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in connexion w^ith sudi Drainage, in Ireland,
and Two other Acts since passed, amending
the same, and all Charges (if any) existing
under and by virtue of an Act passed in the
Eleventh Year of the Reign of Her present

• 117,

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190 Recovery of Bates.—Audit, [Part I. 10.

12* ',3 Vic. Majesty, intituled An Act to facilitate the

uiHH Poor Iviprovement of Landed Property iu Ireland,

?vKrm 19. And be it enacted. That when any

^^ act!"''" ^^ ^^^ ^^^ ^^^^ ^^ ^^^ ^^^^ ^^^^ ^ ™^^
»8*^. after the passing of this Act, it shall not be

Limiution lawful to commencc any Proceeding for the

^<^eJ5^' Recovery of any Arrear thereof against any

of rIT*^ Person not primarily liable to pay the same*,

twoyo»«,in unless within the Period of Two Years next

after the making and publishing of the said

Rate.



eertain oaaos.



AUDIT : RETURNS OF DISALLOWANCES, &a

Audit : 20. And for the Purpose of giving better

tiSitoS"' Effect to the Audit of the Accounts of the
ng^«<»'D*«- several Guardians of the Poor throughout
j^owanoos, j^^j^^j^^ |^ j^ enacted, That to the annual

Reports required to be laid before Parliament*,
there shall be appended a Statement of the
Date up to which the several Accounts of the
Unions shall have been closed and audited,
together with a Statement of all such Charges
and Payments disallowed, struck out, reduced,
or inserted by such Auditor, and of the Steps
taken at Law for the Recovery of the same, or
the Enforcement of any Disallowance, Sur-
charge, or other Demand founded on the Audi-
tor's Report, from any Guardian, Treasurer, or
other Person having the Control of the Poor
Rate, or any Part thereof, or being account-
able for any Balances or any Sums applicable
for the Relief of the Poor ; and the Amount
of such Disallowances, Surcharges, or Balances
which have been recovered andpaid into the
Hands of the Treasurer of the XJnion.

» Under $ 71, 78 of 1 & S Vic c. 66 (pp. fil, 66) : f 2-4 of < ft 7
Vic. 0. 92 (pp. 102-106).
^ Under 10 fr 11 Vic. o. 90, 1 31 (p. 161).

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Part 1. 10.] InspectUm of Rate Books. — Appeal. 191

IS* 13 Vic.

BATE-BOOKS : XNSPECnON, &C. Iiutn pto«

Law

21 . And be it enaxited. That the Guardians AwS/IiT
of the Poor of the several Unions shall, before {^
the making of every Rate, leave theRate Books —
open for the Inspection of any Rate-payer", mld^Rrtl
between the Hours of Ten in the Forenoon ^^^*{i^^
and Four in the Afternoon, during Fourteen iMpection:
Days at the least before the making of every Noticetobe
such Rate; and that such Guardians shall give forTwpc^*
the same public Notice of the Deposit of such ^"•
Rate Books for Inspection, as they are now
required to give in relation to the making of
such Rates**: and that in all Cases, the Names ^wne of
of Occupiers for whom the Immediate Lessor be inLrted
is primarily liable for the pa3rment of Rate wh^iil***'
shall be inserted in the Rate Book. ^ ™^'*-



APPEAL AGAINST RATES.

22. And be it enacted, That for the Pur- '» ^pp-*
pose of giving due Facility of Appeal against aSST
the said Rates, it shall and may be lawful for t^\nv^\,,
the known Agent of any Appellant, appointed ;I,JP*JJiJ'
in like Manner as a Proxy is appointed for Notioe^Ao.
voting in the Election of Guardians*, to sign

the Notices and enter into the Recognizances
required by Law in Cases of Appeal : which
Notices and Recognizances, so signed as afore-
said, shall be in all respects as good and
effectual in Law as if signed by the Appellant
in Person.

23. And whereas by the said recited Act Heoogni-
passed in the Second Year of the Reign of Her ?;;jii* ^



» Under $ 9 of 6 A 7 Vic c. 92 (p. 112), the Valnafion on which
flie rate shall have been made if also to be open to inspection.

