Geo. IV. c. 13.

Recites that the mode in which

the Poor Rates had been ascertained had created an unequal charge and that other powers and provisions were necessary.

That the Town consists of Two Parishes and Six Wards, one of which is divided into two parts, and that Myton has of late years been considered a

Ward.

That Overseers have been appointed to the said Wards and

the said Precinct of Myton, notwithstanding Doubts as to the Legality of such appointment.

That it would tend to facilitate the Collection of the Poor's Rates

if Myton was di

vided into two Wards, and if Trinity Ward was constituted One Ward only.

said town, under the care of the said corporation, the sum of six hundred and fifty pounds in the last recited of such acts mentioned, together with the revenues and other income of the said corporation, were not sufficient to maintain the said poor, or to discharge the large debts contracted by the said corporation (part of which debts were contracted in building or repairing the workhouse in the said town,) the said corporation were and are empowered in any of their courts or assemblies from time to time, to set down, ascertain and certify, unto the mayor, recorder and aldermen of the said town, what weekly, monthly, or other sum or sums of money should be necessary for the maintenance of such poor, so as such sum or sums did not, in any one year, exceed in the whole the sum of one thousand pounds, except it should happen that the sum of one thousand pounds should in some years not be sufficient for maintaining and setting to work such poor, in which case, as often as any such deficiency should be foreseen or apprehended, the said corporation were and are empowered in any of their courts or assemblies to be called and held in the manner therein prescribed, to certify to the mayor, recorder and aldermen of the said town, what weekly, monthly, or other sum or sums of money would be necessary for such purposes in the next ensuing year, although amounting in the whole to more than the said sum of one thousand pounds; and the said mayor and aldermen were and are thereupon empowered to proportion, assess, raise and levy, or cause to be assessed, raised and levied, the sum or sums of money so certified, or so much thereof as they should judge necessary, although amounting in the whole to more than the sum of one thousand pounds.

V. And whereas the mode in which the poor rates in the said town of Kingston-upon-Hull have, by virtue of the powers and provisions of the said recited acts, hitherto been ascertained, certified, apportioned and assessed, hath been found to create an unequal charge upon the persons and property rated, and to be otherwise inexpedient, and the powers and provisions of the said recited acts for assessing and collecting such rates, have been found defective and insufficient, and it would tend to facilitate the execution of the purposes of the said recited acts, if other powers and provisions were granted and made in lieu thereof, and whereby the said rates may be equalized, and the better collection thereof effected.

VI. And whereas the said town of Kingston-upon-Hull consists of two parishes, videlicet, the parish of the Holy Trinity, and the parish of Saint Mary; which said two parishes are at present and have been for time out of mind, divided into six wards, called Austin Ward, Humber Ward, Trinity Ward, Saint Mary's Ward, Whitefriar Ward, and North Ward; and the ward called Trinity Ward, (one of the said six wards) has for a number of years past been divided into two parts, called first part Trinity Ward, and second part Trinity Ward; and besides the said six wards, the lordship or precinct of Myton, adjoining to and belonging to the said town, and which is within the said parish of the Holy Trinity, has of late years been considered as a ward or division of the said town, for the purpose of raising its proportion of the poor's rate, and overseers have been appointed to it, who have collected the proportion of the general rate laid upon it.

VII. And whereas overseers of the poor have hitherto been appointed to the said several wards of the said town, and the said precinct of Myton, adjoining and belonging thereto; (that is to say,) one overseer to each ward, and two overseers to the said precinct, and questions have frequently arisen as to the legality of such appointment, (there being no particular clause or power contained in any of the said recited acts for the appointment of overseers to the said wards and precinct instead of the parishes of the said town, though by some, or one of the said recited acts, overseers of the wards are expressly mentioned and recognized.

