{"id":19473,"date":"2022-10-16T15:13:56","date_gmt":"2022-10-16T15:13:56","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19473"},"modified":"2024-04-27T20:06:15","modified_gmt":"2024-04-27T20:06:15","slug":"local-government-to-1922","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/local-government-to-1922\/","title":{"rendered":"Local Gov to 1922"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Grand_Juries\" title=\"Grand Juries\">Grand Juries<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Towns_Officers\" title=\"Towns Officers\">Towns Officers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Early_19th_Century\" title=\"Early 19th Century\">Early 19th Century<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Town_Legislation\" title=\"Town Legislation\">Town Legislation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Public_Health_Act\" title=\"Public Health Act\">Public Health Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Poor_Law\" title=\"Poor Law\">Poor Law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#Local_Government_Board\" title=\"Local Government Board\">Local Government Board<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/#1898_Legislation\" title=\"1898 Legislation\">1898 Legislation<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#GRAND_JURY_IRELAND_ACT_1836\" title=\"GRAND JURY (IRELAND) ACT 1836\">GRAND JURY (IRELAND) ACT 1836<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Explanation_of_terms\" title=\"Explanation of terms.\">Explanation of terms.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Justices_to_hold_presentment_sessions_for_the_purposes_of_this_Act_at_the_places_and_times_appointed_by_the_grand_jury\" title=\"Justices to hold presentment sessions for the purposes of this Act at the places and times appointed by the grand jury.\">Justices to hold presentment sessions for the purposes of this Act at the places and times appointed by the grand jury.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Only_one_such_sessions_in_cities_and_towns\" title=\"Only one such sessions in cities and towns.\">Only one such sessions in cities and towns.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Collectors_to_make_returns_of_cess_payers_for_grand_jury\" title=\"Collectors to make returns of cess payers for grand jury.\">Collectors to make returns of cess payers for grand jury.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Promulgation_of_notices\" title=\"Promulgation of notices.\">Promulgation of notices.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#County_surveyor_to_examine_applications_and_make_application_respecting_public_works_as_to_which_none_has_been_already_made\" title=\"County surveyor to examine applications and make application respecting public works, as to which none has been already made.\">County surveyor to examine applications and make application respecting public works, as to which none has been already made.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Appointment_of_county_surveyors\" title=\"Appointment of county surveyors.\">Appointment of county surveyors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_for_widening_or_repairing_public_roads_c\" title=\"Presentment for widening or repairing public roads, &amp;c.\">Presentment for widening or repairing public roads, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_for_making_and_repairing_footpaths\" title=\"Presentment for making and repairing footpaths.\">Presentment for making and repairing footpaths.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Services_of_notices_upon_occupiers_of_land_c\" title=\"Services of notices upon occupiers of land, &amp;c.\">Services of notices upon occupiers of land, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_for_lowering_hills_filling_up_hollows_building_and_repairing_bridges_c_upon_public_roads\" title=\"Presentment for lowering hills, filling up hollows, building and repairing bridges, &amp;c. upon public roads.\">Presentment for lowering hills, filling up hollows, building and repairing bridges, &amp;c. upon public roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Where_a_river_or_road_is_the_boundary_of_two_counties_one_half_the_sum_shall_be_raised_off_each\" title=\"Where a river or road is the boundary of two counties, one half the sum shall be raised off each.\">Where a river or road is the boundary of two counties, one half the sum shall be raised off each.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Amount_of_money_expended_in_such_repairs_to_be_certified_to_the_grand_jury_of_the_county_who_shall_present_the_same\" title=\"Amount of money expended in such repairs to be certified to the grand jury of the county, who shall present the same.\">Amount of money expended in such repairs to be certified to the grand jury of the county, who shall present the same.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_for_building_repairing_c_court_houses_and_sessions_houses\" title=\"Presentment for building, repairing, &amp;c. court houses and sessions houses.\">Presentment for building, repairing, &amp;c. court houses and sessions houses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_for_support_of_fever_hospitals_established_by_subscription\" title=\"Presentment for support of fever hospitals established by subscription.\">Presentment for support of fever hospitals established by subscription.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_for_support_of_county_fever_hospitals\" title=\"Presentment for support of county fever hospitals.\">Presentment for support of county fever hospitals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Presentment_of_sums_found_by_jury\" title=\"Presentment of sums found by jury.\">Presentment of sums found by jury.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Grand_jury_cess_may_be_levied_by_distress_and_sale\" title=\"Grand jury cess may be levied by distress and sale.\">Grand jury cess may be levied by distress and sale.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Schedule_Z%E2%80%94Form_A\" title=\"Schedule (Z.)\u2014Form (A.)\">Schedule (Z.)\u2014Form (A.)<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#GRAND_JURY_IRELAND_ACT_1853\" title=\"GRAND JURY (IRELAND) ACT 1853\">GRAND JURY (IRELAND) ACT 1853<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Grand_Jury_to_appoint_Committee_to_carry_Presentment_into_effect\" title=\"Grand Jury to appoint Committee to carry Presentment into effect.\">Grand Jury to appoint Committee to carry Presentment into effect.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Grand_Jury_may_present_Expenses_incurred_in_Matters_of_Business\" title=\"Grand Jury may present Expenses incurred in Matters of Business.\">Grand Jury may present Expenses incurred in Matters of Business.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Grand_Jury_may_present_for_Repairs_of_Harbours_Piers_Quays_c_and_enter_into_Contracts_for_Repairs_of_such_Harbours_c\" title=\"Grand Jury may present for Repairs of Harbours, Piers, Quays. &amp;c.; and enter into Contracts for Repairs of such Harbours, &amp;c.\">Grand Jury may present for Repairs of Harbours, Piers, Quays. &amp;c.; and enter into Contracts for Repairs of such Harbours, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Roads_and_Bridges_hitherto_maintained_by_Commissioners_of_Public_Works_vested_in_Grand_Jury\" title=\"Roads and Bridges hitherto maintained by Commissioners of Public Works vested in Grand Jury.\">Roads and Bridges hitherto maintained by Commissioners of Public Works vested in Grand Jury.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#LOCAL_GOVERNMENT_IRELAND_ACT_1871\" title=\"LOCAL GOVERNMENT (IRELAND) ACT 1871\">LOCAL GOVERNMENT (IRELAND) ACT 1871<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Publication_of_accounts\" title=\"Publication of accounts.\">Publication of accounts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Rules_to_be_made_by_court\" title=\"Rules to be made by court.\">Rules to be made by court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Construction\" title=\"Construction.\">Construction.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Appeals_against_rates_c_and_orders_thereon\" title=\"Appeals against rates, &amp;c. and orders thereon.\">Appeals against rates, &amp;c. and orders thereon.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#LOCAL_GOVERNMENT_IRELAND_ACT_1898\" title=\"LOCAL GOVERNMENT (IRELAND) ACT 1898\">LOCAL GOVERNMENT (IRELAND) ACT 1898<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#County_Councils\" title=\"County Councils.\">County Councils.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Transfer_to_county_council_of_business_of_grand_jury_and_county_at_large_presentment_sessions\" title=\"Transfer to county council of business of grand jury and county at large presentment sessions.\">Transfer to county council of business of grand jury and county at large presentment sessions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Transfer_to_county_council_of_business_of_boards_of_guardians_as_to_poor_rate_cattle_diseases_and_explosives\" title=\"Transfer to county council of business of boards of guardians as to poor rate, cattle diseases and explosives.\">Transfer to county council of business of boards of guardians as to poor rate, cattle diseases and explosives.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Powers_of_county_council_as_to_technical_instruction\" title=\"Powers of county council as to technical instruction.\">Powers of county council as to technical instruction.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Expenses_and_determination_by_county_council_of_main_roads\" title=\"Expenses and determination by county council of main roads.\">Expenses and determination by county council of main roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Powers_of_county_council_as_to_acquisition_of_land_or_easements\" title=\"Powers of county council as to acquisition of land or easements.\">Powers of county council as to acquisition of land or easements.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Power_of_county_council_as_to_purchase_of_quarries_and_machinery_and_obtaining_materials\" title=\"Power of county council as to purchase of quarries and machinery and obtaining materials.\">Power of county council as to purchase of quarries and machinery and obtaining materials.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Powers_of_county_council_as_to_appointment_of_coroners_and_coroners_districts_and_provision_as_to_removal_salary_and_qualification_of_coroner\" title=\"Powers of county council as to appointment of coroners and coroners\u2019 districts and provision as to removal, salary, and qualification of coroner.\">Powers of county council as to appointment of coroners and coroners\u2019 districts and provision as to removal, salary, and qualification of coroner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Power_of_county_council_to_make_byelaws\" title=\"Power of county council to make byelaws.\">Power of county council to make byelaws.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Powers_of_county_council_as_to_ancient_monuments\" title=\"Powers of county council as to ancient monuments.\">Powers of county council as to ancient monuments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Power_to_transfer_to_county_council_powers_of_local_bodies\" title=\"Power to transfer to county council powers of local bodies.\">Power to transfer to county council powers of local bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#County_Boroughs\" title=\"County Boroughs.\">County Boroughs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#District_Councils_and_Guardians\" title=\"District Councils and Guardians.\">District Councils and Guardians.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#County_districts_and_district_councils\" title=\"County districts and district councils.\">County districts and district councils.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Constitution_and_election_of_district_councils_in_county_districts\" title=\"Constitution and election of district councils in county districts.\">Constitution and election of district councils in county districts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Constitution_and_election_of_guardians\" title=\"Constitution and election of guardians.\">Constitution and election of guardians.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Chairman_of_rural_district_council_or_guardians_and_additional_councillors_and_guardians\" title=\"Chairman of rural district council or guardians and additional councillors and guardians.\">Chairman of rural district council or guardians and additional councillors and guardians.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Transfer_to_district_councils_of_business_of_baronial_presentment_sessions_and_grand_jury_and_extension_of_powers_of_urban_district_councils_as_to_roads\" title=\"Transfer to district councils of business of baronial presentment sessions and grand jury and extension of powers of urban district councils as to roads.\">Transfer to district councils of business of baronial presentment sessions and grand jury and extension of powers of urban district councils as to roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Transfer_of_business_of_burial_boards_in_certain_towns\" title=\"Transfer of business of burial boards in certain towns.\">Transfer of business of burial boards in certain towns.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Transfer_of_sanitary_powers_of_guardians_under_41_42_Vict_c_42\" title=\"Transfer of sanitary powers of guardians under 41 &amp; 42 Vict. c. 42.\">Transfer of sanitary powers of guardians under 41 &amp; 42 Vict. c. 42.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Powers_of_rural_district_councils_under_Public_Health_Acts\" title=\"Powers of rural district councils under Public Health Acts.\">Powers of rural district councils under Public Health Acts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Byelaws_in_rural_district_regulating_boats_plying_for_hire\" title=\"Byelaws in rural district regulating boats plying for hire.\">Byelaws in rural district regulating boats plying for hire.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Powers_of_district_council_as_to_recreation_ground_and_public_walks\" title=\"Powers of district council as to recreation ground and public walks.\">Powers of district council as to recreation ground and public walks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#District_and_Union_Committees\" title=\"District and Union Committees.\">District and Union Committees.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Counties_of_Cities_and_Towns\" title=\"Counties of Cities and Towns.\">Counties of Cities and Towns.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Application_of_Act_to_counties_of_cities_and_towns_not_county_boroughs\" title=\"Application of Act to counties of cities and towns not county boroughs.\">Application of Act to counties of cities and towns not county boroughs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Towns_not_Urban_Sanitary_Districts\" title=\"Towns not Urban Sanitary Districts.\">Towns not Urban Sanitary Districts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Finance\" title=\"Finance.\">Finance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Raising_of_guardians_expenses_equally_over_union\" title=\"Raising of guardians\u2019 expenses equally over union.\">Raising of guardians\u2019 expenses equally over union.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Raising_of_road_and_sanitary_expenses_in_rural_districts_equally_over_rural_district\" title=\"Raising of road and sanitary expenses in rural districts equally over rural district.\">Raising of road and sanitary expenses in rural districts equally over rural district.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Raising_of_expenses_of_county_council_equally_over_county_or_district\" title=\"Raising of expenses of county council equally over county or district.\">Raising of expenses of county council equally over county or district.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Raising_of_expenses_of_council_of_urban_county_district_and_county_borough\" title=\"Raising of expenses of council of urban county district and county borough.\">Raising of expenses of council of urban county district and county borough.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Agricultural_Grant\" title=\"Agricultural Grant.\">Agricultural Grant.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Certificates_by_Local_Government_Board_as_to_poor_rate_and_county_cess_in_standard_financial_year\" title=\"Certificates by Local Government Board as to poor rate and county cess in standard financial year.\">Certificates by Local Government Board as to poor rate and county cess in standard financial year.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Method_of_raising_Expenses\" title=\"Method of raising Expenses.\">Method of raising Expenses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Incidence_of_Rates\" title=\"Incidence of Rates.\">Incidence of Rates.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Incidence_of_poor_race_as_between_occupier_and_landlord\" title=\"Incidence of poor race as between occupier and landlord.\">Incidence of poor race as between occupier and landlord.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Rates_of_urban_district_councils_and_towns_and_power_to_consolidate_rates\" title=\"Rates of urban district councils and towns and power to consolidate rates.\">Rates of urban district councils and towns and power to consolidate rates.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Adjustment_of_rent_as_between_occupier_and_landlord_in_consequence_of_agricultural_grant_and_change_in_incidence_of_rate\" title=\"Adjustment of rent as between occupier and landlord in consequence of agricultural grant, and change in incidence of rate.\">Adjustment of rent as between occupier and landlord in consequence of agricultural grant, and change in incidence of rate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Excluded_Charges\" title=\"Excluded Charges.\">Excluded Charges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Licence_Duties_and_Local_Grants\" title=\"Licence Duties and Local Grants.\">Licence Duties and Local Grants.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#General_provisions_as_to_payments_out_of_Consolidated_Fund_and_as_to_Local_Taxation_Ireland_Account\" title=\"General provisions as to payments out of Consolidated Fund and as to Local Taxation (Ireland) Account.\">General provisions as to payments out of Consolidated Fund and as to Local Taxation (Ireland) Account.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Term_of_borrowing_by_county_councils\" title=\"Term of borrowing by county councils.\">Term of borrowing by county councils.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Collector-General_of_Rates_Dublin\" title=\"Collector-General of Rates, Dublin.\">Collector-General of Rates, Dublin.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Boundaries_of_counties_unions_rural_districts_and_district_electoral_divisions\" title=\"Boundaries of counties, unions, rural districts, and district electoral divisions.\">Boundaries of counties, unions, rural districts, and district electoral divisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Adjustment_of_financial_relations_between_county_at_large_and_merged_county_of_city_or_town\" title=\"Adjustment of financial relations between county at large and merged county of city or town.\">Adjustment of financial relations between county at large and merged county of city or town.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#As_to_the_Powers_of_County_and_District_Councils\" title=\"As to the Powers of County and District Councils.\">As to the Powers of County and District Councils.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Adaptation_to_county_and_district_councils_of_60_61_Vict_c_43\" title=\"Adaptation to county and district councils of 60 &amp; 61 Vict. c. 43.\">Adaptation to county and district councils of 60 &amp; 61 Vict. c. 43.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Relative_position_of_district_council_and_guardians\" title=\"Relative position of district council and guardians.\">Relative position of district council and guardians.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Duty_of_county_and_district_council_to_maintain_works\" title=\"Duty of county and district council to maintain works.\">Duty of county and district council to maintain works.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Officers_of_county\" title=\"Officers of county.\">Officers of county.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Obligation_of_county_and_other_local_officers_and_their_superannuation\" title=\"Obligation of county and other local officers, and their superannuation.\">Obligation of county and other local officers, and their superannuation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Power_of_county_borough_council_as_to_bicycles_and_other_machines\" title=\"Power of county borough council as to bicycles and other machines.\">Power of county borough council as to bicycles and other machines.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Licensing_in_county_or_city_of_Dublin_of_theatrical_performances_for_charitable_objects\" title=\"Licensing in county or city of Dublin of theatrical performances for charitable objects.\">Licensing in county or city of Dublin of theatrical performances for charitable objects.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Conversion_of_workhouse_hospital_into_district_hospital\" title=\"Conversion of workhouse hospital into district hospital.\">Conversion of workhouse hospital into district hospital.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Position_of_chairman_as_justice_of_the_peace\" title=\"Position of chairman as justice of the peace.\">Position of chairman as justice of the peace.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-96\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#As_to_rate_books_and_lists_of_voters_and_jurors\" title=\"As to rate books and lists of voters and jurors.\">As to rate books and lists of voters and jurors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-97\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Orders_and_Rules\" title=\"Orders and Rules.\">Orders and Rules.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-98\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Rules_and_Provisional_Orders_by_Local_Government_Board\" title=\"Rules and Provisional Orders by Local Government Board.\">Rules and Provisional Orders by Local Government Board.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-99\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Definitions_Short_Title_and_Repeals\" title=\"Definitions, Short Title, and Repeals.\">Definitions, Short Title, and Repeals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-100\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Extent_of_Act_short_titles_and_repeal\" title=\"Extent of Act, short titles, and repeal.\">Extent of Act, short titles, and repeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-101\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Enactments_relating_to_Compensation_for_Criminal_Injury\" title=\"Enactments relating to Compensation for Criminal Injury.\">Enactments relating to Compensation for Criminal Injury.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-102\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#County_Boroughs-2\" title=\"County Boroughs.\">County Boroughs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-103\" href=\"https:\/\/legalblog.ie\/local-government-to-1922\/2\/#Local_Taxation_Licences\" title=\"Local Taxation Licences.\">Local Taxation Licences.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Grand_Juries\"><\/span>Grand Juries<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Counties are ancient divisions which date back to the 13th to 16th centuries. \u00a0Originally, assizes were held on a regular basis, often quarterly, dealing with \u00a0the adjudication of legal disputes.\u00a0 They sat as grand juries and were comprised of the local aristocracy and upper classes. They had a role both in the judicial and the early origins of the administrative and, in particular, road system.<\/p>\n<p>The high sheriffs chose the Grand juries from the largest landowners and wealthier classes.\u00a0 Over time, the grand juries developed an administrative and financial role.<\/p>\n<p>Early legislation gave grand juries powers to maintain roads, bridges and other infrastructure.\u00a0 They raised a tax known as county cess on the county or subdivision of the county (the barony).<\/p>\n<p>At the start of the 18th century, grand juries were empowered to make so-called presentments for a wider range of tasks, including courthouses, county officers, lunatic asylums, hospitals, dispensaries and compensation for malicious injuries.<\/p>\n<p>The Grand Jury Act 1836 consolidated and updated the system. It allowed membership of the grand jury for at least one resident freeholder or leaseholder over a specific high valuation. \u00a0The 1836 Act provided for presentment sessions for counties and baronies.<\/p>\n<p>The sessions dealing with increment expenditure were conducted by grand juries composed of officers of the peace and cess payers.\u00a0County sessions dealt with certain expenses of a \u00a0county-side nature level.\u00a0 Baronial presentments dealt with subdivisions of the counties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Towns_Officers\"><\/span>Towns Officers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Most Irish towns are of ancient origins. \u00a0Towns and cities were given charters by the monarch.\u00a0 They vested the common parts on the town and the inhabitants.\u00a0 Later, in the 16th and 17th centuries, towns were incorporated, thereby having several separate legal entities.<\/p>\n<p>The mayor and other officers had specific authorities and were indirectly elected from a narrow group of qualified persons. There were several officers, including the coroner, treasurer, and town sergeant, who, with their staff, conducted much of the affairs of the town, including the judicial and administrative affairs. Revenue for the management of towns is derived from customs, tolls, and rent.<\/p>\n<p>Larger towns were independent of the county grand juries and were entitled to administer their own courts and regulate their own trade and market.\u00a0 Boroughs and towns were incorporated by grants of incorporation conferring powers. The systems were notoriously corrupt and inefficient.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Early_19th_Century\"><\/span>Early 19th Century<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Modern local government first emerged in the 19th century. Town commissioners could be granted power under legislation to deal with matters such as street cleansing, venting, water drainage, police and public lighting (gaslight)<\/p>\n<p>The earliest comprehensive act was the Lighting of Towns Act of 1828, which was a facilitative act under which towns could be incorporated and obtain status and statutory powers.<\/p>\n<p>The Municipal Corporations Act 1840 followed similar legislations in England and Wales. There were votes for persons with a raised rateable valuation of at least \u00a310. The corporations covered the major cities and many of the major towns.\u00a0 Corporations were given a range of powers.\u00a0 They were given powers to make byelaws for the borough.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Town_Legislation\"><\/span>Town Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Many towns increased their powers through private acts of parliament.\u00a0 Legislation empowered them to raise rates to deal with local government needs such as water supply, drainage, et cetera.<\/p>\n<p>A range of legislation was passed from the late 1840s to the early 60s, providing facilitative clauses or powers for incorporation in private Acts.\u00a0 This legislation dealt with what are now regarded as key local government functions, such as waterworks, markets, cemeteries, and bathhouses.<\/p>\n<p>The Town Improvement Clauses Act provided a general piece of legislation giving local authorities a wide range of powers in areas from sanitation, policing, markets et cetera<\/p>\n<p>The Towns Improvements Acts 1847, which could itself be adopted. Incorporated particular clauses and Acts and modernised and extended the powers of local government. \u00a0These provisions were, in turn incorporated and updated Public Health Act of 1878.<\/p>\n<p>The Town Improvements Act remained the basis of local government for town councils, which were now Urban District Councils, until the consolidating Local Government Act 2001.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_Health_Act\"><\/span>Public Health Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Public Health (Ireland) Act of 1878 provided for urban and rural sanitary authorities with powers across a key range of areas.\u00a0 See our chapters in the section on Public Health Act.\u00a0 The Public Health Act conferred public health powers on corporations and commissioners and on certain towns. \u00a0The poor law guardians became rural sanitary authorities.<\/p>\n<p>In 1898, the urban and rural sanitary authorities were changed to Urban and \u00a0Rural \u00a0District Councils together with the new County Councils. \u00a0Rural \u00a0District Councils were abolished by the Free State Government in 1925.<\/p>\n<p>Urban District Councils continued until amalgamated into the new Town Councils under the Local Government Act 2001. They were abolished in 2014 as a cost-saving measure.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Poor_Law\"><\/span>Poor Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Poor Relief (Ireland) Act in 1838 created an entirely new layer of government.\u00a0 Poor law unions were established throughout Ireland and charged with the responsibility of construction of workhouses for the \u201cindoor\u201d\u00a0 \u00a0relief of the poor.\u00a0 This meant that relief was only given to persons who were admitted into the poorhouse. So-called \u201coutdoor relief\u201d was instituted during the famine. This system was notoriously harsh and designed to constitute a disincentive to use.<\/p>\n<p>The poor law unions were new divisions separate from the baronies under the county grand jury system. The poor law guardians charged a poor law rate and their district to finance the expenses of maintaining the poor relief system. \u00a0The members comprised persons elected by ratepayers and justices of the peace.<\/p>\n<p>In time the functions of the poor law guardians increased.\u00a0 Rudimentary health functions and the elimination of diseases were added.\u00a0 They were constituted burial boards.\u00a0 They were given functions in relation to the registration of births, deaths and marriages and early responsibilities in relation to housing.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Local_Government_Board\"><\/span>Local Government Board<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In 1871, the Irish Local Government Board was established and absorbed the existing Poor Law Commissioners. \u00a0It was the rudimentary origin of the Department of the Local Government.<\/p>\n<p>Many of the local government bodies mentioned above had powers to collect rates and taxes for their function.\u00a0 Ultimately, the local government legislation at the end of the 19th century merged the various rates into what eventually became the modern system of rates.\u00a0 Until the late 1970s, rates were charged on domestic, agricultural and commercial property.<\/p>\n<p>The role of central government in administration was minimal in the 19th century.\u00a0 Over time, some of the functions undertaken by the local government came to part paid for by the central (UK) government or were eventually taken over by the central government. The central government assumed responsibility for police and law and order in 1836.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"1898_Legislation\"><\/span>1898 Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The current system of local government dates largely from a number of key pieces of legislation of the United Kingdom Parliament in the 19th century. \u00a0The original local government bodies were formed for specific purposes and functions.<\/p>\n<p>By the end of 19th century central government grants began to pay for particular shares of particular classes of expenditure.\u00a0 As central government made more contributions, it assumed a greater level of influence.<\/p>\n<p>At the end of the 19th century, the Local Government Ireland Act brought together the existing local government bodies into County Councils at the county level and below them, Rural District Councils and Urban District Councils.<\/p>\n<p>Under the Local Government (Ireland) Act 1898, the functions of many desperate parties were conferred on the new councils thereby established.\u00a0 The powers of the sanitary authorities and grand juries were transferred to the council.\u00a0 Landlords were relieved of one-half of the poor law rate, and the central government met half the cost of rates of agricultural land.<\/p>\n<p>The rural and urban sanitary authorities became District Councils. \u00a0The District Councils took over the functions of the grand juries in relation to roads and public works. The cost was borne by the District. The poor law guardians&#8217; functions were limited to relief of the poor and medical relief, and their rate-raising powers were transferred to the County Councils.<\/p>\n<p>The right to vote was extended by the 1898 Act to most male householders. Female \u00a0franchise and rights to become council members was introduced at the turn of the 20th century).\u00a0 Initially, the County Councils were residual, with the main functions vesting at the local urban and Urban District Councils.<\/p>\n<h2><!--nextpage--><\/h2>\n<h2>GRAND JURY (IRELAND) ACT 1836<\/h2>\n<p>CHAPTER CXVI.<\/p>\n<p>An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland.[1] [20th August 1836.]<\/p>\n<p>[Preamble.]<\/p>\n<p>All presentments to be made under this Act, except in county and city of Dublin.<\/p>\n<p>[1.] It shall not be lawful for any grand jury of any county, county of a city, or county of a town, except the county and city of Dublin, at any assizes to make any presentment (save and except in the cases herein-after specially reserved and excepted) for the execution of any public work whatsoever, or for raising any money, unless under the authority and by virtue of the provisions of this Act.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 2 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<h4>Explanation of terms.<\/h4>\n<p>Half barony.<\/p>\n<p>\u201cCounty.\u201d<\/p>\n<p>\u201cAssizes,\u201d &amp;c.<\/p>\n<p>Number and gender.<\/p>\n<p>3. In the construction of this Act every half barony shall be considered and deemed a barony; and wherever the word \u201ccounty\u201d shall occur, the same shall be deemed and taken to include and import any county at large, or county of a city, or county of a town and city, or city or town and county; and wherever the word \u201cassizes\u201d shall occur in this Act, it shall be deemed and taken to include and import \u201cpresenting term\u201d; and whenever in this Act any authority is given to, or any duty is directed to be performed by, any judge of assize, such authority shall be understood as given to, and such duty as directed to be performed by, the justices of the King\u2019s Bench in Dublin in any presenting term; and every word importing the singular number shall extend and be applied to several persons, animals, or things, as well as to one person, animal, or thing; and every word importing the masculine gender shall extend and be applied to a female as well as to a male; unless the contrary thereof shall be expressed, or that any such construction as aforesaid shall be inconsistent with or repugnant to the context.<\/p>\n<h4>Justices to hold presentment sessions for the purposes of this Act at the places and times appointed by the grand jury.<\/h4>\n<p>4. It shall and may be lawful to and for every justice of the peace in and for any county, county of a city, county of a town or city and county in Ireland, not being a stipendiary magistrate, to attend, and all such justices are hereby required to assemble, from time to time, and with the cess payers associated with them as herein-after appointed to hold a special or presentment sessions for the purposes of this Act, in such place and places and at such time and times, within any and every such county, as the grand jury of the same shall have appointed pursuant to the provisions herein-after following.<\/p>\n<p>Grand juries at assizes shall fix places and times for presentment sessions;\u00a0\u00a0and may direct what number of copies of applications shall be printed and distributed.<\/p>\n<p>5. It shall be lawful for the several grand juries in every county in Ireland, and they are hereby required, at each assizes, to appoint, by presentment, certain places within their respective counties, (videlicet, one in each barony or half barony,) where, and certain times when, presentment sessions shall be successively holden previous to the next assizes for such counties respectively for the purposes of this Act, as herein-after set forth; and such presentment shall appoint the hours of the day between which such sessions shall be respectively holden; and such presentment shall appoint the last meeting of such sessions to be holden at the county court house; and it shall also be lawful for the grand jury at every such assizes to direct, by presentment, what number of copies of the schedules of applications to be made at each such sessions shall be printed and distributed by the secretary of the grand jury.<\/p>\n<h4>Only one such sessions in cities and towns.<\/h4>\n<p>6. The grand jury for each county of a city or county of a town shall appoint one such presentment sessions to be holden in the same for the purposes aforesaid; and all applications for works the expenses whereof are to be levied off such county of a city or town shall be made thereat.<\/p>\n<h4>Collectors to make returns of cess payers for grand jury.<\/h4>\n<p>7. And, for the purpose of enabling the grand jury to prepare such list of cess payers as herein-after mentioned, be it further enacted, that every high constable or other collector of money levied by grand jury presentment shall, on the day when the grand jury shall be first impannelled at each assizes, deliver to the secretary of the grand jury a return of the names and places of residence of the one hundred persons, being males of full age, if so many there be, and if not, then of the whole number of persons resident or in actual occupation of lands and tenements in each county of a town, county of a city, or barony, who, not being in holy orders nor any minister of religion, and not being justices of the peace, shall have been charged with and shall have paid for land actually occupied by them the highest sum or sums for grand jury rates or cess for and in respect of any lands in such county of a town, county of a city, or barony, under the last previous applotment; and that in such list he shall set forth the sum so paid by each such cess payer respectively, and shall classify them according to the amount paid by each; and that the secretary shall immediately lay such return before the grand jury.<\/p>\n<p>Grand jury to fix the number of cess payers to be associated with the justices for the purposes of this Act, &amp;c.<\/p>\n<p>8. Every such grand jury as aforesaid shall at each assizes fix and determine the number of persons, not being more than twelve nor less than five, proper, with reference to the extent and circumstances of each county of a city, county of a town, or barony, to be associated with the justices at the presentment sessions to be holden therein for the purposes of this Act, and shall from the return aforesaid make out a list of double the number so determined upon of persons, with their additions and abode, who being males of full age resident and in actual occupation of lands or tenements within such county of a city, county of a town, or barony respectively, shall according to the return aforesaid have paid the highest sum or sums for grand jury rates under the last previous applotment in each such county of a city, county of a town, or barony respectively; and the secretary of the grand jury shall deliver or cause to be delivered to each of the persons included in such list a copy thereof, and shall also deliver a copy thereof to the justices assembled at each presentment sessions to be held under the provisions of this Act: Provided always, that at every assizes the grand jury shall, before they shall make out such list, strike out of the return aforesaid the names of one half of the persons whose names appeared on the list made at the then preceding assizes, selecting in the first instance the names of the cess payers who were associated and acted with the justices at the presenting sessions.<\/p>\n<p>Justices at presentment sessions to choose a chairman, and select by lot the cess payers to be associated with them.<\/p>\n<p>Powers of the cess payers so associated.<\/p>\n<p>In case cess payers do not attend the justices may act alone.<\/p>\n<p>9. At every meeting of such presentment sessions the majority of the justices then present shall choose one of their number to preside thereat, and when only two justices shall be present the senior of them shall preside, and when only one justice be present such justice shall preside; and such chairman shall have in addition to his vote a casting voice in case of an equality of voices; and immediately after the appointment of such chairman, and before entering upon any other business, the name of every person included in the list of cess payers made out by the grand jury in manner before appointed for each county of a city, county of a town, or barony in which such sessions shall be held, written upon separate pieces of parchment or card as nearly as may be of equal size, with his respective additions and abode, shall be put into a box, to be, as well as the said pieces of card or parchment, for that purpose provided by the secretary of the grand jury; and the chairman appointed to preside at each such sessions shall in open court draw out, one after another, such number of the said cards or pieces of parchment as the said grand jury may have fixed and determined to be the proper number of cess payers to be associated with the said justice or justices at each such sessions respectively; and if any of the men whose names shall be so drawn shall not appear, then such and so many more of such cards or pieces shall be drawn as may be necessary until the number of cess payers appointed as aforesaid to be associated with the said justice or justices shall be completed, or until the whole of such names shall be drawn; and such number of the said cess payers so first drawn and appearing, or such lesser number of them as shall appear when drawn, shall be associated with the said justice or justices, and have and exercise jointly with such justice or justices all power and authority in the business of such sessions: Provided always, that in the case of any county at large the cess payers associated in manner aforesaid with the justice or justices at the presentment sessions holden in the county court house shall, save and excepting the cess payer selected as herein-after mentioned, have no voice, power, or authority in respect of any applications the expense whereof it may be proposed to levy off the county at large, but only in respect of those applications the expense whereof it may be proposed to levy off the barony or half barony or portion thereof wherein such court house may be situate; and provided also, that in the case of any county at large, such one of the associated cess payers as shall be for that purpose selected by the justices and associated cess payers at the presentment sessions holden in the county court house, and such one of the associated cess payers as shall be for that purpose selected by the justices and associated cess payers at each of the baronial presentment sessions to be holden in and for each barony or half barony in such county, shall be associated with the justices at the presentment sessions holden in the county court house, and have and exercise jointly with such justices all such power and authority as by this Act conferred upon the justices and cess payers at such sessions, in respect of so much of the business of such sessions as shall relate to the county at large: Provided always, that if none of the cess payers named in the list herein-before directed to be made out by the grand jury shall attend any presentment sessions to be held under this Act, it shall be lawful for such justice or justices alone to do all matters and things authorized by this Act to be done thereat by the justices and cess payers associated in the business thereof.<\/p>\n<p>Declarations of justices and cess payers.<\/p>\n<p>10. Every justice shall previously to acting at any presentment sessions make and subscribe in open court the declaration marked (A.) in the schedule (Z.) to this Act annexed; and every cess payer associated with such justice or justices in manner aforesaid shall previously to acting at any such sessions make and subscribe in open court the declaration marked (B.) in the schedule (Z.) to this Act annexed; which said declarations any one of such justices or the secretary of the grand jury is hereby authorized and required to administer; and the chairman at each such sessions shall and he is hereby required to make out and deliver to the secretary of the grand jury of the same county a list of the names of all the justices and cess payers who shall have made and subscribed such declarations respectively at the sessions where he had presided; and every such secretary shall from time to time, without unreasonable delay, deliver the said list and all the declarations so made and subscribed to the acting clerk of the peace, to be by him preserved among the records of the same county.<\/p>\n<h4>Promulgation of notices.<\/h4>\n<p>11. All notices required by this Act shall be promulgated by advertisements affixed on or immediately adjacent to the doors of every police station or barrack, and at the places (if any) appointed by the grand jury for posting notices within each parish, and a copy thereof shall be delivered to the clerk of the petty sessions of the district off which it is proposed that the larger portion of the expense of such work is to be raised, and to the county surveyor and secretary of the grand jury; and such notices shall be affixed and delivered ten days previous to the first day appointed for holding the presentment sessions at which the application for the work is to be made: Provided always, that when any application shall be made by any county surveyor for any public work in the manner herein-after mentioned, it shall not be necessary for such county surveyor to post any notice of such application.<\/p>\n<p>Sessions at which applications for works shall be made.<\/p>\n<p>12. All applications for works, the expense whereof it may be by such applications proposed to levy off the county at large or off the barony in which the county court house may be situate, shall be made at the presentment sessions to be holden thereat; and all applications for works, the expense whereof it may be proposed as aforesaid to levy off any other barony, shall be made at such presentment sessions as shall be holden in and for such barony: Provided always, that all applications for the works herein-after mentioned shall, anything herein-before contained to the contrary notwithstanding, be made at the presentment sessions holden for the barony in which the works included in such applications may be locally situate; (that is to say,) all applications for lowering any hill or filling up any hollow, or both, on any public road, and for making the road thereon with stones and gravel, or for building, rebuilding, repairing, altering, or enlarging any bridge, pipe, arch, or gullet, built of stones or bricks or wood, under or on any such road, or filling or gravelling over any such bridge, arch, pipe, or gullet, or for building or repairing any wall or part of a wall necessary to the support of or to prevent any steep banks of earth from falling upon any such road, or in erecting any fence, railing, or wall for the protection of travellers from dangerous precipices or holes lying on the side of any public road, or for maintaining any dispensary.<\/p>\n<p>Sessions at which applications for works to be charged upon two or more baronies shall be made.<\/p>\n<p>13. The applications for any new works which it is proposed to charge upon two or more baronies of any county, but not upon the county at large, shall and may be made at the presentment sessions holden for the barony off which it is proposed that the larger portion of the expense of such work is to be raised, without making the same at the presentment sessions for each of such baronies.<\/p>\n<p>Applications to be lodged with high constable or secretary of grand jury, &amp;c.<\/p>\n<p>14. Every application to be made at presentment sessions shall be lodged with some high constable of the county, in which such application is to be made, fifteen days, or with the secretary of the grand jury ten days at least before the day appointed for holding of the first presentment sessions in such county after any assizes; and every high constable, with whom any such applications shall be lodged, shall transmit such applications to the secretary of the grand jury ten days before the day appointed for holding such first sessions; and such secretary shall keep an office open, for the purpose of receiving such applications, during ten days immediately preceding the last day upon which such applications are required to be lodged with the secretary; and the said applications shall be open to public inspection without fee or reward; and such secretary shall, on the receipt of each application, endorse or cause to be endorsed thereupon the time when the same is lodged, and number and arrange all such applications as the works therein comprised may be proposed to be defrayed by the county at large or by any barony thereof, and shall make an abstract thereof and an index thereto referring to the numbers which he shall mark on each application; and such secretary shall produce and deliver all the applications which shall have been lodged with him or delivered at his office as aforesaid at the sessions proper as herein-before provided for the consideration of the same, together with the abstract thereof and the index thereto.<\/p>\n<h4>County surveyor to examine applications and make application respecting public works, as to which none has been already made.<\/h4>\n<p>15. The county surveyor shall examine all the applications so lodged with the secretary of the grand jury as aforesaid; and in case no application shall have been made for the necessary surface repairs of any public road or footpath, or the keeping open of any drain adjoining any public road, or any other public work which to the said county surveyor shall appear necessary, it shall be lawful and he is hereby required to make application for the same in the manner herein-after appointed at the next presentment sessions to be holden for the county or barony by which the expense of such work ought to be defrayed; and it shall not be necessary for the said surveyor to lodge any application made by him with the secretary of the grand jury, but such application being delivered to the chairman at such sessions shall be dealt with thereat in all respects in the same manner as the other applications which shall have been lodged with the secretary of the grand jury.<\/p>\n<p>Manner in which applications are to be made.