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to audit Accounts incomplete.

Certain Limitation in

11 & 12 Vict.

c. 43. not to

apply to Proceedings by

Auditors.

In Proceedings for Penalties

and Forfeitures under Act

5 W. 4. or any subsequent Statute, full

Costs to be allowed.

Auditors may recover Costs of Proceedings to enforce due Attendance at the Audit.

to audit the Accounts of the several Parishes or Unions which may then be ready to be audited; and such temporary Auditor shall have the same Powers and Authorities, and shall be subject to the same Obligations and Duties, as the ordinary Auditor would have possessed or would have been subject to, and shall receive such Remuneration as the said Commissioners shall direct for the Performance of his Services herein.

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IX. And whereas in the Act of the last Session of Parliament, intituled An Act to facilitate the Performance of the 'Duties of Justices of the Peace out of Sessions within England ' and Wales with respect to summary Convictions and Orders, it is enacted, that in all Cases where no Time had then been or should thereafter be specially limited for making the Complaints, or laying the Informations therein referred to, every such Com'plaint should be made and every such Information laid within Six Calendar Months from the Time when the Matter of such Complaint or Information respectively arose; and Doubts have 'been entertained whether the Provision aforesaid applies to Proceedings by Auditors to recover Sums certified by them to be due in the Accounts of Officers or other Persons, and it is desirable to remove such Doubts:' Be it therefore declared and enacted, That nothing in the Provision of the said Act herein recited shall be deemed to apply to any such Proceeding by any Auditor, but that no Auditor shall commence any such Proceeding after the Lapse of Nine Calendar Months from the Disallowance or Surcharge by such Auditor, or, in the event of an Application by way of Appeal against the same to the Court of Queen's Bench or to the Poor Law Board, after the Lapse of Nine Calendar Months from the Determination thereupon.

X. And be it enacted, That in the Case of the Prosecution of any Information, or the Proceeding for any Penalty or Forfeiture, or for enforcing any Order under the said Statute of the Fifth Year of the Reign of His late Majesty King William the Fourth, or of any subsequent Statute incorporated therewith, where Judg ment shall be given against the Defendant, and the Justices shall order or direct such Defendant to pay the Costs, such Costs shall, in addition to other Costs lawfully chargeable, include all such Costs and Expenses incurred in respect of such Prosecution or the laying of such Information, or the preferring of the Complaint, or the making of the Application, and the Attendance of the Party, or his Counsel or Attorney, and the summoning and Attendance of the Witnesses required to prove the Case, as the Justices shall think fit to allow, and find to have been reasonably and properly incurred.

XI. And be it enacted, That where any Auditor shall lay any Information for a Penalty in consequence of the Default of any Officer or other Person to attend the Audit, or the Adjournment thereof, or to produce the proper Account or Vouchers, or to make or sign the proper Declaration before him, the Costs incurred by such Auditor, when not recovered from the Defendant in such Information, shall, if the Poor Law Board consent thereto, be payable to such Auditor, and be chargeable in like Manner as the Costs incurred by an Auditor in enforcing the Payment of Sums certified by him to be duc.

XII. And

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being sent.

XII. And whereas by the said Act of the Fifth Year of the Orders of the 'Reign of His late Majesty King William the Fourth Provision Poor Law Comis made for the sending of Copies of the Rules, Orders, and Regu- missioners or Poor Law lations of the Poor Law Commissioners to certain Persons therein Board may be 'described; and it is also therein enacted, that no Rule, Order, acted upon, if or Regulation of the said Commissioners, except certain Orders the Parties therein specially excepted, shall be in force until the Expiration think fit, within of Fourteen Days after the Copies thereof shall have been sent the Fourteen by the said Commissioners: And whereas Parties to whom such Days after Orders have been addressed have often acted in conformity therewith within the Period of Fourteen Days, and it is often 'convenient that they should do so: Be it therefore enacted, That nothing in the said Act contained shall be taken to invalidate any Act or Proceeding heretofore or hereafter to be done or taken in conformity with any Order of the said Commissioners or of the Poor Law Board by the Person or Persons to whom the same shall have been or shall be addressed, although the Period of Fourteen Days shall not have elapsed from the sending of the Copies of the said Order when any such Act shall have been done or Proceeding taken.

XIII. And be it enacted, That no Writ of Certiorari shall be Limitation of granted, issued forth, or allowed to remove into the Court of Time on Issue Queen's Bench any Order, Rule, or Regulation of the Poor Law of Certiorari to Commissioners, or of the Poor Law Board, heretofore made, unless of Poor Law bring up Orders such Certiorari be moved or applied for within Twelve Months Commissioners, next after the passing of this Act; and in respect of any Order, &c. Rule, or Regulation to be hereafter made, within Twelve Months next after the Day when the Copy thereof shall be sent in the Manner required by the several Statutes in that Behalf.

may contract

to receive in their Work

within certain Limits.

