Section 17.—The guardians may charge the rates with any expense reasonably incurred, in apprehending or prosecuting offenders against the provisions of any of the Poor-law Acts.
Section 18.—Two-thirds of the guardians of any union, subject to the regulations of the commissioners, may assist any poor person who has been in the workhouse for three months, to emigrate to a British colony, and may charge the expense on the union, or on the electoral division to which such poor person has been chargeable; but the entire amount of such expense is not in any one year to exceed sixpence in the pound on the net annual value of the rateable property of the union or the electoral division respectively.
Sections 19, 20, 21.—If the number of ex-officio guardians be reduced by death removal or disqualification, the commissioners may appoint a day for the election of another ex-officio guardian in the place of the one so removed. A person put in nomination for an elected guardian, may refuse by notice in writing to serve the office; and in case of vacancy or refusal to act, the commissioners may order a fresh election if they think fit, but not otherwise.
Sections 22, 23.—A person convicted of felony fraud or perjury, or adjudged liable to forfeiture under the provisions of the Poor Law, is incapacitated for acting as a guardian. The commissioners empowered to inquire into and decide disputes in regard to the elections.
Sections 24, 25.—Notice of claims to vote by owners and proxies, extended from one week to one calendar month. Any person knowingly tendering a false claim to vote, or forging falsifying or altering any such claim, or altering carrying off destroying or defacing any voting-paper, subjected to a penalty of ten pounds.
Sections 26, 27.—In case of reasonable doubt in regard to any claim, the returning officer may refuse the vote until proof of its correctness be produced. Ratepayers, guardians, and union officers, not incapacitated for giving evidence.
Section 28.—This and the two previous Acts (1st and 2nd, and 2nd Vict. cap. 56 and 1) to be construed as one Act, except where otherwise provided.
The alterations made by the above Act relate exclusively to matters of detail. There is no change of principle in the measure. The electoral division system remains entire, except only as regards emigration, the expense of which the guardians have now the option of making either a union or a divisional charge. The definition of residence for establishing the chargeability of an electoral division, may be of some practical convenience, and would amount to a law of settlement if a power of removal were given; but as it is, it will merely in a slight degree facilitate the working of the divisional system. The abolition of the previous complicated form of rate is no doubt an advantage, as is also the power of rating the immediate lessors in certain cases, instead of leaving it optional with them to compound for the rates of their tenantry as before. The provisions in regard to fever cases will be of much use, especially as the measure proposed for regulating the medical charities was not carried into effect.[[118]] The additional powers given to the commissioners in election cases are likewise desirable; and it may indeed be said of the Act generally, that it is calculated to remedy certain minor defects and omissions, and to promote the more orderly working of the law.
We will now turn to the commissioners’ Report of 1844, which commences by declaring that “The administration of relief of the poor in Ireland had been attended with some difficulties during the past year, arising in a great measure from the political influences which had agitated that country.” The influences and agitations here alluded to, were connected with the great movement for a repeal of the Union, stirred up and organized by the late Mr. O'Connell, the consequences of which were in various ways exceedingly pernicious, diverting the people from their legitimate and necessary occupations, exciting jealousy and ill-feeling towards England, inculcating distrust of the government, weakening the authority of law, and inciting to a resistance of whatever was established, of course including the Poor Law. Some indications of this hostility appeared before the author quitted Ireland towards the end of 1842, but shortly afterwards it was openly manifested, and the Poor Law was declaimed against as being an intolerable burden inflicted and enforced by England and English officials, and that it ought consequently to be opposed by every true Irishman.
Resistance to the law.