<\/p>\n<p>16. Every application to presentment sessions for any presentment other than for a public work shall be made by or on behalf of the person or persons requiring such presentment, and every application to any such sessions for any public work shall be made by two persons paying grand jury cess, or by the county surveyor; and every application to presentment sessions, whether for a public work or any other purpose whatsoever, shall set out the title of the Act authorizing such presentment, with the year of the King\u2019s reign, chapter, and section, as printed by his Majesty\u2019s printer, and shall specify the probable expense of the proposed work, and whether the money proposed to be raised thereunder is to be levied off the county at large or some or what barony or other denomination of land thereof, and shall be made in some one of the forms marked (A.), (B.), (C.), (D.), and so forth, in the schedule (X.) to this Act annexed, when any of such forms shall be found fitting and suitable; and every such application shall be signed by the person or persons by whom the same shall respectively be made, with his or their own proper hands; and it shall not be lawful, save as herein-after provided, for the secretary of the grand jury to receive any application which shall not have been made in manner and form herein appointed.<\/p>\n<p>Applications to be decided upon at sessions.<\/p>\n<p>Justices to direct the surveyor to prepare forms of tender with specifications, &amp;c.<\/p>\n<p>Applications and forms of tender, &amp;c. to be delivered to secretary of grand jury.<\/p>\n<p>Adjourned sessions for opening tenders and proposals.<\/p>\n<p>17. At each presentment sessions to be holden as herein-before provided the justices and cess payers associated in the business of such sessions shall take into consideration all such applications as may be laid before them in manner aforesaid, and examine into the posting or serving of the notices of all such applications, when a notice shall be necessary, and into the merits of such applications, and the conformity thereof with the provisions of this Act; and the said justices and cess payers shall after such examination decide by majority of voices upon every such application, and whether the same ought to be adopted or rejected, and whether wholly or in part, or conditionally in the event of the expense thereof not exceeding a certain specified sum, and what modification thereof, if any, may be proper; and if such justices and cess payers shall approve of any proposed work either wholly or in part, or conditionally, or of any modification thereof, they shall, save in the case of applications herein-after otherwise provided for, direct the county surveyor to prepare a proper form of tender for the execution of the same, together with such specifications, maps, plans, sections, or elevations as may be necessary, expressing the nature and extent of such works, and, if the sessions shall so direct, the quantity per perch and the description of the materials proper to be employed in performing and executing the same, and the term within which such work ought to be completed, and such other particulars as the said justices and cess payers shall think fit; and such chairman shall endorse all applications accordingly which shall be adopted and approved, and sign his name thereto, and deliver all such applications, so endorsed, to the secretary of the grand jury; and such county surveyor shall deliver such form of tender, specifications, maps, plans, sections, or elevations in respect of the work to which each application shall relate, as soon thereafter as the same can be conveniently prepared, to the secretary of the grand jury; and the said justices and cess payers shall appoint the manner in which notice for the receipt of tenders and proposals for the execution of such works shall be given, and the period during which they shall be received, and shall adjourn such sessions until some day previous to the next assizes, to be then holden for the opening of such sealed tenders and proposals, such day not being later than thirty days from the day of such adjournment.<\/p>\n<p>Proceedings in case the sessions refuse to approve any applications for public works.<\/p>\n<p>18. In case the magistrates and cess payers at two successive presenting sessions shall refuse to approve of any applications made for any public work, it shall be lawful for any of the persons who made application at such sessions for such work to present a memorial to the judges of assize at the assizes holden for the county in which such sessions may have been holden, stating such application and the disapproval thereof at the presenting sessions, and praying that the judges may direct the grand jury to make a presentment for such work; and such memorial shall be lodged with the secretary of the grand jury at least one month before the first day of such assizes, and a copy thereof shall be served on each of the chairmen at such presenting sessions at least one month before the first day of such assizes; and the person presenting such memorial shall also cause to be inserted in some newspaper published or circulated in the county notice of his intention to apply at the assizes for such order, and such notice shall be published at least three times before the first day of such assizes; and upon proof that such memorial and notices were served and published it shall be lawful for the judges of assize, or any of them, to cause a jury to be empannelled of persons returned to serve on juries at said assizes, to try and inquire whether such work is a proper one to be executed, and, if so, to ascertain and state the expense thereof; and if the jury shall find that such work is a proper work to be executed, it shall be lawful for the judge, if he shall think fit, to direct the grand jury to consider such presentment; and it shall be lawful for the grand jury at such assizes to present that such work shall be done either for the sum stated by the jury to be sufficient for the execution thereof, or such lesser sum as they shall think proper, or to refuse to make such presentment: Provided always, however, that no such memorial shall be proceeded upon, unless the memorialist shall, at the time of lodging such memorial with the secretary, deposit with him the sum of twenty pounds, as a security for such costs and expenses as the judge shall direct to be paid thereout to any person or persons who may appear to oppose such application, or any witness summoned to attend on the hearing of the application.<\/p>\n<p>If it is probable that the expense of any work will exceed 100l. the opening of the tenders may be referred to the grand jury, &amp;c.<\/p>\n<p>19. When the county surveyor considers it probable that the expense of any work will exceed the sum of one hundred pounds, it shall be lawful for the justices and cess payers at the presentment sessions, if they so think fit, to order a notice for the receipt of such tenders to be inserted in some newspaper circulating in the district, and to direct that the opening of the tenders for such work shall not take place at the adjourned sessions, but that such tenders shall be opened by the grand jury at the commencement of the following assizes, and such grand jury shall open such tenders accordingly, and proceed in all matters relating thereto in the same manner as the justices and cess payers at the adjourned sessions are herein-after directed to proceed in respect of tenders and contracts, and shall afterwards, in due order, take the application for such work into their consideration, in the same manner as if the tenders had been opened at the adjourned sessions, anything contained herein to the contrary notwithstanding.<\/p>\n<p>On applications for repair of roads, &amp;c. the sessions may contract for the same.<\/p>\n<p>20. And in order to lessen the expense of keeping public roads in repair, and to obviate the necessity of making frequent applications to presentment sessions therefor, be it further enacted, that whenever any application shall be made in the manner herein-before provided for gravelling or repairing with small stones any public road, or for keeping open the drains on the side of any public road, or for gravelling or repairing any footpath on the sides of any such road, or for repairing the battlements of any bridges upon any such road, the justices and cess payers associated in the business of such sessions shall consider whether it may not be proper to contract for keeping such road or footpath in repair; and if they shall be of that opinion, they shall fix and determine the period, being not more than seven years, for which it is expedient that a contract should be made for that purpose, and the county surveyor shall insert such period in his specification and form of tender for such works.<\/p>\n<p>Provision in case of death or illness of applicants.<\/p>\n<p>21. Provided always, that in case any person who shall have signed any application in pursuance of this Act shall die, or be prevented by sickness or any unavoidable necessity from appearing at such sessions, it shall be lawful for the justice or justices and cess payers thereat to examine any other person or persons who shall have knowledge of the matter, and to decide upon such application, anything herein contained to the contrary notwithstanding.<\/p>\n<p>Advertisements for tenders and proposals, &amp;c.<\/p>\n<p>Contents of tenders, &amp;c.<\/p>\n<p>22. The secretary of the grand jury shall, upon being furnished by the county surveyor with the specification or form of tender for the execution of any such work as aforesaid, and the maps plans, sections, and elevations belonging thereto, notify, by public advertisement or otherwise in such manner as the justices and cess payers at such presentment sessions shall have directed, his readiness to receive sealed tenders and proposals for the execution of such work during such period as shall have been appointed by the same authority for the reception of the same, and the time to which such sessions has adjourned for the opening of such tenders and proposals, and that forms thereof may be obtained at his office; and such secretary shall accordingly prepare a sufficient number of forms of such tenders and proposals, and furnish to any person who shall demand the same a copy thereof, receiving therefor the reasonable cost of preparing the same, not exceeding the sum of sixpence; and each of such sealed tenders and proposals shall contain a statement of the lowest sum for which the party making such proposal is willing to contract for the performance of the work or works specified and described in such notification, and shall be subscribed with the name, description, and residence of the party so desirous to enter into such contract, and also the names, descriptions, and residences of not less than two sufficient persons willing to be bound, jointly and severally, with him for the due and faithful performance of the said contract, within the time and in the manner thereby prescribed, in a penal sum double the amount of the said sum mentioned in such tenders and proposals, if the said sum shall not exceed one thousand pounds, but if such sum shall exceed one thousand pounds then in a penal sum exceeding the sum mentioned in such tenders and proposals by one thousand pounds in addition thereto; and all maps, plans, sections, and specifications relating to any such work prepared by the county surveyor shall be open to public inspection in the office of such secretary without fee or reward.<\/p>\n<p>At adjourned sessions tenders to be opened and contract entered into with person making lowest proposal and giving sufficient security.<\/p>\n<p>If no presentment made, contract to be void.<\/p>\n<p>23. At the meeting of each such adjourned presentment sessions as aforesaid the secretary of the grand jury shall in open court produce, duly numbered and arranged, and with the seals unbroken, all the tenders and proposals which may have been delivered to him, and shall open consecutively all those relating to the same public work, and so soon as the lowest proposal made for the performance of each such work shall be ascertained, the party making such proposal and his sureties shall be called; and if the said party and his sureties shall appear, and shall satisfy the justices and cess payers at such sessions, upon oath or otherwise, of the sufficiency and ability of each and every of them to answer and make good the penalty herein-before specified for the non-performance of such contract, and that such proposal has not been made for any unfair or fraudulent purpose, and shall thereupon enter into security for the due performance of such contract, conditioned in such penalty as aforesaid, such proposal shall be accepted, and the party making the same shall be declared entitled to execute the work to which such proposal may refer, if the same shall be presented by the grand jury; but if the party making such proposal and his sureties shall not appear when called, or shall fail to satisfy the justices and cess payers at such sessions in any of the particulars aforesaid, or shall decline to enter into such security as aforesaid, then and in such case the proposal of the party making default as aforesaid shall be deemed null and void to all intents and purposes whatsoever, and the next lowest proposal shall be ascertained and dealt with in the same manner, and so on until the said security shall be entered into and the contract duly completed: Provided . . . that if the grand jury of the county at and for the assizes then next holden shall not make any presentment on the application in respect of which any contract shall have been made according to the provisions herein-after mentioned, then and in such case such contract shall be null and void to all intents and purposes, anything herein contained to the contrary notwithstanding.<\/p>\n<p>Security by contractors to be by recognizance to the King, &amp;c.<\/p>\n<p>24. Such security so to be entered into by contractors under this Act and their sureties, shall be a recognizance to his Majesty, and of like force, validity, and effect as other recognizances made to the King\u2019s Majesty; and at such adjourned presentment sessions any justices present or the chairman is hereby authorized to take such recognizance, and the secretary of the grand jury shall-prepare the same, and come provided therewith, so as to prevent delay; and the expense of preparing the same, not exceeding one shilling, shall be defrayed by the party or parties entering thereinto; and such recognizance shall be preserved in custody of such secretary until the condition of such recognizance shall have been fulfilled, and shall then be delivered up to the conusee or conusees therein named, or to any person by him or them duly authorized, to be cancelled.<\/p>\n<p>Schedules of applications to be prepared by secretary of grand jury, and printed; and copies to be delivered to sheriff, surveyor, &amp;c.<\/p>\n<p>25. So soon as may be possible after the presentment sessions shall have been holden at all the places and times appointed therefor in each county, the secretary of the grand jury shall prepare and make schedules of the contents of all applications (save and except the applications to be certified as herein after provided), approved of wholly or in part, and which may have been delivered to him for such purpose by the chairman at each sessions, including in one schedule all such applications for works proposed to be charged and raised on the county at large, county of a city, or county of a town, and in other separate schedules (videlicet, one for each barony,) all such applications for works proposed to be levied upon each barony, arranging all such applications in alphabetical order, and noting on the face of each schedule the particulars of the decision of the presentment sessions on each application; and such secretary shall forthwith cause copies of such schedules to be printed and distributed in such manner as shall have been authorized and directed by grand jury presentment at the assizes immediately preceding; and the said secretary shall deliver a copy of such schedules to each high sheriff of the county for the time being, and to each county surveyor, and shall, on the day when the grand jury shall be next impannelled, as herein-after directed, deliver one copy of the said printed schedules, together with the several applications, and annexed thereto any specifications, maps, plans, sections, or elevations of the works to which such application shall relate, which shall have been prepared by the county surveyor, and any contract which shall have been made for the performance of such works, to the foreman of such grand jury, and shall also deliver another copy of the said schedules to the judge of assize upon his arrival; and the said secretary shall keep another copy of the said schedule in his office, for the inspection of the public, during three complete days at least immediately before the day when such grand jury shall be first impannelled as herein-after provided.<\/p>\n<p>Treasurer to apportion the sum required, and return the apportionment, &amp;c. to the grand jury.<\/p>\n<p>26. So soon as the secretary of the grand jury of each county shall have made such schedules, and totted up the amount of the sums required by the several applications, with reference to the contracts relating thereto, to be raised at such assizes on the county at large, the treasurer of such county shall apportion the same according to the usual mode of assessment on the respective baronies or half baronies; which apportionment, together with a copy of the presentments made at the preceding assizes, he shall return to the foreman of the grand jury at the time when they shall be first impannelled as herein-after provided.<\/p>\n<p>Approved applications for new works, &amp;c. where the sum exceeds 50l. to be certified by grand jury, &amp;c.<\/p>\n<p>27. Provided always, that if any such application made at presentment sessions as aforesaid shall be for making any new road, or building any new bridge, or erecting, enlarging, repairing, rebuilding, or finishing any house or other building, the probable expense whereof shall exceed the sum of fifty pounds, and if the justices and cess payers at such sessions as aforesaid shall approve of such application, either wholly or in part, or of any modification thereof, they shall direct the county surveyor to prepare such specifications, maps, plans, sections, or elevations as may be necessary, expressing the nature and extent of such works, and the materials proper to be employed in performing and executing the same; and the chairman of such sessions shall indorse such application accordingly, and sign his name thereto, and deliver such application so indorsed to the secretary of the grand jury; and such secretary shall lay each and every such application before the grand jury to be impannelled at the assizes held next after such application shall have been approved at such sessions, to be certified by the foreman thereof, who shall certify the same accordingly; but it shall not be lawful for the grand jury at such first assizes held after the presentment sessions whereat such applications herein-before described shall have been approved to make any presentment thereupon.<\/p>\n<p>Sessions holden next after the assizes at which any such application has been certified shall proceed with the same like other applications.<\/p>\n<p>28. At the first meeting of presentment sessions to be holden next after the assizes at which such application for any of the purposes last mentioned shall have been so certified as aforesaid for the same barony or for the county at large at which such application shall have been made, the county surveyor shall lay the specifications, maps, plans, sections, or elevations prepared as aforesaid in respect of the same before the justices and cess payers at such sessions for their consideration, who shall examine such specifications, maps, plans, sections, or elevations, and such other specifications, maps, plans, sections, or elevations as may be submitted to them, and shall decide by a majority of voices whether the same ought to be adopted or rejected, or what modification of such specifications, maps, plans, sections, or elevations may be proper in respect of each such application, and shall, if need be, direct the county surveyor to alter or modify the same accordingly, and to prepare a proper form of tender for the execution of such works, expressing the nature and extent of such works, and the materials proper to be employed in performing and executing the same, and the term within which such work shall be completed, and such other particulars as the said justices and cess payers shall think fit to prescribe, and shall deliver the specifications, maps, plans, sections, or elevations which shall be so approved, to the secretary of the grand jury, and shall appoint the manner in which notice for the receipt of sealed tenders and proposals for the execution of such work shall be given, and the period during which they shall be received; and such sealed tenders and proposals shall be opened at the first adjournment of such sessions to be made for opening sealed tenders and proposals; and thereupon such applications, and such tenders and proposals relating thereto, shall be included in the schedule of applications to be prepared and laid before the grand jury at the then next succeeding assizes, and shall be subject to such and the like regulations in all respects as other applications and other tenders and proposals are subject to under the provisions of this Act.<\/p>\n<p>The sheriff to impannel grand jury not more than five nor less than one day before each assizes, &amp;c.<\/p>\n<p>Jurors to be sworn.<\/p>\n<p>29. Every sheriff, immediately on receiving the precept appointing the day for opening the commission at the next assizes in his bailiwick, shall inspect the schedules to be delivered to him as aforesaid, and confer thereon with the county surveyor or surveyors, and thereupon, having regard to the quantity of business which it shall appear likely that the grand jury may be called upon to transact, shall fix and appoint, for impannelling the grand jury under the provisions of this Act herein-after set forth, such day previous to the day for opening the commission of assize as in his discretion may seem fit, such previous day not being more than five clear days and not less than one clear day before the day appointed for opening the said commission; and such sheriff is hereby authorized and required, in manner heretofore practised according to law for summoning persons to serve on grand juries in Ireland, to summon and return a sufficient number of persons, qualified according to law to serve as grand jurors in Ireland, to attend at the usual place of holding assizes upon the day by such sheriff so fixed; and the persons so to be summoned are hereby required to come and appear agreeably to the exigency of said summons, under like penalties and subject to like forfeiture of issues as persons heretofore summoned to appear and serve on grand juries at any assizes throughout Ireland, and to serve, under and subject to the like penalties and liabilities, until discharged from such attendance in due course of law; and on the day appointed for such attendance such sheriff shall attend with his sub-sheriff and assistants, and shall, or in the necessary absence of the sheriff the under sheriff shall, proceed to impannel the said grand jury in all respects, so far as may be possible, and with like solemnities, as heretofore practised according to the law for the impannelling of grand juries at the several assizes in Ireland; and the clerk of the crown shall attend at the time and place aforesaid, and shall, in such manner and form as hath heretofore been used in the swearing of grand jurors, administer to each of the grand jurors to be impannelled as aforesaid the oath marked (C.) in the schedule (Z.) to this Act annexed.<\/p>\n<p>The oath not to bind grand jurors to secrecy, except in criminal matters.<\/p>\n<p>30. It shall and may be lawful for any grand juror impannelled in Ireland to disclose any matter or thing relative to the making or refusing any presentment for or concerning public works or monies, or the expenditure of any money raised thereby; and the oath taken by grand jurors in Ireland, so far as it regards any obligation of secrecy, shall not be construed or held to extend or relate to any of the functions of grand jurors in or concerning such presentments of public works or monies or any fiscal concerns whatsoever, nor any office or function of a grand juror other than the functions of such grand juror in matters of a criminal nature.<\/p>\n<p>Mode of framing the grand jury panel.<\/p>\n<p>31. The sheriff of each county shall in framing the panel of persons summoned to serve on the grand jury of such county at each assizes to observe the rule herein-after following; (that is to say,) he shall place first on such panel for each barony or half barony in such county (if there shall be ten or more baronies or half baronies therein) the name of some person having in such barony or half barony freehold lands of the yearly value of fifty pounds and upwards, or leasehold lands of the yearly value of one hundred pounds over and above the amount of rent payable out of or for such leasehold lands, so that as far as can be one fit and competent person having lands of the value aforesaid, and resident in each barony, if the same can be found therein respectively, shall be placed upon such panel; and having in such manner selected such one fit and proper person for each barony and half barony, or so many as he can so select, the sheriff shall complete the said panel in such manner as now by law authorized and directed; and the persons taken from the panel so framed shall be and constitute the grand jury or inquest of such county, anything in any writ, precept, or venire facias expressed or directed, or any law, statute, usage, or custom, to the contrary notwithstanding, and as if such grand jury were altogether composed of freeholders: Provided always, however, that any presentment or indictment formed or made by any grand jury in Ireland shall not be liable to be traversed, quashed, or in any manner impeached by reason of the grand jury not being selected as aforesaid; but any sheriff who shall wilfully omit or neglect to follow the rules hereby made for the selection of the grand jury, shall be liable, on a complaint made to the judge of assize, to be fined for breach of the provisions of this Act such sum as such judge shall think proper, in addition to any other penalty or punishment to which he may by law be liable.<\/p>\n<p>Certain county officers not to serve on grand juries or act at presentment sessions.<\/p>\n<p>32. Provided always, that it shall not be lawful for any stipendiary magistrate, or the treasurer of the county, or the secretary of the grand jury, surveyor, or high constable, or collector of any barony or half barony, or clerk of the crown, or clerk of the peace, or coroner of any county, to serve upon the grand jury at any assizes, or to act as justice or associated cess payer at any presentment sessions to be holden under the provisions of this Act for the county wherein he shall hold such office.<\/p>\n<p>Grand jury so impannelled to be the grand inquest of the county, &amp;c.<\/p>\n<p>Assizes shall commence from impannelling of grand jury.<\/p>\n<p>33. The said grand jury so impannelled as aforesaid shall be and be deemed to all intents and purposes to be and shall constitute the grand inquest of the same county at and for the assizes then to be holden, and shall, save as herein-after otherwise provided, perform and discharge, and be bound to perform and discharge, all the duties, offices, and functions which any such grand jury might have performed and discharged, or would have been bound to perform and discharge, if the same were impannelled before the judge of assize in manner heretofore practised according to law, and subject to the like forfeitures, penalties, and liabilities, and shall possess and exercise all and every the powers, privileges, and authorities, which grand juries impannelled before the judge of assize in manner hitherto accustomed have possessed and exercised or ought to possess or exercise under and by virtue of the laws in force in Ireland, save as may be by this Act otherwise provided; and such grand jury shall not depart, save in case of adjournment as herein-after mentioned, until discharged by the judge of assize; and the assizes of each county shall, for the purposes of this Act, but only as respects matters connected with presentments for raising or accounting for or paying money or relating to public works, be deemed to commence from the impannelling of such grand jury as aforesaid.<\/p>\n<p>Grand jury not to enter on criminal business until commission is opened; and the fiscal business to be concluded before the opening of the commission, &amp;c;<\/p>\n<p>34. The grand jury impannelled as aforesaid shall not be competent to receive any bill of indictment, or to present any nuisance or offence, or to enter upon any criminal business whatsoever, or to perform any functions appertaining to grand jurors, other than those relating to presentments for raising money or accounting therefor, or public works, or the general fiscal concerns of the county, until the judge of assize shall open the commission; and the whole of such fiscal business shall be concluded by such grand jury at or before the opening of such commission; and all the presentments for raising money, or any how respecting public works, shall be delivered to the clerk of the crown at or before such time, save as herein-after provided; and after opening such commission with the accustomed formalities the judge of assize shall at the usual time direct the grand jury to attend in court, and cause to be administered, in manner and form heretofore practised according to law, to each of the persons composing the same, such oath as has been or ought to have been heretofore administered to such persons by such judge or justices; and the said grand jury shall then and thereupon be and become to all intents and purposes fully competent to the exercise of all functions of grand jurors whatsoever, save the making any presentment for raising money, or respecting public works, or such other business of a fiscal nature as has been herein-before directed to be concluded before opening the commission, or the first day of such term, as aforesaid.<\/p>\n<p>except in case of special application made to judge of assize upon cause shown;<\/p>\n<p>and in presenting for expenses of witnesses.<\/p>\n<p>35. Provided always, that it shall and may be lawful for such judge, upon a special application to be to him or them for that purpose made by the grand jury or otherwise, and upon cause shown for granting the same, to order and direct that the grand jury shall and may transact, after and notwithstanding the commission shall have been opened, any such matter relating to presentments for raising or accounting for money or public works, or the fiscal concerns of the county, as may be stated in such application; and by force of such order such grand jury shall be and become competent to transact the same, anything herein-before contained to the contrary notwithstanding; and provided further, that it shall and may be lawful for any grand jury, at each and every assizes, to present at any time before they are discharged such sum or sums of money as shall be ordered by the court to be paid to witnesses for their expenses as by this Act herein-after directed.<\/p>\n<p>Grand jury to be called over at stated times by foreman.<\/p>\n<p>Penalty for default of attendance.<\/p>\n<p>Penalty for neglect of foreman.<\/p>\n<p>36. Each grand jury shall, for the whole period during which they shall sit, be called over each morning at sitting by the foreman of such jury, and at all other times when the number of grand jurors present shall be less than by law required for the performance of the functions of a grand jury; and any grand juror who shall make default in his attendance at any of such times, shall for every such default incur a penalty of forty shillings, and such default shall be reported by the foreman to the judge of assize; and unless the same shall be excused on the ground of illness, or other good and substantial reason to the satisfaction of such judge, such fine and penalty shall be by the said judge confirmed and declared absolute, and recovered and applied in the same manner as fines and penalties imposed on jurors for any defaults or misbehaviour may now by law be recovered and applied; and if the foreman shall fail to call over the jury at the times herein-before appointed, or to report the absence of any juror upon such call, he shall incur a penalty of ten pounds for each such default, to be in like manner recovered and applied; provided that nothing herein contained shall limit or affect the authority of any judge to enforce the attendance of any grand juror as such judge may now enforce such attendance.<\/p>\n<p>Grand jury as soon as impannelled to proceed with fiscal business, and to make or refuse presentments on all applications approved by presentment sessions, &amp;c.<\/p>\n<p>37. The grand jury shall, upon being impannelled and sworn before the sheriff as aforesaid, forthwith proceed to transact in open court all such business relating to presentments for raising money, public works, contracts, and the fiscal concerns of the county, as may be appointed for them, and to consider and decide upon all applications which shall be made for presentments as herein-before provided, in the order in which the same shall be entered in the schedules thereof to be prepared as aforesaid, beginning with the applications for works to be defrayed by the county at large, and examining all maps, plans, estimates, and specifications relating to each application; and the said grand jury shall be attended by their secretary, and by the county surveyor or surveyors, and shall hear and receive and direct to be read aloud in open court the several reports and certificates of such surveyor or surveyors, and shall have power and authority, at their discretion, to receive and obtain all legal and pertinent evidence which shall be tendered to them for or against the making any presentment or in anywise relating thereto, or concerning any public work or the execution of the same, if made wholly or in part at the expense of the county or any portion of the county, or any contract of or in respect of any of the matters aforesaid; and the said grand jury shall sit de die in diem until all the business which may come before them of the nature hereby directed to be despatched before the opening of the commission, shall be concluded, or until the day appointed for opening the commission, or the first day of such term, shall arrive; and if the whole of such business shall be concluded before such day, then the said grand jury may adjourn to such day; and every such grand juror who shall not attend pursuant to such adjournment, shall be fined by the judge of assize for such nonattendance in any sum not exceeding the sum of fifty pounds, at the discretion of the said judge.<\/p>\n<p>Grand jury not to make any presentment unless application approved at presentment sessions, except in the cases herein mentioned.<\/p>\n<p>38. It shall not be lawful for any grand jury, any law, usage, or custom to the contrary notwithstanding, to make a presentment for any public work whatsoever, or for raising any money, for which an application shall not have been made and approved at sessions, either wholly or in part, as herein-before provided, save and except such presentments as may be herein specially excepted, and also save and except such presentments as may be necessary for the immediate repairs of sudden breaches or damages in roads, bridges, gullets, walls, or buildings, which have happened so recently as not to admit of the proper application having been made in manner before provided, which fact, together with the necessity for the immediate execution of such repairs, shall be proved before the grand jury upon oath; and in such case, although such application as aforesaid shall not have been lodged or approved as aforesaid, such grand jury shall nevertheless have power and authority to present for such repairs any sum of money in such case necessary to be paid to the county surveyor, or to be by him expended, or so much thereof as may be necessary, upon such repairs, and accounted for at the next assizes by such surveyor, upon oath; and the treasurer of the county shall, out of any monies in his hands available to the general purposes of the county, advance to such surveyor from time to time the monies, not exceeding the sum presented for such repairs which may be required therefor; and such monies so advanced shall be replaced by the monies raised and levied under the presentment which the grand jury have been herein-before authorized to make for such purpose.<\/p>\n<h4>Appointment of county surveyors.<\/h4>\n<p>39. [1] The lord lieutenant shall from time to time appoint a board of three civil or military engineers to act, without salary or emolument, in Dublin, who shall from time to time examine into and certify the qualifications of all persons desirous to act as surveyors or assistant surveyors under this Act; and such lord lieutenant shall appoint from time to time, out of the persons so certified, one or more surveyor or surveyors to act, at the salary or salaries herein-after provided, for each county; and it shall be lawful for the said lord lieutenant from time to time, at his pleasure, to remove such surveyors from county to county.<\/p>\n<p>Surveyors may be dismissed, &amp;c.<\/p>\n<p>Surveyors may appoint deputies in case of illness, &amp;c.<\/p>\n<p>40. All surveyors who may hereafter be appointed under this Act, for any county, may be at any time suspended or dismissed at the pleasure of the lord lieutenant or by the respective grand juries of such counties; and in such case, and on every other vacancy, however occasioned, the said lord lieutenant shall forthwith appoint a successor from and out of the persons who shall be from time to time certified to be qualified as aforesaid; provided that in case of indisposition, or other unavoidable cause, proved on oath to the satisfaction of the grand jury or any three justices of the peace, such surveyor may depute another person, duly certified as herein-before mentioned, to act for him, and such deputy shall be removable in like manner as his principal.<\/p>\n<p>Salaries of county surveyors.<\/p>\n<p>41. The salary of each surveyor now appointed or hereafter to be appointed as aforesaid shall not exceed three hundred pounds per annum; and such salary shall, except as herein-after provided, be inclusive of all charges and expenses which each such surveyor shall incur, or to which he shall be liable, in performance of the several duties to him prescribed under the provisions of this Act; and each grand jury is hereby authorized and required to fix the amount of such salary for its own proper county, not exceeding the sum herein-before mentioned, and at each assizes to present a moiety of the salary or salaries of each surveyor or surveyors for such county for the half year last past, and payment of the same shall be made accordingly: Provided nevertheless, that in case the grand jury at any assizes shall be of opinion that any surveyor has been guilty of neglect of his duty, or other misconduct, such grand jury shall have authority to direct the salary of the surveyor so neglecting his duty or misconducting himself to be withheld, and shall report such neglect or misconduct to the said lord lieutenant; and if the said surveyor shall be, upon such report, or at any time in any other manner or for any other reason, dismissed from his office, he shall forfeit, at the discretion of the lord lieutenant, the whole or any part of the arrears of salary due to him, and the same shall be applicable to the general purposes of the county, in like manner as other monies from time to time levied off such county and arising in the hands of the treasurer.<\/p>\n<p>Duties of county surveyors.<\/p>\n<p>42. The surveyor or surveyors to be appointed as aforesaid shall attend at each presentment sessions to be held for the reception of applications for presentments, and shall afford such professional advice and assistance in the consideration thereof as may be required of him, and shall prepare forms of tenders and proposals, specifications, maps, plans, sections, or elevations of any work approved thereat, and shall himself make such application when necessary as herein-before directed, and shall also attend upon the grand jury, and make to them a full and particular report on all applications for presentments lodged with the secretary as aforesaid, and the necessity or utility of the same, and on the correctness of the maps, plans, specifications, and estimates prepared as aforesaid, and how far it may be expedient to alter, vary, or modify the objects stated in such applications; and the said surveyor or surveyors, or one of them, shall also report on all applications on part of contractors, and on the progress and execution of all public works formerly presented, and on the performance of all contracts, and on the state, repairs, progress, and condition of all buildings, roads, bridges, gullets, walls, or other work; and the said surveyor or surveyors, or one of them, as the grand jury shall direct, shall audit all accounts of such works, and ascertain and certify the correctness thereof, and whether each contractor is entitled to payment, and how far, and whether such contractor has conformed to the provisions of this Act and the laws in force in Ireland, and shall also report the name and description of all persons by him prosecuted for any nusiance or injury to any road, or any other offence of like nature, and the result of such prosecution, and the proceedings therein, and generally on all matters and things relating to the office of surveyor, or which may be given to him in charge by the grand jury.<\/p>\n<p>Surveyors shall keep an office open, and appoint a clerk, &amp;c.<\/p>\n<p>43. Each such surveyor shall keep an office open for his regular attendance on business in such place as the grand jury shall appoint, and which they are hereby required and empowered to appoint; and each such surveyor shall employ one fit and competent person to be a clerk in his said office, who shall give regular attendance in the said office, and for whose conduct such surveyor shall be at all times responsible; and such grand jury is hereby authorized and required to present, over and above the salary payable to such surveyor, a sum not exceeding fifty pounds in each year, to defray the expense of such office, and to pay the salary of such clerk, a moiety whereof the said grand jury is authorized and required to present at each assizes for the half year last past, and to pay the same to such surveyor accordingly, subject always to the provisions herein-before contained with respect to the payment of the salary of the said surveyor; and it shall be lawful for every surveyor to appoint so many persons as the grand jury shall, with reference to the extent of the county and of the duties to be performed, think necessary, to be assistants to such surveyor; and each of such assistants shall be paid such salary, not exceeding fifty pounds per annum, as the grand jury shall direct, which shall be presented by the grand jury by half-yearly instalments at each assizes: Provided always, however, that no person shall be appointed such assistant who shall not be certified by the said board to be a fit and competent person to discharge the duties of such office; and every such assistant shall obey the orders of such surveyor, and be removable in the same manner as the surveyor himself is.<\/p>\n<p>Surveyor or clerk not to serve on juries, or fill any other county office, &amp;c.<\/p>\n<p>44. No such surveyor his clerk or assistant shall be eligible or liable to serve or act on any jury, nor to fill any other county office whatsoever in any county, nor take or receive any fee or gratuity whatsoever from any contractor or other person engaged in any public work in any county, nor for any matter or thing in anywise appertaining to the duty of such surveyor, clerk, or assistant, nor be or become in any manner, directly or indirectly, interested in any contract for the performance of any work presented or to be presented by any grand jury, on pain of forfeiting his office, with all arrears of salary then due to him; and every such contract in which such surveyor, clerk, or assistant shall be or become in any manner directly or indirectly interested, shall be absolutely void; and the surveyor, clerk, or assistant so interested shall forfeit fifty pounds, to be recovered, with full costs of suit, by any person who shall sue for the same.<\/p>\n<p>Appointment of secretary of the grand jury, and discharge of his duties by clerk of the peace during his illness, &amp;c.<\/p>\n<p>45. It shall be lawful for every grand jury to appoint a proper person, duly qualified according to the laws now in force, to act as their secretary; and every secretary of the grand jury who shall be appointed hereafter under the provisions of this Act, shall continue to act as such until he shall be removed by the grand jury, or until another person duly qualified shall be in like manner appointed; and if any person appointed secretary shall happen to die, or be unable from illness to do the duty, the clerk of the peace or his known deputy is hereby required to act as such until the last day of the ensuing assizes, or (in case of the illness of the secretary) until such secretary shall be able to resume his duty; and for the performing all and singular the duties of such secretary such clerk of the peace or his said deputy shall be entitled to receive a rateable proportion of the salary of such secretary for the time during which he shall have performed such duties: Provided always, however, that it shall not be lawful to appoint or continue joint secretaries, or more than one person as secretary in any county.<\/p>\n<p>Such secretary not to be clerk of the peace, &amp;c. Penalty on such secretary for neglect of duty.<\/p>\n<p>46. It shall not be lawful for the same person to be appointed secretary of any grand jury and clerk of the peace, or clerk of the crown, or treasurer of any county, or collector of grand jury cess, or inspector of goals; and in case the secretary of any grand jury shall at any time refuse or neglect to perform any of the duties imposed upon him by the provisions of this Act, such secretary, being convicted thereof before the judge of assize, shall for such refusal or neglect forfeit any sum not exceeding fifty pounds, at the discretion of such judge, and no presentment shall be made of any salary to him.<\/p>\n<p>Grand juries not to name persons in presentments by whom works are to be executed.<\/p>\n<p>All works, printing, &amp;c. to be executed by contract.<\/p>\n<p>All contracts to be by sealed tenders and proposals, &amp;c.<\/p>\n<p>No magistrate, &amp;c. to under-take contract, &amp;c.<\/p>\n<p>Saving as to contracts with loan commissioners.<\/p>\n<p>47. It shall not be lawful for any grand jury, in making a presentment for any public work, to name or appoint therein any person or persons to execute the same, save and except in case of sudden damage or injury under the provision herein-before made in that behalf; but all works, save as aforesaid, and save and except in the case of such repairs as may be executed pursuant to the order of two justices, as herein-after specially provided for, which shall be presented by any grand jury, shall be executed and performed by contract; and all printing for which any grand jury shall be authorized to make presentment shall also be executed by contract; and every contract, whether for any work, printing, or other purpose whatsoever, shall be made by sealed tenders and proposals, to be delivered, opened, and dealt with, and security to be taken, in manner herein-before provided; and no contract shall be entered into save upon and after application made and approved at presentment sessions; and the functions of every grand jury shall in respect of all applications to be made at any presentment sessions be limited to the approval or rejection of the same as approved or modified by such sessions, and to the presentment or annulling thereof accordingly: Provided nevertheless, that no magistrate of the county or cess payer shall undertake or be interested in any contract under this Act for any work approved of or applied for at any sessions at which he shall act or be capable of acting as a justice or associated cess payer, nor shall any county officer, or any person in his employment, undertake or be interested in any contract under this Act; and provided further, that nothing herein contained shall extend to restrain or affect any contract made or to be made with any commissioners acting under authority of Parliament in the loan, advance, or grant of Exchequer bills or money.<\/p>\n<p>Secretary to keep a book containing abstracts of contracts.<\/p>\n<p>48. The secretary of each grand jury shall provide and keep a book in which he shall insert an abstract of all contracts which now are or hereafter may be entered into by such grand jury, setting out the names of the several contractors, and the particulars of each contract, and in the case of roads, for the keeping in repair of which contracts may be or shall have been made, setting out the places whence and to which each road contracted for leads, and at what milestone, mearing, or noted place each road or part of a road under the charge of such contractor commences and ends, or the names of the occupiers of the lands where his contract commences and ends, and the number of perches of road included in each contract, and the rate per perch at which each contract has been entered into, and the whole annual sum which each contractor is to be paid, and the period for which each contract is made; and all contracts so entered in such book shall be numbered, and every such book shall have an alphabetical index referring to the number of each contract.<\/p>\n<p>Any two justices may order sums not exceeding 20l. for repairing sudden damages to bridges, and 10l. to roads, &amp;c.<\/p>\n<p>49. Any two justices of the peace at petty sessions in any county may, under their hands and seals, order any sum not exceeding twenty pounds to be expended in repairing any bridge, or any sum not exceeding ten pounds to be expended in repairing any public road, or any pier or quay on the bank of any navigable lake or river, now or hereafter to be built by grand jury presentment, which may be suddenly damaged, provided it shall appear upon the view of both of them, that the repairs of such bridge or road or such pier or quay cannot be delayed until the next assizes without prejudice to the public, . . .; and it shall be lawful for such justices to appoint a proper person or persons to repair the same; and the grand jury of any such county is hereby empowered to present at the next assizes the sum so expended in repairing any such bridge or road which is liable to be repaired by the county at large to be levied on such county at large, and any sum so expended in repairing any other road to be levied on the barony or on the county of the city or town wherein the same is situate, and any sum so expended in repairing any such pier or quay to be levied on the county at large; and the sum so presented in the said several cases shall be paid to the person or persons so appointed by such justices to make such repairs, upon his or their producing such order under the hands and seals of the said justices, and also a certificate under the hand of the county surveyor that the sum specified in such order appears to have been faithfully and honestly expended pursuant thereto: Provided always, that the same justices of the peace shall not make or sign more than one order for the expenditure of any sum as aforesaid for the reparation of the like sudden damage between the termination of one assize and the commencement of another.<\/p>\n<h4>Presentment for widening or repairing public roads, &amp;c.<\/h4>\n<p>Proviso in case of post roads.<\/p>\n<p>50. It shall and may be lawful for any grand jury to present any part of any public road to be widened to any breadth not more than fifty feet in the clear, or to narrow such roads as the surveyor may report to be unnecessarily wide, and to present all such sum or sums of money as shall be necessary for widening and fencing the same, or for gravelling, macadamizing, paving, fencing, repairing, or otherwise improving any part of any public road, or for filling up grips or trenches on the sides of any public road, and making sufficient fences instead thereof, or for filling dikes or holes on the sides of any public road or for making, widening, or deepening drains on the side of any such road, and, carrying off the water therefrom, to be levied off the barony, county of a city, or county of a town where the same shall be situate: Provided always, that when such public road shall be any road upon which his Majesty\u2019s mails are or shall be carried in mail carriages, one half of such sum or sums of money as shall be necessary for any of the purposes aforesaid shall be presented to be levied off the county, and the other half off any barony or baronies in which such road or any part thereof is or shall be situate.