Ireland.

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

. (page 58 of 90)
Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 58 of 90)
Font size
QR-code for this ebook


him, except such as shall have been made or become due
within the six calendar months immediately preceding the
Nomination. If in any Electoral Division no person be pat in
Nomination, the Guardian or Guardians of such Electoral
Division will remain in office for the ensuing year, as if they
had been re-elected, provided they continue to be duly qualified.

8. If any person put in nomination for the office of Guar-
dian in any Electoral Division [or Ward or District of Electoral
Divisions, as the C€U6 may he\ shall tender to the Returning
Officer his refusal, in writing, to serve such office, the Election
of such person is to be no further proceeded with for such
Division [or Ward or District]; and such writing will be
received by me at the place above named.

9. If more than the above-mentioned number of Guardians
be duly nominated for any Electoral Division [or Ward or
District], I shall cause Voting Papers to be delivered on the
1 8th day of March, and if necessary on the following day, to
the address in the Electoral Division [or Ward or District] of
each Rate-payer and Proxy qualified to vote, which Voting
Papers will contain full instructions as to the mode of Voting;
and on the 20th day of March, and if necessary on the follow-
ing day, I shall cause such Voting Papers to be collected.

10. On the 20th day of March and foUowuig days, I aSiall
attend in the Board Room of the said Union, at the h^^nr of
Ten o*clock in the forenoon ; and I shall thereafter proceed to
ascertain the number of Votes given for each Candidate.

11. Every person entitled to vote, who shall not have re-
ceived a Voting Paper on either of the days appointed for
delivering the same, may, on application in person to the
Returning Officer, on the days appointed for the collection of
the Voting Papers, receive a Voting Paper and fill up the
same in the presence of the Returning Officer, and then and
there deliver the same to him. And if in any case a Votmg

Digitized by Google



Part HL 1.] Bl&^ion of Guofrdiam, 673

Paper duly issued shall not have been collected on the proper ELBcnoN
days through the default of anv of the persons employed by . ?"'*'^ia
the Returning Officer for the coUectioa of Voting Papers, the ^^'
Voter may in person deliver the Paper to the Returning Officer
on or before the 22nd day of March.

12. If any person knowingly and fraudulently, and widi the
intent of giving a greater number of Votes than he is by law
entitled to give, tender or forward to the Returning Officer a
false statement of the grounds on which he claims to vote or
to gh'e additional Votes; or forge, falsify, or knowingly or
fraadulently alter after signature, any Paper containing a
Statement of Claim to Vote, Proxy, Nomination, or Vote fcr
the Election of Guardians, or refusal to serve the Office of
Guardian ; or conspire to forge, falsify, or so alter any such
Paper; or knowingly tender or forward to the proper Officer
any suoh Paper, forged, falsified, or so altered as aforesaid ; or
TvUf ul>y suppress, carry off, destroy, or deface any Statement
of Claim to Vote, Proxy, or Nomination of a Candidate for the
< >ffice of Guardian, after the same has been duly signed ; or in
like manner suppress, carry off, destroy, or deface any Voting
Paper, after the same has been issued by the Returning Officer ;
the person so offending b liable to a penalty of Ten Pounds,
recoverable by distress and sale of the offender's goods, or to
Imprisonment for three months, on complaint and conviction
before two Justices of the Peace.



{Name ofRdwrmng Officer)



Retuming Officer for the Union.

February, 18



[Forms F 1 and 2.

Digitized by Google



674



General Order far Regulating the [Pakt IIL 1.



n5
§



1



I



J

.9



S* &

g o

1|

11

I :

a

O



ii



11




Digitized



by Google



Pabt HL 1.] Election of Guardians.



675



s



1

I



^



I



o _

i I

o o



«

o

s

^



II

1



t

fa

ll





I



^



a



^



M Of

C **



Digitized by V



676



GenercU Order for RegukfUng the P?abt IIL 1.



