Compendium of the Irish poor law: containing the acts for the relief of the ... online

. (page 4 of 90)
Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 4 of 90)
Font size
QR-code for this ebook

that Act

o Under § 78, the Collector's Warrant for the collection of the
rates is to be issued by the Guardians ** uuder their Seal*' (p. 62).

d by Google

Pabt LI.] Proceedings of Gvx\rdiam». — Union Officers, 21

13 required by this Act*, and except also where ' Val'*'
it may be otherwise ordered by the Commift- i»»«« poo«
sioDfflB, no ex officio or elected Goardian shall Im. ^'
hare Power to act in virtue of his Office, ex- BowSTii
cept as a Member, and at a Meeting of a Board ^^^^^^j*!.
of Gnardians ; and no Act of any sach Meeting No Mt
shall be valid unless Three Members shall be Thl^ g!!^
present and concur. ^'^ p"**"'

30. Provided always, and be it enacted^ ou.rdi»M-
That no Defect in the Qaalification, Election, JJ|titLi"bV
or Appointment of any Person acting as a **«j2iflj^
Guardian at a Board of Guardians shall vitiate tionofMj
or make void any Proceedings of such Board b^'**'
in which he may have taken part


31. And be it enacted, that it shall be^^^^^^
lawful for the Commissioners, as and when be appoint4><i
they shall see fit, by their Order, to direct the ouSSli^^
Guardians of any Union, or of so many Unions

as the Commissioners may in such Order spe-
cify and declare to be united for the Purpose
of appointing and paying Officers, to appoint
^ch 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 Col-
lecting of Kates to be made for the Purposes
of this Act, in the Administration of the Re-
lief and Management of the destitute Poor,
and otherwise carrying the Provisions of this

* As in § 3$ (p. 26) for additional expenditure after completion
oftbe Workhouse. In § 40 (p. 29) for sale of the Workhouse.

^ Under the 88th section, the Commidsioners may themselTes
ippohit the Betornlng Oflicer and Assistants in the Election o(

« The Vahiation and revision of the Valuation of Rateable
pKipertf, are now made under the provisions of the General
Toonent Valoatlon Acts (see Part IL)

d by Google

.22 Unirni Officers: Salaries. [Part I. 1.

* V56 '*^' -^^^ ^^*^ Execution' ; and the Commissioners
Irish pioR may and they are hereby empowered to de-
'"m. "' fine, specify, and direct the Execution of the
com^^on- respective Duties of such Officers, and the
^^- Places or Limits within which the same shall
a?UM,s^u- be performed, and direct the Mode of the
HSottieeis. 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 Com-
missioners shall think ought to give Security**;
and, when the Commissioners may see Occa-
sion} from Time to Time, to regulate the
Amount of Salaries or Allowances payable to
such OlBcers respectively, and the Time and
Mode of Payment thereof, and the Propor-
tions in which such respective Unions shall
contribute to such Payment.
ISlSe'doii 32. And belt enacted, that the Salaries

«»»<»• of all such Officers, and the Salaries of Audi-
tors% 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 Kates of such Union or
Unions, or of any Electoral Division com-
prised therein, in the Manner and Proportions

A But the Commi^oners are themselves required to appoint
the Workhouse Chaplains, § 48 (p. 35), and may appoint the
Returning Officer and Assistants for Elections, § 88 (p. 64) ; and
under { 95 (p. 71), they are to appoint the Auditors of Accounts.

The Commissioners may also appoint paid Guardians, on de-
fault of the Board of Guardians, (§ 25, 26, p. 17, 18,) and they
may also, on the request of the Board of Guardians, appoint au
Assistant Guardian (§ 9 of 12 & 13 Vic c. 104, p. 183).

b See as to the appointment, duties, &c, of Officers to be ap-
pointed by the Guardians, in General Regulations and other
Oj^ers in Part III.

c The salaries of the Auditors are now voted annually by Par-
liament, and paid in the same manner as the salaries and ex-
I)en8e8 of the Poor Law Commission, and are not charged on the
poor rates.

d Under § 48 (p. 35).

d by Google

?AXT L 1.] Removal of Paid Officers. 23

fixed by the Commiswoners ; and the Guar- ^Vsl**^
^08 of any such Union are hereby empowered I"wh poo»
and required to raise by Rate such Sums as "i'JJw. *^'
shall be sufficient to pay such Salaries, or its
proportionate Part thereof.

