Summary of the ‘Act for the more effectual Relief of the Poor in Ireland,’ and of the ‘Amendment Act’—Arrangements for bringing the Act into operation—-First and second Reports of proceedings—Dublin and Cork unions—Distress in the western districts—Third, fourth, fifth, and sixth Reports—Summary of the Act for the further amendment of the Law—Seventh Report—Cost of relief, and numbers relieved—Issue of amended orders.

Having in the last chapter described the progress of the bill from the commencement till it became law, I now propose, as in the case of the English and Scottish Acts,^[84] to give a summary of the Irish statute sufficiently in detail for enabling the reader, with the aid of the Reports on which the measure was founded, to understand clearly both the import and the object of the several provisions—

Sections 1, 2, 3.—Empower the Poor Law Commissioners for the time being to carry the Act into execution, and to issue such orders for the government of workhouses, the appointment and removal of officers, the guidance and control of guardians, and for keeping and auditing of accounts, as they shall think proper.

Sections 4, 5, 6, 7, 8.—General rules issued by the commissioners are to be submitted to the secretary of state, and not to take effect until the expiration of forty days, and are to be laid before parliament at the commencement of every session. The rules are to be made public, and to be open to the inspection of the ratepayers; and whenever disallowed, the disallowance is also in like manner to be made public.

Sections 9, 10, 11.—The assistant-commissioners, secretary, and other officers appointed by the commissioners, are to be officers under the present Act. The commissioners may with the approbation of the secretary of state, delegate their powers (except the power to make general rules) to one of the commissioners, or to one or more of the assistant-commissioners acting in Ireland, subject to such regulations as the commissioners may direct.

Sections 12, 13, 14.—The assistant-commissioners are empowered to summon and examine witnesses on oath, and persons refusing to attend, or giving false evidence, or altering or concealing documents required for the purposes of the Act, are to be deemed guilty of a misdemeanor. The commissioners may order reasonable expenses of witnesses to be defrayed.

Sections 15, 16.—The commissioners may by order under their seal, unite so many townlands as they think fit to be a union for the relief of the destitute poor; and may add to, take from, or dissolve the same, and may determine the proportionate amount chargeable in any such case, as shall appear to them to be just. But no such dissolution or alteration of a union is to take place without the consent of a majority of the guardians, and a copy of every order for the same is forthwith to be transmitted to the secretary of state.

Sections 17, 18, 19.—Whenever a union is declared, a board of guardians is to be elected, for which purpose the commissioners may divide the union into electoral divisions, and from time to time alter the same; but in making or altering such electoral divisions, no townland is to be divided. The commissioners are to determine the number of guardians, having regard to the circumstances of each electoral division; and also the qualification, which in no case is to exceed a rating of 30l. net annual value—“provided always that no person being in holy orders, or being a regular minister of any religious denomination, shall be eligible as a guardian.”

Sections 20, 21, 22.—The first election of guardians is to take place at the time fixed by the commissioners, and afterwards on the 25th of March in each year. Outgoing guardians may be re-elected, and in case of vacancy occurring through death removal or resignation, the remaining guardians are to act.

Sections 23, 24.—Every justice of peace not being a stipendiary magistrate or assistant-barrister or minister of any religious denomination, is an ex-officio guardian of the poor of the union in which he resides, and after the board of guardians is duly constituted may act as a member of the board, in like manner as an elected guardian. But when the justices duly qualified and residing in the union exceed one-third the number of elected guardians, they are at a meeting specially assembled for the purpose, to appoint from among themselves a number nearest to but not exceeding one-third of the elected guardians, to act as ex-officio guardians from the time of such appointmentappointment, until the 29th of September following, and so annually on each succeeding 29th of September—the number of ex-officio guardians being in no case permitted to exceed one-third the number of the guardians elected by the ratepayers.

Sections 25, 26.—If an election of guardians does not take place, or if any of those elected shall neglect or refuse to act, the commissioners may order a fresh election, and on failure thereof may appoint another to fill the place of any guardian so failing, until an election of guardians takes place under the provisions of the Act. And if regular meetings of the guardians be not held, or if their duties be not effectually discharged according to the intentions of this Act, the commissioners may dissolve such board, and order a fresh election; and if the guardians then elected likewise fail, the commissioners may appoint paid officers to carry out the provisions of the Act, and define their duties, and regulate their salaries, which are to be paid out of the poor-rates of the union.