§

•a

t5



I



g>H



i|§|5



a

I








I 0A4J




I



II



-So



.2 3

li
-I



^00






3i



|1

u

M..a



3qo

If



d by Google



Pakt IIL 1.] JSlecUon of GntKrdkma.



677



^^ 8.2



K hhI



Record of Votes

lor each

Candidate.




-






















PI


each

Person

isen-

titled.(o)




Aggregate Amount
of the Net Anaual

with respect to which

each Rate-payer Is

entitled to vote

as Occupier.


Ti


«


«4


Places

in the Diyision

[or Ward]

at which

Voting Papers

arc to be left




1




1






Townland

or

Street




1








^ « S

If!

III
•So >»

w« Q


III

oil






Digitized by



yGoogI(






C78



General Order for BeguUUing the [Pabt III. 1.






s

I






i



^1^



5 , -
fl si






I

c

I

s

I

>
i



6



S



8






o



8

6



d by Google



Part III. 1.] Median o/Gucmlicma.



679



I.



M



•lis

1 &15



&^ I






I



I1



111






ill



1^



III!

till




•o 2^ fc%* S^ o t



I:



-I i1 I J




Digitized



by Google



680



General Order f&r JUgnJating the [Pabt ILL I.



o



1^
I



I



1^

3



II

Hi

m



.r



o

I






1!

il



I



o

I



ills



.«JS



-I






1^:



m

inn



■ JS5|"SS






1 =



lil




■H

O






,y Google



Pabt m 1.] Election qf Ovardiani.



681



3



^



111







O go




III



• s






^ I



1
I



^ 2 0,3

Digitized by LiOOgle



682



General Order for Regulating the [Part III. 1.





2 « S © fl



I



•3

I



I

i



o



CO



d by Google



Pabt III. 1.] Election of Gtuirdian3.



683



OQ



5



^






§ w

5"^ to

•5? J 2






!•'



i 243



j^5

SO ® tflja



P.'S'^



.1 a J S

e 1:0



d
o -d



J -^s s



'S-g






o c ^ .£ U
6'S






J



t!C«2.2
c -.2

I I



I



.11



S



5a
o

.g

60



^ 1



i An



a



•I 513



'la



s

o



66

K J H



kJ



O.I



c5
roo

if

flj rB



►1 o o







5 '

CO



a
O



^9



2

o <0 ^ —



o
** 2

5w



8 -B



Oi— 1

^ © o












c ►^QO



d by Google



684



Gmeral Order for JUgultOmg the [Part TTT. 1.



Biacnoif SCHEDULE

Okobr:

J Jan. 186S. ContavM/ng the Names of the Unions to which Me
foregoiaig Order appliea.