» Under { 70 of 1 ^ 2 Vic. a £6 (p. fiO). For Form of Notice
to be giren hejbrt the making of the rate, and mode of pnbllcar
tkm thereof, as well as the Notice afier the making of the Rate,
SM Ocnaral Order of 12th Jannary, 18M (Part III.)

• I 84 o< 1 A 9 Vie. e.66 (pw 61).



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192 Pvblication of Returns of Persons relieved. [Part L lO.

^2 * » J Vic. present Majesty, it is, amongst other things^
Irish Pcwii enacted*, "That within Five Days after NotKse
F0RT«R " given of an Appeal to the Quarter Sessions
'^"^c^"" " ^he Person or Persons appealing shall enter
1W9- " into a Recognizance before some Justice of
Repeal of " the Pcacc, with sufficient Securities, condi-
porwoiw^^ " tioned to try such Appeal at the then next
0. 66. <f Sessions of the Peace to be held in the Pre-

" sence of the Assistant Barrister, and to abide
" the Order of and pay such Costs as shall be
" awarded by the Justices and Assistant Bar-
"rister at such Sessions": And whereas it is
expedient to repeal the said Provision, and to
substitute another Provision in lieu thereof:
Reoogni- Bc it therefore enacted. That within Five
e^°red into* Days after Notice given of any such Appeal
^" ^P' as in the said recited Act or any Act amend-
ing the same provided^ the Person or Persons
appealing shall enter into a Becognizance
before some Justice of the Peace with suffi-
cient Securities, conditioned to try such
Appeal at the Sessions of the Peace to which
such Person or Persons shall have so appealed,
and to abide the Order of and to pay such
Costs as shall be awarded by the Court at
such Sessions.



PUBLICATION OF NUMBERS AND NAMES OF
PERSONS RELIEVED.

Namoaof 24. And bo it enacted. That the Board

rJJJJS to bo of Guardians of each Union shall cause the
Ci^o^n Names of all Persons relieved out of the Poor
Itoi!*^^ Rates to be duly entered in Books, to be
kept. One for the Union at large, and One for
each Electoral Division, and under the Heads



• 1 A 3 Vic c. 5«, § 111 (p. 82).

'> See provisions a« to Appejds. in 1 A 9 Vic. o. £6, § 106 (pt.7i);
S Vic. c. 1« S 9 (p. 98); and 6 & 7 Vio. o. 99, S 8 (p. IlOX



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PjlET L 10.] Emigration. 193

of the Townlands in which they are stated to ^^ Vfol'*^*
have last resided ; and such Books shall be irwh pour
<f)en io the Inspection of all Persons assessed furtoer
to the Poor Rate within the Union from Ten ^"'^^'^'"^
o'clock in the Forenoon until Four o'clock in ^^
the Afternoon on One Day at least in each
Week.

25. And be it enacted, That on each weekly
Saturday, the Boaixi of Guardians of every of^NiTbii
Union shall cause a Statement to be prepared ^^^l^^^^^
and posted on the Door of the Poorhouse, to union and
showing the Number of Persons who shall Jhoreof"*
have received Relief in such Union during the JJ b? poltid
Seven Days then next preceding, and fiirther jn work-
^wing Uie Number of Persons chargeable **"^ ***"'
against the Union at large and against each
separate Electoral Division.

EMIGRATION.

26. And be it enacted, That, for the Pur- Further pro-
poses of defraying or assisting to defray the Sgral^'on.
Expenses of the Em^ration of poor Persons
resident within any U nion or Electoral Divi-
sion, it shall be lawful for the Guardians of

such Union, with the Consent of the Commis-
sioners, to be testified under their Seal, or for
the Persons for the Time being appointed or
authorized to act as Guardians of such Union,
with such Consent and so testified as aforesaid,
to apply any Moneys in their Hands arisinfj Rates mny
from any Rate or Rates on any Electoral g^n^^^r^
Division or Divisions in defraying or assisting ^i];^''"^'^ j^,^
to defray the Expenses of the Emigration of purpose.
poor Persons resident therein respectively, or
to borrow and obtain from Time to Time any
Sums or Sum of Money from any Person or
Persons willing to advance the same, or from
the Exchequer Bill Loan Commissioners*,



ied to
ion.



> Piblle WorkB Loftn Commigsiouen : see note » in p. 66.

K



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194 Emigration. [Pabt I. 10.

