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A.D. 1927.

[1825, s. 2.]

Settlement

of land, or of both, rented by him at a rent of not less than ten pounds a year for one whole year; and

(b) resides in the parish in which the tenement is situated for forty days after such payment as 5 aforesaid,

he shall thereby acquire a settlement in that parish:

Provided that in the case of a tenement so rented no settlement shall be acquired under this section unless the tenement is occupied for a whole year by virtue of 10 the renting and rent to the amount of ten pounds is actually paid for a year of the tenancy.

115. Where an order has been made adjudging by estoppel. any person to be settled in a parish named therein and ordering him to be removed thereto, then

Restrictions on the

acquisition of settle

ment in certain cases. [1814, s. 3.]

[1773, s. 5; 1814, s. 2.]

1831 (Rel.), s. 5; 1831

(a) if the order has not been appealed against, or if any appeal against the order has been dismissed or abandoned; and

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(b) if the person has been removed thereunder or
has, after the service of the order, been 20
relieved without actual removal by the board
of guardians of the poor law union comprising
the parish,

the order shall be conclusive evidence for all purposes
that such person was at the date thereof settled in the 25
parish.

116.-(1) A person born in any poor law institution shall, so far as regards his settlement of birth, be deemed to have been born in the parish in which his mother was residing before she last became chargeable as an inmate 30 of the poor law institution.

(2) No person whose mother was at the time of his birth a prisoner in a prison, or a patient in a lying-in hospital, shall be deemed to be settled, by reason of his birth therein, in the parish in which the 35 prison or hospital is situated, and in the case of an illegitimate child born in a lying-in hospital, the parish in which the mother was settled at the time of birth shall be deemed to be the child's settlement of birth.

(3) No person to whom any land hired, taken, or 40 enclosed under or by virtue of the provisions of Part V. (C.L.), s. 2.] of this Act, or the corresponding enactment in any Act

repealed by this Act, has been let, shall acquire a settle- A.D. 1927. ment by reason of his renting and occupying, or by reason of his paying local rates in respect of, such land, either alone or with any other land or tenement.

5 (4) No toll keeper of any navigation, or person [1814, s. 5.] renting the tolls and residing in any toll house of the navigation, shall acquire any settlement by reason of renting and occupying a tenement or by reason of the payment of public taxes or local rates.

and settle

10 117. No person shall derive or acquire, or be Questions deemed to have derived or acquired, a status of irre- of removability or settlement except in accordance with the movability provisions of this Part of this Act; and any question ment to be arising after the commencement of this Act as to the decided in 15 removability or settlement of any person shall be accordance determined as if those provisions had been in force at all with this material dates:

Provided that where an order of removal has been made before the commencement of this Act any appeal 20 therefrom shall be determined as if this Act had not been passed.

Act alone.

termination

118. (1) Where at the time of the grant of relief Liability to any person that person's settlement is in question, the for relief expenses of his relief pending the determination of the pending de25 settlement shall be chargeable to the board of guardians of settleof the poor law union which is finally determined or ment. admitted to be the poor law union in which his parish of [1834, s. 84.] settlement is comprised:

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335

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Provided that—

(a) that board shall not be liable to repay the
cost of relief granted before notice of the
person having become chargeable was sent
to them by the board which granted relief;
and

(b) this section shall not apply where a removal
order is refused on the ground that the
person whose settlement was in question
had acquired a status of irremovability in
the poor law union from which it was
sought to remove him.

(2) Any sum which a board of guardians are liable to pay under this section shall be recoverable summarily

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Removal by 119. If a board of guardians are satisfied that any consent. person chargeable to another poor law union is settled [1865 (U.C.), in a parish within, and removable to, their union, and

8. 6.]

Removal by
order of
justices.
[1795, s. 1;
1846, s. 4;
1865 (U.C.),

8. 2; 1867,
(Am.), s. 27;
1876, ss. 25
and 34.]

Time for removal.

1848

consent under their common seal to receive such person 5 without a removal order, the board seeking to remove him may do so without such an order.

120. Upon complaint made by a board of guardians that a person has become chargeable to the poor law union, two justices of the peace having jurisdiction in 10 any part of the union, if satisfied of the truth of the complaint and that the person is not settled within or irremovable from the union, may order him to be removed to the poor law union in which his parish of settlement is situated:

Provided that

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(a) no order shall be made for the removal of
any person becoming chargeable in respect of
relief made necessary by sickness or accident,
unless the justices making the order state 20
therein that they are satisfied that the sickness
or accident will produce permanent disability;
and

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(b) a removal order in respect of a settlement alleged to have been acquired by residence 25 shall not be made upon the evidence of the person to be removed without such corroboration as the justices think sufficient.

