Anno Primo
Regni VICTORI, Britanniarum Regin.
CAP. LVI.
An Act for the More effectual Relief of the Destitute Poor in Ireland.
'AT the Parliament begun and holden at Westminster, the Fifteenth Day of November, Anno Domini 1837, in the First Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith: Being the First Session of the Thirteenth Parliament of the United Kingdom of Great Britain and Ireland .'
'WHEREAS it is expedient to provide for the more effectual Relief of the
destitute Poor in Ireland: ' Be it therefore enacted by
the Queen's most Excellent Majesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, That the Poor
Law Commissioners for the Time being shall be the Commissioners to carry
this Act into execution.
II. And be it enacted, That it shall be lawful for the said
Commissioners, or any One of them, at any Time or Place, by Summons
under the Seal of the Commissioners, or under the Hand and Seal of any
One of them, to require the Attendance of all such Persons as they or he
may think fit to call before them or any of them upon any Matter
connected with the Objects or Purposes or the Execution of the
Provisions of this Act, and to make Inquiries, and require Returns, and
to administer Oaths, and examine all such Persons upon Oath, and to
require and enforce the Production upon Oath of Books, Contracts,
Agreements, Accounts, Maps, Plans, Surveys, Valuations, and Writings, or
Copies thereof respectively, in anywise relating to any such Matter, or,
where the Commissioners or Commissioner shall think fit, in lieu of
requiring such Oaths as aforesaid, to require any such Person to make
and subscribe a Declaration of the Truth of the Matters respecting which
he shall have been or shall be so examined: Provided always, that no
Person shall be required, in obedience to any such Summons, to go more
than Twenty Statute Miles from the Place of his Abode: Provided also,
that nothing herein contained shall extend to authorize or empower the
Commissioners to act as a Court of Record, or to require the Production
of the Title or any Papers or Writings relating to the Title of any
Lands, Tenements, or Hereditaments, not being Property vested in the
Commissioners by virtue of this Act.
III. And be it enacted, That from and after the passing of this Act the
Administration of Relief to the Poor throughout Ireland according to such Laws as shall be in force at the Time being shall be subject to the Direction and Control of the Commissioners, and for executing the Powers given to them by this Act the Commissioners are hereby authorized and required, from Time to Time as they shall see Occasion, to make and
issue all such Orders for the Government of Workhouses, Houses of
Industry, and Foundling Hospitals, and of the Poor therein, and for the
Guidance and Control, Appointment and Removal of the Officers thereof,
and for the Guidance and Control, according to the Intention of this
Act, of all Guardians, Wardens, and other Officers, paid or unpaid,
acting in the Management or Relief of the destitute Poor, and for the
keeping, examining, auditing, and allowing or disallowing of Accounts,
and for the making of Contracts in all Matters relating to such
Management or Relief, or to any Expenditure for the Relief of the
destitute Poor, and for carrying this Act into execution in all other
respects as they shall think proper; and the Commissioners
may, at their Discretion, from Time to Time suspend,
alter, or rescind such Orders, or any of them: Provided always, that
nothing in this Act contained shall be construed as enabling the
Commissioners, or any of them, to interfere in any individual Case for
the Purpose of ordering Relief.
IV. And be it enacted, That no General Rule of the Commissioners shall
operate or take effect until the Expiration of Forty Days after the
same, or a Copy thereof, shall have been sent to One of Her Majesty's
Principal Secretaries of State, unless One of Her Majesty's Secretaries
of State shall sooner allow the same; and if at any Time after such
General Rule shall have been so sent Her Majesty, with the Advice of Her
Privy Council, shall disallow the same or any Part thereof, such
Disallowance shall be notified to the Commissioners by One of Her
Majesty's Principal Secretaries of State; and such General Rule or the
Part thereof so disallowed shall not come into operation, if such
Disallowance be notified to the Commissioners at any Time during the
said Period of Forty Days; but if such Disallowance be so notified at
any Time after that Period, then from and after such Disallowance shall
have been so notified such General Rule, so far as the same shall have
been so disallowed, shall cease to operate, subject however and without
Prejudice to all Acts and Transactions under or in virtue of the same
previously to Notice of such Disallowance having been given by the
Commissioners in manner herein-after mentioned.
V. And be it enacted, That all General Rules for the Time being in force
at the Commencement of every Session of Parliament, and which shall not
previously have been submitted to Parliament, shall from Time to Time,
within One Week after the Commencement of every such Session, be laid by
One of Her Majesty's Principal Secretaries of State before both Houses
of Parliament.
VI. And be it enacted, That a written or printed Copy of every Order of
the Commissioners shall be sent by the Commissioners, by the Post, or in
such Manner as the Commissioners shall think fit, sealed or stamped with
their Seal, addressed to the Guardians of the Union, or their Clerk, or
the Officers acting in the Management or Relief of the destitute Poor,
or other Officers required to carry such Order into effect, and to the
Clerk to the Justices of the Petty Sessions held for the Division or
Divisions in
which such Union, or the Place where such Order is to take effect, shall
be situate: Provided always, that no Failure or Neglect in sending
Copies of any Order to any Clerk to the Justices as aforesaid shall in
any way affect the Validity of such Order.
VII. And be it enacted, That every Clerk of such Guardians and the
Clerks to the Justices aforesaid respectively shall and they are hereby
required to preserve and give Publicity to such Orders in such Manner as
the Commissioners shall direct, and also to allow every Rate-payer (or
his Agent authorized in Writing) in every such Union to inspect the same
at all reasonable Times, free of any Charge for such Inspection, and to
furnish Copies of the same, being paid for such Copies at the Rate of
Three-pence for every Folio of Seventy-two Words, and to allow Copies or
Extracts thereof to be taken, on being paid for so doing at the Rate of
Three Halfpence for every Folio of Seventy-two Words;
and in case any such Clerk to the Guardians or Clerk to the Justices to
whom such Orders or Copies thereof shall be sent as aforesaid shall
neglect to preserve and give Publicity to the same in the Mode
prescribed or directed by the Commissioners, or shall refuse such
Inspection, or to furnish or allow such Copies thereof to be taken as
aforesaid, every Person so offending shall for every such Offence be
subject and liable to a Penalty not exceeding the Sum of Ten Pounds nor
less than Forty Shillings.
VIII. And be it enacted, That if any such General Rule shall, after the
same shall have come into operation, be disallowed in manner
herein-before mentioned, or any Order whatever shall be revoked by the
Commissioners, then and in every such Case the Commissioners shall send
by the Post, or in such Manner as they shall think fit, to every Union
affected thereby, Notice of such Disallowance or Revocation, such Notice
of Disallowance or Revocation to be addressed, preserved, and inspected,
and Copies thereof furnished or allowed to be taken, in the same Manner
and subject to the same Penalties as are herein-before mentioned
respecting Orders.
IX. And be it enacted, That every Assistant Commissioner, Secretary,
Assistant Secretary, Clerk, and other Officer appointed by the
Commissioners shall, so far as the Commissioners shall direct, be
Officers for carrying this Act into execution.
X. And be it enacted, That a Notification of the Name of every
Commissioner and of every Assistant Commissioner directed to carry this
Act into execution shall, before they respectively enter upon the
Execution of this Act, be published in the London Gazette and in the Dublin Gazette .
XI. And be it enacted, That it shall be lawful for the Commissioners to
delegate, by Writing under their Hands and Seal, to any One of the
Commissioners, with the Approbation of One of Her Majesty's Principal
Secretaries of State, or to any One or more of their Assistant
Commissioners, provided such Assistant Commissioners shall be acting in
Ireland, any of the Powers and Authorities hereby or by any other Act given to the Commissioners (except the Power to make General Rules), as the Commissioners shall think fit; and the Powers and Authorities, and
the Delegation thereof, shall be notified in such Manner, and such
Powers and Authorities shall be exercised at such Places, for such
Periods, and under such Circumstances, and subject to such Regulations,
as the Commissioners shall direct; and the Commissioners may at any Time
revoke or vary all or any of the Powers and Authorities which shall be
so delegated as aforesaid, and, notwithstanding the Delegation thereof,
may act as if no such Delegation had been made.
XII. And be it enacted, That every Assistant Commissioner may and is
hereby empowered to summon before him such Persons as he may think
necessary for the Purpose of being examined upon Oath (which Oath such
Assistant Commissioner is hereby empowered to administer) upon any
Question or Matter which the Commissioners, if present, and acting in
the Execution of the Powers of this Act, might entertain or inquire
into: Provided nevertheless, that in lieu of requiring
such Oath as aforesaid such Assistant Commissioner shall, if he shall
think fit, require such Person to make and subscribe a Declaration of
the Truth of the Matters respecting which he shall have been or shall be
so examined; and all Summonses made by any such Assistant Commissioner,
and all Orders made by him in pursuance or exercise of such delegated
Powers and Authorities as aforesaid, shall be obeyed, performed, and
carried into effect by all Persons as if such Summons or Order had been
the Summons or Order of the Commissioners.
XIII. And be it enacted, That if any Person, upon any Examination under
the Authority of this Act, shall wilfully give false Evidence, or
wilfully make or subscribe a false Declaration, he shall, on being
convicted thereof, suffer the Pains and Penalties of Perjury; and if any
Person shall refuse or wilfully neglect to attend in obedience to any
Summons of the Commissioners or of any Commissioner or Assistant
Commissioner, or to give Evidence, or shall wilfully alter, suppress,
conceal, destroy, or refuse to produce any Books, Contracts, Agreements,
Accounts, Maps, Plans, Surveys, Valuations, or Writings, or Copies of
the same, which may be required to be produced for the Purposes of this
Act, to any Person authorized by this Act to require the Production
thereof, every Person so offending shall be deemed guilty of a Misdemeanor.
XIV. And be it enacted, That it shall be lawful for the Commissioners,
in any Case where they may see fit, to order and allow such Expences of
Witnesses, and such Expences attending the Production of any Documents
or Copies thereof to or before any Person authorized by this Act to
require the Production thereof, as such Commissioners may deem
reasonable, to be paid as follows; (that is to say,) out of the Rates of
the Union which in the Opinion of the Commissioners shall be interested
or concerned in such Testimony or Production respectively in all Cases
in which such Witnesses shall not go more than Ten Statute Miles from
their Place of Residence, and in all other Cases the Expences
so ordered or allowed shall be deemed Part of the incidental Expences
attending the Execution of this Act, and be paid accordingly.
XV. And be it enacted, That it shall be lawful for the Commissioners,
from Time to Time, by Order under their Seal, to unite such and so many
Townlands as they may think fit, to be a Union for the Relief of the
destitute Poor, by such Name as the Commissioners shall by such Order
direct.
XVI. And be it enacted, That it shall be lawful for the Commissioners,
from Time to Time, as they may think fit, to declare any such Union to
be dissolved, or any Townland or Townlands to be added to or separated
from any such Union; and in case of any Addition to or Separation from a
Union, or of any other Alteration of the Limits thereof, to make such
Orders as they may think fit for adapting the Constitution, Management,
and Government of such Union to its altered State; and in case of a
total or partial Dissolution of any Union, or other Alteration of the
Limits thereof, to ascertain to the best of their Judgments the
proportionate Value to any and every Townland affected by such
Dissolution or Alteration of any Property held or taken for or
relinquished by the Union in its altered State, and also the
proportionate Amount chargeable on every Townland in respect of all the
Liabilities of such Union existing at the Time of such Dissolution or
Alteration, and the Commissioners shall thereupon fix the Amount to be
received or paid, or secured to be paid, by such Union or by any
Townland affected by such Alteration, as the Justice of the Case appears
to them to require; and all Sums to be received, if any, by such Union
or Townland, shall be paid, or secured to be paid, to such Person and in
such Manner, and shall be applied for the Benefit of such Union or
Townland, as the Commissioners shall direct; and all Sums to be so paid,
or secured to be paid, shall be raised by special Rates on the Property
liable to be rated under this Act, under the Direction of the
Commissioners, or charged on the Poor Rates, or such special Rates of
such Union or Townland respectively as the Commissioners may see fit:
Provided always, that no such Dissolution or Alteration shall take place
or be made unless a Majority of the Guardians of the Union affected by
such Change shall also consent thereto in Writing; and provided also,
that no such Dissolution or Alteration shall in any Manner prejudice,
vary, or affect the Rights or Interests of third Persons in respect of
Contracts entered into by or on behalf of such Union or Townland
previous to such Dissolution or Alteration, and that a Copy of every
Order by which any Union shall be declared dissolved or altered shall be
transmitted to One of Her Majesty's Principal Secretaries of State, who
shall forward the same, or a Duplicate thereof, to the Lords of the
Treasury.
XVII. And be it enacted, That when any Union for the Relief of the
destitute Poor shall have been declared a Board of Guardians of the Poor
for such Union shall be constituted, and the Guardians shall be elected
at such Time as the Commissioners by their Order declaring the Union, or
by any subsequent Order, shall direct.
XVIII. And be it enacted, That the Commissioners may divide any Union
into Electoral Divisions for the Election of Guardians, and may alter
any such Division from Time to Time as they may see fit, so nevertheless
that in making or altering such Electoral Divisions no Townland shall be
divided: Provided always, that whenever One or more Townlands lying
adjacent shall be the Property of One or more Proprietors, who shall be
rated instead of the Occupiers of such Property as herein-after is
provided, and who shall serve Notice in Writing to that Effect upon the
Commissioners, the said Commissioners shall be at liberty, if they shall
deem it expedient, to form such Townland or Townlands into an Electoral
District.
