Chapter IV (1)

Summary of the ‘Act for the more effectual Relief of the Poor in
Ireland,’ and of the ‘Amendment Act’—Arrangements for bringing the Act
into operation—-First and second Reports of proceedings—Dublin and
Cork unions—Distress in the western districts—Third, fourth, fifth,
and sixth Reports—Summary of the Act for the further amendment of the
Law—Seventh Report—Cost of relief, and numbers relieved—Issue of
amended orders.

Having in the last chapter described the progress of the bill from the commencement till it became law, I now propose, as in the case of the English and Scottish Acts,[84] to give a summary of the Irish statute sufficiently in detail for enabling the reader, with the aid of the Reports on which the measure was founded, to understand clearly both the import and the object of the several provisions—

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[84]

See the author’s Histories of the English and Scotch Poor Laws.

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_Summary of the 1st and 2nd Victoria, cap. 56_,

Entitled 'An Act for the more effectual Relief of the Poor in
Ireland'—31st July 1838.

_Sections 1, 2, 3._—Empower the Poor Law Commissioners for the time
being to carry the Act into execution, and to issue such orders for
the government of workhouses, the appointment and removal of
officers, the guidance and control of guardians, and for keeping and
auditing of accounts, as they shall think proper.

_Sections 4, 5, 6, 7, 8._—General rules issued by the commissioners are
to be submitted to the secretary of state, and not to take effect
until the expiration of forty days, and are to be laid before
parliament at the commencement of every session. The rules are to be
made public, and to be open to the inspection of the ratepayers; and
whenever disallowed, the disallowance is also in like manner to be
made public.

_Sections 9, 10, 11._—The assistant-commissioners, secretary, and other
officers appointed by the commissioners, are to be officers under
the present Act. The commissioners may with the approbation of the
secretary of state, delegate their powers (except the power to make
general rules) to one of the commissioners, or to one or more of the
assistant-commissioners acting in Ireland, subject to such
regulations as the commissioners may direct.

_Sections 12, 13, 14._—The assistant-commissioners are empowered to
summon and examine witnesses on oath, and persons refusing to
attend, or giving false evidence, or altering or concealing
documents required for the purposes of the Act, are to be deemed
guilty of a misdemeanor. The commissioners may order reasonable
expenses of witnesses to be defrayed.

_Sections 15, 16._—The commissioners may by order under their seal,
unite so many townlands as they think fit to be a union for the
relief of the destitute poor; and may add to, take from, or dissolve
the same, and may determine the proportionate amount chargeable in
any such case, as shall appear to them to be just. But no such
dissolution or alteration of a union is to take place without the
consent of a majority of the guardians, and a copy of every order
for the same is forthwith to be transmitted to the secretary of
state.

_Sections 17, 18, 19._—Whenever a union is declared, a board of
guardians is to be elected, for which purpose the commissioners may
divide the union into electoral divisions, and from time to time
alter the same; but in making or altering such electoral divisions,
no townland is to be divided. The commissioners are to determine the
number of guardians, having regard to the circumstances of each
electoral division; and also the qualification, which in no case is
to exceed a rating of 30l. net annual value—“provided always that no
person being in holy orders, or being a regular minister of any
religious denomination, shall be eligible as a guardian.”

_Sections 20, 21, 22._—The first election of guardians is to take place
at the time fixed by the commissioners, and afterwards on the 25th
of March in each year. Outgoing guardians may be re-elected, and in
case of vacancy occurring through death removal or resignation, the
remaining guardians are to act.

_Sections 23, 24._—Every justice of peace not being a stipendiary
magistrate or assistant-barrister or minister of any religious
denomination, is an ex-officio guardian of the poor of the union in
which he resides, and after the board of guardians is duly
constituted may act as a member of the board, in like manner as an
elected guardian. But when the justices duly qualified and residing
in the union exceed one-third the number of elected guardians, they
are at a meeting specially assembled for the purpose, to appoint
from among themselves a number nearest to but not exceeding
one-third of the elected guardians, to act as ex-officio guardians
from the time of such appointment, until the 29th of September
following, and so annually on each succeeding 29th of September—the
number of ex-officio guardians being in no case permitted to exceed
one-third the number of the guardians elected by the ratepayers.

_Sections 25, 26._—If an election of guardians does not take place, or
if any of those elected shall neglect or refuse to act, the
commissioners may order a fresh election, and on failure thereof may
appoint another to fill the place of any guardian so failing, until
an election of guardians takes place under the provisions of the
Act. And if regular meetings of the guardians be not held, or if
their duties be not effectually discharged according to the
intentions of this Act, the commissioners may dissolve such board,
and order a fresh election; and if the guardians then elected
likewise fail, the commissioners may appoint paid officers to carry
out the provisions of the Act, and define their duties, and regulate
their salaries, which are to be paid out of the poor-rates of the
union.

