cipal officers, or to influence any voter, under a penalty of £10. By s. 6, watch rates may be levied to any amount at the discretion of the borough council, not exceeding in any one year 8d. in the pound. Remaining sections principally refer to superannuations, rewards for good services, and gratuities to widows of constables dying in service.

To remove doubts relating to the superannuation fund for constables in boroughs, whether the head constable was included in the provision for him or widow in the Police Act of 1859, such doubts are removed by the inclusion of them by the 28 V. c. 35.

IX. WATCHMEN.

But the

Watchmen and beadles have power to arrest and detain in prison, for examination, persons walking in the streets at night, whom there is reasonable ground to suspect of felony, although there is no proof of felony having been committed, 3 Taunt. 14. 5 Edw. 3, c. 14, upon which this dictum appears to be partly founded, is among the obsolete acts repealed by 19 & 20 V. c. 64; and its provisions within the limits of the metropolis have been rendered more precise and comprehensive by later police enactments, as appears from the next paragraph.

Any man belonging to the metropolitan police may, during the time he is on duty, apprehend all "loose, idle, and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of any evil designs, and all persons whom he shall find, between sunset and the hour of eight in the forenoon, lying in any highway, yard, or other place, or loitering therein, and not giving a satisfactory account of themselves."

If either watchmen or constable be killed in the discharge of his duty, it is murder.

CHAPTER IV.

Parish Officers and Poor Laws.

PRESIDENT AND COMMISSIONERS OF POOR LAWS.

In the year 1834, by the 4 & 5 W. 4, c. 76, the relief of the poor in England and Wales, according to existing laws, was placed under the control and direction of three commissioners appointed, paid, and removable by the crown; and who were authorized to make rules for the management of the poor and poor children, the government of workhouses, the conduct of guardians, vestries, and officers; the keeping, examining, auditing, and allowing of accounts; the making of contracts, and in all other matters connected with the relief and expenditure of the poor. But the commissioners were not to interfere in any individual case for the purpose of

ordering relief. According to this act, the term poor included any person applying for or receiving relief from the poor rate, or chargeable thereto.

The power of this commission having expired, a new commission was appointed under 10 & 11 V. c. 109, consisting of a president, with a salary, and unpaid commissioners, and four ex officio commissioners, namely, the lord president of the council, the lord privy seal, the home secretary of state, and the chancellor of the exchequer. Two of the commissioners, or the president alone, are competent to act, and the president, and one of the two secretaries, are eligible to seats in the House of Commons. All the powers and duties of the former commissioners are transferred to the new commissioners, who have power to summon and examine witnesses on cath, and to enforce the production of papers, &c.; but so much of the previous act is repealed as required a minute of the opinions of each commissioner in case of a final difference of opinion. The commissioners are to make an annual report to her Majesty, to be laid before parliament.

Rules and orders are to be made under seal, except such as are intended by the commissioners for their own guidance, and general rules must have the signatures of three or more commissioners, of whom the president shall be one. All rules and orders affecting more than one union to be deemed a general rule; the provision in the previous act relating to general rules is repealed, and the queen in council may disallow any general rule; but existing rules to continue in force till altered or rescinded.

By s. 26, every person who, upon any examination, shall wilfully give false evidence, or wilfully make a false declaration, shall, on being convicted, suffer the penalties of perjury; and every person who shall wilfully neglect to attend in obedience to any summons of the commissioners or any inspector, or to give evidence, or who shall wilfully alter, suppress, conceal, destroy, or refuse to produce any books or documents which may be required, to any authorized person, is guilty of a misdemeanor.

Under 4 & 5 W. 4, c. 76, commissioners may call for and publish an account of all trust and charity estates and funds applicable to the relief of the poor; such account to be open to the inspection of owners and ratepayers.

UNIONS.-Commissioners may direct any number of parishes to be united for the relief of the poor, with a common work house. When a union of parishes is proposed, commissioners to inquire into the expense of the poor belonging to each parish, for the three years preceding, and each parish is to contribute towards the joint fund in future in the proportion in which it has already stood with relation to the other parishes.

Commissioners may, without consent of the guardians, dissolve any union (except when united for purpose of settlement or voting), or add to or take from it any parish, and make such rules as seem

adapted to its altered state but if a parish be under a local act, and the population exceed 20,000, the consent of two-thirds of the guardians is still requisite previous to a union or dissolution. United parishes may, with consent of all the guardians, and of the commissioners, be one parish for the purpose of settlement among themselves. After such agreement, the rate, or proportion of contribution to the common fund, is not to be varied; the settlement being common throughout the union, the distinction of each parish paying for its own poor is done away with. With the like consent of guardians and commissioners, a union may have a joint rate as one parish, and in such case all expenditure for the poor to be in

common.

OFFICERS.-Commissioners may direct overseers and guardians to appoint paid officers for any parish or union, and fix their duties, mode of appointment, salaries, and securities. Masters of workhouses and paid officers removable by commissioners, and persons so removed not competent to fill any parish office. No person convicted of felony, fraud, or perjury, eligible to hold any parish office, or have the management of the poor. The word "officer" extends to any person employed in carrying the laws for the relief of the poor into execution.

Clerks and officers may conduct proceedings before justices at petty sessions on behalf of the guardians, although not certificated attorneys, 7 V. c. 101, s. 68.

