OUT-DOOR LABOUR TEST ORDER, 1842.
To the GUARDIANS OF THE POOR of the several Unions named in the Schedule hereunto annexed ;—
To the CHURCHWARDENS and OVERSEERS of the several Parishes and Places comprised in the said Unions ;—
To the CLERK or CLERKS to the Justices of the Petty Sessions held for the Division or Divisions in which the Parishes and Places comprised within the said Unions are situate ;—
And to all others whom it may concern.
WE, THE POOR LAW COMMISSIONERS, in pursuance of the authorities vested in Us by an Act passed in the fifth year of the reign of His late Majesty King William the Fourth, intituled "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales," Do hereby Order, Direct, and Declare, with respect to each and every of the Unions named in the Schedule hereunto annexed, as follows:
ART. 1.—Every able-bodied male pauper receiving relief from any Parish within the Union, and not relieved in the workhouse, shall be relieved in the following manner : that is to say,—
Half at least of the relief given to such pauper shall be given in food, clothing, and other articles of necessity.
No such pauper shall receive relief from the Guardians of the Union, or any of their Officers, or any Overseer of any Parish in the Union, while he is employed for wages or other hire or remuneration by any person ; but every such pauper so relieved shall be set to work by the Guardians.
ART. 2. — The place or places at which able-bodied male paupers shall be so set to work in the Union ; the sort or sorts of work in which they or any of them shall be employed, the times and mode of work, and all other matters relating to the employment of such able-bodied paupers, shall be fixed and regulated in such manner as the Poor Law Commissioners shall direct, upon a report being made to them by the Guardians respecting the employment of such able-bodied paupers; which report the Guardians shall transmit to the said Commissioners within fourteen days after the day when this Order shall come into force, and from time to time afterwards as the Poor Law Commissioners may require.
ART. 3. — The Guardians shall, upon the direction of the Poor Law Commissioners, appoint either for a definite or indefinite term, an officer for the superintendence of the paupers employed under articles 1 and 2, to be styled "Superintendent of Pauper Labour," and an Assistant or Assistants to such officer ; and every Superintendent and Assistant who may be so appointed shall comply with the regulations of this Order, and any directions which the Poor Law Commissioners may give, in pursuance of article 2.
ART. 4. — Every Superintendent and Assistant to be appointed under this Order, shall be appointed by a majority of the Guardians present at a meeting of the Board; and every such appointment shall, as soon as the same shall have been made, be reported to the Poor Law Commissioners by the Clerk to the Guardians.
ART. 5. — No appointment to the office of Superintendent shall be made under this Order, unless notice that such appointment will be made shall have been given at one of the two ordinary meetings of the Board of Guardians next preceding the meeting at which the appointment shall be made, or unless an advertisement giving notice of such appointment shall have appeared in seine public paper, by the direction of the Guardians, at least seven days before the day on which such appointment shall be made.
ART. 6. — The Guardians shall pay to the Superintendent, and his Assistant or Assistants, such salaries or remuneration as the Poor Law Commissioners shall from time to time direct or approve ; and the salary of every Superintendent or Assistant appointed under this Order shall be payable up to the day on which he ceases to hold his office, and no longer.
ART. 7. — Every person appointed to the office of Superintendent of pauper labour under this Order shall continue to hold the same during the term for which he shall be appointed, until he shall die, or resign, or be removed by the Poor Law Commissioners; but the Guardians may, at their discretion, suspend from the discharge of his duties any such Superintendent, and shall, in case of every such suspension, forthwith report the same, together with the cause, thereof, to the Poor Law Commissioners for their decision thereon.
ART. 8. — Every Assistant appointed under this Order may be dismissed by the Guardians, without the consent of the Poor Law Commissioners ; but every such dismissal, and the grounds thereof, shall be reported to the Poor Law Commissioners.
ART. 9. — If any Superintendent appointed under this Order be at any time prevented by sickness, or accident, or other sufficient reason, from the performance of his duties, the Guardians may appoint a fit person to act as his temporary substitute, and may pay him a reasonable compensation for his services; and every such appointment shall be reported to the Poor Law Commissioners by the Clerk to the Guardians, as soon as the same shall have been made.