Abbeylelz

Antrim

Axdee

Armagh

Athlone

Athy

Bailieboroagh

Ballina

Ballinasloe

Ballinrobe

Balljcaatle

Ballymahon

Ballymena

Ballymoney

Ballyshaimoii

Ballyyaghan

Balrotheiy

BaltinglasB

Banbridge

Bandon

Bantry

BawnboY

Belfast

Belmullet

Borrisokane

Boyle

Gaherciyeen

Callan

Carlow

Carrickmacroas

Carrick-on-Shamioii

Carrick-on-Sair

Cashel

Gastlebar

Castleblayney

Caatlecomer

Castlederg

Castlerea

Castletown

Cayan

Celbridge

Claremorris

Clifdcn

Clogbeen

Clogher

Clonakilty

aoQQt



Clonmel

Coleraine

Cookstown

Cootehill

Cork

Corrofin

Groom

Delvin

Dingle

Donaghmore

Done^

Downpatrick

Drogheda

Dromore, West

Dnblin, North

Dublin, South

Dnndalk

Dunfanagfay

Dongannon

Dunganran

Dnnmanway

Dnnahimghltq

£denderry

Ennis

Enniscorthy

Enniskillen

Ennistymon

Fermoy

Galway

Glennamaddy

GlenUes

Glin

Gorey

Gort

Gortln

Granard

Inishowen

Irvinestown

Kantork

Kells

Kenmare

Kilkeel

Kilkenny

Killadysert

KiUala

Killamey

Kiknacthomaa



KOmaHock
KOiush



Lame

Letterkenny

Lfanerick

Lisbum

Lismore

Lisnaskea

Listowd

Londonderry

Longford

Lougfarea

Lorgan

Macroom

Magberafelt

Hallow

ManorfaamikoD

Midkton

MUford

Millstreet

Mitchelstown

MohiU

Monaghan

Mountbellew

Monntmdiok

Mnllingar

Kaas

Navan

Nenagh

Kewoistle

Newport

New Roes

Newry

Newtownards

NewtownlinuTidy

Oldcastle

Omagh

Ougfaterard

Parsonstown

Portnmna

Bathdown

Rathdrum

Rathkeale

Roscommon

Roscrea

Scaxiff



d by Google



pabt in. i.j


Election ofOuardiam,


ShiUelagh


ThonuLStoirn


TulU


SkibbereeD


Thurles


Tullamore


SkuU


Tipperary


Urlingford


Sligo


Tobercuny


Walerford


Strabane


Tralee


Westport


Steanorlar


Trim


Wexford


Strokestown


Tiiam


Yonghal


Swineford







685



Slvction

Orokr:

2 Jan. 1863.



Sealed with our Seal, this Second day of
January, in the Year of our Lord One
Thousand Eight Hundred and Sixty-
three.



(Signed,)
MAZIBRE BRADY, C.



A. POWER,

J. M'DONKELL.



We, the Lords Justioes, General Qovemors of
Ireland, do approve this Order.

By Command of the Lords Justices,

THOS. A. LARCOM.



[ClBOITLABS.

Digitized by Google



686 Circulars of Imtrfictions, [Part 111. 1-



CiRcuLABB. CIRCULARS OF INSTRUCTIONS RELATING TO THE
ELECTION OF GUARDLANS AND TO THE FORE-
GOING ORDER.



1863.



InstTiicUons INSTRUCTIONS tO ClERK of the UnION 88

to Clerk of . y-v «v»

Union aaRo- Returning Officer.

taming

le^janiurjr. Poor Law Commission Office^ Duhlifky

l^th January y 1863.
Sir,

1. It having been deemed necessary, in con-
sequence of the changes made in the law relating
to the election of Guardians, by the Act of last
Session, 25 «& 26 Yic, c. 83, to revise the General
Order relating to the election of Guardians, dated
26th January, 1852, the Commissioners for ad-
ministering the Laws for Relief of the Poor in
Ireland, now transmit to you a sealed copy of an
amended Greneral Order dated the 2nd instant,
regulating the conduct of future elections of
Guardians in the several unions in Ireland.

2. This Order rescinds the Order of the 26tli
January, 1852, as well as all previous Orders,
except such portions thereof as may have aj)-
pointed the Clerk for the time being to be the
Returning Officer, and may not have been re-
scinded by any subsequent Order; and except suofa
portions thereof as may have fixed the value of
the qualification for the office of Guardian, and
may not have been rescinded or altered by any
subsequent Order. Under Article 1 of the en-
closed Order, therefore, the Clerk for the time
being (except in cases where the Order appointing
the Clerk may have been rescinded) will continue
to be the Returning Officer, and the same Article,
it will bo seen, provides for the performance of

Digitized by Google



Pabt III. 1.] Circulars of Iiuiructions, 687

the duties of Returning Officer, in case of cmcuLARa.
vacancy in the office of Clerk, or in case of the imt^ont
Clerk being prevented by sickness or accident, or u^©" M**Re-
other sufficient cause, from the performance of his turning
duties, the Guardians being empowered, in either ?®hTanuar7
of those events, to appoint some person to perform i863-
such of the duties imposed by the Order upon the
Returning Officer as shall then remain to be per-
formed.

