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
These three Acts have, it will be seen, made very considerable changes
in the law, and taken conjointly with the original Relief Act of 1838,
and the Amendment Act of 1843,[157] may be considered as forming the
entire code of Irish Poor Laws, and such moreover as they may be
expected to continue, there being apparently no room for further
alteration, or at least not to any material extent.
-----
[157]
That is _The 1st and 2nd Vict. cap. 56_, and _The 6th and 7th Vict.
cap. 92_. Ante, pp. 222 _et seq._ and 291 _et seq._
-----
[Sidenote: General import of the new Acts.]
The sanction of out-door relief given by the first of the three Acts is
a most important departure from the principle of the original statute,
and was wrung from the legislature by the distressing circumstances in
which the country was placed by the successive failures of the potato
crop. With starvation raging almost universally around, it was felt that
it would be impossible to maintain the restriction of relief to the
limits of the workhouse. The concession made in the _1st and 2nd
sections_ must however be regarded as exceptional, and as being intended
to meet an exceptional case; for the necessity of workhouse relief being
the established rule, never perhaps commanded more general assent, than
at the time when a departure from it was thus sanctioned. The author was
examined before a committee of the house of lords on this question, and
he gave it as his deliberate opinion that under the circumstances
existing in Ireland the concession was necessary, the preservation of
life being paramount to all other considerations; but at the same time
he considered, that the rule of in-door relief should be departed from
only so far, and in such a way, as would secure its resumption with the
least difficulty and at the earliest possible period; and the two first
sections of the Act are not at variance with this view.[158] In
sanctioning out-door relief under the then emergency, the legislature
limited its application, imposing certain conditions and restrictions,
and at the same time investing the commissioners with large powers for
checking abuse. Nay more, as if distrusting the discretion of the
commissioners themselves, _the 21st section of cap. 90_ provides that
their Report, which is to be laid before parliament, “shall contain a
distinct statement of every order and direction issued by them in
respect to out-door relief.” The appointment of relieving and medical
officers and of district committees, was no doubt a considerable
extension of the union machinery, but it was necessary for giving effect
to the law at the time, and either or all might be discontinued when no
longer required. The limitation of relief by the _9th section_, and the
extension of assistance for the purpose of emigration to persons not in
a workhouse by the _14th section_, are both likely to be of use, as may
also be the provision in the _16th section_ with regard to ex-officio
guardians.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account