XIX. And be it enacted, That the Commissioners shall determine, and from
Time to Time may, as they may see fit, alter the Number of the Guardians
to be elected in each Union, and the Number to be elected for every
Electoral Division, having due Regard to the Circumstances of each such
Division, (so nevertheless that every Person qualified to vote in the
Union shall be entitled to vote in the Election of One Guardian at the
least,) and may also fix the Value of the Qualification by which Male
Persons of full Age shall be eligible as such Guardians, such
Qualification to consist in being entitled to vote at Elections of
Guardians in such Union, but not so as to require a Qualification
exceeding the net annual Value of Thirty Pounds: Provided
always, that no Person, being in Holy Orders, or being a regular
Minister of any Religious Denomination, shall be eligible as a Guardian.
XX. And be it enacted, That on the Twenty-fifth Day of March in every Year, or if that Day should fall on a Sunday or Good Friday, then on the Day next following, or within Fourteen Days next after such Twenty-fifth Day of March, the Guardians for the ensuing Year, to be computed from such Twenty-fifth Day of March, shall be chosen, and immediately upon their Election the Guardians previously elected by the Rate-payers of any Union shall go out of Office: Provided always, that the Guardians first elected by such Rate-payers shall, if the said Commissioners shall by any Order so direct, hold Office until the Twenty-fifth Day of March next after their Election, and thenceforth for One Year; and that in every Case the Guardians whose Term of Office shall expire on the Twenty-fifth Day of March in any Year shall continue to act as Guardians until others are elected or appointed in their Stead.
XXI. And be it enacted, That any Guardian going out of Office shall be
re-eligible for the ensuing or any subsequent Year, and that the same
Person may be elected for more than One Electoral Division.
XXII. And be it enacted, That in case the full Number of Guardians shall
not be duly elected at any Election of Guardians for the Time being, or
in the event of any Vacancy occurring in such Board by the Death,
Removal, or Resignation, (which the Commissioners are hereby empowered
to accept,) or Refusal or Disqualification to act of any Guardian, the other or remaining Members of the said Board shall continue to act until the next Election, or until the Completion of the said Board, as if no such Vacancy had occurred, and as if the Number of such Board were complete.
XXIII. And be it enacted, That every Justice of the Peace residing in
any such Union, and acting for the County in which he so resides, and
not being a Stipendiary Magistrate or Assistant Barrister, or a Person
in Holy Orders, or a regular Minister of any Religious Denomination,
shall be an ex officio Guardian of the Poor for such Union; and
(unless the Commissioners shall by any Order postpone, for such Time as
they shall see fit, the Period at which such ex officio Guardians
shall act as such, which Order the Commissioners are hereby empowered to
make and issue,) the said ex officio Guardians shall, until a Board of Guardians be duly constituted, and also in case of any Irregularity or
Delay in any subsequent Election of Guardians, by reason whereof there
shall be no legally constituted Board of Guardians of such Union,
receive and carry into effect the Orders of the Commissioners; and after
such Board shall be constituted as aforesaid every such Justice shall
ex officio act as a Member of such Board, in addition to and in like Manner as an elected Guardian.
XXIV. Provided always, and be it enacted, That the Number of ex
officio Guardians of any Union shall in no Case exceed One Third of the Number of Guardians to be elected by the Rate-payers of such Union; and in every Case where the Number of Justices qualified as aforesaid shall exceed One Third of the whole Number of the Guardians to be elected by such Rate-payers the Justices so qualified shall, within Fourteen Days
after the Declaration of such Union, assemble at a Meeting to be
specially held for the Purpose at a Time and Place to be appointed by or
under the Order of the Commissioners, of which Meeting the Justice
senior by Appointment who shall be present shall be Chairman; and
thereupon the said Justices shall, by a Majority of their Number present
and voting, (the Chairman, in case of an Equality of Votes in favour of
Two or more Persons, to have a double or casting Vote,) appoint from the
Justices so qualified a Number of Persons nearest to but not exceeding
One Third of the Number of the Guardians to be elected by the
Rate-payers; and the Justices so appointed shall be entitled to act as
ex officio Guardians of the Poor of the Union from the Period of the first Appointment so made until the next Twenty-ninth Day of September, and for One Year next ensuing, or until others shall be appointed in their Stead; and at the Expiration of One Year after the
Twenty-ninth Day of September next following such first Appointment, and on the Twenty-ninth Day of September in every succeeding Year, or within Fourteen Days thereof, the ex officio Guardians for the Year, computed from the Twenty-ninth Day of September, shall in like Manner be appointed, and immediately upon their Appointment the ex officio Guardians last previously appointed shall go out of Office; and Lists of the Names of the Justices so appointed to serve as ex officio Guardians of any Union, duly certified by the Chairman of the said Meeting, shall be sent by him to the Commissioners and to the Clerk of the Peace of the County, and the Clerk of the Peace shall preserve the same in the Records of the County: Provided always, that any ex officio Guardian shall be re-eligible for the ensuing or any subsequent Year: Provided also, that whenever the Number of Justices qualified as aforesaid to act as ex officio Guardians in any Union shall, by Death, Removal, Disqualification to act, or from any other Cause, be reduced to or below One Third of the Number of the elective Guardians, then, and so long as the Number shall not exceed One Third of the Number of elective Guardians, the whole of the Justices so qualified shall be entitled to act as ex officio Guardians.
XXV. And be it enacted, That in case an Election of Guardians for any
Electoral Division or for any Union shall not take place in obedience to
the Orders of the Commissioners and in pursuance of this Act, or in case
any Guardian duly elected shall neglect or refuse to act, the
Commissioners shall order a fresh Election of Guardians for such
Electoral Division, or shall declare the Place of such Guardian as
aforesaid to be void, as the Case may be, and in such latter Case shall
order a fresh Election of a Guardian in lieu of such Guardian as
aforesaid; and if an Election of Guardians for such Electoral Division
or Union shall not thereupon take place, or any Guardian who may be
elected at such fresh Election shall neglect or refuse to act, then the
Commissioners may appoint any Person whom they may deem fit to fill the
Place of any such Guardian of whom there has been such Failure of
Election, or of any Guardian who shall have neglected or refused to act,
as aforesaid; and every Person so appointed shall serve and hold the
Office of Guardian until an Election of Guardians shall take place under
the Provisions of this Act; and every Person so appointed shall during
the Period of his Service of the Office have the same Powers, and shall
be subject to the same Obligations, in all respects, as Guardians
elected by the Rate-payers under this Act; and every Guardian neglecting
or refusing to act shall, upon the Appointment of any Person to fill his
Place, cease to act, and to have any Right or Title to act, as Guardian
of such Union, until again duly elected or appointed to be a Guardian.
XXVI. And be it enacted, That in case regular Meetings of the Board of
Guardians of any Union shall not be holden at the Times enjoined by the
Orders of the Commissioners, or in case, through the Default of the
Guardians, the Duties of such Board of Guardians shall not be duly and
effectually discharged according to the Intention of this Act, the
Commissioners shall declare such Board of Guardians to be dissolved, and
shall order a fresh Election of the Guardians of such Union; and in case
the Guardians elected at such fresh Election shall not hold regular
MMeetings at the Times enjoined by the Orders of the Commissioners, or in
case, through the Default of such Guardians, the Duties of such Board of
Guardians shall not be duly and effectually discharged according to the
Intention of this Act, then the Commissioners may appoint such and so
many paid Officers as they may think fit to carry into execution the
Provisions of this Act, and from Time to Time revoke and determine such
Appointments; and the Commissioners
shall, from Time to Time, as they shall see fit, define and direct the
Execution of the Duties of such Officers, and the Amount and Nature of
the Security to be given by such of them as the Commissioners shall
think ought to give Security, and regulate the Amount of Salaries
payable to such Officers respectively, and the Time and Mode of Payment
thereof; and such Salaries shall be chargeable on and payable out of the
Rates levied for the Relief of the destitute Poor of such Union:
Provided always, that unless the Commissioners shall sooner revoke or
determine the Appointment of such paid Officers such paid Officers shall
hold their Offices for the Term of One Year from the Date of their
Appointment, and thenceforth till the Time of the next Election of
Guardians for such Union, under the Provisions of this Act, and no longer.
XXVII. And be it enacted, That the Board of Guardians for every Union,
including all Persons herein-before empowered to act as Guardians, while
so acting, shall be and are hereby declared to be a Body Politic and
Corporate, and shall be called by the Name of 'The Guardians of the Poor
of the Union,' and are hereby authorized and enabled by that Name to sue
and be sued, plead and be impleaded, in Law and in Equity, take and hold
Goods and Chattels, and to enter into and execute all such Contracts
connected with the Relief of the destitute Poor, and with the Purposes
of this Act, as shall be enjoined or permitted by the Orders of the
Commissioners; and all the Monies levied by Rates under the Provisions
of this Act within each Union, and all Goods and Chattels purchased with
such Monies, or otherwise taken and held for the Purposes of this Act
within such Union, shall be deemed at Law to be the Property of the
Board of Guardians; and such Boards of Guardians shall have Power to
govern and manage the Workhouses of their respective Unions, and to
direct the Officers of such Unions in the Execution of their Duties,
subject to the Orders of the Commissioners; and every Commissioner and
Assistant Commissioner shall be entitled to attend every Board of
Guardians, and to take part in their Discussions, but not to vote at any
such Board.
XXVIII. And be it enacted, That the Board of Guardians in every Union
shall meet at such Times as shall be enjoined by the Orders of the
Commissioners, upon giving such Notice as shall be prescribed by the
said Commissioners; and all lawful Acts, Contracts, and Matters done,
entered into, and transacted at such Meetings by a Majority of the
Guardians present and voting, and verified by the Signatures of Three of
such Guardians, and countersigned by their Clerk, shall be as valid and
effectual as if all the Guardians had been present and concurred; and
the Signatures of Three Guardians, Members of any Board, affixed to any
Resolution, Contract, or Order purporting to be entered into or made by
such Board of Guardians, shall be prim facie Evidence that such
Resolution, Contract, and Order was duly entered into or made by such
Board.
XXIX. And be it enacted, That, except where the Consent of a Majority of
Guardians is required by this Act, and except also where it may be
otherwise ordered by the Commissioners, no ex officio or elected
Guardian shall have Power to act in virtue of his Office, except as a
Member, and at a Meeting of a Board of Guardians; and no Act of any such
Meeting shall be valid unless Three Members shall be present and concur.
XXX. Provided always, and be it enacted, That no Defect in the
Qualification, Election, or Appointment of any Person acting as a
Guardian at a Board of Guardians shall vitiate or make void any
Proceedings of such Board in which he may have taken part.
XXXI. And be it enacted, That it shall be lawful for the Commissioners,
as and when they shall see fit, by their Order to direct the Guardians
of any Union, or of so many Unions as the Commissioners may in such
Order specify and declare to be united for the Purpose of appointing and
paying Officers, to appoint such paid Officers, with such Qualifications
as the Commissioners shall think necessary, for superintending, acting,
or assisting in the Election of Guardians, in the surveying and
Valuation of Property to be rated, in the collecting of Rates to be made
for the Purposes of this Act, in the Administration of the Relief and
Management of the destitute Poor, and otherwise carrying the Provisions
of this Act into execution; and the Commissioners may and they are
hereby empowered to define, specify, and direct the Execution of the
respective Duties of such Officers, and the Places or Limits within
which the same shall be performed, and direct the Mode of the
Appointment and determine the Continuance in Office or Dismissal of such
Officers, and the Amount and Nature of the Security to be given by such
of the said Officers as the Commissioners shall think ought to give
Security, and, when the Commissioners may see Occasion, from Time to
Time to regulate the Amount of Salaries or Allowances payable to such
Officers respectively, and the Time and Mode of Payment thereof, and the
Proportions in which such respective Unions shall contribute to such
Payment.
XXXII. And be it enacted, That the Salaries of all such Officers, and
the Salaries of Auditors, Returning Officers, and all paid Officers whom
the Commissioners are by this Act directly empowered to appoint, and of
the Chaplains of Workhouses appointed under this Act, shall be
chargeable on and payable out of the Poor Rates of such Union or Unions,
or of any Electoral Division comprised therein, in the Manner and
Proportions fixed by the Commissioners; and the Guardians of any such
Union are hereby empowered and required to raise by Rate such Sums as
shall be sufficient to pay such Salaries, or its proportionate Part
thereof.
XXXIII. And be it enacted, That the Commissioners may and they are
hereby authorized and empowered, as and when they shall think proper, by
their Order, either upon or without any Suggestion or Complaint in that
Behalf from the Guardians of any Union, to remove any paid Officer
appointed under the Provisions of this Act, whom they shall deem unfit
for or incompetent to discharge the Duties of any such Office, or who
shall at any Time refuse or neglect to obey and carry into effect any of
the Orders of the Commissioners, and to require from Time to Time the
Persons competent in that Behalf to appoint a fit and proper Person in
his Room; and in case of the Refusal or Neglect of the Persons competent
to appoint, or in case the Officer removed shall be an Officer whom the
Commissioners are by the Provisions of this Act directly empowered to
appoint, the Commissioners are hereby authorized to appoint a fit and
proper Person in the Room of the Person so removed; and any Person so
removed shall not be competent to be appointed to or to fill any paid
Office connected with the Relief or Management of the destitute Poor in
any Union, except with the Consent of the Commissioners.