_Sections 27, 28, 29, 30._—The board of guardians is declared a body
politic and corporate for all the purposes of the Act. The
commissioners and assistant-commissioners may attend the meetings,
and take part in the discussions of the boards of guardians, but are
not entitled to vote. The guardians are to assemble at such times as
the commissioners direct, and no guardian, whether ex-officio or
elected, has power to act, except as a member, and at a meeting of
the board, for constituting which the presence of three members is
necessary. No defect in the election or qualification of a guardian,
is to make void the proceedings of any board in which he may have
taken a part.

_Sections 31, 32, 33._—The commissioners may direct the appointment of
such paid officers, with such qualifications, as they think
necessary in every union, and may define their duties and determine
their continuance in office or dismissal, and regulate their
salaries. The commissioners are further empowered, with or without
the concurrence of the guardians, to remove any paid officer whom
they deem unfit or incompetent, and to require the appointment of a
fit and competent person in his room, failing in which the
commissioners may themselves make the appointment.

_Sections 34, 35, 36._—When a union is declared, every house of
industry, workhouse, and foundling hospital within its limits, and
supported wholly or in part by parliamentary grant &c., with all
things thereto belonging, is to become vested in the Poor Law
commissioners, subject to the debts and encumbrances thereof—in
trust for, and subject to, the powers and provisions of this Act.
The commissioners may from time to time as they see fit, build or
cause to be built a workhouse or workhouses for any union, or may
hire any building or buildings to be used as a workhouse, and may
enlarge and alter the same, in such manner as they deem most proper
for carrying the provisions of the Act into execution, and may
purchase or hire any land not exceeding twelve acres to be occupied
with such workhouse, and may order the guardians to uphold and
maintain, and to furnish and fit up the same, and provide means for
setting the poor to work therein—for all which purposes the
guardians are required to raise and levy the necessary sums as a
poor-rate, or to borrow the money and charge the same on the future
poor-rate, as the commissioners shall direct. But after the
workhouse has been declared fit for the reception of the destitute
poor, the commissioners are restricted from ordering the expenditure
of more than 400_l._ without the consent of the guardians.

_Sections 37, 38, 39, 40._—Incapacitated persons empowered to convey
land &c.—the powers of _7th George 4th, cap. 74_, regarding the
purchase and valuation of sites extended to this Act—Where the
purchase-money is paid into the bank of Ireland, the commissioners
exonerated from liability as to its application—The commissioners
may sell lands &c., and apply the proceeds in purchase of other
lands &c.; but are restricted from selling the workhouse of a union
without the consent of the guardians.

_Section 41._—When a workhouse has been declared fit for the reception
of destitute poor, and not before, the guardians, subject to the
orders of the commissioners, are to take order for relieving and
setting to work therein, in the first place, such destitute poor
persons as by reason of old age infirmity or defect, may be unable
to support themselves, and destitute children; and in the next
place, such other persons as the guardians deem to be destitute
poor, and unable to support themselves by their own industry or
other lawful means—provided that in any case where there may not be
sufficient accommodation for all the destitute persons who apply,
the guardians shall relieve such as reside in the union, in
preference to those who do not.

_Sections 42, 43, 44._—A register-book in a prescribed form, is to be
kept by the master of every workhouse of the persons relieved
therein, and such register is to be examined, corrected and signed
by the chairman at every meeting of the guardians, and countersigned
by the clerk—Accounts of the expenditure are to be kept and made up
every six months, charging to every electoral division the
proportion incurred in respect of persons relieved who are stated in
the registry to have been resident in such electoral division; the
expenses incurred in respect of all others are to be charged against
the whole union. At the end of three years, any two or more
electoral divisions may, with the commissioners’ concurrence, agree
to bear the expense of the relief chargeable to each in common, a
copy of every such agreement to be deposited with the commissioners,
and another copy with the clerk of the peace.

_Sections 45, 46, 47._—On the declaration of a workhouse in any union,
all local Acts relating in any way to the relief of the poor
therein, are to cease and determine. The commissioners are to
inquire into the state of fever hospitals and dispensaries, and
report thereon to the secretary of state, stating the number of such
institutions which in their opinion ought to be provided. They are
also to examine into the administration of hospitals and
infirmaries, and give directions for the more effective management
thereof.

_Sections 48, 49._—The commissioners are to take order for the due
performance of religious service in the workhouse, and are to
appoint fit persons to be chaplains for that purpose, one being of
the established church, another a protestant dissenter, and another
of the Roman catholic church, and they are to fix the salaries of
such chaplains. But no inmate of a workhouse is to be compelled to
attend any religious service contrary to the religious principles of
such inmate, or to which his or her parents or guardians object.

_Section 50._—The board of guardians are to appoint a fit person in each
parish or townland within the union to be the warden thereof, who is
to provide for the conveyance to the workhouse of such destitute
poor persons as the guardians shall direct, and perform such other
duties as the orders of the commissioners shall prescribe.

