Page images
PDF
EPUB

XXIV. And for the Purpose of extending to other Parts of Ireland the Benefit of the Provisions of this Act, as hereinSchool Districts before made applicable for the Establishment of Schools in the

Unions may be formed into

for the Management of infant

Poor.

Qualifications, Duties, Appointment, Removal, and Salaries of Officers.

Administration of Relief to be subject to the Control of the Poor Law

North and South Dublin Union, be it enacted, That it shall be lawful for the said Commissioners, as and when they may see fit, by Order under their Hands and Seals, to combine Unions into School Districts for the Management of any Class or Classes of infant Poor not above the Age of Sixteen Years, being chargeable to any such Union or any Part thereof, who are Orphans, or are deserted by their Parents, or whose Parents or surviving Parent or Guardian are consenting to the placing of such Children in the School of such District.

XXV. And be it enacted, That the Poor Law Commissioners shall have the same Power and Authority in respect of all Officers appointed under this Act to define and prescribe the Qualifications of such Officers, and their Duties, and the Places or Limits within which those Duties shall be performed respectively, and to determine the Continuance in Office or Removal of such Officers, and to appoint fit and proper Persons in their Room, on the Neglect or Refusal of the Parties competent in that Behalf to appoint, and to regulate from Time to Time the Salaries payable to such Officers, and the Mode of Payment thereof, and the Proportions in which the Salaries shall be charged to the Electoral Divisions of a Union, as the said Commissioners have in respect of paid Officers appointed under the Acts now in force for the Relief of the destitute Poor in Ireland; and the Officers appointed under this Act shall be subject to the same Disqualification or Removal from Office, and shall be liable to the same Penalties and Forfeitures, Actions, Indictments, or other Proceedings, criminal or civil, as the paid Officers appointed under the Provisions of the said Acts now in force as aforesaid.

XXVI. And be it enacted, That the Administration of Relief under this Act shall be subject to the Direction and Control of the Poor Law Commissioners; and all Orders, Rules, and Regulations made by the said Commissioners in execution Commissioners. of this Act shall be of the same Force and Effect, and shall be subject to the same Conditions, as Orders, Rules, and Regulations of the said Commissioners issued in execution of the said Acts now in force.

Accounts of

XXVII. And be it enacted, That the Guardians of every Expenditure to Union and their Officers shall keep Accounts, in such Form as be kept.

the Poor Law Commissioners shall prescribe, of all Expenditure under this Act, and all the Provisions of the said Acts now in force for the Relief of the destitute Poor in Ireland, which relate to the auditing of Accounts of the Guardians and other Persons liable to account under the said Acts, and to the Verification of such Accounts on Oath or otherwise, and to the Disallowance or Reduction of Charges, and to the Recovery of Balances found by the Auditor to be due from such Guardians or other Persons as aforesaid; and all the Provisions of the said Acts which relate

to

to the Powers, Duties, and Proceedings of the Auditors of Unions shall extend and apply to the Accounts of the Expenditure of the Guardians and their Officers under this Act, and to the Balances found to be due thereon from the said Guardians or Officers respectively, and to the Recovery of the said Balances.

XXVIII. And be it enacted, That in every Case of Dis- Recovery of allowance or Reduction by the Auditor in the Accounts of Sums disany allowed. Union, the Auditor shall make and sign a Certificate of such Disallowance or Reduction on the Face of the Book or Account wherein the Charges so disallowed or reduced shall appear, and shall debit the Amount disallowed to the Guardian or Guardians by whose Signature or Initials the Expenditure of the Sum so disallowed shall have been authorized, or if not authorized by the Guardians, then to the Officer or Officers by whom such Expenditure shall have been made, and the Sum so disallowed shall be payable by the Person or Persons debited therewith to the Treasurer of the Union, and it shall be lawful for the said Auditor to proceed for the Recovery thereof, by all the Ways and Means provided by the said first-recited Act for the Recovery of Balances found by the Auditor to be due from any Guardian, Treasurer, or other Person having the Control of the Poor Rate, or accountable for such Balances, or in lieu thereof the said Auditor may summon the Person or Persons so debited to appear before any Two Justices of the County in which the Workhouse of the Union shall be situate, and the said Justices shall, on the Production of the said Certificate of Disallowance or Reduction, inquire whether the Sum disallowed has been paid to the Treasurer of the Union, and on Failure of due Proof thereof by or on the Part of the Person or Persons so debited as aforesaid, shall adjudge the said Person or Persons to pay the said Sum, together with the Costs of the Application, to the said Auditor; and on Failure of such Payment forthwith, shall cause the said Sum and Costs to be levied by Warrant of Distress upon the Goods and Chattels of the said Person or Persons, wheresoever the same may be found, and to be paid to the said Auditor, who shall thereupon pay over the Sum so disallowed and recovered to the Treasurer of the Union.

