Ireland.

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

. (page 82 of 90)
Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 82 of 90)
Font size
QR-code for this ebook


tute Poor in Ireland.

And you ai'e hereby i-equired to bring with
you

Herein fail not, as you shall answer at your
peril.

Given und^ my hand and seal, at ,

this day of , one thouaaad

eight hundred aikl



-, Aitdiier.



No.sn. No. 36. — Complaint in Writing by an
Complaint Auditor a^rainst an Accountant debited

by Auditor . - . ^

aialnstan by llim.

Accountant.

1 & 2 Vic cap. 56, sec. 94.

County of^ 1 »» ^ of . , in the

to wit. J county of , Auditor of

the Union, formed under the Acts for the



• Gdunty in ^loh the mbjeet of eomplnhit fettfarfMHt
^ Auditor*! name aad plaoo of abode.



d by Google



Part IV.] Connplaint hy Auditor against AccountatU, 1036

Relief of the destitute Poor in Ireland, comes owmmML
before , of , in the said county of* , ^^***^

a Justice of the Peace for the said county, on »«• 3«-
tlie day of , one thousand eight hundred by a«!£ot

and , at , in said county, and complains y»iw« ■»

for that he, the said** , as Auditor of the said

union, did, on the tlay of , audit the

itccounts of the said \mion for the hidf-year
ending the day of in the year ,

and did ujx)n such audit iind that a balance
amounting to the siun of was due fi'om* ,
and did accordingly, by his certificate, bearing
ilate the day of , one thousand eight

hundred and , signed by him as such Auditor,
certify'* , and did thereby debit the

.said* , as*^ of the said vmion, with the sum of
.£ , being the balance or sum so found due and
l>ayable by him the said* as such*" , and

for which said* was liable under the said

Acts, and which said sum has not been paid by the
.said* pursuant to the provisions of said Acts ;
wherefore the said* , as such Auditor,

pi*ays to summon the said* to appear on? ,
at , before such two Justices of the said

county of* as shall then be there, to answer

this complaint, and be fiuiJier de^t with according
tu law.

In the said county, on' the day

of , fm» thousand eight huiftdred

and , the said complaint was made

by me.

, Auditor of the Union.

And was taken and recseived by me, iu
tlM county a£Dre6aid.

y J.P. for said county.

» Conm^iB wblck thasabltcl «f eomplaiiK ha« ariMB.

*> Auditor's name and place of abode.

' Name of penon debited^ and ofBce in Tirtue of wbkh he is
sKv^bitod.

•> State shortly the certificate.

" Name of p er — n debited.
. ** Onioe in virtue of which he it debited.

s Time and place where complaint ii to be beard.

2 Y 2

DigiTzed by Google



1036 Forms. [Pajit IK,



Fo&m.



No. 37. — Summons to Accountant to appear
8ami^'to on Auditor's Complaint.

AoooanUnt
to appear on

^""^^^^'^ 1 k 2 Vic. cap. 56, sec. 94.

County of* > To* , of , in the

to wit ) county of

Whereas' , Auditor of the Unicm.

foiined under the Acts for the Relief of the

destitute Poor in Ireland, on the day of

, one thousand eight hundred and
made complaint in writing before me, a Justioe
of the Peace for said county of* , charging

that tlie said" , as Auditor of the said

union, did, on the day of , audit the

svccounts of the said union for the half-year ending
the day of in the year , and did

upon such audit find that a balance amounting to
the sum of £ was due from* , and

did accordingly, by his certificate, bearing date
the day of , one thousand eight

hundred and , signed by him as such Auditor,
certify* , and thereby debited

you,' , as» of the said union, with ^

sum of £ , being the balance or sum so found
due and payable by you as such' , and for

which you were liable under the Acts for Relief d
the destitute Poor in Ireland, and which said sum
has not been paid pursuant to the provisions of the
said Acts : These are therefore to command yoQ
in Her Majesty's name to be and appear before
any two Justices of the Peace for the said county
o^ who shall be present at , in the said

county, on the day of , one thousand



» CooBtf in which the labjeet of ooaq>lalBt hM arim.
^ Name of defendant

< Name of auditor.

