UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 THE LAW OF SCOTLAND 
 
 KEOAIll)IN 
 
 THE POOR. 
 
 ALEXANDER MURRAY DUNLOP, 
 
 ADVOCATE. 
 
 A NEW EDITION. 
 
 WILLIAM BLACKWOOD AND SONS, 
 
 EDINBURGH AND LONDON. 
 
 M.DCCC.LIV.
 
 T 
 
 I I-IMM Hem : 1-tilMI I- BY JOIII lit (illlf-. :i 1HIRTI.K THKKT. 

 
 CONTENTS. 
 
 CHAPTER I. 
 
 SUMMARY OF STATUTES AND PROCLAMATIONS, . . 1 
 
 CHAPTER II. 
 
 OF PERSONS ENTITLED TO RELIEF, ... 28 
 
 CHAPTER III. 
 
 OF SETTLEMENT, ..... 44 
 
 SECT. 1. Settlement by Residence, . . . 44 
 
 2. Marriage, ... 54 
 
 3. Parentage, ... 55 
 
 4. - Birth, ... 60 
 
 5. Removal of Paupers, ... 63 
 
 CHAPTER IV. 
 
 OF RELIEF AND RECOURSE, - -. -'.-" . . 67 
 
 CHAPTER V. 
 
 OF THE FUNDS FOR SUPPLYING RELIEF, . . 80 
 
 SECT. 1. Of Voluntary Contributions, Mortifications, &c., ib. 
 
 2, Of Assessments, . 90 

 
 iv CONTI.M-. 
 
 CHAPTER VI. 
 OF VAGABONDS, . \ . . . 120 
 
 CHAPTER VII. 
 OP UNEMPLOYED PERSONA, . , . . . 124 
 
 CHAPTER VIII. 
 
 OF THE ADMINISTRATION OF THE LAWS REGARDING THE POOR, 127 
 
 SECT. 1. Of the Parochial Board, . . . ib. 
 
 2. Of the Board of Supervision, . 144 
 
 3. Of Inspectors and Collectors, . . 148 
 
 4. Of the Jurisdiction of Sheriffs and Justices of 
 
 the Peace, . . . .150 
 
 5. Of the Powers of the Court of Session, . 157 
 
 APPENDIX. 
 
 No. I. ACT OF PARLIAMENT OF 1579, c. 74, . 161 
 
 n. EXCERPT FROM ACT 1672, c. 18, . . 168 
 
 III. PROCLAMATION OF PRIVY COUNCIL, HTH AUGUST 
 
 1692, ..... 169 
 
 IV. Do. 29rn AUGUST 1693, 173 
 V. Do. Slur JULY 1694, 174 
 
 VI. Do. 3D MARCH 1698, 175 
 
 VII. ACT OF PARLIAMENT 8 & 9 VICT., c. 83, . 179 
 VIII. RULES AND REGULATIONS OF THE BOARD OF 
 SUPERVISION APPROVED OF BY THE SECRETARY 
 OF STATE : 
 
 (1.) In cases of Paupers complaining of In- 
 adequate Relief, . . .. 214 
 (2.) Relating to Duties of Inspectors of the 
 
 Poor, ... 217 
 
 (3.) Notices of Meetings, . 220
 
 CONTENTS. V 
 
 PAGE 
 
 RULES AND REGULATIONS OF THE BOARD OF SUPERVISION 
 Continued. 
 
 (4.) Voting on behalf of Members of Joint 
 Stock or other Companies, and of 
 Joint Owners or Joint Occupants, 221 
 
 (5.) Election of Members of Parochial Boards 
 
 in Parishes not Burgh al, . . 222 
 
 (6.) Election of Managers in Burghal 
 
 Parishes, . . .225 
 
 (7.) Passes to Paupers, . . . 228 
 
 (8.) Business of Board of Supervision, . 229 
 
 (9.) Annual Returns by Inspectors, . 229 
 
 (10.) Inspectors selling goods to Paupers, 231 
 
 (11.) Duties of Inspectors : Additional Rules, 232 
 
 (12.) Medical Relief, . . .233 
 
 (13.) Poorhouses, . . .236
 
 THE LAW OF SCOTLAND 
 
 RELATIVE TO 
 
 THE POOR. 
 
 CHAPTER I. 
 
 SUMMARY OF STATUTES AND PROCLAMATIONS. 
 
 1. THE law of Scotland relative to the provision for the 
 poor is founded on statutory enactment. 1 The greater part of 
 
 1 In the very valuable treatise on the Poor-Laws, by Mr Monypenny 
 of Pitmilly, formerly one of the Judges of the Court of Session, it is, with 
 much learning and ingenuity, contended that there is, " independently of 
 the statutes confirming it," " an inherent right in the poor who have not 
 the means of subsistence, to be supplied with the necessaries of life." I 
 must necessarily feel much diffidence in venturing to oppose the opinion 
 of an individual of so much learning, judgment, and experience, even if 
 it were not supported by the dictum of Lord Stair, which he adduces in 
 confirmation of it ; but at the same time I feel called upon to state the 
 grounds on which I have in my former editions, and in this, laid down 
 the position, that " the law of Scotland, relative to the provision for the 
 poor, is founded on statutory enactment." I may premise that I entirely 
 concur with Mr Monypenny in reprobating, on general principles, " the 
 idea of the statutory law in favour of the poor being an attempt to enforce 
 by Act of Parliament the natural duties of charity and benevolence," 
 although, in so far as the views of the framers of our Scottish statutes are 
 concerned, they certainly proceeded on that notion. This is clear from 
 the preamble to the enactment of a compulsory assessment by the Act 
 1579, which is in these words : " And seeing charitie wald, that the pure, 
 aged, and impotent persones, suld be as necessarilie provided als the vaga- 
 boundis and strang beggars repressed, and that the aged, impotent, and 
 pure peopil suld have ludging and abiding- pi aces to settle themselves 
 
 A
 
 2 SUMMARY OP THK CHAP. I. 
 
 our acts of Parliament, however, had for their chief object 
 the suppressing of begging, and till the recent act of her pre- 
 
 intil, it is THEREFORE thought expedient, statute, and ordained," &c. 
 In like manner, both in this statute and the proclamations, the imposing 
 and complying with the assessment is termed a " charitable deed," and 
 44 Christian duty." Agreeing, however, so far, I cannot concur with his 
 other proposition, that the poor have any right antecedent to statute and 
 forming the groundwork of our legislative enactments, but conceive that 
 these are founded solely on policy and expediency ; with this special 
 qualification, that whenever the Legislature, for the purpose of suppress- 
 ing vagrancy by sturdy beggars, prohibited generally all asking of alms, 
 or circumscribed the liberty naturally belonging to all poor persons, with- 
 out means of subsistence, of calling forth in their own favour that feeling 
 of charity which God for their relief hath implanted in the breasts of 
 men, there did thence arise a right, in equity, on the part of the poor, to a 
 provision, in lies thereof, from the community, who, for purposes of 
 general policy, deprived them of their natural liberty in the asking of 
 alms, and in craving performance of that obligation of charity, which, 
 however powerful in conscience and towards God, cannot be enforced by 
 human laws, and that had the community not given effect to this right, 
 they would have violated the clearest principles of justice. Such right, 
 however, was not antecedent to the statutes, but arose from the enact- 
 ments themselves, which rendered a provision for the impotent poor a 
 necessary counterpart of the restraint imposed on their natural liberty 
 and inherent right of appealing to the charity of their fellow-men ; and 
 indeed the Act 1579 would almost seem to leave to the pauper the option 
 of exercising this liberty, or of accepting the provision in lieu of it, since 
 it appoints the administrators of the funds " to see what they may be 
 maid content, of their awn consentis, to accept daylie, to live unbeggand." 
 The supposed antecedent right to support, on general principles of law, 
 and independent of positive enactment, is rested by Mr Monypenny, fol- 
 lowing Lord Stair, on an obligation said to be " implied in property." 
 Lord Stair first disposes of the obligation of charity, classing it among 
 those natural obligations in regard to which, " though the obligation be 
 to duties relating to man, yet there is no correspondent right or power of 
 compulsion in the man, and so the creditor is God, and man is a third 
 party to whose behoof the obligation is imposed, but who hath neither 
 power of exaction for himself, nor of vindication for God. Such (he con- 
 tinues) are the obligations of beneficence generally, and particularly of 
 charity to the poor, assistance to those in hazard, and relief of the 
 oppressed ; for natural reason will teach us, that though these do natu- 
 rally oblige us, yet they in whose favour they are cannot compel us. 
 For example, we are bound to give alms to the poor, yet none will affirm 
 that the poor can extort it or take it by force. 'Tis true that in the posi- 
 tive law of any nation, or other association, there is in the very nature of
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 3 
 
 sent Majesty, that which now forms the principal subject of 
 attention in relation to the poor, was comprised in a few sen- 
 
 the association, a duty of assistance for the common interest into which 
 they are associate ; but that is not a natural, but a voluntary obligation, flow- 
 ing from the voluntary association or union. Likewise, all the people are 
 bound to concur and assist legal execution, and in some places to contribute 
 by such a proportion to the poor, but these are only positive laws having the 
 force andnature of contracts." In afterwards, however, treating of property, 
 his Lordship observes, " Yea, there is implied in property an obligation to 
 give, in cases of necessity, to those who have not wherewith to exchange, 
 and cannot otherwise preserve their life but with the obligation of recom- 
 pence when they are able ; for human necessity doth also infer this ; but 
 it must be a real, and not a pretended or feigned necessity, &c. And " 
 (continues his Lordship, somewhat inconsistently, as I venture to think, 
 with his previous statement already quoted as to the obligation to contri- 
 bute " a proportion to the poor," being in virtue of " positive laws having 
 the force and nature of contracts") " this is the ground of the obligation 
 to aliment the poor, which, though it also floweth from the obligation of 
 charity, yet, as it hath been shown before, that obligation hath no deter- 
 minate bounds, but is left to the discretion of the giver, not of the 
 demander, and so can be no warrant for taking by force and without the 
 proprietor's consent." His Lordship would here seem to countenance the 
 idea, that although, as previously laid down, a person in absolute want 
 would not be entitled to take the property of another by force if he rested 
 his doing so on the obligation of charity, yet would be fully justified by 
 simply attributing his act to the enforcement of the obligation implied in 
 property. But, passing this, I observe, that there can be no doubt that 
 the possessor of property, or of any other means of relieving the necessities 
 of his fellow- creatures, is under an obligation to do so ; but the question 
 is as to the nature of that obligation. Is it, in regard to the proprietor, 
 a civil obligation consequent on the civil right of property, apart from the 
 natural obligation which is incumbent on all men according to their means, 
 whether of contributing property or service, but which is not of its own 
 nature enforcible by the party in whose favour it exists ? I venture, 
 with great deference, to think that there is nothing in the civil right of 
 property creating such an obligation on the one hand, or the correspondent 
 right on the other. An individual without funds beyond what is neces- 
 sary for his own subsistence, if by his personal services he can aid in 
 saving another from starvation, or from death through any other means, 
 is under an obligation to exert them for this end ; but, undeniably, it is 
 a merely natural obligation, and not civil or enforcible apart from positive 
 enactment. Then what change does the possession of property make in 
 the nature of the obligation incumbent on him ? It affords him a mean 
 which he did not before possess of contributing to the necessities of the 
 poor man ; but the obligation to employ this mean in his favour, is exactly
 
 4 SUMMARY OP THE CHAP. I. 
 
 tcnces ; while the Statute-book is filled with provisions intended 
 to put down the hordes of vagabonds and beggars, who, roam- 
 ing in multitudes throughout the country, lived by levying 
 
 of the same nature with that which lay on him when he had only his 
 personal services to devote to this purpose. It is still a natural obligation, 
 and nothing more ; and although the subsistence of such obligation may 
 afford an additional reason for a community making a provision by posi- 
 tive enactment to such extent as good policy may require or approve, it 
 can give no sanction to the principle of an antecedent and inherent right 
 on the part of the poor to support, not from the voluntary performance of 
 the natural duty of charity, nor in consequence of provisions founded on 
 public policy, but in virtue of a right based on general principles of law, 
 and sacred and independent as the right of property itself, a principle, 
 most pernicious in its operation on the feelings and conduct of the poor 
 themselves, if once admitted, scarcely possible to be restrained within 
 any limits consistent with the general well-being, and in violation of that 
 wise constitution of society which Providence has established as best 
 adapted for the general good of all. The case of poor debtors alimented 
 in prison by their incarcerating creditors, which Mr Monypenny refers to 
 as analogous in principle to that which I have been considering, appears 
 to me, with great deference, to be totally distinct, and to rest on those 
 very principles on which alone I have admitted any right to a provision 
 on the part of the poor. The compulsitor of imprisonment for debt is one 
 conceded by society for the common advantage, but it extends no further 
 than to give a right of confinement. It gives no right to starve the 
 debtor ; and whenever by deprivation of his liberty he is exposed to the 
 risk of starvation, there arises to him a right in equity to be maintained, 
 either against the society which concedes to the creditor the power of 
 confinement, or against the creditor who uses it as a compulsitor for pay- 
 ment of his debt. While, therefore, I admit that, antecedent to the sta- 
 tute 1696, the poor debtor, when deprived of the liberty of labouring for 
 his subsistence by the positive act of his creditor enforcing the law of the 
 community, had a right in equity to be supported, I maintain that it 
 arose from that positive act, and as the counterpart of it, in the same way 
 as I acknowledge that the pauper acquired a similar right, independent 
 of the statutory confirmation of it, by the positive act of depriving him 
 of his natural liberty of soliciting alms, in regard to which, although per- 
 sons capable of, and able to obtain, work, may justly be restrained, those 
 incapable of work cannot be deprived of it without acquiring the counter- 
 part right to which I refer. Consequently this case of imprisoned debtors 
 can give no support to the principle, that, antecedent to all statutory 
 enactment, the poor have an inherent right to be supported, civilly 
 enforcible according to general principles of law, and merely explicated 
 and furnished with the means of being carried into effect by the positive 
 enactments of statutes.
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 5 
 
 contributions and free quarters, to the great oppression of the 
 people. The extent of this evil, as it existed even so late as 
 the end of the 17th century, is thus described by Fletcher 
 of Saltoun : " There are at this day in Scotland (besides a 
 great number of families very meanly provided for by the 
 church boxes, with others who, with living upon bad food, fall 
 into various diseases). 200,000 people begging from door to 
 door. These are not only no ways advantageous, but a very 
 grievous burden to so poor a country ; and though the num- 
 ber of them be perhaps double to what it was formerly, by 
 reason of the present great distress, yet in all times there have 
 been about 100,000 of these vagabonds, who have lived with- 
 out any regard or submission either to the laws of the land, 
 or even of those of God and nature fathers incestuously 
 accompanying their own daughters, the son with the mother, 
 and the brother with the sister. No magistrate could ever 
 discover or be informed which way any of these wretches died, 
 or that ever they were baptized. Many murders have been 
 discovered among them ; and they are not only a most 
 unspeakable oppression to poor tenants (who, if they give not 
 bread, or some sort of provision, to perhaps forty such villains 
 in one day, are sure to be insulted by them), but they rob 
 many poor people, who live in houses distant from any neigh- 
 bourhood. In years of plenty, many thousands of them meet 
 together in the mountains, where they feast and riot for many 
 days ; and at country weddings, markets, burials, and other 
 the like public occasions, they are to be seen, both men and 
 women, perpetually drunk, cursing, blaspheming, and fighting 
 together." 1 
 
 1 Second Discourse concerning the affairs of Scotland, 1698, p. 24. 
 The following extract from a letter addressed by a justice of peace of 
 Somersetshire to the Lord Chancellor Burleigh, in transmitting to him 
 the calendar of the assizes and sessions held in that county in 1596, 
 exhibits the state of England at that period as nearly similar : " God 
 is my witness, I do with grief protest, in the duty of a subject, I do not 
 see how it is possible for the poor countryman to bear the burthens daily 
 laid upon him, and the rapines of the infinite numbers of the wicked, 
 wandering, idle people of the land ; so as men are driven to watch their 
 pastures, their woods, their cornfields ; and I may justly say, that the 
 infinite numbers of the idle wandering people, and the robbers of the
 
 ft SUMMARY UK THE CHAP. I. 
 
 2. These vagabonds had long greatly abounded ; and so 
 
 early as the year 1424, in the reign of James I., there are 
 
 three enactments intended to repress them. The purport of the 
 
 first, 1424, c. 7, is comprised in its title, which declares 
 
 ' that " sornares or companies overlyand the Kingis 
 
 lieges, suld be arreisted, and satisfie the King and 
 
 partie." The second, c. 25, " of the age and mark of beggars, 
 
 and of idle men" (repeated by c. 42, of the same year, 
 
 ' creates an important distinction between those who 
 
 / ' are able to earn their own livelihood, and those who 
 
 are obliged to resort to the charity of others for their 
 
 subsistence. 1 It directs that " na thiggeres be thoiled to beg 
 
 between the ages of fourteen and seventy years, unless they 
 
 be scene be the councelles of the toune or of the lande, that 
 
 land, are the chiefest cause of the dearth ; for though they labour not, 
 yet they spend double as much as the labourer doth, for they live idly iu 
 the ale-houses day and night, eating and drinking excessively. This 
 year there assembled sixty in a company, and took a whole cart-load of 
 cheese from one driving it to a fair, and dispersed it among them. Within 
 this three months I took a thief, that confessed unto me that he and 
 two more lay in an alehouse three weeks, in which time they ate twenty 
 fat sheep, whereof they stole every night one. It is most certain that if 
 they light upon an alehouse that hath strong ale, they will not depart 
 until they have drunk him dry. And they grow the more dangerous in 
 that they find they have bred that fear in the justices, and other inferior 
 officers, that so no man dares call them into question ; and at a late 
 sessions, a tall man, a man-sturdy and ancient traveller, was committed 
 by a justice, and brought to the sessions, and had judgment to be whipt ; 
 he, present at the bar, in the face and hearing of the whole bench, swore 
 a great oath, that if he were whipt, it should be the dearest whipping to 
 some that ever was. It strake such a fear in him that committed him, 
 as he prayed he might be deferred until the assizes, when he was deli- 
 vered without any whipping or other harm, and the justice glad he had 
 so pacified his wrath. By this your good Lordship may inform yourself 
 of the state of the whole realm, which, I fear me, is in as ill case, or 
 worse, than ours." STRYPE'S Annals, vol. iv. No. ecxiii. 
 
 1 The act itself is as follows : " Item, the Parliament statutis and the 
 King forbiddis that na companies passe in the countrie to lye upon onie 
 the Kingis lieges, or thig or sojourne horse, outher on kirk-men or hus- 
 bands of the land ; and gif onie complaint be maid of sic trespassours to 
 the Schireffe of the land, that he arreist sic folk, and challenge them, and 
 tax the Kingis skaith upon them ; and gif they be convict of sic trespasse, 
 that they be punished, and find bnrrowes till assyith the King and the
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 7 
 
 they may not winne their living utherwaies; and they that 
 sal be thoiled to beg, sal have a certaine takinne 1 on them," 
 while all others, "havand na takinnes," were to be charged 
 " be open proclamation to labour and passe to craftis for win- 
 ning of their living, under the pain of burning on the 
 cheike and banishing of the countrie." 2 And by a sub- 
 sequent statute of the same monarch, 1425, c. 66, the 
 
 partie complainand : and gif sic persones takis onie skaith in arreisting 
 them, it sal be impute to themselfes : And in case that na complaint be 
 maid to the Schireffe, the Schireffe sail enquire at ilk head court that he 
 haldis, gif onie sic faultoures be within his schireffdom, and gif onie beis 
 founden, that they may be punished as is before written." 
 
 To show the correspondence of the earlier English and Scotch statutes, 
 a few excerpts from the former (most of which, however, were repealed 
 on the establishment of a more complete system) are given in this and 
 subsequent notes. " Item, ordeignez est et assentuz qe le statutz faits 
 en temps le noble Roy Edward, aiel notre Seigneur le Roi, qore est de 
 Roberdesmen et Drawelatches soient fermement tenuz et gardez. Et 
 outre ce est ordeignez et assentuz par resteindre la malice des diverse 
 gentz faitours et vagerantz de lieu en lieu currantz de present par paiis 
 plus habundantemeut qe ne soloient avant ces heures, qe desore les jus- 
 tices des assizes en lour sessions, les justices de la paix, et les viscontz 
 en chescun contee aient poair denquere de toutz cielx vagerantz et 
 faitours et de leur malfaitz, et sur eux faire, ce qe la lay demande. Et 
 qe si bien les justices, &c. aient desore poair de leur examiner diligeal- 
 ment, et compeller de trover seurtee de lour bon port par sufflciantz 
 maiuparnours des tielx qe soient destreinables si ascune defaute feusse 
 dessors trovez en mesmes les faitours et vagerantz, et sils ne poient tiele 
 seurtee trover soient mandez al prochaine gaole pur y demorer tanque la 
 venue des justices assignez pur deliverance des gaoles, les queux en tiel 
 cas aient poair de faire sur les ditz vagerantz et faitours issint imprissonez 
 ces qe leur ent semblera mieutz affaire par la ley." 7 Richard II. c. 5 ; 
 1383. (Repealed 21 Ja. I. c. 28.) 
 
 1 " Takine" token or badge. 
 
 2 A similar distinction seems to have been introduced by the English 
 statute 12 Richard II. c. 7, 1388 [repealed 21 Ja. I. c. 28), which is in 
 these terms : " Item, accordez est et assentuz qe de chescun qi va men- 
 dinant et est able de servir ou laborer soit fait de lui come de celui qi 
 depart de hundredes et autres lieux susditz sans lettre testimoignale et 
 qe les mendinantz impotentz de servir demurgent es citees et villes ou ils 
 sont demurrantz al temps de proclamation de cet estatut. Et si les gentz 
 des ditz citees ou villes ne voillent ou ne poient suffir de les trover qe les 
 ditz mendinantz soient trahi as autres villes, &c., ou ils furent nez deiuz 
 qarrant jours apres la dite proclamation fait et la demurgent continuelle-
 
 8 SUMMARY OF TI1K CJIA1'. I. 
 
 sheriffs are directed to inquire " gif onie idle men, that hes 
 not to live of their awn, be received within his boundes," and 
 to arrest them till.it be known " quhairupon they live;" and 
 after setting them at liberty on sure burrowes or pledges, to 
 allow them forty days to fasten to lawful craftis ; and if they 
 were then found idle, he was to arrest them again, and imprison 
 them, " to abide and be punished at the king's will." 1 
 
 3. These rigorous enactments do not seem to have been 
 carried into execution ; for, in 1 427, there appears an 
 ' act directing inquisition to be made, and a fine to be 
 imposed on those magistrates who had neglected them. 
 In the next king's reign, a still more severe statute 
 ' was passed, from which it appears that the bands of beg- 
 gars had become yet more formidable, going about the 
 country with " horse, houndes, and uther gudes." The act 
 directs this property to be escheat to the king, and the owners 
 to be imprisoned until his majesty " have said his will on them ; " 
 and with regard " to feinzied fooles and vagaboundes" gene- 
 rally, that they be imprisoned so long as they have any goods of 
 their own to live upon, and then that their " eares be nailed 
 to the trone, or till ane uther tree, and their eare cutted off," 
 and they banished the country ; " and gif thereafter they be 
 funden againe. that they be hanged." 2 
 
 The disturbed political state of the country, together with 
 the low moral condition of the people, not only prevented the 
 due execution of the laws, but otherwise tended greatly to 
 
 ment pur lour vies. Et qe de touz ccux q'aillent en pilrinage come men- 
 dinanz et sont puissant de travailler soient faitz come les ditz servantz et 
 laborers Us nient lettres testimoinales de lour pilrinage desouz les sealx 
 avantditz." 
 
 1 " Et qe le viscontz, &c., soient tenuz et chargcz de receivre les ditz 
 servantz laborers mendinantz et vagcrantz et les detenir en prison, a la 
 forme avandite." C. 9. 
 
 2 By 27 Hen. VIII. c. 5 (1535), it was enacted, that a valiant or sturdy 
 vagabond shall at the first time be whipped, and sent to the place where 
 he was born, or last dwelt, by the space of three years, there to get his 
 living ; and if he continue his roguish life, he shall have the upper part of 
 the gristle of the right ear cut off; and if, after that, he be taken in idle- 
 ness, he shall be adjudged and executed as a felon. (Expired 31 Hen. 
 VIII. c. 7. 1 Eliz. c. 18.)
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 9 
 
 augment the number of the disorderly gangs which these sta- 
 tutes were intended to suppress. The Legislature, however, 
 seem to have hoped, by the increasing severity of their enact- 
 ments, to supply the want of social and moral improvement on 
 the part of the people ; and accordingly we find, in a few years, 
 that sorners are ordained to be summarily put to death ^rx 
 as thieves and reivers, by 1455, c. 45, an act again c. 45. 
 repeated in the next reign, by the statute 1477, c. 77, 14 Eq' 
 of which the object is stated to be " for the stanching 1477, 
 of maisterful beggars and sornares, that dailie oppressis c - ^- 
 and herryis the kingis lieges ; " and by an intervening statute, 
 1457, c. 79, the judges at the justice-aires are directed to take 
 cognizance of such offenders. 
 
 4. In none of these enactments, subsequent to the statute 
 1424, c. 25, is there any mention made of the regular poor, 
 who, by that act, were permitted to beg a privilege at a 
 future period exchanged for the right to parochial support. No 
 act relative to this subject appears till the statute 1503, 
 c. 70, in the reign of James IV., which directs the for- ' 
 
 mer statute of King James I. to be observed, and points 
 out more distinctly the class who were to enjoy the privilege 
 of begging, including those only, who, by reason of physical 
 disability, and of mental or bodily weakness, were incapable of 
 maintaining themselves. It ordains the sheriffs and magis- 
 trates of burghs to allow none to beg within their bounds, 
 " except cruiked folk, seik folk, impotent folk, and weak folk," 
 under the penalty of a merk for every other beggar found 
 within their jurisdiction. A very important restriction was 
 imposed on those privileged beggars by the subsequent 
 act of James V. (1535, c. 22), which enacts " that na 
 beggars be thoiled to beg in ane parochin that are born 
 insane uther; and that the headsmen of ilk parochin make 
 takinnes and give to the beggars thereof, and that they be 
 susteined within the bounds of that parochin ; and that nane 
 others be served with almous within the bounds of that paro- 
 chin, hot they that bearis that takinne allanerlie." 1 
 
 1 By 22 Henry VIII. c. 12 (1530), it was enacted that the justices of 
 the peace in every county, dividing themselves into several limits, shall 
 give licence, under their hands and seals, to such poor, aged, and impo-
 
 10 SUMMARY OF TUB CHAP. I. 
 
 5. Notwithstanding the provisions for the suppression " of 
 sornars and masterful beggars," their number seems greatly to 
 have increased during the disorders of the subsequent unfor- 
 tunate reign of Queen Mary, and the minority of her son. Ac- 
 cordingly, shortly after King James VI. assumed the reins of 
 government, an attempt was made to form a more regular sys- 
 tem for the remedy of the evil which had so long griev- 
 ' ously oppressed the people of this country. This was 
 done by the act 1579, c. 74, which is the foundation of 
 our present system of poor-laws, 1 and was, down to the passing 
 of the late act, for their " amendment " and " better adminis- 
 tration," the only authority (with the exception of procla- 
 mations of the privy council) for enforcing a compulsory pro- 
 vision for the support of the ordinary poor ; the intervening 
 statutes, which direct assessments to be levied, being for en- 
 tirely different purposes, and having now fallen into total des- 
 uetude. This statute, intituled an act " For punischment of 
 strang and idle beggars, and reliefe of the pure and impotent," 
 proceeds on the narrative, that the "sindrie lovabil acts of 
 Parliament made by our Soveraine Lord's maist nobil proge- 
 nitours, for the stanching of maisterful and idle beggars, away- 
 putting of sornares, and provision for the pure," " in time by- 
 gane lies not been put to dewe execution, throw the iniquitie 
 and troubles of the time bypast, and by reassoun that there 
 was not heirtofoir ane ordour of punischment sa speciallie de- 
 vised as need required ; but the saidis beggares, besides the 
 uthers inconvenients quilks they daylie produce in the com- 
 mounwealth, procures the wrath and displeasure of God, for the 
 wicked and ungodlie forme of living used amangs them, without 
 marriage or baptizing of a great number of their bairnes." 
 It then goes on, " Therefoir, now, for avoyding of the incon- 
 venients and eschewing of the confusion of sindrie lawes and 
 actes concerning their punischment, standing in effect, and 
 that sum certaine execution and gude ordour may follow there- 
 anent, to the great pleasure of Almichtie God, and commoun 
 
 tent persons to beg withiu a certain precinct, as they shall think to have 
 most need ; and if any do beg without his precinct, he shall be whipped, 
 or else be put in the stocks. (Repealed, 21 James I. c. 28.) 
 1 See infra 14, Note.
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 11 
 
 weill of the realme, it is thocht expedient, statute and ordained, 
 as well for the utter suppressing of the saidis strang and idle 
 beggars, sa contageous enemies to the commoun weill, as for 
 the charitabil releeving of aged and impotent pure peopil, 
 that the ordour and forme following be observed." The 
 " ordour " of punishment appointed for these " sa contageous 
 enemies to the commoun weill," was, that on being convicted 
 for the first time, "they be adjudged to be scourged, and 
 burnt throw the eare with ane hote iron," "except some honest 
 and responsal man will, of his charitie, bee contented then 
 presently to act himself before the judge to take and keip 
 the offender in his service for ane haill zeir ; " /' and gif 
 the offender leave the service within the zeir, he shall then 
 be scourged and burnt throw the eare, as foresaid ; quilk 
 punischment being anis received, he sail not suffer againe 
 the like for the space of three scoir dayes thereafter ; bot gif, 
 at the end of the saidis sixty dayes, hee be founden to be 
 fallen againe in his idle and vagabond trade of life, then, 
 being apprehended of new, he sail be adjudged, and suffer 
 the pains of death as a thief." ] The act then sets forth who 
 are to be considered " as idle and strang beggars and vaga- 
 bonds, and worthie of the punischment before specified ; " and 
 these are generally all persons between fourteen and seventy 
 years of age, going about the country idle, and not following 
 any lawful mode of winning their bread. The list of the dif- 
 
 1 An " ordour of punishment " extremely similar to this was provided 
 for vagabonds in England (by 14 Eliz. c. 5, 1572), intituled, like this, 
 " An act for the punishment of vagabounds, and for relief of the poor 
 and impotent," (repealed by 35 Eliz. c. 7, and 43 Eliz. c. 2.) It 
 was in every respect similar to the Scotch act, as will be seen by the 
 following summary of its contents : " A vagabond above the age of 
 fourteen years, shall be adjudged to be grievously whipped, and burnt 
 through the gristle of the right ear with a hot iron, of the compass 
 of an inch, unless some credible person will take him into his service 
 for a year ; and if being of the age of eighteen years, he after so fall 
 again into a roguish life, he shall suffer death as a felon, unless some 
 credible person will take him into service for two years ; and if he 
 fall a third time into a roguish life, he shall be adjudged a felon. Who 
 shall be adjudged vagabonds ? The penalty for the relief of them. Who 
 may make passports and licences, and to whom ? Assessments shall be 
 made of the parishioners, for the relief of the poor of the same parish."
 
 11* SUMMARY OF THE CHAP. I. 
 
 ferent descriptions of such persons given in the act (see infra, 
 chap, vi.), contains almost exactly the characters which in the 
 present day continue, to a certain extent, still to infest the 
 country, excepting a class whom it rather surprises us now- 
 adays to find in such company, viz. " vagabound schollers 
 of the Universities of St Andrews, Glasgow, and Abirdene, 
 not licensed by the Rector and Deane of Facultie of the Uni- 
 verities to aske almes." ' Besides the penalties to be inflicted 
 on the vagabonds themselves, the act declares, that every per- 
 son who " gives money, harberie, or ludgeing, settis houses, 
 or shawis ony uthir relief " to them, shall be liable in a fine 
 not exceeding 5 punds Scots to the poor of the parish. 2 After 
 some further provisions for allowing, to persons shipwrecked, 
 licences to proceed to their own homes, and for appointing 
 searchers in each parish to take up vagabonds, the act thus 
 proceeds : 
 
 6. " And seeing charitie wald, that the pure, aged, and im- 
 potent persones, suld be als necessairlie provided als the va- 
 gaboundis and strang beggars repressed, and that the aged, 
 impotent, and pure peopil, suld have Judging and abiding- 
 places throughout the realme to settle themselves intil ; " it 
 
 1 A similar class of beggars existed at a more early period in England, 
 as appears from 12 Rich. II. c. 7, 1388 (repealed 21 Jac. I. c. 28), where- 
 by it was enacted, " Qe" les clercs des universities qi vont ensy mendi- 
 nanz aient lettres de tesmoigne de lour chancellor sur mesne le peyne." 
 At this day there is still such a class of mendicants to be met with in 
 Spain. In the list of vagabonds contained in the act 1579, Egyptians 
 are mentioned for the first time. They are noticed in an English act of 
 the year 1530. By 22 Henry VHI. c. 10, " Concerning outlandish 
 people calling themselves Egyptians," they are prohibited from coining 
 into the realme, and ordained to depart, under the penalty of forfeiting 
 their goods and chattels to the king. The 2d of Philip and Mary, c. 4, 
 makes it felony for them to remain one month within the kingdom ; and 
 that without benefit of clergy, by 5 Eliz. c. 20. These people were still 
 more severely dealt with in Scotland; for by the act 1609, c. 9, they 
 were declared liable to be summarily put to death, on its being proved 
 that they were Egyptians, though not charged with any particular 
 offence. 
 
 8 By 27th Hen. "VTU. c. 25 (1535), all persons are prohibited from 
 making any common dole, or giving any money in alms but to the com- 
 mon boxes and gatherings in every parish, upon pain to forfeit ten times 
 so much as shall be given. (Expired.
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 13 
 
 therefore directs the magistrates in towns, and the justices, 
 to be constitute by the king's commission in parishes to land- 
 ward, " betwixt and the first day of January nixt to cum, to 
 take inquisitioun of all aged, pure, impotent, and decayed per- 
 sons, born within that parochin, or quilkes war dwelling, or 
 had their maist commoun resorte in the said parochin the last 
 seven zeirs bypast, quilkes of necessitie mon live bee almes," 
 and thereon to see what those may be made " content, of their 
 awin consentis, to accept daylie, to live unbeggand, 1 and to 
 provide quhair their remaining shall be, be themselves, or in 
 house with others, with advice of the parochiners, quhair 
 the saidis pure peopil may be best ludged and aby de." 2 The 
 act then goes on to establish an assessment for their support 
 in the following terms : " And thereupon, according to the 
 number, to consider quhat their neideful sustentation will ex- 
 tend to everie oulk (week), and then, be the gude discretions 
 of the saidis provosts, baillies, and judges in the parochinis to 
 landwart, and sic as they sail call to them to that eifect, to 
 taxe and stent the haill inhabitants within the parochin, ac- 
 cording to the estimation of their substance, without excep- 
 tion of persons, to sic oukly (weekly) charge and contribution, 
 as sail be thought expedient and sufficient to susteine the 
 saidis pure peopil." This taxation is directed to be renewed 
 every year, " for the alteration that may be throw death, or 
 be incres or diminution of men's gudes and substance ; " and 
 all persons are declared liable to imprisonment, who either 
 refuse to contribute to the relief of the poor, " or discourage 
 utheris from sa charitabil ane deede." 
 
 The act farther provides, that if the " aged and impotent 
 
 1 The English statute, 22d Henry VIII. c. 25 (1530), directed " that 
 all governors of shires, cities, parishes, &c., shall find and keep every 
 impotent and aged person which was born or dwelt three years within 
 the same limit, by way of voluntary and charitable alms, &c., so that 
 none of them shall be compelled to go openly a-begging." 
 
 2 By 43 Eliz. c. 2 (1601), the overseers are directed to provide " con- 
 venient houses of dwelling for the said impotent poor, and also to place 
 inmates, or more families than one, in one cottage or house, which cot- 
 tages and houses shall not at any time after be used or employed to or 
 for any other habitation, but only for the impotent and poor of the said 
 parish."
 
 14 SUMMARY OP THK CHAP. 1. 
 
 persones, not being sa diseased, lamed, and impotent hot that 
 they may woork in some manor of wark," shall, nevertheless, 
 refuse to perform the work appointed to them by the overseer, 
 they shall be punished as vagabonds. It also allows any of 
 the lieges to take beggars' children, between the ages of five 
 and fourteen years, into their service, and gives a right to their 
 labour till the age of 24 in males, and 18 in females. It per- 
 mits testimonials to be given to such of the poor as may be 
 judged proper, authorizing them to ask alms in their own 
 parishes; and after declaring that vagabonds, while imprisoned, 
 shall be maintained by the parishes in which they were ap- 
 prehended, " allowing to each person ane pund of ait-bread, 
 and water to drink," it concludes with a declaration, that, 
 should any doubts arise as to the meaning of the Act, " the 
 interpretation, explanation, suppliement, and full execution 
 thereof," is committed to the King, with advice of his privy 
 council. 1 
 
 7. The improvement in the moral habits of the people of 
 Scotland, which has been since produced by the operation of 
 institutions of nearly the same period with this statute, was 
 long retarded by adverse circumstances ; and we accordingly 
 find that the expectation entertained of the effects of this act 
 were not realized. Its only result, indeed, seems to have 
 been, to create a feeling of the necessity for an increase of pri- 
 
 1 There were several English statutes prior to the 43d Eliz. c. 2 (the 
 basis of the poor-laws in England), particularly the 14th of Ellz., extremely 
 analogous to this Act (1579, c. 74), on which the Scottish system is 
 founded ; but the 43d of that sovereign introduces a principle of providing 
 work for all unemployed persons, which rendered its tendency quite 
 opposite to that of the Scottish act. The purport of the English statute 
 is expressed generally in the first clause, which empowers " churchwar- 
 dens and overseers of every parish (with the consent of two or more 
 justices of the peace), to take order for setting to work the children of 
 all such whose parents shall not be thought able to keep and maintain 
 them ; and also for setting to work all such persons, married or unmarried, 
 having no means to maintain them, and use no ordinary and daily mode 
 of life to get their living by ; and also to raise weekly, or otherwise (by 
 taxation of every inhabitant, &c.), a sufficient stock of flax, hemp, wool, 
 &c., to set the poor on work, and also competent sums of money for, and 
 towards the necessary relief of the lame, impotent, old, and blind, and 
 snch others among them, being poor and not able to work.''
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 15 
 
 sons and places of confinement, to contain the vagabonds 
 against whom the order of punishment contained in the act 
 was directed. The next statute relating to the poor ap- 
 points prisons to be erected, not only at the head burghs, ' 
 but also at all the principal towns and parish churches ; 
 it grants power to certain persons, to be appointed by the 
 sheriff in each parish, to hold courts, and summon an assize 
 for the trial and punishment of vagrants ; and, in the event 
 of their remissness, it authorises the infliction of pecuniary 
 penalties, and extends to persons to be appointed by the kirk- 
 sessions, the power of carrying into execution the provisions 
 of the act 1579 ; which power the next statute, 1597, 
 c. 272, transfers entirely to those bodies themselves, ' 
 an alteration in the management of the poor-laws, 
 which was attended with most beneficial effects. 
 
 By the same statute, the period during which the lieges 
 might compel the services of beggars' children, was extended 
 to their whole lifetime ; and in it there is the first mention 
 made of a plan, subsequently attempted to be carried into 
 effect, but fortunately without success, of employing beggars 
 in common works. 
 
 8. The kirk-sessions found, as their predecessors had done, 
 that it was impossible to attain the end proposed, while the peo- 
 ple continued in the same state of social and moral degradation ; 
 and the next act (1600, c. 19) complains that the sta- 
 tute 1579 has received "little or no effect or execution," ' 
 and declares, " that the strong and idle beggars, being 
 for the most part thieves, bairds, and counterfitte limmers, liv- 
 ing most insolently and ungodly, and without marriage, or bap- 
 tism of a great number of their children, are suffered to vaig 
 and wander throughout all the haill countrie, and the poore 
 and impotent persons are neglected, and no care had, and no 
 provision made, for their enterteinment and sustentation ; " 
 and attributing to the neglect of the persons to whom the exe- 
 cution of the acts of Parliament had been committed, what 
 was truly the consequence of the state of the country and 
 the condition of the people, it provides as a remedy, that 
 the presbyteries shall take cognizance of the kirk-sessions, and
 
 16 SUMMARY OF THK CHAP. I. 
 
 report to the king's ministers such as shall be negligent in the 
 charge committed to them, that his majesty may proceed 
 against them accordingly. Notwithstanding this, and the ad- 
 ditional assistance of the justices of peace, who, by 1617, 
 ' c. 8, art. vii., are instructed to put the acts of Parlia- 
 ment into due and full execution against vagabonds, 
 and to punish and fine their " receptors, and setters of houses 
 to them," the very next statute, 1617, c. 10, sets out 
 with narrating, that the " number of the saidis beggars 
 hath dailie increased more and more," and that the 
 evil arose from not educating the children of poor parents 
 in habits of industry, with a view to effect which, it models 
 into a more complete form the system of temporary slavery 
 introduced by the preceding acts. 
 
 9. A longer period than usual now elapses without any 
 additional enactment relative to the poor. It is not till the 
 year 1661, in the reign of Charles II., that they seem again 
 to have occupied the attention of our legislature. By a sta- 
 tute passed in that year, containing commission and 
 ' instructions to the justices of the peace, a power is 
 given to these magistrates which they have long 
 ceased to exercise, (if indeed they ever did so,) to make up 
 lists of the poor in each parish twice in the year to appoint 
 overseers to receive and distribute the collections and other 
 funds for their maintenance and generally to have the whole 
 management of the poor. 
 
 Although the system of management, by means of the jus- 
 tice of peace, directed by this act, has fallen into disuse, the 
 act itself is very important, as pointing out, more clearly than 
 perhaps any other, the understanding of the legislature as to 
 the class of persons who, under the statute 1579, were entitled 
 to parochial relief. These were stated to be all " poor, aged, 
 sick, lame, and impotent persons, who (of themselves) have 
 not to maintain them, nor are able to work for their living, 
 as also all orphans and other poor children, who are left desti- 
 tute of all help ; " and it is ordered, that into the list of the 
 poor " no persons be received who are in any way able to 
 gain their own living." These provisions were intended only
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 17 
 
 for the benefit of the regular poor. The act, c. 42, of 
 the same year, had for its object the employment of ' 
 vagabonds an object which it combined with a plan 
 for the encouragement of manufactures in the kingdom, by the 
 institution of those joint-stock companies which have become 
 so prevalent in the present day. It also embraced a third 
 class of poor; viz. idle or unemployed persons, who though 
 perhaps willing to work, were masterless and out of service. 
 These, though not amenable to the severe penalties against 
 vagabonds, were, nevertheless, by the statutes of this reign, 
 subjected along with them to the same harsh regulations which 
 were considered necessary to induce the proprietors of manu- 
 factories to afford them employment. 
 
 This act proceeds on the narrative, that "our Soveraign Lord, 
 considering that all the laudable acts made be His Majestie's 
 ancestors, &c., anent manufacturies, for enriching of His Majes- 
 tie's ancient kingdom, putting of poor children, idle persons, 
 and vagabonds, to work, for the maintenance and relief of the 
 country of the burden of such unprofitable persons, have been 
 hitherto rendered ineffectual ; and that many good spirits 
 having aimed at the public good, have, for want of sufficient 
 stocks, counsel and assistance, been crushed by such under- 
 takings ; do conceave it necessary to creat and erect com- 
 panies, and societies for manufacturies, that what was above 
 the capacity of single persons may be carried on by the joynt 
 assistance, counsel, and means of many." Privileges and 
 immunities are accordingly conferred on those persons who 
 should form societies for the introduction of manufactures ; 
 and the heritors of parishes are directed to appoint fit persons 
 for the instruction of poor children, vagabonds, and idle per- 
 sons, in the different kinds of work which might be required 
 in these establishments. 
 
 10. Having thus, as the legislature conceived, provided for 
 the immediate erection of manufactories all over the kingdom, 
 and for rendering the vagabonds, &c., fit to be employed in 
 them, the next step was to grant power to the manufacturing 
 societies to compel their services, and to afford these 
 bodies a sufficient inducement to do so. This was ' 
 
 C 1 
 
 the object of the Act 1663, c. 16, which sets out by 
 
 B
 
 18 SUMMARY OF THE CHAP. I. 
 
 declaring, " that His Majestic, considering that the chief cause 
 whereby the foresaids Acts have proven ineffectual, and that 
 vagabonds and idle persons do yet so much abound, hath been, 
 that there were few or no common works then erected in the 
 kingdom, who might take and employ the saids idle persons 
 in their service ; and that now, by His Mnjcstie's princely 
 care, common works, for manufactories of diverse sorts, are 
 setting up in this kingdom." Power is therefore given to 
 persons or societies having manufactories, to seize all vaga- 
 bonds and idle persons, and employ them as they shall see fit, 
 " the same being done with the advice of the respective ma- 
 gistrats of the place where they shall be seized upon." And 
 to induce the societies and manufacturers to employ these per- 
 sons, it was enacted that they should have right to their ser- 
 vice for eleven years without paying them any wages giving 
 them meat and clothes only ; and besides this, that they should 
 receive from the parish of the persons so employed by them, 
 two shillings Scots per day for each person, during the first 
 year after his apprehension, and one shilling per day, for the 
 next three years, when the allowance to be paid by the parish 
 was to cease. This money was directed to be raised by assess- 
 ment, to be laid on the parish by the heritors, who were them- 
 selves to pay one-half, the other half being leviable from the 
 " tenants and possessors ; " with power to the persons or so- 
 cieties employing the poor, in the event of the heritors failing 
 to tax themselves, to charge them by letters of horning for 
 payment of these allowances. By some inadvertency, this 
 act has by many been supposed to relate to the case of the 
 regular poor entitled tinder the former statutes to parochial 
 relief, and has been considered to be the authority for levying 
 assessments for their support ; while, in fact, it has reference 
 only to the case of vagabonds and idle persons employed by 
 manufacturers in their works, and the assessment here autho- 
 rised is solely for raising the allowances payable to these manu- 
 facturers, and afterwards transferred to the correction-houses. 1 
 
 1 1 am happy now to have it in my power to adduce in support of tlie 
 view I had taken of this statute, the authority of Lord President Hope, 
 who, in a case which occurred after the first edition was published 
 (Buchanan v. Parker, February 21, 1827, 5 S. & D. 390), observed as
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 19 
 
 It is true, that the plan of dividing the assessment into two 
 parts, the one to be levied from the heritors and the other 
 from the householders, was subsequently adopted, in reference 
 to the assessment for the support of the ordinary poor in land- 
 ward parishes, instead of the mode directed by the act 1579, 
 of levying it from the whole inhabitants in one class ; and 
 that the period of three years, as fixing the settlement of a 
 pauper, instead of seven, has also been borrowed from this act ; 
 but except in these particulars, adopted in subsequent enact- 
 ments, this statute may be considered as in total desuetude : 
 indeed, M'Kenzie expressly observes, that it never was carried 
 into execution. 1 The summary mode of seizing on vagabonds 
 and unemployed persons, and of compelling their gratuitous 
 service for a term of years, could never be tolerated in the 
 present day ; and the manufacturers were deprived of all right 
 to the parochial allowances, by the act which we come next to 
 consider. 
 
 11. This act (1672, c. 18), like all which had pre- 
 ceded it, complains of the inefiicacy of former enact- 
 ments, and professes to have at last found out the true 
 remedy for the evil, which is no other than the adoption of 
 the system of correction-houses, in which the vagabonds and 
 idle persons might be compelled to work. For carrying this 
 plan into effect, the statute ordained the magistrates of all the 
 burghs mentioned in the act, to build sufficient correction 
 houses within a certain period, " for receiving and entertain- 
 ing of the beggars, vagabounds, and idle persons within their 
 burghs, and such as shall be sent to them," from bounds allot- 
 ted to each burgh; and with v the intention of compelling obe- 
 dience on the part of the magistrates of burghs, it was pro- 
 follows : " The next act regarding the poor is 1663, c. 16, and I men- 
 tion it chiefly, because it appears to me to be greatly misunderstood and 
 misapplied. It is not applicable to the poor in general at all ; it ordains 
 all vagrant and idle poor, &c., to be apprehended by those authorised, 
 and forced to work by all kinds of punishment, life and torture excepted : 
 and for the encouragement of persons giving work to such, they are to 
 be allowed so much a-day ; not for the poor in general, but for the poor 
 ' so employed ; ' and it is only for this purpose that an assessment is 
 authorised by that act." 
 
 1 Observations, Charles II. Parl. I. sess. 3, act 16.
 
 20 SUMMARY OP THE CHAP. I. 
 
 vided that, in case they failed to have the correction-houses 
 ready at the specified time, they should incur the penalty of 
 five hundred merks quarterly, until the houses were built, 
 leviable by the Commissioners of Excise, to be by them appro- 
 priated to the building or buying of such houses. To enable 
 the burghs to maintain the vagabonds, &c., who should be 
 sent to their correction-houses, the allowances granted by the 
 preceding act (1663, c. 16), to the societies and manufacturers 
 employing the poor, were transferred to the burghs for the use 
 of the correction-houses, the masters of which were vested 
 with the same power as these societies had possessed, of com- 
 pelling, for the period of eleven years, the gratuitous labour 
 of all persons sent to the correction-house, and, with the same 
 authority, to enforce discipline and order, by keeping them 
 constantly within the walls of the building, and using " all 
 manner of severity and correction, by wheeping or otherwayes, 
 (excepting torture.) " l Notwithstanding the penalties to which 
 the burghs were subjected, in the event of non-compliance 
 with the provisions of this statute, they appear to have evaded 
 performance so completely, that there does not exist in Scot- 
 land a single correction-house applied to the purposes set forth 
 in the act. To whatever cause this may be attributed, it is 
 a most fortunate result for the country, which has thereby 
 escaped from an intolerable burden, that could only have 
 tended to increase the evil it was meant to remedy. The 
 correction-houses not having been built, the allowances, of 
 course, never were levied, and so far the statute has fallen into 
 general disuse ; and it would seem that no attempt could now 
 be made to carry it into execution. 
 
 12. One part of the act, however, has reference to the im- 
 potent poor ; and, so far as it relates to them, its provisions are 
 still in observance. 
 
 In order to ascertain who were to be sent to the correction- 
 
 1 By 7 James I. c. 4, it was enacted, that there should be provided in 
 every county in England and Wales, " one or more fit and convenient 
 house or houses of correction, with mills, cards, turns, and sucli like 
 necessary implements, to set the said rogues, or such other idle persons, 
 on work ; " with power to the governor " to punish the said rogues, idle and 
 disorderly persons, by putting fetters and gyves on them, and by mode- 
 rate whipping of them."
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 21 
 
 houses, and who were to be maintained by parochial contri- 
 butions, the Act directs the kirk-session, along with the heri- 
 tors, who are here for the first time entrusted with a voice in 
 the management, to make up lists of the poor, and inquire " if 
 they be able or unable to work, by reason of age, infirmity, 
 or disease ; " " and to condescend upon such as, through age 
 and infirmity, are not able to work, and appoint them places 
 where to abide, that they may be supplied by the contributions 
 at the parish kirks;" and to all such that "are of age and 
 capacity to work," to send them to the correction-houses, pro- 
 vided none of the inhabitants will accept of them, in terms of 
 the act 1617, c. 10. 
 
 It would seem, from this act, that the practice of levying 
 assessments for the support of the impotent poor, authorised 
 by 1579, c. 74, had not been brought into general use, as it 
 is declared, that if the contributions at the parish churches 
 were not sufficient to maintain them, they should be furnished 
 with a badge or ticket to ask alms within their own parishes, 
 thus substituting the old privilege of begging for that of sup- 
 port by means of assessment. 
 
 13. The three latest Scottish statutes relative to the 1595, 
 poor, viz. the acts 1695, c. 43, 1696, c. 29, and 1698, c. 43. 
 c. 21, merely contain directions for carrying the former 1696, 
 acts (which are thereby ratified) into more rigorous c. 29. 
 execution, grant power for that purpose to the Privy 1698, 
 Council, and ratify their proclamations. c - 21 - 
 
 14. These proclamations of the Privy Council were issued 
 in consequence of the distress occasioned by a succession of 
 bad harvests for several years, thence called the " seven ill 
 years ; " and although certainly forming part of our law rela- 
 tive to the poor, they cannot be considered as having super- 
 seded or repealed the prior acts of Parliament, the provisions 
 of which they were avowedly intended to enforce. 1 
 
 1 In the case of Buchanan v. Parker (February 21, 1827, F. C., and 
 5 S. & D. 390), it was observed by Lord Corehouse, that our Poor-Laws 
 rest entirely on the proclamations of the privy council alone, and that 
 these proclamations have superseded the several acts of Parliament 
 relative to this matter. As, however, the judgment of the Court in the 
 case of Buchanan and Parker, in which this observation was made, con-
 
 22 8UMMA.KY OF THE C11A1'. I. 
 
 The first proclamation directs the heritors and kirk- 
 
 ' sessions of landward parishes to assess themselves 
 
 for the support of the poor, introducing a distinction 
 
 between heritors and the rest of the inhabitanss, or house- 
 
 tained no finding to this effect, and did not necessarily proceed on that 
 opinion, and as the Judges who concurred with Lord Corehouse in tho 
 general result at which he arrived, did not state that they likewise con- 
 curred in his Lordship's view of this particular point, I do not think 
 myself warranted to adopt a doctrine which I conceive to be opposed by 
 almost all preceding authorities, and which would sweep away entirely 
 the foundation of a great part of what I have ventured, in the course of 
 this Treatise, to state as the law of Scotland relative to the poor ; but as 
 great doubts must necessarily be entertained of the correctness of the 
 doctrine laid down in the text, in consequence of the opinion expressed 
 by so eminent a lawyer and judge, without dissent at least on the part of 
 the majority of the whole Court, I think it right to state the grounds on 
 which I retain it as there stated. These are as follow : 
 
 1. When the proclamations of the privy council were issued, they were 
 (with the exception, perhaps, of the last, which is of little importance) 
 unsanctioned by the authority of Parliament, and depended entirely for 
 effect on the powers of the privy council. In construing them, therefore, 
 it seems impossible to hold that they could have been intended, when 
 issued, to supersede or repeal previous acts of the legislature. 
 
 2. The proclamations expressly bear, that their object was to enforce 
 the existing laws. Thus, the first proclamation (llth August 1692) sets 
 forth, " "Whereas several good laws have been made by our royal pre- 
 decessors, for maintaining the poor, and relieving the lieges of the burden 
 of vagabonds; in prosecution whereof, we hereby require," &c. The 
 second (29th August 1693) is merely to supply an omission in the first ; 
 and that of 31st July 1694, proceeds on this narrative : " Forasmuch as 
 many good laws have been made by our royal predecessors for maintain- 
 ing the poor, and relieving the lieges from vagabonds; in prosecution 
 whereof, several proclamations have been emitted by our privy council, 
 for the better putting tfie said laws in execution / notwithstanding whereof, 
 
 due obedience hath not hitherto been given to the same, so that the poor 
 are not duly provided for, nor the vagabonds restrained in many places : 
 Therefore," it proceeds, " we hereby require and command the ministers, 
 heritors, and elders of every parish, and householders and inhabitants 
 within the same respective, to follow forth, and give ready obedience to 
 the acts of Parliament and proclamations of our privy council already 
 made : And further, we, with the advice aforesaid, require and command 
 the sheriffs of the several shires, and then- deputies, justices of the peace, 
 and magistrates of the royal burghs of this kingdom, within their several 
 jurisdictions, to take trial how far, and in what manner, the said acts of
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 23 
 
 holders, as the proclamation styles them, in the imposition of 
 the assessment, which is divided into halves, the one to be 
 
 Parliament and proclamations of council have been obeyed and put into 
 execution conform to the tenors thereof; and where any have been 
 neglected, or been deficient and wanting in what is required of them by 
 the said acts and proclamations, to amerciate and fine them therefor, in 
 the manner specified." 
 
 3. The acts of Parliament 1695, c. 43, 1696, c. 29, and 1698, c. 21 
 (which last statute alone gives the authority of permanent laws to the 
 proclamations of the privy council), while they ratify these proclamations, 
 do, at the same time, expressly " ratify, renew, approve and revive " the 
 several Acts of Parliament relative to the poor, and in particular the 
 said 1579, c. 74. And although the statute 1698, c. 21, gives power to 
 the privy council to make such acts and constitutions as should be thought 
 necessary, it contains the qualification, that they be " not inconsistent 
 with the standing laws." 
 
 4. Where the proclamations and the acts of Parliament are directly 
 at variance, the practice of the country and our courts have hitherto 
 followed the provisions of the latter, and disregarded the former ; as for 
 instance, in regard to residence being taken as the criterion for determin- 
 ing a pauper's settlement, in preference to the birth, and three years' 
 residence instead of seven, contrary in both cases to the express terms of 
 the proclamations llth August 1692, and 29th August 1693. See in 
 particular, as to this, the case of the Overseers of Dunse v. the Parish of 
 Edrom, June 5, 1745 (M. 10553), where Kilkerran, who reports the 
 case, states the ground of the decision of the Court as follows : " But as 
 the acts 1698 and 1695 ratified the foresaid act of Charles II. (1672, 
 c. 18), as well as the said proclamation 1693, which therefore could not be 
 thought to have been intended by the legislature to be ratified further than 
 was consistent with the statute; as neither, indeed, could it be supposed 
 that the privy council meant by their proclamation to repeal an act of 
 Parliament, notwithstanding the loose terms of the proclamation, and 
 general terms of the act of Parliament ratifying it, the Lords found," &c. 
 
 5. In all the cases which have occurred relative to the poor, prior to 
 that of Buchanan v. Parker, the parties have uniformly argued their 
 causes, and the Judges have decided them, on the assumption that the 
 acts of Parliament were not superseded by the proclamations of the 
 privy council, but formed the foundation of our Poor-Laws ; and so 
 lately as in the case of Cochrane v. Manson, Feb. 11, 1823 (2 S. & D. 
 201), it is stated, that the Court " were unanimously of opinion that the 
 act 1579, c. 74, was not in desuetude." 
 
 6. The only two of our institutional writers who advert to the subject 
 of our Poor-Laws, while they refer to the leading acts of Parliament, do 
 not even allude to the existence of the proclamations of the privy council. 
 Erskine, 1, 7, 63 ; Bankton, 1, 2, 60.
 
 24 SUMMARY OF THE < HAP. I. 
 
 laid on tho former, and the other on the latter. It directs 
 the heritors to put the poor to work ; makes provision for the 
 transmission of Beggars to their own parishes ; imposes fines 
 on persons giving alms to beggars beyond their parish, or re- 
 fusing to pay their quota to the support of the regular poor ; 
 and finally, ordains correction-houses to be immediately built 
 by the greater burghs, to serve until the lesser burghs be able 
 to erect theirs. 1 
 
 15. The second proclamation renews the directions as to 
 
 beggars repairing to their own parishes under pain of 
 u f ' ' being imprisoned as vagabonds, and fed on bread and 
 
 water for a month ; appoints the magistrates in burghs, 
 and the heritors in vacant parishes, to lay on assessments for 
 the support of the poor ; and ordains the kirk-sessions to give 
 one-half of the collections for the purpose. 
 
 16. By the third proclamation, power is given to the sheriffs, 
 
 justices of peace, and magistrates of burghs, to impose 
 
 '^. ' fines on all persons not obeying and carrying into 
 
 execution the several acts and proclamations relative 
 
 Having ventured to state the above as the principal reasous which 
 prevent me from adopting the opinion of Lord Corehouse, I think it 
 important also to add, that his Lordship delivered that opinion without 
 the benefit of previous discussion from the bar his Lordship's views 
 being so entirely new to the profession, that they had not been stated, or 
 even alluded to, by any of the able and learned counsel engaged in the 
 cause. 
 
 In a case decided since the publication of the above in a former edition 
 (Duchess of Roxbnrghe, &c., v. Magistrates of Dunbar, July 4, 1833, 
 1 1 S. D. B. 879), this matter is thus mentioned by Lord Justice-Clerk 
 Boyle" This is the clear provision of the act 1579 ; and here I must 
 remark, that I cannot join in an obiter opinion, which is said to have 
 been expressed by Lord Corehonse at the advising of the case of Parker, 
 viz. that all these statutes had been done away with, and that we are to 
 look for the law to the proclamations alone. I can find no trace of 
 authority for such an opinion. On the contrary, are we not in the prac- 
 tice every day of entertaining declarators, in which it is implied that the 
 act 1579 is still in observance? We might just as well put the four 
 proclamations in the fire as the act 1579. It Is mentioned in the pro- 
 clamations, and recited in the statute of 1698 ; and it is the very origin 
 and basis of our system of Poor-Laws." 
 
 1 The proclamations will be found in the Appendix.
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 25 
 
 to the poor ; and a committee of the Privy Council is appointed 
 to take cognisance of the diligence of the sheriffs. 
 
 17. The last of these proclamations, besides giving a gene- 
 ral power to the heritors and kirk-sessions to deter- 
 mine all questions " in relation to the ordering and ' 
 disposing of the poor," makes an expiring effort to 
 compel the burghs to build correction-houses, by imposing 
 on them, besides the pecuniary penalties inflicted by former 
 Acts and proclamations, the burden of maintaining all the 
 poor who might be sent to them, until such houses should be 
 erected. 
 
 18. These proclamations, with their statutory ratification, 
 by act 1698, c. 21, complete the enactments of the Scottish 
 legislature relative to the poor, the provisions of which may 
 be divided into two distinct classes ; the one having reference 
 to the support of the aged and impotent poor, the other relat- 
 ing to the employment of vagabonds and idle persons. The 
 former confer a right on the poor, for whose behoof they were 
 made; the latter impose a punishment -on those for whose 
 suppression they were intended. The latter class have, hap- 
 pily, never been carried into execution, and probably could 
 not now be enforced. Indeed, except as to some lesser penal- 
 ties against vagabonds which have been kept up in prac- 
 tice, these statutes may be considered as in total desuetude. 
 The system for support of the impotent poor, established by 
 the other class of statutes, remained unchanged till the pass- 
 ing of the recent act " for the amendment and bet- 
 ter administration of the laws relating to the relief 
 
 of the poor in Scotland." For some years prior to 
 its date, the state of the poor, and the administration of the 
 laws regarding them, had excited considerable interest. Much 
 inquiry was made as to the practical working of the system, 
 and in particular, the General Assembly in 1839, at the 
 request of the Secretary of State, instituted an investigation 
 by means of a committee, whose report, containing a full and 
 minute account of the details connected with the manage- 
 ment of the poor, including the number of paupers of different 
 classes the funds for their relief the distribution of these 
 funds the expense of management, &c., was laid before Par-
 
 26 SUMMARY OF THE CHAP. I. 
 
 liament by the Queen, and was by it ordered to be printed in 
 a form suited for general circulation. A private association 
 also, published a statement of the fruit of their inquiries, and 
 much discussion in consequence arose on the subject. The 
 result was a general impression of the existence of very pre- 
 valent neglect, on the part of those intrusted with the admi- 
 nistration of the laws, in putting them in execution at all, 
 and the inadequacy of the relief afforded even in those parts 
 of the country where the law was in actual operation. In 
 the year 1843, a Royal Commission was issued, for inquiring 
 "into the practical operation of the laws which provide for 
 the relief of the poor in Scotland ; and whether any and what 
 alterations, amendments, or improvements, may be benefi- 
 cially made in the said laws, or in the manner of administer- 
 ing them, and how the same may be best carried into effect." 
 Under this commission a great deal of evidence on the subject 
 was taken ; and about the same time with the issuing of the 
 commission it was finally decided that the Court of Session 
 had jurisdiction to review the decisions of the heritors and 
 kirk-sessions, as to the adequacy and amount of the relief 
 awarded by them to paupers. This excited considerable appre- 
 hension on the part of many of the existing administrators, 
 and of the parties liable for the maintenance of the poor, lead- 
 ing them also to concur. in seeking an alteration in the law ; 
 and the result was the introduction into Parliament, in the 
 session of 1845, of a bill which was passed into the act above 
 mentioned. 
 
 The main provisions of this statute are, 1st, The establish- 
 ment of a central Board of Supervision, with full powers of 
 inquiry, and certain limited powers of control and oversight. 
 2d, The institution in all parishes in which an assessment 
 shall have been resorted to, of a new parochial board of admi- 
 nistration, in place of the heritors and kirk-sessions, consisting 
 of the proprietors of heritable property in the parish of above 
 L.20 of yearly value, together with certain members elected 
 by the other rate-payers, and delegates from the kirk-session ; 
 and 3d, The exclusion of all right of action before the Court 
 of Session or elsewhere, by any pauper complaining of the 
 inadequacy of the allowance to him, unless the Board of Super-
 
 CHAP. I. STATUTES AND PROCLAMATIONS. 27 
 
 vision " shall previously have declared that there is a just 
 cause of action " on the part of the pauper. The act further 
 contains some important variations on the existing law, such 
 as, the extension of the period necessary to acquire a settle- 
 ment by residence, from three years to five the provision for 
 a union of parishes the right given to destitute persons to 
 claim relief from the parish in which they become destitute, 
 though not that of settlement and certain new provisions of 
 detail, which will be noticed under their proper heads. The 
 general features, however, of the old system are left unchanged.
 
 28 
 
 CHAPTER II. 
 
 OF PERSONS ENTITLED TO RELIEF. 
 
 19. THERE are three classes of poor acknowledged in our 
 law, each of which has been the object of legislative enact- 
 ment. 
 
 1st, Those who are entitled to parochial relief. 
 
 2d, Vagabonds and strong beggars, " being personnes abill 
 in bodie, living idle, and fleeing labour ;" l and, 
 
 3d, Unemployed persons, " who being masterless and out 
 of service, have not wherewith to maintain themselves by their 
 own means and work." 2 
 
 The first class will form the subject of the present, the last 
 two of subsequent chapters. See infra, Chaps. VI. and VII. 
 
 20. Under the descriptions, in the different acts of Parlia- 
 ment, of those persons who are entitled to parochial relief 
 (supra, 6, 9, 12), are included generally all poor persons (pos- 
 sessed of a settlement in Scotland, to be afterwards considered), 
 who, by reason of the infirmity of age, or immaturity of years 
 by reason of physical or mental imbecility or disease, are 
 incapable of earning subsistence by labour. Thus are entitled 
 to relief, 
 
 21. (1.) Poor persons, of seventy years or upwards, 3 or 
 under that age, if so infirm as to be unable to gain a livelihood 
 by their work. 4 
 
 22. (2.) Orphans and destitute children under fourteen years 
 of age, and those illegitimate as well as lawful. 5 But chil- 
 
 1 1579, c. 74 1663, c. 16. 
 
 8 1424, c. 25 and 42. 1579, c. 74. * 1661, c. 38. 1672, c. 18. 
 
 * 1424, c. 25 and 42. 1579, c. 74. 1661, c. 38. 1672, c. 18.
 
 CHAP. II. OP PERSONS ENTITLED TO BELIEF. 29 
 
 dren living with parents who are not proper objects of relief, 
 have no claim to be supported independent of them. 1 As to 
 the case of children born in Scotland of parents having no 
 settlement, and children exposed see infra, 64, 87-9. 
 
 23. (3.) All who, from permanent bodily disease and debi- 
 lity, are unable to work, are proper objects of parochial relief, 
 as " cruiked folk, seik folk, impotent folk, and weak folk." 2 
 It is not necessary, to entitle such persons to relief, that they 
 should be totally incapable of performing any work whatever ; 
 it is sufficient that they be unable to work so as to gain a live- 
 lihood, and that they " must of necessity be sustained by 
 almes." 3 If such persons, however, refuse to work in so far as 
 they are able, or if they persist in the practice of common 
 begging, without licence, or beyond the bounds of the parish, 
 they can have no claim for parochial support, but are liable to 
 be treated as vagabonds while they so conduct themselves. 4 
 
 No person is entitled to permanent relief who is able to work 
 so as to gain a livelihood. 5 As to whether they are entitled to 
 temporary relief' see infra, 28, et seq. 
 
 24. Under this class of persons who are physically disabled 
 from obtaining a livelihood by their work, are included desti- 
 tute widows and deserted wives with children, as being disabled 
 by the natural weakness of their frame from supporting a 
 family. 6 
 
 It may be doubted how far a woman of ordinary strength 
 should, in general, be considered entitled to relief, on account 
 of being burdened with one or two children ; assuredly, if the 
 situation of the children be such as to give her a reasonable 
 prospect of supporting herself and them by her own exertions, 
 the parochial board are entitled to exercise their discretion in 
 refusing relief, either partially or totally, as the circumstances 
 
 1 Thomson v. Lindsay, Feb. 27, 1849 (11 S. K. 2d Ser. 719) ; affd. 
 March 26, 1852, 1 Stair, Art. 668. 
 
 2 1503, c. 70. 1579, c. 74. 1661, c. 38. 1672, c. 18. 
 
 3 Ibid. 
 
 4 1579, c. 74. 1661, c. 38. 
 
 5 1579, c. 74. 1661, c. 38. 1672, c. 18 ; 1 Bank. 2, 60 ; 1 Ersk. 7, 
 63. M'Cowan, May 20, 1809 (F. C.) 
 