'* t lo/'*'* "P<>^ ^^® Security of the Rates of such Union,
lawHPTOa or of any Electoral Division or Divisions
PimTBWR thereof, on the Terms and subject to the
^""act,"^ Provisions hereinafter mentioned : Provided
1M9! always, that no such Sums or Sum of Money
shall be advanced by the said Exchequer Bill
Loan Commissioners* unless with the Consent
of the Commissioners of Her Majesty s Trea-
vioo-Gnar- sury : Providcd also, that it shall not be
proSLd**' ^ lawful for any paid Officers appointed to act
MctioV wfth- ^ Guardians by the said Commissioners^ ta
ojft oonwnt exercise the said Power of appljring or bor-
lJ»7'»rs. rowing Money for the Purpose of Emigration
without the Consent of a Majority in Value
of the Rate-payers of the Electoral Division
or Divisions to be charged therewith, assem-
bled in the Manner provided by the said
recited Act of the Second Year of the Reign
of Her present Majesty*' for the Purpose of
agreeing to and signing an Application to the
said Commissioners for the raising of a Rate
to assist Emigration,
soounty for 27. And bc it enacted, That the Repay-

.^KT' ^^^^ ^^ ^^^ ^^^ every such Sums and Sum of
^Kni^^ilZ ^^^^y ^^ borrowed shall be from Time to
Time secured by a Charge on the said Rates
respectively, by a Debenture, made out in
such Form as the Poor Law Commissioners
shall direct, under the Seal of such Guardians
or Persons, as the Case shall require, which
shall carry Interest after such Rate or Rates
as in every such Charge shall be specified :
and that every Person having any Right or
Interest to, in, or imder any such Charge
(save only and except the said Exchequer
Bill Loan Commissioners) may from Time to



^Public Works Loan Commissioners: see note » in p. S6.
t>Uuder f 2« of 1 A 3 Vlo. o. 56 (p. 18X and S 18 of 10 Vio. e. 9ft
(p.l8«).

o§ 61 of 1 lib 3 Vic. c. 56 (p. 87).



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Pam I. 10.] Emigration. 195

lime, by Elndorsement thereon or otherwise, "^^^T""
assign his or her said Right or Interest '*"^^**^*
therein to any other Person or Persons, upon FcRTun
first giving Notice in Writing of such Assign- ^^^"*
inent to the Guardians or Persons appointed ^•
or authorized to act as Guardians of the said
Union ; and that thereupon such Assignee or
Assignees, and his or their Representatives or
Assigns, shall be entitled to stand in the Place
c^ the Person assigning the same, and in
respect of such Right or Interest : Provided Limiution of
always^ that the Sums or Sum of Money so iJ^^mved.
to be borrowed and charged upon any Elec-
toral Division or Divisions as aforesaid, and
remaining outstanding and unpaid in respect
of the Emigration of poor Persons resident or
relievable within any such Electoral Division
or Electoral Divisions respectively, shall never
exceed in the whole the Amoimt or Propor-
tion of EHeven Shillings and Eight-pence in
the Pound of the clear yearly v alue of the
rateable Property situate or arising within
the EUectoral Division or respective Divisions
the Rates whereof shall have been so charged
with the Repayment thereof; and that any
Sum or Sums of Money so borrowed and
charged upon the Union at large as aforesaid,
and remaining outstanding and unpaid in
respect of the Emigration of poor Persons
rendent in and relievable by the Union at
huge, shall never exceed in the whole the
Amount or Proportion of Two Shillings and
Four-pence in the Pound of the clear yearly
Value of the rateable Property situate or
arifflng within such Union : and the Sums or Mode of re-
Sum of Money so to be borrowed shall be ^^^
repaid by annual Instalments, each Instalment
b^ng not less than One Seventh Part of such
Sams or Sum respectively, and the first of
sach Instaln^nts to be so repaid at or before

s2

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196 Informalities in Legal Process. [Pabt L 10.

