24 & 25 VICT. CAP. 76. An Act to amend the Law relating to the Removal of Poor Persons to Ireland. [6th August, 1861.] WHEREAS it is expedient that better means should be provided for the safe conveyance to the place of their destination in Ireland of poor persons who may be removed in pursuance of the Act passed in the eighth and ninth years of the reign of Her present Majesty, chapter one hundred and seventeen: Be it therefore 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, 24 & 25 VIC. c. 76, POOR REMOVAL AMENDMENT Аст, 1861. removal to 1. No application for a warrant ordering the Warrant of removal from any place in England to Ireland of be signed in any poor person who shall have become chargeable Petty Sexsions, or by in such place shall be heard and determined except a Police Magistrate. by two or more Justices in Petty Sessions assembled, or by a Stipendiary Magistrate, or Metropolitan Police Magistrate sitting in his court, which Justices or Magistrate (as the case may be) shall see such poor person or the person who is the head of the family proposed to be removed, and shall be satisfied that every person who is proposed to be removed by the warrant is in such a state of health as not to be liable to suffer bodily or mental injury by the removal. contain person to and other 2. Such warrant of removal shall be granted Warran to only on the application of the Relieving Officer or name and other officer of the Guardians of the union or age of every parish where such poor person shall become charge- be removed, able, and shall contain the name and reputed age particulars. of every person ordered to be removed by virtue of the same, and the name of the place in Ireland where the Justices or Magistrates shall find such person to have been born or to have last resided for the space of three years, and a statement of such c. 76, POOR AMENDMENT ACT, 1861. 24 & 25 Vic. examination having been made as to the state of health of every person ordered to be removed as REMOVAL aforesaid; and such warrant shall be addressed to the party applying for the same, and to the Guardians of the union or parish to which such poor person is to be removed, and a copy shall be given by and at the cost of the person applying for such warrant to the person or the head of the family about to be removed by virtue of it: Proviso. Copy of the warrant to be sent Provided that in the case of any native of Ireland who shall have been absent from Ireland less than twelve months the pauper may, if the Guardians applying for the warrant and the Justices or Magistrate issuing it think fit, be removed to any place, other than that above described, with his consent; and provided also, that in any case where the Justices or Magistrate shall not be able to ascertain upon the evidence before them the place of birth, or of such continued residence as aforesaid, they shall order the pauper to be removed to the port in Ireland which shall in the judgment of such Justices under the circumstances of the case be most convenient. 3. The Guardians obtaining the warrant shall send a copy of it, by post, to the Clerk of the to Guardians Board of Guardians of the union in Ireland to of place to which the which such poor person shall be ordered to be to be made. removed, and also a copy of the depositions taken in the case, if the same shall, at any time within three months from the date of the warrant, be required by any such Board of Guardians. removal is Warrant shall order poor persons to be conveyed to the place men 4. Such warrant shall order the removal of the poor person to be made to the place mentioned therein as aforesaid, and shall order the persons charged with the execution thereof to cause such tioned in the poor person, with his family (if any), to be safely conveyed to such place in Ireland, to be delivered at the workhouse of the union containing the port of or nearest to the place of the pauper's ultimate destination". warrant. a So much of this clause as authorizes the conveyance of any poor person to any other place than that mentioned in the warrant of removal, is repealed by 26 & 27 Vic. c. 89, § 1 (p. 596). c. 76, POOR AMENDMENT 1861. dians of the 5. If such union be not such place of ultimate 24 & 25 Vic. destination, the Guardians thereof may, if they think fit, cause the pauper to be removed forthwith REMOVAL to the place mentioned in the warrant, and shall be entitled to be reimbursed the costs incurred in such removal by the Guardians in England on The Guarwhose application the warrant was obtained, such Poor of the costs being the actual expense incurred in and union at the about the conveyance and maintenance of each forward the person so removed, according to the certificate of pauper to the Poor Law Commissioners of Ireland, which destination, costs may, if not paid on demand, be recovered by the costs an action in any County Court having jurisdiction from the in the union or parish in England from which the Guardians removal shall have taken place, at the suit of the Guardians of such union in Ireland". port may the place of and recover Board of in England. children as deck 6. It shall be unlawful to remove any woman Women and or any child under the age of fourteen as a deck not to be passenger in any vessel from England to Scotland removed or Ireland, during the period from the first of passengers October to the thirty-first of March following, and no regulation of Justices authorizing such a removal shall be henceforth legal. during the winter. 