GUARDIANS.-These, in the interpretation clause of 4 & 5 W. 4, c. 76, are construed to mean any visitor, governor, director, manager, acting guardian, vestryman, or other officer in a parish, or union, entitled to act as a manager of the poor, and in the distribution or ordering of relief under any general or local act of parliament, s. 109. Under this act guardians are to have the entire management of the poor, and are to be elected by each parish in union, by the ratepayers and owners, within forty days of the 25th of March in every year; their number, duties, and qualification to be determined by the commissioners; but qualification not to exceed a rental of £40 a year, and one guardian at least to be elected for each parish. They may be re-elected. Any county magistrate in the district is ex officio a guardian. Commissioners may direct a board of guardians to be established, with like powers, in any single parish, and justices to be ex officio members; or they may alter the number of guardians with reference to population, and if the population of a parish exceed 20,000 it may be divided into wards, having separate guardians, 7 & 8 V. c. 101.

By 12 & 13 V. c. 103, s. 13, the guardians of a union or parish, under the orders of the Poor-law Board, may contract to receive into their workhouse the poor of any other parish or union, in case of the overcrowding of the workhouse, the prevalence or apprehension of any epidemic or contagious disease, or to carry out any local resolution for the emigration of poor persons. Under s. 16, guar

dians are authorized to appropriate any money or valuable security of a pauper, so far as is necessary, to reimburse them for outlay on account of such pauper.

By 14 & 15 V. c. 105, s. 3, malpractices at the election of guardians, as altering, destroying, or purloining nomination or voting papers used therein, or personating a voter, or interrupting distribution of voting papers, are made punishable with imprisonment for any period not exceeding three months. Section 4 empowers guardians to subscribe to a hospital or infirmary with consent of the Poor-law Board. Children under sixteen years who are orphans or deserted by parents, or with consent of surviving parents and the Poor-law Board, may be sent by contract to a workhouse belonging to another union or parish, not above 20 miles distant, and where there is adequate accommodation for instruction and maintenance, s. 6. Power given by s. 12 to the guardians of two unions or parishes to refer, by mutual consent, questions of settlement, removal, or chargeability to the Poor-law Board. By s. 16, the limit of expense to be incurred in school districts, within the metropolitan police district, extended from one-fifth to onethird.

By 11 & 12 V. c. 110, poor persons having a fixed place of abode, who may meet with an accident or bodily casualty in any union or parish in which they have no legal settlement, are to be relieved by the officers of the parish or union in which the casualty happens, but the cost is to be reimbursed by the parish to which they belong.

By 18 & 19 V. c. 34, guardians may grant relief for enabling pauper parents to provide education for their children, if between the ages of four and sixteen years, in any school approved by the guardians.

ELECTIONS.-At the election of guardians, and all other elections, the votes are to be taken in writing, and the rights of voting in owners and ratepayers are assimilated by 7 & 8 V. c. 101. A plurality of votes allowed: if the property be rated upon a rateable value of less than £50, one vote; rateable value £50, or less than £100, two votes; £100, or less than £150, three votes; £150, but less than £200, four votes; £200, but less than £250, five votes; and if it amount to or exceed £250, six votes. When a person is owner and occcupier he may vote in both capacities.

By 7 & 8 V. c. 101, s. 15, owners must give notice of voting before February 1st; they may vote by proxy; but no person can be proxy for more than four owners in one parish, unless steward or land agent; nor does appointment of proxy continue longer than two years, unless a steward or land agent. No ratepayer to vote unless rated one year, and parochial rates paid. In case of property belonging to a corporation, or to any joint-stock or other company, the officer of the same may vote.

WORKHOUSES.-Under this designation is included any house in

which the poor of any parish or union is lodged or maintained, or any house or building used at the expense of the poor rate, by any parish vestry, guardians, or overseers, for the reception, employment, classification, or relief of the poor, s. 109.

Commissioners may order work houses to be built, hired, altered, or enlarged, with consent of a majority of owners and ratepayers voting as already described. Sums to be raised for the purpose to be charged on the rates, but not to exceed one year's average amount, and loan borrowed to be paid in ten equal yearly instalments. Commissioners may order workhouses already erected to be altered or enlarged without consent of the parish, but the money to be raised for the purpose must not exceed one tenth of one year's rates, or £50. They may make rules for the government of workhouses, and may vary by-laws already in force. Justices are empowered to see by-laws enforced, and to visit workhouses, as directed under 33 G. 3, c. 49. Where no rules have been framed by commissioners, the power of any justice, medical person, or clergyman, as heretofore exercised in the visiting of workhouses, is reserved. Introducing spirituous or fermented liquors into a work house, without the order, in writing, of the master, subjects to a penalty of £10, or two months' imprisonment. Master of workhouse introducing prohibited liquors into the workhouse (except for his domestic use), without authority of the surgeon, justice, guardians, or commissioners; or ill-treating poor persons; or otherwise misconducting himself, is subject to a penalty of £20 or not exceeding six months' imprisonment. No dangerous lunatic, insane person, or idiot, to be detained in any workhouse exceeding fourteen days. The 5 & 6 W. 4, c. 60, makes provision for the sale or exchange of lands or houses belonging to any ecclesiastical corporation sole for sites for workhouses, or, in case such corporation sole is of unsound mind, the 20 & 21 V. c. 13, empowers the guardians or managers to petition the lord chancellor to execute. Certain consents to be obtained to the requisition.

By 20 V. c. 9, all extra-parochial places where no poor rate is levied, to be parishes for the relief of the poor, and justices to have jurisdiction to appoint overseers. Provisions for the inns of court and the Charter House. Bishops may order banns to be published in extra-parochial places.

A pauper deserting or running away from a workhouse, carrying off clothes or other goods, subject to imprisonment in the house of correction for any term not less than seven days or exceeding three calendar months. Refusing to work at any employment suited to age, strength, or capacity, drunkenness, or other misbehaviour, subjects to imprisonment and hard labour for any period not exceeding forty-one days, 7 V. c. 101, s. 58.

By 10 & 11 V. c. 109, s. 23, two persons, being husband and wife, and above the age of sixty years, are not compellable to live separate and apart from each other in a workhouse.