_Section 51._—If a meeting of the ratepayers of any electoral division
agree to the raising of a rate to assist emigration, the
commissioners may direct the guardians to raise such sums (not
exceeding 1_s._ in the pound in any one year) as they think
requisite for the purpose, either by a rate under this Act, or by a
charge on the future rates; and the money so raised is, under the
direction of the commissioners, to be applied by the guardians of
the union in assisting the emigration to British colonies of poor
persons residing in such electoral division.

_Section 52._—The money raised under authority of the Act, is only to be
applied as is expressly provided for in the Act.

_Sections 53, 54, 55, 56._—Every husband is made liable for the
maintenance of his wife, and every child under the age of 15,
whether legitimate or illegitimate, which she may have; and every
father is liable to maintain his child, and every widow to maintain
her child, and the mother to maintain her bastard child, until such
children respectively attain the age of fifteen. Relief given to a
wife or child, is to be considered as given to the person liable to
maintain such wife or child. Relief may be declared to be a loan,
and be recoverable accordingly, and when given to a person entitled
to any pension or other allowance, the guardians may require the
next payment thereof to be made to them for indemnity of the union,
and are then to repay the surplus to the person entitled thereto.

_Section 57._—Every child of a poor person who may be unable to support
himself, shall be liable according to his ability to support his
parents, and if any relief under this Act be afforded to such
parents, it may by order of two justices be recovered by the
guardians from such child, together with such other relief as shall
subsequently be given.

_Sections 58, 59, 60._—Every person absconding from a workhouse and
leaving his wife or child to be relieved therein, or who refuses to
work, or is guilty of drunkenness or disobedience to the rules
prescribed for the government of the workhouse, or who shall
introduce spirituous or fermented liquors into any workhouse, is on
conviction to be subjected to imprisonment with hard labour for not
exceeding one month. Any person who deserts and leaves his wife or
child so that they become chargeable, is on conviction to be
subjected to hard labour in the house of correction for not
exceeding three months; and every justice of peace may issue his
warrant for apprehension of the offenders.

_Sections 61, 62, 63._—For defraying the expenses incurred under this
Act, the guardians are empowered to make and levy such rates as may
be necessary on every occupier of rateable hereditaments within the
union, regard being had to the proportion previously charged upon
any electoral division. The rateable hereditaments are then
enumerated. But it is provided that no church chapel or other
building exclusively dedicated to religious worship, or used for
education of the poor, nor any burial-ground or cemetery, nor any
building used for charitable or public purposes shall be rateable,
except where any private profit or use is derived therefrom, in
which case, the person deriving such profit or use, is to be rated
as an occupier according to the annual value of the same.

_Sections 64, 65._—Every rate is to be a poundage rate, made upon an
estimate of the net annual value of the several hereditaments—“that
is to say, of the rent at which, one year with another, the same
might in their actual state be reasonably expected to let from year
to year, the probable annual average cost of repairs insurance and
other expenses, if any, necessary to maintain the hereditaments in
their actual state, and all rates taxes and public charges, if any,
except tithes, being paid by the tenant.” The particulars of every
rate are to be entered in a book (the form of which is given in a
schedule annexed) and the guardians and other officers whose duty it
may be to make the rate, are to sign the declaration at the end of
the same, after which it is to be evidence of the truth of the
particulars contained therein.

_Sections 66, 67, 68, 69, 70._—Existing surveys and valuations may be
used, but if these are not deemed sufficient, the guardians may
cause new ones to be made. All proprietors of tolls and profits
liable to be rated are to keep accounts thereof, which the guardians
are to have liberty to inspect. The commissioners may direct the
cost of any survey and valuation to be defrayed by a separate rate,
or by a charge upon the poor-rate, as they see fit. Twenty-one days’
notice to the ratepayers for inspecting the valuation is to be given
before making a rate, copies of which may be taken at all reasonable
times.

_Sections 71, 72, 73._—The poor-rate is to be paid by the occupiers, but
in cases where the property is rated at less than 5_l._ and where
the parties have agreed thereto, the lessor may be rated instead.
County-cess collectors may be appointed to collect the poor-rate on
giving security and being approved by the commissioners—failing in
which the rate may be collected by any other officer appointed for
the purpose with like approval.

_Sections 74, 75, 76, 77._—Every occupier may deduct half the poundage
rate paid by him, from the rent payable to the owner; and where any
person so receiving rent, shall also pay a rent in respect of the
same property, he will be entitled to deduct from such rent a sum
proportionate to what was deducted from the rent he received. The
entire rate is to be deducted from tithe; and all agreements to
forego the deduction of rate are declared void.

_Sections 78, 79._—If a rate is not paid within two months after it has
been made, the guardians may levy the same by distress, or sue for
such rate by civil bill. The receipt for poor-rate is in all cases
to be accepted by persons entitled to receive rent or tithe, in lieu
of such sum as the person tendering the receipt is entitled to
deduct from such rent or tithe. But no deduction is to be made from
any rent-charge or terminable annuity.

_Sections 80, 81._—Every occupier paying rate, and every receiver of
rent from which a deduction has been made on account of rate, and
every owner of tithe, is to be deemed a ratepayer; and at the
election of guardians in any union, every ratepayer is entitled to
vote[85] according to the following scale—

Where the annual value of the property rated shall not amount to 20_l._ One vote.