<\/p>\n<h4>Presentment for making and repairing footpaths.<\/h4>\n<p>51. It shall and may be lawful for the grand jury of any county at any assizes to present any footpath to be made or repaired along the side of any road for which they may have authority to make presentment, and to present such sum or sums of money as may be necessary for making or repairing the same to be levied either off the county or off the barony or baronies in which such footpath shall be locally situate, according as the expense of making or repairing such road shall be presented to be levied off the county or any barony or baronies thereof.<\/p>\n<p>Power to present roads, &amp;c. to be repaired by contract for any time not exceeding seven years.<\/p>\n<p>Proviso in case of post roads.<\/p>\n<p>52. It shall and may be lawful for the grand jury of any county to present any public road within such county, or any part of such public road, or any footpath upon the side of such road, to be gravelled or repaired with broken stone, or the battlements of any bridge upon such road to be kept in sufficient order and repair, by contract, for any space of time not exceeding seven years, and also from time to time to present such sum or sums of money as shall be necessary for the execution of any of the above-mentioned works, and the payment of the person or persons with whom such contract for the execution of the same shall have been made, to be levied or raised off any barony, county of a city, or county of a town in which such road may be locally situate, and, when it passes through more than one barony, then proportionately on each barony: Provided always, that in the case of any road upon which his Majesty\u2019s mails are or shall be carried in mail carriages one half of the expenses of such repairs shall be levied off the county, and the other half off any barony or baronies in which such road or any part thereof may be locally situate.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 53 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>County surveyor to cause roads to be repaired in case of neglect on the part of contractor.<\/p>\n<p>54. Provided always, that in case it shall appear to the county surveyor, at any time during the continuance of any contract now made or hereafter to be made for keeping any road in repair, that such road is not in proper repair, he shall require the contractor to put the same in repair, and if such contractor shall neglect to do so within ten days after he shall have been so required, such surveyor shall cause the same to be repaired, and the expense thereof shall be deducted and paid out of the sum which would be payable to such contractor if the road had been kept in proper repair.<\/p>\n<p>Presentment for new lines of road to be levied on the barony, &amp;c.;<\/p>\n<p>or in case of post roads, on the county and barony.<\/p>\n<p>Map of the line to be lodged with secretary along with application.<\/p>\n<h4>Services of notices upon occupiers of land, &amp;c.<\/h4>\n<p>55. It shall and may be lawful for the grand jury at any assizes to present any new road to be laid out and made of any width not less than sixteen feet nor more than fifty feet in the clear, and to present all such sum and sums of money as shall be necessary for laying out, or for forming, levelling, and draining, or for gravelling, paving, and making the same, and also for making fences thereto, to be levied on the barony or county of a city or county of a town in which the same shall be situate, and, when it passes through more than one barony, then proportionately on each barony, unless such new line of road shall be one upon which it is intended that his Majesty\u2019s mails shall be carried in mail carriages, in which case it shall and may be lawful for the grand jury to present one half of all such sums of money as shall be necessary for any of the purposes aforesaid to be levied off the county, and the other half off any barony or baronies through which such new road shall pass: Provided always, that no presentment shall be made for laying out any such new road unless together with the application therefor a map of such intended new road has been lodged with the secretary of the grand jury ten days at least before the day for holding the first presentment sessions after each assizes in such county, and that a notice setting forth that an application is intended to be made for a presentment to lay out such new road (distinguishing the several townlands and baronies through which it is intended to be carried, with the number of perches in length through each townland,) has been personally served upon or left at the house of each occupier of the land through which such new road is intended to be made, fifteen days at least before the day of holding such sessions, nor unless it shall appear that no part of such new road is to be made through any deer park inclosed with a wall built of lime and stone or bricks, five feet high or more, without the consent of the owner thereof, and that no part thereof is to be made through any house entirely built with lime and stone or bricks, or through any office belonging to any person inhabiting a house so built, without the consent of such person.<\/p>\n<h4>Presentment for lowering hills, filling up hollows, building and repairing bridges, &amp;c. upon public roads.<\/h4>\n<p>56. It shall and may be lawful for the grand jury of any county to present such sum or sums of money as may be necessary for lowering any hill or filling up any hollow, or both, on any public road, and for making the road thereon with stones and gravel, or for building, rebuilding, repairing, altering, or enlarging any bridge, pipe, arch, or gullet built of stones or bricks or wood, under or on any such road, or filling or gravelling over any such bridge, arch, pipe, or gullet, or for building or repairing any wall or part of a wall necessary to the support of or to prevent any steep banks of earth from falling upon any such road, or for erecting any fence, railing, or wall for the protection of travellers from dangerous precipices or holes on the side of any public road, to be raised either off the county or off the barony or baronies in which the same may be locally situate.<\/p>\n<h4>Where a river or road is the boundary of two counties, one half the sum shall be raised off each.<\/h4>\n<p>57. Where a river or stream or where any road is the boundary between two counties, so as that one side of such road shall be in one county and the other side in another county, it shall not be lawful for the grand jury of either county to present to be raised on either county, or upon any barony of either county, more than one half of the sum required for building, rebuilding, repairing, enlarging, or altering any bridge, pipe, arch, or gullet over such stream or river, or for repairing, making, or widening any such road; and no application for payment on account of any such presentment shall be allowed unless an equal sum shall have been presented to be raised for the said work on the adjoining county or some barony thereof.<\/p>\n<p>Lines of new road may be surveyed upon certificate of surveyor, allowed by two justices.<\/p>\n<p>58. It shall and may be lawful for any person or persons to survey and measure any line intended for a new road for which a presentment is to be applied for, and for that purpose to enter in and upon any lands or premises through which such intended line may pass, provided that such person or persons shall be thereunto authorized by a certificate in writing under the hand of the county surveyor, stating that such survey, and entry to make the same, is proper, and that such certificate shall be allowed by two justices of the peace for the county wherein such lands or premises may be situate, such allowance being signified under their hands by indorsement upon such certificate.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 59 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Presentment of old roads to be stopped up.<\/p>\n<p>60. It shall be lawful for the grand jury of any county, after application made and approved of at the preceding presentment sessions, to present any old road in such county which may appear to them to be useless to be stopped up, to every which presentment it shall be lawful for any person to enter a traverse at the then or the next assizes; and if such traverse shall not be tried within a year after such presentment shall be made, the presentment shall stand good and valid to all intents and purposes.<\/p>\n<p>Commissioners under 1 &amp; 2 Will. 4. c. 33., on application of postmaster general, and with consent of lord lieutenant, to cause post roads to be repaired.<\/p>\n<p>61. [1] [Recital of expediency of speedy repair of roads on which mails are carried.] It shall be lawful for the commissioners acting under and in execution of an Act passed in the first and second years of the reign of his present Majesty, intituled \u201cAn Act for the extension and promotion of public works in Ireland,\u201d upon the application of his Majesty\u2019s postmaster general, setting forth and describing the line of any such road or the portion of any such road which may stand in need of repair, by and with the consent of the lord lieutenant, to cause such road, or such portion thereof as shall be described in such application, and any or every bridge, arch, or pipe, gullet or wall thereon, to be put forthwith into good and sufficient repair accordingly, under the superintendence of the county surveyor in every county except the county of Dublin and county of the city of Dublin, and in each of those counties under the superintendence of a surveyor appointed by them; and upon the application of the said commissioners, setting forth what sum will be requisite and necessary from tiine to time for the purposes aforesaid, it shall and may be lawful for the lord lieutenant to direct by his warrant that the sum or sums of money so required by the said commissioners shall be advanced and paid to the said commissioners out of the produce of the consolidated fund of the United Kingdom of Great Britain and Ireland, to be applied under the directions of the said commissioners in manner aforesaid.<\/p>\n<h4>Amount of money expended in such repairs to be certified to the grand jury of the county, who shall present the same.<\/h4>\n<p>62. [1] Whenever any such road or bridge, or any portion thereof, not being a turnpike road or bridge, shall be so put in good and sufficient repair, under the direction of the said commissioners, the secretary to the said commissioners shall deliver or cause to be delivered to the secretary of the grand jury of any and every county, within which any such road or bridge or any portion thereof shall be situate respectively, a certificate of the amount of money which shall have been so expended upon the repair of any such road or bridge or any portion thereof, and the other expenses aforesaid, within any and every such county respectively, together with an account of the items of such expenditure, certified by the said county surveyor or other person employed; and every such certificate and account shall at the next or some succeeding assizes be laid before the grand jury of any and every such county respectively, and thereupon the grand jury of any and every such county respectively shall make presentment of the amount of such expenses as stated in such certificate, to be raised off such county at large, barony or half barony, previously chargeable with the maintenance of such road or bridge; and when and so soon as the sum so to be presented as aforesaid shall be raised and received by the treasurer of any and every such county respectively, he shall pay over the same to such bank or person as the Treasury shall direct, or to such person or persons and in such manner as may be directed by the vice-treasurer of Ireland.<\/p>\n<p>Expense of repair by commissioners of bridges between counties to be borne equally.<\/p>\n<p>63. Provided always, that wherever any bridge which shall be repaired by the said commissioners as aforesaid shall be situate partly in one county and partly in another, the expense of repairing such bridge shall be borne and defrayed equally by such counties; and the certificates and presentments by this Act required shall be framed and made accordingly.<\/p>\n<p>Proceedings in case of grand jury refusing or neglecting to make presentment for making or repairing any road.<\/p>\n<p>64. If at any time hereafter it shall appear from a memorial signed by twenty cess payers in any barony that the grand jury of any county has twice refused to present for the making or repairing of any road in such barony, and that by reason thereof the inhabitants of such barony are aggrieved, it shall be lawful for the lord lieutenant to refer such memorial to the commissioners of public works to examine into the truth of the allegations therein contained, and to report thereon, and particularly to report whether it is necessary for the public convenience that such road should be repaired or made, and what would be the expense thereof; and thereupon it shall be lawful for the lord lieutenant, if he shall think fit, to refer such report to the grand jury of the county at the next assizes; and such grand jury may thereupon, if they shall think fit, present that such road shall be made or repaired in such manner as shall be recommended by the report of the said commissioners, and that the sum necessary for that purpose shall be raised off the county or any barony or baronies thereof in such proportions as they may think proper; and in case they shall refuse or neglect to make any such presentment, it shall be lawful for the lord lieutenant to direct the said commissioners to cause such road to be made or repaired, and the expense thereof shall be certified by them to the lord lieutenant, who shall cause such certificate to be laid before the grand jury of the county, and such grand jury shall and they are hereby required to present the amount thereby certified to be levied off the county at large in which such road may be situated, and to be repaid to such commissioners by such instalments as the lord lieutenant shall think fit to direct.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 65 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Presentment for obtaining maps of ordnance survey, and correct surveys and maps of alterations of county roads.<\/p>\n<p>66. It shall and may be lawful for the grand jury of any county, on the publication of the ordnance trigonometrical survey, to present, for the maps thereof to be mounted, in baronies or otherwise, as may by them be deemed best, a sum not exceeding the rate of ten pounds for every thirty-five thousand acres, to be levied off the county at large; and it shall and may be lawful for the grand jury of any county, at the end of every ten years from the date of the publication of the ordnance survey of such county, to present a sum not exceeding the rate of twenty pounds for every fifty thousand acres, to be levied off the county at large, for obtaining a correct survey and map containing all the alterations made in the roads of such county since the then last preceding survey.<\/p>\n<p>Presentment for constructing, repairing, &amp;c. piers and quays on navigable rivers or lakes or on the sea coast, and making approaches, &amp;c.<\/p>\n<p>67. It shall and may be lawful for the grand jury of any county to present, to be levied off such county, for the erection of any pier or quay, or for the repairing or enlarging of any existing pier or quay, on the banks of any navigable river or lake or on the sea coast, or for the making or repairing of any road or approach to any such pier or quay, or for deepening or embanking any such river or lake, in such county, any sum or sums of money not exceeding in the whole the sum of three hundred pounds, not exceeding two thirds of the whole sum at which said work has been contracted for: Provided always, that no sum or sums of money shall be presented for the erection of any pier or quay or the making any roads or approaches thereunto, until the person or persons making application therefor at the county presentment sessions shall have paid into the hands of the county treasurer a sum equal to the one third part of the whole sum at which said work has been contracted for, and such payment shall have been certified to the grand jury by the said treasurer\u2019s receipt, nor unless the consent in writing, under the hand and seal of the owner or owners in fee, or of the person or persons having a lease of lives renewable for ever, or a term of years of not less than ninety-nine to come and unexpired at the time of making such presentment, of or in the lands on which the said work is to be constructed, shall have been lodged in the office of the said treasurer six clear days before the assizes at which the application for such presentment is to be considered.<\/p>\n<p>Such piers and quays to become public property.<\/p>\n<p>68. Every pier or quay, which has been or may hereafter be built or enlarged by presentment of any grand jury upon any navigable lake or river or on the sea coast pursuant to the provisions of this or any other Act of Parliament, shall be deemed and become public property.<\/p>\n<h4>Presentment for building, repairing, &amp;c. court houses and sessions houses.<\/h4>\n<p>Expenses may be raised by half-yearly instalments.<\/p>\n<p>69. It shall and may be lawful for the grand jury of any county to present such sum or sums of money, to be raised off such county, as shall be necessary for building, rebuilding, enlarging, repairing, altering, or fitting up any court house or sessions house therein; and whenever any presentment shall be made for any of such purposes, or any other public works, and the sum necessary to be raised for the same shall be greater than it may be proper to levy off such county at one time, then and in every such case it shall be lawful for such grand jury to present in the first instance the whole sum required for such purpose, and to direct in and by such presentment that the same shall be raised on such county by such half-yearly sums or instalments, and in such proportions, as to such grand jury may seem expedient, and the same shall be so raised accordingly: Provided always, that it shall be lawful for any subsequent grand jury to present that any of the said instalments shall be increased to any sum that shall be found necessary or proper.<\/p>\n<p>If quarter sessions are directed to be held in any place where there may not be a sessions house, the surveyor to prepare specifications, plans, &amp;c.<\/p>\n<p>Grand jury to examine them, and present that a sessions house shall be built, and a sum levied off the county for that purpose, &amp;c.<\/p>\n<p>If no presentment is made, &amp;c. lord lieutenant to direct commissioners of public works to build sessions houses, &amp;c.<\/p>\n<p>70. In case at any time hereafter the lord lieutenant shall direct that a quarter sessions of the peace or any adjournment thereof shall be holden for the despatch of civil or criminal business in any town or place in which there may not be a sessions house, the surveyor of the county shall, on being required by the lord lieutenant so to do, prepare such specifications, maps, plans, sections, and elevations as may be necessary for the erection of a sessions house therein, expressing the nature and probable expense of the works and the materials proper to be employed; and the same shall be delivered to the secretary of the grand jury, who shall lay the same, together with a copy of the warrant of the lord lieutenant, before the grand jury at the assizes next after the time at which he shall receive the same; and the grand jury shall examine such specifications, maps, plans, sections, and elevations, and such others as may be laid before them, and either adopt the same or make such alterations therein as they may think proper, or reject the same, and shall present that a proper and sufficient sessions house shall be provided or built in such town or place within the period of one year from such assizes, and that a sum not exceeding one thousand pounds shall be levied off the county for that purpose at one time, or by instalments to be completed within the period of five years; and the surveyor shall thereupon prepare a proper form of tender for the execution of such work, and shall deliver the same to the secretary of the grand jury, who shall lay the same, together with the presentment, and the specifications, maps, plans, sections, and elevations, as approved of by the grand jury, before the next presentment sessions holden for the county at large, who shall direct within what period before the day to which such sessions may be adjourned tenders for the execution of the works shall be received; and any tenders that shall be made for the execution of such works shall be opened at the first adjournment of such sessions, and dealt with in all respects in like manner as any other tender for a work approved of and presented is: Provided always, that if such presentment shall not be made, and a valid contract for executing such work shall not be entered into within the period of two months from the assizes at which such warrant shall have been laid before the grand jury, it shall be lawful for the lord lieutenant to direct the commissioners of public works in Ireland to build or provide such sessions house; and on the production to the grand jury at any assizes of the certificate of the secretary of such commissioners that a sum not exceeding the sum of one thousand pounds has been expended in building such sessions house and purchasing a site for the same, or for either of such purposes, the grand jury shall and they are hereby required to present the sum so certified to be levied off such county in one payment, and to be paid to the secretary of the said commissioners in satisfaction of the sum so expended: Provided further, that in case the said commissioners of public works shall find it convenient to take a lease of any premises for the purpose of building such sessions house thereon, they shall be at liberty to do so, and to engage to pay an annual or other rent for the same, not exceeding the sum of fifty pounds per annum; and the grand jury shall and they are hereby required from time to time to present a sum equal to the amount of such rent to be levied off the county and paid in discharge of the same.<\/p>\n<p>Grand juries may advertise for specifications, &amp;c.<\/p>\n<p>71. It shall and may be lawful for the grand jury of any county to advertise in the public newspapers for specifications, maps, plans, sections, and elevations from professional architects for the erection, alteration, and repair of such buildings as may be required for the public use of the county, and to present a sum not exceeding fifty pounds as remuneration to the architect whose plans shall be approved of, and to employ such architect, should they judge it necessary, in superintending the work to be executed pursuant to his plan, on such terms as may be determined by the grand jury.<\/p>\n<p>Purchase, &amp;c. of sites for court houses and sessions houses.<\/p>\n<p>7 Geo. 4. c. 74.<\/p>\n<p>72. Whenever any presentment shall be or has been made for the purpose of building a new or enlarging any court house or sessions house in and for any county, it shall and may be lawful for the grand jury of such county to authorize such commissioners as such grand jury shall appoint to contract and agree with any person or persons, or body or bodies corporate or politic, for the purchase or renting of any houses, buildings, lands, tenements, or hereditaments convenient for the site of any new court house or sessions house, or adjourning to any old court or sessions house, and convenient for the purpose of enlarging the same or the courts or outlets thereunto belonging; and the lands, tenements, or hereditaments so contracted or agreed for shall be demised or conveyed to such commissioners, and to their heirs, executors, administrators, and assigns, in trust for the uses and purposes aforesaid; and such commissioners shall be appointed, and such demise or conveyance made in such manner and under such and the like rules and regulations, as are prescribed in an Act made in the seventh year of his late Majesty\u2019s reign, intituled \u201cAn Act for consolidating and amending the laws relating to prisons in Ireland,\u201d with respect to the appointment of commissioners, and the demising and conveying of any lands, tenements, or hereditaments to such commissioners under that Act: Provided always, that in case such commissioners shall be unable to agree with the owners of any lands, tenements, or hereditaments proper or necessary to be purchased for the purposes of any such presentment, and if the grand jury by which such presentment shall have been made or any subsequent grand jury shall direct that the same be purchased or rented by and under the valuation of a jury, it shall and may be lawful to and for the commissioners appointed as aforesaid, or any three or more of them, to issue their warrant to the sheriff in the manner directed by the said Act of the seventh year of his late Majesty\u2019s reign, and thereupon such and the like proceedings shall and may be had and taken for summoning, impannelling, and swearing juries, and valuing the premises so directed to be purchased or rented, and each and every part thereof respectively, and for obtaining the full possession and seisin thereof and a good title thereto in the said commissioners, and with and subject to all the same rules, regulations, conditions, and jurisdictions, as in the said Act provided concerning any premises to be purchased by such valuation under the aforesaid Act of the seventh year of his late Majesty\u2019s reign, and the said commissioners shall in that behalf have, possess, and exercise all and every the like powers and authorities as by the said Act are granted to and vested in the commissioners therein mentioned; and it shall be lawful for any such or any subsequent grand jury to present the sum so agreed upon or fixed as the purchase money of such premises, and the costs attending such purchase, to be levied off such county, either at one time or by half-yearly instalments, in such manner as they may think proper; and such presentment may be made without any previous application to any presentment sessions.<\/p>\n<p>Presentment for rents of court houses and sessions houses.<\/p>\n<p>73. It shall and may be lawful for the grand jury of any county, and they are hereby required, to present at each assizes, without previous application at presentment sessions, to be raised upon such county, all such sum or sums of money as shall be necessary for paying such rent or rents of any court house or sessions house, or their appurtenances respectively, as now are or shall at any time hereafter be payable for the same.<\/p>\n<p>Court house for county at large built within a county of a city, &amp;c. to be deemed part of the county at large.<\/p>\n<p>74. Whenever any court house of or for any county at large shall have been built or enlarged pursuant to the provisions of this or any other Act of Parliament, then if such court house or the additions so then made thereto shall be within a county of a city or county of a town wherein the assizes or commissions of oyer and terminer and general gaol delivery for such county have usually sat or been held, every such court house which shall have been so built or enlarged, and all additions so thereto made and appurtenances therewith occupied, shall be deemed and taken to be part and parcel of the county at large for which the same shall have been so built or enlarged as aforesaid: Provided always, that whenever such tenement shall cease to be a court house, whether by reason of the building a new court house or otherwise, then and from thenceforward such house and the site and appurtenances thereof shall be and be deemed and taken to be part and parcel of the county of the city or county of the town within which the same shall be so locally situate.<\/p>\n<p>Sale of old court houses and sessions houses.<\/p>\n<p>Proceeds to be applied to county purposes.<\/p>\n<p>75. It shall and may be lawful for the commissioners appointed as aforesaid by any grand jury of any county to sell and dispose or to authorize the sale and disposal of any old court house or sessions house belonging to such county in which the assizes or sessions for such county have been discontinued or ceased to be held, together with the ground or site on which the same is built, according to the title or interest which such county may have in the same, and also to sell and dispose of or to authorize the sale and disposal of all or any part of the materials of which such old court house or sessions house may be composed; and the money arising therefrom shall be paid into the hands of the treasurer of such county, to the credit of such county, and applied to defray the purchase money of any premises required for the erection of any new court house, or to the erection of such new court house, or such other purposes as any other public money raised off such county and coming to the hands of such treasurer may be applied.<\/p>\n<p>Presentment for fuel and light for court houses and sessions houses.<\/p>\n<p>76. It shall and may be lawful for the grand jury of any county at any assizes, without any previous application to presentment sessions, to present, to be levied off such county, such reasonable sum or sums as they shall think proper for providing fuel or light for each and every or any court house or sessions house in or belonging to such county; provided that no sum so presented shall be paid by the treasurer of such county until the person, to whom any such sum so to be presented for fuel shall be payable under such presentment, shall produce to such treasurer an affidavit, sworn by him before the foreman of the grand jury at the last assizes for such county, stating that the sum required to be paid hath been duly expended in the purchase of fuel for the use of such court house or sessions house pursuant to such presentment, and that the whole of such fuel hath been consumed in the said court house or sessions house and for the use and benefit thereof, or, if any part of such fuel shall not have been consumed, stating how much thereof has been consumed, and that the residue then remains in safe keeping, to be applied to the use of the said court house or sessions house in like manner.<\/p>\n<p>Presentment for rent of petty sessions rooms, &amp;c.<\/p>\n<p>77. It shall be lawful for the grand jury of any county to present, for each of the places wherein petty sessions shall be appointed to be held, an annual sum not exceeding ten pounds, to be raised off such county, for the rent of a room or rooms for the holding of petty or special sessions thereat, and of a lock-up room or house, provided that such room or rooms shall not be in a house where spirituous or fermented liquors are sold, nor in any police barrack, nor in any other building maintained either wholly or in part at the public expense; and provided that whenever a public court house shall have been built and provided at any place so appointed, no such presentment shall be made, but the petty and special sessions shall be holden in such public court house, and not elsewhere: Provided also, that it shall be proved to the satisfaction of the county presentment sessions, where application shall be made for such rents, that six meetings of justices during the six months immediately preceding such application shall have been held in such room or rooms.<\/p>\n<p>Grand juries may present sums not exceeding 1,000l. for surrenders of leases.<\/p>\n<p>78. [Recital.] It shall be lawful for any grand jury, without any previous application to a presenting session, to present that any sum not exceeding one thousand pounds shall be raised off any county, and paid to the lessor in any lease of premises held for any public purposes, or the representatives of such lessor, as a consideration for accepting a surrender of such lease.<\/p>\n<p>Presentment for session house keepers and interpreters.<\/p>\n<p>79. It shall and may be lawful for the grand jury of any county to present, without any previous application at sessions, to be levied off such county, any sum not exceeding four pounds at each assizes as a salary or payment for the keeper of any sessions house belonging to such county where the general quarter sessions of the peace are held, and any sum not exceeding five pounds at each assizes for an interpreter at such assizes, if such payment shall be recommended by the court.<\/p>\n<p>Presentment for gallows, milestones, &amp;c.<\/p>\n<p>80. It shall be lawful for any grand jury as aforesaid to present, to be raised off the country at large, any sum or sums of money for making or repairing a gallows, or for bolts and shackles, not exceeding in the whole in any one year the sum of twenty pounds, and also for erecting or repairing direction posts, milestones, mileposts, or dep\u00f4ts for materials, not exceeding one pound for each direction post, milestone, milepost, or dep\u00f4t.<\/p>\n<h4>Presentment for support of fever hospitals established by subscription.<\/h4>\n<p>81. [1] Where any fever hospital for the purpose of furnishing medicine and affording medical and surgical aid to the poor of any city, town, or place in any county, is now or shall be hereafter established in such county by private subscriptions or donations, and a certificate of the sum or sums of money actually received by the treasurer of such fever hospital from private subscription or donation since the last application to presentment sessions, or since the establishment of such fever hospital, and a statement of the number of persons admitted or relieved, together with an account of the receipt and disbursement of all monies raised by virtue of any presentment for such fever hospital, as well as of all monies actually received from private subscription or donation for the use of such fever hospital since the date of such last application or establishment, shall have been laid before the presentment sessions ensuing the disbursement thereof, and such certificate and account, verified upon the oath of such treasurer, shall, together with the application for a presentment for such fever hospital, have been allowed and approved of at such sessions, it shall be lawful for the grand jury of such county at any assizes, and they are hereby required, to present, to be raised off such county, a sum not exceeding, double the amount of such private subscriptions or donations so received, to be paid to the treasurer of such fever hospital, and applied (under the direction of the subscribers of any annual sum of not less than one guinea, or such committee of them, not fewer in number than five, as they shall appoint for that purpose at any general meeting of such subscribers), together with the monies received by private subscription and donation, in fitting up and supporting such fever hospital, and in providing medicine and medical and surgical aid for the poor of such place and its neighbourhood: provided also, that no such presentment shall be made unless it shall appear by the certificate of such treasurer, verified as aforesaid, that the medical attendant resided since the creation of such hospital, or since the last assizes (as the case may be), at or within five statute miles of such hospital; . . .<\/p>\n<p>Presentment for erection of fever hospitals of a sum not exceeding double the amount of private subscriptions received for the purpose.<\/p>\n<p>Presentment for support of fever hospital, &amp;c. in Cork.<\/p>\n<p>82. Whenever it shall be made appear, by statement on oath to the grand jury of any county, that there has been actually received from private subscriptions or donations any sum or sums of money for the purpose of erecting any house to be applied to the reception of fever patients, and either connected with any local dispensary or not, as the case may happen, and upon a certificate by one or more physicians that there is a necessity for providing accommodation for such patients, it shall and may be lawful for such grand jury, and they are hereby required, to present, to be raised off such county, any sum not exceeding double the amount of the sum or sums so raised by donation or subscription, and actually received by the treasurer, to be applied, together with the monies so received by private donation or subscription, in erecting such house for fever patients, in such manner as the subscribers of any sum not less than one guinea, or such committee of them, not fewer than five, as they shall appoint for that purpose at any general meeting of such subscribers, shall in their discretion deem most advisable: Provided always, that the affidavit and certificate herein mentioned shall, together with the application for such presentment, have also been laid before the presentment sessions and approved thereat: Provided also, that it shall and may be lawful for the grand juries of the county of Cork and county of the city of Cork respectively, if they shall think proper, to present for the support and maintenance of the fever hospital or house of industry or lunatic asylum in the city or county of Cork at any assizes any sum not exceeding the sum presented for the support or maintenance of such establishments respectively at any assizes during the last five years.<\/p>\n<h4>Presentment for support of county fever hospitals.<\/h4>\n<p>Account of receipt and expenditure to be laid before presentment sessions.<\/p>\n<p>83. Where any fever hospital has been or shall be established in and for any county, it shall and may be lawful for the grand jury of such county to present such sum or sums of money, not exceeding the sum of two hundred and fifty pounds at each assizes, as shall appear to be necessary for the support of any such county fever hospital; and such sum shall be raised off the county at large, and levied and applied accordingly: Provided always, that an account of the receipt and expenditure of such fever hospital, from the time of its establishment to the time of the first presentment required, and afterwards from the time of each presentment required till the time when any further presentment is required, shall, together with an application for the sum so proposed to be presented, be laid before the presentment sessions to be holden under this Act for the purpose of considering applications for presentments, and that such account and application shall be approved at such sessions.<\/p>\n<p>Presentment for building or repairing county fever hospital.<\/p>\n<p>On presentment being certified to lord lieutenant, he may direct advance of money to county treasurer out of consolidated fund.<\/p>\n<p>Treasurer to repay money so advanced.<\/p>\n<p>84. It shall be lawful to and for the grand jury of any county in which a fever hospital shall not have been erected before the passing of this Act, or in which it shall be made appear to the satisfaction of the grand jury that any fever hospital requires to be enlarged, repaired, or rebuilt, to present at any assizes for such county any sum or sums of money for the purpose of erecting, establishing, hiring, repairing, and fitting up one fever hospital in any such county in which no such hospital shall have been previously established, or for the purpose of enlarging, repairing, or rebuilding any fever hospital which shall have been previously established, and to set forth in such presentment that the sum therein mentioned shall be raised and levied within the period of six years by half-yearly or yearly instalments, and also to set forth in such presentment what part thereof shall be raised upon any barony or baronies in any such county, or on the county at large; and the treasurer of any such county shall from time to time, without further authority or presentment in that behalf, insert in his warrant at each assizes the portion or portions so set forth of the sum so presented, and the same shall be raised and levied in like manner from time to time, and with the like remedy in case of nonpayment, as all other money directed by such warrant is by law to be levied; and when and so soon as such presentment shall have been duly certified by the acting clerk of the crown to the lord lieutenant, it shall and may be lawful to and for such lord lieutenant to direct the amount of such sum of money so presented, or any part thereof, to be advanced out of the growing produce of the consolidated fund in Ireland to the treasurer of such county, to be applied for the purposes for which such presentment shall have been made, under such rules and regulations as to such lord lieutenant shall seem fitting and expedient; and such money so advanced and paid by such treasurer shall be accounted for by him in like manner as any other monies received by him for the use of such county, and all securities given by him or in his behalf shall extend to such money; and such treasurer shall from time to time pay to such bank or person as the Treasury shall direct all such sums as shall from time to time be received by him from the baronial or other collectors by virtue of the presentment on account of which such money shall have been advanced, until the whole sum advanced shall be repaid.<\/p>\n<p>Presentment for support of county infirmary.<\/p>\n<p>85. It shall be lawful for the grand jury of any county at each assizes to present to be raised off such county (whether there be or be not any special provision in any Act of Parliament relative thereto) a sum not exceeding seven hundred pounds, to be paid to the treasurer of the infirmary of such county, and applied to the support and maintenance of such infirmary: Provided always, that, together with an application for such presentment, a certificate under the hand of the physician or surgeon of such infirmary, stating the number and names of patients, as well extern as intern, received and relieved since the preceding application, and also a true debtor and creditor account of the funds and expenses thereof, commencing from the time of the preceding application, attested by the signature of the treasurer of such infirmary, shall have been laid before the presentment sessions, and that such application and account shall have been approved of thereat.<\/p>\n<p>Presentment for salary of surgeon of county infirmary.<\/p>\n<p>Declaration to be signed by surgeon of infirmary, &amp;c.<\/p>\n<p>86. It shall and may be lawful for the grand jury of any county to present at each assizes any sum not exceeding forty-seven pounds, to be raised off such county, and paid to the surgeon or surgeons of the infirmary thereof: Provided always, that no such presentment shall be made unless, together with an application therefor, a certificate signed by the governors of such infirmary or hospital, or by five of them at the least, shall be laid before the presentment sessions, which certificate shall state that the surgeon or surgeons, for whom such sum is requested to be presented, hath or have resided at or within one mile of such infirmary, and duly and faithfully executed his or their duty as surgeon of such infirmary or hospital, and diligently complied with the rules and regulations of the governors of such infirmary, since the date of the last application, nor unless a true copy (certified under the hand of the treasurer of such infirmary or hospital) of the letters testimonial from the college of surgeons in Ireland by law required to be obtained by every such surgeon shall be laid before the special sessions next after his appointment to his office, . . . and provided also, that no surgeon or medical attendant hereafter appointed shall be qualified to act as surgeon of any infirmary or dispensary until he shall have signed and deposited with the secretary of the grand jury a declaration in the form in the schedule (R.) to this Act annexed.<\/p>\n<p>Penalty for giving or promising any money, &amp;c. to obtain the appointment to any office or employment under this Act.<\/p>\n<p>Persons appointed to any such office to subscribe a declaration at the next assizes, which shall be preserved.<\/p>\n<p>87. If any person shall by himself, his friends, or agents, directly or indirectly give or promise to give any money, or any security for money, or other consideration, to any person or persons, in order to procure the appointment to the office of treasurer, clerk of the peace, secretary of the grand jury, surveyor, or any other office or employment in this Act mentioned, or in order to procure the resignation of any person or persons holding such office, or in order to influence the votes of the persons who may have the appointment to such office, he shall be incapable of holding any such office or employment, and shall forfeit for every such offence a sum of one hundred pounds to any person who will sue for the same; and such sum may be recovered by civil bill before the assistant barrister, or by action in any of the superior courts; and every person appointed to any of such offices shall, at the assizes next after his appointment, subscribe in open court before the foreman of the grand jury and deliver to him a declaration in the form in the schedule (T.) to this Act annexed, and the same shall be preserved by the clerk of the crown among the records of the county; and no presentment shall be made for any salary to any such officer until he shall have so subscribed and delivered such declaration.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 88 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 53 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 90 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>Presentment for erecting, &amp;c. district lunatic asylum.<\/p>\n<p>1 &amp; 2 Geo. 4. c. 33.<\/p>\n<p>91. At any time after any order in council shall be made by the lord lieutenant by and with the advice of his Majesty\u2019s privy council in Ireland, under and by virtue of the provisions of an Act passed in the first and second years of the reign of his late Majesty King George the Fourth, intituled \u201cAn Act to make more effectual provision for the establishment of asylums for the lunatic poor, and for the custody of insane persons charged with offences, in Ireland,\u201d or any Act or Acts amending the same, and after such order shall have been published in the Dublin Gazette, it shall and may be lawful for the grand jury of any county within any district appointed under the said recited Act to present at any assizes such sum or sums of money to be raised off such county as shall be requisite for defraying the expenses of erecting and establishing an asylum for the lunatic poor for such district, or any proportion thereof, ascertained by any order made by the said lord lieutenant and privy council.<\/p>\n<p>Presentment for support of district lunatic asylum.<\/p>\n<p>92. It shall and may be lawful for the grand jury of any county, within any district for which a lunatic asylum is now or shall at any time hereafter be built and established under the provisions of the said last-recited Act, to present at each assizes, to be levied off such county, such sum or sums of money as shall be necessary for the expenses of supporting, supplying, and maintaining any such asylum, or the officers thereof, or the patients therein, or any proportion of such expenses, ascertained by order of the said lord lieutenant and privy council.<\/p>\n<p>Presentment for repaying advances from consolidated fund for erecting and supporting a district lunatic asylum.<\/p>\n<p>93. [1] Whenever the lord lieutenant by and with the advice of his Majesty\u2019s privy council in Ireland, shall, under the provisions of the said last-recited Act or any Act amending the same, have ordered and directed any sum or sums of money to be advanced, issued, and paid out of the growing produce of the consolidated fund arising in Ireland, for the purpose of erecting and establishing, opening, carrying on, maintaining, or supporting any such asylum, the grand jury of every county within the district in and for which such asylum shall be erected and established, shall and they are thereby required (after any such asylum shall be fit for the reception of such lunatic poor) to present at each assizes, without any previous application at presentment sessions, such sum or sums of money to be levied off such county as shall be necessary for the repayment of any such sum or sums so advanced, or any part thereof, at such times and in such proportions as shall be directed and ascertained by any order or orders to be made by such lord lieutenant in council as aforesaid.<\/p>\n<p>Presentment for purchase money or rent of site of district lunatic asylum.<\/p>\n<p>94. In each and every case when the commissioners appointed for general control and correspondence, and for the superintending and directing the erection, establishment, and regulation of district lunatic asylums, shall have rented or purchased any houses, buildings, lands, tenements, or hereditaments, on the site or sites of which it shall be proposed to erect or maintain any such asylum, it shall be lawful for the grand jury of any county in or for which wholly or in part any such asylum hath been or shall be established, and such grand jury are hereby required, at the assizes next ensuing the day or time when such purchase shall be made or such rent shall become due, or as soon after as shall be requisite, and so from time to time whenever the case shall happen, to present, without previous application to presentment sessions, to be levied off such county, such sum or sums of money as they shall be directed to present by the lord lieutenant of Ireland in council as aforesaid for the purpose of completing such purchase or paying such rent or rents.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 95 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Presentment for building, &amp;c. diocesan schools and school houses.<\/p>\n<p>53 Geo. 3. c. 107.<\/p>\n<p>96. It shall and may be lawful for the grand jury of any county in which any diocesan school or district school, or the site appointed for the same, shall be situate, to present, to be levied off such county, any sum or sums which they shall think proper for purchasing, providing, building, or repairing any such schoolhouse, or a dwelling house for the master thereof, or any of the offices or appurtenances properly belonging to such school-house or dwelling house, or for purchasing or procuring a site for the same, not exceeding the quantity of two plantation acres: Provided always, that whenever any grand jury shall make such presentment for any schoolhouse or dwelling house as and for the schoolhouse of the diocese only within which such county shall be situate, or as and for the dwelling house of the schoolmaster of such diocesan school only, such diocese shall not be or remain united to or with any other diocese under any of the provisions of an Act passed in the fifty-third year of his Majesty King George the Third, intituled \u201cAn Act for the appointment of commissioners for the regulation of the several endowed schools of public and private foundations in Ireland,\u201d but such diocesan school shall be supported within its proper diocese only and the money raised in such diocese shall be applied solely and entirely to the use of such diocesan school, and not to any district school or other school out of such diocese.<\/p>\n<p>[Ss. 97\u2013100 rep. 9 &amp; 10 Vict. c. 37.]<\/p>\n<p>Presentment of money for constabulary force.<\/p>\n<p>101. It shall be lawful for the grand jury of each county at each assizes, and they are hereby required, to present, to be levied off such county, or off any barony or half barony, (as the case may be,) all and every such sum or sums of money as may be chargeable upon and directed to be presented and levied off such county, barony or half barony, by and under the provisions of . . . [54 Geo. 3. c. 131., 3 Geo. 4. c. 103., or any Acts amending the same, or] any Act passed or to be passed in this present session of Parliament to consolidate the laws relating to the constabulary force in Ireland; and every such presentment shall be made without any previous application to presentment sessions, and in all respects pursuant to the regulations of the said Acts, or such of them as may be applicable to the case; and the money levied under every such presentment shall be paid over in such manner, and to such bank or person, as the Treasury shall direct . . .