annum, in addition to their
present Salaries, so long as they continue to act as Members of the said
Board.
V. And be it enacted, That the said Board of Supervision shall meet at
Edinburgh in the Court Room of the First Division of the Court of
Session upon the Twentieth Day of August next, or upon the first
convenient Day within Ten Days thereafter, of which due Notice shall be
given by the Secretary to each of the Members, and shall thereafter hold
Two General Meetings in each Year, one upon the First Wednesday in
February, and the other upon the First Wednesday in August; and
at such First Meeting, and at all other Meetings to be held in pursuance
of this Act, Three shall be sufficient to act; and the said Board shall
have Power to adjourn for such Time and to such Place as they shall see
fit; and it shall be lawful for the said Board to hold Special or Pro
re nat Meetings, which may be called by the Secretary, provided that
such Notice shall be given in Writing by the Secretary as the Board
shall direct; and that all Notices of Special or Pro re nat Meetings
shall specify the Business or Matter on which such Meetings are called;
and it shall be the Duty of the paid Member of the said Board
not only to attend at the General and the Special or
adjourned Meetings, but to give regular Attendance for the Purpose of
conducting the Business of the said Board; and the Board shall have
Chambers in Edinburgh at which the ordinary Business of the Board
shall be conducted, and at which the Meetings of the Board may be held.
VI. And be it enacted, That the said Board shall have Power, as often as
they may deem fit, to appoint any Two or more of their Number as a
Committee for the Purposes of this Act, and if more than Two to fix the
Number of such Committee that shall be sufficient to transact Business;
and it shall be lawful for such Committee, in transacting the Business
committed to them, to exercise all the Powers necessary for that Purpose
which are by this Act given to the Board of Supervision; and such
Committee shall be bound to report to the Board at such Time or Times as
the Board shall direct, and failing such Direction shall report to the
said Board at its next general statutory Meeting.
VII. And be it enacted, That it shall be lawful for the said Board from
Time to Time, as they shall see Occasion, to make general Rules and
Regulations for conducting the Business of the said Board, and for
exercising the Powers and Authorities thereof, and to alter such Rules
and Regulations: Provided always, that such Rules and Regulations and
Alterations, or a Copy thereof, shall be transmitted to One of Her
Majesty's Principal Secretaries of State for his Sanction and Approval,
and for such Additions or Alterations as he may deem necessary; and no
Rules or Regulations or Alterations as aforesaid shall be effectual,
except such as shall have been approved of by the said Secretary of
State, who shall be understood to have approved of all such Rules and
Regulations and Alterations aforesaid as shall have been transmitted for
his Sanction and Approval if no Intimation to the contrary be made to
the Board of Supervision within Twenty-one days from the Date of such
Transmission; and a Copy, signed and certified by the Secretary of the
Board of Supervision, of the Rules and Regulations and Alterations
approved as aforesaid, shall be Evidence of such Rules, Regulations, and
Alterations in any Court of Law or Justice.
VIII. And be it enacted, That the said Board of Supervision shall make a
Record of their Proceedings, in which shall be entered Minutes of all
Meetings held by them, or any Committee appointed by them, and all
Resolutions passed and Orders made by them, and all other Matters which
the Board may judge proper; and the said Board shall once in every Year
submit to One of Her Majesty's Principal Secretaries of State a general
Report of their Proceedings, which Report shall contain in particular a
full Statement as to the Condition and Management of the Poor throughout
Scotland, and the Funds raised for their Relief; and every such
Report shall be laid before both Houses of Parliament within Six Weeks
after the Receipt of the same by such Principal Secretary of State, if
Parliament be then sitting, or if Parliament be not sitting, then within
Six Weeks of the next Meeting thereof.
IX. And be it enacted, That it shall be lawful for the said Board of
Supervision to inquire into the Management of the Poor in every Parish
or Burgh in Scotland, and for this Purpose the said Board is hereby
empowered to make Inquiries, and require Answers or Returns to be made
to the said Board, upon any Question or Matter connected with or
relating to the Relief of the Poor, and also by a Summons, signed by One
of their Number, or by the Secretary, to require the Attendance of all
such Persons as they may think fit to call before them upon any such
Question or Matter, and to administer Oaths to and examine upon Oath all
such Persons, and to require and enforce the Production, upon Oath, of
all Books, Contracts, Agreements, Accounts, and Writings, or Copies
thereof respectively, in anywise relating to any such Question or
Matter, or in lieu of requiring such Oath as aforesaid the said Board
may, if they think fit, require any such Person to make and subscribe a
Declaration of the Truth of the Matters respecting which he shall have
been or shall be so examined.
X. And be it enacted, That it shall and may be lawful for the said
Board, whenever it may seem fitting to them, to authorize and empower
for a limited Time One of the Members thereof to conduct any special
Inquiry in any Part of Scotland, and to report thereon to the Board;
and such Member, so authorized and empowered, shall be entitled to
summon and examine on Oath Witnesses and Havers, and to exercise all
such other of the Powers by this Act given to the Board of Supervision
as may be necessary for conducting such Inquiry, and such Member shall
be reimbursed by the said Board for all Expences necessarily incurred by
him in conducting such Inquiry, and such Expences shall be deemed Part
of the Expences attending the Execution of this Act, and be paid
accordingly.
XI. And be it enacted, That it shall and may be lawful for the said
Board of Supervision, whenever it may seem fitting to them, with the
Consent of One of Her Majesty's Principal Secretaries of State, or of
Her Majesty's Advocate for Scotland, or whenever the said Board may
be thereunto required by One of Her Majesty's said Secretaries of State,
or Her Majesty's said Advocate, to appoint some Person, not being a
Member of the Board, but being a Member of the Faculty of Advocates, or
a duly qualified Medical Practitioner, or an Architect or Surveyor, or
Two or more of such Persons, to act as a Commissioner or Commissioners
for the Purpose of conducting any special Inquiry for a Period not
exceeding Forty Days, and to report thereon; and the said Board shall
delegate to every Person so appointed for the Purpose of conducting such
Inquiry all such of the Powers of the said Board as they may deem
necessary or expedient for summoning or examining Witnesses and Havers,
and otherwise conducting such Inquiry; and every such Appointment shall
be subject to the Approval of One of Her Majesty's said Secretaries of
State, or of Her Majesty's said Advocate; and every Person so appointed
as aforesaid to conduct any special Inquiry shall, before he enter on
the Execution of his Duties, take an Oath de fideli administratione
officii, which Oath may be administered to him by any Member of the
Board, or any One of the Judges of the Court of Session, or the Sheriff
of any County; and it shall not be necessary to notify the Appointment
of any such Commissioner otherwise than by intimating the same by Letter
under the Hand of the Secretary, or of any Member of the Board, to the
Sheriff of the County within which the Inquiry in question is to be
made; and every such Commissioner shall be reimbursed by the said Board
for all Expences necessarily incurred by him in conducting such Inquiry,
and shall also receive such reasonable Remuneration for his Time and
Trouble as may have been agreed upon between him and the said Board, and
approved of by Her Majesty's said Secretary of State or Advocate; and
failing of any such Agreement the Amount of the Remuneration shall be
fixed by the Lord High Treasurer, or the Commissioners of Her Majesty's
Treasury, or by such Person or Persons as he or they shall name.
XII. And be it enacted, That it shall be lawful for the said Board of
Supervision, in any Case where they see fit, to order and allow such
Expences of Witnesses, and such Expences of or concerning the
Production of any Books, Contracts, Agreements, Accounts, or Writings,
or Copies thereof, to or before the said Board or Committee thereof or
Commissioner as such Board may deem reasonable; and such Expences so
ordered and allowed shall be deemed Part of the incidental Expences
attending the Execution of this Act, and be paid accordingly.
XIII. And be it enacted, That if any Person upon any Examination on Oath
under the Authority of this Act, shall wilfully give false Evidence he
shall be deemed guilty of Perjury, and shall be liable to the Pains and
Penalties thereof; and in case any Person shall wilfully refuse to
attend in obedience to any Summons of the said Board of Supervision or
Committee thereof, or Member or Commissioner authorized or appointed by
the Board as aforesaid, or to give Evidence, or shall wilfully refuse to
produce any Books, Contracts, Agreements, Accounts, and Writings, or
Copies of the same, which may be required to be produced before the said
Board or Committee, or Member or Commissioner, or shall wilfully neglect
or disobey any of the Orders of the said Board or Committee, or Member
or Commissioner, or be guilty of any Contempt of the said Board or
Committee, or Member or Commissioner, such Person being thereof lawfully
convicted shall forfeit and pay for the First Offence any Sum not
exceeding Five Pounds, for the Second and every subsequent Offence any
Sum not exceeding Twenty Pounds nor less than Five Pounds.
XIV. And be it enacted, That the said Board of Supervision shall be and
is hereby empowered from Time to Time to appoint all such Clerks,
Messengers, and Officers as they shall deem necessary and from Time to
Time, at the Discretion of the said Board, to remove such Clerks,
Messengers, and Officers, or any of them, and to appoint others in their
Stead; provided that the Amount of the Salaries of such Clerks,
Messengers, and Officers shall from Time to Time be regulated by the
Lord High Treasurer, or the Commissioners of Her Majesty's Treasury, or
any Three or more of them; and the Name of every Person so appointed or
removed as aforesaid shall forthwith be intimated to One of Her
Majesty's Principal Secretaries of State for his Approval, who shall be
understood to approve of such Appointment or Removal if no Notice to the
contrary be received by the said Board within Twenty-one Days from the
Day of the Date of such Intimation.