 8 Hay v. Doonan, June 25, 1851 (13 S. R. 2d Ser. 1223).
 
 30 OP PERSONS ENTITLED TO RELII.I . (HAP. II. 
 
 of the case may seem to warrant. 1 The onus, however, of 
 establishing that the mother is able to support her child, lies on 
 the parish. 2 
 
 It has become customary for mothers of bastard children to 
 demand not only aliment from the birth of the child, although 
 the application for relief has not been made for some time 
 afterwards, but in-lying expenses also. There seerns to bo no 
 authority in any of the Acts of Parliament for either of these 
 demands; and in one case it was expressly found, even in 
 reference to a legitimate child, that aliment was due only from 
 the date of the application for relief ; that advances by rela- 
 tions prior to that period must be held to have been made ex 
 pietate, and that for these they had no claim to be reimbursed. 3 
 But the Court have since found a parish liable from the birth 
 of the child, although there was no proof of any application 
 for relief having been made until two years thereafter ; and 
 even although the relations of the mother, who had assisted 
 her in supporting the child, were not claiming reimbursement, 
 and were not parties to the process. 4 In a former case, too, 
 they admitted the mother's claim for in-lying expenses. 6 
 
 More recently, too, the father of a bastard child's mother 
 was found entitled to recover from the parish an allowance for 
 its support, though the child's father had offered to take it and 
 maintain it, in respect that the mother had the right of cus- 
 tody. 6 But in a subsequent case the Court found a bastard 
 child's grandmother only entitled to relief for the child, under 
 deduction of such fair proportion as might have been contri- 
 buted by the mother (who was occasionally employed) while 
 earning wages. 7 
 
 1 Robert, Feb. 5, 1825 (3 S. R. 1st Ser. 500). The Court refused to 
 interfere with the amount granted by the kirk-session (5s. per month), 
 and found that the parish was not bound to award an aliment for any 
 definite period, as till the child attained a certain age. 
 
 Mackay, July 20, 1853 (15 S. R. 2d Ser. 971). 
 
 * Howie, January 25, 1800 (Mor. App. Poor, 1). 
 
 * Robert, ut supra. See also Lnmsden, July 18, 1846 (7 S. R. 2d Ser. 
 1251). 
 
 * Murray v. Craik, 1817. (Not rep.) 
 
 9 Weepers, June 20, 1844 (6 S. R. 2d Ser. 1166). 
 
 * Lumsden, July 18, 1846 (8 S. R. 2d Ser. 1251).
 
 CHAP. II. OF PERSONS ENTITLED TO RELIEF. 31 
 
 25. (4.) Idiots and persons insane, are also entitled to be 
 supported. Where a lunatic person had been tried as a cri- 
 minal before the Court of Justiciary, and found to have com- 
 mitted the crime charged while in a- state of insanity, and 
 had been confined by order of the Court, it was, in the first 
 case which occurred, decided by the Court of Session that it 
 was the Crown, and neither the parish of his settlement, nor 
 that where the crime was committed, which was bound to 
 aliment him during his confinement. 1 This judgment was 
 reversed by the House of Lords on appeal, but without deter- 
 mining which of the other parties was liable in the burden. 2 
 In a subsequent case, the Court found that the parish of the 
 lunatic's settlement is, in such circumstances, ultimately liable, 
 and that until the place of settlement be ascertained, the 
 parish in which the lunatic pauper has been apprehended, must 
 bear the burden, with a right of relief against the parish of 
 settlement, when discovered. 3 The same rule had previously 
 been applied by the Court to the case of a pauper who had been 
 confined by an inferior magistrate, merely as a matter of pre- 
 caution, no crime being charged against him. 4 
 
 By the 4 and 5 Victoria, c. 60 ( 5), where a dangerous 
 lunatic is sent to an asylum by warrant of the Sheriff, the 
 Procurator Fiscal is entitled to recover the expense of his 
 maintenance there, either from the parish of his settlement or 
 from the parish which would be liable ad interim to support 
 the lunatic, if a pauper. 
 
 By the 8 and 9 Victoria, c. 83 ( 59), insane and fatuous 
 persons must be lodged in a lunatic asylum, unless by consent 
 of the board of supervision; who may, in special circumstances, 
 dispense with the removal of such paupers to an asylum. 
 
 26. Foreigners who have acquired a settlement in this 
 country, and who are otherwise proper objects of parochial 
 relief under any of the above classes, are equally entitled to 
 
 1 Commissioners of Supply of Wigtonshire, Feb. 21, 1823 (2 S. R. 1st 
 Ser. 236), and June 5, 1827 (5 S. E. 1st Ser. 676). 
 
 2 Officers of State v. Commissioners of Supply of Wigtonshire, March 
 10, 1830 (4 W. & S. 43). 
 
 8 H. and K. S. of Kilmorich, July 10, 1839 (1 S. R. 2d Ser. 1231). 
 4 Scott, Nov. 13, 1818 (F. C.)
 
 .'I'-' OP PERSON'S ENTITLED TO RELIEF. CHAP. II. 
 
 demand support from the parish of their settlement with natu- 
 ral-born Scotchmen. 1 
 
 27. It seems 'doubtful whether, apart from any inference 
 to be drawn from a provision in the late statute, persons who 
 in general are able to support themselves could have been 
 held entitled, ex lege, to relief during periods of temporary 
 sickness or bodily injury. 
 
 By the proclamation of the Privy Council, 29th August 
 1693, it is declared, that the kirk-sessions shall deliver over 
 to the heritors one-half of the collections at the church-doors, 
 for the support of the regular poor ; and it was probably 
 intended that the other half should be appropriated to the 
 relief of those temporary objects of charity who are not entitled 
 to a place on the permanent roll. It did not, however, render 
 it imperative on the session to relieve such occasional poor, 
 nor confer any right on such objects of charity. Nor could 
 any part of the funds raised by assessment have been appro- 
 priated to their aid, as it would be contrary to all sound 
 principle to extend a tax on the subject, which an assessment 
 truly is, beyond the bounds for which it was granted by the 
 legislature. There is, doubtless, in one of the acts of the 
 Scottish Parliament relative to the poor, an expression, which 
 perhaps might seem to countenance the doctrine that persons 
 were under them entitled to relief during merely temporary 
 sickness or disability to work. This occurs in the statute 
 1661, c. 38, where "sick" persons are mentioned among the 
 poor entitled to parochial relief; but, from the whole scope 
 of the passage, it would rather seem that the legislature only 
 meant those who, by reason of permanent ailment, were inca- 
 pacitated from following any trade or train of employment 
 whereby they might gain a livelihood. The act directs exa- 
 mination to be made " of all poor, aged, sick, lame, and impo- 
 tent inhabitants, &c., who (of themselves) have not to maintain 
 them, nor are able to work for their living;" "and to 
 enrol all such persons, and to provide them a convenient 
 house for their dwelling, either apart or together, as they shall 
 judge requisite." Now the expression, persons " not able 
 
 1 Higgins, July 9, 1884 (3 S. R. 1st Ser. 239).
 
 CHAP. II. OP PERSONS ENTITLED TO RELIEF. 33 
 
 to work for their living," applies to those who are disabled 
 from making a livelihood, rather than to those whose employ- 
 ment is merely temporarily suspended ; and if the latter class 
 of persons were meant, they would not probably have been 
 directed to be placed in the poor's houses along with the per- 
 manently disabled. 
 
 The general tenor of our Scottish statutes, therefore, applies 
 solely to those who are permanently disabled ; and although, 
 in many parishes, it was the practice to afford relief to per- 
 sons labouring under temporary sickness, there seems to 
 be no authority for considering that this was imperative on 
 them. 1 In the recent statute, however, it is ( 68) enacted, 
 
 1 Mr Monypenny, in his valuable treatise formerly mentioned, has the 
 following observations on this subject (p. 32) : u The great and import- 
 ant benefits which may be done to those of the lower orders, who are on 
 the very border of pauperism, by affording them well-timed assistance 
 from the parish, are so obvious that this measure has become very gene- 
 rally resorted to, and is extended to a vast number of cases. It is 
 believed the number of occasional do not fall short of the number of 
 regular or ordinary poor In the supplementary report of the General 
 Assembly (1820), the total number of poor in Scotland is stated at 
 44,113. But it is remarked by Dr Chalmers, in his evidence before the 
 Committee of the House of Commons on the state of the poor in Ireland, 
 that this number includes the occasional poor, and that of the total num- 
 ber at least one-half do not receive ten shillings each in the year. 
 
 " Although the wisdom, utility, and humanity of this method of afford- 
 ing temporary assistance to those who have been denominated occasional 
 poor, are undisputed ; yet it is necessary, for the sake of accuracy in 
 explaining the Scottish system of poor-laws, to attend to the origin of 
 the custom, and to the grounds in law on which it is established. 
 
 " There is no foundation for this practice in those acts of Parliament 
 which authorise an assessment to be imposed. And hence it is, as has 
 been observed, that the occasional poor cannot insist on being supplied 
 by these compulsory means. A measure of this description, which is of 
 the nature of a tax on the lieges, must not be resorted to without the 
 authority of Parliament : and the statutory assessment, as already 
 remarked, is confined to the case of the enrolled poor, whose wants are 
 of a permanent description. 
 
 " It follows, then, that the occasional or industrious poor can only be 
 supplied out of the collections made at the churches, or other parochial 
 funds voluntarily contributed. And it equally follows, that this class of 
 poor can have no legal claim which may be forced by a process at law ; 
 but that they depend entirely on the arbitrement of those who distribute 
 
 c
 
 34 OP PERSONS ENTITLED TO RELIEF. CHAP. II. 
 
 that " 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 ; " and this provision seems not 
 only to make it lawful, but to render it imperative to relieve, 
 out of the assessment, those poor who are only temporarily 
 incapacitated from supporting themselves. 
 
 28. It is a still more important question, and one which till 
 lately was attended with great doubt, whether able-bodied 
 men, who in general support themselves by their labour, are 
 entitled to parochial relief when reduced to temporary want, 
 in consequence of a season of dearth, stagnation of trade, or 
 the like calamity. 
 
 the collections and other parochial funds. In the exercise of these powers, 
 the managers must be guided by a sound discretion, keeping in view the 
 amount of funds at their disposal, as well as the wants of the applicants, 
 and must either grant or refuse relief, according as a due consideration of 
 the circumstances now referred to may suggest. 
 
 " This practice of extending parochial aid in certain cases to the occa- 
 sional poor, depends on usage. But the usage may be said to be recog- 
 nised by statutory authority, though it did not originaly flow from it ; 
 and the measure and extent of the practice appears in some degree to be 
 regulated by the proclamation of the Privy Council and acts of Parlia- 
 ment confirming it, which have been referred to. The proclamation of 
 29th August 1693, which was afterwards ratified by statute, contains this 
 provision : ' And further, for preventing of any question that may arise 
 betwixt the heritors and kirk-sessions in the several parishes of this king- 
 dom, and about the quota of collections at the church-doors and other- 
 wise, to be made by the said session, to be paid into the heritors for the 
 end foresaid, we do hereby, with advice foresaid, determine the same to 
 be half of the said collections, and ordain the said kirk-session to pay in 
 the same, from time to time, to the said heritors, or any to be by them 
 appointed accordingly.' 
 
 " It may be conjectured, from the terms of this proclamation, that 
 disputes had arisen, or were apprehended, between heritors and kirk- 
 sessions, with regard to the disposal of the church collections. But 
 whether this may have been the case or not, it has been supposed that 
 the power thus given to kirk-sessions, to retain one-half of the church 
 collections, was a recognition by the Privy Council and by Parliament of 
 the practice of assisting, out of these funds, the occasional poor. At the 
 same time, it has uniformly been held, and was so decided in the well- 
 known case of the parish of Hnmbie, that the kirk- session is equally 
 accountable to the heritors for their administration of this, as of any 
 other part of the parochial funds."
 
 CHAP. II. OP PERSONS ENTITLED TO RELIEF. 35 
 
 29. This question was first raised in the beginning of the 
 present century, on the occasion of a dearth, resulting from the 
 failure of two successive crops ; and the Court then, though 
 by a very narrow majority, and contrary to the opinion of 
 several able judges, sustained an assessment for the relief of a 
 number of able-bodied labourers, who in ordinary times sup- 
 ported themselves, but were reduced to want by that calamity. 1 
 Great doubts, however, of the soundness of this decision were 
 subsequently expressed by lawyers ; and in former editions, 
 after recapitulating the arguments on both sides of the ques- 
 tion, I ventured to express an expectation that, " should a 
 similar case now occur, it is probable that the Court will return 
 to the principles of the acts of Parliament (sanctioned as they 
 are by our institutional writers), which profess only to remedy 
 a permanent evil, and leave those who are suffering under 
 merely temporary distress, to the care of tliat private and 
 voluntary charity, which, in subsequent seasons of much greater 
 privation and misery than those which gave rise to the case 
 above cited, has been found sufficient to supply the wants of 
 thousands, who, for a considerable period, were dependent 
 solely on the benevolence of their fellow-creatures." 2 
 
 30. The recent statute did not settle the question, though 
 it added some weight to the arguments against the validity of 
 the claim for the able-bodied poor, by a proviso (sect. 68), " that 
 nothing herein contained shall be held to confer a right to 
 demand relief on able-bodied persons out of employment." 
 The point was, however, shortly after the passing of the act, 
 most deliberately tried in two cases from Glasgow, arising out 
 of the great destitution in 1847-8. The Sheriff awarded the 
 
 1 Pollock v. Darling, Jan. 17, 1804 (M. 10591). 
 
 2 To the same effect Mr Monypenny thus expresses himself : " In 
 these circumstances, great doubts may reasonably be entertained whether 
 this judgment would now be repeated if a similar case should occur, and 
 it may be permitted to question, with due deference, the authority of this 
 decision to establish the general doctrine which would so materially affect 
 and alter the character of the Scottish system of Poor-Laws." MONY- 
 PENNY on the Poor-Laws, p. 32. In the former editions of the present 
 treatise will be found a statement of the arguments, and a note of a 
 valuable opinion of Lord President Campbell in the case of Pollock v. 
 Darling.
 
 36 OF PERSONS ENTITLED TO RELIEF. CHAP. II. 
 
 relief demanded ; but the Court, by a large majority of the 
 whole judges, altered his judgment, and dismissed the original 
 applications, one -of which was by an able-bodied man for him- 
 self, and the other by a father for behoof of his children. 1 
 
 The judgment of the Court has been affirmed on appeal, 
 thus setting this most important and much disputed question 
 at rest. 2 
 
 31. To entitle any of the different classes of persons already 
 enumerated to parochial relief, it is of course essential that 
 they be destitute of funds of their own. Even where an indi- 
 vidual is not in actual possession of property, if he have a 
 vested interest which can be disposed of so as to realise any 
 funds, he can have no claim for relief. 3 But if the parish grant 
 him relief without taking a disposition to his property, they 
 cannot have recourse on it after his death, unless perhaps in 
 the case of an idiot, who cannot grant a conveyance. 4 There 
 are, however, cases where partial relief may be demanded, 
 although the applicant have some means of his own as where 
 he is possessed of some pittance, but totally inadequate to his 
 support, in the shape of annuity from a private charitable 
 association, or the like. 5 Such annuities cannot be disposed of 
 so as to realise any available property ; and if they could, it 
 would be equally imprudent and unjust to compel the pauper 
 to part with them. Persons possessed of such inadequate pro- 
 visions are in a condition similar to those who, although unable 
 to labour sufficiently for their complete support, are yet " not 
 sa diseased, lamed, or impotent, hot that they may work in 
 some manner of work." They must, however, be persons so 
 destitute, and so disabled from working, that they " mon of 
 necessitie be sustained by almes." 6 In the case, also, of an 
 
 1 Adams v. M'William, and Thomson v. Lindsay, Feb. 27, 1849 
 (11 S. R. 2d Sen 719). 
 
 ' March 26, 1852 (1 Stuart, 668). 
 
 8 Maidment, May 25, 1815 (F. C.), as reversed in House of Lords, 
 May 27, 1818 (6 Dow, 257). This related to a claim of aliment against 
 a mother, and a fortiori must apply to the case of a claim against a 
 parish. 
 
 * M'Lachlan v. Kirk-Session of Stevenston, Jan. 25, 1828 (S. R. 1st 
 Ser. 443). 
 
 Ibid. 1579, c. 74.
 
 CHAP. II. OF PERSONS ENTITLED TO RELIEF. 37 
 
 idiot possessed of some little property, it would seem that the 
 parish are bound to support him, and, on the other hand, are 
 entitled to use for this purpose the property belonging to him, 
 or to have recourse on it after his death. 1 As to army and 
 navy pensioners, see infra, 114. 
 
 32. If a pauper, though wholly destitute himself, and other- 
 wise a proper object for parochial relief, have relations in suffi- 
 cient circumstances, of such near degree as to be bound to 
 aliment him, the parish of his settlement has a claim of relief 
 against them, to the eifect both of recovering any sums which 
 may have been advanced for his support, and of having them 
 declared liable to aliment him in future. A pauper having 
 such a claim is not entitled to be placed on the permanent roll 
 of poor ; but if otherwise a proper object of relief, he is en- 
 titled to temporary support pending an action against his 
 relations, in which he is bound to proceed with all due dili- 
 gence. 2 
 
 33. A father, whether in the lower or upper ranks of life, 
 is bound to maintain his children, not only while in infancy, 
 but so long as, from disease, idiocy, or the like cause, they are 
 unable to work for their own support, 3 and that whether they 
 be legitimate or illegitimate. 4 
 
 34. If the father be dead, or otherwise incapable of support- 
 ing his children, the burden falls upon the mother, 5 and then 
 on the pauper's grandfather, and so upwards, upon the other 
 paternal ascendants. 6 A stepmother is not bound jure naturae 
 
 1 M'Lachlan, ut supra. 
 
 2 Watson v. Parish of Ancrum, Feb. 28, 1829 (7 S. E. 1st Ser. 
 495). . 
 
 8 1 Stair, 5, 7 ; 1 Bank. 6, 13 ; 1 Ersk. 6, 56. 
 
 *Finlayson, July 7, 1809 (F. C.) Anderson, March 11, 1848 
 (10 S. R. 2d Ser. 960). 
 
 fi 1 Bank. 6, 15. Children of the Earl of Buchan, Feb. 23, 1666. 
 Erskine ranks the mother as posterior to all paternal ascendants in the 
 order of liability. As, however, she has in peculiar circumstances been 
 held liable to relieve the father's heir to a certain extent, she would, on 
 the same principle, be liable in a question with his ascendants. 
 
 6 1 Ersk. 6, 56. Tait, Feb. 28, 1802 (M. App. 3, Aliment). Christie, 
 July 6, 1802 (M. App. 5, Aliment). In this case, it would appear from 
 the report that the father, though abroad, was able to maintain his 
 family.
 
 38 OF PERSONS ENTITLED TO RELIEF. CIIAP. II. 
 
 to support a stepchild. 1 In the case of a bastard, the obliga- 
 tion would not seem to extend beyond the immediate parents. 
 This was recently decided as to a maternal grandfather ; 2 but 
 the principle on which the case was argued applies equally to 
 the paternal ascendants. 
 
 35. It has been determined in several cases, that a father is 
 bound to support his son's wife, the son being unable to main- 
 tain her. 3 Where, however, the son is able to support his wife, 
 although he be abroad, she has no claim on her father-in-law ; 4 
 and the father was found to be relieved of this obligation, 
 where he had originally provided for the son, and the wife, 
 who had been accustomed, prior to the marriage, to earn her 
 own livelihood, had refused to accompany her husband abroad. 5 
 In this case, however, it does not appear that the wife, although 
 burdened with a daughter, was incapable of supporting herself 
 by her own work. In such circumstances the decision might 
 probably be different. Sons-in-law are not bound to support 
 their parents-in-law, at least if their wives have no separate 
 available estate of their own. 6 
 
 The father is bound to support his son's widow. 7 
 
 36. Failing paternal ascendants, the burden of maintaining 
 legitimate children falls on those of the mother. 8 
 
 37. Children, in like manner, are reciprocally bound to sup- 
 port their paternal and maternal ascendants. 9 
 
 38. If a pauper have descendants capable of maintaining 
 
 1 Macdonald, June 20, 1846 (7 S. R. 2d Ser. 830). 
 
 1 Nicholl, June 19, 1832 (10 S. R. 1st Ser. 670). 
 
 s Adam, March 1, 1762 (M. 398.) Duncan, Feb. 17, 1810 (F. C.) 
 
 4 Christie, July 6, 1802 (M. App. 5, Aliment). 
 
 5 Brown, July 10, 1824 (3 S. R. 1st Ser. 247). 
 
 8 Macdonald, June 20, 1846 (7 S. R. 2d Ser. 830). 
 
 7 Adam, July 11, 1764 (M. 400 and 15419). Duncan, Feb. 28, 1809 
 (F. C.) Yuill, Dec. 21, 1815 (F. C.) The contrary was found in a 
 special case, where the widow of the sou of a proprietor of an entailed 
 estate was also the mother of the heir of entail. De Courcy, July 3, 
 1803 (M. App. 8, Aliment). 
 
 8 1 Ersk. 6, 56. 
 
 8 1 Bank. 6, 20. Brown, July 20, 1710 (M. 448). Anderson, Jan. 
 25, 1754 (M. 427). Paterson, June 25, 1761 (M. 429). Campbell, Feb. 
 25, 1809 (F. C.) Ettrick, Feb. 14, 1824 (2 S. & D. 715).
 
 CHAP. II. OF PERSONS ENTITLED TO IlELIEF. 39 
 
 him, it would rather seem that they are liable primarily before 
 the father or other ascendants. 
 
 39. A husband is of course bound to support his wife, and 
 the obligation descends to his representatives lucrati by his 
 succession. 1 
 
 The contrary of this was found in one case, where the ques- 
 tion related to a woman in the lower ranks of life ; but she 
 had been accustomed to work for her bread before marriage, 
 and was in no way disabled from doing so still. 2 In a later 
 case, the Court unanimously found a widow in the lower ranks 
 of life entitled to an aliment out of her husband's estate. 3 
 
 40. No obligation lies upon brothers and sisters, or other 
 collateral relations, to aliment each other, unless in the case of 
 their succeeding to the property of an ascendant or descendant 
 of the pauper. 4 In such cases the party succeeding, however 
 distant his relationship, is bound to aliment, out of that succes- 
 sion, all those whom the person he represents might have been 
 compelled to support, 5 and in the order in which that person 
 would have been liable. 6 But where a father had divided his 
 fortune between his two sons, one of whom spent all his means, 
 and died, leaving a child destitute, the Court held that this 
 child had no claim for ah'ment against the other son, his 
 uncle. 7 
 
 41. A father is not obliged to pay his children an aliment 
 in money ; he can only be compelled to receive them into his 
 own house, and give them the same entertainment he takes to 
 himself : 8 should he treat them ill, or refuse to receive them, 
 
 1 Lowther, Dec. 15, 1786 (M. 435), even -when the marriage was dis- 
 solved by the husband's death, within year and day, and without issue. 
 See also Thomson, March 6, 1788 (M. 434). Young, Jan. 27, 1790 
 (M. 400). 
 
 2 M'Gowan, May 20, 1809 (F. C.) 
 
 3 Smith, March 11, 1812 (F. C.) 
 
 * 1 Bank. 6 (digression), 6. Patersou, June 26, 1761 (M. 429). 
 
 8 1 Ersk. 6, 58. Seatoun, Feb. 11, 1764 (M. 431). Scott (M. App. 1, 
 Parent and Child), as to sisters uterine. Buchanan, Jan. 21, 1813 (F. C.) 
 Dalziel, Dec. 14, 1788 (M. 460), as to a niece. 
 
 6 Douglasses, Feb. 8, 1739 (M. 429). 
 
 7 Stuart, June 10, 1848 (10 S. R. 2d Ser. 1275). 
 
 8 Wallace, July 20, 1848 (10 S. R. 2d Ser. 1510).
 
 40 OF PEU8ONS ENTITLED TO RELIEF. CHAP. II. 
 
 he may be obliged to allow an alimony. 1 This observation, 
 however, only applies to the case of legitimate children. In 
 the case of bastards, the mother has an absolute right of cus- 
 tody while they are in infancy, and the father cannot demand 
 them from her, and does not implement his obligation by an 
 offer to take them himself. 2 On the other hand, the obliga- 
 tion on the part of the child to aliment his parents will not be 
 implemented by an offer to receive them into his house, if able 
 to afford a separate maintenance. 3 But if he be unable to 
 afford a separate maintenance, this will be a sufficient fulfilment 
 of his obligation. 4 
 
 42. The degree of poverty which would exempt any one 
 from maintaining those whom he is bound by natural obliga- 
 tion to support, seems to be somewhat doubtful. Where the 
 claim is not for mere sustenance as a pauper, but for an ali- 
 ment extending to the comforts, as well as the necessaries of 
 life, a greater degree of wealth would certainly be required 
 than in the class of cases falling under our consideration. But 
 when the claimant is in absolute want, and labours under 
 an incapacity to work, and demands only what is necessary for 
 his actual subsistence, it would rather seem that the doctrine 
 laid down by Erskine, as to the obligation of parents to their 
 children, should apply equally to the case of all ascendants and 
 descendants. This writer observes, 5 that " though the parent 
 himself should be reduced to necessitous circumstances, yet as 
 long as he keeps house, he is obliged to give the same entertain- 
 ment that he takes to himself to such of his children as have 
 not sufficient funds for their maintenance." 
 
 It is, however, observed by Lord Stair, 6 that if the parents' 
 means are merely sufficient to support themselves, " there must 
 
 1 Bank. 6, 13. 
 
 2 Weepers, June 20, 1844 (6 S. R. 2d Ser. 1166). In this case the 
 father did not offer to take the child into his own house, but the Court 
 were clearly of opinion that even had he done so, the mother was not 
 bound to accept his offer. 
 
 s Jackson, Nov. 17, 1825 (4 S. R. 1st Ser. 186). 
 4 Greig v. Crawford, 1817 (Not rep.) White, March 10, 1829 (7 S. R. 
 1st Ser. 567). 
 Ersk. 6, 56. 1, 5, 7.
 
 CHAP. II. OF PERSONS ENTITLED TO RELIEF. 41 
 
 first be reserved to the parents that which is necessary for 
 their subsistence, so that, when they are not able to entertain 
 their children, they may lawfully expose them to the mercy 
 and charity of others ; " and, in accordance with this principle, 
 the Court refused to impose the burden of maintaining two 
 grandchildren on an old man sixty-seven years of age, and 
 having no property but his cart and horse, who originally 
 had been a farm-servant, but had lost the use of one of his 
 hands, and was now employed as a coal-carter, in which em- 
 ployment 'his whole gains in the year, deducting house-rent 
 and the keep of his horse, amounted merely to L.5, out of 
 which he had to support himself and his wife, a woman sixty- 
 nine years old, and almost constantly confined to bed by infirm 
 health. 1 
 
 Whatever be the degree of want which would relieve a man 
 from this natural duty, it is undoubtedly no ground of exemp- 
 tion from the obligation of maintaining ascendants and descen- 
 dants, of whatever degree, that the party from whom aliment 
 is claimed is a common labourer, and in the lower ranks of 
 life. 2 
 
 43. By the 8 & 9 Viet. c. 83 ( 80), it is enacted, that every 
 husband and 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 
 
 1 Wilson, Feb. 1825, (3 S. R. 1st Ser. 547). 
 
 2 Ettrick, Feb. 14, 1824 (2 S. E. 1st Ser. 715). Wilson, Feb. 18, 
 1825 (3 S. R. 1st Ser. 547). In this last case, the Court assoilzied a 
 grandfather from a claim for aliment, but expressly on the ground that 
 he was " unable to bear the burden of alimenting or even of contributing 
 to the aliment of his grandchildren, which burden he would be legally 
 bound to bear if his circumstances enabled him to bear it ; " and it was 
 observed from the bench, that if he " could have received the children 
 into his house, he would have been bound to have done so ;" but as this 
 was impossible in consequence of the state of his wife's health, and as any 
 payment in money would reduce them both to the condition of paupers, 
 their Lordships were agreed that, in the peculiar circumstances of the 
 case, he should not be subjected in the payment of aliment, from which 
 the mere circumstance of his being a common labourer in the lower ranks 
 of life would not have exempted him.
 
 42 OF PERSONS ENTITLED TO KEL1I HAP. II. 
 
 shall refuse or neglect to maintain such child, being able to 
 do so, 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 act 1579, c. 74, 
 and be liable to be prosecuted criminally before the Sheriff, 
 at the instance of the inspector of the poor of such parish or 
 combination, and punishable on conviction by fine or imprison- 
 ment, with or without hard labour, at the discretion of the 
 Sheriff. 
 
 44. Liferenters of lands are bound to aliment the fiars. 1 
 Creditors are obliged to maintain their poor debtors in jail 
 
 under the act of grace. 
 
 45. Direct actions for permanent aliment are competent 
 before the Supreme Court 2 only, with the exception of appli- 
 cations under the act of grace, which may be summarily dis- 
 cussed before the magistrates of the burgh where the debtor 
 is imprisoned. But actions at the instance of third parties or 
 parishes for relief of sums advanced for the support of indi- 
 viduals whom they were not bound to aliment, may compe- 
 tently be brought before the Judge Ordinary, 3 who, it would 
 rather seem, may also award an interim provision to the party 
 to prevent him from starving, even in a direct application at 
 his instance. 4 
 
 46. An action of aliment at the instance of a wife against 
 
 1 1491, c. 25. 
 
 2 1 Bank. 6, digression 13. Jackson, March 3, 1825 (3 S. R. 1st Ser. 
 610). 
 
 Ettrick, Feb. 14, 1824 (2 S. R. 1st Ser. 716). The Court, in a case 
 of this kind brought by advocation from the Sheriff, remitted to him to 
 take a proof, thus necessarily implying that he had jurisdiction. 
 
 4 Dicta of the Court, in Jackson, ut supra. In a late case of an action 
 of aliment by a father against a son, in which the facts were disputed, 
 and which was brought into court at the end of a session, the Court re- 
 mitted to the sheriff of the connty where the parties resided, to inquire 
 into the circumstances, and with power to award an interim order for a 
 sum of aliment, or to have the father received into the son's house, as he 
 should deem iin-.-t. Whyte, March 10, 1829 (7 S. R., 1st Ser. 567). 
 
 By the 8 & 9 Viet. ( 70), it is provided, that parishes in which desti- 
 tute persons are found, must afford them interim relief, though the paupers 
 have no settlement there ; such parishes having recourse against the parish 
 nf settlement for all advances made after notice to the parish of settle-
 
 CHAP. II. OP PERSONS ENTITLED TO BELIEF. 43 
 
 her husband, was found to be competent in the Commissary 
 Court alone, 1 although the Court of Session would probably 
 have interfered, and awarded an interim aliment, if necessary, 
 to prevent absolute starvation. 2 The jurisdiction of the Com- 
 missary Court, however, is now merged in the Court of 
 
 Session. 
 
 / 
 
 ment ; and also against any relations legally bound to support them. See 
 infra, Chap. IV. 
 
 1 Wylie, July 8, 1824 (8 S. R., 1st Ser. 231). Grahame, June 3, 1826 
 (4 S. & D. 670). Braick, Dec. 19, 1829 (8 S. R., 1st Ser. 284). 
 
 2 Ibid.
 
 44 
 
 CHAPTER III. 
 
 OF SETTLEMENT. 
 
 47. The only original sources of settlement provided by 
 statute are birth and residence ; but as settlements so acquired 
 may be derived to the wives and children of the parties acquir- 
 ing them, there have come to be recognised four ways by which 
 a settlement may be attained, viz. : 
 
 1. By Residence ; 2. By Parentage ; 3. By Marriage ; 4. 
 By Birth. 
 
 SECTION I. 
 
 SETTLEMENT BY RESIDENCE. 
 
 48. There is scarcely any restriction as to the persons who 
 may acquire a settlement by residence ; and foreigners are 
 entitled to obtain this privilege equally with natives. 1 The 
 period of residence necessary to acquire a settlement was at 
 one time seven years, 2 at another three, 3 and it has now, by 
 the recent statute, been fixed at five. 4 
 
 49. There are, however, some exceptions to the general rule 
 
 1 Higgins, July 9, 1824 (3 S. & D. 239). In the bill passed into the 
 act 8 & 9 Viet. c. 83, it was originally proposed to exclude from acquir- 
 ing a settlement, all persons born forth of Scotland, unless their parents 
 had been born there, and were domiciled there at the time of birth ; but 
 in its passage through the legislature, the provision to this effect was 
 abandoned, and that which now stands in the act, forfeiting settlements by 
 the lapse of five years without one year's residence, was substituted instead. 
 
 2 1579, c. 74, Procl. 10th August 1692, and 29th August 1693. 
 8 1672, c. 18. * 8 & 9 Viet. c. 83, 76.
 
 CHAP. III. SI. OF SETTLEMENT. 45 
 
 1 
 
 that all persons can acquire a settlement in this way. (1.) A 
 married woman, during the subsistence of her marriage, can- 
 not obtain by residence a settlement independent of her hus- 
 band, although she be deserted by him ; at all events, while he 
 possesses a subsisting settlement. 1 In the event, however, of a 
 married woman residing with her husband in a parish where 
 he does not acquire a settlement prior to his death, the widow 
 would have the benefit of her residence preceding that event, so 
 as to acquire a settlement by continuing to reside for the addi- 
 tional period requisite to complete the term required by law. 
 
 In like manner, where a woman who had resided in a parish 
 for some time, but not sufficient to acquire a settlement, mar- 
 ried a man with no settlement in Scotland, and continued to 
 reside with him for the remaining period, she was found, on his 
 deserting her, to have thereby completed the necessary resi- 
 dence, and to have acquired a settlement in that parish. 2 
 
 50. (2.) Children in puberty cannot obtain a settlement by 
 residence, even when living out of family, and in a different 
 parish from their parents, or deserted by them, or although 
 the parents be dead. 3 
 
 Even when the child has passed the age of puberty, if by 
 reason of insanity or bodily infirmity he does not become 
 emancipated, but remains a member of his father's family, he 
 cannot acquire by residence a settlement in his own right. 
 But it has been found, that where a child above that age leaves 
 his father's family, and lives in another parish as an appren- 
 tice, he acquires there a settlement by residence, although he 
 derive no profits from his labour, and be wholly supported by 
 his father. 4 See infra, 76 et seq. 
 
 51. (3.) It has been doubted whether idiots can ever acquire 
 a settlement in this way, having no will of their own to fix on 
 a place of residence. While their father is alive, they pro- 
 bably could not do so, as they would still be held to be merely 
 members of his family ; but otherwise, the terms of the acts of 
 
 1 Gray v. Fowlie, March 5, 1847 (9 S. R. 2d Ser. 811). 
 
 2 Thomson, June 28, 1850 (12 S. R. 2d Ser. 1112). 
 
 8 Inveresk, March 3, 1757 (M. 10591). Gladsmuir, June 11, 1806 (M. 
 App. Poor, 5). Howie, &c. Jan. 25, 1800 (M. App. Poor, 1). Pennicuick, 
 March 3, 1813 (F. C.) 4 Cockburnspath, June 9, 1809 (F. C.)
 
 46 OF SETTLEMENT CHAP. II. 1 . 
 
 Parliament do not necessarily imply that any animus, on the 
 part of the pauper, is requisite to his acquiring a legal settle- 
 ment. 1 In general, however, idiots and insane persons cannot 
 acquire a settlement by residence, as falling under the disqua- 
 lification which we come next to notice, viz. being at the time 
 proper objects of parochial relief; but if, by reason of the 
 intervention of lucid intervals, or of the partial character of the 
 disease, they be able to work, so as wholly, or in a great mea- 
 sure, to be capable of earning a livelihood (without begging or 
 parochial aid, the resorting to which by the recent statute 
 excludes this), they will by residence acquire a settlement. 2 
 
 52. (4.) Prior to the specific provisions in the recent statute, 
 persons who were proper objects of parochial relief, were held 
 incapable of acquiring a settlement by residence for any length 
 of time, even although they might never have begged or 
 received aid from the parish. 3 This doctrine was founded on 
 the interpretation given to the provisions of the older acts, 
 which declare, that paupers shall be supported by those 
 parishes where they have resided for three years previous to 
 " taking up the lists ; " and it was held, that if the pauper had 
 been a fit object for being placed on the list of poor, it did not 
 matter that he had not been actually admitted on the roll, but 
 that he must be maintained by the parish where he had resided 
 three years prior to his becoming entitled to be placed on the 
 list. A merely temporary disability by sickness would not 
 consequently, at least under the old law, have prevented a 
 
 1 In the case of Gladsmuir, June 11, 1806 (M. App. Poor, 5), the Lord 
 Ordinary (the late Lord Methven) founded his judgment on the assump- 
 tion, that a settlement by residence could not be acquired by an idiot. 
 His interlocutor was, however, recalled ; but the decision of the Court 
 proceeded on grounds totally independent of this question. 
 
 8 Haddington, Dec. 19, 1837 (16 S. R. 1st Ser. 248). 
 
 * Bunciraau, Jan. 24, 1784 (M. 10583). In this case a labourer had 
 resided in the parish of Mordington for seventeen years. In 1769 he 
 removed to the neighbouring parish, and next year he was struck with 
 blindness, and so deprived of the means of subsistence ; but he did not 
 apply for relief till 1777. The parish of Mordington refused him relief; 
 the Court held, that he had not acquired a new settlement, but must be 
 supported by the parish of Mordington, in respect he had resided there 
 " until a year prior to his blindness, and afterwards acquired no funds for 
 subsistence."
 
 CHAP. II. 1. OF SETTLEMENT. 47 
 
 person from acquiring a settlement by residence, as such tem- 
 porary disability did not render him an object of parochial 
 support. It may now, however, be contended, that the effect 
 of the recent statute is to render such temporary disability a 
 bar to the acquisition of a settlement, if relief, though merely 
 temporary, have been accepted or applied for from the parish. 1 
 53. (5.) It was thought by some, that under the Scottish 
 statutes no one could acquire a settlement by residence, unless 
 he had supported himself by his labour ; but the acts do not 
 seem to countenance such a doctrine "haunting " and " resort- 
 ing" being all that is required by them. Accordingly the 
 Court held, that a settlement might be acquired by a person 
 who had not supported himself by his labour, in the case of a 
 lad who was found to have acquired a settlement in a parish, 
 by residence as an apprentice, although he was wholly sup- 
 ported by his father. 2 Here, it is true, the pauper had been 
 industriously employed ; but, in another case, a common 
 vagrant was found to have acquired a settlement in the parish 
 where she had most haunted for the last three years, to the 
 effect of making that parish liable to support her natural child, 
 in a question with the parish of the child's birth, and that where 
 the woman herself had possessed a previous settlement. 3 By 
 the late statute, again, it is enacted, that no one shall be held 
 to have acquired a settlement by residence unless he shall 
 "have maintained himself without having had recourse to com- 
 mon begging, either by himself or his family, and without 
 having having received or applied for parochial relief ; " 4 and 
 the Court in their construction of this provision, have held it 
 to import that if the party, though incapable of earning his 
 maintenance by his work, has been in point of fact maintained, 
 whether by friends, benevolent individuals, or charitable socie- 
 ties, without having had recourse to begging or becoming a 
 burden on the parish, he will acquire a settlement by his resi- 
 dence for the requisite period. 5 
 
 1 8 & 9 Viet. c. 83, 76. 2 Cockburnspath, June 9, 1809 (F. C.) 
 
 8 Rescobie, Nov. 28, 1801 (M. 10589). * 76. 
 
 6 Hay, Jan. 17, 1852 (14 S. R. 2d Ser. 352). See also Hay v. Gum- 
 ming and Forbes, June 6, 1851 (13 S. R. 2d Ser. 1057). Webster, Feb.
 
 48 OF SETTLEMENT. CHAP. III. 1. 
 
 It may be considered as still undetermined, whether a settle- 
 ment would be acquired by such residence, where during part 
 of it the child was in pupillarity. 1 
 
 54. However disabled a person may be, if he have funds of 
 his own sufficient for his permanent support, he will acquire a 
 settlement by residence in such circumstances. 2 
 
 55. Mere residence is sufficient to obtain a settlement with- 
 out any of the accompanying requisites which till lately were 
 necessary by the law of England such as possession of a house 
 or estate, hiring and service, or the like. 3 
 
 56. The residence must be " continuous," that is, for the 
 requisite number of years successively, without interruption of 
 any one year, 4 but it is not necessary that it should be constant. 
 Thus, under the old acts, a pauper who had taught dancing in 
 a burgh during fourteen successive years for four or five 
 months in winter, was found to have acquired a settlement 
 there by residence, although he never had a house in the burgh, 
 and although he followed his profession in other places during 
 the rest of the year. 5 The recent statute expressly requires 
 that the party shall have resided for five years continuously ; 
 but this does not import any change in the law, which always 
 required a continuous residence, or for so many years " to- 
 gether ; " and, accordingly, in the cases which have occurred 
 since the passing of that act, the Court have disregarded tem- 
 porary absences even where these have taken place under 
 engagements of service in another parish, for a term which 
 was broken off before its expiry. 6 The full period, how- 
 ever, required by law must be completed ; that is, the resi- 
 
 16, 1853 (15 S. R. 2d Ser. 399). Thomson, Feb. 13, 1851 (13 S. R. 2d 
 Ser. 683). Thomson, Nov. 10, 1853 (16 S. R. 2d Ser. 66). 
 
 1 Hay (Rodgers), Nov. 23, 1852 (15 S. R. 2d Ser. 67). 
 
 J This is necessarily implied in the interlocutor of the Court in the case 
 of Rnnciman, supra, 52, note 2. See also note of Lord Ordinary in Thom- 
 son, nt supra. 
 
 8 Dalmellington, Dec. 3, 1800 (Mor. App. Poor, 2). 
 
 4 8 & 9 Viet, c. 84, 76. 
 
 * Dalmellington, ut supra. t 
 
 Hay, June 6, 1851, 13 S. R. 2d Ser. 1057. Hay, July 9, 1851 (13 
 S. R. 2d Ser. 1313).
 
 CHAP. III. 1. OP SETTLEMENT. 49 
 
 dence must extend over the whole of that period ; and so, when 
 a fortnight was deficient from the time at which the residence 
 first commenced to that at which it finally ceased, it was held 
 that no settlement had been acquired. 1 
 
 57. Our older acts of Parliament contained very contradictory 
 enactments as to the period of residence necessary to acquire 
 a settlement. The statute 1579, c. 74, established seven years 
 as the rule, which was altered to three years by the act 1672, 
 c. 18, while the proclamation, 29th August 1693, again returned 
 to the provision of the act 1579. But it had long been a fixed 
 point in practice, that a residence of three years was sufficient 
 to acquire a settlement. 2 By the 8 & 9 Viet, a new period 
 has been introduced. It is thereby enacted ( 76), that from 
 and after the passing of the 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 com- 
 mon begging by himself or his family, and without having 
 received or applied for parochial relief ; " and it is also thereby 
 farther enacted, that " 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 sub- 
 sequent period of five years, he shall not have resided in such 
 parish or combination continuously for at least one year." The 
 only exception from these provisions of the statute is in regard 
 to such persons as may have acquired a settlement by three 
 years' residence, and also become " proper objects of parochial 
 relief," previous to the passing of the act. 3 Their operation, 
 therefore, is not merely prospective, but also retrospective, in 
 reference to all parties who had not actually, before the pass- 
 ing of the act, become proper objects of parochial relief. It 
 
 1 Crieff, July 19, 1842 (4 S. R. 2d Ser. 1538). 
 
 3 Dunse, June 5, 1745 (M. 10558). Crailing, March 7, 1747 (M. 
 10573). Hutton, Dec. 6, 1770 (M. 10574). Waddel, June 14, 1781 
 (M. 10583). Runciman, Jan. 24, 1784 (M. 10583). 
 
 3 Aug. 4, 1845. To bring a party within the exception, both these 
 requisites must of course concur. Skene, Feb. 16, 1849 (11 S. R, 2d 
 
 D
 
 T'O OF SETTLEMENT. CHAP. III. 1. 
 
 will not bring a party within the exception, that he had 
 been an object of relief shortly before the passing of the act, 
 and again became so shortly afterwards, if in the interval 
 during which the act was passed he had ceased to be so, 1 
 even although the ailment creating him such had not been 
 entirely removed, so as to enable him to earn his own support 
 without the assistance of friends, who chiefly maintained him 
 during the interval. 2 
 
 The terms of the statute extend not only to claims of settle- 
 ment founded on the residence of the party applying for relief 
 himself, but also to those founded on that of husbands and 
 parents, through whose residence a derivative settlement is 
 sought to be established, and in such cases, likewise, the only 
 residence that can now be recognised as effectual in law 
 (except to parties who before the passing of the act had 
 become objects of parochial relief), is a residence of five years, 
 followed up by a residence of one year at least in every sub- 
 sequent five years. 3 
 
 58. When a person had resided for the requisite period in 
 several parishes successively, his place of settlement under the 
 law, prior to the late statute, was that where he had last had 
 a continued residence, prior to his poverty and disability. Thus, 
 a pauper who had resided forty years in the parish of his 
 birth, and subsequently in three other parishes for more than 
 three years in each, was found to have his settlement in that 
 parish where he had his last residence for three years. 4 
 
 In the case of Crailing here alluded to, the interlocutor of 
 the Court characterised the parish found liable, as that where 
 the pauper " had resided during the immediate three years 
 previous to his application for charity ;" but it was afterwards 
 determined, that if he had become a proper object for parochial 
 support previous to his applying for relief, it was not the resi- 
 
 Ser. 660). Hume, Dec. 22, 1849 (12 S. R. 2d Ser. 411). Thomson, 
 Juno 28, 1850 (12 S. R. 2d Ser. 1112). 
 
 1 Hay, Nov. 23, 1852 (15 S. R. 2d Ser. 62). 
 
 Thomson, Nov. 10, 1853 (16 S. R. 2d Ser. 66). 
 
 Hume, Dec. 22, 1849 (12 S. R. 2d Ser. 411). 
 
 4 Crailing, March 7, 1767 (M. 10573). See also Hutton, Dec. C, 
 1770 (M. 10574).
 
 CHAP. III. 1. OF SETTLEMENT. 51 
 
 dence next preceding the application which fixed the settle- 
 ment, but that next preceding the applicant's having become 
 a proper object of parochial support. 1 
 
 59. Where a settlement had once been obtained, it was not 
 lost, according to our former law, by mere lapse of time and 
 intermission of residence, unless a new settlement had been 
 acquired. So it was found in the case last quoted, after the 
 lapse of nine years, and a residence for that period in another 
 parish ; and so also it was held as to a woman who had resided 
 in a parish in England, but whose residence was not such as 
 by the law of that country to acquire for her a settlement, 
 and this although she was entitled to be supported there 
 every parish in England being liable to support the poor within 
 their bounds, even when they have no settlement, until removed 
 to the place of their legal settlement ; and the woman, in this 
 case, having only a Scotch settlement, could not then (prior to 
 the act 59 Geo. III. c. 12) have been legally removed. 2 By 
 the late statute, however, as already noticed, a settlement 
 acquired by residence is lost simply by the intervention of five 
 years, without one year's continuous residence in the parish in 
 which the settlement by residence has been so acquired ; and 
 in construing this provision of the statute, the Court have held 
 that if the party become an object of parochial relief before the 
 expiry of the five years, but after the lapse of four, so as to 
 preclude his residence for one full year, by the time the five 
 years would have elapsed, the statutory forfeiture of the settle- 
 ment must be deemed to have taken place. 3 
 
 1 Runciman, Jan. 24, 1784 (M. 10583). See supra, 52, note 1. 
 
 * Brown, March 4, 1806 (M. App. Poor, 4). 
 
 3 Hay, Feb. 7, 1851 (13 S. R. 2d Ser. 628). It is with great defer- 
 ence, though not without confidence, that I venture to express an opinion 
 that the question here decided deserves to be reconsidered. The result 
 of the decision is, that the legislature is held substantially to have 
 declared the forfeiture of one residential settlement, by the lapse of a 
 period which they have at the same time enacted shall not be sufficient 
 for acquiring another settlement by residence elsewhere ; and this, too, 
 though there may be no birth settlement in Scotland to fall back upon. 
 A forfeiture so iniquitous, of a subsisting right, can, of course, never have 
 been really intended; and the words of the statute do not seem to me to 
 compel the construction which would establish it. The residence or non- 
 residence which is being dealt with in the statute is that, not of parties
 
 :.L' OF SI. H UvMKNT. CHAP. III. 1. 
 
 60. Where a party who had acquired a settlement by residence 
 in a parish had left it, and after an absence of more than five 
 years, but without acquiring a new settlement, became charge- 
 able to the parish in which he was residing, and continued so 
 for about three years, all prior to the passing of the recent 
 statute, and who, after an interval of ability to support himself, 
 during which the act was passed, subsequently became again 
 an object of parochial relief there, it was decided, that although 
 in consequence of the old law being in force during the first 
 period of chargeability, the relieving parish had recourse against 
 the parish of original residential settlement for the charges of 
 his maintenance during that period, this did not preclude the 
 parish of original settlement from pleading the 76th section of 
 the statute, as freeing them from all liability subsequent to the 
 passing of the act, on the ground that under it he must now 
 be held, in reference to his support after that date, to have 
 lost his settlement therein, by the lapse of more than five years 
 before the first chargeability commenced. 1 
 
 who are in receipt of parochial relief, but of parties not yet burdens on 
 their parish, and who consequently are capable of acquiring or of losing 
 a settlement. The lapse of five years, therefore, to which a forfeiture 
 is attached by the 76th section, if there be not one year's residence in 
 the course of it within the parish of previous settlement, must have 
 reference to a party not yet an object of relief; and it is only when such 
 a lapse has actually occurred, when the chargeability has commenced, 
 and the dispute as to which is the parish of settlement subject thereto 
 has arisen, that there is room for raising the question whether there has 
 been a year's residence in the parish of previous settlement or not. 
 When, however, one becomes an object of relief after a lapse of only four 
 years and a day, there does not exist to him, even when the five years 
 shall have actually expired, any such period of five years, within the 
 meaning of the statute, as that which requires a year's residence during 
 its currency for the retention of his subsisting residential settlement. 
 
 1 Hay (Peebles), Nov. 23, 1852 (15 S. B. 2d Ser. 62). This decision 
 cannot, I conceive, be pleaded as sanctioning the doctrine that a settle- 
 ment may be lost by the lapse of any period of time during which the 
 pauper is actually in receipt of relief, for which the parish of his previous 
 five years' residence is liable. Of course, if he were drawing it directly 
 from that parish, though not actually living in it, no forfeiture could pos- 
 sibly take place ; and there seems no distinction in principle between 
 relief so directly administered, and relief advanced by another parish, 
 under an intimated claim of recourse, which is ultimately sustained.
 
 CIIAP. III. 1. OP SETTLEMENT. 53 
 
 61. As soon as a new settlement by residence is acquired, 
 the parish of former settlement, however acquired, is liberated ; 
 at least while the new settlement subsists. 1 And the first 
 decision in the case of Brown, above alluded to, would seem to 
 sanction the view that this would hold, although the new settle- 
 ment were in England. There a man, having acquired a 
 settlement in a Scotch parish, removed to England with his 
 wife and family, and after living there three years, he deserted 
 them. In an action for aliment, at the instance of the wife 
 and children, the Court, by their first judgment, found that 
 the Scotch settlement was lost ; and it was only on the ground 
 that their residence in England had not acquired for them a 
 legal settlement, that the claim against the Scotch parish was 
 ultimately sustained. 
 
 Residence in Scotland necessarily implies residence within 
 a parish, as there are in this country no lands extra-paro- 
 chial. 2 
 
 62. Doubts were at one time entertained whether the parish 
 of a pauper's birth or that where he had resided the requisite 
 period, was the place of his settlement, and primarily liable in 
 his support ; but it is now fixed by a series of decisions, that 
 the parish of settlement by residence is primarily liable, and 
 that the parish of a pauper's birth can only be called on to 
 support him when he retains no subsequent settlement, or 
 where it is unknown. 3 Of course, when the settlement by 
 residence has been lost by five years' absence, the pauper will 
 be thrown back on that of his birth, if not entitled to plead 
 some other settlement derivatively. 
 
 63. Prior to the late statute, there were only two cases in 
 which it had been held that a parish where a pauper was 
 residing, or had been found, although he had no subsisting 
 settlement there,'was bound to advance an interim aliment in 
 the first instance, with relief against his proper parish when 
 ascertained : viz. 
 
 1 Crailing, March 7, 1767 (M. 10573). Hutton, Dec. 6, 1770 (M. 
 10574). 2 Ross, June 8, 1824 (3 S. R. 1st Ser. 115). 
 
 3 Dunsc, June 5, 1745 (M. 10553). Crailing, March 7, 1767 (M. 
 10573). Waddel, June 14, 1781 (M. 10583). Dalmellington, Jan. 22, 
 1822 (1 S. R. 1st Ser. 259).
 
 54 UK SKTTLKMEXT. ( 1IAP. III. 1?. 
 
 (1.) Where an idiot, or insane person, had been apprehended 
 for purposes of public police, the parish where he haunted 
 when taken up was found liable to advance an aliment, in the 
 first instance, until his parish should be discovered. 1 And in 
 like manner, a lunatic found to have committed a crime, but 
 under the influence of insanity, and sentenced to be confined 
 by order of the Court of Justiciary, was ordered to be sup- 
 ported in the meantime by the parish in which he was appre- 
 hended. 2 
 
 (2.) Where a child is exposed whose parents are unknown, 
 the parish of exposure was held bound to support it. 3 
 
 By the late act, however, it is provided, that in all cases, 
 destitute persons otherwise entitled to parochial relief must 
 be supported, in the meantime, by the parish in which such 
 parties are when they make application, though having no 
 settlement there, until the parish to which they belong shall 
 be ascertained, and the claim admitted or determined, or until 
 duly removed ; with recourse against the parish of settlement 
 when discovered. 4 See infra, chap. iv. 
 
 SECTION II. 
 
 SETTLEMENT BY MARRIAGE. 
 
 64. A woman, by marriage, immediately acquires the settle- 
 ment of her husband. 
 
 Her own settlement, should she have any, is thereby sus- 
 pended, and does not revive by the husband's desertion. 5 
 
 65. By the law of England, a woman's settlement is held to 
 be suspended by her coverture in those cases onTy where the 
 
 1 Scott, Nov. 13, 1818 (F. C.) 
 
 J Kilmorich, July 10, 1839 (1 S. R. 2d Ser. 1231). 
 
 * Tranent, June 29, 1737 (M. 10552). This case went further than 
 the doctrine laid down in the text, and found the parish of exposure 
 liable, though that of the parents' settlement and of the child's birth was 
 known. It would not, however, be followed to this extent in the present 
 day. 
 
 * 8 & 9 Viet. c. 83, 70, 76. 
 
 * Pennicnick, March 3, 1813 (F. C.)
 
 OP SETTLEMENT. 55 
 
 husband possesses a known settlement ; and in a late case a 
 corresponding rule was applied in this country, where the hus- 
 band was an Englishman, who had never acquired a settlement 
 in Scotland, and whose English settlement was unknown. 1 
 
 It has also been found, that even in the case of a woman 
 deserted by her husband, she cannot acquire by residence a 
 settlement ; 2 at all events, while he has a subsisting settle- 
 ment. 
 
 66. The settlement of a deceased husband continues to be 
 that of his widow (if not forfeited by absence, in the case of a 
 residential settlement, under the late statute), until she have 
 acquired a new settlement by residence, or by a second mar- 
 riage. 3 
 
 67. In the event of a divorce, it would seem necessarily to 
 follow, that the woman should thereby lose her husband's set- 
 tlement, and consequently that her maiden settlement should 
 revive. 
 
 68. The settlement acquired by marriage, or by a joint 
 industrial residence with her husband after marriage, cannot 
 attach to a woman's children by a former marriage. 4 Nor can 
 the settlement" of a widow in the parish of her deceased hus- 
 band attach to an illegitimate child, borne by her after his 
 death ; 5 and the same principle would apply to the case of ille- 
 gitimate children born prior to marriage. 
 
 SECTION III. 
 
 SETTLEMENT BY PARENTAGE. 
 
 69. The settlement of children not emancipated 6 is deter- 
 
 1 Hay, June 13, 1850 (12 S. R. 2d Ser. 1019). 
 
 * Gray v. Fowlie, March 5, 1847 (9 S. R. 2d Ser. 811). 
 
 3 Hay (Rodgers), Nov. 23, 1852 (15 S. R. 2d Ser. 67). This appears 
 also to be the law of England. St Giles v. Eversley (2 S. C. 116). 
 
 * Dinwiddie, April 17, 1849 (Shaw's Just. Cases, 215). 
 3 Hay (Rodgers), Nov. 23, 1852 (15 S. R. 2d Ser. 67). 
 
 6 The term " emancipation " is somewhat vague when used in refer- 
 ence to questions of settlement. It has been adopted, however, as being
 
 56 OF SETTLEMENT. < H.U J . III. 3. 
 
 mined by that of their parents, whether acquired prior or sub- 
 sequent to the birth of the children. 
 
 Legitimate children follow the settlement of their father ; l 
 but if the mother, after her husband's death, acquire a new 
 settlement for herself by residence, this new settlement will 
 also be that of the children. 2 There has been no decision as 
 to whether, in the event of the father having no known settle- 
 ment, the children would be held to have the benefit of the 
 mother's maiden settlement. Illegitimate children follow the 
 settlement of their mother, 3 even where the father is known ; 
 as the law still holds the father of a bastard to be uncertain. 4 
 Should this legal uncertainty, however, be removed by a sub- 
 sequent marriage between the parents, the children thus legi- 
 timated would necessarily have their settlement transferred to 
 their father's parish. The same rules which regulate the 
 derivative settlement of legitimate children, in reference to 
 their father's settlement, apply to that of bastards in reference 
 to their mother's. See supra, 68, and infra, 73. 
 
 70. The child will be held to be settled in the parish of the 
 legal settlement of the parent, although that have been acquired 
 by the residence of the parents of the child's parent, while the 
 latter was in pupillarity and continuing a member of the 
 family, though actually residing with other relations in a dif- 
 ferent parish. 5 
 
 71. The death of the parent, though prior to the application 
 for relief, does not deprive the children of the benefit of his 
 settlement. 6 
 
 the technical phrase in use in the English law. As to the period of 
 emancipation in reference to this subject, bee infra, 75, et scq. 
 
 1 Coldinghain, July 28, 1779 (M. 10582). Howie, Jan. 25, 1800 (M. 
 App. Poor, 1). 
 
 J Coldingham, July 28, 1779, as reported by Tait (5 Brown's Sup. 589). 
 Crieff, July 19, 1842 (4 S. R. 2d Ser. 1538). By the law of England, 
 legitimate children enjoy the benefit of their mother's settlement, when 
 that of their father is unknown. Rex v. St Botolph's (Burr. S. C. 367). 
 
 * Rescobic, Nov. 28, 1801 (M. 10589). Gladsmuir, June 11, 1806 (M. 
 App. Poor, 5). 
 
 * Edinburgh, June 11, 1806 (M. App. Poor, 6). 
 
 * Lasswade, March 6, 1844 (6 S. R. 2d Ser. 1166). 
 
 8 Coldingham, July 28, 1779 (M. 10582). Gladsmuir, June 11, 1806 
 (M. App. Poor, 5).
 
 CHAP. III. 5 3. OF SETTLEMENT. 57 
 
 m 
 
 72. It was once found, that orphan children who had not 
 resided three years in any parish, had no settlement in their 
 parents' parish, but must be maintained by that of their own 
 birth, " in respect they had not resided three years in any 
 other parish." l But this decision has been overruled in sub- 
 sequent cases ; and it may now be considered as fixed, that the 
 residence of the child (whether in family with the parent, or 
 in a different parish) is of no importance as to the question of 
 its settlement. So it had been found in a prior case, in which, 
 after the father's death, the child had removed with her mother 
 to a neighbouring parish, where they had resided for upwards 
 of three years without charity. There the Court held, that 
 the parish in which the father had acquired a settlement by 
 residence prior to his death, and in which also the child had 
 been born, was bound to maintain her, and not the parish of 
 her own residence. 2 The same principle was followed in a 
 later case. A child, born in Arbroath, was removed with her 
 parents a few days thereafter to the parish of St Vigean's, 
 from whence she was sent, before the expiry of three years, 
 to the neighbouring parish of Alyth, and she resided in Alyth 
 with an aunt for five years. The father, in the mean time, 
 continued to live in St Vigean's for considerably more than 
 three years. On his enlisting as a soldier, and deserting his 
 family, the Court found that the parish of St Vigean's, where 
 he had acquired a settlement, was liable to support his child, 
 and assoilzied the parish of the birth, and that of the child's 
 own residence. 3 In like manner, where a bastard, born in the 
 parish of Salton, was taken to the parish of Gladsmuir imme- 
 diately after her birth, and resided there with her grand- 
 mother for ten years, after which she went to live with her 
 mother, who had, in the mean time, acquired a settlement by 
 residence, and subsequently by marriage, in the parish of 
 Preston, she was found, after her mother's death, to have her 
 settlement in Preston, although she herself had not resided 
 there for three years. 4 
 
 1 Melrose and Stitchel, Jan. 24, 1786 (M. 10584). 
 
 2 Inveresk, March 3, 1657 (M. 10175). 
 
 s Howie, Jan. 25, 1800 (M. App. Poor, 1). 
 
 4 Gladsmuir, June 11, 1806 (M. App. Poor, 5). See also Lasswade, 
 March 6, 1844 (6 S. R. 2d Ser. 1166).
 
 58 OF SETTLEMENT. CHAP. III. 3. 
 
 73. Iii this case, the mother had first acquired a settlement 
 by residence, and had thereafter married a man having also a 
 settlement in the. same parish ; and in the case of Lasswade, 
 also referred to, in which a similar decision was given, the 
 settlement of the mother belonged to her in respect of her 
 father's residence during her own pupillarity, while she was 
 residing with other relations in a different parish. These deci- 
 sions, however, might not be held to have determined the 
 question, whether a woman acquires, by marriage, the settle- 
 ment of her husband, not only for herself, but for her children 
 also. In the English law, this distinction has been admitted 
 between a settlement acquired by a woman in her own right, 
 and one acquired in right of her husband ; so that if a woman, 
 prior to her marriage, acquire a settlement in her own right, 
 and after her husband's death acquire a new settlement by a 
 second marriage, her children of the first marriage, if the 
 father's settlement be unknown, possess that acquired by her 
 in her own right (which quoad herself is suspended), and not 
 the settlement of her second husband. And the same principle 
 has recently been given effect to by our own Courts, who have 
 found that a child by a former marriage has no claim on 
 the parish in which its mother, having subsequently married, 
 had had a joint residence with her second husband for the 
 requisite period j 1 and also that a bastard borne by a widow 
 has no claim on the parish in which she has her settlement 
 through her husband deceased. 2 
 
 74. The settlement by parentage ceases on the child's acquir- 
 ing a settlement of his own by residence, or, in the case of a 
 daughter, by marriage. 
 
 75. A settlement so acquired, subsists till discharged by the 
 acquisition of another settlement, 3 except in so far as, under the 
 8 and 9 Viet. c. 84, 76, where the parent's settlement is one 
 acquired by residence, the benefit of it may be lost by mere 
 lapse of time and absence on the part of the child. 4 
 
 1 Dinwiddie, April 17, 1849 (Shaw's Just. Cases, 215). 
 
 2 Hay (Rodgcrs), Nov. 23, 1852 (15 S. R. 2d Ser. 67). The former 
 of these cases M*as decided on Circuit, but the judgment was expressly 
 approved of by the Court in deciding the latter. 
 
 Lasswade, March 6, 1844 (6 S. R. 2d Ser. 1166). 
 4 Hume, Dec. 22, 1849 (12 S. R. 2d Ser. 411).
 
 CHAP. III. 3. OF SETTLEMENT. 59 
 
 76. After emancipation, the child will not follow the settle- 
 ment of his father, subsequently obtained. 
 
 77. A great variety of questions has occurred in England 
 as to the circumstances which emancipate a child ; but it is 
 unnecessary here to notice them particularly. 
 
 78. The general principle of the law of England is stated 
 by Lord Kenyon in these words : l " The rule to be extracted 
 from the cases is this : If the child be separated from its pa- 
 rents, and without marrying, or obtaining any settlement for 
 himself, return to them during the age of pupillage, he is, to 
 all intents, a part of his father's family, and his settlement 
 will vary with that of his father ; but if, when the time arrives 
 at which, in estimation of law, the child wants no further pro- 
 tection from the father, the child remove from the father's 
 family, he is not, for the purpose of a derivative settlement, to 
 be deemed part of that family." 
 
 79. In Scotland few questions relative to this subject have 
 arisen, but a rule differing somewhat from that of the law of 
 England has recently been given effect to. It had been for- 
 merly found, that a boy of fourteen, by serving an appren- 
 ticeship for three years in a parish different from that of his 
 father, acquires a settlement in his own right, and of course 
 loses his derivative settlement ; 2 and, in another case, where a 
 father had left the parish in which he had acquired a settle- 
 ment, and in which his daughter was born, when the daughter 
 was six years of age, and had resided in another parish for 
 more than three years, the daughter living elsewhere with 
 other relatives, and had thereafter gone to live in a third 
 parish, in which he continued to reside till his death, and 
 acquired a settlement, while at the same time the daughter 
 being about thirteen years of age, had gone into service, and 
 continued thenceforward to work for herself, though without 
 remaining three years continuously in any one parish so as to 
 gain a new settlement, it was held that she had not followed 
 the last acquired settlement of the father, but was to be held 
 
 1 Lord Kenyon in Rex v. Roach, 6 T. R. 427. 
 
 2 Cockburnspath, June 9, 1809 (F. C.) It is not a settled point that 
 the same result would not follow, though for part of the time the child 
 was in pupillarity. Hay (Rodgers), Nov. 23, 1852 (15 S. R. 2d Ser. 67.)
 
 GO OF SETTLEMENT. CHAP. III. 4. 
 
 settled in the parish in which he had resided during the inter- 
 mediate period while she was in puberty, though not actually 
 living in family with him. 1 The principle adopted by the Court 
 appears to have been that, when a child, though under ma- 
 jority, separates from the father's family in a capacity of gain- 
 ing a settlement for himself, and is actually in course of doing 
 so, though from not continuing sufficiently long time in any 
 one parish he does not acquire one, he will not follow a new 
 settlement of the father's. 
 
 80. A daughter is necessarily emancipated by her marriage. 2 
 
 SECTION IV. 
 
 SETTLEMENT BY BIRTH. 
 
 81. When a pauper has no other settlement, he is entitled 
 to be supported by the parish where he was born. 3 But 
 paupers cannot have recourse on the parish of their birth, 
 during the subsistence of a settlement by residence, 4 by mar- 
 riage, 5 or by parentage. 6 
 
 82. Some important questions have recently been tried, for 
 the first time, as to whether, when there is no subsisting resi- 
 dential settlement, the burden of maintaining a pauper falls 
 upon the parish of his own birth, or upon that of his father's 
 birth. The first case which arose had reference to an adult 
 lunatic, whose father was alive ; and the Court, in accordance 
 with the opinion of a large majority of the whole judges, 
 
 1 Lasswade, March 6, 1844, (6 S. R. 2d Scr. 956). 
 
 3 1 Bank. 6, 13. 1 Ersk. 6, 64. 
 '1579, c. 74,1672, c. 18. 
 
 *Dunsc, June 5, 1745 (M. 10553). Crailing, March 7, 1767 (M. 
 10573). Dalmellington, January 22, 1822 (1 S. & D. 259). 
 
 4 Pennicuick, March 3, 1813. (F. C.) 
 
 Coldingham, July 28, 1779 (M. 10582). Howie, January 25, 1800 
 (M. App. Poor, 1). Rcscobie, Nov. 28, 1801 (M. 10589). Gladsmuir, 
 June 11, 1806 (M. App. Poor, 5). Notwithstanding the case of Stitchel 
 and Melrose, January 24, 1786 (M. 10584), which is now disregarded. 
 Lasswade, March 6, 1844 (6 S. R. 2d Ser. 956).
 
 CHAP. III. S 4. OF SETTLEMENT. 61 
 
 V 
 
 decided that it was the parish of his own birth which was 
 liable for his maintenance. 1 In this case it did not appear 
 clearly on the record whether the pauper had been a lunatic 
 from his birth ; so that the decision did not necessarily rule 
 the case of children who were still members <ftf their father's 
 family. But shortly afterwards the question was raised in two 
 cases as to children unemancipated, whose fathers had deserted 
 them or had been transported ; and the Second Division of the 
 Court here also found that the burden of maintaining the chil- 
 dren lay on the parish of their own birth, and not on that of the 
 father's birth. 2 An appeal, however, in one of the cases last 
 mentioned having been taken to the House of Lords, the judg- 
 ment of the Court was reversed, and the general principle was 
 laid down, that the relation of the child to the father's birth- 
 settlement is the same with that to his settlement by residence. 3 
 The same principle would seem to apply to the case of a widow 
 in reference to the birth- settlement of her husband. 
 
 83. Where a child, after emancipation, or a widow, after the 
 death of her husband, loses by lapse of time a residential 
 settlement possessed by the father at the date of the child's 
 emancipation, or by the husband at the date of his death, it 
 would rather seem though the question is not unattended 
 with difficulty that the emerging settlement on which the 
 child or widow would, on such loss, fall back, should be that of 
 their own birth, and not that of the birth of the father or hus- 
 band, which had not been, at the date of emancipation or 
 widowhood, the settlement of the child or widow. 
 
 84. It was in one case held, that where an infant child had 
 been exposed, the parish of exposure was liable primarily to 
 that of the birth ; 4 but the soundness of that judgment seems 
 extremely questionable ; and although no similar case has sub- 
 sequently occurred, it would not probably be followed as a 
 precedent. Indeed, in a later case, 5 in which the liability to 
 
 1 Thomson, July 19, 1850 (12 S. K. 2d Ser. 1266). 
 * Thomson, Feb. 13, 1851 (13 S. R. 2d Ser. 783). Barbour, July 2, 
 1851 (Id. 1279). 
 8 Adamson v. Barbour, May 30, 1853 (15 S. R. 2d Ser. H. of L. 46). 
 
