Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
decided that outdoor relief to single women having illegitimate children
was illegal, as being in contravention of the Outdoor Relief Prohibitory
Order in force in those unions;[96] thus proving that, under this order,
the category of "the able-bodied and their families" included
independent women with children; although in the other kind of orders,
contemporaneous in date, the same category included men only (and their
families). This is the more puzzling, in that we find the Central
Authority, in 1839 at least, regarding these very outdoor relief
prohibitory orders as practically, if not literally, applicable only to
able-bodied males. In the comprehensive defence of its action, when
pleading for a renewal of the Act, the Central Authority expressly
describes these orders as "_prohibiting outdoor relief to able-bodied
male paupers_"; and as having attained the object aimed at, that of
destroying the allowance system or relief in aid of wages, "_so far as
respects able-bodied male paupers and their families_."[97]
[94] See for instance the Order of 31st December, 1834, issued to
Sutton Courtney Parish, now included in Abingdon Union, and the
Outdoor Relief Regulation Order, 14th December 1852, art. 1.
[95] See Consolidated Order for the Administration of Relief in
Town Unions, 7th March 1836, in Second Annual Report, 1836, p. 92;
the Order of 26th April 1839, to Aston Union; and Outdoor Relief
Prohibitory Order, 21st December 1844, art. 1.
[96] _Official Circular_, No. 1, p. 8, 8th January 1840; _Ibid._
No. 34, p. 79, 30th April 1844.
[97] p. 62 of Report on the Further Amendment of the Poor Law,
1839.
To sum up this question of definition, in one series of outdoor relief
regulations applicable to the able-bodied, in force in certain unions,
the category of "the able-bodied" expressly excludes independent women;
in another series of regulations, in force in other unions, the category
of "the able-bodied" includes such women. There is actual evidence that
the Central Authority enforced these differing determinations so far as
to include as among "the able-bodied" unmarried women having
illegitimate children in those unions in which one set of Orders was in
force. Whether it ever actually enforced this interpretation as regards
single women without children is not apparent in the published
documents, but would be seen from its records. The fact of variance
between the two interpretations of the category of "the able-bodied"
becomes important when the two series of regulations are consolidated
into two orders embodying distinct policies, one or other of which is
made applicable to every union in the country.
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