< Name of penon debited, and ofBoe In rlrtue of irldA he ii
•o debited.

« Bute ahortlf the oertiflcate, as In oomplaial

' Name of penon debited.

* Ofltee in virtue of which debited.



d by Google



Part IV.] Justices' Order on Auditw's Complaint. 1037

eight hundred and , at the hour of o'clock obnmul

in the noon of said day, to answer the said ^^*-

complaint, and be further dealt with according ^ "^^ '^•

. , '^ ' ® Summons to

to law. AooovBtant

, a Justice of the Peace for the Auditor't

said county of . Compi«nt.

DiBKcnoHs FOR Sbbyics. — To be served upon the person
to whom it is directed, personally, or by delivery at his place
of abode to his wife, child, or servant, being of the age of
sixteen yean or upwards.



No. 38. — Obdea of Justices on Complaint no. sa.
by Auditor. jiSJ^%



1 & 2 Vic. cap. 56, sec. 94 j 12 <fe 13 Vi6. cap. 70.

County of ) Be it remembered, that on

*o wit ) the day of , in

the year of our Lord one thousand eight himdred
and , complaint in writing was made

before^ , a Justice of the Peace for the

county of ,by» , Auditor of the Union,
fonnixl xmder the Acts for the Belief of the
destitute Poor in Ireland, for that* . Now

at this day, to wit, on the day of , one

thousand eight hundred and , at , the

said* [appear before us, two of Her

Majesty's Justices of Ihe Peace in and for said
coimty, <yr the said" appears before us, the

said Justices, but the said' , although duly

called, doth not appear by himself, his counsel or
attorney, and it is now satisfactorily proved to us,
on oath, that the said' has been diUy served



a Coonty in which the sabject of complaint has arisen.
^ Justice who issaed summons.

* Name of auditor.

* State the facts entitling complainant to the order, with the
time and place when and where they oocnired.

* Name of complainant and defendant, if both appear.
' Defendant.



Complaint
by Auditor.



d by Google



1088 Fonfis. [Part TV.



with the summons in this behalf, which req ui red
him to be and appear here at tiua day, before
otSa?' *"*^^ ^^ ^ *^® Justices of the Peace for the and
JMMMtim county as should now be here, to answer the said
^AaOHw. <»«l^*Mit, and to be fiirUier ^ealt with according
to law ;] and now having heard the matter of the
said complaint, we do adjudge the said* to

pay to^ , to <^ for the me of the said vnian.

the sum of £ fbrthwiUi ; and also to pay to

the said* the sum of £ for his cost8 in thk
behalf. And if the said several sums be not paid
forthwith, on or before the day of next,

[we hereby order the said sum to be levied bv
distress and sale of the goods and chattels of iht
said* , and im defanlt of suJicient dis-

tress in that behalf we a<^udge ; or where tk*
issuing of a distress warraiU would he rudnous
to the deJmdarU w his Jarml^, or il appears A(U
he has no goods whereon to levy a distress, then,
instead of the words after the bracket^ 9ay — i^bfOi
inasmuch as it hath now been made to appear to
us that the issuing of a warrant of distreas in iiiiB
bahalf would be ruinous to the said* and hk

Ismily, we adjudge ; or, that the said* luUfa

no .goods or chattels whereon to levy the said suns
by distress, we ac^udge] die said* to be

imprisoned in , at , in the said

«ounty, for the term of , onleBB the said

several sums, and all costs and cfaai^ges «f thi*
said distress and of Idie commitment and cob-
ve3ring of t^ said to tiie said , t^hall

be sooner paid.

Given imder our hands and seals, tbis
day of , in the year of our Lord ouo
thousand eight hundred and , at

, in the county of

, J.P. (Seal)

, J.P. (SeaL)



DefewAurt.
*> PieraoB te ^i^hoOT fiimmr ibetmler Is in«a«u
' Name of auditor.



Digitized



by Google



Part IV.] Warrant to Distrain, 1039

No. 39. — ^Wabrant to Distrain on ^/IJJ^J''

foreff oins: Order. —

® ^ No. 39.