XIV. And be it enacted, That where the Workhouse of any Guardians of a Union or Parish shall be governed and regulated by Rules, Orders, Union or Parish or Regulations of the Poor Law Commissioners or of the Poor Law Board, the Guardians of the Union or Parish to which such Workhouse belongs, in case of the overcrowding of the Work houses certain house of any other Union or Parish, or the Prevalence or reason- Poor belonging able Apprehension of any epidemic or contagious Disease, or in to some other and towards carrying out any legal Resolution for the Emigration Union or Parish of poor Persons, may, with the Consent of the Poor Law Board, receive, lodge, and maintain in the first-mentioned Workhouse, upon such Terms as shall be mutually agreed upon by the respective Boards of Guardians, any poor Person belonging to such other Parish or Union; and such poor Person so received into such first-mentioned Workhouse shall while therein be treated in all respects in like Manner, and be subject to the same Regulations and Liabilities, as the other poor Persons therein, and shall be deemed to be chargeable in the first instance to the Common Fund of the Union or to the Parish in the Workhouse whereof such poor Person shall be received: Provided always, that the abiding of any such poor Person in such Workhouse shall in all other respects be attended with the same legal Consequences as if such Workhouse had been situated within the Union or Parish from which such poor Person shall have been sent.

XV. And whereas the Guardians of certain Unions and Mode of de'Parishes under the Authority of the Orders of the Poor Law scribing ColCommis. lectors of Poor

LI 3

Rates in In

dictments for Larceny and Embezzlement.

Guardians may appropriate

of Paupers.

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• Commissioners and of the Poor Law Board are empowered to appoint Collectors of Poor Rates and Assistant Overseers for some One or more of the Parishes comprised within their Union or for their Parish, as the Case may be, who collect and receive the Money and other Property of the Parish or Parishes for which they are appointed; and in Cases of Embezzlement or Larceny of such Money or Property by such Collector or Assistant Overseer Difficulty has arisen as to the proper Description of his Office in the Indictment or other Proceeding: Be it therefore enacted, That in respect of any Indictment or other Criminal Proceeding every Collector or Assistant Overseer appointed under the Authority of any Order of the Poor Law Commissioners or the Poor Law Board shall be deemed and taken to be the Servant of the Inhabitants of the Parish whose Money or other Property he shall be charged to have embezzled or stolen, and shall be so described; and it shall be sufficient to state any such Money or Property to belong to the Inhabitants of such Parish, without the Names of any such Inhabitants being specified.

XVI. And be it enacted, That where any Pauper shall have in his Possession or belonging to him any Money or valuable certain Property Security for Money, the Guardians of the Union or Parish within which such Pauper is chargeable may take and appropriate so much of such Money or the Produce of such Security, or recover the same as a Debt before any Local Court, as will reimburse the said Guardians for the Amount expended by them, whether on behalf of the Common Fund or of any Parish, in the Relief of such Pauper, during the Period of Twelve Months prior to such taking and Appropriation, or prior to such Proceeding for the Recovery thereof (as the Case may be); and in the event of the Death of any Pauper having in his Possession or belonging to him any Money or Property, the Guardians of the Union or Parish wherein such Pauper shall die may reimburse themselves the Expenses incurred by them in and about the Burial of such Pauper, and in and about the Maintenance of such Pauper at any Time during the Twelve Months previous to the Decease.

Expenses of
Burials recover

able as Loans.

Guardians and Vestry in Parishes under Local Acts

enabled to consent to Orders

of the Poor

Law Board.

XVII. And be it enacted, That it shall be lawful for the Guardians of any Union or Parish to pay the Costs of the Burial of any poor Person dying out of the Limits of such Union or Parish who was at the Time of the Death in the Receipt of Relief from such Guardians, and that the Cost of burying any poor Person by or under the Direction of any Guardians or Overseers shall be recoverable in like Manner and from the same Parties as the Cost of any Relief (if given to such Person when living) would have been recoverable.

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XVIII. And whereas by the said recited Act of the Fifth Year of the Reign of His late Majesty the Poor Law Board are empowered, by and with the Consent in Writing of a Majority of the Guardians of any Union, or with the Consent of a Majority of the Rate-payers and Owners of Property entitled to vote in any Parish, by Writing under their Hand and Seal, to make certain Orders for the building, purchasing, hiring, enlarging, or altering of a Workhouse: And whereas in many Parishes, not comprised in any Union, the Affairs relating to the

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the Relief of the Poor are managed by a Select Vestry, or by 'Guardians appointed or elected under the Authority of some Local Act, and in such Parishes it is difficult to obtain the Opinion of the Rate-payers and Owners of Property upon any 'such Question:' Be it therefore enacted, That in any Parish where there shall be a Select Vestry lawfully appointed, or a Board of Guardians appointed under any Local Act, the Consent in Writing of the major Part of the Select Vestry, or of the Guardians, as the Case may be, shall be sufficient to enable the Poor Law Board to issue any Order, Rule, or Regulation in all such Cases as are herein-before referred to, where the Consent of the Rate-payers and Owners of Property would but for this Pro vision have been requisite; provided that where in any Parish there shall be a Select Vestry and also a Board of Guardians, the Consent in Writing of the major Part of the Vestry or . Guardians shall be sufficient, according as such Vestry or Guardians respectively shall by Law be empowered to carry the Directions of the said Board into execution.

