The Queen at the prosecution of The Poor-Law Commissioners v The Guardians of The Poor of The Tuam Union

• Jurisdiction: Ireland
• Judgment Date: 20 April 1846
• Date: 20 April 1846
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

THE QUEEN at the Prosecution of THE POOR-LAW COMMISSIONERS

and

THE GUARDIANS OF THE POOR OF THE TUAM UNION.

Reina v. Mayor of HerefordENR 6 Mod. 309.

The Queen v. The Guardians of the Poor of the Limerick Union 7 Ir. Law Rep. 402.

Rex v. Mayor of AbingdonENR 1 Ld. Raym. 559.

Rex v. Trinity College 3 Law Rec. N. S. 150.

Regina v. The Mayor ad Burgesses of PooleENR 1 G. & Dav. 730.

The King v. The Mayor of BristlUNK 1 D. & Ry. 389.

The King v. GriffithsENR 5 B. & Al. 731.

The King v. The Bank of EnglandENR 2 B. & Al. 620.

The Queen v. HopkinsENR 4 P. & Dav. 550.

Rex v. Bishop of ChesterUNK 1 Term Rep. 396.

Rex v. Mayor of ColchesterUNK 2 Term Rep. 259.

Rex v. BristoweUNK 6 Term Rep. 168.

Rex v. Murray 1 H. & Br. 127.

Rex v. Nottingham Water Works CompanyENR 6 Ad. & El. 369.

Rex v. Margae Pier CompanyENR 3 B. & Al. 220.

The Mayor of Thetford's caseENR 1 Salk. 191.

Rex v. Corporatio of Dublin Batty, 634.

In re Haughton and FallowesUNK 2 M. & P. 452.

Laugher . Laugher 1 Dowl. 284.

King v. Packwood 2 Dowl. 570.

Rex v. SmithiesENR 3 T. R. 351.

Parker v. Burgess 3 N. & M. 36.

Rex v. Inhabitants of WixENR 2 B. & Ad. 203.

Regina v. Green 2 G. & D. 789.

Lewis v. MorlandENR 2 B. & Al. 56.

320 CASES AT LAW. E. T. 1846. Queen'sBeneli. THE QUEEN at the Prosecution of THE POOR-LAW COMMISSIONERS, 1845. V. June 6. THE GUARDIANS OF THE POOR OF THE Nov. 20. 1846. TUAM UNION. April 20. Where to a MANDAMUS directed to the Poor-law Guardians of the Tuam mandamus di rected to Poor- Union. The writ recited the orders of the Poor-law Commissioners law Guardians directing the formation of the Union, and that such Union was duly commanding them to ap- declared, and a rate accordingly struck. It further recited, that by point collectors an order of the Commissioners, dated the 1st of November 1842, of poor-rate, and to issue the Guardians of the Union were directed within one month from their war to the persons the date thereof to appoint one or more fit and proper person or so appointed, persons to be collector or collectors of the poor-rate of the several the Guardians made a return, electoral divisions ; that in pursuance of that order collectors were stating that appointed for only two of the electoral divisions, and that the they had ap- pointed collec- Guardians had resolved that no warrant should be issued for the tors, all of whom, save collection of the rate until collectors were appointed for all the one, had en- electoral divisions. That several persons were willing to undertake tered into se curities as re- the office of collector, for the other electoral divisions, but that the quired by the Guardians would not obey the order of the Commissioners, and that Poor-law Act; that one of the the rate remained thereby uncollected. The mandatory part of the collectors had not duly per- writ directed the Guardians to obey the order of the Poor-law fected his se- Commissioners of 1st of November 1842, and appoint one or more curities, and that the Guar- fit and proper person or persons to be collector or collectors of the dians had poor-rate of the several electoral districts of said Union to which no passed a reso lution not to collector had been appointed, and to issue their warrant or warrants issue their wrants until to the collectors to enable them to act in the collection of the rate. warrants all the collec- To this mandamus the Guardians made a return, certifying that tors had been duly appoint- there were five electoral divisions in the Union of Tuam, to wit, ed, and had &c., and that previous to the service of the writ of mandamus they perfected their securities. did appoint collectors of the poor-rate for three of these electoral Held, that the divisions, to wit, &c.; that two of the persons appointed had been return was in- sufficient, and approved of, and had given security to the satisfaction of the Poor- offered no ruse sonable excuse law Commissioners for Ireland; that since the service of the writ of for the Guar- mandamus they did in obedience thereto duly appoint collectors for dians not doing their duty. the two other electoral divisions, and the persons so appointed collectors had duly entered into security for the due performance of their respective offices, to the satisfaction of the Commissioners, and missioners, had proposed as his sureties for the due execution of his office, two persons who were duly approved of by the Commissioners as such sureties ; that a bond was executed by him and one of his sureties as security to the Commissioners ; but the bond had not been executed by the other of the sureties so approved of by the...