1 A 2 Vw. cap. 56, sec. U; 12 & 13 Vic. cap. 70. KiSS'.m

foregoing

To tbe Constables of , or may of them, ^^d^'-

and to ail other Peace Officers in the couuty
of

Oounty o^ ) Whereas on the** day

to wit. j q£ last past, a complaiut

in writing was made before* , one of Her

M^esty*s Justices of the Peace in and for the said
coimty, by** , auditor of the Union formed
under the Acts for the relief of the destitute poor
in Ireland, for that* and afterwards, to wit

on the day of one thousand eight hundred
4ind , [the said parties appeared before us

at or the said* appeared before us at
but the said' although called, did not appear,]
and the matter of the said complaint having been
then and thei'e considered, we adjudged the said
* to pay to<^ to or for the use of the said

miion, the sum of £ forthwith, or on or before
the day of then next, and also to pay to

the SMd** the sum of £ for his costs in that
behalf, and we thereby ordered that if the said
several sums should not be paid forthwith or on
or befoi^e the day of then next, the same
.should be levied by distress and sale of the goods
and chattels of the said' and it was adjudged

that, in default of sufficient distress in that behalf
the said' should be imprisoned in the at

in the said county for the term of unless
i^e said several sums and the costs of said distress,
and of the commitment and conveying of the
said' to the said should be sooner paid :

And whereas the time appointed in and by the



m Oo«nty in wHich the Mb^eot of oonplidiit has arisen.

^ Dajr wheD complaint lodged.

« Justice who iasiied sammons.

^ Name of Auditor. • State as in the orJlrr.

t Defendant.

' The person in whose farour the order is mauc.



Digitized



by Google



lOiO



Fonns.



[Part IV,



OsucmAL
FomjM.

W»matto
forvfcoiag



said order for the payment of the said sefvenJ
sums of £ and £ hath elapsed, bat the

said* hath not paid the same or any part

thereof, but therein hath made default : These
are therefore to command you, in Her Maj^y^s
name, forthwith to make distress of the goods
and chattels of the said* and if within the

space of days after the mating of snch

distress, the said last-mentioned sums, together
with the reasonable charges of taking and keeping
the said distress shall not be paid, that then you
do sell the said goods and chattels so by you
distrained, and do pay the money ansing from
such sale, unto^ that he may pay and apply

the same as by law directed, and may render the
overplus, if any, on demand unto the said*
and if no such distress can be found, then that
you certify the same imto us, that such pro-
ceedings may be had therein as to the law doth
appertain.

Given under our hands and seals this
day of , in the year of our Lord one



thousand eight hundred and
, in the coimty of

— , j.p.
— , J.p.



(SeaL)
(Seal.)



ladoraemmt



Wamntof
Diitreat.



Indorsement in backing Warrant of Distress
to have it executed in a County or Place
other than where it is issued.



County of
to wit



f Whereas proof on oath
hath this day been made before
me, one of Her Majesty's Justices of the Peace, in
and for the said county of , that the name

of to the within warrant subscribed, is of

the handwriting of one of the Justices of the
Peace within mentioned: I do therefore autho-
who bringeth to me this warrant, and



rize



* Defendant.

'' The penon In whoM fkroor the order is made.



Digitized by Google



Part IV.] Warrant to Disinda, 1041

all other persons to -whom this warrant was gsmkrai.
onginally directed, or by whom the same may be ^ °*'" '
lawfully executed, and ako all constables and other indowmcnt
peace officers of the said county of to execute WanLiTJf
the same within the said county of ' . nutrow.

Given under my hand this day of
one thousand eight hundred and

, J.P. (Seal.)



Constable's Return of No Goods to Warrant conrtabic>
of Distress, so as to procure a Warrant of S^"©* ""
Committal. di^'J^!''*

I, constable of in the county of , do
hereby certify to and esqrs., two <!>f

Her Majesty's Justices of the Peace for the said
county, that by virtue of this warrant I have
made diligent search for the goods and chattels of
the within-mentioned , and that I can find

no sufficient goods and chattels of the said
whereon to levy the sums within mentioned.

Witness my hand this day of one

thousand eight hundred and

, Constable.



