c. 56, award such Costs to the Party appealing or ap. 1 & 2 Vic. pealed against as they shall think proper; and IRISH Poor their Determination in or concerning the Premises shall be conclusive and binding on all Parties, to all Intents and Purposes whatsoever. PROTECTION OF OFFICERS. RELIEF ACT, 1838. 113. And be it enacted, That no Action Limitation or Suit shall be commenced against any of Actions. Commissioner, Assistant Commissioner, or any other Person, for anything done in pursuance of or under the Authority of this Act, until Twenty-one Days' Notice has been given thereof in Writing to the Party or Person against whom such Action is intended to be brought, nor after sufficient Satisfaction, or Tender thereof, shall have been made to the Party aggrieved, nor after Three Calendar Months next after the Act committed for which such Action or Suit shall be so brought; and every such Action shall be brought, laid, and tried, where the Cause of Action shall have arisen, and not in any other County or Place; and the Defendant in such Action or Suit Defendant may plead the General Issue, and give this may plead Act and any special Matter in Evidence, at Issue, &c. any Trial which shall be had thereupon; and if the Matter or Thing shall appear to have been done under or by virtue of this Act, or if it shall appear that such Action or Suit was brought before Twenty-one Days' Notice thereof given as aforesaid, or that sufficient Satisfaction was made or tendered as aforesaid, or if any Action or Suit shall not be commenced within the time before limited, or shall be laid in any other County than as aforesaid, then the Jury shall find a Verdict for the Defendant therein; and if a Verdict shall See note in p. 1. The Assistant Commissioners are now called "Inspectors." General c. 56, RELIEF ACT, 1838. 1 & 2 VIC. be found for such Defendant, or if the Plaintiff IRISH POOR in such Action or Suit shall become Nonsuit, or suffer a Discontinuance of such Action, or if, upon any Demurrer in such Action, Judgment shall be given for the Defendant therein, then and in any of the Cases aforesaid such Defendant shall have Costs, Charges, and Expenses, as between Attorney and Client, and shall have such Remedy for recovering the same as any Defendant may have for his or her Costs in any other Case by Law. Costs. Orders removable CERTIORARI. 114. And be it enacted, That no Order by Certiorari of the Commissioners or Assistant Commisinto Court of sioners or Guardians, or any of them, made Bench but under the Powers of this Act, or Rate made in force until under this Act', shall be removed or remov Queen's to continue declared illegal. Notice to be given to Commis able by Writ of Certiorari into any Court of Record, except Her Majesty's Court of Queen's Bench at Dublin; and that every Order of Rate which shall be removed by Writ of Certiorari into the said Court of Queen's Bench, or the Legality of which shall be called in question in any other legal Proceedings, shall nevertheless, until the same shall be declared illegal by that Court, continue in full Force and Virtue, and be obeyed, performed, and enforced in such and the same Manner, and by such and the same Ways and Means, as if the same had not been so removed, or the Legality thereof had not been called in question. 115. And be it enacted, That no Application shall be made for any Writ of Certiorari for the Removal of any such Order ef for Writ of Rate', except to the Judges when sitting in sioners of Application Certiorari, &o. See note in p. 1. The Assistant Commissioners are now called "Inspectors." The Act 2 Vic. c. 1, § 10 (p. 99), repeals so much of this Act as relates to the removal of Rates by Writ of Certiorari, into the Court of Queen's Bench. 1 & 2 VIC. c. 56. 1838. the said Court, nor unless Notice in Writing shall have been left at the Office of the Com- IRISH POOR RELIEF ACT, missioners in London ora Dublin at least Ten Days previous to such Application being made, and in which Notice shall be set forth the Name and Description of the Party by or on behalf of whom and the Day on which it is intended to make such Application, together with a Statement of the Grounds thereof; and thereupon it shall be lawful for the Com- Commismissioners to show Cause in the first instance show cause. against such Application, and the Court may, if it shall so think fit, forthwith proceed to hear and determine the same upon the Grounds set forth in such Notice. sioners may zances to be Application 116. And be it enacted, That the Party Recognior Parties applying for any Writ of Certio- entered into rari for the Removal of any such Order or previous to Rate shall, previous to such Application for Writ. being heard, enter into a Recognizance, with sufficient Sureties, before One of Her Majesty's Justices of the Court of Queen's Bench in Dublin, or