33. And be it enacted, That the Com- ^t>ffi<;«
nussioners may and they are hereby autho- ^MJ**^^*"-
rizod 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
FrovisionB 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 Per- -^pp?'";., .
sons competent m that behalf to appoint a sucoeMor».
fit and proper Person in his Room : and in commif-
case of the Refusal or Neglect of the Persons J7„7 "^^
competent to appoint, or in case the Officer ^J^';^
removed shall be an Officer whom the Com-
missioners are by the Pro visions of this Act
directly empowered to appoint', the Commis-
aoners are hereby authorized to appoint a fit
and proper Person in the Room of the Per-
son 80 removed; and any Person so removed JJJ^^
shall not be competent to be«appointed to or inc mpotent
to fill any paid Office connected with the Re- l^JJiiJ^d.
&f or Management of the destitute Poor, in J.'^'jJPJi]!^.
any Union, except with the Consent of the «"* content.


34. And be it enacted, That when any ^^^^^
Union shaU have been declared, every House iiKiu8tr7,and
of Industry, Workhouse, and Foundling Hos- fi'cl^JiuSf
pital, which has been either wholly or in part c^mmilont
mpported by Parliamentary Tax, Grant, Grand ««•

» See note » on { Si (p. 23).

DigitiSed by Google

24 Workliouses, dtc, Vested in Commissioners. [Part 1. 1.

^*.66T'*^ Jury Aid, 'Or by any compulsory Rate or
Irish pioR Contribution, situate within the limits of
'"sw. ^* such Union, and all Lands, Tenements, and
Hereditaments, and Real Property, and Chat-
tels Real, and the Produce of any Tax, of
and belonging thereto, shall vest in the Poor
Law Commissioners for the Time being\ ac-
cording 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 pre-
vious Usage, have been made for the lawfiil
Purposes of any such House of Industnr.
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 Pre-
mises sliall 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 Succes-
sion, in Trust for the several Purposes for
which the same are respectively applicable,
but subject nevertheless to the Powers anti
iid^T**&c Pj'ovisions of this Act: and every such House
may bade- "of Industry, WiOrkhousc, or Foundling Hos-
workhoi^Tl pital, shall, if and when the Commissioners
MpiSJted^s shall so direct, be a Workhouse of the Union
heretofore, in which the saoie may be situate ; but every
suchHouseof Industry, Workhouse, or Found-

» Property transferred by 10 & 11 Vic. c. 90, § 10, to the Com-
missioners appointed under that Act (p. 167).

b Power to sell property rested in tbe Commissioners is giveu
by § 40 (p. 29), which also makes provision for the appUcatiouof
the proceeds. Special provision is also made by the 4 A 6 Via
c. 41, for the payment of Debts or Charges on Houses of Industry,
Ac, vested in the Commissioners, and for the application of the
proceeds in the event of the sale of the premises, but these pro-
visions are now obsolete, the affiiirs of all the old Uoussi of
ladostry having been wound up.

d by Google

Pabt LI.] Erection of WorkhauaeSj itc. 25

Jing Hospital, Bhall, subject always to the * * 5«^'*^

Control and Orders of the Commissioners, be i«»" poob

m^tained and supported in the Manner in isss.

vhich the same is now by Law maintained

and supported, until the Commissioners shall

by Order otherwise direct: Provided always, Jnm»Mtmot

that sach Commissioners shall take Measures nHS^^

for the gradual Reduction of the Number of {Jj;j^

the Inmates in such Foundling Hospitals, and

fiom 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 R^ard being had to the Welfare and

Pirotection of the Objects of the Charity.

