XXXVIII, And whereas the church of the said parish is at a considerable distance from the most populous part of the said parish, and it is desirable that some regular hour should be fixed and appointed for funerals; Be it therefore further enacted, That from and after the passing of this act, when any person or persons is or are to be buried in the present burial ground of the said parish, or that to be purchased as aforesaid, after consecration of the same, the funeral or funerals of such person or persons shall take place between the hours of two and three of the clock in the afternoon; and if it shall happen that any funeral shall by the desire or neglect of the person or persons conducting the same, not take place between the hours aforesaid, then and in every such case there shall be paid to the vicar or curate, clerk and sexton of the said parish respectively, the following further sum or sums of money, over and above the usual fees due on every burial (that is to say,) to the vicar for the time being there shall be paid the further sum of five shillings, to the clerk for the time being the further sum of two shillings and sixpence; and to the sexton for the time being the further sum of one shilling. XXXIX. And be it further enacted, That from and after the consecration of the ground so to be purchased in pursuance of this act, no grave hereafter to be made in the said intended new burial ground, or in the present burial ground of the said parish, shall be less than six feet deep for the first time of burying in such grave. XL. And be it further enacted, That where any distress shall be made for any sum or sums of money to be levied in pursuance of this act, the distress itself shall not be deemed to be unlawful on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity committed or suffered after such distress, but the party or parties aggrieved thereby shall and may recover only a satisfaction for the special damage he she or they shall have sustained thereby, with full costs of suit; provided nevertheless, that no plaintiff or plaintiffs shall recover in any action for any such irregularity as aforesaid, if tender of sufficient amends hath been made by the party or parties distraining, before such action brought. XLI. And be it further enacted, That out of the first monies which shall be received by virtue of this act, or out of the first monies which shall be borrowed or raised upon the credit of the rates herein before granted, the said trustees shall pay and defray all the costs, charges, and expences incident to and attending the obtaining and passing this act, in preference to all other payments whatsoever; and after payment thereof, all the money which shall arise or come into the hands of the said trustees or their treasurer, shall from time to time be applied in carrying into execution the purposes of this act, and in defraying all charges and expences attending the same, and to and for no other use or purpose whatsoever. XLII. And be it further enacted, That all penalties and forfeitures by this act imposed, the manner of recovering which is not hereby otherwise directed, shall be levied and recovered by distress and sale of the goods and chattels of the offender or offenders, by warrant of any justice or justices of the peace for the county or place wherein the offender or offenders shall be or reside, which warrant such justice or justices is and are hereby authorized to grant, upon confession of the party, or upon the information of any credible witness upon oath, and the penalties or forfeitures shall (if not otherwise directed to be applied by this act) be paid to the treasurer to the said trustees, and applied for such of the purposes of this act as the said trustees shall think proper; and in case such penalties or forfeitures shall not be forthwith paid upon demand made before such justice or justices, or sufficient distress cannot be found, the said justice or justices is and are hereby authorized and required, by warrant under his and their hand and seal or hands and seals, to cause the offender or offenders to be committed to the common Gaol or House of Correction within such county or place, there to remain, without bail or mainprize, for any time not exceeding six calendar months, unless such penalties or forfeitures, and all reasonable charges attending the recovery thereof, shall be sooner paid and satisfied. 57 Geo. III. c. 21. Time fixed for Limiting the depth of Graves hereafter to be made. Distress not to be deemed unlawful for want of form. For paying the Recovery and application of Penalties. XLIII. And be it further enacted, That in all cases where any conviction Form of Convic shall be had for any offence or offences committed against this act, or tion. 57 Geo. III. c. 21. Allowing an Notice to be given before any Action commenced. Amends may he tendered before Action brought. against any order of sessions, or any matter or thing done in the execution of this act, the form of conviction shall be in the words or to the effect following; (that is to say,) "Be it remembered, That on this to wit. "in the year of our Lord "before "the day of A. B. is convicted of His Majesty's Justices of the Peace for of having [as the case may be,] and I, [or, we,] the "said justice [or, justices,] do adjudge him [her or them] to forfeit "and pay for the same the sum of "Given under my hand and seal, [or, our hands and seals,] the day and year aforesaid." XLIV. And be it further enacted, That if any person or persons shall think himself, herself, or themselves aggrieved by any such rate or rates, assessment or assessments, or by reason of any order, judgment, or determination of any justice or justices of the peace, acting in the execution of this act, or by any matter or thing done under or in pursuance thereof, then and in every such case he she or they may appeal to the next general Quarter Session of the peace which shall be holden for the said East Riding, which shall happen next after the expiration of thirty days after the cause of complaint shall have arisen, such appellant or appellants first giving or causing to be given ten days notice