XV. And be it enacted, That it shall be lawful for any of the Members or
the Secretary of the said Board of Supervision or for any Clerk or
Officer of the said Board, provided that such Clerk or Officer shall be
duly authorized by a Writing signed by Two at least of the Members of
the said Board of Supervision, to attend and be present at the Meetings
of any Parochial Board for the Management of the Poor, and to take Part
in the Discussions but not to vote at such Board.
XVI. And be it enacted, That in every Case in which it may appear to the
Board of Supervision, on Application by the Parochial Boards of any One
or more adjoining Parishes, or from a Regard to the relative Situation
of Two or more such Parishes, or from any other Circumstances, that the
Administration of the Affairs of the Poor therein might be carried on
with greater Advantage to the said Parishes, and to the Poor therein, by
the said Parishes being combined for the Purposes of this Act, then the
Parochial Boards of such Parishes shall meet, on Requisition to that
Effect by the Board of Supervision, for the Purpose of considering the
proposed Combination; and in every Case where the Parochial Boards of
Two or more such Parishes shall resolve that it is expedient and proper
that such Parishes shall be combined for all Purposes connected with the
Management of the Poor and the Administration of the Laws relating to
their Relief, and for the Purposes of raising the necessary Funds for
the Relief and Support of the Poor, and also for the Purposes of
Settlement, and where it shall be established to the Satisfaction of the
Board of Supervision that it is expedient and proper that such Parishes
shall be so combined, it shall be lawful for the said Board of
Supervision to resolve and declare that such Parishes shall
thenceforward be combined for the Purposes aforesaid, and shall be
considered as One Parish so far as regards the Support and Management of
the Poor, and all Matters connected therewith; and all Expenditure in
respect to the Poor belonging to such Combination of Parishes shall be
deemed and held to be the common Expenditure of such Combination of
Parishes, and be charged upon and paid out of the common and general
Fund to be raised for the Relief of the Poor over the whole of such
Parishes: Provided always, that, upon Application by the Parochial Board
of any Parish adjacent to any such Combination, it shall
be lawful for the said Board of Supervision, if they see fit, due Regard
being had to the Circumstances of the Case, to resolve and declare that
such Parish shall be for the Purposes of this Act added to such
Combination, from and after a Date to be signified in the Resolution of
the said Board of Supervision, and such Parish shall, from and after
such Date, be held in Law to be a Part of such Combination in all
Matters relative to the Relief of the Poor, and subject in every respect
to the Provisions and Regulations hereby made and provided in relation
to Combinations of Parishes; and such Resolution shall be forthwith
published in such Manner as the said Board of Supervision shall direct.
XVII. And be it enacted, That in every Burghal Parish or Combination of
Parishes there shall be a Parochial Board of Managers of the Poor; and
the whole Administration of the Laws for the Relief of the Poor shall be
under the Direction and Control of such Parochial Board, on whom shall
devolve all the Powers and Authorities hitherto exercised by or vested
in the Magistrates of Burghs in that Behalf, or any other Body or
Persons administering or entitled to administer the Laws for the Relief
of the Poor in any Burgh or Burghal Parish; and until it shall have been
resolved, as herein-after provided, to raise the Funds requisite for the
Relief of the Poor of such Parish or Combination by Assessment, the
Board shall, in the Case of a Burghal Parish, where there is no
Combination of Parishes, consist of the Persons who, if this Act had not
been passed, would have been entitled to administer the
Laws for the Relief of the Poor in such Parish, and shall, in the Case
of a Combination of Parishes, consist of the Persons who, if this Act
had not been passed, would have been entitled to administer the Laws for
the Relief of the Poor in the several Parishes of which the Combination
is composed, or of such Committees of their Number as they may think
proper to appoint; and when in any Burghal Parish or Combination in
which it shall have been resolved as herein-after provided, to raise the
Funds requisite for the Relief of the Poor by Assessment, the Parochial
Board of such Parish or Combination shall be constituted and chosen as
follows; (that is to say,) the Persons assessed for the Support of the
Poor within the Parish or Combination shall elect, in manner after
mentioned, to be Members of the Parochial Board, such Number of
Managers, not being more than Thirty, as the said Board of Supervision,
having due Regard to the Population and other Circumstances of every
such Parish or Combination, may from Time to Time fix, and possessing
such Qualification by the Ownership or Occupancy of Lands and Heritages
of a certain annual Value within the Parish or Combination as the said
Board of Supervision, having due Regard to the Population and other
Circumstances of every such Parish or Combination, may from Time to Time
fix, such Qualification being in no Case fixed at a higher annual Value
than Fifty Pounds, to be ascertained in manner herein-after provided in
regard to the Qualification of Voters; and the Magistrates of the Burgh
shall nominate Four Persons to be Members of the Parochial Board, and
the Kirk Session of each Parish shall nominate not exceeding Four
Members of such Kirk Session to be Members of the Parochial Board:
Provided always, that those Parishes only shall be held to be separate
Parishes which at the Date of this Act are separate Parishes for the
Purposes of Settlement and Relief of the Poor; and that where there
shall be in any such Parish Two or more Kirk Sessions the Members of
such several Kirk Sessions shall meet together and nominate not
exceeding Four of their Number to be Members of the Parochial Board.
XVIII. And be it enacted, That where in any Burghal Parish or
Combination it shall have been so resolved to raise the Funds requisite
for the Relief of the Poor by Assessment, and where the Persons from
whom such Assessment is to be levied, and the Amount payable by each,
shall have been ascertained or determined as herein-after provided, the
Board of Supervision shall fix a Day for the Persons so assessed to
elect such Number of Managers, duly qualified, to be Members of the
Parochial Board as shall be regulated by the Board of Supervision as
aforesaid, and shall also fix a Day or Days for the Magistrates and the
Kirk Session or Kirk Sessions to nominate the Persons to be by them
respectively nominated to be Members of the Parochial Board; and such
Managers and Members, being elected or nominated, shall be entitled to
act for the Period of One Year, and may be re-elected or re-appointed.
XIX. And be it enacted, That in all Cases of the Election of Managers of
the Poor of any Burghal Parish or Combination under this Act the Votes
shall be given or taken, collected and returned, in such Manner and
under such Regulations as the Board of Supervision shall direct; and in
every such Election every Person assessed for the Support of the Poor in
such Parish or Combination shall be entitled to vote, whether such
Assessment be made in respect of Ownership or Occupancy of Lands and
Heritages, or in respect of Means and Substance; and it is hereby
declared that the Owners of Lands and Heritages the annual Value of
which shall be under Twenty Pounds shall have each One Vote; the Owners
of Lands and Heritages the annual Value of which shall be Twenty Pounds
but under Forty Pounds, Two Votes; the Owners of Lands and Heritages the
annual Value of which shall be Forty Pounds but under Sixty Pounds,
Three Votes; the Owners of Lands and Heritages the annual Value of which
shall be Sixty Pounds but under One hundred Pounds, Four Votes; the
Owners of Lands and Heritages the annual Value of which shall be One
hundred Pounds but under Five hundred Pounds, Five Votes; the Owners of
Lands and Heritages the annual Value of which shall be Five hundred
Pounds and upwards, Six Votes; and that all Persons assessed as the
Occupants of Lands and Heritages, or assessed on Means and Substance,
shall each have the same Number of Votes as an Owner of Lands and
Heritages assessed to the same Amount for the Support of the Poor would
have; and when any Occupant shall also be the Owner of Lands and
Heritages, and assessed in both Capacities, he shall be entitled to vote
as well in respect of his Ownership as of his Occupancy; and when any
Person who is assessed on his Means and Substance shall also be an Owner
of Lands and Heritages, and assessed as such, he shall be entitled to
vote as well in respect of his Ownership as of his Means and Substance:
Provided always, that no Person shall for himself have more than Six
Votes in all, and that no Person shall be entitled to vote who shall
have been exempted from Payment of his Rates or Assessment for Relief of
the Poor on the Ground of Inability to pay, or who shall not have paid
all such Rates and Assessments assessed upon and due from him at the
Time of so voting.
XX. And be it enacted, That for the Purpose of conducting the Election
of Managers of the Poor it shall be lawful for the Board of Supervision
to divide any Burghal Parish or Combination into such and so many Wards
or Divisions as they may deem expedient, and to determine and apportion
the Number of Managers to be elected by every such Ward or Division,
having due Regard to the Population and the Value of Property therein:
Provided always, that no Person shall be entitled to vote for the
Managers of the Poor in any such Ward or Division unless he reside
therein, or have a Right to vote in respect of his Ownership or
Occupancy of Lands and Heritages within such Ward or Division; nor shall
any Person give in any One Ward or Division, in respect of Ownership or
Occupancy of Lands and Heritages, a greater Number of Votes than he is
entitled to in respect of Lands and Heritages in such Ward or Division;
nor shall any Person give in the whole of the Wards or Divisions into
which a Parish may be divided a greater Number of Votes than he would be
entitled to have given if the Parish had not been so divided.
XXI. And be it enacted, That for the Purpose of ascertaining the Number
of Votes to which each Person is entitled the Books of the Collector of
the Assessment for the Poor shall be taken as the Evidence of the annual
Value of the Lands and Heritages assessed, and of the Amount for which
each Person is assessed.
