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that of the person for whom he is proxy. The
Commissicmers think it right to point out, that
ike Betuming Officer is not required by the
regulations to indorse the name of any party on
the voting paper, and the practice has been found
in some instances to lead to error. It seems
advisable, therefore, that the Eetuming Officer
should not, in this respect, do more than he is
required to do by the 19th Article of the Election
Order, ? viz. ; — ^to prepare lists containing the
niunber of eadi paper, and the name of the place
at which it is to be left, and to indorse each paper
with its proper number ccnresponding to that in
the list.

20. The Ketuming Officer should take care to
make himself well acquainted with the r^ilations
contained in the Oeneral Order before the election
commeiioes. With a view to general convenience
and economy, the busiitLess of the election is to be
transacted, as far as possible, at the Board-room
ef the Chiardians, and within the ho\irs of ten and
five o-clock in the day. The Returning Officer is
to attend daily (except on Sundays,) at the place
appointed, £rom the date for the issue of the notice,
to the last day for receiving nomination papers,
indLusive, to afford information to pers<m8 requir-
ing it; and likewise during the period from the
i&«t 6xf iior the odlection of voting papers, until
^ escaminatiim of the votes and the return of

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694 Ci/rcvlars of Instruetions, [Pakt ITL 1.

ciactLAM. the Guardians elected shall have been oompletod
inntraetioni (see Artides 29, 30, 31, 34, 35, and 36); and also
UiS!rL*'Re. ** ^^ ^^ other times during the progress of the
taming election, as may be necessary for the due perform-
{e^'ainuiry, ^^^ of ^^ dutics, as directed in Article 32. In
1868. reference to the examination and casting up of

the votes (Article 34,) the Commissioners are not
prepared to deprive the Hetnming Officer of a
discretion in regard to the admission or exdusion
of strangers, inasmuch as the exerdse of such a
discretion may, on some occasions, be neceesaiy to
the proper discharge of his duty; but on the oUier
hand the Commissioners think that if the Return-
ing Officer excludes from the examination of the
voting papers for a particular electoral division
either the candidates for that' electoral divisum or
those who proposed them, he should be prepared
to show some urgent reason for a step which,
generally speaking, would seem to be unnecessary
and unreasonable ; but the Commissioners do not
think it desirable that the privilege of being pre-
sent during the examination of the votes ^ould
be extended to rate-payers generally.

21. Your special attention is requested %> your
duties as Clerk of the Union under the r^ulations
contained in Articles 37 k 38 of the C^eral
Order. Under the former of those Articles you
are, immediately on the return of the new Section
of Guardians being completed, to transmit to each
member of the Board of Otutrdicms for tJie previous
year, including ex-officio Guardians and out-going
Guardians, as weU as any who may be re-elected,
a notice in the Form L, ^prizing them of the
names of the several Guaindians elected for the
ensuing year. The object of this regulation beiog
chiefly to obviate the inconvenienoe of any Guar-
dian attending at any meeting of the Board after
his year of office has expir^ you should take
care that this notice is transmitted without any
delay, on the completion of the return. Under
Article 38, you are likewise to transmit to every
Guardian elected for ike ensumg year, wbethear pre-
viously a Guardian or not, a notice in the Form

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Part m. 1.] Circulars 0/ Instrttetiona. 695

marked M in the General Order, and to every circvlars.
Guardian who may continue in office, under the inttmotiona
24th section of the 25 and 26 Vic, c. 83, in conse- u„Sn m**L-
quence of no nomination having been made for tnrning
the electoral division, a notice, in the Form marked ?6S*jaiiuar.T,
N in that Order. Under the 20th section of the '^ea.
Irish Poor Relief Act, 1 & 2 Vic, c 56, the
annual election of the Guardians is to be completed
on the 25th March, or if that day should fall on
Sunday or €k>od Friday, then on the day next
following, or within fourteen days next afber such
25th day of March; and the section further
declares that '* immediately upon their election,
the Guardians previously elected by the Bate-
payers of any union shall go out of office." You
should therefore issue the notices L, M, and K,
according to the r^ulations, immediately on the
i-etum being made, so that l^e first meeting there-
riber may consist of the members of the new
Board, in accordance with the Act. The issue of
these notices is not to be delayed until a meeting
of the Board of Guardians shall have been held,
but a certified copy of the return is to be laid before
the Board at the first meeting after such return is
made. The Commissioners take this opportunity
of again calling your attention to the several
changes which have been made in the law relating
to the election of Guardians by the J^ct 25 <fe 26
Vic, 0. 83. Those changes are described in the
Commissioners' Circular Letter of the 1 1th Octo-
ber last, a copy of which is enclosed.