 4 Inveresk v. Tranent, June 29, 1737 (M. 10552). 
 
 5 Rescobie, Nov. 28, 1801 (M. 10589).
 
 62 OP SETTLEMENT. CHAP. III. 4. 
 
 support a child was disputed, and in which the parish of the 
 parents' residence, that of the child's birth, and that of its 
 exposure, were all in the field, it does not seem to have been 
 contended that the parish of exposure could in any event be 
 liable ; and certainly no countenance is given by any of our 
 acts of Parliament to the doctrine, that the circumstance of a 
 child's exposure in a parish, creates any liability on that 
 parish to support it. If the place of birth and the settlement 
 of the father were unknown, it would probably be held that 
 the parish of exposure, as the only one with which it had 
 any connection, would be deemed to be that of its birth, and so 
 bound to support it ; but, further than this, the rule adopted 
 in the case of Tranent cannot extend. 
 
 85. A child, as already stated, is not entitled to claim sup- 
 port from the parish of its birth, if the father have another 
 settlement. But the case is different where the father has no 
 settlement, and has deserted his family. Here it may justly 
 be contended, that as the child lias not acquired any settle- 
 ment by parentage, his original settlement by birth must sub- 
 sist ; and in the analogous case of a wife, whose husband was 
 an Englishman who had no known settlement, and had deserted 
 her, the Court have recently decided that she was entitled to 
 permanent relief from the parish of her maiden settlement. 1 
 
 86. By the law of England, a child, whose mother has re- 
 moved fraudulently into a neighbouring parish, for the pur- 
 pose of being delivered, is held to be born in the parish from 
 whence the mother removed ; and it has been determined in 
 this country, in such a case, where the mother had removed 
 secretly into a neighbouring parish, for the purpose of being 
 delivered of a bastard child, that the child had no settlement 
 in the parish where it was so born. 2 But the question was 
 not raised, whether the parish from whence the mother had 
 removed was to be considered as if it were the place of birth. 
 The principle of the decision, however, would certainly lead 
 to this inference. It might reasonably be held on a like prin- 
 ciple, that where a woman having her residence for the time 
 in one parish, went to a maternity hospital or lying-in asylum 
 
 1 Hay, June 13, 1850 (12 S. R. 2d Ser. 1019). 
 
 1 Dalmellington, January 22, 1822 (1 S. R. 1st Ser. 259).
 
 CHAP. III. 5. OF SETTLEMENT. 63 
 
 situated in an adjoining parish for the purpose of being de- 
 livered, and thereafter returned to that residence, her child 
 should be dealt with, in reference to a question of settlement, 
 as if born at the place of its mother's residence. 
 
 87. In like manner, it would probably be held with us (as 
 it has deen determined in England), that the parish of actual 
 birth is not to be considered the place of settlement in cases 
 such as where the mother, being a pauper, is delivered in the 
 course of her compulsory removal to her own parish, 1 or dur- 
 ing confinement in prison, 2 or in a house for reception of the 
 poor, or an hospital, not in the parish where she was dwelling 
 during her pregnancy, 3 or the like. 
 
 SECTION V. 
 
 REMOVAL OF PAUPERS. 
 
 88. By the act 1579, c. 74, paupers unable to support them- 
 selves (with the exception of " leprous peopil and bedfast 
 peopil, quilkes may not be transported "), are ordained to re- 
 move to the parish of their settlement, under the penalty of 
 being held and treated as vagabonds. This statute provides, 
 that the heritors and kirk-sessions, and the magistrates in 
 burghs, shall give testimonials to the poor passing to their 
 own parishes, who shall be entitled to beg by the way, " sa 
 as they pass the direct way, not resting twa nichts togidder 
 in ony ane place, without occasion of seeknesse or storm im- 
 peding them." 
 
 89. In the event of paupers refusing to pass to their own 
 parishes, but continuing to beg, and so becoming liable to be 
 held as vagabonds, an order of transporting them is directed 
 to be enforced by the proclamation ] 1th August 1692, which 
 charges all the lieges " to apprehend such beggars as they 
 shall find vaguing without their own parish, and forthwith 
 
 1 Rex v. Jane Gray (S. R. 41). Boreham and Waltham (3 Cath. 
 397). 
 
 2 54 Geo. III. c. 170, 2. Ellsing v. Hereford (1 Sess. Cases, 99). 
 
 3 54 Geo. III. c. 170, 3.
 
 64 OP SETTLEMENT. CHAP. 1IJ. 5. 
 
 carry them to the principal heritor of the parish where they 
 were apprehended, if it be in landward, and to one of the bai- 
 lies in towns, who. shall examine the beggar in the shire and 
 parish where he was born, and shall direct him forthwith to 
 the nearest parish that lies in the road to the parish of his 
 birth, and deliver him to the nearest heritor that lies in that 
 highway in the next parish; and so forth from parish to 
 parish in the same road, until he arrive at the parish of his 
 nativity ; who shall then list him and entertain him amongst 
 the poor. And the heritors to whom the vagabonds are deli- 
 vered, are hereby authorised and required to send two fen- 
 cible men of their parish to convey every beggar to the heritor 
 of the next parish, and to send a note of the beggar's name, 
 and the parish where he was born, 1 which is to be delivered 
 to the next heritor who receives him ; and every heritor who 
 receives him is to return a note signed of his own writ, and 
 so from heritor to heritor, in every several parish." 
 
 It is further provided, that if the beggar shall attempt to 
 make his escape in the course of his transportation, he shall 
 be scourged, and fed on bread and water during the rest of his 
 journey. 
 
 Heritors failing in the duty of sending such beggars, are de- 
 clared liable to a fine of L.20 Scots, toties quoties, for behoof 
 of the poor ; and the fencible men failing or refusing to con- 
 vey them, in two merks Scots, to be applied in the same way. 
 These fencible men, it is also declared, shall be chosen by turns 
 in each parish. 
 
 By the 8 & 9 Viet. ( 72), it is provided, that if the parish 
 of settlement shall not, within a reasonable time after notice, 
 remove the pauper, or make provision for his support to the 
 satisfaction of the relieving parish, the latter parish may 
 cause him to be removed to the parish of settlement (unless 
 where, from sickness or infirmity, he is incapable of being 
 removed), and may recover from that parish the expenses of 
 removal. 
 
 90. No one can be removed from a parish in which he has 
 no settlement, merely on suspicion that he may become charge- 
 
 1 Tliis proclamation erroneously adopts the birth of the pauper as the 
 rule for fixing his settlement.
 
 CHAP. III. O. OF SETTLEMENT. 65 
 
 able, or even although he do not support himself, so long as he 
 does not beg. 1 
 
 91. A practice of late years became prevalent, of " warning 
 away" (as it was called) persons settling in a parish, who, it is 
 supposed, may ultimately require parochial support. This was 
 done with the view of putting the party warned in mala fide, 
 so as to prevent him from acquiring a settlement. However 
 advantageous it may be to the parish funds to create such a 
 belief, there is no authority for giving to such warning the 
 effect of depriving persons of the privilege which the law has 
 conferred on residence. 
 
 92. By the recent statute ( 77-9), provision is made for the 
 removal of poor persons born in England, Ireland, or the Isle of 
 Man, " not having acquired a settlement in any parish or com- 
 bination in Scotland," who " shall be in the course of receiving 
 parochial relief " in any such parish. 2 For this purpose, the 
 sheriff, or any two justices of the peace, of the county in which 
 the parish affording relief lies, are empowered, on the applica- 
 tion of the inspector of the poor of such parish, or other officer 
 appointed by the parochial board, to cause such person to be 
 brought before them, and to inquire into the circumstances ; 
 and " if it shall be found by such sheriff or justices, that the 
 person so brought before them was born either in England, 
 Ireland, or the Isle of Man, and has not gained any settlement 
 in Scotland, and has actually become chargeable to the com- 
 plaining parish or combination, by himself or his family," they 
 are further empowered, by an order of removal under their 
 hand, " 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 expense of the com- 
 plaining parish, to England, or Ireland, or the Isle of Man 
 respectively ;" it being provided, that no one shall be so re- 
 moved without a certificate, on soul and conscience, having 
 been previously obtained from a regular medical practitioner, 
 that the health of the parties is such as to admit of their 
 
 1 In England, it was only by the 35 Geo. III. c. 101 that persons were 
 declared not to be removeable until " they shall have become charge- 
 able." By a bill now in dependence (1854), it is proposed to abolish 
 the ower of removal in respect of settlement elsewhere. 
 
 E
 
 66 OF SETTLEMENT. CHAP. III. 5. 
 
 removal. The order thus given, is to have force beyond the 
 limits of the jurisdiction of the sheriff or justices granting it, 
 without being baked by any other judge or magistrate of in- 
 tervening places ; and the officer, constable, or " other person," 
 to whom such order shall be delivered for the purpose of its 
 being carried into execution, is invested with the powers of 
 a constable for every county and place through which he has 
 occasion to pass, until the parties to be removed shall have 
 arrived at the place to which they have been ordered to be 
 removed. The parochial board or the inspector may, with 
 consent of the poor persons themselves, make arrangements for 
 their removal by land or water. 
 
 Parties so removed returning to Scotland, and, without having 
 acquired a settlement there, applying for relief, or becoming 
 chargeable by themselves or their families to the same parish 
 from which they were removed, are to be deemed vagabonds 
 under the act 1579, c. 74, and are made liable to punishment 
 by imprisonment for such period, not exceeding two months, 
 as the sheriff shall think proper.
 
 07 
 
 CHAPTER IV. 
 
 OF RELIEF AND RECOURSE. 
 
 93. THE nature and amount of the relief to be afforded to 
 any individual pauper, falls to be determined, in the first in- 
 stance, by the parochial board. They may award a certain 
 periodical sum, leaving the pauper to procure for himself with 
 it the necessaries of life, 1 but they are not bound to grant an 
 aliment for any fixed and definite future period ; 2 they may 
 establish the paupers in poors'-houses together, 3 or separately 
 in lodgings with private individuals, 4 and supply them with 
 meat and clothes, (or allow them a sum of money for that 
 purpose,) and also with medicines and medical attendance ; or, 
 in fact, they may provide for them in the manner which they 
 shall deem most expedient in the circumstances of the case ; 
 but, in whatever way provided, the allowances made must 
 amount to " needful sustentation." 5 What allowance shall be 
 held to amount to " needful sustentation," must, of course, 
 
 1 1579, c. 74. 1672, c. 18. 
 
 z Robert, Feb. 5, 1825 (3 S. R. 1st Ser. 500). 
 
 3 By the recent statute ( 65) the parochial board of a parish in which 
 there is a poors'-house, may receive into it paupers from other parishes 
 at rates to be approved by the board of supervision ; and such paupers, 
 it is provided, shall be subject, in the workhouse, to the sa'me discipline 
 as the other inmates. 
 
 * 1579, c. 74. 1661, c. 38. 
 
 5 Duncan v. Parish of Ceres, Feb. 14, 1843 (5 S. R. 2d Ser. 552). 
 Halliday, June 11, 1844 (6 S. R. 2d Ser. 1131). Halliday, June 16, 
 1845 (7 S. R. 2d Ser. 1057). Parochial boards are required by the 7 & 
 8 Viet. c. 83, ( 69), to provide out of the funds raised for relief of the 
 poor, " medicines, medical attendance, nutritious diet, cordials, and 
 clothing, for such poor, in such manner and to such extent as may seem 
 equitable and expedient."
 
 68 OF RELIEF ASD RECOURSE. CI1AP. IV. 
 
 depend on the peculiar circumstances of each case. In the 
 first of the cases in which the Court entertained an advoca- 
 tion in regard to the quantum of aliment, they held that 3s. 
 6d. per week was inadequate for a widow earning from Is. to 
 Is. 6d. per week, and having six children resident in family 
 with her, the youngest under two years of age, and the eldest, 
 a daughter, who earned from 2s. to 3s. a-week, under four- 
 teen. 1 In another case, they decided that L.6 and ten carts of 
 peat per annum, with a hut to live in, did not afford needful 
 sustentation to two old women, the one eighty-four, and the 
 other eighty-six years of age. 2 And they afterwards, in the 
 peculiar circumstances of this case, decerned for a money 
 allowance of 3s. 6d. each per week ; altering a resolution of the 
 heritors and session to board them with another woman, and 
 supply them under her charge with provisions in kind, at the 
 sight of a committee appointed to see that the paupers were in 
 all respects attended to. 3 
 
 94. An offer to take an applicant for relief into a poors'- 
 house is in general a sufficient offer of relief, though the Court 
 would probably exercise a control if made nimiously ; but in 
 a case where such offer was made to an aged and infirm 
 woman, who had a daughter living with her, and taking care 
 of her, it was nevertheless held to be sufficient relief. 4 In 
 another case, where an able-bodied woman, with one child, 
 applied for relief for the child, it was found that an offer to 
 receive both her and her child into the poors'-house was a 
 sufficient offer of relief, and that she was not entitled to insist 
 on the child alone being taken in. 5 
 
 95. The act 1672, c. 18, empowered the heritors and kirk- 
 session to grant the pauper a badge, or token, to entitle him 
 to beg within the bounds of the parish ; 6 but it would seem 
 that it was in the option of the pauper to avail himself of this 
 permission, or to insist on support from the parochial funds. 
 
 96. Such poor as are able to do some work may be employed 
 
 1 Duncan, ut supra. * Halliday, ut supra. 
 
 Halliday, July 16, 1845 (7 S. R. 2d Ser. 1057). 
 4 Watson, Feb. 26, 1853 (15 S. R. 2d Ser. 448). 
 
 * Mackay, July 20, 1853 (15 S. R. 2d Ser. 971). 
 
 1672, c. 18.
 
 CHAP. IV. OF RELIEF AND RECOURSE. 69 
 
 by the parish, and the proceeds either applied to their indi- 
 vidual relief, or added to the general fund j 1 and those who 
 refuse to work, so far as they are able, or beg without licence 
 or beyond the bounds of the parish, are liable to be treated as 
 vagabonds. 2 
 
 97. By the act 1617, c. 10, 3 poor children might be de- 
 livered, by the magistrates of burghs or the kirk-sessions of 
 the parishes where they were found, to any of his Majesty's 
 subjects, who were declared to have right to their services, 
 and to any gains they might make by their labour, until they 
 attained, the age of thirty years. To authorise this temporary 
 slavery, the consent of the children themselves was necessary, 
 if they were above fourteen years old ; and if they were under 
 that age, that of their parents, or, where these were dead or 
 unknown, of the magistrates and kirk-sessions. Erskine 4 quotes 
 this act as being still in observance ; but it certainly is not now 
 resorted to in practice. Whether or not, in the present day, 
 it would be held to warrant the enforcing of the compulsory 
 service of poor children for the full period of thirty years, it 
 may certainly be considered as in sufficient observance to the 
 effect of authorising the heritors and kirk-sessions to employ 
 the child, if of suitable age, at some labour, or bind him to 
 some trade for a reasonable period of apprenticeship, and to 
 withhold parochial relief, in the event of the parents refusing 
 to consent to the child being so disposed of. 
 
 98. When the parish refused to grant relief, as well as 
 when the liability to support a pauper was disputed between 
 two parishes, it was the practice for a long period to resort 
 indiscriminately to the justices of peace, 5 the sheriff, 6 the com- 
 missaries, 7 or the supreme court; 8 and all these courts were 
 in use, not only to determine which parish was liable, and to 
 ordain the heritors and kirk-sessions to afford relief, but also 
 to fix the quantum of aliment to be given. It was, however, 
 
 1 1579, c. 74. 2 1579, c. 74. 1661, c. 38. 
 
 3 Repeated by 1672, c. 18, and Proclamation, llth August 1692. 
 
 4 1, 7, 61. Dunse, June 5, 1745 (M. 10553). 
 
 CraHing, March 7, 1767 (M. 10573). Hutton, December 6, 1770 
 (M. 10574), &c. 
 
 7 Inveresk, June 29, 1737 (M. 10552). 
 
 8 Inveresk, March 3, 1757 (M. 10571).
 
 ,' OF KKLIEF AND KECOUHSE. CHAP. IV. 
 
 ultimately settled under the former law, that no inferior judge 
 had any power to determine on a claim for relief in the first 
 instance, nor to review the decision of the heritors and kirk- 
 session on such questions. 1 But by the 8 & 9 Viet., parties 
 refused relief are authorised to apply to the sheriff, who, if 
 satisfied, on the facts as stated, that the applicant is legally en- 
 titled to relief, must grant an order at once on the inspector, 
 for interim relief, till answers be given in for him. The sheriff 
 is then directed to cause a record to be made up, and if neces- 
 sary, to allow a proof, with power to continue the interim sup- 
 port till judgment be pronounced on the merits of the cause ; 
 implying, of course, that on the merits the sheriff may decide 
 whether he be or be not entitled to relief. The sheriff, how- 
 ever, cannot decide on the amount of the relief to be given. 2 
 
 It is only on refusal of relief that recourse can be had to the 
 sheriff; but in a case where an Irish widow, with two children 
 born in Scotland, had applied to the inspector of the parish in 
 which they were born for relief to them, and where relief was 
 given on two consecutive occasions, but with an intimation that 
 if the application were renewed she would be sent to Ireland, a 
 petition to the sheriff, on the discontinuance of the relief, was 
 held competent, on the ground that there had been a construc- 
 tive refusal. 3 
 
 99. The Court of Session, as the supreme civil court, has 
 the power of reviewing the determination of the parochial board 
 on the several questions above mentioned, including that of 
 the adequacy of the allowance made; but with reference to 
 this last point, they have been excluded by the recent statute 
 ( 75), from entertaining any action for the purpose of bring- 
 ing under their review the decision of the parochial board as 
 
 1 Dunse, June 5, 1745 (M. 10553). Paton, Nov. 20, 1772 (M. 10577). 
 Coldingham, July 28, 1779 (M. 10582). Abbey Parish of Paisley, Nov. 
 29, 1821 (1 S. R. 1st Scr. 177). Higgins, July 9, 1824 (3 S. R. 1st Ser. 
 239, Note). The dictum in the subsequent case of Morrison (Jan. 14, 
 1831, 9 S. R. 1st Ser. 269), in opposition to the doctrine stated in the 
 text, and supported by these decisions, must have fallen from the Court 
 per incuriam. 
 
 7 73. 
 
 3 Willock, JIIIH- !), 1848 (Id S. R. 2d Scr. 1259).
 
 CHAP. IV. OP BELIEF AND RECOURSE. 71 
 
 to the quantum of aliment, " unless the board of supervision 
 shall have previously declared that there is a just cause of 
 action." According to the provisions of that statute, when 
 a pauper deems that he has ground of action as to the amount 
 of the aliment allowed, he must lodge a complaint with the 
 board of supervision, who are directed to investigate the 
 nature and grounds of such complaint, and if they deem them 
 well founded, they are to declare, in a minute, their opinion 
 that he has a just cause of action, a certified copy of which 
 minute is a sufficient warrant for his admission to the benefit 
 of the poor's roll in the Court of Session to sue in forma 
 pauperis; and the board of supervision has power, after an 
 action shall actually have been raised by him, to award him 
 such interim aliment as to them may seem just during the de- 
 pendence of the action. 1 
 
 The declaration by the board of supervision is not required in 
 regard to refusals before the act, though the process have not 
 been instituted till after its passing. 2 
 
 100. Ad vocation is the proper form for the purpose of bring- 
 ing a judgment of the parochial board before the Court of 
 Session. 
 
 A summary process of aliment is an inept mode of compel- 
 ling the parish to grant relief; 3 an ordinary action at instance 
 of the pauper would be equally so, the parochial board being 
 a court, and in a totally diiferent situation from a private party 
 liable in aliment. 4 
 
 Both the heritors and the kirk-session must have been made 
 parties to any process against them. It was not sufficient to 
 call the heritors or the kirk-session alone ; but the board, as 
 one body, might sue and be sued as a corporate society. 5 
 Where, however, an action had been raised against the minis- 
 ter and certain heritors of a parish, as representing the heritors 
 and kirk-session, and the heritors and kirk-session appeared 
 
 1 74. * Gunn, March 6, 1847 (9 S. B. 2d Ser. 865). 
 
 3 Higgins, July 9, 1824, (3 S. R. 1st Ser. 139). * Ibid. Note. 
 
 5 Dairy, Nov. 17, 1791 (M. 14557). This case had reference to a mor- 
 tified fund, of which the heritors and kirk-session had assumed the ma- 
 nagement, on the failure of the nominated trustees. The same principle, 
 however, would hold in reference to the ordinary parochial funds.
 
 71' OF HEL1KI AM) KIXOI I CHAP. IV. 
 
 as parties and litigated the cause, it was held that they were 
 not afterwards entitled to object that they had not been pro- 
 perly called. 1 
 
 The parochial board may now sue and be sued through their 
 inspector. 2 
 
 101. By the 8 & 9 Viet., the parish in which a destitute 
 pauper applies for relief, though not the parish of settlement, 
 is bound to maintain him till that be ascertained ; but when such 
 interim aliment has once been applied for and obtained in a 
 parish, not being the parish of settlement, that parish cannot 
 throw the burden of interim maintenance on another such 
 parish, by inducing the pauper to remove into it, and affording 
 the means of doing so, the original destitution still continuing. 3 
 
 Where, however, application has been made for interim re- 
 lief in a parish, not that of settlement, but has been refused, 
 and the applicant, without appealing to the sheriff against the 
 refusal, subsequently removes into another such parish, and 
 applies for and obtains interim relief there, the latter parish 
 cannot have recourse on the former, but must continue to bear 
 the burden till the parish of settlement be ascertained. 4 
 
 102. Where a pauper, during a discussion of his claim for 
 relief, has been supported by a parish, or by individuals not 
 legally bound to maintain him, it had been decided prior to 
 the late statute, that they were entitled to be reimbursed, 
 by the parish ultimately found liable, of the sums advanced 
 since the date of the application for relief, although that appli- 
 cation had been made to the wrong parish. 5 By that act it is 
 specially provided that a parish affording relief to a pauper 
 having his settlement elsewhere, shall not be entitled to recover, 
 from the parish of settlement, any charges or expenses incurred 
 prior to their having given written notice of the pauper " having 
 
 1 Orr, July 9, 1831 (9 S. R. 1st Ser. 928). 
 1 8 & 9 Viet. c. 83, 57. 
 
 * Brown, May 29, 1851 (13 S. R. 2d Ser. 1009). 
 
 4 Williamson, December 17, 1850 (18 S. R. 2d Ser. 335). Au opinion 
 was expressed on the bench in this case, that the proper course for the 
 second parish to have adopted was to have appealed to the Sheriff', in 
 name of the pauper, against the refusal of relief by the firct parish. 
 
 Rescobie, Nov. 28, 1801 (M. 10589). Howie, January 25, 1800 
 (M. App. Poor, 1).
 
 CHAP. IV. OF RELIEF AND RECOURSE. 73 
 
 become chargeable" to the inspector of the parish of settle- 
 ment. 1 
 
 Such notice is not of course necessary to entitle a parish to 
 recover sums advanced prior to the passing of the act; but 
 doubts have been entertained whether, in reference to advances 
 made after that date to a pauper whose chargeability had 
 commenced prior thereto, could be recovered where notice had 
 not been given subsequent to the passing of the statute. Dif- 
 ferent opinions have been expressed on the bench as to this 
 point ; but it has not yet been settled by decision. 2 
 
 Recourse, however, will be barred by undue delay in making 
 the demand. In one of the cases quoted, where the statutory 
 notice was not required, a delay of seven years was, in the cir- 
 cumstances, held sufficient to exclude the claim. 3 
 
 The relieving parish is not entitled to recover to a greater 
 amount than at the rate expended for its own poor. 4 
 
 103. Where the relieving parish has called more than one 
 parish as defenders in an action of recourse, it is competent, 
 should the circumstances of the case warrant it, to subject the 
 parish ultimately found liable in the expenses of a co-defending 
 parish, as well as in those of the pursuing parish. 5 
 
 Where more parishes than one have been called in an action 
 of recourse, and the Lord Ordinary has decerned against one, 
 assoilzieing the others, it is competent for the Inner-House, if, 
 on a reclaiming note for the parish decerned against, they alter 
 the Lord Ordinary's judgment, to give a decree against one of 
 the other defending parishes, in favour of the pursuing parish, 
 although that parish may not have reclaimed. 6 
 
 104. As to advances by relations prior to any application for 
 relief, it was in one case found that these must be held to have 
 been made ex pietate, and could not be claimed from the parish 
 
 l 71. 
 
 2 Hay v. Knox, June 20, 1850 (12 S. R. 2d Ser. 1060). Hay v. Jack, 
 February 15, 1853 (15 S. B. 2d Ser. 388). 
 
 3 Hay v. Jack, ut supra. 4 8 & 9 Viet. c. 83, 72. 
 
 6 Lassvvade, March 6, 1844 (6 S. R. 2d Ser. 96). For circumstances in 
 which this was not held warranted, see Hay, Feb. 15, 1853 (15 S. R. 2d 
 Ser. 388). 
 
 6 Lasswade, March 6, 1844 (6 S. R. 2d Ser. 956). Thomson, July 19, 
 1850 (12 S. R. 2d Ser. 1266).
 
 74 OF RELIEF AND KECOLU.SE. i HAI'. IV. 
 
 of the pauper's settlement; 1 but in a later case, where a bas- 
 tard was supported by its mother, with the assistance of her 
 friends, aliment .was awarded from the birth of the child, 
 although no application for relief was made to the parish for 
 two years thereafter, and although no claim for repetition was 
 made on the part of her friends. 2 A similar course was fol- 
 lowed in a still more recent case of the same description, where 
 the grandmother of the bastard had supported the child, with 
 the aid of the mother, who lived in family with her, and 
 earned a certain amount of wages by her own labour, a deduc- 
 tion, however, being made in reference to the amount which 
 ought to have been contributed by the mother out of her 
 wages, which were not adequate to support both herself and 
 the child. 3 In the case of a bastard child supported by the 
 mother's father, where, with the knowledge of the kirk-session 
 of the parish of settlement, and under a certificate of poverty 
 granted by them, they were suing in forma pauperis an action 
 of aliment against the father, from whom, though decreet was 
 obtained against him, they failed to recover any thing, the 
 parish was found liable in reimbursement. 4 It will afford no 
 defence to the parish that the father, from whom no aliment 
 has been recovered, has offered to take the child from the 
 mother, she being entitled to the custody. 4 Parishes and indi- 
 viduals having maintained paupers whom they were not bound 
 in law to maintain, are entitled to pursue the parish of their 
 settlement, to the further effect of having it declared liable in 
 their future support. 5 
 
 105. An action was in one case sustained, which was brought 
 by a parish in which a pauper was resident, against that of his 
 
 1 Howie, Jan. 25, 1800 (M. App. Poor, 1). 
 
 2 Robert, Feb. 5, 1825 (3 S. R. 1st Ser. 500). In a still more recent 
 case, where the mother's father had supported the child, and the Court 
 decerned against the parish for bygone aliment, the Judges rested much 
 on the circumstance that, in order to institute an action, in forma 
 pauperis, against the father of the child, the mother and her father bad, 
 immediately after the birth, applied to the kirk-session for and obtained a 
 certificate of their poverty. Weepers, ut infra.* 
 
 Lumsden, July 18, 1846 (8 S. R. 2d Ser. 1251). 
 1 Weepers, June 20, 1844 (6 S. R. 2d Ser. 116fi). 
 * Howie, tit supra.
 
 CHAP. IV. OF KELIEF AND BECOUUSE. 75 
 
 legal settlement, to have the latter declared liable to support 
 him, although no aliment had been advanced by the parish 
 pursuing the action, and no claim made on it. 1 But in a later 
 case, the Court found that a parish, against which no claim 
 had been made for the support of a bastard child born in the 
 parish had no title to pursue an action against the father, con- 
 cluding to have found him liable in the maintenance of his 
 child ; 2 and, on the same principle, it would probably now be 
 held, that a parish in such circumstances has no title to pursue 
 an action against the parish of the settlement of a poor person, 
 whom they merely suspect to be likely to become an object of 
 parochial relief. 
 
 106. A parish may proceed by summary application against 
 the father of a bastard child, for his incarceration, until he 
 indemnify them of the past expense of supporting his child, 
 and find security to free them from the burden in future ; and 
 such application, he being first duly cited, and the paternity 
 admitted or proven, may competently be granted by justices 
 of the peace. 3 The payment of other expenses than the ali- 
 ment, however, cannot be thus summarily enforced, and it is 
 not competent to apply for immediate apprehension, as in a 
 case of meditatio fugcB. 4 See supra, 43. 
 
 107. Where a parish has alimented an individual having 
 sonic property of his own, without taking from him a convey- 
 ance thereto, they cannot, after his death, have recourse upon 
 his property, 5 except in the case of a fatuous person, who can 
 grant no conveyance. 6 On the principle which led to this 
 decision, it would probably be held, that though a pauper suc- 
 ceeded to funds after having been for some time supported by 
 the parish, he would not be liable to a claim at their instance 
 for repetition of the sums advanced for his support. 
 
 108. By the 6 Geo. IV. c. 27, it is declared lawful for the 
 heritors and kirk-session of any parish to advance to any 
 army or navy pensioner a weekly sum not exceeding the rate 
 
 1 Hutton, Dec. 6, 1770 (M. 10574). 
 
 2 Garvald, Feb. 14, 1817 (F. C.) 
 
 3 Pollock, Nov. 12, 1829 (8 S. R. 1st Ser. 1). 
 
 4 Pollock, ut supra, and also same parties (8 S. B. 1st Ser. 7). 
 
 * M'Lauclilan, Jan. 25, 1828 (6 S. R. 1st Ser. 443). Ibid.
 
 76 OF RELIEF AND RECOURSE. CHAP. IV. 
 
 "t 1 his pension, to be repaid out of the next quarterly or other 
 payment, and to make an assignment therefor ; ' in virtue of 
 which they may obtain payment of the pension when it falls 
 due ; it being provided, however, that no such assignment 
 shall entitle the heritors and kirk-session to receive any pay- 
 ment if the pensioner shall die before the time when it would 
 have become payable to him. The payments so drawn by the 
 heritors and kirk-session are to be applied to their reimburse- 
 ment, and the residue to be accounted for by them to the 
 pensioner; and if any dispute shall arise as to this account- 
 ing, it is declared that they shall be determined summarily 
 by a justice of the peace, whose decision shall be final and 
 conclusive. 
 
 It is further provided, by the same statute, that if any pen- 
 sioner shall leave his wife and family chargeable to a parish, 
 it shall be lawful for any two justices, by order under their 
 hands, to direct payment of the allowance next falling due to 
 be made to the heritors and kirk-session, who shall be entitled 
 to receive the same, on proof that the pensioner was alive 
 when it became due ; and the allowances so received, the heri- 
 tors and kirk-session shall apply to the indemnity of the parish, 
 paying the surplus, if any, to the pensioner. 
 
 109. In a case where, on grounds of public police, the pro- 
 curator-fiscal of the Sheriff-court had taken up and supported 
 a lunatic in an asylum, he was found entitled to be reimbursed 
 by the parish where the lunatic was apprehended, though it 
 was not that of his settlement, and although no previous appli- 
 cation had been made. 2 It was declared, however, that the 
 parish might place the lunatic where he could be supported at 
 least expense, provided the procurator-fiscal was satisfied of the 
 security of the custody. 
 
 By a statute subsequently passed (4 & 5 Viet. c. 60, 5) it is 
 provided, that in such cases the procurator- fiscal may have 
 recourse, either on the parish of settlement, or the parish which 
 would be liable in interim relief, if the lunatic were a pauper. 
 
 By the 8 & 9 Viet c. 83 ( 59), it is enacted, in regard to 
 
 1 The prescribed form of snch an assignment will be found in the 
 Appendix. 
 'Scott, Nov. 13, 1818 (F. C.)
 
 CHAP. IY. OF RELIEF AND RECOURSE. 77 
 
 insane or fatuous persons, that the parochial board shall, within 
 fourteen days after he is declared or known to have become 
 insane or fatuous, provide for his being lodged in an asylum 
 legally authorised to receive lunatic patients ; they having 
 power, however, with consent of the board of supervision, 
 under special circumstances, to dispense with his removal to 
 an asylum, and provide for him in such other manner, and 
 under such regulations and inspection, as shall be approved of 
 by the board of supervision. The parochial board is further 
 required to report to the board of supervision, without delay, 
 all cases of insane or fatuous persons chargeable in their 
 parish ; and the latter board is empowered, in the event of the 
 parochial board refusing or neglecting to provide for any such 
 pauper within the fourteen days, themselves to take measures 
 for his removal to an asylum at the expense of the parish. 
 
 110. Under the older statutes, the heritors and kirk-sessions 
 were entitled to erect poors'-houses in their respective parishes 
 for the reception of the paupers belonging to these, and an 
 assessment for defraying the expense of erecting a poors'-house 
 was decided to be a legal assessment. 1 By the 8 & 9 Viet, 
 c. 83 ( 60), an express power to erect poors'-houses, or enlarge 
 any existing poors'-house, is conferred, in the case of every 
 parish or combination, the population of which exceeds (accord- 
 ing to the immediately preceding census), 5000 ; the resolu- 
 tion of the parochial board to erect or enlarge being, before 
 execution, approved of by the board of supervision, by which 
 also the plan of the proposed poors'-house, or enlargement or 
 alteration of an existing poors'-house, must be approved. 2 
 
 Power is also given to borrow money for the erection, 
 enlargement, alteration, or repair of poors'-houses, and to bur- 
 den the future assessments for the poor with the interest and 
 with repayment of the capital, in security of the loan ; it being 
 provided that the amount borrowed shall not exceed three 
 times that of the assessment raised for the immediately preced- 
 ing year, and that the repayment shall be by instalments of 
 not less than one-tenth of the capital sum borrowed, exclusive 
 of interest, in any one year ; and also, that no further sum 
 shall be borrowed, or made chargeable on the assessment for 
 
 1 Scott, Jan. 19, 1773 (M. 10577). 2 63.
 
 78 
 
 OF RI:UI:I- AND iti < (MAP. iv. 
 
 the like purposes, till the whole loan with interest shall have 
 been paid off. 1 
 
 The parochial . boards of two or more contiguous parishes 
 are, by the act, empowered, with consent of the board of super- 
 vision, to build a common poors'-house, the proportion of the 
 expense of building and maintaining it being fixed by agree- 
 ment on the part of the parochial boards ; it being provided, 
 that if an agreement for building such common poors'-house 
 shall once have been effected, none of the parishes can with- 
 draw from it, without the consent of the board of supervision 
 previously obtained. 
 
 111. For the management of poors'-houses, whether existing 
 or to be built, the parochial boards are to frame regulations 
 (which shall not be effectual, nor be acted upon, till submitted 
 to, and approved of by, the board of supervision), "for the 
 discipline and treatment of the inmates thereof, and for the 
 admission of any known minister of the reh'gious persuasion of 
 any of such inmates, for the purpose of affording religious 
 assistance to such inmates." 5 
 
 Parochial boards are required to provide medical attendance, 
 and to supply medicine to the sick inmates of the poors'- 
 houses, under such regulations as they shall make, and the 
 board of supervision approve ; and they are empowered to 
 appoint a properly qualified medical man for this purpose with 
 a reasonable remuneration, whom, however, the board of super- 
 vision may suspend or remove for unfitness or neglect of duty. 3 
 
 112. The paupers of one parish may be received into the 
 poors'-house of another parish, at such rates for maintenance 
 as shall be approved of by the board of supervision, they being 
 always subject to the same discipline and treatment as the 
 other inmates. 4 
 
 \Yhere one parish had. with the sanction of the board of 
 supervision, contracted with another parish at a distance of 
 more than twenty miles, in which there was a poors'-house, for 
 reception of its paupers therein, the offer to have a pauper 
 received there was held to be sufficient offer of relief under the 
 statute. 6 
 
 1 62. 64. * 66. 4 65. 
 
 Watson, Feb. 26, 1853 (15 S. R. 2d Ser. 448).
 
 CHAP. TV. OF BELIEF AND RECOURSE 79 
 
 113. Parishes may, out of the funds raised for relief of the 
 poor, contribute annually or otherwise as to them may seem 
 reasonable and expedient to any public infirmary, dispensary, 
 lying-in hospital, lunatic asylum, or asylum for the blind or 
 deaf and dumb. 1 
 
 '67.
 
 80 
 
 CHAPTER V. 
 
 OF THE FUNDS FOR SUPPLYING RELIEF. 
 
 THE funds out of which the poor are to be supported may 
 be divided into two classes: 1. Those arising from voluntary 
 contributions, mortifications, mortcloth dues, and such like 
 sources ; and, 2. Those levied by assessment. 
 
 SECTION I. 
 
 OF VOLUNTARY CONTRIBUTIONS, MORTIFICATIONS, &C. 
 
 114. Till comparatively a recent date, in the greater number 
 of parishes in Scotland, the principal fund for the support of 
 the poor consisted solely of the contributions made at parish 
 churches. 1 
 
 In a case where the kirk-session had for some time, in addi- 
 tion to the usual plate at the church-door for collecting alms 
 for the poor, allowed certain extra plates to be placed in the 
 churchyard, to receive contributions towards carrying on a 
 litigation with the heritors, the object being always intimated 
 from the pulpit previous to dismissing the congregation, when 
 the collection for this purpose was made, and the plates being 
 distinguished from that for the poor, it was held that the mem- 
 bers of session who had received these collections were not 
 bound to account therefor to the poors' funds. 2 The session 
 
 1 Oat of 879 parishes or districts reported upon in the report of the 
 General Assembly (1889), 643, containing a population of 1,178,280, 
 were "not assessed," and 236, containing a population of 1,137,646, 
 were " assessed." In 1853 the assessed parishes had risen to 680, while 
 the non-assessed had fallen to 202. 
 
 Speirs, June 1, 1831 (9 S. R. 1st Ser. 659).
 
 CHAP. V. 1. OF THE FUNDS FOR SUPPLYING BELIEF. 81 
 
 were afterwards, however, interdicted from employing these 
 extra plates in future. 
 
 The collections received at dissenting meeting-houses are not 
 appropriated to the support of the poor, but are at the sole 
 disposal of the congregation by whom they are supplied. 1 
 
 115. During the period when the church courts were in use 
 to establish places of worship built by voluntary contribution 
 as the churches of parishes, quoad spiritualia, erected by their 
 sole authority, the expenses of providing the celebration of 
 divine ordinances at which were defrayed exclusively from 
 pew-rents, or otherwise by the congregation, and before it was 
 decided that such erection of parishes was illegal, the Court 
 determined that the collections at the church doors were to be 
 dealt with in the same way as those at the parish churches, sup- 
 ported by funds provided by public law ; and the managers of 
 such places of worship were prohibited from making ordinary 
 collections at the doors for the purpose of defraying the expenses 
 of the place of worship, or for any other purpose than those 
 allowed by law as to the ordinary collections at proper parish 
 churches, notwithstanding a stipulation in the constitution of 
 the place of worship, sanctioned by the church courts, that 
 they should be so applied. 2 In this case the heritors had 
 opposed such stipulation before the church courts ; and it was 
 not decided whether, where the heritors had not done so, but 
 had allowed the constitution, with this stipulation, to pass the 
 church courts, they would be held to be precluded from making 
 such a claim. The views of some of the judges would apply 
 equally to the case of chapels of ease, on the footing now de- 
 cided to be the only legal footing on which these can be placed ; 
 but no question as to the collections at such places of worship 
 has been raised. 
 
 116. The proclamation, 29th August 1693, ordained that 
 one hah only of the sums collected at the church doors, or 
 otherwise made by the kirk-session, should be paid over by 
 them into the general fund for the support of the poor. 
 
 No directions, however, were given as to objects to which the 
 remaining half, left at the disposal of the kirk-session alone, 
 was to be applied. In general practice, the purpose to which 
 
 1 Hill, June 19, 1739 (M. 8011). 
 
 2 Lord Panmure, May 30, 1839 (1 S. R. 2d Ser. 840).
 
 82 OF THE FUNDS FOB SUPPLYING RELIEF. CHAP. V. 1. 
 
 this fund has been applied, is to grant temporary relief out 
 of it in cases of sudden distress, and during the period which 
 must elapse before admission to the permanent roll of poor ; 
 and such appears to have been the true object of leaving it 
 at the immediate disposal of the kirk-session, who were, how- 
 ever, bound to account for their management of it ; any single 
 heritor being entitled to call them to account. 1 
 
 It has also been thought that the expense of communion 
 forms, tables, and cloths, preaching tents, beadle's and session- 
 clerk's salaries, and other such matters, was intended to be 
 defrayed out of this half of the collections. In the only case 
 which has occurred relative to these matters, a distinction 
 was made between some of the articles above mentioned. 2 
 This was in an action at the instance of an heritor against 
 the kirk-session, to compel them to account for their manage- 
 ment of the collections. Among the articles for which the kirk- 
 session took credit, were 1. A new tent for field-preachings, 
 and repairing the same ; 2. Communion forms, tables, and table- 
 cloths ; 3. Rent for a preaching-field ; 4. Constables to keep the 
 peace at a sacrament ; 5. Damage done to an heritor's dyke 
 adjacent to the preaching-field on the same occasion ; 6. Fees 
 to the Presbytery clerk ; and, 7. Session-clerk's salary. 
 
 Of these, the Court sustained, as proper charges against the 
 funds, those for the field-tent and the session-clerks's salary, 
 and repelled all the others. 
 
 The report does not state on what principle the charge for 
 the tent was sustained, while that for communion forms, tables, 
 and cloths, was repelled ; but it may perhaps have arisen from 
 this, that by the act 1617, c. 6, the parishioners are ordained 
 to tax themselves for providing basins for the administration 
 of baptism, and cups, tables, and table-cloths, for the communion, 
 while, so far as I am aware, there is no provision anywhere for 
 furnishing a preaching-tent. 
 
 117. By the 8 & 9 Viet. c. 83 ( 54), it is enacted, that " in 
 all parishes in which it has been agreed that an assessment 
 should be levied for the relief of the poor, all moneys arising 
 from the ordinary church collections shall, from and after the 
 
 m 
 
 date when such assessment shall have been imposed, belong to 
 
 and be at the disposal of the kirk-session of each parish ; pro- 
 
 1 Hamilton, Nov. 23, 1752 (M. 10570). See mpra, 27, note. * Ibid.
 
 CHAP. V. 1. OF THE FUNDS FOR SUPPLYING BELIEF. 83 
 
 vided always, that nothing herein contained shall be held to 
 authorise 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." A 
 question has already risen in practice, though not brought 
 before a court of law, as to the construction of this clause ; it 
 being contended, on the one hand, that the effect of it is to 
 place the whole collections now on the same footing with that 
 of the half at the disposal of the kirk-session prior to the 
 passing of the act, both as to the objects to which it might be 
 applied, and the parties by whom it was to be administered ; 
 and on the other hand, that the provision merely changes the 
 administrators, substituting the kirk-session alone for the 
 heritors and kirk-session, but maintaining unaltered the pur- 
 poses to which alone the half at the disposal of the latter could 
 legally have been appropriated. 
 
 It has been recently decided that fees, in use to be levied by 
 the kirk-session on proclamation of banns, fall under the enact- 
 ment of the late statute, and remain, by virtue of it, like the 
 church collections, under the exclusive administration of the 
 kirk-session. 1 
 
 The session-clerk, or other officer appointed by the kirk- 
 session, is bound, under a penalty of L.50. to report annually, 
 or oftener if required, to the board of supervision, the applica- 
 tion of the collections ; and it is declared, that nothing in the 
 act shall be held to deprive the heritors of their right to examine 
 the accounts of the kirk-session, and inquire into the manner 
 in which the funds have been applied. 
 
 The parochial board also, as now the administrators for and 
 guardians of the poor, vested with all the rights previously 
 belonging to the board of heritors and kirk-session, would seem 
 to be entitled (and without any reservation in their favour in 
 
 1 In appeal remitted by Lord Ivory from the Circuit Court of Jus- 
 ticiary at Perth to the First Division, in causa the Parochial Board of 
 Crieff against the Kirk-Session of Crieff, the Court pronounced the fol- 
 lowing interlocutor : " Edinburgh, 9th February 1854. The Lords sus- 
 tain this appeal : Alter and recall the interlocutors of 29th July 1853 and 
 2d September 1853, complained of : Assoilzie the defenders (appellants 
 in this appeal) from the conclusions of the action, and decern : Find the 
 defenders entitled to expenses both in the Sheriff- court and under this 
 appeal."
 
 84 OF THE FCND3 FOR SUPPLYING RELIEF. CHAP. V. I. 
 
 the statute) to institute proceedings, if necessary, to have the 
 kirk-session ordained to account for their administration of this 
 fund, and apply it- to the purposes provided by law. 
 
 118. The dues received for the use of mortcloths form part of 
 the poors' fund. The kirk-session may acquire, by immemorial 
 usage, the exclusive privilege of letting mortcloths out to hire. 1 
 Private societies, however, may obtain a joint right to this 
 privilege by prescriptive possession. 2 
 
 A question is now in dependence, whether these dues must 
 be paid over to the parochial board, or remain like the collec- 
 tions under the administration of the kirk-session. 
 
 Dues for ringing bells and burying in churches do. not belong 
 to the poor. 3 
 
 It has been found, that when the sacrament is not adminis- 
 tered, the sums allotted for providing communion elements, 
 which have not been paid to the minister, must be thrown into 
 the poors' fund ; 4 but, if paid, an action of repetition will not lie. 5 
 
 Kirk-sessions are not entitled to exact dues for behoof of the 
 poor, on proclamation of banns of marriage. 6 
 
 119. By act of Parliament 1621, c. 14, it is declared, that 
 if any sums of money above 100 merks shall be won, within 
 any twenty-four hours, at cards or dice, or by wagers at horse 
 races, the surplus (above the 100 merks) shall belong to the 
 poor of the parish where " such winning fell out." Power is 
 given by the act to magistrates of burghs, sheriffs, and justices 
 of peace in the country, to "pursue and convene" all persons 
 winning such sums ; and if, on information given them, they 
 refuse to do so, they are declared liable to a penalty of double 
 the winning, recoverable by action at instance of the informer, 
 one-half to be given to the poor, and the other to the informer. 
 
 This act is still in force, and has been held to extend to all 
 
 1 Turnbull, August 10, 1756 (M. 8013), and Kilwinning, 1718, cited 
 there. Dumfries, Feb. 18, 1783 (M. 8018). 
 
 Montrose, July 2, 1730 (M. 7915). 
 
 4 Birnie, Nov. 29, 1678 (M. 2489). Heritors of Abdie, July 21, 1713 
 (M. 2490). Hay, July 14, 1780 (M. 2492). 
 
 Beveridge, June 26, 1765 (M. 8014). A minister having received 
 such fees during a vacancy in the office of session-clerk, an action for 
 repetition of them for behoof of the poor (the amount being under L.5) 
 was held competent, in the Justice of Peace Small Debt Court. Hamil- 
 ton v. Scott, Dec. 5, 1797 (M. 7630).
 
 CHAP. V. 1. OF THE FUNDS FOR SUPPLYING BELIEF. 85 
 
 game debts. 1 In the case of a horse-race, the parish where 
 the wager was laid, and the race began, was held to be that 
 where the winning fell out, and entitled to the money, although 
 the race was determined in another parish. 2 
 
 The heritors and kirk-session (now of course the parochial 
 board), or their treasurer or collector, are entitled to sue for 
 such sums. 3 
 
 Although the sum be contained in a bond, it is competent 
 to lead evidence to show that it was granted for a game debt. 4 
 
 The act cannot be evaded by paying the debt, and receiving 
 the amount back as in loan, for which a bond is given. 5 
 
 120. A variety of fines imposed by special statutes for 
 offences against the peace, &c., are declared to belong in whole, 
 or in part, to the poor ; as the penalties for resetting vaga- 
 bonds, by 1579, c. 74 ; giving alms to beggars not in their 
 own parish ; the several penalties on parishes for neglecting to 
 obey the laws for the support of the poor, and on inhabitants 
 for refusing to pay their quota, by proclamation llth August 
 1692 ; for profanation of the Sabbath-day, by 1579, c. 70 ; 
 for irregular and clandestine marriages, by 1661, c. 34 ; 1698, 
 c. 6 ; 6 acting plays without licence, by 10 Geo. II. c. 28 ; and 
 several others. 
 
 121. It has been determined that the poor have no right to 
 glean. 7 
 
 122. Considerable funds have been mortified for the support 
 of the poor in many parishes. 
 
 When mortifications are made for behoof of the poor gene- 
 rally, or sums have been bequeathed directly to the poor of a 
 
 1 Straiten, July 19, 1688 (M. 9506). Park, Nov. 12, 1668 (M. 3459). 
 Maxwell, July 14, 1774 (M. 9522). Dumfries, June 15, 1775 (M. 10580). 
 
 2 Dumfries, Feb. 18, 1783 (M. 8018). 
 
 3 Ramsay, Feb. 9, 1711 (M. 10551). 
 
 4 Straiten, July 19, 1688 (M. 9506). Ramsay, ut supra. 
 
 5 Straiton, ut supra. 
 
 6 Though the whole of the fine for clandestine marriages belongs to the 
 poor, kirk-sessions have no title to pursue for the infliction, but, when 
 inflicted by a judge, they are entitled to recover. Kirk-session of Dun- 
 dee v. Hackney, Nov. 14, 1761 (M. 2253). The procurator-fiscal, who 
 is the proper prosecutor for convictions, is allowed his full expenses, to 
 encourage prosecution. Procurator-fiscal of Annandale, Dec. 7, 1705 
 (M. 2251). 
 
 7 Wilson, 1771 (M'Lanrin, 774).
 
 86 OF THE FUNDS FOB SUPPLYING RELIEF. CHAP. V. 1. 
 
 parish, and the management is not intrusted to particular indi- 
 viduals, or when that is given to the " patrons or overseers " 
 of the poor, it has been decided that they fall under the 
 administration of the heritors and kirk-session (or, as it would 
 now be held, of the parochial board), in the same way as the 
 ordinary funds for support of the poor ; ! and this whether the 
 benefit of the fund extend to the whole parish, or only to a 
 particular district of it. 2 
 
 The mode of voting, however, under such mortifications, may 
 be so affected by usage, as that the kirk-session shall have only 
 a single voice. 3 
 
 123. By 8 & 9 Viet. ( 52), it is enacted, that where any 
 property shall, at the passing of the act, be vested in the heri- 
 tors and kirk-session of any parish, or in the magistrates or 
 council of any burgh, or in " commissioners, trustees, or other 
 persons on behalf of the said heritors and kirk-session, or magis- 
 trates, or magistrates and town-council," " for the use or benefit 
 of the poor of such parish or burgh," the right thereto shall, 
 after a time to be fixed by the board of supervision, be vested 
 in the parochial board, who shall thenceforward be entitled to 
 administer the same, and to require such conveyances to the 
 property as may be necessary to enable them to do so. Under 
 this provision, questions may arise as to how far parochial 
 boards may claim the administration of property vested not 
 in the heritors and kirk-session, but in the kirk-session alone, 
 for behoof of the poor. The test for determining such ques- 
 tions must be, whether the kirk-session be, in the particular 
 case, trustees for the legal administrators of the poor, or whe- 
 ther the fund have been vested in them, not as representing, 
 or on behalf of the heritors and kirk-session, but as a separate 
 body, and with a specific view to its being administered by 
 them, and not by the legal administrators of the poors' fund. 
 
 By the same statute ( 53) it is enacted, that all funds which 
 shall have been or shall be given, mortified, or bequeathed for 
 the use of the poor, and shall become vested in parochial 
 
 1 Humble, Feb. 15, 1751 (M. 10555). Earl of Galloway, &c., Feb. 22, 
 1810 (F. C.) Watson's Executors, June 7, 1844 (16 Jurist, 484). 
 
 1 Cardross, 1789 : a full account of this case will be found in the papers 
 of that of the Earl of Galloway, &c. 
 
 1 Leslie, &c., June 9, 1814 (F. C.)
 
 CHAP. V. 1. OP THE FUNDS FOR SUPPLYING RELIEF. 87 
 
 boards, 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 Edinburgh chartered banks. 
 
 124. Those persons, and those only, who are entitled to 
 relief out of the ordinary parochial funds, can claim the benefit 
 of mortifications for behoof of the poor generally. 
 
 125. By the act 1633, c. 6, it is declared unlawful to " alter, 
 change, or invert" any mortifications for behoof of schools 
 and hospitals, or pious purposes, " to any other use than that 
 specific use whereunto they are destinate by the disponer 
 himself." 
 
 It has been found, that turning a mortification for support- 
 ing a woollen manufactory for the employment of idle boys 
 into a linen manufactory, but still for the same purpose, was 
 not an inversion of the use of it. 1 
 
 The managers of a mortification may set tacks, or feu out 
 mortified lands, when for the advantage of the fund. 2 
 
 It has also been found, that they are entitled to sell the 
 superiority of mortified lands for a fair price ; 3 but they have 
 no power gratuitously to alienate such superiority. 4 
 
 Where land had been left for the support of a definite num- 
 ber of persons, it was found that, on the rents increasing 
 beyond what was necessary for this purpose, the surplus 
 accrued to the heirs of the donor. 5 
 
 126. In the event of the managers of mortifications mis- 
 applying the fund, the act 1633, c. 6, gives right of action for 
 calling them to account, and compelling them to apply the fund 
 to the right use, to "the kirkes, schools, and others," for 
 whose behoof they were made, or to " the bishops and ordina- 
 ries within the dioceses where the said kirkes, schools, &c., 
 lye." The power conferred on these ecclesiastical authorities 
 is now held to be vested in the presbyteries, who have been 
 found entitled to pursue an action for recovery of property 
 mortified to the use of the poor, when the kirk-session refused 
 
 1 Edinburgh, Nov. 22, 1698 (M. 9107-9). 2 Ibid. 
 
 8 Moore's Trustees, June 25, 1814 (F. C.) 
 
 * Christie, &c., July 6, 1774 (M. 5755). 
 
 " Hospital of Perth, May 20, 1795 (M. 5758).
 
 88 <'i- TUK FUNDS FOK SUPPLYING RELIEF. CHAP. v. 1. 
 
 to do so, and even to use the name of the kirk-session for that 
 purpose. 1 Action for maladministration against the managers 
 of George IlerioVs Hospital, instituted for the education of 
 "poor fatherless boys, the sons of freemen and burgesses 
 of the city of Edinburgh," was sustained at jthe instance 
 of the Merchants' Company, and the incorporations of the 
 city. 8 
 
 In like manner, a similar action was sustained at the instance 
 of certain guild brethren and burgesses of Stirling against the 
 magistrates, as managers of an hospital for the support of 
 twelve decayed " guild brethren." 3 In the same case, the 
 Court also sustained the title of an heir of the donor to pursue 
 such an action ; and in general it may be laid down in the 
 words of a learned judge, in a case quoted below, " that per- 
 sons managing such funds ^ire accountable to every one having 
 a proper interest in the charity." 
 
 Where the managers of an hospital or mortified fund change, 
 as where it is intrusted to the magistrates of a burgh, any* set 
 of administrators may call their predecessors to account for 
 their management. 4 
 
 And any individual manager may call his brethren to 
 account for acts of malversation. 5 
 
 Persons entitled to benefit under a deed of mortification, 
 have also a right to pursue an action for enforcing their 
 
 1 Magistrates of Perth v. Black, &c., March 6, 1730, in House of 
 Lords (1 Craigie and Stewart, 39). In the same case it was found, that 
 the right to recover sucli property was not lost by the negative prescrip- 
 tion, the party usurping it not having possessed on infeftment. 
 
 8 Merchants' Company and Trades of Edinburgh, August 9, 1765 (M. 
 5750). 
 
 * Christie, July 6, 1774 (M. 5755). Their title to pursue was again 
 sustained in the subsequent case of Bow, &c., Dec. 6, 1825 (4 S. R. 1st 
 Ser. 276), where it was observed from the Bench : " The real interest 
 under the trust is vested in the guildry alone, and any one individual 
 guild brother libelling a proper summons of mismanagement, has, without 
 authority of the corporation, sufficient title to make the patrons account 
 for their administration ; and it is of great importance that it should be 
 known throughout the country, that persons managing such funds are 
 accountable to every one having a proper interest in the charity." 
 
 * Magistrates of Edinburgh, Nov. 22, 1698 (M. 9107). 
 
 * M'Ausland, Jan. 16, 1793 (M. 2010).
 
 CHAP. V. 1. OF THE FUNDS FOR SUPPLYING RELIEF. 89 
 
 claims. 1 This was also allowed in reference to the charitable 
 fund of an incorporation. 2 
 
 127. By acts 1457, c. 69, and 1466, c. 10, power is given to 
 the chancellor, or his deputies, with the ordinary of the diocese, 
 to inspect the infeftments and foundations of hospitals, and 
 cause them to be employed in terms thereof ; and when these 
 are lost, to be applied to the support of " pure and miserabil 
 persones." 
 
 This power is renewed by several subsequent statutes, and 
 is also conferred on the king, or visitors to be appointed by 
 him. 3 
 
 128. The jurisdiction of the Court of Session extends over 
 hospitals and mortifications, so as to entitle them to control 
 the management of the administrators. 4 
 
 In the event of a failure of the administrators in whom the 
 management of a mortification for a definite purpose is vested, 
 it has been found that the Court of Session may supply the 
 deficiency by a new nomination. Thus, in a case where a 
 mortification for the endowment of parochial schools was 
 vested in five trustees, and their successors in their estates, 
 the major part of whom were declared to be a quorum ; three 
 of those named having refused to accept, the Court, in a ques- 
 tion with the heir of the donor, found " that the mortification 
 does not fall nor become void through the failure or repudia- 
 tion of the majority of the trustees ; and that, although there 
 should be only one of them surviving, and not renouncing, he 
 may accept, and is entitled to act ; and further, that the said 
 mortification does not fall even by the failure and renunciation 
 of the whole trustees 3 but that, in that case, it is competent 
 to this Court to nominate and appoint such person or persons as 
 they should think fit, for carrying the said deed into execution." 5 
 
 1 Merchants' Company and Trades of Edinburgh, August 9, 1765 
 (M. 5750). 
 
 2 Paterson, Feb. 10, 1803 (M. App. Aliment, 6). The claims of the 
 pursuers here were, however, repelled. 
 
 3 1540, c. 101. 1578, c. 63. 1696, c. 29. 1698, c. 21. 
 
 4 Merchants' Company and Trades of Edinburgh, ut supra. In the 
 several other cases quoted above, the jurisdiction of the Court of Session 
 was not disputed. 
 
 8 Campbell, June 26, 1752 (M. 7440).
 
 90 OF THE FUNDS FOR SUPPLYING BELIEF. CHAP. V. 2. 
 
 Where, however, the fund was for the benefit of the donor's 
 descendants only, and the trustees had a discretionary power 
 as to the carrying the trust into execution, the Court refused 
 to supply a total failure of the persons nominated, and found 
 that the donation had lapsed. 1 
 
 129. Incorporations have generally a fund, raised by the 
 contributions of the members, for the support of their poor. 
 In the management of this fund they are subject to the con- 
 trol of the Court of Session, 2 who will not, however, interfere 
 with their determination as to claims for relief, unless where 
 these are fixed by general regulations of the incorporation. 3 
 It would also seem that incorporations are not subject to the 
 control of any inferior judicature, except in this last case, 
 where, from the existence of such regulations, members enter- 
 ing the incorporation may be held to have acquired, by con- 
 tract, a claim to the fixed rate of relief. 4 
 
 Any member of the incorporation has a title to pursue 
 actions against the incorporation for malversation of the 
 fund ; 5 and any of the persons for whose behoof the fund was 
 created may carry on an action for the establishment of his 
 claims. 6 
 
 130. Benefit or friendly societies afford means of providing 
 for poverty by a system of mutual assurance. These are now 
 regulated by the statutes of 10 Geo. IV. cap. 56, 4 & 5 Will. IV. 
 cap. 40, and 9 & 10 Viet. cap. 27. 
 
 SECTION II. 
 
 OF ASSESSMENTS. 
 
 131 . By the act 1579, c. 74, power was given to the magis- 
 trates in burghs, and justices constituted by the king's com- 
 
 1 Dick, Jan. 22, 1758 (M. 7446). 
 
 * M'Ausland, Jan. 16, 1793 (M. 2010). Fleshers of Glasgow v. Scot- 
 land, Jan. 31, 1826 (4 S. & D. 405), Aff. June 20, 1828 (3 W. & S. 
 209). 
 
 8 Paterson, Feb. 10, 180S (M. App. Aliment 6). 
 4 Scotland, ut supra. 
 
 * M Ail-lam], ut supra. * Paterson, tit supra.
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING RELIEF. 91 
 
 mission, in landward parishes, " by the gude discretions of the 
 saidis pro vests, &c., and sic as they shall call to them to that 
 effect, taxe and stent the hail inhabitants within the parochin, 
 according to the estimation of their substance, without excep- 
 tion of persones, to sik weekly charge and contribution as sail 
 be thocht expedient and sufficient to susteine the saidis pure 
 people." 
 
 The proclamation llth August 1692 requires the heritors 
 and kirk-session of every parish to " make lists of all the poor 
 within their paroch, and to cast up quota of what may enter- 
 tain them according to their respective need, and to cast the 
 said quota, the one-half upon the heritors, and the other half 
 upon the householders of the parish." The heritors of vacant 
 parishes were, in the same manner, required to impose assess- 
 ments, by the proclamation llth August 1693, which also 
 commanded the magistrates of royal burghs " to stent them- 
 selves conform to such order and custom used and wont, in 
 laying on stents, annuities, or other public burdens, as may be 
 most effectual to reach all the inhabitants." 
 
 Prior to late statute, the power of imposing, apportioning, 
 and levying assessments, belonged solely to the magistrates in 
 burghs, and in landward parishes to the heritors and kirk- 
 sessions, who had been substituted in the place of the justices 
 nominated by the king's commission, on whom this power was 
 originally conferred. 1 
 
 If landward parishes be vacant, the heritors alone might 
 have exercised this power. 2 
 
 The magistrates, and the heritors and kirk-sessions, were 
 entitled to call to their assistance, in imposing the assessment, 
 such of the inhabitants as they might consider best qualified for 
 that duty. 
 
 It is still by these parties respectively, as constituting the 
 parochial board in parishes not yet assessed, that an assess- 
 ment falls to be imposed for the first time in any parish ; but 
 when such assessment has once been imposed, all subsequent 
 
 1 1579, c. 74. 1592, c. 149. 1597, c. 272. 1600, c. 19. 
 
 2 Proclamation 29th August 1693.
 
 92 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 assessments can be laid on only by a parochial board consti- 
 tuted in terms of the 7 & 8 Viet. c. 83. 1 
 
 An assessment may be imposed by the meeting for that 
 purpose, though no heritor be present, though the minister be 
 absent, or though heritors only be present. 
 
 132. In reference to the provisions of the statutes prior to 
 the 8 & 9 Viet., burghs of barony were held to fall under the 
 class of landward parishes, royal burghs alone having been con- 
 sidered to constitute the other class. 2 But as regards that 
 statute, burghs are thereby declared to include " cities, burghs, 
 and towns which are royal burghs, or which send or contribute 
 to send a member to Parliament ( 1). 
 
 133. When a part of a parish is disjoined, or annexed quoad 
 sacra merely, an assessment can only be imposed by the paro- 
 chial board of the parish to which this portion is attached 
 quoad civilia, and for the support of the poor of that parish 
 only. 3 
 
 By the 8 & 9 Viet, the board of supervision are empowered, 
 on the application and with the consent of the parochial 
 boards of any two or more adjoining parishes, if they shall 
 deem it expedient and proper, to combine such parishes, so far 
 
 1 For the constitution of the parochial boards, see infra. 
 
 * So it was held in the case of Gammell, 1822, where the point was 
 discussed on memorials (both parties, however, arguing on the same 
 side), as to the parish of Greenock, which contains two burghs of barony. 
 In the burghs of regality of Canongate and Paisley, the management of 
 the poor has always been conducted agreeably to the regulations for 
 burghs, and the legality of this has not been challenged in any of the 
 questions from these places that have come into Court. The late Baron 
 Hume, in a decreet-arbitral pronounced by him in 1813, as to the 
 management of the poor in the Canongate parish, found that mode of 
 administration to be legal. In u notes " issued by him, to which the 
 author has had access, his opinion is stated as follows : " He is satisfied, 
 in point of law, that the fundamental statutes for the maintenance of the 
 poor, 1579, c. 74, and 1592, c. 169, contain expressions which are suffi- 
 ciently broad to include, and were truly intended to include, all burghs, 
 of whatever description, that had a constant and regular magistracy, by 
 whom the law might be conveniently and uniformly carried into execu- 
 tion." 
 
 * Gammell, Nov. 26, 1816 (not reported). Thomson, Nov. 17, 1808 
 (F. C.)
 
 CHAP. V. 2. OF THE FUNDS FOB SUPPLYING RELIEF. 93 
 
 as regards the support of the poor ; and after such combina- 
 tion, the united parishes are to be deemed one parish to this 
 effect. The board have further power, on the application of 
 the parochial board of any other parish adjaeent to such com- 
 bination, to add it thereto, and this apparently even without 
 the consent of the parochial board of the combination to which 
 it is to be so added. 1 
 
 134. Under the later Scottish statutes, different modes of 
 assessment were provided for burghs and for landward parishes. 
 In particular, in the latter, the assessment was required to be 
 divided into halves, the one leviable exclusively from the 
 heritors, according to their heritable property within the 
 parish, and the other from the inhabitants, according to their 
 means and substance. This distinction has been done away 
 by the 8 & 9 Viet, (which in so far returns to the original 
 provision of the old Scottish act 1579), and all the several 
 modes of assessment sanctioned thereby are applicable alike to 
 landward and burgal parishes. 
 
 These modes (not taking into consideration any mode 
 established by local act or usage, which is saved by the statute) 
 are three in number, and are set forth in the 34th section, 
 which provides, that it shall be lawful for any parochial board 
 to resolve " that one-half of such assessment shall be imposed 
 upon the owners, and the other half upon the tenants or occu- 
 pants of all lands and heritages within the parish or combina- 
 tion, rateably according to the annual value of such lands and 
 heritages:" or, "that one-half of such assessment shall be 
 imposed upon the owners of all lands and heritages within the 
 parish," according to such annual value, " and the other half 
 upon the whole inhabitants, according to their means and sub- 
 stance other than lands and heritages situated in Great Britain 
 and Ireland :" or, that the whole assessment shall be laid on 
 by "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 and Ireland." 2 
 
 'JIB. 
 
 2 By a bill now pending in Parliament, it is proposed to make the first 
 of these modes the only competent mode of assessing for the poor.
 
 94 OF THE FUNDS FOB SUPPLYING RELIEF. CHAP. V. 2. 
 
 Every parochial board, when resolving for the first time to 
 impose an assessment under the statute, is required to fix on 
 one or other of these modes of assessment as that according to 
 which it is to bo levied, and to report the same to the board 
 of supervision for their approval ; and if approved of by them, 
 it becomes the rule of assessment in future, not alterable by 
 the parochial board without consent of the board of super- 
 vision. 
 
 135. Under the general statutes relating to the poor, heri- 
 table property can only be rated in the parish in which it is 
 locally situated. Questions of difficulty, however, have arisen 
 in particular cases from the extension, by local acts, of the 
 royalty of burghs over portions of adjacent parishes. These 
 fall to be decided by the special terms of the acts by which 
 such extension is effected. 1 
 
 Where a right of ferry over a river or firth between two 
 parishes, is by the titles attached to lands in one of these, the 
 ferry is assessable in that parish, except in so far as may effeir 
 to the ferry-house and pier locally situated in the parish 
 opposite. 2 
 
 136. By the act 1663, c. 16, it is declared, in reference to 
 assessments for the employment of vagabonds, that wadsetters 
 and liferenters shall be liable as heritors during their posses- 
 sion ; and although that act does not apply to the ordinary 
 poor, and is in desuetude (see supra, 10), yet the rule became 
 fixed by practice; and by the 8 & 9 Viet, it is specially 
 enacted ( 1), that " liferenters, tutors, curators, commission- 
 ers, trustees, adjudgers, wadsetters, or other persons who 
 shall be in the actual receipt of the rents and profits of lands 
 and heritages," shall be deemed " owners ;" and as such they 
 are liable in assessment in respect of such lands and heritages. 
 
 137. By a judgment of a Lord Ordinary (M'Kenzie), supe- 
 riors have been found not liable to be assessed for the poor as 
 heritors on their feu-duties. 3 The question has never come 
 
 1 M'Craw and Hill v. Cunningham, 14th July 1837 (2 S. and M>L. App. 
 773). Burns, May 17, 1837 (15 S. D. B. 936). M'Craw, Feb. 26, 1839 
 (1 D. B. M. 13). South Leith, March 26, 1852 (S. B. 2d Ser. H. of L. 4). 
 
 Anderson, March 22, 1853 (15 S. R. 2d Ser. 577). 
 
 * Parish of North Leith v. Magistrates of Edinburgh, Nov. 12, 1833 
 (infra, 143).
 
 CHAP. V. 2. OF THE FUNDS FOB SUPPLYING RELIEF. 95 
 
 before the Inner-House. They had previously been held not 
 liable in any share of the expense of erecting a church or 
 manse ; 1 and feu-duties are not included in the special enume- 
 ration of assessable " lands and heritages " in, the late statute. 2 
 
 138. By the 8 & 9 Viet. ( 44), leaseholders under building 
 leases are to be deemed owners of the houses built thereunder, 
 and they are consequently liable to be assessed as such in 
 respect of such houses. 
 
