time to time to borrow and take up on bond or otherwise, payable by instalments or otherwise, at interest not exceeding 10l. per centum per annum, any sum or sums of money required for the purposes last aforesaid, not exceeding in the whole the sum of 200,000l., by granting or issuing to any person or persons willing to advance such monies bonds or obligatory writings under the hands and seals of the said Commissioners or any two of them, which bonds or other obligatory writings shall be termed "South Australia Colonial Revenue Securities:" and all such sum or sums of money by the said Commissioners so borrowed and taken up as last aforesaid shall be and is and are hereby declared to be a charge upon the ordinary revenue or produce of all rates, duties, and taxes to be levied and collected as hereinbefore directed within the said province or provinces, and shall be deemed and taken to be a public debt owing by the said province to the holders of the bond or bonds or other writings obligatory by the said Commissioners granted for the purposes last aforesaid.

XIX. That it shall and may be lawful for the said Commissioners at any time to borrow or take up any sum or sums of money for any of the purposes of this Act at a lower rate of interest than any security or securities previously given by them under and by virtue of this Act which may then be in force shall bear, and therewith to pay off and discharge any existing security or securities bearing a higher rate of interest as aforesaid.

xx. That in case it should so happen that the said Commissioners shall be unable to raise by the issue of the said colonial revenue securities the whole of the said sum of 200,000l., or that the ordinary revenue of the said province or provinces shall be insufficient to discharge the obligations of all or any of the said securities, then and in that case, but not otherwise, the public lands of the said province or provinces then remaining unsold, and the monies to be obtained by the sale thereof, shall be deemed a collateral security for payment of the principal and interest of the said colonial debt: Provided always, that no monies obtained by the sales of public lands in the said province or provinces shall be employed in defraying the principal or interest of the said colonial debt so long as any obligation created by the said South Australian Public Lands securities shall remain undischarged: Provided also, that in case, after the discharge of all obligations created by the said South Australian Public Lands securities, any part of the monies obtained by the sale of public lands in the said province or provinces shall be employed to discharge any of the obligations created by the said Colonial Revenue securities, then and in that case the amount of such deduction from the said Emigration Fund shall be deemed a colonial debt owing by the said province to the Colonization Commissioners for South Australia, and be charged upon the ordinary revenue of the said province or provinces.

XXI. That the Commissioners nominated and appointed by His Majesty as aforesaid may sue and be sued in the name or names of any one of such Commissioners, or of their secretary, clerk or clerks for the time being; and that no action or suit to be brought or commenced by or against any of the said Commissioners in the name or names of any one of such Commissioners, or their secretary or clerk, shall abate or be discontinued by the death or removal of such Commissioner, secretary, or clerk, or any of them, or by the act of such Commissioner, secretary, or clerk, or any of them, without the consent of the said Commissioners, but that any one of the said Commissioners, or the secretary or clerk for the time being to the said Commissioners, shall always be deemed to be the plaintiff or defendant (as the case may be) in every such action or suit: Provided always, that nothing berein contained shall be deemed, construed, or taken to extend to make the Commissioners who shall sign, execute, or give any of the bonds or obligatory writings so hereby authorized or directed to be given personally, or their respective estates, lands, or tenements, goods and chattels, or such secretary or clerk, or their or either of their lands and tenements, goods and chattels, liable to the payment of any of the monies so borrowed and secured by reason of their giving any such bonds or securities as aforesaid, or of their being plaintiff or defendant in any such action as aforesaid; but that the costs, charges, and expenses of every such Commissioner, secretary, or clerk, by reason of having been made plaintiff or defendant, or for any contract, act, matter, or thing whatsoever made or entered into in the bond fide execution of this Act, from time to time be defrayed by the said Commissioners out of the money so borrowed and taken up as aforesaid.

XXII. That no person or persons convicted in any court of justice in Great Britain or Ireland, or elsewhere, shall at any time or under any circumstances be transported as a convict to any place within the limits hereinbefore described.