Where it amounts to 20_l._ and not to 50_l._ Two votes.

” to 50_l._ and not to 100_l._ Three votes.

” to 100_l._ and not to 150_l._ Four votes.

” to 150_l._ and not to 200_l._ Five votes.

” to 200_l._ and upwards Six votes.

Where the occupier is also the owner, he will be entitled to double
the above number of votes; and where the net annual value of the
property rated exceeds the rent paid by the occupier, he is in
addition to his votes as occupier, to be entitled to vote for such
excess as if it were rent received by him.

_Sections 82, 83, 84, 85._—Where two or more ratepayers are jointly
liable, each is to be entitled to vote according to the proportion
borne by him, but one may claim to vote for the whole. The votes are
to be given in writing in such manner as the commissioners may
direct, and the majority returned in each electoral division is to
be binding on such division. Votes may be given by proxy, but no
occupier can vote unless all rates assessed upon him of six months’
standing be first paid.

_Sections 86, 87, 88._—The members of a corporation or joint-stock
company are not entitled to vote, but their officers may do so if
duly authorised by the governing body. Where a rate has not been
made, the cess-payers are to form a constituency for electing
guardians, with the same proportion of votes as is prescribed for
ratepayers, each shilling of county cess to be reckoned as one pound
of annual value. The commissioners are to appoint a returning
officer, and prescribe the duties to be performed by him in the
election of guardians.

_Sections 89, 90, 91._—The guardians may with consent of the
commissioners borrow money for purchasing and providing a workhouse,
either from the Exchequer Bill Loan Commissioners, or any persons
willing to advance the same on security of the rates. The money so
borrowed is to be repaid in twenty years by annual instalments,
together with the interest accruing thereon. The securities for
money so advanced to a union may be transferred or assigned on
notice thereof being given to the guardians.

_Sections 92, 93._—Contracts made by the guardians are not valid, unless
conformable to the rules of the commissioners; and no guardian, paid
officer, warden or other person engaged in collecting the rates, or
in the management of the union, is either directly or indirectly to
furnish supplies of any kind for the use of the union, under penalty
of 100_l._ with full costs of suit to any person who shall sue for
the same.

_Sections 94, 95, 96, 97._—Guardians treasurers and other officers
are to render a true account of receipts and payments &c., at such
times and in such a form as the commissioners shall direct. Auditors
are to be appointed to examine such accounts, and are to disallow
all payments made contrary to the Act, or at variance with the
orders of the commissioners. Bonds contracts advertisements &c. for
carrying the Act into effect are exempted from stamp-duty, and
letters relating exclusively to the execution of the Act, sent by or
addressed to the commissioners, are exempted from postage.

_Sections 98, 99, 100, 101, 102._—Justices may proceed by summons for
recovery of penalties—penalty on officers disobeying
guardians—penalty on officers and others purloining goods &c.
belonging to any union—penalty on persons wilfully disobeying the
orders of the commissioners or assistant-commissioners.

_Sections 103, 104, 105._—Forfeitures costs and charges may be levied by
distress under warrant of two justices, and are to be applied to the
use of the union—ratepayers are competent witnesses—distress not to
be deemed unlawful for want of form in the proceedings—plaintiff not
to recover for wrongful proceeding, if tender of amends be made.

_Sections 106, 107, 108, 109._—Persons aggrieved may within four months
after the cause of complaint, appeal against the poor-rate, or
against a conviction where the penalty exceeds 5_l._, and the
justices and assistant-barrister before whom the appeal is brought,
are empowered finally to determine the same; but fourteen days’
notice of the appeal is to be given.

_Sections 110, 111, 112._—Notwithstanding any appeal or notice thereof,
the rate is to be paid, unless and until it be actually quashed or
amended. Persons appealing are to enter into recognisance to
prosecute the same at the next sessions, and to abide the order and
pay such costs as the justices and assistant-barrister shall award.

_Section 113._—No action to be commenced against any person for anything
done under authority of the Act, until after twenty-one days’ notice
thereof, nor after sufficient satisfaction has been tendered to the
party aggrieved, nor after three months from the time the action
complained of was committed; and the defendant may plead the general
issue.

_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.

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_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.”

_Section 124._—Interpretation clause.

Notwithstanding all the care that had been taken in framing this Act, it was found on proceeding to carry it into operation that there were several defects, partly owing to a want of information with regard to certain peculiarities existing in Ireland, but principally arising out of the changes made in the passage of the bill through parliament. Thus, on the assumption that the division into townlands was universal, an alteration was made in the Lords constituting a townland the unit in the formation of unions; but in some places it was found that no townland existed, and in very many cases the extent of the townland was not known. There was uncertainty also with regard to parishes, their limits being in many instances undefined. It became necessary therefore with as little delay as possible to take steps for remedying these defects, and to pass a short Act amending the former, which was accordingly done; and as this last was essential to the one which preceded it, so that the two Acts may be said to form one statute, it will be convenient to insert a summary of it here in continuation of the above—

_Summary of the 2nd Victoria, cap. 1, to amend the 1st and 2nd
Victoria, cap. 56.—15th March, 1839._

_Section 1._—The boundaries of many townlands not being accurately
known, and there being places which are not known as townlands—it is
enacted that the provisions in the preceding Act relating to
townlands, shall “apply to every place in Ireland whether known as a
townland or not.”