before a Justice of the Peace of the County or Place in which such Person shall reside, in the Sum of Fifty Pounds, with Condition to prosecute the same, at his or their Costs and Charges, with Effect, without any wilful or affected Delay; and in Default thereof, or in the Event of such Writ being refused or of such Order being deemed legal, to pay the Commissioners their full Costs, Charges, and Expenses, to be taxed according to the Course of the said Court of Queen's Bench; and in any such Case, the Commis- In what sioners entitled to such Costs, within Ten Cases ComDays after Demand made of the Person or to be enPersons who ought to pay the said Costs, Costs. ■ See note on § 1 (p. 1); and 10 & 11 Vic. c. 90, separating the administration of the Poor Law in Ireland from that in England (§ 1 and proviso in § 9, pp. 151, 157). See note b in p. 84. missioners titled to 1 & 2 VIC. o. 56, RELIEF ACT, upon Oath made of the making such Demand, IRISH POOR and Refusal of Payment thereof, may recover 1838. the same in the same Manner as any Penalties and Forfeitures are recoverable under this Act.a If Orders are quashed, be notified to Unions to which such Orders have been directed. 117. And be it enacted, That if upon the the same to Hearing of the Application the Court shall order a Writ of Certiorari to issue for bringing up any such Order, and the same, being brought into Court, shall be quashed as illegal, the Commissioners shall forthwith notify the Judgment of the Court to all Unions to which such Order shall have been directed; and the same shall from the Time of receiving such Notice respectively be deemed and taken to be null and void to all Intents and Purposes whatsoever: Provided always, that such Judgment shall not have the Effect of annulling any Contracts made in pursuance or upon the Authority of any such Order, which at the Receipt of such Notice respectively shall have been executed by either of the contractNo Person ing Parties: Provided also, that no Person shall be liable to be prosecuted, either by Indictment or by Civil Action, for or in respect of any Act done by him before the Receipt of such Notice, under the Authority and in pursuance of such Order. Proviso for existing to be answerable until Receipt of Notice. Explana tion of Term "Poor Law Commissioners." MODIFICATIONS OF THE POOR LAW COMMISSION. 118. And be it enacted and declared, That the Words Poor Law Commissioners," and the Words referring to such Commissioners in this Act, shall be taken to mean the Poor Law Commissioners for England and a § 99, 103 (pp. 74, 76). b See 10 & 11 Vic. c. 90 (p. 151), providing for the administration of the Laws for the Relief of the Poor in Ireland by a separate Commission constituted for Ireland under that Act, by which these provisions are now superseded. The constitution of that Commission has since been modified under the Medical Charities Act, 14 & 15 Vic. c. 68, § 1 (p. 199). & 2 VIC. c. 56, RELIEF ACT, Style of sioners. Wales appointed under the Authority of an 1 Act passed in the Fourth and Fifth Years of IRISH POOR the Reign of His late Majesty, intituled “An 1838. Act for the Amendment and better Adminis- 4 & 5 Wm. 4, tration of the Laws relating to the Poor in c. 76. England and Wales"; and that the said Cem- Change of missioners for the Time being shall from and Commis after the passing of this Act be styled "The Poor Law Commissioners," and by that Name shall have all the Powers and be subject to all the Obligations conferred or imposed on them by the said Act or by any other Aets by the Name of The Poor Law Commissioners for England and Wales;" but all Preecedings in Law or in Equity commenced, and all Deeds or Instruments made and executed, and all Orders and Summonses made and issued before the passing of this Act wherein the said Commissioners shall be styled "The Poor Law Commissioners for England and Wales," shall be continued, and shall have the same Foree and Effect after the passing of this Act, as if the said Commissioners were therein styled "The Poor Law Commissioners. Commis 4 & 5 Wm. 4, 119. And whereas by reason of the Pre- Power to visions of this Act the Duties of the Poor Law the Queen to appoint Commissioners may be greatly increased; be a Fourth it therefore enacted, That it shall be lawful sioner. for Her Majesty, Her Heirs and Successors, by Warrant under the Royal Sign Manual, to appoint a Fourth fit Person to be a Commis sioner to carry the said Act of the Fourth and Fifth Years of His late Majesty and this Act c. 76. into execution, conjointly with the Three Com missioners appointed by virtue of the said Act; and all the Provisions contained in the said Act, or in any other Aet passed or to be passed, in any way affecting the said Commissioners appointed under the said Act or this Act, Or any of them, shall extend to any Fourth |