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to Ireland.^



» " One year*' haa since been substituted for " three years."
Sec 28 A 29 Vic. c. 79, § 8 (p. 602).

b This is now made one year by the 17th section of the 89 &
30 Vic. c 113, wliich enacts as follows:—" In clause three of the
statute twenty-fourth and twenty-fifth years of Her Majeflty,
chapter fifty- five, one year shall be suhstituted for three yean.**



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Pakt II. 9.] Bemovcds from England, 593

24 & 25 Vict. Cap. 76. 24 & 25 vic

0.76,

An Act to amend the Law relating to the Removal iJIJSval
of Poor Persons to Irdand, ame^v^kst

1861*.

[eth August, 1861.] —



Whekeas it is expedient that better means should
be provided for the safe conveyance to the place of
their destination in Ireland of poor persons who
may be removed in pursuance of the Act passed in
the eighth and ninth years of the reign of Her pre-
sent Majesty, chapter one hundred and seventeen :
Be it therefore enacted by the Queen's most Excel-
lent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Com-
mons, in this present Pai'liament assembled, and
by the authority of the same, —

1. No application for a warrant ordering the^*™'*'''
removal from any place in ETigJand to Ireland of be signed in
any poor person who shall have become chargeable ^^l ^^^
in such place shall be heard and determined except » Police
by two or more Justices in Petty Sessions assem- •«"^*'**
bled, or by a Stipendiary Magistrate, or Metro-
politan Police Magistrate sitting in his court, which
Justices or Magistrate (as the case may be) shall see

such poor person or the person who is the head of
the family proposed to be removed, and shall be
satisfied that every person who is proposed to be
removed by the warrant is in such a state of health
as not to be liable to suffer bodily or mental injury
by the removal.

2. Such warrant of removal shall be granted Wamn to
only on the application of the Relieving Officer or ntmc and
other officer of the Guardians of the union or*?^^^"?
parish where such poor person shall become charge- be removed,
able, and shall contain the name and reputed age pJ^^^^JJ,.
of every person ordered to be removed by virtue of

the same, and the name of the place in Ireland
where the Justices or Magistrates shall find such
person to have been bom or to have last resided
for the space of three years, and a statement of such

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594



Poor Removal Acts,



[Pabt n. 9.



24 dt 25 Vic

♦•. 76,

Pooh

Bkxoval

Act,

18GI.



Frorijo.



Copy of lb©
■warrant
to l>e sent
10 Guardiana
of ptaure to
■which the
Temoral is
to be made.



Warrant
shall ordor
poor persons
to bo i^n-
▼ejred to tbo
place men-
tioned in the
warrant.



examination having been made as to the state of
health of every person ordered to be removed as
aforesaid ; and such warrant shall be addressed to
the party applying for the same, and to ttie Guar-
dians of the union or parish to which such poor
person is to be removed, and a copy shall be given
by and at the cost of the person applying for such
warrant to the person or the head of the family
about to be removed by virtue of it :

Provided that in the case of any native of
Ireland who shall have been absent from Ireland
less than twelve months the pauper may, if the
Guardians applying for the warrant and the Jus-
tices or Magistrate issuing it think fit. be removed
to any place, other than that above described, with
his consent ; and provided also, that in any case
where the Justices or Magistrate shall not be able
to ascertain upon the evidence before them the
place of birth, or of such continued residence as
aforesaid, they shall order the pauper to be removed
to the port in Ireland which shall in the judgment
of such Justices under the circumstances of the
case be most convenient.

3. The Guardians obtaining the warrant shall
send a copy of it, by post, to the Clerk of the
Board of Guardians of the union in Ireland to
which such poor person shall be ordered to be
i-emoved, and also a copy of the depositions taken
in the case, if the same shall, at«any time within
three months from the date of the warrant, be
required by any such Board of Guardians.

4. Such warrant shall order the removal of the
poor person to be made to the place mentioned
therein as aforesaid, and shall order the persons
charged with the execution thereof to cause such
poor person, with his family (if any), to be safely
conveyed to such place in Ireland, to be delivered
at the workhouse of the union containing the port
of or nearest to the place of the pauper's idtimate
destination*.



A So much of this clause as authorizes the conTeyanee of any
poor person to any other place than that mentioned in tha
Marraut of removal, is repealed by 26 & 27 Via c 89, § I (p. •»«).