XXII. And be it enacted, That in every Parish not being a Burghal
Parish, and not being Part of any Combination as aforesaid, there shall
be in like Manner a Parochial Board for the Management of the Poor of
such Parish, and the whole Administration of the Laws for the Relief of
the Poor shall be under the Direction and Control of such Parochial
Board, who shall have and exercise all the Powers and Authorities
hitherto exercised by or vested in the Heritors and Kirk Session, or in
the Heritors, Kirk Session, and Magistrates, or any other Body or
Persons administering or entitled to administer the Laws for the Relief
of the Poor in such Parish, by virtue of any Law or Usage; and such
Parochial Board shall be constituted as follows; (that is to say,) in
every such Parish as aforesaid in which the Funds requisite for the
Relief of the Poor shall be provided without Assessment the Parochial
Board shall consist of the Persons who, if this Act had not been passed,
would have been entitled to administer the Laws for the Relief of the
Poor in such Parish; and in every such Parish as aforesaid in which it
shall have been resolved, as herein-after provided, to raise the Funds
requisite for the Relief of the Poor by Assessment, the Parochial Board
shall consist of the Owners of Lands and Heritages of the yearly Value
of Twenty Pounds and upwards, and of the Provost and Bailies of any
Royal Burgh, if any, in such Parish, and of the Kirk Session of such
Parish, and of such Number of elected Members, to be elected in manner
after mentioned, as shall be fixed by the Board of Supervision: Provided
always, that no Provost or Bailie or Elder of the Kirk Session shall, as
such, be a Member of such Parochial Board unless he is assessed for the
Poor; and provided also, that not more than Six Members of the Kirk
Session shall, as such, be Members of such Parochial Board; and if the
Kirk Session shall consist of more than Six Members it shall be lawful
for such Kirk Session from Time to Time to nominate Six of its Members
to be Members of the Parochial Board, for such Time as to the Kirk
Session shall seem fit; and it shall be competent for any Heritor, being
a Member of the Parochial Board, to appoint, as heretofore, by a Writing
under his Hand, any other Person to be his Agent or Mandatory to act and
vote for him at such Board; and such Appointment shall remain in force
till recalled; and such Writing of Appointment is hereby declared to be
valid and lawful, although the Paper whereon it is written should not be
stamped.
XXIII. And be it enacted, That in every such Parish as aforesaid in
which it shall have been resolved to raise the Funds for Relief of the
Poor by Assessment, and in which the Persons from whom such Assessment
is to be levied, and the Amount payable by each, have been ascertained
or determined as herein-after provided, it shall and may be lawful for
the Persons so assessed, not being Owners of Lands and Heritages of the
yearly Value of Twenty Pounds, or Provost or Bailies of any Royal Burgh
in such Parish, or Members of the Kirk Session, and as such Members of
the Parochial Board, to elect so many of their own Number to be Members
of the Parochial Board of such Parish as shall be regulated and fixed
from Time to Time by the Board of Supervision, due regard being had to
the Amount of the Population, the Number and Residence of the other
Members of the Parochial Board, and the special Wants and Circumstances
of each particular Parish; and the said Board of Supervision shall also
fix a Day for the said Persons to meet and choose such Number of elected
Members of the Parochial Board as shall have been fixed by the Board of
Supervision as aforesaid; and such elected Members, being so appointed,
shall be entitled to act for the Period of One Year, and may be
re-elected: Provided always, that no Person shall be entitled to act as
an elected Member unless he be assessed to the Poor, and pay Assessment
to the Parish.
XXIV. And be it enacted, That on the Day so to be fixed by the Board of
Supervision as aforesaid, and on the same Day in each succeeding Year,
or on a Day, as soon thereafter as may be, to be fixed by the Board of
Supervision, the Persons assessed as aforesaid shall meet for the
Purpose of appointing elected Members of the Parochial Board; and if
they shall not agree in the Choice of elected Members, then it shall and
may be lawful for the Inspector of the Poor appointed in manner after
mentioned, or in case of his Absence or Inability for any Person
appointed by the Parochial Board to act for the Occasion, to take in
Writing and collect the Votes of the Persons entitled to vote at such
Meeting, and to declare (according to the Number prescribed by the Board
of Supervision) those Persons to be elected Members who shall appear to
have the Majority of Votes, and in the event of an Equality the Person
paying the largest Amount of Assessment shall be preferred; and at every
such Meeting Owners of Lands and Heritages within the Parish under
Twenty Pounds of yearly Value shall each have One Vote, and Tenants or
Occupants of Lands and Heritages, and Persons assessed upon Means and
Substance, if assessed to an Amount less than is assessed upon an Owner
of Lands and Heritages of the yearly Value of Twenty Pounds, shall each
have One Vote; and if assessed to an Amount equal to that assessed upon
an Owner of Lands and Heritages of the yearly Value of Twenty Pounds but
under Forty Pounds, shall each have Two Votes; and if equal to that
assessed on an Owner of Lands and Heritages of the yearly Value of Forty
Pounds but under Sixty Pounds, shall each have Three Votes; and if equal
to that assessed on an Owner of Lands and Heritages of the yearly Value
of Sixty Pounds but under One hundred Pounds, shall each have Four
Votes; and if equal to that assessed on an Owner of Lands and Heritages
of the yearly Value of One hundred Pounds but under Five hundred Pounds,
shall each have Five Votes; and it equal to that assessed on an Owner of
Lands and Heritages of the yearly Value of Five hundred Pounds or more,
shall each have Six Votes; and the Books of the Collector of the
Assessment in each Parish shall be binding and conclusive for the Purpose of ascertaining the Number of Votes to which any Person shall be entitled in respect of the Ownership, Occupancy, or Means and Substance upon which he is assessed; and where any Person who is assessed as Owner is assessed also as Occupier, or on
Means and Substance, he shall be entitled to vote as well in respect of
such Occupancy, or Means and Substance, as of his being such Owner:
Provided always, that no Person shall have more than Six Votes, and that
no Owner of Lands and Heritages of the yearly Value of Twenty Pounds or
upwards, and no Provost, Bailie, or Member of the Kirk Session, being a
Member of the Parochial Board, and no Person who shall have been
exempted from the Payment of his Rates or Assessments for the Relief of
the Poor on the Ground of Inability to pay, or who shall not have paid
all such Rates and Assessments assessed upon and due from him, shall be
entitled to vote; and for the Purpose of conducting the Election it
shall be lawful for the Board of Supervision to divide any Parish into
such and so many Districts or Divisions as they may deem expedient, and
to determine and apportion the Number of elected Members to be elected
by every such District or Division, subject to the like Conditions and
Restrictions as are herein-before provided in regard to the Election of
Managers in Burghal Parishes or Combinations.
XXV. And be it enacted, That in Cases of Lands and Heritages being owned
or occupied by any Corporation, or any Joint Stock or other Company, or
by Joint Owners or Joint Occupants, no Member of such Corporation or
Proprietor of or interested in such Joint Stock or other Company, and no
such Joint Owner or Joint Occupant, shall, as such, be entitled to vote
at the Election of any Member of a Parochial Board of any Parish or
Combination; but any Member or Officer of such Corporation, Joint Stock
or other Company, or any One of such Joint Owners or Joint Occupants
whose Name shall be entered by Order of such Corporation or Company, or
the governing Body thereof, or of such Joint Owners or Joint Occupants,
in the Books of the Parish or Combination, in the Manner that may be
directed by the Board of Supervision, and who shall have complied with
the Regulations regarding voting, shall be entitled to vote in the same
Manner as if he were the Owner or Occupant of such Lands and Heritages.
XXVI. And be it enacted, That in all Meetings and Matters under this Act
the Husbands of Owners of Lands and Heritages shall be entitled to vote
and act in right of their Wives.
XXVII. And be it enacted, That any Dispute which may arise as to the
Validity of the Election of any Person to be a Member of the Parochial
Board of any Parish or Combination shall be determined by the Sheriff of
the County in which such Parish or Combination, or the greater Portion
of them, may be situate, upon Petition in a summary Manner; and the said
Sheriff shall hear the Parties, and investigate the Matter in such Way
as he may think proper, and shall have Power to call for such Evidence,
and for the Production of such Documents, as he may think necessary,
provided that no written Pleadings shall be allowed, and no Record shall
be made of the Proceedings; and the Decision by the said Sheriff shall
be final, and shall not be liable to Appeal, or to Suspension,
Advocation, or Reduction, or any other Form of Review; and it shall be
lawful for the said Sheriff to order the Expences of all such
Proceedings to be paid by such Parties and in such Manner as to him may
seem equitable: Provided always, that it shall not be lawful for any
Person to question the Validity of any Election under this Act, unless a
Notice in Writing of his Intention so to do be served on the Returning
Officer at the Time of making the Return, or within Forty-eight Hours
from the Time when such Return shall have been made.
XXVIII. And be it enacted, That in the event of any disputed Election of
any Parochial Board, or of any Member or Members of any Parochial Board,
the Persons whose Names are returned by the Returning Officer as having
the Majority of Votes shall be entitled to sit and act as elected
Members of such Board in the meantime and until the Question regarding
the Validity of their Election shall have been tried and determined; and
all Acts and Deeds done by them in their Character of Members of such
Board or Managers for the Poor shall be valid and effectual; and no
Defect in the Qualification, Election, or Appointment of any Person
acting in the Character of a Member of a Parochial Board shall vitiate
or make void any Proceedings of such Board in which he may have taken a
Part.