XXXIV. And be it enacted, That when any Union shall have been declared,
every House of Industry, Workhouse, and Foundling Hospital which has
been either wholly or in part supported by Parliamentary Tax, Grant,
Grand Jury Aid, or by any compulsory Rate or Contribution, situate
within the Limits of such Union, and all Lands, Tenements, and
Hereditaments, and Real Property, and Chattels Real, and the Produce of
any Tax, of and belonging thereto, shall vest in the Poor Law
Commissioners for the Time being, according to the Nature and Quality,
Estate and Interest of and in the same Property and Premises
respectively, and subject to the Debts, Charges, and Incumbrances
affecting the same respectively, and to the Repayment of any Advances
which, conformably with previous Usage, have been made for the lawful
Purposes of any such House of Industry, Workhouse, or Foundling
Hospital; and that upon the Death, Resignation, or Removal of the
present Commissioners, or any or either of them, or of any future
Commissioner or Commissioners, all such Property and Premises shall be
vested in and be held by the succeeding Commissioners, jointly with the
continuing Commissioner or Commissioners, if any there be, and so in
perpetual Succession, in Trust for the several Purposes for which the
same are respectively applicable, but subject nevertheless to the Powers
and Provisions of this Act; and every such House of Industry, Workhouse,
or Foundling Hospital shall, if and when the Commissioners shall so
direct, be a Workhouse of the Union in which the same may be situate;
but every such House of Industry, Workhouse, or Foundling Hospital
shall, subject always to the Control and Orders of the Commissioners, be
maintained and supported in the Manner in which the same is now by Law
maintained and supported, until the Commissioners shall by Order
otherwise direct: Provided always, that such Commissioners shall take
Measures for the gradual Reduction of the Number of the Inmates in such
Foundling Hospitals, and from Time to Time shall direct so much only of
any such Tax as aforesaid to be levied for the Support of such Foundling
Hospital and the Inmates therein as may appear to them to be thenceforth
necessary for such Support, due Regard being had to the Welfare and
Protection of the Objects of the Charity.
XXXV. And be it enacted, That the Commissioners may, from Time to Time
as they may see fit, build or cause to be built a Workhouse or
Workhouses for any Union not having a Workhouse, or purchase or hire
Land of any Tenure for the Purpose of building the same thereon, and may
purchase or hire a Workhouse or Workhouses, or any Building or Buildings
for the Purpose of being used as or converted into a Workhouse or
Workhouses, and in the Case of any Union having a Workhouse or
Workhouses, or any Buildings capable of being converted into a Workhouse
or Workhouses, may enlarge or alter the same in such Manner as the
Commissioners shall deem most proper for carrying the Provisions of this
Act into execution, and may build, hire, or purchase any additional
Workhouse or Workhouses, or any Building or Buildings for the Purpose of
being used as or converted in to a Workhouse or Workhouses, and may
purchase or hire any Land for building such additional Workhouse or
Workhouses thereon, of such Size and Description, and according to such
Plan, and in such Manner as the Commissioners shall deem most proper for
carrying the Provisions of this Act into execution, and may also
purchase or hire any Land not exceeding Twelve Acres Imperial Measure,
to be occupied with any such Workhouse, and may order and direct the
Guardians of any Union to uphold and maintain any Workhouse, and to
furnish and fit up any Workhouse, and to provide any Utensils,
Instruments, or Machinery for setting the Poor to work therein; and the
Guardians of every Union are hereby authorized and required to assess,
raise, and levy such Sum or Sums of Money, for the Purposes
herein-before specified, as the Commissioners shall from Time to Time
direct, as a Poor Rate, in the Manner herein-after provided, or to
borrow Money for such Purposes, under the Provisions of this Act, and to
charge the same, with Interest, on the future Poor Rate of such Union;
and all Lands and Buildings so purchased or hired shall be conveyed or
taken to the Commissioners for the Time being, and shall vest in the
succeeding Commissioners in perpetual Succession, in the same Manner as
herein-before provided concerning Workhouses in Unions at the Time of
the Declaration thereof.
XXXVI. Provided always, and be it enacted, That after the Period at
which the Commissioners shall have declared the Workhouse of the Union
fit for the Reception of destitute Poor it shall not be lawful for the
Commissioners to direct the Expenditure in such Union of any Sum or Sums
of Money exceeding Four hundred Pounds for any of the Purposes
aforesaid, without the previous Consent in Writing of a Majority of the
Guardians of such Union, except for the Completion of Buildings already
in part erected according to the Plan or Plans originally sanctioned by
the Commissioners, and deposited with the Clerk of the Union.
XXXVII. And be it enacted, That it shall be lawful for all Corporations,
Tenants in Tail, Tenants for Life, or for any other partial or qualified
Estate or Interest, other than Lessees rendering Rent, and not holding
for a Life or Lives with Covenants for perpetual Renewal, Husbands,
Guardians, Trustees for the Association for the Suppression of Mendicity
and for other voluntary Associations, and the Trustees and Feoffees in
Trust for charitable or other Purposes, Committees, Executors, and
Administrators, and all Trustees and Persons whomsoever, not only for
and on behalf of themselves, their Heirs and Successors, but also for and on behalf of all Persons, if incapacitated, entitled in Reversion, Remainder, or Expectancy after them, and for and on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or other Persons, and to and for all Femes Covert seised and possessed of or interested in their own Right or entitled to Dower or other Interest in, and for all other
Persons whatsoever seised or possessed of or interested in, any Lands,
Tenements, or Hereditaments which may be required by the Commissioners
for the Purposes of this Act, to contract for, sell, and convey the same
or any Part thereof to the Commissioners; and all such Conveyances as
aforesaid shall be valid and effectual in the Law to all Intents and
Purposes, and shall operate to merge all Terms of Years attendant by
express Declaration or by Construction of Law on the Estate or Estates,
Interest or Interests so thereby conveyed or aliened, and to bar and
destroy all Estates Tail, and all other Estates, Rights, Titles,
Remainders, Reversions, Limitations, Trusts, and Interests whatsoever of
and in the same.
XXXVIII. And be it enacted, That all and every of the Provisions of an
Act passed in the Seventh Year of His late Majesty King George the
Fourth, intituled An Act for consolidating and amending the Laws
relating to Prisons in Ireland, which affect or relate to the Lodgment, Payment, and Application of the Purchase Money of the Lands purchased or taken under the said last-mentioned Act, or to Petitions to the High Court of Chancery in Ireland, and the Orders of the said Court relative thereto, or to any Payments of Purchase Money, or to any Rights and Titles of Parties interested, shall be held to apply to the
Lodgment, Payment, and Application of the Purchase Money of Lands,
Tenements, or Hereditaments to be purchased or taken for the Purposes of
this Act, and to the Rights and Titles of Parties interested therein:
Provided always, that every Act in relation to the Matters aforesaid,
whereto the Concurrence or Signatures of Three of the Commissioners of
Works in the said Act mentioned are required, shall and may be done by
and under the Hand of any One of the Poor Law Commissioners.
XXXIX. Provided always, and be it enacted, That in every Case in which
the Amount of Price of any Lands, Tenements, or Hereditaments, or of any
Compensation, shall be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the Court of Chancery, to be placed to his Account to the Credit of the Parties interested in the
said Lands, Tenements, or Hereditaments, in manner provided by the said
Act of the Seventh Year of the Reign of King George the Fourth, such Payment, and every Contract and Agreement in pursuance whereof it was
made, shall be good to all Intents and Purposes, and the said
Commissioners shall not be bound to see to the Application thereof, nor
shall such Contract or Conveyance be in anywise vitiated by reason of
any Defect of Title of the Person or Corporation so contracting or
conveying; and that in every Case in which Purchase Money shall be so
paid into the Bank of Ireland the said Court of Chancery shall have
the Power of ordering the Distribution thereof, or Payment of the
Dividends thereof, as in the last-mentioned Act is provided for the Care
of Money paid into the said Bank, in manner aforesaid, to the Credit of
the Parties interested in Lands taken under the Provisions of the said Act.
XL. And be it enacted, That it shall be lawful for the Commissioners for
the Time being, when they shall think fit, to sell any Lands, Tenements,
or Hereditaments which may be purchased by or become vested in them by
or under the Authority of this Act, and to convey the same as the
Purchasers shall direct; and the Receipt of any Two of the
Commissioners, or of any Person to whom the Purchase Money shall be paid
by their Direction, shall be sufficient Discharge for such Purchase
Money; and such Purchase Money shall be applied by the Commissioners in
the Purchase of other Lands, Tenements, or Hereditaments, to be held
upon the like Trusts with the Hereditaments from the Sale of which such
Money shall have arisen, or in such Manner as the Commissioners shall
think advisable for the Benefit of the Union or Institution for the
Benefit or Purposes of which such Hereditaments shall have been holden:
Provided always, that it shall not be lawful for the Commissioners to
sell the Workhouse of any Union without the Consent of the Majority of
the whole Number of the Guardians of such Union.
XLI. And be it enacted, That when the Commissioners shall have declared
any Workhouse of any Union to be fit for the Reception of destitute
Poor, and not before, it shall be lawful for the Guardians, at their
Discretion, but subject in all Cases to the Orders of the Commissioners,
to take Order for relieving and setting to work therein, in the first
place, such destitute poor Persons as by reason of old Age, Infirmity,
or Defect may be unable to support themselves, and destitute Children;
and in the next place, such other Persons as the said Guardians shall
deem to be destitute Poor, and unable to support themselves by their own
Industry, or by other lawful Means: Provided always, that in any Case
where there may not be sufficient Accommodation for the Relief of all
the Persons applying for Relief whom the Guardians shall deem to be
destitute Poor, the Guardians shall relieve such of the said Persons as
may be resident in the Union before or in preference to those who may
not be so resident.
XLII. And be it enacted, That the Commissioners shall cause to be
printed for the Use of every Union a sufficient Number of Register Books
for making Entries of the Descriptions of Persons admitted into and
relieved in the Workhouse according to the Form in the First Schedule to
this Act annexed, and in such Register Books shall be printed upon each
Side of every Leaf the Heads of Information herein required to be
registered respecting the Persons so to be admitted and relieved,
together with such other Particulars as the Commissioners may prescribe;
and every Page of each such Book shall be numbered progressively from
the Beginning to the End, beginning with Number One; and every Place of
Entry shall be also numbered progressively from the Beginning to the End
of the Book, beginning with Number One; and every Entry shall be divided
from the following Entry by a printed Line.
XLIII. And be it enacted, That the Commissioners shall furnish to every
Board of Guardians, for the Use of the Master or other principal
resident Officer of every Workhouse, one of such Register Books,
at a reasonable Price, the Cost whereof shall be borne by the Union in
which such Workhouse shall be situate; and every such Master or Officer
shall, as soon as conveniently may be, register in the said Book the
Particulars required to be registered according to the Form in the said
First Schedule, touching every Person to be admitted into and relieved
in such Workhouse; and such Register Book shall be produced at every
Meeting of Guardians for their Examination, Approval, or Correction,
and, when so approved or corrected, shall be signed by the Chairman, and
countersigned by the Clerk.
XLIV. And be it enacted, That the Board of Guardians of every Union
shall cause Accounts to be kept of the Expence incurred in respect of
the Persons relieved in any Workhouse within such Union, and such
Accounts shall be made up at the End of every Six Calendar Months; and
the Board of Guardians shall charge against the Electoral Division as
formed by virtue of this Act, at the End of such Period, the Proportion
of such Expence as shall appear to have been incurred in respect of
every Person so relieved, who shall be stated in the Registry to have
been resident within such Electoral Division; and the Expence incurred
in respect of every Person so relieved and not stated in the Registry to
have been resident within some Electoral Division of the Union shall be
borne by and charged against the whole Union: Provided always, that from
and after the Expiration of Three Years from the Period at which the
Commissioners shall have declared the Workhouse of the Union fit for the
Reception of destitute Poor it shall be lawful for the Guardians elected
for any Two or more Electoral Divisions within such Union, by Writing
under their Hands, to agree that all Charges in respect of destitute
poor Persons resident within such Electoral Divisions respectively shall
thenceforth be borne in common by such Electoral Divisions; and in such
Case such Agreement, having been first signed by the said Guardians,
shall be signed and sealed by the Commissioners, if after due Inquiry
made by them they shall approve of the same, and one Part thereof
deposited with the Commissioners, and a Counterpart or Counterparts
thereof, signed by the said Guardians and signed and sealed by the
Commissioners, deposited with the Clerk of the Peace of the County in
which the Workhouse of such Union shall be situate; and every such Clerk
of the Peace shall and is hereby required, upon the Receipt of such
Agreement, Part, or Counterpart, to file the same with the Records of
such County, and from and after the depositing of such last-mentioned
Agreement or Counterpart the same shall be binding upon such Electoral
Divisions, and shall not be revoked or annulled, unless at the Desire of
the Guardians elected for such Two or more Electoral Divisions, and with
the Consent of the Commissioners, or unless the Commissioners shall
alter any One or more of such Electoral Divisions, any thing
herein-before contained to the contrary notwithstanding.
XLV. And be it enacted, That when the Commissioners shall have declared
any Workhouse of any Union to be fit for the Reception of destitute
Poor, it shall be lawful for them, if they shall so think fit, to direct
that so much of the Provisions of all General and Local Acts made before
the passing of this Act in any way relating to the Relief of Poor in
Workhouses, Houses of Industry, and Foundling Hospitals, which shall
have vested in the said Commissioners under the Provisions of this Act,
or to any Presentment, Tax, or Contribution in respect of such Relief,
shall, as regards such Union, cease and determine.