<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 102 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 103 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 104 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Payment of and presentment for expenses of prosecutors and witnesses in cases of felony.<\/p>\n<p>105. Where any person shall have been tried for any felony whatsoever it shall be lawful for the court before whom such person shall have been tried, in case it shall appear that there was a reasonable ground of prosecution, to order the treasurer of the county in which the offence shall have been or shall have been alleged to have been committed, to pay to the prosecutor, upon his application, such sum of money as to such court shall seem reasonable, not exceeding the expenses which it shall appear to the court that such prosecutor may have bon\u00e2 fide incurred in carrying on such prosecution; and in case such prosecutor shall appear to the court to be in poor circumstances, such court may make a further reasonable allowance to such prosecutor for trouble and loss of time, which order the clerk of the crown or clerk of the peace respectively is hereby directed and required forthwith to make out and deliver to such prosecutor without fee or reward; and when any person shall appear on recognizance or subp\u0153na to give evidence as to any felony whatsoever, whether the prosecution of such felony be commenced or carried on by or under the direction of any law officer of the crown or any other person, it shall be lawful for the court before which such person shall appear, whether any bill of indictment be preferred or not to any grand jury, in case such person shall bon\u00e2 fide have attended in obedience to such recognizance or subp\u0153na, to order the treasurer of the county in which the offence shall have been or shall have been supposed to have been committed, to pay unto such person such sum of money as shall seem reasonable, not exceeding the expenses which it shall appear that such person has bon\u00e2 fide incurred by reason of the said recognizance or subp\u0153na; and in case such person shall appear to be in poor circumstances such court may make a further reasonable allowance to such person for trouble and loss of time; which order the clerk of the crown or the clerk of the peace respectively is hereby directed and required forthwith to make out and deliver to such person; and such treasurer is hereby authorized and required, out of any public money in his hands, forthwith to pay to any such prosecutor or witness respectively, or to any person by him or her authorized, any such sum of money so ordered, and such treasurer shall be allowed the same in his accounts; and the grand jury of such county shall at each assizes present all sums so paid to such prosecutors and witnesses respectively, to be raised either off the county at large or upon any barony thereof, as to such grand jury shall seem fit; and such presentment may be made without any previous application to presentment sessions.<\/p>\n<p>Presentment for compensation to representatives of persons murdered, and to persons maimed, in certain cases.<\/p>\n<p>106. If it shall appear that any person, having given information or evidence against any person or persons charged with any offence against the public peace, shall have been murdered or maimed previous to the trial of the person or persons accused by such information or evidence, or of any of them, or on account of any such evidence given, or that any magistrate or other peace officer shall be murdered or maimed on account of his exertions as such magistrate or peace officer to bring disturbers of the public peace to justice, it shall and may be lawful to and for the grand jury of the county within which such murder or maiming shall have been committed respectively, to present such sum or sums of money as they shall think just and reasonable to be paid to the personal representative of such witness, magistrate, or peace officer so murdered, or to such witness, magistrate, or peace officer so maimed, having regard to the rank, degree, situation, and circumstances of such witness, magistrate, or peace officer; such money to be raised off the county at large or the barony in which such murder or maiming shall respectively have been perpetrated, at the discretion of such grand jury.<\/p>\n<p>Presentment for rewards to prosecutors of felons, &amp;c.<\/p>\n<p>107. It shall and may be lawful for the grand jury of any county at any assizes, if they shall think fit, to present, without any previous application at sessions, any sum of money not exceeding the sum of twenty pounds for each and every person who shall apprehend and prosecute to conviction any person guilty of any murder, and any sum not exceeding ten pounds for each and every person who shall apprehend and prosecute to conviction any person guilty of any other capital felony or misdemeanor for which any person on conviction may be liable to be transported; such sum or sums to be raised off such county or any barony thereof as such grand jury shall think proper, and to be paid to any prosecutor or prosecutors of such offenders as aforesaid; and such presentment may be made during the time appointed for transacting the criminal business of such county.<\/p>\n<p>Presentment for expense of removing offenders.<\/p>\n<p>108. The grand jury of any county where any offence shall have been committed, shall present, to be levied off such county, the expenses attending the removal thereto of any prisoner apprehended according to law in any other part of the United Kingdom; provided that, with an application by the treasurer of the county to the next county presentment sessions after such expenses shall have been repaid by him, there shall be laid by such treasurer before such sessions the account or accounts of such expenses, verified as by law required, upon which he shall have repaid the same, and that such application and account shall be approved at such sessions.<\/p>\n<p>[S. 109 rep. 27 &amp; 28 Vict. c. 17. s. 6.]<\/p>\n<p>Payment of and presentment for salaries of county officers, &amp;c.<\/p>\n<p>110. All county treasurers, clerks of the crown, clerks of the peace, secretaries to grand juries, sheriffs, medical officers of prisons, and all other officers and persons mentioned and specified in the schedule marked (S.) to this Act annexed, shall be paid and remunerated for their respective duties, services, and expenses by annual salaries only, payable half-yearly at each assizes by equal moieties, and not exceeding the amount mentioned in the said schedule; and the grand jury at any assizes shall and may present (without previous application to presentment sessions) for each such officer, to be raised off the county at large, the moiety of such annual salary: Provided always, that in case of any negligent or insufficient discharge of duty by any such officer or officers it shall and may be lawful to and for any grand jury, with the express sanction of the court, but not otherwise, to present any sum or sums less in the whole than the moiety of the annual salary by this Act specified to be paid to any such officer or officers, or to withhold and refuse to make any presentment whatever for any such officer or officers; and that such officer shall not be entitled to receive any payment for any service or duty performed at an adjourned assizes.<\/p>\n<p>No presentment for salary to a county treasurer to be fiated without certain certificates.<\/p>\n<p>111. No presentment for any salary to any treasurer of any county shall be fiated by any court or judge unless there shall be previously produced to such court or judge by the acting clerk of the crown either a certificate signed by the proper officer of the Court of Exchequer in Ireland stating that such treasurer has duly given and entered into the recognizances now required of him by law, and that such recognizances have been duly deposited and entered or recorded in such court, and the dates thereof, and the names of the respective sureties therein, and the sums for which such sureties were severally bound, or else a certificate signed by the accountant general of the Court of Chancery, that such sum of money as shall be equal to the amount of security required to be given by such treasurer, has been duly invested as by law required, and a certicate or receipt that he has duly paid all instalments to the public boards which have been presented at the previous assizes, and that his accounts have been duly audited by the grand jury.<\/p>\n<p>Affidavit of emoluments to be made by clerk of the crown and clerk of the peace.<\/p>\n<p>Recognizance to be entered into by clerk of the peace.<\/p>\n<p>112. Before any clerk of the crown or clerk of the peace shall be entitled to receive such salary as is hereby provided, he shall at each assizes lay before the grand jury an account, verified on oath, and sworn and read in open court, setting forth the total amount of his fees and other emoluments, and distinguishing the several sums paid and received under each separate head of service, and the rates of fees or remunerations received on each; and it shall not be lawful for any grand jury to present to be paid to any clerk of the peace, unless it shall appear to them that he has given security by recognizance in the sum of one thousand pounds for the due and faithful execution of his office of clerk of the peace, and that such recognizances have been duly deposited or recorded.<\/p>\n<p>Further presentment for clerk of the crown and other officers where a special commission has been held.<\/p>\n<p>113. In any county wherein a special commission shall be held for the trial of offenders, the grand jury at the assizes next immediately ensuing shall and may (without previous application to presentment sessions) make a further presentment for the clerks of the crown, sheriffs, and judge\u2019s crier, not exceeding one fourth of their annual salary, subject nevertheless to the like direction as herein-before given to any grand jury in case of neglect or insufficient discharge of duty by any officer.<\/p>\n<p>Presentments for secretaries to grand juries shall include stationery.<\/p>\n<p>114. The presentments to be made under this Act for the secretaries to the several grand juries shall be in full acquittance of all demands to be made by such secretaries for stationery, which such secretaries shall be bound to furnish to the several grand juries without further charge, not however including the expense of printing herein specially provided for.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 115 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 116 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>Presentment for expenses of suing treasurers, and contractors, &amp;c.<\/p>\n<p>Taxed bill of costs to be laid before sessions, &amp;c.<\/p>\n<p>117. It shall and may be lawful for the grand jury of any county to present, to be levied off such county, such sum or sums of money as may be necessary or shall have been expended for or in suing any treasurer, high constable, or collector of any public money, or any of their sureties, executors, or administrators, for any misconduct, breach of duty, or nonpayment, or for recovering any public money from any treasurer, high constable, or collector, or their sureties, executors, or administrators, or for suing any contractor under this Act, or under any Act in force in Ireland at the time of the passing of this Act, his sureties, executors, or administrators, for any breach of contract; provided that no such presentment shall be made unless, together with the application therefor at presentment sessions, there shall have been laid before such sessions a bill, duly taxed and certified by the proper taxing officer, of the costs incurred for any of the purposes aforesaid for which such presentment shall be required, nor unless it shall be proved that such costs could not be recovered from the person sued, or any other person liable to pay the same, and that the proceeding was instituted by the direction of a grand jury.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 118 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Presentment for track ways on banks of navigable rivers.<\/p>\n<p>119. It shall and may be lawful for the grand jury of any county to present at any assizes such sum or sums of money as may be necessary to repair or widen to any width not exceeding fifteen feet any towing path and trackway on the bank of any navigable river on which boats have been accustomed to be towed by horses, to be levied off the barony or baronies in which such towing path and trackway are locally situate [Rep., 37 &amp; 38 Vict. c. 35. (S.L.R.)]: Provided always, that nothing herein contained shall extend to the repairing or widening of the towing paths or trackways of canals or rivers whereon tolls are paid or payable.<\/p>\n<p>Owners of ferries may erect bridges and take tolls, which shall be recoverable under Irish Act, 30 Geo. 3. c. 31.<\/p>\n<p>Presentment for purchase of the property in such bridges, &amp;c. in order to open them toll-free.<\/p>\n<p>120. It shall be lawful for any person or persons who now have or hereafter shall have any ferry over a river (except in cities and towns corporate), to erect and support a bridge at his or their own expense over such river in the place of such ferry, and to take and receive for passing such bridge such toll, and no more, as they are entitled to receive for passing such ferry, so as that such bridge shall not obstruct the navigation of such river; and such tolls shall be recoverable in the like manner, and under such penalties for refusing or evading to pay the same by any justice of the peace, as is prescribed by an Act passed in the Parliament of Ireland in the thirtieth year of the reign of his Majesty King George the Third, intituled \u201cAn Act for the building a bridge over the river Loughfoyle in the city of Londonderry, and the suburbs thereof\u201d; and that it shall be lawful for any grand jury, upon an application made and approved of in manner by this Act directed, to make presentment for the purchase of the properties in any such bridges or ferries, in order to open the same, free of tolls, for the benefit of the public.<\/p>\n<p>Grand juries may redeem tolls payable on bridges built under Irish Act 19 &amp; 20 Geo. 3. c. 41. and 53 Geo. 3. c. 77.<\/p>\n<p>Presentment of sums necessary to redeem tolls.<\/p>\n<p>121. At any time after the completing and opening of any bridge built in pursuance of an Act passed in the Parliament of Ireland in the nineteenth and twentieth years of the reign of his Majesty King George the Third, intituled \u201cAn Act for empowering grand juries to present bridges and tolls to be paid for passing the same in certain cases,\u201d and of an Act passed in the fifty-third year of the reign of his said Majesty King George the Third, amending the same, it shall and may be lawful for the grand jury of the county in which such bridge shall be situate, or, if situate in two counties, then for the grand juries of such counties, to redeem the tolls payable under the said Acts to the owner or owners of the said tolls, by paying in one sum to such owner or owners the original sum expended in building such bridge, with any deficiency of interest which may arise in case by the perception of the said tolls the said owner or owners shall not have received, above all necessary costs and charges of repair and collection of the said tolls, the legal interest at the least for the money originally expended in building and erecting such bridge; and on such payment of the original sum so expended, and of such deficiency, if any there shall be, then the said tolls shall cease, and the passage of such bridge shall be open and free to all cattle, carriages, and persons whatsoever; and such grand jury is hereby empowered, upon an application made and approved of in manner by this Act directed, to raise by presentment, to be levied off the county at large, such sum or sums of money as may be sufficient to defray the expenses of redeeming such tolls in manner aforesaid; such sum or sums to be paid to the owner or owners of such tolls.<\/p>\n<p>Act not to affect presentments under 4 &amp; 5 Will. 4. c. 61.;<\/p>\n<p>122. Nothing herein contained shall be construed to limit or affect the power or duties of any grand jury to make any presentment which they are authorized or required to make under and by virtue of an Act passed in the fourth and fifth years of the reign of his present Majesty, intituled \u201cAn Act for the more effectually providing for the erection of certain bridges in Ireland\u201d; provided that no previous application or approval at presentment sessions under the provisions of this Act shall be necessary to authorize any such presentment.<\/p>\n<p>nor presentments for clearing, &amp;c. rivers under 1 &amp; 2 Will. 4. c. 57., if previously applied for and approved at baronial presentment sessions;<\/p>\n<p>123. Nothing in this Act contained shall limit or affect the authority of grand juries to make presentment for clearing, sinking, embanking, or altering the course of any river or stream pursuant to the provisions of an Act passed in the first and second year of his present Majesty, intituled \u201cAn Act to empower landed proprietors in Ireland to sink, embank, and remove obstructions in rivers\u201d; provided that an application for such presentment, in the form prescribed by the said recited Act, shall have been previously made and approved, in the manner herein-before appointed, at the presentment sessions holden for the barony where the work to which such application may refer shall be locally situate.<\/p>\n<p>Presentments and contracts in respect of prisons under 7 Geo. 4. c. 74.<\/p>\n<p>124. [1] Nothing in this Act contained shall be construed to limit or affect the powers, duties, or authorities of grand juries to make any presentments which they are authorized or required to make under and by virtue of an Act passed in the seventh year of the reign of his late Majesty, intituled \u201cAn Act for consolidating and amending the laws relating to prisons in Ireland\u201d: Provided always, that it shall not be lawful for any grand jury to make any presentment under the provisions of the said recited Act for any salary or compensation to any keeper, turnkey, or matron of any gaol, penitentiary, bridewell, or house of correction, or for building, rebuilding, altering, enlarging, or repairing any gaol, bridewell, house of correction, or other prison, (except in the case of repairs made under the provisions of the said recited Act, in consequence of any fire or other sudden accident which may happen to any such gaol, bridewell, house of correction, or other prison,) unless application for such presentment shall have been made and approved at presentment sessions in the manner herein-before directed and provided: Provided also, that all contracts which any grand jury is authorized to make or enter into under the provisions of the said recited Act shall be made by sealed tenders and proposals, to be delivered, opened, and dealt with, and security to be taken, in like manner as herein-before provided with respect to other contracts for public works, anything in the said recited Act to the contrary notwithstanding: Provided also, that no such contract shall be entered into, nor any presentment made thereupon, save upon and after an application made and approved at presentment sessions as herein-before directed.<\/p>\n<p>[S. 125 rep. 36 &amp; 37 Vict. c. 51. s. 3.]<\/p>\n<p>Presentments for public works under 1 &amp; 2 Will. 4. c. 33., &amp;c.<\/p>\n<p>126. Nothing in this Act contained shall limit or affect the powers, duties, or authorities of grand juries to make presentments for any public work or for the raising of any public money for which they are now or hereafter may be authorized or required to make presentment by virtue and pursuant to the provisions of an Act passed in the first and second years of his present Majesty\u2019s reign, intituled \u201cAn Act for the extension and promotion of public works in Ireland,\u201d or any other Act amending or altering the same; and wherever in and by the said recited or other Act grand juries are empowered to make presentments in order to obtain advances, loans, or grants from the commissioners for the execution of the said recited or other Act for the purpose of any public work which, under the laws in force at the time of the passing of such Act, it was competent for grand juries to present, they are hereby authorized and empowered to make similar presentments in all respects and for like purposes for any public works which they are under the provisions of this Act authorized to present, and such presentments when made shall be dealt with by the said commissioners in all respects as the presentments which grand juries were empowered to make in order to obtain advances, loans, or grants under the provisions of the said recited Act: Provided always, that no presentation shall be made for the purpose of obtaining any grant, loan, or advance of money from the commissioners for the execution of the said recited or other Act, unless an application shall have been duly made and approved at the proper presentment sessions in the manner herein-before appointed; and all works so applied for (except in the case of works to be constructed or executed under the direction of or by persons in the employment of the said commissioners) shall be executed by contract made upon sealed tenders and proposals in the manner herein-before prescribed with respect to other public works to be executed by grand jury presentments; and in all other respects the said recited Act or Acts, and all powers, authorities, conditions, clauses, and regulations therein contained, shall be and remain in full force and effect, anything herein contained to the contrary notwithstanding.<\/p>\n<p>All presentments shall contain a reference to the chapter and section of the Act under which they are made, &amp;c.<\/p>\n<p>127. On the face of every presentment for the levying of any public money whatsoever the year of the King\u2019s reign, and the chapter and section of the Act of Parliament (as printed by the King\u2019s printer) under which such presentment is authorized to be made and fiated, shall be inserted; and every such presentment shall be entered in the county book and in all the schedules of presentment, with a marginal note of such Acts in manner aforesaid; and the title of the Act so referred to shall be inserted at the end of all such schedules, in default of which it shall not be lawful to present for printing the same; and all presentments not made according to the directions foregoing shall be null and void.<\/p>\n<p>Advances may be made to contractors in certain cases not exceeding three fourths of the cost of the work.<\/p>\n<p>128. In cases where the cost of executing any public work shall exceed twenty pounds, it shall be lawful for the grand jury, at the time of presenting for the work, to authorize the treasurer of the county, from and out of any funds in his hands applicable to the purpose, to advance from time to time during the execution of the work to the contractor, upon his application, any sum not exceeding in the whole three fourths of the cost of such work; provided that no such advances shall be made by such treasurer, unless such application shall be accompanied by a certificate attached thereto, and signed by the county surveyor, that more than the sum applied for by such contractor, in addition to any previous advances made by him for such work, has been fairly and honestly expended upon it conformably to the contract.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 129 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Contractors to procure certificate from county surveyor of the completion of their work, and lodge the same, and notice of application for payment, with secretary of grand jury.<\/p>\n<p>Secretary shall lay notices, &amp;c. before presentment sessions, who shall approve or disapprove the applications.<\/p>\n<p>Applications approved to be allowed or disallowed by grand jury at their discretion.<\/p>\n<p>130. Every person who may contract for the execution of any work under this Act shall, on the completion of the work for which he may have contracted, or whensoever by the terms of such contract he may be entitled to payment, give notice to the surveyor of the county, ten days at the least before the day appointed for the holding of the first presentment sessions in the county after every assizes or presenting term, of his intention to make application as herein-after provided, and require of such surveyor a certificate of the due execution of such work or performance of such contract; and such contractor shall lodge with the secretary of the grand jury, within the period herein-before limited for the lodgment of notices of applications for presentments for public works, a notice of his intention to apply for payment of the sum contracted for by him . . .; and the secretary to the grand jury shall arrange, in like manner as he has been herein-before directed to arrange applications for presentments, all such notices . . . and annex to each the number by which the contract in respect whereof such notice . . . may be given is distinguished in the book of abstracts which such secretary has been herein-before directed to keep, and indorse on such notice . . . the date of the lodgment of the same; and such secretary shall lay all such notices . . . with an abstract thereof and index thereto, before the presentment sessions to be holden for the barony or one of the baronies, or the county of a city or county of a town, in which such work shall have been executed; and the justices and cess payers at such sessions shall examine into all such applications for payment on the part of such contractors, and inspect the notices thereof, and the certificates aforesaid, and examine the surveyor or surveyors, and all other persons whom they may think it necessary to examine for the purpose of ascertaining the due execution of the work or matter contracted for, and shall therein have and exercise all such powers and authorities as in the case of applications for presentments, and in like manner determine and decide upon all such applications for payment by majority of votes; and the chairman at such sessions shall on every application which may be approved endorse the word \u201callowed,\u201d and on every application which shall not be approved he shall endorse the word \u201cdisallowed,\u201d and the reason of such disallowance, and a note of or reference to the particulars of the execution of the work which may have caused such disallowance; and all such applications, with the notices and certificates thereto belonging, shall be delivered to the secretary of the grand jury, to be laid before them at the next ensuing assizes, and such grand jury shall take such applications as have been approved into consideration, and allow or disallow the same according to their discretion; but it shall not be lawful for such grand jury or for the court to allow any application which shall not have been approved of at such sessions; and no such contractor shall be entitled to payment who shall not have given such notice and made such application, nor unless such application shall have been approved and allowed as aforesaid; anything in any contract contained, or any law or usage, to the contrary notwithstanding.<\/p>\n<p>Contractors for printing to obtain certificate of clerk of the peace, &amp;c.<\/p>\n<p>131. Provided that every person who may contract with any grand jury for any county printing, shall, instead of the certificate of the county surveyor, obtain a certificate from the clerk of the peace, the secretary of the grand jury, and the county treasurer, of the proper execution of such printing for their respective offices, and the performance of such contract; and such person shall lodge such certificate, and apply for payment of the sum contracted for by him, in all respects as herein-before provided as to contracts for public works; provided that such application may be made by himself alone.<\/p>\n<p>Treasurer not to pay if application traversed, &amp;c.<\/p>\n<p>132. It shall not be lawful for the treasurer of any county to pay any money which may be applied for by any contractor or other person, the application wherefor has been traversed, unless such traverse shall be withdrawn, or judgment given for the defendant on the trial thereof.<\/p>\n<p>Traverses of presentments and applications for payment.<\/p>\n<p>133. It shall be lawful for any person paying grand jury cess for any county to traverse any presentment made under this Act by the grand jury of any such county, and also to traverse the application of such contractor under this Act for payment, on the ground of such contractor not having complied with the terms of his agreement or with the provisions of this Act; and the court at each assizes is hereby authorized and required to try the truth of the fact by a jury in the same manner as any traverse within the jurisdiction of the court ought to be tried; and it shall not be lawful for the clerk of the crown or clerk of the peace to take any fee for or in respect of such traverse, and costs shall be paid by the party against whom such traverse shall be found; provided that although there shall be a verdict against such traverse, yet if the court shall be of opinion that there was reasonable and probable ground for traversing such presentment or the application of such contractor, the costs shall be paid by the treasurer of the county from and out of the county monies in his hands, and the grand jury shall present the same without previous application to presentment sessions: Provided always, that every person intending to traverse any presentment or payment for which it is by this Act required that application shall be made at the presentment sessions, shall give notice in writing of such intention to the secretary of the grand jury within two days after the first day of such sessions; and the same or any other presentment shall be traversed only at the assizes at which the presentment shall be made or payment required.<\/p>\n<p>Traverses of presentments for damages by making of new road, &amp;c. to be tried by a jury.<\/p>\n<h4>Presentment of sums found by jury.<\/h4>\n<p>134. It shall be lawful for any occupier or owner of the ground through which any new road is to be made, or into which any old road is to be widened, to traverse the presentment for the same for damages at such assizes as aforesaid, having given like notice to the chairman of the presentment sessions and to the secretary of the grand jury, previous to the commencement of such assizes, of the amount of damage intended to be claimed; which traverse or traverses shall be tried then or at the ensuing assizes, upon the entry in the crown book of the presentment and traverse, without making up any record; and the jury which shall try such traverse shall be sworn true verdict to give whether any and what damages will occur thereby to the traverser, taking into consideration any collateral advantages which may result or accrue to such traverser by reason thereof, and making abatement accordingly; and it shall be lawful for the grand jury to present, without previous application at presenting sessions, such sum or sums of money so found for damages, to be raised off the county or off the barony respectively in which the traverser shall have made it appear that he or she sustained the damages, and to such latter presentment no traverse shall be allowed or received; and upon the damages so found being presented for the use of such traverser, or deposited for his or their use with the treasurer of the county, it shall be lawful for the contractor to proceed in the execution of the presentment without the interruption of any person.<\/p>\n<p>Mode of application for and presentment of compensation for malicious injuries.<\/p>\n<p>135. In all cases of maliciously or wantonly setting fire to, burning, or destroying any house, outhouse, or other building, or any haggard, corn, hay, straw, or turf, or of maliciously setting fire to, burning, or sinking any boat or barge laden with corn or other provisions, or of maliciously killing, maiming, houghing, or injuring any horse, mule, ass, or swine, or any horned cattle or sheep, or of maliciously damaging, injuring, or destroying any bank, gate, lock, weir, sluice, bridge, dam, or other work, belonging to any person, public canal or navigation, any person or persons injured by any such offence, and intending to apply for compensation for any loss or damage sustained thereby, shall serve notice in writing of such injury and of such his or their intention upon the high constable of the barony and the churchwardens of the parish, and at the nearest police station, or, if there be no churchwarden, upon two of the principal inhabitants of the parish wherein such offence shall have been committed, within six days at least after the commission of the same, and shall lodge with the high constable or secretary of the grand jury, in like manner and time as applications for presentments for public works are herein-before directed to be lodged, an application setting forth the loss or damage occasioned by such offence, and stating the time and place when and where such injury was done, the particular property consumed, injured, or destroyed, and the amount of damage thereby sustained, and by what number of persons, and whom, by name and description, such injury was done, if such offender or offenders shall be known, and if not, stating such particulars respecting such offender or offenders as may be known; and like notices shall be posted of such application as herein-before prescribed in cases of other applications to presentment sessions; and such application shall be scheduled by the secretary of the grand jury, and by him dealt with in all respects as other applications under this Act; and the presentment sessions shall examine into the serving and posting the notices of such application, and into the merits of the same, and the chairman shall endorse their opinion thereupon, and such secretary shall deliver such application so endorsed to the grand jury at the next assizes; and the said grand jury shall during the time appointed for transacting the fiscal business of the county examine into the matter of such application upon the oath of the party injured, or such other evidence as can be produced touching the said offence; and the said grand jury shall on the consideration of the said matter either disallow such application altogether, or present such sum or sums of money as the person or persons so injured ought to receive for such injury or damage, to be levied off the county at large, or such barony, parish, district, townland, or sub-denomination thereof, as the grand jury shall direct.<\/p>\n<p>Applications for compensation when and where to be made.<\/p>\n<p>136. Every application under this Act for compensation for loss or damage occasioned by any malicious injury as aforesaid shall be made at the next presentment sessions which shall be holden after the commission of such offence for the barony, county of a city, or county of a town where the same shall have been committed, unless any such malicious injury shall have been done after the day appointed for holding the first presentment sessions after the assizes for the county in which such injury shall have been done, or so near the day of holding the same that such application for compensation cannot be duly lodged as herein-before directed, in either of which cases the person or persons so injured shall make such application at the presentment sessions which shall be holden next but one after the time of the commission of such offence for the barony, county of a city, or county of a town where the same shall have been committed, and the notices of such application shall be posted accordingly; and it shall not be lawful for any grand jury to make any presentment for compensation for malicious injury under the provisions of this Act, except at the assizes next ensuing to the sessions where application shall have been made therefor.<\/p>\n<p>Persons applying for compensation shall give in examinations upon oath before a justice within three days after offence committed, and shall be bound to prosecute the offenders, if known.<\/p>\n<p>137. Provided always, that every person or persons who shall, under the provisions of this Act, apply for compensation for any loss or damage occasioned by malicious injury as aforesaid, shall within three days after the commission of the said injury, unless prevented by illness or other sufficient cause, give in his, her, or their examination upon oath, or that examination upon oath shall be given by his, her, or their servant or servants who had the care of his, her, or their property so injured, before some justice of the peace of the county where such injury shall have been committed, thereby specifying whether he, she, or they do know the person or persons who committed the said injury, or any of them; and in such case such examinant or examinants shall be bound by recognizance to prosecute such offender or offenders by indictment or otherwise according to the laws of this kingdom.<\/p>\n<p>When presentment is opposed or application disallowed, a jury may be sworn to try the matter.<\/p>\n<p>Their verdict to be final.<\/p>\n<p>Costs.<\/p>\n<p>138. All such applications whatsoever for compensation for loss or damage sustained by malicious injury shall be laid by the acting clerk of the crown before the judge of assize upon his arrival; and in case any person paying grand jury cess for the county or barony chargeable with the sum presented by the grand jury upon any such application shall be desirous of opposing any such presentment, or in case any person whose application for compensation shall have been disallowed by the grand jury shall wish to have his or their application re-considered, such cess payer or person or persons applying for compensation shall be heard; and in either of such cases the judge, if he shall so think fit, shall direct a jury to be forthwith impannelled to try the matter of such presentment or application respectively, and, according as the issue shall be found for or against such cess payer, the judge shall discharge, alter, or fiat such presentment; and in case of application disallowed, if the issue shall be found for the person or persons applying for compensation, the judge shall direct the grand jury to make presentment thereupon accordingly, otherwise such application shall be discharged; and all verdicts of juries impannelled as aforesaid to try any such issues shall be final and conclusive to all persons whatsoever; and it shall be lawful for the said judge to award by rule for that purpose costs to the parties for whom the issue shall be found against the other party or parties respectively in any sum not exceeding ten pounds sterling; and the said judge is hereby empowered to direct and issue forthwith an order or orders in the nature of execution against such last-mentioned party or parties respectively, which said order or orders the sheriff of such county is hereby required to execute in the same manner as in cases of executions against the chattels and effects of defendants.<\/p>\n<p>No presentment for compensation to be removed by certiorari, &amp;c.; nor traverse allowed.<\/p>\n<p>No action or suit to be brought in cases provided for by this Act.<\/p>\n<p>139. No presentment for compensation for loss or damage as aforesaid shall at any time be removed by certiorari; nor shall any such presentment be at any time quashed for any informality, imperfection, or defect in form whatsoever; and no traverse, save as aforesaid, shall be allowed or received to any such presentment; nor shall any action or suit for the recovery of any satisfaction or damages sustained by reason of any injury, for which the person or persons injured thereby may be entitled to apply for compensation under the provisions of this Act, be brought or prosecuted against any chief or other magistrate, or any inhabitant or inhabitants of any parish, or other person or persons whatsoever, any Act or Acts now or heretofore in force in Ireland to the contrary notwithstanding.<\/p>\n<p>Mode of obtaining compensation for injuries committed near boundaries of counties.<\/p>\n<p>140. Provided also, that in case such burning or other malicious injury as aforesaid shall be committed on the verge or within the distance of one mile of the boundary of any two or more counties, the person or persons who shall sustain such injury may apply for compensation, in the manner herein-before directed, in either or any one of such neighbouring counties; and all proceedings shall be taken thereupon as herein-before provided with respect to other applications for damages for malicious injury; and in case any sum or sums of money shall be presented by the grand jury of the county where such application shall be made, or shall be finally awarded by the verdict of any jury, as and for compensation to the person or persons applying as aforesaid, the judge at the assizes of such county shall have power and authority to apportion the amount of such compensation amongst such neighbouring counties, and shall direct the proportion of the same which shall be paid by them respectively, and shall certify the same accordingly; and such presentment shall thereupon be diminished, or presentment made, according to the proportion which the said judge shall direct to be paid by such county; and the grand jury or grand juries of the said other neighbouring county or counties respectively shall and they are hereby required, on the production of the certificate of such judge declaring the proportion to be paid by such county or counties, to present such proportion when the same shall exceed one hundred pounds to be raised off the county at large, and if such proportion shall be under one hundred pounds to be raised off the barony or baronies in or near to which such injury shall be alleged to be committed, and paid to the person or persons so applying, as the case may require.<\/p>\n<p>No fees to be taken for applications to clerk of the crown, &amp;c.<\/p>\n<p>141. No fee shall be demanded from or paid by any such cess payer or person applying to the clerk of the crown, judges, crier, or jury, for any matter or thing relating to any such application, presentment, or trial.<\/p>\n<p>Clerk of the crown to deliver copies of presentments, &amp;c. to county treasurer;<\/p>\n<p>which shall be printed and distributed.<\/p>\n<p>Presentment for printing treasurer\u2019s account and schedules of applications, &amp;c.<\/p>\n<p>142. The clerk of the crown of every county in Ireland, shall within seven days after every assizes, deliver to the treasurer of such county, without a fee or reward, a copy, attested upon oath and signed by himself, of all presentments which shall have been made and fiated at the preceding assizes, and likewise copies of all queries discharged and remaining undischarged, distinguishing the same; and such treasurer shall, within thirty days after the receipt thereof, cause a number of copies of such presentments and queries, and also a detailed abstract of his accounts, to be printed and distributed as the grand jury shall direct; and it shall and may be lawful for the grand jury at each assizes to present, to be levied off the county, such sum as shall be necessary for defraying the expense of printing and distributing such copies, and also to present all such sum or sums of money as shall be necessary to defray the expense of printing the treasurer\u2019s account, and all copies of schedules of applications, and other printing required under the provisions of this Act, or which may be ordered by the judge of assize or grand jury or presentment sessions, for any county purpose.<\/p>\n<p>Imperative presentments to be printed separately.<\/p>\n<p>143. The treasurer of each grand jury, in the preparation of all printed list of presentments granted by such grand jury, shall place in a separate page of such lists the several sums of money which shall have been presented by such grand jury, under the laws now in force, under which it is imperative on such grand jury to make presentments for various public services; and the amount of all sums in such lists shall be totted up at the foot of each column.<\/p>\n<p>Copies of all presentments made to be laid before Parliament.<\/p>\n<p>144. The treasurer of every county in Ireland shall, on or before the twenty-fifth day of December in each and every year, cause a true copy, signed by himself, of all presentments, which shall have been made by the grand jury and fiated by the court at any assizes or presenting term in such year for the county whereof he is treasurer, to be forwarded to the secretary of the lord lieutenant, to be by him laid before Parliament; and in case any treasurer of any county shall neglect to make such return as aforesaid, he shall forfeit his office.<\/p>\n<p>Power to represent arrears to be levied as sums originally presented.<\/p>\n<p>Arrears, &amp;c. and surplus monies shall be applicable to general purposes of county.<\/p>\n<p>Affidavit of arrears before re-presentment.<\/p>\n<p>145. It shall be lawful for any grand jury to re-present any such sums of money as now are or at any time hereafter shall be unpaid or in arrear out of any denomination, barony, or county of a city or town, to be raised and levied on such denomination, barony, county of a city or town, upon which the same was originally required by the treasurer\u2019s warrant to be levied; and to present all such sums of money which have hitherto been or which shall at any time here-after remain unpaid on account of the absconding or insolvency of any county treasurer, collector, or other person empowered to receive or collect public money, who is or shall be insolvent, to be raised and levied either upon the county or upon the barony in which the same was before levied, as they shall think fit; which sums shall be levied in the same manner and subject to the same rules, regulations, provisions, and powers, as any money to be levied by virtue of this act is to be subject; and in case any money so detained or secreted by any collector, treasurer, or other person empowered to collect or receive public money shall be thereafter recovered, it shall be paid to the then treasurer; and such money so paid, and any balance, arrears of, or surplus on the salary of any county officer, and all other such like surplus and balances of money raised by authority of this Act, or which may anyhow arise in the hands of any county treasurer, shall be applicable to defray the expenses of any public work or any county charge whatsoever which the grand jury are authorized to present under the provisions of this Act, and shall be presented by the grand jury for such of the said purposes as to them shall seem expedient; provided always, that such sum shall be applied to the credit of any county or barony off which it was originally levied; and provided further, that before it shall be lawful for any grand jury to re-present any sum of money as unpaid or in arrear out of any county or barony or denomination, to be raised and levied on such county or barony or denomination, it shall be made to appear, by affidavit of the collector, to such grand jury, that such sum is actually in arrear and unpaid by such county or barony or denomination respectively, and that it could not have been levied from the persons or out of the lands charged with or liable to pay the same.<\/p>\n<p>Application of sums presented for works not executed.<\/p>\n<p>146. Whenever any sum shall have been presented for any work which shall not be executed within the time or according to the terms prescribed by the contract for executing the same, it shall be applied, in such manner and under such direction as the grand jury shall appoint, for the purpose of executing or completing such works, and shall be accounted for by such person so appointed to apply the same.<\/p>\n<p>Appointment of high constable and collector for each barony in counties.<\/p>\n<p>Appointment of collectors in cities and towns.<\/p>\n<p>In case of vacancy justices at quarter sessions may appoint high constable, &amp;c. pro tempore.<\/p>\n<p>147. The grand jury of each county shall at each assizes appoint a proper person, . . . not being a magistrate or attorney, to be high constable and collector for each barony in such county, to collect all money which shall be presented to be raised on such barony or any parish or townland therein, and also such barony\u2019s proportion of the money presented to be raised on the county at large; and every such high constable shall have all power and authority and shall exercise and perform all duties now or hereafter to be by law required of any high constable; and the grand jury of each county of a city or county of a town shall at each assizes appoint a proper person or persons to be collector or collectors for such county of a city or county of a town to collect all money which shall be presented to be raised on such county of a city or county of a town, or on any parish or district thereof: Provided always, that if any such high constable or collector shall happen to die before he shall have collected the whole of the money presented to be raised as aforesaid on such barony, county of a city, or county of a town for which he shall be high constable or collector, or if any case of vacancy should occur, it shall be lawful for the justices of the peace for the said county, at any general quarter sessions of the peace or adjournment thereof, to appoint another fit and proper person to be high constable or collector pro tempore, until a high constable or collector shall be appointed by the grand jury of such county, county of a city, or county of a town as aforesaid.<\/p>\n<p>High constables and collectors to give security.<\/p>\n<p>Presentment to them of poundage for trouble of collecting.<\/p>\n<p>Power to appoint deputies.<\/p>\n<p>Securities, &amp;c. to vest in treasurer.<\/p>\n<p>148. Provided always, that no person shall act as high constable or collector unless he shall have given security at the assizes before the grand jury by whom he shall have been appointed, or before the justices of the peace at the sessions if such high constable or collector shall have been appointed at sessions, by two sufficient sureties joining with him in executing a bond and warrant of attorney, without stamp, to confess judgment to the treasurer of the county, conditioned for his duly collecting and paying to such treasurer on or before the first day of the next assizes all such public money as he is or shall be required by him to collect; and on his producing to the grand jury the treasurer\u2019s certificate of his having paid the same to the treasurer pursuant to such recognizance, it shall be lawful for the grand jury to present, without previous application to presentment sessions, a sum not exceeding ninepence in the pound on the amount of the collection to be paid to such high constable or collector for his trouble therein: Provided always, that no presentment for such poundage shall be made by any grand jury or fiated by the court, unless the treasurer\u2019s warrant under which such high constable or collector has levied such public money shall be annexed to such presentment, nor unless such high constable or collector and their deputies respectively shall make affidavit before the said grand jury that such public money has been fairly and impartially levied, and that no more than the sum authorized by the treasurer\u2019s warrant, with the customary collector\u2019s fees, has been collected, to the best of his and their knowledge and belief; and every high constable and collector as aforesaid may, by writing under his hand and seal, appoint a deputy collector or deputy collectors, for whom he shall be answerable, to assist him in collecting the public money; and every such bond and any judgment entered thereon shall vest in and may be sued for by the treasurer for the time being, who shall be entitled to continue the proceedings of any former treasurer on filing a suggestion stating his appointment to such office, or on his making it otherwise appear to the court in which such proceedings may be pending that he is the acting treasurer.<\/p>\n<p>Treasurer to issue his warrants to collectors after receiving the copies of presentments. Treasurer\u2019s warrants to be in force for two years.