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5 Geo. IV. perform the same duties, and be subject and liable to the like rules and rec. 13.
gulations, pains and penalties, in all respects, as if they had been appointed by virtue of this act.
XXXIII. And be it further enacted, That the guardians of the poor of Governor, Depu- the said town of Kingston-upon-Hull, at the court or assembly of the said ty Governor,
corporation to be held on the Monday next after the feast of Saint Andrew Assistants, and Officers, to be
in every year, or at some subsequent court or assembly to be held within chosen annually. one calendar month then next ensuing, shall also yearly and every year
elect and choose (in the stead of the then present governor, deputy governor and assistants) from amongst the said guardians of the poor, one governor, one deputy governor and eight assistants, and which said several officers shall enter upon the duties of their respective offices on the third day of February next ensuing such election, or immediately upon the expiration of the year for which their predecessors in the said offices shall have been elected ; and shall and may also at the same court or assembly, or at some subsequent court or assembly, appoint a treasurer or treasurers, and all such other officers and persons as may be expedient or necessary for the execution of this act, who shall continue in their respective offices for one year, aud also from thence until some other persons shall be elected and appointed in their stead : provided always, that it shall and may be lawful for the said corporation to remove any such officers or persons respectively, as the said corporation shall from time to time see occasion, and thereupon, as also in the event of the death of any such officer or officers, to appoint others in their stead, and out of the monies to be received by virtue of this act, to allow and pay such salaries, wages and allowances to the treasurer or treasurers, clerk and other officers and persons respectively, as the said
corporation shall from time to time think reasonable. Office of Clerk XXXIV. Provided always and be it further enacted, That it shall not be and Treasurer
lawful for the said corporation to continue or appoint any person or persons not to be held by
y who may be continued or appointed to act as their clerk in the execution the same person.
of this act, or the partner of any such clerk, or the clerk or any person in the service or employ of such clerk, to be the treasurer for the purposes of this act, or to continue or appoint any person who may be continued or appointed a treasurer for the purposes of this act, or the partner or partners of any such treasurer to be the clerk to the said corporation for executing this act; and if any person shall act in both the capacities of clerk and treasurer, for the purposes of this act, or if any person being the partner of any such clerk, or the clerk, or any person in the service or employ of any such clerk, shall act as treasurer, or being a partner of any such treasurer, shall act as clerk in the execution of this act, or if any such treasurer shall hold any place or office of profit, or trust, under the said corporation other than that of treasurer, every person so offending shall, for every such offence, forfeit and pay the sum of one hundred pounds to any person or persons who shall sue for the same; to be recovered, together with full costs of suit in any of His Majesty's Courts of Record at Westminster, by action of debt, or on the case, or by bill, suit or information, wherein no essoign, protection or wager of law, nor more than one imparlance, shall be allowed.
XXXV. And be it further enacted, That no person who shall have been Persons having served the office elected or appointed a guardian, governor, deputy governor or assistant, of of Governor, the said corporation, and shall have executed the duties of any such office Deputy Govern during the whole period for which he shall have been so elected under the or, Assistant, or Guardian
provisions of this act, shall be liable to be re-elected into, or compelled to exempted from take upon himself, or to execute the duties of any such of the said offices in being re-elected which he shall have so served within the period of twenty years next after for twenty years. he shall have so served such office as aforesaid, or be liable to any penalty
or forfeiture whatever for refusing or neglecting so to do, within such period of twenty years, unless he shall consent sooner to take upon himself
any such office. Persons chosen Governor, Depu. elected a guardian, governor, deputy governor, or assistant of the said ty Governor,
corporation, by virtue of the provisions herein contained shall, after notice Assistants or Guardians declin, in writing, signed by the governor or deputy governor, or by the clerk for ing to act, &c, to the time being of the said workhouse, of such his election or appointment, be fined;
and served personally or left at his or their last or usual place or places of abode, refuse or omit by the space of twenty days next after the service or 5 Geo. IV. delivery of such notice, to take upon himself or themselves respectively
12 the trust or office, or trusts or offices to which he and they shall be so elected as aforesaid, then and in either of such cases all and every such person and persons so refusing or neglecting as aforesaid, shall respectively forfeit and pay to the treasurer of the said corporation the several sums of money following ; (that is to say,) every such person who shall have been duly elected governor of the said corporation, the sum of forty pounds; every such person who shall have been duly elected deputy governor, the sum of thirty pounds; every such person who shall have been duly elected an assistant, the sum of twenty pounds; and every such person who shall have been duly elected a guardian, the sum of twenty pounds; all which said forfeitures and penalties, together with reasonable costs, shall be recovered, levied and applied in the same manner as other penalties and forfeitures are by this act directed to be recovered, levied and applied; and the said corporation shall at any general or special general court or assembly proceed to the election of a new governor, deputy governor, assistant or And others to be assistants, in the place and stead of the governor, deputy governor, assistant appointed in their or assistants refusing or omitting to act, as the case may require : provided always, that no person shall be liable to any penalty for omitting or refusing to take upon himself the office of guardian, who shall at the time of his election to the said office have attained the age of sixty years.