3. Under Articles 3, 12, 14, 22, and 34, of the
accompanying General Order, the Collectors of
poor rate in the union are to assist the Returning
Officer as heretofore in the election, at the times
and for the purposes therein indicated. These
Regulations impose no fresh duties on the Collec-
tors, but it will be proper for you to call the
attention of each of them to those Regulations
before the next election takes place.

4. The Police who may be employed as hereto-
fore, in posting the notices of the election and in
distributing and collecting voting papers, will
receive their instructions from their own superior
Officers ; but in case their services in any instance
^ould not be available in sufficient number for
the latter duty, the Returning Officer should take
care to furnish any other persons who may be
employed by him, in pursuance of Article 2 of the
General Order, for the distribution and collection
of the voting papers, with proper lists and in-
structions for their guidance, in accordance with
Articles 18, 19, 21, 23, 24, and 28, of the Order.

6. Where it has happened in previous elections
that the assistance of the police has not been
available, or has not been available to sufficient
extent, for the distribution and collection of voting
pi^rs within the prescribed period, the Commis-
sioners have in some instances received applica-
tions for their sanction to the employment of the
CoUectors of poor rates or their assistants, and of
Relieving Officers, in this service, where it may
be necessary to issue voting papers. It is desii-
able that, where practicable, this duty should be
performed by responsible officers; and as it will.

Digitized by Google



688 Circulars oj Inatructians, [Paet II J. 1.

cnwLAM. according to the r^^ations, occupy only two, or
inMraotkni at most fonr days, and will therefore not OMiae
UiS?llli*B«»- ^^y material intmi]4>tion of the ordinary duties
toraing of the Union Officers referred to, the Commifnioxi-
ifi^UiMMy, ^^ ^''^ prepared to sanction their being employed
1863. 'to assist in performing the duty in question, pro-
vided the Board of Guardians permit them to be
so employed, for which permission it will be yoor
duty, where necessary, to apply. If the aerrioes
of the police and Union Officers ahould not be
available or sufficient, you will have to employ
other trustworthy persons acquainted with thie
respective localities, as £bu* as practicable, in ao-
ooidance with the regulation contained in Article
2 of the General Order. But you will first take
care to ascertain whether you can obtain the
services of the police in sufficient number or not^
before you employ any other persons, and you
will only resort to the employment of the officers
of the imicm or other persons, in case you cannot
obtain the assistance of the police in sufficient
number.

6. Should some additional assistance be neces-
sary for enabling you, in case of contests, to prepen
the requisite lists of voters, and complete the pro-
ceedings in the election at the times prescribed by
the General Order, the Commissioners will be
prepared to sanction such assistance fiir so long
as may be absolutely requisite, on x^soeiviag a
communication from you, setting forth the circunk-
atanees whic/i render tJis applicaMan neeessartf, the
parHciUar purposes for which assistance is required,
and the extent of assistance required.

7. One of your first duties will be to iaeae the
notice of the election, which is to be posted on
the 25th February. The notice is to set forth
the names of the electoral divisions, the qualifica-
tion and number of Guardians to be elected for
each, with oth^ particulars prescribed in the
General Order. You should, in due time, before
the 25th Februaiy, give notice of applicatian to
the Constabulary for their assistance in posting
the notices, as heretofore; and you will after-
Digitized by Google.



Part III. 1.] Gvreukura of Imiruciums. H89

wards forward the copies of the notices to the Cmouuars.
proper Constabulary Stations. Due notice should laatniotions
likewise be given to the Constabulary when it uiSJi^'^Re-
becomes necessary to apply for their services in turning
the distribution and collection of voting papers, mwraour,
apprizing them of the probable extent of the duty ^^^•
to be performed.