35. And be it enacted. That the Commis- workboMM
noners may, from Time to Time as they may Jwad Eruie
•ee fit, build or cause to be built a Workhouse ^Z^
or Workhouses for any Union not having a
Vorkhouse, or purchase or hire Land of any
Tennre for the Purpose of building the same
thereon, and may purchase or hire a Work-
house or Workhouses, or any Building or
BttldingB for the Purpose of being used as or
eoo^med into a Workhouse or Workhouses:
ttd in the Case of any Union having a Work-
hoose or Workhouses, or any Buildings capa-
ble of being converted into a Workhouse or
Workhouses, may enlarge or alter the same
m snch Manner as the Conuuissioners shall
<leem most proper for carrying the Provisions
of this Act into execution; and may build
hire, or purchase any additional Workhouse
or WorUiouses, or any Building or Buildings
for the purpose of being used as or converted
into a W orkhouse or Workhouses, and may
porchase* or hire any Land for building such

'For prorisian as to Form of ConTeyaoee* see 3 Vic c. 1, ) 7

(».f7),tnd Schedule to that Act.

Digitized by Google

Workkousea: Land for Sites, (tc. [Part I. 1.

1 dk S Vic.


IiusH Poor

Rbubp Act,


Land vaxf bo
pnrohmaed or
hirad with

to uphold

Gaardians to
raise Monoj
for thesopur^
poses, as the
ers o-.ay

Consent of

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 Exe-
cution ; and may also purchase or hire any
Land not exceeding Twelve Acres Imperial
Measure*, to he occupied with any such
Workhouse ; and may order and direct the
Guardians of any Union to uphold and main-
tain any Workhouse, and to furnish and fit
up any Workhouse, and to provide any Uten-
sils, Instruments, or Machinery for setting the
Poor to work therein : and the Guardians of
every Union are hereby authorized and re-
quired to assess, raise, und 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 In-
terest, on thefuturePoor Rate of such Union*" ;
and all Lands and Buildings so purchased or
hired shall be conveyed or taken to the Com-
missioners for the Time being**, and shall vest
in the succeeding Commissioners in perpetnal
Succession, in the same Manner as herein-
before provided*" concerning Workhouses in
Unions at the Time of the Declaration thereof.
36. Provided always, and be it enacted,
That after the Period at which the Commis-

* Powers to take additional land for certain specified purposes
are given by 10 Vic, c 81, }ao-24 (pp. 138-142), and 11 & 12 Vic.
c. 26 (p. 164); and by the 5th sec of 12 A 18 Vic c. 104 (p. 180),
the Lands Clauses Consolidation Act, 1845, is incorporated with
the Poor Relief Act

b See $ 61 (p. 44) et seq.
e See §§ 89-91 (pp. 64-67).

d For provision as to Form of Conveyance, see 2 Vic c, 1, § 7
(p. 97), and Schedule to that Act

• See S 34 (p. 23).

d by Google

Part L 1.] Funds/or Building Workhouses. 27

2 Vic.

aonerg shall have declared the Workhouse of ' * '
the Union fit for the Reception of destitute ^JJJ^^^
Poor, it shall not be lawM for the Commis- iws.
aioners to direct the Expenditure in such /or b^-
(Jnion of any Sum or Sums of Money exceed- JJSJiiSof
ing Four Hundred Pounds, for imy of the Pur- mow th^
poses aforesaid, without the previous Consent « w<!rk-
in Writing of a Majority of the Guardians of Jj^tSiS,.
fflich Union, except for the Completion of JJ^pJ^^J^
Buildings already in part erected according of sSiidi^i.
to the i'lan or Plans originally sanctioned by
the Commissioners and deposited with the
Clerk of the Union.