 139. Where the mode is adopted of levying one-half of the 
 assessment on the owners, and the other half on the occupiers, 
 of lands and heritages, the whole may be levied from the 
 occupier, who is entitled to retain one-half out of his rent on 
 production of the collector's receipt. 3 
 
 140. Assessments may be imposed in respect of all real pro- 
 perty or " lands and heritages " in Scotland, 4 with only these 
 exceptions, 
 
 (1.) King's property is not liable to this burden. This rule 
 does not hold, however, where it is the subject of a beneficiary 
 possession by any of the lieges. Thus the heritable keeper of 
 the King's Park of Holyroodhouse always paid poors' rates to 
 the parish of Canongate ; and when, on one occasion, he dis- 
 puted his liability, the Lord Ordinary decerned against him, 
 and he acquiesced in his Lordship's judgment. 5 
 
 141. It was at one time held by our Courts, in reference to 
 property acquired by the Crown from a subject, whether pre- 
 viously to the acquisition it had actually been subjected to the 
 payment of poors' rate or not, that such property continued 
 
 1 Brace Carstairs, Jan. 23, 1778 (M. 2333). Murray, Feb. 20, 1794 
 (M. 15092). Dundas, July 2, 1778 (M. 8511). 
 
 2 8 & 9 Viet. c. 83, 1. 3 43. 
 
 * " Lands and heritages " as assessable for the poor, are set forth in the 
 interpretation clause of the late statute as including " all lands, fishings, 
 fresh waters, femes, quays, wharfs, docks, canals, railways, mines, mine- 
 rals, 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." 8 & 9 Viet. c. 83, 1. 
 
 6 Canongate v. Lord Haddington, 1816. The Court sanctioned the 
 same principle, in reference to an assessment for building a manse ; Ross 
 v. Lord Haddington, June 8, 1824 (3 S. R. 1st Ser. 115). This is also 
 the law of England. Rex v. Hurdis (3 T. R. 497).
 
 % OF THE FUXD8 FOR SUPPLYING KEL1KK. CHAP. V. 1>. 
 
 liable in its rateable proportion of assessment, though used for 
 public purposes ; l but that in estimating the value of such pro- 
 perty, so as to determine the proportion of rate to be laid on 
 it, buildings or ameliorations made for the public service were 
 to be excluded from view. 2 
 
 More recently, however, the general rule of the exemption 
 of the Crown from taxation has been held to all Crown pro- 
 perty occupied for the use of the sovereign, without regard to 
 this distinction. 3 
 
 142. (2.) It would rather appear that heritable property, 
 mortified or appropriated for charitable purposes or for the 
 use of the poor, and in so far as not occupied beneficially by 
 others, would not be subject to assessment ; but only one case 
 and that a somewhat peculiar one has occurred, in which a 
 question as to property so appropriated has arisen. In that 
 case a society, composed of the members of a trade within 
 burgh, established chiefly for support of poor members, possess- 
 ed certain flour-mills and granaries, in which they carried on 
 business ; the profits being, by the constitution of the society, 
 appropriated, in the first place, to the support of the poor 
 members, and any surplus being declared applicable to the use 
 of the society. In a question as to how far the society were 
 assessable for the maintenance of the poor of the burgh, in 
 respect of the trade so carried on by them, and of the rents of 
 their mills and granaries, the Court found that they were not 
 to be considered a " purely charitable institution, the funds of 
 which were in no respect liable in contribution for the poor ; " 
 but that they were only assessable " in so far as there were 
 rents or profits accruing from the mill or other property or 
 trade belonging to the society, over and above the usual allow- 
 
 1 Milroy, Nov. 20, 1815 (F. C.) Officers of Ordnance, June 14, 1825 
 (4 S. R. 1st Ser. 89). A similar judgment was given in reference to the 
 land-tax and other public burdens, in Bruce, Nov. 28, 1810 (F. C.) 
 
 * Officers of Ordnance, Feb. 14, 1829 (7 S. R. 1st Ser. 416). 
 
 Advocate- General v. Oliver, Jan. 21, 1852 (14 S. R. 2d Ser. 356). 
 This case was decided in Exchequer, and by a single judge, but corres- 
 ponding judgments in reference to prison rates and a local assessment. 
 Advocate-General v. Garioch, Jan. 27, 1845 (12 S. R. 2d Ser. 447). 
 Advocate-General v. Edinburgh Police Commissioners, Jan. 22, 1850 
 (Id. 456).
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING RELIEF. 97 
 
 ances granted to poor and aged members, and divisible among 
 the members, or applicable to the purposes of the society gene- 
 rally." l 
 
 In England no rate can be imposed on dissenting meeting- 
 houses, unless where a rent is raised by letting the pews. So 
 far as they are a source of profit to the proprietors, they would 
 probably be held liable in assessment with us as in England. 
 
 143. (3.) The non-liability of the revenues of public har- 
 bours and ferries, in so far as such revenues are appropriated 
 to the maintenance and improvement of the harbour or ferry, 
 and do not form a source of beneficial enjoyment to the pro- 
 prietor, may be stated as a third exception to the rule that 
 assessments may be imposed on alt real property; though, 
 strictly speaking, it rather rests on a claim of deduction, in 
 estimating the revenue, in order to ascertain what portion, if 
 any, constitutes free revenue, so as to form a subject for assess- 
 ment. 
 
 The question of the liability of such revenues was first 
 raised prior to the passing of the late statute, and it was 
 decided only in the Outer-House. The circumstances were 
 these : The magistrates of Edinburgh, in virtue of ancient 
 royal charters, confirmed in Parliament, granting to them 
 the port and harbour of Lieth, and of immemorial usage fol- 
 lowing thereon, were entitled to levy certain dues from all 
 vessels coming into the roadstead or harbour ; and by special 
 statute, a further duty, called the merk per ton, was leviable 
 for behoof of the ministers of the city. By a series of 
 acts of Parliament, the magistrates were from time to time 
 empowered to borrow money for the improvement of the har- 
 bour, in forming piers, docks, &c., they being nominated 
 in the several statutes the trustees for that purpose ; and 
 various additional duties were, by the same statutes, imposed 
 on all vessels coming into the harbour. These duties, it was 
 declared, should be appropriated " solely" to the keeping 
 the docks, &c., in repair, paying the interest and repaying 
 the principal of the money borrowed, and forming a sinking 
 fund for emergencies, and to no other purpose whatsoever; 
 and in general, they were to cease and determine on the 
 
 1 Bakers' Society of Paisley, Dec. 6, 1836 (15 S. R. 1st Ser. 200).
 
 98 OF THE FUNDS FOB SUPPLYING RELIEF. CHAP. V. 2. 
 
 debt being paid off. The magistrates were further author- 
 ised to acquire property adjacent to the harbour ; and it was 
 provided that the- rents and feu-duties of such adjacent pro- 
 perty, so acquired, or previously belonging to the magistrates, 
 should be appropriated to the purposes of the statutes, in the 
 same way and to the same objects with the statutory dues. 
 Under authority of these acts of Parliament, the magistrates 
 at various periods borrowed large sums, amounting in all to 
 L.265,000, which they employed in the formation of piers and 
 docks, in acquiring adjacent property, and erecting thereon, 
 or on ground previously belonging to them, buildings neces- 
 sary for the purposes of the harbour. Ultimately the Treasury 
 became the sole creditor on the harbour, obtaining security 
 over the docks, &c., and the dues, rents, and profits, which, 
 including the ordinary harbour dues leviable under the charter, 
 were not denied to be entirely appropriated to the purposes 
 of the harbour, leaving no surplus applicable to the common 
 good of the city. The magistrates of Edinburgh had been 
 in use to pay poors' rates in the parish of North Leith, in 
 which the harbour partly lay, in respect of certain property 
 adjacent to the harbour, which they considered themselves to 
 hold unfettered by the provisions of the harbour statutes ; but, 
 in 1828, the heritors and kirk-session imposed on the magis- 
 trates, as heritors, in respect of the harbour, so far as situated 
 in that parish, a share of the assessment effeiring to the whole 
 gross proceeds from the harbour, including (1) the merk per 
 ton duties, payable to the ministers of Edinburgh : (2) the ordi- 
 nary harbour dues, leviable by the magistrates, in virtue of 
 their charters and immemorial usage ; (3) the statutory dock, 
 &c., dues; and (4) the rents and feu-duties of the adjacent 
 grounds and buildings thereon, whether acquired under the 
 acts, or previously belonging to the magistrates. The magis- 
 trates, while they were willing to submit to an assessment in 
 respect of the rent of certain of the buildings belonging to 
 them in absolute property, resisted that which had been 
 imposed in respect of the proceeds of the harbour ; and the 
 heritors and kirk-session accordingly raised an action for pay- 
 ment against the magistrates, which came to depend before 
 Lord Mackenzie as Ordinary. The magistrates, in limine, con-
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING BELIEF. 99 
 
 tended, that the ministers of Edinburgh, as the proper parties 
 interested in the merk per ton duty, and the harbour commis- 
 sioners, who had a controlling power in regard to the admini- 
 stration and revenues of the harbour, ought to have been 
 made parties, and Lord Mackenzie having so found, they were 
 accordingly called. The ministers were, at the first debate, 
 assoilzied from any rate in respect of the merk per ton duty ; 
 and as to the other revenues, the Lord Ordinary (12th 
 November 1833), on advising cases, pronounced this inter- 
 locutor : 
 
 " Finds, that the dues or other profits which are received 
 by the defenders, in consequence of the right which the town 
 of Edinburgh has to the port of Leith and its pertinents, 
 which dues or profits are regulated by law, and are leviable 
 on account of the use of the said port and its pertinents by 
 the public, are not liable, in whole or in part, to be taxed for 
 the relief of the poor of the parish of North Leith, in so far 
 as the same have been applied or made applicable to payment 
 of the expense of keeping or improving the said port and 
 its pertinents : Finds, that it appears from the record and 
 statutes referred to, that the whole of the dues or profits dur- 
 ing the years libelled, have been so applied or made applicable, 
 and must be so applicable for a long time, to which no limit 
 can at present be assigned : Finds, that the feu-duties, to 
 which the defenders have right for subjects situated within 
 the said parish, are not liable to be taxed for relief of the said 
 poor, in respect that the subjects themselves are liable to be, 
 and are taxed for the same fully, without deduction, on account 
 of the feu-duties : Therefore, in respect to the said dues, or 
 profits, and feu-duties, sustains the defences, and assoilzies 
 the defenders, and decerns ; but finds, that in case, and in 
 so far as the magistrates of Edinburgh have right to heri- 
 table subjects situated within the said parish of North Leith, 
 in free and ordinary property, the tax for the relief of the 
 poor falls to be paid on account of said subjects; and that, 
 notwithstanding any conveyance thereof, or of the profits 
 thereof, to the Lords of the Treasury, in security of payment 
 of debts due by the town : Therefore, appoints the defenders, 
 the magistrates of Edinburgh, to give in a precise state of
 
 100 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 such subjects, if any, and of the occupation, and rents, or 
 annual profits of the same, during the years libelled, and sub- 
 sequently, and that within fourteen days." 
 
 His lordship, at the same time, stated his views in the fol- 
 lowing note : 
 
 " The Lord Ordinary does not hold that the corporation of 
 a burgh, holding heritable property as a mere non-resident 
 heritor in a parish situated out of the burgh, is exempted 
 from the payment of poor -tax on account of these subjects, 
 though even here there is some difficulty : for the corporation 
 of Edinburgh, by their magistrates, have rights, and powers, 
 and duties within the parish of North Leith itself, i. e. sup- 
 posing the port to be partly situated in that parish ; and can 
 scarcely be viewed as a non-resident heritor. Nor does the 
 Lord Ordinary hold that the feudal grantee of a port situ- 
 ated in a parish may not be liable to pay poors' tax in that 
 parish, for the free and clear profit which he annually puts 
 into his own pocket for his own personal use. But in so far 
 as he bona fide lays out or appropriates these dues and profits 
 to the maintenance and improvement of the port, the Lord 
 Ordinary cannot see any ground why they should be taxed 
 for the poor of the parish. It may be, that in strict law, such 
 a grantee cannot be compelled to improve, but only to keep up 
 (though that is a proposition which the Lord Ordinary thinks 
 can scarcely be maintained, in its full extent, when the trade 
 increases beyond the capacity of the harbour) ; but, at any 
 rate, the Lord Ordinary thinks that such grantee is bound in 
 natural justice and propriety to improve the harbour, so as 
 to accommodate the public, so far at least as the harbour dues 
 will go ; and that when such grantee does so apply the profits 
 of it bona fide., he ought not to be taxed for these as if they 
 had been appropriated to his private emolument. Now, this 
 seems to be what the town of Edinburgh has done, to the full 
 extent of all the harbour dues and profits, at least for a time 
 of which no termination is in view ; and therefore the Lord 
 Ordinary sees no termini habiles for this action in reference 
 to these dues and profits at present." 
 
 Thereafter a state was given in for the magistrates, in terms 
 of the Lord Ordinary's appointment, in which certain premises
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING RELIEF. 101 
 
 were admitted to be held in free and ordinary property, while 
 in regard to the yards and dry docks formed, and some build- 
 ings erected, with the money borrowed under the authority 
 of the statutes, and for the purposes of the harbour, and the 
 rents or profits of which were applicable to the harbour, along 
 with the dock dues, they contended that they could not be 
 liable till these became part of the free and ordinary property 
 of the city, by the harbour debt being paid off, though they 
 agreed, on the principle of the decision in the Leith Fort case, 
 to pay on a certain estimated rent, as for the original solum, 
 without reference to the embankments or buildings formed or 
 erected with the statutory funds. On this the Lord Ordinary 
 pronounced an interlocutor (4th June 1834), finding certain 
 of the property liable and certain portions of it not liable, and 
 proceeding thus : " But in respect the defenders appear 
 willing, for peace sake, to consent to pay a certain amount of 
 poors' rate on certain of these subjects ; upon the principle of 
 the decision in the case of Leith Fort, allows them to give 
 in a minute, stating for what subjects, and to what amount, 
 they are so willing to pay poors' rate." 
 
 In consequence of this recommendation, the magistrates and 
 commissioners agreed to submit to an assessment as on a cer- 
 tain rental, being considerably under what they had been in 
 use to pay before the action was raised ; and this being ac- 
 cepted by the parish, the Lord Ordinary's judgment was 
 acquiesced in without the case being brought before the Inner 
 House. 1 
 
 144. The question was again raised, after the lapse of some 
 years, in reference to the same harbour. In the interval a 
 considerable change in the state of matters had taken place, 
 apart from the passing of the 8 & 9 Viet. c. 83, which ex- 
 pressly included ( 1) " ferries, quays, wharfs, and docks," as 
 falling under the " lands and heritages " liable to assessment ; 
 but which, in this respect, effected no alteration on the pre- 
 viously existing law, these subjects being unquestionably, by 
 the law of Scotland, comprehended under this description of 
 property. 
 
 1 Heritors and Kirk-session of South Leith, Nov. 12, 1833, reported in 
 note to Bakers' Society of Paisley, Dec. 6, 1836 (15 S. R. 1st Ser. 206).
 
 102 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 The city of Edinburgh had, however, become insolvent, and 
 by an act of Parliament for settling its affairs, the harbour of 
 Leith, and whole property connected therewith, was trans- 
 ferred from the city to a body of Parliamentary Commis- 
 sioners ; and, in full satisfaction to' the city and the city 
 creditors, for the rights and properties thus transferred, it was 
 provided the treasury so far waiving their preferable secu- 
 rity as creditors over the harbour and its revenues that 
 out of the harbour revenues there should be paid, preferably 
 to all other claims, an annual sum for the support of the 
 college and schools of the city, and another annual sum for 
 behoof of the city creditors. The merk per ton payable to 
 the city ministers was, at the same time, abolished, and in 
 lieu thereof an annual sum was made payable to them, prefer- 
 ably like the other sums above mentioned, out of the harbour 
 revenues; while in reference to the stipends of ministers it 
 had been enacted, by the 8 & 9 Viet., that " clergymen 
 shall be liable to be assessed for the poor in respect of their 
 stipends." 
 
 In this state of matters, while the pleas maintained in the 
 former action were renewed, it was, in addition, contended, 
 that the annual sums now made payable preferably, out of the 
 revenue, to the city of Edinburgh, its creditors, and its minis- 
 ters, being thus withdrawn from that appropriation to the 
 purposes of the harbour, in respect of which alone the exemp- 
 tion could be maintained, an assessment for the poor to the 
 extent of this portion of the revenue, at all events, was now 
 competent. 
 
 The Court, while they gave effect to the principles on which 
 Lord Mackenzie's interlocutor was founded, and held that no 
 assessment could be imposed in respect of the revenues, so far 
 as appropriated to harbour purposes, held, by a majority of 
 the whole judges, that an assessment might be imposed in 
 respect of the portions now withdrawn from such appropria- 
 tion. 1 
 
 1 Scotland, Nov. 26, 1852 (15 S. R. 2d Ser. 95). This judgment, in 
 so far as the assessment was sustained, is under appeal to the House of 
 Lords.
 
 CHAP. V. 2. OP THE FUNDS FOR SUPPLYING RELIEF. 103 
 
 145. (4.) Parochial ministers are not liable in assessment 
 for the poor in respect of their manses and glebes. 1 
 
 146. Canals and railways, constructed for the purpose of 
 conveyance, under authority of an act of Parliament, by a 
 company of individuals, for whose behoof the profits, if any, 
 would fall to be applied, are rateable in the several parishes 
 through which these pass, on a proportion of the annual value 
 of the canal or railway effeiring to the parts within the respec- 
 tive parishes. 2 In the case here referred to, and which occurred 
 prior to the passing of the 8 & 9 Viet., the Court held that 
 buildings, &c. at the terminus of a canal, fell to be separately 
 assessed in the parish in which they were situated. But in a 
 case arising subsequently, they held that, under the 45th 
 section of that Act, the station-houses, &c. of a railway were to 
 be deemed part of the railway, the value of which was to be 
 apportioned in the several parishes through which it passed. 3 
 
 147. Mills, coal-works, and salt-works, were (prior to the 
 late statute, which expressly includes them) found equally 
 subject to this burden with all other real property ; 4 and it was 
 decided that the rule of assessment for minerals is the rent or 
 lordship actually drawn, just as in regard to property which is 
 not consumed by the use of it. 5 By the 8 & 9 Viet, it is spe- 
 cially provided ( 37), that no mine or quarry shall be assessed 
 unless it shall have been worked during some part of the year 
 immediately preceding the day on which the assessment is 
 ordered to be levied. 
 
 1 Cargill, Feb. 29, 1816 (F. C.) Gibson, Dec. 18, 1850 (13 S. R. 2d 
 Ser. 341) ; affirmed June 14, 1852 (15 S. R. 2d Ser. H. L. 14). 
 
 2 Anderson, March 7, 1839 (1 S. R. 2d Ser. 648) ; and Jan. 12, 1847 
 (9 S. R. 2d Ser. 702). By the 8 & 9 Viet. ( 45), the proportion accord- 
 ing to which the assessment is to be imposed is declared to 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." 
 
 8 Edinburgh and Glasgow Railway Company, March 10, 1853 (15 S. 
 R. 2d Ser. 537). The Court held that the terms of the 45th section of 
 the 8 & 9 Viet, excluded the application of the English rule, which is 
 that adopted in Anderson, ut supra. The case is under appeal. 
 
 4 Inveresk, May 28, 1794 (M. 10585). 
 
 s Macintosh, May 20, 1841 (3 S. R. 2d Ser. 893).
 
 104 OP THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 A company for supplying water to the inhabitants of a town 
 have been held liable to be assessed for the poor as owners and 
 occupiers of the portion of ground under the streets in which 
 their water-pipes were laid. 1 
 
 148. In apportioning the assessment on heritors, either the 
 real or the valued rent of the property might formerly have 
 been adopted as the rule of apportionment ; subject, however, 
 as in other matters, to the control of the Court ; 2 but by the 
 8 & 9 Viet., the " real annual value " can alone be taken. 
 
 The rule for estimating the real annual value is laid down 
 by that act ( 37) 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 deduc- 
 tion of the probable annual average cost of the repairs, 
 insurance, and other expenses, 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." 
 
 In one case where the assessment was sanctioned by the 
 Court, a deduction of one-fourth of the rent had been allowed 
 for repairs; 3 no objection, however, was taken to this amount. 
 
 149. The 8 & 9 Viet., while it expressly relieves all persons 
 from assessment in respect of means and substance, whose 
 income thence arising does not exceed L.30 per annum, contains 
 no special exemption in favour of owners. Prior to the act, 
 where the heritors and kirk-session had exempted entirely 
 from assessment the proprietors of houses of less than L.6 of 
 yearly _rent, it was found by the Lord Ordinary that this 
 exemption did not warrant the interference of the Court, at 
 least in the form of a suspension at the instance of an indi- 
 vidual heritor. His Lordship's judgment was not expressly 
 adhered to, the case having been settled by the acquiescence 
 of the party objecting ; but the Court did not express a dif- 
 ferent opinion. 4 This, however, would not go to establish a 
 right of exemption on such proprietors, but only the power 
 of the parochial board to grant it when they see cause. By 
 
 1 Hay, July 13, 1850 (12 S. R. 2d Ser. 1240) ; affirmed in House of 
 Lords, Feb. 14, 1854. 
 
 1 Scott, Jan. 19, 1778 (M. 10577). ' Ibid. 
 
 * Gammell v. Assessors of Grcenock, 1822.
 
 CHAP. V. 2. OF THE FUNDS FOB SUPPLYING RELIEF. 105 
 
 the late statute ( 42) the parochial board are declared to have 
 a general power " 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." 1 See infra,, 162. 
 
 150. Where the assessment is divided into halves, and one 
 half laid upon the owners of lands and heritages, the other 
 may be imposed either on the " tenants or occupiers of all 
 lands and heritages within the parish," according to the 
 annual value of such lands and heritages, or on " the whole 
 inhabitants, according to their means and substance." When 
 the latter mode is adopted, or when the assessment is laid 
 generally on owners and inhabitants without division, accord- 
 ing to the third mode sanctioned by the 8 & 9 Viet., the 
 question may arise, who are to be deemed inhabitants with 
 reference to the matter of assessment. By the act 1579, c. 74, 
 the " haill inhabitants " of every parish, " without exception 
 of persons," were made liable to assessment for the poor. The 
 proclamation llth August 1692, which, as already mentioned, 
 divided the assessment in landward parishes into two parts, 
 and laid one-half on the heritors, uses merely the term " house- 
 holders," in regard to the class on whom it imposes the other 
 half. This provision of the proclamation had evidently refer- 
 ence to the rule adopted in the act 1663, c. 16, as to the 
 assessment for the employment of vagabonds ; and that statute, 
 in one part of it, lays this half on the " tenants and possess- 
 ors." In another part of the same statute, however, the 
 persons made liable in this half of the assessment are declared 
 to be " the possessors and inhabitants dwelling upon the ground 
 of each heritor respective;" and, besides, the proclamation 
 can scarcely be understood to have repealed the prior act of 
 Parliament 1579, to the effect of exempting any persons or 
 property formerly liable under that statute ; and as that act 
 expressly declares that the assessment shall be imposed on 
 " the haill inhabitants within the parochin, according to the 
 estimation of their substance, without exception of persons," 
 
 1 The Court, since the passing of the act, seem to have recognised the 
 competency of an exemption to tenants whose rent was under L.2. 
 Murray, May 25, 1852 (24 Jurist, 447, 1 Stuart, 723).
 
 106 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 it would appear that, under that proclamation, an " inhabi- 
 tant " of a landward parish, possessed of personal estate, was 
 liable in his proportion of assessment, although he might not 
 be, strictly speaking, a " householder," in terms of the pro- 
 clamations, or a " tenant or possessor" under one of the clauses 
 of the act 1663. The recent statute, as already seen, recurs 
 again to the term " inhabitants," used in the act 1579. 
 
 151. In regard to the question above referred to, Who are 
 to be considered inhabitants ? only two cases had occurred 
 both in reference to burghs prior to the passing of that sta- 
 tute. In the one of these it was found, that a burgess, having 
 a place of business within the burgh, where he attended daily 
 for the greater part of the year, but having his residence with 
 his family in an adjoining landward parish, was to be consi- 
 dered as an inhabitant of the burgh, to the effect of subjecting 
 him in assessment. 1 In the other 2 it was decided that the 
 sheriff-clerk of a county resident in Edinburgh, but having an 
 office in a burgh within the county (not the head burgh, but 
 one where a sheriff-substitute was established), at which office 
 the business was transacted by the clerk, the sheriff-clerk only 
 visiting the burgh occasionally, and living in a hotel during 
 his visit, was not liable to be assessed on the profits of the 
 business there transacted, in a share of the assessment imposed 
 on the inhabitants, in respect of their means and substance. 
 
 It might have been doubted whether it necessarily followed 
 from the first of these decisions, that a person having a place 
 of business, which he attends, in a landward parish, but having 
 his residence elsewhere, would be considered as an inhabitant 
 of the landward parish ; for the judgment alluded to pro- 
 ceeded, in a great measure, on the terms of the proclamation 
 29th August 1693, which is applicable to royal burghs only, 
 and empowers the magistrates " to stent themselves, conform 
 to such order and custom used and wonted in laying on stents, 
 annuities, and other public burdens in the respective burghs, 
 as may be most effectual to reach all the inhabitants." But 
 this question, and several others which might have been 
 raised, have been settled by a provision in the late statute, 
 
 1 Buchanan, Feb. 21, 1827 (5 S. R. 1st Ser. 390). 
 * Morris, Dec. 11, 1840 (8 S. R. 2d Ser. 232).
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING BELIEF. 107 
 
 which enacts, " 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, upon his means and substance 
 derived from, or relating to, such occupancy, trade, or business, 
 although none of the partners of such company, nor such indi- 
 vidual, should be actually resident in such parish or combina- 
 tion ; " l it being further provided, that parties so assessed 
 shall not be liable to be rated elsewhere in respect of the same 
 means and substance. ( 47.) 
 
 152. In reference to this provision, it has been found that 
 the manager of a life assurance company was liable to be 
 assessed, in respect of his salary, in the parish in which the 
 company's office, where he performed his duties, was situated, 
 although he resided in another parish ; 2 that a procurator-fis- 
 cal was assessible on his income as such, in the parish in which 
 he had his chambers and carried on his business, and not in 
 that in which he resided ; 3 and that a workman living in one 
 parish and earning his wages in another, was liable to be 
 assessed in respect of these in the parish in which they are 
 earned. 4 
 
 153. It has also been found that a parochial minister of the 
 Established Church is liable to be assessed on his stipend for 
 the poor of the parish only of which he is incumbent. 5 In this 
 case, the minister was incumbent of one of the parochial charges 
 of a city, and the principle would, a fortiori, apply to the case 
 of the minister of a country parish. In the case of a dissent- 
 ing minister, however, it was found that he was assessible on 
 his income, as such, in the parish in which he resided, and not 
 in that in which his church was situated ; 6 and the same rule 
 
 1 8 & 9 Viet., c. 83, 47. 
 
 2 Walkinshaw, Nov. 29, 1850 (13 S. E. 2d Ser. 198). 
 
 3 Salmon, Dec. 18, 1851 (14 S. R. 2d Ser. 248). 
 
 * Napier, Dec. 18, 1851 (14 S. R. 2d Ser. 248). 
 5 Gillan, Dec. 18, 1851 (14 S. R. 2d Ser. 248). 
 
 Landsborough, Dec. 4, 1852 (15 S. R. 2d Ser. 188).
 
 108 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 would probably be followed in reference to the ministers of 
 chapels of ease in connection with the Establishment 
 
 On the other hand, the part-owner of two vessels belonging 
 to, and trading from, a particular port, in the harbour of which 
 they were generally laid up for the winter, he himself being 
 also master of one of them, but having no counting-house or 
 other premises at the port, the business of the vessels being 
 transacted by a ships'-husband who was resident there, was 
 held not to fall under the 47th section of the statute, so as to 
 be liable in assessment for the poor of the parish in which the 
 port was situated, he being resident in another parish. 1 
 
 154. Where a company carried on a manufactory in one 
 parish, and had their counting-house in an adjoining parish, 
 where orders were received, and the business of the manufac- 
 tory carried on, it was held that they were liable to be assessed 
 on their means and substance derived from their manufacturing 
 trade, proportionally in both parishes.* 
 
 155. By the 8 & 9 Viet, it is provided, that " 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 
 means and substance, other than means and substance derived 
 from or relating to the occupancy of lands and heritages, or 
 the carrying on of trade or business in premises within any 
 particular parish." ( 47.) This provision allows no option in 
 reference to assessment in respect of occupancy of lands and 
 heritages, according to the annual value thereof, nor in respect 
 of the means and substance derived from trade or business 
 carried on within the parishes. In so far as regards these, 
 every one is liable in the parish in which the lands and heri- 
 tages occupied, or the premises within which the trade or 
 business carried on, lie. 
 
 156. Owners of lands and heritages assessed as such in a 
 portion of the half laid on that class, are likewise liable, if fall- 
 ing also under the other classes of occupants (whether of their 
 own property or that of others) or of inhabitants, to be assessed 
 
 1 Grcig, March 28, 1853 (15 S. R. 2d Ser. 620). 
 1 Adams v. M'Leroy and Company, Dec. 18, 1851 (14 S. R. 2d Ser. 
 248).
 
 CHAP. V. 2. OP THE FUNDS FOB SUPPLYING RELIEF. 109 
 
 in a portion of the half laid upon that class, effeiring to the 
 annual value of the lands and heritages occupied by them, or 
 to their means and substance respectively, according as the one 
 or other of these rules have been adopted for imposing that 
 half. 1 
 
 Railway and canal companies working their own lines, are 
 on this principle liable to be assessed in the characters both of 
 owners and occupants. 2 
 
 1 57. In imposing on the inhabitants the assessment in respect 
 of means and substance, the parochial board must make a 
 definite estimate of such means and substance, and not simply 
 fix a sum of assessment as a reasonable amount, in their opinion, 
 to be exacted from him ; the " good discretion " allowed them 
 as to this matter being a power of judgment as to the amount 
 of assessible property, and not a right of arbitrary assessment. 
 
 158. In making this estimate, the assessors are entitled to 
 include the whole means and substance of every description 
 (except landed property in Great Britain and Ireland, and 
 except means and substance derived from the occupancy of 
 lands and heritages, or from trade or business carried on in 
 premises within another parish), 3 and wherever situated as 
 stock in the public funds money lent, whether on personal 
 or real security tacks of lands, ships, stock in trade, in public 
 companies, or the like. Parties having merely an annual in- 
 come or salary, or earning wages by their work, are liable to 
 be assessed in respect of such income. 4 
 
 1 Gammell, May 31, 1822. Cochrane v. Hanson, Feb. 11, 1823 (2 
 S. R. 1st Ser. 201). The question was anxiously discussed in these cases, 
 whether it was competent, under the Scottish statutes, to assess the 
 inhabitant of a parish on his means and substance generally, wherever 
 situated, or only in respect of the lands and heritages within the parish 
 occupied by him. It was decided that he might be assessed on his means 
 and substance generally, but it is unnecessary now to detail the arguments, 
 or to specify the grounds of the decision as set forth in former editions. 
 The soundness of the decision has been long acknowledged, and the recent 
 statute expressly sanctions the mode of assessment thereby determined 
 to be that authorised by the older acts. 
 
 2 Anderson, Jan. 12, 1847 (9 S. R. 2d Ser. 702). Edinburgh and Glas- 
 gow Railway Company, March 10, 1853 (15 S. R. 2d Ser. 537). 
 
 8 8 & 9 Viet., c. 83, 34 and 47. 
 
 * Walkinshaw, Gillan, Napier, Dec. 18, 1851 (14 S. R., 2d Ser. 248.)
 
 110 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 159. In calculating the assessed income of an inhabitant, de- 
 duction may be demanded of the interest on debts due by him, 
 though these be secured over lands belonging to him in other 
 parishes. 1 
 
 160. It was in one case found, that the same individual 
 might be assessed as an inhabitant both of a landward parish 
 and of a burgh ; 2 and in the later case of Buchanan v. Parker, 3 
 the learned judge who delivered the opinion of the majority 
 of the whole Court, stated, that though an inhabitant of a burgh 
 would, in virtue of the act 1597, c. 280, be entitled to relief to 
 the extent of his living outwith the burgh, this would not be 
 competent to a person assessed as an inhabitant of more than 
 one landward parish, who would accordingly be liable to be 
 assessed in each, in respect of his whole means and sub- 
 stance wherever situated. By the 8 & 9 Viet., however, all 
 double assessment in respect of the same property, whether 
 lands and heritages, or means and substance, is absolutely 
 excluded. 4 
 
 161. If an heritor, living in the parish, be in the natural pos- 
 session of his own lands, or be possessed of a separate estate 
 other than land, he is liable in a rateable proportion of the half 
 laid on the inhabitants or occupants, as well as in a share of the 
 half laid on the owners. 5 
 
 In the case of Cochrane, here quoted, the Court sustained an 
 assessment imposed on an heritor who was also an inhabitant, 
 and occupied his own lands, and was possessed of considerable 
 personal estate, in the three different characters of heritor, 
 tenant, and inhabitant, laying a separate rate on him for each ; 
 but subsequently, when that case was alluded to from the bench, 
 it seemed to be generally admitted, that to this extent the de- 
 cision was erroneous ; and that, although the value of a tenant's 
 farm may be taken into consideration along with his other means 
 and substance, he cannot be assessed separately on the rent of 
 
 1 M'Neffl, Feb. 18, 1848 (10 S. R., 2d Ser. 735). 
 1 Buchanan, Nov. 22, 1798. (Not reported. Noticed in Hutchison, 
 ii. 47). 
 
 Feb. 21, 1827 (5 S. R., 1st Ser. 890). 4 46 and 47. 
 
 Gammell, May 31, 1822. Cochrane, Feb. 11, 1823 (2 S. R., 1st 
 Ser. 201).
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING RELIEF. Ill 
 
 his farm as a tenant, and on his means and substance as an 
 inhabitant. 1 
 
 162. In a suspension of a charge for assessment prior to the 
 8 & 9 Viet., on this ground, among others, that all inhabitants 
 whose income was under L.40 yearly had been exempted, the 
 Lord Ordinary (Lord Cringletie) found, that this exemption did 
 not warrant the interference of the Court. The judges of the 
 Inner House did not dissent from his Lordship's opinion, al- 
 though, from the case having been settled, no decision was pro- 
 nounced on this point. 2 
 
 By that statute ( 48), parties are exempted from assessment 
 in respect of means and substance, whose income arising there- 
 from does not exceed L.30 per annum ; and by another clause 
 ( 42) it is declared lawful for the parochial board to exempt, 
 in whole or in part, from payment of assessment (and this with- 
 out distinction as to assessments on lands, occupation, or means 
 and substance), to such extent as may seem proper and reason- 
 able, any persons or class of persons " on the ground of in- 
 ability to pay." 
 
 In the construction of this power of exemption, the Court 
 have held that the parochial board cannot exempt, totally or 
 partially, classes of persons indiscriminately with reference 
 exclusively to the mere amount of income alone. 3 In the case 
 here quoted, a parochial board had, in imposing an assess- 
 ment, resolved that all parties whose incomes were under L.50 
 should be totally exempted, and that varying rateable deduc- 
 tions should be made from the assessment on those whose in- 
 comes were respectively under L.65, L.80, L.95, and L.110 ; 
 those only whose incomes amounted to this last sum being 
 subjected to the full rate of assessment. The Court, by a large 
 majority of the whole judges, held that an exemption of this 
 kind was contrary to the statute, though an opinion was indi- 
 cated that an exemption, partial or total (even beforehand, 
 and without actually imposing, in the first instance, the assess- 
 ment on each individual of the class), might be made in favour 
 of classes, with reference to other circumstances in addition to 
 
 1 Lord Corehouse in Buchanan, Feb. 21, 1827 (5 S. R., 1st Ser. 390). 
 
 2 Gammell, May 31, 1822. 
 
 Walkinshaw, Nov. 26, 1850 (13 S. R., 2d Ser. 108).
 
 112 OF THE FUNDS FOB SUPPLYING RELIEF. CHAP. V. 2. 
 
 the amount of income such as parties with so many children, 
 or in a particular trade suffering from temporary pressure, or 
 the like. 
 
 163. When the value of each inhabitant's estate is deter- 
 mined, a per-centage is imposed sufficient to raise the sum 
 required to be levied. This per-centage may be calculated 
 either according to .the income or according to the actual 
 wealth of the inhabitants. 1 
 
 164. Where the half of the assessment is imposed on the 
 occupants of lands and heritages according to the annual 
 value thereof, the parochial board are empowered ( 36), with 
 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 and occupants of each class 
 respectively, as to such boards may seem just and equitable." 
 This provision affords a means of remedying the inequality 
 which subsisted under the former law, by which occupants were 
 all rated according to their respective rentals ; whereby, for 
 instance, the tenant of a farm was assessed in an amount 
 greatly beyond that of the merchant or shopkeeper, who with 
 equal or greater means occupied premises of far inferior 
 value. 
 
 165. The rule for estimating the annual value of lands and 
 heritages is thus laid down by the 8 & 9 Viet. c. 83 ( 37) : 
 " 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 expected to let from year to year, under deduction of the 
 probable annual average cost of the repairs, insurance, and 
 other expenses, 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." Where lands and 
 heritages are actually let, the rent de facto payable will gene- 
 rally form the best criterion for determining the annual value ; 
 but it would not seem to constitute an exclusive criterion so as 
 
 1 Laurie, Dec. 2, 1797 (M. 10587). Cochrane, ut supra. Gammell, 
 nt supra.
 
 CHAP. V. 2. OP THE FUNDS FOB SUPPLYING BELIEF, 113 
 
 to prevent rectification where it does not, in point of fact, 
 represent the true value. 1 
 
 166. The rate imposed on the owner of lands and heritages 
 may now (under the 8 & 9 Viet. 43) be levied from the 
 occupant, along with that payable by himself in respect of his 
 occupancy, when the assessment has been laid on one-half on 
 the owners and the other half on the occupants of lands and 
 heritages. In such case, the occupants who have thus paid the 
 whole assessment are " entitled to receive one-half thereof from 
 the owners, or to retain the same out of their rents, on pro- 
 duction of a receipt granted by the collector of such assess- 
 ment." 2 
 
 167. When the assessment is adjusted, and a roll made up 
 (which is to be the rule of assessment for the year or half- 
 year ensuing, according as the assessment is imposed for the 
 one or the other of these periods), notice is to be given to each 
 person of the amount to be levied from him, and of the time when 
 it is payable. 3 
 
 The apportionment must be renewed yearly or half-yearly, 
 " for the alteration that may be through death, and the in- 
 crease and diminution of men's goods and substance." 4 
 
 168. When an assessment has been in use to be levied 
 according to the provisions of any local act, or according to 
 any established usage, it is declared, by the 7 & 8 Viet. ( 35), 
 to be lawful for the parochial board, in fixing the mode of 
 assessment thereunder, to resolve that the assessment shall be 
 imposed according to such local act or usage ; aud their reso- 
 lution to this effect, if approved of by the board of supervision, 
 cannot thereafter be altered without the consent of that board. 
 
 1 69. Members of the College of Justice, 5 and King's trades- 
 men holding commissions under the Privy Seal, with a clause 
 of exemption, were formerly exempted from payment of poor's 
 
 1 Murray, May 25, 1852, 24 Jurist, 447 ; 1 Stuart, 72-3. 
 
 2 It is assumed here that the amount of assessment on the owner and 
 occupant will always be the same as if the occupant, as well as the owner, 
 will have the benefit of the deductions from the annual value on account 
 of rates, taxes, and public charges, though payable only by the owner. 
 
 s 8 & 9 Viet. c. 83, 39. * 401579, c. 74. 
 
 1579, c. 2791537, c. 68. 
 
 H
 
 114 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 rates in the city of Edinburgh ; but this privilege has been 
 done away by the 8 & 9 Viet. ( 50). 
 
 Officers of the- army and navy, residing on the King's ser- 
 vice, are exempted from the assessment on inhabitants. 
 
 170. Several of our royal burghs have landward districts 
 attached to them, which form, with the burgh, one parish ; 
 but, till lately, there was no decision as to the mode of assess- 
 ment or management of the poor in such combined parishes ; 
 and the practice as to this, in the different burghs, was as 
 various as hi regard to other matters ; the poor of the two 
 districts being in some instances provided for by a joint assess- 
 ment on the whole inhabitants of both ; in others, the burgh 
 and the landward district respectively supporting their own 
 poor; while in others again, the burgh advanced a certain 
 definite proportion, as a third or a fifth of the sum necessary 
 for the support of the whole poor, both to landward and in the 
 burgh. In the case of Dunbar, l however, it was decided 
 by the House of Lords, altering the judgment of the Court of 
 Session, that the administration of the poor, and assessment 
 for them in the burgh and landward district, were not separate 
 and distinct, but that the poor of both districts must be re- 
 garded as the poor of one parish. This decision was followed 
 up by a similar decision in the case of Lanark, notwithstanding 
 the use of a divided administration ; the court further declar- 
 ing that the board of administration should consist of the 
 magistrates of the burgh, the landward heritors, and the kirk- 
 session, acting as one body. 8 
 
 171. In the case of Dunbar it was found, by the Court of 
 Session, that a long usage of contributing to the support of 
 the poor in a certain proportion, originating in an agreement 
 between the magistrates and the landward heritors, was no 
 obstacle to reverting to the legal rule of assessment and 
 management ; and the reversal by the House of Lords does not 
 necessarily imply that the finding of the Court was erroneous 
 on this point, which the House did not decide ; while in the 
 
 1 Magistrates of Dunbar, April 10, 1835, H. of L. (1 S. & M 1 L. 134). 
 See the case as decided in the Court of Session, July 4, 1833 (11 S. R. 
 1st Ser. 879). 
 
 Carrie, March 5, 1831 (3 S. R. 2d Ser. 799).
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING RELIEF. 115 
 
 Lanark case the Court of Session expressly overruled a plea 
 founded on usage for maintaining a separate administration. 
 It was also found, by separate judgments, that the magistrates 
 were the proper parties to be called, as representing the com- 
 munity of the burgh, in an action as to the mode of assessing 
 for the poor, that it was not necessary to call the indi- 
 vidual proprietors or inhabitants within burgh ; l and that 
 paupers, inhabitants of the burgh, had no title to pursue a 
 declarator that the administration of the two districts must be 
 joint and not separate. 2 
 
 172. In the event of any person refusing to pay his quota 
 of assessment, or discouraging others, the act 1579, c. 74, 
 declares, that he shall be called before the magistrates in 
 burghs, and the justices in parishes to landward, and, on 
 conviction, shall be imprisoned " quhill he be content with 
 the ordours of his said parish, and perform the same in 
 deid." 
 
 The mode of enforcing payment of the rate in landward 
 parishes, as subsequently established by the proclamations 
 llth August 1692, and 29th August 1693, is, that the minister, 
 or, where the parish is vacant, two heritors to be appointed 
 for that purpose, shall give information to the sheriff against 
 delinquents ; and that he shall " call them before him without 
 any delay, and, if guilty, fine them in double the quota which 
 the minister or heritors shall attest to be wanting." Power 
 is farther given to the sheriff " to cause poind for the same 
 immediately." 
 
 No jurisdiction is granted to the sheriff to determine any 
 thing as to the propriety or justice of the assessment, or as to 
 the share apportioned on the delinquent. His duty is merely 
 ministerial. 3 
 
 173. Where a sheriff sitting in the small-debt court pro- 
 nounced a judgment decerning against a party for payment of 
 the assessment imposed upon him, which judgment proceeded on 
 a proof as to whether the lands in respect of which the assess- 
 
 1 Duchess of Roxburgh, &c., June 2, 1831 (9 S. R. 1st Ser. 669). 
 8 Currie, January 24, 1838 (16 S. R. 1st Ser. 351). 
 8 Pollok, Nov. 12, 1833 (12 S. R. 1st Ser. 14). Calder v. Trotter, 
 June 8, 1833 (11 S. R. 1st Ser. 694).
 
 116 OF THE FUNDS FOR SUPPLYING RELIEF. CHAP. V. 2. 
 
 ment was laid on, were or were not within the parish, the 
 court held a suspension of it competent. 1 
 
 174. In burghs the magistrates have the power of enforcing 
 payment of the rates. 2 
 
 175. By 8 & 9 Viet ( 88), all the remedies for recovery of 
 the land and assessed taxes, or other public taxes, are declared 
 applicable to assessments for the poor, and these are further 
 declared preferable to private debts in the case of bankruptcy 
 or insolvency. 
 
 176. Parties considering themselves aggrieved by the assess- 
 ment, may have relief by suspension or advocation in the Court 
 of Session. 3 The Court, however, in one case refused to enter- 
 tain a general declaratory action, by an inhabitant of a parish, 
 as to the rule according to which he ought to be assessed. 4 
 
 177. If the objection taken be merely to the amount of the 
 share imposed on any individual, and where no question of 
 principle is raised, the Court will not interfere to stay the 
 levying of the assessment in the meantime, except on allega- 
 tions of wilful or corrupt partiality 5 or of serious error. 6 
 
 1 Watt, July 16, 1842 (4 S. R. 2d Ser. 1535). 
 
 * A question was raised in one case, whether it was competent to 
 call before the magistrates a party not dwelling in the burgh for payment 
 of his rate, by leaving a copy of citation at his place of business within 
 the burgh. It was not necessary, however, to decide it, as the defect 
 was cured by a supplementary action in this Court, after the process 
 before the magistrates had been brought here by advocation. Buchanan, 
 Feb. 21, 1827 (5 S. R. 1st Ser. 390). 
 
 * Crawford, May 31, 1838 (16 S. R. 2d Ser. 1072). 
 Boyd, Feb. 23, 1827 (5 S. R. 1st Ser. 413). 
 
 * Ross, Dec. 16, 1800 (M. App. Poor, 3). In this case, which was an 
 advocation from the Magistrates of Glasgow, there being no allegation of 
 wilful or corrupt partiality, the Court allowed decreet to be extracted for 
 the sum assessed on Mr Carrick, the complainer, which amounted to 
 one-eightieth of the whole assessment of the city of Glasgow, " without 
 prejudice to his being afterwards heard in any action of declarator of 
 repetition, if he shall be advised to insist therein." The report bears, 
 that the Court were unanimously of opinion, that unless a case of corrupt 
 and wilful partiality were made out, they could not control the nnoo 
 ment imposed by the stentmasters. A similar course was followed in 
 Gammel, May 13, 1822, not rep. 
 
 * Pollok, June 26, 1851 (13 S. R. 2d Ser. 1234).
 
 CHAP. V. 2. OF THE FUNDS FOR SUPPLYING RELIEF. 117 
 
 An action of reduction, and for repitition, however, it would 
 seem, would be sustained on the ground of error merely. l 
 
 178. The court will not ordinarily entertain a suspension of 
 an assessment, or of proceedings for recovering poors'-rates, 
 except upon payment of the rate in the meantime, repayment 
 being undertaken for in the event of suspension 2 ; but they do 
 not, in all cases, and as an absolute rule, insist that the full sum 
 charged shall be so paid as a condition of entertaining the pro- 
 cess. 3 
 
 179. A reduction of an alleged assessment as not authorised 
 by the statute, is not excluded by the provisions of the 86th 
 section of the 8 & 9 Viet., nor rendered incompetent (in con- 
 sequence of the provisions of the 40th section) by reason of 
 there being no pecuniary conclusion of relief in the summons, 
 or of the pecuniary relief to which the party was entitled 
 having been tendered him. 4 
 
 180. A party complaining of the assessment imposed on 
 him, has a right to inspect the assessment roll, in order to 
 ascertain whether he be rated proportionably with the other 
 inhabitants. 5 
 
 181. The 8 & 9 Viet, reserves to all parties their remedy at 
 law, as it existed prior to the passing of that act, " but to the 
 extent and effect only of exempting himself from payment of 
 any surcharge that may have been made on him." ( 40). 
 
 182. When errors have been fallen into in making up the 
 assessment roll, in regard to the sums to be levied, or where 
 omissions, or surcharges, have occurred in respect of the persons 
 liable in payment, it is by the same act declared lawful for the 
 parochial board to correct such error, omission, or surcharge, 
 at the first meeting after it shall have been discovered ( 40) ; 
 and by another clause ( 51), it is provided that no assessment 
 shall be rendered void or affected by reason of any mistake or 
 variance in the Christian name or surname, or designation of 
 any person chargeable therewith, but that all assessments shall 
 
 1 Ross, ut supra. 
 
 3 Watson, July 7, 1849, (11 S. R. 2d Ser. 1263). 
 
 8 Glasgow & Ayr RaUway Co., Dec. 12, 1850, (13 S. R. 2d Ser. 304). 
 
 * Fergusson, July 14, 1850, (12 S. R. 2d Ser. 732). 
 
 * Ross, ut supra ; Wingate, May 21, 1851, (13 S. R. 2d Ser. 972).
 
 118 OP THE FUNDS FOB SUPPLYING RELIEF. CHAP. V. 2. 
 
 be valid and effectual against the person intended to be charged, 
 and bonaf.de liable in payment of the same. 
 
 183. The object to which the funds raised by assessment 
 must be applied, is the relief of the poor entitled to parochial 
 relief; as to which see ante, Chap. IV. 
 
 184. As part of the means of supporting the poor, the ex- 
 pense of building a house for their reception may be raised by 
 assessment. * 
 
 185. By the acts 1663, c. 16, and 1672, c. 18, an assessment 
 was authorised for employing vagabonds and idle persons, and 
 for the support of correction-houses. These acts, however, so 
 far as relates to this subject, may be considered as in total 
 desuetude ; and no assessment would now be sustained for the 
 purposes authorised by them. 
 
 The expense of maintaining vagabonds while suffering im- 
 prisonment for vagrancy by sentence of a judge, to the extent 
 of a pound of " oatmeal per day," and " water to drink," must 
 be defrayed out of the assessment of the parish where they 
 were apprehended. 2 
 
 186. The expense of collecting and distributing the fund 
 forms a proper charge on it, as the inspector's and collector's 
 salaries, 3 sums expended in necessary lawsuits, or the like. 
 
 But where lawsuits are engaged in without a just or reason- 
 able cause, the expense of them will not be chargeable against 
 the funds. Thus, where an assessment had been imposed by 
 the heritors and kirk-session of a parish, separated only quoad 
 sacra, the court, in an action at instance of a party objecting, 
 while they found the assessment to be absolutely null, also 
 declared, that the expenses of the litigation should not be 
 charged against the funds. 4 
 
 187. Where the assessment imposed proves insufficient for the 
 year or half-year for which it has been laid on, the parochial 
 board may impose such further and additional assessment as 
 may be sufficient to raise the sum required. 5 
 
 1 Scot, Jan. 19, 1773, (M. 10577). 8 & 9 Viet. c. 83, 61-2-3-4. 
 
 1 1579, c. 74. 
 
 Proclamation, llth August 1692. 8 & 9 Viet. c. 83, 32, 38. 
 
 * Gammol, Nov. 26, 1816, (not reported). 
 
 8 & 9 Viet. c. 83, 41.
 
 CHAP. V. 2. OP THE FUNDS FOR SUPPLYING RELIEF. 119 
 
 188. By the 8th & 9th Viet. ( 89), parochial boards are 
 authorised to borrow money on security of such part of the 
 assessment for any year or half-year as is due, but not recovered, 
 to the extent of one-half the amount of such part. They can- 
 not, however, borrow on security of any future assessment till 
 the money previously borrowed has been paid off. 
 
 189. The parochial board may also borrow money for the 
 erection, enlargement, alteration, or repair of poor's houses, to 
 an amount not exceeding three times the assessment of the year 
 preceding ; but they cannot borrow a second sum till the first, 
 with interest, has been repaid ; and they must make provision 
 for the payment of any sums borrowed, with the interest 
 thereon, by annual instalments of not less than one-tenth of the 
 capital sum each year. ( 62).
 
 120 
 
 CHAPTER VI. 
 
 OF VAGABONDS. 
 
 190. THE act 1579, c. 74, which first established a regular 
 " ordour of punishment" for sorners, masterful beggars, and 
 vagabonds, or vagrants as they are termed in the law of 
 England, gives the following list of those who shall be held to 
 be such, viz. " All idle persons ganging about in ony countrie 
 of this realme, using subtil, craftie, and unlauchful plays, as 
 juglarie, fast-and-lous, and sick uthers. The idle people calling 
 themselves ^Egyptians, or any uther that feinzies them to 
 have knawledge or charming, prophecie, or uther abused 
 sciences, quhairby they persuade the peopil that they can tell 
 their weirds, deathes, and fortunes, and sick uther fantastical 
 imaginations ; and all personis being haill and starke in bodie, 
 and abill to worke, alledging them to have bene herriet or 
 burnt in sum far pairt of the realme, or alledging them to be 
 banished for slauchter, and uthers wicked deids ; and uthers 
 nouther having land nor maisters, nor using ony lauchful mer- 
 chandice, craft, or occupation, quhairby they may win their 
 livings, and can give na reckoning how they lauchfullie get 
 their living ; and all ministrelles, sangsters, and tale-tellers, 
 not avowed in special service be sum of the Lords of Parliament 
 or great burrowcs, or be the head burrowes and cities, for 
 their common ministrelles ; all common labourers, being per- 
 sonnes abill in bodie, living idle, and fleeing labour ; all counter- 
 faicters of licenses to beg, or using the same, knowing them to 
 be counterfaicted ; all vagabond schollers of the Universities of 
 Sanct Andrews, Glasgow, and Abirdene, not licensed be the
 
 CHAP. VI. OP VAGABONDS. 121 
 
 rector and deane of facultie of the universitie to ask almes.'' 
 It is declared that these, " and all schipmen and mariners, 
 alledging themselves to be schipbroken, without they have 
 sufficient testimonial^, sail be taken, adjudged, esteemed, and 
 punished, as strang beggares, and vagaboundes." 
 
 191. The same statute farther declares, that any person who 
 " disturbis or lettis the execution of the act," shall suffer the 
 same pains as the vagabond, whose correction he has impeded, 
 would have incurred. 
 
 192. There are also included among vagabonds (by this and 
 subsequent enactments), those poor persons who, though en- 
 titled to parochial relief, either refuse to perform such work 
 as they are able for, when required by the parish, or persist in 
 begging without a licence, or beyond the bounds of the parish 
 to which their licence extends,, or refuse to pass to the parish 
 of their own settlement. l 
 
 193. The punishment to which vagabonds were subjected by 
 the earlier enactments 2 was exceedingly severe, extending to 
 the loss of life in cases of obstinate perseverance in their " va- 
 gabond trade of life." Such severity was perhaps not greatly 
 misplaced, as, at the date of those acts of Parliament, such 
 persons were in truth, " for the maist pairt, thieves and coun- 
 terfitte limmers." Indeed, as to one class of vagabonds, viz. 
 gipsies or Egyptians, so infallible was deemed the presumption 
 that they must necessarily be habite and repute thieves, that 
 by one act 3 they were declared liable to be put to death, 
 merely on its being proved that they were Egyptians, without 
 any evidence of their having committed a specific crime. 
 
 The latest enactment relative to vagabonds, 4 after declaring 
 them liable to a month's imprisonment, on a diet of bread and 
 water for the first offence, ordains them, if found " vaguing" 
 a second time, to be farther marked with an iron on the face. 
 
 The only punishment in practice inflicted on vagabonds is 
 imprisonment for a short period, and laying them under surety 
 for their good behaviour. 5 
 
 1 1579, c. 74. Proclamation, llth August 1692. 
 
 2 1424, c. 7, 25, and 42 ; 1455, c. 45 ; 1457, c. 79 ; 1579, c. 74. 
 
 3 1609. c. 13. * Proclamation, llth August 1692. 
 fi Tait's Justice of the Peace, p. 407.
 
 122 OF VAGABONDS. CHAP. VI. 
 
 The allowance to vagabonds during imprisonment is fixed by 
 the act 1579, c. 74, at " ane pund of ait bread, and water to 
 drink," for the expense of which the parish where the vagabond 
 has been apprehended is declared to be liable. 
 
 ' 194. By acts of Parliament 1663, c. 16, and 1672, c. 18, 
 vagabonds (along with other unemployed persons) were made 
 liable to be seized and employed in manufactories and correc- 
 tion-houses, to receive meat and clothes only, for the period of 
 eleven years, certain allowances being payable by the parishes 
 to the manufacturers or correction-houses so employing them. 
 As to this, see Chap. VII. 
 
 Beggars' children might, in like manner, have been taken 
 into the service of individuals, and their labour compelled, 
 till they attained the age of thirty years. 1 To this, however, 
 the consent of parents if alive or known, and if unknown 
 that of the kirk-session, was necessary when the child was 
 under fifteen ; and, when he was above that age, his own con- 
 sent was requisite. 
 
 195. Receptors of vagabonds, who lodge or harbour them, 
 are liable to a fine at the discretion of the judge, but not ex- 
 ceeding 5 Scots, for behoof of the poor of the parish; 2 and 
 persons giving alms to vagabonds are subjected to a fine of 
 20s. Scots for each offence, payable to the poor. 3 
 
 196. The execution of the penalties against vagagonds is 
 committed to the sheriffs, justices of peace, bailies, and ma- 
 gistrates of burghs. The kirk-sessions were also entrusted with 
 the same powers, but they have long ceased to exercise them. 
 
 197. It has been supposed that the statute 17 Geo. II. c. 5, 
 commonly called the Vagrant Act, extends to Scotland. 4 There 
 seems no sufficient ground for holding this to be the case, 5 and 
 it has never been acted on in this country. 
 
 198. By the 8 & 9 Viet., English and Irish paupers who 
 have been removed to their own country, under the provisions 
 of the statute, as having become chargeable on a parish in 
 
 1 1617, c. 10; 1663, c. 16; Proclamation, Aug. 11, 1692. 
 
 2 1579, c. 74; 1617, c. 8. Proclamation, Aug. 11, 1692. 
 
 * Bank, 258 ; 1 Boyd, 133 ; 2 Hutchison, 70. 
 
 Swinton's Abridgt. of Stat. tit. Vagrant ; Kames' Statue Law, tit. 
 Pob'ce ; Tail's Justice of the Peace, 408, note.
 
 CHAP. VI. OF VAGABONDS. 123 
 
 Scotland, are to be deemed vagabonds under the act 1579, if 
 they shall return and again become chargeable to the same 
 parish. ( 79). In like manner are to be deemed vagabonds, 
 husbands and fathers who shall desert or neglect to maintain 
 their wives and children, being able so to do, whereby these 
 shall become chargeable; as also the mothers of illegitimate 
 children, and the putative fathers of such children, after the 
 paternity has been admitted or established, who shall refuse or 
 neglect to maintain their children, being able to do so, whereby 
 they become chargeable. ( 80). All such parties are de- 
 clared liable to be prosecuted criminally before the sheriff, at 
 the instance of the inspector of the poor, and to be punished, 
 the former class, (English or Irish paupers returning and be- 
 coming chargeable after removal), by imprisonment, with or 
 without hard labour, for any period not exceeding two months, 
 and the latter class, by fine or imprisonment, with or without 
 hard labour, at the discretion of the sheriff.
 
 124 
 
 CHAPTER VII. 
 
 OF UNEMPLOYED PERSONS. 
 
 199. THE distinctive mark of vagabonds who were subjected 
 to the penalties noticed in the last chapter, was their " fleeing 
 labour," and living in voluntary idleness. Provision was, how- 
 ever, made in some of the acts of Parliament for persons 
 " not being in service, and not having any visible way or stock 
 to entertain themselves," who, although they might possibly 
 be willing to work, and did not fall within the list of vagabonds 
 contained in the act of 1579, were, like them, made liable to a 
 sort of servitude and compulsory labour in manufactories and 
 correction-houses. These provisions are now in desuetude ; 
 and it might have been unnecessary to notice the acts by 
 which they were established, were it not that a very general 
 misunderstanding at one time prevailed as to the purport of 
 these statutes, which have been frequently appealed to, and 
 have even formed the grounds of decision in cases relative 
 solely to the ordinary poor. 
 
 200. The act 1663, c. 16, proceeding on the narrative that 
 the cause whereby " vagabonds and idle persons do yet so 
 much abound hath been, that there were few or no common 
 works then erected in the kingdom, who might take and em- 
 ploy the saids idle persons in their service," and that common 
 works for manufactures are now setting up in the kingdom, 
 empowers manufacturers " to seize upon and apprehend the 
 persons of any vagabonds who shall be found begging, or who, 
 being masterless and out of service, have not wherewith to 
 maintain themselves by their own means and work, and to 
 employ them for their service, as they shall see fit, the same
 
 CHAP. VII. OF UNEMPLOYED PERSONS. 125 
 
 being done with the advice of the respective magistrates of the 
 place where they shall be sized upon," for the space of eleven 
 years, for payment of meat and clothes only. During the 
 first year of this period, the manufacturers were entitled to 
 receive from the parish where the idle persons were born, and 
 had their most common resort for the last three years, two 
 shillings Scots per day for each persons so employed, and one 
 shilling per day for the next three years. These allowances 
 were to be levied by assessment, " the one half to be paid by 
 the heritors, either conform to the old extent of their lands 
 within the parish, or conform to the valuation by which they 
 last paid assessment, or otherways, as the major part of the 
 heritors so meeting shall agree ; and the other half to be laid 
 on the tenants and possessors, according to their means and 
 substance." If the heritors failed to raise this assessment, 
 they were liable to be charged by letters of horning for pay- 
 ment of the whole sum, being allowed relief for one half against 
 the tenants and possessors of their land. 
 
 By 1672, c. 18, these allowances were transferred to the 
 correction-houses, thereby ordained to be erected, for the re- 
 ception of all poor persons being " of age and capacity to 
 work," and not entitled to support from the ordinary parochial 
 funds. The masters of these were intrusted with similar power 
 as the manufacturers, of keeping vagabonds and idle persons 
 to work, and of confining them within the correction-house 
 and its close ; and for that purpose were authorised " to use 
 all manner of severity by wheeping and otherways, excepting 
 torture." The commissioners of excise were directed to see 
 this act carried into execution, and the sheriffs were substi- 
 tuted in their place by the proclamation 3d March 1698, 
 which repeats the directions of the act 1672, as to building 
 correction-houses by burghs, under additional pecuniary pen- 
 alties in case of failure ; and under the farther penalty of 
 being obliged to maintain such poor as were to be sent to 
 correction-houses, until these were built. 
 
 The act was " revived" by the proclamation 3d March 1698, 
 " in so far as concerns the providing correction-houses for the 
 receiving and entertaining of beggars, vagabonds, and idle 
 persons."
 
 126 OP UNEMPLOYED PERSONS. CHAP. VII. 
 
 201. Besides these provisions for putting idle persons and 
 vagabonds to work, the proclamation, llth August 1692, con- 
 tains a general direction to the heritors to put to work, either 
 within the parish or in neighbouring manufactories, all the 
 poor able to work ; and the general terms of the proclamation 
 lead to the conclusion, that all idle persons and vagabonds were 
 intended to be thus employed or supported by the parish. 
 It would seem, however, that the proclamation must be 
 construed in consistency with the previously existing law; 
 and, accordingly, that this provision should be held to have 
 reference to the prior act 1579, c. 74, and to include those 
 poor only wfio, though unable to maintain themselves by their 
 labour, are yet " not so diseased, lamed, or impotent, but that 
 they may work in some manner of work." * 
 
 202. The enactments, above referred to, relative to vaga- 
 bonds and idle persons, are now in desuetude ; but even should 
 they be considered as still in force, yet being regulations of 
 police, intended for the security of the public, and not for the 
 benefit of the individuals against whom their provisions are 
 directed, the^ could only be enforced by the magistrates to 
 whom their execution was entrusted, and could never be 
 insisted on by those persons, for the punishment of whom they 
 were enacted; and, accordingly, unemployed persons could 
 have no right under them to demand work from the parish. 
 
 1 1 am gratified at being able to confirm this view by the high authority 
 of Mr Monypenny, who observes, " I incline to agree with Mr Dunlop, 
 in his remark that this provision bears reference to the same ordinary 
 poor as those to whom the act 1579 directs, that such work as they are 
 fitted to labour at shall be furnished, and I concur in the reasoning by 
 which he arrives at this conclusion." MONYPEXNT on the Poor-Laws^ 
 p. 29.
 
 127 
 
 CHAPTEE YIII. 
 
 OF THE ADMINISTRATION OF THE LAWS REGARDING THE POOR. 
 
 203. THE administration of the laws relating to the poor 
 and to vagabonds, is vested in the parochial boards on the 
 one hand, and the sheriffs and justices of the peace on 
 the other, with distinct provinces and jurisdictions; all of 
 them being subject, under certain restrictions, to the Supreme 
 Civil Court. The board of supervision is also entrusted with 
 special powers of oversight and control, while certain duties are 
 imposed on the inspectors of the poor, and other officers for 
 carrying the laws into execution. The functions of these 
 several courts or parties shall be separately considered. 
 
 SECTION I. 
 
 OF THE PAROCHIAL BOARD. 
 
 204. The act 1579, in establishing a provision for the sup- 
 port of the regular poor, entrusted the administration of it to 
 magistrates in burghs, and to justices to be appointed by the 
 King's Commission in parishes to landward. These persons 
 were vested with the sole power of taking up the lists of poor, 
 levying the assessment for their support, and, in general, of 
 ordering every thing in regard to their disposal and mainte- 
 nance. To them also, jointly with sheriffs, &c., under prior 
 acts of Parliament, was entrusted the execution of the enact- 
 ments regarding vagabonds and beggars. The power of ex- 
 plaining any ambiguity was granted to the King in council ;
 
 128 POOH. CHAP. VIII. 1. 
 
 and the sheriffs, stewards, &c., were only directed generally 
 " to see the act put to due execution in all these poyntes 
 within their jurisdiction respective, as they will answer to God 
 and our soveraine Lord thereupon." 
 
 205. The jurisdiction thus committed to the justices ap- 
 pointed by the King's Commission in landward parishes, was, 
 by the act 1592, c. 149, extended to persons to be nominated 
 by the minister, elders, and deacons of each parish, in the 
 event of the sheriffs or justices proving remiss and negligent ; 
 and by the statutes 1597, c. 272, and 1600, c. 19, it was alto- 
 gether transferred to the kirk-sessions, both in reference to 
 vagabonds and to the ordinary poor ; with power to the pres- 
 byteries " to take trial of the obedience of the kirk-sessions ; " 
 but only to the effect of reporting them to the King's minis- 
 ters, that they might proceed against such as were negligent. 
 
 206. The act 1672, c. 18, confirmed to the kirk-sessions the 
 powers regarding the management of the poor, which by an 
 intervening statute (1661, c. 38) had been conferred on the 
 justices of peace, but had not been exercised by them ; and it 
 joined with the kirk-sessions, the heritors, who had previously 
 been entrusted 1 with the power of levying assessments for 
 employing vagabonds and idle beggars. 
 
 207. The proclamations of the Privy Council, 2 which were rati- 
 fied in Parliament, confirmed the powers granted to the heritors 
 and kirk-sessions in landward parishes, and to magistrates in 
 burghs, and of new directed them to make up lists of the poor, 
 to levy assessments for their support, and to regulate the dis- 
 tribution of the funds. Besides the special powers necessary 
 for these purposes, authority was granted to them generally 
 " to decide and determine all questions that may arise in the re- 
 spective parishes in relation to the ordering and disposing of 
 the poor, in so far as is not determined by the acts of Par- 
 liament, and the former proclamations of our council." 
 
 208. Finally, by the 7 & 8 Viet. c. 83, the administration 
 of the poor is vested in a " parochial board," which, until an 
 assessment shall have been imposed under that act for the 
 
 1 By act 1663, c. 16. 
 
 llth August 1692, 29th August 1693, and 3d March 1698 ; ratified by 
 acte of Parliament 1695, c. 43; 1696, c. 29; and 1689, c. 21.
 
 CHAP. VIII. 1. POOR. 129 
 
 support of the poor of the parish, consists of the same parties 
 who, prior to the passing of the act, were entitled to admi- 
 nister the laws for the relief of the poor in such parish. 
 
 209. In royal burghs, unassessed, the magistrates and 
 council exclusively constitute the board. In non-assessed 
 landward parishes, again, it is composed of the minister, 
 elders, and heritors of each parish; all proprietors of lands or 
 houses who are liable in payment of poors'-rates being to be 
 considered heritors, though neither entered on the cess rolls 
 nor in the books of the collector as actually paying cess. 1 In 
 mixed parishes, i. e. parishes comprising both a landward dis- 
 trict and a royal burgh, the magistrates of the burgh are 
 members along with the heritors and kirk-session. 2 
 
 210. To constitute the board it is not necessary that there 
 should be present one of each class. Thus they may compe- 
 tently act, although the minister be absent, although no 
 heritors be present, or although the meeting be composed of 
 heritors only. 3 
 
 211. The separation or annexation of a parish quoad sacra 
 only, does not affect the management of the poor. Thus, if a 
 portion of a parish be separated, and erected into a distinct 
 parish quoad sacra, the competent members of meetings of 
 heritors and kirk-session are still the heritors of the whole 
 parish which remains conjoined quoad civilia, and the kirk- 
 session of the original parish; 4 and if the part thus separated 
 be added quoad sacra to another parish, the members of the 
 respective meetings of heritors and kirk-session remain un- 
 changed as to the management of the poor. 5 
 
 212. In unassessed royal burghs, forming parishes in them- 
 selves, the heritors and kirk-session have no voice in the man- 
 agement of the poor, which is vested solely in the magistrates. 
 