and Number

XXIX. And be it enacted, That so much of the said first- Annual Return recited Act as provides that there shall be laid annually before of Expenditure both Houses of Parliament, on or before the First Day of May relieved. in every Year, an Account of the Expenditure upon the Relief of the Poor in each Union in Ireland, and of the total Number relieved in each Union, during the Year ended on the First Day of January preceding, shall be repealed; and that in lieu thereof an Account shall annually be laid before Parliament, on or before the First Day of May, of the Expenditure on the Relief of the Poor in each Union in Ireland, and of the total Number relieved in each, during the Year ended on the Twenty-ninth Day of September preceding.

XXX. And be it enacted, That the said Acts now in force Former Acts for the Relief of the destitute Poor in Ireland and this Act shall and this Act to

be One Act.

Act may be amended, &c.

be construed as One Act, except so far as the Provisions of any one of such Acts may alter the Provisions of any previous Act. XXXI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parlia

ment.

[ocr errors]

CAP. XXXII.

An Act to facilitate the Improvement of Landed Property in Ireland. [8th June 1847.] WHEREAS by an Act passed in the Session of Parlia ment held in the First and Second Years of the Reign 1&2 W. 4. c. 33. of His late Majesty King William the Fourth, intituled An Act for the Extension and Promotion of Public Works in Ire

9 & 10 Vict. c. 1.

9 & 10 Vict. c. 101.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

land, it was amongst other things enacted, that it should and might be lawful for the Commissioners of Public Works acting in execution of the said Act to make Loans and Advances in aid of the Drainage, Embankment, reclaiming, or other Inprovement of Land on the Credit of Mortgages, Assignments, or other Assurances of the Estate and Interest, Freehold or Leasehold, on such Land as might be the Subject of such Drainage, Embankment, Reclamation, or other Improvement, upon the Terms and Conditions in the said Act mentioned: And whereas by an Act passed in the Session of Parliament held in the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act for the further Amendment of the Acts for the Extension and Promotion of Public Works in Ireland, it was enacted, that it should and might be lawful for the Commissioners of Public Works in Ireland, subject to such Conditions and Restrictions as are therein-after provided, to make any Loan or Advance for the Purposes aforesaid: And whereas a further Act was passed in the Session of Parliament held in the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act to authorize the Advance of Public Money to a limited Amount, to promote the Improve ment of Land in Great Britain and Ireland by Works of Drainage: And whereas it is expedient that so much of the said thirdly-recited Act as extends to Ireland should be repealed, and that greater Facilities, under proper Conditions and Restrictions, should be given for the Improvement of Lands in Ireland: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of the said thirdly-recited Act as authorizes the Commis sioners of Her Majesty's Treasury to issue for Loans to be made under the Provisions of the said Act any Sums of Money not exceeding One million of Pounds for Ireland, and all the Provisions and Powers in the said Act contained relating to Ireland, and to the Commissioners of Public Works in Ireland, shall be repealed, subject to the Provisions herein-after contained for

[ocr errors]

So much of 9 & 10 Vict.

c. 101. as authorizes the issuing of 1,000,000l. for Ireland repealed.

continuing

continuing under this Act all Proceedings consequent upon any

Application for a Loan under the last-recited Act.

Advances not

II. And be it enacted, That it shall be lawful for the Com- Power to Treamissioners of Her Majesty's Treasury, upon Application of the sury to make Commissioners of Public Works in Ireland, from Time to Time exceeding to issue and advance out of the growing Produce of the Con- 1,500,000l. solidated Fund of the United Kingdom of Great Britain and for Ireland. Ireland such Sum or Sums of Money, to be applied for the Purposes and under the Provisions herein-after contained, as may from Time to Time be required, not exceeding in the whole the Sum of One million five hundred thousand Pounds.

the Commis

III. And be it enacted, That the Commissioners of Public The CommisWorks in Ireland for the Time being shall be the Commissioners sioners of Pubfor the Execution of this Act, and shall for the Purposes of lic Works to be this Act be a Corporation with perpetual Succession and a sioners for the Common Seal, to be by them altered or varied at their Plea- Execution of sure; and such Commissioners shall have full Power, with the this Act. Sanction of the Commissioners of the Treasury, and of the Lord Lieutenant of Ireland, to appoint so many and such Civil Engineers, Surveyors, Agriculturists, Architects, Builders, Clerks, and other Officers as may be necessary for the Purpose of carrying this Act into execution, in the same Manner as the said Commissioners of Public Works may now appoint any Officers and Clerks under any Act or Acts now in force in Ireland, and to pay to them such Salaries as may be determined on by the said Commissioners of Her Majesty's Treasury.