XLVI. And be it enacted, That the said Commissioners shall, so soon as
conveniently may be after the Formation of any Union, make or cause to
be made strict Inquiry into the State of the several Fever Hospitals,
Dispensaries, or Institutions for the Relief of the sick or convalescent
Poor, whether as intern or extern Patients, existing within the Limits
of such Union, and into the Nature and Extent of the Relief so afforded;
and the Commissioners shall report thereupon to One of Her Majesty's
Principal Secretaries of State, and in such Report they shall set forth
the Number of Hospitals or Dispensaries which in their Opinion ought to
be provided for the Relief of the sick and convalescent Poor, in
addition to such Workhouse or Workhouses as aforesaid, and also an
Estimate of the Sum or Sums which will be annually required for
defraying the Expences of such additional Hospitals or Dispensaries.
XLVII. And be it enacted, That the Commissioners shall and are hereby
authorized from Time to Time to inspect and examine into the
Administration of any Hospital or Infirmary supported in part by Grand
Jury Presentments or Parliamentary Grants, and with the Concurrence of
the Governors of such Hospital or Infirmary to give such Directions for
the better and more effective Management thereof as the said
Commissioners shall think fit, and to cause the same to be recorded in
the Books of such Hospital or Infirmary.
XLVIII. And be it enacted, That the Commisssioners shall take Order for
the due Performance of Religious Service in such Workhouses, and for
appointing fit Persons to be Chaplains for that Purpose, to hold their
respective Offices during the Pleasure of the Commissioners; but nothing
herein contained shall authorize the Commissioners to appoint or direct
the Appointment of more than One fit Person being in Holy Orders and of
the Established Church, One other fit Person being a Protestant
Dissenter, and One other fit Person being a Priest or Clergyman of the
Roman Catholic Church, to be Chaplain or Chaplains at any One Time in
any such Workhouse; and the Commissioners shall fix and from Time to
Time regulate the Salary of such Chaplain or Chaplains: Provided always,
that in the Appointment of such Chaplain Preference shall be given to
some Clergyman of the Established Church officiating within the Parish
in which such Workhouse shall be situated, if duly qualified, and in
like Manner to some Dissenting Minister and some Clergyman of the Roman
Catholic Religion, if duly qualified, acting as such within the said
Parish.
XLIX. And be it enacted, That no Order of the Commissioners nor any Bye
Law shall oblige any Inmate of any Workhouse to attend or be present at
any Religious Service which may be celebrated in a Mode contrary to the
Religious Principles of such Inmate, nor shall authorize the Education
of any Child in such Workhouse in any Religious Creed other than that professed by the Parents or surviving Parent of such Child, and to which such Parents or Parent shall object, or in the Case of an Orphan to which the Guardian or Guardians, Godfather or Godmother of such Orphan shall
object: Provided also, that it shall be lawful for any regular Minister
of the Religious Persuasion of any Inmate of such Workhouse at all Times
in the Day, on the Request of such Inmate, to visit such Workhouse, for
the Purpose of affording Religious Assistance to such Inmate, and also
for the Purpose of instructing his Child or Children in the Principles
of his Religion.
L. And be it enacted, That it shall be lawful for the Board of Guardians
of every Union, within One Month after the annual Election of Guardians,
to appoint a fit Person in each Parish or Townland, or any Part thereof
respectively, included in such Union, to be and be styled the Warden for
such Parish, Townland, or Part thereof, and such Warden shall hold his
Office for One Year, and may be re-appointed thereto, and shall provide
for the Conveyance to the Workhouse of any such destitute poor Persons
within such Parish, Townland, or Part thereof, as the Guardians shall
direct, and shall perform such other Duties in relation to the Purposes
of this Act as the Orders of the Commissioners shall prescribe; and
shall, when required by the Guardians, attend the Meetings of their
Board, and report to them from Time to Time the State of the Poor within
such Parish, Townland, or Part thereof, and the Increase or Diminution
of Mendicancy therein, and such other Particulars in relation to the
Condition of such Parish, Townland, or Part thereof, as he may think
fit, or as the Board of Guardians shall require.
LI. And be it enacted, That it shall be lawful for the Commissioners,
when they shall think fit, upon Application from the Guardian or
Guardians of any Electoral Division, to direct a Meeting of the
Rate-payers of such Division to be held, after Fourteen Days previous
Notice given and published in such Form and Manner as the Commissioners
shall direct, at some Place within the Division to be named in such
Notice, at which Meeting the Guardian of the Division, or if there be
more than one, such one of the Guardians present as shall have been
first named in the Return for such Electoral Division, and in the
Absence of any such Guardian some Rate-payer to be elected by the
Majority present at the Meeting, shall be Chairman; and if at any such
Meeting the Majority in Value of the Rate-payers present shall agree to
and sign an Application to the Commissioners for the raising of a Rate
to assist Emigration, it shall be lawful for the Commissioners from Time
to Time, by Orders under their Seal, to direct the Guardians to raise
such Sums as the Commissioners shall think requisite for assisting
Emigration, such Sums not to exceed in any One Year One Shilling in the
Pound upon the net annual Value of the rateable Property of such
Division; and the Sums in such Orders mentioned shall be raised by the
Guardians by a Rate under this Act on such Division, or by a Charge on
the future Rates of such Division, so that One Fifth at least of the
whole Sums so to be raised under any such Order shall be paid in the
first and each subsequent Year until the whole shall be discharged; and
the Sums so raised shall be applied, under the Directions of the
Commissioners, by the Guardians of the Union, in conducting or assisting
and in defraying the Expences connected with the Emigration to British Colonies of poor Persons resident in such Division.
LII. And be it enacted and declared, That it shall not be lawful for the
Commissioners, or any Guardians or other Persons acting in the Execution
of this Act, to apply, directly or indirectly, any Money raised under
the Authority of this Act to the Relief of destitute Poor in any other
Manner than is herein expressly mentioned, or to any Purpose not
expressly provided for in this Act.
LIII. And be it declared and enacted, That for the Purposes of this Act
every Husband shall be liable to maintain his Wife, and every Child
under the Age of Fifteen, whether legitimate or illegitimate, which she
may have had at the Time of her Marriage with such Husband; and every
Father shall be liable to maintain his Child, and every Widow to
maintain her Child, and the Mother of every Bastard Child to maintain
such Bastard Child, until every such Child respectively shall attain the
Age of Fifteen Years: Provided always, and be it declared, that nothing
herein contained shall be taken to remove or lessen the Obligations to
which any Husband or Parent is by Law liable in regard to the
Maintenance of his Wife or Children, legitimate or illegitimate
respectively, independently of this Act.
LIV. And be it enacted, That all Relief given under this Act to a Wife
or Child shall be considered as given to the Person declared by this Act
to be liable to maintain such Wife or Child.
LV. And be it enacted, That the Cost Price of any Relief which the said
Commissioners shall by any Order declare or direct to be given by way of
Loan shall be and the same is hereby declared to be a Loan from the
Guardians of the Union in which the same shall be given, and shall be
recoverable from the Person to whom the same shall be given, or
considered as given under this Act, by such and the same Actions and
Proceedings as Money lent.
LVI. And be it enacted, That when any Relief shall have been given to
any Person entitled to or in receipt of any Pension, Superannuation, or
other Allowance in respect of his Service in the Navy, Royal Marines,
Army, or Ordnance, or to his Wife, or to any Child whom he may be liable
to maintain, it shall be lawful for the Guardians, by Minute, stating
the Particulars of the Relief so given and the Person to whom given, to
require that the next Payment which shall become due of such Pension or
Allowance shall be made to such Guardians; and such Guardians shall
transmit a Copy of such Minute, attested by their Clerk, at least One
Month before such Payment shall become due, addressed to Her Majesty's
Paymaster General, provided the Pension or other Allowance shall have
been granted for Service in the Navy or Marines, or to the Commissioners
of Chelsea Hospital provided the Pension or other Allowance shall have been granted for Service in the Army or Ordnance, with the Words
'Chelsea Pensioner,' or 'Greenwich Pensioner,' (as the Case may be,) written thereon, which said Paymaster General shall thereupon,
and upon sufficient Proof being given to the Satisfaction of the
Paymaster General or Commissioners of Chelsea Hospital respectively
that the Person whose Pension or other Allowance shall be so required to
be paid shall be living when the same shall become payable, and would
have been otherwise entitled to receive the same, cause Payment to be
made to such Guardians; and the said Guardians so receiving any Pension
or Allowance shall retain and apply so much thereof as will repay the
Cost of Relief actually given as aforesaid for the Use and Indemnity of
the Union, and shall pay the Surplus, if any, to the Pensioner or Person
entitled thereto; and upon the Receipt of any such Minute as aforesaid
the Payment of the Pension or other Allowance mentioned therein shall be
suspended until sufficient Proof shall have been given to entitle the
Guardians named in such Minute to receive the Money thereby required to
be paid to them.
LVII. And be it enacted, That where any poor Person shall, through old
Age, Infirmity, or Defect, be unable to support himself, every Child of
such poor Person shall be liable, according to his Ability, to support
or contribute to support such poor Person; and in case Relief shall be
given under this Act to any poor Person whose Child shall be liable to
support him or contribute to his Support, it shall be lawful for any Two
Justices of the Peace of the Jurisdiction within which such Child may
dwell, on the Application of the Guardians of the Union in which such
Relief shall have been given, by their Order to direct what Sum, not
exceeding the Cost Price of such Relief, shall be paid by such Child to
such Guardians in respect of the Relief which shall have been so given,
and also what weekly or other periodical Payments shall be made by such
Child to such Guardians in respect of such Relief as shall subsequently
be given to such poor Person; and the Sum so directed to be paid, and
also such weekly or other periodical Payments, when and as they shall
become due, shall be recoverable by such Guardians in the same Manner as
any Penalties are recoverable under this Act.
LVIII. And be it enacted, That every Person who shall refuse to be
lodged and maintained in the Workhouse of any Union, or abscond out of
such Workhouse while his Wife, or any Child whom he may be liable to
maintain, shall be relieved therein, and every Person maintained in a
Workhouse who shall refuse to be set to work, or shall be guilty of
Drunkenness, Insubordination to the Officers of the Union, or
Disobedience to the Rules prescribed or sanctioned by the Commissioners
for the Government of such Workhouse, or of other Misbehaviour therein,
and every Person who shall introduce or attempt to introduce spirituous
or fermented Liquors into any Workhouse, contrary to the Orders of the
Commissioners, shall, on Conviction thereof before any Justice of the
Peace at Petty Sessions in open Court, either by the Confession of such
Offender, or by the Evidence on Oath of One or more credible Witness or
Witnesses, be committed to the Common Gaol or House of Correction, there
to be kept to hard Labour for any Time not exceeding One Calendar Month.
LIX. And be it enacted, That if any Person shall desert and leave his
Wife, or any Child whom such Person shall be liable to maintain, so that
such Wife or Child shall become destitute and be relieved in the
Workhouse of any Union, every such Person shall, on Conviction thereof
before any Justice of the Peace at Petty Sessions in open Court, either
by the Confession of the Offender, or by the Evidence of One or more
credible Witness or Witnesses, be committed to the Common Gaol or House
of Correction, there to be kept to hard Labour for any Term not
exceeding Three Calendar Months.
LX. And be it enacted, That it shall be lawful for any Justice of the
Peace, upon Oath being made before him that any Person bath committed
any Offence as aforesaid, to issue his Warrant to apprehend and bring
before him, or some other Justice or Justices of the Peace at Petty
Sessions in open Court, the Person so charged, to be dealt with as is
directed by this Act.
LXI. And be it enacted, That for the Purpose of defraying the Expences
incurred in the Execution of this Act the Guardians of every Union, or,
where a Board of Guardians shall not be acting, the Persons or Officers
appointed by the Commissioners in their Behalf, shall from Time to Time
make and levy such Rates as may be necessary on every Occupier of
rateable Hereditaments in or arising within such Union.
LXII. And be it enacted, That in making every such Rate due Regard shall
be had to the Amount which shall in manner aforesaid have been
ascertained to be chargeable upon any Electoral Division, in respect of
its Proportion of the Expences incurred in the Relief of Persons within
the Workhouse of the Union, during the Period to which the last Account
of such Expences shall extend.
LXIII. And be it enacted and declared, That the following Hereditaments
shall be rateable Hereditaments under this Act; viz., all Lands,
Buildings, and opened Mines; all Commons, and Rights of Common, and all
other Profits to be had, received, or taken out of any Land; all Rights
of Fishery; all Canals, Navigations, and Rights of Navigation; and
Rights of Way and other Rights, or Easements over Land, and the Tolls
levied in respect of such Rights, and Easements, and all other Tolls:
Provided always, that no Turf Bog or Turf bank used for the exclusive
Purpose of cutting or saving Turf, or for taking Turf Mould therefrom
for Fuel or for Manure, shall be rateable under this Act, unless a Rent
or other valuable Consideration shall be payable for the same; and
provided also, that no Mines which have not been opened Seven Years
before the passing of this Act shall be rateable until the Term of Seven
Years from the Time of the opening thereof shall have expired; and no
Mines hereafter to be opened shall be rateable until Seven Years after
the same shall have been opened; and Mines bon fide re-opened after
the same shall have been bon fide abandoned shall be deemed an opening of Mines within the Meaning of this Act: Provided also, that no Church, Chapel, or other Building exclusively dedicated to Religious Worship or exclusively used for the Education of the Poor, nor any Burial Ground or Cemetery, nor any Infirmary, Hospital, Charity School, or other Building
used exclusively for charitable Purposes, nor any Building,
Land, or Hereditament dedicated to or used for Public Purposes, shall be
rateable, except where any private Profit or Use shall be directly
derived therefrom, in which Case the Person deriving such Profit or Use
shall be liable to be rated as an Occupier according to the annual Value
of such Profit or Use.