No. 40. — CoMMirifENT in case of there being no, 4a.

no Distress under foregoing Warrant. STSS^oT'"'
1 & 2 Vic. cap. 56, sec. 94 ; 12 & 13 Vic. cap. 70. nSfcSr*
To the Constables of , or any of them, and

to the Keeper of the at , in the said

county of

County of^ \ Whereas, on the^ day

to wit. f of last, a complaint in

writing was made before' a Justice of the

Peace for said county, by** auditor of the



• Comity- in wfaleh the subjeck of comjplaint hai arlMo.
^ Diy when complaint lodged.

* Justice who issued iummone. < Name of Auditor.

2 y3



Digitized



by Google j



1042 Forms. [Pact IT.

GsmeftAL tudou formed nuder tlie Acts for l^e relief of tlr
r^l!!!** destitute poor in Ireland, for tiurt^ ; cad tk

w«> 4tt- said^ having been dul j ^unmoaed to a auwi

iirMMof^^ mid complaint, idierwrardB, to wit, on tiie dr
nf?"'**"* ^^ ^'^^ thonsacnd eight hundrcid and , [li»
said parties appeared b^ore us at ; or

appeared before us at , but tiie said

altiioi^h called did not appear] ; and the matter
of the said complaint having been then and then
considered, we adjudged the said^ to pa}

to" to or for lie use of the said union the aiu
sum of £ forthwith, or on or before tke

ds^ of then next, and also to paj to thf

said^ the sum of £ for his oosta in that

behalf; and we thereby ordered that if the saiu
several sums should not be paid forthwith, or on
or before the said day of then next, that

same should be levied by distress and sale of the
goods and chattels of the said ; and we aki'

adjudged that in default of siifficjent ctistrass in
that beiialf, tibe said should be in^iriaoiied in

the at in the said oounl^, for tiie iann

of , unless the said several sums, and the

costs and charges of the said distress, and of tbe
commitment and conveying of the said to the
said should be sooner paid : And whereas,

afterwards, on the day of in the year

aforesaid, the said Justices issued a warrant tu
the eonstabies of or any^ them, oonuoondisig
him or them to levy the said «ums of £, and

X , by distress and sale of the goods and

chatliels of the said : And whereas it appears

to us, as wdl by the return of the said «MUitahle
to the saad warraeat of disti^ss as otherwise, that
the said constable' hath made diligent aeamh for
the goods and chattels. of said but that w>

sufficient distress whereon to Wry the sums *above
mentioned coidd be found :

These are therefore to command you« tlie said



I'SMUOT-Ja^lierardtv. «

e The person in wham ftrrOMT ft* vfdw

«> A'aaic of Aodltor.



Digitized



by Google



Part IV.] Apprenticeship to Sea Sarrice. ' 1043

constables, or any of you, to take the said , OmynnAis

and him safely convey to the at aforesaid, ^**
and there deliver him to the said keeper, together ^**vJJ*'
with this warrant. And we hereby command in cm« of
3'OTi, the said keeper of tiie said , to receive ^^3'^';"'

into your custody in the said the said ,

und him therein safely keep for the space of ,
unless the said several sums, and the costs and
charges of the said distress, and of the commrt-
ment and conveying of the said to the

said shall be sooner paid imto you the

said keeper. And for your so doing this shall be
your sufficient warrant.

Given imder our hands and seals, this
day of in the year of our Lord one

thousand eight hundred and , at

in the coimty aforesaid.

, J.P. (Seal.)



J.P. (Seal.)



ofl7&18Vic.
c. !04.



No. 41.— Board of Tiubk's Form of In- no.^i.
MNTUBE for Apprenticeship of Boys ^^"^^'^
reoeiving Relief, to the Merchant Sea by^e if^nt
Service, under the Merchant Shipping Act, ^f^JTss^s
1^854, 17 & 18 Vic. c. 104, § 141-145'. in pu«««.«

(H.) Parish Appebntice's iNMCNTrBE.

