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

by Sir George Nicholls

The Report of 1844, like those preceding, is dated the 1st of May; and it will be convenient to commence the account of the year’s proceedings with a summary of the Act for amending the law, which was passed on the 24th August 1843, and which what is said above will have prepared the reader to expect.

Summary of the 6th and 7th Vict. cap. 92.

For the further Amendment of the Law for the Relief of the Poor in Ireland.

Sections 1, 2.—That where the property rated is not of greater value than 4l., or in certain boroughs named than 8l., the rate on such property shall be made on the immediate lessor, and if his name be not known he may be rated as “the immediate lessor;” and the rate is to be recoverable together with costs, notwithstanding any defect or error in the name, by action, or by civil bill, or by complaint before a justice, but no action is to be brought without consent of the Poor Law Commissioners.

Sections 3, 4.—If a rate be not paid by the lessor in four months, it may be recovered from the occupier, who in such case may deduct the amount from the rent due to the lessor, or recover it from him. If a house be let in lodgings, the lessor is to be rated for the whole house, and if the rate be not paid within thirty-one days, it may be recovered from the occupiers, who will be entitled to deduct it from the rent due by them; but the Municipal Corporations Act is not to be affected by any of these provisions.

Sections 5, 6.—When the property rated is above 5l., the lessors may in like manner be rated instead of the occupiers, if both enter into a written agreement for the purpose, and if the guardians consent thereto. All goods and chattels to whomsoever belonging, found on premises for which the occupier is liable to pay rate, may be distrained for the same.

Sections 7, 8.—To remove certain doubts with regard to valuators and valuations, the commissioners are empowered to appoint valuators, or they may direct the guardians to do so; and the person so in either case appointed, may enter premises for the purpose of making or revising any survey or valuation; and rates are to be assessed on the valuations so made or revised, and sealed by the commissioners; and are not to be altered unless appealed against, when on receiving a copy of the order of court amending such rate, the commissioners are to authorize its alteration in conformity therewith. The appeal in all cases is to be made to the sessions of the peace of the county, or county of a city or town within which the hereditaments are situate.

Sections 9, 10, 11.—Any person affected by a rate, may on all days except Sunday, between ten o’clock and four, inspect the valuation on which the rate is made, and take copies thereof. The form of rate prescribed by the Amendment Act is repealed, and the commissioners are empowered to prescribe the form in which the rates are to be made. The clerk to certify that the rate when made conforms to the valuation, and the chairman and two or more of the guardians present are to certify that they allow the same. In Dublin the poor-rate is to be collected in the same manner and with the like remedies as the grand jury cess.

Sections 12, 13.—The residence required in order that the expense of relief may be charged to an electoral division in any case, is the occupation of a tenement for eighteen months, or having usually slept within such division for twelve months before the person’s admission to the workhouse. The expense of all others not having so occupied or slept, is to be charged against the whole union. If a person after quitting the workhouse be again admitted within six months, the expense of such person is to be charged as before. The charge of every child admitted, is to conform with that of the person liable for its maintenance. The guardian or any three or more ratepayers of an electoral division, may with consent of the commissioners appeal against its being separately charged in any case.

Sections 14, 15, 16.—The guardians, subject to the commissioners’ approval, may send any poor deaf and dumb or blind child under the age of eighteen, to a deaf and dumb or blind institution, and defray the expense of its maintenance therein; and may also defray the expense of conveying any poor person from the workhouse to a fever hospital or lunatic asylum and his maintenance therein. Persons affected with fever or other contagious disease, may be relieved in houses hired for the purpose under the commissioners’ regulations, and the expense be charged upon the rates.