XXIII. That it shall and may be lawful for His Majesty, by and with the advice of his Privy Council, to frame, constitute, and establish a constitution or constitutions of local government for any of the said provinces possessing a population of 50,000 souls, in such manner, and with such provisoes, limitations, and restrictions, as shall to His Majesty, by and with the advice of bis Privy Council, be deemed meet and desirable: Provided always, that the mode hereinbefore directed of disposing of the public lands of the said province or provinces by sale only, and of the fund obtained by the sale thereof, shall not be liable to be in anywise altered or changed otherwise than by the authority of His Majesty and the consent of Parliament: Provided also, that in the said constitution of local government for the said province or provinces, provision shall be made for the satisfaction of the obligations of any of the said Colonial Revenue securities which may be unsatisfied at the time of framing such constitution of the said province or provinces.

XXIV. That for the purpose of providing a guarantee or security that no part of the expense of founding and governing the said intended colony shall fall on the mother country, the said Commissioners shall and are hereby empowered and required, out of the monies borrowed and taken up as aforesaid on the security of the said South Australian Colonial Revenue securities, to invest the sum of 20,000l. in the purchase of Exchequer bills or other government securities in England, in the names of trustees to be appointed by His Majesty; and the said trustees shall hold the said Exchequer bills, or other government securities so long as may seem fit to His Majesty's Principal Secretary of State for the Colonies; or shall, in case it shall seem fit to His Majesty's Principal Secretary of State for the Colonies, dispose of the same for any of the purposes to which the monies mised by the issue of the said South Australian Colonial Revenue securities are hereby made applicable: Provided always, that if the said Secretary of State should dispose of any part of the said 20,000l., a sum or sums equal to the sum or sums so disposed of shall be invested in the names of the said trustees by the said Commissioners, so that the said guarantee or security fund of 20,000l. shall not at any time be reduced below that amount: Provided always, that the interest and dividends accruing from time to time upon the said Exchequer bills, or other government securities, shall be paid to the said Commissioners, and by them be devoted to the purposes to which, as hereinbefore directed, the monies to be raised by the issue of the aforesaid South Australian Colonial Revenue bonds are made applicable.

VOL. XII. STAT.

2E

xxv. That if after the expiration of ten years from the passing of this Act the population of the said province or provinces shall be less than 20,000 natural born subjects, then and in that case all the public lands of the said province or provinces which shall then be unsold shall be liable to be disposed of by His Majesty, bis heirs and successors, in such manner as to him or them shall seem meet: Provided always, that in case any of the obligations created by the said South Australian Public Lands securities should then be unsatisfied the amount of such obligations shall be deemed a charge upon the said unsold public lands, and shall be paid to the holders of such securities out of any monies that may be obtained by the sale of the said lands.

XXVI. That unti' the said Commissioners shall, by the granting and issuing of bonds and writings obligatory as aforesaid, that is to say, "South Australian Colonial Revenue Securities," have raised the sum of 20,000l., and have invested the same in the purchase of Exchequer bills, or other government securities, as hereinbefore directed, and until the persons intending to settle in the said province or provinces and others shall have invested, (either by payment to the said Commissioners, or in the names of trustees to be appointed by them,) for the purchase of public lands in the said province or provinces, the sum of 35,000l., none of the powers and authorities hereby given to His Majesty, or to the said Commissioners, or to any person or persons, except as respects the exercise by the said Commissioners of such powers as are required for raising money by means of and on the security of the bonds or securities last aforesaid, and for receiving and investing the aforesaid sum of 35,000l. for the purchase of public lands, shall be of any effect, or have any operation whatsoever.

CAP. XCVI.

AN ACT to enable the Commissioners of Sewers for the City and Liberty of Westminster and Part of the County of Middlesex to make a new Sewer at Bayswater in the County of Middlesex.

(15th August 1854.)

Section 1. empowers Commissioners of Sewers to make a wear or tumbling bay of the height of two feet across the Bayswater or Westbourn Brook, near the spot where it crosses the road at Bayswater, and a tunnel drain or sewer from such tumbling bay along the Uxbridge Road to the sewer nearly opposite the end of Albion Street, which passes through Hyde Park, and communicates with the Ranelagh sewer; such tunnel sewer to be six feet high and four feet six inches wide.

