Page:Destitute Persons Act 1846.pdf/4

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No. 9.


Sess. VII.

Destitute Persons.

of distress shall be issued for more than the amount of arrears for thirteen weeks' payment in discharge of the whole arrears.

Party liable for payment may be detained in custody.

18.If the amount of arrears so adjudged to be due as aforesaid shall not immediately be paid, it shall be lawful for such Justices at their discretion to order the person liable for the payment thereof to be detained in safe custody until return can conveniently be made to any warrant of distress to be issued for the levying of any such arrears, unless he shall give sufficient security to the satisfaction of the said Justices for his appearance before two Justices on the day which may be appointed for the return of such warrant of distress, such day not being more than seven days from the time of taking any such security.

Property of persons absconding liable for support of their wives and children.

19.In case it shall be made to appear upon oath to the satisfaction of any two Justices that any person hath quitted the Colony, or keeps himself concealed or away from his usual place of abode, and hath left his wife or children without means of support, or that such person is so absent with the intent to avoid the payment of any sum of money he may have been ordered to pay under the authority of this Ordinance, it shall be lawful for any two Justices, by warrant under their hands, to authorize some person to receive so much of the rents and profits of the real estate of such person, and to sell such portion of his personel estate as the said Justices may from time to time direct, not exceeding the rate hereinbefore provided, and to appropriate the money so received towards the support of the wife or children of such person as the case may be in such manner as to the said Justices shall seem meet: Provided always that nothing herein contained shall be construed so as to interfere with the just rights claims or remedies of any person to whom the person so quitting the Colony or keeping concealed or away from his usual place of abode may be indebted: Provided also that the receipt of the person so authorized as aforesaid shall be a good discharge to any tenant or other person for all moneys paid by him and acknowledged in such receipt to be paid.

Persons about to abscond may be arrested.

20.In case any person who may be bound by any such order as aforesaid shall attempt to remove from the Colony, it shall be lawful for any two Justices of the Peace, on the application of any officer appointed by the Governor to act in that behalf, to cause such person to be arrested and to be detained in safe custody until he shall give security, to the satisfaction of such Justices, for the due performance of such order, or shall make a composition for the same as hereinbefore provided: Provided always that no such arrest shall be made unless the person applying for the same shall make a direct and positive affidavit, to the satisfaction of such Justices, that such order is then in force and unsatisfied, and that he believes that the person bound thereby is about to remove from the Colony, and shall also show in such affidavit that there is probable cause for such belief.

False statements.

21.Every person who shall wilfully make any false mis-statement on oath or affirmation in any proceeding before any Justice of the Peace under the provisions of this Ordinance shall be deemed guilty of a misdemeanour.

Parties aggrieved &c. may appeal.

22.If any person shall feel aggrieved by any conviction or order to be made under the authority of this Ordinance, and shall, within five days after such conviction or the making of such order, give notice of appeal to the party on whose information or complaint such conviction or order may have been made, and also within seven days give sufficient security, by recognizance or otherwise, for the payment of costs to the satisfaction of some one Justice of the Peace, it shall be lawful for the person so feeling aggrieved as aforesaid to appeal to the General Quarter Sessions of the Peace to be holden after the period of