VIII And whereas it would tend to facilitate the collection of the poor's rates, and the execution of the purposes of the said recited acts, and prevent much litigation and expence, if the lordship or precinct of Myton, adjoining and belonging to the said town, were to be divided into two parts or divisions, and if each of such parts or divisions were declared to be a ward of the said town, and if an equal number of guardians of the poor were to be elected and appointed for each of such new wards; and also, if express power and provision were made for the appointment of one overseer of the

poor, as well for each of the before mentioned six wards as for each of such new wards; and it would also tend to facilitate the purposes aforesaid, if the present division of Trinity Ward were to be abandoned, and if what are now called and considered the first and second parts of Trinity Ward, in the said town, were constituted into one ward only.

IX. And whereas it is expedient that the mayor, recorder and aldermen of the said town for the time being, individually, as well as in their official capacity, should in future be exonerated from the offices of guardians of the poor of the said town, and that other guardians of the poor should be elected in addition to the number of guardians heretofore elected under the powers and provisions of the said recited acts.

X. And whereas the number of the poor in the said town of Kingstonupon-Hull, under the care of the said corporation, has of late years greatly increased, and the present workhouse in the said town is too small for the reception, classification, management and accommodation of such poor, and it is expedient that the corporation of the poor of the said town should be authorized to enlarge the said workhouse, and any of the buildings thereto belonging, or to take down the same, and in lieu thereof to provide, erect or build on the same site, or to purchase ground in any other part of the said town or lordship of Myton, and to erect or build thereon a more commodious work. house, with proper and suitable offices and conveniences for the maintaining, lodging, employment and accommodation of the poor, and for the use of the corporation of the poor of the said town; and also that the said corporation should be empowered to sell the present workhouse and other buildings, and the site or sites thereof, and the ground thereunto belonging, and also any other messuages, buildings, lands, tenements or hereditaments belonging to the corporation of the poor of the said town, or which have heretofore been purchased by the said corporation out of money raised for the relief of the poor under their care and management, or the rents and profits whereof have been hitherto applied towards the relief and maintenance of such poor, and to apply the monies arising from such sale or sales in or towards defraying the expences of such new works, and also to raise money towards such expences, and for other purposes towards the better regulation and general relief of the poor of the said town.

XI. And whereas it hath been found extremely burthensome and inconvenient to the overseers of the poor of the respective wards and precinct of the said town of Kingston-upon-Hull, to collect, receive and pay over the several rates and assessments raised and levied therein; and it is therefore expedient that the said overseers should be assisted in the collection thereof, and that proper and efficient persons should be appointed assistant overseers for the collection of the said rates, and that more effectual powers and provisions should be granted and made for assessing and collecting the said rates. XII. And whereas the powers and provisions of the said recited acts, for the employment, accommodation, maintenance and regulation of the poor, have been found inadequate for the purposes thereby intended, and it is expedient that the same should be altered, amended and enlarged; and it would tend greatly to facilitate the execution of the purposes aforesaid if the said first three recited acts, and so much of the said last recited act as relates to the maintenance and employment of the poor were repealed, and if further and other powers and provisions were granted and made for those purposes.

XIII. May it therefore please your Majesty, that it may be enacted: and be it enacted by the King'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 from and after the thirtieth day of September next, the said recited acts of the ninth and tenth year of the reign of King William the Third, the eighth year of the reign of Queen Anne, and the fifteenth year of the reign of King George the Second, and also so much of the said recited act of the twenty-eighth year of the reign of King George the Second, as is for explaining, amending and making more effectual several acts of parliament, relating to the maintenance and employment of the poor of the town of Kingstonupon-Hull, shall be, and the same are and is hereby declared to be repealed. XIV. And be it further enacted, That from and after the said thirtieth day of September next, the present division of Trinity Ward shall, for the

purposes of this act, be discontinued and abandoned, and the two divisions thereof, now called and considered the first and second parts of Trinity Ward, shall thenceforth constitute and be one ward only, and be called Trinity Ward.