Sections 27, 28, 29, 30.—The board of guardians is declared a body politic and corporate for all the purposes of the Act. The commissioners and assistant-commissioners may attend the meetings, and take part in the discussions of the boards of guardians, but are not entitled to vote. The guardians are to assemble at such times as the commissioners direct, and no guardian, whether ex-officio or elected, has power to act, except as a member, and at a meeting of the board, for constituting which the presence of three members is necessary. No defect in the election or qualification of a guardian, is to make void the proceedings of any board in which he may have taken a part.

Sections 31, 32, 33.—The commissioners may direct the appointment of such paid officers, with such qualifications, as they think necessary in every union, and may define their duties and determine their continuance in office or dismissal, and regulate their salaries. The commissioners are further empowered, with or without the concurrence of the guardians, to remove any paid officer whom they deem unfit or incompetent, and to require the appointment of a fit and competent person in his room, failing in which the commissioners may themselves make the appointment.

Sections 34, 35, 36.—When a union is declared, every house of industry, workhouse, and foundling hospital within its limits, and supported wholly or in part by parliamentary grant &c., with all things thereto belonging, is to become vested in the Poor Law commissioners, subject to the debts and encumbrances thereof—in trust for, and subject to, the powers and provisions of this Act. The commissioners may from time to time as they see fit, build or cause to be built a workhouse or workhouses for any union, or may hire any building or buildings to be used as a workhouse, and may enlarge and alter the same, in such manner as they deem most proper for carrying the provisions of the Act into execution, and may purchase or hire any land not exceeding twelve acres to be occupied with such workhouse, and may order the guardians to uphold and maintain, and to furnish and fit up the same, and provide means for setting the poor to work therein—for all which purposes the guardians are required to raise and levy the necessary sums as a poor-rate, or to borrow the money and charge the same on the future poor-rate, as the commissioners shall direct. But after the workhouse has been declared fit for the reception of the destitute poor, the commissioners are restricted from ordering the expenditure of more than 400l. without the consent of the guardians.

Sections 37, 38, 39, 40.—Incapacitated persons empowered to convey land &c.—the powers of 7th George 4th, cap. 74, regarding the purchase and valuation of sites extended to this Act—Where the purchase-money is paid into the bank of Ireland, the commissioners exonerated from liability as to its application—The commissioners may sell lands &c., and apply the proceeds in purchase of other lands &c.; but are restricted from selling the workhouse of a union without the consent of the guardians.

Section 41.—When a workhouse has been declared fit for the reception of destitute poor, and not before, the guardians, subject to the orders of the commissioners, are to take order for relieving and setting to work therein, in the first place, such destitute poor persons as by reason of old age infirmity or defect, may be unable to support themselves, and destitute children; and in the next place, such other persons as the guardians deem to be destitute poor, and unable to support themselves by their own industry or other lawful means—provided that in any case where there may not be sufficient accommodation for all the destitute persons who apply, the guardians shall relieve such as reside in the union, in preference to those who do not.

Sections 42, 43, 44.—A register-book in a prescribed form, is to be kept by the master of every workhouse of the persons relieved therein, and such register is to be examined, corrected and signed by the chairman at every meeting of the guardians, and countersigned by the clerk—Accounts of the expenditure are to be kept and made up every six months, charging to every electoral division the proportion incurred in respect of persons relieved who are stated in the registry to have been resident in such electoral division; the expenses incurred in respect of all others are to be charged against the whole union. At the end of three years, any two or more electoral divisions may, with the commissioners’ concurrence, agree to bear the expense of the relief chargeable to each in common, a copy of every such agreement to be deposited with the commissioners, and another copy with the clerk of the peace.

Sections 45, 46, 47.—On the declaration of a workhouse in any union, all local Acts relating in any way to the relief of the poor therein, are to cease and determine. The commissioners are to inquire into the state of fever hospitals and dispensaries, and report thereon to the secretary of state, stating the number of such institutions which in their opinion ought to be provided. They are also to examine into the administration of hospitals and infirmaries, and give directions for the more effective management thereof.

Sections 48, 49.—The commissioners are to take order for the due performance of religious service in the workhouse, and are to appoint fit persons to be chaplains for that purpose, one being of the established church, another a protestant dissenter, and another of the Roman catholic church, and they are to fix the salaries of such chaplains. But no inmate of a workhouse is to be compelled to attend any religious service contrary to the religious principles of such inmate, or to which his or her parents or guardians object.