22. Immediately on the close of the election,
an account of the expenses of the same is to be
transmitted to the Commissioners, for examination
and sanction, in a Form which will be forwarded
to you for the purpose.

By order of the CommissioneTS,

B. Banks, Chief Clerk.

The Clerk of the Uniony

Returning Ojfflcer of the said Union,

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696 Circulars of Instructums, [Part UL 1.

cimcuLAms. CIRCULAR lelatiiig to the changes in the law in.
Changes iD regard to the election of Guardians made by
ua^Z^ the Act 25 & 26 Via, c 83— referred to in
Eiootion preoedinir Circnlar.

Poor Law Commission Office^ DubUn^
nth October, 1862.

The Commifisioners for adnunistering the
Laws for Belief of the Poor in Ireland desire to
draw 7<mr attention to those proTisions of the
recent Poor Law Amendment Act (25 and 26 Vic.,
c 83), which relate to the election of Guardians and
to the qualification for the o&oe of Guardian : —

Section 15 requires that the statements to be
given by persons claiming to vote in respect of
property not in their actual occupation, or to give
additional votes in respect of beneficial int^est
in respect of property occupied by them, shall
contain more precise and d^nite information
regarding the property than has hitherto been
required. The statement must comprise the
following particulars : —

1. The name and address of the Rate-payer.

2. The description and local situation of the property,
specifying — ^in cities, towns, and their suburbs, havini;
streets and other roadways — the name of the street
or roadway, and the number of the house or tene-
ment, if any, and the parish in which the property
is ntuate; and, in other places, the bacmty, parish,
and townland.

3. The nature of the Rate-payer's interest in the property.

4. Its net annual value over and above aU rents payable
by him.

5. The amount of rent payable to* him.

6. The names of the tenants or occupiers by whom poor
rates have been deducted from such rent

Every claim to vote, whether by the Kate-payer
or his proxy, must be executed in the presence of
a Justice of the Peace.

The Commissioners have caused the existing
forms of claim to be revised in accordance with
these provisions ; and they enclose copies of the
revised Foims (A 1, A 2, and B 1 and 2), for your

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Pakt III. 1.] Circulars of Instructions. 697

information. The CommiHsioners liave to obeerve, c»ccla«s.
however, that the use of these forms is not com- changes in
pulsory npon the parties making statements, and }]J'j*il\J JJ'^
that any form which contains all the particulars meotion of
required by the Act of Parliament w^ be suffi- ^*'**'***^

By the 16th section of the Act it is provided
that no claim to vote either in person or by proxy
shall continue in force beyond the period of five
years from t&e date on which the statement has
been given ; and further, that no person shall be
entitled to vote as proxy for more than twenty
owners in any one electoral division or ward,
imless he be a steward, bailiff, land agent, or col-
lector of rents for the owners of property for
whom he may be appointed to vote.

The 17th section enables owners or immediate
lessors of property, who are rated under the 1st
and 4th sections of the 6th and 7th Via, a 92,
the 63rd section of the 12th & 13th Vic, c. 91

S which relates only to the city of Dublin), and the
10th section of the 12th and 13th Vic, c. 104, to
vote in person or by proxy " in the same manner
as occupiers paying no rent, or paying rent less
than the net annual value of l^e rateable property,"
provided that every such owner, or immediate
lessor, or his proxy, shall have lodged a statement,
in the manner provided, with reference to persons
claiming to vote in respect of property not in their
actual occupation.