XV. And be it further enacted, That from and after the said thirtieth day of September next, the lordship or precinct of Myton, adjoining and belonging to the said town, shall, for the purposes of this act, be divided into two divisions or wards, the line of such division being as follows; (that is to say,) from the west end of Mytongate, in the said town, along the centre of Castle Street to Waterhouse-Lane, and thence northward, along the centre of Waterhouse Lane to the east end of Carr-Lane, thence westward along the centre of Carr-Lane and the Hull and Anlaby turnpike road, as far as the tollgate upon the said road called Anlaby Bar; and such part of the said lordship or precinct as lies northward of the said line, shall be one of such wards, and shall be called "North Myton Ward," and shall be deemed and taken to be and the same is hereby declared to be a separate ward of and belonging to the said town; and such part of the said lordship or precinct as lies southward of the said line, shall be the other of such wards, and shall be called "South Myton Ward," and shall be deemed and taken to be, and the same is hereby declared to be a separate ward of and belonging to the said town, making (together with the said six old wards,) eight wards of and belonging to the said town of Kingston-upon-Hull.

XVI. And be it further enacted, That from and after the said thirtieth day of September next, it shall and may be lawful for the justices of the peace of and for the said town of Kingston-upon-Hull, and county of the same town, or any two of them, and they are hereby authorized and required at such times in the year, and in such manner as by law is directed for the appointment of overseers of the poor for any parish, township. village or place, to nominate and appoint out of each of the said eight wards of and belonging to the said town, one fit and proper person, being a substantial householder and inhabitant of such ward, to be overseer of the poor for the same ward, for the year then next ensuing, and until a new overseer shall in like manner be nominated and appointed to succeed him; which persons, when so nominated and appointed, and having notice thereof under the hands and seals of the said justices, or any two of them, shall from thenceforth respectively be and be deemed overseers of the poor of the said respective wards, such nomination and appointment to be made subject to such regulations, provisions, exemptions, and power of appeal, as are prescribed by law for the appointment of overseers of the poor generally; and they and each of them, the said overseers so nominated and appointed as aforesaid, shall and they are hereby severally required to perform and execute their respective duty and duties, office and offices of overseer and overseers of the poor of the said respective wards accordingly; and the said overseers shall be and they are hereby declared to be invested with all and every the powers and authorities, and shall have and enjoy the same privileges, immunities and exemptions, and shall be subject and liable to the same rules, penalties and forfeitures (save and except as may be herein excepted and otherwise provided,) as overseers of the poor, by the several laws made, or to be made, touching or concerning the relief, or management or employment of the poor, are or shall be invested with, and have and enjoy, and be subject and liable to; and if any such overseer or overseers so nominated and appointed, shall during the year for which he or they shall be so nominated and appointed as aforesaid, die, or become incapacitated or insolvent, or otherwise disqualified, or shall cease to be an inhabitant householder in the ward for which he shall be appointed, then and in all such cases it shall and may be lawful to and for the said justices, or any two of them, at any intermediate time of the year, and as soon as possible after such death, incapacity, insolvency, disqualification or removal shall take place, in like manner to nominate and appoint other fit and proper person and persons, qualified as aforesaid, in his or their stead, to be overseer or overseers for the remaining part of such year.

XVII. And be it further enacted, That if any person nominated and appointed an overseer of the poor of any of the said respective wards in manner aforesaid, shall refuse or neglect to take upon himself that office and duty within the space of seven days next after he shall have had such