at the least of such appeal, and of the matter thereof, to the party or parties appealed against, and within two days next after such notice entering into a recognizance in the sum of twenty pounds before some justice of the peace for the said riding, conditioned for prosecuting such appeal, and to abide the order thereon, and to pay such costs as shall be awarded by the justices at such sessions; and the justices assembled at such sessions, upon due proof of such notice having been given, and of entering into such recognizance, shall hear and determine the matter of such appeal in a summary way, and award such costs to the party appealing, or appealed against, as they the said justices shall think proper, and also to order and award such satisfaction to be made to the party injured as they shall think just and reasonable. XLV. And be it further enacted, That no action or suit shall be commenced against any person or persons whomsoever, for any matter or thing by him her or them done in pursuance of this act, until notice in writing of such intended action or suit shall have been delivered to him her or them, or left at his her or their last or usual place of abode, by the party intending to commence such action or suit, or his or her attorney or agent, one calendar month at least before such action or suit shall be commenced, in which notice shall be clearly and explicitly contained the cause of action which the plaintiff hath, or claimeth to have, against such person or persons, and on the back of such notice shall be indorsed the name of such plaintiff, his attorney or agent; and that no such plaintiff shall recover any verdict in any such case where the action shall be grounded on any act or acts done in pursuance or under colour of this act, unless it be proved upon the trial to be had thereupon that such notice was given as aforesaid, that in default thereof such defendant or defendants shall recover a verdict, together with his her or their full costs of suit. XLVI. And be it further enacted, That it shall be lawful for any such defendant or defendants, within one calendar month next after such notice given as aforesaid, to tender amends to the party complaining, or to his or her agent or attorney, and in case the same be not accepted, to plead such tender in bar to any action to be brought against him or her, together with the plea of not guilty, or any other plea, with leave of the court where such action shall depend; and if upon issue joined thereon the jury shall find the amends so tendered to have been sufficient, then they shall give a verdict for the defendant or defendants, and in such case, or in case the plaintiff shall become nonsuited, or shall discontinue his or her action, or in case judgment shall be given for such defendant or defendants upon demurrer, such defendant or defendants shall be entitled to the like costs as he or they would have been entitled to in case he or they had pleaded the general issue only; and if upon issue joined the jury shall find that no amends were tendered, or that the same were not sufficient, and also against the defendant or defendants on such other plea or pleas, then they shal! give a verdict for the plaintiff, and such damages as they shall think proper, which he shall recover, together with his or their costs of suit. 57 Geo. III. c. 21. XLVII. And be it further enacted, That no evidence shall be permitted to be given by the plaintiff on the trial of any such action as aforesaid, of any cause of action except such as is contained in the notice hereby directed No Evidence on to be given. Trial of other cause of Action XLVIII. And be it further enacted, That neither the said trustees, or any than mentioned of them, or any inhabitant of the said parish, shall in any action, prosecu- in such Notice. tion, information, cause, hearing, examination, or other proceeding what- Trustees and soever, relating to or concerning the execution of this act, or concerning Inhabitants not to be incompetent the said parish, be deemed an incompetent witness or witnesses by reason Witnesses. of his her or their being such trustee or trustees or his her or their being such inhabitant or inhabitants as aforesaid, or his her or their being charged with or liable to pay any rate or assessment, to be raised, levied and collected under or by virtue of this act. Limitation of Actions. XLIX. And be it further enacted, That if any action or suit shall be brought or commenced against any person or persons for any thing done in pursuance of this act, such action or suit shall be brought and commenced within three calendar months next after the fact committed, and not afterwards, and be laid and brought in the county or place where the cause of action shall arise, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act, General Issue. and the special matter, in evidence at any trial to be had thereupon; and if the plaintiff or plaintiffs shall become nonsuited, or discontinue such action or suit, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have such remedy for such costs as any other defendant or defendants bath or have for costs in any case by law. Treble Costs. L. And be it further enacted, That this Act shall be deemed and Public Act. taken to be a Public Act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. Persons not to gain a Settlement by paying the Rates That Bastards, if born in the Gaol, &c. shall follow the Settlement of the Mother. An Act for building a New Goal, &c. (for Title see page 3.) XXXV. And be it further enacted, That no person or persons who shall be charged with or pay any rate or assessment to be made by virtue and in pursuance of this act, shall gain, or be thereby deemed or construed to gain, any settlement in the said parish of the Holy Trinity, for himself, or any of his or their family. XXXVIII. And be it further enacted, That from and after the passing of this act no bastard which shall be born in the Workhouse or House of Correction, now made use of, or hereafter to be made use of as such, or in the new intended Goal for the said town of Kingston-upon-Hull, or in the General Infirmary or Hospital