It appears to the Commissioners that it will be
the most convenient course to keep claims to vote
under this section distinct from other claims to
vote ; and they have accordingly prepared
separate Forms (C 1 and C 1 and 2) applicable to
this class of cases, copies of which are herewith

Section 18 provides that no person shall be
entitled to vote in respect of rent received, for
any greater amount of rent than the annual value
of tibe property out of which the claim arises,
according to the valuation in force for the time
being. It will be necessary, therefore, for the

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698 Cvrcndarrs of Instrujctums. [Pabt IIL 1.

CaoDLAM. Returning Officer, in all caaes of this kind, io
ChADf M in refer to the valuation on which the last rate made
^Ti ^*r T before the election is based : and, if he finds that

Uting to the , i.». i

Election of the rent exceeds the valuation, to arrange the
avardiuB. ^^ujiber of votes according to the valuation.

The 19th section extends the disqualification on
account of non-payment (A rates made six months
or more before the time of voting — ^which had
previously existed in regard to ^* occupiers paying
rent'' — to all occupiers, and to owneili and imme-
diate lessors rated instead <^ the occupiers, or in
respect of rent received for {»x)perty exemj^ finom
rating as being used fos public or charitable

The 20th section requires that when one persoiB
is elected for two or more electoral divisionB,
electoral districts, or wards, he shall notify to the
Bettiming Officer which of such divisicms, dis-
tricts, or wards he will act for, which notification
is to be transmitted to the Commissioners by
the Betuming Officer, and the Commissioners
are thereupon to provide for a new election
in the other of such divisi<Mis, districts, (x wards.

The 2 1st section prohibits any member of a
Board of Guardians from acting professionally as
a solicitor, either for or against the Board of Guar-
dians, under a penalty of £100, with full costs of

The 22nd section disqualifies paid offices
engaged iu the administration of relief to the poor,
or under the Medical Charities Act, and persons
who, having been such paid officers, shall have
been dismissed from such office within ^Ye years
previously, and all persons receiving any fixed
salary or emolument from the poor rates, from
serving as Guardian.

By the 24th section it is provided that when no
nomination of a Guardian shall have been made
for any electoral division, the Guardian or Guar-
dians for such electoral division shall remain in
office for the ensuing year.

The 25th section applies to cases where eleo-
toiul divisions are divided into wards, in which

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Pakt III. 1.] Circulara of Instructions, 699

cases the number of votes that could be given by cibculab«.
a ratepayer in all the wards, if he had property changes in
in all, was formerly limited to the number of j^^^^^"^^^
votes which he would have been entitled to in the Election of
electoral division if it had not been divided into ®***"^^*-
wards; l^ this section, however, it is provided
that ratepayers in wards shall be entitled to vote
in such wards on the same scale as if they were
electoral divisions.

It will probably become necessary, in conse-
quence of the changes in the law above described,
to make some alteration in the existing election
regulations,* and the. Commissioners have that
subject under considemtion with a view to issuing
the necessary Order before the time for the next
annual election arrives ; meantime, however, as
tjiey have reason to believe that inquiries are
being made upon the subject, especially with
reference to the new form of statement of claim,
the Commissioners have thought it right to trans-
mit the enclosed forms for your information, and
to point out the various changes in the law re-
gaixling the election of Guardians, which have
been made by the Poor Law Amendment Act of
last Session.

By Order of the Commissioners,

B. Banks, Chief Clerk,

To each Retfu/ming Officer.

CiRCULAB relating to Particulars to be inserted m PaTtiooiars

^ tobe inserted

Statements of Claim to Vote. instat-menti

of Claim to

Poor Law Commission Office, Bvhlin,
Zrd Novemher, 1862.

Adverting to the Circular Letter of the 11th
instant, and to the forms of claim to vote which •

» The election reipilfttions jgiyen in this worlc are the regula-
tions aa altered. r


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700 Circulars of Instnictiani. [Pabt IIL I.

cncuLARs. acoompaiiied it, the Commissioners for administer-
Partieaian ing the Laws for Relief of the Poor in Ireland

SsutemoSS ^^^^'^ ^ s***® *^^* it ^^ ^^^^^ suggested to them
of cuim to that some misapprehension may possibly arise in
^*^- r^ard to the Forms (CI and C 2 & 3) for claims

to vote in respect of property for which the parties
claiming are rated as owners or immediate lessors^
from the circumstance that columns have been
introduced in those forms to show the amonnt of
rent receivable, and the annual amoimt of net
rent, in respect of the property for which the claim
is made, those particulars having no bearing upon
the number of votes to be allowed, which must be
regulated exclusively with reference to the net
annual value, according to the valuation in the
rate-book, and the rent payable.

