Great Britain. Royal Commission on Poor Laws and Relief of Distress; Poor -- Great Britain; Poor laws -- Great Britain
[273] General Order of 5th February 1842, arts. 32, 33, in Eighth
Annual Report, 1842, p. 85. Moreover, women after confinement
might be "churched," and children were normally to be baptized, in
the parish church (Instructional Letter of 5th February 1842, in
Eighth Annual Report, 1842, p. 117).
[274] General Order of 5th February 1842, arts. 32 and 33, in
Eighth Annual Report, 1842, p. 85. This was rescinded (but
apparently only for 81 unions out of 542) by Order of 7th February
1843, in Ninth Annual Report, 1843, p. 378.
[275] Instructional Letter of 5th February 1842; in Eighth Annual
Report, 1842, p. 118.
(ix.) _Discharge and Detention_
It was an essential part of the policy of the Central Authority that any
workhouse inmate over sixteen could leave the house on giving reasonable
notice--at first defined as three hours, and then left more vague, but
explained to mean sufficient to enable the master to make the necessary
entries, return the pauper's own clothes, etc., and to let the discharge
take place in working hours. The option was, however, with the head of
the family in each case; and if the head was "able-bodied"--it is not
clear whether this was to be in the "indoor" or the "outdoor" sense of
that term--the whole family had to leave with him (or her), unless the
board of guardians chose to allow an exception. In particular an
able-bodied man was not to be allowed to leave his wife and children in
the workhouse, whilst he sought work. If he insisted on going out, the
wife and children were also to be discharged with him.[276] It was, in
fact, to be a cardinal feature of the workhouse that so far as any
person over sixteen was concerned there should be no power of detention.
Even if paupers persisted in repeatedly passing in and out at short
intervals--it might be "for improper purposes"; even if "persons of weak
intellect" or of "confirmed vagrant habits" made it "a practice to
return again after a short absence, generally in a most abject and
loathsome state";[277] even if women persisted in returning to the
workhouse year after year to be confined of a succession of illegitimate
children;[278] or if sick paupers demanded their discharge at a time
when to go out would "damage their own health," or even, if they had an
infectious disease, "endanger the health of others,"[279] they were
still, after a warning, to be permitted freely to leave when they chose.
To this total lack of power to detain there were only three exceptions.
Children who were doubly orphaned, or deserted by both parents, might
be detained if under sixteen; the guardians (though without statutory
authority) being assumed to be _in loco parentis_. A person of unsound
mind, duly certified as such, could be detained; but this power did
not apply to persons of merely defective intellect or feeble-minded.
Finally, as we have already mentioned, the practice of four hours'
Public-domain text, read in full here on John Shaqi.
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