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

by Sir George Nicholls

The 10th and 11th Vict. cap. 84.

The 10th and 11th Vict. cap. 84, is entitled ‘An Act to make Provision for the Punishment of Vagrants, and Persons offending against the Laws in force for the Relief of the Destitute Poor in Ireland’—22nd July 1847.

Sections 1, 2, 3.—After declaring it to be expedient to make further provision for the punishment of beggars and vagrants &c., the 59th section of the Irish Poor Relief Act[^[156]] is repealed, and it is enacted instead, that every person deserting or wilfully neglecting to maintain his wife or child, so that they become destitute and be relieved in or out of the workhouse of any union, shall on conviction be committed to hard labour for any time not exceeding three months. And persons wandering abroad begging or gathering alms, or procuring children to do so, and every person going from one union or electoral division to another for the purpose of obtaining relief, shall be liable on conviction to be committed to hard labour for any time not exceeding one month.

Sections 4, 5.—Offenders may be apprehended by any person whatsoever, and taken before a justice to be dealt with as is above provided. Or when apprehended, the offender may be delivered over to a constable or other peace officer, to be taken before a justice for like purpose. Justices may upon proof of offence, issue their warrant for the apprehension of any such offender, to be dealt with as the Act directs. Proceedings by or before any justice are not to be quashed for want of form, nor removable by writ of certiorari.

The 10th and 11th Vict. cap. 90, 22nd July 1847.

The 10th and 11th Vict. cap. 90, is entitled ‘An Act to provide for the Execution of the Laws for Relief of the Poor in Ireland.’ After reciting the several previous Acts under which the administration of relief to the poor in Ireland is subject to the direction and control of the Poor Law Commissioners, whose commission will shortly expire, it declares it to be “expedient that the control of the administration of the laws for the relief of the poor in Ireland should be wholly separated from the control of the administration of the laws for relief of the poor in England,” and enacts that her Majesty may from time to time by warrant under the royal sign manual, appoint a fit person who, with the chief and under secretaries of the lord lieutenant shall have the control, and shall be styled “Commissioners for administering the Laws for Relief of the Poor in Ireland,” and the person so appointed shall be styled the Chief Commissioner—

Sections 2, 3, 4, 5.—The appointment of every chief commissioner is to be published in the ‘Dublin Gazette.’ The commissioners are to have a seal, which shall have the same force and effect as the seal of the Poor Law Commissioners; and they may appoint a secretary, inspectors, clerks &c., and may assign to the inspectors such duties, and delegate to them such powers as they may think necessary.

Sections 6, 7, 8.—One of the inspectors is to be appointed an assistant-commissioner, to assist in the business of the office in such manner as the commissioners direct; and to him may be delegated the powers and functions of the chief commissioner in the latter’s absence. The inspectors are entitled to attend boards of guardians, and all meetings held for the relief of the poor, and may take part in the proceedings, but are not to vote. All salaries are to be determined by the Treasury.

Sections 9, 10.—The powers and duties of the Poor Law Commissioners are transferred to the new commissioners; and if any vacancy occur, the surviving or continuing commissioners or commissioner may continue to act. The commissioners are constituted a body corporate, and for all purposes connected with the administration of the laws for the relief of the poor throughout Ireland they are to be deemed successors of the Poor Law Commissioners, all property held by whom becomes vested in them accordingly.

Sections 11, 12, 13, 14, 15.—The commissioners are empowered to make rules orders and regulations, and to vary or rescind the same. Also to make general rules with the approbation of the lord lieutenant, who may at any time disallow the same or any part thereof, without prejudice however to things lawfully done under them before such disallowance. Every rule order or regulation directed to, or affecting more than one union, is to be deemed a general rule.