The Sun.
London, England, 1844-08-20 00:00:00

THE LAW OF SETTLEMENT.

The following are the contents of the Bill proposed
by Sir James Graham, to consolidate and amend the
laws relating to parochial settlement, and to the re-
moval of the poor:—
Section 1: Repeal of so much of former Acts of
Parliament as relates to settlement in parishes, and to
the removal of the poor, whether English, Scold), or
Irish, or of the Isles. of Man, Scilly, Jersey, or
Guernsey.
Section 2. Settlements which, before the Act, had
been ascertained by warrants of removal, or by a€l-
- in writing, to be retained. But warrants of
removal made before the passing of this Act may still
be appealed against, as if the Act had not been passed.
Section 3. Other settlements declared—namely,

birth settlement; or, 2d., father's settlement ;"Or,
3d., mother's settlement. No settlement to be de-
rived from grandfather, grandmother, or remote an-
cestor. _ _

Section 4. Place of birth proved by register of
birth or baptism.
Section 5. Proviso, that children born in union
workhouses shall be settled where their mothers are
chargeable ; children born in hospitals, prisons, &c.,
or while their mothers are under orders of removal,
shall not have a birth settlement, but shall take their
parent's' settlement.
Replaces, with modifications, 9 Geo. 1, c. 7, s. 4,
proViso ; 13 Geo. 3, c. 82, s. 5 ; 20 Geo. 3, c. 36, s. 2 ;
54 Geo. 3, c. 17, s.-2, 3 ; 9 Geo. 4, c. 40, s. 49; and
the effect of, Dalton, 168, and of the cases R. v.
Astley, 2 Bott., 17 ; Suckley v. Whitborn, 2 Bott., 3.
Section 6. Declaration that there shall be no other
manner of settlement. _

Section 7. Declaration, that unsettled persons are
to be relieved at the charge of the " parish" where
they are destitute, as if they were settled there, until
they are lawfully removed, or their destitution there
is lawfully at an end.
Section 8. Persons chargeable to a " parish" in
which they are not settled, declared liable to be re-
moved to the parishes of their settlement, with a salvo
for the cases of—

I. Married women; who are not to be removed from
their husbands.
2. Legitimate children, who are not to be removed
from their fathers' parish.
3. Legitimate and bastard children, who are not to
be removed from their mothers.
4. Widows and their families, who are not to be
removable for a year after the husband's death.
5. Widows, who are not to be removed from the
place of their husband's settlement and death.
6. Persons chargeable through sickness, not to be
removed until relieved forty days.
'7. Labourers and others who -have maintained them-
selves by their labour in the place for five years, not
to be removable.
Section 9. Declaration, that, except wives and chil-
dren who are before made removable to the husband's
or parent's parish, and persons removable to Scotland,
Ireland, &c., no person shall be removable to any other
parish than that in which they are settled.
Section 10. Power to overseers to admit settle-
ments, and agree to amicable removals.
Section 11. Summons of persons liable to be re-
moved; their examination; the warrant for their re-
moval. Proviso for the examination of persons who
cannot attend the summons..
Replaces 13 and 14 Car. 2, c. 12, s. 1, as to power
to remove; as to complaint to one justice, R. v. West-
wood, 2 Bott., 782 ; summons, R. v. Wykes, 2 Bott.,
818; hearing by two justices, ib.; examination of in-
firm persons, 49 Geo. 3, c. 124, s. 4 ; and of prisoners,
59 Geo. 3, c. 12, s. 28.
Section 12. No removal to be made until of er
forty days' notice, unless the removal be previously
submitted to. In case of appeal, the removal not to
be made until such appeal is ended.
Replaces 4 and 5 Will. 4, c.
.76, s. 79.
Section 13. Overseers, or persons employed by
them, may execute the warrant of removal.
Replaces 54 Geo. 3, c. 170, s. 10.
Section 14. Persons procuring removals without
warrants made subject to penalties.
Section 15. Delivery of paupers under warrants of
removal, at the workhouse of a parish or union, to be
regarded as delivery to the overseers.
Section 16. Suspension of the removal; recovery
of the charges incurred by such suspension ; appeal
where such charges exceed 201.
Replaces 25 Geo. 3, c. 101 ' • as to sick persons, R.
v. Everdon, 2 Bott, 878; and as to the whole family,
49 Geo. 3, c. 124, s. 3 ; as to justices' jurisdiction, 49
Geo. 3-, e. 12.1, s. 1; as to notice of the warrant and
suspension, 4 and 5 Will. 4, c. 76, s. 84.
Section 17. Overseers may abandon a warrant of
removal, paying the costs caused to the other party.
Section 18. The clerk of the justices to transmit a
duplicate of every warrant of removal and the ori-
ginal depositions to the clerks of the peace.
Section 19. The clerk of the peace, on application,
to furnish copies to the overseers of the parish to
which thee removal is directed to be made.