XIX. And be it enacted, That in the Case of an Equality of In case of Votes upon any Question at a Meeting of the Guardians of any Equality ChairUnion or Parish the presiding Chairman at such Meeting shall man to have have a second or casting Vote.

XX. And be it enacted, That the Guardians of any Union, or of any separate Parish for which a Board of Guardians is or shall be established, may expend, with the Order and subject to the Rules and Regulations of the Poor Law Board, but not otherwise, any Sum of Money not exceeding Ten Pounds for each Person, in and about the Emigration of poor Persons having Settlements in such Parish, or in any Parish in such Union respectively, without the Necessity of the Rate-payers and Owners of Property therein meeting and giving their Consent (as required by the said Act of the Fifth Year of King William the Fourth) to such Expenditure, and such Guardians shall charge the same to the Parish of the Settlement, in every Case where such poor Person resided therein or was removeable thereto at the Time of the Emigration: Provided always, that the Guardian or (if more than One) a Majority of the Guardians of such last-mentioned Parish shall express his or their Concurrence in Writing in the Resolution of the Board of Guardians for such Expenditure, and that such written Concurrence shall be transmitted by the Clerk of the Union in communicating that Resolution to the Poor Law Board: Provided also, that the aggregate Amount of the Monies expended in the Course of any One Year in and about the Emigration of such poor Persons shall not exceed One Half the average yearly Poor Rate raised in the said Parish for the Three preceding Years.

casting Vote. Guardians may expend limited Sum for Purposes of Emigration without

a previous Vestry Meeting.

XXI. And be it enacted, That the several Words used in this Interpretation Act shall be construed in the Manner prescribed by the said Clause, and recited Act of the Fifth Year of the Reign of His late Majesty, Incorporation and the Statutes explaining and extending it; and that the Com- of the Statutes. missioners for administering the Laws for Relief of the Poor in England may be described in all Instruments, Documents, and Proceedings in Courts of Law or otherwise, and may execute all Powers and Authorities from Time to Time vested in them,

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by the Name of "The Poor Law Board," and by such Name shall be understood in this Act; and that all the Provisions of the said last-mentioned Act and of the said Statutes not repealed shall extend to this Act, except where any such Provision would be inconsistent with anything herein contained.

XXII. And be it enacted, That this Act shall extend only to England and Wales.

XXIII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

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W

CA P. CIV.

An Act to amend the Acts for the more effectual Relief of
the destitute Poor in Ireland.
[1st August 1849.]
WHEREAS it is expedient to amend the Laws in force for
the more effectual Relief of the destitute Poor in Ireland :'
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, That for the Purpose of
charging the Expense of Relief to any Electoral Division every
Person making Application for Relief shall, after the passing of
this Act, be deemed to have been resident in such Electoral
Division in which during the Period of Three Years next imme-
diately before his Application for Relief he shall have been longest
usually resident, whether by usually occupying any Tenement
situate or by usually sleeping within such District: Provided
always, that where any such Person shall not have occupied
a Tenement or slept within any such Electoral Division for at
least Twelve Months in the whole during the said Period of
Three Years, the Expense of the Relief of such Person shall in
such Case be borne by and charged against the whole Union in
which he or she is relieved; provided also, that where any Person
chargeable to any Electoral Division shall have received Relief,
and shall cease to be relieved, and shall thereafter, within the
Period of Twelve Months, again begin to receive Relief, such
last-mentioned Relief shall be chargeable on the Electoral Divi-
sion to which such Person was in the first instance chargeable ;
provided also, that the Cost for the Relief of destitute Poor who
shall not have resided in the Union where such Relief is given
for the last Three Years next previous to receiving such Relief
shall be charged and chargeable according to the Provisions of
an Act passed in the Tenth Year of Her present Majesty, inti-
tuled An Act to make further Provision for the Relief of the
destitute Poor in Ireland.

II. And be it enacted, That so much of an Act passed in the Second Year of Her present Majesty's Reign, intituled An Act for the more effectual Relief of the destitute Poor in Ireland, as authorizes and empowers the Commissioners therein mentioned, in case of a total or partial Dissolution of any Union, or other Alteration of the Limits thereof, to ascertain the proportionate Value of any Property to any Townland, and the proportionate Amount of the Liabilities chargeable to any Townland affected by such Alteration, and to fix the Amount payable to or from

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