notice of being so nominated and appointed as before directed, then and in every such case he shall, upon proof thereof, by the oath or oaths of one or more credible witness or witnesses, before any two or more justices of the peace as aforesaid, forfeit and pay for such refusal or neglect, any sum not exceeding forty pounds, and not less than ten pounds, to be paid to the treasurer of the said corporation hereby constituted; which sum, together with the reasonable costs to be settled by such justices, shall be levied by distress and sale of the offenders goods and chattels, by warrant under the hands and seals of the two justices before whom the proof of such refusal or neglect shall have been made as aforesaid, which warrant the said justices are hereby empowered and required to make and issue, and all constables and other peace officers are hereby required to execute every such warrant accordingly, and with all convenient speed to pay over the forfeiture or penalty and forfeitures or penalties, which shall from time to time be so levied, into the hands of the treasurer to the said corporation, to be by him applied as the said corporation shall direct for the purposes of this act; and the said justices of the peace for the said town and county, or any two of them, shall, within seven days after any such refusal or neglect and conviction, nominate and appoint in the manner herein before directed, other overseer or overseers in the room, place and stead of such person or persons so refusing or neglecting to take upon himself or themselves the said office of overseer, and being convicted thereof in the penalty aforesaid.

XVIII. Provided always, and be it further enacted, That no persons who shall be nominated and appointed, and shall serve the said office of overseer of the poor, or shall have paid the said forfeiture or penalty for refusing or neglecting to serve the same, shall be again appointed to serve the same office for the term of twenty years, and that no person shall be eligible to serve the said office who is of the age of sixty years or upwards, or prevented by any bodily or corporeal infirmity from duly executing the same; any thing in this act contained to the contrary notwithstanding.

XIX. And be it further enacted, That from and after the said thirtieth day of September next, the several persons who on that day shall be the guardians of the poor in the said town of Kingston-upon-Hull, (except the mayor, recorder, and aldermen of the said town) being twenty-four persons appointed or elected under and by virtue of the said recited acts; (that is to say,) four persons for each of the said first mentioned six wards of the said town, together with the sixteen other persons to be elected guardians as hereinafter mentioned, and their respective successors, to be elected and appointed in manner hereinafter expressed, shall be and are hereby appointed guardians of the poor in the said town of Kingston-uponHull, for the purposes of well-governing, providing for, employing, and managing the said poor, and for carrying the several other purposes of this act into execution: provided always, that from and after the said thirtieth day of September next, the mayor, recorder and aldermen of the said town for the time being, both individually and in their official capacity, shall and they are hereby declared to be for ever exonerated and exempt from being elected to or serving the offices of guardians of the poor in the said town; any thing herein contained to the contrary notwithstanding.

5 Geo. IV.

c. 5.

Persons not liable to serve the

office of Overseer.

Guardians of the
Poor appointed.

Mayor, Recorder and Aldermen exempt from being Guardians.

ration.

XX. And be it further enacted, That the said twenty-four persons who Guardians to be shall be guardians of the poor in the said town on the said thirtieth day of a Corporation. September next, and the sixteen other persons to be elected guardians as hereinafter mentioned, and their successors, to be elected in manner hereinafter directed, shall from and after the said thirtieth day of September next, be, and they are hereby declared to be one body politic and corporate in name, fact, and deed, by the name of "The Governor, Deputy Governor, Assistants and Guardians of the poor in the town of Kingston-upon-Hull," Style of Corpoand by that name shall have perpetual succession, and from thenceforth for ever remain and continue to be one body politic and corporate in law, to all intents and purposes, and shall have a common seal, and shall be enabled to sue and be sued by that name in all courts and places of judicature within these realms, and by that name shall and may from time to time, without licence in mortmain, purchase any lands, tenements, or hereditaments for the purposes of this act, not exceeding five acres in the whole, and take or receive any lands, tenements or hereditaments, and take and

Shall have a
Common Seal.

Shall sue and be sued in the name of the Corpora. May purchase Lands.

tion.

5 Geo. IV. c. 13.

May title by devise.

May sell and convey Lands, &c.

Officers to be elected, Governor, Deputy Governor and Assistants.

Corporation to consist of forty Guardians, viz. five for each Ward.

The present twenty-four Guardians to

continue for life. Sixteen new Guardians to be elected at a Ge

neral Meeting of the rated Iuhabitants.

