ORDER PROHIBITING OUTDOOR RELIEF, 1844.
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:
ARTICLE 1. — Every able-bodied person, male or female, requiring relief from any Parish within any of the said Unions, shall be relieved wholly in the Workhouse of the Union, together with such of the family of every such able-bodied person as may be resident with him or her, and may not be in employment, and together with the wife of every such able-bodied male person, if he be a married man, and if she be resident with him ; save and except, in the following cases :—
1st. Where such person shall require relief on account of sudden and urgent necessity.
2d. Where such person shall require relief on account of any sickness, accident, or bodily or mental infirmity affecting such person, or any of his or her family.
3d. Where such person shall require relief for the purpose of defraying the expenses, either wholly or in part, of the burial of any of his or her family .
4th. Where such person, being a widow, shall be in the first six months of her widowhood.
5th. Where such person shall be a widow, and have a legitimate child or legitimate children dependent upon her, and incapable of earning his, her, or their livelihood, and have no illegitimate child born, after the commencement of her widowhood.
6th. Where such person shall be confined in any gaol or place of safe custody, subject always to the regulation contained in Article 4.
7th. Where such person shall be the wife, or child, of any able-bodied man who shall be in the service of Her Majesty as a soldier, sailor, or marine.
8th. Where any able-bodied person, not being a soldier, sailor, or marine, shall not reside within the Union, but the wife, child, or children of such person shall reside within the same, the Board of Guardians of the Union, according to their discretion, may, subject to the regulation contained in Article 4, afford relief in the Workhouse to such wife, child, or children, or may allow out-door relief for any such child or children being within the age of nurture, and resident with the mother within the Union.
ART. 2. — In every case in which out-door relief shall be given on account of sickness, accident, or infirmity, to any able-bodied male person resident within any of the said Unions, or to any member of the family of any able-bodied male person, 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 Board of Guardians of the day on which the relief is ordered or subsequently allowed.
But if the Board of 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, 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. 3. — No relief shall be given from the poor-rates of any parish comprised in any of the said Unions to any person who does not reside in some place within the Union, save and except in the following cases :—
1st. Where such person, being casually within such parish, shall become destitute.
2d. Where such person shall require relief on account of any sickness, accident, or bodily or mental infirmity, affecting such person, or any of his or her family.
3d, Where such person shall be entitled to receive relief from any parish in which he or she may not be resident, under any order which Justices may by law be authorized to make.
4th. Where such person, being a widow, shall be in the first six months of her widowhood.
5th. Where such person is a widow, who has a legitimate child dependent on her for support, and no illegitimate child born after the commencement of her widowhood, and who at the time of her husband's death was resident with him in some place other than the parish of her legal settlement, and not situated in the Union in which such Parish may be comprised.
6th. Where such person shall be a child under the age of sixteen, maintained in a Workhouse or establishment for the education of pauper children not situate within the Union.
7th. Where such person shall be the wife or child residing within the Union, of some person not able-bodied, and not residing within the Union.
8th. Where such person shall have been in the receipt of relief from some parish in the Union from which such person seeks relief, at some time within the twelve calendar months next preceding the date of that one of the several Orders hereinbefore recited which was applicable to that Union, being settled in such parish and not being resident within the Union at the time of the allowance of the relief.
ART. 4. — Where the husband of any woman is beyond the seas, or in custody of the law, or in confinement in a licensed house or asylum as a lunatic or idiot, all relief which the Guardians shall give to his wife, or her child or children, shall be given to such woman in the same manner and subject to the same conditions, as if she were a widow.
ART. 5. — It shall not be lawful for the Guardians, or any of their Officers, or for the Overseer or Overseers of any Parish in the Union, to pay, wholly or in part, the rent of the house or lodging of any pauper, or to apply any portion of the relief ordered to be given to any pauper in payment of any such rent, or to retain any portion of such relief for the purpose of directly or indirectly discharging such rent, in full or in part, for any such 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, or shall be taken to prevent the said Guardians, in regulating the amount of relief to be afforded to any particular person, from considering the expense to be incurred by such person in providing lodging.
ART. 6. — Provided always, that in case the Guardians of any of the said Unions depart in any particular instance from any of the regulations herein-before contained, and within fifteen days after such departure report the same, and the grounds thereof, to the Poor Law Commissioners, and the Poor. Law Commissioners 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. 7. — No relief which may be contrary to any regulation in this Order shall be given by way of loan; and any 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 or her family under the age of sixteen, under Art. 1, or any of the exceptions thereto, or under any of the exceptions to Art. 3, or under Art. 4, or under the proviso in Art. 6, may, if the Guardians think fit, be given by way of loan.
ART. 8. — Whenever the word "Parish" is used in this Order, it shall be taken to include any place separately maintaining its own poor, whether parochial or extra-parochial.
ART. 9. — Whenever the word "Union" is used in this Order, it shall be taken to include not only an Union of Parishes formed under the provisions of the hereinbefore-recited Act, but also any Union of Parishes incorporated or united for the relief or maintenance of the poor under any Local Act of Parliament.
ART. 10. — Whenever the word "Guardians" is used in this order, it shall be taken to include not only Guardians appointed, or entitled to act, under the provisions of the said hereinbefore-recited Act, but also any Governors, Directors, Managers, or Acting Guardians entitled to act in the ordering of relief to the poor from the poor-rates under any Local Act of Parliament.
ART. 11. — 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.
Schedule containing the Names of the Unions to which the present Order applies.
Bosmere and Claydon
Bridgend and Cowbridge
Bury Saint Edmunds
Caxton and Arrington
Columb, St., Major
Cricklade and Wootton Bassett
Flegg, East and West
Gravesend and Milton
Highworth and Swindon
Lexden & Winstree
Loddon and Clavering
Mitford and Launditch
Plympton, St. Mary
Thanet, Isle of
Tunstead and Happing
Wareham and Purbeck
Westbury and Whorwelsdown
Wimborne and Cranborne
Wolstanton and Burslem
Given under our Hands and Seal of Office, this Twenty-first day of December, in the year of our Lord One thousand eight hundred and forty-four,
(Signed) GEO. NICHOLLS. G.
EDMUND W. HEAD.
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