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English Poor Law Policy

Note 791 — Chapter IV · (continued 2)

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Poor Law Act, 62 & 63 Vic. c. 37, sec. 4. The guardians are not obliged to adopt these periods of detention, and if they do so, provision is made for cases of hardship by allowing them, or in the intervals between their meetings the visiting committee, to "exempt, either wholly or partially, any pauper from the operation of this section." The master of the workhouse, too, "may, if the board of guardians be not sitting or the visiting committee be not in attendance, discharge any pauper to whom this section shall apply before the expiration of any such period as aforesaid, if any circumstances shall, in his opinion, require this to be done."

If a pauper escapes from the workhouse during his detention, or while an inmate refuses or neglects to work or to observe the rules, he may be prosecuted as idle and disorderly under the Vagrancy Act of 1824 (5 Geo. IV. c. 83, sec. 3); for a repetition of the offence, or for destroying or damaging his own clothes or any property of the guardians, he becomes liable to the heavier penalty of the rogue and vagabond. The same penalties attach to the wilfully giving a false name or making a false statement for the purpose of obtaining relief, and this clause has been twice revised, so that since 1876 (Divided Parishes and Poor Law Amendment Act, 39 & 40 Vic. c. 61, sec. 44) any person who so obtained relief may be proceeded against at any time while he continues to receive it, and since 1882 (Casual Poor Act, 45 & 46 Vic. c. 36, sec. 5) the provision applies equally, whether the person attempts so to obtain relief for himself or for any one else. If a pauper escapes from a workhouse or asylum while suffering from bodily disease of an infectious or contagious nature, the justice convicting him of the offence may order that he be taken back to the workhouse or asylum and kept there till cured, or otherwise lawfully discharged, and that the warrant of commitment then be put in execution.

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