LXIV. And be it enacted, That every such Rate shall be a Poundage Rate
made upon an Estimate of the net annual Value of the several
Hereditaments rated thereunto; that is to say, of the Rent at which one
Year with another the same might in their actual State be reasonably
expected to be let from Year to Year, the probable annual Average Cost
of the Repairs, Insurance, and other Expences, if any, necessary to
maintain the Hereditaments in their actual State, and all Rates, Taxes,
and public Charges, if any, except Tithes, being paid by the Tenant.
LXV. And be it enacted, That the Particulars of every such Rate shall be
entered in a Book, which (in addition to any other Particular which the
Commissioners may require) shall contain an Account of every Paticular
set forth at the Head of the respective Columns in the Form given in the
Second Schedule to this Act annexed, and the Guardians and other
Officers whose Duty it may be to make the said Rate, or such a Number of
the said Guardians or other Officers as are competent to the making and
levying of the same, shall, before the same is levied, sign the
Declaration at the Foot of the said Form; and the said Book shall, after
the Signature of the said Declaration, be Evidence of the Truth of every
Particular so contained therein.
LXVI. And be it enacted, That all existing Surveys and Valuations shall,
so far as they may in the Opinion of the Commissioners be available and
sufficient for the Purpose, be made use of in estimating the net annual
Value of Hereditaments liable to be rated under this Act; and where no
Surveys or Valuations exist, or where existing Surveys or Valuations may
not in the Opinion of the Commissioners be available or sufficient for
the Purpose, the Guardians of any Union shall, when and in such Manner
as the Commissioners shall from Time to Time direct, make or cause to be
made a Survey and Valuation of all or any such Hereditaments in any
Townland within the Union, with such separate Valuations of distinct
Tenements, Parcels, or Subdivisions as the Commissioners shall think
fit; and it shall be lawful for the Commissioners, where they shall see
fit, either to appoint or to direct the Guardians to appoint a fit
professional Person or Persons to make such Survey and Valuation, or to
revise and correct any existing Survey or Valuation; and
for the Purpose of making any such Survey, Valuation, or Revision the
said Guardians, or the Valuators or Surveyor by them appointed, may at
all reasonable Times enter every Field, Garden, or other enclosed Land,
and all Buildings (not being inhabited Dwelling Houses) situate within
such Union.
LXVII. And be it enacted, That every Body Corporate, and every Company
of Proprietors and Joint Stock Company associated by Authority of
Parliament or by Royal Charter or Letters Patent, or to whom any
Privileges or Powers have been or shall be granted by Parliament or by
Royal Charter or by Letters Patent, who shall be entitled to any Tolls
or Profits from or on account of the Use of any Canal, Navigation,
Railway, Right of Way, or other Easement, or to any other Tolls which
shall be rateable under this Act, shall cause to be duly kept Accounts
showing the Gross Amount of the monthly Receipts in respect of such
Tolls and Profits received in every Year from and after the passing of
this Act, and also the Amount of the Expenditure in every such Year on
account of the Repairs, Insurance, and other Expences, the probable
annual Average Cost of which under the Provision herein-before contained
should be taken into account in ascertaining the net annual Value of
such Canal, Navigation, Railway, Right of Way, Easement, or Tolls, and
of the Rates, Taxes, and Charges thereon; and the Guardians of the Poor
of the Union or several Unions within which such Canal, Navigation,
Railway, Right of Way, Easement, or Tolls shall be rateable, or any
Agent by such Guardians authorized under their Seal, shall have free
Access to and Liberty to inspect the same during the Mouths of April and October in every Year.
LXVIII. And be it enacted, That it shall be lawful for the Commissioners
to make Provisions for paying the Costs of every such Survey and
Valuation, either by a separate Rate or by a Charge on the Poor Rates,
as they may see fit; and in case of such Charge being made not less than
One Fifth of the Sum charged on the Rates, and such Interest as may from
Time to Time be payable in respect of such Charge or any Part thereof,
shall be paid in each succeeding Year, till the whole is discharged.
LXIX. And be it enacted, That before the first Rate shall be made in any
Union under the Provisions of this Act, and also previously to the
making of any subsequent Rate upon any new Valuation, the said Guardians
shall give such Notice as the Commissioners shall direct of the Place
and Period, not to be less than Twenty-one Days, at and during which the
Valuation whereon it is proposed that a Rate shall be made of the
rateable Property within the Union may be seen; and such Valuation shall
be shown at such Place and during such Period by such Persons as the
Guardians shall direct; and every Rate-payer within such Union shall be
allowed at all Times, between the Hours of Ten and Four during such
Period, to inspect such Valuation.
LXX. And be it enacted, That before any Rate shall be levied the
Guardians shall, in such Form and Manner as the Commissioners shall
direct, publish a Notice of the same having been made; and thenceforth
it shall be lawful for any Person or Persons affected thereby, at all
reasonable Times, to take Copies thereof or Extracts therefrom, without
paying any thing for the same; and in case the Person or Persons having
the Custody of such Rate shall refuse to permit or shall not permit such
Person or Persons so affected thereby as aforesaid to take Copies
thereof or Extracts therefrom, the Person or Persons so refusing or not
permitting such Copy or Extract to be made shall for each and every such
Offence forfeit and pay any Sum not exceeding Ten Shillings, to be
recovered as Penalties and Forfeitures are recoverable under this Act.
LXXI. And be it enacted, That every Rate made under the Authority of
this Act shall be paid to the Person authorized to collect the same by
the Person in the actual Occupation of the rateable Property at the Time
of the Rate made, and on his Default then by the Person subsequently in
the Occupation of the rateable Property from whom such Rate shall be
demanded.
LXXII. Provided always, and be it enacted, That in any Case where the
net annual Value of any Property shall not amount to Five Pounds, if the
Occupier and his immediate Lessor by any Writing under their Hands shall
require, and if the Guardians of the Union wherein such Property is
situate shall by a Minute of their Board agree thereto, such immediate
Lessor shall be rated instead of such Occupier; and such Rebate from the
Rate may be made, (not exceeding Ten per Cent.,) as the Guardians
shall by such Minute allow; and such Minute, until altered as
herein-after provided, shall bind such Lessor, his Heirs and Assigns,
unless the Commissioners shall at any Time disallow the same or any Part
thereof, which shall thenceforth, so far as the same shall be
disallowed, be of no effect; and such Minute shall in no Case be altered
or rescinded by the Guardians until Twelve Months after the making or
last previous Alteration thereof, nor within Six Months after the
Consent of the Occupier and Lessor to be affected by the Alteration
shall have been given to such Alteration: Provided nevertheless, that
the Occupier of any Property the immediate Lessor of whom shall have
been so charged shall be entitled to be rated, on giving to the Board of
Guardians of the Union in which such Property is situate Six Months
Notice according to the Form contained in the Third Schedule to this Act
annexed.
LXXIII. And be it enacted, That every Rate made under the Authority of
this Act on each Electoral Division shall and may, if any Collector for
the Time authorized to collect the County Cess on any Part of such
Electoral Division shall be approved of by the Commissioners, and shall
give Security to the Satisfaction of the Commissioners, and shall accept
such Salary or Allowance as shall be approved by the Commissioners for
his Trouble in this Behalf, be levied by such Collector, who shall, so
far as relates to the Collection of such Rate, be deemed a paid Officer
of the Union within which such Electoral Division shall be situated; and
it shall be lawful for the Guardians of any Union to issue Warrants
under their Seal to each such Collector, specifying the Amount of Money
to be levied for the Purposes of this Act on each Electoral Division
respectively within the Collection of such Collector, and the Portion
thereof to be paid by each Occupier of rateable Hereditaments or other
Person liable to pay the same; and the Collector, on Receipt of such
Warrant, is hereby required and authorized to levy the Money therein
mentioned according thereto; and such Money shall and may be collected
and levied, sued for and recovered, by such and the same Ways and Means
as the Grand Jury Cess, or the Money applotted on the several Persons
liable to pay the same, may be collected and levied; but if such
Collector shall not give such Security or accept such
Salary or Allowance, such Rate shall and may be levied by any other
Officer of the Union who shall, with the Approval of the Commissioners,
be thereunto appointed and authorized by the Warrant of such Guardians;
and every such Officer so appointed and authorized shall have such and
the same Powers in all respects, for the Collection and Levy of the
Money mentioned in the Warrant of the said Guardians, as are
herein-before given to the Collector for the Time being authorized to
collect County Cess.
LXXIV. And be it enacted, That where the Person occupying such Property
shall be liable to pay a Rent in respect of the same he may deduct from
such Rent for each Pound of the Rent which he shall be liable so to pay
One Half of the Sum which he shall have paid as Rate in respect of each
Pound of the net annual Value (whether such Rent shall be greater or
less than such net annual Value), and so in proportion for any less Sum
than a Pound.
LXXV. And be it enacted, That where any Person receiving Rent in respect
of any rateable Property shall also pay a Rent in respect of the same,
he shall be entitled to deduct from the Rent so paid by him a Sum
bearing such a Proportion to the Amount of Rate deducted from the Rent
received by him as the Rent paid by him bears to the Rent received by
him: Provided always, that every Lessor rated as aforesaid instead of
any Occupier of rateable Property shall be entitled to deduct from any
Rent paid by him in respect of such Property a Sum bearing such a
Proportion to One Half of the entire Rate on such Property as the Rent
paid by him bears to the net annual Value of such Property.
LXXVI. Provided always, and be it enacted, That every Person immediately
liable to pay Tithe may deduct therefrom, for every Pound in Value of
such Tithe, the entire Poundage of every Rate made under this Act upon
the Hereditaments out of which such Tithe may arise.
LXXVII. Provided also, and be it enacted, That any Covenant or Agreement
whereby any Person liable to pay Rent, and entitled under the Provisions
of this Act to deduct therefrom any Rate or Portion of Rate, shall have
covenanted or agreed or shall hereafter covenant or agree to forego such
Deduction, shall, so far as such Rate is concerned, be of no effect.
LXXVIII. And be it enacted, That in case the Rate in respect of any
rateable Property shall not have been fully paid within Two Calendar
Months after the Rate made, it shall be lawful for the Guardians of the
Union within which such rateable Property shall be situate, or any
Person authorized to collect Rate therein, to levy and raise such Rate
or the Part thereof remaining unpaid, together with all Costs incurred
by any Neglect or Refusal to pay the same, by such Distress on the
rateable Property, and such Sale and Disposition of the Distresses taken
thereon, as are by Law provided for the Recovery of Rent reserved on
Leases of Land for Years, or to sue for such Rate and Costs by Civil
Bill in the Name of such Guardians before the Assistant Barrister having
Jurisdiction to hear and determine Causes by Civil Bill in the County,
Place, or District where the Person liable to pay the same resides:
Provided always, that in case the Person occupying such Property, and
paying such Rate and Costs, or any Part thereof,
shall not be the Person primarily liable to pay the Rate, or the
immediate or any superior Landlord of the Person primarily liable, it
shall be lawful for him to deduct and retain the whole of the Rate and
such Costs so paid by him from any Rent paid by him; and the Person from
whose Rent such Rate and Costs shall be so deducted shall be entitled to
make from any Rent paid by him such Deduction as he would have been
entitled to make in case the Rate had been duly paid by the Person
primarily liable to pay the same.
LXXIX. And be it enacted, That in all Cases the Receipt for Poor Rate in
respect of any Property shall be accepted by every Person entitled to
receive Rent in respect of the same Property or Tithe arising therefrom
in lieu of such a Sum of Money and in full Consideration of such Portion
of Rent or Tithe as the Person tendering such Receipt is hereby entitled
to deduct from such Rent or Tithe by reason of his Payment of the Rate
for which such Receipt shall be given: Provided always, that no
Deduction on account of any Payment of Rate under this Act shall be held
to be a Discharge of any Portion of any Gale or quarterly or other
Payment of Rent due from the Person entitled to make such Deduction, so
as to prejudice the Right of any Landlord to recover the Possession of
any Hereditaments by Ejectment for Nonpayment of the Rent thereof in any
Case where the remaining Portion of such Gale shall be unpaid, but that
it shall and may be lawful for such Landlord to proceed for the Recovery
of such Hereditaments by Ejectment as effectually as if the entire Gale
or quarterly or other Payment of Rent out of which such Deduction is
hereby allowed had remained wholly due and unpaid: Provided also, that
no Deduction shall be made from any Rent-charge granted by way of
Jointure, or any other Rent-charge or Annuity granted, limited, or
devised for a Life or Lives in being only, or for Years determinable on
a Life or Lives in being.
LXXX. And be it declared and enacted, That every Occupier paying Rate,
and not entitled to deduct the whole thereof from the Rent paid by him,
and every Person receiving in respect of any rateable Property Rent from
which any Deduction shall be made on account of Rate, in case such Rent
shall exceed all Rent paid by him in respect of the same Property, and
every Owner of Tithe, shall be deemed a Rate-payer for the Purposes of
this Act; and every Person entitled to receive Tithes from the Persons
primarily liable to pay or render the same shall exclusively be deemed a
Tithe-owner for the Purposes of this Act.