121.-(1) No person shall be removed under a removal order until twenty-one days have elapsed after 30 [1834, s. 79; written notice of his being chargeable, accompanied by a (Proc.), s. 2.] copy of the order and by a written statement setting forth the grounds of removal (including particulars of the settlement relied upon in support thereof), has been served by the removing board of guardians upon the 35 board of guardians against whom the order is made.

[1848 (2) The clerk to the justices making a removal (Proc.) order shall keep the depositions upon which the order ss. 3 and 9.] was made, and shall within seven days furnish a copy thereof to the board of guardians against whom the order 40 is made, if they apply for a copy and pay for it at

the rate of twopence per folio of seventy-two words; and A.D. 1927. if such an application is made within the period of twenty-one days above mentioned, no person named in the order shall be removed until the expiration of fourteen 5 days from the sending of the copy of the depositions.

(3) If notice of appeal against a removal order is [1834, s. 79.] received by the removing board of guardians within the period of twenty-one days mentioned in subsection (1) of this section, or if a copy of the depositions is applied for 10 within that period, before the expiration of the fourteen days mentioned in subsection (2) of this section, no person named in the order shall be removed until the appeal has been finally disposed of or the time for prosecuting the appeal has expired.

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(4) Notwithstanding anything in this section, if the [1834, s. 79.] board of guardians against whom a removal order is made consent in writing to submit to the order and to receive any person named therein that person may be removed. forthwith.

1814, s. 10;

122.-(1) The board of guardians of the poor law Execution union from which any person is ordered to be removed of removal under the provisions of this Part of this Act may employ order. any proper person to remove and deliver him to the [1691, s. 9; board of guardians of the poor law union to which he is 1846, s. 7.] 25 ordered to be removed, and the delivery of any such person at the workhouse of the last-mentioned board to any officer of the workhouse shall be deemed a delivery to the board of guardians.

(2) If any guardian or officer of a workhouse refuses 30 to receive any person so delivered in accordance with the terms of a removal order and of this Part of this Act, he shall be liable on summary conviction to a fine not exceeding five pounds.

of sickness.

123.-(1) If it appears to the justices making a Suspension 35 removal order that any person named therein is unable to of removal travel by reason of sickness or other infirmity, or that it order in case would be dangerous for him to do so, they shall by an [1795, s. 2.] endorsement on the order signed by them suspend the execution of the order until satisfied that it may 40 safely be executed without danger to that person.

(2) The suspension of a removal order under this [1809, s. 3.] section shall operate also as a suspension for the same

A.D. 1927. period of the order so far as it relates to every other person named therein who was of the same household or family as the sick or infirm person at the time of the making of the order.

[1795, s. 2.]

[1809, s. 2.]

[1834, s. 84.]

[1867 (Am.), s. 26.]

[1795, s. 2; 1809, s. 1.]

[1795, s. 2.]

(3) No act done by any person continuing to reside 5 in a poor law union under the suspension of a removal order shall be of any effect for the purpose of giving him a status of irremovability therefrom or a settlement therein.

(4) The suspension of a removal order shall not 10 affect the time within which notice of appeal against the order has to be given.

(5) No expenses of relief shall be recoverable under
a suspended removal order unless notice of the order,
with a copy thereof, has been served within ten days 15
upon the board of guardians against whom it is made;
but subject as aforesaid,-

(a) the removing board of guardians may at the end
of every quarter send to the board of guardians
against whom the order is made an account of 20
the cost incurred in the relief of any person
named in the order, and may recover the amount
reasonably expended by them (or so much thereof
as may remain unpaid) in the county court
within whose district their poor law union or 25
the greater part thereof is situated;

(b) if the removal order is subsequently executed,
or the person named in the order dies before the
execution thereof, the justices who made the
order or any two justices having the same 30
jurisdiction may upon complaint order the
expenses proved to have been incurred by the
suspension of the order (or so much thereof as
may remain unpaid) to be paid by the board of
guardians against whom the removal order was 35
made.

(6) If the sum ordered to be paid by any board of
guardians under paragraph (b) of the preceding subsection
exceeds twenty pounds, the board may appeal against
the order to the next court of quarter sessions in like 40
manner as against a removal order; and on such an appeal
the court may if they think fit reduce the sum ordered
to be paid.

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