Section 50.—The board of guardians are to appoint a fit person in each parish or townland within the union to be the warden thereof, who is to provide for the conveyance to the workhouse of such destitute poor persons as the guardians shall direct, and perform such other duties as the orders of the commissioners shall prescribe.

Section 51.—If a meeting of the ratepayers of any electoral division agree to the raising of a rate to assist emigration, the commissioners may direct the guardians to raise such sums (not exceeding 1s. in the pound in any one year) as they think requisite for the purpose, either by a rate under this Act, or by a charge on the future rates; and the money so raised is, under the direction of the commissioners, to be applied by the guardians of the union in assisting the emigration to British colonies of poor persons residing in such electoral division.

Section 52.—The money raised under authority of the Act, is only to be applied as is expressly provided for in the Act.

Sections 53, 54, 55, 56.—Every husband is made liable for the maintenance of his wife, and every child under the age of 15, whether legitimate or illegitimate, which she may have; and every father is liable to maintain his child, and every widow to maintain her child, and the mother to maintain her bastard child, until such children respectively attain the age of fifteen. Relief given to a wife or child, is to be considered as given to the person liable to maintain such wife or child. Relief may be declared to be a loan, and be recoverable accordingly, and when given to a person entitled to any pension or other allowance, the guardians may require the next payment thereof to be made to them for indemnity of the union, and are then to repay the surplus to the person entitled thereto.

Section 57.—Every child of a poor person who may be unable to support himself, shall be liable according to his ability to support his parents, and if any relief under this Act be afforded to such parents, it may by order of two justices be recovered by the guardians from such child, together with such other relief as shall subsequently be given.

Sections 58, 59, 60.—Every person absconding from a workhouse and leaving his wife or child to be relieved therein, or who refuses to work, or is guilty of drunkenness or disobedience to the rules prescribed for the government of the workhouse, or who shall introduce spirituous or fermented liquors into any workhouse, is on conviction to be subjected to imprisonment with hard labour for not exceeding one month. Any person who deserts and leaves his wife or child so that they become chargeable, is on conviction to be subjected to hard labour in the house of correction for not exceeding three months; and every justice of peace may issue his warrant for apprehension of the offenders.

Sections 61, 62, 63.—For defraying the expenses incurred under this Act, the guardians are empowered to make and levy such rates as may be necessary on every occupier of rateable hereditaments within the union, regard being had to the proportion previously charged upon any electoral division. The rateable hereditaments are then enumerated. But it is provided that no church chapel or other building exclusively dedicated to religious worship, or used for education of the poor, nor any burial-ground or cemetery, nor any building used for charitable or public purposes shall be rateable, except where any private profit or use is derived therefrom, in which case, the person deriving such profit or use, is to be rated as an occupier according to the annual value of the same.

Sections 64, 65.—Every rate is to be a poundage rate, made upon an estimate of the net annual value of the several hereditaments—“that is to say, of the rent at which, one year with another, the same might in their actual state be reasonably expected to let from year to year, the probable annual average cost of repairs insurance and other expenses, if any, necessary to maintain the hereditaments in their actual state, and all rates taxes and public charges, if any, except tithes, being paid by the tenant.” The particulars of every rate are to be entered in a book (the form of which is given in a schedule annexed) and the guardians and other officers whose duty it may be to make the rate, are to sign the declaration at the end of the same, after which it is to be evidence of the truth of the particulars contained therein.

Sections 66, 67, 68, 69, 70.—Existing surveys and valuations may be used, but if these are not deemed sufficient, the guardians may cause new ones to be made. All proprietors of tolls and profits liable to be rated are to keep accounts thereof, which the guardians are to have liberty to inspect. The commissioners may direct the cost of any survey and valuation to be defrayed by a separate rate, or by a charge upon the poor-rate, as they see fit. Twenty-one days’ notice to the ratepayers for inspecting the valuation is to be given before making a rate, copies of which may be taken at all reasonable times.

Sections 71, 72, 73.—The poor-rate is to be paid by the occupiers, but in cases where the property is rated at less than 5l. and where the parties have agreed thereto, the lessor may be rated instead. County-cess collectors may be appointed to collect the poor-rate on giving security and being approved by the commissioners—failing in which the rate may be collected by any other officer appointed for the purpose with like approval.

