A history of the Irish poor law, in connexion with the condition of the people

by Sir George Nicholls

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 appointment[appointment], 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.