8. The following are the days upon which the
several proceedings in the ensuing election are to
be taken, in pursuance of the Order : —

26th February — ^Issue of notice of election. (Art. 9.)
4th Blarch — Last day for receiving nomination papers,
which can be received np to 5 o'clock^ p.m., on that
day. (Art. IL)
9th March — List of candidates to be prepared and for-
warded. (Art 15.) — List of voters to be prepared in
case of contest

The last day for receiving statements of claim to
vote, and appointment of proxies (6 & 7 Via, c 92,
§ 24, and 25 & 26 Vic., c. 83, § 15)— so as to be
available in this election, will be the 20th February ;
and in case of contests, the lists of rate-payers makiiig
statements are to be made up to that day. (Art.
X8.)

12th March — ^Application to be made to CJonstabulary
for assistance in distributing voting papers, where
necessary, which should afterwards be transmitted to
them, with the list of voters, in due time for distribu-
tion, on the day prescribed for the purpose.

17th March — List of occupying tenants who are entitled to
vote, having paid rates required to be paid, is to be
made up to this day. (Art 22.)

18th March — Day for issuing voting papers, and following
days if needful. (Art. 21.)

20th March — Day for collecting voting papers, and follow-
ing day, if necessary. (Art 28.)

2l8t March — ^Time for applying for voting papers, where
not duly received by persons entitled, expires. (Art.

29, sa)

23rd March — ^Time for delivering to Returning Officer
voting papers that may not have been duly collected,
expires. (Art 81.)

25th March — Return of Guardians to be made (Art. 85) ;
or within 14 days thereof (Art. 36).

9. Previously to the commencement of the
dection, jou should procure the requisite supply
of the Forms prescribed for use in the election.
With regard to the notice of the election (Form
E) the Commiaaioners have thought it advisable

Digitized by Google



690 Circulars of Instructions. [Part lEL 1.

CffccuLAMs. to direct that the copies of that notice should be

inttntoUoni printed and transmitted to you from this office,

UTdirM^^Re- ^ usual, and the same number of copies as was

tnrniBg forwarded to you last year will accordingly be

i«tbjlinix»ry, transmitted to you in due time, for posting and

•^^^- distribution according to Article 9 of the G^eral

Order. If, however, you should be of opinion

that the number of copies printed last year was

greater or less than will be required for the present

year, you will be good enough to report the fcui

immediateli/y stating the number which you consider

necessary. In the absence of any communicar

tion from you before the 25th instant, the same

number as was furnished last year will be

provided.

10. With regard to the other Forms, steps
should be taken in due time to provide a sufficient
supply of those which may be required for carry-
ing on the election, as prescribed by the General
Order. The Forms can be procured from Mr.
Thom, of 87, Abbey-street, Dublin ; but should
you employ any other printer, it will be necessary
for you to compare the several Forms carefully
with those prescribed in the G^eneral Order, as
you will be responsible for their accuracy ; and it
is advisable that you should ascertain and compare
the prices at which they are procurable before you
order them.

11. A placard, containing a description of the
electoral divisions in the union as at present
constituted, to be posted in case of ccmtest, as
heretofore, should be prepared, and a sufficient
nimiber of copies thereof for posting obtained
when necessary, in like manner with the voting
papers.

12. The Forms (A 1, A 2, B 1 and 2, C 1, and
C 2 and 3,) for statements of claims to be entitled
to vote, and appointments of proxies, with their
applications, and the statements of corporations,
and joint-stock companies, are to be supplied, free
of charge (on application made to you), to any
persons, or corporations, or companies, respec-
tively, who may require them for their own

Digitized by Google '



Part HJ. 1.] Circulars of Instructions. 691

statements or applications. It would not be circulars.
expedient to make a more general distribution of iBrtmotioBM
these Forms. ^^1"^,

13. With regard to the r^istry of such state- turning
ments and appointments in the proper books lethJuiuan.
(Forms D 1, 2, 3, 4, 5), the Commissioners re- *®^-
quest the special attention of the Clerk and Betum-

ing Officer to Articles 4 and 5 of the General
Order, and to the duties assigned to those officers
in respect to the same, under the provisions of the
statutes and under Articles 6 and 8 of the Order.