LXXXI. And be it enacted, That at every Election of Guardians in a Union
where a Rate shall have been made under this Act every Rate-payer who
under the last of such Rates shall have paid or contributed or be liable
to pay or contribute Rate (whether in One or in more than One Sum or
Charge) in respect of Property in such Union shall have a Vote or Votes
according to the Scale herein-after mentioned; (the Number of Votes in
the Case of an Occupier to be computed and allowed in respect of the net
annual Value of the Property occupied by him, and in the Case of a
Person receiving Rent and contributing Rate in respect thereof to be
computed and allowed according to the net Amount of the Rent received by
him after deducting therefrom all Rent which he may be liable to pay,
and in respect of which he may be entitled to deduct from the Rate
contributed, and in the Case of the Tithe-owners to be computed and
allowed according to the net annual Value of his Tithe;) where such
Property so occupied, or the net Amount of such Rent, or the net annual
Value of such Tithe, as the Case may be,
shall not amount to 20 l. One Vote;
shall amount to 20 l. and not to 50 l. Two Votes;
to 50 l. and not to 100 l. Three Votes;
to 100 l. and not to 150 l. Four Votes;
to 150 l. and not to 200 l. Five Votes;
to 200 l. and upwards Six Votes:
And in every Case where the Occupier paying Rate shall not be entitled
to deduct any Part thereof from any Rent paid by him, he shall have
double the Number of Votes above mentioned: And where the net annual
Value of the rateable Property shall exceed the Rent paid by the
Occupier he shall, in addition to his Votes as Occupier, have the same
Number of Votes as if such Excess of net annual Value were Rent received
and retained by him without Deductions; and for the Purpose of
ascertaining the Number of Votes to which a Rate-payer shall be entitled
the Aggregate Amount of the Valuation under this Act for the Time being
of the Property in respect of which he claims to vote shall be taken to
be the annual Value.
LXXXII. And be it enacted, That in case Two or more Rate-payers shall be
jointly liable to pay or contribute to Rate, each of them shall be
entitled to vote according to the Proportion and Amount which shall be
borne by him; and where One only of the Persons jointly liable shall
claim to vote, he shall be entitled to vote in respect of the whole of
the Property in respect of which such Rate-payers may be jointly liable.
LXXXIII. And be it enacted, That in all Elections of Guardians the Votes
shall be given or taken in Writing, and collected and returned in such
Manner as the Commissioners shall direct, and the Majority of the Votes
which shall be actually collected and returned in each Electoral
Division shall in every such Case be binding on such Division and the
Union containing the same.
LXXXIV. And be it enacted, That it shall be lawful for any Rate-payer
from Time to Time by Writing under his Hand to appoint any Person to
vote as his Proxy in respect of any Property not in the actual
Occupation of such Rate-payer; and every such Appointment shall remain
in force until revoked; but no Rate-payer shall be entitled to vote,
either in Person or by Proxy, in respect of any Property not in his
actual Occupation, or to give any Vote in addition to the Vote or Votes
to which he
would be entitled as an Occupier paying Rent equal to the net annual
Value of the Property in his actual Occupation, unless he or his Proxy
shall, One Week at the least previous to the Day on which he shall claim
to vote, have given a Statement in Writing of his Name and Address, and
the Description of the Property in respect of which he claims to vote,
and of his Interest therein, and if such Proxy shall claim to vote the
Original or an attested Copy of the Writing appointing such Proxy, to
the Guardians, or some Person acting as the Returning Officer at such
Election; and the said Guardians, or the Person acting as Returning
Officer, shall enter on the Rate Books of the Union, or in some other
Book to be from Time to Time provided for that Purpose, the Names and
Addresses of the Rate-payers and Proxies who shall send such Statements,
and the net annual Value of the Property in respect whereof they
respectively claim to vote.
LXXXV. And be it enacted, That no Occupier paying Rent to any Landlord
shall be entitled to vote under the Provisions of this Act unless he
shall have paid all the Poor Rates previously made and assessed upon
him, except such as shall have been made or become due within the Six
Calendar Months immediately preceding such voting.
LXXXVI. And be it enacted, That in Cases of Property belonging to or
occupied by any Corporation Aggregate, or any Joint Stock Company, no
Member of such Corporation, or Proprietor of or interested in such Joint
Stock Company, shall be entitled to vote in respect thereof, but any
Officer of such Corporation or Joint Stock Company whose Name shall be
entered by the Direction of the governing Body of such Corporation or
Company in the Books of the Union, in the Manner herein-before directed
with respect to Rate-payers claiming to vote in respect of Property not
in their actual Occupation, shall be entitled to vote in respect of such
Property in the same Manner as if he were a Rate-payer thereof.
LXXXVII. And be it enacted, That at every Election of Guardians for any
Union where a Rate shall not have been made under this Act every Person
liable to pay the County Cess for Property within such Union, and every
Landlord entitled to receive Rent in respect of such Property, shall
have the same Vote or Number of Votes respectively as if the same had
been Property rated under the Provisions of this Act; and in such Case,
for the Purpose of ascertaining the Right to a Vote or Votes at such
Election, every Shilling of the County Cess levied on such Property
within the Year ended the Thirty-first Day of December next previous
to such Election shall be calculated as One Pound net annual Value.
LXXXVIII. And be it enacted, That at any Election of Guardians under
this Act the Commissioners may appoint a Returning Officer, with such
Assistants as they may deem necessary, and prescribe the Duties which he
shall perform in such Election; and such Returning Officer shall,
according to the best of his Judgment and Ability, make a true Return in
Writing to the Commissioners of the Persons who shall be elected
Guardians; and every Person who shall be returned by such Officer shall
be deemed to be legally elected.
LXXXIX. And be it enacted, That whenever it is made lawful under the
Provisions of this Act to charge or secure Money on the Rates of any
Union or Electoral Division, it shall be lawful for the Guardians of
such Union, with the Consent of the Commissioners, to be testified under
their Seal, or for the Commissioners, when there may be no Guardians
elected, or other Persons appointed or authorized to act as Guardians
for such Union or Electoral Division, to borrow and obtain such Money
from any Person willing to advance the same on the Security of such
Rates on the Terms herein-after mentioned, or to make Application for an
Advance of any Sum necessary for any such Purposes to the Commissioners
appointed under an Act passed in the Fifty-seventh Year of the Reign of
His Majesty King George the Third, intituled An Act to authorize the Issue of Exchequer Bills and the Advance of Money out of the
Consolidated Fund, to a limited Amount, for the carrying on of Public
Works and Fisheries in the United Kingdom, and Employment of the Poor in
Great Britain, in manner therein mentioned, and of any
Act or Acts passed for amending or continuing the same, and the said
Exchequer Bill Loan Commissioners are hereby empowered to make such
Advances upon any such Application as aforesaid, upon the Security of
the Rates for the Relief of the Poor, or special Rates under this Act,
to be made in such Union or Electoral Division, and without requiring
any further or other Security than a Charge on such Rates: Provided
always, that no such Advance of Money shall be made by the Exchequer
Bill Loan Commissioners for the Purposes of building any Workhouse
unless with the Consent of the Commissioners of Her Majesty's Treasury.
XC. Provided always, and be it enacted, That all Money to be borrowed
under the Provisions of this Act shall be secured by a Charge on the
Rates hereby authorized, under the Seal of the Guardians or other
Persons appointed or authorized to act as Guardians, or under the Seal
of the Commissioners, as the Case shall require, and shall carry
Interest after such Rate as may in such Charge be mentioned; and in the
Case of Money borrowed for the Purchase of Land or any Interest therein
for building or enlarging a Workhouse, or furnishing and fitting up the
same, or providing Utensils, Instruments, or Machinery for setting the
Poor to work, the Principal Money shall be repaid by annual Instalments
of not less than One Twentieth of the Sum borrowed; the first of such
Instalments to be paid at or before the Expiration of One Year after the
Time of the Advance of such Money, if at the Time of such Advance any
Workhouse in the Union shall have been declared by the Commissioners fit
for the Reception of destitute Poor, and if no Workhouse in the Union
shall have been so declared fit, then at or before the Expiration of One
Year after the Time when some Workhouse shall have been so declared fit;
and in every Case not otherwise provided for by this Act such Principal
Money shall be repaid by such Instalments
as in the Charges by which the same shall be secured shall, with the
Consent of the Commissioners, be specified in that Behalf: Provided
always, that where any Money shall be advanced by the said Exchequer
Bill Loan Commissioners, upon Application as aforesaid, for the Purchase
of Land or any Interest therein, or for building or enlarging a
Workhouse, or for any or all of such Purposes, such Money shall not
carry Interest until, according to the Terms of the Charge by which such
Money shall be secured, One Half of the Money so advanced ought to have
been repaid, and thenceforth so much only as shall from Time to Time
remain unpaid shall carry Interest.
XCI. And be it enacted, That every Person entitled to Money secured by
Charges on the Rates by this Act authorized may from Time to Time assign
his Right and Interest therein to any other Person, upon giving Notice
in Writing of such Assignment to the Guardians of the Union the Rates of
which or of any Place or District within which may be thereby charged;
and after such Assignment and Notice such Assignee, his Executors,
Administrators, and Assigns, shall be entitled to the full Benefit of
such Charge, and to recover and receive the Money thereby secured; and
it shall not be in the Power of the Person who shall have made such
Assignment to release or discharge the Charge assigned, or the Money
secured thereby.
XCII. And be it enacted, That the Commissioners may direct the Boards of
Guardians of so many Unions as they may think fit to join in making any
Contract; and that any Contract which shall be entered into by or on
behalf of any Union, for or relating to the Maintenance, clothing,
lodging, Employment, or Relief of the destitute Poor, or for any other
Purpose relating to or connected with the general Management of the
destitute Poor, or the Execution of this Act, which shall not be made
and entered into in conformity with the Orders of the Commissioners, or
otherwise sanctioned by them, shall be voidable, and, if the said
Commissioners shall so direct, shall be null and void; and all Payments
made under or in pursuance of any Contract not made and entered into in
conformity with such Orders, at any Period after the Commissioners shall
have declared the same to be null and void as aforesaid, shall be
disallowed in passing the Accounts of the Guardians or other Officers by
whom such Payments shall have been made; and it shall be lawful for the
Commissioners to direct the Guardians of any Union to take or institute
any Proceedings, Civil or Criminal, as the Commissioners may think fit,
against any Contractor who shall have violated the Terms of any such
Contract, or who shall have been guilty of any Fraud in relation
thereto; and the Expences of such Proceedings shall be paid out of the
Rates levied under the Authority of this Act in the Union or Unions
interested in such Contract.
XCIII. And be it enacted, That no Guardian, paid Officer, Warden, or
other Person in whose Hands the Collection of the Rates for the Relief
of the destitute Poor, or the providing for, ordering, Management,
Control, or Direction of the destitute Poor of any Union, shall or may
be placed, shall, either in his own Name or in the Name of any other
Person, provide, furnish, or supply, for his own Profit, any Materials,
Goods, or Provisions for the Use of any Workhouse in any Union for which
he or they shall be appointed or act as such during the Time for which
he or they shall retain such Appointment, nor shall be concerned,
directly or indirectly, in furnishing or supplying the same, or in any
Contract relating thereto, under pain of forfeiting the Sum of One
hundred Pounds, with full Costs of Suit, to any Person who shall sue for
the same by Action of Debt or on the Case in any of Her Majesty's Courts
of Record at Dublin .
XCIV. And be it enacted, That every Guardian, Treasurer, or other Person
having the Collection, Receipt, or Application of any Monies assessed
for the Relief of the destitute Poor in any Union, or holding or
accountable for any Balance or Sum of Money, or any Books, Deeds,
Papers, Goods, or Chattels relating to the Relief of the destitute Poor
within any Union, or the Collection or Application of Poor Rate, or for
the Funds, Property, Rents, Profits, or Income of any House of Industry,
or other Institution which shall be liable to become vested in the
Commissioners under this Act, shall, as often as the Orders of the
Commissioners shall direct, make and render to the Auditors who may
audit Accounts under the Provision herein-after contained a full and
distinct Account in Writing, in such Form as the Commissioners shall
direct, of all Monies, Matters, and Things committed to their Charge, or
received, held, or expended by them on behalf of any such Union, House
of Industry, or other Institution, and, if thereunto required by such
Auditors, shall verify on Oath (which Oath every such Auditor is hereby
authorized to administer) the Truth of all such Accounts and Statements
from Time to Time respectively, or subscribe a Declaration to the Truth
thereof, in manner and under the Penalties in this Act provided for
Parties giving Evidence or refusing to give Evidence
under the Provisions of this Act; and all Payments, Charges, and
Allowances made by any Guardian or other Person, and charged upon the
Rates for the Relief of the destitute Poor, contrary to the Provisions
of this Act, or at variance with any Order of the Commissioners made
under the Authority of this Act, are hereby declared to be illegal, and
shall be disallowed accordingly; and all Balances found by any such
Auditor to be due from any Guardian, Treasurer, or other Person having
the Control of the Poor Rate, or accountable for such Balances, may be
recovered in the same Manner as Penalties and Forfeitures are
recoverable under this Act : Provided nevertheless, that
no such Proceeding shall exonerate or discharge the Liability of the
Surety of any such Treasurer, Guardian, or other Person as aforesaid:
Provided also, that no Allowance or Disallowance by any Auditor shall
exonerate or discharge such Guardian or other Person liable to account
from any Penalty or legal Proceeding to which he may have rendered
himself liable by having acted contrary to the Orders of the
Commissioners or to the Provisions of this Act.