<\/p>\n<p>149. The treasurer of each county shall, within one month after he shall have received from the clerk of the crown the copies of the presentments of the preceding assizes, issue his warrants to the several persons who, under the provisions of this Act, are to be the collectors for levying and collecting the sums to be raised off each barony or county of a city or town; . . . and [Rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)] every such warrant of every such treasurer shall be and remain in full force and effect for the term of two years next after the date thereof, notwithstanding the resignation or removal of the person to whom it was originally addressed, unless the sums required by such warrant to be levied shall have been received, or unless the grand jury of the county shall have re-presented the same.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 150 and S. 151 (requiring collectors of grand jury cess upon receipt of warrant to send to the seneschals an account of the sum to be levied, and to levy the same after applotment) rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 150 and S. 151 (requiring collectors of grand jury cess upon receipt of warrant to send to the seneschals an account of the sum to be levied, and to levy the same after applotment) rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<h4>Grand jury cess may be levied by distress and sale.<\/h4>\n<p>If not expedient to proceed by distress, notice to be left requiring payment within six days, and if not paid in that time complaint to be made to a justice, who shall summon the party, &amp;c.<\/p>\n<p>In default of appearance, goods of party may be distrained in any part of county;<\/p>\n<p>or in any other county, upon oath before a justice of such county.<\/p>\n<p>152. Every person duly authorized to collect and levy any grand jury cess off any barony, county of a city, or county of a town, as soon as he shall have received the applotment of such cess, shall collect and levy the same according to such applotment; and such money may be levied by distress and sale of any goods and chattels of every person refusing to pay the proportion therein applotted for him or her to pay, which may be found on the premises chargeable, rendering to the owner the overplus, if any, after deducting the expenses of distraining, not exceeding twelvepence in the pound on the sum for which such distress may have been made; or in case the collector shall not think it expedient to proceed by distress, then and in such case such collector shall leave at the dwelling house of the party chargeable for or in respect of such premises 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 sum applotted within six days from the date of such notice, and expressing that within six days the money demanded may be paid to the collector at his house or office; and if such money be not so paid within such time, then it shall be lawful for such collector to prefer a complaint to any justice of the peace for the county in which the party may reside, and such justice shall summon the party so complained against to appear before him 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 money as he shall find due and payable under such applotment by the party complained against, 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 party, or upon his or her refusal or neglect forthwith to pay the sum or sums so by such justice directed to be paid, it shall and may be lawful for such justice, or for any justice of the peace for such county, to issue his warrant authorizing and empowering the said collector to levy the money thereby ordered to be paid by distress and sale of any goods or chattels of the party so complained against which may be found within any part of such county, rendering the overplus, if any, to him or her, the necessary charges and expenses of distraining being thereout first 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 party shall be found (which oath such justice shall administer and certify by endorsing in his handwriting his name on the warrant granted to make such distress), the goods or chattels of such party so refusing or neglecting to pay as aforesaid 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 snch warrant and certificate be distrained and sold, in the same manner as if the same had been found within such first-mentioned county.<\/p>\n<p>Grand jury cess shall be a charge on the lands and premises, and shall be paid by the person in the occupation thereof at the time of the levy, &amp;c.<\/p>\n<p>153. The sum or proportion of grand jury cess to be raised off each barony or county of a city or town under the treasurer\u2019s warrant, duly applotted for any person to pay, shall be a charge upon the lands and premises mentioned in such warrant and applotment, and shall be paid and payable by the person or persons occupying the premises respectively at the time such cess is levied thereout, although such person or persons did not occupy the same at the time such cess was imposed, and, when the sum payable by any person or persons does not exceed fifty pounds, may be sued for by civil bill in the name of the collector pefore the assistant barrister having jurisdiction to hear and determine causes by civil bill in the county, place, or district in which the person liable to pay the sum resides.<\/p>\n<p>Town or liberties of Callan to be a barony of the county of Kilkenny for purposes of presentments, &amp;c.<\/p>\n<p>154. And whereas doubts have been entertained as to the power of the grand jury of the county of Kilkenny to present any public work to be executed either wholly or in part within the town or liberties of Callan, or any money to be raised for such public work, or for any public work or other purposes for which a grand jury may lawfully present, out of the premises situated within such town or liberties, and also as to the powers of the treasurer of the said county to include said town or liberties in his warrant: Be it enacted, that it shall and may be lawful for the grand jury of the county of Kilkenny to present that any public works which it shall be deemed necessary to execute within such town or liberties shall be executed, and such town and liberties shall for every purpose connected with the execution of any public work, or a presentment for raising money, or for any other matter or thing which any grand jury under this or any other Act hereafter to be passed shall have power to present, be deemed and taken to be a barony in and of the said county of Kilkenny; and such town and liberties shall, until a valuation thereof shall be made under some Act for the valuation of lands and premises in Ireland, be deemed to contain three thousand six hundred acres, and shall according to such acreable contents be liable to and bear its proportion of any public rate or charge on the said county.<\/p>\n<p>Treasurer to cause any public building to be insured that may be so directed by a grand jury, &amp;c.<\/p>\n<p>155. It shall be lawful for the treasurer of any county for the time being to effect a policy or policies of insurance against fire on any public building or other public property which he shall be directed by the grand jury to insure, and for such sum as he shall be so directed; and such policy shall vest in the treasurer for the time being, and the sum thereby secured shall be payable to him as part of the public fund of such county, and shall be applied to public purposes from time to time as the grand jury shall direct by any presentment sanctioned and approved of by the judges of assize at the assizes at which such presentment may be made; and the grand jury shall have the power without any previous application at the sessions, and are hereby required, to present, to be levied off the county at large, the premium and other charges payable on such policy, and for continuing the same, and the treasurer shall from time to time pay such premium.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 156 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 157 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 158 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 159 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 160 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 161 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>Power of surveyors and contractors to dig for materials;<\/p>\n<p>and to make drains.<\/p>\n<p>Satisfaction for damage to be assessed by three house-holders.<\/p>\n<p>162. Every county surveyor and every contractor for any work to be executed by grand jury presentment shall have power and authority to dig for, raise, and carry away in or out of any lands, not being a deer park, bleach green, orchard, walled garden, haggard, or yard, or planted walk, lawn, or avenue to a mansion house, any gravel, stones, sand, or other materials, whether the same be found in the same or any adjoining county, which may be wanted for the building, rebuilding, enlarging, or repairing any bridge, arch, gullet, pipe, or wall, or for the making, repairing, or preserving any road or footpath; and such surveyor or contractor is hereby further empowered to make drains in order to carry off water which might injure any bridge, gullet, arch, pipe, wall, or road, in or through any lands, not being a deer park, bleach green, orchard, walled garden, haggard, or yard, or planted walk, lawn, or avenue to a mansion house; and shall make such satisfaction for the damage done thereby, or by taking any such materials as aforesaid, as shall be assessed by three substantial householders, which householders shall view the ground immediately previous to and immediately after such damages shall be committed, one of such householders to be named by the owner or occupier of the land, and another by the surveyor or contractor, and the third by any neighbouring justice of the peace; and in case any surveyor or contractor shall refuse, or, after four days notice in writing from such landholder, neglect to name a householder on his part, then one shall be named for him by such justice; and such three householders shall be sworn by such justice of the peace (previous to the damage being committed) to be appraisers of such damages as may occur, and to make a true estimate thereof, in which estimate the value of any stones, gravel, or other material shall not be included, but only the waste committed by breaking the surface and making a passage through the land, unless where such stones, gravel, or materials shall be taken from any quarries and gravel pits bon\u00e2 fide demised with liberty to work the same: Provided nevertheless, that it shall not be lawful for any such contractor or surveyor to enter any lands for any such purpose against the will of the occupiers thereof without the previous order of a justice of the peace, which order any such justice is hereby authorized and required to grant on its being proved to his satisfaction that the gravel, stones, or other materials sought cannot be conveniently procured elsewhere, nor such drain otherwise sufficiently made or cleansed.<\/p>\n<p>[Repealed]<\/p>\n<p>[Ss. 163, 164 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[Ss. 163, 164 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>Proceedings in case any public work erected or repaired by presentment shall be wantonly injured.<\/p>\n<p>165. In case at any time hereafter any public work erected or repaired by presentment of a grand jury shall be wantonly or maliciously damaged or destroyed, it shall be lawful for the county surveyor, and he is hereby required, to apply at the presenting sessions of the district in which such work is or was situate, holden next after the discovery by him of such damage or destruction, for the repair or reconstruction of such work; and such proceedings shall be had on such application as on any other application by such surveyor, save only that in case any presentment shall be made by the grand jury in consequence thereof, the amount of such presentment shall be levied either off of the parish in which such work is or was situate, or such portion thereof as the grand jury shall think proper.<\/p>\n<p>Applications relating to salaries and contingencies to be lodged with the secretary of the grand jury, &amp;c.<\/p>\n<p>166. Every person who shall require any presentment for fees, poundages, salary, or other contingency, or payment whatsoever, for which grand juries are authorized by the provisions of this Act to make presentments without previous application to presentment sessions, shall lodge an application for the same, with a full detail of the particulars and amount thereof, with the secretary of each grand jury six clear days at the least previous to the day appointed for impannelling such grand jury; and such secretary shall insert an abstract of such applications at the foot of the proper schedule which he is required to deliver to the foreman of the grand jury, and also at the foot of the copy which he is required to keep in his office for the inspection of the public: Provided always, that such presentments for fees, poundage, or other contingencies or payments, the particulars and amount whereof cannot be ascertained so as to allow of their being specified when the application therefor shall be lodged with the said secretary at the time aforesaid, may be made by the grand jury, although such particulars and amount shall not have been so specified.<\/p>\n<p>Dublin grand juries to transact fiscal business in open court.<\/p>\n<p>167. The grand juries of the county and of the county of the city of Dublin respectively shall transact the fiscal business of their several counties in open court, any Act or Acts now in force in Ireland, or any usage, to the contrary notwithstanding.<\/p>\n<p>No stamp duty upon contracts and recognizances under this Act.<\/p>\n<p>Proceedings before assistant barrister for breach of contract under a certain amount.<\/p>\n<p>168. No contract for any public work under the provisions of this Act, or any recognizance to be entered into for the execution of the same by virtue of this Act, shall be liable or subject to any stamp duty imposed by any Act or Acts passed or to be passed, unless specially mentioned therein; and whenever the amount of any such contract, or the sum for which any such recognizance shall be conditioned, or the sum sought to be recovered by virtue of such recognizance or contract, shall not exceed the sum of one hundred pounds, it shall be lawful to proceed against any such contractor or his sureties for such sum, or for damages for the breach of any such contract, by civil bill before the assistant barrister at the quarter sessions for the county where such work shall be situate, or in the county or city of Dublin before the recorder of Dublin; and the said assistant barrister and recorder shall have full power to hold plea thereof, and the same shall and may be proceeded on in like manner in all respects, and the like decree or judgment and execution shall and may be had thereon, and also the like benefit of appeal, and of proceedings, judgment, and execution thereon, as in case of any other sum or demand which may now by law be had or used before such judge.<\/p>\n<p>Fines to be levied by distress and sale, and if not otherwise directed, divided between informer and some hospital.<\/p>\n<p>Committal in case of nonpayment of fine.<\/p>\n<p>169. All fines and forfeitures inflicted by virtue of this Act, if not immediately paid, shall be levied by distress and sale of the offender\u2019s goods, by warrant under the hand and seal of a justice of the peace, together with all expenses attending the levying the same; and in case any fine be not immediately paid upon conviction, or within such time as the justice shall appoint, it shall be lawful for the justice of the peace before whom such conviction shall have been made to commit the offender to gaol for any time not exceeding two months, or until the fine be paid.<\/p>\n<p>The party distraining not to be a trespasser in consequence of irregularity, &amp;c.<\/p>\n<p>170. When any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any default or want of form in any proceedings relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio on account of any subsequent irregularity on the part of the party or parties distraining, but the person or persons aggrieved by such irregularity may recover full satisfaction for the special damages in any action on the case.<\/p>\n<p>Pleading of general issue, &amp;c. by persons sued for acting in execution of this Act.<\/p>\n<p>171. If any person shall be sued, molested, or troubled for putting into execution any of the powers contained in this Act, or for doing any act, matter, or thing pursuant thereto, such person shall and may plead the general issue, and give the special matter in evidence, and may avow the taking any distress on the acting treasurer and justices warrant merely, without going into other title or authority; and if the plaintiff or plaintiffs shall be non-suited, and judgment given against him, her, or them, upon demurrer or otherwise, or a verdict pass for the defendant or defendants, or a dismiss upon a civil bill, such defendant or defendants shall have his, her, or their treble costs, to be recovered by such method and manner whereby law costs are given to defendants [Rep., 5 &amp; 6 Vict. c. 97. s. 2.]; . . .<\/p>\n<p>Justices not to take money for affidavits.<\/p>\n<p>False swearing, &amp;c. punishable as perjury.<\/p>\n<p>172. It shall not be lawful for any justice of the peace or any other person to demand or take any sum of money or any reward for swearing any affidavit to be made by virtue of this Act; and if any person shall wilfully swear or affirm or declare falsely in any oath or affirmation or declaration made or taken by authority or under any of the provisions of this Act, every such person, being thereof convicted, shall be adjudged guilty of wilful and corrupt perjury, and incur the pains and penalties in such case by law provided; and it shall and may be lawful for any grand jury, without any previous application to presentment sessions, to make such presentments for defraying the prosecution of such delinquent as to them may seem fitting and expedient.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 173 rep. 54 &amp; 55 Vict. c. 67. (S.L.R.)]<\/p>\n<p>Money to be the present currency. Schedules to be deemed part of the Act, &amp;c.<\/p>\n<p>Notices, &amp;c. not to be impeached on technical grounds.<\/p>\n<p>174. The several sums of money in this Act mentioned shall be deemed to be the present lawful money of Great Britain and Ireland; and the schedules annexed to this Act shall be deemed and taken to be part thereof, and the forms therein contained shall be made use of in all cases to which such forms shall be applicable: Provided always, that it shall and may be lawful to erase or alter any words in such forms so as to make them applicable to any particular case, without materially altering the substance, but no further; and that no notice, recognizance, warrant, traverse, presentment, or other proceeding or matter whatsoever served, made, taken, or had under this Act shall be impeached on any technical or formal grounds, or for any informality, provided it shall be in substance conformable to the provisions of this Act.<\/p>\n<p>Baronies, &amp;c. may be divided, or may be united.<\/p>\n<p>175. It shall and may be lawful for the grand jury of any county, by presentment, to divide any barony or half barony thereof into one or more subdivisions, each whereof shall, for the purposes of this Act, and for all purposes relating to the presenting, raising, and levying of money for any matter or thing for which presentment may be lawfully made by grand juries, be deemed and taken to be a barony or half barony, as such grand jury shall present the same; provided such barony shall contain forty-five thousand acres, but not otherwise; and it shall be lawful for any grand jury to unite any two baronies, or any barony or any portion of any barony or baronies, into one, for the purposes of this Act; provided the baronies or portions so united shall not contain more than forty thousand acres.<\/p>\n<p>Certain counties may be divided into two ridings or districts, &amp;c.<\/p>\n<p>176. And whereas, from the great extent of certain counties in Ireland, and the inconvenient situation of the towns where the assizes are now held in respect to other parts of said counties, it may be expedient that a second assize town should be appointed at which assizes shall be holden for part of said counties, and for that purpose that the said counties should be divided into two districts or ridings: Be it therefore enacted, that it shall and may be lawful for the lord lieutenant, by and with the advice of the privy council, to order and direct that any county in Ireland shall be divided into two ridings or districts, and to direct and appoint what baronies or half baronies or other portions of land shall be contained in each of said ridings, and to order and direct that assizes and sessions under the commissioners of assize and general gaol delivery, and other commissions for the dispatch of civil and criminal business, or that any special commission or commissions of oyer and terminer and gaol delivery, should be holden in and for any county which now is or hereafter may be so divided at such town within the same as shall be deemed most expedient for the purpose, in addition to and in like manner as the same are now holden at the usual assize town.<\/p>\n<p>Lord lieutenant to make rules and regulations touching the venue in all cases to be tried within the said divisions, and all other matters consequent upon such division.<\/p>\n<p>Division not to abridge the rights of sheriffs, &amp;c.<\/p>\n<p>177. It shall and may be lawful for said lord lieutenant, with such advice as aforesaid, to make rules and regulations touching the venue in all cases, civil and criminal, then depending or there-after to be depending and to be tried within such divisions or ridings of any such county, and touching the alterations of any commissions, writs, precepts, or other proceedings thereby made necessary, and touching the attendance and liability of jurors, whether grand jurors, special jurors, or common jurors, at such assizes, or at any sessions to be holden for such ridings or divisions, and to make such orders, rules, and regulations for the building or fitting up of any gaol or court house in such town so to be appointed as the assize town of any such riding, and for ascertaining the proportions to be borne by each division or riding of all presentments or other fiscal charges affecting the county at large, and to make all such rules, orders, and regulations touching all other presentments as may be rendered necessary from time to time in consequence of the division of said county, and all other rules, orders, and regulations as may be necessary for carrying into full and complete effect the object of having two half-yearly assizes holden in and for said county in manner aforesaid; and all such rules, orders, and regulations shall be inserted in the Dublin Gazette, and notified in such other manner as orders of the lord lieutenant in council are usually notified: Provided always, that such division of said county for the purposes aforesaid shall not be deemed, construed, or taken to damage, alter, limit, or abridge any power, authority, jurisdiction, right, duty, or privilege of any high sheriff, sub-sheriff, or justice of the peace or other magistrate of the said county, or to affect the holding of an election of a member or members to serve in Parliament for such county, which shall continue to be holden at the town at which it is now by law required to be holden until Parliament shall otherwise direct.<\/p>\n<p>Mode of repayment of money advanced out of the consolidated fund, &amp;c.<\/p>\n<p>178. In all cases where by this or any Act or Acts now in force in Ireland repayment is to be made by grand jury presentment of any money advanced out of the consolidated fund or from any other public fund, the same shall be paid and payable unto such bank or person and in such manner as the Treasury shall from time to time think fit to direct and appoint.<\/p>\n<p>If grand jury refuse or neglect to present money which ought to be presented to repay monies advanced out of the consolidated fund, the court may make an order which shall have the form of a presentment.<\/p>\n<p>179. In case the grand jury at any assizes shall neglect or refuse duly to present any money which, under the provisions of this Act, or of any Act now in force in Ireland, or of any Act passed or to be passed in this present session of Parliament, such grand jury may be required to present at such assizes upon the certificate of the chief or under secretary of the said lord lieutenant, or otherwise, for the purpose of reimbursing or replacing any monies issued out of the consolidated fund of the United Kingdom of Great Britain and Ireland, the court shall have power to make an order directing the sum or sums which ought to have been so presented to be raised and levied as if the same had been so presented, and such order shall have the force and effect of a presentment, and the treasurer of the county shall insert the sum mentioned in such order in his warrant, and the same shall be applotted, raised, and levied and applied in like manner to all intents and purposes as if the same had been duly presented by such grand jury.<\/p>\n<p>No presentment for such repayment unless demanded within five years, &amp;c.<\/p>\n<p>180. In case at any time after the passing of this Act any sum of money shall be advanced out of the produce of the consolidated fund which is to be repaid wholly or in part by a presentment of any grand jury in Ireland, it shall not be lawful to make any presentment for repaying the same or any part thereof, unless the same has been demanded within five years next before the making of such presentment, except only where the same is to be repaid by instalments.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 181 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 182 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 183 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 184 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>Act to extend only to Ireland.<\/p>\n<p>185. This Act shall extend only to that part of the United Kingdom called Ireland.<\/p>\n<p>[Repealed]<\/p>\n<p>[S. 186 rep. 37 &amp; 38 Vict. c. 35. (S.L.R.)]<\/p>\n<p>SCHEDULES to which this Act refers.<\/p>\n<h4>Schedule (Z.)\u2014Form (A.)<\/h4>\n<p>Section 10.<\/p>\n<p>I A.B. of [here insert the name and place of abode of the justice taking this declaration] do declare, that I am a justice of the peace of the county [here insert the name of the county for which the presentment sessions is holden], and that I will truly, faithfully, and impartially do and perform all such acts, matters, and things as I am authorized to do and perform by and under the provisions of an Act passed in the year of the reign of his Majesty King William the Fourth, intituled [here set out the title of this Act], and that I will, without favour, affection, hatred, or malace or ill-will, diligently inquire into and impartially and honestly judge and determine, according to the evidence and to the best of my judgment and ability, upon the several applications and other matters which may be brought before me under the authority of the said Act.<\/p>\n<p>Witness my hand<\/p>\n<p>Schedule (Z.)\u2014Form (B.)<\/p>\n<p>Section 10.<\/p>\n<p>I A.B. of [here insert the name and place of abode of the cess payer taking this declaration] do declare, that I will truly, faithfully, and impartially do and perform all such acts, matters, and things as I am authorized to do and perform by and under the provisions of an Act passed in the year of the reign of his Majesty King William the Fourth, intituled [here set out the title of this Act], and that I will, without favour, affection, hatred, or malace, or ill-will, diligently inquire into and impartially and honestly judge and determine, according to the evidence, and to the best of my judgment and ability, upon the several applications and other matters which may be brought before me under the authority of the said Act.<\/p>\n<p>Witness my hand<\/p>\n<p>Schedule (Z.)\u2014Form (C.)<\/p>\n<p>Section 29.<\/p>\n<p>You shall diligently inquire, on behalf of the county [or county of city, county of town, or city and county] of , and true presentment made, of all such matters and things as shall be lawfully given to you in charge, or as shall come before you in any wise relating to the raising of any money upon the said county [or county of city, county of town, or city and county] of, or upon any barony, half barony or parish therein, or relating to the expenditure of any such money; you shall not present nor allow nor disallow any matter or thing through hatred, malace, or ill-will, nor through fear, favour, or affection.<\/p>\n<p>So help you GOD.<\/p>\n<p>Schedule (X.)\u2014Form (A.)<\/p>\n<p>Form of Application for making a new Line of Road.<\/p>\n<p>Section 16.<\/p>\n<p>County of } We, of and of do certify, that in our opinion it would be useful to make a new line of road from to between and , and that such new line of road is perches in length, and that said perches are in the townland [or townlands] of in the barony [or baronies] of in this county, and we propose that presentment for such purpose be made under and by virtue of section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act], and that the expense of the same shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony or baronies of ].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (B.)<\/p>\n<p>Form of Application for the Repairs of Roads.<\/p>\n<p>County of } We, of and of do certify, that we have lately viewed and measured perches of the road from to between and , and that the said perches are in the townland [or townlands] of between the houses and lands of A. and B. all in the barony of in this county, and that the same are in need of repair; and we propose that the expense of the aforesaid repairs shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (C.)<\/p>\n<p>Form of Application for widening Roads and making Fences instead of those to be taken away.<\/p>\n<p>County of } We, of and of do certify, that we have lately viewed and measured perches of the road from to between and in the townland [or townlands] of all in the barony [or half barony] of in this county, and that every of the same is feet wide, and no more, in the clear within the fences; and we are of opinion that it would be useful to the public using such road to widen the same, so as to make that part of the road feet wide in the clear, and safe and level throughout the whole of the said width, and to make new fences instead of those which shall be taken down or destroyed in order to widen the same; and we propose that the expense of widening and repairing the same shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (D.)<\/p>\n<p>Form of Application for making or repairing Footpaths.<\/p>\n<p>County of } We, of and of do certify, that in our opinion it is necessary to make [or repair] perches of footpath on the road from to between and all in the barony of in this county; and we propose that the expense of the aforesaid work shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (E.)<\/p>\n<p>Form of Application for Presentments to fill Grips or Trenches on the Sides of the Road, and making sufficient Fences instead thereof.<\/p>\n<p>County of } We, of and of do certify, that we have measured perches of the road from to between and all in the barony of in this county, where there are perches of immediately adjoining the said road, of the average breadth of and depth of , which are open and dangerous for passengers and travellers, and that it is necessary for the safety and security of the public frequenting such road to fill up the same, and to make a sufficient fence instead thereof; and we propose that the expense of the aforesaid work shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (F.)<\/p>\n<p>Form of Application for filling Dikes or Holes on the Sides of Roads.<\/p>\n<p>County of } We, of and of do hereby certify, that it is necessary for the security of travellers to fill up the dikes [or holes] immediately adjoining perches of the road from to between and all in the barony of in this county; and we propose that the expense of the said work shall not exceed pounds, and shall be defrayed by the county at large [or the barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (G.)<\/p>\n<p>Form of Application for lowering a Hill or filling a Hollow, or both, &amp;c. &amp;c.<\/p>\n<p>County of } We, of and of do certify, that we have lately viewed perches of a road in the townland of barony of in this county, and we are of opinion that it would be useful [here insert the work proposed]; and we propose that the expense of the aforesaid work shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (H.)<\/p>\n<p>Form of Application for erecting, enlarging, or repairing any Building whatsoever.<\/p>\n<p>County of } We, of and of do certify, that we have lately viewed and examined and that it will be useful to [here set out the work], at in this county; and we propose that the expense of the aforesaid work shall not exceed pounds, and shall be defrayed by the county at large [or barony or half barony of ], and that presentment for such purpose may be made under and by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act].<\/p>\n<p>(Signed) A.B.<\/p>\n<p>C.D.<\/p>\n<p>Schedule (X.)\u2014Form (I.)<\/p>\n<p>Form of Application for Payment by a Contractor for a Public Work.<\/p>\n<p>County of } Whereas the sum of was by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act], presented at assizes in the year for [here set out the work contracted for], in the barony of in this county: And whereas I contracted for the work aforesaid: Now this is to certify, that I have faithfully and honestly executed the said work, in conformity to the presentment for the same and to the terms of the specification of the county surveyor, and that every part of the said work was finished on the day of ; and I hereby apply for the payment of the said sum of .<\/p>\n<p>(Signed) A.B.<\/p>\n<p>Contractor.<\/p>\n<p>Schedule (X.)\u2014Form (K.)<\/p>\n<p>Form of Application for Payment by a Contractor for Works of Maintenance.<\/p>\n<p>County of } Whereas at the assizes in the year by virtue of the section of the chapter of [here set out the reign], being an Act for [here set out the title of this Act], perches of the road from to between and in the barony of in this county, were presented to be kept in repair for years by contract at the yearly sum of : And whereas I contracted for the same: Now this is to certify, that the said perches and every part thereof have been kept in good and sufficient repair and condition since the commencement of my contract, in conformity with the presentment and the specification of the county surveyor; and that the said perches and every part thereof are now in good and complete repair and condition, and that the said perches are free from nuisances; and I hereby apply for payment of the sum of for keeping the said perches in repair for months.<\/p>\n<p>(Signed) A.B.<\/p>\n<p>Contractor.<\/p>\n<p>Schedule (Y.)<\/p>\n<p>Section 24.<\/p>\n<p>Be it remembered, that on the day of in the year A.B. of in the county of , C.D. of in the county of , and E.F. of in the county of , came before me [one of the justices, or chairman, as the case may be,] at a p\u0155esenting sessions held at in the county of , and acknowledged themselves to be held and firmly bound to our sovereign lord the King, his heirs and successors, in the sum of pounds, to which payment they bind themselves, their heirs, executors, and administrators, and their estates jointly and severally :<\/p>\n<p>Whereas the above-bounden A.B. has become contractor for the execution of a certain public work, that is to say [mention it], and the said C.D. and E.F. have become his sureties for the due execution of such work: Now the condition of the foregoing recognizance is that if the said A.B. shall within the time mentioned in such contract well and truly execute such work in the manner required and agreed on by such contract, then the foregoing recognizance to be void, otherwise to remain in full force and effect.<\/p>\n<p>Schedule (T.)<\/p>\n<p>Section 87.<\/p>\n<p>I do declare, that I have not, directly or indirectly, given, paid, or secured, or promised to pay, give, or secure, nor has any person on my behalf to my knowledge or belief given or promised to give, any sum of money or other consideration whatsoever in order to procure myself to be appointed to the office of secretary of the grand jury, treasurer, et c\u00e6tera [as the case may be], of the county of and that I will not hereafter pay, secure, or give to any person or persons any money or any security for money in consideration of or in consequence of my having been appointed to such office: And I do declare, that my appointment to such office is totally unconnected with any arrangement between me and my predecessor in such office, nor has any such arrangement been made by any person or persons on my behalf to my knowledge or belief.<\/p>\n<p>Schedule (S.)<\/p>\n<p>Section 110.<\/p>\n<p>Table of Classification of Counties, Treasurers Securities, and Salaries of County Officers.<\/p>\n<p>\/images\/en.act.1836.0116.sched16.1.png<\/p>\n<p>Salaries for Officers in the County of the Town of Carrickfergus.<\/p>\n<p>\u00a3<\/p>\n<p>s.<\/p>\n<p>d.<\/p>\n<p>Treasurer &#8211; &#8211; &#8211;<\/p>\n<p>45<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>Clerk of the crown &#8211; &#8211;<\/p>\n<p>23<\/p>\n<p>1<\/p>\n<p>6<\/p>\n<p>Clerk of the peace &#8211; &#8211;<\/p>\n<p>24<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>Secretary &#8211; &#8211; &#8211;<\/p>\n<p>13<\/p>\n<p>17<\/p>\n<p>0<\/p>\n<p>Sheriffs &#8211; &#8211; &#8211;<\/p>\n<p>7<\/p>\n<p>7<\/p>\n<p>8<\/p>\n<p>Judges crier- &#8211; &#8211;<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>Sessions crier &#8211; &#8211;<\/p>\n<p>2<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>\u00a3117<\/p>\n<p>6<\/p>\n<p>2<\/p>\n<p>For the clerks of the crown in the towns of Youghal and Kinsale, to be presented by the grand jury of the county of Cork, \u00a324.<\/p>\n<p>For the clerks of the peace for the towns of Youghal and Kinsale, to be presented by the grand jury of the county of Cork, \u00a324.<\/p>\n<p>Note.\u2014Whensoever any clerk of the crown for the counties in the first class shall execute the duty of his office for more than one county of such class, in every such case the salary for such clerk of the crown shall, for such counties of the first class, be presented at \u00a3324 only.<\/p>\n<p>Schedule (R.)<\/p>\n<p>Section 86.<\/p>\n<p>I do declare, that I have not directly or indirectly paid any sum of money as or for the subscription of any person, in order to entitle him to become a governor of the infirmary of the county of or to qualify him as a subscriber to the dispensary of [as the case may be], and that I have not promised or in any manner engaged to repay, and have not directly or indirectly repaid or secured, and will not directly or indirectly repay or secure, nor has any person to my knowledge or belief, or on my behalf, given or promised to give to any person or persons, or for his or their use, or at all, any sum of money paid or secured or agreed to be paid or secured as a subscription to the said infirmary or dispensary, or any part thereof; and that no person whose subscription to said infirmary or dispensary, or any portion thereof, has been paid or secured by me, or any person acting for me or on my behalf, in order to qualify him to become a governor of the said infirmary, has voted for me: And I do declare, that my appointment to the office of is totally unconnected with any arrangement between me and my predecessor in such office, and that no arrangement has been made with him, to my knowledge or belief, by any person on my behalf.<\/p>\n<p>[1 Short title, \u201cThe Grand Jury (Ireland) Act, 1836.\u201d See Short Titles Act, 1892.<\/p>\n<p>This Act is rep. 37 &amp; 38 Vict. c. 35. (S.L.R.), as to so much as relates to the summary jurisdiction of justices as to any of the offences upon or relating to public roads in the Act 14 &amp; 15 Vict. c. 92. mentioned.]<\/p>\n<p>[1 So much of section 39 as provides that the lord lieutenant shall appoint a board of three civil or military engineers to examine and certify the qualification of all persons desirous to act as surveyors under the provisions of this Act, rep., 25 &amp; 26 Vict. c. 106. s. 1.]<\/p>\n<p>[1 Rep. in part. 40 &amp; 41 Vict. c. 27. s. 10.]<\/p>\n<p>[1 Rep. in part. 40 &amp; 41 Vict. c. 27. s. 10.]<\/p>\n<p>[1 Words as to dispensaries, which are omitted in this section, rep. 53 &amp; 54 Vict. c. 33. (S.L.R.)]<\/p>\n<p>[1 Rep. in part 40 &amp; 41 Vict. c. 27. s. 10.]<\/p>\n<p>[1 Rep. in part, 40 &amp; 41 Vict. c. 27. s. 10.]<\/p>\n<h2>GRAND JURY (IRELAND) ACT 1853<\/h2>\n<p>C A P. CXXXVI.<\/p>\n<p>An Act for enabling Grand Juries in Ireland to borrow Money from private Sources on the Security of Presentment, and for transferring to Counties certain Works constructed wholly or in part with Public Money. [20th August 1853.]<\/p>\n<p>\u2018Whereas it is expedient to enable Grand Juries in Ireland to raise Money on the Security of Presentments:\u2019 Be it therefore enacted by the Queen\u2019s 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, as follows:<\/p>\n<p>Money may be raised on the Security of Presentments repayable by Instalments, with Interest.<\/p>\n<h4>Grand Jury to appoint Committee to carry Presentment into effect.<\/h4>\n<p>I. It shall be lawful for the Grand Jury of any County, County of a City, or County of a Town, at any Assizes, or if in the County of Dublin at any Presenting Term, to present any Sum or Sums of Money for the Purpose of any Public Work which by Law it is or may be competent for them to present, (the estimated Cost of which shall not be less than One thousand Pounds) in order to obtain Advances by way of Loan from Parties willing to make such Advances, and to set forth in such Presentment that such Sum or Sums of Money shall be raised and levied by half-yearly Instalments of not less than Ten Pounds per Centum per Annum of the whole Sum to be expended, and likewise to present a Sum sufficient to pay the annual Interest of such Sum or Sums to be so expended, and from Time to Time remaining due, at such Rate (not exceeding Five Pounds per Centum), and likewise to include in such Presentment a sufficient Sum to defray the Expenses attendant upon obtaining an Examination and Report for the Information and Satisfaction of the Commissioners of Public Works in Ireland for the Purpose hereinafter mentioned, and to set forth in such Presentment what Part thereof shall be raised upon any Barony or Baronies in such County, or on the County at large; and the Treasurer of such County, County of a City, or County of a Town, shall and he is hereby authorized and required from Time to Time, without further Authority or Presentment in that Behalf, to issue his separate Warrant for or include in his general Warrant, at each Assizes or Presenting Term (if in the County of Dublin), such Portion or Portions of the whole Sum so presented, together with such Sum for Interest thereon, as may be necessary for the Purpose of paying the Instalments and Interest as aforesaid to any Party or Person who may, with the Sanction of the Commissioners of Public Works as herein-after provided, have made any Advance on the Faith of such Presentment, and the Sum or Sums inserted in such Warrant shall be raised and levied from and off the Barony or Baronies or County at large named in such Presentment and Warrant, in like Manner, from Time to Time, and with like Remedy in case of Nonpayment, as other Monies directed by any Warrant of such Treasurer are by Law to be or may be levied; and it shall be lawful for any such Grand Jury in every such Presentment to nominate and appoint a Committee, of not less than Three or more than Five Persons, to treat and agree and contract for a Loan with any Party or Person willing to make the same on the Security of such Presentment, and for the Rate of Interest which shall be paid on any such Loan, and otherwise to carry the said Presentment into effect, and every such Presentment may be in the Form in the First Schedule to this Act annexed.<\/p>\n<p>Such Presentment to be subject to the Approval of the Commissioners of Public Works.<\/p>\n<p>II. Provided however, That it shall not be lawful for any Party or Person to make any Advance on the Faith of any such Presentment until the Work for which such Presentment shall be made shall be sanctioned and approved by the said Commissioners of Public Works, such Sanction and Approval to be signified under the Hand of the Secretary of the said Commissioners for the Time being, to the Secretary of the Grand Jury, and all Money advanced under the Authority of this Act on the Credit of any such Presentment shall entitle the Party or Person advancing the same or his legal personal Representative or Assignee to be repaid with Interest in the Manner herein-before mentioned; and such Advance shall be paid over to the County Bank to the Credit of the Treasurer of such County, County of a City, or County of a Town, and accounted for by him in like Manner as any other Monies by him received for the Use of such County, and all Securities given by him shall extend to such Monies: Provided always, that any such Presentment as aforesaid shall be subject to the like Conditions as regards the previous Application to and Approval of the Justices and Cesspayers at Presentment Sessions, and to the like Traverse and all other Proceedings thereon, as other Grand Jury Presentments, but that after such Presentment shall be made and fiated it shall not be lawful for any Grand Jury to restrain the issuing of the Warrants which the Treasurer of such County, County of a City, or County of a Town ought from Time to Time to issue agreeably to the Provisions of this Act.<\/p>\n<p>Committee to treat and agree for Loan.<\/p>\n<p>III. When and so soon as any such Presentment as aforesaid shall have been duly certified by the Acting Clerk of the Crown, and the Sanction of the Commissioners of Public Works shall have been certified by the Secretary of the Grand Jury to the Committee so nominated and appointed therein, it shall be lawful for such Committee or any Three or more of them to treat, agree with, and contract for a Loan or Advance by any Party or Person willing to make the same on the Faith of such Presentment, to the Amount thereof, or such Part thereof as may be necessary, and also to agree and contract for the Rate of Interest (not exceeding the Limit aforesaid) to be paid in respect of such Loan or Advance, and the Terms of every such Contract and Agreement shall be reduced to Writing, on a certified Copy of such Presentment, and signed by the said Committee, or any Three or more of them, and by the Party or Person making such Loan or Advance, and delivered over to such Party or Person, and held by him as Security for every such Advance, until the whole of the Sum actually advanced, with Interest thereon as agreed upon, shall be fully paid off and discharged.<\/p>\n<p>Treasurer of County to pay Party advancing on the Faith of Presentment.<\/p>\n<p>IV. Every such Treasurer shall and he is hereby required to pay to the Party or Person who may have advanced Money on the Security of any such Presentment all and every such Sum as shall be received from the Baronial and other Collectors, by virtue of the Presentment and Warrants issued as aforesaid, until the whole Sum advanced shall be repaid, together with Interest thereon, to the Party or Person who may have advanced the same: Provided always, that all Monies in the Treasurer\u2019s Hands shall also be applicable and be applied to pay the Instalments of Principal, with Interest thereon, according to the Terms of any such Presentment and the Contract and Agreement as aforesaid, and if it shall happen that any Money shall have been raised by virtue of any such Presentment which will not be required for the Purposes for which it shall have been so raised, the same shall be carried to the Credit of the County, County of a City, or County of a Town, or Barony from which it shall have been raised.<\/p>\n<p>Where the Powers of the Grand Jury for Presentment are transferred to the Council of a Borough, such Council shall have the same Powers as a Grand Jury under this Act.<\/p>\n<p>V. Provided always, That where under any Act of Parliament the Powers, Rights, and Duties of the Grand Jury of any County of a City or County of a Town in relation to the Appointment of Presentment Sessions, and the presenting and levying of Rates and Cesses for any Purpose, have been or shall hereafter be transferred to the Council of any Borough, the Council of such Borough shall have all the Powers and Authorities hereby vested in the Grand Jury of a County, and the Money included in any Presentment or Order to be made by such Council under this Act shall be raised in such Borough in manner by Law provided with respect to Money required for such Purposes in relation to which the Powers of the Grand Jury may be transferred as aforesaid to such Council; and the Certificate of the Town Clerk of such Borough on any such Presentment or Order shall be as effectual as the Certificate of the Acting Clerk of the Crown in the Case of a Presentment by the Grand Jury of a County.<\/p>\n<h4>Grand Jury may present Expenses incurred in Matters of Business.<\/h4>\n<p>VI. That in addition to the Purposes for which Grand Juries may now by Law present, it shall be lawful for the Grand Jury of any County, County of a City, or County of a Town to present to be levied off the County at large, such Sum or Sums of Money as may be incurred in defending such County on the Trial of any Traverse or other Proceedings in which such Grand Jury may consider the Rights of the Cesspayers should be defended and protected, and also such Sums as may be necessary for any Costs incurred in the Conduct and Management of any Matter of Business which any such Grand Jury may consider right and proper for the Interests or Benefit of such County should be confided to and conducted by any Counsel, Solicitor, or Agent: Provided, however, that no such Presentment shall be made unless there shall have been laid before such Grand Jury a Bill duly taxed and certified by the proper Taxing Officer of the Costs incurred for any of the Purposes aforesaid for which such Presentment shall be required.<\/p>\n<p>1 &amp; 2 W.4.c.33.<\/p>\n<p>6 &amp; 7 W.4. c.108.<\/p>\n<p>2 &amp; 3 Vict.c.50<\/p>\n<p>9 &amp; 10 Vict.c.3<\/p>\n<p>10 &amp; 11 Vict. c. 75.<\/p>\n<p>VII. \u2018And whereas under and by virtue of an Act of the Session holden in the First and Second Years of King William the Fourth, Chapter Thirty-three, an Act of the Session holden in the Sixth and Seventh Years of the same Reign, Chapter One hundred and eight, an Act of the Session holden in the Second and Third Years of Her Majesty, Chapter Fifty, an Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter Three, and an Act of the Session holden in the Tenth and Eleventh Years of Her Majesty, Chapter Seventy-five, certain Harbours, Piers, Quays, Landing Places, and other Works in Ireland have been constructed or improved by the Commissioners of Public Works in Ireland wholly or in part with Public Money: And whereas, under and by virtue of the said last-mentioned Act, and an Order made by the said Commissioners of Public Works, dated the Sixth Day of February One thousand eight hundred and forty-nine, and published in the Dublin Gazette of Friday the Sixteenth of February in the same Year, several Harbours, Piers, Quays, Landing Places, and other Works on the Sea Coast of Ireland which within Forty-five Years before the passing of such Act had been made, wholly or in part, with Public Money advanced for the Improvement of the Fisheries, have become vested in such Commissioners, and the Counties liable to be charged with the Cost of the Repair and Maintenance of such Works (in case of the Insufficiency of the Tolls, Rates, or Rents accruing thereout,) are set forth in such Order: And whereas it is expedient to provide for the future Maintenance and Preservation of all the said Harbours, Piers, Quays, Landing Places, and Works constructed or improved by the said Commissioners of Public Works as aforesaid, and of the like Works which may be hereafter constructed or improved by such Commissioners under the said Acts, and also of the Works so vested in the said Commissioners as aforesaid, which said Harbours, Piers, Quays, Landing Places, and Works, heretofore constructed or improved as aforesaid, and vested in the said Commissioners as aforesaid, are respectively mentioned in the Second Schedule to this Act annexed:\u2019<\/p>\n<p>Commissioners of Public Works may transfer Harbours, Piers. Quays, &amp;c. to Grand Juries of Counties.