XXXVII. Provided always, and be it further enacted, That it shall and Corporation may may be lawful for the said corporation at any of their general courts or accept resignaassemblies, upon a reasonable and sufficient cause or ground of excuse tion of Governor,
&c. on sufficient being shown by any such person or persons refusing or omitting to act in
cause. any of the offices aforesaid, to remit to such person or persons one half of the said forfeitures or penalties, or any of them, and also to accept the resignation of any person or persons desirous of resigning his or their office or offices of governor, deputy governor, assistants or guardians, upon sufficient cause being shown to the satisfaction of such court or assembly for such resignation; and thereupon and also when and as often as any such governor, deputy governor or assistant shall die, or become disqualified, or incapable of acting in bis office as aforesaid, to proceed to the election of a new governor or deputy governor, assistant or assistants, as the case may require, in manner prescribed by this act; and any vacancy or vacancies which shall by such resignation or resignations be occasioned amongst the guardians of the poor, shall be supplied in manner herein before directed, in case of the death, disqualification, refusal or omission to act of any of the guardians of the poor; provided nevertheless, that no such remission of penalties or acceptance of resignation shall be valid or effectual, unless two thirds in number of the guardians present at the general court or assembly wherein the same shall be proposed, shall concur therein and agree thereto.
XXXVIII. Provided also, and be it further enacted, That no person who Persons having shall have paid the penalty or fine hereby imposed on his or their refusal
paid the fine
discharged from or neglect to execute any of the offices aforesaid, shall be liable to be re- serving a gain for elected into, or compelled to take upon himself, or to execute the duties of twenty years. the said offices, or any of them, within twenty years after the period of his election into such office, or be liable to any forfeiture or penalty whatsoever for refusing or neglecting so to do within such period of twenty years unless he shall consent sooner to take upon himself any such office.
XXXIX. Provided also, and be it further enacted, That nothing in this Such persons to act contained shall extend or be construed to extend to render any person be eligible, if or persons ineligible to be re-elected to any such office, if he shall be willing Winning: to take upon himself the performance of the duties thereof.
XL. And be it further enacted, That the present workhouse of the said Property of the town, and the ground and buildings thereunto belonging, and all mese
Vested in the new suages, lands, tenements, rents, rent charges, and all other hereditaments Corporation. and premises whatsoever, and wheresoever, and of what nature, tenure or kind soever, vested in, or belonging to, or possessed by the present corpo-ration constituted under and by virtue of the said recited acts, or some or one of them, and all goods, chattels, monies, securities for money and effects, stock, bills of exchange, promissory notes, debts, demands, rights, remedies, cause and causes of action, which at the time when this act sball take effect, shall belong to the said present corporation, or which shall be
5 Geo. IV. in the hands, custody or possession of any person or persons whomsoever
for the use, or on account of the same, and all arrears of the rates, and all c. 13.
arrears of rents and other monies which at the same period shall be due or owing to the said present corporation, and all other materials, articles or things which shall bave been provided for the purposes of the said recited acts, or which shall have been purchased, collected or provided for the purposes of this act, shall be fully and absolutely vested ia the corporation of the poor by this act constituted, for such and the like estates, terms and interests, and to such and the like effect in law, as the same were previously
vested in, or held or possessed by or for the said present corporation. Charitable gifts, XLI. And be it further enacted, That all charitable gifts, devises, or dis&c. to go to the positions, that shall hereafter be given, devised or disposed of, to or for the Coporation.
use of the said town, or of any parish or precinct of the same, shall be paid to, and be had, received and enjoyed by the said corporation, to and for
the uses of the poor of the said town. Persons holding
XLII. And be it further enacted, That all and every person or persons books or monies whomsoever who shall have received, or who shall have in his or their under former
le custody or power, any monies collected by virtue of the said several recited acts, accountable to the rew Cor.