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Tart II, 9.] ReinovaU from England. 595

5. If such union be not such place of ultimate ^^ * 2[i Vic.
<lestination, the Guardians thereof may, if they pooA
think fit, cause the pauper to be removed forthwith j^|jJ^,J^
"to the place mentioned in the warrant, and shall act,
be entitled to be reimbursed the costs incurred in 1^'
such remoyal by the Guardians in Englaind on The Ouar-
-whose application the warrant was obtained, such poo/oftbo'
costs being the actual expense incurred iji and ^^f° »* '^'**

V , ., ° . K , aT 1 port may

about the conveyance and maintenance of each forward tho
person so removed, according to the certificate oi^^^J^^^
the Poor Law Commissioners of IreUmd, which destinaUon.
costs may, if not paid on demand, be recovered by tJo cmu *'
an action in any County Court having jurisdiction ^^^^
in the union or parish in England from which the Guardians
i-emoval shall have taken place, at the suit of the ^"^ e°8'*°<*-
Cruardians of such union in Ireland \

6. It shall be unlawful to remove any woman Yu?*^ *^*^
or any child under the age of fom-teen as a deck not to bo
passenger in any vessel from England to Scotland JJ^"^^
or Ireland^ diuing the period from the first of passengers
October to the thirty-first of March following, ^V;;'"?.^^
and no regulation of Justices authorizing such a
removal shall be henceforth l^al.



26 & 27 Vict. Cap. 89. 26 & 27 vic.

0.89,

An Act for the further Amendment of the Law rTiSSval
relating to the Removal of Poor Persons, Natives ambndmb.vt

Act

of Ireland, from England, iseaL



[2%th July, 1863.]



Whereas it is expedient that the law for the
i-emoval of poor persons, natives of Irekmd, from
Engkmd, should be amended: Be it thei-efore
enacted by the Queen^s most Excellent Majesty,
by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in thid

* The proTisioiis of this section appear to have been snpeneded,
or to have become practically inoperative, by the repeal of that
part of § 4 which authorizes the conveyance of the person
removed to any other place than that namod in the warrant. ,

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596 Poor Removed Acts. [Pabt II. 9.

*^ * %o^^^' present Parliament assembled, and by the authority

' — ^' of the same, as follows : '

So much of 1 . That so much of the fourth clause of the Act
\hc!c.it,M o^ ^e twenty-fourth and twenty-fifth years of the
authorirea reigu of Her Majesty, chapter seventy-six, as

conveyances, zi • j.\. •'*''/ j.

other than authonzcs the conveyance of any poor person to
rciSiS'"' ^^y other place than that mentioned in the
warrant of removal, shall, at the expiration of one
month from the date hereof, be repealed.
5 3 of 2. Section three of the Act of the eighth and

c *i?7yix. ninth years of Her Majesty, chapter one hundred
i*^"f^V° and seventeen, shall be deemed to have applied

and to apply to Ireland as well as to England.
5 4 of the 3. Section four of the same Act is hereby

"^tit?.' repealed.

Penalty im- 4. Any pcrsou being employed in the execution
wUf^X" ^^ ^ warrant, duly issued under the authority of the
sertion of Said Acts OF either of them, who shall wilfully
the j^^ey. ^^^^'^ ^^J persou mentioned therein before he or
she shall have been conveyed to the place of desti-
nation, shall be guilty of a misdemeanor, and
upon conviction thereof shall be liable to a fine
not exceeding ten pounds, and, in default of pay-
ment, to imprisonment for a term not exceeding
three months.
Penmity for 5, Any person guilty of violating the provision
5 6 of °* contained in the sixth section of the Act of twenty-
0^7*^^ ^*° fourth and twenty-fifth Victoria^ chapter seventy-
six', shall be liable to a penalty not exceeding five
pounds, to be recovered on a summary conviction
before two Justices or a Police or Stipendiary
Magistrate, and the offence shall be deemed to have
» been committed at the port where the poor person

shall be landed.
Ncw^forms 6. Instead of the forms set forth in the schedule
BupiJied. (C) annexed to the said Act of the eighth and
ninth Victoria, chapter one hundred and seventeen,
the forms contained in the schedule hereunto €ui-
nexed *», or to the like effect, shall be sufficient in
regard to poor persons removed to Irela/nd, with
such changes in the names and descriptions of

* Prohibiting the remoTal of women and children aa deck
passengers during winter. (See p. 595.)
*► Page 599.