<\/p>\n<p>Nothing to alter or abridge Powers of Commissioners for recovering Monies advanced by way of Loan, and Interest thereon.<\/p>\n<p>Tolls and Rates to be fixed by Commissioners of Public Works, with Approbation of the Treasury.<\/p>\n<p>Nothing to affect Powers of Commissioners of Public Works to make Byelaws, &amp;c.<\/p>\n<p>It shall be lawful for the said Commissioners of Public Works (by and with the Consent and Direction of the Commissioners of Her Majesty\u2019s Treasury), by Warrant under the Hands of the said Commissioners of Public Works or any Two of them, from Time to Time to direct that any Harbour, Pier, Quay, Landing Place, or other Work mentioned in the said Schedule, or which at any Time hereafter shall be erected, constructed, or made, altered or improved, by the said Commissioners of Public Works, out of the Sums of Fifty thousand Pounds and Forty thousand Pounds granted by the said Acts of the Ninth and Tenth and Tenth and Eleventh Years of Her Majesty, or any Land at, about, or adjoining such Harbour, Pier, Quay, or Landing Place purchased by and vested in the said Commissioners under the Provisions of the said Acts or either of them, shall be deemed and become the public Property of the County in which such Harbour Pier, Quay, Landing Place, or other Work may be situate, and from and after the Date of any such Warrant such Harbour, Pier, Quay, Landing Place, or other Work, together with all Ways, Rights, Members, and Appurtenances thereto belonging, and such Land, shall be deemed and taken to be the public Property of such County, and be held, maintained, and preserved by the Grand Jury of the County mentioned in such Warrant in like Manner as any public or County Road or Bridge within such County the Expense of which is or may be chargeable to such County or any Barony thereof: Provided always, that nothing in this Provision contained shall in any Manner affect, alter, or abridge the Powers of the said Commissioners of Public Works under the said Acts of the Ninth and Tenth and the Tenth and Eleventh Years of Her Majesty, or either of them, for the raising, levying, and recovering the Amount specified in any Final Award made or to be made by the said Commissioners of Public Works, and therein stated to have been advanced by way of Loan, or the Interest thereof: Provided also, that the Tolls and Rates to be levied and paid for the Use of any such Harbour, Pier, Quay, Landing Place, or other Work shall be from Time to Time fixed by the said Commissioners of Public Works, with the Approbation of the Commissioners of Her Majesty\u2019s Treasury; but all such Tolls and Rates shall belong to the County in which such Work may be situate, and shall be levied, collected, and applied, under the Direction of the Grand Jury of such County, and Payment thereof may be enforced by such Person as they may appoint to receive the same, in like Manner as Payment of the Tolls or Rates for the Use of such Work as aforesaid may, under the said Acts or any of them, be enforced by the said Commissioners of Public Works, or their Lessees or Officers: Provided also, that nothing in this Provision, or in any Warrant of the said Commissioners for making any such Harbour, Pier, Quay, Landing Place, or other Work, the public Property of any such County as aforesaid, shall prevent the said Commissioners of Public Works from exercising the Powers contained in the said Acts of the Sixth and Seventh Years of King William the Fourth and of the Ninth and Tenth Years of Her Majesty, in respect to the making, altering, or repealing of any Byelaws, Rules, Orders, and Regulations, as therein mentioned, or in anywise affect the Powers or Provisions of the said Acts in relation to such Byelaws, Rules, Orders, or Regulations, but such Powers may be exercised by the said Commissioners of Public Works, in respect to any such Harbour, Pier, Quay, Landing Place, or other Work, as if no such Warrant had been executed for vesting any such Pier, Harbour, Quay, Landing Place, or other Work in any such County as aforesaid.<\/p>\n<h4>Grand Jury may present for Repairs of Harbours, Piers, Quays. &amp;c.; and enter into Contracts for Repairs of such Harbours, &amp;c.<\/h4>\n<p>VIII. It shall be lawful for the Grand Jury of any County in which any such Harbour, Pier, Quay, Landing Place, or other Work may be situate to present to be raised off the County at large, or any Barony or Baronies therein, such Sum and Sums of Money as may from Time to Time be necessary for the Repair and Maintenance of any such Work which may become the Property of any such County as aforesaid, and to contract for the Maintenance and Repair of any such Work for any Term not exceeding the Term of Seven Years, and, without any Application to Presentment Sessions, to present to be raised off such County at large, Barony or Baronies, from Time to Time for the Amount necessary to pay the Person or Persons with whom any such Contract shall be made.<\/p>\n<p>Grand Jury to appoint \u201cHarbour Constable\u201d for enforcing Byelaws, and for Care and Conservancy of Work; and may present for his Salary.<\/p>\n<p>IX. It shall be lawful for the Grand Jury of the County in which any such Harbour, Pier, Quay, Landing Place, or other Work may be situate to appoint, from Time to Time as Occasion shall require, a proper Person, at such Salary as they may think fit, not exceeding the Sum of Twenty Pounds per Annum, for enforcing the Byelaws, Rules, Orders, and Regulations (if any) which shall or may be made by the Commissioners of Public Works respecting any such Work, and for the Purpose of settling all Disputes which may arise with respect to the Occupation or Use and the due and proper Care and Preservation of any such Harbour, Pier, Quay, Landing Place, or other Work; and such Person so to be appointed shall be called \u201cthe Harbour Constable,\u201d and shall have, for the Purposes aforesaid or any of them, in addition to the Powers hereby or by any such Byelaws given, the same Rights, Powers, and Authorities as if he had been appointed to and formed Part of the Constabulary Force established in and for any County in Ireland; and it shall be lawful for the Grand Jury of any such County to present for the Amount of the Salary so agreed to be paid to any such Harbour Constable, without any Application to Presentment Sessions.<\/p>\n<p>Application of Penalties in respect of Piers, Harbours, &amp;c.<\/p>\n<p>X. One Half of every Sum of Money levied as a Fine or Penalty under the Provisions of the said Acts of the Sixth and Seventh Years of King William the Fourth and the Ninth and Tenth Years of Her Majesty, or either of them, or under or in respect of any Byelaw heretofore made or which shall be made by the said Commissioners of Public Works, in respect of any such Harbour, Pier, Quay, Landing Place, or other Works, which shall become the Property of any such County, shall be paid to the Informer or Person who shall be the Means of bringing to Justice any Person offending against such Acts or either of them or such Byelaw as aforesaid, and the remaining Half shall be paid to the Treasurer of the County in which any such Harbour, Pier, Quay, Landing Place, or other Work shall be situate, to be by him brought to the Credit of such County.<\/p>\n<p>Commissioners of Public Works may execute Works of Repair of Harbours, Piers, Quays, &amp;c. in certain Cases.<\/p>\n<p>XI. In case the Lord Lieutenant or other Chief Governor or Governors of Ireland shall signify to the Commissioners of Her Majesty\u2019s Treasury that any such Harbour, Pier, Quay, Landing Place, or other Work which may become the Property of any such County as aforesaid is not kept and maintained in good and proper Repair by the Grand Jury of the County in which any such Work may be situate, or that any sudden Breach or Damage has occurred to any such Work, it shall and may be lawful for the Commissioners of Her Majesty\u2019s Treasury in any such Case, if they think fit, on an Estimate being laid before them by the Commissioners of Public Works or any Two of them, setting forth what Sum will be requisite and necessary from Time to Time for the Repair of any such Harbour, Pier, Quay, Landing Place, or other Work, and stating the Situation of such Harbour, Pier, Quay, Landing Place, or other Work, and of the Repairs required for the same, to direct that any such Sum or Sums of Money required by such Commissioners of Public Works, or any Part thereof, be advanced and paid to such Commissioners out of the growing Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to be applied, under the Directions of the said Commissioners of Public Works, in the repairing of any such Harbour, Pier, Quay, Landing Place, or other Work.<\/p>\n<p>Mode of Repayment of Money expended on such Repairs.<\/p>\n<p>XII. Whenever any such Harbour, Pier, Quay, Landing Place, or other Work shall be repaired under the Direction of the said Commissioners of Public Works, the said Commissioners or any Two of them shall certify to the Lord Lieutenant or other Chief Governor or Governors of Ireland the total Amount of the Expense incurred by such Repair, and thereupon the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or in his Absence the Under Secretary, shall certify to the Secretary of the Grand Jury of any County within which any such Harbour, Pier, Quay, Landing Place, or other Work shall be situate, the Amount of Money which shall have been expended upon the Repair of such Harbour, Pier, Quay, Landing Place, or other Work within any and every such County respectively out of the Advances authorized by this Act; and every such Certificate shall be laid before the Grand Jury of any and every such County at the next Assizes after the Date of such Certificate of the Chief or Under Secretary, and thereupon the Grand Jury shall present for the Amount of such Expenses as stated in such Certificate to be raised off such County at large, or any Barony or Baronies therein; and when and as soon as the Sum so to be presented as aforesaid shall be raised and received by the Treasurer of any such County, such Treasurer shall pay over the same to the Paymaster of Civil Services in Ireland, or in such Manner as the Commissioners of Her Majesty\u2019s Treasury shall direct.<\/p>\n<p>So much of 10 &amp; 11 Vict. c. 75. as relates to Proceedings previous to First Repairs of Piers, &amp;c. repealed.<\/p>\n<p>XIII. \u2018And whereas in and by the said Act of the Tenth and Eleventh Years of Her Majesty it was enacted, that the said Commissioners of Public Works, with the Approval of the Commissioners of Her Majesty\u2019s Treasury, might, if they thought fit, out of the Funds therein mentioned, advance by way of Grant any Part of the Expenses of the First Repair of any Harbour, Pier, Quay, Landing Place, or other Work vested in them under such Act, and previously to such First Repair such Proceedings should be had and taken as by the said Act of the Ninth and Tenth Years of Her Majesty are required to be previously had or taken in the Case of any new Pier, Quay, Harbour, or other Work the Expense of which was partly to be paid by any County or District: And whereas it is expedient to amend the said Provision:\u2019<\/p>\n<p>So much of the said Act of the Tenth and Eleventh Years of Her Majesty as directs that, previous to such First Repair of any Harbour, Pier, Quay, Landing Place, or other Work vested in the said Commissioners of Public Works, such Proceedings shall be had and taken as by the said Act of the Ninth and Tenth Years of Her Majesty are required to be previously had or taken in the Case of any new Pier, Quay, Harbour, or other Work the Expense of which is partly to be repaid by any County or District, shall be repealed, save as to any Matter or Thing heretofore done under such Provision.<\/p>\n<p>Harbours, Piers Quays, &amp;c. may be repaired by Commissioners of Public Works at any Time previous to same being transferred to the County.<\/p>\n<p>XIV. Previously to the Time when any Harbour, Pier, Quay, Landing Place, or other Work shall become the public Property of any County as aforesaid, it shall and may be lawful for the said Commissioners of Public Works, with the Sanction and Approval of the Commissioners of Her Majesty\u2019s Treasury, if they think fit, out of the Residue now remaining unapplied of the several Sums of Fifty thousand Pounds and Forty thousand Pounds in and by the said Acts of the Ninth and Tenth and the Tenth and Eleventh Years of Her Majesty granted for the Purposes of the said Acts, to apply such Sum of Money as may in the Opinion of the said Commissioners of Public Works be necessary for the Repair of such Harbour, Pier, Quay, Landing Place, or other Work without charging such Sum or any Part thereof on such County.<\/p>\n<p>9 &amp; 10 Vict.c.3.<\/p>\n<p>XV. \u2018And whereas in and by the said Act of the Ninth and Tenth Years of Her Majesty it was enacted, that any Sum of Money which under the Final Award of the said Commissioners of Public Works should be payable by any County in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of the said Act should be payable by the Grand Jury of such County, and the Secretary of the said Commissioners should certify to the Secretary of such Grand Jury the Amount of such Sum of Money, and the Instalments and Manner by and in which the same was payable under the Award of said Commissioners, and such Grand Jury was required, without Application to Presentment Sessions, to make Presentment of the Amount of such Costs, Charges, and Expenses, or of the Instalments from Time to Time payable in respect thereof, as stated in such Certificate, together with Interest, as therein mentioned, to be raised off the County at large; and it is by said Act also enacted, that any Sum of Money which under such Final Award should be payable by any District in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of said Act, with Interest thereon, as therein mentioned, should be charged upon the Occupiers of and other Persons rateable in respect of Lands and Hereditaments within such District, and rated as therein mentioned, and should be payable either in One Sum, or by Instalments, as specified in such Award, by the Ratepayers therein mentioned, the same to be assessed and levied as therein mentioned: And whereas it is expedient to make other Provision for the Collection and Repayment of all Sums which under any Final Award of the said Commissioners should be payable by any County or by any District in respect of Monies advanced by way of Loan for or in respect of any Work executed under the Provisions of the said last-mentioned Act:\u2019<\/p>\n<p>Monies payable by County or District under Award to be presented by Grand Jury.<\/p>\n<p>Where any Sum of Money under the Final Award of the said Commissioners already made, or hereafter to be made, is or shall be payable by any County and District, or either of them, in respect of Monies advanced by way of Loan for or in respect of any Harbour, Pier, Quay, Landing Place, or other Work, under the Provisions of the said Act of the Ninth and Tenth Years of Her Majesty, or of this Act, the same shall be payable by the Grand Jury of such County; and the Secretary of the said Commissioners shall certify to the Secretary of such Grand Jury the Amount of such Sum of Money, and the Instalments and Manner by and in which the same is payable, under the Award of the said Commissioners; and such Grand Jury are hereby required, without Application to Presentment Sessions, to make Presentment of the Amount mentioned in such Certificate to be payable at the Times and in the Manner stated in such Certificate, to be raised off the County at large and District, or either of them, as the Case may be; and in default of such Presentment, the Court, at such or the next Assizes, shall order the Amount mentioned in such Certificate to be raised off such County and District, or either of them, as the Case may be, and such Order shall have the Force and Effect of a Presentment; and the Treasurer of such County shall insert such Amount as shall be so presented or ordered as aforesaid in his Warrant or Warrants, and the same shall be applotted, raised, and levied, sued for and recovered, by such and the same Ways and Means as any Grand Jury Cess; and when and so soon as such Amount as aforesaid shall be raised and received by the Treasurer of the County, such Treasurer shall immediately pay the same to the Paymaster of Civil Services in Ireland for the Time being, and the same shall be by him paid over and applied, in such Manner as the Commissioners of Her Majesty\u2019s Treasury shall from Time to Time direct, in discharge of the Loan mentioned in any such Award, and chargeable to such County and District, or either of them.<\/p>\n<p>Monies payable under Awards by Proprietors to be paid to the Paymaster of Civil Services.<\/p>\n<p>XVI. Any Sum of Money which under any such Final Award shall be payable by any Proprietor of Lands in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of the said Act of the Ninth and Tenth Years of Her Majesty, together with Interest for such Sum, as by the said Act provided, from the Date of such Award, shall be paid and payable to the Paymaster of Civil Services in Ireland for the Time being, and the same shall be by him paid over and applied, in such Manner as the Commissioners of Her Majesty\u2019s Treasury shall from Time to Time direct, in discharge of the Loan, and Interest thereon, chargeable on the Lands of such Proprietor, as mentioned in any such Award: Provided always, that nothing herein contained (save as lastly herein-before mentioned) shall in any Manner alter or affect the Provisions of the said Act with respect to Repayment of such Loan or the Recovery thereof in case of Nonpayment of the same.<\/p>\n<p>6 G. 4. c. 101.<\/p>\n<p>XVII. \u2018And whereas by an Act of the Sixth Year of King George the Fourth, Chapter One hundred and one, Provision was made for the Repair and Maintenance of certain Roads and Bridges in Ireland made wholly or in part at the Public Expense, and by the said Act of the First and Second Years of King William the Fourth the said Act of King George the Fourth, which had expired, was revived, and the Repair and Maintenance of such Roads and Bridges placed under the Direction of the said Commissioners of Public Works: And whereas the several Roads and Bridges which have been made by the said Commissioners of Public Works under the said Act of the First and Second Years of King William the Fourth, and the Acts amending the same, have hitherto been maintained by the said Commissioners of Public Works, and the Expenses incurred in such Maintenance have from Time to Time been repaid by means of Grand Jury Presentment by the Counties in which such Roads are respectively situate: And whereas it is expedient that the Maintenance of all the said Roads and Bridges should be transferred to the respective Counties in which such Roads or Bridges may be situate:\u2019<\/p>\n<h4>Roads and Bridges hitherto maintained by Commissioners of Public Works vested in Grand Jury.<\/h4>\n<p>All Roads and Bridges in Ireland heretofore maintained and repaired by the said Commissioners of Public Works, under the said Acts of the Sixth Year of King George the Fourth and the First and Second Years of King William the Fourth, and also all Roads and Bridges heretofore made by the said Commissioners, either wholly or in part at the Public Expense, by means of free Grants, under the said Act of the First and Second Years of King William the Fourth, or any of the Acts amending the same, and heretofore maintained by the said Commissioners of Public Works, shall from and after the First Day of July next ensuing be considered and deemed public County Roads and Bridges the Property of the Counties in which such Roads and Bridges shall be respectively situate, and the same Roads and Bridges respectively shall be kept in repair and maintained as public County Roads and Bridges within such Counties respectively are now kept in repair and maintained: Provided always, that when any such Bridge shall be situate partly in One County and partly in another, the Expense of repairing and maintaining such Bridge shall be borne and defrayed equally between such Counties, and Presentments made accordingly.<\/p>\n<p>Existing Contracts for Maintenance and Repairs of Roads and Bridges transferred to Grand Jury.<\/p>\n<p>XVIII. \u2018And whereas Contracts or Agreements have been entered into by the said Commissioners of Public Works with certain Persons for the Maintenance and Repairs of certain of the said Roads and Bridges, and which Contracts are still subsisting, and it is expedient to make due Provision for the same:\u2019<\/p>\n<p>From and after the said First Day of July all the Benefit and Obligation to which the said Commissioners of Public Works may be entitled or subject under any Contract entered into with them, and then in force, for the Repair of any such Road or Bridge as aforesaid, and under any Bond or other Instrument as a Security for the Performance of any such Contract, shall, without any Act or Deed whatever to be done by the said Commissioners of Public Works or any other Person, become transferred to and vest in the Grand Jury of the County in which any such Road or Bridge to which such Contract shall relate shall be situate, and every such Contract, Bond, or other Instrument may be proceeded upon by or on behalf of such Grand Jury, or at their Instance, in the same Manner as if such Contract, Bond, or other Instrument had been entered into in pursuance of the Provisions of the several Acts relating to the Presentment of Public Monies by Grand Juries in Ireland for the Repairs of Roads or Bridges, and every Person who entered into such Contract shall be entitled to the full Benefit of such Contract, as against such Grand Jury, and the same shall be as binding on such Grand Jury as if the same were entered into with such Grand Jury, and from and after the said First Day of February the Liability of the said Commissioners of Public Works in respect to any such Contract shall cease and determine.<\/p>\n<p>6 &amp; 7 W.4.c.35.<\/p>\n<p>XIX. \u2018And whereas by an Act of the Session holden in the Sixth and Seventh Years of King William the Fourth, Chapter Thirty-five, certain Roads therein mentioned or referred to, passing to, from, and between the General Post Office in the City of Dublin and the Harbour at Howth, were, with the said Harbour and other Works and Matters therein mentioned, vested in the Commissioners acting in execution of the said Act of the First and Second Years of King William the Fourth, now the Commissioners of Public Works in Ireland, the same to be thenceforth repaired, maintained, and supported by the said Commissioners, as therein mentioned: And whereas it is no longer necessary or expedient that the said Roads should continue to be repaired and maintained by the said Commissioners of Public Works:\u2019<\/p>\n<p>Road from Dublin to Howth (save that Part commonly called the North Strand) vested in and to be maintained by the Trustees of the Road.<\/p>\n<p>From and after the First Day of October next so much of the said Act of the Sixth and Seventh Years of King William the Fourth as vests in the said Commissioners of Public Works the said Road from Dublin to Howth, and enacts that the same shall be repaired, maintained, and supported by such Commissioners, and provides that Payments shall be made as therein mentioned to such Commissioners for the Repairs of such Roads, shall be repealed; and the said Road from Dublin to Howth (save that Part commonly called the North Strand, herein-after specially provided for,) shall be vested in and maintained and kept in repair by the Trustees respectively acting in execution of the several Acts passed by the Parliament of Ireland in the Twenty-sixth, Twenty-eighth, Twenty-ninth, Thirty-first, Thirty-second, Thirty-third, and Thirty-eighth Years of King George the Third, in the said Act of the Sixth and Seventh Years of King William the Fourth, Chapter Thirty-five, mentioned or referred to, and of the Act of the Fifty-sixth Year of King George the Third, in the same Act of the Sixth and Seventh Years of King William the Fourth also mentioned or referred to, and of any other Act or Acts of Parliament respecting the said Roads, in the same Manner, and with, subject to, and under the same Powers, Authorities, and Provisions, as if the Act of the Fourth Year of King George the Fourth, Chapter Seventy-four, relieving such Trustees from the Burden of the Repair of the said Road, and providing for the Repair thereof by the Commissioners therein mentioned, and any subsequent Act providing for such Repair by any other Commissioners, had not been passed.<\/p>\n<p>Portion of Road from Dublin to Howth called North Strand to be deemed a public Road.<\/p>\n<p>Presentment for Repairs and Maintenance thereof to be made.<\/p>\n<p>XX. From and after the said First Day of October the said Road commonly called and known as the North Strand, commencing at the Circular Road near to the City of Dublin, and ending at Annesley Bridge, shall be considered a public Road within the County of the City of Dublin, and be maintained and kept in repair in like Manner and subject to the like Provisions as all other Roads being within the said County of the City of Dublin, and any Sum of Money which may appear by the Certificate of the said Commissioners of Public Works to be now due and owing to the said Commissioners for Repairs heretofore made to the said Road shall be presented for by the Council of the Borough of Dublin, in like Manner as they are now authorized to present for Monies for the Repairs of any Road within the County of the City of Dublin, to be paid to the said Commissioners of Public Works at such Times as shall be mentioned in such Certificate.<\/p>\n<p>Interpretation.<\/p>\n<p>XXI. The Term \u201cTreasurer,\u201d when used in this Act, shall, as regards the County of Dublin, be held to signify the Finance Committee; and the Instalments herein directed to be raised half yearly shall, as regards the said County of Dublin, be held to signify yearly; and the Amount of each Instalment, exclusive of Interest, to be not less than Ten per Cent. of the whole Amount of the Sum presented.<\/p>\n<h2>LOCAL GOVERNMENT (IRELAND) ACT 1871<\/h2>\n<p>CHAPTER CIX.<\/p>\n<p>An Act to amend the Law relating to the Local Government of Towns and populous Places in Ireland.[1] [21st August 1871.]<\/p>\n<p>[Ss. 1\u201310 rep. 41 &amp; 42 Vict. c. 52. s. 294.]<\/p>\n<p>Audit of Accounts.<\/p>\n<p>Audit of accounts.<\/p>\n<p>11. The accounts of the receipts and expenditure of the governing body of every town in Ireland, except the boroughs or municipalities of Cork, Kilkenny, and Waterford, shall be audited and examined once in every year by the auditor of accounts relating to the relief of the poor for the union in which such town or the greater part thereof is situate, unless such auditor be a contractor for any articles or things supplied to, or be a member of the governing body of such town, or unless such auditor is unable to undertake the duties incident to such audit, in any of which cases such accounts shall be audited by such auditor of accounts relating to the relief of the poor for any other union, or by such other person as may, from time to time, be appointed by the Chief Secretary for that purpose.<\/p>\n<p>Duties of auditor; and appeal against decision of auditor.<\/p>\n<p>12. Every auditor acting in pursuance of this Act shall examine into the matter of every account which is to be audited by him, and shall disallow and strike out of every such account all payments, charges, and allowances made by any person and charged upon the funds of any town contrary to law, or which he deems to be unfounded, and shall surcharge the same upon the person making or authorizing the making of the illegal payment, and shall certify the same to be due from such person, and upon application by any party aggrieved shall state in writing at the foot of such account the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made; and it shall be lawful for every person aggrieved by any such allowance and for every person aggrieved by such disallowance or surcharge, if such last-mentioned person have first paid or delivered over to any person authorized to receive the same all such money, goods, and chattels as are admitted by his account to be due from him or remaining in his hands, to apply to the Court of Queen\u2019s Bench for a writ of certiorari to remove into the said court the said allowance, disallowance, or surcharge, in the like manner and subject to the like conditions as are provided in respect of persons suing forth writs of certiorari for the removal of orders of justices of the peace, except that the condition of the recognizance shall be, to prosecute such certiorari, at the costs and charges of such person, without any wilful or affected delay, and if such allowance, disallowance, or surcharge be confirmed, to pay to such auditor or his successor, within one month after the same may be confirmed, his full costs and charges, to be taxed according to the course of the said court, and except that the notice of the intended application, which shall contain a statement of the matter complained of, shall be given to such auditor or his successor, who shall in return to such writ return a copy under his hand of the entry or entries in such book of account to which such notice shall refer, and shall appear before the said court, and defend the allowance, disallowance, or surcharge so impeached in the said court, and shall be reimbursed all such costs and charges as he may incur in such defence out of the rates which the governing body of the town interested in the decision of the question have power to make, unless the said court make any order to the contrary; and that on the removal of such allowance, disallowance, or surcharge, the said court shall decide the particular matter of complaint set forth in such statement, and no other; and if it appear to such court that the decision of the said auditor was erroneous, they shall, by rule of the court, order such sum of money as may have been improperly allowed, disallowed, or surcharged to be paid to the party entitled thereto by the party who ought to repay or discharge the same; and they may also, if they see fit, by order of the court, direct the costs of the person prosecuting such certiorari to be paid out of rates which the governing body have power to make, as to such court may seem fit; which orders of court respectively shall be enforced in like manner as other orders of the said court are enforceable.<\/p>\n<p>Provided always, that it shall be lawful for any person aggrieved as aforesaid by any allowance, disallowance, or surcharge, in lieu of making application to the Court of Queen\u2019s Bench for a writ of certiorari, to apply to the Chief Secretary to inquire into and to decide upon the lawfulness of the reasons stated by the auditor for such allowance, disallowance, or surcharge, and it shall thereupon be lawful for the Chief Secretary to issue such order therein, under his hand, as he may deem requisite for determining the question.<\/p>\n<p>As to recovery of disallowances.<\/p>\n<p>13. Every sum certified to be due from any person by the auditor under this Act shall be paid by such person to the treasurer of the governing body within fourteen days after the same shall have been so certified, unless there be an appeal against the decision; and if such sum is not so paid, and there is no such appeal, the auditors shall recover the same from the person against whom the same has been certified to be due, by the like process and with the like powers as in the case of sums certified upon the audit of the poor rate accounts, and shall be paid by the governing body all such costs and expenses, including a reasonable compensation for his loss of time incurred by him in such proceedings, as are not recovered by him from such person.<\/p>\n<p>Power of auditor to summon witnesses, &amp;c.<\/p>\n<p>14. For the purpose of any audit of accounts under this Act, every auditor may, by summons in writing, require the production before him of all books, deeds, contracts, accounts, vouchers, and all other documents and papers which he may deem necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, documents, or papers to appear before him at any such audit or any adjournment thereof, and if thereunto required by such auditor to verify on oath or affirmation (which oath or affirmation every such auditor is hereby authorized to administer or take) the truth of all such accounts and statements from time to time respectively, or subscribe a declaration as to the correctness of the same.<\/p>\n<p>Penalties for giving false evidence, or refusing to give evidence.<\/p>\n<p>15. If any person upon any examination under the authority of this Act shall wilfully give false evidence, or wilfully make or subscribe a false declaration, he shall on being convicted thereof suffer the pains and penalties of perjury; and if any person shall refuse or wilfully neglect to attend in obedience to any summons of any auditor, or to give evidence, or shall wilfully alter, suppress, conceal, destroy, or refuse to produce any books, deeds, contracts, accounts, vouchers, documents, or papers, or copies of the same, which may be required to be produced for the purposes of this Act, to any auditor authorized by this Act to require the production thereof, every person so offending shall be deemed guilty of a misdemeanor.<\/p>\n<p>Remuneration of auditor.<\/p>\n<p>16. Every auditor shall in respect of each audit under this Act be paid, out of the funds of the town in respect of which such audit shall have been held, such reasonable remuneration, not being less than two guineas for every day in which he is employed in such audit, as the governing body of such town may from time to time appoint, together with his expenses of travelling to and from the place of audit.<\/p>\n<p>Notice of audit, &amp;c.<\/p>\n<p>17. Before each audit of the accounts of any town under this Act,\u2014<\/p>\n<p>(1.) The governing body of such town shall, after receiving from the auditor the requisite appointment, give twenty days notice of the time and place at which such audit will be made, by advertisement in some one or more of the public newspapers circulated in such town; and<\/p>\n<p>(2.) The governing body of such town shall cause a copy of the accounts which are to be audited, together with all books, deeds, contracts, accounts, bills, vouchers, and receipts mentioned or referred to in such accounts, to be deposited in the office of the town clerk, or other proper officer, of every such town, and the same shall be open, during office hours thereat, to the inspection of all persons interested for seven days before the audit; and all such persons shall be at liberty to take copies of or extracts from the same without fee or reward, and the production of the newspaper containing such notice shall be deemed to be sufficient proof of the notice of audit on any proceeding whatever.<\/p>\n<h4>Publication of accounts.<\/h4>\n<p>18. Within fourteen days after the completion of the audit of the accounts of any town the auditor shall report upon the accounts audited and examined, and shall deliver or transmit such report, with an abstract of the accounts, to the Chief Secretary, and a copy of the same to the governing body of such town, and the said governing body shall cause the same to be deposited in the office of the town clerk, or other proper officer, of such town, and shall publish an abstract of such accounts in some one or more of the newspapers circulated in the district in which such town is situate.<\/p>\n<p>[S. 19 rep. 41 &amp; 42 Vict. c. 52. s. 294.]<\/p>\n<p>Controverted Elections<\/p>\n<p>Persons qualified to vote may petition against election.<\/p>\n<p>20. Where any person who voted or who was qualified to vote at any election of members of the governing body of any town thinks that there was, in respect of the election of any member of such governing body, any undue or unlawful proceeding, or that such member was not at the time of such election duly qualified to act as such, it shall be lawful for such person, within one month after such election, to present a petition to the court complaining of such undue or unlawful proceeding, or that such member was not duly qualified as aforesaid.<\/p>\n<p>Every such petition shall be in the prescribed form, and shall be delivered to the prescribed officer of the court.<\/p>\n<p>Every person so petitioning shall within three days after lodging such petition deliver a copy of such petition to the clerk of the governing body, and to any member of such governing body in respect of whose election such petition has been presented.<\/p>\n<p>At the time of the delivery of the petition to the prescribed officer, or within three days afterwards, security for the payment of all costs, charges, and expenses that may become payable by the petitioner\u2014<\/p>\n<p>(a.) To any person summoned as a witness on his behalf; or<\/p>\n<p>(b.) To the member whose election or return is complained of, shall be given on behalf of the person presenting the petition.<\/p>\n<p>The security shall be to an amount of one hundred pounds; it shall be given either by recognizance to be entered into by any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other.<\/p>\n<p>As soon as conveniently may be after the presenting of such petition and the giving of such security, but not sooner than ten days thereafter, the court or one of the judges thereof shall proceed to inquire into and decide upon the matters and allegations contained in such petition, and shall have power to take evidence upon oath, and to compel the attendance of witnesses, and shall have all and the same powers, jurisdiction, and authority as in other cases coming within the jurisdiction of the court, and shall either confirm the election, or order a new election, or make such order and give such relief in the premises as to them or him may seem right, and such decision and orders shall in all respects be final and conclusive upon all parties.<\/p>\n<p>Where the court or judge his declared that the election of any member of the governing body of any town was void, such member shall cease to act as such, and there shall be a vacancy in such governing body, which vacancy shall be filled by the election of a new member by the persons qualified to vote at such election, according to the provisions of the special Act in respect of the election of members.<\/p>\n<h4>Rules to be made by court.<\/h4>\n<p>21. The court may from time to time make, and may from time to time revoke and alter, general rules and orders for the regulation of the practice, procedure, and cost of petitions under the authority of this part of this Act, and the trial thereof.<\/p>\n<p>Any general rules and orders made as aforesaid shall be deemed to be within the powers conferred by this part of this Act, and shall be of the same force as if they were enacted in the body of this part of this Act.<\/p>\n<p>Any general rules and orders made in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament.<\/p>\n<p>[Ss. 22, 23 rep. 41 &amp; 42 Vict. c. 52. s. 294.]<\/p>\n<p>Part II.<\/p>\n<p>Additional and Special Provisions.<\/p>\n<p>Relating to the Local Government of Towns under the Principal Act or under special Acts incorporating said Act, in whole or in part.<\/p>\n<h4>Construction.<\/h4>\n<p>24. The principal Act,[1] so far as not inconsistent with this part of this Act, and this Act shall be construed together as one Act.<\/p>\n<p>On adoption of principal Act in municipal boroughs, property of corporation to vest in commissioners.<\/p>\n<p>3 &amp; 4 Vict. c. 108.<\/p>\n<p>25. When in any borough in which under the provisions of the Municipal Corporations (Ireland) Act, 1840, there are municipal commissioners acting in the execution of the said Act, the commissioners are elected under the provisions of the principal Act, then all the real and personal estate of such municipal commissioners, and any accumulation thereof, shall, forthwith without any conveyance thereof, vest in the commissioners elected under the provisions of the principal Act, and when such estate and accumulation have so vested in such commissioners the same shall be applied by such commissioners in aid of the rates to be levied by them under the principal Act, and the surplus thereof, if any, shall be applied by them for the public benefit of the inhabitants, and improvement of the borough.<\/p>\n<p>[S. 26 rep. 46 &amp; 47 Vict. c. 39. (S.L.R.)]<\/p>\n<p>Alphabetical list of persons entitled to vote.<\/p>\n<p>27. The clerk to the commissioners, at least fifteen days before the day appointed for the annual election of commissioners in each year, shall make out an alphabetical list of the names of all persons, with their respective residences, entitled to vote at such election in respect of premises within the town as they appear in the rates made for the purposes of the principal Act, and also of all persons entitled to vote at such election in respect of property within the town.<\/p>\n<p>Such list shall be evidence that the persons therein named are entitled to vote at the next annual election for commissioners, and also at any other election for one or more commissioners which may be held before the next annual list is made out.<\/p>\n<p>The clerk to the commissioners shall forthwith cause to be printed copies of the list to be made out by him in every year as aforesaid, and shall deliver a copy of such list to all persons requiring the same, on the payment of the sum of one shilling for each copy, and shall cause a copy of such list to be fixed on or near the outer door of the office of the commissioners, and in some other public and conspicuous situation within the town, on every day during the ten days next preceding the day appointed for the election of the commissioners in each year.<\/p>\n<p>[S. 28 rep. 41 &amp; 42 Vict. c. 52. s. 294.]<\/p>\n<p>Appeal against Rating.<\/p>\n<h4>Appeals against rates, &amp;c. and orders thereon.<\/h4>\n<p>29. If any person finds himself aggrieved by any rate made by commissioners acting under the principal Act, or any special Act incorporating the said Act in whole or in part, or has any material objection to any person being put in or left out of such rate, or to the sum charged on any person therein, it shall be lawful for such person to appeal to any sessions of the peace to be held in the presence of the chairman of the county in which such commissioners have jurisdiction, within four calendar months next after the cause of such complaint shall have arisen; or if such sessions shall be held before the expiration of one calendar month next after such cause of complaint, then such appeal shall be made to the next following sessions.<\/p>\n<p>The chairman before whom such appeal shall be brought shall have power to hear and finally determine the matter of any appeal brought before him under this Act, and shall make such order therein as to him shall seem meet, which order shall be final and conclusive upon all parties; and he shall have power to order the name of any person interested or concerned in the event of such appeal, and having had notice thereof, as herein is provided, to be inserted in such rate, and to be rated at such sum or sums of money, or to order the name of any such person to be struck out of such rate, or the sum or sums at which any such person is rated therein to be altered, as the said chairman shall think right: Provided always, that the chairman to whom such appeal shall be made shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal, nor alter any such rate with respect to other persons or matter than are mentioned and specified in the notice of appeal; but if upon an appeal from the whole of any rate it shall be found necessary to quash or set aside the same, the chairman shall quash the same, and shall in that case order the governing body to make a new rate, and they are hereby required to make the same accordingly.<\/p>\n<p>If upon the hearing of any appeal from any rate under this Act, the chairman shall order the name of any person to be struck out of such rate, or the sum or sums rated on any person to be decreased or lowered, and if it shall be made to appear to the chairman that such person hath previously to the hearing of such appeal paid any sum or sums of money in consequence of such rate which he ought not to have been charged with, then and in every such case the chairman shall order all and every such sum or sums of money to be repaid by the said governing body, together with all reasonable costs, charges, and expenses occasioned by such person having been required to pay the same, to be recovered as penalties and forfeitures under this Act, in virtue of the provisions of which such rate shall have been made.<\/p>\n<p>The person so appealing shall give or cause to be given at least fourteen days notice in writing of his or their intention of appealing as aforesaid, and of the matter or cause thereof, to the clerk of the commissioners, and the chairman upon the hearing of such appeal shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal; and if any person shall appeal against a rate because any other person is rated therein at any greater or less sum than the net annual value of the hereditaments in respect of which such other person shall be rated, or for any cause that shall require any alteration to be made in such rates with respect to any other person, then and in every such case the person so appealing shall give such notice of appeal as aforesaid not only to the said clerk, but also to every other person so interested or concerned in the event of such appeal, and every such other person shall if he so desire be heard upon such appeal.<\/p>\n<p>Notwithstanding any such appeal or notice thereof, every rate shall be payable and shall be levied as if no appeal had been made until such rate shall be actually quashed or amended.<\/p>\n<p>The chairman, upon hearing and finally determining the matter of any appeal, shall and may, according to his discretion, award such costs to the party appealing or appealed against as he shall think proper; and his determination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever.<\/p>\n<p>Amendment of 17 &amp; 18 Vict. c. 103. to be in force on commencement of this Act.<\/p>\n<p>30. The provisions of the principal Act which are herein-before amended shall, as amended by this part of this Act, be in force in every town or township in which the said provisions were adopted, or in which, under any special Act, the same or any of them, or any modification or amendment of the same were in force prior to the commencement of this Act: Provided always, that where in any such special Act there are contained provisions for effecting the same or similar objects, the commissioners acting in execution of the said special Act may, with the consent of two thirds of their number, continue to proceed under the provisions of such special Act.<\/p>\n<p>[Ss. 31, 32, and Sched. rep. 41 &amp; 42 Vict. c. 52. s. 294.]<\/p>\n<p>[1 Short title, \u201cThe Local Government (Ireland) Act, 1871.\u201d See 59 &amp; 60 Vict. c. 14.]<\/p>\n<p>[1 i.e., the Towns Improvement (Ireland) Act, 1854, 17 &amp; 18 Vict. c. 103.]<\/p>\n<h2>LOCAL GOVERNMENT (IRELAND) ACT 1898<\/h2>\n<p>CHAPTER XXXVII.<\/p>\n<p>An Act for amending the Law relating to Local Government in Ireland, and for other purposes connected therewith.[1] [12th August 1898.]<\/p>\n<p>Part I.<\/p>\n<h4>County Councils.<\/h4>\n<p>Constitution.<\/p>\n<p>Establishment of county councils.<\/p>\n<p>1. A council shall be established in every administrative county, and be entrusted with the management of the administrative and financial business of that county, and shall consist of a chairman and councillors.<\/p>\n<p>Election and qualification of councillors.<\/p>\n<p>2.\u2014(1) The councillors of a county shall (subject to the provisions herein-after contained with respect to additional members) be elected by the local government electors for the county.<\/p>\n<p>(2) The councillors shall hold office for a term of three years and shall then retire together, and their places shall be filled by a new election.<\/p>\n<p>(3) The number of councillors and the divisions in every county for their election (in this Act referred to as county electoral divisions) shall be those provided by an order of the Local Government Board made before the first day of January next after the passing of this Act, subject. . . . to alteration in manner provided in pursuance of this Act:<\/p>\n<p>Provided that\u2014<\/p>\n<p>(a) One councillor only shall be elected for each county electoral division except where an urban district forming one such division returns more than one councillor; and<\/p>\n<p>(b) The county electoral divisions shall be arranged with a view to the population of each division being, so nearly as conveniently may be, equal, regard being had to a proper representation both of the rural and urban population, and to the distribution and pursuits of such population, and to the last published census for the time being, and to evidence of any considerable change of population since such census.<\/p>\n<p>(4) At an election for a county, each elector may give in a county electoral division one vote and no more, or in case of an urban district forming one county electoral division and returning more than one councillor, one vote and no more for each of any number of persons not exceeding the number of councillors to be elected for that division, and shall not vote at the same election in more than one county electoral division of the county.<\/p>\n<p>(5) A person shall not be qualified to be elected or to be a councillor for a county, unless he is a local government elector for such county.<\/p>\n<p>Additional members and chairman and vice-chairman of county council, and constitution of chairman as justice.<\/p>\n<p>3.\u2014(1) The chairman of every rural district council (established under this Act) within the county shall, by virtue of his office, be an additional member of the county council, but if such chairman is otherwise a member, or is disqualified for election as a member, of the county council, the district council may assign one of their number who is not so disqualified to take during the term of office of that chairman the place of the chairman as additional member of the county council.<\/p>\n<p>(2) The county council may choose from persons qualified to be councillors one or two persons who shall be additional councillors during the term of office of the council by whom the choice is made.<\/p>\n<p>(3) The first business of the council after any triennial election shall be the consideration of the question of choosing additional councillors.<\/p>\n<p>(4) The county council may annually choose a chairman, and if they think fit a vice-chairman, from among the councillors, and the chairman, subject as hereafter provided by this Act, shall, during the term of and by virtue of his office, be a justice of the peace for the county, but before acting as such justice he shall, if he has not already done so, take the oaths required by law to be taken by a justice.<\/p>\n<p>Powers of County Councils and County Court.<\/p>\n<h4>Transfer to county council of business of grand jury and county at large presentment sessions.<\/h4>\n<p>4.\u2014(1) Subject to the provisions of this Act, there shall be transferred to the council of each county all the business of the grand jury not excepted by this section, and all the business of the county at large presentment sessions; and the county council for the purpose of such business shall, save that any fiat or other sanction of a judge shall not be required, have the powers and duties of the grand jury and the said presentment sessions in connexion with the said business, and also such further powers and duties as are conferred on them by or in pursuance of this Act, or as may be necessary for conducting, as an administrative body, the business hereby transferred.<\/p>\n<p>(2) Nothing in this Act shall transfer to a county council or a member thereof\u2014<\/p>\n<p>(a) any business relating to bills of indictment or any business of the grand jury at common law relating to crime; or<\/p>\n<p>(b) any business by this Act transferred to the county court; or<\/p>\n<p>(c) any power to appoint a visiting committee for a prison.