acts, or either of them, or any books, papers, deeds or writings, relating to poration,
all or any of the matters aforesaid, or to the execution of the said acts, shall when thereunto required, by notice in writing signed by the governor or deputy governor for the time being of the corporation by this act constituted, given to him or them, or left at his, her or their last or usual place or places of abode, account for aad deliver the same to the said governor or deputy governor, or any person or persons appointed by them, or either of them, for that purpose, in the like manner, and under the like penalties as is hereinafter directed with respect to any officer or person appointed under
or by virtue of this act. New Corporation
XLIII. And be it further enacted, That the corporation by this act conmade liable to stituted, shall be and is hereby made subject and liable to and for all the obligations agreements, bonds, covenants, niatters and things to and for which the of the old.
corporation constituted by the said recited acts are or shall be at the time this act shall take effect, subject and liable, in the same manner to all intents and purposes as if such agreements, bonds, covenants, matters and things had been made, entered into, or given or done under the powers or
provisions of this act. Books of pro
XLIV. And be it further enacted, That a book or books shall be provided ceedings to be by the said corporation by this act constituted, in which book or books kept.
fair and regular entries shall be made of all the rules, orders and regulations, acts, directions and proceedings of the said guardians relative to the execution of this act, and of the names of the governor, deputy governor, assistants and guardians who shall be present at their respective courts or assemblies or meetings, and the same shall be subscribed by the chairman of the respective courts or assemblies or meetings, and all such entries being so signed, shall be deemed originals, and shall be allowed to be read in evidence in all courts whatsoever, in all causes, suits and actions touching any thing done in pursuance of this act; and such book and books shall be kept by the clerk to the said work house for the time being, in such secure place or places as the governor, deputy governor, assistants and guardians shall from time to time direct, and shall at every such court or assembly and meeting, and at all other reasonable times be open and subject to the inspection of the said governor, deputy governor, assistants and guardians; and all such book and books, and also all and every book and books in which any entry or entries of any proceeding or proceedings of the present corporation, acting by or under the authority of the said recited acts, doth or shall appear recorded, such entry or entries being nade in such book or books according to or consistently with the directions or provisions of the said acts,) shall be and be deemed to be good and sufficient evidence of such proceedings in any court whatsoever; any thing herein contained to the contrary thereof notwithstanding.
XLV. And be it further enacted, that the said corporation hereby conCorporation to stituted shall have the care of and provide for the maintenance of all the have the care of lame, impotent, old, blind, and such other of the inhabitants of the said the poor.
town of Kingston-upon-Hull and precinct of Myton, being poor and not able to work, (except such as shall be sufficiently provided for by the 5 Geo. IV. charitable gifts of other persons, or in hospitals or almshouses, within the
19 said town) and in order thereto shall have full power to examine, search and see what poor persons there are come into, inbabiting or residing within the said town, or any part thereof, and shall have power to receive all such poor persons into any workhouse belonging or to belong to the said corporation,
XLVI. And be it further enacted, That it shall be lawful for the said and with nower corporation, or any committee or committees of the said corporation, to to employ the cause any person who shall be received into any such work house to be Poor. employed in any work, trade, manufacture or employment, or otherwise, as they shall think proper during the time he or she shall continue in any such work house, and shall and may, in case they shall think proper, purchase and provide a sufficient stock of flax, hemp, silk, wool, cotton, thread, iron, wood, stone, leather, or other materials, of what nature or kind soever, for the employment of the poor and other persons received into any such work. house, and for that purpose only may set up, use and occupy any trade, mystery or occupation whatsoever in any such workhouse or other build. ing used therewith for the purposes of this act; and for the purposes of this act may sell and dispose of such goods, wares and merchandizes which shall be manufactured or made by such poor or other persons in any such workhouse or other building, any law, usage or privilege to the contrary notwithstanding; and out of the profits arising from any work which shall be done by such persons, such gratuities or rewards shall be distributed to the industrious and skilful, according to the quality and perfection of their work, and of the industry and good conduct of the persons executing the same, as to the said corporation, or any committee or committees of the same, shall appear reasonable and proper; and the remainder of the profits shall be applied by the said corporation to the purposes of this act.
XLVII. And be it further enacted, That it shall and may be lawful for Poor children the said corporation and they are hereby empowered, if they shall think may be educated. proper, to establish one or more school or schools in the said work house, in which the poor children who shall be resident in such workhouse shall be instructed to read and write, and in such useful knowledge as the said corporation shall think fit.