Sections 74, 75, 76, 77.—Every occupier may deduct half the poundage rate paid by him, from the rent payable to the owner; and where any person so receiving rent, shall also pay a rent in respect of the same property, he will be entitled to deduct from such rent a sum proportionate to what was deducted from the rent he received. The entire rate is to be deducted from tithe; and all agreements to forego the deduction of rate are declared void.

Sections 78, 79.—If a rate is not paid within two months after it has been made, the guardians may levy the same by distress, or sue for such rate by civil bill. The receipt for poor-rate is in all cases to be accepted by persons entitled to receive rent or tithe, in lieu of such sum as the person tendering the receipt is entitled to deduct from such rent or tithe. But no deduction is to be made from any rent-charge or terminable annuity.

Sections 80, 81.—Every occupier paying rate, and every receiver of rent from which a deduction has been made on account of rate, and every owner of tithe, is to be deemed a ratepayer; and at the election of guardians in any union, every ratepayer is entitled to vote^[85] according to the following scale—

Where the occupier is also the owner, he will be entitled to double the above number of votes; and where the net annual value of the property rated exceeds the rent paid by the occupier, he is in addition to his votes as occupier, to be entitled to vote for such excess as if it were rent received by him.

Sections 82, 83, 84, 85.—Where two or more ratepayers are jointly liable, each is to be entitled to vote according to the proportion borne by him, but one may claim to vote for the whole. The votes are to be given in writing in such manner as the commissioners may direct, and the majority returned in each electoral division is to be binding on such division. Votes may be given by proxy, but no occupier can vote unless all rates assessed upon him of six months’ standing be first paid.

Sections 86, 87, 88.—The members of a corporation or joint-stock company are not entitled to vote, but their officers may do so if duly authorised by the governing body. Where a rate has not been made, the cess-payers are to form a constituency for electing guardians, with the same proportion of votes as is prescribed for ratepayers, each shilling of county cess to be reckoned as one pound of annual value. The commissioners are to appoint a returning officer, and prescribe the duties to be performed by him in the election of guardians.

Sections 89, 90, 91.—The guardians may with consent of the commissioners borrow money for purchasing and providing a workhouse, either from the Exchequer Bill Loan Commissioners, or any persons willing to advance the same on security of the rates. The money so borrowed is to be repaid in twenty years by annual instalments, together with the interest accruing thereon. The securities for money so advanced to a union may be transferred or assigned on notice thereof being given to the guardians.

Sections 92, 93.—Contracts made by the guardians are not valid, unless conformable to the rules of the commissioners; and no guardian, paid officer, warden or other person engaged in collecting the rates, or in the management of the union, is either directly or indirectly to furnish supplies of any kind for the use of the union, under penalty of 100l. with full costs of suit to any person who shall sue for the same.

Sections 94, 95, 96, 97.—Guardians treasurers and other officers are to render a true account of receipts and payments &c., at such times and in such a form as the commissioners shall direct. Auditors are to be appointed to examine such accounts, and are to disallow all payments made contrary to the Act, or at variance with the orders of the commissioners. Bonds contracts advertisements &c. for carrying the Act into effect are exempted from stamp-duty, and letters relating exclusively to the execution of the Act, sent by or addressed to the commissioners, are exempted from postage.

Sections 98, 99, 100, 101, 102.—Justices may proceed by summons for recovery of penalties—penalty on officers disobeying guardians—penalty on officers and others purloining goods &c. belonging to any union—penalty on persons wilfully disobeying the orders of the commissioners or assistant-commissioners.

Sections 103, 104, 105.—Forfeitures costs and charges may be levied by distress under warrant of two justices, and are to be applied to the use of the union—ratepayers are competent witnesses—distress not to be deemed unlawful for want of form in the proceedings—plaintiff not to recover for wrongful proceeding, if tender of amends be made.

Sections 106, 107, 108, 109.—Persons aggrieved may within four months after the cause of complaint, appeal against the poor-rate, or against a conviction where the penalty exceeds 5l., and the justices and assistant-barrister before whom the appeal is brought, are empowered finally to determine the same; but fourteen days’ notice of the appeal is to be given.

Sections 110, 111, 112.—Notwithstanding any appeal or notice thereof, the rate is to be paid, unless and until it be actually quashed or amended. Persons appealing are to enter into recognisance to prosecute the same at the next sessions, and to abide the order and pay such costs as the justices and assistant-barrister shall award.