<\/p>\n<p>Transfer to county court of grand jury business respecting compensation for criminal injuries and amendment of law respecting such compensation.<\/p>\n<p>6 &amp; 7 Will. 4. c. 116.<\/p>\n<p>24 &amp; 25 Vict. c. 97.<\/p>\n<p>6 &amp; 7 Will. 4. c. 116.<\/p>\n<p>14 &amp; 15 Vict. c. 57.<\/p>\n<p>52 &amp; 53 Vict. c. 48.<\/p>\n<p>5.\u2014(1) There shall be transferred to the county court the business of any presentment sessions and grand jury in relation to compensation for criminal injuries, that is to say, compensation under the enactments mentioned in Part One of the First Schedule to this Act, and of those enactments section one hundred and thirty-five and the following sections of the Grand Juries Act, 1836, so far as unrepealed, shall extend to the case of maliciously setting fire to, destroying, or injuring property of any description, whether real, or personal, in like manner as they apply to the setting fire to, injuring, or destroying the particular descriptions of property specified in the first-mentioned section: Provided that this Act shall not extend the application of the said sections to any case except where the malicious act done was a crime punishable on indictment under the Malicious Damage Act, 1861.<\/p>\n<p>(2) Upon an application for such compensation, the county court may either refuse the application, or make a decree against the county council, and, if the decree is made, shall have the power of a judge of assize under section one hundred and forty of the Grand Juries Act, 1836, with respect to the apportionment of the compensation.<\/p>\n<p>(3) Any person claiming compensation in a county may apply to the county court, and the council for the county and the council for the district in or within one mile from the boundary of which county or district the injury is alleged to have been committed, and also any person paying poor rate in that county may, as well as the applicant, appear and be heard by the county court in relation to the application.<\/p>\n<p>(4) Any person or council who appeared, or though not actually appearing was entitled to appear, before the county court in relation to such application, and also, where the area off which the compensation awarded is to be levied is less than the whole county, the council for any county district comprising all or any part of that area, may, if aggrieved by the refusal or decree of the county court, appeal to the judge of assize, and, subject to this Act and to rules of court, the County Courts (Ireland) Acts, 1851 to 1889, shall, except in so far as they require security to be given, apply in like manner as in the case of any other appeal; and the judge may vary the decree in respect of the area off which the compensation is to be levied as well as in respect of other matters.<\/p>\n<p>(5) The judge of assize upon any such appeal shall, in addition to any other power, have power if he thinks fit to empanel a jury to try any issue of fact arising on the appeal, and such jury shall, if any party to the proceedings so requires, be a special jury.<\/p>\n<p>(6) The county court and judge of assize respectively may award costs to or against any party to any proceedings under this section.<\/p>\n<p>(7) Rules of court may regulate the practice and procedure under this section, including costs, and the service of all preliminary notices, and the time within which any proceedings are to be had or taken; and in particular such rules shall provide that non-compliance with any of the rules shall not render any proceedings void unless the court or judge of assize so direct, but the time may be extended and the proceedings may be set aside either wholly or in part, or be amended or otherwise dealt with, in such manner and upon such terms as the court or judge may think just.<\/p>\n<p>(8) Save so far as fees are taken by an existing clerk of the peace for his own use, court fees shall not be payable in any proceedings in the county court under this section.<\/p>\n<p>(9) The enactments mentioned in Part One of the First Schedule to this Act and this section shall extend to the whole of Ireland so far as they do not already so extend.<\/p>\n<h4>Transfer to county council of business of boards of guardians as to poor rate, cattle diseases and explosives.<\/h4>\n<p>57 &amp; 58 Vict. c. 57.<\/p>\n<p>40 &amp; 41 Vict. c. 68.<\/p>\n<p>38 &amp; 39 Vict. c. 17.<\/p>\n<p>6. There shall be transferred to the council of each county\u2014<\/p>\n<p>(a) the business of the guardians with respect to making, levying, collecting, and recovering the poor rate in so much of the county as is not comprised in an urban county district;<\/p>\n<p>(b) the business of the guardians as local authority under the Diseases of Animals Act, 1894, and the Destructive Insects Act, 1877; and<\/p>\n<p>(c) the business of the justices in petty sessions under the Explosives Act, 1875, except the power to appoint any officer, which power shall cease.<\/p>\n<h4>Powers of county council as to technical instruction.<\/h4>\n<p>52 &amp; 53 Vict. c. 76.<\/p>\n<p>54 &amp; 55 Vict. c. 4.<\/p>\n<p>7. The council of a county shall be a local authority within the meaning of the Technical Instruction Acts, 1889 and 1891; but this section shall not prevent any other local authority under the said Acts from acting concurrently with the county council, if that authority act in accordance with any general scheme framed by the council, or otherwise with the consent of the council:<\/p>\n<p>Provided that\u2014<\/p>\n<p>(a) The rate levied under the said Acts by such authority shall not, when combined with the rate levied thereunder by the county council, exceed the limit thereby authorised; and<\/p>\n<p>(b) Nothing in this section contained shall affect any scheme for technical or manual instruction instituted or made by any local authority before the passing of this Act, or the continued payment after the passing of this Act of any aid in pursuance of such scheme by such authority.<\/p>\n<h4>Expenses and determination by county council of main roads.<\/h4>\n<p>8.\u2014(1) One half of the expenses of the maintenance of any main road shall be levied off the administrative county, and the other half off the county districts in which the road is situate.<\/p>\n<p>(2) Every road the expense of the maintenance of which at the passing of this Act is levied partly or wholly off the county at large shall be a main road until it ceases so to be as hereinafter provided, and the enactments respecting mail roads shall be repealed.<\/p>\n<p>(3) The council of each county may, upon the report of the county surveyor, make a general declaration declaring what roads in the county shall be main roads, and any road not mentioned in such declaration shall cease to be a main road; and at any time after the end of five years, the council may, if they think fit, reconsider the declaration and make a new declaration, and so on at intervals of not less than five years.<\/p>\n<p>(4) The county council may declare a proposed new road to be a main road, subject to reconsideration at any time at which the council reconsider any general declaration, and the cost of and incidental to the making of such road shall be levied in like manner as its maintenance.<\/p>\n<p>(5) A declaration, whether a general declaration or a declaration respecting a new road, shall at first be a provisional declaration, and shall be communicated by the county council to each district council in the county in the prescribed manner.<\/p>\n<p>(6) After the prescribed time, and after considering any representations which may meantime have been submitted either by any district council or by any person or persons claiming to be interested, the county council shall take the said provisional declaration into consideration, and may adopt the same, either in its original form or after modifying it either by way of exclusion or inclusion of roads.<\/p>\n<p>(7) The declaration, unless suspended as herein-after mentioned, shall come into operation at the date of its final adoption, or any later date specified in the declaration.<\/p>\n<p>(8) The county council shall forthwith communicate a declaration as finally adopted to every district council in the county; and any such district council, if aggrieved by the declaration or by the omission therefrom of any road, may, within the prescribed time, appeal to the Local Government Board, and that Board, after communication with the county council, may dismiss the appeal, or make any declaration which the county council could have made, and that declaration shall operate as a declaration by the council.<\/p>\n<p>(9) In the event of such an appeal, the declaration shall be suspended while the appeal is pending. A county council may also suspend a declaration as regards a portion of an old road situate in any county district, until the council of the district have proposed the expenditure of sufficient money for placing that portion in proper repair and condition to the satisfaction of the county council.<\/p>\n<p>(10) A declaration, suspended while an appeal is pending, which afterwards becomes operative, shall operate as from the date when originally made, or any later date which may be fixed by the Local Government Board on the appeal.<\/p>\n<p>(11) This section shall apply to so much of any main or other road as is situate within an urban county district.<\/p>\n<p>(12) Nothing in this section shall be held to prevent the whole or a greater proportion than one-half off the expenses of the maintenance of any road heretofore leviable wholly off the county at large, or of the expenses of the maintenance or construction of any bridge, from being levied off the county at large.<\/p>\n<p>Provision and management of lunatic asylums.<\/p>\n<p>38 &amp; 39 Vict. c. 67.<\/p>\n<p>9.\u2014(1) It shall be the duty of the council of every county to provide and maintain sufficient accommodation for the lunatic poor in that county in accordance with the Lunatic Asylum Acts, and if it appears to the Lord Lieutenant that any council fail to perform such duty, he may order that council to remedy the failure within the time and in the manner (if any) specified in the order.<\/p>\n<p>(2) The duties of the council under this section shall be exercised through a committee appointed by them, and if the Lord Lieutenant fixes a number of the number so fixed; and out of that committee a number not exceeding one-fourth may be persons not members of the council.<\/p>\n<p>(3) There shall be transferred to the council, acting through that committee, the business of the governors and directors of the asylum under the Lunatic Asylum Acts, and the committee, subject to the general control of the council as respects finance, may act without their acts being confirmed by the council.<\/p>\n<p>(4) Plans or contracts for the purchase of land or buildings, or for the erection, restoration, or enlargement of buildings, shall not be carried into effect until approved by the Lord Lieutenant.<\/p>\n<p>(5) The county council, through the said committee, shall properly manage and maintain every lunatic asylum for their county; and subject to the provisions of this Act, may appoint and remove the officers of the asylum and regulate the expenditure. . . . .<\/p>\n<p>(6) The county council, through the said committee, may, and if required by the Lord Lieutenant shall, make regulations respecting the government and management of every lunatic asylum for their county, and the admission, detention, and discharge of lunatics, and the conditions as to payment and accommodation under which private patients may be admitted into and detained in the asylum, and the regulations when approved by the Lord Lieutenant with or without modifications shall have full effect, and shall have the same effect for the purposes of the fourth section of the Lunatic Asylums (Ireland) Act, 1875, as if made by the Lord Lieutenant and Privy Council.<\/p>\n<p>(7) Where a district for a lunatic asylum comprises two or more counties, this section shall apply with the necessary modifications to those counties and to the councils thereof; and the expenses shall be defrayed by the several counties in proportion to the number of lunatics from each county according to the average of the three local financial years which ended next before the last triennial election of county councillors; and the committee for the asylum shall be a joint committee of the councils of the counties, with a representation of each council (determined in case of dispute by the Lord Lieutenant) in the same proportion as that in which the expenses are defrayed.<\/p>\n<p>(8) Where a county council fail or refuse to provide funds for any object approved by any such joint committee, the joint committee may, except where the majority of the county councils represented on such joint committee so fail or refuse, appeal to the Lord Lieutenant, and the said county council shall comply with any order made by the Lord Lieutenant upon that appeal.<\/p>\n<p>(9) Proceedings had or taken by any such joint committee shall be had or taken in the names of the said councils jointly, and proceedings had or taken against any such joint committee shall be had or taken against such councils jointly.<\/p>\n<h4>Powers of county council as to acquisition of land or easements.<\/h4>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>48 &amp; 49 Vict. c. 77.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>10.\u2014(1) A county council, for the purpose of [1] any of their powers and duties, may acquire, purchase, take on lease or exchange, any land or any easements or rights over or in land, whether within or without their county, including rights to water, and may acquire, hire, erect, and furnish such halls, buildings, and offices as they require, whether within or without their county, and for the purpose of this section section two hundred and three of the Public Health Act, 1878, shall apply with the necessary modifications, and in particular with the modification that the advertisements mentioned in sub-section two of the said section may be published in any month, and that the notice mentioned in the said sub-section shall be served in the next succeeding month.<\/p>\n<p>(2) A county council shall not take or use any such land, easements, or rights, without either the consent of the owner and occupier or the authority of a provisional order duly confirmed, and where the order does not affect demesne land, it may be confirmed without the authority of Parliament in manner provided by section twelve of the Labourers (Ireland) Act, 1885, and that section and any enactment amending the same shall apply, with the necessary modifications.<\/p>\n<p>(3) Where a county council desire for the purpose of the work of widening an old road, or making a new road, to acquire otherwise than by agreement any land other than demesne land or pleasure ground or than land situate in a borough or town, they may, if they think fit, notwithstanding anything in the foregoing provisions of this section, proceed as follows, namely:\u2014<\/p>\n<p>(a) Publish such advertisement and serve such notice on the owner or reputed owner, lessee or reputed lessee, and occupier, of the land as may be prescribed by the Local Government Board, and within the prescribed time petition the judge of assize for an order authorising the council to put into force with reference to such land the powers of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement;<\/p>\n<p>(b) The judge of assize, on due proof of the prescribed advertisements having been published and prescribed notices served, shall, unless there is an application as hereinafter mentioned, make an order in accordance with the prayer of the petition;<\/p>\n<p>(c) Any person interested in the said land on whom the said notice is required as aforesaid to be served and who objects to the land being acquired by the county council, and any owner or reputed owner, lessee or reputed lessee, or occupier, of any land who alleges that such land will be injuriously affected by the said work, and also any ratepayer in the county may, within such time after the publication of the said notices as is fixed by rules of court, apply to the judge of assize to refuse the order upon the said petition, and the judge shall hear such application and determine all questions of law and fact arising thereon, and in particular the question whether the said work is of public utility, and of such importance to the public as to justify the compulsory acquisition of the land;<\/p>\n<p>(d) Any decision by the judge upon the hearing of such application, whether making or refusing the order, shall be subject to appeal by any party to the proceedings before the judge of assize to the Lord Lieutenant in Council within the time fixed by rules of court, and the appeal shall be heard by a committee of the Privy Council (which shall be styled the Judicial Committee), consisting of such members thereof as are or have been judges of the Supreme Court, who, or a quorum of whom consisting of not less than three, shall advise the Lord Lieutenant thereon;<\/p>\n<p>Provided that, with the consent of the parties, the judge of assize may state a case for the opinion of the Court of Appeal upon any question of law, and in such case no appeal shall lie to the Lord Lieutenant in Council.<\/p>\n<p>(e) The judge of assize and Lord Lieutenant in Council and the Court of Appeal may respectively award such costs to be paid by or to parties to any proceedings under this section as appear just;<\/p>\n<p>(f) Rules of court regulating the practice and procedure and costs respecting the petitions to and proceedings before the judge of assize under this section, and appeals from such judge to the Lord Lieutenant in Council, and cases stated, may be made by the authority having power to make rules of court for the Supreme Court;<\/p>\n<p>(g)[1] An order under this section granting in whole or in part the prayer of the petition, whether made by the judge of assize or by the Lord Lieutenant in Council upon appeal from that judge, shall have effect as if it were a provisional order under section two hundred and three of the Public Health Act, 1878, duly confirmed, and upon any land being taken under the order, the compensation for the same to be paid by the county council shall, in the absence of agreement, be determined by an arbitrator appointed by the Local Government Board, or if the parties so agree, be determined by the judge of assize, either with or without a jury, according to the agreement;<\/p>\n<p>(h) The foregoing provisions with respect to the acquisition of any land for the purpose of widening an old road, or making a new road, shall apply to the acquisition of any easement or right over land in like manner as if it were land.<\/p>\n<p>Powers of county council as to sudden damage to public works.<\/p>\n<p>11.\u2014(1) The council of each county shall arrange for the immediate repair of sudden damage to any public work, maintained in whole or in part at the cost of the county or any rural district, but where the expense of the repair is wholly leviable off any district and not partly off the county at large, such expense shall not exceed fifty pounds if within the prescribed time the council of the district object to any larger expenditure.<\/p>\n<p>(2) For the purposes of this section \u201crepair of sudden damage\u201d means such repair of any sudden damage to any public work, and such erection of any temporary work in place of any public work suddenly carried away or destroyed, and such collection or preservation of the materials of any damaged public work, as, subject to the general directions of the county council, the county surveyor considers cannot, without prejudice to the public, be delayed until the ordinary procedure relating to the repair of public works can be followed.<\/p>\n<p>(3) The powers of any justices and of extraordinary presentment sessions in relation to the repair of sudden damage to public works shall cease.<\/p>\n<h4>Power of county council as to purchase of quarries and machinery and obtaining materials.<\/h4>\n<p>6 &amp; 7 Will. 4. c. 116.<\/p>\n<p>12.\u2014(1) The county council, without prejudice to the power under section one hundred and sixty-two of the Grand Juries Act, 1836, or any other enactment, may, for the purpose of the maintenance of the roads in their county, whether main or other roads, acquire, purchase, take on lease, or exchange any land from which materials may be got for the repair of such roads, and may purchase or hire any steam roller, scarifier, or other machine, and may place at the disposal of the persons contracting for the repair of the roads materials from the said land, and the use of the said steam roller, scarifier, or other machine, upon such reasonable terms as may be agreed upon.<\/p>\n<p>(2) Section one hundred and sixty-two of the Grand Juries Act, 1836 (which relates to the power to obtain gravel, stone, sand, or other materials), shall extend to authorise the digging for, raising, and carrying away of gravel, stone, sand, or other materials, out of any river or brook at a distance of at least a hundred and fifty feet above or below any bridge, dam, or weir, where the same can be taken away without diverting or interrupting the course of the river or brook, or prejudicing or damaging any building, highway, ford, or spawning-bed.<\/p>\n<p>Powers of county council as to exceptional distress.<\/p>\n<p>25 &amp; 26 Vict. c. 83.<\/p>\n<p>13.\u2014(1) Where the guardians of any union satisfy the council of a county that exceptional distress exists in some district electoral division situate both in the union and in the county, and the council apply to the Local Government Board, that Board may, if they think fit, by order authorise the guardians, subject to the prescribed conditions, to administer relief out of the workhouse for any time not exceeding two months from the date of the order to poor persons of any description resident in the said electoral division, and may revoke any such order either wholly or partly or with reference to any particular class of persons.<\/p>\n<p>(2) Section two of the Poor Relief (Ireland) Act, 1862 (which excludes an occupier of more than a quarter of an acre from being relieved otherwise than in the workhouse), shall not apply as regards relief given under this section.<\/p>\n<p>(3) One half of any expenditure incurred in pursuance of an order under this section shall be levied off the county at large (so, however, that the total amount of such expenditure levied off the county at large in any one year shall not exceed a sum equal to threepence in the pound on the rateable value of the county), and the council of the county may nominate one of their members who shall be an additional member of the board of guardians for the period fixed by the order.<\/p>\n<p>(4) The guardians may, with the consent of the Local Government Board, obtain for the purpose of this section temporary advances of such amount and for such period and repayable in such manner as that Board may sanction, and may mortgage their property and funds to secure such advances.<\/p>\n<h4>Powers of county council as to appointment of coroners and coroners\u2019 districts and provision as to removal, salary, and qualification of coroner.<\/h4>\n<p>14.\u2014(1) . . . . On a vacancy in the office of a coroner for a county the county council shall within one month after the vacancy, or such further time not exceeding three months after the vacancy as the Lord Chancellor may allow, appoint a qualified person to the office, and if the county is divided into coroners\u2019 districts assign him a district.<\/p>\n<p>(2) The county council may alter the coroners\u2019 districts, and the enactments respecting those districts shall apply as if the county council were the justices assembled in special sessions for that purpose under the direction of the Lord Lieutenant, and the secretary of the county council were the clerk of the peace . . . .<\/p>\n<p>(3) The Lord Chancellor may, if he thinks fit, remove any coroner for a county from his office for inability or misbehaviour in the discharge of his duty.<\/p>\n<p>(4) The writ de coronatore eligendo need not be issued, but neither the omission to issue that writ nor anything else in this section shall alter the jurisdiction of the Lord Chancellor, or the High Court or a judge of assize, in relation to the removal of a coroner otherwise than in manner provided by this Act, or in relation to ordering a new election of a coroner.<\/p>\n<p>(5) A person who is a coroner for a county shall not be qualified to be elected, or to be, a county or district councillor in that county.<\/p>\n<p>(6) The salary of every coroner shall be in lieu of all sums which otherwise would be payable to him for fees, mileage, and allowances, and shall be fixed with the approval of the Local Government Board by the county or borough council by whom the salary is payable, or in default of the same being so fixed then by the Local Government Board, and shall not be subject to increase or diminution during his tenure of office.<\/p>\n<p>Provided that\u2014<\/p>\n<p>(a) nothing in this section shall deprive the coroner of the right to be repaid expenses and disbursements lawfully paid by him on the holding of any inquest; and<\/p>\n<p>(b) the salary of any existing coroner shall not be less than the average annual net receipts of such coroner from his office of coroner during the five years next before the passing of this Act.<\/p>\n<p>(7) So much of any Act as requires that a coroner shall possess a property qualification shall be and the same is hereby repealed.<\/p>\n<p>Power of county councils as to county infirmaries and fever hospitals.<\/p>\n<p>6 &amp; 7 Will. 4. c. 116.<\/p>\n<p>59 &amp; 60 Vict. c. xxii.<\/p>\n<p>15.\u2014(1) A county council shall annually contribute towards any county infirmary or fever hospital which is situate in their county or to which, though situate elsewhere, they are by statute empowered to contribute, and to any officer thereof, a sum not less than was so contributed out of the county cess in the standard financial year, or any less minimum which the Local Government Board sanction.<\/p>\n<p>(2) Every such county infirmary shall be managed, and the admission of patients thereto controlled, by a joint committee appointed triennially, consisting of such number of members of the corporation of the \u201cgovernor or governesses of the infirmary\u201d appointed by the corporation, and of such number of members of the county council or other persons appointed by the council, as the Local Government Board from time to time fix in the case of each infirmary, having regard as well to the proportion of the contribution out of the county cess or the poor rate towards the building and maintenance of the infirmary as to all the other circumstances of the case; and all powers vested in the corporation in relation to the infirmary shall be exercised only by the said committee; and every member of the committee shall have the same power of recommendation as a governor.<\/p>\n<p>(3) Where the councils of two or more counties contribute to the same county infirmary, each of those councils shall be represented on the said committee.<\/p>\n<p>(4) The foregoing provisions with respect to the management of a county infirmary shall extend to every fever hospital which is vested in the corporation of the \u201cpresident and assistants of the hospital.\u201d<\/p>\n<p>(5) Where a county infirmary or fever hospital is under the management of a governing body other than such corporation as above mentioned, the foregoing provisions of this section shall apply, with the necessary modifications, in like manner as if the governing body were the said corporation.<\/p>\n<p>(6) A county council may, if they think fit, contribute towards the rebuilding or enlargement or erection on a new site of any county infirmary (whether such rebuilding, enlargement, or erection takes place after the passing of this Act, or is in course of completion at that passing), or towards the re-opening of a closed county infirmary, a sum not exceeding in the whole one-third of the sums actually received from private donations or subscriptions for such rebuilding, enlargement, erection, or re-opening, and the foregoing provisions with respect to the management of the infirmary shall apply accordingly.<\/p>\n<p>(7) Where the boundary of a county for which an infirmary ar hospital has been provided is altered by or in pursuance of this Act, or where part of any such county is constituted a county borough, the contribution to be made to such infirmary or hospital shall be a subject of adjustment, and the Local Government Board in making such adjustment may provide for the representation of the council of any contributing county upon the said committee.<\/p>\n<p>(8) Nothing in this Act shall deprive any existing officer of any infirmary or hospital to which this section applies of any privileges enjoyed by him under any Act, and such officer shall not be removed from his office except with the consent of the Local Government Board, but, subject as aforesaid, every officer of the hospital or infirmary may be appointed and removed by the committee appointed under this section.<\/p>\n<p>(9) Any county council may, notwithstanding anything in any other Act, contribute to any such county infirmary or fever hospital as above in this section mentioned any amount [1] not exceeding the amount in that behalf mentioned in the Grand Juries Act, 1836.<\/p>\n<p>(10) Any county councils may agree for the contribution by one council to the county infirmary or fever hospital of the other council, on such conditions as to the admission to the infirmary or hospital of patients from the county of the contributing council, and the representation of that council on the committee for managing the infirmary or hospital, as may be agreed upon. And in the case of the county of Cork the county council may contribute a portion of the amount mentioned in subsection nine of this section towards the maintenance of the North Cork Infirmary situate in the city of Cork upon such terms and conditions, and subject to such restrictions, as may be determined upon by the councils of the county of Cork and county borough of Cork.<\/p>\n<p>(11) No ecclesiastical person shall in right of his dignity or office be entitled to be a governor or trustee of any such infirmary or fever hospital as aforesaid.<\/p>\n<p>(12) This section shall not apply to the Waterford City and County Infirmary as regulated by the Waterford Infirmary Act, 1896.<\/p>\n<p>[Sub-s. (13) rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<h4>Power of county council to make byelaws.<\/h4>\n<p>3 &amp; 4 Vict. c. 108.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>16.\u2014(1) A county council shall have the same power of making byelaws in relation to their county, or to any specified part or parts thereof, as the council of a borough have of making byelaws in relation to their borough under sections one hundred and twenty-five to one hundred and twenty-seven of the Municipal Corporations (Ireland) Act, 1840, and section two hundred and twenty-four of the Public Health Act, 1878, shall apply to such byelaws.<\/p>\n<p>(2) Provided that byelaws made under this section shall not be of any force or effect within any borough.<\/p>\n<p>Power of county council as to opposing Bills in Parliament and legal proceedings.<\/p>\n<p>51 &amp; 52 Vict. c. 53.<\/p>\n<p>17. The council of a county shall have the same powers of opposing Bills in Parliament and of prosecuting and defending legal proceedings necessary for the promotion or protection of the interests of the inhabitants of the county, or any part thereof, as are conferred on the governing body in any district by the Borough Funds (Ireland) Act, 1888; and that Act shall extend to a county council as if they were a \u201cgoverning body\u201d and the county were their district; provided that\u2014<\/p>\n<p>(a) no approval of voters shall be required for any proceedings under this section; and<\/p>\n<p>(b) this section shall not empower a county council to promote any Bill in Parliament, or to incur or raise any expenses in relation to such promotion.<\/p>\n<p>As to marine works constructed by Congested Districts Board or Board of Works or at county expense.<\/p>\n<p>52 &amp; 60 Vict. c. 34.<\/p>\n<p>6 &amp; 7 Will. 4. c. 116.<\/p>\n<p>9 &amp; 10 Vict. c. 3.<\/p>\n<p>16 &amp; 17 Vict. c. 136.<\/p>\n<p>18.\u2014(1) The council of any county may, if they think fit, agree with the Congested Districts Board for Ireland to take over from that board any marine work in the county constructed or acquired by such board, and agree with the Commissioners of Public Works in Ireland to take over any marine work constructed or acquired by those Commissioners under the Railways (Ireland) Act, 1896, and upon any such agreement the work shall become the public property of the county, subject nevertheless to the payment of compensation to any person other than the Congested Districts Board or the said Commissioners in like manner as if the same had been taken by the county council under the authority of a Provisional Order duly confirmed in pursuance of this Act.<\/p>\n<p>(2) Where any marine work becomes vested in a county council under this section, or is or becomes public property under section sixty-eight of the Grand Juries Act, 1836, the provisions of the Fisheries (Ireland) Act, 1846, and the Grand Juries Act, 1853, relative to maintenance and repair, and to tolls and rates, and to byelaws, rates, orders, and regulations, and otherwise, shall apply to such work as if it had been constructed by the Commissioners of Public Works under the said Act of 1846, and become the public property of the county under the said Act of 1853.<\/p>\n<p>(3) The provisions of the said Acts and of this section respecting maintenance and repair shall extend to reconstruction according to the original or any new plan.<\/p>\n<p>(4) For the purposes of this section, \u201cmarine work\u201d means any harbour, dock, pier, quay, wharf, beacon, light, or other similar work, and includes the approaches to any marine work as above defined, and all land and property used in connexion therewith.<\/p>\n<h4>Powers of county council as to ancient monuments.<\/h4>\n<p>45 &amp; 46 Vict. c. 73.<\/p>\n<p>55 &amp; 56 Vict. c. 46.<\/p>\n<p>19.\u2014(1) Where any ancient monuments or remains within the meaning of this section are being dilapidated, injured, or endangered, the county surveyor of any county shall report the same to the county council, and a county council may prosecute for any penalty under section six of the Ancient Monuments Protection Act, 1882.<\/p>\n<p>(2)[1] The provisions of section eleven of the said Act (defining \u201cancient monuments to which this Act applies\u201d) and section one of the Ancient Monuments Protection (Ireland) Act, 1892, shall have effect as if they were herein re-enacted, with the substitution of \u201ccounty council\u201d for \u201cCommissioners of Works\u201d; but this enactment shall be in addition to and not in derogation of the existing provisions of the said sections as respects the Commissioners of Works.<\/p>\n<h4>Power to transfer to county council powers of local bodies.<\/h4>\n<p>20.\u2014(1) The Local Government Board may, with the consent of the board or body affected, make a provisional order for transferring to a county council business arising in their county under any Act of any drainage board, or other public body corporate or unincorporate (not being a district council or the commissioners of a town or a board of guardians), and where it appears to the Local Government Board that there are no persons capable of acting as such board or body, the order may be made without the consent of the board or body, and each order shall make such exceptions and modifications and also such provisions for carrying into effect the transfer as appear necessary or expedient.<\/p>\n<p>(2) Any such business, if arising within two or more counties, may be transferred to the councils of those counties jointly, and be administered by a joint committee with a representation of each council, to be determined in case of dispute by the Lord Lieutenant.<\/p>\n<h4>County Boroughs.<\/h4>\n<p>Constitution of and application of Act to county boroughs.<\/p>\n<p>51 &amp; 52 Vict. c. 53.<\/p>\n<p>21.\u2014(1) Each of the boroughs mentioned in the Second Schedule to this Act shall be an administrative county of itself, and be called a county borough.<\/p>\n<p>(2) The mayor, aldermen, and burgesses of each county borough acting by the council shall, subject as in this Act mentioned, have the powers and duties of a county council under this Act and the powers of baronial presentment sessions in so far as they have not the same already, and the provisions of this Act with respect to administrative counties shall, so far as circumstances admit, apply in the case of every such borough with the necessary modifications, subject as follows:\u2014<\/p>\n<p>(a) The local government register of electors shall be the burgess roll, and persons registered therein and no others shall be the burgesses, and the provisions made by or in pursuance of this Act respecting the qualification and mode of election of councillors shall extend as well to the aldermen as to the councillors of a county borough, but, save as aforesaid or as expressly provided by this Act, the provisions so made with respect to the constitution, number, duration of office, or chairman, of the county council shall not apply:<\/p>\n<p>Provided that the Local Government Board, on request made by a resolution of the council of any such borough passed by two-thirds of the members voting on such resolution, may by order apply to the borough the provisions of this Act with respect to the duration of office of councillors, and make such incidental provisions as appear to the Board necessary or expedient for bringing such application into full effect, and in particular for making the triennial election of councillors coincide with the triennial election of a portion of the aldermen;<\/p>\n<p>(b) The provisions of this Act relating to main roads, coroners (except as to property qualification), byelaws, or the Borough Funds (Ireland) Act, 1888, shall not apply;<\/p>\n<p>(c) No approval of voters shall be necessary to enable the council of a county borough to oppose a Bill in Parliament pursuant to the provisions of the Borough Funds (Ireland) Act, 1888;<\/p>\n<p>(d) The quorum of a council of a county borough shall be one-fourth of the total number of such council;<\/p>\n<p>(e) The provisions of this Act with respect to compensation for criminal injuries shall apply, although the business has before the passing of this Act been vested in the council of a borough.<\/p>\n<p>Part II.<\/p>\n<h4>District Councils and Guardians.<\/h4>\n<p>Constitution.<\/p>\n<h4>County districts and district councils.<\/h4>\n<p>1 &amp; 2 Vict. c. 56.<\/p>\n<p>55 &amp; 56 Vict. c. 41.<\/p>\n<p>22.\u2014(1) All urban sanitary authorities shall be called urban district councils and their districts shall be called urban districts, but nothing in this section shall alter the style or title of the corporation or council of a borough.<\/p>\n<p>(2) For every rural sanitary district there shall be a rural district council, whose district shall be called a rural district.<\/p>\n<p>(3) In this and every other Act, unless the context otherwise requires, the expression \u201cdistrict council\u201d shall include the council of every urban district, whether a county or other borough or not, and of every rural district, and the expression \u201ccounty district\u201d shall include every urban district, whether a borough or not, which is not a county borough, and every rural district.<\/p>\n<p>(4) A poor law electoral division, that is to say, an electoral division within the meaning of the Poor Relief (Ireland) Acts, 1838 to 1892, shall be called a district electoral division.<\/p>\n<h4>Constitution and election of district councils in county districts.<\/h4>\n<p>23.\u2014(1) In an urban county district the members of the council of the district, other than the mayor or chairman, and if the district is divided into wards the members for each ward, shall be elected by the local government electors for the district or ward, and in a borough those electors and no other persons shall be the burgesses, and the local government register of electors shall be the burgess roll; and the provisions made by or in pursuance of this Act respecting the qualification and mode of election of councillors shall extend as well to the aldermen as to the councillors of the urban district; but, save as aforesaid or as expressly provided by this Act, there shall be no change in the constitution, number, duration of office, or chairman, of any such council:<\/p>\n<p>Provided that where one-third of the councillors of any such district are elected annually, the Local Government Board, on request made by a resolution of the council passed by two-thirds of the members voting on such resolution, may by order apply to the district the provisions of this Act with respect to the duration of office of county councillors, and make such incidental provisions as appear to the Board necessary or expedient for bringing such application into full effect, and in particular, in the case of a borough, for making the triennial election of councillors coincide with the triennial election of a portion of the aldermen.<\/p>\n<p>(2) The quorum of an urban district council shall be one-fourth of the total number of such council.<\/p>\n<p>(3) In a rural district\u2014<\/p>\n<p>(a) the district council shall consist of a chairman and councillors;<\/p>\n<p>(b) two councillors shall be elected for each district electoral division, except where the Local Government Board assign more than two councillors to a town or part of a town forming one district electoral division, and the councillors for each district electoral division shall be elected by the local government electors for that division;<\/p>\n<p>(c) at an election for the district council an elector may give in an electoral division one vote and no more for each of any number of persons not exceeding the number of councillors to be elected for the division, and shall not vote at the same election in more than one district electoral division;<\/p>\n<p>(d) the district councillors shall hold office for a term of three years, and shall then retire together, and their places shall be filled by a new election.<\/p>\n<p>(4) A person shall not be qualified to be elected, or to be, a councillor of the council of a county district unless he is a local government elector for the district, or has, during the whole of the twelve months preceding the election, resided, and continues to reside, in the district.<\/p>\n<h4>Constitution and election of guardians.<\/h4>\n<p>24. . . . . There shall be no ex-officio guardians of a union, and\u2014<\/p>\n<p>(a) in a rural district the district councillors for every district electoral division shall be the guardians for that division; and<\/p>\n<p>(b) in an urban district the guardians for any district electoral division therein shall be elected by the local government electors for that division, subject to the like provisions in the like manner and at the like time as district councillors for a rural district, and shall be qualified in the like manner and hold office for the same term as such district councillors; and<\/p>\n<p>(c) where the Local Government Board constitute any urban county district, or part thereof, or part of a county borough, a district electoral division, they may assign to that division two or more guardians; and<\/p>\n<p>(d) Each elector may give in a district electoral division one vote and no more for each of any number of persons, not exceeding the number of guardians to be elected for that division; and<\/p>\n<p>(e) an elector shall not at the same election vote for the members, whether district councillors or guardians, of a board of guardians for a union in more than one district electoral division in that union.<\/p>\n<h4>Chairman of rural district council or guardians and additional councillors and guardians.<\/h4>\n<p>25.\u2014(1) The district council of every rural district\u2014<\/p>\n<p>(a) may choose from persons qualified to be councillors of the district not more than three persons, who shall be additional councillors during the term of office of the council by whom the choice is made; and<\/p>\n<p>(b) may annually choose a chairman, and if they think fit a vice-chairman, from among the councillors.<\/p>\n<p>(2) The first business of the council after any triennial election shall be the consideration of the question of choosing additional councillors.<\/p>\n<p>(3) A person so chosen by a district council from outside their body as additional councillor shall be a member of the council, and also of the board of guardians of the union comprising the district.<\/p>\n<p>(4) Nothing in this section shall alter the power of guardians to choose their chairman and vice-chairman.<\/p>\n<p>Constitution of chairman of district council and of town commissioners as justice of the peace.<\/p>\n<p>17 &amp; 18 Vict. c. 103.<\/p>\n<p>26.\u2014(1) Where an urban or rural county district in any county contains a population, according to the last published census for the time being, exceeding five thousand, the chairman of the council for the district shall, unless a woman or personally disqualified by any Act, but subject as hereafter provided by this Act, be during the term of and by virtue of his office a justice of the peace for the county, but, except when sitting in quarter or general sessions, shall act only within the petty sessional district or districts comprising the county district, or any part of the county district.<\/p>\n<p>(2) The chairman of the council of any urban county district who is not a justice of the peace under the foregoing provisions of this section, and also the chairman of the commissioners of any town, shall, if not a woman or personally disqualified by any Act, but subject as hereafter provided by this Act, be a justice of the peace in like manner as if he had been appointed by the Lord Chancellor under section twenty-nine of the Towns Improvement (Ireland) Act, 1854.<\/p>\n<p>(3) A chairman before acting as justice under this section shall, if he has not already done so, take the oaths required by law to be taken by a justice of the peace.<\/p>\n<p>(4) The power of the Lord Chancellor under section twenty-nine of the Towns Improvement (Ireland) Act, 1854, to select a commissioner to act as justice of the peace shall cease.<\/p>\n<p>(5) This section shall apply to a borough not having a separate commission of the peace with the substitution of mayor for chairman, but shall not apply to any other borough.<\/p>\n<p>Powers of District Councils and Guardians.<\/p>\n<h4>Transfer to district councils of business of baronial presentment sessions and grand jury and extension of powers of urban district councils as to roads.<\/h4>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>27.\u2014(1) Subject to the provisions of this Act there shall be transferred\u2014<\/p>\n<p>(a) to the district council of every county district, the business of any baronial presentment sessions so far as respects their district; and<\/p>\n<p>(b) to the district council of every urban county district, so far as respects their district, the business of the grand jury of the county in relation to public works, the expense of the maintenance of which is not wholly or partly leviable off the county at large;<\/p>\n<p>but the said transfer shall only operate so far as the business is not already the business of the district council.<\/p>\n<p>(2) A county council shall not, without the consent of the Local Government Board, approve of any expenditure on roads proposed by the council of any rural district, which will cause the expenditure on the roads of the district to exceed by one-fourth the amount certified by that board to have been the average expenditure thereon during the three years next before the passing of this Act, and the Board may as respects each council consent either for a particular road or a particular year, or generally, and in the latter case may fix a new limit under this section.<\/p>\n<p>(3) An urban district council shall transact the business transferred to them by this section in the manner prescribed by general rules of the Local Government Board.<\/p>\n<p>(4) The council of every urban county district shall for the purpose of any business transferred to them from a grand jury, either by this or any other Act, or by any order made under the Public Health Act, 1878, have the same powers as respects land or easements or rights over land as a county council, and the provisions of Part I. of this Act with respect to the acquisition, purchase, taking on lease, or exchange of land, easements, or rights, or the taking or use of any land, easements, or rights by a county council, shall apply accordingly with the necessary modifications.<\/p>\n<p>(5) If the council of any urban county district, or the council of any adjoining rural district, consider that any contribution should be made by one council to the other in respect of a liability for maintaining any public work heretofore maintained out of money levied off an area comprising the whole or part of both such districts, the councils may agree upon such contribution, and in default of agreement either council may apply to the Local Government Board to order such contribution, and that Board shall deal with the application as a matter of adjustment under this Act.<\/p>\n<p>(6) The council of any urban county district may undertake the entire maintenance of any road in the district, the expenses of the maintenance of which are leviable partly off the county at large, and may so undertake upon such terms as may be agreed upon, or in default of agreement be fixed by an order of the Local Government Board.<\/p>\n<p>(7) Where an order of the Local Government Board, under the foregoing provisions, deals with an application to order any contribution or fixes the terms of an undertaking, and within three months after the order the Board receive a petition against it from either council affected, or from at least one-fourth of the local government electors of any district or county affected, the order shall be provisional only, and a certificate of the Local Government Board that no such petition has been received, and that the order has taken effect, shall be conclusive evidence of those facts.<\/p>\n<p>(8) Nothing in this section or in the provisions of this Act with respect to main roads shall, save as respects the alteration of financial relations in Part Four of this Act mentioned, affect the provisions of any local Act, or any Provisional Order confirmed by an Act, respecting the maintenance of any road in an urban county district, or respecting the liability of the district to contribute towards any expenses of the maintenance of any road outside the district.<\/p>\n<p>Transfer to urban district councils of business of guardians as to poor rate.<\/p>\n<p>28. There shall be transferred, subject to the provisions of this Act, to the council of every urban district the business of the guardians as regards making, levying, collecting, and recovering the poor rate within the district.<\/p>\n<h4>Transfer of business of burial boards in certain towns.<\/h4>\n<p>41 &amp; 42 Vict. c. 52, s. 160.<\/p>\n<p>29. There shall be transferred to the council of every urban district excepted from section one hundred and sixty of the Public Health Act, 1878 (by reason of being a town or township having commissioners under a local Act), the business of the board of guardians as burial board, and the said council shall be the burial board for the district.<\/p>\n<p>Transfer to guardians of business of dispensary committees.<\/p>\n<p>30. There shall be transferred to the guardians the business of every committee of management of a dispensary district within their union . . . .<\/p>\n<p>Extension of power of purchase of market under 41 &amp; 42 Vict. c. 52, s. 104.<\/p>\n<p>31. The power conferred by section one hundred and four of the Public Health Act, 1878, upon an urban authority to purchase a market from a market company shall extend to authorise the purchase from any person of any franchise or right to hold a market or fair, whether under Act, letters patent, or otherwise, and the said section shall apply accordingly, with the necessary modifications.<\/p>\n<h4>Transfer of sanitary powers of guardians under 41 &amp; 42 Vict. c. 42.<\/h4>\n<p>32. There shall be transferred to every urban and rural district council the business of the board of guardians under section one hundred and fifty of the Public Health Act, 1878 (which relates to the execution of the regulations made when Ireland appears to be threatened by any formidable epidemic, endemic, or infectious disease) or under any enactment amending or extending that section . . . .