Notice of Meeting to be given

receive the gift alienation and devise of any person or persons for any estate or interest whatsoever; and by that name the said corporation may and are hereby empowered under their common seal from time to time, to convey, assign, release, transfer or dispose of any such lands, tenements or hereditaments, money, goods or chattels, or any other lands, tenements or hereditaments vested in them by this act, or which the governor, deputy governor, assistants and guardians of the poor of the said town of Kingstonupon-Hull now possess, or which they, or the corporation hereby constituted, may hereafter purchase for the purposes of this act, as there shall be occasion; and there shall be elected and chosen out of and from the members of the said corporation in manner hereinafter prescribed, the officers following; (that is to say,) one governor, one deputy governor, and eight assistants, for the better governing the said corporation.

XXI. And be it further enacted, That in order that the said corporation may have perpetual succession, and at all times consist of forty guardians of the poor, (that is to say,) five guardians for each of the said eight wards of and belonging to the said town, the said twenty-four persons, who on the said thirtieth day of September next shall be in the office of guardians of the poor, appointed or elected for the six old wards of the said town in pursuance or by virtue of the said recited acts, and who are herein before constituted guardians of the poor for the purposes of this act, shall continue guardians of the poor for the purposes of this act, for the wards for which they shall respectively be then serving, and be members of the corporation hereby constituted during their respective lives, unless they or any or either of them shall resign, or become disqualified, or incapable of acting, or be displaced, or otherwise cease to be guardians, as in this act mentioned; and sixteen other of the honestest and discreetest persons, being resident inhabitants of the said town or precinct, and rated and assessed towards the relief of the poor of the said town, in respect of any lands or tenements in their respective occupations, situate in any part of the said town or precinct, of a rental of twenty pounds per annum at the least, or being possessed of freehold or copyhold lands, tenements or hereditaments within the said town or precinct, of the annual value of one hundred pounds, rated to the relief Mode of election. of the poor, shall be elected guardians of the poor of the said town, at a general meeting of such of the inhabitants of the said town as shall be rated and assessed towards the relief of the poor of the said town, in respect of any lands or tenements in their respective occupations, situate in any part of the said town or precinct, of a rental of twenty pounds per annum at the least, which meeting shall and may be held after ten days public notice thereof, to be given at any time before the said thirtieth day of September next, by the mayor of the said town, or by his order, stating the place, time and purpose of such meeting, by affixing a printed copy of such notice on the doors of the two parish churches in the said town, and on some wall or other conspicuous place in two (or more) of the principal streets or highways in each of the wards of and belonging to the said town; and in case the mayor shall neglect, or omit to give or cause to be given, such notice, then it shall and may be lawful for such inhabitants to assemble at the hour of twelve of the clock on the twenty-second day of September next, in the vestry-room of the parish church of Holy Trinity, or at some other convenient place adjacent thereto, in the said town or precinct, and the inhabitants at such meeting so to be called or held, or at any adjournment thereof, (and it shall be lawful for them once to adjourn the same to such time and place in the said town or precinct as they shall think fit,) to nominate, elect and choose the sixteen guardians aforesaid, by the votes of such inhabitants, or the majority of such inhabitants, as shall then be present and qualified as aforesaid; and a chairman shall be appointed by such meeting, who, in case of an equal number of votes upon any question, including the vote of the chairman, shall have an additional or the casting vote; and the names and descriptions of the sixteen guardians so elected shall, within two days after such election, be notified in writing by the chairman of such meeting, or clerk attending the same, to the governor, deputy governor, assistants and guardians of the poor, constituted by virtue of the said recited acts; and the said governor or deputy governor shall immediately thereupon call a court or assembly in the manner directed by the said recited acts, for the purpose of apportioning the said sixteen

by the Mayor and on his default the Meeting to be on a day fixed.

Names of new

Guardians, when elected, to be notified to the Corporation.