XXIX. And be it enacted, That if any Returning Officer be guilty of
wilfully making a false Return he shall be liable to a Penalty of Fifty
Pounds, to be recoverable by Action in the Court of Session, and payable
to the Party or Parties aggrieved by such false Return.
XXX. And be it enacted, That it shall be lawful for every Parochial
Board to fix certain Days and Places on and at which the General
Meetings of the Board shall be held, and to adjourn such Meetings from
Time to Time and to such Places as they shall see fit: Provided always,
that every Parochial Board shall be bound to hold at least Two General
Meetings in every Year, one on the First Tuesday of February, or as
soon thereafter as may be, and the other on the First Tuesday of
August, or as soon thereafter as may be, or at such other stated
Times as may be approved of by the Board of Supervision, and at such
Meetings to revise and adjust the Roll of Paupers and their Allowances;
and it shall also be lawful for every Parochial Board to hold Special
Meetings as Occasion may require, upon Summonses to be issued by the
Inspector of the Poor or by the Chairman of the Board; and it shall be
lawful for every Parochial Board to nominate and appoint Committees to
act on behalf of the whole Board, and such Committees in transacting the
Business committed to them shall exercise all the Powers necessary for
that Purpose which belong to the Parochial Board.
XXXI. And be it enacted, That every Parochial Board shall annually elect
One of their Number to be Chairman for the Year ensuing, and such
Chairman shall preside at all Meetings of the Board, and shall have both
an original and a casting Vote in case of Equality; and in the event of
the Absence of the Chairman of the Board at any Meeting the Members
present shall elect a Chairman pro tempore, who shall act as Chairman of the Meeting, and such Chairman
shall have a casting as well as an original Vote.
XXXII. And be it enacted, That each Parochial Board shall, on the Third
/Tuesdayof September in this present Year, or on such Day thereafter
as may be fixed by the Board of Supervision, meet for the Purpose of
making up or causing to be made up a Roll of the poor Persons claiming
and by Law entitled to Relief from the Parish or Combination, and of the
Amount of Relief given or to be given to each of such Persons, and for
the Purpose of appointing an Inspector or Inspectors of the Poor in such
Parish or Combination, and fixing the Amount of Remuneration to be given
to every such Inspector; and such Meeting shall make up
or cause to be made up such Roll as aforesaid with the least possible
Delay, and shall nominate and appoint a fit and qualified Person or
Persons to be Inspector or Inspectors of the Poor in such Parish or
Combination, and shall fix the Amount of Remuneration to be given to
every such Inspector, and shall forthwith report to the Board of
Supervision the Name and Address of such Inspector, and the Amount of
the Remuneration to be given to him, and shall at the same or at another
Meeting, to be held on a Day not more than Fourteen Days thereafter,
consider and determine as to the Mode of raising the Funds requisite for
the Relief of the Poor in the Parish or Combination.
XXXIII. And be it enacted, That it shall be lawful for the Parochial
Board of any Parish or Combination assembled at such Meeting, or at any
Adjournment thereof, or for the Parochial Board of any Parish or
Combination at any Meeting of such Board called for that Purpose, and of
which due Notice shall have been given, by Letter, Advertisement, or
otherwise, to all the Persons entitled to attend, to resolve that the
Funds requisite for the Relief of the poor Persons entitled to Relief
from the Parish or Combination, including the Expences connected with
the Management and Administration thereof, shall be raised by
Assessment; and if the Majority of such Meeting shall resolve that the
Funds shall be raised by Assessment, such Resolution shall be final, and
shall be forthwith reported to the Board of Supervision, and it shall
not be lawful to alter or depart from such Resolution without the
Consent and Authority of the Board of Supervision previously had and
obtained.
XXXIV. And be it enacted, That when the Parochial Board of any Parish or
Combination shall have resolved to raise by Assessment the Funds
requisite, such Board shall, either at the same Meeting or at an
Adjournment thereof, or at a Meeting to be called for the Purpose,
resolve as to the Manner in which the Assessment is to be imposed; and
it shall be lawful for any such Board to resolve that one Half of such
Assessment shall be imposed upon the Owners, and the other Half upon the
Tenants or Occupants of all Lands and Heritages within the Parish or
Combination rateably according to the annual Value of such Lands and
Heritages, or to resolve that one Half of such Assessment shall be
imposed upon the Owners of all Lands and Heritages within the Parish or
Combination according to the annual Value of such Lands and Heritages,
and the other Half upon the whole Inhabitants, according to their Means
and Substance, other than Lands and Heritages situated in Great
Britain or Ireland, or to resolve that such Assessment shall be
imposed as an equal Per-centage upon the annual Value of all Lands and
Heritages within the Parish or Combination, and upon the estimated
annual Income of the whole Inhabitants from Means and Substance, other
than Lands and Heritages situated in Great Britain or Ireland; and
when the Parochial Board shall have resolved on the Manner in which the
Assessment is to be imposed, such Resolution shall be forthwith reported
to the Board of Supervision for Approval; and if the Manner of
Assessment so resolved upon shall be approved by the Board of
Supervision, the same shall be adopted and acted upon in such Parish or
Combination, and shall not be altered or departed from without the
Sanction of the Board of Supervision; and if the Board of Supervision
shall disapprove of the Manner of Assessment so resolved upon as
aforesaid, the Parochial Board shall, upon such Disapproval being
intimated, forthwith meet and resolve upon another Mode of imposing the
Assessment consistent with Law, and shall report such Resolution to the
Board of Supervision; and the Manner of imposing the Assessment so
resolved upon shall be adopted and acted upon in such Parish or
Combination, and shall not be altered or departed from without the
Sanction of the Board of Supervision.
XXXV. And be it enacted, That if at the Date of this Act an Assessment
for the Poor shall in any Parish or Parishes be imposed according to the
Provisions of any local Act, or according to any established Usage, it
shall be lawful for the Parochial Board or Boards of such Parish or
Parishes to resolve that the Assessment in such Parish or Parishes shall
be imposed according to the Rule established by such local Act or Usage;
and such Resolution, if approved of by the Board of Supervision, shall
continue to be acted upon in such Parish or Parishes, and shall not be
altered or departed from without the Sanction of the Board of Supervision.
XXXVI. And be it enacted, That where the one Half of any Assessment is
imposed on the Owners, and the other Half on the Tenants or Occupants of
Lands and Heritages, it shall be lawful for the Parochial Board, with
the Concurrence of the Board of Supervision, to determine and direct
that the Lands and Heritages may be distinguished into Two or more
separate Classes, according to the Purposes for which such Lands are
used and occupied, and to fix such Rate of Assessment upon the Tenants
or Occupants of each Class respectively, as to such Boards may seem just
and equitable.
XXXVII. And be it enacted, That in estimating the annual Value of Lands
and Heritages, the same shall be taken to be the Rent at which One Year
with another such Lands and Heritages might in their actual State be
reasonably expected to let from Year to Year, under Deduction of the
probable annual average Cost of the Repairs, Insurance, and other
Expences, if any, necessary to maintain such Lands and Heritages in
their actual State, and all Rates, Taxes, and public Charges payable in
respect of the same: Provided always, that no Mine or Quarry shall be assessed unless
it has been worked during some Part of the Year preceding the Day on
which the Assessment may be ordered to be levied.
XXXVIII. And be it enacted, That when the Parochial Board of any Parish
or Combination shall have resolved as aforesaid to raise by Assessment
the Funds requisite, and when the Manner in which the Assessment is to
be imposed shall have been fixed, and the Sum to be so raised for the
Year or Half Year then ensuing shall have been ascertained, such
Parochial Board shall make up or cause to be forthwith made up a Book
containing a Roll of the Persons liable in Payment of such Assessment,
and of the Sums to be levied from each of such Persons, distinguishing
the Sums assessed in respect of Ownership or Occupancy, or Means and
Substance; and the Book or Roll so made up shall be the Rule for levying
the Assessment for the Year or Half Year then ensuing; and the Parochial
Board shall appoint One or more fit and qualified Persons to be
Collector or Collectors of the Assessments, and shall fix the Amount of
Remuneration to be given to every such Collector; and it shall be
competent to nominate and appoint the same Person who is an Inspector of
the Poor to be Collector of the Assessment, and to fix the Amount of
Remuneration to be given to such Person for the Performance of the
additional Duties of Collector of the Assessment.
XXXIX. And be it enacted, That as soon as may be after such Book or Roll
is made up as aforesaid the Collector shall intimate to each Person the
Amount of the Sum to be levied from him, and the Time when the same is
payable.
XL. And be it enacted, That before the Expiration of One Year from the
Date at which the first Assessment under the Provisions of this Act
shall have been imposed as aforesaid in any Parish or Combination, and
yearly or half-yearly thereafter, the Parochial Board of every such
Parish or Combination shall fix and determine the Amount of Assessment
for the Year or Half Year then next ensuing, and shall make up or cause
to be made up a Book containing a Roll of the Persons liable in Payment
of such Assessment, and of the Sums to be levied from each of such
Persons; and the Roll so made up shall be the Rule for levying the
Assessment for the Year or Half Year then next ensuing; and the
Collector shall forthwith intimate to each Person the Amount of the Sum
to be levied from him, and the Time when the same is
payable: Provided always, that it shall be lawful for the Parochial
Board of any such Parish or Combination, if there shall have been found
to exist any Error in the Sum or Sums to be levied by way of Assessment,
or any Omissions or Surcharges in respect of the Persons liable to pay
the same, to cause such Error, Omission, or Surcharge to be corrected at
their next or any subsequent Meeting after such Error, Omission, or
Surcharge shall have been discovered: Provided also, that nothing herein
contained shall preclude any Person who considers himself aggrieved by
such Assessment from his Remedy by Law in the like Form and on the same
Grounds as, at the Date of the passing of this Act, was competent to any
Party who considered himself aggrieved by Assessment imposed under the
Statutes then in force for Relief of the Poor, but to the Extent and
Effect only of exempting himself from Payment of any Surcharge which may
have been made upon him.