26 & 27 VICT. CAP. 89. An Act for the further Amendment of the Law relating to the Removal of Poor Persons, Natives of Ireland, from England. [28th July, 1863.] WHEREAS it is expedient that the law for the removal of poor persons, natives of Ireland, from England, should be amended: Be it therefore 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 a The provisions of this section appear to have been superseded, or to have become practically inoperative, by the repeal of that part of § 4 which authorizes the conveyance of the person removed to any other place than that named in the warrant. 26 & 27 VIC. c. 89, POOR REMOVAL FURTHER AMENDMENT Аст, 1863. 26 & 27 VIC. present Parliament assembled, and by the authority of the same, as follows: c. 89. So much of Vic. c. 76, as authorizes conveyances, other than in warrant, repealed. 1. That so much of the fourth clause of the Act $4 of 24 & 25 of the twenty-fourth and twenty-fifth years of the reigu of Her Majesty, chapter seventy-six, as authorizes the conveyance of any poor person to any other place than that mentioned in the warrant of removal, shall, at the expiration of one month from the date hereof, be repealed. § 3 of 8 & 9 Vic. c. 117, extended to Ireland. § 4 of the same Act repealed. Penalty imposed upon wilful desertion of pauper on the journey. Penalty for 2. Section three of the Act of the eighth and ninth years of Her Majesty, chapter one hundred and seventeen, shall be deemed to have applied and to apply to Ireland as well as to England. 3. Section four of the same Act is hereby repealed. 4. Any person being employed in the execution of a warrant, duly issued under the authority of the said Acts or either of them, who shall wilfully desert any person mentioned therein before he or she shall have been conveyed to the place of destination, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine not exceeding ten pounds, and, in default of payment, to imprisonment for a term not exceeding three months. 5. Any person guilty of violating the provision contained in the sixth section of the Act of twenty24 & 25 Vie. fourth and twenty-fifth Victoria, chapter seventy c. 76. New forms of warrant supplied. six", shall be liable to a penalty not exceeding five pounds, to be recovered on a summary conviction before two Justices or a Police or Stipendiary Magistrate, and the offence shall be deemed to have been committed at the port where the poor person shall be landed. 6. Instead of the forms set forth in the schedule (C) annexed to the said Act of the eighth and ninth Victoria, chapter one hundred and seventeen, the forms contained in the schedule hereunto annexed, or to the like effect, shall be sufficient in regard to poor persons removed to Ireland, with such changes in the names and descriptions of a Prohibiting the removal of women and children as deck passengers during winter. (See p. 595.) b Page 599. c. 89, POOR persons and places as the circumstances of the 26 & 27 VIC. case may render necessary; and except where this Act makes any alteration it shall be deemed to be REMOVAL incorporated with Acts herein referred to. FURTHER AMENDMENT ACT, 1863. Institution 7. If the Board of Guardians of any union in Ireland think themselves aggrieved by the removal of any poor person, and if they forward to the of prelimiPoor Law Commissioners for Ireland a statement nary inquiry and appeal. of the grounds for concluding that such poor person is legally settled in any parish or township in England, or was not in law liable to be removed to Ireland, and if such Board of Guardians, or any person on their behalf, shall agree to pay all costs which may be incurred in any necessary preliminary inquiry and in the appeal against the warrant for the removal of such poor person, such Commissioners, if satisfied that it will be expedient to do so, may appoint some person to make a preliminary inquiry into the circumstances attending such removal, and after such inquiry may, if they think fit, appeal on behalf of the Guardians so aggrieved to the Court of Quarter Sessions held for the county or borough within which the parish or township from which such removal was made is situate, at any time within six months after such removal was completed; and such Commissioners shall, at least twenty-one days before the holding of such Sessions, send by post to the Guardians or Overseers on whose application such warrant was obtained notice in writing purporting to be signed by their Secretary or Chief Clerk of their intention to appeal against such warrant, containing a statement in writing of the grounds of such appeal, and such Court of Quarter Sessions shall hear and determine such appeal; and if the warrant of removal be reversed or declared illegal by such Court, the Guardians or Overseers on whose application the same was obtained shall pay the costs and expenses incurred by or on account of such Board of Guardians, both for the preliminary inquiry and the appeal, and for the maintenance of such poor person, and for conveying such person back to the parish or |