The Commissioners think it right, therefore, to
state that the columns referred to were inserted
for the purpose of enabling the party claiming to
show, as he is required to do by the 15th section
of the 25th <k 26th Vic, c. 83, the net annual
value of his interest in the property, over and
above all rents payable by him, and that in
determining the number of votes to be allowed
in respect of any such claim, the Betuming'
Officer need not refer to those columns at all,
but must be guided by the valuation and the rent

The Commissioners take this opportunity of
stating that several inquiries have been made
whether claims lodged before the passing of the
Act, 25 <fe 26 Vic., c. 83, continue in force, and
that they are clearly of opinion that such claims,
unless iiiey contain the particulars required by
the 15th section of the Act, and are executed in
the manner required by that section, cannot bo
acted on in future elections.

By Order of the Commissioners,

B. Banks, Chief Clerk

To the Resuming Officer qfeach UtUatk

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Paet m. 1.] Circulars qf Inatructiona. 701

Bemuneration of Returning Officer for his Ser- cmcolais.
vices in the Election of Guardians : — Oircidar BmniuMr*-


to Boards of Guardians concerned. Betnniag


Poor Law Commisnon Office^ DvlKrif
lOth FebnuxTf/, 1852.


1. The Commissioners for administering the
Laws for Belief of the Poor in Ireland, having
issued a General Order for regulating future
elections of Guardians in the unions in Ireland,
have had under consideration the form of account •
of expenses of the same, and the mode of remuner-
ating the Returning Officer for his services in the
conduct of such elections.

2. In some unions, the Returning Officer's
remuneration has been included in, and paid at
the same periods with his salary as Clerk of the
Union, his remuneration as Returning Officer not
being included, in that case, in the Returning
Offices accounts of the election expenses. In
other unions, the ftumiAl allowance to the Return-
ing Officer, for conducting any election which may
occur during the year has been included in his
account for the annual election in March, and has
been paid in advance for the whole year in the
payment of that account.

3. The latter course is open to objection, inas-
much as in the event of the person who fills the
office of Clerk, and performs the duties of Return-
ing Officer at the annual election in March,
ceasing to hold the office, and another person
being appointed, before the close of the year
commencing 25th March, the former may have
received the Returning Officer^s remuneration for
the entire year, and the latter may be required to
conduct elections to supply vacancies in the
nimiber of Guardians that may occur during the
year ; and in this case, the Guardians would be
liable to be called upon to pay the remuneration

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702 Circulars of InaiructwM. [Part IIL 1.

cacuLAM. ^f the latter for liis services as Returning Officer,

Bemoner*- in addition to the amount paid to the previoms

r5?,21. Returning Officer for the year.

Offloer. 4. Under these circumstances, the Commission-

ers think it would be preferable that the remu-
neration of the Clerk for his services as Returning
Officer should be paid, not in one sum in advance
included in his account of the expenses of the
annual election, but in periodical payments from
time to time, in like manner with his salary as
Clerk, and in like manner witii the salaries of
other officers of the union.

5. The Commissioners do not propose to make
any alteration in the amount of the remuneration
hitherto allowed to the Returning Officer of

t^e union, namely, £ per annum ; and they

request that the Guardians will cause him to be
paid at that rate, from time to time, at the re-
spective periods when the officers' salaries are

6. Under this arrangement, the Returning
Officer is not to include any charge for his own
remuneration in the account which he is required
to make out of the expenses of the election, his
salary being paid independently of that account.

I have, <fec.,

W. Stanley, Secretary,

To the Presiding Chairman of the
Board of Guardians,

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Part III. 1.] Qualification of Gnardia/ns.


Statement shoving the Value of the Quali£catioii for the
Office of Elected Guardian as fixed by the Poor Law
Commissioners under the 19th section of the 1 & 2 Vic,
c. 66.

Nftme of Union.

Value of

N»mo of Union.