_Section 2._—Where the population of any city borough or town exceeds
ten thousand, or where the population of any other place within an
area of three miles exceeds ten thousand, the commissioners may
constitute such city borough town or other place, or any part or
parts thereof respectively, an electoral division; and may divide
such electoral division into wards for the purpose of conducting the
election of guardians.

_Sections 3, 4._—The commissioners may by order under seal declare any
place not known as a townland, to be a townland; and where the
boundaries of a townland are not known, may declare and determine
the boundaries thereof.

_Sections 5, 6._—In the election of guardians, every ratepayer who under
the last rate made shall have paid or be liable to pay rate in
respect of property in any electoral division, “shall have a vote or
votes in the election of guardians in such electoral division,
according to the scale of votes prescribed.” And where needful
expenses are incurred before any rate can be levied for defraying
the same, a sum not exceeding 200_l._ may be borrowed and charged
upon the first rate made.

_Sections 7, 8._—Conveyances of land &c. to the Poor Law commissioners
are to be made according to the form set forth in the schedule
annexed to the Act, or as near thereto as circumstances admit. The
purchase-money is to be paid into the Bank of Ireland to account of
the accountant-general of the Court of Chancery, “ex parte the Poor
Law commissioners.”

_Sections 9, 10._—Appeals may be made heard and determined at general or
quarter sessions of the peace, although an assistant-barrister be
not present. So much as relates to the removal by writ of certiorari
of any rate made under the previous Act, is by the present Act
repealed.

[Sidenote: 1838.
Proceeds to Ireland to bring the Act into operation.]

We will now resume our narrative, in the order of date. It has been stated that the Irish Poor Relief Act was passed on the last day of July. A fortnight afterwards it was arranged that I should proceed to Ireland for the purpose of carrying the new law into operation. I had an interview with Lord John Russell on the occasion, and urged the necessity of proceeding vigorously and without delay in the introduction of the measure, and expressed my conviction that our so doing was essential to success. His lordship assured me that government approved of our at once going forward with the formation of unions and providing workhouses, and were prepared to afford every assistance that we might require. It was settled that I should go to Ireland at the end of the month, taking with me four of our assistant-commissioners, whose experience in the administration of the English Poor Law would, it was thought, be found highly useful in Ireland.[87] I quitted London on the 1st of September, and as soon as the assistant-commissioners had assembled in Dublin, one of them was sent to Belfast, another to Limerick, a third to Cork, and one was retained in Dublin. They were furnished with instructions in which the objects to which their attention should be chiefly directed were pointed out. The mode of commencing operations was one of the first things which had to be considered. Would it be better to commence by forming unions of the chief towns, and then work back from them to the interior of the country; or else to begin in the interior, and work up to the great towns?—This, the assistant-commissioners were told, was an important question, requiring to be decided as quickly as possible; and in order to obtain the requisite data for so deciding, it was necessary that some of the chief towns should he first examined, in doing which, they were desired at the same time to endeavour to obtain such a knowledge of other parts of the country, as would assist them in forming a judgment upon the question.

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[87]

The gentlemen selected for this purpose, were Mr. Gulson, Mr. Earle,
Mr. Hawley, and Mr. Voules.

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The investigations in which the assistant-commissioners would thus he engaged, would it was considered, serve to bring them acquainted with the condition and habits of the people, and prepare them for entering upon the formation of unions as soon as arrangements for the purpose were sufficiently advanced. The position size and character of the towns, the existence of barracks or other buildings readily convertible into workhouses, the disposition of the inhabitants with respect to the new law, whether favourable or otherwise, were all to be noted, as constituting materials for judging of when and where the unions should be formed; it being important to begin, where the least difficulty or opposition would have to be encountered.

The principle adopted in the formation of unions in England was considered applicable to Ireland, namely, that the union should consist of a market town as a centre, and the district surrounding and communicating with it. The unions so formed would, it was supposed, be pretty equally distributed throughout the country, and be of a size not materially differing from what had been stated in the Reports to be the most eligible, that is embracing a radius of about ten miles. Some persons had contended for smaller unions, but the smaller the union, the larger in proportion would be the establishment charges; and as the provisions introduced in the house of lords for localizing the rate upon each electoral division, had removed one of the objections to large unions chiefly insisted upon, it would now probably be considered, that in taking the market town as a guide, the commissioners could not be far wrong, since the people who frequent the market would find no difficulty in attending at the union workhouse, whether as guardians or applicants for relief. At the same time however, local interests were not to be disregarded in the arrangement of unions and electoral divisions; but the boundaries of private property, and of counties and baronies were to be observed, as far as might be consistent with the general interest and convenience.

