Poor Person - Law Dictionary Search Results
Emigration of poor persons
Emigration of poor persons. See Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 68, by which the council of any county or county borough may, with the consent of the Minister of Health, and in compliance with such rules, orders, and regulations as he may prescribe, procure, or assist in procuring the emigration of, any orphan or deserted child under 16 who is chargeable to the county or county borough; any poor person who is chargeable, or would be, if relieved, be chargeable to the county or county borough; any poor person having a settlement in the county or county borough. In the case of an orphan or deserted child the child must give its consent before a petty criminal court....
Poor person
Poor person, includes any poor or indigent person applying for or receiving relief (Poor Law Act, 1930). As litigant, see IN FORM' PAUPERIS....
Removal of poor person
Removal of poor person. See SETTLEMENT....
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
Settlement
Settlement, means an agreement ending a dispute or a law suit, Black's Law Dictionary, 7th Edn., p. 1377.Settlement, suggests that, in the process of vesting, the right to possession in such lands is also vested in the State, and thereafter it is settled back with the outgoing proprietor by the operation of law, Brijnandan Singh v. Jamuna Prasad Sahu, AIR 1958 Pat 589.Settlement, the act of giving possession by legal sanction; a jointure granted to a wife; a disposition of either real or personal property or both for the benefit of one person for his life, and after his death for the benefit of another person absolutely, or with a similar ultimate devolution for the use of several persons in succession after the person first named. See last title, and SETTLEMENT ESTATE DUTY.The conveyance of property -- or of interests in property -- to provide for one or more beneficiaries, usu. members of settlor's family in a way that differs from what the beneficiaries would receive as heirs under ...
Parish Apprentices
Parish Apprentices, persons who were bound out by the overseers of parishes, or by the guardians of the poor. The children of poor persons could be apprenticed out by the overseers, with consent of two justices, and by the guardians without such consent, till twenty-one years of age, to such persons as were thought fitting; who were no longer, however, compellable to take them, Poor Law Amendment Act, 1844, s. 13. This was repealed by the Poor Law Act, 1927, now repealed. For the present law, see Poor Law Act, 1930 (19 & 20 Geo. 5, c. 17), ss. 59 to 66, also s. 69 (naval service for boys), and the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 393 (merchant service); and see Chitty's Statutes, tit. 'Poor (Apprentices).'...
Guardians of the poor
Guardians of the poor. Their powers have been transferred to the councils of the counties and county boroughs, who are now the poor law authorities; see the (English) Local Government Act, 1929 (c. 17), s. 1, and (English) Poor Law Act, 1930) c. 17), s. 2 (see POOR LAW AUTHORITIES). Previously, they were the persons administering, under the control of the Ministry of Health, the funds raised by poor rates under the Poor Relief Act, 1601, and other Acts for the relief of the poor. They were elected by ballot by parochial electors, each giving one vote and no more for each of any number of persons not exceeding the number to be elected in 'unions' or parishes, as the case may be, within 40 days after the 25th March in every year, to serve for three years, one-third of their number going out of office every year under the (English) Poor Law Amendment Act, 1834 (4 & 5 Wm. 4, c. 76), ss. 38 et seq., as amended materially by the (English) Local Government Act, 1894 (56 & 57 Vict. c. 73, s. 2...
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
In forma pauperis
In forma pauperis (in the character of a pauper). Every poor person, having cause of action, was entitled by 11 Hen. 7, c. 12, which is in affirmance of the Common Law, to have writs according to the nature of the case, without paying the fees thereon, and the judges might assign him counsel and solicitor, who acted gratis. This discretionary indulgence was confined to plaintiffs at Common Law, but was extended by Courts of (English) Equity to defendants.The statute 11 Hen. 7, c. 12, is repealed by the Statute Law Revision and Civil Procedure Act, 1883, but its provisions and those of the Chancery Orders and Common Law Rules (which gave effect to it in somewhat different terms) are thrown into one code by (English) R.S.C., Ord. XVI., rr. 22-31 G., by which a person may be admitted to sue or defend as a poor person on proof that he has a reasonable cause of action or defence and that his means do not exceed 50l. his clothes, household goods, tools of trade, and the subject-matter of the...
Charities, or Public Trusts
Charities, or Public Trusts. One of the earliest fruits of the Emperor Constantine's zeal, or pretended zeal, for Christianity, was a permission to his subjects to bequeath their property to the Church. This permission was soon abused to so great a degree as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that legacies to pious uses (which included all legacies destined to works of charity, whether they related to spiritual or temporal concerns) were entitled to peculiar favour, and to be deemed privileged testaments.Lord Thurlow was clearly of opinion that the doctrine of charities grew up from the civil law; and Lord Eldon, in assenting to that opinion, has judiciously remarked, that at an early period that ordinary had the power to apply a portion of every man's personal estate to charity; and when afterwards the statute compelled a distr...
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