" 1 10^"'' ^^^ ^^ ^^ ^^® Twelvemonth next after the
iRUH Poor Day whereon such Sums or Sum shall have
FumT^BB been first advanced ; and that for the Pur-
^""^"" poses aforesaid it shall be lawful for the
1849. Guardians or Persons appointed or authorized
to act as Guardians of such Union to provide
for the Bepajnnent of such annual Instalments
out of the Bate or Rates levied in the said
Union under the Authority of the Acts for
the Relief of the Poor in Ireland.
Appiioation 28. And be it enacted, That all and

bim^<3i for every the Sums and Sum of Money so to be
EmigwUon. borrowcd and charged as aforesaid shall be
fixan Time to Time applied, under the Direc-
tion of the said Commissioners, by the Guar-
dians or Persons appointed or authorized to
act as Guardians of the Union borrowing the
same, in defraying or assisting to defray the
Expenses connected with the Emigration of
poor Persons resident or relievable within
the respective Electoral Divisions or Division
on the Rates whereof the same respectively
shall have been so charged, or resident in and
relievable by the Union at large on the Rates
whereof anv such Charge on the Union at
S^Briw?" l^^e shall have been so charged, to any of
Colonies, ftc., thc Colouics Or Possessions of this Realm, or
oM«Po«i«n ^ ^jjy Foreign State ; and that it shall not
be lawful for any Person acting in the Execu-
tion of this Act to apply or expend any such
Sums or Sum, or any Part thereof in any
other Manner or for any other Purpose what-
soever.



INFORMALITIES, &C., IN LEGAL PROCESSES
RESPECTING RATES.

iijja^. ^^- ^?!^ ^ ^* enacted, That for the Pur-
torSetfioDs,' pose of facilitating and rendering more effec-
*-'"*'"* tual all legal Proceedings of Quarter Sessions

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Pakt 1. 10.] Rtcofvery of Rates from Immediate Lessors. 197

or before any Assistant Barrister in Ireland, " VfoZ**^
or before the Chairman of the Sessions of '*^^^**®*
the Peace of the County of Dublin, or before PcRTum
the Recorder of the City of Lublvn, in any- ^"Ti'J*"
^wise relating to the Collection or Recovery '^•
of Poor 8 Rate, or relating to Appeals or other B^rirtw
Proceedings respecting rating, it shall andj^;;^^
may be lawful for such Assistant Barrister, g^jj^or
Chairman, or Recorder, if he shall so think ^"JpjiJ^J^.
fit, to correct or amend any Variance/
clerical Error, or Irregularity, not affecting
ihe substantial Merits of tiie Question to
be tried, and which may be found in the
Notices, Recognizances, Processes, Decrees, or
other Forms or Instruments of a like Kind
brought before him in relation to this Act
or the Acts hereinbefore recited.



RECOVERY OF RATES FROM IMMEDIATE
LESSORS.

30. And be it enacted. That in any Case P«>«»diiigi
m which it may be necessary to institute of Rates from
Proceedings by Civil BiU before any Assistant iSSS^S)^
Barrister in Ireland, or before the Chairman ^*^ ^^
of the Sessions of the Peace of the County
of Dublin, or before the Recorder of the
City of Dublin, against any Immediate
Lessor primarily liable to the Payment of
Rates for Premises the Occupier of which is
exempted from such Payment, it shall be law-
ful for the Guardians of the Poor to insti-
tute such Proceedings before the Assistant
Barrister for the County wherein the rated
Premises are situated, and in the Division
thereof wherein the same are situate ; and
in case the said rated Premises are situated
within the County of Dvhlin, or within the
City of Dublin, then before the Chairman of
the Sessions of the Peace of the County of

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198 Recovery of Rates from ImmediaU Lessors, [Part I. 10.

" Mm^ ^f^*^^^» o^ ^^^ Recorder of the Ciij of DtMin
Irish ptor (as the Case may be) : first giving to su<A
FoRraKR Immediate Lessor, or to his known Agent or
1MRKDM.KT Receivor of his Rents, Fourteen Days' Notice
ma! of the Proceeding about to be taken against
him as aforesaid, bj*^ Service of Process ; and
sorrioe of tho Scrvicc of Process in such Civil Bill on
"****** such Immediate Lessor, his known Agent or
Receiver, at any Place out of such Division
and County, or at any Place out of the said
County of Dublin or City of Dublin, shall he
as eflectual as a Service of the same upon soeh
Lessor within such Division or within the
said County of Dublin or City of Dublin,
Aetatobe 31. And bc it enacted, That the said re-

^^'^ cited Act of the Second Year of Her Majesty'*
Reign, and the Acts amending the same, and
this Act, shall be construed as One Act.
Aot may b« 32. And bc it enacted. That this Act may

ftmend«d. aeo. -^^ amended or repealed by any Act to be
passed in this present Session of Parliament



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[ W9 ]



14 & 15 Vict. Cap. 68. " * V

An Act to provide for the better Distribu- chariti.*
tion, Support, and Management of Medical "*^
Charities in Ireland ; and to amend an Act
of the Eleventh Year of Her Majesty* to
provide for the Execution of the Laws for
the Relief of the Poor in Ireland.