The assistant-commissioners were likewise cautioned as to the sensitiveness of the Irish people, and the importance of conciliating their feelings and gaining their confidence, which would be best accomplished by observing a simple straightforward line of conduct towards them, a scrupulous fulfilment of promises, and not raising or encouraging expectations unless they were pretty certain of being fulfilled. “We know,” it was added, “that the object of the law we are called upon to administer is kind and beneficent, and calculated to better the condition and improve the social habits of the people; and knowing this, we cannot feel otherwise than confident in its application, and earnestly zealous in working out the results contemplated by the legislature in its enactment.”

The assistant-commissioners re-assembled in Dublin on the 9th October, and reported the result of their investigations; and being joined by four others who had been appointed in the interim,[88] the whole question as to the mode of bringing the law into operation was very fully discussed and considered. The assistant-commissioners shortly afterwards proceeded to Cork, Limerick, Londonderry, and Belfast, furnished with full instructions for their guidance in the formation of unions in and around those places, it being considered that clusters of unions so formed would be better protected from undue pressure at the outset, than if they stood singly and isolated. Mr. Earle remained in Dublin for a like purpose. With regard to the formation of unions, the instructions previously given were confirmed, but careful consideration, they were told, would be required in arranging the electoral divisions, as well as in determining the number; for although the commissioners were empowered “to alter the electoral divisions from time to time as they may see fit,” it was important that the divisions should be so formed at the outset as to render subsequent alteration unnecessary. As a general rule the board considered that there should be as many electoral divisions as there were elected guardians, and that the divisions should be all nearly of the same size. There might however be cases, owing to the extent of individual properties or other cause in which this rule could not be observed, and in such cases, the larger divisions might properly have more than one guardian, as in the larger English parishes: but it would be well to deal with such cases as exceptions, and as far as practicable to form the several electoral divisions of the same size, and each to return one guardian.

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[88]

These were Mr. Clements, Mr. Hancock, Mr. O'Donoghue, and Mr. Phelan,
the latter with an especial view to the medical charities. Mr. Stanley
had been appointed secretary to the board in Dublin.

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The townland being the unit, and some townlands being heavily charged with pauperism, while others were comparatively free, it was thought that difficulties might sometimes arise in determining upon the townlands of which an electoral division should consist. Landed proprietors might be naturally desirous of having all their land in one division, unmixed with the land of others, especially where they have taken pains, or incurred expense to improve their properties. The board deemed it impossible to lay down any unvarying rule that would be applicable to all such cases, but considered that the wishes of the proprietor, where the lands are contiguous, should be attended to whenever it could be done without injury or inconvenience to others; and in grouping pauperised and unpauperised townlands together, it should be endeavoured so to arrange the district, as to make the junction as little oppressive as possible to the latter. In Dublin, Limerick, and a few of the older towns, it was thought likely that the electoral divisions could not be so formed as to maintain an equality of pressure, owing to some parishes being exclusively inhabited by the poor and mendicant classes, whilst others were entirely free from them. The board declared that it was “very sensible of the magnitude of this difficulty, which will receive its best attention with the view of endeavouring to devise a palliative, if not a remedy; and it is much to be desired that the efforts of the assistant-commissioners should be directed to the same end.”

[Sidenote: Number and qualification of guardians.]

As respects the number of elected guardians to be assigned to a union, it was on the whole considered, having regard to the satisfactory despatch of business as well as the importance of there being an executive so extended as to command the confidence of the ratepayers, that a number varying according to circumstances from 16 to 24, would be best calculated for carrying into effect the provisions of the Act. These numbers, with the proportion of one-third ex-officio guardians, would give to each union a board of from 21 to 32 members, which would be sufficient for the purpose of deliberation, and yet not so numerous as to impede efficient action. The qualification of guardians must of course depend very much upon the circumstances of the district. “In some parts of Ireland a 5_l._ qualification would not be too low, whilst in others the maximum of 30_l._ would not be much if at all too high;” and the assistant-commissioners were told to use their discretion between these extremes in the recommendations they might make. The board however considered that it would be advantageous to assume 10_l._ as a preferable medium to be observed, except in cases where a greater or a smaller amount of qualification appeared to be required. Recommendations were then made as to the selection and duties of returning-officers, the nomination of parish wardens, and the appointment of clerks to the boards of guardians, and also as to the necessity for observing strict economy in all the arrangements connected with the formation and working of the unions. The board likewise, under the heavy responsibility devolved upon it, considered it to be a duty “to point out to the assistant-commissioners the vast importance of their avoiding even the semblance of party bias, either in politics or religion.”