Tflis Inbextuke, made the day of

18 , between **Overscers of the Poor of the

*)»arish of , in the division of , in

-die c ounty of , of the one part, and ,

of in the county of , •* of the ship ,



*» If xhmn «rp oflwr ofllMtv t^bo |n? r lor iu tli^ •duties «f Or^r-
wwn^tlicy itmnt execute the Indentare, «nd tlieir fWe tfaonld
bewitafCiMtvd'fottiM words ^OvctrseeKoftlie l>oer.**

-* TlM 9i«fer tHIe erf any OMrlct tepartttclr imdntthiiiig lu
aMvntpMPr vatky be mli«tltiite<ITor the word ^'imrMh:**

" litTc iijficrt ••m.aster" or "owner,'* ai« theocweiMiy be.



Digitized



by Google



1046 Forms. [Pakt TV.

owvMtAt, to the binding of the said to ^e said ,

'^^' and hove, in testimonj thmredf, caused our official

, Wo^4i-' seal to be hereunto annexed at a meetiiig frf the

'"^'^'* -Board this day df 18 .

Seal BigBaturex>f PEo^dia^ Chaamwa.

ofBwad. Clerk,

Executed in my presence, this dav

of 18 .

Signatui^ of Constable or peraou

employed to convey the apfireatioe.

Begifitered act the port >0f tins 4av

of 18 •

Signed,

NoTK. — ^This Indenture must be executed in duplicate:
both copies must be taken to'flie R^strar-General of Swmen ;
or, if ia tho^odtportif to some shippinir master: one ^opy will
then be retained aod recorded, and the othor rrtatiiad to tbe
master with the jiecessary indorsement.



J [The above form was evidently fiamed witli
erence to England only, but witii the follow-
ing modifications it is equally af^licable io
Ireland : —

1. In place of the words —

''Overseers of tiie Pom* i«f ike pansh
of intheidxyiaionef . ia tfae-eouiife!^'

of
aubstxtiite —

" The Guardians of the Poor of the
Unien in the county of ."

2. In place of the words —

'* Whereas a poor bey who is [and

^oie pamnts are] ohajrgoHble to and siain-
*taaned by the said pansk,"
substitute —

•"Whereas a poor boy ^vdio is for

whose parents are] receiving rdief in the
jnid nninn ohargea nlo ^ .the naiim at laign
[or to the electonl i^vmii&u^tm^kB mu^

Digitized by Google



Part TV.] Apprenticeship to kSea Service. 1047

3. In plaoe of the words — obkbhai.

FonMrt.

** The said Overseers of I3ie Poor " or *' the —
said Overseers and their successors,'* indtntirs.

substitute —

"The said Guardians of the Poor of
the Union."

4. In place of the words —

" And so provide for the said apprentice^
diat he he not a charge to the said parish,
Kud indemnify the said parish against any
charge," &c.,

.substitute—

" AjoA fK> provide for the said appventioe
that he be not a charge to the said union or
any electoral division thereof, and indemnify
the said Gwardians of the Poor of tlie
Union against any charge/' &c,

5. The Indentures, instead of being executed
by the seal and signature of the Overseers, should
be executed by t£e common seal of the Board of
Guardians.

6. If the apprentice is chargeable to an electoral
division, the binding must not take place without
the consent in writing of the Guardians of such
electoral division, or of a majority of them, being
first obtained, and such consent is, when possible,
to be indorsed upon the indentures. The follow-
ing form i^pears suitable : —

" and ^uig the Otmrdians

[or being a m^joril^ of the GnaydianBJ of
the Electoral Division of the UnifiQ,
to which electoral division the within-
named is chargeable, consent to the
binding of the said to the within-named
in aooordimoe wi^ this Indenture. In
^Mtimony whereof I [or we] have hereunto
Mt my [or our] hand [pr liamds] thas "day
of 18 .

(Signatiu^) ."1



Digitized



by Google



Iu48 Memorial for takhu/ Land. [Pakt IV.

^«^*/' No. 42.— Form of Memorial from a BomtJ
— of Guardians to the Commissioners, to

Memorui of take Land under and for the Purposes of
uko'u:i'' 11 & 12 Vic. c. 25.

11 ^ 12 Yic. cap. 25, sec. 1.
Union.



To the Commissioners for administering the
Laws for Relief of the Poor in Ireland.