XCV. And be it enacted, That it shall be lawful for the Commissioners to
appoint Auditors to audit the Accounts of all Persons liable to account
under this Act, and to invest such Auditors with such of the
Powers and Authorities which the Commissioners are herein-before
authorized to delegate to the Assistant Commissioners as they shall
think fit, and such Appointments, Powers, and Authorities respectively
from Time to Time to revoke and vary; and such Auditors shall examine
into the Matter of every such Account, and shall disallow and strike out
of every such Account all such Charges and Payments as they shall deem
to be illegal or unfounded, and shall reduce such as they shall deem to
be exorbitant, and shall insert in every such Account such Charges
against the Person accounting as they shall deem such Person liable to,
specifying upon or at the Foot of such Account every such Charge or
Payment, and its Amount, so far as they shall disallow, reduce, or
insert the same, and the Cause for which the same is disallowed,
reduced, or inserted.
XCVI. And be it enacted, That no Advertisement inserted by or under the
Direction of the Commissioners in the London or Dublin Gazette, or any Newspaper, for the Purpose of carrying into effect any Provisions of this Act, nor any Charge, Mortgage, Bond, or Instrument given by way of Security in pursuance of the Orders of the Commissioners, and conformable thereto, nor any Transfer thereof, nor any Contract or
Agreement made or entered into in pursuance of such Orders, and
conformable thereto, nor any Conveyance, Demise, or Assignment
respectively, to or by the Commissioners, nor any Receipt for Rate, nor
any other Instrument made in pursuance of this Act, nor the Appointment
of any paid Officer engaged in the Administration of the Laws for the
Relief of the Poor, or in the Management or Collection of the Poor Rate,
shall be charged or chargeable with any Stamp Duty whatever.
XCVII. And be it enacted, That the said Commissioners or Commissioner
shall and may receive and send by the General Post, from and to Places
within the United Kingdom, all Letters and Packets relating solely and
exclusively to the Execution of this Act free from the Duty of Postage,
provided that such Letters and Packets as shall be so sent be directed
to the Poor Law Commissioners, and that all such Letter and Packets as
shall be sent by the said Commissioners shall be in Covers, with the
Words 'Office of Poor Law Commissioners' printed on the same, and be
signed on the Outside thereof, under such Words, with the Name of any
One of such Persons, not exceeding Three, as the said Commissioners,
with the Consent of the Commissioners of the Treasury, or any Two or
more of them, shall authorize and appoint, in his own Handwriting, such
Name to be from Time to Time transmitted to the Secretaries of the
General Post Office in London and Dublin, and be sealed with the Seal of the said Commissioners, and under such other Regulations and
Restrictions as the said Commissioners of the Treasury, or any Two or
more of them, shall think proper and direct; and every Person so to be
authorized is hereby strictly forbidden so to subscribe or seal any
Letter or Packet whatever, except such only concerning which he shall
receive the special Direction of his superior Officer, or which he shall
himself know to relate solely and exclusively to the Execution of this
Act; and if any Person so to be authorized, or any other Person, shall send, or cause or permit to be sent, under any
such Cover, any Letter, Paper, or Writing, or any Inclosure, other than
what shall relate to the Execution of this Act, every Person so
offending shall be dismissed from his Office, and shall forfeit and pay
the Sum of One hundred Pounds, (one Moiety of the said Penalty to the
Use of Her Majesty, Her Heirs and Successors, and the other Moiety to
the Use of the Person who shall inform or sue for the same,) to be sued
for and recovered in any of Her Majesty's Courts of Record at
Westminster for Offences committed in England, and in any of Her Majesty's Courts of Record in Dublin for Offences committed in
Ireland, and before the Sheriff or Stewartry Court of the Shire or
Stewartry within which the Party offending shall reside or the Offence
shall be committed for Offences committed in Scotland; and if any
Letter, Paper, or Writing, or other Inclosure, shall be sent under Cover
to the said Commissioners, the same not relating solely and exclusively
to the Execution of this Act, the are hereby strictly required and
enjoined to transmit the same forthwith to the Secretary of the Post
Office in London, with the Covers under which the same shall be sent, in order that the Contents thereof may be charged with the full Rates of Postage.
XCVIII. And be it enacted, That the Delivery of any Summons authorized
to be issued by any Commissioner, Assistant Commissioner, or Justice of
the Peace, under this Act, to any Party to whom such Summons shall be
directed, or at his Place of Abode, to his Wife, or to any Child or
Servant of such Party, being of the Age of Sixteen Years or upwards,
shall in all Cases be deemed good and sufficient Service of such Summons.
XCIX. And be it enacted, That in all Cases in which any Penalty or
Forfeiture is recoverable before Justices of the Peace under this Act it
shall and may be lawful for any Commissioner or Assistant Commissioner,
or any Justice, to whom Complaint in Writing shall be made of any such
Offence, to summon the Party complained against to appear before any Two
Justices, and on such Summons the said Two Justices may hear and
determine the Matter of such Complaint, and on Proof of the Offence
convict the Offender, and adjudge him to pay the Penalty or Forfeiture
incurred, and proceed to recover the same.
C. And be it enacted, That in case any Warden, Master of a Workhouse, or
other Officer of any Union shall wilfully disobey the legal and
reasonable Orders of Guardians in carrying the Orders of the
Commissioners or Assistant Commissioners, or the Provisions of this Act,
into execution, every such Offender shall, upon Conviction before any
Two Justices, forfeit and pay for every such Offence any Sum not
exceeding Five Pounds.
CI. And be it enacted, That if any Master of a Workhouse or other paid
Officer, or any other Person employed by or under the Authority of the
said Guardians, shall purloin, embezzle, or wilfully waste or misapply
any of the Monies, Goods, or Chattels belonging to any Union, every such
Offender shall, besides and in addition to such Pains and Penalties as
such Persons so offending shall independently of this Act be liable to,
upon Conviction before any Two Justices, forfeit and pay for every such
Offence any Sum not exceeding Twenty Pounds, and also Treble the Amount or Value of such Money, Goods, or Chattels so purloined, embezzled, wasted, or misapplied; and every Person so convicted shall be for ever thereafter
incapable of serving any Office relating to the Relief of the destitute
Poor.
CII. And be it enacted, That in case any Person shall wilfully neglect
or disobey any of the Orders of the Commissioners or Assistant
Commissioners, purporting to be sealed or stamped with their Seal of
Office, such Person shall, upon Conviction before any Two Justices,
forfeit and pay for the First Offence any Sum not exceeding Five Pounds,
for the Second Offence any Sum not exceeding Twenty Pounds nor less than
Five Pounds; and in the event of such Person being convicted a Third
Time, such Third and every subsequent Offence shall be deemed a
Misdemeanor, and such Offender shall be liable to be indicted for the
same Offence, and shall, on Conviction, pay such Fine, not being less
than Twenty Pounds, and suffer such Imprisonment, with or without hard
Labour, as may be awarded against him by the Court by or before which he
shall be tried and convicted.
CIII. And be it enacted, That all Penalties and Forfeitures by this Act
inflicted or authorized to be imposed for any Offence against the same
shall, upon Proof and Conviction of the Offences respectively before any
Two Justices, either by the Confession of the Party offending, or by the
Oath of any credible Witness or Witnesses, (which Oath such Justices are
in every Case hereby fully authorized to administer,) or upon Order made
as aforesaid, be levied, together with the Costs attending the
Information, Summons, and Conviction, by Distress and Sale of the Goods
and Chattels of the Offender, or Person liable or ordered to pay the
same respectively, by Warrant under the Hands of the Justices before
whom the Party may have been convicted, or on Proof of such Conviction
by a Warrant under the Hands of any Two Justices (which Warrant such
Justices are hereby empowered and required to grant); and the Overplus
(if any), after such Penalties and Forfeitures, and the Charges of such
Distress and Sale, are deducted, shall be returned, upon Demand, unto
the Owner or Owners of such Goods and Chattels; and in case such Fines,
Penalties, and Forfeitures shall not be forthwith paid upon Conviction,
then it shall be lawful for such Justices as aforesaid to order the
Offender or Offenders so convicted to be detained and kept in safe
Custody until Return can be conveniently made to such Warrant of
Distress, unless the Offender or Offenders shall give sufficient
Security to the Satisfaction of such Justices as aforesaid for his or
their Appearance before such Justices on such Day or Days as shall be
appointed for the Return of such Warrant of Distress, such Day or Days
not being more than Seven Days from the Time of taking any such
Security, and which Security the said Justices as aforesaid are hereby
empowered to take, by way of Recognizance or otherwise; but if upon the
Return of such Warrant it shall appear that no sufficient Distress can
be had thereupon, then it shall be lawful for any such Justices as
aforesaid, as the Case may be, and they are hereby authorized and
required, by Warrant or Warrants under their Hands, to cause such
Offender or Offenders to be committed to the Common Gaol or House of
Correction of the County where the Offender shall be or reside, there to
remain, without Bail or Mainprize, for any Term not exceeding Three
Calendar Months, unless such Penalties and Forfeitures,
and all reasonable Charges attending the same, shall be sooner paid and
satisfied; and the Penalties and Forfeitures, when so levied, shall be
paid to or for the Use of the Union where such Offence shall have been
committed, to be applied in aid of the Poor Rate of such Union, and if
such Offence shall not be committed within any Union, shall be paid to
the Treasurer of the County in which such Offence shall have been
committed, in aid of the County Cess.
CIV. And be it enacted, That no Rate-payer or Inhabitant of any Union,
or Payer of County Cess, shall be deemed an incompetent Witness in any
Proceeding for the Recovery of any Penalty or Forfeiture inflicted or
imposed for any Offence against this Act, notwithstanding such Penalty
or Forfeiture, when recovered, shall be applicable as aforesaid.
CV. And be it enacted, That where any Distress shall be made for any Sum
of Money to be levied by virtue of this Act, the Distress itself shall
not be deemed unlawful, nor the Party making the same be deemed a
Trespasser, on account of any Default or Want of Form in any Proceedings
relating thereto, nor shall the Party distraining be deemed a Trespasser
ab initio on account of any Irregularity which shall afterwards happen in making the Distress, but the Person aggrieved by such Irregularity may recover full Satisfaction for the special Damage in
an Action on the Case: Provided always, that no Plaintiff shall recover
in any Action for Irregularity, Trespass, or wrongful Proceedings, if
Tender of sufficient Amends shall be made by or on behalf of the Party
who shall have committed or caused to be committed any such
Irregularity, Trespass, or wrongful Proceedings, before such Action
shall have been brought; and in case no such Tender shall have been made
it shall and may be lawful for the Defendant in any such Action, by
Leave of the Court where such Action shall depend, at any Time before
Issue joined, to pay into Court such Sum of Money as he shall see fit,
whereupon such Proceedings or Orders and Judgment shall be had, made,
and given in and by such Court as in other Actions where the Defendant
is allowed to pay Money into Court.
CVI. And be it enacted, That if any Person or Persons shall find himself
or themselves aggrieved by any Order or Conviction of any Justice or
Justices (except where such Justice shall be an Assistant Barrister),
where such Person or Persons shall be convicted in any Penalty or
Penalties exceeding Five Pounds, or by any Rate made under this Act, or
shall have any material Objection to any Person or Persons being put in
or left out of such Rate, or to the Sum charged on any Person therein,
it shall be lawful for such Person or Persons to appeal to any Sessions
of the Peace to be held in the Presence of the Assistant Barrister in
and for the County in which such Rate or such Order shall have been made
or Conviction taken place within Four Calendar Mouths next after the
Cause of Complaint shall have
arisen, or if such Sessions shall be held before the Expiration of One
Calendar Month next after such Cause of Complaint, then such Appeal
shall be made to the next following Sessions.
CVII. And be it enacted, That the Justices and Assistant Barrister
before whom any Appeal shall be brought are hereby empowered to hear and
finally determine the Matter of such Appeal, and to make such Order
therein as to them shall seem meet, which Order shall be final and
conclusive upon all Parties, and in case of any Appeal against any Rate
as aforesaid, to order the Name of any Person interested or concerned in
the Event of such Appeal, and having had Notice thereof as is herein
provided, to be inserted in such Rate, and to be rated at such Sum or
Sums of Money, or to order the Name of any such Person to be struck out
of such Rate, or the Sum or Sums at which any such Person is rated
therein to be altered, as the said Justices and Assistant Barrister
shall think right, and such Justices and Assistant Barrister or some
proper Officer of the Court shall forthwith add to or alter the Rate
accordingly; provided always, that the Justices and Assistant Barrister
to whom such Appeal shall be made shall not examine or inquire into any
other Cause or Ground of Appeal than such as is stated and specified in
the Notice of Appeal, nor alter any such Rate with respect to other
Persons or Matter than are mentioned and specified in the Notice of
Appeal; but if upon an Appeal from the whole of any Rate it shall be
found necessary to quash or set aside the same, then the said Justices
and Assistant Barrister shall quash the same, and shall in that Case
order the Guardians to make a new Rate, and they are hereby required to
make the same accordingly.
CVIII. And be it enacted, That if upon the Hearing of any Appeal from
any Rate made under this Act the Justices and Assistant Barrister shall
order the Name of any Person to be struck out of such Rate, or the Sum
or Sums rated on any Person to be decreased or lowered, and if it shall
be made appear to the Justices and Assistant Barrister that such Person
hath previously to the hearing of such Appeal paid any Sum or Sums of
Money in consequence of such Rate which he ought not to have been
charged with, then and in every such Case the said Justices and
Assistant Barrister shall order all and every such Sum and Sums of Money
to be repaid by the said Guardians, together with all reasonable Costs,
Charges, and Expences occasioned by such Person having been required to
pay the same, to be recovered as Penalties and Forfeitures under this Act.
