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

by Sir George Nicholls

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.