 1 Murdoch v. Robertson, Feb. 23, 1830, (8 S. R. 1st Ser. 587) ; see 
 also Toshack v. Smart, July 18, 1771, (M. 13134,) and Earl of Strath- 
 more v. Minister and Feuars of Kirriemuir, Feb. 26, 1672, (13128). 
 
 2 Currie, March 5, 1841, (3 S. R. 2d Ser. 799). 
 
 8 Earl of Galloway, Feb. 22, 1810, (F. C.) Humble, Feb. 15, 1751, 
 (M. 10555). 
 
 4 Gammell, Nov. 26, 1816, not reported. 
 4 Thomson, Nov. 17, 1808, (F. C.) 
 
 I
 
 130 POOR. CHAP. V11I. 1. 
 
 213. If the administration of the poor have been left to the 
 kirk-session, it has been found that any one heritor may, in an 
 ordinary action, ,ctll them to account for their management of 
 the fund, l even as to that half of the collections which, by the 
 proclamation 29th August 1693, is left at the disposal of the 
 kirk-session alone. 2 This right of calling the kirk- session to 
 account for their management, has been reserved to the heri- 
 tors by the 8 & 9 Viet., even after an assessment has been im- 
 posed ; but the distribution of the whole collections has been 
 thereupon vested in the kirk-session. 3 
 
 214. To the parochial board, constituted as above, belong 
 the whole ordering and administration of the poor so long as 
 the parish remains unassessed ; and to them also belongs the 
 right of resolving whether an assessment shall be imposed, and 
 of deciding which of the modes allowed by the 8th & 9th Viet, 
 shall be the rule of assessment : and their resolution on this 
 point having been approved by the board of supervision to 
 whom it must be submitted before the assessment can be 
 levied is unalterable thereafter, without the consent of that 
 board. 
 
 215. So soon as the first assessment under that statute has 
 been imposed, steps must be taken for the formation of a 
 new parochial board, constituted according to the special pro- 
 visions therein contained ; but the old board will continue in 
 existence till the new board is appointed. 4 
 
 216. According to the provisions of this act, the board is 
 somewhat differently constituted in burghal parishes and com- 
 binations that is, it would seem, parishes or combinations 
 exclusively composed of a royal burgh or part of a royal 
 burgh and in those which are not burghal. 5 
 
 1 Hamilton, Nov. 23, 1752, (M. 10570). 
 
 * Id. As to whether this half of the collection is applicable to any 
 other purpose than the support of the poor, see supra, 116. 
 
 1 54. * Meek, Nov. 14, 1846, (9 S. R. 2d Ser. 55). 
 
 8 Such, according to my reading of the statute, are the two classes 
 into which parishes and combinations are divided ; but the language of 
 the act is very ambiguous, and is capable of a totally different construc- 
 tion. In 17, 18, 19, & 20, relating to the election of managers in 
 the first class of parishes, the description is, " every burghal parish or 
 combination of parishes," and " burghal parish or combination ; " while
 
 CHAP. VIH. 1. POOR. 131 
 
 217. In burghal parishes the board consists of (1) such 
 number of managers not in any case exceeding thirty as 
 the board of supervision may fix, chosen by the persons as- 
 sessed for the support of the poor; (2) four persons to be 
 nominated by the magistrates of the burgh ; and (3) four per- 
 sons to be nominated by the kirk-session of the parish, or, in 
 the case of a combination composed of two or more parishes, 
 four persons from the kirk-session of each parish, those parishes 
 only being to be deemed separate parishes as to this matter, 
 which were separate, in regard to the settlement and relief of 
 the poor, at the date of the act. 
 
 218. In all other parishes, this board is composed of (1.) all 
 the owners of lands and heritages within the parish, of the 
 annual value of L.20 or upwards ; (2.) the provost and bailies 
 of any royal burgh in the parish ; (3.) the kirk-session, if not 
 exceeding six, or, if exceeding that number, six of the members 
 to be nominated by the session; and (4.) such number of per- 
 sons as shall be fixed on by the board of supervision, to be 
 elected by the rate-payers other than those above mentioned 
 who are members of the parochial board, by reason of property 
 or office. 1 
 
 219. In burghal parishes, the elected members are to be 
 chosen by the whole body of rate-payers assessed for sup- 
 port of the poor, whether in respect of ownership, occupancy, 
 or means and substance; each owner of lands or heritages under 
 L.20, and each occupant or inhabitant assessed to the same 
 amount, having one vote ; of L.20 but under L.40, having 
 
 22, which provides for the other class, bears " That in every parish 
 not being a burghal parish, and not being part of any combination as 
 aforesaid." Now, taking these two descriptions together, the division 
 established by the statute might be contended to be into on the one 
 hand burghal parishes and all combinations of parishes, whether 
 burghal or not, and on the other parishes being neither burghal nor 
 forming part of any combination of parishes, of whatever character these 
 might be. There seems, however, no conceivable reason for such a 
 classification, and no object in it ; and as the words will, I conceive, 
 bear the construction put upon them in the text, I have adopted it, as 
 being that which alone could have been contemplated by the Legislature. 
 1 The board of supervision have adopted the following " Scale," accord- 
 ing to which they are to fix the number of elected members, whether in 
 burghal or non-burghal parishes ; in no case exceeding thirty, although,
 
 L33 
 
 I'onK. 
 
 CHAP. VI11. 1. 
 
 two votes ; of L.40 but under L.60, three votes ; of L.60 but 
 under L.100, four votes; of L.100 but under L.500, five votes; 
 of L.500 and upwards, six votes ; and where parties are as- 
 sessed both as owners and as occupants or inhabitants, they are 
 entitled to vote in both capacities ; provided that no person 
 shall have for himself more than six votes in all. 
 
 220. In non-burghal parishes, the owners of lands and 
 heritages of L.20 annual value, and, as such, having seats at 
 the parochial board, and those parties who are members ex 
 ojjwiis, have no vote for the elected members of the board, 
 who are chosen by the other rate-payers ; owners of lands and 
 heritages under L.20, and parties assessed in respect of occu- 
 pancy or means and substance to a less sum than that imposed 
 upon owners of L.20, having one vote each; such other 
 parties assessed in a sum corresponding to the assessments on 
 owners of L.20 and under L.40, two votes ; of L.40 and under 
 L.60, three votes; of L.60 and under L.100, four votes; of 
 L.100 and under L.500, five votes; of L.500 and upwards, 
 six votes; the same person, when owner under L.20, and 
 assessed in respect of occupancy or means and substance, being 
 entitled to vote both as owner and as otherwise assessed ; pro- 
 vided no one shall have more in all than six votes. 
 
 221. The books of the collector of the assessment are, in 
 regard to both classes of parishes, the conclusive evidence for 
 
 in regard to the latter class, the statute does not impose any absolute 
 restriction on the number. 
 
 Elected 
 
 Elect* 
 
 Population. Members 
 
 Population. Membt 
 
 Not exceeding 500 
 
 1 
 
 22,000 
 
 24,000 
 
 17 
 
 500 
 
 1,500 
 
 2 
 
 24,000 
 
 26,000 
 
 18 
 
 1,500 
 
 2,500 
 
 3 
 
 26,000 
 
 28,000 
 
 19 
 
 2,600 
 
 "3,500 
 
 4 
 
 28,000 
 
 30,000 
 
 20 
 
 3,500 
 
 ' 4,500 
 
 5 
 
 30,000 
 
 32,000 
 
 21 
 
 4,500 
 
 5,500 
 
 6 
 
 32,000 
 
 34,000 
 
 22 
 
 5,500 
 
 7,000 
 
 7 
 
 34,000 
 
 36,000 
 
 23 
 
 7,000 
 
 8,500 
 
 8 
 
 36,000 
 
 38,000 
 
 24 
 
 8,500 
 
 10,000 
 
 9 
 
 38,000 
 
 40,000 
 
 25 
 
 10,000 
 
 11,500 
 
 10 
 
 40,000 
 
 42,000 
 
 26 
 
 11,500 
 
 13,000 
 
 11 
 
 42,000 
 
 44,000 
 
 27 
 
 13,000 
 
 14,500 
 
 12 
 
 44,000 
 
 46,000 
 
 28 
 
 14,500 
 
 16,000 
 
 13 
 
 46,000 
 
 48,000 
 
 29 
 
 16,000 
 
 18,000 
 
 14 
 
 4.8 ftftft 50,000 & ) q ft 
 
 18,000 
 
 20,000 
 
 15 
 
 ' w upwards } 
 
 20,000 
 
 22,000 
 
 16 

 
 CHAP. VIII. 1. POOR. 133 
 
 ascertaining the number of votes which each rate-payer is en- 
 titled to give ; and no one can vote who has been exempted 
 from payment of poors'-rates on the ground of inability to pay, 
 or who has not paid up all rates due by him. 
 
 222. Where lands and heritages belong to, or are occupied 
 by, a corporation or company, or by several joint owners or 
 joint occupants, the votes in respect of the ownership or 
 occupancy of such lands and heritages must be given by some 
 one member or officer of the corporation or company, appointed 
 by them or their governing body, or some one of the joint 
 owners or joint occupants, appointed by them, and having his 
 name entered by their order in the books of the parish, in the 
 manner that may be directed by the board of supervision. 1 
 Husbands of owners of lands and heritages are entitled to votes, 
 in respect of their wives. 
 
 223. In regard to burghal parishes, the statute requires a 
 certain qualification for members of the parochial board, in the 
 possession, in ownership or occupancy, of lands and heritages 
 of an amount to be from time to time fixed in each parish by 
 the board of supervision, but not exceeding L.50 of annual 
 value. No such qualification is required in the case of non- 
 burghal parishes. In the latter class of parishes, again, a 
 qualification is established which is not required for burghal 
 parishes in regard to the ex offitio members ; it being pro- 
 vided as to the former, that no provost or bailie of a burgh 
 within the parish, and no elder of the kirk-session, shall, as 
 such, be a member of the parochial board, unless he be 
 
 1 25. In reference to this provision of the statute, the board of 
 supervision has adopted the following " Rule " " The board of super- 
 vision directs that the name of such person shall be entered in the 
 books of the parish or combination, by writing after his name in the 
 said books the word ' for,' followed by the designation under which the 
 business is transacted by the parties by whose order his name is to be 
 entered, if these be a corporation, joint stock or other company ; but if 
 these be not a corporation, joint stock or other company, but joint 
 owners or joint occupants, then after the name ordered to be entered 
 shall be written the words ' for himself, and' followed by the names 
 of the other joint owners or joint occupants with him, by whose order 
 his name has been entered." (First Report, App. II. No. 5, p. 20.)
 
 134 POOR. CHAP. VIII. 1 . 
 
 assessed and pay assessment for support of the poor of the 
 parish. 
 
 224. In burghaf parishes, the members appointed by the 
 kirk-sessions must be elected annually ; while in non-burghal 
 parishes, they may bo elected " for such time as to the kirk- 
 session shall seem fit." 
 
 225. In burghal parishes, the votes are to be taken in such 
 manner, and subject to such regulations, as the board of super- 
 vision shall direct ; l and in non-burghal parishes, a meeting of 
 the rate-payers entitled to vote is to be held yearly for the 
 purpose of election, and if the meeting do not agree in their 
 choice, then the inspector of the poor, or, in his absence or 
 inability, any person appointed by the parochial board to act 
 for the occasion, is to take in writing the votes of those entitled 
 to vote, and declare those persons elected who have a majority 
 of votes ; it being provided, in the case of this class of parishes, 
 that, in the event of an equality of votes, the party paying the 
 largest amount of assessment shall be preferred as the member. 
 No provision to this effect has been inserted in regard to an 
 equality of votes in the case of burghal parishes. 2 
 
 226. In both classes of parishes, the board of supervision 
 may divide the parish into separate wards or districts, for the 
 purpose of choosing the elected members of the parochial board, 
 and may determine the number to be elected for each ward or 
 district ; no person being entitled to vote in any ward or district 
 unless he either reside in it, or be the owner or occupant of 
 lands and heritages therein ; nor to give, in any ward, a greater 
 number of votes than his ownership or occupancy of lands and 
 heritages in that ward afford to him ; nor to give, in the whole 
 wards or districts, a greater number of votes, in all, than he 
 would have been entitled to if the parish had not been so di- 
 vided. 
 
 227. The day of the first election is to be fixed by the 
 board of supervision, and thenceforward the election is to take 
 
 1 The " Rules " established by the board of supervision will be found 
 in the Appendix. 
 
 1 The board of supervision have sought to supply this omission in the 
 statute by a provision (Art. 24) in their " Rules for conducting the 
 Election of Managers of the Poor in burghal parishes or combinations."
 
 CHAP. VIII. 1. POOR. 135 
 
 place annually thereafter; the members elected by the rate- 
 payers continuing in office for one year, but being capable of 
 re-election. 
 
 228. If the validity of any election of a member of the 
 parochial board be challenged, the party instituting the chal- 
 lenge, must, to entitle him to do so, give notice in writing of 
 his intention to the returning officer, at the time of his making 
 the return, or within forty-eight hours thereafter; and the 
 challenge must be made in form of a petition to the sheriff of 
 the county in which the parish or the greater portion thereof 
 may be situated. The sheriff is made the exclusive judge of 
 the validity of the election. He is directed to dispose of the 
 petition in a summary manner, and is authorised to hear the 
 parties and investigate the matter in such a way as he may 
 think proper, but without allowing any written pleadings or 
 any record to be made up, and also to call for such evidence 
 and documents as he may deem necessary. And his decision 
 is declared to be final, and not subject to review. 
 
 229. Pending the discussion on such petition, the parties 
 returned by the returning officer as having the majority of 
 votes, are entitled to sit, act, and vote, as members of the board, 
 until the question regarding the validity of the election shall 
 have been determined ; and their actings during this period, 
 as members of the board, are declared to be valid and effectual, 
 although they should be ultimately found not to have been 
 duly elected. ( 28). 
 
 It is also generally enacted, by the same section, that " no 
 defect in the qualification, election, or appointment of any per- 
 son acting in the character of a member of the parochial board, 
 shall vitiate or make void any proceedings of such board in 
 which he may have taken part." 
 
 230. Where the qualification of any member of the parochial 
 board is challenged, the question may be competently tried by 
 a suspension and interdict in the Court of Session, to have him 
 prohibited from acting. 1 
 
 231. Every parochial board, whether composed (as in non- 
 assessed parishes) of the parties entitled to administer the law 
 prior to the passing of the late statute, or (as in assessed 
 
 1 Gilraour, Feb. 18, 1852 (14 S. R. 2d Ser. 521).
 
 136 POOR. CHAP. VIII. 1. 
 
 parishes), of the members thereby prescribed, must annually 
 elect one of their number to be chairman for the ensuing year ; 
 and the chairman so elected is entitled to preside at all meetings 
 of the board, and has both an original vote, and also, in case 
 of equality, a casting vote. In his absence, the members 
 present, at any meeting, are directed to appoint a chairman, 
 pro tempore, for that meeting, who, in like manner, has an 
 original and a casting vote. ( 31). 
 
 232. The parochial board is entitled to fix days and places 
 for stated meetings, and to adjourn such meetings to such 
 times and places as they shall see fit ; but they are specially 
 required to hold at least two general meetings 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." ( 30). 
 
 The board is also entitled to hold special meetings, as occa- 
 sion may require, on summonses to be issued either by the 
 inspector of the poor, or by the chairman of the board. 1 ( 30). 
 
 233. In the exercise of the power conferred on the board 
 of supervision by the 90th section of the 8 & 9 Viet., to pre- 
 scribe the form and manner of intimations, when not prescribed 
 by the act itself, that board has directed that all intimations of 
 meetings, in whatever form, shall be given ten free days before 
 the day of meeting, and shall specify " the day of meeting, and 
 the purpose for which the meeting is called ; " and that in all 
 cases " such notices shall be affixed to the door of the parish 
 church." It has further established the following rule : viz., 
 " In all parishes and combinations in which the number of 
 persons entitled to attend any meeting shall not exceed one 
 hundred, notice is also to be given to each person by a written 
 or printed billet ; and all such billets put into the post-office 
 ten free days before the day of meeting, shall be held to have 
 
 1 Formerly, meetings of heritors and session were called by the minister, 
 by intimation from the pulpit. The provision of the statute above 
 referred to would seem to supersede this mode of calling meetings, even 
 where the heritors and session continue to constitute the board.
 
 CHAP. VIII. 1. POOR. 137 
 
 been duly delivered. But when the number of persons en- 
 titled to attend any meeting shall exceed one hundred, notice 
 is to be given by advertisement in one or more of the news- 
 papers which may be deemed to be most extensively circulated 
 in the parish or combination, instead of by billet." 1 
 
 234. When assembled, each member of the parochial board 
 present is entitled equally to one vote, both in reference to the 
 ordinary administration under the acts of parliament, and to 
 the management of mortifications for the use of the poor. 2 
 Husbands of owners of lands and heritages are entitled to act 
 and vote in right of their wives; 3 and those members of the 
 board who sit as heritors, are entitled to appoint any other 
 persons to vote and act for them, as their agents or man- 
 datories ; the appointment being by a writing under their hand 
 (which is declared to be valid though unstamped), and remain- 
 ing in force till recalled. 4 
 
 235. By the 15th section of the 8 & 9 Viet, it is provided 
 that any of the members of the board of supervision, or the 
 secretary, may attend any meeting of a parochial board for 
 the management of the poor, and take part in the discussions, 
 but without voting ; and the like privilege is extended to any 
 clerk or officer of the board of supervision authorised by a 
 writing, signed by two, at least, of the members of that board. 
 
 236. Parochial boards are empowered to appoint committees 
 to act on behalf of the whole board ; and it is provided that 
 " such committees, in transacting the business committed to 
 them, shall exercise all the powers necessary for that purpose 
 which belong to the parochial board." 5 
 
 1 First Annual Report, App. B, No. 5. Under the former system, the 
 act 1672, c. 18, had directed intimation of meetings for taking up the 
 lists of the poor to be made to heritors, from the pulpit, on the Sunday 
 preceding the meeting ; and the court had further prescribed that, when 
 any important matter was to be considered, notice should be given from 
 the pulpit ten free days before the day of meeting. Humbie, Feb. 15, 
 1751 (M. 10555). 
 
 2 Humbie, Feb. 15, 1751 (M. 10555). Earl of Galloway, Feb. 22, 
 1810 (F. C.) ; and case of Cardross, there referred to. See, however, 
 Leslie, June 9, 1814 (F. C.), as to the effect of usage regarding the 
 management of a mortification. 
 
 3 8 & 9 Viet., c. 83, 26. 
 
 4 22. Murdoch v. Robertson, Feb. 23, 1830 (8 S. R. 1st Ser. 587). 
 
 5 30.
 
 138 POOR. CIIAP. VIII. 1. 
 
 Such committees of management are not entitled to exclude 
 the other members of the board from access to the books. 1 
 
 237. All property, of whatever description, and whether 
 held by usage, public law, or private grant, vested in the heri- 
 tors and kirk session of any parish, or in the magistrates or 
 council of any burgh, or in trustees on behalf of such parties, 
 for the use and benefit of the poor of such parish or burgh, is 
 transferred by the 8 & 9 Viet, to the parochial board, and the 
 several parties previously vested therein are required either 
 to continue to hold it for behoof of the parochial board, or to 
 execute such conveyances as may be necessary to enable the 
 board to administer the property. The act provides that such 
 property shall vest in the parochial board " from and after a 
 time to be fixed by the board of supervision ; " and that board 
 has fixed, as the date of vesting, " the day on which the 
 managers or elected members of the new parochial board shall 
 have been elected." 2 
 
 238. The jurisdiction of the parochial board relates, 1. To 
 the taking up the lists of the poor ; 2. To the levying funds 
 for their support ; 3. To the ordering and disposing of the 
 maintenance of the poor ; and, 4. To the execution of the 
 laws against vagabonds. In reference to this last mentioned 
 class of laws, the heritors and kirk-sessions seem never to have 
 exercised the powers granted them ; and their right to do so 
 may well be considered as lost by desuetude. However this 
 may be, the powers were conferred on them only cumulatively 
 with sheriffs and justices of the peace. As to their nature and 
 extent, see infra, sect. 4. 
 
 239. (1.) Under the first of these classes, viz. the " taking 
 up lists of the poor," are included all questions as to the title 
 of claimants to be relieved as their poverty, and their disability 
 to support themselves by labour; 3 in reference to which the 
 parochial board have the exclusive right to determine in the 
 first instance. 4 
 
 It might seem that the same principle on which the findings 
 
 1 Wiiigate, May 21, 1851 (13 S. R. 2d Ser. 1234). 
 
 1 First Annual Rep., App. B, No. 14. 
 
 1 See the findings in the judgment in the Abbey Parish of Paisley v. 
 Richmond, &c., Nov. 29, 1821 (1 S. R. 1st Ser. 189), and Higgins, 
 July 0, 1824 (3 S. R. 1st Ser. 239). 4 Ibid. Note.
 
 CHAP. VIII. 1. POOR. 139 
 
 in the case of Paisley, here referred to, proceeded, should have 
 been included among those matters in which the parochial board 
 have the sole right of determining, in the first instance, all 
 questions relative to the right of settlement, where the pauper 
 claiming relief was the only party insisting in the right ; for, in 
 such cases, the question of settlement was simply a question as 
 to the title to be relieved, and fell under the words of the 
 statutes, which, in directing the heritors and kirk-sessions to 
 make up the lists of the poor, empower them to enquire 
 " in what parishes they have most haunted during the last 
 three years." 1 But, even prior to the recent statute, there 
 certainly was a tendency, both in practice and in our courts, 
 to make a distinction between this question of settlement and 
 those of disability and the amount of aliment, and to hold that, 
 when the right to be alimented was admitted, the question of 
 settlement, or whether a particular parish was bound to furnish 
 that aliment, might competently be entertained by the Judge 
 Ordinary. 2 Since the passing of that act, which gives the 
 sheriff power to decide, generally, on the right to relief when 
 refused by the parochial board, without reference to the ground 
 of refusal, this distinction is practically of no importance. 
 
 240. Where the settlement of a pauper and the burden of 
 his maintenance is disputed between two parishes, the question 
 then becomes one of patrimonial interest, and would undoubt- 
 edly be still held competent, as formerly, before the Judge 
 Ordinary. 3 
 
 241. Claims for relief should be made to the inspector. It 
 is not required by any enactment that these be in writing ; 
 but if the claimant be admitted to the roll, his name and sur- 
 name, with his age and condition, and the sums paid to him, 
 ought to be inserted in a register- book kept for that purpose. 4 
 
 1 1672, c. 18. See also 1579, c. 74, and Proclamation, 29th Aug. 1693. 
 
 2 See opinion of Lord Glenlee, in parish of Glassford, July 10, 1827 
 (5 S. R. 1st Ser. 921). Also, Monypenny, p. 112. 
 
 8 As was done in Hutton, Dec. 6, 1770 (M. 10574). Coldingham, July 
 28, 1779 (M. 10582). Rescobie, Nov. 28, 1807 (M. 10589), and several 
 other cases. 
 
 4 1579, c. 74 ; 1672, c. 18 ; 8 & 9 Viet., c. 83, 55. In a case prior 
 to the late statute, it was observed by one of the judges that it was the 
 duty of the heritors and kirk-session to give a written deliverance on all
 
 140 POOR. < MAP. VIII. ]. 
 
 A register must also be kept of all claims refused, with the 
 grounds of refusal. 
 
 242. Formerly, 'the decision of the parochial board, refusing 
 a claim for relief (unless, perhaps, when the refusal was rested 
 on a supposed absence of a legal settlement), could only be 
 reviewed by the Court of Session, in an advocation of the 
 judgment. But by the 8 & 9 Viet., in every case of refusal 
 it is made competent to apply to the sheriff, who is empowered 
 to decide on the claim, and also, if he see cause, to give an 
 order for interim relief pending the discussion. He cannot, 
 however, fix the amount of relief, whether interim or perma- 
 nent, nor interfere with the determination of the parochial 
 board as to that matter. 1 It would probably be held, however, 
 if a parochial board were to award a clearly illusory allow- 
 ance, in order to escape the jurisdiction of the sheriff, that they 
 could not thus evade the provisions of the statute. 
 
 243. While giving this new jurisdiction to the sheriff, the 
 act does not exclude the mode of review which alone was pre- 
 viously competent, by advocation at once to the Court of 
 Session from the decision of the parochial board. The judg- 
 ment of the sheriff also, is, of course, subject to such review. 
 
 244. The sheriff cannot entertain an application for an order 
 on a parochial board to grant relief under the late statute, 
 unless the applicant shall have previously applied to the board. 
 
 245. For the purpose of investigating the circumstances of 
 applicants for relief, visiting the poor receiving relief, &c., 
 each parochial board is bound to appoint an inspector, or in- 
 spectors, with assistant inspectors in populous or extensive 
 parishes, to be paid out of the poor's funds. 2 Where, however, 
 the parochial board had appointed a single inspector for the 
 whole parish, it was found that they were not afterwards en- 
 titled to appoint an additional inspector as colleague to him, 
 dividing between the two the out-door and in-door labour. 3 
 
 applications for relief. Anderson v. Muir, Nov. 29, 1834 (13 S. R. 1st 
 Ser. 108). 8 & 9 Viet., 73. 
 
 J 8 & 9 Viet., c. 83, 32, 55. 
 
 1 Board of Supervision, Feb. 1, 1850 (12 S. R. 2d Ser. 627). The 
 Court seem to have held that, notwithstanding the single appointment at 
 first, an additional inspector might have been appointed when required
 
 CHAP. Vllli 1. POOR. 141 
 
 246. (2.) The parochial board has the sole right of de- 
 termining, in the first instance, whether an assessment shall be 
 levied the rule by which it is to be apportioned among the 
 inhabitants, so far as the acts of Parliament leave that discre- 
 tionary, and all other questions relative to the execution of this 
 delegated power of taxation, which, in reference, to the 
 ordinary poor, is conferred by the legislature on this body 
 alone. Their powers as to these matters have been sufficiently 
 treated of supra, chap. v. sect. 2. 
 
 247. The parochial board may appoint one or more officers 
 to collect the assessment, with a salary payable out of the 
 funds. l 
 
 248. The collection of contributions at church doors is 
 properly the province of the minister and elders ; but when 
 they neglect this duty, the heritors are in use to officiate in 
 their stead. It may be doubted whether the heritors could 
 now, since the passing of the late act, interfere in this way in 
 parishes where an assessment has been introduced. 
 
 249. The kirk-session has the exclusive privilege of letting 
 out mortcloths to hire, for the benefit of the poor. 2 
 
 Individuals or societies may, however, acquire a joint right 
 as to this, by prescriptive usage. 3 
 
 250. (3.) In reference to the administertng the funds to 
 the ordering and disposing of the poor, and determining the 
 amount and nature of the relief to be given in each particular 
 case, the powers of the parochial board have been already 
 sufficiently adverted to in treating of relief. (Supra, chap, iv.) 
 Their jurisdiction in these matters, as has been stated, is ex- 
 clusive of every other, in the first instance. 4 
 
 by increase of duty, but that this could only be done 'by dividing the 
 parish into districts, with a separate inspector, whose duties, within his 
 own district, would comprehend all those laid on inspectors by the statute ; 
 and that the invalidity of the act of the parochial board here consisted in 
 a division of duties not sanctioned by the statute thus creating a new 
 office not thereby authorised. 
 
 1 Proclamation, llth Aug. 1692. 8 & 9 Viet. c. 83, 38. 
 
 2 Tumbull, Aug. 10, 1756 (M. 8013). 
 8 Dumfries, Feb. 18, 1783 (M. 8018). 
 
 * Paton, Nov. 20, 1772 (M. 10577) ; Coldingham, July 28, 1779 (M. 
 10582) ; Abbey Parish of Paisley, Nov. 29, 1821 (1 S. R. 1st Ser. 189).
 
 142 POOR. CHAP. VIII. 1. 
 
 251. Their powers in reference to the administration of 
 funds mortified for the use of the poor, whether of a whole 
 parish or a specific district, where such funds are not intrusted 
 to persons specially nominated, are equally extensive, and are 
 subject to the same control by the Supreme Civil Court as the 
 powers possessed by them in reference to the ordinary funds 
 for the support of the poor. 1 
 
 252. In the event of the heritors and kirk-sessions neglect- 
 ing their duty, and refusing to exercise the powers committed 
 to their charge, the acts of Parliament and proclamations 
 provided a remedy, by the infliction of fines, amounting to 
 L.200 Scots monthly, while they so failed. 2 The imposition 
 of these fines was committed to sheriffs and justices of peace ; 3 
 and an effectual power of control was granted to the Privy 
 Council, who were invested with full powers to cause all persons 
 intrusted with the execution of the poor-laws to perform the 
 parts enjoined on them. 4 
 
 The powers of the Privy Council in this matter are now 
 held to be vested in the Court of Session. As to these, see 
 infra, sect. 5. 
 
 253. The parochial board, being a court intrusted with 
 powers of a judicial and ministerial nature, cannot be con- 
 sidered as a private body, liable to paupers in relief, and 
 having their recourse against the parish at large. They must 
 be regarded as judges bound to perform the duties of their 
 office ; and, accordingly, where the heritors and kirk-session 
 neglected to meet, or to obey the injunctions of the statutes, 
 the competent remedy was, by petition and complaint, at the 
 instance of the party aggrieved, to the Court of Session, as 
 against any inferior magistrate or judge who had failed in the 
 execution of his duty, or was guilty of malversation in office, 
 such as a sheriff refusing to hold courts, or the like. 5 This 
 would seem also to be the remedy where the parochial board 
 
 1 Proclamation, llth Aug. 1692 ; Humbie, Feb. 15. 1751 (M. 10555) ; 
 Earl of Galloway, Feb. 22, 1810 (F. C.) ; see supra, 122. 
 
 1 1592, c. 149; 1600, c. 19; 1672, c. 18; Proclamation, llth Aug. 
 1692. By proclamation, 31st July 1694. See infra. 
 
 * 1695, c. 53 ; 1698, c. 21. 
 
 4 Telford, March 10, 1826 (4 S. R. 1st Ser. 545).
 
 CHAP. VIII. 1. POOR. 143 
 
 do not implement an order to the sheriff to grant relief, pro- 
 nounced in virtue of the powers conferred on him by the 8 & 9 
 Viet. 
 
 254. By the 87th section of that act, the board of super- 
 vision is specially empowered, in the event of any neglect or 
 refusal on the part of a parochial board to do what is required 
 of them by law, to apply, by summary petition, to the Court of 
 Session, or, in time of vacation, to the Lord Ordinary on 
 the bills, " which court and Lord Ordinary," the act bears, 
 " are hereby authorised and directed in such case to do therein 
 as to such court or Lord Ordinary shall seem just and ne- 
 cessary." l 
 
 It was previously held competent for the sheriff to ordain 
 heritors and kirk-session to meet, and take into consideration 
 a claim for relief. 2 
 
 255. By the 86th section it is provided that all actions on 
 account of any thing done in the execution of the act, must be 
 brought before the sheriff-court, and within three months after 
 the fact committed, a month's notice being also given before 
 the action is commenced ; and it is also enacted, that no pur- 
 suer in such action shall recover for irregularity or wrongful 
 proceedings, if a tender of sufficient amends shall have been 
 made before the action be brought, or, if after it is in de- 
 pendence, with the charges and expenses which the pursuer 
 may, at the time of the tender, have incurred in prosecuting 
 the action. 
 
 This provision was decided not to extend to an action of 
 reduction of an alleged assessment as in violation of the 
 statute. 3 
 
 1 Such a complaint was had recourse to not long after the passing of 
 the act. Board of Supervision, Feb. 1, 1850 (12 S. R. 2d Ser. 732). 
 
 2 Opinions of Judges in Richmond v. Abbey Parish of Paisley ; 
 Glassford, July 10, 1827 (5 S. R. 1st Ser. 921). 
 
 6 Fergusson, Feb. 14, 1850 (12 S. R. 2d Ser. 732).
 
 144 POOH. HA I'. Mil. 
 
 SECTION II. 
 
 OF THE BOARD OF SUPERVISION. 
 
 256. The board of supervision, established in virtue of the 
 provisions of the 8 & 9 Viet., consists of the provosts of 
 Edinburgh and Glasgow, the solicitor-general, and the sheriffs 
 of Perth, Renfrew, and Ross, all for the time being ; together 
 with three other persons appointed by the sovereign. 
 
 257. This board is directed ( 5) to hold two stated general 
 meetings annually, namely on the first Wednesday in Feb- 
 ruary, and on the first Wednesday in August, with power to 
 adjourn to such time and place as they may see fit ; and also, 
 to hold special or pro re nata meetings, to be called by the 
 secretary, by written notice as the board shall direct such 
 notice always specifying the business for which such pro re nata 
 meetings are called. Three members at all meetings form a 
 quorum. 
 
 258. The board may appoint committees, with power to such 
 committees to exercise all the powers in reference to the 
 business entrusted to them which the act has conferred on 
 the board ( 6) ; and they are authorised ( 7) to make and 
 alter, from time to time, regulations for the conduct of the 
 business of the board, and the exercise of its powers ; which 
 rules and alterations are to be transmitted to the secretary of 
 state, and are to be held approved by him if no intimation to 
 the contrary be made within 21 days from the date of trans- 
 mission. A copy of the regulations, certified by the secretary 
 of the board, is declared to be evidence of the same, in any 
 court of law or justice. 
 
 259. The board are required ( 8) to keep a record of their 
 actings, and to make a report annually to the Secretary of 
 State, of their proceedings, and of the condition and manage- 
 ment of the poor throughout Scotland ; and they are authorised 
 ( 9, 10, 11, 12, 13) to enquire into the management of the 
 poor in any parish, by requiring answers to written queries, 
 and production of books and writings, and by the examination of
 
 CHAP. VIII. 2. POOR. 145 
 
 witnesses upon oath. Such enquiry the board may conduct 
 before themselves, or through one of the members appointed 
 for that purpose, or by means of commissioners, whom they 
 are empowered, with consent of the Secretary of State or Lord 
 Advocate, to appoint for carrying on such enquiry, for any 
 period not exceeding 40 days. They have also power ( 14) 
 to appoint all such clerks, messengers, and officers, as they 
 may deem necessary (the salaries being regulated by the Lords 
 of the Treasury), and to remove them at their discretion. 
 
 260. Any member of the board, or the secretary, or any 
 clerk or officer who may be authorised by a writing signed by 
 at least two of the members, may attend meetings of parochial 
 boards and take part in the discussions, but without the power 
 of voting. 
 
 261. The board of supervision, either on application of the 
 parochial boards of adjoining parishes, or ex proprio motu, may 
 appoint the parochial boards of any adjoining parishes to meet 
 for the purpose of considering the expediency of such parishes 
 being combined, so far as regards the relief of the poor ; and 
 where the parochial boards shall resolve that it is expedient to 
 form a combination, the board of supervision may declare that 
 such parishes shall thenceforward be combined, and be con- 
 sidered as one parish so far as regards the support and man- 
 agement of the poor, and all matters connected therewith. 
 The board of supervision are also empowered to add to a com- 
 bination once formed, any adjacent parish. To this the consent 
 of the parochial board of such adjacent parish is necessary, 
 but nothing is said in the statute with reference to the consent 
 of the parochial board of the combination to which it is to be 
 added ; and no power is given to separate parishes once com- 
 bined. 
 
 262. In reference to the constitution and election of parochial 
 boards, the board of supervision has the power of fixing the 
 number of elected members not being, in burghal parishes, 
 more than thirty and to prescribe the qualification of the 
 elected members in burghal parishes ; such qualification, how- 
 ever, not being fixed in any case at a higher value than L.50 
 of yearly value of the premises owned or occupied by the 
 parties. They are authorised, also, to divide parishes into dis- 
 
 R
 
 14C POOK. f CHAP. VIII. 2. 
 
 tricts or wards, and to assign to each the number of members 
 to bo elected for such district or ward. They have the power, 
 also, of fixing the 'day for the first election after an assessment 
 shall have been resolved on, and of prescribing the rules by 
 which the manner of collecting and returning the votes shall 
 be regulated. l 
 
 263. In reference to the matter of assessment, when a 
 parochial board has once resolved to raise the funds for 
 support of the poor by assessment, they cannot thereafter 
 alter or depart from their resolution without the consent of 
 the board of supervision. 2 The approval of that board is 
 further necessary to the resolution of the parochial board as 
 to the mode of assessment to be adopted, whether one of the 
 three specified in the statute, or according to a local usage, if 
 there be any such ; and the mode of assessment once adopted 
 and approved of, cannot afterwards be changed without consent 
 of the board of supervision. 3 The concurrence of the board is 
 also required to the classification of lands into separate classes, 
 for the purposes of assessment on the tenants or occupiers. 4 
 
 264. The board of supervision has a superintending authority 
 in regard to the erection and ordering of poors'-houses. Their 
 approval is necessary for the erection of a poors'-house, or 
 making additions to, or alterations on, an existing poors'- 
 house; 5 and for the agreement of two or more adjacent parishes 
 to have a common poors'-house, and also, after such agreement 
 has once been effected, for the withdrawal of any of the parishes 
 from the union. All regulations for the management and 
 discipline of the poors'-house must receive the approval of 
 the board before being acted on ; 6 and the rates to be charged 
 for the maintenance of poor persons from other parishes, must 
 also receive their approval. 7 
 
 265. The regulations for the supplying of medicines to the 
 inmates of poors'-houses must also be submitted to the board 
 of supervision, who have power to suspend or remove the 
 medical man employed by the parochial board to attend the 
 
 1 8 & 9 Viet. c. 83, 17-24. l 33. * 34, 35. 4 36. 
 
 * 60, 61, 63. The plans must be submitted to the board, and signed 
 by at least three members in attestation of their approval. 
 
 64. : 65
 
 CHAP. VIIT. 2. POOR. 147 
 
 poors'-house, if it shall appear to them that he is unfit for or 
 neglects his duty. 1 
 
 266. In regard to insane or fatuous paupers, the board of 
 supervision has power, in case of neglect on the part of the 
 parochial board, to take measures for placing them in a lunatic 
 asylum or establishment, at the expense of the parochial 
 board; and also, in special circumstances, to consent to the 
 placing such paupers in an asylum being dispensed with, 
 and their being provided for otherwise, under such regulations 
 as to inspection as they may sanction. 2 
 
 267. When the relief given to a pauper is complained of as 
 inadequate, the consent of the board of supervision is necessary 
 to sanction his instituting the requisite action for redress ; 3 but 
 a minute of the board declaring that, in their opinion, he has 
 a just cause of action, at once entitles him, without further 
 proceedings, to the benefit of the poors'-roll in the Court of 
 Session for carrying on his suit ; and after it has been com- 
 menced, the board of supervision have power to award to him 
 such interim aliment during its dependence as they may deem 
 just, and their award the parochial board is bound to obey. 4 
 
 268. The board of supervision is entitled to apply, by sum- 
 mary petition, to the Court of Session, or during vacation to 
 the Lord Ordinary on the bills, in the event of parochial boards 
 refusing or neglecting to do what is by law required of them, 
 or in the event of any obstruction arising in the execution of 
 the act. 5 
 
 The board, by their secretary, or in name of any agent ap- 
 pointed by them, is entitled to recover the penalties imposed 
 by the act. 6 
 
 269. The board of supervision, as well as the parochial 
 board, is authorised to require inspectors to visit the poor at 
 their residences oftener than twice a-year, provided they be 
 resident within five miles of any part of the parish ; and the 
 inspector is further directed to report to the parochial board 
 and board of supervision on all matters connected with the 
 
 1 66. No power of dismissal is given to the board of supervision in 
 
 regard to medical men employed in parishes where there is no poors' - 
 house. 
 
 J 59. 3 65. 4 74. 5 87. 81.
 
 148 POOH. CHAP. VIII. 3. 
 
 management of the poor, conformably to the instructions of 
 these boards respectively. 1 
 
 The board of supervision lias the power of suspending or 
 dismissing the inspector, if he fail or refuse to perform the 
 duties of his office, or if he shall be, in their opinion, unfit for 
 the discharge of these. 2 
 
 270. The form and manner of all notices not prescribed by 
 the statute, may be from time to time prescribed by the board 
 of supervision. 3 
 
 SECTION III. 
 
 OF INSPECTORS AND COLLECTORS. 
 
 271. Every parochial board is bound to appoint an inspector 
 or inspectors, whose salaries they have the power of fixing. 4 
 Where the parish is populous and extensive, so that more in- 
 spectors than one are required, the board may divide the 
 parish into districts, with a separate inspector for each district ; 
 and they may appoint assistant-inspectors in the parish or 
 district, for whose conduct and accuracy the inspector is de- 
 clared responsible to the board of supervision. 5 The parochial 
 board, while they may divide the parish into districts, with an 
 inspector to each, cannot appoint joint inspectors, and assign 
 to each a separate set of duties. 6 
 
 272. It is the duty of the inspector to take the votes at 
 elections of members of the board, a function to be per- 
 formed, in his absence or inability, by any person appointed 
 by the board ; 7 and the inspector or other officer wilfully 
 making a false return, is liable to a penalty of L50 sterling. 8 
 He is entitled to issue summonses for meetings of the parochial 
 board. 9 All actions by or against the board may be carried 
 on in his name ; 10 and, in the event of the death or resignation 
 of an inspector, a depending action may be carried on by his 
 successor, without any transference. n 
 
 '55. 2 56. '90. 32. "55. 
 
 8 Board of Supervision, Feb. 1, 1350 (12 S. B. 2d Scr. 627). 
 
 7 24. " 29. 9 30. 10 57. 58.
 
 CHAP. VIII. 3. POOR. 149 
 
 273. The inspector is entitled to the custody of, and is 
 responsible for, all books, writings, accounts, and documents 
 relating to the management of the poor in the parish, or 
 division of a parish, to which he may have been appointed ; and 
 it is declared that it shall be his duty " 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 poor persons, 
 and of the sums paid to them, and of all the 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 parish, or division of the parish, in 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 all matters connected with the management of 
 the poor, in conformity with the instructions he may receive 
 from the said boards respectively ; and to perform such other 
 duties as the said boards may direct." * 
 
 274. When an application for relief is made by a poor per- 
 son, the inspector is required to investigate his circumstances, 
 and if, though having no settlement in the parish, he be other- 
 wise entitled to parochial relief, the inspector is bound to give 
 relief ad interim, or to state his reasons for refusal, within 
 twenty-four hours ; though, if he provide the necessary support 
 in the meanwhile, he may delay his action for such time as 
 may be required for investigation. 2 
 
 275. The inspector is the proper party to apply for warrants 
 for the removal of English or Irish paupers, and to make 
 arrangements for such removal ; 3 and also to prosecute parties 
 who, after removal, shall have returned and become again 
 chargeable, 4 and parties who have deserted, or, being able, 
 neglect to maintain their wives and children. 5 
 
 276. Inspectors may be dismissed or suspended by the board 
 of supervision, in the event of their failure, neglect, or refusal 
 to perform the duties of their office. 6 
 
 1 55. 2 70. * 77. 4 79. 5 80. 6 56.
 
 150 I'OOK. CHAP. VIII. 4. 
 
 277. The board of supervision have prescribed various 
 regulations and instructions for the due performance of the 
 duties of their office, which will be found in the Appendix. 
 
 278. Parochial boards may appoint one or more persons as 
 collectors of assessments, with salaries to be fixed by the boards; 
 and the same person may hold both the office of collector and 
 that of inspector. 1 The collector, as soon as the assessment 
 roll is made up, is bound to intimate to each person the amount 
 to be levied from him. 2 
 
 279. The levying of the assessment is specially the duty of 
 the collector. Where a parochial board had appointed two 
 persons as interim joint collectors, one of whom was to act as 
 collector and the other as treasurer, and diligence for recovery 
 of the assessment had been used by the former alone, the court 
 found that it was he and not the inspector who was the proper 
 party to raise such diligence, and that, under the terms of the 
 appointment, it was not necessary that it should be raised at 
 the joint instance of the two collectors. 3 
 
 SECTION IV. 
 
 OF THE JURISDICTION OF SHERIFFS AND JUSTICES OF THE 
 PEACE. 
 
 280. So long as the provisions of the acts of Parliament were 
 confined to the object of suppressing vagabonds, the power of 
 putting them into execution was intrusted to sheriffs and other 
 inferior magistrates. 4 On the establishment of a system for 
 the support of the impotent poor, by the act 1579, c. 74, the 
 administration of which was confined (as has been seen above) 
 to the magistrates in burghs, and in the landward parishes to 
 justices named by the king's commission, afterwards super- 
 seded by the heritors and kirk-sessions, the sheriffs, stewards, 
 and bailies were merely directed generally " to see the acts 
 put in due execution " within their several jurisdictions. 
 
 281. This general charge was repeated by subsequent acts 
 
 1 38. 39. Leys, Feb. 8, 1851 (13 S. R. 2d Ser. 630 ). 
 4 1424, c. 7, 25, and 42. 1440, c. 22. 1503, c. 70.
 
 CHAP. VIII. 4. POOR. 151 
 
 of Parliament ; and the extent and nature of the powers con- 
 ferred on them for the purpose of exercising it, are set forth 
 by the proclamation 31st July 1694, which authorizes sheriffs, 
 justices of the peace, and magistrates of burghs, " to take trial 
 how far, and in what manner, the said acts of Parliament and 
 Proclamations of Council have been obeyed, and put to execu- 
 tion," by the " ministers, heritors, and elders of every parish, 
 and householders and inhabitants within the same," " and 
 where any have neglected, or been deficient and wanting in 
 what is required of them by the said acts and proclamations, to 
 amerciate and fine them therefor in manner therein specified." 1 
 
 282. By one act of Parliament (1661, c. 38), containing in- 
 structions to justices of peace and constables, the former were 
 directed to undertake the administration of the provisions for 
 the support of the ordinary poor. 
 
 It does not appear, however, that they ever exercised the 
 powers thereby conferred on them as to this matter ; and, at 
 any rate, the administration of the poor-laws was restored to 
 the kirk-sessions, with whom the heritors were then for the 
 first time joined, by the act 1672, c. 18, confirmed by the 
 several proclamations. This part, therefore, of the act 1661, 
 may be considered as virtually repealed, or at least to have 
 fallen into total desuetude. 
 
 283. No power was by any other enactment prior to the 
 8 & 9 Viet., granted to sheriffs, justices of peace, or any inferior 
 judges, to decide on any question relative to the administration 
 of the laws for the support of the ordinary poor. By the re- 
 laxation of practice, however, these magistrates and judges 
 came to be in use to exercise even a primary jurisdiction in 
 reference to such questions. 
 
 284. The assumption of this jurisdiction, in so far as it 
 regarded the fixing the aliment to which an applicant for 
 parochial relief was entitled, was early censured by the 
 Supreme Court. It is noticed with disapprobation by Lord 
 Kilkerran, in a case which occurred about the middle of last 
 century, where the justices of peace had exercised this power. 2 
 More lately, where this had been done by the sheriff, the 
 
 1 Proclamation llth August 1692. 
 
 2 Dunse, June 5, 1745 (M. 10553).
 
 152 POOH. CIIAP. vin. 4. 
 
 Court reduced his decree, on the ground " that he had arrogated 
 to himself powers which belong exclusively to the minister, 
 elders, and heritors of the parish," 1 and a decision to the same 
 effect was pronounced a few years thereafter. 2 
 
 It is now, therefore, considered to be a settled point, that 
 sheriffs and other inferior judges cannot decide, in the first 
 instance, any questions as to the administration of the laws 
 relating to the ordinary poor within the jurisdiction of the 
 parochial board, except in so far as special powers have been 
 given them by the late statute. 
 
 285. Besides the assumption of the power of determin- 
 ing, in the first instance, questions which fell exclusively 
 within the jurisdiction of the heritors and kirk-session, the 
 sheriffs, and justices of peace, were in use to review the de- 
 cisions of these bodies on such questions; and it was not till a 
 comparatively recent period that their power to do so was 
 questioned. The first case which is reported on this subject 
 occurred in 1821. 3 
 
 In consequence of the great distress occasioned by the sudden 
 stagnation of trade in 1819, several hundreds of able-bodied 
 men in the town of Paisley having been thrown out of employ- 
 ment, applied to the parish for relief. The heritors and kirk- 
 session having refused to support them, on the ground " that 
 they did not fall within the class of poor for which the law 
 provided," they applied to the sheriff. He repelled an objec- 
 tion to his jurisdiction, and ordained the heritors and kirk- 
 session to meet and assess themselves for the relief of these 
 persons. But in an advocation, the Court adhered to an inter- 
 locutor of the Lord Ordinary (Lord Pitinilly), which assoilzied 
 the parish, in respect " that by the acts of Parliament and 
 royal proclamations regarding the poor, the determination of 
 the two following questions : 1st, Whether claimants of paro- 
 chial aid are of the description of persons that are entitled 
 to such relief? and, 2d, If they be of this description of per- 
 sons, what shall be the amount of the assessment and relief ? 
 is vested in the heritors and kirk-session of the parish, and 
 
 1 Paton, Nov. 20, 1772 (M. 10577). 
 
 2 Coldingham, July 28, 1779 (M. 10582). 
 
 Abbey Parish of Paisley, Nov. 29, 1821 (1 S. R. 1st Scr.
 
 CHAP. VIII. 4. POOR. 153 
 
 that no control on the proceedings and determination of the 
 kirk-session in those particulars is committed to sheriffs or 
 other inferior judicatures ; and in respect the powers committed 
 to sheriffs to see the enactments relative to the poor carried 
 into effect, do not infer a jurisdiction to interfere with the 
 decisions of the heritors and kirk-session on either of the two 
 questions above referred to." 
 
 The interlocutor reserved to the applicants, " if dissatisfied 
 with the proceedings of the heritors and kirk-session of their 
 parish, to apply by a competent action to the Supreme Civil 
 Court." 
 
 286. This decision may be held to have settled the law, that 
 the judgments of the heritors and kirk-session, as to all matters 
 relative to the ordinary poor intrusted to their charge by the 
 acts of Parliament, cannot be reviewed by any judicature but 
 the Supreme Court. For although the question at issue only 
 regarded the powers of the sheriff, yet the findings of the Court 
 are so framed as to include justices of the peace, and all inferior 
 judicatures whatever; and such, accordingly, has been the 
 opinion expressed by the judges on different occasions since 
 that judgment was pronounced. 
 
 287. In like manner, although the only question embraced 
 by this decision related to the title of an applicant to be sup- 
 ported out of the poor's funds, yet the case seems necessarily 
 to determine the rule of law to be adopted in regard to the 
 powers, in reference to all other questions, exclusively granted 
 by acts of Parliament to heritors and kirk-sessions. It esta- 
 blishes the general principle, that, as to the matters committed 
 to their determination in the first instance, they are free from 
 all control by inferior judges, except where power to that 
 effect is specially given by the legislature. 
 
 288. If, however, a point relating to the poor-laws occur in 
 an action in which the inferior judge is competent to decide, 
 he must necessarily have the power of determining this ques- 
 tion, as essential to the explication of his proper jurisdiction. 
 Thus a sheriff must have the power of determining those 
 questions relating to the right of settlement which may arise 
 in actions of relief by one parish against another, or competi- 
 tions between two parishes, arising in cases where a pauper
 
 154 POOH. CHAP. VIII. 4. 
 
 being uncertain as to the parish bound to support him, brings 
 an action against more than one. In the case of a claim for 
 relief by a pauper,' such a question may be contended to resolve 
 into that of his title to be supported, and as such, to be solely 
 under the jurisdiction of the heritors and kirk-session. But 
 when it occurs in an ordinary action of recourse by one parish 
 against another, which is in truth a matter of patrimonial 
 interest, and competent before the sheriff, it then falls neces- 
 sarily under his cognizance, and accordingly his jurisdiction to 
 this effect has been sanctioned in practice by a series of cases. 1 
 Even, however, in such cases of recourse by one parish 
 against another, the sheriff cannot fix the amount of future 
 aliment to the pauper. He can merely determine which parish 
 is liable to support him, and leave the heritors and kirk-session 
 to fix the aliment in the ordinary way. 2 But as to aliment 
 actually advanced by one parish to a pauper belonging to 
 another parish, he would undoubtedly be entited to give decree 
 for the specific amount. 
 
 289. In like manner, the sheriff is held to have jurisdiction 
 in similar actions against parishes by individuals who have 
 supported paupers whom they were not h'able by law to main- 
 tain. 3 
 
 290. Where the heritors and kirk-session refused or neglected 
 to meet and take an application for relief into consideration, it 
 was held that the sheriff had jurisdiction to entertain an appli- 
 cation from the pauper, to the effect of ordaining them to meet 
 
 1 Button, Dec. 6, 1770 (M. 10574). Coldinghara, July 28, 1779 (M. 
 10582). Rescobie, Nov. 28, 1801 (M. 10589), and several others. 
 
 2 Paton, Nov. 20, 1772 (M. 10577). Coldingham, ut supra. 
 
 8 Howie, January 25, 1800 (M. App. Poor, 1). Opinion of Lord 
 Justice- Clerk in the case of the Abbey Parish of Paisley v. Richmond. 
 Mr Monypenny (Poor-La ws, p. Ill) considers that the case of actions 
 by individuals is different from that of actions by parishes, and that in 
 regard to the former the sheriff has properly no jurisdiction, and in one 
 case the Court were equally divided on the point. Glassford, July 10, 
 1827 (5 S. R. 1st Ser. 921). But on the same cause coming before them 
 a second time, they sustained the sheriff's jurisdiction (Orr v. Heritors 
 and Kirk-Session of Glassford, July 9, 1831 (9 S. R. 1st Ser. 928) ; and 
 a judgment on the same principle, though with reference to an action in 
 the Court of Session, has been repeated in another case, Matheson, Dec. 
 22, 1831 (10 S. R. 1st Ser. 183).
 
 CUAP. viii. 4. POOR. 155 
 
 and consider his claim, and give a deliverance thereon. 1 The 
 board of supervision have, under the 8 & 9 Viet. ( 87), power 
 to apply by summary complaint to the Court of Session to 
 compel a parochial board to perform its duties. 
 
 291 . Doubts were entertained whether in such a case sheriffs 
 and justices of the peace would not further have been entitled to 
 supply their neglect by directly exercising the powers vested 
 in these bodies. Such doubts as to the sheriffs have probably 
 originated from a misapplication of the act 1672, c. 18. By 
 that statute, the Commissioners of Excise, in the event of the 
 heritors and kirk-sessions not sending the idle paupers, &c. to 
 the. correction-houses, and neglecting to raise the allowances 
 for their support there, were authorized to exercise the powers 
 granted primarily to the heritors and kirk-session for that pur- 
 pose ; and by the proclamation March 3, 1698, the sheriffs 
 were substituted in place of the Commissioners of Excise. The 
 powers granted by the act 1672, however, related solely to the 
 execution of the laws regarding vagabonds and idle persons, 
 and had no reference whatever to the case of the regular poor, 
 as to the management of whom no jurisdiction was ever vested 
 in these commissioners ; and in none of these enactments (ex- 
 cept the act 1661, c. 38) is there any appearance of an inten- 
 tion to confer on sheriffs or justices of peace the power of 
 actually administering the laws in reference to this class of 
 poor, in any event whatever. 
 
 They are, it is true, directed to see the different acts of 
 Parliament put to due execution ; but the powers granted them 
 for that purpose (except as to vagabonds, &c.) extend only to 
 the right of ordaining the heritors and kirk-sessions, and all 
 others, to give obedience to the acts of Parliament, and to 
 perform the duties with which they are charged, and of im- 
 posing the specified penalties on them in the event of neglect 
 or refusal. 
 
 292. By 8 & 9 Viet. ( 73) it is enacted, that in all cases in 
 which an application for relief shall have been refused, the 
 party may apply to the sheriff, who is directed, if of opinion 
 
 1 Glassford, ut supra ; Opinions of Judges in Abbey Parish of Paisley, 
 nt supra.
 
 156 POOR. CHAP. VI11. 4. 
 
 that the poor person, on the facts stated by him, is legally 
 entitled to relief, forthwith to order the inspector to afford 
 relief in the meantime, and to lodge a statement in writing 
 of his reasons for refusal, with power to decide on the claim 
 for relief, and, if he see cause, to continue the interim allow- 
 ance after the statement of reasons of refusal has been lodged, 
 and during the discussion of the case. It is, however, declared 
 that the sheriff cannot interfere as to the amount of relief to 
 be given. He is, of course, entitled to decide what circum- 
 stances amount to a refusal of relief, so as to warrant his enter- 
 taining the poor person's application for redress. 1 
 
 293. By the same statute ( 27) power is given to the sheriff 
 to determine all disputes that may arise as to the validity of 
 elections of members of the parochial boards ; and his judgment 
 in such questions is final and conclusive. 
 
 294. By 77, the sheriff, or any two justices of the peace, may 
 grant warrant for the removal to England, Ireland, or the Isle 
 of Man respectively, of any poor person born there, who has 
 become chargeable in Scotland, and who had not acquired a 
 settlement therein. The sheriff has also power given ( 79, 80) 
 to punish persons removed who may return and again become 
 chargeable ; and also, parents deserting or neglecting to main- 
 tain their families. He is further empowered ( 81), upon 
 complaint in name of the secretary of the board of supervision, 
 or any agent appointed by minute of the board, to grant 
 warrant summarily, and without any written pleadings or 
 record of evidence, for recovery, so far as not otherwise pro- 
 vided for, of all penalties incurred under the statute, and for 
 imprisonment on default for a period not exceeding three 
 calendar months. 
 
 295. By the 86th section of the same statute it is generally 
 enacted, " that all actions on account of any thing done in the 
 execution of this act, shall be brought before the sheriff-court ;" 
 all such actions to be commenced within three months after the 
 fact committed, and only on one month's previous notice. 
 
 296. Persons giving alms to beggars out of their proper 
 parish were, by proclamation llth August 1692, made subject 
 
 1 Willock, June 9, 1850 (10 S. R. 2<1 Ser. 1259).
 
 CHAP. VIII. 5. POOR. 157 
 
 to a penalty of twenty shillings Scots ; heritors refusing to 
 send vagrants out of the parish, in a penalty of L.20 Scots, 
 and persons appointed to conduct them to their own parishes, 
 in two merks, for neglecting that duty. The power of im- 
 posing these penalties is given to sheriffs, justices of the 
 peace, and magistrates of burghs, by proclamation 31st July 
 1694. 
 
 297. The powers of sheriffs and justices of the peace, as to 
 the execution of the laws against vagabonds, are very extensive, 
 and as to these they possess a jurisdiction in the first instance. 1 
 They are intrusted generally with the power of inflicting the 
 different penalties directed against vagabonds, strong beggars, 
 and their receptors. 
 
 SECTION V. 
 
 OF THE POWERS OF THE COURT OF SESSION. 
 
 298. The Supreme Civil Court has an inherent jurisdiction, 
 which can only be excluded by express act of Parliament, over 
 all inferior civil judicatures of every description. Where, how- 
 ever, these inferior judicatures are invested by the legislature 
 with special powers as to particular objects, the jurisdiction of 
 the Court of Session as to these is only appellate, and not 
 primary. 
 
 Thus, although no power be expressly given to the Court of 
 Session over the proceedings of meetings of heritors and kirk- 
 sessions, it has an inherent jurisdiction over them, and can 
 review all their determinations. It was till lately doubtful 
 whether the Court could interfere with the decision of the 
 parochial board as to the amount of the provision allowed to a 
 pauper, unless it were elusory, or totally inadequate, but it has 
 now been settled to be within the competency of the Court to 
 review the proceedings of the parochial board, and decide 
 
 1 1424, c. 7, c. 25, c. 42. 1449, c. 22. 1503, c. 70. 1579, c. 74. 
 1617, c. 18. 1663, c. 16. 1672, c. 18. Proclamation August 29, 
 1693.
 
 158 POOR. CHAP. VIII. ". 
 
 whether the allowances made by them amount to " needful 
 sustentation." ' 
 
 299. The course generally followed by the Court has 
 been, simply to find the allowance inadequate, and remit to 
 the board to increase it ; but in the last mentioned of the 
 cases quoted above, on its coming a second time before them, 
 they themselves fixed the rate of allowance. In the same case 
 they exercised a control in regard to the mode in which the 
 relief was to be given, altering a resolution of the heritors 
 and kirk-session, by which two old women were to be placed 
 under the care of another person, and supplied with provisions 
 in kind, and substituting a money allowance to be paid to the 
 paupers themselves. 
 
 300. By the late statute it has been 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."* 
 
 301. The validity of assessments imposed by parochial 
 boards may be tried in the form either of suspension or reduc- 
 tion, but to the effect only (under the late statute) of relieving 
 the party complaining from any surcharge laid upon himself 
 ( 40), and not of nullifying the whole assessment. The Court 
 are in use to require, in suspensions, payment of the assessment 
 in the meantime, an obligation to repeat, if the objection be 
 sustained, being come under on behalf of the parochial board 
 or inspector; 3 but there is no absolute rule as to this, and the 
 Court will exercise their discretion according to the circum- 
 stances of the case. 4 
 
 302. The Supreme Court will not, in the first instance, 
 
 1 Dnncan v. Parish of Ceres, Feb. 14, 1843 (5 S. R. 2d Ser. 552). 
 Halliday, June 11, 1844 (6 S. R. 2d Ser. 1131). Halliday, July 10, 
 1845 (7 S. R. 2d Ser. 1057). 
 
 * 75. This provision was held not to exclude an advocation brought 
 after the date of the act of a deliverance of the heritors and kirk-session 
 pronounced prior thereto ; Gnnn, March 6, 1847 (9 S. R. 2d Ser. 865). 
 
 Watson, July 7, 1849 (11 S. R. 2 Ser. 1263). 
 
 4 Glasgow & Ayr Railway Company, Dec. 12, 1850 (13 S. R. 2 Ser. 
 304).
 
 C'HAP. VIII. 5. POOR. 159 
 
 exercise any of the powers committed by the legislature to the 
 parochial board for the maintenance of the poor. 
 
 303. The Supreme Court may not only review the decisions of 
 the parochial board, but it possesses a controlling power, where 
 they refuse or neglect to meet and to exercise the powers in- 
 trusted to them for the support of the poor. In such a case, 
 the Court of Session would be entitled to proceed against the 
 parochial board so failing in the performance of their duty, as 
 against any other inferior magistrates and judges. 1 
 
 304. By the statute 1672, c. 18, power is given to the 
 Privy Council " to appoint all waysand means " for making 
 the provisions of the act effectual ; and the three latest statutes 
 relative to the poor which appear in the statute-book, grant 
 generally to the Privy Council " power to cause put the saidis 
 laws and acts of Parliament in execution, and particularly to 
 cause the persons therein intrusted to do and perform their 
 parts according as they are thereby enjoined." 
 
 305. Since the abolition of the Privy Council in Scotland, 
 the Court of Session has been held to have succeeded to their 
 powers of redressing civil wrongs, for which there is no other 
 effective remedy ; and it would accordingly, therefore, on this 
 ground also be entitled to cause heritors and kirk-sessions 
 " to do and .perform" the duties assigned them by the acts 
 of Parliament as to the poor, in the same way as the Privy 
 Council might formerly have done. It must, of course, be 
 held to possess every power necessary to the exercise of such 
 a jurisdiction. 
 
 306. The proper form of bringing the determinations of 
 heritors and kirk-sessions under review of the Court of 
 Session, is by advocation 2 that of complaining of their con- 
 duct in neglecting to perform their functions, is by petition 
 and complaint. 3 
 
 307. When the parochial board has not given a written 
 judgment, it has been doubted whether advocation would be 
 
 1 Telford, March 10, 1827 (4 S. R. 1st Ser. 545). 8 & 9 Viet. c. 83, 
 87. 
 
 Higgins, July. 9, 1824 (3 S. R. 1st Ser. 239). 
 8 Telford, ut supra.
 
 1GO POOR. I! VI'. VIII. .". 
 
 competent, there being no record. Should an advocation bo 
 held incompetent in such a case, it could only be on the ground 
 that they had not pronounced a determination on the question ; 
 and they would accordingly be liable to be proceeded against 
 as having failed in the performance of their duty. 
 
 308. The Court of Session has an equal power of control 
 and review over the proceedings of private trustees of mortifi- 
 cations for behoof of the poor, as over those of heritors and 
 kirk-sessions.
 
 APPENDIX. 
 
 No. I. 
 
 1579, c. 74, For Punishment of Strang and Idle Beggars, and 
 Relief of the Pure and Impotent. 
 
 FORASMEIKLE as there is sundry lovabil Acts of Parliament maid 
 be our Soveraine Lord's maist nobil progenitors, for the staunching 
 of maisterful and idle beggars, away-putting of sornares, and provi- 
 sion for the pure ; bearing, that nane sail be thoiled to beg, nouther 
 to burgh nor to land, betwixt 14 and 70 zeires. That sik as make 
 themselves fules, and ar bairdes, or uthers siklik runners about, 
 being apprehended, sail be put in the Kingis waird or irones sa lang 
 as they have ony gudes of their awn to live on. And fra they have 
 not quhairupon to live of their awin, that "their ears bee nayled to 
 the Trone, or to an uther tree, and their ears cutted off, and 
 banished the countrie; and gif thereafter they be found againe, 
 that they be hanged. 
 
 ITEM, That nane be thoiled to begge in an parochin that ar 
 bore in an uther. That the heads men of ilk parochin make 
 takkinnes, and give to the beggars theirof, that they may be sus- 
 tein'd within the boundes of that parochin ; and that nane uther bee 
 served with almes, within that parochin, but they that beares that 
 takinne allanerlie, as in the Actes of Parliament theiranent at mair 
 length is conteined. Quhilkes. in the tyrue bygane, hes not beene 
 put to dewe execution threw the iniquitie and troubles of the time 
 by-past, and be reasoun that there was not heirtofoir an ordour of 
 punischment sa speciallie devised as need required ; bot the saidis 
 beggares, beside the uthers inconvenientes quhilks they daylie pro- 
 
 L
 
 162 APPENDIX. 
 
 duce in the common-wealth, procure the wrath and displeasure of 
 God for the wicked and ungodlie forme of living used amongs them, 
 without marriage, or baptizing of a great number of their bairnes. 
 THKIRFOIR now, for avoyding of the inconvenientes and eschewing 
 of the confusion of sindrie lawes and actes concerning their punische- 
 mriit standing in effect, and that some certaine execution and gude 
 ordour may follow thereanent, to the great pleasure of Allmichtie 
 God, and common weill of the realme ; it is thocht expedient, sta- 
 tute, and ordained, as weil for the utter suppressing of the saidis 
 strang and idle beggars, sa contagious enimies to the common weill, 
 as for the charitabil relieving of aged and impotent pure peopil, that 
 the ordour and forme following be observed : That is to say, that all 
 
 Vagabounds and P ersons bein g above the ai S e of fourteen and within 
 idle be^eara suld the aige of three scoire and ten zeires, that heirafter 
 be punished. ftr <j ec i arec i an( j set forth be t i lis act an( j or d O ur to be 
 
 vagaboundes, strang and idle beggars, quhilkes sail happen at ony 
 time heirafter, after the first day of Januar nixt to cum, to be taken 
 wandering and misordering themselves, contrarie to the effect and 
 meaning of thir presentes, sail be apprehended, and, upon their appre- 
 hension be brocht befoir the provest and baillies within the brugh, 
 and, in everie parochin in landwart, befoir him that sail be constitute 
 Justice be the Kingis commission, or be the lords of regalitie, within 
 the samin, to this effect ; and be them to be committed in waird in 
 the commoun prison, stokkes, or irons, within their jurisdiction, 
 there to be keeped, unlatten to libertie, or upon bande or sovertie, 
 quhil they be put to the knawledge of ane assize, quhilk sail be done 
 within six dayes thereafter ; and gif they happen to be convicted, to 
 be adjudged to be scourged, and burnt through the eare with ane 
 hote iron; the processe quhairof sail be registrate in the court buikes; 
 except sum honest and responsal man will of his charitie bee con- 
 tented then presentlie to acte himselfe before the judge, to take and 
 keip the offender in his service for ane haill zeir next following, 
 under the paine of twentie pound, to the use of the pure of the toun 
 or parochin. And to bring the offendour to the head court of the 
 jurisdiction at the zeires end, or then gude pruife of his death ; the 
 clerke taking for the saide acte twelve pennies onely : And gif the 
 Of him quha fives ff en ^ er depart, and leave the service within the zeir, 
 his master's ser- against his will that receives him in service : Then, 
 being apprehended, he sail be of new presented to 
 the judge, and, be his command, scourged and burned throw the 
 eare as is foresaid. Quhilk punischment, being anis received, he 
 sail not suffer againe the like for the space of threescoir days there-
 
 APPENDIX. 163 
 
 after, bot gif at the ende of the saidis Ix days, hee bee founden to 
 be fallen again in his idle and vagabond trade of life : Then, being 
 apprehended of new, he sail be adjudged, and suffer the paines of 
 death as a thief. 
 
