Sections 6, 7, 8, 9.—In fixing the qualification of elected guardians, the commissioners are empowered to fix a different amount for different electoral divisions of the same union. The full number of ex-officio guardians may be made up from non-resident justices, if the number resident be not sufficient. Two or more electoral divisions may be combined for the purpose of electing a guardian; and upon the request of a board of guardians the commissioners may appoint an assistant-guardian for such union, whom they are also empowered to remove or discontinue.
Sections 10, 11, 12.—Rents arising from exempted property, are to be rated to the extent of half the poundage. Occupiers are not to deduct from their rent more than one-half the amount of the rate paid by them; and the provisions making void all agreements to forego deductions from rent are repealed.
Sections 13, 14.—The valuations are not required to be signed and sealed by the commissioners. “To encourage the employment of labour in improving the value of land,” the valuation is not to be increased in consequence of improvements made under the Land Improvement Act, within seven years after such improvements.
Sections 15, 16, 17, 18, 19.—A short form of declaration is prescribed, and costs are limited in actions for recovery of rates. Judges may make rules and orders regulating proceedings in actions for poor-rates. Civil bill decrees for poor-rates may be filed, and have force as judgments of superior court. Judgments for poor-rates are to be registered, and take priority as charges on the land, with the exception of crown and quit-rents and rent-charges in lieu of tithes. The recovery of arrears of rate limited to two years.
Sections 20, 22, 23.—Date of audit to be stated on the accounts, and all disallowances thereof to be inserted by the auditor. The rate-books are to be open for inspection, and due notice is to be given to the ratepayers. In cases of appeal, the known agent of the appellant may sign the notices and enter into the recognizances required by law.
Sections 24, 25.—The names of persons relieved to be entered in books kept for that purpose, which are to be open for inspection; and weekly statements of the numbers relieved and chargeable to the union, and to the electoral divisions respectively, are to be posted on the workhouse door.
Sections 26, 27, 28.—With consent of the commissioners the rates may be applied, or loans may be raised on security of the rates, for defraying the expenses of emigration; but vice-guardians are not so to apply or borrow without the consent of the ratepayers, and the amount borrowed is in no case to exceed 11s. 8d. in the pound, of the yearly value of the rateable property chargeable with the same. The money borrowed is to be applied under direction of the commissioners, in defraying the expenses connected with the emigration to British colonies, of poor persons resident within the union or electoral division, on the rates whereof the same shall have been respectively charged.
Sections 29, 30, 31.—For the purpose of facilitating proceedings for the recovery of rates, assistant barristers &c. may “correct or amend any variance, clerical error, or irregularity not affecting the substantial merits of the question,” in the notices &c. brought before them. Fourteen days’ notice is to be given of proceeding by civil bill against immediate lessors for recovery of rates. The present and preceding Acts are to be construed as one Act.
Emigration.
The facilities afforded by the above Act for promoting emigration, were productive of less effect than would otherwise probably have been the case, owing to the financial embarrassments existing in many of the unions. The guardians were naturally indisposed to apply the poor-rate or to borrow money for purposes of emigration, whilst there was an urgent pressure upon them for relief, and great difficulty in obtaining the means of affording it. The amount expended by the unions on emigration during the year ending 29th September 1849, was 16,260l., being an increase of 13,484l. over that of the previous year.[[185]] The number of orphan girls selected from the several workhouses, and sent out as emigrants to Australia, had been 1,956, which added to the 2,219 so sent out in the preceding year, makes a total of 4,175 from the commencement, under regulations jointly established by the Poor Law and Emigration Commissioners in 1848.[[186]]