Poor Relief (Ireland) Act 1843
| Jurisdiction | Ireland |
| Citation | 1843 c. 92 |
| Year | 1843 |
(6 & 7 Vict.) C A P. XCII.
[24th August 1843]
'WHEREAS it is expedient that certain Amendments should be made in the Provisions of an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty, intituled Ireland, and of an Act passed in the Second Year of the Reign of Her present Majesty, to amend the same:' 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 whenever the net annual Value of the whole of the rateable Hereditaments in any Union occupied by any Person or Persons having no greater Estate or Interest therein than a Tenancy from Year to Year, or holding under any Lease or Agreement, Leases or Agreements, made after the passing of this Act, shall not exceed Four Pounds, or, in any Electoral Division situated wholly or in part within any of the Boroughs named in the Schedule annexed to this Act, shall not exceed Eight Pounds, the Rate in respect of such Property shall, after the passing of this Act, be made on the immediate Lessor or Lessors of such Person or Persons; and if at the Time of making any Rate the Name of the immediate Lessor be not accurately known to the Persons making the Rate, it shall be sufficient to describe him therein as ‘the immediate Lessor,’ with or without any Name or further Addition, and such Rate shall be held to be duly made on him by such Description, and shall be recoverable from him accordingly, notwithstanding any Error or Defect in his Name or Description, or the entire Omission of his Name therein.
II Recovery of Rates from Lessors by Action of Civil Bill, or by Warrant of Distress.
II. And be it enacted, That any Rate or Rates made as aforesaid on any Lessor in respect of any Property, whether occupied by One or more Occupiers, shall be recovered from him by all or any of the Remedies, Ways, and Means herein-after mentioned; (that is to say,) by Action or Suit in the Name of the Guardians of the Union against such Lessor in any of the Superior Courts of Record inDublin , or by Civil Bill in the Court of proper Jurisdiction, or where such Lessor resides within any County in which such Union or any Part thereof is situate, whether the Property in respect of which such Rate is made be or be not within such County, the Collector of the Rate may, by Direction of the Guardians, leave at the Dwelling House of such Lessor a Notice, bearing Date the Day and Year of serving the same, subscribed with the Name and Abode of such Collector, requiring Payment of the Rate within Fifteen Days from the Date of such Notice, and expressing that within Fifteen Days the Money demanded may be paid to the Collector at his House or Office; and if such Rate be not paid within such Time, then it shall be lawful for such Collector to prefer a Complaint to any Justice of the Peace of the County in which the Lessor may so reside, and such Justice shall summon the Lessor so complained against to appear before him in Petty Sessions and answer the said Complaint, and shall at the Time specified in such Summons examine into the Matter of such Complaint on Oath (which Oath the Justice is hereby empowered to administer), and shall direct the Payment to such Collector of such Sum of Money as he shall find due and payable as Rate by such Lessor, together with a Sum certain as and for such reasonable Costs and Charges as to such Justice shall seem meet; and in default of the Appearance of such Lessor, or on his Refusal or Neglect forthwith to pay the Sum or Sums so by such Justice directed to be paid, it shall be lawful for such Justice, or for any Justice of the Peace for such County, to issue his Warrant authorizing or empowering the said Collector to levy the Money thereby ordered to be paid by Distress and Sale of any Goods or Chattels of such Lessor which may be found within any Part of such County, rendering the Overplus, if any, to such Lessor, the necessary Charges and Expences of distraining being first thereout deducted, as directed by such Justice; and if sufficient Distress cannot be found within the same County, then on Oath thereof made before any Justice of the Peace of any other County in which any of the Goods and Chattels of such Lessor may be found (which Oath such Justice shall administer, and certify by indorsing in his Handwriting his Name on the Warrant granted to make such Distress), the Goods or Chattels of such Lessor shall be subject and liable to such Distress and Sale in such other County where the same may be found, and may by virtue of such Warrant and Certificate be distrained and sold in the same Manner as if the same had been found within such first-mentioned County; and in any such Action or Suit, or Civil Bill, or Complaint before a Justice of the Peace against such Lessor as aforesaid, no Lessee or Occupier of the Property in respect of which such Lessor shall be rated shall be disabled or prevented from giving Evidence therein by reason of his being such Lessee or Occupier, or of any Liability to pay Rate in respect of such Property: Provided always, that no Action shall be brought in any of the Superior Courts of Record inDublin without the Consent of the Poor Law Commissioners.
III If Rate be not paid by the Lessor it may be recovered from the Occupier, who may deduct it from Rent.
III. And be it enacted, That if such Rate be not paid by such Lessor within Four Calendar Months after the making thereof it shall be lawful for the Guardians of the Union to give Notice in Writing, in the same Manner in which Summonses may be served under the said first-recited Act, to the Occupier or respective Occupiers of any such Property, to pay the Rate due in respect of the Property in his or their Occupation; and after the Expiration of One Calendar Month from the Time of giving such Notice it shall be lawful to recover such last-mentioned Rate from every such Occupier, or, in his Default, from any subsequent Occupier, according to the Provisions of the said Act; and every Occupier so paying such Rate may deduct from the Rent he may be then or next thereafter liable to pay in respect of any such Property the whole of any Rate he may have paid in respect of the same Property; and if Rent sufficient to cover such Rate be not then or do not thereafter become due from such Occupier he shall be entitled to recover the same from such Lessor by Civil Bill; and any Covenant or Agreement by which any such Occupier shall have covenanted or agreed to forego the Deduction of any such Rate shall, so far as such Rate is concerned, be of no Effect.
IV Where Houses are let in Lodgings, the Tenant of the whole House to be liable.
IV. And be it enacted, That where any House is let in separate Apartments or Lodgings no Tenant of any such Apartment or Lodging shall be liable to be rated in respect thereof, but the Rate shall be made in respect of the whole of such House upon the immediate Lessor under whom such Apartments or Lodgings are held; and such Rate shall be recovered from such Lessor by all or any of the Remedies, Ways, and Means herein-before provided for the Recovery of Rates where Lessors may be rated: Provided always, that if such Rate be not paid by such Lessor within Thirty-one Days after the making thereof it shall be lawful for the Collector to recover such Rate from any Person or Persons in Occupation of such Apartments or Lodgings, according to the Provisions of the said first-recited Act, and every Occupier of such Apartment or Lodging so paying such Rate may deduct from the Rent he may be then or next thereafter liable to pay in respect thereof the whole of any Rate he may have paid in respect of the same; and if Rent sufficient to cover such Rate and Money be not then or do not thereafter become due from such Occupier, he shall be entitled to recover the same from such Lessor by Civil Bill: Provided always, that nothing herein contained shall prevent the separate Valuation and rating of such Portions of a Tenement as are held separately from the Remainder, and to which there is an exclusive Right of Ingress: Provided always, that nothing herein contained shall prevent the Rate in respect of such House as last aforesaid from being made under the Provisions herein-before contained on the immediate Lessor under whom the whole of such House is held: Provided always, that nothing herein contained shall be construed to repeal or affect the Provisions of an Act of the Third and Fourth Year of the Reign of Her present Majesty, intituled Ireland, which enables any Persons occupying any House, Warehouse, Counting-house, or Shop to claim to be rated to the Relief of the Poor in respect of such Premises respectively, whether the Landlord shall or shall not be liable to be rated to the Relief...
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