 And that it may be knawn what maner of persones 
 
 ,,.,,.. , . , Quha suld be 
 
 ar meaned to be idle and strang vagabounds, and esteemed vaga- 
 
 worthy of the punischment before specified, IT is bounds and idle 
 declared that all idle persones, ganging about in ony 
 countrie of this realme, using subtil, craftie, and unlauchful playes, 
 as juglarie, fast-and-lous, and sik utheris. The idle people calling 
 themselves ^Egyptians, or any uther that feinzies them to have knaw- 
 ledge of charming, prophecie, or others abused sciences, quhairby 
 they persuade the peopil that they can tell their weirds, deathes, and 
 fortunes, and sik uther phantastical imaginations ; and all persones 
 being haill and starke in bodie, and abill to worke, alledging them to 
 have bene herried or burnt in sum far pairt of the realme, or alledging 
 them to be banished for slauchter, and uthers wicked deeds ; and 
 uthers nouther havand land nor maisters, nor using ony lauchful mer- 
 chandice, craft, or occupation quhairby they may win their livings, 
 and can give na reckoning how they lauchfullie get their living; and 
 all minstrelles, sangsters, and tale-tellers, not avowed in special service 
 be sum of the lords of Parliament or great burrowes, or be the head 
 burrowes and cities for their common minstrelles; all commoun la- 
 bourers, being persones abill in bodie, living idle, and fleeing labour, 
 all counterfaicters of licences to beg, or using the same, knowing 
 them to be counterfaicted; all vagabound schollers of the Universities 
 of Saint Andrewes, Glasgow, and Abirdene, not licensed be the Rector 
 and Deane of Facultie of the Universitie to ask alnies ; all schipmen 
 and mariners, alledging themselves to be schipbroken, without they 
 have sufficient testimonials, sail be taken, adjudged, esteemed, and 
 
 punished as strang beggares and vagaboundes. And 
 
 * . *v. i * j Of them 1 uha 
 
 git ony person or personnes, after the said first day maintaines or 
 
 of Januar nixt to cum, gives money, harberie, or receipts vaga- 
 ludgeings, settis houses, or shaws ony uther reliefe 
 to ony vagabound or strang beggar, marked or to be marked, want- 
 ing an licence of the provest and baillies within burgh, or of the 
 judge within that parochin ; the samen being dewlie provin at the 
 
 court, they sail pay sik unlaw to the use of the pure 
 
 . Of them quha 
 
 of the parochin as be the judge at the court sail be s tayes the exe- 
 
 modified, swa the same exceed not five punds. And cution of this 
 
 alswa, gif any person or personnes disturbes or lettis 
 
 the execution of this act ony maner of wayus, or makes impediment
 
 164 Al'PKXDIX. 
 
 against the judges and ordinarie officiars, or utliers peraonnes travel- 
 ling for the dew execution hereof, they sail incur the same paine 
 quhilk the vagabond suld have incurred in case he had bene convict. 
 Of souldiers and Proving alwayes that schipmen and souldiers land- 
 schipbroken ing in this realme, have licence of the provest or 
 
 baillies of the towne, or the judge of the parochin 
 quhair they war schippebroken, or first entered in the realme, sail, 
 and may passe, according to the effect of their licences, to the rowmes 
 quhair they intend to remayne. And that the licence onelie serve 
 in the jurisdiction of the giver ; sa that gif the person travelling 
 hame have farther journey, he procure the like licences of the judge 
 of the next parochin or towne throw quhilk he mon passe, and sa fra 
 parochin to parochin, till he be at his resting place. And that 
 Searchers of there be certaine persones, ane or maa, nominate in 
 vagaboundes. cverie burgh and parochin, be the officers and judge 
 thereof, for searching, receiving, and convoying of the vagaboundes 
 to the commoun prison, irones, or stokkes, upon the commoun 
 charges of the parochin. Quhilkes persones sa elected, sail be 
 halden to do their dewtie diligentlie, as the saidis judges will an- 
 swere thereupon. And seeing charitie wald that the pure, and 
 aged, and impotent persones, suld be als necessarilie provided as the 
 vagaboundes and strang beggars repressed, and that the aged, im- 
 potent, and pure people suld have ludgeing and abiding places, 
 
 throught the realme to settle themselves intil : It is 
 hospitals for therefore thought expedient, statute, and ordained, 
 
 aged and impo- that the Lorde Chancellar, according to the derection 
 tent persones. , . , . . . ... . .. ._ .. . . , . 
 
 of smdne lovabill Actes of Parliament neretofoire 
 
 maid, sail call for the erectiones of all hospitallcs to be produced befoir 
 him, and inquire and considder the present estait thereof, reducing 
 them so far as is possible to the first institution, as may best serve for 
 the helpe and reliefe of the saidis aged, impotent, and pure peopil ; 
 and als that the provests and baillies of ilk burghe 
 
 Inquisition suld . , . . 
 
 be taken of aged, ant * towne, and the justice constitute be the Kings 
 
 pure, and impo- commission, in every parochin to landwart, sail, 
 tent persons. , 
 
 betwixt and the said first day of Januar next to cum, 
 
 take inquisition of all aged, pure> impotent, and decayed persones 
 borne within that parochin, or quhilkes was dwelling, and had 
 their maist commoun resorte in the saide parochin the last seven 
 zeiris bypast, quhilkes of necessitie mon live bee almes : And upon 
 the said inquisition, sail make ane register buike, containing their 
 names and surnames, to remain with the provest and baillies within 
 the burgh, and with the justice in every parochin to landwart ; and
 
 APPENDIX. 165 
 
 to the effect, that the number of the pure people of 
 
 All pure peo- 
 every parochm may be knawin, statutes and ordamis pil S uld return 
 
 that all pure peopil, within fourtie dayes after the pro- to 
 
 . r parochin and 
 
 clamation of this present act at the Mercat Croce of of their sus- 
 
 Ediriburgh,, repayre to the parochin quhair they were tentatlon - 
 borne, or had their maist commoun resorte or residence, the last 
 seven zeires by past, and there settil themselves, under the paine to 
 be punished as vagaboundes, and contravenars of this present pro- 
 clamation. 
 
 And the said space of fourtie dayes being by past, that then the 
 pro vest and baillies within burrowes, and the judge constitute be the 
 Kingis commission in ilk parochin to landwart, make a catalogue of 
 the names of the saidis pure people, inquire the men and women 
 quhair they wer borne, quhidder they are maryed or unmaried, quhen, 
 and be quhom they war maried, and quhat bairnes they have, and 
 quhair their bairnes were baptized, and to quhat forme and trade of 
 life they adresse themselves and their saidis bairnes : Grif they be 
 diseased or haill and abill in bodie, and quhat they got commonly on 
 the day, be their begging : And sik as necessairlie mon be susteined 
 be almes, to see quhat they may be maid content of their awin con- 
 sentis to accept daylie to live unbeggand, and to provide quhair their 
 remaining sail be, be themselves or in hous with others, with advice 
 of the parochiners quhair the saidis pure peopil may be best ludged 
 and abyde. And thereupon, according to the number, to consider 
 quhat their neidful sustentation will extend to everie oulk, and then, 
 be the gude discretions of the said provests, baillies, and judges in 
 the parochinis to landwart, and sik as they sail call to them to that 
 effect, to taxe and stent the haill inhabitants within the parochin, 
 according to the estimation of their substance, without exception of 
 persones, to sik oulklie charge and contribution as sail be thocht 
 expedient and sufficient to susteine the saidis pure peopil. And the 
 names of the inhabitants stented, togidder with their taxation, to bee 
 likewise registrate : And that, at their discretion, they 
 
 appoynt overseers and collectours in everie burgh '^' 1 ^ 
 
 toun and paroche, for the haill zeir, for collecting and 
 receiving the said oulklie portion, quhilkes sail receive the same, and 
 deliver sa meikle thereof to the saidis pure peopil, and in sik maner 
 as the saidis provests and baillies within burgh, and judges in the 
 
 parochin to land-wart, respective, sail ordaine and com- 
 
 . ., Overseers. 
 
 mand ; and that overseeres ot the saidis pure peopil 
 
 be appoynted be their discretions, to continue also for a zeir. And at 
 the end of the zeir, that the taxation and stent roll be 
 alwayes maid of new, for the alteration that may be
 
 166 APPENDIX. 
 
 throw death, or be incres or diminution of inennes gudes and sub- 
 stance. And that fhe provest and baillies in burrowes or tounes, 
 T . and the saidis judges in the parochines to landwart, 
 
 be given to the sail give an testimonial to sik pure folk as they find 
 P ure ' not borne in their awin parochin, or making residence 
 
 therein the last sevin zeiris, sending or directing them to the nixt 
 parochin, and sa fra parochin to parochin quhill they be at the place 
 quhair they were borne, or had their most commoun resort or resi- 
 dence, during the last seven zeirs preceding ; there to be put in 
 certain abiding places, and susteined upon the commoun almes and 
 oulklie contribution, as is befoir ordained, except leprous peopil, and 
 bedfast peopil, quhilks may not be transported ; providing that it be 
 leiful to the pure peopil, sa directed, to their awin abiding places, 
 with testimonialles to aske almes in their passage, sa as they passe 
 the direct way, not resting twa nichtes together in any an place, 
 without occasion of seekeness or storme impeede them. 
 
 And if one of the pure people refuse to passe and 
 Of the pure re- ... . 
 fusand to return abide m the places appoynted, or, after the appoynt- 
 
 to their awn m ent, be found begging, then be punished by scour- 
 parish. 
 
 ging, imprisonment, and burning throw the eare, as 
 
 vagabounds and strang beggars ; and for the second fault, to be pun- 
 ished as thieves, as is befoir appoynted. And gif the 
 Collectors. v J . 
 
 persones chosen collectours refuse the office, or having 
 
 accepted the same, beis found negligent therein, or refusis to make 
 their compts everie half zeir, anis at the least, to the provests and 
 baillies in the burrowes, and to the saidis judges in landwart, and to 
 deliver the super-plus of that quhilk rests in their handes at the end 
 of the zeir, or half zeir, to sik as sail be chosen collectours of the 
 new : then ilk-ane of the offenders so offending, sail incur the paine 
 of twentie punds, to the use of the pure of that parochin, and impri- 
 sonment of their persones during the kingis will ; for quilkes paines, 
 
 the saidis provests, baillies, and judges sail poynd and 
 refusis'to con- distrenzie : And g if On 7 persones, being abill to fur- 
 tribute to the ther this charitable worke, will obstinatlie refuse to 
 IJjP contribute to the reliefe of the pure, or discourage 
 
 uthers from sa charitabil ane deede : the obstinate or 
 wilful person, being called befoir the saidis provests and baillies within 
 burgh, or judges in the parochins to landwart, and convict thereof 
 be ane assize, on sufficient testimonie of twa honest and famous wit- 
 nesses his nightbours, upon the supplication of the saidis provests, 
 baillies, and judges, to the Kingis Majestie and Privie Councel, the 
 obstinate and wilful person or persones sail be commanded to waird,
 
 APPENDIX. 167 
 
 in sik pairt as his hienes and his councel sail appoynt, and there 
 remaine quhill he be content with the ordour of his said paroch, and 
 
 performe the same in deede : And gif the aged and , 
 
 Of the pure re- 
 impotent persones, not being sa diseased, lamed, or fusand to 
 
 impotent, bot that they may worke in some maner of wor ^ e - 
 wark, sail bee, be the overseers in ony burgh or parochin, appoynted 
 to wark, and zit refuses the same : then, first, the refuser to be 
 scourged and put in the stokkes ; and for the second fault, to be 
 punished as vagabounds, as said is. And gif any beg- 
 ger's bairne, being above the age of five zeirs, and ^ j beggers 
 within fourteene, male or female, sail be liked of, be ony 
 subject of the realme of honest estait, the said person sail have the 
 bairne, be the ordoure and derection of the said provest and baillies 
 within burgh, or the judge of every parochin to landwart : Gif he be a 
 manchild, to the age of xxiv. zeirs, and gif sche be a woman-child, to 
 the age of xviij. zeirs ; and gif they depart, or be taken or intised from 
 their maister or maistresse service, the maister or maistresse to have 
 the like action and remedie as for their hired servand or prentises, 
 asweil against the bairne, as against the taker and intiser thereof. 
 And quhair collecting of money may not be had, and that is over great 
 
 ane burding to the collectours to gadder victualles, ~ T1 
 
 ' Collection of 
 meat, and drink, or uther things for the reliefe of the victualles, meat, 
 
 pure in some parochines : that the provest and baillies a '*** 
 in burrowes, and the saidis judges in the parochines to landwart, be 
 advise of certain of the maist honest parochiners, give licence under 
 their handwrits to sik, and sa many, of the saidis pure peopil, or sik 
 uthers of them as they sail think gude, to ask and gadder the cha- 
 ritable alms of the parochiners, at their awn houses. Sa as always it 
 bee speedily appoynted and agried, how the pure of that parochin sail 
 be susteined within the same, and not to be chargeable to uthers, nor 
 troublesome to strangers. And seeing be reason of this present act 
 and ordour, the common prisone, ironnes, and stokkes of everie head 
 burgh of the schire, and uthers townes, ar like to be filled with ane 
 greater number of prisoners nor of befoir hes been accustomat, in sa 
 far as the saidis vagaboundes, and uthers offenders, ar to be committed 
 to the commoun prisone of the schire or towne where they were 
 taken, the same prisones being in sik townes quhair there is a great 
 number of pure peopil, mair nor they ar weill abill to 
 
 susteine and relieve ; and sa the prisoners ar like to E *P enses f 
 
 r . prisoners, 
 
 perish in default of sustenance : Therefoir the expense 
 
 of the prisoners sail be payed be a pairt of the commoun contributions, 
 and oulkly almes of the parochin quhair he or sche was apprehended,
 
 168 APPENDIX. 
 
 allowaiul to Uk person ane punde of ait breade, and water to drink : for 
 payment quhairof, the presenter of him to prison sail give sovertie, or 
 make present payment : And that the schireffes, stew- 
 Execution of ardes, and baillies of regalities, and their baillies, over 
 all the realme, and their deputes, see this present act 
 put to due execution in all poyntes, within their jurisdictions respec- 
 tive, as they will answer to God and our Soveraine 
 Interpretation j^j thereupon : And quhat ever doubt or ambiguitie 
 sail happen to arise upon this act, or ony pairt thereof, 
 our Soveraine Lord, with advice of his saidis three estaites, committia 
 the interpretation, explanation, supplement, and full execution thereof, 
 to his Majestic, with advice of his Privie Councel. 
 
 No. IL 
 
 EXCERPT from 1672, c. 18. 
 
 Act for Establishing Correction-houses for idle Beggars and 
 Vagabonds. 
 
 AND to the effect that it may be known what poor persons are to 
 be sent to the saids correction-houses, and who are to be kepped and 
 entertained by the contributions at the paroch kirk for the poor, the 
 ministers of ilk paroch, with some of the elders, and, in case of 
 vacancy of the kirks, three or more of the elders, are hereby ordered 
 to take up an exact list of all the poor persons within their parodies, 
 by name and surname, condescending upon their age and condition, 
 if they be able or unable to work, by reason of age, infirmity, or dis- 
 ease, and where they were born, and in what paroches they have 
 most haunted during the last three years preceding the uptaking of 
 these lists ; intimation being alwayes made to the whole heritors of 
 the paroch to be present, and to see the lists right taken up ; and that 
 the heritors, who, and the possessors of their land, are to bear the 
 burden of the maintenance of the poor persons of each paroch, or any 
 of them who shall meet with the said ministers and elders, shall con- 
 descend upon such as through age and infirmity are not able to work, 
 and appoint them places wherein to abide, that they may be supplied 
 by the contributions at the paroch church ; and gif the same be not 
 sufficient to entertain them, that they give them a badge, or ticket, 
 to ask almes at the dwelling-houses of the inhabitants of their own 
 paroch only, without the bounds whereof they are not to beg ; and
 
 APPENDIX. 169 
 
 that they do not at all resort to kirks, mercats, or any other places 
 where there are meetings, at marriages, baptismes, burials, or upon 
 any other public occasion. And likewise, that such of the saids poor 
 persons as are of age and capacity to work, be first offered to the 
 heritors or inhabitants of each paroch, that if they will accept any 
 of them to become their apprentices or servants, they may receive 
 them, upon their oblidgement to entertain and set to work the said 
 poor persons, and relieve the paroch of them ; for which cause they 
 shall have the benefit of their work until they attain the age of thirty 
 years, conform to the Act of the twenty-two Parliament of King 
 James the Sixth ; and the rest of the saids poor persons be sent to 
 the correction-houses, for whose entertainment the saids heritors shall 
 cause contributions, and appoint a quarter's allowance to be sent along 
 with them, with cloaths upon them to cover their nakedness ; and the 
 said allowance to be paid quarterly thereafter, by way of advance. 
 
 No. III. 
 
 WILLIAM AND MARY, llth August 1692. 
 Proclamation of the Privy Council anent Beggars. 
 
 WILLIAM AND MARY, &c. to 
 
 , Alacers of our privy council, messengers- 
 
 at-arms, our sheriffs in that part, conjunctly and severally, especially 
 constitute, greeting : Whereas several good laws have been made by 
 our royal predecessors for maintaining the poor, and relieving the 
 lieges of the burden of vagabonds ; in prosecution whereof, we hereby 
 require the heritors, ministers, and elders of every parish, to meet on 
 the second Tuesday of September next, at their parish kirk, and there 
 to make lists of all the poor within their parish, and to cast up the 
 quota of what may entertain them according to their respective needs* 
 and to cast the said quota, the one half upon the heritors, and the 
 other half upon the householders of the parish ; and to collect the 
 same in the beginning of every week, month, or quarter, as they 
 shall judge most fit ; and to appoint two overseers yearly to collect 
 and distribute the said maintenance to the poor, according to their 
 several needs ; and likewise to appoint an officer to serve under the 
 said overseers, for inbringing of the maintenance, and for expelling 
 stranger vagabonds from the parish, whose fee is to be stented on 
 the parish, as the rest of the maintenance for the poor is stented.
 
 170 APPENDIX. 
 
 And such poor as are not provided of houses for themselves or by 
 their friends, the heritors are to provide them with houses on the 
 expense of the parish, in manner foresaid. 
 
 And if any parish shall fail in providing sufficiently for their own 
 poor, the parish so failing shall pay the sum of L.200 Scots, to be 
 uplifted, a third part to the pursuer, and two parts to be applied to 
 the maintenance of the poor of the parish, and that monthly, totics 
 quoties, as they shall fail in their duty. And if there be any morti- 
 fications already, or if any hereafter shall accrue to any parish, the 
 same shall be applied, by the advice of the heritors and elders, to 
 the use aforesaid ; but without diminution of the stock of the said 
 mortifications. And the heritors and elders are hereby appointed 
 to have a second meeting at the said parish kirks this year, on the 
 second Tuesday of October next, for a more exact settling of the 
 matter ; and yearly thereafter, the heritors, ministers, and elders of 
 every parish, are to meet on the first Tuesday of February, and the 
 first Tuesday of August, yearly, to consult and determine herein, as 
 shall be thought fit, for every ensuing half-year, and to appoint 
 overseers by the year or half-year, as they shall conclude. 
 
 And all the ministers are hereby required to give timeous infor- 
 mation to the sheriff of the shire, if any parish shall fail in perfor- 
 mance of this Christian duty, in whole or in part : and the sheriff, 
 or sheriff-depute, are hereby required to call the delinquent before 
 them without delay, and, if guilty, to fine them in double the quota 
 which the minister shall attest to be wanting, and to cause poind 
 for the same immediately. And where churches are vacant, that 
 two of the greatest heritors residing within the parish, shall be 
 appointed by the first meeting in September next, to inquire into 
 the duty of parishioners and overseers, and to inform the sheriff of 
 their delinquence. 
 
 And if any of the poor of the parish are able to work, the heritors 
 of the parish are hereby authorized and required to put them to work 
 according to their capacities, either within the parish or to any adja- 
 cent manufactory, as they shall find expedient, furnishing them always 
 with meat and cloaths. 
 
 And if any young children be found begging under the age of 
 fifteen years, any person who shall take the said children and bring 
 them before the heritors, ministers, and elders, and cause registrate 
 the name and designation of the child in the session-book, and shall 
 there enact himself to educate the said child either to trade or work ? 
 and take an extract of the act from the clerk of the session, the said 
 child shall be obliged to serve the said person so educating him, for
 
 APPENDIX. 171 
 
 meat and cloaths, until he pass the thirtieth year of his age. And 
 all manufactories are declared to have the same privilege as to the 
 education of such young ones ; and this to extend not only to the 
 children of beggars, but also to poor children whose parents are 
 dead, or with consent of the parents, if they be alive ; and if any 
 young ones about fifteen years of age shall voluntarily engage them- 
 selves upon the like conditions, and if any of the young ones, so 
 educated, shall disobey their masters when reasonably employed, 
 their masters are hereby warranted to correct them as they judge 
 expedient, life and torture excepted ; and if any person harbour or 
 reset any such servant belonging to any other, they shall return 
 them to their master on demand, under the pain of one hundred 
 merks, toties quoties, as oft as they shall be required so to do. And 
 if any master shall exact any inhuman or too rigid service from 
 any such servant, the sheriffs or justices of peace, upon application 
 of the servants, are to judge in the case ; and if the severity so 
 deserve, the servant may be loosed from such a master, the servant, 
 or some for him, paying the master as much yearlie as the fee of 
 servants of that quality would extend to each year, to the number 
 of years wanting to the thirtieth year of the servant's age. And the 
 heritors, meeting on the days appointed, or major part of them, are 
 authorized and required to conclude and determine matters for that 
 half-year. 
 
 And to the end that the poor may be returned to their own 
 parishes, and the nation freed of vagabonds, we strictly require and 
 command all beggars within the kingdom forthwith to repair to 
 their several parishes with all diligence, and to keep the ordinary 
 highways to the same ; and so soon as they come to their parish, to 
 present themselves to the heritors and elders, that their names may 
 be listed amongst the poor of the parish, and they lodged and enter- 
 tained accordingly ; with certifications to all who shall be found 
 begging without the bounds of their parish after the said second 
 Tuesday of September next, they shall be seized as vagabonds, 
 imprisoned, and fed on bread and water for a month, or till they be 
 sent home to their parish, in manner after mentioned ; and if they 
 be found vaguing a second time, they are to be marked with an 
 iron on the face ; and all the lieges are hereby prohibited to give 
 any almes to such begging vagabonds, other than bread and water 
 allenarly, after the second Tuesday of September, until they arrive 
 at their own parishes. 
 
 And to the end that our will lureanent may be more speedily made 
 practicable, we strictly command and charge all our lieges within
 
 172 APPENDIX. 
 
 this our ancient kingdom, to apprehend such beggars as they shall 
 find vaguing withojut their own parish after the second Tuesday of 
 September, and forthwith to carry them to the principal heritor of 
 the parish where they were apprehended, if it be in landward, and 
 to one of the bailies in towns, who shall examine the beggar in the 
 shire and parish where he was born, and shall direct him forthwith 
 to the nearest parish that lies in the road to the parish of his birth, 
 and deliver him to the nearest heritor that lies in that highway in 
 the next parish, and so forth from parish to parish in the same road, 
 until he arrive at the parish of his nativity, who shall then list him, 
 and entertain him amongst the poor ; and the heritors to whom the 
 vagabonds are delivered, are hereby authorized and required to 
 send two fencible men of their parish to convey every beggar to the 
 heritor of the next parish, and to send a note of the beggar's name 
 and the parish where he was born, which is to be delivered to the 
 next heritor who receives him ; and every heritor who receives him 
 is to return a note signed of his reit, and so forth, from heritor to 
 heritor, in every several parish ; and if any of the saids beggars offer 
 to make their escape in their transportation, the beggar so doing 
 shall be scourged, and fed with bread and water during the rest of 
 his journey. And whoever gives alms to any beggar not in their 
 parish after the second Tuesday of September, and shall not seize 
 him, in order to his transportation, as said is, shall be fined in 20 
 shillings Scots, toties quoties, to be uplifted by the overseers, and 
 applied to the use of the poor of the parish. And if the heritor to 
 whom the vagabond be brought fail in his duty of sending him, he 
 shall be fined in 20 pound Scots, toties quoties, to be applied as said 
 is. If any fencible man, sent to convey them, refuse or fail in his 
 duty, he is to be fined in two merks Scots, toties quoties, to be 
 applied as said is ; and the said fencible men are to be chosen by 
 turns, as the said parishers. 
 
 And whereas by act ] 8, session 3, Parliament 2, Charles II., cor- 
 rection-houses are appointed to be erected in several burghs therein 
 mentioned, for employing the poor people in work as they are 
 capable, which have hitherto been too much neglected (until the 
 lesser burghs be able to perform what is there required, lest so good 
 a design should totally fail), we hereby strictly require our burghs 
 of Edinburgh, Stirling, Dundee, Aberdeen, Inverness, Glasgow, Jed- 
 burgh, Dumfries, and Cupar in Fife, or such of them as have not 
 already established correction-houses, in the manner and to the ends 
 prescribed by the said act, to erect and establish such houses, and 
 to receive such poor for work therein as shall be sent to them from
 
 APPENDIX. 173 
 
 any parish, in manner, and on the conditions prescribed by that act 
 and this, but prejudice of erecting of correction-houses in other 
 burghs therein mentioned with all conveniency. Our will is here- 
 fore, and we charge you strictly, and command that incontinent 
 these our letters seen, ye pass to the Market Cross of Edinburgh, 
 and to the Market Crosses of the whole head burghs of the several 
 shires of this kingdom, and there, in our name and authority, by 
 open proclamation, make publication of the premises, that none pre- 
 tend ignorance : And ordains these presents to be printed. 
 
 No. IV. 
 
 WILLIAM AND MARY, 29th August 1693. 
 A Proclamation of the Privy Council anent Beggars. 
 
 WILLIAM AND MARY, &c. Forasmuch as the intent and design 
 of our Proclamation, of date llth August 1593, requiring all beggars 
 within this kingdom forthwith to repair to their several parishes with 
 all diligence, hath been much disappointed and frustrated by the 
 uncertainty of the parishes where the said respective beggars have 
 been born, and for want of suitable provision made by the heritors 
 and magistrates of the respective parishes where the said beggars 
 have been born, or had their last seven years' residence ; for remeid 
 whereof, we, with the advice of the Lords of our Privy Council, 
 strictly require and command all the beggars within this kingdom 
 immediately to repair to the several parishes where they were born ; 
 or where the parish or place of their birth is not certain or distinctly 
 known, that they repair to the parishes where they last resided for 
 the space of seven years together, and to keep the ordinary highways 
 to the several parishes of their birth, or last seven years' residence ; 
 and so soon as they come to the said respective parishes, to present 
 themselves to the heritors and elders ; and where parishes are vacant, 
 and have no elders, to the heritors alone, whom we, with advice fore- 
 said, require and command to make the provisions necessary for the 
 said beggars, and to list their names among the poor of the parish, 
 that they may be lodged and entertained accordingly, with certifica- 
 tion to all who shall be found begging after the second Tuesday of 
 September next, they shall be seized as vagabonds, imprisoned, and 
 fed with bread and water for a month, or till they be sent home to the 
 respective parish of their birth, or last seven years' residence, in man-
 
 174 APPENDIX. 
 
 ner mentioned in our said former proclamation : And we, with advice 
 foresaid, require and command the magistrates of our burghs royal to 
 meet and stent themselves conform to such order and custom, used 
 and wonted in laying on stents, annuities, or other public burdens, in 
 the respective burghs, as may be most effectual to reach all the in- 
 habitants : And the heritors of the several vacant parishes likewise 
 to meet and stent themselves, for the maintenance of their said 
 respective poor ; and to appoint the ingathering, uplifting, and 
 applying of the same for the uses foresaid, sicklike, and in the same 
 manner as the heritors and elders are appointed by our former pro- 
 clamation : And all the ministers and heritors are hereby required 
 to give timeous intimation to the sheriff of the shire, if any parish 
 or person shall fail in performance of this Christian duty, in hail or 
 in part, and the sheriff, or sheriff-depute, are hereby required to call 
 the delinquents before them without any delay; and if guilty, to fine 
 them in of double the quota which the ministers or heritors shall attest 
 to be wanting, and to cause poind for the same immediately. And 
 further, for preventing of any question that may arise betwixt the 
 heritors and kirk-session in the several parishes of this kingdom, 
 about the quota of the collections at the church doors, and other- 
 wise, to be made by the said session, to be paid into the heritors for 
 the end foresaid, we do hereby, with advice foresaid, determine the 
 same to be half of the said collections, and ordain the said kirk- 
 session to pay in the same from time to time to the said heritors, or 
 any to be by them appointed accordingly : and we ordain our said 
 former proclamation to stand in full force, &c., and to be put in 
 execution, in so far as the same is not hereby altered. 
 
 No. V. 
 WILLIAM AND MARY, 31st July 1694. 
 
 A Proclamation for putting former Acts and Proclamations anent 
 Beggars in Execution. 
 
 WILLIAM AND MARY, &c. Forasmuch as many good laws have 
 been made by our royal predecessors, for maintaining the poor, and 
 relieving the lieges from vagabonds, in prosecution whereof several 
 proclamations have been emitted by our Privy Council, for the better 
 putting the said laws in execution, notwithstanding whereof due 
 obedience hath not been hitherto given to the same, so that the poor
 
 APPENDIX. 175 
 
 are not duly provided for, nor the vagabonds restrained in many 
 places : Therefore we hereby require and command the ministers, 
 heritors, and elders of every parish, and householders and inhabitants 
 within the same, respective, to follow forth and give ready obedience 
 to the Acts of Parliament and Proclamations of our Privy Council 
 already made ; And further, we, with advice foresaid, require and 
 command the sheriffs of the several shires, and their deputies, 
 justices of the peace, and magistrates of the royal burghs of this 
 kingdom, within their several jurisdictions, to take trial how far, and 
 in what manner, the said acts of Parliament and proclamations of 
 council have been obeyed and put to execution, conform to the 
 tenors thereof; and where any have neglected, or been deficient, and 
 wanting in what is required of them by the said acts and proclama- 
 tions, to amerciate and fine them therefor, in the manner specified : 
 And if any difficulty shall happen in the after prosecution thereof, 
 through what cause or occasion soever, not provided for by the said 
 laws and proclamations, the magistrates respective foresaid, are 
 hereby required to represent the same to the Lords of our Privy 
 Council, that they may give such order thereanent as may bring this 
 good work of relieving the poor, and restraining vagabonds, to the 
 desired issue : For the better effectuating whereof, we, with advice 
 foresaid, nominate and appoint a committee of the Lords of our 
 Privy Council to receive in any representation from the magistrates 
 respective above named : And likewise with power to them to call 
 and convene before them the sheriffs and other magistrates respective 
 aforesaid, to whom the execution of the said acts and proclamations 
 are committed, and particularly the magistrates of Edinburgh, and 
 to examine and take trial of their negligence in the said matter, and 
 to modify the fines and penalties to be exacted from them for the 
 same, and to report their opinion therein to a full council, the first 
 council day of September next. Our will is herefore, &c. 
 
 No. VI. 
 
 WILLIAM, 3d March 1698. 
 Proclamation anent the Poor. 
 
 WILLIAM, &c. That where the many good and laudable laws 
 made for maintaining the poor, and suppression of beggars, vaga- 
 bounds, and idle persons, have not hitherto taken effect, partly
 
 176 APPENDIX. 
 
 because there were no houses provided for them to reside in, and 
 partly because the.persons to whom the execution of these laws was 
 committed have been negligent of their duty ; for remeid whereof, 
 we, with the advice of the Lords of our Privy Council, ordain the 
 former proclamations formerly emitted, of the date the llth August 
 1692, the 29th August 1693, and last of July 1694, ratified and 
 approven by act 29, session 6, of our current Parliament, to be re- 
 printed and put to full and vigorous execution in all points : And in 
 order to make the said proclamations the more effectual, we, with the 
 advice forcsaid, revive act 18, sess. 3, Parl. 11, Charles II., in so far 
 as concerns the providing correction-houses for the receiving and 
 entertaining of beggars, vagabounds, and idle persones within the 
 burghs therein mentioned, viz. one correction-house at the burgh 
 of Edinburgh, for those of the town and shire of Edinburgh ; one at 
 the burgh of Haddington, for those of the shire of Haddington ; one 
 at Dunse, for the shire of Berwick ; one at Jedburgh, for the shire 
 of Roxburgh ; one at the burgh of Selkirk, for the shire of Selkirk ; 
 one at the burgh of Peebles, for the shire of Peebles ; one at Glasgow, 
 for the shire of Lanark ; one at the burgh of Dumfries, for the shire 
 of Dumfries ; one at the burgh of Wigton, for the shire of Wigton ; 
 one at the burgh of Kirkcudbright, for the stewartry of Kirkcud- 
 bright ; one at the burgh of Ayr, for the shire of Ayr ; one at the 
 burgh of Dumbarton, for the shire of Dumbarton ; one at the burgh 
 of Rothsay, for the shire of Bute; one at Paisley for the shire of 
 Renfrew ; one at Stirling for the shires of Stirling and Clackmannan ; 
 one at Linlithgow, for the shire of Linlithgow; one at Culross, for 
 these twelve parishes in Perthshire belonging to the presbytery of 
 Dunblane ; one at the burgh of Perth, for the rest of the shire of 
 Perth; one at Montrose, for the shire of Kincardine; one at the 
 burgh of Aberdeen, for the shire thereof; one at Inverness, for the 
 shires of Inverness, Ross, and Cromarty; one at the burgh of Elgin, 
 for the shires of Elgin and Nairn ; one at Inverary, for the shire of 
 Argyle ; four in the shire of Fife, viz. one at St Andrews, one at 
 Cupar, one at Kirkaldy, and one at Dunfermline, for the four ordi- 
 nary divisions of that shire ; one at Dundee, for the shire of Forfar ; 
 one at Banff, for the shire of Banff; one at the burgh of Dornoch, 
 for the shire of Sutherland; one at Wick, for the shire of Caithness; 
 and one at Kirkwall, for the shires of Orkney and Zetland; each 
 of which houses shall have a large closs, sufficiently enclosed for 
 keeping in the said poor people, that they be not necessitate to be 
 always within doors, to the hurt or hazard of their health : And 
 ordains the said magistrates of the said burghs to provide the cor-
 
 APPENDIX. 177 
 
 rection-houses, and appoint masters and overseers for the same, by 
 advice of the presbytery, or such as they shall appoint, who may set 
 the poor persons to work, and that betwixt and the 1st day of 
 October next, under the pain of 500 merks quarterly, until correc- 
 tion-houses be provided for, conform to the said act. 
 
 But in place of the Commissioners of Excise mentioned in the 
 same act, we, Avith advice foresaid, require and command the sheriffs 
 of the shires and their deputes to put the said act in execution within 
 their respective shires, as to every thing that by the said act was 
 committed to the Commissioners of Excise ; and ordains the said 
 sheriffs and their deputes to give account of their diligence herein, 
 betwixt and the 1st of December, under the pain, every one of them, 
 of 500 merks, who shall failzie and neglect to do the samen, to be 
 employed for the use of the poor of the shire, and to be liable in 
 L.I 00 weekly, after the said day, before they return an account of 
 their diligence to our Privy Council, to be employed for the use 
 foresaid. 
 
 And ordains the several parishes within every shire and district 
 to send their poor to the magistrates of the towns where the correc- 
 tion-houses are to be provided, against the 1st day of November 
 next, that they may be put into the said correction-houses : And in 
 case the said correction-houses be not ready to serve the poor against 
 the said day, ordains the poor to be sent to be maintained by the 
 magistrates of the burgh who were to provide the said correction- 
 houses, and that aye and while the correction-houses be provided ; 
 and that by and attour the foresaid penalties imposed by the said act 
 of Parliament, in case of falzieing of providing the said correction- 
 houses against the said day : And, in the meantime, before the said 
 correction-houses be provided, ordains the said acts and proclama- 
 tions of our Privy Council to be put to full execution. 
 
 And because there may some questions arise in putting the said 
 acts in execution, for which there can be no general rule set down, 
 in respect of the different conditions and circumstances of several 
 places of the country ; therefore, that the said act may be more 
 effectually, and with greater expedition, put in execution, we, with 
 advice foresaid, give power and warrant to the ministers and elders 
 of each parish, with advice of the heritors, or so many of them as 
 shall meet and concur with the ministers and elders, upon intimation 
 to be made by the minister from the pulpit upon the Sabbath day 
 before, to decide and determine all questions that may arise in the 
 respective parishes in relation to the ordering and disposing of the 
 poor, in so far as it is not determined by the laws and acts of Par- 
 
 II
 
 178 AI'l'EXIUX. 
 
 and the former acts of our Privy Council, which are ratified 
 by the act of Parliament foresaid. Our will is herefore, and we 
 charge you strictly, and command that incontinent these our letters 
 seen, ye pass to the Market Cross of Edinburgh, and remanent 
 Market Crosses of the head burghs of the several shires and stew- 
 artries within this kingdom, and thereat, in our name and authority, 
 by open proclamation, make intimation hereof, that none may pre- 
 tend ignorance. And ordain these presents to be printed. 
 
 No. VII. 
 ACT 8 & 9 VICT. c. 83, 4th August 1845, 
 
 For the Amendment and better Administration of the Laws relating 
 to the Relief of the Poor in Scotland. 
 
 WHEREAS it is expedient that the laws relating to the relief of 
 the poor in Scotland should be amended, and that provisions 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 > s ^ a ^ ' n *^ e construction thereof be interpreted 
 
 pressions used in as follows, except where the nature of the provision or 
 the act 
 
 the context of the act shall exclude or be repugnant to 
 
 " Burgh :" 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 mem- 
 
 " Sheriff :" ber to Parliament ; " sheriff"' shall include and apply 
 
 to sheriff-substitute and Stewart-substitute ; the 
 wordg u knds ftnd herjtage8 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, ware- 
 
 houses, mills, cellars, stalls, stables, gardens, yards, and nil build- 
 
 o tii " * n s anc ^ pertinents thereof; the word "oath" 
 
 shall include the affirmation of a Quaker, Separa- 
 
 " Owner " *' s ^> or Moravian; "owner" shall apply to life- 
 
 renters as well as fiars, and to tutors, curators, com-
 
 APPENDIX. 179 
 
 missioners, trustees, adjudgers, wadsetters, or other persons who shall 
 
 be in the actual receipt of the rents and profits of lc 
 
 " Persons : 
 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 Board of Super- 
 act, and the said Board shall consist of the follow- J 81 
 
 ing persons, viz. the Lord Provost of Edinburgh, Wished. 
 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 Eenfrew, 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 Belief 
 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 Members of Board 
 the duties of their office, except as hereinafter to derive no emo- 
 mentioned, and shall not be personally responsible 
 
 for any thing done bond fide in the execution of this act, or in the 
 exercise of the powers therein contained : Provided Their expenses 
 always, that any necessary expenses incurred by the to ^ e P a ^- 
 Board or by members thereof, or committees or commissioners 
 authorised or appointed by the Board as hereinafter provided, shall 
 be deemed as part of the incidental expenses attending the execu- 
 tion of this act, and be paid accordingly ; and an account of all 
 expenses 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 Q ne p^j mem . 
 
 three members of the said Board of Supervision to ber and secretary 
 
 be appointed by her Majesty as aforesaid, who shall 
 
 be paid, and also to appoint a fit person to be secretary to the said
 
 180 M'PENDIX. 
 
 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 Com- 
 missioners 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, Ren- 
 frew, and Ross and Cromarty, shall each receive the sum of one 
 hundred pounds sterling per annum, in addition to their present sala- 
 ries, so long as they continue to act as members of the said Board. 
 
 V. And be it enacted, That the said Boardo fSuper vision shall 
 Meetings of the meet at Edinburgh in the Court-room of the First 
 Board. Division of the Court of Session upon the 20th 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 meet- 
 ings 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 natd 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 natd meetings shall specify the business or matter on 
 Paid member of which such meetings are called ; and it shall be the 
 
 !i"i!!n "o attend dut >' f th<J P aid membcr of the said Board not onl y 
 regularly. to attend at the general and the special or adjourned 
 
 meetings, but to give regular attendance for the purpose of con- 
 ducting 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, 
 Board may name as often as they may deem fit, to appoint any two or 
 Committees. more of their number as a Committee for the pur- 
 poses of this act, and if more than two to fix the number of
 
 APPENDIX. 18 J 
 
 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 direc- 
 tion 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 occa- Board may make 
 sion, to make general rules and regulations for general rules, 
 conducting the business of the said Board, and for exercising the 
 powers and authorities thereof, and to alter such rules and regula- 
 tions : Provided always, that such rules and regulations and altera- 
 tions, 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 trans- 
 mitted 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 regula- 
 tions 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 _ , 
 
 Board to record 
 shall be entered minutes of all meetings held by their proceed- 
 
 them, or any Committee appointed by them, and m s > * nd make 
 
 ri annual reports 
 
 all resolutions passed and orders made by them, on the state of 
 
 and all other matters which the Board may judge poor, 
 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 through- 
 out 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 jneeting thereof.
 
 182 APPENDIX. 
 
 IX. And be it enacted, That it shall be lawful for the said Board 
 Powers of the f Supervision to inquire into the management of 
 Board of Super- u ie p Oor j n ev ery parish or burgh in Scotland, and 
 vision to require , . ' ., , . , , . 
 returns and exa- or this purpose the said Board is hereby empowered 
 
 mine witnesses. fa m ake 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 
 Board may au- the said Board, whenever it may seem fitting to 
 
 ' them, to authorise and empower for a limited time 
 made. one of the members thereof to conduct any spe- 
 
 cial inquiry in any part of Scotland, and to report thereon to the 
 Board ; and such member, so authorised 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 expenses necessarily incurred by him in conducting such inquiry, 
 and such expenses shall be deemed part of the expenses attending 
 the execution of this act, and be paid accordingly. 
 
 XL And be it enacted, That it shall and may be lawful for the 
 Board may ap- s& ^ Board of Supervision, whenever it may seem 
 
 point Commis- fitting to them, with the consent of one of her 
 
 sioners for con- ,,., .., . . 
 
 ducting special Majesty s principal Secretaries of State, or of her 
 
 inquiries. 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
 
 APPENDIX. 183 
 
 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 Secre- 
 taries 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 ojficii, 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 Com- 
 missioner shall be reimbursed by the said Board for all expenses 
 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 anv case where they see fit, , 
 
 * Board may allow 
 
 to order and allow such expenses of witnesses, and expenses of wit- 
 such expenses of or concerning the production of nesses & c - 
 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 
 expenses so ordered and allowed shall be deemed part of the 
 incidental expenses attending the execution of this act, and be paid 
 accordingly. 
 
 XIII. And be it enacted, That if any person, upon any examina- 
 tion on oath under the authority of this act, shall 
 
 * Penalties on par- 
 
 wilfully give false evidence, he shall be deemed ties giving false 
 
 guilty of perjury, and shall be liable to the pains evidence, or re- 
 and penalties thereof ; and in case any person shall summons of the 
 wilfully refuse to attend in obedience to any sum- Board - 
 mons of the said Board of Supervision or committee thereof, or 
 member or commissioner authorised or appointed by the Board as
 
 184 APPENDIX. 
 
 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 wil- 
 fully neglect or disobey any of the orders of the said Board or 
 Committee, or member or Commissioner, or be guilty of any con- 
 tempt 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 
 Power of Hoard 
 
 to appoint Clerks, 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, messen- 
 gers, and officers, or any of them, and to appoint others in their 
 stead ; provided that the amount of the salaries of such clerks, mes- 
 sengers, and officers shall from time to time be regulated by the 
 Lord High Treasurer, or the Commissioners of her Majesty's Trea- 
 sury, 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 of Board members or the secretary of the said Board of 
 
 Supervision Supervision, or for any clerk or officer of the said 
 inps of parochial Board, provided that such clerk or officer shall be 
 boards. duly authorised 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 
 Parishes may be appear to the Board of Supervision, on application 
 combined. by the parochial boards of any one or more adjoin- 
 ing parishes, or from a regard to the relative situation of two or 
 more such parishes, or from any other circumstances, that the admi- 
 nistration 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
 
 APPENDIX. 185 
 
 the parochial boards of such parishes shall meet, on requisition to 
 that effect by the Board of Supervision, for the purpose of consider- 
 ing the proposed combination ; and in every case where the paro- 
 chial 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 pur- 
 poses 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 vision may add 
 see fit, due regard being had to the circumstances other P arisnes - 
 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 Super- 
 vision, 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 combina- 
 tions 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 com- 
 bination of parishes there shall be a parochial board Parochial board 
 of managers of the poor ; and the whole administra- f managers of 
 tion of the laws for the relief of the poor shall be burghal parishes 
 under the direction and control of such parochial or combinations, 
 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 ;
 
 186 APPENDIX. 
 
 and until it shall have been resolved, as hereinafter 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 com- 
 bination in which it shall have been resolved, as hereinafter pro- 
 vided, 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 paro- 
 chial board, such number of managers, not being more than thirty, 
 as the said Board of Supervision, having due regard to the popula- 
 tion 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 Super- 
 vision, 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 hereinafter 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 sepa- 
 rate 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 toge- 
 ther, 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 
 Board of Su- combination it shall have been so resolved to raise 
 pervision to fix th e f un( i s requisite for the relief of the poor by assess-
 
 APPENDIX. 187 
 
 ment, and where the persons from whom such assess- 
 
 the day for the 
 ment is to be levied, and the amount payable by each, first election of 
 
 shall have been ascertained or determined as herein- mana g ers - 
 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 com- Mode of voting 
 bination under this Act, the votes shall be given or ^es^or' 1 c^m- 
 taken, collected and returned, in such manner and binations. 
 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, whe- 
 ther 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 owner-
 
 188 
 
 ship as of his means and substance : Provided always, that no person 
 s hall 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 assess- 
 ments assessed upon and due from him at the time of so voting. 
 
 X X. And be it enacted, That for the purpose of conducting the 
 Board of Super- election of managers of the poor it shall be lawful for 
 
 bllgU^arilhes tho Board of Supervision to divide any burghal 
 or combinations parish or combination into such and so many wards 
 
 df4ion?f<?relec- or divi8 ' ons * he y ma y decm expedient, and to 
 tions. 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 heri- 
 tages 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, 
 Right of voting 
 how to be ascer- 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 
 Parochial board burghal parish, and not being part of any combina- 
 
 burKha^oTcom- ilou ^ a f resa >d> tnere sna M be in like manner a 
 bined. 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 paro- 
 chial board, who shall have and exercise all the powers and authori- 
 ties 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 
 Midi parochial board shall be constituted as follows ; (that is to say)
 
 APPENDIX. 189 
 
 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 afore- 
 said in which it shall have been resolved, as hereinafter 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 manda- 
 tory 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 afore- 
 said in which it shall have been resolved to raise the Elected mem- 
 funds for relief of the poor by assessment, and in bers. 
 which the persons from whom such assessment is to be levied, and 
 the amount payable by each, have been ascertained or determined 
 as hereinafter 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 resi- 
 dence of the other members of the parochial board, and the special 
 wants and circumstances of each particular parish ; and the said
 
 19H APPENDIX. 
 
 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 
 Elected mem- 
 bers bow to be day in each succeeding year, or on a day, as soon 
 
 appointed. 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 pre- 
 scribed 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 assess- 
 ment 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 if 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
 
 APPENDIX. 191 
 
 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 assess- 
 ments 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 Supervi- 
 sion 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 j n cases O f corp _ 
 
 joint stock or other company, or by joint owners or orations or joint 
 . . . stock companies, 
 
 joint occupants, no member of such corporation or wno entitled to 
 
 proprietor of or interested in such joint stock or vote - 
 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 paro- 
 chial 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 Husbands may 
 
 heritages shall be entitled to vote and act in right of vote in right of 
 ., . . their wives, 
 
 their wives.
 
 1!'- APPENDIX. 
 
 XXVII. And be it enacted, That any dispute which may arise as 
 
 _.. t to the validity of the election of any person to be a 
 
 Disputes as to J r 
 
 elections how to member of the parochial board of any parish or com- 
 be determined, bination, 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 expenses 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 l>e 
 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 
 Part t d e ^ ect ' on f anv parochial board, or of any member or 
 may act in the 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 mem- 
 bers 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 
 Penalty on offi- J 
 
 cer making false 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 
 rochial boards at which the general meetings of the board shall be 
 and committees. he]d> and to a dj our n such meetings from time to
 
 APPENDIX. 193 
 
 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 _ . . 
 
 Parochial board 
 
 for the year ensuing, and such chairman shall preside to elect a chair- 
 at all meetings of the Board, and shall have both an man annually, 
 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 mem- 
 bers present shall etect 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 Tuesday of September in this present 
 
 ,,,, _ it j . Parochial boards 
 
 year, or on such day thereafter as may be fixed by tomeetandmake 
 
 the Board of Supervision, meet for the purpose of U P ro ^ ^ tne 
 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 
 
 ' . and appoint an 
 
 to be made up, such roll as aforesaid with the least inspector of the 
 
 possible delay, and shall nominate and appoint a fit P oor - 
 and qualified person or persons to be inspector or inspectors of the 
 poor in such parish or combination, and shall fix the amount of the 
 remuneration to be given to every such inspector, and shall forth- 
 with report to the Board of Supervision the name and address of 
 such inspector, and the amount of the remuneration to be given to 
 
 N
 
 194 APPENDIX. 
 
 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 boards parochial board of any parish or combination 
 
 may resolve that assembled at such meeting, or at any adjournment 
 the funds shall , . , 
 
 be raised by as- thereof, or for the parochial board of any parish or 
 
 sessment. 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 expenses 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. 
 
 XXXIY. And be it enacted, That when the parochial board of 
 Modes of impos- an y parish or combination shall have resolved to 
 ing assessment. ra j se 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 combina- 
 tion 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, accord- 
 ing to their means and substance, other than lands and heritages 
 situated in Great Britain or Ireland, or to resolve that such assess- 
 ment 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
 
 APPENDIX. 195 
 
 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 combi- 
 nation, and shall not be altered or departed from without the 
 sanction of the Board of Supervision ; and if the Board of Super- 
 vision 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 Assessment may 
 
 be imposed according to the provisions of any local be i m p se( l ac- 
 
 .. . J . cording to local 
 
 Act, or according to any established usage, it shall ac t or establish- 
 
 be lawful for the parochial board or boards of such e & usage, 
 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 T , 
 
 Parochial boards 
 half on the tenants or occupants of lands and heri- may classify 
 
 tages, it shall be lawful for the parochial board, with lands - 
 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 Annual value de- 
 taken to be the rent at which one year with fin ed. 
 another such lands and heritages might in their actual state be rea- 
 sonably expected to let from year to year, under deduction of the 
 probable annual average cost of the repairs, insurance, and other 
 expenses, if any, necessary to maintain such lands and heritages in
 
 19t) APPENDIX. 
 
 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 
 Roll of persons . , . . 
 
 liable to assess- aforesaid to raise by assessment the funds requisite, 
 
 ment to be made ant j w hen the manner in which the assessment is to 
 up. 
 
 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 col- 
 lectors 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 
 Amount of assess- . 
 
 ment payable by shall intimate to each person the amount of the 
 
 each person to be sum t o fc e l ev ied from him, and the time when the 
 intimated. 
 
 same is payable. 
 
 XL. And be it enacted, That before the expiration of one year 
 
 ,_ , v j from the date at which the first assessment under 
 
 Parochial boards 
 
 to fix annually the the provisions of this act shall have been imposed 
 
 amount of assess- ^ a f oresa id j n any parish or combination, and 
 
 ment, and make 
 
 up roll of rate- yearly or half yearly thereafter, the parochial 
 
 P ft y ers - 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 assess- 
 ment, 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
 
 APPENDIX. 197 
 
 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 power to correct 
 board of any such parish or combination, if there errors > 
 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 subse- 
 quent 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 compe- 
 tent 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 an( j impose addi- 
 circumstarices, prove insufficient, it shall be lawful tional assessments, 
 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 paro- 
 chial board of any parish or combination to exempt p ower to paro- 
 
 from payment of the assessment or any part thereof, chial boards to 
 
 , , exempt on the 
 
 to such an extent as may seem proper and reason- gromfa O f j na . 
 
 able, any persons or class of persons on the ground bility. 
 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 heri- f rom tenants the 
 
 tages, it shall be competent for the collector of such assessment on 
 
 owners 
 
 assessment to levy the whole thereof from the ten- 
 ants or occupants, who shall be entitled to recover one half thereof 
 from the owners, or to retain the same out of their rents, on pro- 
 duction 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, 
 
 , , , , . u , ,, ,. Longleaseholders 
 
 have been or shall be built by the tenant of any to be considered 
 
 land held under a building lease upon such land, owners> 
 
 the tenant and his heirs and assignees in such lease shall for the
 
 198 APPENDIX. 
 
 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 rail- 
 
 , way shall pass through or be situate in more than 
 Canals and rail- ? . 
 
 ways how to be one parish or combination, the proportion of the 
 
 a88088ed> annual value thereof on which such assessment shall 
 
 be made for eacli 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. 
 
 XL VI. And be it enacted, That the owners and occupiers of 
 
 lands and heritages shall not be liable to be as- 
 The same pro- . . , . , , , .. . .. 
 
 perty not to be sessed in respect of such lands and heritages tor the 
 
 assessed in two relief of the poor in more than one parish or combi- 
 pa rishes. 
 
 nation. 
 
 XL VII. And be it enacted, That if in any parish or combination 
 
 in which an assessment is imposed on means and 
 Companies or in- 
 dividuals to be substance any company or any individual shall occupy 
 
 assessed in cer- any i an d s an( j heritages, or shall carry on any trade 
 tain cases. . 
 
 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 combina- 
 tion 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 sub- 
 Means and sub- 
 stance not to be stance derived from or relating to the occupancy of 
 
 assessed in more i an( j 3 an( j heritages within such parish or combina- 
 than one parish. . . ... 
 
 tion, 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.
 
 APPENDIX. 199 
 
 XL VIII. And be it enacted, That no person shall be liable to 
 
 be assessed in any parish or combination on his ., 
 
 Means and sub- 
 means and substance unless the estimated annual stance under L.30 
 
 value thereof in whole shall exceed thirty pounds. not to be assessed - 
 XLIX. And be it enacted, That clergymen shall be liable to 
 be assessed for the poor in respect of their sti- stipends may be 
 pends. assessed, 
 
 L. And be it enacted and declared, That the privileges of exemp- 
 tion from payment of assessments in the city of 
 
 . Certain privileges 
 
 Edinburgh, possessed and enjoyed by members of of exemption to 
 
 the College of Justice and Officers of the Queen's cease - 
 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 . 
 
 ; . Assessment not to 
 
 or combination, such assessment shall be payable at be void from er- 
 
 the time or times and in the proportions to be ror or misnomer - 
 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 bond fide liable in payment 
 of the same. 
 
 LII. And be it enacted, That where any property whatsoever, 
 
 whether heritable or moveable, or any revenues, _ 
 
 7 . . Pansh property 
 
 shall at the time of the passing of this act belong to vested in new 
 
 or be vested in the heritors and kirk session of any P arocnial boards, 
 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 authorised 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,
 
 200 APPENDIX. 
 
 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 sum or sums of 
 Funds to be in- money or other funds which have been or may here- 
 " Mltl after 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 authorised 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 
 Church collec- 
 tions in assessed the relief of the poor, all monies arising from the 
 
 parishes. 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 authorise the 
 kirk session of any parish to apply the proceeds of such church col- 
 lections 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 
 Duties of in- r * 
 
 specter of the appointed shall have the custody of and be respon- 
 
 P oon sible 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
 
 APPENDIX. 201 
 
 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 belong- 
 ing to the parish 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 , 
 
 r Assistant inspec- 
 
 parishes or divisions of parishes the duties of inspect- tors in populous 
 
 ing and visiting the poor may be performed by P aris ' ies ' 
 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 Board of Super- 
 office, or shall, in the opinion of the Board of ^Vt 
 Supervision, be unfit or incompetent to discharge inspectors, 
 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 com- 
 bination 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. 
 
 LVIL And be it enacted, That in case it shall be necessary to 
 
 commence or institute any action by or on behalf of T 
 
 * Inspectors may 
 
 any parish or combination, or parochial board for pursue and de- 
 
 the relief of the poor, such action may be brought * e actions, 
 in the name of any inspector of the poor of such parish or combina- 
 tion as pursuer ; and in any action to be brought against any paro- 
 chial 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, decrees, or other proceedings served or obtained 
 or had against any inspector of the poor, shall be binding on and
 
 APPENDIX. 
 
 conclusive against the parochial board of the parish or combination 
 for which ho 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 
 Actions trans- an y inspector of the poor in his official character, 
 ferred. s \ ia ]\ b e continued by or against his successors in 
 
 office, notwithstanding the death, designation, 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 
 Lunatic paupers r 
 
 to be placed in parish or combination shall be insane or fatuous, the 
 asylums. 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 authorised 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 
 Board of Super- authorised and empowered, on any parochial board 
 ranora^m^cer- refusin & or neglecting to provide for the removal of 
 tain cases. an insane or fatuous poor person to an asylum or 
 
 establishment as aforesaid within the time hereinbefore 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 expense of such removal and all subsequent expenses 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 
 Provision as to of the aged and other friendless impotent poor, and 
 poor houses. a ] so f or providing for those poor persons who from 
 
 weakness or facility of mind, or by reason of dissipated and impro- 
 vident habits, are unable or unfit to take charge of their own affairs, 
 it is expedient that poorhouses should be erected in populous
 
 APPENDIX. 203 
 
 parishes ; be it enacted, That in every case in which a parish or 
 combination of parishes contains more than five thousand inhabi- 
 tants, 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 con- 
 sideration 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 consider- 
 ation 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 execu- 
 tion by the said parocjiial board. 
 
 LXI. And be it enacted, That, with the concurrence of the Board 
 of Supervision had and obtained thereto, it shall be Parishes may u- 
 lawful for the parochial boards of any two or more "j^/ 
 contiguous parishes to agree to build a common poorhouses. 
 poorhouse for such two or more parishes ; and the expense of main- 
 taining 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. 
 
 LXIL 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 money for build- 
 parish or combination is hereby authorised and in P oorllou ses. 
 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 assess- 
 ments 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 imme- 
 diately 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
 
 204 APPENDIX. 
 
 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 
 Plans for poor- this act no new poorhouse shall be built, nor shall 
 Jr'oTdty Board an y existin g poorhouse be enlarged or altered, nor 
 of Supervision, 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 sub- 
 mitted 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 poor- 
 Parochial boards house already exists, or shall be built or enlarged or 
 for re^ation'of altered under tne Provisions of this act, the parochial 
 poorhouses. board or boards shall frame rules and regulations for 
 the management of such poorhouse, and for the discipline and treat- 
 ment 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 pur- 
 pose of affording religious assistance to such inmate, and shall sub- 
 mit 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 
 Poor persons board of any parish or combination in which a poor- 
 
 from other pa- house has been or shall hereafter be erected to receive 
 
 rishes may be . . 
 
 received into an d accommodate in such poorhouse poor persons 
 
 poorhouses. 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 
 Medical attend- 
 ance in poor- provisions of this act, there shall be proper and suf- 
 
 houses. ficient arrangements made for dispensing and sup- 
 
 plying 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
 
 APPENDIX. 205 
 
 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. 
 
 LXVIL 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 combi- subscribe to hos- 
 nation, to contribute annually, or otherwise, such P ltals > )C - 
 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. Arid be it enacted, That from and after the passing of 
 this act all assessments imposed and levied for the Funds raised by 
 relief of the poor shall extend and be applicable to SeTo^eUef of 
 the relief of occasional as well as permanent poor : occasional 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 ,_ ,. 
 
 * Medical relief, 
 
 and they are hereby required, out of the funds raised clothing, and ed- 
 
 for the relief of the poor, to provide for medicines, ucatlon - 
 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 _. 
 
 . J. . ' J Destitute persons 
 
 parochial relief, the inspector of the poor, or other to be relieved, al- 
 
 officer of such parish or combination whose duty it thou g h having no 
 
 settlement in the 
 shall be to attend to such applications, shall be bound parish to which 
 
 to make inquiry forthwith into the circumstances of the y a PPty- 
 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
 
 206 APPENDIX. 
 
 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 applica- 
 tion 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 ap- 
 plied 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 
 Expenses may be afforded to a poor person found destitute in a parish 
 JSSTrf sett?e or combination, it shall be lawful for the parochial 
 ment. 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 expenses 
 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 
 Where parishes notice the parish or combination to which such poor 
 
 do not provide peraon s h a n ag aforesaid have been ascertained to 
 
 for removal of r 
 
 their poor from belong shall not remove such poor person, or shall
 
 APPENDIX. 207 
 
 not make provision to the satisfaction of the parish O ther parishes 
 or combination which has given the notice, for the a ^ ter notice, 
 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 expense 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 p , 
 
 relief, it shall and may be lawful for such poor per- may apply to 
 son to apply to the sheriff of the county in which s ^ erlff - 
 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 con- 
 strued 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 Proceedings when 
 
 be inadequate, such poor person shall lodge, or cause a ?^ / .relief 
 
 considered inade- 
 to be lodged, a complaint with the Board of Super- quate.
 
 208 
 
 vision, 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 exhibi- 
 tion 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 
 No action to lie competent for any court of law to entertain or 
 relative to relief decide any action relative to the amount of relief 
 if Board of Su- granted by parochial boards, unless the Board of 
 pervision. Supervision shall previously have declared that there 
 
 is a just cause of action, as hereinbefore 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 by re- / 
 
 sidence for five 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 beg- 
 ging 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 
 Removal of Eng- 
 lish and Irish pau- having acquired a settlement in any parish or com- 
 
 P ers - bination in Scotland, shall be in the course of
 
 APPENDIX. 209 
 
 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 por- 
 tion thereof is situate, and they are hereby authorised 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 com- 
 bination 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 expense 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 arrange- 
 ment 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 
 
 r . Removing officer 
 
 shall be delivered for the purpose of being carried to have powers 
 
 into execution, shall and may by virtue thereof of a constable - 
 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 pur- 
 pose, in every county and place through which he shall pass in the 
 due execution of such order, have and exercise the powers* with 
 
 o
 
 210 APPENDIX. 
 
 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 
 Persons again be- removed to England or Ireland or the Isle of Man 
 abie"to be^unl from anv P arisl1 or combination in Scotland, under 
 ished. 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 
 
 1579, c. 74. passed in the year one thousand five hundred and 
 seventy-nine, intituled An Act for Punishment of strang and idle 
 Beggar i, and Relief e of the Pure and Impotent, and may be appre- 
 hended 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 con- 
 viction 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 
 Punishment for s ^ a ^ desert or neglect to maintain his wife or chil- 
 
 desertion of wives dren, being able so to do, and every mother and 
 
 and refusal to * 
 
 maintain illegiti- every putative father of an illegitimate child, after 
 
 mate children. tn e paternity has been admitted or otherwise esta- 
 blished, 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 
 
 1579, c. 74. 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 punish- 
 able 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 pro-
 
 APPEENDIX. 211 
 
 vided for, maybe recovered by summary proceeding Penalties how to 
 upon complaint in writing made in the name of be recovered, 
 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 com- 
 plaint 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 con- 
 fession 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 
 expenses as the sheriff shall think fit, and to grant warrant for 
 imprisoning the offender until such penalty or forfeiture and 
 expenses shall be paid : Provided always, that such warrant shall 
 specify the amount of such penalty or forfeiture and expenses, and 
 shall also specify a period at the expiration of which the party shall 
 be discharged, notwithstanding such penalty or forfeiture or expenses 
 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 Application of 
 this act, the application whereof is not herein other- penalties, 
 wise 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, for within six 
 unless such penalty or forfeiture shall have been pro- mont ' is ' 
 secuted 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 per- 
 son liable to be assessed for the relief of the poor in any parish
 
 212 Al'l'KNDIX. 
 
 Rate-payers com- 8 l' a N be deemed an incompetent witness in any 
 P. -tc -at witnesses, proceeding for the recovery of any penalty or for- 
 feiture inflicted or imposed for any offence against this act, not- 
 withstanding 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 
 Penalty on wit- J 
 
 nesses making sheriff in any matter in which such sheriff shall have 
 
 default. 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 oftence, 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 
 Informalities. 
 
 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 
 Limitation of ac- thing done in the execution of this act shall be 
 tions - 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 
 Tenders of a- sna ll recover in any action for irregularity or wrong- 
 mends. f u l 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 pro- 
 ceedings 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 expenses which the pursuer may 
 already at the time of such tender being made have incurred in pro- 
 secuting such action. 
 
 LXXXVII. And be it enacted, That in case any parochial 
 Provision for re- board shall refuse or neglect to do what is herein 
 
 fusal or neglect or otherwise bv law required of them, or in case any 
 of parochial .... . . . 
 
 hoards. obstruction shall arise in the execution of this act, it
 
 APPENDIX 213 
 
 shall be lawful for the said Board of Supervision to apply by sum- 
 mary 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 authorised 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 collect- the poor may be 
 ing, levying, and recovering the land and assessed rec vered sum- 
 taxes, or either of them, and other public taxes, shall and assessed 
 be held to be applicable to assessments imposed for taxes 
 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 never- 
 theless 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 pre- 
 ferable 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 p , . , 
 any year or half year to make disbursements for the may borrow 
 
 relief of the poor beyond the amount received of the monev on secu- 
 
 1 * rity or assess- 
 
 assessment applicable to the expenditure of such year ment remaining 
 
 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 pro- 
 vision of this act notice or intimation is required to Notices how to 
 be given without prescribing the particular form of ^ e gi yen - 
 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
 
 214 APPENDIX. 
 
 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 
 Former act* re- , . ' . r 
 
 I>ealed which are t' ie y are a * variance or inconsistent with the provi- 
 at Yariance with 8 j OD9 o f this act: Provided always, that the same 
 
 shall continue in force in all other respects : Pro- 
 vided also, that nothing herein contained shall be held to affect or 
 7 & 8 Viet., repeal an Act passed in the seventh year of her pre- 
 c - vi - sent 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 
 Alteration of 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, SfC. 
 
 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) 
 
 No. VIII. 
 
 RULES AND REGULATIONS OF THE BOARD OF SUPERVISION, 
 APPROVED OF BY THE SECRETARY OF STATE. 
 
 1. In cases of Paupers complaining of inadequate relief. (First 
 Rep. App. B, No. 2, p. 17 18.) 
 
 The Board of Supervision, by virtue of the powers vested in it 
 by sect. 7 of the act 8 & 9 Viet., c. 83, has made the following 
 rules to regulate the form and manner in which poor persons seek-
 
 APPENDIX. 215 
 
 ing redress for inadequate parochial relief, in terms of the act, 
 sect. 74, shall transmit their complaints to the Board of Supervi- 
 sion : 
 
 I. No such complaints in respect of which the rules of the Board 
 of Supervision shall not have been complied with, will be received 
 by the Board. 
 
 II. The inspector of the poor of each parish shall at all times be 
 provided with printed applications and schedules for the use of poor 
 persons desiring to lodge such complaints with the Board of Super- 
 vision. 
 
 III. The inspector shall deliver a copy of such application and 
 schedule to each poor person upon the roll of the parish who may 
 demand it. 
 
 IV. The inspector, if required by the applicant so to do, shall 
 fill up the schedule in any terms the applicant may desire. 
 
 V. If the applicant shall prefer to have the schedule filled up by 
 any other than the inspector, he shall be at liberty to do so. 
 
 VI. Every such application and schedule, before being transmitted 
 to the Board of Supervision, must be signed at the places indicated 
 in the printed form, by the poor person complaining, with his or 
 her name, or with a mark attested by one witness. 
 
 VII. Every such schedule, before being transmitted to the Board 
 of Supervision, shall be delivered open, filled up, and signed as 
 above directed, to the inspector, who shall thereafter inscribe upon 
 it such remarks as he may have to make, and sign them with his 
 name at the place indicated for his signature. 
 
 VIII. The inspector, if required by the applicant so to do, shall 
 within twenty-fours from the time when the schedule shall have 
 been delivered to him for that purpose, open, filled up, and duly 
 signed, forward it to the Board of Supervision, with such remarks 
 as he may have to make inscribed upon it. 
 
 IX. If the applicant shall prefer to transmit the schedule to the 
 Board of Supervision otherwise than through the inspector, he shall 
 be at liberty to do so ; and in that case the inspector shall return 
 the schedule to the applicant, with such remarks as he may have to 
 make inscribed upon it, within twenty hours from the time when it 
 shall have been delivered, open, filled up, and duly signed, to the 
 inspector. 
 
 The applications of poor persons complaining of inadequate relief, 
 and the schedules attached to these applications, which are to be 
 filled up by or for them, shall be in the annexed form
 
 216 
 
 APPENDIX, 
 
 FORM OF APPLICATION for Paupers complaining of inadequate relief 
 
 To the Board of Supervision. 
 
 I , one of the poor on the roll of the 
 
 parish of , complain that the relief afforded 
 
 to me is inadequate ; and I pray the Board of Supervision to inves- 
 tigate the nature and grounds of my complaint, and in the event 
 of my complaint being ascertained to be well founded, and not 
 removed by the parochial board of said parish, then to declare by a 
 minute that I have a just cause of action against the said parish. 
 
 Signature or Mark of Applicant. 
 If the applicant cannot write, the signature by a \ 
 mark must be attested by a witness in the following > Attestation. 
 
 form : " The above is the mark of 
 
 Signature of witness. 
 Dated of 18 . 
 
 N.B. The applicant must fill up the answers to the queries on 
 the next page. The inspector is bound, if required, to write down 
 the answers for him. The schedule, when filled up, must be left 
 with the inspector, who is directed, within twenty-four hours, to 
 fill up the column for his remarks, and either return the schedule 
 to the applicant, or transmit it to the Board of Supervision, as the 
 applicant may desire. 
 
 Questions. 
 
 Answers of 
 Applicants. 
 
 Inspector's 
 Remarks. 
 
 1. Present residence ? 
 
 2. Age ? 
 
 3. Whether married or single f 
 
 4. Number of children or dependents (if any) 
 
 living in the family ? 
 
 5. Names and ages of such children or depend- 
 
 ents ? 
 
 6. Employments and earnings of such children 
 
 and dependents '.' 
 
 7. If parents alive, and in what circumstances ? 
 
 8. Names, employment, and earnings of chil- 
 
 dren not living in family ? 
 
 9. Present occupation of applicant ? 
 
 10. Occupation previous to first receiving relief ? 
 
 11. How long has parochial relief been received ? 
 
 12. Amount of present parochial relief in money, 
 
 clothing, or of any other kind ? 
 
 13. Whether wholly or partially disabled, and 
 
 from what cause ?
 
 APPENDIX. 
 