ART. 10. — When any Superintendent appointed under this Order shall die or resign, the Guardians shall, as soon as conveniently may be after such death or resignation, give notice thereof to the Poor Law Commissioners, and shall proceed to make a new appointment, in the manner prescribed by the above regulations.
ART. 11. — Provided always, that the regulations in article I shall not apply in the case of any able-bodied male pauper who shall come within any of the following descriptions : that is to say,-
1st. Where such pauper shall receive relief on account of sudden and urgent necessity.
2nd. Where such pauper shall receive relief on account of any sickness, accident, or bodily or mental infirmity affecting such pauper, or any of his family.
3rd. Where such pauper shall receive relief for the purpose of defraying the expenses, either wholly or in part, of the burial of any of his family.
4th. Where such pauper shall be confined in any gaol or place of safe custody.
5th. Where any able-bodied male person shall not reside within the Union, but the wife, child, or children of such person shall reside within the same, the Guardians may afford relief to such wife, child, or children, according to their discretion.
ART. 12. — In every case in which the Guardians or any of their officers may allow relief on account of sickness, accident, or infirmity, to any able-bodied male person, or to any member of the family of any able-bodied male person, without setting such person to work, according to the directions in article 1, an extract from the Medical Officer's Weekly Report (if any such officer shall have attended the case), stating the nature of such sickness, accident, or infirmity, shall be specially entered in the Minutes of the Proceedings of the Guardians of the day on which the relief is ordered or subsequently allowed.
But if the Guardians shall think fit, a certificate under the hand of a Medical Officer of the Union, or of the Medical Practitioner in attendance on the party on account of whose sickness, accident, or infirmity, relief shall be allowed, shall be laid before the Board, stating the nature of such sickness, accident, or infirmity, and a copy of the same shall be in like manner entered in the Minutes).
ART. 13. — It shall not be lawful for the Guardians of the Union, or any of their officers, or for any Overseer of any parish in the Union, to pay the rent, wholly or in part, of any pauper: Provided always that nothing In this article contained shall apply to any shelter or temporary lodging procured in any case of sudden and urgent necessity or mental imbecility.
ART. 14. — If the Guardians of the Union shall depart in any particular instance from any of the regulations hereinbefore contained, and shall, within fifteen days after such departure, report the same and the grounds thereof to the Poor Law Commissioners, and if the Poor Law Commissioners shall approve of such departure, then the relief granted in such particular instance shall, if otherwise lawful, not be deemed to be unlawful, or be subject to be disallowed.
ART. 15. — No relief which shall be contrary to any regulation in this Order shall be given by way of loan ; and every relief which may be given to or on account of any person above the age of twenty-one, or to his wife, or any part of his family under the age of sixteen, under articles 1,11, or 12, may, if the Guardians shall think fit, be given by way of loan.
ART. 16. — Whenever the word "Parish" is used in this Order, it shall be taken to signify any place separately maintaining its own poor.
ART. 17. — Whenever in this Order any article is referred to by its number, the article of this Order bearing that number shall be taken to be signified thereby.
Containing the Names of the Union, to which the present Order applies.
Carlisle Union, in the County of Cumberland.
Easington Union, in the County of Durham.
Keighley Union, in the County of York.
Newcastle-upon-Tyne Union, in the County of the Town of Newcastle-upon-Tyne and County of Northumberland.
Sunderland Union, in the County of Durham.
Given under our Hands and Seal of Office, this thirtieth day of April, in the year one thousand eight hundred and forty-two.
(Signed) G. C. LEWIS.
EDMUND W. HEAD.
On the 14th March 1845, a General Order similar to the above was issued to the following Unions :—
Separate Orders, also similar to the above, were issued on the undermentioned dates to the following Unions :—
Ashton-under-Lyne 29 March1847. Bradford (Yorkshire) 23 January 1843. Dulverton 31 July1846. Gateshead 30 July 1842. Halifax 23 January 1843. Helston 29 January 1846. Northallerton 22 May 1847. Pocklington 9 November 1844. Runcorn 5 June 1846. Settle 8 June 1892. Stockton 8 July 1842.
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