The commissioners being by the _35th section_ of the Act made responsible for providing the workhouses, very particular instructions were given to the assistant-commissioners on the subject, which constituted in fact the foundation of the whole measure. They were directed “at the formation of every union to make a careful survey, not only of the present state of destitution and mendicancy within it, and of what will be the extent of workhouse accommodation required immediately, or in the first two or three years, but also what was likely to be necessary afterwards; so as to frame such plans and adopt such arrangements in the construction of the buildings, as should afford the earliest present accommodation, and at the same time afford facilities for enlargement whenever it should become necessary.” In cases where barracks or other buildings should be taken for workhouse purposes, care ought likewise to be taken that the necessary alterations and additions were so framed that a portion only need be constructed in the first instance, and that the whole of the plan as designed might be completed whenever it should afterwards be found necessary, without materially interfering with the parts already in use. The quantity of land to be occupied with the workhouse is by the Act restricted to twelve acres, and the assistant-commissioners were recommended to endeavour to convince the guardians of the inexpediency of occupying more land than was sufficient for the purposes of a garden, or than could be conveniently managed by the boys and aged and infirm men.

Next in importance to the workhouse, was the establishing an assessment founded upon the actual value of all the rateable property within the union, in conformity with the _54th section_ of the Act. The assistant-commissioners were directed to call the attention of the boards of guardians at their first and second meetings to this important duty, for the performance of which they were responsible. Suggestions were then offered with regard to the government valuation, and that made under the Tithe Composition Act, and also to the probable necessity in some cases of procuring a new valuation; although in general it was considered that it would be found practicable at the outset to establish a fair and equitable assessment for the poor-rate, without resorting to the expensive process of a valuation by professional men.

The board next determined upon the kind of returns, statistical and otherwise, to be required from the assistant-commissioners, and the extent of information in all cases to be obtained before any unions should be declared; and a circular containing full directions on every point, together with a form for tabulating the several heads of information, was addressed to the assistant-commissioners for their guidance in this highly important part of their duty.

Whilst the assistant-commissioners were pursuing their inquiries and collecting information preparatory to forming unions, the commissioner acting as a board in Dublin was occupied in preparing the several forms and orders for declaring unions, governing elections, and regulating the proceedings of boards of guardians. These were all framed, as nearly as circumstances admitted, on the model of those issued in England, and were transmitted to the board in London for revision and approval. And here it may be well to state, that although under the _122nd section_, I was when acting singly in Ireland invested with all the powers of a board, and might make and issue all orders and regulations with the exception of “general rules,” yet I never directly exercised this power, but forwarded every such instrument to be approved and sealed by the board in London. This course was adopted in consideration that it afforded greater certainty of keeping up a unity of action, and a more complete interchange of information between the two boards, than would be likely to exist if the commissioner acting in Ireland were to frame and issue orders without the participation of his colleagues acting in England.

At the commencement of their proceedings, the assistant-commissioners found that vague and often very exaggerated notions prevailed with regard to the new law, and their approach was at first everywhere viewed with more or less of suspicion and alarm. By great patience and perseverance however in explaining the objects and intentions of the Act, and by the examples they were enabled to cite of the working of the amended law in England, they generally succeeded in removing these impressions, and in obtaining a willing co-operation; so that ere long, the requirements of the law, if not universally popular, were at least very generally acquiesced in. Perhaps this change may also have been in some degree owing to the magistrates and the clergy of each denomination having been furnished with copies of the Act, elucidated by copious explanatory notes, and likewise with copies of the Reports on which the Act was founded. The extensive correspondence which was continually going forward, and the frequent personal communications with the board in Dublin, contributed moreover to diffuse information as to the nature objects and working of the law, and not only helped to prepare the way for its introduction, but proved likewise the means of raising up zealous administrators for carrying it into execution.

[Sidenote: 1839.
First report of proceedings in Ireland.]

Having thus generally stated the nature of the preliminary arrangements for bringing the law into operation, it is now proposed, as in the author’s ‘History of the English Poor Law,’ and as is also done in his ‘History of the Poor Law of Scotland,’ to take the Commissioners’ annual Reports as the groundwork of the narrative. Their first Report of proceedings is dated 1st May 1839.[89] It comprises only a short period, and will not require a lengthened notice; but it is of considerable interest, as showing the steps earliest taken in the introduction of the measure.

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[89]

This is included in the fifth annual Report of the Poor-Law
Commissioners, but I shall continue to number the Reports of
proceedings in Ireland separately, without regard to the number of the
commissioners’ general Reports.

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[Sidenote: Election proceedings.]

As the time approached for declaring Unions, and for constituting boards of guardians, it was necessary be prepared for conducting the elections. Arrangements were accordingly made, with the sanction of the Irish government, for the distribution and collection of the voting-papers by the constabulary; and as the commissioners were immediately responsible for the appointment of returning officers to conduct the elections, the assistant-commissioners were directed to seek for and recommend competent individuals for the purpose, that is, some one in each district about to be united who was well known, and possessed the confidence of the ratepayers; and the Report states that there is every reason to be satisfied with the manner in which the selections have been made.