37. And be it enacted, That it shall be iS^?.'"
lawful for all Corporations, Tenants in Tail, JJ"^„7'^
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 Asso-
cLition for the Suppression of Mendicity and
for other voluntary Associations, and the
Trustees and Feoffees in Trust for charitable
or o&er Purposes, Committees, Executors,
and Administrators, and all Trustees and Per-
song whomsoever, not only for and on behalf
of themselves, their Heirs and Successors,
but idso for and on behalf of all Persons, if
incapacitated, entitled in Reversion, Remain-
der, or Expectancy after them, and for and
on behalf of their Cestuique Trusts, whether
Infimts, Issue unborn, Lunatics, Idiots, Femes
Covert, or other Persons, and to and for all
Femes Covert seised and possessed of or in-
terested 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 He-
reditaments which may be required by the
ComnrissionerB for the Purposes of this Act,


Digitized by V^OOgle

28 PurcJuise of Lands for Workhouses. [Part I. 1.

^ %^Jr' *^ contract for, sell, and convey the same or
latsH p'ooR any part thereof to the Commissioners ; and
'"im "' all such Conveyances as aforesaid shall be
valid and effectual in the Law to all Intents
and Purposes, and shall operate to merge alt
Terms of Years attendant by express Declara-
tion 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.
ProvWon. 38. Aud bo it enacted, That all and every

o7siki! *^ of the Provisions of an Act passed in the
7 Gw. < c. Seventh Year of his late Majeslr King George
28-32. ^j^^ Fourth, intituled An Act for consolidate
ing and amending the Laws relating to Pri^
sons 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 re-
lative 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 purcha£ied or taken for
the Purposes of this Act, and to the Rights
and Titles of Parties interested therein : Pro-
vided always, that every Act in relation to the
Matters aforesaid, whereto the Concurrence or
Signatures of Three of the Commissioners of

» Irish Priaons Act, 7 Geo. 4, e. 74, § 98-32. The proYieioii*
of the Landfi Clauses Consolidation Act, 1845 (8 & 9 Vic o. 18),
have since been incorporated with the Irish Poor Relief Acts,
for the purpose of enabling the Commissioners to porchaao or
hire lands, &c, fur providing Workhouses in Unions : see 19 It la
Vic. 0. 104, § ft (p. 180).


by Google

Part 1. 1.] Furchcue and Sale oj Lands, dec. 29

Works in the said Act mentioned are required, * * *5^'^-
shall imd may be done by and under the Hand iw«« Pooa
of any One of the Poor Law Commissioners. i^. ^'

39. ProTided always, and be it enacted, wbii^
That in every Case in which the Amount of J"^*^
Pnce of any Lands, Tenements, or Heredita- Mid into a*
ments, or of any Compensation, shall be paid cJSi£!*
into the Bank of Ireland, in the Name and JJJSidw
with the Privity of the Accountant-General of "^ «• **•
the Court of Chancery, to be placed to his iSw?***'
Account to the Credit of the Parties inter-
ested in the said Lands, Tenements, or Here-
<litament8, in manner provided by the said

Act of the Seventh Tear of the Reign of ^SjJ'^'X^'
Kmg George the Fourth, such Payment, and "
every Contract and Agreement in pursuance
whereof it was made, ahall be good to all In-
tents and Purposes; and the said Commis-<
fiioners shall not be bound to see to the Ap-
plication thereof, nor shall such Contract or
I'onveyance be in anywise vitiated by reason
of any Defect of Title of the Person or Cor-
poration 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 Pay-
ment 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 inter-
ested in Lands taken under the Provisions of
the said Act.

40. And be it enacted, That it shall be commw-
lawful for the Commissioners for the Time '^^TJaV
being, when they shall think fit, to sell any Z^"^^'
Lands, Tenements, or Hereditaments which

may be purchased by or become vested in
Aem by or under the Authority of this Act,
and to convey the same as the Purchasers

Digitized by Google

30 Purchase cmd Sale of Lamds^ <fec. [Pakt I. L

^ 1 56^*''' ^'^ direct ; and the Receipt of any Two of
Irish Poor the Commissioners, or of any Person to whom ■
"i838. "' the Purchase Money shall be paid by their
Direction, shall be sufficient Discharge for
^f^PllJJhSSS ®^^^ Purchase Money; and such Purchase
Money ; Mouoy shall bo applied by the Commissioners
in the Purchase of other Lands, Tenemente,
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 Insti-
tution for the Benefit or Purposes of which
such Hereditaments shall have been holden:
wJSJL Provided always, that it shall not be lawful
Bottt) b^** for the Commissioners to sell the Workhouse
VltZlfT of any Union without the Consent of the Ma-
GuardiMii. jority of the whole Number of the Guardians
of such Union.