 217 
 
 Questions. 
 
 Answers of 
 Applicants. 
 
 Inspector's 
 Remarks. 
 
 14. Does applicant pay any, and what rent, for 
 house or room now occupied ? 
 15. Has the applicant any other means or re- 
 sources besides parochial relief, and to what 
 amount ? 
 16. What is the amount of relief now claimed 
 by the applicant ? 
 17. State any other circumstances which may 
 seem material ? 
 
 
 
 2. Relating to Duties of Inspectors of the Poor. (First Rep. 
 App. B, No. 3, p. 18-19.) 
 
 1. The inspector of the poor shall attend all meetings of the 
 parochial board, and make an accurate minute of the proceedings at 
 every meeting, and enter it in a book, and submit the same so 
 entered to the succeeding meeting, to be confirmed by the Board 
 and authenticated by the signature of the chairman, as a true record 
 of the proceedings of the Board. 
 
 2. The inspector shall attend, if required, meetings of committees 
 of the parochial board, and keep an accurate minute of the proceed- 
 ings of such committees, in the same manner as is above directed in 
 regard to meetings of the parochial board. 
 
 3. The inspector shall conduct the correspondence of the paro- 
 chial board, according to such instructions as he may receive. 
 
 4. The inspector shall keep all the accounts, and preserve and be 
 responsible for all books, writings, letters, vouchers, and other docu- 
 ments relating to the business of the parochial board, and produce 
 the same, when required, to the Board of Supervision, or to any 
 person duly authorised by that Board to receive and inspect the 
 same. 
 
 5. The inspector shall, either when required by the chairman of 
 the parochial board, or at his own instance, when the state of the 
 parish business seems to require it, call special meetings of the 
 parochial board. 
 
 6. All notices of general and special meetings shall be given by 
 the inspector, in terms of the regulations of the Board of Super- 
 vision. 
 
 7. The inspector shall make such investigations as to all questions 
 or matters connected with, or relating to, the administration of the
 
 - 1 * APPENDIX. 
 
 laws for the relief of the poor in the parish as the Board of Super- 
 vision may require, and prepare and transmit all returns and answers 
 relative thereto, in such manner and form as the said Board of 
 Supervision may direct. 
 
 8. The inspector shall, from time to time, prepare such reports as 
 to the state and management of the poor within the parish as may 
 be required by the parochial board. 
 
 9. The inspector shall inquire into, and make himself acquainted 
 with, the circumstances of the case of each individual poor person 
 receiving relief from the poor funds of the parish. 
 
 10. The inspector shall keep an accurate list or register of all 
 persons receiving relief, and of all the sums paid to each, and of the 
 period during which such relief has been given ; and he shall also 
 keep a list of all those who have applied for and been refused relief, 
 and in such cases he shall state shortly the grounds of refusal. 
 
 11. In every case in which application may be made to the 
 inspector for relief (whether the applicant has a settlement in the 
 parish or not), it shall be the duty of the inspector to make imme- 
 diate inquiry into the circumstances of the case, by visiting, either 
 personally or by an assistant inspector duly appointed by the paro- 
 chial board, the home of the applicant if situated within his parish, 
 and by making all necessary inquiries into the state of health, the 
 ability to work, and the means of support of the applicant, and to 
 report the result of such inquiries to the parochial board at next 
 meeting. 
 
 12. The inspector, in addition to the two annual visits required 
 by the statute, must, from time to time, visit at their dwellings, 
 either personally or by an assistant inspector duly appointed, all 
 paupers recently admitted to the roll, especially those with whose 
 habits and character he may not previously have been well 
 acquainted, and likewise all such paupers as he may have reason 
 to suspect of deception, or of misapplying the relief given by the 
 parish. 
 
 13. It is the duty of the inspector, and of each assistant inspector, 
 to insert, in a book kept for that purpose, the date of his visits to the 
 dwelling of each pauper, and any observation he may think it mate- 
 rial to make on the conduct and condition of the pauper. 
 
 14. The inspector should report to the parochial board, at its next 
 meeting, all cases of misapplication by the pauper of the relief given 
 by the parish, and should make it known to all the paupers that he 
 is required so to do. 
 
 15. The inspector shall return an answer to every application for
 
 APPENDIX. 219 
 
 relief, within twenty-four hours of its being made. If on such 
 inquiry as he shall be able to make within that time, he shall be 
 satisfied that the applicant is in a state of destitution, and a fit object 
 for parochial relief, he shall make such an alimentary allowance as 
 in the circumstances shall be reasonable, until the next meeting of 
 the parochial board, when he shall make a full report thereupon. 
 But if on such inquiry he shall be satisfied that the applicant is not 
 a fit object for relief, he shall refuse the application, and report the 
 refusal, with the grounds for refusing it, to the parochial board at 
 their next meeting ; or if he shall be unable within twenty-four 
 hours to satisfy himself as to the true circumstances of the case, he 
 may delay making a final answer for any period which may appear 
 to him necessary for completing his inquiries, but in that case he 
 shall give such temporal relief, either in food or money, as may seem 
 necessary, until his final answer is made to the applicant. 
 
 16. The inspector must also provide for and relieve lunatics, 
 fatuous persons, orphans, foundlings, and generally all destitute 
 persons within the parish, in cases of sudden or urgent necessity, 
 whether such persons have a settlement in the parish or not. 
 
 17. Whenever any poor person who shall have become chargeable 
 on the parish shall be insane or fatuous, the inspector shall forthwith 
 report the same to the parochial board ; and if that board shall not, 
 within fourteen days from the time he is declared or known to be 
 insane or fatuous, cause him to be conveyed to and lodged in a 
 lunatic asylum, or other establishment legally authorised to receive 
 lunatic patients, it will be the duty of the inspector to report the 
 same without delay to the Board of Supervision, and to state the 
 reasons why he has not been so removed, except in those cases in 
 which the parochial board shall have applied for the consent of the 
 Board of Supervision to dispense with his removal. 
 
 18. The inspector must report at least once in every half-year to 
 the Board of Supervision all cases of insane or fatuous persons who 
 are in receipt of relief from the parish, and state where and under 
 whose protection they are kept and lodged. 
 
 19. In all cases of sickness or accident befalling persons entitled 
 to parochial relief, and requiring immediate medical or surgical 
 assistance, the inspector must, upon his own responsibility, take 
 measures for procuring without delay such medical aid as can be 
 obtained in conformity with the provisions which may have been 
 made, and the instructions which he shall have received from the 
 parochial board. 
 
 20. In case of sickness or accident of any person in receipt of
 
 220 APPENDIX. 
 
 parochial relief, the inspector must, as soon as may be, and from time 
 to time afterwards, visit the home of such poor person, and supply 
 him with such articles as may seem necessary, until the case shall 
 have been reported at the next meeting of the parochial board. 
 
 21. If an inspector shall have relieved a poor person found desti- 
 tute, and belonging to another parish, it is the duty of such inspector, 
 immediately on discovering to what parish such poor person belongs, 
 to send a notice in writing, with a statement of the circumstances, 
 to the inspector of that parish. 
 
 22. In all cases where a poor person is removable from one parish 
 to another in Scotland, if the poor person himself is, or alleges that 
 he or any member of his family is, from sickness or infirmity, 
 incapable of being removed, the inspector shall not remove him 
 without having previously obtained a medical certificate, stating 
 that such poor person and his family may be removed to the parish 
 to which he belongs, without prejudice to his or their health. 
 
 23. When a poor person who has become chargeable on a parish 
 is to be removed to England, Ireland, or the Isle of Man, the 
 inspector shall in every case, before removal, obtain a certificate on 
 soul and conscience, by a regular medical practitioner, setting forth 
 that the health of such person, and that of his family (if he have 
 any), is such as to admit of his being removed. 
 
 24. The inspector shall keep full and regular accounts of all 
 monies received and disbursed by him on account of the relief of 
 the poor. 
 
 25. The inspector is bound to observe and execute all lawful 
 orders and directions of the parochial board applicable to his 
 office. 
 
 3. Notices of Meetings (First Rep. A pp. B, No. 4, p. 20.) 
 
 I. In all cases of meetings in which, by the provision of the act 
 8 & 9 Viet., c. 83, 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, such notice shall be given in the 
 form and manner following : 
 
 II. In all cases, and in whatever form the notice may be given, 
 it shall be given ten free days before the day of meeting. 
 
 III. In all cases, and in whatever form the notice may be given, 
 it shall specify the day, hour, and place of meeting, and the pur- 
 pose for which the meeting is called.
 
 APPENDIX. 221 
 
 IV. In all cases such notices shall be affixed to the door of the 
 parish church. 
 
 V. In parishes or combinations in which the number of persons 
 entitled to attend any meeting shall not exceed one hundred, notice 
 is also to be given to each person by a written or printed billet ; 
 and all such billets put into the post office ten free days before 
 the day of meeting shall be held to have been duly delivered. But 
 where the number of persons entitled to attend any meeting shall 
 exceed one hundred, notice is to be given by advertisement in one 
 or more of the newspapers which may be deemed to be most 
 extensively circulated in the parish or combination, instead of by 
 billet. 
 
 4. Voting on behalf of Member of Joint-stock or other Companies, 
 and of joint Owners or joint Occupants. (First Rep. App. B, 
 No. 5, p. 20.) 
 
 By the act 8 & 9 Viet., c. 83, sect. 25, it is enacted, that " 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 com- 
 plied 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." 
 
 The Board of Supervision directs that the name of such person 
 shall be entered in the books of the parish or combination, by writ- 
 ing after his name in the said books the word " for," followed by 
 the designation under which the business is transacted by the par- 
 ties by whose order his name is to be entered, if these parties be a 
 corporation, joint-stock or other company ; but if these be not a 
 corporation, joint-stock or other company, but joint owners or joint 
 occupants, then after the name ordered to be entered shall be written 
 the words " for himself," and followed by the names of the other 
 joint owners or joint occupants with him by whose order his name 
 has been entered.
 
 222 APPENDIX. 
 
 5. Election of Members of Parochial Boards in Parishes not burghal. 
 (First Rep. App. B, No. 7, p. 23-4.) 
 
 1. When the toumber of persons to be elected members of the 
 parochial board, and the day on which they are to be elected, shall 
 have been known to the inspector by the Board of Supervision, it 
 will be his duty forthwith to call a meeting of the present parochial 
 board, and communicate the same to them. 
 
 2. The parochial board shall then, without loss of time, proceed 
 to fix the hour and the place at which the electors are to meet for 
 the purpose of choosing the elected members. They should also 
 name the places, besides the door of the parish church, at which 
 the notices of such meeting shall be affixed, and direct that notice 
 shall also be given by advertisement in one or more newspapers if they 
 shall think fit, and should immediately communicate the same to 
 the inspector. 
 
 3. Having received this communication, it will be the duty of 
 the inspector to give notice of the meeting, in such form and manner 
 as the parochial board shall have directed. 
 
 4. The parochial board should also name a person, who shall dis- 
 charge the duties required of the inspector at the election, in case 
 the inspector should be absent or unable to act. 
 
 5. The collector, and the assistant inspector or assistant inspec- 
 tors, if any, may be employed to assist the inspector at the election, 
 if necessary. 
 
 6. The parochial board should also instruct the collector to fur- 
 nish the inspector, at least three days previous to the day fixed for 
 the election, with a certified roll of the persons assessed for the 
 relief of the poor who may be entitled to vote at such meeting, in 
 which the names shall be arranged alphabetically, and the number 
 of votes which each person is entitled to give, in terms of section 
 24 of the act 8 & 9 Viet. c. 83, shall be written opposite to his 
 name. 
 
 7. Any person is qualified to vote who is assessed for the relief 
 of the poor, and who shall have paid all sums assessed upon and 
 due by him at the time of the election, and who shall not have 
 been exempted from payment on the ground of his inability to pay, 
 provided he be not the owner of lands and heritages within the 
 parish of the yearly value of twenty pounds and upwards, or a 
 provost or bailie of any royal burgh in the parish, or a member of 
 the kirk session, and, as such, a member of the parochial board.
 
 APPENDIX. 223 
 
 8. When the electors have met, and constituted their meeting, 
 the first step should be to put in nomination fit and qualified persons 
 to be elected members. 
 
 9. Any person entitled to vote at the meeting may nominate any 
 qualified person as a candidate for the office of elected member ; 
 but no one ought to be nominated as a candidate whose willingness 
 to serve in the office has not been ascertained. 
 
 10. To constitute a sufficient nomination, it is necessary that the 
 candidate should be proposed by one elector and seconded by 
 another. 
 
 11. If the number of qualified persons nominated shall not exceed 
 the number of members to be elected, such persons shall be held to 
 be duly elected. 
 
 12. The person who proposes a candidate may withdraw that 
 candidate's nomination ; and if so many nominations shall be with- 
 drawn as to reduce the number of qualified candidates to the number 
 of members to be elected, such qualified candidates whose nomina- 
 tion shall not have been withdrawn shall be held to be duly elected. 
 
 13. If the number of qualified persons nominated, and not with- 
 drawn, shall exceed the number of members to be elected, the 
 inspector, or, in case of his absence or inability to act, the person 
 named by the parochial board in that event to act for him at the 
 election, shall proceed to take in writing and collect the votes of 
 the persons entitled to vote at such meeting. 
 
 14. All persons are qualified to be elected members who are 
 qualified, as above stated, to vote at such meeting. 
 
 15. When it may be necessary to take in writing and collect the 
 votes as above stated, if the number of persons present and entitled 
 to vote at such meeting shall not exceed one hundred, the inspector 
 shall then and there take in writing the votes of the persons present 
 and entitled to vote, and the candidates, according to the number 
 of members to be elected, who shall have a majority of the votes so 
 taken in writing by the inspector, shall be the elected members. 
 
 16. Each elector shall be held to have given the whole number 
 of votes to which he is entitled by the act 8 and 9 Viet. c. 83, for 
 each candidate for whom he votes. 
 
 17. The inspector shall not in any case receive the votes of any 
 one elector for a greater number of candidates than there are mem- 
 bers to be elected. 
 
 18. If the number of persons present, and entitled to vote at 
 such meeting, shall exceed one hundred, then, if it shall be neces- 
 sary to take in writing and collect the votes, the inspector, within
 
 224 A I'PENDIX. 
 
 six lawful days after such meeting, shall leave or cause to be left 
 at the house of each elector a voting paper. 
 
 19. The voting paper shall contain in the proper columns the 
 name, designation, and residence of each person nominated at the 
 meeting whose nomination shall not have been withdrawn. 
 
 20. The elector shall write his initials in the proper column, 
 against the name of each candidate for whom he votes, and shall 
 sign the paper with his name, or, if he cannot write, with his mark 
 at the place for his signature. 
 
 21. The mark of a voter who cannot write his name must be 
 attested by a witness, and in that case the initials of the voter must 
 be written opposite to the names of the candidates for whom he 
 votes by the witness who attests the mark. 
 
 22. The elector shall deliver or transmit to the inspector the 
 voting paper so signed and initialed, within two lawful days from 
 the time when it shall have been left at the elector's house. If not 
 delivered to the inspector within that time, the votes shall not be 
 counted. 
 
 23. No such votes so given by voting paper shall be valid if they 
 are given for a greater number of candidates than there are members 
 to be elected. 
 
 24. The inspector shall declare, within two lawful days after the 
 expiration of the time allowed for delivering or transmitting to him 
 the voting papers, those persons to be elected members of the paro- 
 chial board (according to the number fixed by the Board of Super- 
 vision) who shall have a majority of votes. 
 
 25. In the event of an equal number of votes being given in 
 favour of candidates, the person paying the largest amount of assess- 
 ment shall be preferred, and held to be elected. 
 
 26. The inspector shall forthwith intimate to the persons who 
 shall have been so chosen, that they have been elected members of 
 the parochial board of the parish. 
 
 27. The inspector shall also affix, at each place at which the 
 notice of meeting shall have been affixed, a return of the persons 
 who have been elected members of the parochial board, and shall 
 transmit a copy of the same to the Board of Supervision. 
 
 28. If the parochial board has named a committee to administer 
 the laws for the relief of the poor, the inspector shall call a meeting 
 of and communicate with such committee, who may perform the 
 functions herein assigned to the parochial board in respect of the 
 election of the members.
 
 APPENDIX. 225 
 
 6. Election of Managers in Burghal Parishes. (Sixth Rep. 
 App. A, No. 1, p. 1-2. 
 
 1. When the number and qualification of the persons to be 
 elected managers of the poor, and the day on which they are to be 
 elected, shall have been made known to the inspector by the Board 
 of Supervision, it will be his duty forthwith to communicate the same 
 to the parochial board. 
 
 2. The parochial board should then, without loss of time, pro- 
 ceed to fix the hour and the place at which the electors are to meet 
 for the purpose of choosing the managers ; they should also name 
 the places, besides the door of the parish church, at which the 
 notices of such meeting shall be affixed, and direct that notice shall 
 also be given by advertisement in one or more newspapers ; and if 
 the Board of Supervision has divided the parish into wards or divi- 
 sions for the purposes of the election, the parochial board should 
 also name the hour and the place of meeting for each ward, and 
 should immediately communicate the same to the inspector. 
 
 3. Having received this communication, it will be the duty of the 
 inspector to give notice of the meeting in such form or manner as 
 the parochial board shall have directed. 
 
 4. The parochial board should also name a person, who shall dis- 
 charge the duties required of the inspector at the election, in case 
 the inspector should be absent or unable to act ; and they should 
 also name persons to discharge these duties in each ward or divi- 
 sion, if the Board of Supervision has divided the parish into wards 
 or divisions for the purposes of the election. 
 
 5. The collector and the assistant inspector or assistant inspectors, 
 if any, may be employed to assist the inspector at the election, if 
 necessary. 
 
 6. The parochial board shall instruct the collector to furnish the 
 inspector, on the day preceding the day fixed for the election, with 
 a certified roll of the persons assessed for the relief of the poor who 
 are entitled to vote at such meeting, in which the names shall be 
 arranged alphabetically, or in such other manner as shall admit of easy 
 and immediate reference to each name, and in which the number of 
 votes that each person is entitled to give, in terms of sect. 24 of the 
 act 8 & 9 Viet., c. 83, shall be written opposite to his name. And 
 if the parish has been divided into wards for the purposes of the 
 election, then the collector shall furnish the inspector with a roll so 
 prepared, of the persons entitled to vote, and the number of votes 
 each person is entitled to give in each ward. 
 
 P
 
 226 APPENDIX. 
 
 7. Any person is qualified to vote who is assessed for relief of the 
 poor, and who shall have paid all sums assessed upon and due by 
 him at the time of the election, and who shall not have been 
 exempted from payment on the ground of his inability to pay. 
 
 8. When the electors have met, and constituted their meeting, 
 the first step should be to put in nomination fit and qualified per- 
 sons to be managers. 
 
 9. Any person entitled to vote at the meeting may nominate any 
 qualified person as a candidate for the office of manager. But no 
 one ought to be nominated as a candidate whose willingness to 
 serve in the office haa not been ascertained. 
 
 10. To constitute a sufficient nomination, it is necessary that the 
 candidate should be proposed by one elector, and seconded by 
 another. 
 
 11. If the number of qualified persons nominated shall not exceed 
 the number of managers to be elected, such persons shall be held to 
 be duly elected. 
 
 12. The person who proposes a candidate may withdraw that 
 candidate's nomination ; and if so many nominations shall be with- 
 drawn as to reduce the number of qualified candidates to the 
 number of managers to be elected, such qualified candidates whose 
 nominations shall not have been withdrawn, shall be hold to be 
 duly elected. 
 
 13. If the number of qualified persons nominated, and not with- 
 drawn, shall exceed the number of managers to be elected, the in- 
 spector, or, in case of his absence or inability to act, the person named 
 by the parochial board in that event to act for him at the election, 
 shall proceed to take in writing and collect the votes of the persons 
 who, according to the certified roll furnished by the collector, are 
 entitled to vote at that meeting; and if any person, who according 
 to such roll is not entitled to vote, shall claim a right to vote, in 
 respect of his having paid the rates due by him in the interval, 
 after the roll was delivered to the inspector; but previous to the 
 hour fixed for the meeting, the vote of such person, if otherwise 
 entitled to vote, shall be received, and his name entered on the 
 said roll as entitled to vote, on his then producing the collector's 
 receipt for such payment, but not otherwise, and in whatever 
 manner the votes may be taken in writing or collected in terms of 
 these rules, no vote of any person who was not entitled to vote at 
 such meeting shall be counted in the election for which such meeting 
 was held. 
 
 14. When it may be necessary to take in writing and collect the
 
 APPENDIX. 227 
 
 votes as above stated, if the number of persons present and entitled 
 to vote at such meeting shall not exceed one hundred, the inspector, 
 or the person named by the parochial board to act for him, shall 
 then and there take in writing the votes of the persons present and 
 entitled to vote, and the candidates according to the number of 
 managers to be elected, who shall have a majority of the votes so 
 taken in writing, shall be the managers. 
 
 15. Each elector shall be held to have given the whole number of 
 votes to which he is entitled by the act 8 & 9 Viet., c. 83, for each 
 candidate for whom he votes. 
 
 16. The inspector shall not in any case receive the votes of any 
 one elector for a greater number of candidates than there are mana- 
 gers to be elected. 
 
 17. If the number of persons present, and entitled to vote at 
 such meeting, shall exceed one hundred, then, if it shall be neces- 
 sary to take in writing and collect the votes, the inspector, within 
 six lawful days after such meeting, shall leave or cause to be left at 
 the known house or other premises of each elector occupying a house 
 or other premises within the parish, who was entitled to vote at 
 such meeting, a voting paper ; and shall transmit by post or other- 
 wise to the known residence of each elector not occupying a house 
 or premises within the parish, who was entitled to vote at such 
 meeting, a voting paper. 
 
 18. The voting paper shall contain in the proper columns the 
 name, designation, and residence of each person nominated at the 
 meeting, whose nomination shall not have been withdrawn. 
 
 19. The elector shall write his initials in the proper column, 
 against the name of each candidate for whom he votes, and shall 
 sign the paper with his name, or, if he cannot write, with his mark 
 at the place for his signature. 
 
 20. The mark of a voter who cannot write his name, must be 
 attested by a witness, and in that case the initials of the voter must 
 be written opposite to the names of the candidates for whom he 
 votes, by the witness who attests the mark. 
 
 21. The inspector, on the third lawful day after that on which 
 the voting paper has been left at the house or premises of each 
 elector occupying a house or premises within the parish, and entitled 
 to vote at the meeting, shall send a person or persons specially 
 named for that duty to the said houses or premises of all such elec- 
 tors to collect the voting papers in a locked bag, with an opening or 
 slip into which the voting papers are to be dropped, and every such 
 elector shall place, or caused to be placed, the voting paper left at
 
 228 APPENDIX. 
 
 hb house or premises, whether signed, initialed, or not, in the bag 
 carried by the person who is sent to receive it. Electors not 
 occupying premises within the parish may transmit their voting 
 papers, duly filled up, to the inspector, by post or otherwise, on or 
 before the third lawful day after the same shall have been posted or 
 otherwise delivered. 
 
 22. No such votes so given by voting paper shall be valid, if they 
 are given for a greater number of candidates than there are mana- 
 gers to be elected, or if the voter shall have given 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. 
 
 23. The inspector shall declare within three lawful days after the 
 day named for collecting the voting papers, those persons to be 
 elected managers of the poor (according to the number fixed by the 
 Board of Supervision), who shall have a majority of votes. 
 
 24. In the event of an equal number of votes being given in 
 favour of candidates, the person paying the largest amount of assess- 
 ment shall be preferred and held to be elected. 
 
 25. The inspector shall forthwith intimate to the persons who 
 shall have been so chosen, that they have been elected managers of 
 the poor for the parish. 
 
 26. The inspector shall also affix at each place at which the 
 notice of meeting shall have been affixed, a return of the persons 
 who have been elected managers of the poor, and shall transmit a 
 copy of the same to the Board of Supervision. 
 
 27. If the Board of Supervision has divided the parish into 
 wards or divisions for the purposes of the election, then the pro- 
 ceedings for that purpose in each ward at the meeting, and sub- 
 sequent to the meeting, shall be the same as if the ward were a 
 separate parish. 
 
 7. Pastes to Paupers. (First Rep. App. B, No. 9, p. 26.) 
 
 " Resolved that the practice of granting passes to paupers pro- 
 ceeding from one part of the country to another, authorising them 
 to seek relief in the parishes through which they may pass, is not 
 contemplated by the Poor-Law Amendment Act (8 & 9 Viet. c. 83), 
 which provides otherwise for the relief and removal of j>oor persons 
 who may become destitute at a distance from the parish of their 
 settlement.
 
 APPENDIX. 229 
 
 " That the practice of granting such passes is productive of great 
 inconvenience and evil ; and that the Board of Supervision has 
 therefore prohibited all inspectors from granting them. 
 
 " That it is very desirable that these passes should no longer be 
 granted by magistrates, justices of the peace, or other persons who 
 may hitherto have been in the practice of granting them ; and that 
 the Board of Supervision requests the co-operation of all magistrates, 
 justices of the peace, and others, to put an end to the practice. 
 
 " That a copy of this resolution be transmitted to all town-clerks, 
 justice of peace clerks, sheriff- clerks, and others, to be communicated 
 to all parties whose co-operation to effect this object is desirable." 
 
 8. Business of Board of /Supervision. (First Rep. App. B, No. 13, 
 
 P- 21.) 
 
 1. That at all meetings of the Board, in the absence of the chair- 
 man nominated by her Majesty, the chair shall be taken by the 
 senior member present ; and he shall be held to be the senior mem- 
 ber, who has for the longest time from the date of that meeting, 
 and without intermission, been a member of the Board. 
 
 2. That the seniority of the present members shall be according 
 to the order in which they are named in the Act of Parliament by 
 which the Board of Supervision is constituted, the first name being 
 senior, and first the ex-officio members in the order in which they 
 are named, and then the members appointed by commission, accord- 
 ing to the dates of their commissions. 
 
 3. That if two or more members shall hereafter be appointed by 
 one commission, their seniority shall be according to the order in 
 which they are named in the commission, the first named being the 
 senior. 
 
 4. That the chairman shall have both an original and a casting 
 vote in case of equality. 
 
 9. Annual Returns by Inspectors. (Second Rep. App. A, No. 3, 
 
 p. 2-3.) 
 
 The Board of Supervision has ordered and directed : 
 
 I. That the parochial accounts of all sums received and expended 
 for the relief and management of the poor shall be kept in such a 
 manner as to enable the inspector, when required, to make returns
 
 230 AI'PKKDIX. 
 
 during the year, and to make an annual return to the Board of 
 Supervision of the receipts and expenditure from the 15th of May 
 in one year to the 14th May in the following year, the accounts 
 being balanced at Whitsunday in each year. 
 
 II. That the annual returns be transmitted by inspectors to the 
 Board of Supervision, on or before the I ft day of June in each 
 year. 
 
 III. That the receipts be distinguished into : 
 
 1. Money received from assessments, if the parish be assessed. 
 
 2. Money received from voluntary contributions and church 
 collections, if the parish be unassessed. 
 
 3. From mortifications and other sources. 
 
 IV. That the expenditure be divided under the following heads: 
 
 1. Sum expended on relief .of poor on the old roll, and of those 
 whose names have since been entered on the register of 
 paupers. 
 
 Note. The register of paupers must contain the names 
 of all those persons to whom relief, whether permanent 
 or temporary, has been granted by authority of the 
 parochial board, subsequent to the date at which the 
 register was commenced. 
 
 2. Sum expended on the relief of casual or other poor, whose 
 names are not entered on the register of paupers. 
 
 Note. Under this head will be placed, 1st, Sums expended 
 in relieving paupers belonging to other parishes, and 
 which have not been recovered from those parishes ; 
 2d, Sums expended on applicants who may have been 
 relieved by the inspector before their cases are brought 
 under the consideration of the parochial board, and 
 whose names are therefore not entered in the register. 
 
 3. Sum expended on the medical relief of the poor generally. 
 
 Note. Medical relief includes salary of medical officer, 
 medicines, cordials, special diet, clothing, trusses, 
 bandages, &c., supplied to the sick poor. 
 
 4. Sum expended on management. 
 
 Note. Management includes the salaries of inspectors, 
 collectors, clerks, expenses of poorhouse establishment, 
 if any, stationery, postages, &c. 
 
 5. Sum expended on litigation. 
 
 N.B. Sums expended on coals, rents, clothing, education, 
 funerals, &c., should be entered separately, as expended on the 
 registered or casual poor, according to the class to which the 
 recipients belong.
 
 APPENDIX. 231 
 
 The Board of Supervision has also ordered and directed, that the 
 inspector of every parish or district shall, on or before the 1st June 
 in each year, make a return, stating : 
 
 1. Number of poor on the old roll, or entered in the register of 
 paupers who have received relief in the course of the year 
 preceding the loth of May. 
 
 2. Number of registered poor who have died, or who have ceased 
 to receive relief during the same period. 
 
 3. Number of casual or other poor relieved during the same 
 period. 
 
 4. Number of poor resident within five miles of the parish, who 
 have not been visited twice by the inspector during the same 
 period ; and the reasons why they have not been visited. 
 
 5. Number of applicants who have during the said year been 
 refused relief by him or the parochial board, and the number 
 of those who, after such refusal, have been subsequently relieved 
 by order of the sheriff. 
 
 6. Number of persons belonging to other parishes, or to England 
 or Ireland, who have been removed voluntarily, and of those 
 who have been removed by warrant of the sheriff or justices, 
 in the course of the year ending 14th May. 
 
 7. Number of lunatics. 
 
 8. Number of orphans and deserted children. 
 
 Note. The term Orphans applies to those children only who 
 have neither father nor mother : Deserted children, to 
 foundlings and children deserted by both parents. 
 
 10. Inspectors selling goods to Paupers. (Second Rep. App. A, 
 No. 5, p. 4.) 
 
 Whereas the Board of Supervision has received information, that 
 in certain localities inspectors of the poor have been in the practice 
 of furnishing, from their own shops, to the parochial poor, provi- 
 sions and other articles, and deducting the price thereof from the 
 allowances made to paupers, inspectors and assistant inspectors of 
 the poor are hereby strictly prohibited from selling any articles 
 whatsoever to poor persons in the receipt of parochial relief, and 
 from deriving any profit or emolument, either directly or indirectly, 
 from provisions or other articles supplied or sold to such poor 
 persons.
 
 232 
 
 11. Duties of Inspectors Additional Rules. (Third Hop. App. A, 
 No. 2, p. 2-3.) 
 
 " Whereas representations have been made to the Board of 
 Supervision complaining of neglect on the part of the inspectors of 
 the poor in not replying to letters and communications sent to 
 them by inspectors or parochial boards of other parishes, more 
 especially letters relating to disputed settlements and claims of 
 paupers who have been relieved in parishes to which they do not 
 belong : And whereas, in consequence of such neglect, not only have 
 the legal liabilities of parishes been evaded, and great embarrassment 
 and delay been occasioned in fixing and ascertaining the proper 
 settlements of paupers, but much needless expense has also thereby 
 been incurred," the Board of Supervision therefore directs, 
 I. That every inspector of the poor to whom any letter or com- 
 munication shall have been addressed by the inspector of. 
 another parish on any matter involving a claim against the 
 parish to the inspector of which the letter may be addressed, 
 or making any inquiry in regard to relief given or refused to a 
 pauper, shall be bound to acknowledge and reply to such letter 
 or communication within seven days after the receipt thereof, 
 unless prevented from so doing by some sufficient reason, the 
 sufficiency of which shall be determined by the Board of 
 Supervision, if applied to for that purpose. 
 
 II. An inspector of the poor sending any such letter or communi- 
 cation shall be bound to transmit it by post, and to prepay the 
 postage. He must also preserve evidence of the day on which 
 it is transmitted ; and the post-mark of the post-office through 
 which the inspector, to whom any such letter or communication 
 may be addressed, usually receives his letters, shall be held to 
 be sufficient evidence of the time of receipt. 
 
 III. Every inspector of the poor who shall receive any such letter 
 or communication shall be bound to preserve the same, and to 
 produce it with its cover or envelope (if any) when called 
 upon by the Board of Supervision. 
 
 Inspectors speaking Gaelic in Highland parishes. Excerpt Minute Board 
 of Supervision, 13th April 1848. 
 
 " The Board was of opinion that, in a parish in which it was found 
 necessary to provide religious instruction to the people in the Gaelic 
 language, it was necessary that the inspector should be capable
 
 APPENDIX. 233 
 
 of communicating with paupers and applicants for relief in that 
 language." 
 
 Dismissal of Inspectors of Poor. Excerpt Minute Board of Supervision, 
 1st June 1848, dismissing the Inspector of Poor of Benholm. 
 
 " The Board having considered the precognitions taken by 'the 
 procurator-fiscal of the county of Kincardine, relative to the death 
 of Thomas Lennox, which, by direction of the Lord Advocate, 
 have been forwarded to the Board of Supervision by the Crown 
 agent, and the correspondence which has passed between the 
 inspector and chairman of the parochial board of Benholm and the 
 inspector of St Cyrus and Montrose, and the secretary of the Board, 
 finds that the said Thomas Lennox was improperly removed from 
 the parish of Benholm, after an application on his behalf had been 
 made to the inspector of that parish, and that the inspector of 
 Benholm has in this case acted in direct opposition to the rules 
 issued by the Board, and that the inspector of St Cyrus has also 
 contravened the rules of the Board by having been instrumental in 
 removing the said Thomas Lennox to Montrose ; and the Board 
 does by this minute dismiss John Beedie from his office of inspector 
 of Benholm, and calls upon the parochial board of that parish to 
 proceed forthwith to appoint another inspector of the poor in the 
 room of the said John Beedie ; and the Board, desiring to mark its 
 disapprobation of the conduct of Mr James S. Murray, does farther, 
 by this minute, suspend him from his office of inspector of St Cyrus 
 for the period of ten days ; and the secretary is directed to intimate 
 the suspension of the said James S. Murray to the parochial board 
 of St Cyrus." 
 
 12. Medical Relief. (Third Rep. App. A, No. 12, p. 18-19. 
 
 I. All poor persons who stand in need of medical relief shall be 
 duly and punctually attended by a competent medical practitioner, 
 and supplied with medicines and medical and surgical appliances of 
 such quality and to such extent as may be necessary for the proper 
 medical or surgical treatment of such poor persons. 
 
 II. A medical practitioner is not duly qualified unless he has a 
 degree or diploma of physician or surgeon from a university or other 
 body in Great Britain or Ireland legally entitled to confer or grant 
 such degree or diploma. A medical practitioner not thus qualified, 
 who has not held the office of parochial medical officer for at least
 
 234 APPENDIX. 
 
 one year prior to the 2J of August 1848, will not be held to be 
 competent. 
 
 III. In addition to medical relief, parochial boards shall furnish 
 the sick and convalescent poor with nutritious diet, cordials, clothing, 
 suitable lodging, 'and sickbed attendance, to such an extent as may 
 be necessary, according to the circumstances of each case. 
 
 IV. A medical practitioner appointed by the parochial board to 
 attend any poor person, shall intimate in writing to the inspector 
 the description and extent of the relief, under Rule III., which he 
 may consider necessary for the proper treatment of such poor per- 
 son; and on receipt of such intimation, the inspector, on his 
 own responsibility, shall forthwith furnish or refuse the relief so 
 intimated to be necessary, until he shall have brought the case 
 before the parochial board, and received their instructions regarding 
 it. But if the inspector refuses or fails to furnish that relief, or 
 any part of it, he will be held accountable for such refusal or 
 failure. 
 
 V. Medical attendance and medical or surgical appliances which 
 are furnished by the medical officer, or procured from a laboratory 
 on his prescription, are chargeable under the head of medical relief; 
 but nutritious diet, cordials, clothing, suitable lodging, sickbed 
 attendance, and such appliances and means as are not furnished by 
 the medical attendant, nor procured from a laboratory on his pre- 
 scription, are not chargeable under the head of medical relief; and 
 inspectors of the poor are required to prepare the annual returns 
 transmitted to the Board of Supervision in conformity with this 
 rule. 
 
 VI. A medical practitioner who has undertaken to attend the 
 whole or any part of the poor in a parish or district of a parish, 
 shall attend personally, and at their homes, if necessary, the poor 
 persons entrusted to his care, and is responsible that such visits and 
 attendance are duly and punctually made and given. If he employs 
 an assistant to aid him in the performance of his duties, no subdivi- 
 sion of the duty of personal attendance or diminution of personal 
 responsibility will on that account be recognised. 
 
 VII. A medical officer appointed by the parochial board to attend 
 the poor of a parish, or of a part of a parish, is bound to afford every 
 reasonable facility for sending or conveying the medicines and appli- 
 ances furnished from his own laboratory to paupers who are unable 
 to go or to send for them ; but when it is necessary to send a 
 messenger expressly for that purpose, he may call upon the inspector, 
 in writing, to provide such messenger ; and tho inspector, when so
 
 APPENDIX. 235 
 
 called upon, will be held responsible that the medicines and appli- 
 ances are duly and punctually delivered. 
 
 VIII. A medical officer appointed to attend the poor, within 
 twenty-one days after his appointment, or as soon thereafter as he 
 shall be required by the parochial board so to do, shall, if practicable, 
 name to the parochial board a duly qualified medical practitioner, 
 for whose diligence he will be held responsible, and whose nomina- 
 tion is not objected to by the parochial board, who will perform the 
 duties of the medical officer in case of his absence from home, or 
 other unavoidable hindrance to his personal attendance. 
 
 Additional Rules applicable to parishes which participate in the 
 Parliamentary Grant. 
 
 IX. Every parochial board which has accepted or may accept 
 the share of the parliamentary grant apportioned to the parish, shall 
 name one or more medical officers with a fixed salary or salaries to 
 attend the poor. 
 
 X. In every parish that participates in the parliamentary grant, 
 lists of all aged and infirm persons permanently disabled, who are 
 actually in the receipt of parochial relief, and residing within the 
 parish or district of each medical officer, shall be prepared every six 
 months, and a copy furnished to the medical officer, who is bound 
 to attend all such poor persons on their producing to him a ticket 
 furnished to them by the parochial board. 
 
 XI. Every medical officer appointed by the parochial board to 
 any such parish, or to a district of any such parish, shall duly and 
 punctually attend upon and prescribe for all poor persons requiring 
 medical or surgical assistance within the parish or district to which 
 he is appointed, whenever he shall be thereunto required by a 
 written or printed order from the parochial board or the inspector 
 of the poor ; or, in cases of sudden and urgent necessity, from a 
 member of the parochial board ; or by the production, on the part 
 of any poor person, of the ticket referred to in Rule X. 
 
 XII. Such medical officer shall make returns of the sick poor to 
 the parochial board according to the annexed form A, either weekly 
 or monthly, as that Board shall direct ; he shall make a return 
 annually, on or before the first of June, to the Board of Supervision, 
 according to the form B, and such other returns of the sick poor as 
 this Board may from time to time require ; he shall give to the 
 parochial board and to the inspector of the poor, when required, 
 any reasonable information respecting the case of any poor person 
 under his care ; make any such written report relative to any sick-
 
 236 APPENDIX. 
 
 ness prevalent among the poor as the parochial board or the Board 
 of Supervision may require of him ; attend the parochial board when 
 summoned by them ; give a certificate under his hand in every case 
 to the parochial board or the inspector, or the poor person on whom 
 he is attending, 'of the sickness of such poor person, or other cause 
 of his attendance, when required to do so by the parochial board or 
 the inspector ; and he shall at all times be furnished with vaccine 
 virus, and vaccinate without demanding a fee or other remuneration 
 than his salary from the parish, at stated times and places to be 
 named by the parochial board, and approved by the Board of Super- 
 vision, all persons who may come or may be brought to him for that 
 purpose. 
 
 XIII. The offices of inspector and medical officer shall not be 
 held by the same person. 
 
 XIV. The medical officer of a parish, or a district of a parish, 
 shall not vote at the meeting of any parochial board whose officer 
 he is. 
 
 13. Poorhouses. (Fifth Rep. A pp. A, No. 2, p. 2-14). 
 
 I. The management of the poorhouse shall be under the imme- 
 diate control of a house governor and a matron, subject to the orders 
 of a committee of the parochial board or boards of the parish or 
 parishes to which the poorhouse belongs ; and such committee, in 
 transacting the business committed to them, shall exercise all the 
 powers necessary for that purpose which belong to the parochial 
 board or boards. 
 
 II. One of the members of the house committee so appointed, 
 shall be named chairman, who shall be convener of the committee ; 
 and another member shall be named vice-chairman, who shall per- 
 form the duties of the chairman, in case of his absence or inability. 
 
 HI. If the parochial board or boards, in their minute appointing 
 the house committee, shall not name the chairman and vice-chair- 
 man, then the committee shall proceed to elect their chairman and 
 vice-chairman, at their first meeting, to be held within fourteen 
 days after the appointment of the house committee, either in the 
 poorhouse or in its vicinity such meeting to be called by the 
 house governor of the poorhouse ; or, if there be no house governor, 
 by the inspector of the parish in which the poorhouse is situated. 
 
 IV. The house committee shall hold ordinary meetings, at the 
 least once in every three months, at stated times to be fixed by the
 
 APPENDIX. 237 
 
 parochial board or boards, in the minute naming the committee ; or, 
 if not so fixed, then at such stated times as shall be fixed by the 
 committee. 
 
 V. The house committee shall hold special meetings at such times 
 as the chairman, or, in case of his absence or inability, the vice- 
 chairman, shall call such meetings. 
 
 VI. The proceedings of all meetings of the house committee shall 
 be recorded in a minute book to be kept for that purpose, in which 
 the minute of each meeting shall be signed by the chairman of that 
 meeting, and the same shall be reported to the parochial board or 
 boards from time to time, or at such times as the parochial board or 
 boards shall direct by the minute appointing the committee. 
 
 VII. The house committee shall uphold and maintain the poor- 
 house and premises in good and substantial repair, and shall from 
 time to time remedy without delay any such defect in the repair 
 of the house, its drainage, warmth, or ventilation, or in the furni- 
 ture or fixtures thereof, as may tend to injure the health of the 
 inmates ; and with a view to so upholding and maintaining the 
 poorhouse, shall insure, and keep insured, the same against danger 
 by fire, for such sum, being reasonably sufficient to cover any pro- 
 bable loss, and in such manner as the committee may determine, 
 But alterations of the poorhouse or premises requiring additional 
 building, or the removal of any building or wall, shall not be under- 
 taken by the house committee, except with the concurrence of the 
 parochial board and the Board of Supervision. 
 
 VIII. The house committee shall, once at least in every year, and 
 as often as may be necessary for cleanliness, cause all the rooms, 
 wards, offices, and privies belonging to the poorhouse, to be lime- 
 washed, and the cesspools to be emptied. 
 
 IX. The house committee shall purchase and procure from time 
 to time, provisions, clothing, linen, bedclothes, and every article 
 required for the use of the poorhouse, and shall not employ any 
 member of the parochial board or boards by which the committee 
 was appointed, to furnish such articles, or to execute any work con- 
 nected with the poorhouse, unless the offers for the contracts for 
 such supplies or work shall have been, by sealed tenders, so trans- 
 mitted, that it shall not be known to the committee at the time 
 when a tender is accepted, by whom it was made. 
 
 X. The house committee shall cause all accounts of supplies fur- 
 nished, work executed, or other expenses incurred on account of the 
 poorhouse, to be made out as against the house committee, and no 
 such account shall be paid or transmitted to any other committee or
 
 officer of the parochial board, with a view to its payment, until it 
 has been examined by the house committee, and docqueted by their 
 order. 
 
 XI. The house committee shall determine what poor children 
 admitted to the ]MK>rhouse shall be boarded out, and shall see that 
 such as are so boarded are placed with proper persons, that their edu- 
 cation is properly attended to, and that they are trained to habits 
 of industry. The house committee shall also see that proper mas- 
 ters or employers are provided for all pauper children under the 
 charge of the committee, who are apprenticed or sent to service, and 
 that the chaplain and the house governor, or other person charged 
 with that duty, continue to exercise a regular superintendence in 
 respect to them, so long as they are chargeable to the parish. 
 
 XII. The house committee shall cause to be laid before them, at 
 every ordinary meeting, the register of the inmates, with an abstract 
 shewing the number who had been admitted, dismissed, have died 
 or absconded, or have been removed, since the date of the preceding 
 abstract ; also, the record of cases of misconduct and punishment ; 
 also, the report book of the medical officer, the visitors' report book, 
 and the house governor's journal ; also, a statement of the provisions, 
 clothing, and other necessaries received, expended, and remaining 
 in the poorhouse ; also, all accounts of expenses chargeable to the 
 house committee, and such other books, accounts, and documents, 
 as by these rules are required to be laid before them. 
 
 XIII. The house committee shall, once at least in every year, 
 name two or more of their number a sub-committee, to be present 
 when the house governor takes stock of provisions, clothing, linen, 
 bedclothes, furniture, and other articles belonging to the poorhouse, 
 and the members so present shall countersign the account of stock 
 so taken, which shall be laid before the house committee at their 
 next ordinary meeting. 
 
 VISITATION OF POORHOCSE. 
 
 XIV. The poorhouse shall be visited once at least in every week, 
 by a committee of two or more members of the parochial board. 
 The visiting committee shall carefully examine the poorhouse shall 
 satisfy themselves as to the quantity and quality of the provisions 
 issued to the inmates shall ascertain whether the house is kept 
 clean, well ventilated, and sufficiently warm, and whether the 
 inmates are properly attended to and accommodated and shall 
 write such answers as the facts may warrant to the following queries, 
 which arc to be printed on each page of a book, to be provided by
 
 APPENDIX. 239 
 
 the house committee, and kept for that purpose in the poorhouse, 
 and which is to be submitted by the house governor to the house 
 committee at every ordinary meeting : 
 
 1. Is the house, with its supplementary buildings, wards, yards, 
 
 and appurtenances, clean and well ventilated ? 
 
 2. Do the inmates appear clean and decent in their persons and 
 
 clothing, and orderly in their behaviour ? 
 
 3. Are the inmates usefully employed according to their capa- 
 
 city, and can you suggest any improvement in their 
 employment ? 
 
 4. Are the infirm in body or mind properly attended to, accord- 
 
 ing to their several conditions ? 
 
 5. Are the children, or others at school, making due progress ; 
 
 and does the chaplain attend regularly to their religious 
 instruction ? 
 
 6. Is the medical oificer regular in his attendance ? 
 
 7. Do the patients in the sick ward appear to be in as satisfac- 
 
 tory a state as their ailments admit of ? 
 
 8. Is there any infectious disease in any of the wards, or are 
 
 any of the children not vaccinated ? 
 
 9. Is the established dietary duly observed, and are the hours 
 
 of meals regularly adhered to ? 
 
 10. Is the separation of the sexes and various classes of inmates 
 
 strictly enforced ? 
 
 11. Is any complaint made by any of the inmates against any 
 
 official, or in respect of the provisions or accommodations ? 
 
 XV. The visiting committee shall forthwith report in writing to 
 the chairman, or acting chairman, of the house committee, any 
 observations connected with the poorhouse which may appear to 
 them to require the immediate attention of that committee. 
 
 XVI. The members, and the secretary of the Board of Super- 
 vision, and all officers and persons duly authorised by that board, 
 and all the members of the parochial board of a parish having a 
 pecuniary interest in the poorhouse, and all persons duly authorised 
 by any such parochial board or by 'the house committee, or by the 
 chairman acting on behalf of that committee, shall be entitled to 
 visit and inspect the poorhouse, and to enter any remarks thereon 
 in the book containing the questions to be answered by the visiting 
 committee ; and no officer of the poorhouse shall in any way, directly 
 or indirectly, impede such visit or inspection, or the entry of such 
 remarks ; and no other person, unless legally authorised, shall be 
 allowed to enter the poorhouse, so as to be enabled to communicate
 
 240 APPENDIX. 
 
 with the inmates, without permission from the house governor or 
 matron. 
 
 XVII. In the poorhouse there shall be a house governor, a 
 matron, and a porter, who shall be paid officers, and shall reside 
 within the premises, and the duties of such resident officers and 
 their assistants respectively, shall be as hereinafter specified. 
 
 HOUSE GOVEKNOR. 
 
 XVIII. The following shall be the duties of the house governor : 
 (1.) To admit poor persons to be inmates of the poorhouse, in 
 
 accordance with the rules of the poorhouse and the orders of the 
 house committee, and not otherwise. 
 
 (2.) To keep the register of inmates, and to enter therein the 
 name, religious persuasion, date of admission, and all other particu- 
 lars required to be entered in the register as to every poor person 
 admitted as an inmate. 
 
 (3.) To lay before the house committee, at every ordinary meet- 
 ing, an abstract, shewing the number of inmates in the poorhouse at 
 the date of the last abstract, the number admitted, and the number 
 who have died, absconded, been removed, or dismissed since that 
 date ; also the number of inmates of each class, and the total num- 
 ber remaining in the poorhouse. 
 
 (4.) To receive all provisions and other articles purchased or 
 procured for the poorhouse, and before placing them in store or 
 issuing them, to compare the bill of delivery with the order given ; 
 to ascertain whether the quantities charged have been delivered, 
 and whether they are in terms of the contract ; and if so, to 
 authenticate the bills of delivery by his signature ; or if not, to 
 report the same forthwith to the chairman, or in case of his absence 
 or inability, to the acting chairman of the house committee. 
 
 (5.) To receive all provisions, bed and body clothing, and other 
 articles belonging to the poorhouse, or confided to his care by the 
 house committee ; to deliver or issue them to the matron or other 
 persons, as may be required or directed by the rules of the poor- 
 house and the orders of the house committee ; and to see that such 
 articles are applied to such purpose as is authorised or approved by 
 the house committee, and to no other. 
 
 (C.) To keep an accurate account, in a book provided by the 
 house committee for that purpose, of the receipt and expenditure of 
 all articles received for the use of the poorhouse, shewing the man- 
 ner in which each has been disposed of. 
 
 (7.) To lay before the house committee, at every ordinary meet-
 
 APPENDIX. 241 
 
 ing, an abstract of the provisions, clothing, and other necessaries 
 received, expended, and remaining in the poorhouse, together with 
 an estimate of the quantity of such provisions or other articles 
 required for the poorhouse, and to execute such directions as he 
 may receive from the house committee thereupon. 
 
 (8.) To take stock of provisions, clothing, linen, bedclothes, fur- 
 niture, and other articles belonging to the poorhouse, in the presence 
 of two or more members of the house committee, to be named a sub- 
 committee for that purpose, at least once in every year, at such time 
 or times as the house committee shall determine. 
 
 (9.) To keep a book, to be called " the House Governor's Journal," 
 to enter therein every important occurrence in the poorhouse not 
 entered in any other book ordered to be kept, and to lay such 
 journal before the house committee at every meeting. 
 
 (10.) To keep the " Daily Diet Book," and daily enter up therein 
 the number of inmates in each dietary class ; the quantities of each 
 article of diet which, according to the existing dietary, shall be 
 required for each of such classes ; and the total quantity of each 
 article of ordinary diet to be taken from store for consumption by 
 the inmates ; also, in like manner, to keep the " Sick Diet Book," 
 and enter up daily therein the extra diet and cordials prescribed 
 and to be issued for each sick inmate, and the total quantity of each 
 article of such diet. 
 
 (11.) To keep all books of accounts which the house committee 
 direct and require him to keep ; to allow the same to be constantly 
 open to the inspection of any member of a parochial board having a 
 pecuniary interest in the poorhouse, and to submit the same to the 
 house committee at their meetings. 
 
 (12.) To enforce industry, order, punctuality, and cleanliness, 
 and the strict observance of the several rules and regulations by 
 the inmates of the poorhouse, and by the assistants and servants 
 employed therein. 
 
 (13.) To enter in his journal, and, if necessary, to report forth- 
 with to the chairman or acting chairman of the house committee, 
 any transgression of the rules and regulations by any officer or per- 
 son other than a hired servant or inmate of the poorhouse. 
 
 (14.) To appoint, subject to the approval of the house committee, 
 all the male hired servants employed in the poorhouse, and to select 
 from amongst the inmates all the male nurses and helpers, and to 
 suspend or dismiss any or all of such hired servants, and to remove 
 any or all of such nurses or helpers, from these employments, 
 Avhenever it is just and proper so to do ; entering every such sus- 
 
 Q
 
 242 APPENDIX. 
 
 pension, dismission, or removal, with the reasons for the same, in 
 the house governor's journal, and reporting forthwith the fact of 
 such suspension or dismission of a hired servant to the chairman or 
 acting chairman of the house committee* 
 
 (15.) To state in his journal, and point out to the visiting com- 
 mittee, anything in the condition or arrangements of the poor- 
 house, tending, in his opinion, to injure the health of the inmates ; 
 and to direct the attention of the medical officer to the same. 
 
 (16.) To take care that the wards, rooms, kitchen, larder, and all 
 other parts of the poorhouse and premises, and all the utensils and 
 furniture thereof, be kept clean and in good order ; and, as often 
 as any defect in the same, or in the state of the poorhouse, shall 
 occur, to report the same in his journal to the house committee at 
 their first meeting ; and, if the case be urgent, to report forthwith 
 to the chairman or acting chairman of that committee. 
 
 (17.) To obtain the order, in writing, of the house committee? 
 duly entered in the order book to be provided for that purpose } 
 and signed by the chairman or acting chairman, before purchasing 
 or procuring any article for the use of the poorhouse, or ordering 
 any repairs of any part of the poorhouse or premises or of the fur- 
 niture or other articles thereto belonging. 
 
 (18.) To read prayers to the inmates, or cause prayers to be 
 read, before breakfast and after supper every day, in the absence of 
 the chaplain. 
 
 (19.) To cause the inmates to be inspected, and their names 
 called over, immediately after morning prayers every day, in order 
 that it may be seen that each individual is clean and in a proper 
 state. 
 
 (20.) To provide for and enforce the employment of all the 
 inmates to the extent of their ability. 
 
 (21.) To visit the sleeping wards of the male inmates before 
 noon every day, and to see that such wards have been duly cleaned 
 and properly ventilated. 
 
 (22.) To see that the proper quantity of each article of diet is daily 
 given out to the matron in accordance with the daily diet books. 
 
 (23.) To say, or cause to be said, grace before and after meals. 
 
 (24.) To see that the dining halls, tables, and seats, are cleansed 
 after each meal. 
 
 (25.) To visit all the wards of the male inmates at or before nine 
 o'clock every night, and see that all the male inmates are in bed, 
 and that all fires and lights are extinguished. 
 
 (26.) To receive from the porter the keys of the entrance to the
 
 APPENDIX. 243 
 
 poorhouse every night at nine o'clock, and to deliver them to him 
 again every morning at six o'clock, or at such other hours as shall 
 from time to time be fixed by the house committee. 
 
 (27.) To see that the male inmates are properly clothed and 
 supplied with bed-clothes and bedding, and that their clothing, 
 bed-clothes, and bedding, are kept in a proper state. 
 
 (28.) To send for the medical officer of the poorhouse in case 
 any inmate is taken ill or becomes insane, and to take care that all 
 sick and insane inmates are duly visited by the medical officer, and 
 are provided with such medicines, attendance, diet, and other 
 necessaries as the medical officer shall in writing direct, and to 
 apprise the nearest relation, if any in the poorhouse, of the sickness 
 of any inmate, and in the case of dangerous sickness, to send for 
 the chaplain or other licensed minister of the persuasion .of the 
 inmate, as well as for any relative or friend of such inmate, resi- 
 dent within a reasonable distance, whom he may desire to see. 
 
 (29.) To give immediate information of the death of any inmate in 
 the poorhouse to the medical officer, and to the nearest relations of the 
 deceased who may be known to him, and who may reside within a 
 reasonable distance ; if the body be not removed within a reasonable 
 time, to provide for the interment thereof. 
 
 (30.) To take charge of the c othes and other articles, if any, of 
 such deceased inmate, and to deliver an inventory thereof to the 
 next meeting of the house committee, who shall give the necessary 
 directions respecting the same. 
 
 (31.) To report to the house committee, from time to time, the 
 names ofsuch children as may be fit to be put out to service or 
 other employment, and to take the necessary steps for carrying into 
 effect the directions of the house committee thereon. 
 
 (32.) To submit to the house committee, from time to time, a 
 list of such books or other publications as he may think it necessary 
 or advisable to introduce into the poorhouse for the use of the 
 inmates, and not to admit into the collection any book or publica- 
 tion that has not been approved by the house committee. 
 
 (33.) To inform the matron where he may be found before at 
 any time he absents himself from the poorhouse, and never to 
 remain absent from the premises a whole night, without leave from 
 the chairman or acting chairman of the house committee. 
 
 (34.) To perform, as far as may be, the duties of the matron 
 during her absence or inability. 
 
 (35.) To inform the visiting committee, and the house com- 
 mittee, of the state of the poorhouse in every department, and to
 
 244 APPENDIX. 
 
 submit, in writing, to the house committee, at their ordinary meet- 
 ings, any suggestions he may have to offer for the correction of 
 abuses, and the introduction of improvements in the management 
 of the poorhouse, and to observe and fulfil all lawful orders and 
 directions of the-house committee, suitable to his office. 
 
 (36.) To cause copies of the rules and regulations as to disci- 
 pline and offences and punishments, and as to diet, to be kept sus- 
 pended in the respective dining-halls and wards throughout the 
 establishment. 
 
 (37.) To attend, if directed so to do, the meetings of the house 
 committee, and to write out the minutes of their proceedings, to 
 enter them in the minute-book, and to procure the signature of the 
 chairman of each meeting to the minutes of its proceedings when 
 so entered. 
 
 (38.) To attend, and to cause the male hired servants to attend, 
 morning and evening prayers. 
 
 MATRON. 
 
 XIX. The following shall be the duties of the matron : 
 
 (1.) To assist the house governor in the general management 
 and superintendence of the poorhouse, and especially in enforcing 
 the observance of good order, cleanliness, punctuality, industry, 
 and decency of demeanour, amongst the inmates ; in cleansing and 
 ventilating the sleeping-wards, dining-halls, and all other parts of 
 the premises, and in taking care of and preventing waste or loss in 
 the articles provided for the use of the poorhouse. 
 
 (2.) In the absence of the house governor, or during his disability, 
 to act as his substitute in all matters relating to the admission of 
 poor persons ; and in all other matters pertaining to his duties, so 
 far as she may be capable of so acting. 
 
 (3.) To take charge of the linen and stockings for the use of the 
 inmates, and of all the other linen in use in the poorhouse, and also 
 of any other clothing or articles confided to her care by order of 
 the house committee ; and to apply the same to such purposes as 
 shall be authorised or approved by the house committee, and to no 
 other. 
 
 (4.) To superintend and give the necessary directions for making 
 and mending the linens and clothing supplied to the male inmates, 
 and all the clothing supplied to the female inmates and children, 
 and to take care that all such clothing be marked with the name of 
 the poorhouse. 
 
 (5.) To superintend and give the necessary directions concerning
 
 APPENDIX. 245 
 
 the washing, drying, and getting-up of the linen, stockings, blankets, 
 and other articles, and to see that the same be not dried in the 
 sleeping-wards or in the sick-wards. 
 
 (6.) To keep, in a book provided for that purpose by the house 
 committee, a correct account of all linen, clothing, bedding, blankets, 
 sheets, stockings, table napery, furniture, and other articles con- 
 fided to her care, and to enter therein the date at which every 
 article was received, the date when it was first issued for use, and 
 the date when it became unserviceable ; such book to be at all 
 times open to the inspection of the house governor and of the 
 visiting committee, and to be submitted by the house governor to 
 the house committee at every ordinary meeting. 
 
 (7.) To make a requisition for such articles as she deems to be 
 necessary, in a book to be provided for that purpose, and which 
 shall be laid by the house governor before the house committee at 
 every ordinary meeting. 
 
 (8.) To report, in writing, to the house governor, for the pur- 
 pose of being entered in his journal, any infringement of the rules 
 and regulations of the poorhouse, or of the orders of the house 
 committee, by any officer or person other than an inmate in the 
 department of the poorhouse under her immediate charge ; and, if 
 she shall deem it necessary, also to report the same, in writing, to 
 the chairman or acting chairman of the house committee. 
 
 (9.) To appoint, subject to the approval of the house committee, 
 all the hired female servants employed in the poorhouse, and to 
 select from amongst the female inmates fit persons to be employed 
 in washing and mending the linens and other articles of clothing ; 
 also, nurses for the several wards, and to see that the persons so 
 hired or employed perform the duties required of them. 
 
 (10.) To take care, with the assistance of the nurses, of the 
 children, and of the sick and infirm inmates, and to provide the 
 proper diet for the children and the sick, and to furnish them with 
 such changes of clothes and linen as may be necessary, and to see 
 that every proper assistance is rendered to them. 
 
 (11.) To pay particular attention to the moral conduct and 
 orderly behaviour of the female inmates and children, and to see 
 that they are clean and decent in their dress and persons. 
 
 (12.) To attend, and to cause the hired female servants to attend, 
 morning and evening prayers. 
 
 (13.) To provide for and enforce the employment of all female 
 inmates, to the extent-of their ability, and to assist in training np 
 the children, so as to fit them for service or other employment.
 
 246 APPENDIX. 
 
 (14.) To call over the names of the inmates in each ward every 
 morning, at the hour fixed by the house committee, and to inspect 
 their persons, and see that they are clean. 
 
 (15.) To prepare every morning, immediately after roll-call, a 
 diet-roll of the inmates, and to hand it to the house governor, so 
 as to enable him to enter up his daily diet book, and to issue from 
 store the articles of diet required for the day, in proper time. 
 
 (16.) To receive daily, from the house governor, the articles of diet 
 required for that day, in accordance with the diet-roll and the daily 
 diet-book. 
 
 (17.) To see that the food of the inmates is properly cooked, and 
 served up to them in the dining-hall ; that each individual is supplied 
 with a diet in accordance with the rules, and that the food of such 
 inmates as, from sickness or other cause, are unable to take it in the 
 dining-hall, is sent and given to them. 
 
 (18.) To administer as far as possible with her own hand, to each 
 individual, the wine, spirits, or other cordial prescribed for such 
 person by the medical officer ; and if in any case she cannot so ad- 
 minister the cordial prescribed for an inmate, to take the earliest 
 opportunity of inquiring and ascertaining whether the quantity 
 supplied has been duly administered. 
 
 (19.) To visit all the wards of the females and children every night 
 before nine o'clock ; and to ascertain that all the inmates in each 
 ward are in bed, and all the fires and lights therein extinguished. 
 
 (20.) To see that every inmate in the poorhouse has clean linen 
 and stockings once a-week, and that all the beds be kept in a clean 
 and wholesome state. 
 
 (21.) Before leaving the poorhouse to inform the house governor 
 where she will be found, and never to be absent one whole night 
 without leave from the chairman or acting chairman of the house 
 committee. 
 
 (22.) To observe and fulfil all lawful orders of the house commit- 
 tee, suitable to her office. 
 
 PORTER. 
 
 XX. The following shall be the duties of the porter : 
 (1.) To keep the gate, and to prevent any person, not being an 
 officer of the poorhouse, or a member of a parochial board having a 
 pecuniary interest in the poorhouse, or a member or the secretary 
 of the board of supervision, or a person authorised by law or by the 
 Board of Supervision, or by a parochial board entitled to give such 
 authority, or by the house committee, from entering into or going
 
 APPENDIX. 247 
 
 out of the poorhouse without the leave of the house governor or 
 matron. 
 
 (2.) To receive all poor persons who apply for admission with a 
 proper order ; and if the governor or matron should both be absent, 
 to place such poor person in the probationary ward or place set 
 apart for the reception of such poor persons, until the house gover- 
 nor or matron return. 
 
 (3.) To take charge of the clothes of each poor person on his 
 admission to the poorhouse, and to deposit them, when purified, in 
 a place appropriated for the purpose, having affixed to them a list of 
 the articles and the name of the poor person to whom they belong. 
 
 (4.) To examine all parcels and goods before they are received into 
 the poorhouse, and prevent the unlawful admission of any spirituous 
 or fermented liquors, or other prohibited articles. 
 
 (5.) To take care that no poor person or inmate entering the poor- 
 house, either for admission or on return from temporary leave of 
 absence, shall take into the house or premises any spirits or other 
 prohibited articles ; and for this purpose to search their persons, if 
 he shall think fit ; and to require any other person whom he may 
 suspect of having possession of any such spirits or prohibited article 
 to satisfy him to the contrary before he shall permit such person to 
 enter the poorhouse. 
 
 (6.) To take care that no poor person going out of the poorhouse 
 unduly removes any article from the premises ; and for this purpose 
 to examine all parcels taken by them out of the poorhouse, and to 
 search their persons, if he shall think fit. 
 
 (7.) To lock all the outer doors, and deliver the keys to the house 
 governor, or, in his absence, to the matron, every night at nine 
 o'clock, and receive them back every morning at six o'clock, or at 
 such other hours as shall from time to time be fixed by the house 
 committee. 
 
 (8.) To assist the house governor and matron in preserving order 
 and in enforcing obedience and due subordination in the poorhouse. 
 
 (9.) To inform the house governor, and, in his absence, the matron, 
 of all things affecting the security, order, and interest of the poor- 
 house, and to obey all lawful directions of the house governor and 
 matron and of the house committee. 
 
 ADMISSION OF POOR PERSONS. 
 
 XXI. Every poor person who shall be admitted as an inmate into 
 the poorhouse, either upon a first or any subsequent admission, shall 
 be admitted by a written or printed order signed by an inspector,
 
 248 APPENDIX. 
 
 or by some other person duly authorised by the house committee, 
 or by a parochial board having a right to send poor persons to the 
 poorhouse, to sign such order, and not otherwise. 
 
 XXII. No poor person shall be admitted on any written or 
 printed order bearing date more than three days before the day on 
 which such order is presented at the poorhouse, unless such poor 
 person, at the time of receiving the order, was residing at a distance 
 of more than five miles from the poorhouse ; and no poor person 
 shall be admitted on any such order if it bears date more than six 
 days before the day on which it is presented at the poorhouse. 
 
 XXIII. The name and religious persuasion of a poor person ad- 
 mitted to the poorhouse, with all other particulars required to be 
 stated, shall be duly entered in the register at the time of admission ; 
 and such person shall be placed in a probationary ward or other 
 apartment, separate from the inmates of the poorhouse, and shall 
 there remain till examined by the medical officer. 
 
 XXIV. If the medical officer, upon such examination, pronounce 
 the poor person to be labouring under any disease of body or mind, 
 the poor person shall be placed in the sick ward, or in such other 
 ward as the medical officer shall direct. 
 
 XXV. If the medical officer pronounce the poor person to be 
 free from any disease, the poor person shall be placed in the part of 
 the poorhouse assigned to the class to which such poor person 
 belongs. 
 
 XXVI. Before being permitted to communicate with the other 
 inmates, the poor person shall be thoroughly cleansed, and shall be 
 clothed in a poorhouse dress, and the clothes which such poor 
 person wore at the time of admission shall be purified, and deposited 
 in a place appropriated for that purpose, with the owner's name and 
 a list of the articles affixed thereto, and such clothes shall be 
 returned when the poor person leaves the poorhouse. 
 
 XXVII. Every poor person, upon admission into the poorhouse, 
 or on return from a temporary leave of absence, shall be searched by 
 or under the inspection of the proper officer, and shall be prevented 
 from carrying into the poorhouse any prohibited article. 
 
 CLASSIFICATION OF INMATES. 
 
 XXVIII. The inmates, so far as the poorhouse admits thereof, 
 shall be classed as follows : 
 
 1. Males above the age of 15 years. 
 
 2. Boys above the age of 2 years, and under that of 15 years. 
 
 3. Females above the age of 1 5 years.
 
 APPENDIX. 249 
 
 4. Females above~the age of 2 years, and under that of 15 years. 
 
 5. Children under 2 years of age. 
 
 XXIX. To each of the classes specified in Article XXVIII. shall 
 be assigned by the house committee the apartments and yard best 
 fitted for the reception of such class ; and where the number of 
 inmates and the accommodation admit thereof, the said classes may 
 be farther subdivided. 
 
 XXX. Each class, or subdivision of a class, shall respectively re- 
 main in the part of the poorhouse assigned to them without com- 
 munication with any other class, or subdivision of a class ; subject, 
 nevertheless, to such arrangements as the house committee shall 
 make with reference to the probationary wards, the infirmary or 
 sick-ward, and the employment of nurses and helpers. 
 
 DISCIPLINE OF THE INMATES. 
 
 XXXI. All the inmates of the poorhouse, except those disabled 
 by sickness or infirmity, persons of unsound mind, and children, 
 shall rise, be set to work, leave off work, and go to bed at such 
 times, and shall be allowed such intervals for their meals as the 
 house committee shall direct, and these several times shall be 
 notified by the ringing of a bell. 
 
 XXXII. Half an hour after the bell shall have been rung for 
 rising, the names of the inmates shall be called over by the house 
 governor, matron, or other person duly authorised, respectively in 
 the several wards, where every inmate belonging to each ward must 
 be present to answer and to be inspected ; and a list of the persons 
 in each ward arranged in dietary classes, as provided in Article 
 LXIL, shall be made out for the information of the house go- 
 vernor. 
 
 XXXIII. The meals shall be taken by the inmates (except those 
 disabled by sickness or infirmity, persons of unsound mind, and 
 children) in the dining-hall, and in no other place whatever ; and 
 during the time of meals, order and decorum shall be maintained ; 
 and no inmate (except those disabled by sickness or infirmity, 
 persons of unsound mind, or children) shall go to or remain in the 
 sleeping- ward, either in the time appointed for work, or in the inter- 
 vals allowed for meals, except by permission of the house governor 
 or matron. 
 