intended to be erected near the said town, shall obtain or be entitled to a settlement within the parish or parishes respectively wherein such Workhouse or House of Correction, Gaol, or General Infirmary or Hospital, do or shall stand, by means of such birth, but shall follow the settlement of the mother of such bastard, in case the settlement of such mother can be known or proved; but if the settlement of the mother cannot be known or proved, then such bastard shall be entitled to settlement by birth. Preamble recites 5 Geo. IV. Cap. 13. Royal Assent, 31st March, 1824. An Act for the better Maintenance, Employment and Regulation of the Poor of the Town of Kingston-upon-Hull, and for repairing or rebuilding the Workhouse there. I. WHEREAS an act was passed in the ninth and tenth years of the 9 and 10 Will.111. reign of King William the Third, intituled, "An Act for erecting Workhouses and Houses of Correction in the town of Kingston-upon-Hull, for the employment and maintenance of the poor there," whereby the mayor, recorder and aldermen of the said town for the time being, and four-andtwenty other persons, to be chosen out of the honestest and discreetest inhabitants of the said town, by the six wards in the said town; (that is to say,) four out of each ward, to be elected and constituted as is therein mentioned, There is no local Act for the Poor of Sculcoates, they are managed by the general Law of the land, and particularly by the 22 Geo. III. c. 83, commonly called Gilbert's Act, and several Acts subsequently passed for amending the same. were and are incorporate by the name of "The Governor, Deputy Governor, Assistants and Guardians of the Poor in the said town of Kingston-uponHull," and were empowered in their courts or assemblies, from time to time, to set down and ascertain what sum or sums of money would be needful for the building and erecting of Hospitals, Workhouses or Houses of Correction, so that the same did not exceed the sum of two thousand pounds; and also, what sum or sums of money would be needful for the maintenance of the poor, and the other purposes therein mentioned, so that the same did not exceed what had beed paid in the said town towards the maintenance of the poor thereof in any one of the three last years; and under their common seal to certify the same unto the mayor, recorder and aldermen of the said town for the time being, who were thereby required from time to time to cause the same to be raised and levied by taxation of every inhabitant and of all lands, houses, tithes impropriate, appropriation of tithes, and all stocks and estates in the said town, and the lordship of Myton, adjoining and belonging to the said town, in equal proportion, according to their respective worths and values; and in order thereunto, the said mayor and aldermen were empowered indifferently to proportion out the said sum and sums of money upon each parish and precinct within the said town, and by their warrants to authorize and require the churchwardens and overseers of the poor of each respective parish and precinct to assess the same respectively; and after such assessment made and returned, the said mayor and aldermen were empowered to approve confirm or alter such assessments, and by warrant to authorize the collection thereof, and the recovery of the sanie, by distress and sale, or by the commitment of any offenders; and divers other powers and authorities were thereby given to and vested in the said governor, deputy governor, assistants and guardians, for the care, maintenance and employment of the poor of the said town. 5 Geo. IV. II. And whereas an act was passed in the eighth year of the reign of 8 Anne. Queen Anne, intituled, "An Act for the more effectual provision for the poor in the town of Kingston-upon-Hull," whereby the said corporation were empowered, in such manner and by such ways and means as by the said recited act of the ninth and tenth years of King William the Third was prescribed for the raising the assessments thereby intended from time to time, as need should require, to assess such further sum or sums of money annually, not exceeding the sum of one hundred and thirty pounds per annum, as should be needful, to be employed for the purposes in the said recited act mentioned. c. 13. III. And whereas an act was passed in the fifteenth year of the reign of 15 Geo. II. King George the Second, intituled, "An Act for explaining, amending and making more effectual two Acts of Parliament, one passed in the ninth and tenth years of the reign of his late majesty King William the Third, for erecting Workhouses and Houses of Correction in the town of Kingstonupon-Hull, for the employment and maintenance of the poor there; and the other passed in the eighth year of the reign of her late majesty Queen Anne, for the more effectual provision of the poor in the said town;" whereby amongst other things, the said corporation were empowered, in such manner, and by such ways and means, as by the said recited act of the ninth and tenth years of King William the Third, was prescribed for the raising the assessments thereby intended to be raised, from time to time to certify and assess such sum or sums of money as should be necessary for the maintenance of the poor of the said town within or under the care of the said corporation, so as that the same should not in any one year exceed the sum of six hundred and fifty pounds. IV. And whereas an act was passed in the twenty-eighth year of the reign of King George the Second, intituled, "An Act for explaining amending and making more effectual several Acts of Parliament relating to the maintenance and employment of the poor of the town of Kingston-uponHull, and for better paving, preserving and cleansing the streets, squares, lanes and alleys, in the said town, and preventing obstructions therein, and for preserving the lamps which shall be set up to enlighten the streets of the said town, and securing the property of such lamps to the owners;" whereby, amongst other things, after reciting the said three former acts, and setting forth that by reason of the continual increase of the poor in the 28 Geo. II. |