XLI. And be it enacted, That if the Assessment imposed for any Year or
Half Year shall, from any unforeseen or other Circumstances, prove
insufficient, it shall be lawful for the Parochial Board of such Parish
or Combination to meet and impose such further and additional Assessment
as may be sufficient to raise the Sum required.
XLII. And be it enacted, That it shall be lawful for the Parochial Board
of any Parish or Combination to exempt from Payment of the Assessment or
any Part thereof, to such an Extent as may seem proper and reasonable,
any Persons or Class of Persons on the Ground of Inability to pay.
XLIII. And be it enacted, That where the one Half of any Assessment is
imposed on the Owners, and the other Half on the Tenants or Occupants,
of Lands and Heritages, it shall be competent for the Collector of such
Assessment to levy the whole thereof from the Tenants or Occupants, who
shall be entitled to recover One Half thereof from the Owners, or to
retain the same out of their Rents, on Production of a Receipt granted
by the Collector of such Assessment.
XLIV. And be it enacted, That in all Landward as well as all Burghal
Parishes and Combinations where Houses have been or shall be built by
the Tenant of any Land held under a Building Lease upon such Land, the
Tenant and his Heirs and Assignees in such Lease shall for the Purposes
of this Act be deemed and taken to be the Owners of such Houses.
XLV. And be it enacted, That in Cases where any Canal or Railway shall
pass through or be situate in more than One Parish or Combination, the
Proportion of the annual Value thereof on which such Assessment shall be
made for each such Parish or Combination shall be according to the
Number of Miles or Distance which such Canal or Railway passes through
or is situated in each Parish or Combination in proportion to the whole
Length.
XLVI. And be it enacted, That the Owners and Occupiers of Lands and
Heritages shall not be liable to be assessed in respect of such Lands
and Heritages for the Relief of the Poor in more than One Parish or
Combination.
XLVII. And be it enacted, That if in any Parish or Combination in which
an Assessment is imposed on Means and Substance any Company or any
Individual shall occupy any Lands and Heritages, or shall carry on any
Trade or Business in any Premises within such Parish or Combination,
such Company and the Partners thereof, and such Individual, shall be
liable to be assessed in such Parish or Combination on their or his
Means and Substance derived from or relating to such Occupancy, Trade,
or Business, although none of the Partners of such Company, nor such
Individual, should be actually resident in such Parish or Combination;
and such Company and Partners, and such Individual, shall
not be liable to be assessed on the same Means and Substance in any
other Parish or Combination; and if any Person shall be
assessed in any Parish or Combination upon his Means and Substance,
other than Means and Substance derived from or relating to the Occupancy
of Lands and Heritages within such Parish or Combination, or the
carrying on of Trade or Business in Premises within such Parish or
Combination, such Person shall not be assessed upon the same Means and
Substance in any other Parish or Combination; and if any Person shall
reside in and be liable to be assessed as an Inhabitant of more than One
Parish, it shall be optional to such Person to determine in which of
such Parishes he shall be assessed on his Means and Substance, other
than Means and Substance derived from and relating to the Occupancy of
Lands and Heritages, or the carrying on of Trade or Business in Premises
within any particular Parish.
XLVIII. And be it enacted, That no Person shall be liable to be assessed
in any Parish or Combination on his Means and Substance unless the
estimated annual Value thereof in whole shall exceed Thirty Pounds.
XLIX. And be it enacted, That Clergymen shall be liable to be assessed
for the Poor in respect of their Stipends.
L. And be it enacted and declared, That the Privileges of Exemption from
Payment of Assessments in the City of Edinburgh, possessed and
enjoyed by Members of the College of Justice and Officers of the Queen's
Household, shall not be applicable to Assessments imposed and levied for
the Relief of the Poor under the Authority of this Act.
LI. And be it enacted, That where any Assessment shall have been imposed
by the Parochial Board of any Parish or Combination, such Assessment
shall be payable at the Time or Times and in the Proportions to be
appointed by the Parochial Board; and no Assessment shall be rendered
void or affected by reason of any Mistake or Variance in the Christian
or Surname or Designation of any Person chargeable therewith, but all
Assessments shall be valid and effectual against the Person intended to
be charged, and bon fide liable in Payment of the same.
LII. And be it enacted, That where any Property whatsoever, whether
heritable or moveable, or any Revenues, shall at the Time of the passing
of this Act belong to or be vested in the Heritors and Kirk Session of
any Parish, or the Magistrates, or Magistrates and Town Council of any
Burgh, or Commissioners, Trustees, or other Persons on behalf of the
said Heritors and Kirk Session, or Magistrates, or Magistrates and Town
Council, under any Act of Parliament, or under any Law or Usage, or in
virtue of Gift, Grant, Bequest, or otherwise, for the Use or Benefit of
the Poor of such Parish or Burgh, it shall, from and after a Time to be
fixed by the Board of Supervision, be lawful for the Parochial Board of
each such Parish, or of the Combination in which such Parish or Burgh
may be respectively, to receive and administer such Property and
Revenues, and the Right thereto shall be vested in such Parochial Board;
and the said Heritors and Kirk Session, Magistrates, Town Council,
Commissioners, Trustees, or other Persons are hereby authorized and
required either to continue to hold all such Property and Revenues for
the Behoof of such Parochial Board, or to make, grant, subscribe, and
deliver such Dispositions, Assignations, and Conveyances of all such
Property and Revenues as may be necessary to enable such Parochial Board
to administer the same for behoof of the Poor of such Parish or
Combination.
LIII. And be it enacted, That all and every Sums or Sum of Money or
other Funds which have been or may hereafter be given, mortified, or
bequeathed for the Use of the Poor, and which shall become vested in the
Parochial Board of any Parish or Combination, and whereof the annual
Proceeds are to be applied for behoof of the Poor, shall, if not
specially directed to be otherwise invested, be, without Delay, either
lodged in a chartered Bank, or placed at Interest on Government or
Heritable Security, or in the Stock of One or more of the chartered
Banks in Edinburgh; and the Board of Supervision is hereby authorized
and empowered to require Returns to be made to them from Time to Time,
as they shall deem expedient, as to all such Money or Funds.
LIV. And be it enacted, That in all Parishes in which it has been agreed
that an Assessment should be levied for the Relief of the Poor, all
Monies arising from the ordinary Church Collections shall, from and
after the Date on which such Assessment shall have been imposed belong
to and be at the Disposal of the Kirk Session of each Parish: Provided
always, that nothing herein contained shall be held to authorize the
Kirk Session of any Parish to apply the Proceeds of such Church
Collections to Purposes other than those to which the same are now in
whole or in part legally applicable, or to deprive the Heritors of their
Right to examine the Accounts of the Kirk Session, and to inquire into
the Manner in which the Funds have been applied: Provided also, that the
Session Clerk or other Officer to be appointed by the Kirk Session shall
be bound to report annually, or oftener if required, to the Board of
Supervision, as to the Application of the Monies arising from Church
Collections, and if such Session Clerk or other Officer shall refuse to
make such Report when required he shall be liable to a Penalty not
exceeding Five Pounds.
LV. And be it enacted, That the Inspector of the Poor in each Parish or
Division of a Parish for which he may be appointed shall have the
Custody of and be responsible for all Books, Writings, Accounts, and
other Documents whatsoever relating to the Management or Relief of the
Poor in such Parish or Division of a Parish, and it shall be the Duty of
the said Inspector to inquire into and make himself acquainted with the
particular Circumstances of the Case of each individual poor Person
receiving Relief from the Poor Funds, and to keep a Register of all such
Persons, and of the Sums paid to them, and of all Persons who have
applied for and been refused Relief, and the Grounds of Refusal, and to
visit and inspect personally, at least Twice in the Year, or oftener if
required by the Parochial Board or Board of Supervision, at their Places of Residence, all the poor Persons belonging to the Palish or Division of the Parish in the Receipt of Parochial Relief, provided that such poor Persons be resident
within Five Miles of any Part of such Parish or Division of a Parish,
and to report to the Parochial Board and to the Board of Supervision
upon all Matters connected with the Management of the Poor, in
conformity with the Instructions which he may receive from the said
Boards respectively, and to perform such other Duties as
the said Boards may direct: Provided always, that in populous and
extensive Parishes or Divisions of Parishes the Duties of inspecting and
visiting the Poor may be performed by Assistant Inspectors or other
competent Persons, to be appointed and paid by the Parochial Board for
these Duties, and for whose Conduct and Accuracy the Inspector of the
Poor shall be responsible to the Board of Supervision.
LVI. And be it enacted, That if any Inspector of the Poor shall fail or
neglect or refuse to perform the Duties of his Office, or shall, in the
Opinion of the Board of Supervision, be unfit or incompetent to
discharge the Duties of his Office, then it shall and may be lawful for
the said Board of Supervision, by a Minute or Order, to suspend or
dismiss such Inspector; and the Parochial Board of the Parish or
Combination for which such Person is Inspector shall forthwith proceed
to appoint another Person to perform the Duties of Inspector of the Poor
in the Room of the Inspector so suspended or dismissed.