We, the undersigned, being Guardians of
Union, in pursuance of the provisions of an Act
passed in the twelfth year of Her present Majesty,
entitled, " An Act to extend the powers given by
former Acts for purchasing or hiring land, in con-
nexion with or for the use of Workhouses in Ire-
land, and for providing for the Bxirial of the Poor,''
do hereby memorialize you, the Commissioners
for administering the Laws for Relief of the
Poor in Ireland, to hire or purchase — ^in ad-
dition to the quantity of land authorized by law
before the passing of the above Act to be purchas-
ed or hired for the site of a workhouse, or to be
occupied therewith, or for the site of a fever ward,
or for a cemetery, or other purpose — such
further quantity of land, not to excc^ twenty-
five statute acres, as may be deemed necessary,
for the purpose of being cultivated for the em-
ployment of children or persons under the age of
sixteen, being inmates of the Workhouse in the
said Union, and for the further purpose of thus
instructing such children in an improved sjnstem
of the cultivation of land.

Witness our hands hereunto subscribed, at the
respective dates hereunder written.

Signatures of Gua/rdians. I DaJte ofSignaiure,



I, Clerk, for the time being, of the

Union, certify that the foregoing are the edgnatures
of a majority of the whole number of Guardians
of the said Union.

Signature of Clerk, .

Date, 18 .

Digitized by Google



ADDENDA.



" The Jurors Act (Ireland)," and "The Local Govemment
(Ireland) Act," were passed during the printing of this
volume, but too late for insertion in their appropriate
place. The provisions of those Acts, and of "The
Sanitary Act, 1868," and " The Sanitary Loans Act,
1869," both of which are incorporated with "The
Local Government (Ireland) Act," are given below, so
far as they affect the duties of Boards of Guardians or
their officers, or the administration of the Sanitary
Laws by Boards of Guardians.



d by Google



ior)0



Add^^Kla.



34 fc 35 Vic.

0.71,
JuKiKS Act



34 & 35 Vic. Cap. 71.



I UKIKS ACT

'^**sn^'' ExTBACTS from the " Act to emend and congoli-
date the Laws relating to Juries in Trelaud^
passed \Uh Avgust, 1871.



Short Title.



ExUnt uf
Aot.

Interpre-
t&iion of



1. This Act may be cited for all purposes as
" The Juries Act ilrdand), 1871."

2. This Act shall extend to Irela/nd only.

3. In the construction and for the puiposeB of
this Act (if not inconaistent with the context oar
subject-matter), the following words shall hfkve
the respective meanings hereinafter assigned to
them, that is to say, —

"County" shall indiide '^oounty of a ^ty,"
"county of a town," and "the city and
oonnty of Londonderry :"
" Court " shall mean and include each of the
Superior Courts at Dublin, and every Court
of Assiae, Nisi Prius, Oyer and Teraainer
and Gaol Delivery, every general Sessions of
the Peace, every Civil Bill Cdurt, and evwy
Recorder's Court :
<* Judge" shall include every Justice and Cow-
missioner of Assize, Nisi Pkiios, and Oyar
and Terminer and (Jaol Delivery, every
Chairman of the Civil Bill Court, and al»»
every Chairman of Justices presiding ai
general Sessions of the Peace for any county,
and every Recorder, and also every person
duly appointed and acting as deputy for any
of the Judges aforesaid :
" Sheriff" shall include Under-Sheriff :
<< Juror " shall mean male persons only :
"Barony" shall include half-barony or other
division of a barony, and in counties of cities
or counties of towns shall mean wards.



d by Google



Juries Act (Irdand), 1871. 1051

8. The Clerk of the Peace of every county in »* ^^,^'*^-
Ireland, except the cotmty of the city of Dublin', Jmuss act
rfuOl, wiiOmi one week after the first day of J uly in ^^^^^J"^ '
every year, issue and deliver his precept, in the —
Form A set fort^ in the t^iird Schedtde hereto ^^^^
Him^ced, to the Clerk of each poor law union ^•^Ji^^f'
wliolly or partJy included within such county, unioMs.
requiring each such Clerk of poor law union to
prepare and return to such Clerk of t3ie Peace, on

or before the first day of August next ensuing, a
complete and true list for each barony of such
county within his union of all men between the
ages of twenty-one and sixty years (except those
ex^npted or disqualified by this Act from being
returned or serving on juries) residing in such



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 82 of 90)