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Part II. 9.] liemovals from England, 597

persons and places as the circumstances of the sc & 27 Vic.
ca^ may render necessary ; and except where this poor
Act makes any alteration it shall be deemed to be J^°gg^
incorporated with Acts herein referred to. amendment

7. If the Board of Guardians of any union in fgeal
Ireland think themselves aggrieved by the removal . —
of any poor person, and if they forward to the ©fpreUmT
Poor Law Commissioners for Ireland a statement "'jr inquiry
of the grounds for concluding that such poor
person is legally settled in any parish or township
in ETiglawI^ or was not in law liable to be re-
moved to Ireland^ and if such Board of Guardians,
or any person on their behalf, shall agree to pay
all costs which may be incuiTed in any necessary
preliminary inquiry and in the appeal against the
warrant for the removal of such poor person, such
Commissioners, if satisfied that it will be expe-
dient to do so, may appoint some person to make
a preliminary inquiry into the circumstances
attending such removal, and after such inquiry
may, if they think fit, appeal on behalf of the
Guardians so aggrieved to the Court of Quarter
Sessions held for the county or borough within
which the parish or township from which such
removal was made is situate, at any time within
six months after such removal was completed ;
and such Commissioners shall, at least twenty-one
days before the holding of such Sessions, send by
post to the Guardians or Overseers on whose appli-
cation such warrant was obtained notice in writing
purporting to be signed by their Secretary or
Chief Clerk of their intention to appeal against
such warrant, containing a statement in writing ^ <

of the grounds of such appeal, and such Court of
Quarter Sessions shall hear and determine such
appet^ ; and if the warrant of removal be reversed
or declared illegal by such Court, the Guardians
or Overseers on whose application the same was
obtained shall pay the costs and expenses incurred
by or on account of such Board of Guardians, both
for the preliminary inquiry and the appeal, and
for the maintenance of such poor person, and for
conveying such person back to the parish or

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598 Poor Removal Acts, [Pi^T IL 9.

26 & 27 ^''^ township in E7tgland from which the removal was

Poor made ; and if such Guardians or Overseers

FuRTHKR i^^gloct or refuse to pay such costs and expenses

amkwdmknt within seven days after demand thereof, the
^^; Guardians on whose behalf such appeal was made,
— ^or any person authorized by them, may recover
the same as a debt in a Court of Law in England:
Provided always, that the said Guardians or
Overseers may, at any time after such notice of
appeal, send by post notice in writing under the
hands of any two or more of them to the said
Commissioners that they abandon such warrant,
and thereupon such warrant shall be of no effect ;
and such Guardians or Overseers shall pay to the
Guardians on whose behalf such notice of appeal
was given, or to some person authorized by tiiem,
the expenses incurred by them or on their account
by reason of such warrant, and of the preliminary
inquiry, and of any proceedings consequent
thereon, and the actual expenses and charges of
maintaining such poor person, and of conveying
such poor person back to such pansh or township,
and if they do not pay the same within seven days
after demand the same may be recovered as a
debt in a Court of Law in England: Provided
also, that if on the hearing of the appeal judgment
shall be given against the appellants, the respond-
ents sh^ be entitled to recover the costs which
they have incurred in and about the appeal from
such appellants.



[Schedules.

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Part H. 9.] Removals fr<ym England.



59^



Schedules.



FoKH of Warrant where the Bemoval is to be made to the
Place of Birth or Residence.

To the Gnardians of the Poor of the* anion

[or parish], in the count of
To the Guardians of the Poor of theb union,

in the count of , in Ireland.

'At a Pettj Session of Her Majesty's Justices of
County* the Peace for the county* of ,

holden in and for the division of . , in the

of J said county* at , on the

day of , in the year of our Lord one

thousand eight hundred and , before us,

(to irit). the undersigned, Her Majesty*s Justices of the

Peace for the said county'.

Whereas complaint is now made by the Guardians of the
Poor of the union [or parish], in the count of ,

thaf^ hath become and is now chargeable to the

parish* [of *in the said union*] :

And whereas the said^ having been brought before

OB, and application having been made to us, in Petty Sessions
assembled, by' , the [« Relieving] Officer of the said

Guardians, on their behalf: We have made due examination,
on oath, and find that the Haid<^ is of the reputed age

of years, and was bom in Ireland, [*and hist resided for

the space of three years] in the parish of , in the county

of , now contained in the said union of^ , and

hath not a settlement in England, and is not otherwise exempt
from removal from the said* union [or parish], [♦and

that he hath a wife, named , of the reputed age of

years, and^ child named , of the reputed age



26&27 Vir.
0.89.
Poor

RKMOVAf,

Fdrthkr "
aubnombnt
Act,
1863.