[7th August, 1851.]



lO&ll Vi«.



Whereas it is expedient to provide for the
better Distribution, Support, and Manage-
ment of certain of the Medical Charities in
Ireland, and to amend for this Purpose the
Provisions of an Act passed in the Eleventh
Tear of Her present Majesty, intituled -4?^
Act to provide for the Execution of the Laws ^„ ^ ^
/or Relief of the Poor in Ireland'^ : Be it «• «>•
enacted by the Queen's most Excellent Ma-
jesty, by and with the Advice and Consent
of the Lords Spiritual and Temporal, and Com-
mons, in this present Parliament assembled,
^d by the Authority of the same, that —

COMMISSIONERS.

§ 1. It shall and may be lawful for Her Appoint
Majesty the Queen, by Warrant under Her S£!one«r ^
Sign Manual from Time to Time to appoint "

Two Persons (One of whom shall be a Phy- ifedi««)com-
8ician or Surgeon of not less than Ten "¥ ears' "*•"""**'•
standing, and shall have the Title of Medical
Commissioner,) who, together with the Com- ^■

» 10 A 11 Vic C. 90 (p. 151).

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200 Commissioners: Medical Commiseioner, [Pabt L 11,

^* 1 68 ^^^' J^i'*^ioiiGrs appointed under the Provisions of
MKord*!. the aforesaid Act of the Eleventh Year of
"a^?" Her Majesty*, shall, from the Time of the
If^- Publication hereinafter** directed to be made
in the Dublin Gazette, be "the Commis-
sioners for administering the Laws for Relief
of the Poor in Ireland" within the Meaning
of the aforesaid Act, pursuant to, and with
the Powers and Authorities given by, the
said Act and the several Acts for the more
effectual Relief of the destitute Poor, and also
for executing this Act : and such Two Persons
so appointed under this Act shall hold Office
Office of during the Pleasure of Her said M^esty : and
com^u-* immediately on the Publication aforesaid, the
!fwuh©d Office of Assistant Commissioner created by
the said first-mentioned Act" shall cease and
delegation ^ determine J and in the Absence of the Chief
chKTc^^ Commissioner for the Time being, in the said
hii'^IS^rcir Act mentioned, the Powers, Duties, and Func-
tions of the said Chief Commissioner under
the said Act shall be exercised by such One
of the other Commissioners as shall be ap-
pointed so to act by a Majority »of the Com-
missioners, with the Approval of the Lord
Lieutenant of Ireland.
Notification 2. Noticc of the Appointment of such Two

raoif J?com- ^^^^01^'^ ^J Her Majesty shall be published in
miMionws in thc DubHn Gazette ; and on the Day after the
^'*^^' Publication of the first Appointment of such
Powers giren Persous, all the Powcrs and Authorities'* given
hoMtu>u by this Act to the said Commissioners for
administering the Laws for Relief of the
Poor in Ireland shall take effect, and shall be



ft t.e^ the Chief Commissioner, and the Chief and Under Secre*
tarica for Ireland for tlie time being.

t» §2.

10 & 11 Yio. c. 90, § 6 (p. 165).

<> The lint appointment of the two additional Commissionen
under this Act was published in the Dublin Oazette of the 11th
of Norember, 1851.



•xeroiied.



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Pajw I. 11.] Commtssianers : Medical Inspectors. 201

exercised by them in like Manner as the '* VesT"^
Powers and Authorities given to the Commis- ^^^^
sioners appointed under the said Act of the act.
Eleventh Year of Her present Majesty* : Pro- ^!^
vided always, that any Order for the Forma-
tion or Alteration of any Dispensary District
or Districts under thi Act, as hereinafter
Inentioned^ or for framing or establishing
any General Kules or Re^ilations" relating
thereto, or altering or revoking the same,
shall be signed by not less than Two of the
said Commissioners.