Sec. II. empowers the Commissioners of Sewers to enter upon any part of the said road, and to cause all necessary works to be constructed in any part thereof.

Sec. III. reserves to the Commissioners of Sewers the same powers as they possessed before the passing of this Act. Sec. IV. empowers the Commissioners to borrow on the credit of the rates to be made and levied, any sum or sums, not exceeding 3,5001. from the Exchequer Loan Commissioners.

Sec. v. enacts that the rate of interest to be paid be 41. per centum per annum; and that the principal money advanced shall be repaid by twenty equal yearly instalments, the first to be paid at the expiration of twelve months from the time of advancing. Sec. VI. empowers the Commissioners of Sewers to levy rates for the repayment of the sum or sums of money so to be borrowed, and the interest thereon.

Sec. VII. empowers the Commissioners of Sewers to assign the said rates.

Sec. VIII. enacts that the Commissioners of Woods and Forests may advance any sum not exceeding 3,500l. for defraying a moiety of the expenses incurred under this Act.

Sec. IX. provides that a distinct account be kept of the monies expended under this Act.

CAP. LXXVI.

AN ACT for the Amendment and better_Administration of the Laws relating to the Poor in England and Wales.

(14th August 1834.)

ABSTRACT OF THE ENACTMENTS.

1. Appointment and removal of Commissioners.

2. Style of Commissioners ;-who may sit as a Board, with power to summon and examine witnesses, and call for production of papers,

on oath;-or to substitute a declaration for an oath;-but not to inquire into any title.

3. To have a common seal.-Rules, &c. purporting to be sealed with such seal to be received as evidence.

4. Commissioners to record their proceedings.

5. Commissioners to make a general report to the Secretary of State yearly;

6. And to report proceedings to Secretary of State where required.

7. Power to appoint Assistant Commissioners; and to remove same. - Not more than nine to be appointed, without consent of Trea

sury.

8. Commissioners not to sit in Parliament.

9. Commissioners to appoint Secretary, Assistant Secretary or point Secretary,

10. Appointment of Commissioners, &c. limited to five years.

Secretaries, Clerks, and other officers.

11. Commissioners and Assistant Commissioners to take oath.-Form of oath. -Notification of appointment of Commissioners to be

sent to Clerks of the Peace, and published.

12. Commissioners may delegate powers to Assistant Commissioners, and revoke them.-Assistant Commissioners may summon persons

and examine them upon oath; or a declaration may be substituted for an oath.

13. Persons giving false evidence guilty of perjury;-refusing to attend, &c. guilty of misdemeanour.

14. Reasonable expenses of witnesses to be paid, and by whom.

15. Administration of relief to the poor to be under controul of the Commissioners; who are to make rules and regulations for

the

management of the poor, and administration of the laws for their relief, &c. -Commissioners may suspend or alter rules, &c. 16. General rules to be submitted to Secretary of State forty days before coming into operation. If disallowed by King in Council during the forty days, not to come into operation. If disallowed afterwards, operation to cease on notice given.

17. General rules to be laid before Parliament.

18. Rules, orders, &c. to be sent to overseers, &c. before they shall come into operation.-Publicity to be given to rules, &c. in manner directed by Commissioners. - Penalty on overseer, &c. neglecting to give publicity, &c.-Disallowance of rule to be notified in like manner.

19. No inmate of a workhouse obliged to attend any religious service contrary to his religious principles, &c. 20. Orders or regulations of Assistant Commissioners to be approved and sealed by Commissioners.

21. Powers of 22 Geo. 3. c. 83, 59 Geo. 3. c. 12, and of all other Acts relating to workhouses, and to borrowing money, to be exercised under controul of Commissioners, and be subject to their orders.-Commissioners, &c. to be entitled to attend local boards and vestry; but not to order the building or hiring of workhouses, except under limitations.

22. No additions or alterations to be made to the rules contained in the schedule to 22 Geo. 3. c. 83. or in any other Act until confirmed by Commissioners.