Abbeyleix, .


Castlederg, .


Antrim, . . •




Ardee, .




Annagli, .


Cavan, .


Athlone, .




Athy, .






Clifden, .


Ballina, .




BallinnBloe, .


Clogbcr, .






Ballycflstle, .


Clones, .


Ballyinahon, .


Clonmel, .






BaUyinoney, .




Ballyshannon, .




Ballyvaghan, .


Cork, .


Balrotherv, .



Baltinglaas, .


Croom, .




Delvin, .




Dingle, .


Bantry, .







20, 16, & 10

Belfast, . .








Borrisokane, .


Dromore, Weat,


Boyle, . . .


Dublin, North,


Caherciveen, .


Dublin, South,


CaUan, . .




Carlow, .


Dunfanaghy, .








Dungarvan, .




Dunmanway, .


Cashel, .





20, 16, & 10







Castlecomer, :nd
by the Relieving Officers in their several districts ; and
every such cheque or order shall be signed by the pre-
siding Chairman and two Guardians, and countersigned
by the Clerk.

5thly. — They shall examine the reports of the several
officers, and the report of the Visiting Committee of
the workhouse,* and make such orders thereon respec-
tively as may appear to them fitting and expedient

6thly. — ^They shall take mto consideration all letters
addressed by the Commissioners to the presiding Chair-
man, or to the Clerk of the Union, and all other corre-
spondence relating to the business of the union ; and
such directions as the Board may give thereon, alutU be
recorded on the minutes.

7thly. — They shall consider and decide upon, and give
the necessary directions respecting all provisional ad-

a See the Woikhouse Rules, Art, 69, as to the appdntmeoA
and duties of the Yislting Committee (page 778).

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Pabt m. 2.] Proceedings of the Boa/rd. 713

misuons into the irorkhonse since the last ordinary OasvBiuL
meeting of the Guardians. tiohJ^'

8thly. — They shall take into consideration the report of 19 Jam. 1862.

any District Committee of Guardians, appointed under

an order of the Commissioners to receive and examine
applications for relief ; and they shall further consider
all applications for relief, and the particulars recorded
in regard to each case in the Application and Report
Book of each Relieving Officer,* and shall decide
whether any, and if so, what relief or further relief
should be granted in each particular case, in pursuance
of the laws for the relief of the poor; and the decision
of the Board shall be forthwith recorded in the said
books, to be authorized by the signature or initials of
the presiding Chairman in the columns respectively
provided for that purpose.

9thly. — They shall consider the report of the Master of
the Workhouse, and order the discharge of such persons
as appear to be no longer proper objects of relief in the
workhouse of the union.

lOthly. — They shall, subject to the approval of the
Commisffloners, determine the kind of work to be per-
formed by the persons admitted into the workhouse,
and give all needful directions concerning the manage-
ment and discipline of the workhouse of the union, and
the providing of furniture and stores, and other

llthly. — ^They shall proceed to examine and select from
amongst the candidates presenting themselves before
them, competent persons to fill any vacancy or vacan-
cies that may exist amongst the officers, whom the
Guardians are legally empowered to appoint, due notice
having been previously given of such election, as here-
inafter provided.

12thly. — ^They shall consider any resolution proposed by
any Guardian, not having immediate reference to the
business previously under their consideration, due notice
having l^en given thereof, if necessary, as hereinbefore
provided in Article 13; and their decision on such
proposed resolution shall be recorded on the minutes of
their proceedings.

Idthly. — ^The presiding Chairman shall receive, and shall
cause to be read aloud by the Clerk, and entered upon
the minutes, any notice for the election of an union
officer, or any notice of any resolution relating to the
administration of the laws for the relief of the poor,
intended to be proposed at any future meeting of the

Provided, however, that when it shall appear
to them necessary, the Guardians shall be

» See Believing Officers' duties, Art 61 (page 780). %

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714 General Eeffttlationa. [Pabt IIL 2.

omsRAL enabled to depart from the order of proceed-

tiona: ings hereinbefore laid down.

19 J aw. 18 32. ^j^^ provided also, that whenever the Guardians
shall have appointed more than one day in
each week for their ordinary meetings, thej

Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 59 of 90)