5 Geo. IV. c. 13. Governor, Deputy Governor, Assistants, and Officers, to be chosen annually. Office of Clerk and Treasurer the same person. perform the same duties, and be subject and liable to the like rules and regulations, 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 the said town of Kingston-upon-Hull, at the court or assembly of the said corporation to be held on the Monday next after the feast of Saint Andrew in every year, or at some subsequent court or assembly to be held within 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, and 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. XXXIV. Provided always and be it further enacted, That it shall not be lawful for the said corporation to continue or appoint any person or persons not to be held by who may be continued or appointed to act as their clerk in the execution 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. Persons having served the office of Governor, Deputy Governor, Assistant, or Guardian exempted from being re-elerted for twenty years. Persons chosen Governor, Depu ty Governor, Assistants or Guardians declining to act, &c. to be fined; XXXV. And be it further enacted, That no person who shall have been elected or appointed a guardian, governor, deputy governor or assistant, of the said corporation, and shall have executed the duties of any such office during the whole period for which he shall have been so elected under the provisions of this act, shall be liable to be re-elected into, or compelled to take upon himself, or to execute the duties of any such of the said offices in which he shall have so served within the period of twenty years next after 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. XXXVI. And be it further enacted, That if any person or persons duly elected a guardian, governor, deputy governor, or assistant of the said corporation, by virtue of the provisions herein contained shall, after notice in writing, signed by the governor or deputy governor, or by the clerk for the time being of the said workhouse, of such his election or appointment, 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 XXXVIII. Provided also, and be it further enacted, That no person who XL. And be it further enacted, That the present workhouse of the said town, and the ground and buildings thereunto belonging, and all messuages, lands, tenements, rents, rent charges, and all other hereditaments and premises whatsoever, and wheresoever, and of what nature, tenure or kind soever, vested in, or belonging to, or possessed by the present corporation 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 shall take effect, shall belong to the said present corporation, or which shall be 5 Geo. IV. c. 13. And others to be appointed in their places. Corporation may accept resignation of Governor, &c. on sufficient cause. Persons having paid the fine discharged from serving again for twenty years. Such persons to be eligible, if willing. Property of the old Corporation vested in the new Corporation. 5 Geo. IV. c. 13. Charitable gifts, &c. to go to the Co:poration. Persons holding books or monies under former acts, accountable to the new Corporation. New Corporation made liable to the obligations of the old. Books of proceedings to be kept. Corporation to have the care of the poor. 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 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 have 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 in 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. XLI. And be it further enacted, That all charitable gifts, devises, or dispositions, that shall hereafter be given, devised or disposed of, to or for the 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. XLII. And be it further enacted, That all and every person or persons whomsoever who shall have received, or who shall have in his or their custody or power, any monies collected by virtue of the said several recited acts, or either of them, or any books, papers, deeds or writings, relating to 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 and 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. XLIII. And be it further enacted, That the corporation by this act constituted, shall be and is hereby made subject and liable to and for all agreements, bonds, covenants, matters and things to and for which the 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. XLIV. And be it further enacted, That a book or books shall be provided by the said corporation by this act constituted, in which book or books 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 workhouse 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 made 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 constituted shall have the care of and provide for the maintenance of all the lame, impotent, old, blind, and such other of the inhabitants of the said 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 charitable gifts of other persons, or in hospitals or almshouses, within the said town) and in order thereto shall have full power to examine, search and see what poor persons there are come into, inhabiting or residing with in the said town, or any part thereof, and shall have power to receive all such poor persons into any work house belonging or to belong to the said corporation. 5 Geo. IV. c. 13. XLVI. And be it further enacted, That it shall be lawful for the said And with power 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 workhouse, 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 building 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 workhouse, 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 day of September next, the said corporation and their successors shall be and they are hereby declared to be invested with, and shall and are hereby required to exercise all and every the powers and authorities with which churchwardens 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 churchwardens 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 any wise 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 provided for, where one or more justice or justices of the peace is or are empowered by any law now or hereafter to be made, to proceed on the complaint of the churchwardens and overseers of the poor, or any of them, G Vesting Corpora tion with power of Overseers Justices to proceed on com. Guardians, the plaints made by same as if made by Overseers. 5 Geo. IV. c. 13. Power to take Security in cases of Bastardy. Corporation to certify to the Churchwardens and Overseers, what sums will be necessary, quarterly or otherwise. Number of Guardians to be present at the Courts held for ascertaining and certifying, &c. Churchwardens and Overseers to meet and appor tion the sums wanted amongst the Wards. it shall and may be lawful for such justice or justices, and he and they is 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. L. And be it further enacted, That it shall and may be lawful for the said corporation and they are hereby fully authorized to take, accept and receive any bond or security, or any sum or sums of money, by way of indemnity, from any person or persons for defraying 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 respectively born or to be born therein. LI. And be it further enacted, That it shall and may be lawful for the said corporation hereby constituted, at any of their special general courts or assemblies to be convened for that purpose as hereinafter mentioned, from time to time to set down and ascertain, quarterly or otherwise, what sum or sums will be needful, quarterly or otherwise, for the relief and maintenance, and setting to work of the poor of the said town, or under the care 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 corporation by the said churchwardens 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 whomsoever, 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. LII. Provided always, and be it further enacted, That every such special general court or assembly, to be held for ascertaining and certifying what sum or sums of money will be needful for the purposes of this act as aforesaid, shall consist of the governor or deputy governor, and not less than 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. LIII. And be it further enacted, That as soon as conveniently may be, after such certificates shall have been made as aforesaid, and transmitted to the said churchwardens and overseers, it shall be lawful for the said churchwardens and overseers, or any seven or more of them, and they are hereby 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 fit and agree upon, of which meeting, and of the time and place thereof, notice in writing, signed by the said seven or more churchwardens and overseers, shall be given to, or left at the dwelling-house or place of residence of the churchwardens and overseers who did not sign the appointment of the meeting, three clear days at least before the day of meeting; and the churchwardens and overseers present at such meeting, or at some adjournment thereof, (which adjournment and adjournments they are here |