MEDICAL INSPECTORS, &C.

3. The said Commissioners may from Appoint-
Time to Time appoint so many fit Persons as mSiwi
the Commissioners of Her Majesty's Treasury I"p«»*<»»*
shall sanction, being practising Physicians or
Surgeons of not less than Seven Years* Stand-
ing, to be Inspectors to assist in carrying out

the Provisions of this Act* ; and may remove
all or any of the said Inspectors, and appoint
others in their Place.

4. There shall be paid to the said Two saiariwof
Commissioners to be appointed under theSoneralid
Provisions of this Act, and also to the said ^.T**'*^!,^
Inspectors, such Salaries as shall be from
Time to Time appointed by the Conmiis-
sioners of Her Majesty's Treasury, out of any
Moneys which may fix)m Time to Time be
provided by Parliament for that Purpose.

5. Neither the Medical Commissioner nor Medici
any such Inspector aa aforesaid shall, while Sow ind
he continues in such respective Office, practise notM^I^
as a Physician or Surgeon, or in any other ttaoprof««-
professional Capacity. iionaiiy.

• 10 A 11 Vkj. c 90, f 9 (p. 166). >» 5 6 (p. 208). « 5 12 (p. 208).
4 See tbe 31 * 82 Vio. e. 74 (p. 241). which enables the Inspec-
ton appointed aader this sectiop to act as Poor Law Inspectors,
and Poor Law Inspeetors appointed onder the 10 fc 11 Vic. c 90,
to act under this section.

k8

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202



Farmatian of Diipensary DistricU, [Part I. 11.



14*15 Vie.

e.68,

Mbdical

CHARIT1B8

Act,
1851.

Ooardians of
M^ Union
to dlride
same into
Dispensary
DiKtrioii :



Saoh DiB-
trieU to bo
declared by
Uie Commis-
•ionen, if
approved, or
other Dis-
tricts to bo
formed bj
them.



Distnots may
bo altered
from time to



No Electoral
Division to be

Unidod.



Kxpenses to
b« charaod
o(i the Dis-
4riot aooord*
iiig to tho



DISPENSARY DISTRICTS.

6. The Guardians of each Union in Ire-
land shall, when so required* by the said
Commissioners for administering the Laws
for Relief of the Poor in Ireland, with all
reasonable Despatch, divide such Union into
so many Dispensary Districts, having regard
to the Extent and Population of such Dis-
tricts, as may to them appear necessary ; and
in case the said Commissioners shall approve
of the Districts so formed by the said Guar-
dians, they shall issue an Order under their
Seal declaring the same ; and in case they
shall not approve of the Districts so formed
by the said Guardians, the said Commissioners
may and they are hereby empowered to issue
an Order under their Seal declaring the Dis-
tricts which to them may appear necessary :
and it shall be lawful for the said Commis-
sioners, and they are hereby empowered,
when they may see Occasion, from Time to
Time, to require the Guardians to alter such
Districts, subject to the Approval, by Order
under Seal, of the said Commissioners ; and in
case of their Disapproval, or of the Neglect
of the Guardians to make such Alteration
when required, the said Commissioners may
alter such Districts by such an Order : Pro-
vided always, that in no Case shall an Electoral
Division formed under the Acts for the more
effectual Relief of the destitute Poor be
divided : And from and after a Day or Days
to be named in any such Order, the Cost of
all Medical Relief afforded within any such



» This requisition was addressed by the Commissioners to the
Guardians of each Union in Ireland on the daj on which their
appointment under this Aot took effect,— namelj, ISth Morembcr,
1861; and orders declaring Dispensary Districts ^ere subse-
quently Issued to every Union In Ireland.



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I*ART I. 11.] Cansiitutum of Dispemary Co/nmittees, 203

IHspensary District to which such Order shall " * *^^'*^'
relate, together with all the Salaries and mbokul
Ghaiges incidental to the same, shall be ^"1™**
<5harged on the Poor Rates of the Electoral '^'-
Division or Divisions comprised therein, vminjtion of
according to the net annual Value of each uiereilT. **
such Division under the Poor Law Valuation
in force for the Time being^ ; and the said Bionln to tx



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 18 of 90)