XLVIII. And be it further enacted, That from and after the said thirtieth Vesting Corporaday of September next, the said corporation and their successors shall be tion with power and they are hereby declared to be invested with, and shall and are hereby of Overseer. required to exercise all and every the powers and authorities with which church wardens and overseers of the poor, or any of them, by any laws made or to be made in all or any cases touching or concerning the apprenticing, maintenance, relief, management, removal or employment of the poor, or the application of any of the rates made for their use or maintenance, are or shall be invested (except as herein otherwise provided ;) and the said corporation, or the governor or deputy governor for the time being on be. half of the said corporation, are and is hereby authorized and empowered to do and perform all and every such act or acts, and in the same manner as church wardens and overseers of the poor, or any of them, are or may be enabled to do and perform (except as herein otherwise provided,) in all or any such cases; and the said corporation, or the governor or deputy governor for the time being on behalf of the said corporation, shall and may institute and defend any appeal against any rate or any order of removal, or for the maintenance of bastard children, or any other order relating to the poor of the said town, or in anywise relating to or affecting the objects or purposes of this act, and issue or receive any notice respecting the same in the same manner as church wardens and overseers of the poor respectively by any law made or to be made are empowered or required to do; and shall and may take any legal securities or indemnification in trust for the inhabitants of the said town of Kingston-upon-Hull, or of any parish or place within the same which they shall deem necessary or prudent to be taken for the purposes of this act, in any case or cases whatsoever.
XLIX. And be it further enacted, That in all cases, not herein otherwise Justices to provided for, where one or more justice or justices of the peace is or are proceed o coma empowered by any law now or hereafter to be made, to proceed on the Guardians, the
plaints made by complaint of the church wardevs and overseers of the poor, or any of them, mme as if made
5 Geo. IV. it shall and may be lawful for such justice or justices, and he and they is c. 13.
and are hereby required to proceed, on the complaint of the said governor or deputy governor, or the clerks or clerk of the said corporation for the time being, in such and the like manner to all intents and purposes as if such complaint had been made by any such churchwardens and overseers,
or any of theni. Power to take
L. And be it further enacted, That it shall and may be lawful for the Security in cases sa
said corporation and they are hereby fully authorized to take, accept and of Bastardy. receive any bond or security, or any sum or sums of money, by way of in
demnity, from any person or persons for defrayiug the costs, charges and expences of the maintenance previous to and during the lying-in of any pregnant single woman in any parish or ward in the said town or precinct, and the maintenance and support of any bastard child or children re
spectively born or to be born therein. Corporation to LI. And be it further enacted, That it shall and may be lawful for the certify to the said corporation hereby constituted, at any of their special general courts or Church wardens
assemblies to be convened for that purpose as hereinafter mentioned, from and Overseers, what sums will
time to time to set down and ascertain, quarterly or otherwise, what sum be necessary,
or sums will be needful, quarterly or otherwise, for the relief and mainquarterly or
tenance, and setting to work of the poor of the said town, or under the care otherwise.
and management of the said corporation, together with all such arrears or sum or sums of money as shall from time to time remain uncollected on any preceding rate or rates made under the authority of this act, or the said recited acts, either by reason of any property rated being unoccupied, or by reason of the insolvency or removal of any of the persons rated, or by the person or persons rated being relieved by the magistrates from the payment of the rates on the ground of poverty or otherwise, or which shall have been lost by reason of the insolvency of any person or persons appointed to collect and receive the same, or be lost or left uncollected by any other means whatsoever, the amount whereof shall be certified to the said corpo. ration by the said church wardens and overseers, or by the persons or person to whom the collection of the said rates shall from time to time belong, and also all such sum or sums of money as shall or may be expended by the said corporation in and about the prosecution of all or any of the remedies by this act given for the recovery of all monies which from time to time shall be in the hands of the said overseers, or of the collectors appointed under this act, or of any of them, or of any other person or persons whom. soever, or otherwise, in and about the execution of this act; and the said corporation shall certify, in writing under their common seal, to the churchwardens of the several parishes of the Holy Trinity and Saint Mary, and to the several overseers of the poor of the said wards of and belonging to the
said town, the amount of such sum or sums of money respectively. Number of
LII. Provided always, and be it further enacted, That every such special Guardians to be general court or assembly, to be held for ascertaining and certifying what present at the Courts held for
sum or sums of money will be needful for the purposes of this act as aforeascertaining and said, shall consist of the governor or deputy governor, and not less than certifying, &c. twenty guardians of the poor, and shall be convened by the governor or
deputy governor causing notice in writing to be delivered to all the members of the said corporation, or to be left at their respective dwelling-houses six days previously to the holding of such general court or assembly, signifying the particular and express purpose for which such special general
court or assembly will be held. Churchwardens LIII. And be it further enacted, That as soon as conveniently may be, and Overseers to after such certificates shall have been made as aforesaid, and transmitted to meet and appor. the said church wardens and overseers, it shall be lawful for the said churchtion the sums wanted amongst
wardens and overseers, or any seven or more of them, and they are hereby the Wards, required to appoint a meeting of such churchwardens and overseers, to be
held at such time and place in the said town or precinct as they shall think