 XXXIV. The house governor and matron shall fix, subject to the 
 directions of the house committee, the hours of rising and going to 
 bed for the sick, the infirm, and the young children, and determine 
 the occupation and employment of which such inmates may be
 
 250 APPENDIX. 
 
 capable ; and the meals of such inmates shall be provided at such 
 times and in such manner as the house committee may direct. 
 
 XXXV. The inmates of the respective sexes not employed as 
 nurses or helpers, shall be dieted as set forth in the dietary pre- 
 scribed for the use of the poorhouse, and in no other manner, 
 provided that the medical officer may direct in writing such diet for 
 any sick, or lunatic, or infant inmate, as he shall deem necessary. 
 
 XXXVI. No inmate shall have or consume any spirituous or 
 fermented liquor, unless by the direction in writing of the medical 
 officer ; and no inmate shall have or consume any tobacco, or food, 
 or provision, other than is allowed iu the dietary, unless with the 
 permission of the house governor or matron, subject to the directions 
 of the house committee. 
 
 XXXVII. The clothing to be worn by the inmates in the poor- 
 house shall be made of such materials as the parochial board or the 
 house committee shall determine. 
 
 XXXVIII. The inmates of the several classes shall be kept em- 
 ployed according to their capacity and ability ; but no inmate shall 
 work on account of any party other than the parochial board or 
 house committee, which shall be entitled to appropriate, for behoof 
 of the parish, the whole proceeds of the labour or employment of 
 every inmate. 
 
 XXXIX. The boys and girls who are inmates of the poorhouse 
 shall, for three or more of the working hours of every day, be 
 instructed in reading, writing, arithmetic, and the principles of the 
 Christian religion, and such other instruction shall be imparted to 
 them as shall fit them for service or other employment, and train 
 them to habits of usefulness, industry, and virtue. 
 
 XL. Twenty-four hours after having intimated to the house gover- 
 nor a desire to be dismissed from the poorhouse, or sooner if the house 
 governor shall think fit, any adult inmate, not a dependent of an 
 inmate, may quit the poorhouse ; but no inmate shall carry away 
 any clothes, or other article belonging to the poorhouse, without 
 the express permission of the house governor or matron ; and no 
 poor person dismissed from the poorhouse, or so quitting it, shall 
 again be received therein, except in the mode prescribed in Article 
 XXI. for the admission of poor persons. 
 
 XLI. No inmate, not being an adult, or, if an adult, being 
 a dependent of an inmate, shall be permitted to leave the poor- 
 house, except on temporary leave of absence, without the consent 
 of his parents or guardians, or the inmate on whom he is dependent, 
 unless by express permission of the house committee.
 
 APPENDIX. 251 
 
 XLII. No inmate having a dependent an inmate shall quit the 
 poorhouse, without taking every such dependent with him, unless 
 by express permission of the house committee. 
 
 XLIII. The house governor may send out the inmates of each 
 sex under the age of fifteen, subject to such restrictions as the 
 house committee may impose, and under the care and guidance 
 of himself, or the matron, or some other person duly authorised 
 by the house committee, for the purposes of exercise and instruc- 
 tion. 
 
 XLIV. No person shall visit any inmate of the poorhouse except 
 by permission of the house governor or matron, and subject to such 
 restrictions and conditions as the house committee may prescribe ; 
 and such interview shall take place, except where a sick inmate is 
 visited, in a room separate from the other inmates, in the presence 
 of the house governor, matron, porter, or other person duly author- 
 ised by the house committee. 
 
 XLV. No inmate shall be allowed to possess, or to read in the 
 poorhouse, any book or printed paper of an improper tendency ; 
 and no written paper of an improper tendency shall be allowed to 
 circulate, or to be read aloud among the inmates. 
 
 XL VI. No inmate shall play at cards, or at any game of chance, 
 in the poorhouse ; and the house governor or matron shall take from 
 any inmate, and dispose of as the house committee shall direct, any 
 cards, dice, or other articles relating to games of chance, which may 
 be in his possession. 
 
 XLVII. No inmate shall smoke within the poorhouse, or any 
 building belonging thereto, nor shall have any matches or other 
 articles of a highly combustible nature in his possession. 
 
 MEDICAL OFFICER. 
 
 XLVIII. A properly qualified medical officer shall be named to 
 attend at the poorhouse, and the following shall be his duties : 
 
 (1.) To attend at the poorhouse daily, at such time or times as 
 the house committee shall fix, and also when sent for by the house 
 governor or matron, in cases of sudden illness, accident, or other 
 emergency, and at all such other times as the state of the sick or 
 insane patients within the poorhouse may render necessary. 
 
 (2.) To give, if possible, to the house governor and matron the 
 name of a qualified medical man. who shall act for him in the event 
 of his being prevented, by indisposition, absence, or otherwise, from 
 performing his dutes at the poorhouse 
 
 (3.) To examine the state of the poor persons on their admission
 
 252 APPENDIX. 
 
 into the poorhouse to examine the state of the patients in the 
 sick-wards, and also the state of any sick or insane inmates in the 
 other wards. 
 
 (4.) To give all necessary directions as to the classification, diet, 
 and treatment of the sick inmates and inmates of unsound mind ; and 
 to intimate to the house governor and matron, and report to the 
 chairman or acting chairman of the house committee, any inmate of 
 unsound mind whom he may deem to be dangerous. 
 
 (5.) To enter in a book, to be provided by the house committee 
 for that purpose, and to be called the " Medical Officer's Sick Diet 
 Book," all directions which he may give regarding the diet of sick 
 inmates, and inmates of unsound mind, and to submit the same to 
 the house committee at their ordinary meetings, and at such other 
 times as they may direct. 
 
 (6.) To report in writing to the chairman or acting chairman of 
 the house committee any defect in the diet, drainage, ventilation, 
 warmth, or other arrangements of the poorhouse, or any excess in 
 the number of any class of inmates, which he may deem to be detri- 
 mental to the health of the inmates. 
 
 (7.) To give all necessary directions as to the diet of the 
 children in the poorhouse, and to vaccinate such as may require 
 vaccination. 
 
 (8.) To make to the house committee a return of the sick within 
 the poorhouse, in the prescribed form, weekly or monthly, as that 
 committee shall direct ; and to enter therein the apparent cause of 
 the death of every poor person who shall die in the poorhouse. 
 
 (9.) To give the house committee, when required, any reasonable 
 information respecting the case of any poor person who has been 
 under his care to make such written report relative to any sick- 
 ness prevalent among the inmates of the poorhouse, as the house 
 committee, the parochial board, or the Board of Supervision, may 
 require of him, and to attend the house committee when required 
 by them to do so. 
 
 (10.) To keep a register of all patients under his care in the 
 poorhouse, in which he shall enter the name, age, and other par- 
 ticulars of each patient, and an account of his visits, and also of the 
 treatment of the more serious cases, and to submit such register to 
 the house committee and the visiting committee, when required so 
 to do. 
 
 (11.) To promote peace, order, obedience, and observance of the 
 rules of the poorhouse among the inmates ; and to inform the house 
 governor, the matron, or the chairman or acting chairman of the
 
 APPENDIX. 253 
 
 house committee, of any infringement of such rules that may come 
 to his knowledge. 
 
 RELIGIOUS INSTRUCTION. 
 
 XLIX. The religious instruction of the inmates of the poorhouse 
 shall be committed to a chaplain, who shall bo a distinct officer from 
 the house governor, and the following shall be his duties : 
 
 (1.) To lecture or preach to the inmates of the poorhouse, con- 
 joining prayer and praise, every Sabbath day. 
 
 (2.) To visit any sick inmate of the poorhouse from time to time, 
 and when he may be applied to for that purpose by the house 
 governor or matron. 
 
 (3.) To examine and catechise the children once in every month 
 or oftener ; and after each of such examinations to record the same, 
 and state the general progress of the children, in a book to be pro- 
 vided for that purpose by the house committee, and which is to be 
 laid before that committee at their next ordinary meeting. 
 
 (4.) To promote peace, order, obedience, and observance of the 
 rules of the poorhouse among the inmates, and to inform the house 
 governor, the matron, or the chairman or acting chairman of the 
 house committee, of any infringement of such rules that may come 
 to his knowledge, and to perform such other duties suitable to his 
 office as may be required of him by the house committee, in terms 
 of his agreement or appointment. 
 
 (5.) To report his proceedings generally to the house committee 
 at such times as that committee shall direct, stating the name of 
 the person, if any, who may have officiated for him since the date 
 of his last report. 
 
 L. All inmates of the poorhouse, except those who are incapaci- 
 tated by sickness, infirmity, or infancy, shall attend morning and 
 evening prayers every day, and divine service every Sabbath day. 
 Provided that inmates who refuse to attend on account of their 
 religious principles shall be exempt from such attendance, and shall 
 be engaged, during the time of divine service, in religious exercises, 
 or in reading, or hearing read, such religious book suited to their 
 religious persuasion, as the house governor shall sanction. 
 
 LI. Any regular minister of the religious persuasion of any inmate 
 of the poorhouse shall, at any time in the day, on the request of any 
 inmate, be allowed by the house governor to enter the poorhouse 
 for the purpose of affording religious assistance to such inmate, or 
 for the purpose of instructing his child or children in the principles 
 of his religion. Provided that such assistance or instruction shall
 
 254 APPENDIX. 
 
 be so given as not to interfere with the good order and discipline 
 of the other inmates of the poorhouse ; and such religious assistance 
 or instruction shall be strictly confined to inmates who are of the 
 religious persuasion of such minuter, and to the children of such 
 inmates. 
 
 LII. When a regular minister of any religious persuasion shall 
 request permission to visit members of his congregation who may 
 be inmates of the poorhouse, orders shall be given for his admission 
 at such hours as the house governor may consider proper ; and if 
 such inmates, or several of *them, desire it, arrangements shall be 
 made for assembling them in some convenient apartment, where 
 religious instruction may be given, or divine service conducted with 
 decorum, and apart from the other inmates. 
 
 LIII. No work, except the necessary household work and cook- 
 ing, shall be performed by the inmates on Sabbath day. 
 
 LIV. No work, except the necessary household work and cook- 
 ing, shall be required to be performed by any poor person who shall 
 be entered in the register as professing to be a member of the 
 Episcopal Church, on Good Friday and Christmas day ; nor by any 
 poor person who shall be entered on the register as professing the 
 Roman Catholic religion, on any of the following days observed as 
 holidays in the Roman Catholic Church : that is to say, the 1st 
 and Gth days of January, the 17th and 25th days of March, the 
 29th day of June, the 15th day of August, the 1st day of November, 
 Ascension day, and Corpus Christi day. 
 
 PUNISHMENTS FOB MISCONDUCT OF INMATES. 
 
 LV. Any inmate who shall neglect to observe such of the rules 
 and regulations of the poorhouse as are applicable to and binding 
 upon him ; 
 
 Or who shall make any noise when silence is ordered to be 
 kept ; 
 
 Or who shall use obscene or profane language ; 
 
 Or shall, by word or deed, revile or insult any person ; 
 
 Or shall threaten to strike or assault any person ; 
 
 Or shall not duly cleanse his person ; 
 
 Or shall refuse or neglect to work, having been required so 
 to do; 
 
 Or shall pretend sickness ; 
 
 Or shall play at cards, or other game of chance ; 
 
 Or shall enter, or attempt to enter, without permission, the ward
 
 APPENDIX. 255 
 
 or part of the premises appropriated to any class of inmates 
 other than that to which he belongs ; 
 
 Or shall behave improperly at public worship, or at prayers ; 
 Or shall not return till after the appointed time, when allowed to 
 
 quit the poorhouse on temporary leave of absence ; 
 Or shall wilfully disobey any lawful order of any officer of the 
 
 poorhouse ; 
 
 Shall be deemed DISORDERLY, and the house governor may punish 
 any such inmate, by requiring him, for a time not exceeding two 
 days, to perform one or two hours of extra work each day, and by 
 withholding, for the like time, all milk or butter-milk which such 
 inmate would otherwise receive with his meals ; or by deprivation 
 of such other articles of diet, and for such time, not exceeding three 
 days, as the house committee, after consulting with the medical 
 officer, shall direct. 
 
 LVI. Any inmate who shall, within seven days, repeat any one, 
 or commit more than one, of the offences specified in Article LV., or 
 who shall by word or deed revile or insult the house governor, the 
 matron, or any other officer of the poorhouse, or any member of the 
 parochial board, or any officer of the parochial board being in the 
 poorhouse in the discharge of his official duty ; 
 
 Or shall wilfully disobey any lawful order of the house governor 
 
 or matron, after such order shall have been repeated ; 
 Or shall attempt to introduce any fermented or spirituous liquor, 
 
 or other prohibited article, without sufficient authority ; 
 Or shall unlawfully strike, or otherwise unlawfully assault, any 
 
 person ; 
 
 Or shall wilfully or mischievously damage or soil any property 
 whatsoever belonging to the poorhouse, or to the parochial 
 board ; 
 
 Or shall be drunk ; 
 Or shall commit any indecency ; 
 Or shall wilfully disturb the inmates during prayers or divine 
 
 worship ; 
 Or shall climb over any wall or fence, or attempt to quit the 
 
 poorhouse premises in any irregular mode ; 
 
 Or shall attempt to convey out of the poorhouse any clothes or 
 other article belonging to the poorhouse, or to the parochial 
 board ; 
 
 Shall be deemed REFRACTORY, and punishable by solitary confine- 
 ment, with or without an increase in the time of work, and an 
 alteration of diet, similar in kind and duration to that prescribed in
 
 256 APPENDIX. 
 
 Article LV. for DISORDERLY inmates, as the house committee shall 
 direct ; but no inmate shall be so confined for a longer period than 
 twenty-four hours ; or if it be deemed right that such inmate shall 
 be carried before a magistrate, and twenty-four hours should not be 
 sufficient for that purpose, then for such further time as may be 
 necessary for such purpose. 
 
 LVII. The house governor may punish any disorderly or refrac- 
 tory inmate, by causing him to wear, during a period of not more 
 than forty-eight hours, a dress different from that of the other 
 inmates, either jointly with or in lieu of the deprivation of any 
 articles of diet to which any such inmates might be subjected by 
 the regulations herein contained. 
 
 LVIII. If any offence, by which an inmate becomes refractory, 
 be accompanied by any of the following circumstances of aggrava- 
 tion ; that is to say, if such inmate 
 
 Persist in using violence against any person ; 
 Or persist in creating a noise or disturbance, so as to annoy a 
 considerable number of the other inmates, or any sick inmate ; 
 Or endeavour to excite the other inmates to acts of insubordi- 
 nation ; 
 Or persist in acting indecently or obscenely in the presence of 
 
 any other inmate ; 
 Or persist in mischievously breaking or damaging any goods or 
 
 property of the poorhouse, or of the parochial board ; 
 Or persist in refusing to work ; 
 
 The house governor shall, without any special order of the house 
 committee, place such refractory inmate in confinement for any time 
 not exceeding twelve hours. But the house governor shall not 
 confine any adult inmate without the special order of the house 
 committee, except in one of the cases specified in this article. 
 
 LIX. No inmate who is under medical treatment, or who is 
 infirm, or who may reasonably be supposed to be under twelve 
 years of age, or who may be pregnant, or who may be suckling a 
 child, shall be punished by alteration of diet, or by confinement, 
 unless the medical officer shall have previously certified, in writing, 
 that no injury to the health of such inmate is reasonably to be 
 apprehended from the proposed punishment ; and any modification 
 diminishing such punishment, which the medical officer may recom- 
 mend, on the ground of health, shall be adopted by the house 
 governor. 
 
 LX. No inmate shall be confined at any time between eight 
 o'clock in the evening and six o'clock in the morning, without being
 
 APPENDIX. 257 
 
 furnished with a bed and bedding suitable to the season, and with 
 the other proper conveniences. 
 
 LXI. No inmate shall be confined in any place which shall not 
 have been previously examined by the medical officer, and certified 
 to be a place in which inmates may be confined without injury to 
 their health. 
 
 LXII. No child under twelve years of age shall be confined in a 
 dark room, or during the night. 
 
 LXIII. No corporal punishment shall be inflicted on any child 
 except by the schoolmaster, the schoolmistress, the house governor, 
 or the matron, nor except with a rod or other instrument such as 
 shall be seen and approved by the house committee, or visiting 
 committee, nor until six hours after he has been convicted of the 
 offence for which such punishment is inflicted, nor on any child 
 whose age may reasonably be supposed to exceed fifteen years. 
 
 LXIV. The person who punishes any child with corporal correc- 
 tion, shall forthwith report to the governor the particulars of the 
 offence and punishment. 
 
 LXV. No corporal punishment shall be inflicted on any female 
 child, except by the matron or schoolmistress. 
 
 LXVI. The house governor shall enter in a book, to be provided 
 for that purpose by the house committee, and to be called the 
 " Report-Book of Offences and Punishments," Istly, All cases of 
 inmates who may have been punished without the directions of the 
 house committee, together with the particulars of their respective 
 offences and punishments ; and 2dly, All cases of refractory or dis- 
 orderly inmates, to be reported to the house committee for their 
 decision thereon ; and such book shall be submitted to the house 
 committee at every meeting, when they shall give directions as to 
 any confinement, or other punishment, of any refractory or disorderly 
 inmate reported for their decision, and cause such directions to be 
 entered in the minutes of that day's proceedings, and in the house 
 governor's " Report-Book of Offences and Punishments ;" and they 
 shall also enter in that book their approval or disapproval of the 
 conduct of the house governor or other officer, in respect to each 
 case in which punishment is reported to have been inflicted by the 
 house governor or other officer, without the directions of the house 
 committee. 
 
 DIET OF THE INMATES. 
 
 LXVII. The dietary of the poorhouse shall be framed in accord- 
 ance with the following rules :
 
 258 APPENDIX. 
 
 (1.) No article of diet which is not of good quality, and in a 
 wholesome state, shall be issued, prepared for, or given to any 
 inmate. 
 
 (2.) The inmates not under medical treatment shall be divided, 
 for the purposes of diet, into sven classes, viz. : 
 
 Class A. Aged persons, of either sex, who are healthy, but who 
 
 are not working. 
 
 ... B. Adults, of either sex, who are healthy, but not working, 
 and who are not aged persons; and children, of 
 either sex, above eight, and not above fifteen years 
 of age. 
 
 ... C. Adult persons, of either sex, who are working. 
 ... D. Infirm persons, of either sex. 
 ... E. Children above five, and not above eight, years of 
 
 age. 
 ... F. Children above two, and not above five, years of 
 
 age. 
 
 ... G. Infants, not above two years of age. 
 (3.) To each of these classes, except class G, three meals a-day 
 shall be allowed, which shall consist of 
 
 For Class A. (First Rate.) 
 Breakfast ...Meal, three ounces ; and milk, half-pint imperial. 
 
 Dinner Bread, six ounces; and broth, one-and-a-half pint 
 
 imperial. 
 Supper Meal, three ounces ; and milk, half-pint imperial. 
 
 For Class B. (Second Rate.) 
 Breakfast ...Meal, four ounces; and milk, three-fourths pint 
 
 imperial. 
 Dinner Bread, eight ounces; and broth, one-and-a-half pint 
 
 imperial. 
 Supper Meal, four ounces; and milk, three-fourths pint 
 
 imperial. 
 
 For Class C. (Third Rate.) 
 
 Breakfast ...Meal, four ounces ; and milk, three-fourths pint 
 imperial. 
 
 Dinner Bread, eight ounces; broth, one-and-a-half pint im- 
 perial ; and boiled meat, four ounces. 
 
 Supper Meal, four ounces; and milk, three-fourths pint 
 
 imperial.
 
 APPENDIX. 
 
 259 
 
 For Class D. (Fourth Rate.) 
 Breakfast,.. Meal, four ounces; and skimmed milk, three-fourths 
 
 pint imperial. 
 Dinner ...... Bread, six ounces; rice-soup, one-and-a-half pint 
 
 imperial. 
 Supper ...... Bread, six ounces ; and tea, half-pint imperial. 
 
 For Class E. (Fifth Rate.) 
 Breakfast ...Meal, four ounces; and milk, three-fourths pint 
 
 imperial. 
 Dinner ...... Bread, six ounces ; and broth, one pint imperial. 
 
 Supper ...... Meal, three ounces ; and milk, half-pint imperial. 
 
 For Class F. (Sixth Rate.) 
 Breakfast ...Meal, three-and-half ounces; and new milk, half- 
 
 pint imperial. 
 Dinner ...... Bread, five ounces; and broth, three-fourths pint 
 
 imperial. 
 Supper ...... Meal, three ounces ; and new milk, half-pint imperial. 
 
 For Class G. (Seventh Rate.) 
 
 Not less than eight ounces of white leavened bread, or seven 
 ounces of meal, and one pint imperial of new milk, daily ; to 
 be prepared in such manner, and given at such times, as the 
 medical officer shall recommend. 
 
 (4.) The meal may be either oatmeal or Indian meal, or a mixture 
 of these two kinds. 
 
 (5.) The milk may be buttermilk, where new milk or skimmed 
 milk is not specified. 
 
 (6.) The bread, in the first six rates, may be of such sort as is 
 generally used by the labouring population in the parish or parishes 
 to which the poorhouse belongs. 
 
 (7.) The broth shall be made with two ounces of meat, exclusive 
 of bone, two ounces of barley, half an ounce of pease, one and a 
 half ounce of carrots, turnips, or other vegetables approved by the 
 medical officer, and a due quantity of salt, for each ration of one 
 and half pint imperial ; and for other quantities in the like pro- 
 portions. 
 
 (8.) The rice soup for class D. (fourth rate), shall be so made, that 
 for each ration for an infirm inmate, there shall be four ounces of 
 meat (which shall be left in the soup or not, as the medical officer
 
 260 APPENDIX 
 
 shall direct, in each case) ; rice, one and a half ounces ; vegetables, 
 two ounces ; salt and pepper, the due quantity. 
 
 (9.) The tea for class D. (fourth rate), shall be made with sugar, 
 half an ounce ; new milk, one ounce ; and tea, one-eighth of an 
 ounce, for each half-pint imperial. 
 
 (10.) In the first, second, and third rates, there may be substituted, 
 not more than three times a-week, for the broth at dinner, one and 
 a half imperial pint of peasoup, made with two ounces of whole or 
 split pease, one and a half ounces of pease flour, one ounce of 
 vegetables, and a due proportion of salt and pepper. 
 
 (11.) In i\\Q first, second, and third rates, there may be substituted, 
 not more than once a-week, for the broth at dinner, three ounces of 
 skimmed milk cheese ; and for the broth and meat together, four 
 and a half ounces. 
 
 (12.) In the first and second rates there may be substituted, not 
 more than twice a-week, for the broth at dinner, eight ounces of 
 white fish ; and, in the third rate, twelve ounces of white fish, for 
 the broth and meat together. 
 
 (13.) In the first rate there may be substituted, not more than 
 twice a-week, for the bread and broth at dinner, one and a half 
 pounds of boiled potatoes, with three-fourths of a pint imperial of 
 skimmed milk ; and, in the second and third rates, two pounds of 
 boiled potatoes, with three-fourths of an imperial pint of skimmed 
 milk ; and in the third rate, for the bread, broth, and meat together, 
 three pounds of boiled potatoes, with one imperial pint of skimmed 
 milk. 
 
 (14.) The house committee may, under the written advice of the 
 medical officer or medical officers, and by an order entered in the 
 minutes of their proceedings, direct the use of other articles, in other 
 proportions than the above, whenever the scarcity of any article, 
 the season of the year, or any circumstance affecting the sanatory 
 condition of the inmates, shall be deemed to justify such changes ; 
 but in any such change there shall be no diminution of the amount 
 of nutriment, or of the proportion of nitrogenous or azotised nutri- 
 ment required by these rules, unless with the previous consent of 
 the Board of Supervision. 
 
 (15.) The diet for any inmate who is under medical treatment shall 
 be such as the medical officer shall prescribe for him, and shall enter 
 in a book, to be kept for that purpose, and to be called the " Medi- 
 cal Officer's Sick Diet Book, 5 ' which shall be submitted to the house 
 committee at every ordinary meeting. 
 
 LXVIII. Copies of the regulations as to discipline and offences
 
 APPENDIX. 261 
 
 and punishments, and as to diet, shall be kept suspended in the 
 dining-halls and wards of the poorhouse ; and a copy of the regu- 
 lations as to discipline and offences and punishments shall be kept 
 suspended in each probationary ward, and shall be read to each 
 inmate on his admission. 
 
 EXPLANATION OF TERMS. 
 
 LXIX. Whenever the words, the house committee, or the words, 
 the parochial board, are used in these rules, such words shall be 
 taken to mean respectively the house committee, and the parochial 
 board or parochial boards appointed or acting for the parish or 
 parishes to which the poorhouse subject to these regulations belongs. 
 
 LXX. Whenever, in describing any person or party, matter or 
 thing, the word importing the singular number, or the masculine 
 gender only, is used in these rules, the same shall be taken to include, 
 and shall be applied to, several persons or parties, as well as one 
 person or party, and females as well as males, and several matters or 
 things, as well as one matter or thing, respectively, unless there be 
 something in the subject or context repugnant to such construction. 
 
 LXXI. Whenever in these rules any article is referred to by its 
 number, the article of these rules bearing that number shall be 
 taken to be signified thereby. 
 
 LXXII. Whenever in these rules the word inmate is used, such 
 word shall be taken to mean a poor person receiving parochial relief 
 in the poorhouse. 
 
 List of Books required to be kepi for the use of Poorhouse by the foregoing 
 
 Rules. 
 
 1. House Committee's Minute Book. 
 
 2. Register of Inmates. 
 
 3. Visitor's Report Book. 
 
 4. Receipt and Expenditure Book. 
 
 5. House-Governor's Journal. 
 
 6. Report of Offences and Punishments Book. 
 
 7. House Governor's Daily Diet Book. 
 
 8. House Governor's Sick Diet Book. 
 
 9. House Governor's Order Book. 
 
 10. Matron's List of Linen, &c., Book. 
 
 11. Matron's Requisition Book.
 
 262 APPENDIX. 
 
 12. Medical Officer's Register and Report Book. 
 
 13. Medical Officer's Sick Diet Book. 
 
 14. Chaplain's Children's Examination Book. 
 
 14. Duties of Inspectors Additional Rule as to persons refused 
 Rdief. (Fifth Rep. App. A, No. 3, p. 16.) 
 
 The inspector of the poor shall deliver to every applicant who 
 has been refused relief, a certificate signed by the inspector, which 
 shall certify the fact, the grounds, and the date of such refusal, and 
 set forth the name of the person so refused.
 
 INDEX. 
 
 The reference is to the paragraphs. 
 
 Administration of the laws regarding 
 the poor, vested in Parochial Boards 
 and Sheriffs and Justices of the 
 Peace, subject to Supreme Civil 
 Court, 203. See Parochial Board 
 Board of Supervision Court of 
 Session. 
 
 Aliment. What relations bound to ali- 
 ment, 33, et seq. Father bound to 
 maintain his children, 33. If father 
 dead, 34. When son is unable to sup- 
 port his wife, his father is liable, 
 35. Sons-in-law bound to support 
 parents-in-law, 35. Father bound 
 to support his son's widow, 35. 
 Failing paternal ascendants, burden 
 falls on those of mother, 36. Chil- 
 dren bound to support paternal and 
 maternal ascendants, 37. What if 
 pauper have descendants able to 
 support him, 38. Husband bound 
 to support his wife, and obligation 
 descends to his representatives lu- 
 crati, 39. No obligations upon 
 brothers or sisters, or collateral re- 
 lations, to aliment each other, 40. 
 Extent and nature of aliment incum- 
 bent on relations, 41. What degree 
 of poverty exempts from such obli- 
 gation, 42. Husbands and fathers 
 deserting their wives or children 
 liable to be prosecuted criminally be- 
 fore the Sheriff, 43, 198. Liferenters 
 bound to aliment fiars, 44. Credi- 
 tors obliged to aliment their poor 
 debtors in jail, 44. Actions of ali- 
 ment before what courts brought, 
 45, 46. 
 
 Army Pensioners. See' Pensioners. 
 
 Assessment, how imposed. In parishes 
 not yet assessed, 131. Burghs of 
 barony now under 8 & 9 Viet., 132. 
 When part of parish is disjoined or 
 annexed quoadsacra, 133. Modes of 
 assessments under 8 & 9 Viet, appli- 
 
 cable alike to landward and burghal 
 parishes, 134. Three modes of as- 
 sessment, 134. Parochial board to 
 report to Board of Supervision mode 
 of assessment fixed on, 134. Heri- 
 table property rated in parish in 
 which it is locally situated, 135. 
 Ferries, how assessed, 135. " Own- 
 ers" under 8 & 9 Viet., 136. Feu- 
 duties not assessable for poor, 137. 
 Leaseholders under building leases 
 deemed owners, 138. When one- 
 half is assessed on owners, and other 
 half on occupiers, the whole may be 
 levied from occupiers, 139-166. As- 
 sessments may be imposed on all real 
 property, 140. Excepting (1) king's 
 property, 140. (2) Heritable pro- 
 perty mortified or appropriated for 
 charitable purposes, or for use of 
 poor, 142. Dissenting meeting- 
 houses, 142. (3) Public harbours 
 and ferries, 143, 144. Parochial 
 ministers are not liable in respect of 
 manses and glebes, 145. Canals 
 and railways, 146. Mills, coal works, 
 and salt works, 147. Rule for as- 
 sessing minerals, 147. Mines or 
 quarries not assessable unless work- 
 ed, 147. Water company assessable 
 as owners and occupiers of ground 
 in which pipes are laid, 147. By 8 
 & 9 Viet. " real annual value" alone 
 taken in assessing, 148. Rule for 
 estimating real annual value, 148- 
 165. Deduction for repairs, 148. 
 Pei-sons whose incomes do not ex- 
 ceed L.30 not liable for poor when 
 assessment is in respect of means 
 and substance, 149-162. But no 
 special exemption in favour of 
 owners, 149. Parochial board has 
 power to exempt any persons on the 
 ground of inability to pay, 149-162. 
 When assessment is divided into
 
 INDEX. 
 
 halves, 150. Who arc deemed in- 
 habitants with reference to matter 
 of assessment, 150, 151. Party i- 
 liable to be assessed in respect of 
 salary or wages in parish in which 
 his office or workshop is situated. 
 
 152. Parochial minister of Esta- 
 blished Church liable to be assessed 
 on his stipend for the poor of the 
 parish in which he is incumbent, 
 
 153. Dissenting minister assessable 
 on income in parish in which he re- 
 sides, 153. Same rule applicable to 
 ministers of chapels of ease, 153. 
 Part owners of trading vessels, 153. 
 Companies having their -work in 
 one parish, and counting-house in 
 another, 154. Where a party is 
 liable to be assessed as an inhabitant 
 of more than one parish, he may de- 
 termine in which he shall be asses- 
 sed, 155. Owners of lands and 
 heritages may, in respect of occu- 
 pancy, be assessed as occupiers or 
 inhabitants, 156, 161. Railway 
 and canal companies working their 
 own lines, liable to be assessed as 
 owners and occupants, 156. In im- 
 posing assessment in respect of 
 means and substance, board must 
 make a definite estimate of such 
 means and substance, 157. What 
 assessors entitled to include in esti- 
 mate, 158. Parties having a salary, 
 or earning wages by their work, as- 
 sessed in respect of income, 158. In 
 assessing income of inhabitant, in- 
 terest of debts due by him to be 
 deducted, 159 Double assessment 
 in respect of same property is abso- 
 lutely excluded, 160, 161. When 
 value of each inhabitant's estate is 
 determined, a per centage is imposed 
 to raise sum required, 163. Lands 
 and heritages may be distinguished 
 into two or more separate classes, 
 and so assessed, 164. Rule for 
 estimating value of lands, &c., 165, 
 148. Rate may be levied from 
 occupants, 166, 139. Notice of 
 assessment to be given to ratepayers 
 of amount, and time when it is pay- 
 able, 167. Apportionment must be 
 renewed yearly, or half-yearly, 167. 
 Assessment may be imposed accord- 
 ing to local act, or usage, 168. No 
 exemption in favour of members of 
 College of Justice and king's trades- 
 men, 160. But officers of army and 
 navy, residing in the king's service. 
 
 are exempted, 169. Poor in mixed 
 parishes regarded as poor of one 
 parish, 170, 171. Errors and sur- 
 charges may be corrected, 182. 
 Additional assessment may be im- 
 posed, 187. Power to borrow, 188, 
 189. Parochial boards have sole 
 power of determining whether an 
 a-.-e ment -li..ll In- rai-ed. ami rule 
 of apportionment, 246. 
 
 Assessment, how levied, 172. Sheriff's 
 duty ministerial, 172. Suspension of 
 sheriff's small-debt decree for assess- 
 ment is competent, 173. In burghs 
 magistrates have power of enforcing 
 payment of rates, 174. Remedies for 
 recovery of land ami us-.- rd taxes, 
 or other public taxes applicable to 
 assessment for poor, 175. Preferable 
 to private debts in cases of bank- 
 ruptcy or insolvency, 175. 
 
 , appeal from. By suspen- 
 sion or advocation in the Court of 
 Session, 176. Court will not inter- 
 fere to stay payment unless on alle- 
 gation of wilful or corrupt partiality, 
 or of serious errors, 177. Would an 
 action of reduction for repetition be 
 sustained on ground of error merely, 
 177. Court will not ordinarily en- 
 tertain a suspension of assessment 
 except upon payment of rate in 
 the meantime, 178, 301 . Reduction 
 of an alleged assessment as not 
 authorised by statute is not excluded 
 by 8 & 9 Viet., 179. Party com- 
 plaining of assessment on him has a 
 right to inspect the roll, 180. Act 8 & 
 9 Viet, reserves remedy at law as it 
 existed prior to its passing, 181. No 
 assessment void or affected by reason 
 of mistake or variance in name or de- 
 signation of ratepayer, 182. 
 
 -, charge on. Funds must be 
 
 applied to relief of poor entitled to 
 parochial relief, 183. Expense of 
 building house for reception of poor 
 may be raised by assessment, 184, 
 Expense of vagabonds while suffer- 
 ing imprisonment defrayed by parish 
 in which they were apprehended, 
 185. Expense of collecting and 
 distributing fund a proper charge 
 upon it, 186. Also inspector and 
 collector's salaries, 186. Necessary 
 la\v suits, 186. Expense of unne- 
 cessary or improper law suits not 
 chargeable against the funds, 186. 
 
 , fees levied on proclamations of,
 
 INDEX. 
 
 265 
 
 under administration of kirk-session, 
 117. Kirk-session not entitled to 
 exact dues for poor on proclamations 
 of banns, 118. 
 
 Bastards entitled to support, 22. 
 Claim against parish for aliment 
 and inlying expenses, 24. Summary 
 application to Sheriff against puta- 
 tive father of bastard child, 43, 106. 
 As also against mothers of such 
 children, 198. May be prosecuted 
 criminally, 198. Bastards follow the 
 settlement of their mother, 69, 70. 
 See Settlement. 
 
 Beggars. See Vagabonds. Beggars' 
 children, 97, 194. 
 
 Benefit or Friendly Societies, 130. 
 
 Birth. See Settlement. 
 
 Burghs of Barony fall under class of 
 landward parishes, 132. 
 
 Burghs Royal, 132. Extension of 
 royal burghs over portions of adjoin- 
 ing parishes, 135. Poor in royal 
 burghs, and poor in landward dis- 
 tricts attached to them, regarded as 
 poor of one parish, 170, 171. 
 
 Burghal Parishes. Constitution of pa- 
 rochial boards in burghal parishes, 
 217. Qualification of elected mem- 
 bers, 223. See Parochial Board. 
 
 Canals. See Assessment. 
 
 Children, orphans and destitute, en- 
 titled to relief, 22. If living with 
 parents who are not proper objects 
 of relief, 24. Onus that mother is 
 able to support her child lies upon 
 parochial board, 24 Children ex- 
 posed, whose parents are unknown or 
 without settlement, 63-84. Settle- 
 ment of children. See Settlement by 
 Parentage. Emancipation of chil- 
 dren, 76, et seq. Beggars' children, 
 97, 194. 
 
 Collections at Churches, 114. Collec- 
 tions for special purposes, 114. Col- 
 lections atdissenting meeting houses, 
 114. Collections at churches of 
 parishes quoad spiritualia, or chapels 
 of ease, 115. One half of church 
 door collections (under proclamation 
 Aug. 1693) paid over to the general 
 fund for the poor, 116. How other 
 was applied, 116. By 8 & 9 Viet., 
 c. 80 ( 54), ordinary church collec- 
 tions at the disposal of kirk-session, 
 117. Fees levied on proclamation 
 of banns under administration of kirk 
 session, 117. Session-clerk bound 
 to report annually to the Board of 
 
 Supervision the applications of col- 
 lections, 117. Are parochial boards 
 entitled to call kirk-sessions to ac- 
 count for their administration, 117. 
 When kirk-sessions neglected collec- 
 tions at church doors, heritors used 
 to officiate, 248. 
 
 Collectors of Assessment. Collector 
 appointed by parochial board, 247, 
 278. His salary payable out of 
 poor's funds, 186, 247. His books 
 evidence for ascertaining number of 
 votes, 221. The same person may 
 hold both the office of collector and 
 inspector, 278. Must intimate to 
 each person the amount to be levied 
 from him, 278. Levying the assess- 
 ment, 279. Diligence for recovery of 
 assessment in name of collector, 279. 
 
 College of Justice. Exemption in favour 
 of members for payment of poor's 
 rates done away, 169. 
 
 Combinations. Board of Supervision 
 may combine parishes so far as re- 
 gards the poor, 133. Constitution 
 of parochial boards in combinations, 
 216. 
 
 Committees. Board of Supervision may 
 appoint committees, 258. Powers 
 of such committees, 258. Parochial 
 board may appoint committees, 236. 
 Powers of such committees, 236. 
 
 Communion Elements. When sacra- 
 ment is not administered, sums al- 
 lotted for elements fall to the poor, 
 118. But no* action of repetition 
 lies if paid to minister, 118. 
 
 Communion Forms, Tables, and Cloths, 
 expenses of, not charges on poor's 
 funds, 116. 
 
 Companies. How they vote for elected 
 members, 222. (See Appendix, page 
 221.) 
 
 Corporations. Funds raised by con- 
 tributions of members for support of 
 poor, 129. Any member may sue 
 for malversation of fund, 129. How 
 they vote for elected members, 222. 
 (See Appendix, page 221.) 
 
 Desertion of Wife or Children, 43. 
 See Husbands and Fathers. 
 
 Elected Members of Parochial Board. 
 How number is fixed, 218 (note). 
 Election in burghal parishes, 219. 
 (See Appendix, page 225.) In 
 non-burghal, 220. (See Appendix, 
 page 222.) Collector's books evi- 
 dence for fixing number of votes,
 
 266 
 
 INDEX. 
 
 221. Who can vote, J21. Lauds 
 and heritages belonging to a com- 
 pany or joint owners, 222. I Ins- 
 hands vote in respect of wives, 
 
 222. Qualifications for elected mem- 
 bers, 223. How votes are taken at 
 election, 225. When equality of 
 votes, 225. Parishes may be divided 
 into districts, 226. Day of election 
 fixed by Board of Supervision, 227. 
 When validity of election is chal- 
 lenged, 228. Parties returned act 
 in meantime, 229. Inspector making 
 a false return liable in penalty of 
 L.50, 272. 
 
 Emancipation of Children, 76, et seq. 
 
 Employment of Poor when able to 
 do some work, 96. 
 
 English or Irish Paupers. See Re- 
 moval of Paupers. 
 
 Exemptions from assessment, 140, et 
 seq. 
 
 Feu-duties not liable to be assessed for 
 poor, 187. 
 
 Fines for behoof of poor, 120. 
 
 Foreigners entitled to relief equally 
 with natives, 26. See Removal of 
 Paupers Settlement. 
 
 Friendly and Benefit Societies, 130. 
 
 Funds for supplying relief, 114. See 
 Collections Mortifications J\ fort- 
 cloth Dues Game Debts Fines 
 Communion Elements Assessment. 
 
 Game Debts belong to poor, 119. Paro- 
 chial boards entitled to sue for such 
 sums, 119. 
 
 Glean, Poor have no right to glean, 
 121. 
 
 Harbours and Ferries, Public, exempt- 
 ed from assessment, 143, 144. 
 
 Hi i i'ors members of parochial boards, 
 209. Any heritor may call kirk- 
 session to account for management 
 of poors' - funds, 213. See Parochial 
 Board Assessment. 
 
 Heritors and Kirk-session. See Paro- 
 chial Board Kirk-session. 
 
 Husbands and Fathers deserting or 
 neglecting to maintain their wives 
 or children, deemed vagabonds, 198. 
 May be prosecuted criminally before 
 the Sheriff, 198. Husband of owner 
 of lands votes in respect of his wife, 
 222. 
 
 Idiots and Lunntics proper objects of 
 relief, 2", ct art]. ( 'an they acquire a 
 
 settlement by residence, 51. When 
 imprisoned for polio- purposes, sup- 
 ported by parish where taken up, 63, 
 109. When tried and convicted 1>\ 
 Court of Justiciary, parish of settle- 
 ment is liable for aliment, 25. Parish 
 where taken up bears burden, with 
 right of relief against parish of settle- 
 ment when discovered, 25. Paro- 
 chial board to provide for lunatics 
 in asylum, 25, 109. And to report to 
 Board of Supervision all cases of 
 insane or fatuous persons chargeable 
 on the parish, 109. Parishes may 
 contribute to infirmary, lunatic asy- 
 lum, &c., 113. Board of Supervi- 
 sion may place insane or fatuous 
 paupers in lunatic asylums at ex- 
 pense of parish, 266. 
 
 Incorporations, funds of, subject to 
 control of Court of Session, 129. 
 See Corporations. 
 
 Inspector of Poor. Each parochial 
 board to appoint an inspector, 245, 
 
 271. Assistants, 245, 271. Inspec- 
 tor's salary payable out of poors'- 
 funds, 186. To act at election of 
 elected members, 225, 272. Addi- 
 tional inspector, 245. Visit and in- 
 spect personally, at least twice a- y < ; u , 
 allpoorpersons,273. Tokeeparegis- 
 ter of claims refused, 241, 273. May 
 be required by Board of Supervision 
 or parochial board to visit the poor 
 at their residences oftener than twice 
 a-year, 269-273. To report on all 
 matters connected with the manage- 
 ment of the poor, 269-273. Sus- 
 pending or dismissing inspector, 269, 
 276. (See Appendix, page 233.) In- 
 spector making a false return of 
 election of members, 272. Actions 
 by or against the board may be car- 
 ried on in his name, 272. Actions 
 may be carried on by his successor, 
 
 272. Entitled to custody of, and is 
 responsible for all books, writings, 
 &c., 273. Annual returns by inspec- 
 tor. (See Appendix, page 229.) 
 Inquire into circumstances of each 
 individual poor person receiving re- 
 lief, 273. To give interim relief, or 
 to state reasons of refusal, 274. {Ap- 
 pendix, page 262.) Inspector proper 
 party to apply for warrants for re- 
 moval of English or Irish paupers, 
 275. Regulations and instructions 
 issued by Board of Supervision, 277. 
 (See Appendix, pages 217, 232, 262.) 
 Inspector prohibited from selling
 
 INDEX. 
 
 267 
 
 goods to paupers. (See Appendix, 
 page 231.) 
 
 Irish Paupers. See Removal of Pau- 
 pers. 
 
 Justices of the Peace, jurisdiction of, in 
 reference to the poor, 280, et seq. 
 See Sheriffs. 
 
 King's properly not liable in assess- 
 ment, 140. Where it is a benefi- 
 ciary possession of any of the lieges, 
 
 140. All crown property by gene- 
 ral rule exempted from taxation, 
 
 141. Public harbours and ferries, 
 143. 
 
 Kirk- session. Ordinary church collec- 
 tions belong to and at disposal of 
 kirk-session, 117. Also fees exacted 
 on proclamations of banns, 117. 
 Mortcloth dues, 118. Cannot exact 
 dues for poor on proclamation of 
 banns, 118. Funds or property 
 vested in kirk- session alone for 
 behoof of the poor, 123. Heritors 
 entitled to call kirk-session to ac- 
 count, 213. No elder can be a 
 member of parochial board in non- 
 burghal parishes, unless he pays 
 assessment for poor, 223. Members 
 of parochial board appointed by 
 kirk-sessions, 224. When kirk- 
 sessions neglect church door collec- 
 tions, can heritors interfere, 248. 
 
 Limitation of right to bring an action, 
 
 255. 
 Lunatic Paupers. See Idiots. 
 
 Magistrates of Burghs, jurisdiction of, 
 in reference to the poor, 204, et seq. 
 See Parochial Board. 
 
 Mandatory. Heritors entitled to ap- 
 point a mandatory to vote and act 
 for them, 234. 
 
 Marriage. See Settlement by. 
 
 Marriage Dues. See Banns Kirk- 
 session. 
 
 Married Women. See Settlement by 
 Residence by Marriage by Paren- 
 tage and by Birth. 
 
 Medical Officer may be suspended or 
 removed, 265. Medical Relief. (See 
 Appendix, pages 233-235, and 251.) 
 
 Minerals. See Assessment. 
 
 Minister (parochial) not liable in as- 
 sessment in respect of manse and 
 glebe, 145. But liable to be as- 
 sessed in respect of his stipend, 153. 
 
 Mortcloth Dues part of the poors' 
 
 fund, 118. Kirk-session may ac- 
 quire exclusive privilege of letting 
 out mortcloths, 118, 249. Private 
 societies may by usage acquire a 
 joint right, 118, 249. Must such 
 dues be paid over to parochial 
 board, 118. Dues for ringing bells 
 and burying in churches do not 
 belong to poor, 118. 
 Mortifications, 122. Mortifications for 
 behoof of poor generally fund under 
 administration of parochial board, 
 122. Mode of voting under morti- 
 fications may be affected by usage, 
 122. How funds are to be inves- 
 ted, 123. Only ordinary poor can 
 claim benefit of mortifications for 
 behoof of the poor generally, 124. 
 Cannot be altered from specific 
 destination, 125. Inversions of use 
 of mortifications, 125. Action a- 
 gainst managers misapplying funds, 
 126. Power to inspect foundations 
 of hospitals, 127. Control of Court 
 of Session, 128, 308. Court may, 
 on failure of administrators, supply 
 deficiency, 128. Administration of 
 parochial boards, 251. 
 
 Navy Pensioners. See Pensioners. 
 
 Notice of pauper having become 
 chargeable to be made by parish 
 affording relief to parish of settle- 
 ment, 102. Notice to be given to 
 ratepayer of amount to be levied 
 from him, and time when it is pay- 
 able, 167. Notice to challenge 
 validity of election of elected mem- 
 bers, 228. Notice of meeting of 
 parochial board, 233. Notice of 
 action to be raised, 255. Form and 
 manner of notice not prescribed by 
 act may be prescribed by Board of 
 Supervision, 270. (See Appendix, 
 page 220.) 
 
 Officers of Army and Navy residing on 
 King's service exempt from assess- 
 ment as inhabitants, 169. 
 
 Owners. Who are deemed " owners " 
 under 8 & 9 Viet., 136. Lease- 
 holders under building leases, 138. 
 Owners of lands and heritages may 
 be also assessed in respect of occu- 
 pancy as occupiers or inhabitants, 
 156-161. Husbands of owners vote 
 in respect of their wives, 222. 
 
 Parish. No lands are extra-paro- 
 chial, 61. Constitution of parochial
 
 268 
 
 INDKX. 
 
 boards burghal parishes, 217. 
 Other parishes, 218. Annexation 
 or disjunction quoad sacra does not 
 affect the management of the poor, 
 1 88, 2 1 1 . Combination of parishes, 
 so far as regards the poor, 133. 
 1'arish may be divided into dis- 
 tricts for choosing elected members, 
 226. 
 
 Parochial Board may sue and be sued 
 in name of inspector, 100. Are 
 parochial boards entitled to call 
 kirk-sessions to account for collec- 
 tions, &c., 117. Entitled to sue for 
 game debts, 119. Administration 
 of sums or mortifications left for 
 behoof of poor generally, 122. Pro- 
 perty vested in former adminis- 
 trators of poors' funds transferred 
 to parochial boards, 123, 237. 
 Funds mortified or bequeathed for 
 nse of poor now vested in parochial 
 boards, 123. If not specially di- 
 rected to be otherwise invested, to 
 be lodged in bank, 123. Power to 
 exempt persons on ground of inabi- 
 lity to pay assessment, 149. Must 
 make a definite estimate of means 
 and substance before imposing such 
 assessment, 157. Empowered to 
 determine that land and heritages 
 be distinguished into classes, and to 
 fix rate of assessments, 164. May 
 correct errors or surcharges in as- 
 sessment, 182. May impose addi- 
 tional assessment, 187. May borrow 
 money on security of assessment, 
 188. Also for erection and repair 
 of poors' houses, 189. Jurisdiction 
 formerly in heritors and kirk- ses- 
 sions, 204, et seq. Administration 
 of the poor vested in parochial 
 board by 7 & 8 Viet. c. 83, 208. 
 In royal burghs, unassessed, magis- 
 trates and council constitute the 
 board, 209. In non-assessed pa- 
 rishes it is composed of minister, 
 elders, and heritors, 209. Proprie- 
 tors of lands or houses liable in 
 poors' rates are considered heri- 
 tors, 209. In mixed parishes magis- 
 trates of the burgh are members 
 along with heritors and kirk-session, 
 209. To constitute board, not ne- 
 cessary that one of each class be 
 present, 210. Separation or annex- 
 ation of a parish quoad sacra does 
 not affect management of the poor. 
 211. In nnassessed royal bnrghs, 
 forming parishes of themselves. 
 
 management of poor solely in the 
 magistrates, 212. Right to call 
 kirk-sessions to account reserved to 
 board, 213. Board has sole right 
 of resolving whether assessment 
 should be imposed, and rule of 
 assessment, 214, 246. When assess- 
 ment has been imposed, new board 
 must be formed, 215. Composition of 
 board in burghal parishes, 217. In 
 other parishes, 218. Elected mem- 
 bers, 219-223. When qualification 
 of a member of board is disputed, 
 suspension and interdict is compe- 
 tent, 230. Chairman elected annu- 
 ally, 231. Board fixes days and 
 places for stated meetings, and to 
 adjourn such meetings, 232. Special 
 meetings, 232. Notice of meetings, 
 233. Each member of board entitled 
 to one vote, 234. Boards may appoint 
 committees, 236. Members entitled 
 to access to the books, 236. Pro- 
 perty vested in board, 237. Juris- 
 diction of parochial boards, 238. 
 Making up lists of the poor, 239. 
 Review of Court of Session of deci- 
 sions of board, 243. Sheriffs cannot 
 entertain application for an order 
 unless applicant previously apply to 
 board, 244. Inspector of poor, 241, 
 245. Cannot afterwards appoint ad- 
 ditional inspector, 245. Funds morti- 
 fied for the poor, 251. Remedy when 
 board does not implement an order 
 by the sheriff to grant relief, 253. 
 Board of Supervision may apply to 
 Court of Session in event of anj r 
 neglect or refusal, 254, 290. Actions 
 to be raised before sheriff-court, 255. 
 When board has resolved to raise 
 funds by assessment, it cannot de- 
 part from resolution without consent 
 of Board of Supervision, 263. Ad- 
 vocation is proper form of bringing 
 determination of heritors and kirk- 
 session under review of Court of 
 Session, 306. Where parochial board 
 has not given a written judgment, 
 307. 
 
 Passes to Poor, inspectors prohibited 
 from granting. (See Appendix, page 
 228.) 
 
 Pensioners, Army and Navy, advances 
 to on assignment to their pensions, 
 108. Pension may be received by 
 parish if pensioner desert his wife 
 and family, 108. 
 
 Poor entitled to relief. Sec Relief. 
 
 , removal of. Son Jlemornl.
 
 INDEX. 
 
 269 
 
 Poors' -Houses. Parish or combination 
 can erect poors'-houscs, 110. Power 
 to borrow money to erect and en- 
 large them, 110. Two or more 
 parishes may build a common 
 poors'-house, 110. Regulations for 
 discipline and treatment of inmates, 
 111, 264. Medicine for sick in- 
 mates, 111, 265. Paupers of one 
 parish may be received into poors'- 
 house of another parish, 112. 
 Board of Supervision has super- 
 intending authority over poors' - 
 houses, 263. (See Appendix, page 
 236.) 
 
 Poors' 1 -Roll of Court of Session, when 
 Board of Supervision declare that 
 a pauper has a just cause of action, 
 he is entitled to benefit of, 267. 
 
 Presbytery Clerk, fees to, not chargeable 
 on poors' funds, 116. 
 
 Proclamations of Privy Council : 
 August 1692 (14 see Appendix, 
 page 169). August 29, 1693 (15 
 see Appendix, page 173). July 31, 
 1694 (16 see Appendix, page 174). 
 3d March 1698 (17 see Appendix, 
 page 175). 
 
 Quarries. See Assessment. 
 
 Railway. See Assessment. 
 
 Register Book of paupers admitted to 
 the roll, 241. Of claims refused, 
 241, 273. (See Appendix, page 231.) 
 
 Relief. Principle upon which provi- 
 sion is founded for relief to poor, 1 
 (note). Classes entitled to relief 
 under act 1579, 9. Three classes of 
 poor, 19. Aged poor, 21. Destitute 
 children, 22. Persons physically 
 disabled, 23. No one entitled to 
 relief who is able to work for his 
 livelihood, 23. Widows, &c., of 
 ordinary strength, with one or two 
 children, 24. Onus that the mother 
 is able to support her child lies on 
 the parish, 24. Mother of a bas- 
 tard's claim for aliment, &c., against 
 parish, 24. Idiots and lunatics, 25. 
 Fiscal entitled to relief for lunatics' 
 maintenance from parish, 25. In- 
 sane and fatuous persons to be 
 lodged in lunatic asylums, 25. 
 Foreigners are entitled to relief, 26. 
 Applicants for relief must be desti- 
 tute of funds of their own, 31. 
 What if pauper have relations able 
 to support him, 32, et seq. Claims 
 for relief made to the inspector, 241. 
 
 Complaint on account of inadequate 
 relief, 99. 
 
 Relief (temporary). Persons in ge- 
 neral able to support themselves 
 entitled to relief during temporary 
 sickness, 27. Provision under late 
 Act, 27. Able-bodied men not en- 
 titled to relief when reduced to 
 temporary want, 28, et seq ; nor for 
 their children, 30. 
 
 , Refusal of. Register of claims 
 
 refused, to be kept, 241, 273. 
 Sheriff on refusal to decide on 
 claim, 242, 292. Before resorting 
 to Sheriff, application must be first 
 made to the board, 244, 285. In- 
 spector must state his reasons for 
 refusal within 24 hours, 274. She- 
 riff cannot fix amount of future 
 aliment, 288-292. Sheriff may order 
 inspector to lodge a statement of 
 his reasons of refusal and to decide 
 on claim, 98, 292. {Appendix, 
 page 262.) When Board of Super- 
 vision has declared that pauper 
 has a just cause of action, 99. Re- 
 gulations of Board of Supervision in 
 causes of paupers complaining of 
 inadequate relief. (See Appendix, 
 page 214.) Advocation proper form 
 for bringing judgment of parochial 
 board before Court of Session, 100. 
 An ordinary action or summary 
 process of aliment is an inept mode 
 of compelling parish to grant relief, 
 100. 
 
 and Recourse. Nature and 
 
 amount of relief determined by pa- 
 rochial board, 93. Offer to take 
 applicant into a poors'-honse is in 
 general sufficient, 94, 112. Such 
 poor as are able to work may be 
 employed by the parish, 96. Those 
 who refuse to work liable to be treat- 
 ed as vagabonds, 96. What if pa- 
 rent refuse to consent to child being 
 sent to labour, 97. Who were called 
 in actions against heritors and 
 kirk-session, 100. Parochial board 
 may now sue and be sued through 
 their inspector, 100. Parish in which 
 a destitute pauper applies for relief 
 must maintain him till parish of 
 settlement is ascertained, 101. What 
 if pauper is refused relief, and, with- 
 out appealing to Sheriff, applies and 
 obtains relief in another parish, 101. 
 Parish affording relief to intimate 
 claim to parish of settlement, 102. 
 Recourse may be barred by undue
 
 270 
 
 IXDKX. 
 
 (May in nuking demand, ini'. i;. 
 
 lieviug parish entitled to reeover ;it 
 the rate expended for its own poor, 
 102. If relieving parish calls more 
 than one defender in an action of 
 recourse, competent to award ex- 
 penses of a co-defender against 
 parish found liable, 103. Action 
 competent before judge ordinary, 
 240. Parishes and individuals 
 maintaining paupers whom they 
 are not bound to maintain, are en- 
 titled to sue for relief of their future 
 support, 104. No action of relief 
 lies against the parish of settlement 
 of a poor person until a claim is 
 actually made for support, 105. 
 Parish may proceed summarily 
 against putative father of a bastard 
 child, 106. Where a parish has 
 alimented an individual without 
 taking a conveyance to his property, 
 it cannot, after his death, have re- 
 course upon his property, 107. Can 
 a parish laim repayment of its ad- 
 vances from a pauper succeeding to 
 funds, 107. Advances may be made 
 to pensioners, 108. 
 
 Removal of Paupers, 88, et seq. Order 
 for transporting paupers under pro- 
 clamation llth August 1692, 89. 
 Parish of settlement failing to re- 
 move pauper, or to make provision 
 for his support (8 & 9 Viet., c. 83, 
 72), 89. No one can be removed 
 from a parish on suspicion merely 
 that he may become chargeable, 90. 
 u Warning away " persons settling 
 in a parish, who may ultimately 
 require parochial relief, 91. Removal 
 of English or Irish paupers who have 
 not acquired a settlement in Scot- 
 land, 92, 294. Parties so removed 
 returning to Scotland and applying 
 for relief, liable to be imprisoned, 
 92, 198. Inspector proper party to 
 apply for warrant, 275. Or to pro- 
 secute parties returning, 275. He- 
 ritors refusing to send vagrants out 
 of the parish, 296. 
 
 Residence. See Settlement. 
 
 Rules and Regulations of Board of 
 Supervision. (Appendix, No. VIII. 
 page 214.) 
 
 Session, Court of, has an inherent juris- 
 diction over all inferior civil judica- 
 tories, 298. Competent to review 
 proceedings of parochial board, 298, 
 -'i'.i. Act 8 & 9 Viet, does not 
 
 exeludc review, 243. Control of 
 funds mortilieil lor the poor, 251, 
 308. Powers of privy council for 
 fining heritors and kirk-sessions ne- 
 glecting their duty invested in Court 
 of Session, 252-305. Remedy n hen 
 parochial board does not implement 
 an order by the SheriiF to grant 
 relief, 253. Board of Supervision 
 may apply to Court in the event of 
 any neglect on part of parochial 
 boards, 254. Not competent for 
 any court of law to entertain any 
 action relative to the amount of 
 relief, unless Board of Supervision 
 shall previously declare there is a 
 just cause of action, 300. When 
 Board of Supervision so declare, a 
 pauper is entitled to benefit of the 
 poors-roll of Court of Session, 267. 
 Validity of assessment may be tried 
 by suspension or reduction, 301. 
 Court will not, in first instance. 
 exercise any powers committed to 
 parochial board, 302. Advocation 
 is proper form of bringing determi- 
 nations of heritors and kirk- sessions 
 under review of Court of Session, 306. 
 Control over trustees of mortifica- 
 tion, 308. 
 
 Session Clerk. His salary a proper 
 charge on collections, 116. Bound 
 to report annually, 117. 
 
 Settlement, 47, et seq. 
 
 by Birth. Parish of birth 
 
 must support paupers having "no 
 other settlement, 81. The relation 
 of the child to the father's birth 
 settlement same with that to his 
 settlement by residence, 82. Same 
 applicable to case of a widow, 61. 
 What if child after emancipation. 
 or a widow after husband's death, 
 loses by lapse of time a residential 
 settlement of father or husband, 83. 
 What parish is liable if infant ehild 
 is found exposed, 84. What if fa- 
 ther has no settlement, and has 
 deserted his family, 85. What if 
 mother removes to a neighbouring 
 parish to be delivered of a bas- 
 tard child, 86. What if mother has 
 gone to a maternity hospital in an 
 adjoining parish to be delivered, 86. 
 What if mother is delivered in the 
 course of compulsory removal to her 
 own parish, or during imprisonment, 
 87. 
 
 by Residence. Who may 
 
 acquire settlement by residence, 48.
 
 INDEX. 
 
 271 
 
 Period of residence to acquire it, 
 48, 57. Foreigners may obtain it, 
 48. Married women during mar- 
 riage cannot acquire a settlement 
 independent of husbands, 49. Where 
 husband has no settlement in Scot- 
 land, but wife resides in a parish for 
 period to acquire a settlement, 49. 
 Children in puberty cannot obtain 
 a settlement by residence, 50. 
 Where child past puberty and in- 
 sane, or unable to work, 50. Can 
 idiots acquire a settlement, 51. 
 What if temporary relief has been 
 accepted or applied for from parish 
 during temporary disability by sick- 
 ness, 52. Must residence be indus- 
 trial, 53. Party may acquire such 
 a settlement, though unable to work, 
 if maintained by friends, "&c., with- 
 out recourse to begging, &c., 53. 
 If party disabled has funds of his 
 own, 54. Mere residence sufficient 
 to obtain a settlement, 55. Resi- 
 dence must be continuous, 56. How 
 settlement is lost, 57-59. Where 
 party had acquired a three-years' 
 settlement, and also become " proper 
 object of parochial relief," prior to 
 passing of 8 & 9 Viet., c. 83, 57. 
 Where a party had successive resi- 
 dence, under former law, in different 
 parishes, 58. A parish not pre- 
 cluded from pleading 76th section, 
 though liable in relief of advances 
 made to a pauper prior to passing 
 of act 8 & 9 Viet., c. 83, 59 ; and 
 note, 60. When new settlement 
 is acquired, the parish of former 
 settlement is liberated, 61. Resi- 
 dence in Scotland implies resi- 
 dence within a parish, 61. Parish 
 of settlement, by residence, primarily 
 liable in pauper's support, 62. Where 
 settlement lost by five years' absence, 
 62. Cases prior to 8 & 9 Viet., c. 
 83, where a parish, in which a pauper 
 was residing or was found, required 
 to advance an interim aliment, 63. 
 Settlement by Marriage. A woman by 
 marriage acquires settlement of hus- 
 band, 64. Her own settlement is 
 suspended, 64. But that only when 
 husband has not a settlement in 
 Scotland, 65. Wife deserted by her 
 husband cannot acquire by residence 
 a settlement, 65. Settlement of 
 deceased husband continues to be 
 that of his widow until she acquires 
 a new settlement, 66. By divorce 
 
 the woman loses her husband's set- 
 tlement, and maiden settlement re- 
 vives, 67. Settlement acquired by 
 marriage cannot attach to the wife's 
 children by a former marriage, 68. 
 Nor to an illegitimate child borne by 
 her before or after her husband's 
 death, 68. 
 
 Settlement by Parentage. Settlement of 
 children not emancipated is deter- 
 mined by that of their parents, 69. 
 Legitimate children follow settle- 
 ments of father, 69. If mother, af- 
 ter husband's death, acquires a new 
 settlement by residence, her new 
 settlement becomes that of her child- 
 ren, 69. But if father had no known 
 settlement, 69. Illegitimate child- 
 ren follow settlement of their mother, 
 69. Child's settlement in parish of 
 settlement of parents, though that 
 acquired by residence of the parents 
 of the child's parent, 70. Death of 
 parent does not deprive child of his 
 settlement, 71. Residence of child 
 does not affect question of its settle- 
 ment, 72. Does a woman acquire 
 by marriage the settlement of her 
 husband, not only for herself but for 
 her children, 73. Settlement by pa- 
 rentage ceases on a child acquiring a 
 settlement by residence, 74. Or a 
 daughter by marriage, 74. Settle- 
 ment so acquired subsists till dis- 
 charged, 75. After emancipation, 
 child does follow settlement of father 
 subsequently obtained, 76. General 
 principle of law of England, 78. 
 Rule in Scotland, 79. A daughter 
 emancipated by her marriage, 80. 
 
 Settlement, cases of disputed, between 
 parishes for relief from pauper main- 
 tenance, competent to Sheriff, 240, 
 288. 
 
 Sheriff's and Justices of the Peace. 
 Their jurisdiction as to ordinary 
 poor, 280, et seq. Inferior judge 
 competent to determine questions as 
 essential to the explication of his 
 proper jurisdiction, 288. Sheriffs 
 competent to decide question be- 
 tween parishes as to settlement of a 
 pauper, and burden of his mainte- 
 nance, 240, 288. Judgment subject to 
 review of Court of Session, 242, 243. 
 All actions to be raised before 
 sheriff-court, 255, 295. Sheriff can- 
 not fix amount of future aliment to 
 a pauper, 288. But he may award 
 decree against a parish for a specific
 
 272 
 
 IXOKX. 
 
 amount advanced by a parish entitled 
 to relief, 288. Sheriff has jurisilii-- 
 tion in actions against parishes at 
 instance of individuals who have 
 supported paupers, 289. Power to 
 ordain heritors and kirk-sessions to 
 inert and consider diiim-. and give 
 a deliverance thereon, 290. Power 
 to gee Actsof Purliainentput into due 
 execution, 291. Ap|)lic:itiii on re- 
 i'u-al of n-licf, 292. Power to decide 
 as to validity of elections of members 
 of parochial boards, 293. Sheriffs, or 
 two justices, may grant warrant of 
 removal of English or Irish paupers, 
 Hi', 294. To punish parents deserting 
 their families, 198, 294. May grant 
 warrant summarily for recovery of 
 all penalties incurred under the 
 statute, 294. Penalties against 
 giving alms to beggars out of their 
 proper parish, 296. Powers as to 
 execution of laws against vaga- 
 bonds, 297. 
 
 Statutes and Proclamations, summary 
 of (1) et seq. 1424, c. 7. c. 25 
 and 42 and 1425, c. 66. (2) 
 1427, c. 103. 1449, c. 22. 1455, 
 c. 45. 1457, c. 79. 1477, c. 77. 
 (3) 1503, c. 70. 1535, c. 22. (4) 
 1579, c. 74. (5 and 6) Appendix, 
 page 161. 1592, c. 149. 1597, c. 
 272. (7) 1600, c. 19. 1617, c. 8. 
 1617, c. 10. (8) 1661, c. 38. 
 1661, c. 42. (9) 1663, c. 16. (10) 
 1672, c. 18. (11 and 12, Ap- 
 pendix, page 168). 1695, c. 43. 
 1696, c. 19 and 1698, c. 21. (13) 
 Proclamations 1692, 1693, 1694, and 
 1698, 14-18 Appendix, 169-175. 
 Are Scots statutes superseded by 
 the proclamation of Privy Council, 
 14 (note). 4 & 5 Viet., c. 60, 25. 
 Act 8 & 9 Viet., c. 83, 26, et seq. 
 (Appendix, page 178.) 
 
 Supervision, Board of, how constitu- 
 ted, 256. Holds two stated general 
 meetings annually, 257. May ap- 
 point committees, 258. (See Ap- 
 pendix, p. 229). Entrusted with 
 special powers of oversight and con- 
 trol, 203. Member, or secretary, or 
 clerk, may attend meetings of paro- 
 chial board, 235, 260. May com- 
 plain to Court of Session in event of 
 any neglect or refusal of parochial 
 boards, 254, 268, 290. Empowered 
 to combine parishes so far as regards 
 support of poor, 133, 261. Report 
 annually to the Secretary of State, 
 
 259. Inquire into management of 
 poor in any parish, 259. Clerks, 
 messengers, and officers, 2f>9. May 
 combine parMirs, I'i'.l. Ha- power 
 of fixing the number and quali- 
 fications of elected members, L'lii'. 
 
 Dividing parish. > into district- 
 or wards, 262. Parochial board 
 ri quires consent to alter resolu- 
 tion to raise funds by assessment. 
 263. Poor-houses, 264. Supply 
 of medicines, 265. Power to sus- 
 pend or remove medical men em- 
 ployed by Board, 265. Insane or 
 fatuous paupers, 266. Consent of 
 board necessary to sanction a pauper 
 instituting an action for redress, 267. 
 May award pauper interim aliment 
 during its dependence, 267. Board 
 entitled to recover the penalties im- 
 posed by the act, 268. 
 
 Tender of sufficient amends before or 
 after action is raised, 255, 295. Does 
 not extend to a reduction of an 
 alleged assessment as in violation of 
 the statute, 255. 
 
 Unemployed persons, 199, et seq. Per- 
 sons in general able to support them- 
 selves, 27. Lawful to relieve poor 
 who are only temporarily incapaci- 
 tated from supporting themselves, 
 27. Able-bodied men are not en- 
 titled to relief for themselves, nor 
 for their children, 28, 29, 30. Un- 
 employed persons have no right to 
 demand work from parish, 202. 
 
 Vagabonds. Who are so, 190, et seq. 
 Punishment of, 193. Expense of 
 maintaining them in prison falls 
 on parish where apprehended, 185. 
 Allowance to, 193. Vagabonds to 
 be seized and employed in manufac- 
 tories, &c., 194. Receptors of vaga- 
 bonds, 195. Execution of pen- 
 alties against, 196. English and 
 Irish paupers returning and becom- 
 ing again chargeable deemed vaga- 
 bonds, 198. Also husbands and 
 fathers deserting or neglecting to 
 maintain their wives and families, 
 92, 198. Inspector proper party to 
 prosecute, 275. Powers of Sheriff 
 as to execution of laws against 
 vagabonds, 297. See Removal of 
 Paupers. 
 
 Vagrant Act. Does it extend to Scot- 
 land, 197.
 
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