» Insert name of the union or parish in England.
>> Insert name of the union in Ireland.
« Riding, or division, or city, or borough.
^ Name of pauper.

* Or township.

' Insert name of applicant

* If the applicant be not a Relieving Officer, erase '* Relieving.'*
^ If more than one, insert the number.

* Erase this passage when it is inapplicable.

NoTB. — A cop7 of this warrant is to be given to the person, if
only one, or to the head of the family, if there be several
persons, about to be removed by virtue of it ; and a copy is
to be sent by post forthwith to the Clerk of the Board of
Gnardians of the union in Ireland to which the poor person
is ordered to be removed.



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600 Poor Removal AcU, [Part II. 9.

36 5c 27 Vic. of , which child * not exempt from removal from the

Poor ^^^^ nnion [or parish] ] :

Removal ^^^ ^® ^^^^ ^^^ ^^^ ^^^^ [*aiid his said wife and

FiiRTHBR child ], and ara satisfied that the said** [*and bis

Ambndmbnt -w^ife and child ]» in such a state of health as not to be

^^' liable to suffer bodily or mental injury by the removal.

These are, therefore, to require you, the Guardians of tbe

Poor of the union \or parish], to cause the said*

[with his family,] to be safely conveyed to the said union
of** , and to be delivered at the workhouse of such union.

Given under our hands and) — r- (L.S.)

seals, at the Sessions >• fL.S.)

aforesaict ) (L.S.)

MSMORANDUBf.

Where the warrant is issued by a Police Magistrate, this Form
must be modified accordingly.



II.

Form of Warrant when the Removal is to be made to some

Place other than that of the Birth or Residence.

To the Guardians of the Poor of the<> union

\pT parish], in the count of
To the Guardians of the Poor of the*' union,

in the count of , in Ireland.

^At a Petty Session of Her Majesty's Justices of

Coimt}** the Peace for the county* of ,

holden in and for the division of , in the

of J said county* , at , on the day

I of , in the year of our Lord one thousand

eight hundred and , before us, the

(to wit). undersigned. Her Majesty's Justices of the Peace

(^ for the said county*

Whereas complaint is now made by the Guardians of the
poor of the union \^ct parish], in the count of ,

* Insert "is" or "are.'»
*> Name of pauper.

* Insert the name of the union in Ireland.
<* Insert name of the union in England.

* Riding, or division, or city, or borough.

* Where the head of the family is a woman, or a man without
family, this passage must be modified accordingly.

Note. — A copy of this warrant is to be given to the person. If
only one, or to the head of the fkmily, if there be several
persons, about to be removed by virtue of it ; and a copy is
to be sent by post forthwith to the Clerk of the Board of
Guardians of the union in Ireland to which the poor person
is ordered to be removed.



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l^ART ll. 9.] l^emovah from England, 601

that* hath become and is now chargeable to the M & ^^^^

|Miri«h»» [of , in the said union] : ^^^

And whereas the said* having been brought before rbmotal

Us, and application having been made to ns, in Petty Sessions FuRTHm
assembled, by« the ["Relieving] Officer of the said AMroDMawr

Guardians, on their behalf: We have made due examination, j^

on oath, and find that the said* is of the reputed age '

of years, and was bom in Ireland, 'but we are not able,

upon the evidence before us, to ascertain the place in that
country of h birth, or that he hath resided for the space
of three years in any place therein,* and we find that

he hath not a settlement in England, and is not otherwise
exempt from removal from the said ^ union [or parish],
{^anA that he hath a wife named - , of the reputed age

if yei^rs, and' child named , of the reputed

age of , which child ' not exempt from removal

from the said union \or parish] ] :

And we have seen the said* [t and his said wife and

child ], and are satisfied that the said* [t and his

wife and child ]' in such a state of health as not to be
liable to suffer bodily or mental injury by the removal.

These are, therefore, to require you, the Guardians of the
Poor of the union [or parish], to cause the said*

[with his famfly] to be safely conveyed to the port of ,

in said union of , and to be delivered at the workhouse

of the said union, twhich port is, in our judgment, under the
drcumstances of the case, most convenient

Given under our hands and ^ ( L.S.)

seals, at the Sessions > (L.S.)

aforesaid, ) (L.S.)

Memorandum.

Where the warrant is issued by a Police Magistrate, this Form

must be modified accordingly.



» Name of pauper,
k Or township.