To aid the returning officers in the performance of their novel duties, they were furnished with ample instructions on every point not provided for in the election order; and the assistant-commissioners were required to attend at all the early stages of the proceedings in every union, to afford such further assistance and counsel as might be necessary. Some few irregularities occurred, but not more than was to be expected under the circumstances. There were likewise a few instances of party or sectarian feeling, but in no case were improper individuals returned as guardians; and allowance being made for the want of previous training, the Irish boards will, it is said, “fairly bear a comparison with the boards in England,” and a hope is confidently expressed that the measure will not fail through the want of an efficient executive.

[Sidenote: The workhouses.]

Relief in the workhouse being the only mode of relief sanctioned by the Act, it was evident that until a workhouse is provided the law must be practically inoperative. Attention was therefore early directed to this object, for the due execution of which the commissioners were alone responsible; and much pains were taken to ascertain the kind of buildings that would be most suitable, having regard to the circumstances of the country and the habits of the people. After extensive inquiry, as well in England as in Ireland, and a careful consideration of the whole subject, it was determined to engage an architect experienced in the construction of English workhouses, and to employ him in conjunction with the assistant-commissioners, and with the aid of the best local information that could be obtained, in devising a series of plans for the Irish workhouses, of different sizes, together with descriptive specifications and estimates for each.[90] This was accordingly done, and the proceeding was fully justified by the result. The style of building adopted for the workhouses, was of the cheapest description compatible with durability; and effect was sought to be obtained through harmony of proportion and simplicity of arrangement, all mere decoration being studiously excluded. The unoccupied barracks were originally proposed to be converted into workhouses, and at first a few of the unions were arranged with a view to this object. But after repeated discussions with the Ordnance authorities, it became evident that very few if any of these buildings could be obtained, the whole appearing to be considered necessary for military purposes.[91]

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[90]

The architect engaged for this service was Mr. Wilkinson, who had
erected several of the English workhouses, and who continued to
superintend the building operations in Ireland until all the
workhouses were completed, and for some years subsequently.

[91]

A portion only of one barrack was ultimately taken, that of Fermoy;
and it turned out to be neither satisfactory nor economical. At the
end of a few years it was restored to its original use, and a new and
more convenient workhouse was provided for the union.

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[Sidenote: Valuations and rating.]

One of the first duties to which a board of guardians is required to attend, was the valuation of the property within the union for the purpose of its being rated to the relief of the poor. This under any circumstances is a matter of some difficulty, but in Ireland the difficulty was increased by the condition of the country, and the absence in many parts of any reliable data for framing such a valuation. To assist the guardians in the performance of their duties in this respect, they were furnished with very full instructions, pointing out in detail the principle on which the valuation and the rating were to be conducted, and all that was necessary to be attended to, in order to fulfil what the law required.

Shortly after the commencement of operations in Ireland, it was discovered, as has been before stated, that there were certain defects in the Act, which it was necessary forthwith to remedy; and this it has been shown was accordingly done by the passing of the _2nd Vict., cap. 1_,[92] until after which no union could be formed in Dublin and some of the other chief towns, owing to the townland division not being there known.

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[92]

Ante, p. 233.

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[Sidenote: Unions declared.]

On the 25th of March, the end of the usual parochial year, the Report states that—“the number of unions declared was 22, and that in 18 of these boards of guardians had been elected. The requisite statistical details were also completed for nine other unions, which would shortly be declared, and considerable progress had likewise been made in arranging nine more.” Such were the results of somewhat less than six months’ operations in the introduction of the Irish Poor Law, and they were generally regarded as satisfactory, and as warranting an expectation of the successful introduction of the measure.

[Sidenote: 1840.
Second report of proceedings in Ireland.]

The Report of the second year’s proceeding is dated 30th April 1840, and is considerably longer than the preceding Report. It was moreover report of accompanied by an Appendix containing copies of Orders and Reports, in fact a copy of each class of important documents issued or received by the Dublin board, thus showing not only everything that was done for bringing the law into operation, but also the mode of doing it, and whatever took place in connexion with it.

[Sidenote: Unions declared, and workhouses in progress.]

The first Report brings the proceedings down to the 25th of March 1839. The second Report brings them down to the same date in 1840, at which time the number, of unions declared was 104, and it was thought that 30 more would probably complete the number into which it might be desirable that the country should be arranged. This would be a greater number than was at first contemplated, but a strong desire for small unions was found to be very general; and this desire, added to the want of convenient centres, and other local circumstances, led to an increase of the number beyond the original estimate. Sixty workhouses had been contracted for, and were in progress of building, and arrangements for ten others were considerably advanced.

[Sidenote: Three additional assistant-commissioners.]

It soon appeared to be on many accounts exceedingly desirable, not only that the formation of the unions, but also that the necessary arrangements for administering relief, should be urged forward as rapidly as possible. The government concurred in this view, and sanctioned the appointment of two additional assistant-assistant-commissioners,[93] who after a short training in England, were assigned to their respective duties in Ireland, whither also another of the English assistant-commissioners was transferred.[93] The valuable services of Mr. Earle were in the present year withdrawn from the commission, and he was succeeded in the charge of the Dublin district by Mr. Hall, who had previously been acting in England.

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[93]