Section 20. The parish aggrieved by a warrant of
removal may appeal, giving notice of the grounds of
their appeal.
Replaces 13 and 14 Car. 2, s. 2, and 3 Will. 4, c.
11, s. 10; and as to statement of periods of appeal,
4 and 5 Will. 4, c. 76, s. 81.
Section 21. And may have access to the pauper
touching his settlement.
Replaces 4 and 5 Will. 4, c. 76, s. 80.
Section 22. Quarter sessions held fourteen days
after notice of appeal, to hear the appeal, no grounds
to be gone into, but such as have been set forth in
the respondents' and appellants' statements.
Replaces 8 and 9 Will. 3, c. 30, s. 6, giving, how-
ever, jurisdiction to sessions of places, not counties;
restriction to, the grounds of removal and appeal, 4 and
5 Will. 4, c. 76, s. 81.
Section 23. On the trial of the appeal, the dupli-
cate of the warrant, and the original depositions trans-
mitted to the clerk of the peace, may be referred to
for certain purposes.
Section 24. Costs incurred by reason of notice of
removal, or of appeal, and costs of trial, and costs
caused by statements of frivolous or vexatious grounds
-of removal or appeal, to be awarded and certified by
the court ; recovery of such costs.
Replaces 8 and 9 Will. 3, c. 30, a. 3, and 4 and 5
Will. 4, c. 76, s. 82.
Section 25. Costs may be taxed by the proper
officer at any time, although' the court be not sitting.
See Regina v. Long, 1 Q.B. 740.
Section 26. The cost of relief and maintenance of
persons under warrants of removal incurred from the
time that notice of- chargeability was sent, till the
time when the warrants might lawfully be executed,
to be repaid to the parish. Proviso saving the provi-
sions in clause 15, respecting suspended warrants.
Replaces 4 and 5 Will. 4, c. 76, s. 84.
Section 27. Notices of removal, appeal, &c., may
be sent by post.
Section 28. Natives of Scotland, Ireland, and the
Islands of Man, Scilly, Jersey, and Guernsey, not
settled in England, may be removed to the places of
their birth.

Replaces, as to natives of Scotland, Ireland, Man
and Scilly, 3 and 4 Will. 4, c. 40, s. 2 ; of Jersey and
Guernsey, 11 Geo. 4, e. 5, s. 2.
Section 29. Justices in quarter Sessions to make
regulations for . such removals. Replaces 3 and 4
Will. 4, c. 40, s. 3 and 4.-
Section 30. The expenses incurred by the parishes
in such removals to be repaid out of the county rates.
Replaces 3 and 4 Will. 4, c. 40, s. 5, with addition
of natives of Jersey and Guernsey.
Section 31. Or in London, by the Chamberlain of
the City, and levied by a special rate.
Replaces 3 and 4 Will. 4, c. 40, s. 6.
Section 32. And in other cities and places not con-
tributing to a county rate, by a general rate.
• Replaces 3 and 4 Will. 4, c. 40, s. 7.
Section 33. Guardians of unions in Ireland, and
the heritors and kirk session or borough magistrates
in Scotland, may appeal against such warrants. Re-
moving parish may abandon its warrant, on payment
of all costs incurred, including those of sending the
pauper back to such parish.
. Section 34. Boards of guardians may apply for
warrants of removal, and execute such warrants.

Section 35. Paid officers may he appointed to con-
duct removals.
Section 36. This Act to be construed as one Act
with the Poor-law Amendment Acts.

Section 37. The Act limited to England and Wales
Section 38. The Act may be amended this session.

• •
There is no truth whatever .in the paragraph in
the Standard of Wednesday with respect to., the com-
missioning the vessels comprising the experithental
squadron. Not only are they not commissioned, but
there is not a commission or warrant down for any, of
them. The report in the same paper that Captain A. L.
.Corry had commissioned the •Firebrand, and hoisted a
Commodore's broad pendant on board, is equally erro-
neous. With respect the brigs, there is some doubt
as to their being commissioned at all ; the 'men may be
wanted for larger ships, .and as a reason for the remark
we may state that an inquiry has been sent down to
know how soon six sail of the line can be at Spithead.
The reply was .three weeks, exclusive of manning. We
may also State that men are entering at the. Tower. for
,‘ general service."—Hampshire
can.. state.,': upon undoubted
authority, that Mr. Prinsep,who was recently. appointed
to a situationosan,Lnghsh ,railway, is not .thd,Mr..ll.
T. Prinsep . contested the Kilniarnoelflnirghs. The
latter gentleman is It MEW of independent fortune,
Glasgow Herald.