14. The provisions of the Acts relating to such
statements and registers are contained in § 84 of
1 A 2 Vic, a 56, as amended by § 24 of 6 & 7 Via,
c. 92, and § 15 of the 25 & 26 Vic, c. 83, to which
your attention is requested, as well as to § 26 of
the 6 & 7 Vice. 92. The 15th sec. of the 25 and
26 Vic., c. 83, sets forth the particulars required
to be given in such statements, which must be
lodged one calendar month before the owner or
immediate lessor, or his proxy can vote as such ;
and the 84th sec. of the 1 & 2 Vic, c. 56, requires
that the Guardians, or the person acting as Re-
turning Officer should roister such stat^ents in
manner therein provided. K at any election the
Betuming Officer have reasonable cause to doubt
the oorrectnees of a claim to vote, made by any
person in respect of net rent, the Hetuming
Officer is required by the 26th sec of the 6 & 7
Vic, c 92, not to admit such person to vote until
he shall have produced evidence, to the satisfaction
of the Returning Officer, of the amount of such rent.

15. Inconvenience and irregularity, it is be-
lieved, have occurred in some instances from the
discovery, at the time of an election, of errors or
defects in the registry prescribed, irom. omission
of statements therein, or fi*om retaining on record
the statements of persons deceased, or from other
causes, where the original statements, owing to
changes of officers or other circumstances, are not
themselves forthcoming. The changes made by
the Act of last Session, in regard to the particulars
required to be furnished, will render the state-
Digitized by Google



692 Circulars of Instructians, [Part IH. 1.

cncuLAu. ments and registers then existing unayailable, and
inatnictknu the Commissioners request, therefore, that you -will
u^JS^**R«. ^^ ^^^ provide yourself with the new Forms of
turning register, and duly enter therein all the new state-
i6thJ»ouary, ments and appointments which you may have
1W3. received, or may receive, before the time of the

election, so that they may be perfected before the

approaching election takes place.

16. The Commissioners take this opportunity
to observe, that* although an owner or proxy is not
entitled to vote until one calendar month after he
shall have made the prescribed statement or ap*
|)ointm6nt, it is not necessary that he should make
or renew such statement, <fec., a month before each
election ; but they continue in force for five years
from the date on which they have been given,
provided the parties remain in possession of the
interests described therein ; and provided, in the
case of a proxy, that the appointment is not sooner
revoked, or the owner himself resumes the exer-
cise of his right to vote, or eithw of the partaes
dies.

17. Any such statements, &c., should be duly
preserved ; and in case there be reason to belie\*e
that any that may have been already lodged have
not been handed over to you by any previous
officer, or not regista:^, you should make in-
quiry of such officer, or otherwise endeavour to
obtain them, and forthwith see that they be re-
corded in the proper form of register book,
and that the directions in the above-mentioned
Articles of the Election Order be duly complied
with.

18. The Betuming Officer is not bound, under
Article 23 of the Election BiOgulations, to cause
any voting papers to be deliveiwl out of the
electoral division or ward for which it may be
necessary to issue voting papers ; and if the
places named for the reception of voting papers,
by the owners or proxies who have made state-
ments, be not in any case within the respective
divisions or wards in which the properties are
situate, you should immediately communioate

. Digitized by Google



Part III. 1.] Cvrctdara of InsUractwns, 693

"with Buoh parties, and request them to name a cxecularb.
piaoe within the division or ward, and point out inatra^ons
to them that otherwise they can only vote in maimer uiSmum Ro-
provided in Article 29 of the Election Hegulations; turning
and you should apprize the parties concerned as i6u^nu«ry,
sbbove of the substance of the regulation contained i^^-
in that Article.

19. A practice appears to have been adopted
by the Hetuming Officer in some instances, of
xnarking cm eadi of the voting papei's, in addition
to the wwmher directed by Article 19 of the Elec-
tion Kegulationfl, the ncvme of the person for whom
it is issued, or his name and address ; and in the
case of a proxy, the name of the proxy, as well as



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 58 of 90)