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—
Summary of the 1st and 2nd Victoria, cap. 56,
Entitled 'An Act for the more effectual Relief of the Poor in Ireland'—31st July 1838.
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.