23. Commissioners empowered to order workhouses to be built, hired, altered, or enlarged, with consent, &c.

24. Sums to be raised for purposes of building workhouses to be charged on poor rates; not to exceed one year's amount of poor rates. 25. Power to order workhouses to be altered or enlarged, without consent, &c. -Sums to be raised for such purposes not to exceed one

tenth of one year's rates, or 501.

26. Parishes may be united by Commissioners.-Each parish chargeable for its own poor.

27. Justices may order outdoor relief to aged and infirm persons wholly unable to work.

28. When a union of parishes shall be proposed, Commissioners to inquire the expense of poor belonging to each parish for three years

preceding.-Power for taking future averages.

29. The like provision in unions effected under local acts of incorporation. 22 Geo. 3. c. 83.-Power for taking future averages. 30. Parliamentary returns to be evidence of actual expense of poor to each parish.

31. Repeal of 22 Geo. 3. c. 83. s. 5, and 56 Geo. 3. c. 129. part of s. 1. restraining parishes from contributing to workhouse at a greater

distance than ten miles; and of 22 Geo. 3. c. 83. s. 29. limiting class of persons to be sent to workhouses. 32. Power to dissolve, add to, or take from any union; and thereupon to make such rules as may be adapted to its altered state.Rights and interests of parishes, and claims on them, to be ascertained and secured.-Dissolution or alteration not to affect rights of third parties, nor take place without the consent of guardians of parish.

33. United parishes may be one parish for purposes of settlement.

34. Union may be one parish for purpose of rating, with consent of guardians. Agreement or counterpart for such rating to be depo

sited with Clerk of the Peace.

35. Guardians to ascertain and assess value of property.-Rates grounded on such assessment to be allowed as poor rates.

36. In such cases all expenditure for the poor to be in common.-Expense of valuation.-Proviso for consent of parishes not repre

sented by guardian.

57. No union to be so formed without consent of Commissioners.

VOL. XII. STAT, APPEND.

38. Constitution and election of Board of Guardians for unions.- No guardian to have power except at a local board, unless otherwise directed by the Commissioners.-Guardians may be re-elected.

39. The like for single parishes.

40. At elections of guardians votes to be taken in writing, and owners as well as occupiers to vote.-58 Geo. 3. c. 69.-Scale of voting. Votes may be given by proxy.- No rate-payer to vote unless rated one year.

41. Elections of guardians, visitors, and other officers under the Act 22 Geo. 3. c. 83. or any local act to be made according to the provisions of this Act.

42. Commissioners may make rules, &c. for present or future workhouses, and vary bye-laws already in force or to be made hereafter. -Rules, &c. affecting more than one union to be deemed general rules.

43. Justices empowered to see bye-laws enforced, and to visit workhouses, pursuant to 30 Geo. 3. c. 49. The power given to Justices,

&c. to visit workhouses reserved where Commissioners' rules, &c. are not in force.

44. Buildings taken for workhouses to be within the jurisdiction of the place to which they belong, though situated without.

45. No lunatic, insane person, or dangerous idiot, to be detained in a workhouse more than fourteen days.

46. Commissioners may direct overseers and guardians to appoint paid officers for parishes or unions; - and fix their duties, and the

mode of appointment and dismissal, and the security; and regulate their salaries.

47. Overseers, &c. to pass accounts quarterly. Recovery of balances.-Surety not to be discharged.

48. Masters of workhouses and parish officers to be under order of Board, and removeable by them.

49. Contracts not to be valid unless conformable to the rules of Commissioners.

50. Repeal of 45 Geo. 3. c. 54. as to contracts.

51. The penalty imposed by 55 Geo.3.c.137.on persons having the management of the poor being concerned in any contract extended

to persons appointed under this Act.

52. Commissioners to regulate the relief to able-bodied paupers and their families. Relief contrary to their regulations to be disallowed:-But overseers may delay the operation of such regulations under special circumstances, and make report thereof to Commissioners.-If Commissioners disapprove of delay, they may fix a day from which all such relief shall be disallowed.Cases of emergency.

53. Repeal of 36 Geo. 3. c. 23, 55 Geo. 3. c. 137. s. 3. & 4, and 59 Geo. 3. c. 12. s. 2. & 5.

54. No relief to be in future given, except by Board of Guardians, &c.-1 & 2 Will. 4. c. 80.-Any Justice may give order for

medical relief in dangerous illness.