LVII. And be it enacted, That in case it shall be necessary to commence
or institute any Action by or on behalf of any Parish or Combination, or
Parochial Board for the Relief of the Poor, such Action may be brought
in the Name of any Inspector of the Poor of such Parish or Combination
as Pursuer; and in any Action to be brought against any Parochial Board
it shall not be necessary to call the individual Members of the
Parochial Board as Defenders, but it shall be lawful for the Pursuer in
such Action to call any Inspector of the Poor of any such Parish or
Combination, and such Inspector shall be bound to appear and answer on
behalf of the Parochial Board; and all Summonses, Notices, Diligences,
Decree, or other Proceedings served or obtained or had against any
Inspector of the Poor shall be binding on and conclusive against the
Parochial Board of the Parish or Combination for which he is an
Inspector; and the Parochial Board shall have the entire Direction and
Control of every such Action, although the same may be carried on in
Name of the Inspector.
LVIII. And be it enacted, That all Actions brought by or against any
Inspector of the Poor in his official Character shall be continued by or
against his Successors in Office, notwithstanding the Death,
Resignation, Suspension, or Removal of such Inspector, upon Notice given
to such Successor, without any Action of Transference.
LIX. And be it enacted, That in every Case in which any poor Person who
shall have become chargeable in any Parish or Combination shall be
insane or fatuous, the Parochial Board of such Parish or Combination
shall, within Fourteen Days from the Time when such Person is declared
or known to be insane or fatuous, provide that such insane or fatuous
Person be conveyed to and lodged in an Asylum or Establishment legally
authorized to receive lunatic Patients; and the Inspectors of the Poor
in every Parish or Combination shall and are hereby required to report
without Delay to the Board of Supervision all Cases of insane or fatuous
Persons chargeable as Paupers in their respective Parishes; and the said
Board of Supervision is hereby authorized and empowered,
on any Parochial Board refusing or neglecting to provide for the Removal
of an insane or fatuous poor Person to an Asylum or Establishment as
aforesaid within the Time herein-before specified, to take such Measures
as may be necessary for removing such insane or fatuous poor Person to a
Lunatic Asylum or Establishment; and the whole Expence of such Removal
and all subsequent Expences shall be recoverable from and defrayed by
such Parochial Board: Provided always, that under special Circumstances
in particular Cases it shall be lawful for the Parochial Board, with the
Consent of the Board of Supervision, to dispense with the Removal of
insane or fatuous poor Persons to a Lunatic Asylum or Establishment, and
to provide for them in such other Manner and under such Regulations as
to Inspection and otherwise as shall be sanctioned by the Board of
Supervision.
LX. 'And whereas for more effectually administering to the Wants of the
aged and other friendless impotent Poor, and also for providing for
those poor Persons who from Weakness or Facility of Mind, or by reason
of dissipated and improvident Habits, are unable or unfit to take charge
of their own Affairs, it is expedient that Poorhouses should be erected
in populous Parishes;' be it enacted, That in every Case in which a
Parish or Combination of Parishes contains more than Five thousand
Inhabitants, according to the Enumeration of the Population then last
published by Authority of Parliament, it shall be lawful for the
Parochial Board of any such Parish or Combination to take into
consideration the Propriety of erecting a Poorhouse for such Parish or
Combination, or of altering or enlarging any existing Poorhouse; and if
after full Time and Opportunity given for deliberate Consideration the
said Parochial Board shall be satisfied of the Propriety of erecting a
Poorhouse, or of enlarging any existing Poorhouse, and shall come to a
Resolution to that effect, such Resolution shall be forthwith reported
to the Board of Supervision, and if approved of by the Board of
Supervision the same shall be carried into execution by the said
Parochial Board.
LXI. And be it enacted, That, with the Concurrence of the Board of
Supervision had and obtained thereto, it shall be lawful for the
Parochial Boards of any Two or more contiguous Parishes to agree to
build a common Poorhouse for such Two or more Parishes; and the Expence
of maintaining and erecting such Poorhouse shall be borne by such
Parishes in such Proportions as shall be agreed on by the Parochial
Boards of the said Parishes respectively: Provided always, that if any
such Agreement for the Purpose of building a Poorhouse has once been
effected, it shall not be lawful for any One or more of the Parishes
to withdraw from such Agreement without the Consent of the Board of
Supervision previously had and obtained.
LXII. And be it enacted, That for the Purpose of erecting new
Poorhouses, and for enlarging, altering, or repairing any existing
Poorhouse, the Parochial Board in any Parish or Combination is hereby
authorized and empowered to borrow Money; and for the more effectually
securing the Repayment of the Sum borrowed, with Interest, it shall be
lawful for the said Parochial Board to burden or charge the future
Assessments for the Poor in such Parish or Combination with the Amount
of the Money so borrowed: Provided always, that the Principal Sum so
borrowed shall in no Case exceed Three Times the Amount of the
Assessment raised for the Relief of the Poor during the Year immediately
preceding that in which the Money is borrowed; and that any Loan of
Money borrowed for the Purposes aforesaid shall be repaid by annual
Instalments of not less in any One Year than One Tenth of the Sum
borrowed, exclusive of the Payment of the Interest on the same: Provided
also, that no further or other Sum shall be borrowed or chargeable on
the Poor Assessment for the Purposes aforesaid until the whole of the
Money last borrowed, with Interest on the same, shall have been paid off.
LXIII. And be it enacted, That from and after the passing of this Act no
new Poorhouse shall be built, nor shall any existing Poorhouse be
enlarged or altered, nor shall it be lawful to impose an Assessment or
borrow Money for such Purposes, unless the Plan of such new Poorhouse,
or of such proposed Enlargements or Alterations, shall have been
submitted to and approved by the Board of Supervision, and signed,
subscribed, or endorsed by at least Three of the Members of the said
Board in Attestation of their Approval.
LXIV. And be it enacted, That in every Case in which a Poorhouse already
exists, or shall be built or enlarged or altered under the Provisions of
this Act, the Parochial Board or Boards shall frame Rules and
Regulations for the Management of such Poorhouse, and for the Discipline
and Treatment of the Inmates thereof, and for the Admission of any known
Minister of the religious Persuasion of any Inmate of such Poorhouse at
all reasonable Times, on the Request of such Inmate, for the Purpose of
affording religious Assistance to such Inmate, and shall submit such
Rules and Regulations to the Board of Supervision for Approval; and no
Rules or Regulations shall be effectual, or shall be acted upon, except
such as shall have been approved by the Board of Supervision.
LXV. And be it enacted, That it shall be lawful for the Parochial Board
of any Parish or Combination in which a Poorhouse has been or shall
hereafter be erected to receive and accommodate in such Poorhouse poor
Persons belonging to any other Parish, and to charge such Rates for the
Maintenance of such poor Persons as shall be approved by the Board of
Supervision, and such poor Persons shall be in all respects subject to
the same Discipline and Treatment as the other Inmates of the Poorhouse
in which they are so accommodated.
LXVI. And be it enacted, That in all Cases in which Poorhouses shall be
erected or enlarged or altered, under the Provisions of this Act, there
shall be proper and sufficient Arrangements made for dispensing and
supplying Medicines to the sick Poor, under such Regulations as the
Parochial Board shall make, and the Board of Supervision shall approve;
and there shall be provided by the Parochial Board proper Medical
Attendance for the Inmates of every such Poorhouse, and for that Purpose
it shall be lawful for the Parochial Board to nominate and appoint a
properly qualified Medical Man who shall give regular Attendance at such
Poorhouse, and to fix a reasonable Remuneration to be paid to him by
such Parochial Board: Provided always, that if it shall appear to the
Board of Supervision that such Medical Man is unfit or incompetent or
neglects his Duty, it shall be lawful for the Board of Supervision to
suspend or remove such Medical Man from his Appointment and Attendance.
LXVII. And be it enacted, That it shall be lawful for the Parochial
Board in any Parish or Combination, for the Benefit of the Poor of such
Parish or Combination, to contribute annually, or otherwise, such Sums
of Money as to them may seem reasonable and expedient, from the Funds
raised for the Relief of the Poor, to any public Infirmary, Dispensary,
or Lying-in Hospital, or to any Lunatic Asylum, or Asylum for the Blind
or Deaf and Dumb.
LXVIII. And be it enacted, That from and after the passing of this Act
all Assessments imposed and levied for the Relief of the Poor shall
extend and be applicable to the Relief of occasional as well as
permanent Poor: Provided always, that nothing herein contained shall be
held to confer a Right to demand Relief on able-bodied Persons out of
Employment.
LXIX. And be it enacted, That in every Parish or Combination it shall
and may be lawful for the Parochial Board and they are hereby required,
out of the Funds raised for the Relief of the Poor, to provide for
Medicines, Medical Attendance, nutritious Diet, Cordials, and Clothing
for such Poor, in such Manner and to such Extent as may seem equitable
and expedient; and it shall be lawful for the Parochial Board to make
Provision for the Education of poor Children who are themselves or whose
Parents are Objects of Parochial Relief.