wolSftobe ^^- ^^^ ^^ ^* enacted. That when the

DTOTidod in Commissioners shall have declared any Work-
by ui^**o^ house of any Union to be fit for the Reception
dians. ^£ 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
Conmiissioners, 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 Chil-
dren' ; and in the next place, such other Per-
sons as the said Guardians shall deem to be
destitute Poor, and unable to support them-

» By the Act for the Abolition of Veatry Cess (27 & 28 Vic.
c 17), it is declared that all powers exercised by Vestries with
FMpeot to deserted children, shall cease ; and the 3rd section pro-
vides that the several Acts in force for the Relief of the Destitute
Poor in Ireland shall be applicable to all cases of destitute de>
sorted children relieved or relierablo nnder the Acts relating to
Parish Vestries, or under the Grand Juiy Act, or any other Act
for the relief of deserted children.

d by Google

Part I. 1.] Belie/in Workhauaes. 31

sehes by their own Industry or by other law- * * J^^"^-
fill Means : Provided always, that in any i«»« J''oo«
Case where there may not be sufficient Accom- jsjis. "'
modation for the Belief of all the Persons if tj^
applying for Relief whom the Guardians shall ^^Jjjjj.
deem to be destitute Poor, the Guardians uon be ioMf.
diall relieve such of the said Persons as may »p^4^.^
be resident in the Union before or in pre- JSJ^JJ^*
fetence to those who may not be so resident*, v^f^rnd.

42. And be it enacted, That the Com- ^,^^,^,
miasioners shall cause to be printed, for the Si^rutrj o?
Use of every Union, a sufficient Number of ^"^"'
Regkter 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 an-
nexed^; and in such Register Books shall be
printed upon each Side of every Leaf the
Heads of Information herein required to be
r^ist^red respecting the Persons so to be
admitted, and relieyed, together with such
other Particulars as the Commission's may
prescribe^; and every Page of each such Book
fthall be numbered progressively from the
Beginning to the End, banning with Num-
ber One ; and every Place of Entry lE^hall be

• The powers of the Goardiaiu in regard to the administration
flf rriief hare been much enlarged bj snbsequent Acts. The
iki Vic. c: 92, }§ 14 & 15, empowers them to send deetitate poor,
deaf and dumb, or blind children, to approved institutions, and
t» ^tcf for their maintenance there, and to send fever patients
frona the Workhouse to Fever Hospitals, and pay for their main-
taanee; and by the 35 & 26 Vic c. 88, § 7, this power is ex-
tsaded to all classes of cases requiring spjscial treatment, whether
■sdieal or sorgicaL The !• Vic. c. 31, 9 1, empowers them to
proTide outdoor reUef for certain classes, and requires them to
take order for relieving all other destitute persons in the Work-
hooae when there is room therein ; and In the event of there not
Wing room, the Commiasioners may authoriie outdoor relief in
Isad for a limited time. Under the 82 & 88 Vic. c. 25, orphan
sad deserted children may be placed out at nurse up to the age
often years.

^ Workhouse Register, Sdwdule, p. 93. And see Regulations
sad Forms prescribed by the Commissioners, for Workhouse
Bagister under this Act, and for Outdoor Belief Register under
!• Vie. c 31, S 11, in Accounts Order(PariIIL) The Workhouse
r is Form 6 in that Order.

Digitized by Google


I dr i Vrc.


Irish Poor

Rblivp Act,


Master of
tho Work-
bouM to
register the
Penoas ad-
mitted and

to be kept
of Expenses
inonrrcd in
respect of



to beeharged


or against
the union

Registry of Paupers Relieved, [Pakt I. 1.

also numbered progressively from the Begin-
ning to the End of the Book, beginning with |
Number One ; and every Entry shall be
divided from the folloveing Entry by a printed

43. And be it enacted, That the Com-
missioners 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 Mrst Schedule^ touching every Person
to be admitted into and relieved in such
Workhouse; and such Register Book shall

Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 4 of 90)