55. Masters of workhouses and overseers to keep registers.

56. Poor persons liable for relief to wife or children. -43 Eliz. c. 2.

57. Husband liable to maintain children of wife born before marriage.

58. Such relief as Commissioners may direct to be considered as loan.

59. Power to Justices to attach wages in hands of master or employer.-Mode of proceeding against masters for recovery thereof. 60. Repeal of so much of 43 Geo. 3. c. 47. as requires relief to be given to wives and families of substitutes, hired men, or volunteers

of militia.

61. Justices to certify that rules of Commissioners have been complied with in binding poor children apprentices.-Justices' power

reserved as between master and apprentice.

62. Power to owners and rate-payers to raise money on security of rates for purposes of emigration.

63. Overseers may apply to Commissioners of Exchequer Bills under Act 57 Geo. 3. c. 34. for advance of money.

64. Repeal of settlement by hiring and service.

65. No settlement incomplete under hiring and service to be completed.

66. No settlement acquired without paying poor rate;

67. Nor by being apprenticed in the sea service;

68. Nor by possession longer than the person shall inhabit within ten miles thereof.

69. Repeal of Acts relating to liability and punishment of putative father, and punishment of mother of illegitimate children.

70. Securities and recognizances for indemnity of parishes against children likely to be born bastards to be null and void.-Persons

in custody for not giving indemnity to be discharged.

71. Mother of illegitimate children bound to maintain the same.

72. Court of Quarter Sessions, on application to overseers, &c. may make an order on putative father of child for its support. -Monies

paid not applicable to support of mother.

73. No application to be heard without fourteen days previous notice. If application be heard, costs may be calculated from birth of

bastard child, if within six months.

74. In the event of party charged not appearing, Court may nevertheless enter into the case.

75. Party summoned, if suspected of intending to abscond, may be required to enter into a recognizance for his appearance.

76. When payments get into arrear, putative father may be proceeded against by distress or attachment of wages.

77. No person employed in administration of poor laws to furnish, for his own profit, goods or provisions given in parochial relief.

78. Sums payable under 43 Eliz. c. 2. s. 7. by relations of poor persons, how recoverable.

79. No person to be removed till after notice of his being chargeable has been sent to the parish to which order of removal is directed.

-Such person may be removed if order submitted to; but not in case of appeal.

80. In case of appeal the overseer to have access to such poor person touching his settlement.

81. Grounds of appeal to be stated in notice.

82. Parish losing appeal to pay such costs as Court may direct.

83. Party making frivolous or vexatious statement to pay costs.

84. Costs of relief to be paid by parish to which poor persons belong.--Relief under suspended order not to be recoverable unless notice

sent of such order.

85. Power to call for and publish accounts of trust and charity estates.

86. Advertisements, &c. not liable to stamp duty.

87. Bonds and securities made pursuant to 22 Geo. 3. c. 83, and assignments thereof, exempted from stamp duty.

88. Letters to and from Board of Commissioners to be free of postage, if sent conformable hereto. Letters sent under cover not relat

ing solely to the business of the Act to be transmitted to Post Office to be charged.

89. Payments contrary to this Act to be disallowed.

90. Service of summons.

91. Repcal of so much of 6 Geo. 4. c. 80, as relates to prohibition of spirituous liquors in workhouses.

of spirituous liquors, or ill-treating poor persons, or misconducting himself.

92. Penalty on persons introducing spirituous liquors into workhouses.

93. Penally on masters of workhouses allowing use

Power for Justices to order salaries, &c. to be stopped, and applied towards payment of penalties.

94. Masters to hang up copies of two preceding clauses in workhouse.

95. Penalties on overseers and other officers disobeying guardians.

96. No overseer to be prosecuted for not executing illegal orders of Justices.

97. Penalty on overseers, &c. purloining, &c. goods, &c. 201. and treble the value of goods purloined.

93. Penalty on persons wilfully disobeying rules, orders, and regulations.

99. Forfeitures, costs, and charges may be levied by distress and sale. In what manner to be applied.

100. Owners, rate-payers, &c. may be competent witnesses.

101. Justices may proceed by summons for the recovery of penalties.

102. Satisfaction recoverable for special damage, but distress not unlawful for want of form in the proceedings. Plaintiff not to recover

for irregularity, if tender of amends be made.