* Insert name of applicant

' If the applicant be not a Relieving Oflloer, erase '* Relieving.*'

* If more than one, insert the number.
' Insert *•!•" or "are.**

* Where the pauper hath not resided twelve months in Ireland,
erase the following words, and add, "to which port, we, with the
consent of the Guardians of the said union of think it fit
that the said should be sent**

* Or erase the passage between asterisks, and add, ** and has
not been absent therefrom more than twelve months.**

t Where the head of the family is a woman, or a man without
* fisBily, this passage must be modified accordingly.



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2D



602 Poor Removal Acts, [Part IL 9.

28 & 29 YiCT. Cap. 79.

M&29 Vic.

^^^^^ An Act)- to provide for the better Distribution of
cmargb. the Charge for the Relief of the Poor in Unions.

ABILITY *^

ACT. [29^ June, 1865.]



ExTRAcrrs, comprising those sections which relate to
Poor Removals,

[The remaining portions of the Act relate ex-
clusively to Englatid,]

§ 7. Any pauper removed under an order of
removal, obtained by the Guardians of any such
union, returning to and becoming chargeable to
such last-mentioned union again, within the period
of twelve months from such removal, without the
consent of the Guardians thereof, shall be deemed
to be an idle and disorderly person within the
meaning of the statute fifth George the Fourth,
chapter eighty-three, and be liable to be convicted
and punished as such.

8. From and after the twenty-fifth day of
March, one thousand eight hundred and sixty-six,
the period of one year dball be substituted for that
of three years, specified in the first section of
the statute twenty-fourth and twenty-fifth of
Victoria, chapter fifty-five*.



REMOVALS FROM SCOTLAND TO IRELAND.



8 & 9 Vic 8 & 9 YlCT. CaP. 83.

Poor Law An Act for the Amendment and better Adminis-
^"aS^"" tration of the Laws relating to the Relief of the
*wiLAND, Poor in Scotland,

[4^t Avgiist, 1845.]



Extracts, relating to Settlement and EemowgL

b^SdJJL §?^- And be it enacted, That from and after the
for fire passing of this Act no person shall be held to have
acquired a settlement in any parish or combina-
tion by residence therein unless such person shall



yoan.



» Page 682.

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Pabt II. 9.] R&imyoaU from Scotland, 603^^

have resided for five years continuously in such ® ^ ^ Vic.
parish or combination, and shall have maintained poor Law
himself without having recourse to common beg- -^"^J^^jt
ging, either by himself or his family, and without Scotland,
having received or applied for parochial relief; and ^'
no person who shall have acquired a settlement by
residence in any parish or combination shall be
held to have retained such settlement if during
any subsequent period of five years he shall not
have resided in such parish or combination con-
tinuously for at least one year : Provided always,
that nothing herein contaiued shall be held to
ajQfect those persons who, previous to the passing
of this Act, shall have acquired a settlement by
virtue of a residence of three years, and shall have
become proper objects of parochial reUef.

77. And be it enacted. That if any poor person lUmoTai of
bom in England^ Irelcmd, or the Isle of Man^ and \r^^^^
not having acquired a settlement in any parish P«n-
or combioation in ScoUcmd, shall be in the
course of receiving parochial relief in any
parish or combination in Scotland, then and
in such case it shall be lawful for the Sheriff or
any two Justices of the Peace of the county in
which such parish or any portion thereof is situate,
and they are hereby authorized and required, upon
complaint made by the Inspector oi the Poor, or
other officer appointed by the Parochial Board
of such parish or combination, that such poor
person has become chargeable to such parish or
combination by himself or his family, to cause such
person to be brought before them, and to examine
such person or any witness, on oath, touching the
place of the birth or last legal settlement of such
person, and to take such other evidence or other
measures as may by them be deemed necessary for
asc^-tainiDg whether he has gained any settlement
in Scotland; and if it shidl be found by such
Sheriff or Justices that the person so brought
before them was bom either in England or /re-
land or the lele of Man, and has not gained any
settlement in Scotland, and has actually become
chai^eable to the complaining parish or oombina-

2d2

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604



Pow Renwval Acts. [Pabt II. 9.



* *8.^M *'^* ^^^^ ^y himself or his family, then such SheiifT or
Poor Law Justices shall and they are hereby empowered, by
^*^^^^ an order of removal under their hands, which
scoTiMND, order may be drawn up in the form of the sdie-
dule (A) hereunto annexed, to cause such poor
person, his wife, and such of his children as may
not have gained a settlement in Scotland, to be
removed by sea or land, by and at the expense
of the complaining parish, to England or Irelantl
or the Isle of Man respectively, according as such
poor person shall belong to England, Ireland, or



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