for Works of

IV. And be it enacted, That it shall be lawful for the said Commissioners Commissioners of Public Works, upon Application made to may make Loans them under the Provisions of this Act, and subject to such Improvement. Rules and Regulations as may from Time to Time be made by the Commissioners of Her Majesty's Treasury, to make Loans under this Act for the following Purposes; (that is to say,) for the Drainage of any Lands by any such Means as the said Commissioners shall approve, for subsoiling, trenching, or otherwise deepening and improving the Soil, for Irrigation or warping of Land, for embanking Lands from the Sea or Tidal Waters or Rivers, for enclosing or fencing any Land, or improving the Fences, Drains, Streams, or Watercourses of any Land, for the Reclamation of Waste or other Land, for making Farm Roads, or for clearing Lands of Rocks and Stones.

V. And be it enacted, That no Loan under this Act shall be No Loans to be made until the Application for the same shall have been sub- made until mitted to and sanctioned by the said Commissioners of Her Treasury. Majesty's Treasury.

sanctioned by

VI. And be it enacted, That any Person seised of or entitled Who shall be at Law or in Equity to Land as Tenant in Fee Simple, or in deemed Owner. Fee Tail, general or special, or as Tenant in Dower or by Curtesy, and also any Person who shall be entitled to Land under any Will or Settlement, or any other Deed or Instrument (except a Grant or Lease reserving Rent), for his own Life or the Life of any other Person, or jointly for his own Life and the Life of any other Person or Persons, or for Years determinable

[ocr errors][merged small]

10 VICT. on such Life or Lives, and also any Person who shall be entitled

to Land under any Lease granted by any Collegiate or Ecclesiastical Body, or other Corporation sole or aggregate, or under any Lease granted by any Person having immediate or derivative Title from or under any such Collegiate or Ecclesiastical Body, or other Corporation sole or aggregate, which last-mentioned Lease shall contain a Covenant of perpetual Renewal, or for Renewal toties quoties, and also any Person who shall be entitled to Land under any Grant, Lease, or any other Deed or Assurance for an Estate in Fee, or for an Estate or Interest for any Life or Lives renewable for ever, or for a Term of Years absolute, whereof Forty Years or more shall be unexpired at the Time of Application, or for any Term of Forty Years or more renewable on the Fall of any Life or Lives, or for any Term or Terms of Years renewable for ever, whether such last-mentioned Persons shall be entitled to Land for any such Estate, Term, or Interest, either absolutely or as Tenant in Tail, or as quasi Tenant in Tail, or for Life, and also every Archbishop, Bishop, Parson, or other ecclesiastical Person as to Lands held by them in their respective corporate Capacities, and also every Feoffee or Trustee of any Land, or of any such Estate or Interest therein as aforesaid, for charitable or other Purposes, or of any Estate created for any Term of Years exceeding Forty Years unexpired, determinable upon the Execution or Fulfilment of any Trusts mentioned in any such Grant, Lease, Deed, or Assurance, and also every Trustee of any such Estate or Interest as aforesaid who shall be in the actual Possession of the Land or in receipt of the Rents payable by the Tenants of such Land, shall be deemed an Owner of such Land for the Purposes of this Act; and in every Case in which any Person seised, possessed of, or entitled to any such Land for any such Estate or Interest as aforesaid shall be an Infant, Feme Covert, Idiot, or Lunatic, the Guardian of such Infant, the Husband of such Feme Covert, and the Committee of the Estate of such Idiot or Lunatic shall be deemed an Owner of such Land for the Purposes of this Act: Provided always, that no Person, except a Mortgagee in possession or receipt of Rent of the mortgaged Lands, or any Part thereof, shall be deemed an Owner for the Purposes of this Act for or by reason of any Estate vested in him which shall have been created by way of Mortgage, or for securing the Payment of any Sum of Money, but that the Person who would be deemed an Owner for the Purposes of this Act, if such Estate by way of Mortgage or for securing any Money had not been created, shall, notwithstanding such Mortgage or Security, or any other Incumbrance, be deemed such Owner as aforesaid : Provided also, that a Feme Covert entitled to Rents and Profits for her separate Use, and whether or not restrained from Anticipation, shall for the Purposes of this Act be considered as a Feme Sole: Provided also, that where several Persons in succession shall have in any Land such Estates or Interests as would entitle each of them, under the Provisions aforesaid, to be so deemed an Owner, such of the said Persons shall be deemed the Owner

« PreviousContinue »