A history of the Irish poor law, in connexion with the condition of the peopleNicholls, George, Sir
History
A history of the Irish poor law, in connexion with the condition of the people
Nicholls, George, Sir
Poor laws -- Ireland -- History
_Sections 114, 115, 116, 117._—No order of the commissioners,
assistant-commissioners, or guardians, is removable by writ of
certiorari except into the Court of Queen’s Bench in Dublin, and
every order or rate[86] so removed is to continue in force until
declared to be illegal. No application for writ of certiorari to be
made, unless ten days’ notice of the particulars thereof shall have
been delivered in writing to the commissioners, who may thereupon
show cause against such application, and the court may if it think
fit, proceed at once to hear and determine the case. Recognisances
must be entered into previous to application for a writ of
certiorari, and if the order be quashed, notice thereof is to be
given to the unions to which it was directed; but the judgment is in
no case to annul existing contracts.
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[85]
In altering the bill to localise the charge upon the electoral
divisions respectively (see ante, p. 220) it was omitted to
substitute the term Electoral Division for that of Union in the
81st sect.; so that a person who might pay a rate in every
electoral division of the union, could only as the clause stood
vote in one, although each electoral division was separately
chargeable. This would be contrary to what was intended by the
Duke of Wellington’s amendment, and the error was remedied as soon
as discovered by the _2nd Vict. cap. 1, sec. 5._ See post, p. 233.
[86]
A rate was excepted from such removal by the Amendment Act passed
shortly afterwards, _2nd Vict. cap, 1_. See post, p. 233.
-----
_Sections 118, 119, 120, 121._—The Poor Law Commissioners for England
and Wales are declared to be “The Poor Law Commissioners” under the
provisions of this Act, and are empowered to carry the same into
effect. A fourth commissioner may be appointed, and any two or more
of the commissioners may sit as a board in England and Wales, or in
Ireland, as they shall deem expedient. They are to have a common
seal, and all orders or copies thereof purporting to be sealed
therewith, are to be received as evidence that the same have been
duly made.
_Sections 122, 123._—When required by the secretary of state, or when
the board shall think fit, one of the commissioners may act in
Ireland, and have all the powers given to the board of
commissioners, except the power of making general rules; but the
whole of the commissioners are to assemble in London once at least
in every year, for the purpose of submitting a report of their
proceedings, which report is to be made on or before the 1st of May,
and is to be annually laid before parliament, “together with an
account of the expenditure upon the relief of the poor in each
union, and of the total number relieved in each union during the
year ended the 1st of January preceding.”
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