CIX. And be it enacted, That the Person or Persons so appealing shall
give or cause to be given at least Fourteen Days Notice in Writing of
his or their Intention of appealing as aforesaid, and of the Matter or
Cause thereof, to the Clerk of the Guardians or the Respondent or
Respondents; and the Justices and Assistant Barrister to whom such
Appeal shall be made shall not examine or inquire into any other Cause
or Ground of Appeal than such as is stated and specified in the Notice
of Appeal; and if any Person or Persons shall appeal against a Rate
because any other Person is rated or omitted therein, or because any
other Person is rated therein at any greater or less Sum than the net
annual Value of the Hereditaments in respect of which such other Person
shall be rated, or for any other Cause that shall require any Alteration
to be made in such Rates with respect to any other Person, then and in
every such Case the Person or Persons so appealing shall give such
Notice of Appeal as aforesaid, not only to the Clerk of the Guardians of
the Union wherein such Rate shall be made, but also to every other
Person so interested or concerned in the Event of such Appeal, and every
such other Person shall, if he so desire, be heard upon such Appeal.
CX. Provided always, and be it enacted, That notwithstanding any such
Appeal or Notice thereof every Rate shall be payable and shall be levied
as if no Appeal had been made, until such Rate shall be actually quashed
or amended.
CXI. And be it enacted, That within Five Days after Notice given of
Appeal the Person or Persons appealing shall enter into a Recognizance
before some Justice of the Peace, with sufficient Securities,
conditioned to try such Appeal at the then next Sessions of the Peace to
be held in the Presence of the Assistant Barrister as aforesaid, and to
abide the Order of and pay such Costs as shall be awarded by the
Justices and Assistant Barrister at such Sessions.
CXII. And be it enacted, That such Justices and Assistant Barrister,
upon hearing and finally determining the Matter of any Appeal, shall and
may, according to their Discretion, award such Costs to the Party
appealing or appealed against as they shall think proper, and their
Determination in or concerning the Premises shall be conclusive and
binding on all Parties to all Intents and Purposes whatsoever.
CXIII. And be it enacted, That no Action or Suit shall be commenced
against any Commissioner, Assistant Commissioner, or any other Person,
for any thing done in pursuance of or under the Authority of this Act,
until Twenty-one Days Notice has been given thereof in Writing to the
Party or Person against whom such Action is intended to be brought, nor
after sufficient Satisfaction, or Tender thereof, shall have been made
to the Party aggrieved, nor after Three Calendar Months next after the
Act committed for which such Action or Suit shall be so brought; and
every such Action shall be brought, laid, and tried where the Cause of
Action shall have arisen, and not in any other County or Place;
and the Defendant in such Action or Suit may plead the
General Issue, and give this Act and any special Matter in Evidence, at
an Trial which shall be had thereupon; and if the Matter or Thing shall
appear to have been done under or by virtue of this Act, or if it shall
appear that such Action or Suit was brought before Twenty-one Days
Notice thereof given as aforesaid, or that sufficient Satisfaction was
made or tendered as aforesaid, or if any Action or Suit shall not be
commenced within the Time before limited, or shall be laid in any other
County than as aforesaid, then the Jury shall find a Verdict for the
Defendant therein; and if a Verdict shall be found for such Defendant,
or if the Plaintiff in such Action or Suit shall become Nonsuit, or
suffer a Discontinuance of such Action or if, upon any Demurrer in such
Action, Judgment shall be given for the Defendant
therein, then and in any of the Cases aforesaid such Defendant shall
have Costs, Charges, and Expences, as between Attorney and Client, and
shall have such Remedy for recovering the same as any Defendant may have
for his or her Costs in any other Case by Law.
CXIV. And be it enacted, That no Order of the Commissioners or Assistant
Commissioners or Guardians, or any of them, made under the Powers of
this Act, or Rate made under this Act, shall be removed or removeable by
Writ of Certiorari into any Court of Record, except Her Majesty's Court
of Queen's Bench at Dublin, and that every Order or Rate which shall be removed by Writ of Certiorari into the said Court of Queen's Bench, or the Legality of which shall be called in question in any other legal Proceedings, shall nevertheless, until the same shall be declared
illegal by that Court, continue in full Force and Virtue, and be obeyed,
performed, and enforced in such and the same Manner, and by such and the
same Ways and Means, as if the same had not been so removed, or the
Legality thereof had not been called in question.
CXV. And be it enacted, That no Application shall be made for any Writ
of Certiorari for the Removal of any such Order or Rate, except to the
Judges when sitting in the said Court, nor unless Notice in Writing
shall have been left at the Office of the Commissioners in London or Dublin at least Ten Days previous to such Application being made, and in which Notice shall be set forth the Name and Description of the Party by or on behalf of whom and the Day on which it is intended to make such Application, together with a Statement of the Grounds
thereof; and thereupon it shall be lawful for the Commissioners to show
Cause in the first instance against such Application, and the Court may,
if it shall so think fit, forthwith proceed to hear and determine the
same upon the Grounds set forth in such Notice.
CXVI. And be it enacted, That the Party or Parties applying for any Writ
of Certiorari for the Removal of any such Order or Rate shall, previous
to such Application being heard, enter into a Recognizance, with
sufficient Sureties, before One of Her Majesty's Justices of the Court
of Queen's Bench in Dublin, or before a Justice of the Peace of the County or Place in which such Person shall reside, in the Sum of Fifty
Pounds, with Condition to prosecute the same, at his or their Costs and
Charges, with Effect, without any wilful or affected Delay, and in
default thereof, or in the event of such Writ being refused or of such
Order being deemed legal, to pay the Commissioners their full Costs,
Charges, and Expences, to be taxed according to the Course of the said Court of Queen's Bench; and in any such Case the Commissioners entitled to such Costs, within Ten Days after Demand made of the Person or Persons who ought to pay the said Costs, upon Oath made of the making such Demand, and Refusal of Payment thereof, may recover the same in the same Manner as any Penalties and Forfeitures are recoverable under this Act.
CXVII. And be it enacted, That if upon the Hearing of the Application
the Court shall order a Writ of Certiorari to issue for bringing up any
such Order, and the same, being brought into Court, shall be quashed as
illegal, the Commissioners shall forthwith notify the Judgment of the
Court to all Unions to which such Order shall have been directed, and
the same shall from the Time of receiving such Notice respectively be
deemed and taken to be null and void to all Intents and Purposes
whatsoever: Provided always, that such Judgment shall not
have the Effect of annulling any Contracts made in pursuance or upon the
Authority of any such Order which at the Receipt of such Notice
respectively shall have been executed by either of the contracting
Parties : Provided also, that no Person shall be liable
to be prosecuted, either by Indictment or by Civil Action, for or in
respect of any Act done by him before the Receipt of such Notice, under
the Authority and in pursuance of such Order.
CXVIII. And be it enacted and declared, That the Words 'Poor Law
Commissioners,' and the Words referring to such Commissioners in this
Act, shall be taken to mean the Poor Law Commissioners for England and Wales appointed under the Authority of an Act passed in the Fourth and Fifth Years of the Reign of His late Majesty, intituled An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales; and that the said Commissioners
for the Time being shall from and after the passing of this Act be
styled 'The Poor Law Commissioners,' and by that Name shall have all the
Powers and be subject to all the Obligations conferred or imposed on
them by the said Act or by any other Acts by the Name of 'The Poor Law
Commissioners for England and Wales;' but all Proceedings at Law or in Equity commenced, and all Deeds or Instruments made and executed, and all Orders and Summonses made and issued, before the passing of this Act, wherein the said Commissioners shall be styled 'The Poor Law
Commissioners for England and Wales,' shall be continued, and shall have the same Force and Effect after the passing of this Act, as if the said Commissioners were therein styled 'The Poor Law Commissioners.'
CXIX. 'And whereas by reason of the Provisions of this Act the Duties of
the Poor Law Commissioners may be greatly increased;' be it therefore
enacted, That it shall be lawful for Her Majesty, Her Heirs and
Successors, by Warrant under the Royal Sign Manual, to appoint a Fourth
fit Person to be a Commissioner to carry the said Act of the Fourth and
Fifth Years of His late Majesty and this Act into execution, conjointly
with the Three Commissioners appointed by virtue of the said Act; and
all the Provisions contained in the said Act, or in any other Act,
passed or to be passed, in any way affecting the said Commissioners
appointed under the said Act or this Act, or any of them, shall extend
to any Fourth Commissioner who may be appointed under the Provisions of
this Act.
CXX. And be it enacted, That the said Commissioners, or any Two of them,
may from Time to Time, as they may deem expedient, sit in England and Wales or Ireland as a Board of Commissioners for carrying this Act into execution, and for exercising all or any of the Powers which may be exercised by the said Commissioners under the Authority of the said Act of the Fourth and Fifth Years of the Reign of His late Majesty, or any other Acts.
CXXI. And be it enacted, That the Commissioners shall cause to be made a
Seal and Duplicate Seal of the said Board, and shall cause to be sealed
or stamped therewith all Orders made by them in pursuance of this Act;
and all such Orders or Copies thereof, purporting to be sealed or
stamped with the Seal of the said Board, shall be
received, without any further Proof thereof, as Evidence of such Orders,
and that the same have been duly made and issued; and no such Order, or
Copy thereof, shall be valid, or have any Force or Effect, unless the
same shall be sealed or stamped as aforesaid.
CXXII. And be it enacted, That it shall be lawful for any One of the
Commissioners, when required by One of Her Majesty's Principal
Secretaries of State, or when the Board shall deem fit, to act in
Ireland for the Purpose of carrying the Provisions of this Act into
execution; and such One Commissioner shall, while acting there, have the
same Power as is by this Act given to the Board of Commissioners, except
the Power to make General Rules: Provided always, that the whole of the
Commissioners shall assemble in London as often as they may deem
necessary, but once at least in every Year, for the Purpose of
submitting to One of Her Majesty's Principal Secretaries of State the
General Report of their Proceedings.
CXXIII. And be it enacted, That there shall be laid annually before both
Houses of Parliament, on or before the First Day of May, a General
Report of the Proceedings of the Commissioners acting in execution of
this Act, together with an Account of the Expenditure upon the Relief of
the Poor in each Union, and of the total Number relieved in each Union
during the Year ended on the First Day of January preceding.
CXXIV. And be it enacted, That the Words and Expressions herein-after
mentioned, which in their ordinary Use have a more confined or different
Meaning, shall in the Construction of this Act, except where the Context
excludes such Construction, be interpreted as follows: every Word
importing the Singular Number or the Masculine Gender only shall be
understood to include and shall be applied to several Persons, Matters,
or Things, as well as one Person, Matter, or Thing, and Females as well
as Males respectively; the Word 'Order' shall include General Rules; the
Words 'General Rule' shall be construed to mean any Order relating to
the Execution of this Act which shall at the Time of issuing the same be
addressed by the Commissioners to more than One Union or to more
Institutions or Objects than One, when such Institutions or Objects
shall not be contained in any One Union; the Word 'Occupier' shall
include every Person in the immediate Use or Enjoyment of any
Hereditaments rateable under this Act, whether corporeal or incorporeal;
the Word 'Rent' shall include every Reservation or Sum or Value rendered
either in Money or otherwise by any Tenant or under any Contract for or
in respect of the Occupation, Use, or Enjoyment of any Hereditaments,
corporeal or incorporeal, and also every Fee-farm Rent, and Rent-seek
and Rent-charge; the Word 'Tithe' shall include Rent or Composition in
lieu of Tithe, and also the Ministers Money charged under an Act made in
the Parliament of Ireland in the Session holden in the Seventeenth and Eighteenth Year of the Reign of King Charles the Second, for Provision of Ministers in Cities and Corporate Towns in Ireland; the Words 'Justice' or 'Justices of the Peace' shall, when any Justice or Justices is or are empowered to do any magisterial or judicial Act, either singly or at Petty Sessions, include and extend to any Justice of the Peace, or any Magistrate of a County, County of a City, or County of Town, or of any City or Town Corporate, or any Assistant Barrister.
CXXV. And be it enacted, That this Act way be amended or repealed by any
Act to be passed in this present Session of Parliament.
SCHEDULES
The FIRST SCHEDULE to which this Act refers.
Registry of Persons admitted into and discharged from the Workhouse of
the Union .
No. | When admitted. | Name and Surname. | Sex. | Age.
| Employment. | Married or Single. | Name of Wife or Husband. | Number of Children. | Townland in which resident. |
| | | | | | | | | |
The SECOND SCHEDULE to which this Act refers.
Form of Rate.
A Rate for the Relief of the Poor of the Union in the County of made
this Day of in the Year of our Lord One thousand on a Poundage of pence
in the Pound.
Declaration of Guardians, &c.
We do declare the several Particulars specified in the respective
Columns of the above Rate to be true and correct, so far as we have been
able to ascertain them, to which End we have used our best Endeavours.
T J
J T
A.B., Clerk of the Union. &c. &c.
The THIRD SCHEDULE to which this Act refers.
'I A.B., Occupier of [describe the Property as nearly as possible in the Manner in which it is described in the Valuation], in respect of which B.C. [the Lessor] is now rated, hereby require to be rated as the Occupier of the same; and I do hereby undertake to pay all Rates lawfully made in respect of such Property under the Authority of the Act passed in the Year of the Reign of Her Majesty Victoria, for the more effectual Relief of the destitute Poor in Ireland.' A.B.
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