103. Appeal to the Quarter Sessions against order of Justices within four calendar months after cause of complaint, &c.-Fourteen

days notice in writing to be given, &c. and recognizance to be entered into.

104. Limitation of actions.-Defendant may plead the general issue.-Costs.

105. Rules, &c. to be removeable by certiorari to Court of King's Bench.-Rules, &c. so removed to continue in force until declared

illegal.

106. Notice to be given to Commissioners of application for writ of certiorari, &c. -Commissioners may shew cause.

107. Recognizances to be entered into.-If rule he declared legal, Commissioners to be entitled to costs.

108. If rules are quashed, the same to be notified to parishes to which such rules have been directed.-Proviso for existing contracts.

-No person to be answerable until receipt of notice.

109. Interpretation clause.-22 Geo. 3. c. 83.

110. Act may be amended this session.

By this Act,

After reciting that it is expedient to alter and amend the laws relating to the relief of poor persons in England and Wales: It is Enacted,

1. That it shall be lawful for His Majesty, his heirs and successors, by warrant under the Royal Sign Manual, to appoint three fit persons to be Commissioners to carry this Act into execution, and also from time to time, at pleasure, to remove any of the Commissioners for the time being, and upon every or any vacancy in the said number of Commissioners, either by removal or by death or otherwise, to appoint some other fit person to the said office; and until such appointment it shall be lawful for the surviving or continuing Commissioners or Commissioner to act as if no such vacancy had occurred.

II. That the said Commissioners shall be styled "The Poor Law Commissioners for England and Wales;" and the said Commissioners, or any two of them, may sit, from time to time as they deem expedient, as a Board of Commissioners for carrying this Act into execution; and the said Commissioners acting as such Board shall be and are hereby empowered, by summons under their hands and seal, to require the attendance of all such persons as they may think fit to call before them upon any question or matter connected with or relating to the administration of the laws for the relief of the poor, and also to make any inquiries and require any answer or returns as to any such question or matter, and also to administer oaths, and examine all such persons upon oath, and to require and enforce the production upon oath of 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 Commissioners 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: Provided always, that no such person shall be required, in obedience to any such summons, to go or travel more than ten miles from the place of his abode : Provided also, that nothing herein contained shall extend or be deemed to extend to authorize or empower the said Commissioners to act as a court of record, or to require the production of the title, or of any papers or writings relating to the title of any lands, tenements, or hereditaments not being the property of any parish or union.

III. That the said Commissioners shall cause to be made a seal of the said Board, and shall cause to be sealed or stamped therewith all rules, orders, and regulations made by the said Commissioners in pursuance of this Act; and all such rules, orders, and regulations, or copies thereof, purporting to be sealed or stamped with the seal of the said Board, shall be received as evidence of the same respectively, without any further proof thereof; and no such rule, order, or regulation, or copy thereof, shall be valid, or have any force or effect, unless the same shall be so sealed or stamped as aforesaid.

IV. That the said Commissioners shall make a record of their proceedings, in which shall be entered in writing a reference to every letter received, from whence, its date, the date of its reception, and the subject to which it relates, and a minute of every letter written or order given by the said Commissioners, whether in answer to such letters received or otherwise, with the date of the same, and a minute of the opinion of each of the members of the Board of Commissioners, in case they should finally differ in opinion upon any order to be given or other proceeding of the Board; and such record shall be submitted to one of His Majesty's Principal Secretaries of State once in every year, or as often as he shall require the same.

v. That the said Commissioners shall, once in every year, submit to one of the Principal Secretaries of State a general report of their proceedings; and every such general 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 after the next meeting thereof.

VI. That the said Commissioners shall from time to time, at such times as any one of His Majesty's Principal Secretaries of State shall direct, give to the Principal Secretary of State requiring the same such information respecting their preceeaings, or any part thereof, as the said Principal Secretary of State shall require.