LXX. And be it enacted, That in every Case in which a poor Person in any
Parish or Combination shall apply for Parochial Relief, the Inspector of
the Poor, or other Officer of such Parish or Combination whose Duty it
shall be to attend to such Applications, shall be bound to make Inquiry
forthwith into the Circumstances of the Applicant, and shall,
notwithstanding such poor Person may not have a Settlement in the Parish
or Combination, if he be in other respects legally entitled to Parochial
Relief, be bound to furnish him with sufficient Means of Subsistence
until the next Meeting of the Parochial Board, and such Board shall
continue to afford to such poor Person such interim Maintenance as may
be adjudged necessary until the Parish or Combination to which such poor
Person belongs be ascertained, and his Claim upon such Parish or Combination admitted or otherwise determined, or until he shall be removed; and every Inspector of the Poor, or other Officer to whom Application shall be made by or on behalf of any poor Person for Parochial Relief, shall be bound to return an Answer to such Application within Twenty-four Hours from the Time when it was made:
Provided always, that if the necessary Means of Support are afforded to
the Applicant in the meantime, such Inspector or other Officer may delay
giving a final Answer to such Application for any Period which to him
may seem necessary for prosecuting his Inquiries: Provided also, that
such poor Person shall be bound to give to the Inspector and Parochial
Board of the Parish or Combination to which he has applied for Relief
all Information and Assistance which it is in his Power to give for the
Purpose of ascertaining the Parish or Combination to which he belongs,
and every other Matter regarding his Case which the Inspector may desire
to ascertain, and shall be bound to answer upon Oath, if required, all
such Questions as may be put to him before any Justice of the Peace or
Magistrate, and in case of false swearing shall be liable to be
prosecuted for Perjury.
LXXI. And be it enacted, That where in any Case Relief shall be afforded
to a poor Person found destitute in a Parish or Combination, it shall be
lawful for the Parochial Board of such Parish or Combination to recover
the Monies expended in behalf of such poor Person from any Parish or
Combination within Scotland to which he may ultimately be found to
belong, or from his Parents or other Persons who may be legally bound to
maintain him: Provided always, that in all Cases in which Relief shall
be afforded by One Parish or Combination to a poor Person having a
Settlement in another Parish or Combination, written Notice of such poor
Person having become chargeable shall be given to the Inspector of the
Poor of the Parish or Combination to which such poor Person belongs; and
the Parish or Combination affording Relief shall not be entitled to
recover for any Charges or Expences incurred in respect of such poor
Person, except from and after the Date of such Notice.
LXXII. And be it enacted, That if within a reasonable Time after Notice
the Parish or Combination to which such poor Person shall as aforesaid
have been ascertained to belong shall not remove such poor Person, or
shall not make Provision to the Satisfaction of the Parish or
Combination which has given the Notice for the constant weekly
Subsistence of such poor Person, it shall be lawful for the Parish or
Combination which has given the Notice to cause such poor Person to be
removed to the Parish or Combination to which he belongs, at the Expence
of such last-mentioned Parish or Combination, unless such poor Person
shall, owing to Sickness or Infirmity, be incapable of being removed, in
which Case the Parish or Combination in which he is shall be bound to
relieve him, and shall be entitled to recover from the Parish or
Combination to which he belongs the Amount so expended, provided that
such Amount does not exceed the Rate expended for Relief of other poor
Persons in the Parish so relieving such poor Person.
LXXIII. And be it enacted, That if Relief shall be refused to any poor
Person who shall have made Application for Relief, it shall and may be
lawful for such poor Person to apply to the Sheriff of the County in
which the Parish or Combination from which such poor Person has claimed
Relief, or any Portion of such Parish or Combination, is situate, and
the said Sheriff shall forthwith, if he be of opinion that such poor
Person is, upon the Facts stated, legally entitled to Relief, make an
Order upon the Inspector of the Poor, or other Officer of such Parish or
Combination, directing him to afford Relief to such poor Person in the
meantime until such Inspector or other Officer shall, on or before a Day
to be appointed by the said Sheriff, and to be intimated in the same
Order, give in a Statement in Writing showing the Reasons why the
Application of such poor Person for Relief was refused, which Statement
the said Sheriff shall afterwards appoint to be answered, and shall, if
required, nominate an Agent to appear and answer on behalf of such poor
Person, and shall further, if necessary, direct a Record to be made up,
and a Proof to be led by both Parties; and it shall be lawful for the
Sheriff, if he shall see fit, to direct the interim Support to such poor
Person to be continued until a final Judgment shall have been pronounced
on the Merits of the Case: Provided always, that nothing herein
contained shall be construed to enable the said Sheriff to determine on
the Adequacy of the Relief which may be afforded, or to interfere in
respect of the Amount of Relief to be given in any individual Case.
LXXIV. And be it enacted, That in every Case in which any poor Person
shall consider the Relief granted him to be inadequate, such poor Person
shall lodge or cause to be lodged a Complaint with the Board of
Supervision, which Board shall and is hereby required, without Delay, to
investigate the Nature and Grounds of the Complaint; and if, upon
Inquiry, it shall appear that the Grounds of such Complaint are well
founded, and if the same shall not be removed, then the said Board shall
by a Minute declare that in the Opinion of the Board such poor Person
has a just Cause of Action against the Parish or Combination from which
he claims Relief, and a Copy of such Minute, certified and signified by
the Secretary, shall, if required, be delivered to such poor Person, and
upon the Production or Exhibition of such Minute or certified Copy
thereof such poor Person shall forthwith, and without any further
Proceedings, be entitled to the Benefit of the Poor's Roll in the Court
of Session; and it shall be lawful for the Board of Supervision, after
any Action has actually been commenced by or on behalf of such poor
Person, to award to him such interim Aliment as to the said Board shall
seem just during the Dependency of such Action, which Award the
Parochial Board of every such Parish or Combination shall be bound to obey.
LXXV. Provided always, and be it enacted, That it shall not be competent
for any Court of Law to entertain or decide any Action relative to the
Amount of Relief granted by Parochial Boards, unless the Board of
Supervision shall previously have declared that there is a just Cause of
Action as herein-before provided.
LXXVI. And be it enacted, That from and after the passing of this Act no
Person shall be held to have acquired a Settlement in any Parish or
Combination by Residence therein unless such Person shall have resided
for Five Years continuously in such Parish or Combination, and shall
have maintained himself without having Recourse to common begging,
either by himself or his Family, and without having received or applied
for Parochial Relief; and no Person who shall have acquired a Settlement
by Residence in any Parish or Combination shall be held to have retained
such Settlement if during any subsequent Period of Five Years he shall
not have resided in such Parish or Combination continuously for at least
One Year: Provided always, that nothing herein contained shall be held
to affect those Persons who, previous to the passing of this Act, shall
have acquired a Settlement by virtue of a Residence of Three Years, and
shall have become proper Objects of Parochial Relief.
LXXVII. And be it enacted, That if any poor Person born in England,
Ireland, or the Isle of Man, and not having acquired a Settlement in any Parish or Combination in Scotland, shall be in the course of receiving Parochial Relief in any Parish or Combination in Scotland, then and in such Case it shall be lawful for the Sheriff or any Two Justices of the Peace of the County in which such Parish or any Portion thereof is situate, and they are hereby authorized and required, upon Complaint made by the Inspector of the Poor, or other Officer appointed by the Parochial Board of such Parish or Combination, that such poor Person has become chargeable to such Parish or Combination by himself or his Family, to cause such Person to be brought before them, and to
examine such Person or any Witness, on Oath, touching the Place of the
Birth or last legal Settlement of such Person, and to take such other
Evidence or other Measures as may by them be deemed necessary for
ascertaining whether he has gained any Settlement in Scotland; and if it shall be found by such Sheriff or Justices that the Person so brought
before them was born either in England or Ireland or the Isle of Man, and has not gained any Settlement in Scotland, and has actually become chargeable to the complaining Parish or Combination by
himself or his Family, then such Sheriff or Justices shall and they are
hereby empowered, by an Order of Removal under their Hands, which Order
may be drawn up in the Form of the Schedule (A.) hereunto annexed, to
cause such poor Person, his Wife, and such of his Children as may not
have gained a Settlement in Scotland, to be removed by Sea or Land,
by and at the Expence of the complaining Parish, to England or
Ireland or the Isle of Man respectively, according as such poor Person shall belong to England, Ireland, or the Isle of Man: Provided always, that no Person shall be so removed until there has been obtained a Certificate, on Soul and Conscience, by a regular medical
Practitioner, setting forth that the Health of such Person, his Wife and
Children as aforesaid, is such as to admit of such Removal: Provided
also, that nothing herein contained shall prevent any Parochial Board or
their Inspector from making Arrangements for the due and proper Removal
of such poor Persons either by Land or Water; provided the Arrangement
be made with the Consent of such poor Persons themselves.
LXXVIII. And be it enacted, That every Officer, Constable, or other
Person to whom any such Order of Removal shall be delivered for the
Purpose of being carried into execution shall and may by virtue thereof
detain and hold in safe Custody every poor Person mentioned in any such
Order until such poor Person shall have arrived at the Place to which he
is ordered to be removed, and shall and may for that Purpose, in every
County and Place through which he shall pass in the due Execution of
such Order, have and exercise the Powers with which a Constable is by
Law invested, notwithstanding such Person may not otherwise be empowered
to act as a Constable for the County or Place respectively through which
he may have Occasion to pass in carrying such Order into execution, and
although such Order may not have been granted or backed by any Judge or
Magistrate of such County or Place.