Section 113.—No action to be commenced against any person for anything done under authority of the Act, until after twenty-one days’ notice thereof, nor after sufficient satisfaction has been tendered to the party aggrieved, nor after three months from the time the action complained of was committed; and the defendant may plead the general issue.

Sections 114, 115, 116, 117.—No order of the commissioners, assistant-commissioners, or guardians, is removable by writ of certiorari except into the Court of Queen’s Bench in Dublin, and every order or rate^[86] so removed is to continue in force until declared to be illegal. No application for writ of certiorari to be made, unless ten days’ notice of the particulars thereof shall have been delivered in writing to the commissioners, who may thereupon show cause against such application, and the court may if it think fit, proceed at once to hear and determine the case. Recognisances must be entered into previous to application for a writ of certiorari, and if the order be quashed, notice thereof is to be given to the unions to which it was directed; but the judgment is in no case to annul existing contracts.

Sections 118, 119, 120, 121.—The Poor Law Commissioners for England and Wales are declared to be “The Poor Law Commissioners” under the provisions of this Act, and are empowered to carry the same into effect. A fourth commissioner may be appointed, and any two or more of the commissioners may sit as a board in England and Wales, or in Ireland, as they shall deem expedient. They are to have a common seal, and all orders or copies thereof purporting to be sealed therewith, are to be received as evidence that the same have been duly made.

Sections 122, 123.—When required by the secretary of state, or when the board shall think fit, one of the commissioners may act in Ireland, and have all the powers given to the board of commissioners, except the power of making general rules; but the whole of the commissioners are to assemble in London once at least in every year, for the purpose of submitting a report of their proceedings, which report is to be made on or before the 1st of May, and is to be annually laid before parliament, “together with an account of the expenditure upon the relief of the poor in each union, and of the total number relieved in each union during the year ended the 1st of January preceding.”

Section 124.—Interpretation clause.

Notwithstanding all the care that had been taken in framing this Act, it was found on proceeding to carry it into operation that there were several defects, partly owing to a want of information with regard to certain peculiarities existing in Ireland, but principally arising out of the changes made in the passage of the bill through parliament. Thus, on the assumption that the division into townlands was universal, an alteration was made in the Lords constituting a townland the unit in the formation of unions; but in some places it was found that no townland existed, and in very many cases the extent of the townland was not known. There was uncertainty also with regard to parishes, their limits being in many instances undefined. It became necessary therefore with as little delay as possible to take steps for remedying these defects, and to pass a short Act amending the former, which was accordingly done; and as this last was essential to the one which preceded it, so that the two Acts may be said to form one statute, it will be convenient to insert a summary of it here in continuation of the above—

Section 1.—The boundaries of many townlands not being accurately known, and there being places which are not known as townlands—it is enacted that the provisions in the preceding Act relating to townlands, shall “apply to every place in Ireland whether known as a townland or not.”

Section 2.—Where the population of any city borough or town exceeds ten thousand, or where the population of any other place within an area of three miles exceeds ten thousand, the commissioners may constitute such city borough town or other place, or any part or parts thereof respectively, an electoral division; and may divide such electoral division into wards for the purpose of conducting the election of guardians.

Sections 3, 4.—The commissioners may by order under seal declare any place not known as a townland, to be a townland; and where the boundaries of a townland are not known, may declare and determine the boundaries thereof.

Sections 5, 6.—In the election of guardians, every ratepayer who under the last rate made shall have paid or be liable to pay rate in respect of property in any electoral division, “shall have a vote or votes in the election of guardians in such electoral division, according to the scale of votes prescribed.” And where needful expenses are incurred before any rate can be levied for defraying the same, a sum not exceeding 200l. may be borrowed and charged upon the first rate made.

Sections 7, 8.—Conveyances of land &c. to the Poor Law commissioners are to be made according to the form set forth in the schedule annexed to the Act, or as near thereto as circumstances admit. The purchase-money is to be paid into the Bank of Ireland to account of the accountant-general of the Court of Chancery, “ex parte the Poor Law commissioners.”

Sections 9, 10.—Appeals may be made heard and determined at general or quarter sessions of the peace, although an assistant-barrister be not present. So much as relates to the removal by writ of certiorari of any rate made under the previous Act, is by the present Act repealed.