LXXIX. And be it enacted, That if any Person who has been removed to
England or Ireland or the Isle of Man from any Parish or Combination in Scotland, under any Order of Removal, shall afterwards return to Scotland and apply for Relief, or again become chargeable by himself or his Family to the same Parish or Combination without having obtained a Settlement therein, such Person shall be deemed to be a Vagabond under the Provisions of an Act of the Scottish Parliament passed in the Year One thousand five hundred and seventy-nine, intituled An Act for Punishment of strang and idle Beggars, and Reliefe of the pure and impotent, and may be apprehended and prosecuted
criminally before the Sheriff of the County in which such Parish or any
Portion thereof is situate, at the Instance of the Inspector of the Poor
of the Parish to which he shall have so applied for Relief or become
chargeable, and shall upon Conviction be punishable by Imprisonment,
with or without hard Labour, for such a Period as the said Sheriff shall
think proper, not exceeding Two Months.
LXXX. And be it enacted, That every Husband or Father who shall desert
or neglect to maintain his Wife or Children, being able so to do, and
every Mother and every putative Father of an illegitimate Child, after
the Paternity has been admitted or otherwise established, who shall
refuse or neglect to maintain such Child, being able so to do, whereby
such Wife or Children or Child shall become chargeable to any Parish or
Combination, shall be deemed to be a Vagabond under the Provisions of
the aforesaid Act of the Scottish Parliament passed in the Year
One thousand five hundred and seventy-nine, and may be
prosecuted criminally before the Sheriff of the County in which such
Parish or Combination or any Portion thereof is situate, at the Instance
of the Inspector of the Poor of such Parish or Combination, and shall
upon Conviction be punishable by Fine or Imprisonment, with or without
hard Labour, at the Discretion of the said Sheriff.
LXXXI. And be it enacted, That every Penalty or Forfeiture imposed by
this Act, the Recovery of which is not otherwise provided for, may be
recovered by summary Proceeding upon Complaint in
Writing made in the Name of the Secretary to the Board of Supervision,
or of any Agent to be appointed by a Minute of the said Board, to the
Sheriff of the County in which the Offence shall have been committed, or
to the Sheriff of any County in which the Offender may be found; and on
such Complaint being made such Sheriff shall issue a Warrant for
bringing the Party complained against before him, or shall issue an
Order requiring the Party complained against to appear on a Day and at a
Time and Place to be named in such Order; and every such Order shall be
served on the Party offending either in Person or by leaving with some
Inmate at his usual Place of Abode a Copy of such Order, and of the
Complaint whereupon the same has proceeded; and either upon the
Appearance or upon the Default to appear of the Party offending it shall
be lawful for the Sheriff to proceed to the hearing of the Complaint,
and upon Proof of the Offence, either by the Confession of the Party
complained against or other legal Evidence, and without any written
Pleadings or Record of Evidence, to convict the Offender, and upon such
Conviction to decern and adjudge the Offender to pay the Penalty or
Forfeiture incurred, as well as such Expences as the Sheriff shall think
fit, and to grant Warrant for imprisoning the Offender until such
Penalty or Forfeiture and Expences shall be paid: Provided always, that
such Warrant shall specify the Amount of such Penalty or Forfeiture and
Expences, and shall also specify a Period at the Expiration of which the
Party shall be discharged, notwithstanding such Penalty or Forfeiture or
Expences shall not have been paid, and shall in no Case exceed Three
Calendar Months.
LXXXII. And be it enacted, That the Sheriff by whom any Penalty or
Forfeiture shall be imposed by virtue of this Act, the Application
whereof is not herein otherwise provided for, shall award such Penalty
or Forfeiture to the Poor of the Parish or Combination in which the
Offence shall have been committed, and shall order the same to be paid
over to the Inspector of the Poor or other Officer for that Purpose; provided that no Person shall be liable to the Payment
of any Penalty or Forfeiture imposed by virtue of this Act unless such
Penalty or Forfeiture shall have been prosecuted for within Six Months
after the Commission of the Offence for which it has been incurred.
LXXXIII. And be it enacted, That no Inhabitant or other Person liable to
be assessed for the Relief of the Poor in any Parish shall be deemed an
incompetent Witness in any Proceeding for the Recovery of any Penalty or
Forfeiture inflicted or imposed for any Offence against this Act,
notwithstanding such Penalty, when recovered, shall be applicable as
aforesaid.
LXXXIV. And be it enacted, That if any Person who shall be summoned as a
Witness to give Evidence before any Sheriff in any Matter in which such
Sheriff shall have Jurisdiction under the Provisions of this Act shall,
without reasonable Excuse, refuse or neglect to appear at the Time and
Place appointed for that Purpose, or appearing shall refuse to be
examined upon Oath or to give Evidence before such Sheriff, every such
Person shall forfeit a Sum not exceeding Five Pounds for every such
Offence, over and above any other Punishment to which such Person may by
Law be liable for every such Refusal.
LXXXV. And be it enacted, That no Proceeding for the Recovery of
Penalties or Forfeitures in pursuance of this Act shall be set aside for
Want of Form, or on the Ground of no Record having been made, nor shall
the same be removed by Suspension, Advocation, Appeal, or otherwise into
or be in any Manner subject to Review or Reduction by any Superior Court.
LXXXVI. And be it enacted, That all Actions on account of any thing done
in the Execution of this Act shall be brought before the Sheriff Court,
and every such Action shall be commenced within Three Calendar Months
after the Fact committed, and Notice in Writing of such Action, and of
the Cause thereof, shall be given to the Defender One Calendar Month at
least before the Commencement of the Action; and no
Pursuer shall recover in any Action for Irregularity or wrongful
Proceedings if Tender of sufficient Amends shall be made by or on behalf
of the Party who shall have committed or caused to be committed any such
Irregularity or wrongful Proceedings before such Action shall have been
brought, or if during the Dependence of such Action a Tender shall be
made of sufficient Amends, and of all Charges and Expences which the
Pursuer may already at the Time of such Tender being made have incurred
in prosecuting such Action.
LXXXVII. And be it enacted, That in case any Parochial Board shall
refuse or neglect to do what is herein or otherwise by Law required of
them, or in case any Obstruction shall arise in the Execution of this
Act, it shall be lawful for the said Board of Supervision to apply by
summary Petition to the Court of Session, or during the Vacation of the
said Court, to the Lord Ordinary on the Bills, which Court and Lord
Ordinary are hereby authorized and directed in such Case to do therein
as to such Court or Lord Ordinary shall seem just and necessary.
LXXXVIII. And be it enacted, That the whole Powers and Right of issuing
summary Warrants and Proceedings, and all Remedies and Provisions
enacted for collecting, levying, and recovering the Land and Assessed
Taxes, or either of them, and other public Taxes, shall be held to be
applicable to Assessments imposed for the Relief of the Poor, and the
Sheriffs, Magistrates, Justices of the Peace, and other Judges may grant
the like Warrants for the Recovery of all such Assessments in the same
Form and under the same Penalties as is provided in regard to such Land
and Assessed Taxes and other public Taxes: Provided always, that it
shall nevertheless be competent to prosecute for and recover such
Assessments by Action in the Sheriff's Small Debt Court; and all
Assessments for the Relief of the Poor shall, in case of Bankruptcy or
Insolvency, be paid out of the first Proceeds of the Estate, and shall
be preferable to all other Debts of a private Nature due by the Parties
assessed.
LXXXIX. And be it enacted, That if the Parochial Board of any Parish or
Combination shall find it necessary in any Year or Half Year to make
Disbursements for the Relief of the Poor beyond the
Amount received of the Assessment applicable to the Expenditure of such
Year or Half Year, it shall be competent for such Board to borrow Money
on the Security of such Part of the Assessment as is still due and
unreceived, but not to an Amount greater than One Half of such Part of
such Assessment; and when any Money has been so borrowed as aforesaid on
the Security of Assessments, it shall not be competent to borrow on the
Security of any future Assessment until the Money borrowed as aforesaid
shall have been paid off.
XC. And be it enacted, That in all Cases in which by the Provision of
this Act Notice or Intimation is required to be given without
prescribing the particular Form of the Notice, or the Manner in which
the same is to be given, it shall be lawful for the Board of Supervision
from Time to Time to fix the Form of such Notice or Intimation, and the
Manner in which the same is to be given.
XCI. And be it enacted, That all Laws, Statutes, and Usages shall be and
the same are hereby repealed, in so far as they are at variance or
inconsistent with the Provisions of this Act; provided always, that the
same shall continue in force in all other respects: Provided also, that
nothing herein contained shall be held to affect or repeal an Act passed
in the Seventh Year of Her present Majesty, intituled An Act for the
Liquidation of the Debt owing by the Charity Workhouse of the City of
Edinburgh, in so far as such Act relates to that Debt,
and the Powers thereby conferred for paying off the same.
XCII. And be it enacted, That this Act may be amended or repealed by any
Act to be passed during the present Session of Parliament.
SCHEDULE to which the foregoing Act refers.
SCHEDULE (A.)
Order for Removal to England, &c.
I A.B., the Sheriff [or We, C.D. and E.F., Two of the Justices of the Peace,] of the County of do hereby order and adjudge G.H., who has become and is now actually chargeable to the Parish of to be removed, with J.H. his Wife and K. L. M. his Children, and conveyed to England, &c., in pursuance of the Provisions of an Act made and passed in the Eighth and Ninth Years of the Reign of Queen Victoria, intituled [Title of this Act ].
(Signed)
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