<\/p>\n<h4>Powers of rural district councils under Public Health Acts.<\/h4>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>59 &amp; 60 Vict. c. 54.<\/p>\n<p>33.\u2014(1) There shall be transferred to the district council of every rural district the business of the rural sanitary authority in the district.<\/p>\n<p>(2) Rural district councils shall also have such powers and duties of urban sanitary authorities under the Public Health Acts or any other Act, and such provisions of any of those Acts relating to urban districts shall apply to rural districts as the Local Government Board by general order direct; and every such order shall be forthwith laid before Parliament.<\/p>\n<p>(3) The power to make such general order shall be in addition to, and not in substitution for, the power conferred on the Board by section one of the Public Health Act, 1896 (which relates to investing rural authorities with the powers of urban authorities), and that power may be exercised by the Board on the application of a county council.<\/p>\n<p>Power of district council to purchase lessor\u2019s interest in lands held by them on lease.<\/p>\n<p>46 &amp; 47 Vict. c. 60.<\/p>\n<p>60 &amp; 61 Vict. c. 51.<\/p>\n<p>34. Where a rural district council hold, under the Labourers (Ireland) Acts, 1883 to 1896, any land on lease, they may by agreement purchase the interest of the lessor or any other superior interest in such land, and shall have the same power of borrowing the purchase money as they have of borrowing money for the purchase of land under the said Acts, and for the purpose of any such purchase an advance may be made under section eighteen of the Labourers (Ireland) Act, 1883, as amended by the Public Works Loans Act, 1897.<\/p>\n<h4>Byelaws in rural district regulating boats plying for hire.<\/h4>\n<p>17 &amp; 18 Vict. c. 103.<\/p>\n<p>35 &amp; 36 Vict. c. 69, s. 2.<\/p>\n<p>35. The provisions of the Towns Improvement (Ireland) Act, 1854, as amended by the Local Government Board (Ireland) Act, 1872, respecting byelaws in relation to boats plying for hire and the owners and boatmen thereof, shall apply to every rural district in like manner as if the council of the district were commissioners under the first-mentioned Act.<\/p>\n<h4>Powers of district council as to recreation ground and public walks.<\/h4>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>36.\u2014(1) An urban district council, and if so authorised by order of the Local Government Board a rural district council, may\u2014<\/p>\n<p>(a) acquire, purchase, or take on lease, lay out, plant, improve, and maintain land for a recreation ground or public walk; and<\/p>\n<p>(b) support or contribute to the support of a recreation ground or public walk, or contribute towards the purchase or cost of the laying out, planting, or improvement of any recreation ground or public walk, when provided by any person and permanently dedicated as such; and<\/p>\n<p>(c) make byelaws for the regulation of any such recreation ground or public walk, and by such byelaws provide for the removal from such recreation ground or public walk, by any officer of the said council or a constable, of any person infringing any such byelaw.<\/p>\n<p>(2) The recreation ground or public walk may be either within or without the district of the council, if it is convenient for the use of the inhabitants of such district.<\/p>\n<p>(3) Any expenses incurred under this section by a district council shall be defrayed as expenses under the Public Health Act, 1878.<\/p>\n<p>(4) The acquisition of land for the purpose of this section shall be deemed to be a purpose for which land may be acquired under the Public Health Act, 1878, and the provisions of that Act with respect to the acquisition of land shall apply accordingly.<\/p>\n<p>(5) Sections two hundred and nineteen to two hundred and twenty-three of the Public Health Act, 1878, shall apply to the byelaws made under this section.<\/p>\n<p>Provision as to contribution by district council to fishery district.<\/p>\n<p>11 &amp; 12 Vict. c. 92.<\/p>\n<p>37.\u2014(1) The council of any county district comprising the whole or part of a fishery district under the Fisheries (Ireland) Act, 1848, may, at the request of the board of conservators of such fishery district, made in pursuance of a resolution passed by such board at a meeting specially convened for the purpose of considering such resolution, make towards the expenses of that board a contribution not exceeding in any one local financial year a sum equal to a rate of one halfpenny in the pound on the rateable value of the county district at the beginning of the year.<\/p>\n<p>(2) Any such contribution shall be an annual contribution for a period of not less than three years, but (unless renewed) of not more than five years, and shall be a debt to the board of conservators, and the clerk of such board may sue for the same on behalf of the board.<\/p>\n<p>(3) A district council, upon paying in any year such contribution, may appoint such number of persons as the Lord Lieutenant may determine to act for that year as conservators of fisheries for that fishery district, in addition to and together with the conservators under the said Act, but the total number of conservators appointed under this section shall always be less than the number of conservators under the said Act.<\/p>\n<p>[S. 38 rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<h4>District and Union Committees.<\/h4>\n<p>Appointment by district councils and guardians of committees consisting partly of non-members.<\/p>\n<p>39.\u2014(1) A rural district council for any purpose of the Public Health Acts, and a board of guardians for the purpose of the admission of paupers to the union workhouse, may appoint for a dispensary district or other part of their district or union a local committee composed either wholly of members of their own body representing that dispensary, district or part, or partly of such members and partly of other persons, whether members of their own body or not, resident or interested in the said district or part.<\/p>\n<p>(2) The appointing body may authorise the committee to institute any proceedings or do any act which that body might have instituted or done for the said purpose, except that they shall not authorise the committee to raise any money, nor to expend any money beyond such limit as is fixed by the appointing body, nor to appoint, remove, or alter the remuneration of any officer.<\/p>\n<p>(3) The same persons may be appointed by any council and board to be a committee under this section of each appointing body in the same area.<\/p>\n<p>(4) A district council, on the application of a committee under this section for any area, may authorise any expenditure, which otherwise would be general expenses under the Public Health Acts, to be incurred by the committee, on condition that the cost of the same is levied as special expenses off such area.<\/p>\n<p>(5) The appointing body may revoke in whole or in part any appointment or authority made or given under this section.<\/p>\n<h4>Counties of Cities and Towns.<\/h4>\n<h4>Application of Act to counties of cities and towns not county boroughs.<\/h4>\n<p>40.\u2014(1) Any county of a city or town which does not become a county borough shall, for [1] the purposes of this Act, be situated in and form part of the administrative county which it adjoins, or if it adjoins more than one such county, then such one of those counties as the Local Government Board order.<\/p>\n<p>(2) The council of the county of which it so forms part shall in relation thereto have all the powers and duties of a county council; and any urban district council within the area of such county of a city or town shall have all the powers and duties under this Act of an urban district council, and their urban district shall be a county district of the said county; and the provisions of this Act with respect to the business of the grand jury, and presentment sessions, shall apply accordingly.<\/p>\n<p>(3) Provided that nothing in this section shall deprive the council of a borough of the right to appoint as heretofore a coroner, and that coroner shall be subject in all respects to the law relating to borough coroners.<\/p>\n<p>(4) Such portion of the county of the town of Carrickfergus as is not at the passing of this Act comprised in an urban sanitary district shall form part of the rural sanitary district constituted by the union in which that portion is situate, and upon the election under this Act of a rural district council, the business of the municipal commissioners of Carrickfergus in relation to the said portion shall be transferred to that council, and any question as to the right of the said portion to share in the property vested in those municipal commissioners shall, on the application of the rural district council, be dealt with by the Local Government Board as a matter of adjustment under this Act.<\/p>\n<p>Application of 17 &amp; 18 Vict. c. 103, to certain towns.<\/p>\n<p>9 Geo. 4. c. 82.<\/p>\n<p>41.\u2014(1) The Towns Improvement (Ireland) Act, 1854, and the enactments amending the same, shall, subject to the exceptions and with the amendments made by this Act, apply to the town forming the urban sanitary district of Carrickfergus, and to every town having commissioners under the Lighting of Towns (Ireland) Act, 1828, and shall so apply in like manner as if it had been in whole adopted in the town, and the boundaries of each such town at the passing of this Act were the boundaries approved under the first-mentioned Act.<\/p>\n<p>(2) In each such town the number of councillors or commissioners, as the case may be, shall be the same as the existing number of commissioners: Provided that, if the Local Government Board think fit to divide the town into wards, the wards shall be determined and set out, and the commissioners apportioned among the wards, in manner provided by section fifteen of the said Act of 1854 for a town where there are municipal commissioners, and the number of commissioners may be varied so as to be in accordance with section sixteen of the said Act.<\/p>\n<p>(3) The urban district council of Carrickfergus shall, as successors of the municipal commissioners of Carrickfergus, be the Carrickfergus Harbour Commissioners, and the enactments relating to the transfer of property from the said municipal commissioners to the urban district council shall be subject to the provisions of this Act with respect to such portion of the county of the town of Carrickfergus as forms part of the rural sanitary district.<\/p>\n<h4>Towns not Urban Sanitary Districts.<\/h4>\n<p>Orders as to making, dissolving, or extending urban sanitary districts.<\/p>\n<p>42.\u2014(1) Where a town has a population exceeding one thousand five hundred according to the last published census for the time being, but is not an urban sanitary district, any order of the Local Government Board constituting such town an urban sanitary district shall, unless within three months after the order is published the Board[1] receive a petition against it,<\/p>\n<p>(a) if the petition is before the first election of rural district councils from at least one-fourth of the parliamentary electors registered in respect of qualifications within the town, or from the guardians of the union comprising the town or any part thereof, or<\/p>\n<p>(b) if the petition is after such first election, then from at least one-fourth of the local government electors within the town, or from the guardians of the union, or council of the rural district, comprising the town or any part thereof,<\/p>\n<p>take effect without the authority of Parliament; and a certificate of the Board that no such petition has been received, and that the order has taken effect, shall be conclusive evidence of those facts.<\/p>\n<p>[Sub-s. (2) rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>(3) An order made after the passing of this Act for constituting a town an urban sanitary district, or for adding an urban sanitary district to a rural sanitary district, or for enlarging the boundaries of an urban county district shall contain such provisions as may seem necessary or expedient for adapting the provisions of this Act in respect to public works, and making an adjustment of property, rights, and liabilities.[1]<\/p>\n<p>Part III.<\/p>\n<h4>Finance.<\/h4>\n<p>Incidence of Rates as regards Areas and establishment of County, &amp;c. Funds.<\/p>\n<h4>Raising of guardians\u2019 expenses equally over union.<\/h4>\n<p>43. Notwithstanding anything in any Act, all expenses of the guardians of a union shall be raised equally over the whole union, and shall be called union charges, and where a union is divided between more than one county the total amount to be raised over the union shall be apportioned between each divided part in proportion to rateable value, and the amount so apportioned to a divided part shall be raised equally over that part as if it were a separate union.<\/p>\n<h4>Raising of road and sanitary expenses in rural districts equally over rural district.<\/h4>\n<p>44. Notwithstanding anything in any Act, all expenses incurred in relation to the business of the council of a rural district, including those expenses connected with any public work in the district which are not leviable off the county at large, shall, subject to the provisions of this Act with respect to excluded charges, be raised equally over the whole district, and shall be called district charges.<\/p>\n<h4>Raising of expenses of county council equally over county or district.<\/h4>\n<p>45.\u2014(1) The expenses incurred by the council of a county at large in the execution of this Act, or otherwise in relation to their business, which are not union or district charges, nor the excluded charges herein-after mentioned, shall, where no provision is otherwise made by law, be raised equally over the whole county, and shall be called county at large charges.<\/p>\n<p>(2) Where any expenses so incurred by the council of a county may by virtue of any enactment, or any direction given thereunder, be levied off an urban district, they shall be called urban charges.<\/p>\n<p>(3) Where any expenses so incurred by the council of a council may, by virtue of any enactment or any direction given thereunder, be levied off a barony or other portion of a county, they shall, according as the county council direct, be raised equally over the whole of the county district or districts comprising the barony or portion, or equally over the whole of the county, and shall be district charges or urban charges or county at large charges accordingly.<\/p>\n<h4>Raising of expenses of council of urban county district and county borough.<\/h4>\n<p>46.\u2014(1) The expenses of the council of an urban county district, if incurred in meeting the demands of the county council, or in connexion with the poor rate, shall be defrayed out of the poor rate.<\/p>\n<p>(2) The expenses not above mentioned, but incurred by the council of an urban county district in relation to the business transferred to the council by or in pursuance of this Act or otherwise in the execution of this Act, shall be defrayed out of the fund or rate out of which the cost of paving and cleansing the streets in such district are or can be defrayed, but shall be excluded in ascertaining any limit imposed by law upon any such rate.<\/p>\n<p>(3) The expenses incurred by the council of a county borough, if incurred in meeting the expenses of guardians or in connexion with the poor rate, shall be defrayed out of the poor rate, and if not so incurred and incurred in relation to the business transferred to the council by or in pursuance of this Act or otherwise in the execution of this Act, or as incidental to their powers and duties as a county council, shall, where the like expenses have hitherto been defrayed out of any rate levied by the council of the borough other than county cess, or than a rate levied under the enactments relating to county cess, continue to be so defrayed, but in any other case shall be defrayed out of the poor rate.<\/p>\n<p>(4) Provided that the foregoing provisions with respect to the expenses incurred by the council of an urban county district or county borough shall not extend to the expenses incurred under any provision of this Act amending or extending the Public Health Acts.<\/p>\n<p>County and borough and district fund and raising of deficiency in county fund.<\/p>\n<p>47.\u2014(1) All receipts of a district or county council, whether from rates levied off the whole or any part of the district or county, or from sources other than rates, shall be paid to the treasurer of such council, and the receipt alone of that treasurer shall be a good discharge to the person paying the same; and, subject to the provisions of this Act, all such receipts shall be carried in a county or other borough to the borough fund, and in any other county or county district to the county or district fund, as the case requires, and all payments for any purpose out of any such fund shall be made by the treasurer:<\/p>\n<p>Provided that the receipt given by a collector of rates in the case of payment of rates, or, where the treasurer is a banking company, by the secretary or clerk of the council in the case of any payment unconnected with rates, shall be a good discharge to the person making the payment, but the amount of the payment shall be forthwith paid by such collector secretary or clerk to the treasurer.<\/p>\n<p>(2) A council shall not directly or indirectly apply any part of their county or district fund, or any moneys under their control, for any purpose not authorised by this or any other Act, or, in the case of money derived from trust funds, then by the specific trusts affecting those funds.<\/p>\n<p>(3) In the county fund separate accounts shall be kept of all receipts and payments in respect of county at large, union, urban, and district charges respectively; and if the moneys standing to the county fund on account of any of those charges are insufficient to meet the sums payable in respect thereof, including the sums required to reimburse the treasurer for sums by law payable by him thereout, the county council shall raise the deficiency in manner provided by this Act by means of the poor rate; and the poor rate shall be levied, where the deficiency is in respect of union, urban, or district charges, off the union or district as the case requires, and in any other case off the county at large.<\/p>\n<h4>Agricultural Grant.<\/h4>\n<p>Payment to and out of Local Taxation (Ireland) Account of agricultural grant.<\/p>\n<p>59 &amp; 60 Vict. c 41.<\/p>\n<p>48.\u2014(1) . . . . There shall be annually paid out of the Consolidated Fund to the Local Taxation (Ireland) Account a sum (in this Act referred to as the agricultural grant) equal to half the amount certified under this Act to be taken for the purpose of this Act as having been raised in the whole of Ireland by poor rate and county cess off agricultural land, as herein-after defined, during the twelve months ending as regards poor rate on the twenty-ninth day of September, one thousand eight hundred and ninety-seven, and as regards county cess on the last day of June in the same year (which twelve months are respectively in this Act referred to as the standard financial year).<\/p>\n<p>(2) Such portion of the agricultural grant as is certified under this Act to be payable to each county council shall be issued by the Lord Lieutenant from the Local Taxation (Ireland) Account to that council half-yearly, subject nevertheless to such conditions and provisions as are contained in this Act.<\/p>\n<p>[Sub-s. (3) rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>(4) The provisions of this Act with respect to agricultural land shall extend to every hereditament entered as land in the valuation list within the meaning of the Valuation Acts which is not part of a railway or canal, but shall not extend to any hereditament situate within the boundary of any borough or of any town which is (for the time being) an urban sanitary district.<\/p>\n<h4>Certificates by Local Government Board as to poor rate and county cess in standard financial year.<\/h4>\n<p>49.\u2014(1) Subject to the provisions herein-after contained with respect to excluded charges, the Local Government Board, on the report of the Commissioner of Valuation made in accordance with the prescribed rules, and on taking into account any exceptional circumstances which appear to the Board to have caused a variation from the average, shall, as soon as may be after the passing of this Act, certify as respects the standard financial year,\u2014<\/p>\n<p>(a) the amounts to be taken for the purpose of this Act as having been raised in the whole of Ireland by poor rate and county cess off agricultural land and off any other hereditaments respectively; and<\/p>\n<p>(b) the portion of each of those amounts which is to be taken for the purpose of this Act as having been raised in each administrative county\u2014<\/p>\n<p>(i) in respect of county at large charges; and<\/p>\n<p>(ii) in respect of union charges; and<\/p>\n<p>(iii) in respect of urban charges; and<\/p>\n<p>(iv) in respect of district charges; and<\/p>\n<p>(c) the rate in the pound (in this Act referred to as the standard rate) at which poor rate and at which county cess is respectively to be taken for the purpose of this Act as having been levied off agricultural land and off other hereditaments respectively, in each union or district, in respect of county at large and union and urban or district charges added together; and<\/p>\n<p>(d) any other matters in relation to the poor rate or county cess levied off agricultural land or other hereditaments that are required by this Act to be certified, or that may appear to the Board to be required for carrying this Act into effect.<\/p>\n<p>(2) In estimating the sums to be taken for the purpose of this Act as having been raised in any county, or district, or union, or in estimating the standard rate, all sums raised to meet expenses which, if this Act had been in force in the standard financial year would have been raised equally over the whole county or district or union, shall be treated as having been so raised; and any town which is constituted an urban sanitary district or which being an urban sanitary district is added to a rural sanitary district shall, if the order for such constitution or addition was made before the end of six months after the passing of this Act, whether made before or after that passing, and whether confirmed or taking effect before or after the end of such six months, be treated as having been so constituted or added, as the case may be, during the standard year; and where a union is divided between more than one administrative county, the amount which would have been apportioned to each divided part shall be ascertained, and treated as having been so raised over a separate union.<\/p>\n<p>(3) The sum payable to each county out of the agricultural grant shall be equal to half the amounts so certified as aforesaid to be taken as having been raised in the county off agricultural land in respect of county at large and union and district charges when added together, and shall be certified accordingly.<\/p>\n<p>(4) For the purpose of certificates under this section the Local Government Board, on the report of the Commissioner of Valuation, shall determine, in the prescribed manner, the adjustments which are to be made in consequence of any difference between the authorities or the boundaries of counties unions or other areas, as existing in the standard financial year, and as they will exist after the appointed day, or in consequence of other changes made by or in pursuance of this Act.<\/p>\n<p>(5) The Local Government Board and Commissioner of Valuation in acting under this section shall obtain such information and make such inquiries and in such manner as seems fit, and every officer of any local authority shall give the Board and Commissioner such information and reply to such inquiries and in such form as they or he may require.<\/p>\n<p>(6) The Local Government Board, on the report of the Commissioner of Valuation, may in case of error amend, or for the purpose of meeting any alteration in an area or authority to which a certificate relates vary, a certificate under this section, and any such amendment or variation shall have effect from the date of the original certificate, or any later date fixed by the amending or varying certificate; but, save as aforesaid, a certificate under this section shall be final and binding on all persons.<\/p>\n<p>(7) Provisional certificates may, if it is thought necessary, be given for enabling the first payments under this Act to and out of the Local Taxation (Ireland) Account to be made before sufficient information has been obtained to enable final certificates to be given.<\/p>\n<p>Disposal of agricultural grant in case of constitution or extension of urban district.<\/p>\n<p>50.\u2014(1) Where, by virtue of an order respecting the constitution of an urban county district, whether by the constitution of a new or the extension of the boundaries of an old urban county district, any agricultural land in a rural district becomes included within the boundaries of the said urban district, such portion of the agricultural grant payable to the council of the county comprising the district as is proportionate to the rateable value in the standard financial year of that agricultural land shall be applied by the county council in manner directed by the said order for the relief of the said land from rates, whether by the payment thereof to the council of the urban district in exchange for an adequate exemption from rates or otherwise.<\/p>\n<p>(2) This section shall apply to a county borough in like manner as to an urban county district, but in that case the said portion of the agricultural grant shall be paid direct to the council of the county borough instead of to the council of the county at large.<\/p>\n<h4>Method of raising Expenses.<\/h4>\n<p>Raising of expenses of district councils, guardians, and county councils by poor rate, and deduction of agricultural grant.<\/p>\n<p>51.\u2014(1) The money required to meet the expenses of rural district council or of a board of guardians shall be supplied by the county council upon the prescribed demand by the district council or board; and the county council shall pay the money so demanded out of the county fund.<\/p>\n<p>(2) The county council shall apportion every amount to be raised for county at large charges, and every amount to be raised for union charges, between any urban district situate in the county or union, and the rest of the county or union, in proportion to rateable value, and shall also apportion, in proportion to rateable value, every amount to be raised partly off any urban and partly off any rural district in the county, and any amount apportioned as aforesaid to an urban district, and also any urban charge leviable off an urban district shall be paid by the council of that district to the county council upon the prescribed demand.<\/p>\n<p>(3) The county council shall divide the amount which is not so apportioned to an urban district and is to be raised either for county at large or union charges, and every amount which is to be raised for district charges, between the agricultural land in the county, union, or district and the other hereditaments therein, in proportion to rateable value.<\/p>\n<p>(4) There shall be deducted from the amount assigned upon such division to the agricultural land the sum payable out of the agricultural grant to the council\u2014<\/p>\n<p>(a) where the amount is to be raised for county at large charges, then in respect of county at large charges; and<\/p>\n<p>(b) where the amount is to be raised for union or district charges, then in respect of union or district charges in that union or district;<\/p>\n<p>as certified for the standard financial year, and the balance remaining after that deduction shall be the amount to be levied off the agricultural land in respect of the amount so assigned thereto.<\/p>\n<p>(5) The council shall raise the several amounts apportioned as above-mentioned to any part of the county which is not an urban district by means of the poor rate, and shall make that poor rate [1] twice a year, and every demand note in respect of that rate shall specify approximately the respective rates in the pound required to raise the several amounts above mentioned, and the rates in the pound to which the sums deducted in respect of the agricultural grant amount.<\/p>\n<p>(6) Such poor rate shall be made either immediately prior to, or at the beginning of, the first six months of the local financial year and the second six months of that year, and shall be made[1] in respect of the service of such first six months or second six months, as the case may be.<\/p>\n<p>(7) Every debt, claim, or demand which is directly or indirectly payable out of the poor rate, and becomes due after the passing of this Act, shall be paid within the half year (whether the first or the second six months of the local financial year), in which the same was incurred or became due, or within three months after the expiration of such half year, and not afterwards: Provided that the Local Government Board may, if they think fit, extend the time within which such payment may be made to a time not exceeding twelve months[1] from the date at which the same was incurred or became due.<\/p>\n<p>(8) If any person claiming any such debt, claim, or demand commences any legal proceedings within the time herein-before limited, or the time to which the Local Government Board may grant extension, and with due diligence prosecutes such proceedings to judgment or other final settlement of the question, such judgment shall be satisfied notwithstanding that the judgment is recovered or the final settlement arrived at after the expiration of the said time, and all proceedings taken by mandamus or otherwise for enforcing such judgment without delay shall be deemed to be within the operation of this enactment.<\/p>\n<p>(9) This section shall apply, with the necessary modifications\u2014<\/p>\n<p>(a) to the making of a poor rate by the council of a county borough or other urban district; and<\/p>\n<p>(b) to a county borough so far as regards the demands of a board of guardians, and the money required to meet those demands or to meet expenses of the council of the borough which under this Act are to be defrayed out of the poor rate: Provided that in a county borough the council may, if they think fit, either immediately prior to or at the beginning of each local financial year, make one poor rate for the whole financial year, and collect the same in equal moieties, one moiety for each half year.<\/p>\n<h4>Incidence of Rates.<\/h4>\n<h4>Incidence of poor race as between occupier and landlord.<\/h4>\n<p>6 &amp; 7 Vict. c. 92.<\/p>\n<p>52.\u2014(1) The poor rate shall be made upon the occupier and not the landlord of a hereditament, except where under section four of the Poor Relief (Ireland) Act, 1843, it is made on the landlord as the immediate lessor of a house let in separate apartments or lodgings, and except that if made heretofore in respect of a half rent under section sixty-three of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same, it shall continue to be so made.<\/p>\n<p>(2) The occupier of a hereditament shall not be entitled to deduct from his rent any part of the poor rate, and any contract to the contrary respecting such deduction shall be void; subject nevertheless to the exceptions in this Act and to the provisions herein-after contained respecting occupiers under existing tenancies.<\/p>\n<h4>Rates of urban district councils and towns and power to consolidate rates.<\/h4>\n<p>53.\u2014(1) Where the council of any borough or other urban district or the commissioners of any town independently of this Act can make any rate in respect of any hereditament upon the landlord or immediate lessor, and not on the occupier of the hereditament, such rate shall be made on the occupier of the hereditament, except where it is a house let in separate apartments or lodgings, and except that if made heretofore in respect of a half rent under section sixty-three of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same, it shall continue to be so made: Provided that the foregoing provisions of this section shall not apply to a rate under a local Act in any county borough, if the council of that borough by a majority of not less than two-thirds of the members present at a meeting specially summoned for the purpose so resolve.<\/p>\n<p>(2) Where an urban district council independently of this Act\u2014<\/p>\n<p>(a) can raise a sum by a rate upon the same basis as the poor rate, that sum may be raised by means of the poor rate, but as a separate item thereof, and any right to deduct any part of the said rate from rent shall continue as respects that item; or<\/p>\n<p>(b) can make more than one rate upon the same basis, but on a basis different from that of the poor rate, such rates may be consolidated and made, levied, collected, and recovered as one rate, and be made half-yearly, but the demand note shall specify the amount in the pound required for each such rate.<\/p>\n<p>(3) \u201cThe same basis\u201d in this section means the same property, the same rateable value, and subject to the same exemptions.<\/p>\n<h4>Adjustment of rent as between occupier and landlord in consequence of agricultural grant, and change in incidence of rate.<\/h4>\n<p>54.[1] \u2014(1) Where the poor rate is made upon an occupier of any holding under an existing tenancy, then, until the tenancy is determined or a new statutory term in the tenancy begins, the following provisions shall have effect as from the gale day next after the appointed day:\u2014<\/p>\n<p>(a) Where the occupier is entitled to deduct from his rent one-half of the county cess, the rent shall be reduced by half the appropriate standard amount (hereinafter defined):<\/p>\n<p>(b) Where the occupier is entitled to deduct from his rent one-half of the poor rate, and the holding is not agricultural land, the rent shall be reduced by half the appropriate standard amount:<\/p>\n<p>(c) Where the occupier is entitled to deduct from his rent the whole of the county cess or poor rate, the rent shall be reduced, in the case of cess, by the whole of the appropriate standard amount, and in the case of poor rate, where the holding is agricultural land by half, and where it is not agricultural land by the whole, of the appropriate standard amount:<\/p>\n<p>(d) Where the occupier is not entitled to make any deduction from his rent in respect of poor rate, and the holding is agricultural land, he shall be liable to pay annually to his landlord a sum equal to half the appropriate standard amount, and such sum shall be recoverable as, and be deemed for all purposes to be, part of his rent.<\/p>\n<p>(2) Provided that where the occupier is entitled to deduct from his rent a sum less that one-half of the county cess or of the poor rate, as the case may be, the foregoing provision shall apply, with the exception that a sum bearing such proportion to half the appropriate standard amount as the amount he was entitled to deduct bore to half the county cess or poor rate, shall be substituted for a sum equal to half the appropriate standard amount.<\/p>\n<p>(3) An occupier entitled, whether by law or contract, to deduct a sum from his rent shall be deemed entitled to deduct within the meaning of this section; and where a person under the law existing at the time of his contract of tenancy, or under his contract of tenancy, is not liable to any cess or rate, he shall be in the same position under this section as if he were entitled to deduct the whole of that cess or rate from his rent.<\/p>\n<p>(4)[1] Where a person receiving rent in respect of any holding which is not agricultural land also pays rent in respect of such holding, and the rent he receives is reduced by virtue of this section, the rent he pays shall, except where under the terms of his contract he is not entitled to make any deduction from his rent in respect of rates, be reduced by a sum bearing such proportion to the amount of the reduction as the rent he pays bears to the rent he receives.<\/p>\n<p>(5) Where part of a holding is agricultural land and part is not agricultural land, the foregoing provisions of this section shall apply separately to each such part as if it were a separate holding.<\/p>\n<p>(6) The \u201cstandard amount\u201d for the purposes of this section means, in relation to any holding a sum equal to what is produced by a rate on the rateable value of the holding in the standard financial year, according to the standard rate of poor rate or county cess, as the case requires.<\/p>\n<p>(7) Where any change of the rent of a holding, whether by way of reduction, payment, or deduction, caused by the provisions of this section, would amount to less than sixpence, no such change shall be made; and where though exceeding sixpence it would involve a fraction of sixpence, then if the fraction amounts to threepence or upwards, the change shall include the full sixpence and if the fraction amounts to less than threepence the change shall exclude the fraction.<\/p>\n<p>(8) Any difference which may arise as to the amount to be deducted or paid by occupiers under existing tenancies in pursuance of this section, shall be referred to the Commissioner of Valuation, whose decision shall be final.<\/p>\n<p>(9) An occupier of any holding under an existing tenancy shall, until the tenancy is determined or a new statutory term in the tenancy begins, be entitled notwithstanding any provision of this Act, to deduct from his rent the like proportion of any sum paid by him for poor rate on account of any railway, harbour, navigation or public health charge, as he would have been entitled to deduct from his rent on account of any cess or rate to meet the charge, if the provisions of this Act with reference to the deduction of poor rate from his rent had not been enacted, and in the case of existing charges, as if the charge had continued to be raised by the same cess or rate as previously.<\/p>\n<p>(10) The secretary of the county council, including the town clerk of a county borough, shall, on request by the landlord or occupier of any holding, give a certificate of the rateable value of the holding and of the standard rate in the pound under this Act for the union or district in which the holding is situate, and, where part of the holding is agricultural land and part is not agricultural land, shall distinguish the rateable value of each such part. The said certificate shall be in such form, and contain such particulars, and the said secretary shall be entitled to such payment for each certificate as may be prescribed.<\/p>\n<p>(11)[1] Where the existing tenancy of a holding in an urban district is constituted by a lease for lives,[2] or a lease of which not less than five years are unexpired on the appointed day, then, notwithstanding anything in the foregoing provisions of this section, the rent of such holding shall be unaltered, but the occupier shall be entitled to deduct from his rent such portion of the amount of poor rate actually paid by him from time to time in respect of such holding as he would have been entitled to deduct if this Act had not passed, or, if he was entitled before the passing of this Act to deduct all the poor rate and county cess, then the whole of the poor rate so actually paid.<\/p>\n<p>(12) Where the occupier of a hereditament in an urban district becomes, by reason of this Act, liable to pay all or part of any rate made by the council of such urban district, other than the poor rate, and such rate was previously made upon the landlord, or immediate lessor, he shall, until his tenancy determines, be entitled, save so far as his contract of tenancy otherwise provides, to deduct the amount for which he so becomes liable from his rent.<\/p>\n<p>Consideration by Land Commission of poor rate in fixing future fair rents.<\/p>\n<p>59 &amp; 60 Vict. c. 47.<\/p>\n<p>55. . . . . A fair rent in a rural district shall be fixed under the Land Law (Ireland) Acts on the assumption that there has been no decrease or increase of the rate in the pound of poor rate as compared with the total rate in the pound to which the standard rates for poor rate and county cess as certified under this Act, when added together, amount, and that the tenant is to have any benefit from the agricultural grant given in respect of the county cess, and that the landlord is to have any benefit from the agricultural grant given in respect of the poor rate; and where after the appointed day any such fair rent is fixed there shall be recorded in the schedule specified in section one of the Land Law (Ireland) Act, 1896, the standard amount as defined in the preceding section both for poor rate and county cess, and the benefit in respect of the holding received by the landlord and tenant respectively out of the agricultural grant.<\/p>\n<h4>Excluded Charges.<\/h4>\n<p>Special provision as to charges for police and compensation for criminal injuries.<\/p>\n<p>6 &amp; 7 Will. 4. c. 13.<\/p>\n<p>60 &amp; 61 Vict. c. 64.<\/p>\n<p>56.[1] \u2014(1) In estimating the sums raised by county cess, and estimating the standard rate, the Local Government Board on the report of the Commissioner of Valuation shall exclude such amount as they determine is to be taken as having been raised during the standard financial year in any area for the purpose\u2014<\/p>\n<p>(a) of expenses in relation to additional constabulary under the Constabulary (Ireland) Acts, 1836 to 1897; or<\/p>\n<p>(b) of compensation for criminal injuries as before defined;<\/p>\n<p>and the amount so excluded is in this Act included in the expression \u201cexcluded charges.\u201d<\/p>\n<p>(2) The amount required to meet any charge in connexion with such expenses or compensation shall be separately estimated and raised by means of the poor rate, but as a separate item thereof, and the provisions of this Act with respect to raising expenses and to the poor rate shall apply with the necessary modifications; Provided that\u2014<\/p>\n<p>(a) the provisions with respect to the division between agricultural land and other hereditaments, and the deduction in respect of the amount assigned to agricultural land, shall not apply; and<\/p>\n<p>(b) the amount may be raised as heretofore off any area though less than a district or union, and for that purpose there shall be a separate account in the county fund.<\/p>\n<p>Special provisions as to charges for railways, harbours, navigations, and public health and labourers\u2019 dwellings.<\/p>\n<p>46 &amp; 47 Vict. c. 43.<\/p>\n<p>52 &amp; 53 Vict. c. 66.<\/p>\n<p>53 &amp; 54 Vict. c. 52.<\/p>\n<p>59 &amp; 60 Vict. c. 34.<\/p>\n<p>9 &amp; 10 Vict. c. 3.<\/p>\n<p>29 &amp; 30 Vict. c. 45.<\/p>\n<p>45 &amp; 46 Vict. c. 62.<\/p>\n<p>46 &amp; 47 Vict. c. 26.<\/p>\n<p>50 &amp; 51 Vict. c. 37.<\/p>\n<p>43 Vict. c. 4.<\/p>\n<p>5 &amp; 6 Vict. c. 89.<\/p>\n<p>20 &amp; 21 Vict. c. 23.<\/p>\n<p>46 &amp; 47 Vict. c. 60.<\/p>\n<p>59 &amp; 60 Vict. c. 53.<\/p>\n<p>57.[1] \u2014(1) In estimating the sums raised by poor rate and county cess, and in estimating the standard rate, the Local Government Board on the report of the Commissioner of Valuation shall exclude such amount as they determine is to be taken as having been raised during the standard financial year, in any area for the purpose\u2014<\/p>\n<p>(a) of any railway or harbour charge, that is to say, any charge in connexion with\u2014<\/p>\n<p>(i) any railway or tramway under the Tramways and Public Companies (Ireland) Act, 1883, the Light Railways (Ireland) Act, 1889, or the Railways (Ireland) Act, 1890, or any special Act, whether public or local; or<\/p>\n<p>(ii) any railway or means of communication under the Railways (Ireland) Act, 1896; or<\/p>\n<p>(iii) any harbour, pier, or quay, under the Fisheries (Ireland) Act, 1846, the Piers and Harbours (Ireland) Act, 1866, the Public Works Loans Act, 1882, the Sea Fisheries (Ireland) Act, 1883, or the Public Works Loans Act, 1887, or under any special Act, whether public or local; or<\/p>\n<p>(iv) any work under the Relief of Distress (Ireland) Act, 1880, and the Acts amending the same; or<\/p>\n<p>(b) of any navigation or public health charge, that is to say, any charge in connexion with\u2014<\/p>\n<p>(i) navigation works under the Drainage and Navigation (Ireland) Acts, 1842 to 1857, or any special Act whether public or local; or<\/p>\n<p>(ii) special expenses leviable off a contributory place in a rural sanitary district, either under the Public Health Acts or under any enactment directing expenses to be levied as expenses under those Acts;<\/p>\n<p>and the amount so excluded is in this Act included in the expression \u201cexcluded charges.\u201d<\/p>\n<p>(2) The amount required to meet payments in respect of any railway or harbour charge, or any navigation or public health charge, shall be separately estimated and raised by means of the poor rate, but as a separate item thereof, and the provisions of this Act with respect to raising expenses and to the poor rate shall apply with the necessary modifications:<\/p>\n<p>Provided that\u2014<\/p>\n<p>(a) the provisions with respect to the division between agricultural land and other hereditaments and the deduction in respect of the amount assigned to agricultural land shall not apply; and<\/p>\n<p>(b) the amount may be raised as heretofore off any area though less than a district or union, and for that purpose there shall be a separate account in the county fund.<\/p>\n<p>(3) The provisions of this Act with reference to the fixing of fair rents shall not apply in the case of any item of the poor rate raised under this section.<\/p>\n<p>(4) The expenses incurred by a sanitary authority, in the execution of the Labourers Acts, 1883 to 1896, when incurred in the standard year, shall not be deemed to have been special expenses within the meaning of this section, and when hereafter incurred, whether in respect of transactions begun before or after the passing of this Act shall be expenses incurred in relation to the business of the council of a rural district, and be levied as district charges accordingly.<\/p>\n<h4>Licence Duties and Local Grants.<\/h4>\n<p>Payment of proceeds of local taxation licences and of 79,000l. annually to Local Taxation (Ireland) Account and payments thereout in lieu of local grants.<\/p>\n<p>51 &amp; 52 Vict. c. 41.<\/p>\n<p>54 &amp; 55 Vict. c. 48.<\/p>\n<p>58.\u2014(1) . . . . There shall be annually paid out of the Consolidated Fund to the Local Taxation (Ireland) Account\u2014<\/p>\n<p>(a) a sum equal to the amount which is ascertained in manner provided by the regulations of the Treasury to be the proceeds, in the previous financial year, of the duties collected in Ireland by the Commissioners of Inland Revenue on the local taxation licenses specified in the Third Schedule to this Act, and such amount shall be ascertained in like manner as under section twenty of the Local Government Act, 1888; and<\/p>\n<p>(b) an annual sum of seventy-nine thousand pounds.<\/p>\n<p>(2)[1] . . . . The Lord Lieutenant shall cause to be paid in respect of every local financial year, out of the Local Taxation (Ireland) Account, at such times and by such payments as he may direct, the[2] following sums, namely,\u2014<\/p>\n<p>(a) to each county council, on behalf of the guardians of every union, the following amounts towards the salaries approved by the Local Government Board of the following officers, namely,<\/p>\n<p>(i) one-half of the said salaries of the medical officers of the workhouse and dispensaries in respect of their duties under those guardians; and<\/p>\n<p>(ii) one-half of the said salary of one trained nurse in each workhouse, who is actually employed and possesses the prescribed qualifications; and<\/p>\n<p>(iii) the whole of the said salaries of schoolmasters and schoolmistresses in the workhouses;<\/p>\n<p>and also one-half of the cost of such medicines and medical and surgical appliances as are provided in accordance with the prescribed conditions; and<\/p>\n<p>(b) to each county council, on behalf of every rural district in the county, and to each urban district council, one-half of the salaries approved by the Local Government Board of sanitary officers in respect of their duties under the district council; and<\/p>\n<p>(c) to each county council who satisfy the Lord Lieutenant that they have fulfilled their duty with respect to accommodation and buildings for lunatic poor, and that their lunatic asylum is well managed and in good order and condition, and the lunatics therein properly maintained and cared for, sums at the rate for each lunatic in the asylum for whom the net charge upon the council (after deducting any amount received by them for his maintenance from any source other than poor rate) is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is calculated, of one-half of such net charge, or four shillings a week, whichever is least.<\/p>\n<p>(3) Where a union is situate in more counties than one, the amount payable as aforesaid on behalf of the guardians of the union shall be divided between the counties in the proportion in which the expenses of such guardians are divided.<\/p>\n<p>(4)[1] Where the amount required to be raised in any area by a county council in any local financial year, in order to meet any railway or harbour charge connected with any guarantee given or transaction occurring before the passing of this Act, or to meet two or more such charges when added together, exceeds, or would but for the payments hereinafter mentioned exceed, a sum equal to sixpence in the pound on the rateable value of the area, the Lord Lieutenant, on the report of the Commissioner of Valuation of those facts, may pay to the county council out of the sum paid under this section to the Local Taxation (Ireland) Account a sum equal to one-half of such excess to be applied by that council in reduction of the said amount.<\/p>\n<p>(5) If the amount paid under this section to the Local Taxation (Ireland) Account is insufficient to meet [2 the sums payable thereout under this section as amended by any subsequent enactment] those sums shall be proportionately abated as directed by the Lord Lieutenant, but, if the amount exceeds the sums so payable, the excess shall be accumulated and applied to meet any future deficiency, and subject thereto be applied in such manner as Parliament directs.<\/p>\n<p>(6) All sums paid to the Local Taxation (Ireland) Account under this section shall form part of the contingent portion of the guarantee fund under the Purchase of Land (Ireland) Act, 1891.<\/p>\n<p>General.<\/p>\n<h4>General provisions as to payments out of Consolidated Fund and as to Local Taxation (Ireland) Account.<\/h4>\n<p>59.\u2014(1) All sums directed by this Act to be paid out of the Consolidated Fund shall be charged on and paid out of the Consolidated Fund of the United Kingdom, or the growing produce thereof, at such times and by such instalments as the Treasury direct.<\/p>\n<p>(2) The Treasury may make regulations respecting the accounts of the receipts and expenditure of the Local Taxation (Ireland) Account, and for carrying into effect the provisions of this Act with respect to such Account, and in particular for carrying to separate credits the several sums payable under this or any other Act to that Account, and for the accumulation and investment of sums directed to be accumulated, and for the audit of the said accounts; and such regulations shall be duly observed, and the regulations made under this section, and an annual return of the said accounts when audited, shall be laid before Parliament.<\/p>\n<h4>Term of borrowing by county councils.<\/h4>\n<p>60. The term within which a loan borrowed by the county council is to be repaid shall be such period, not exceeding sixty years, as the council, with the consent of the Local Government Board, determine in each case, having regard to the duration of the work or object for which the loan is borrowed.<\/p>\n<p>Loans to boards of guardians. 1 &amp; 2 Vict. c. 56.<\/p>\n<p>61.\u2014(1) A loan raised after the passing of this Act, under the Poor Relief (Ireland) Act, 1838, and any Acts amending that Act, including the Medical Charities Acts, shall be repaid within such period, not exceeding sixty years, as the guardians with the sanction of the Local Government Board may determine, either by equal yearly or half-yearly instalments of principal or principal and interest, or by means of a sinking fund.<\/p>\n<p>(2) The provisions of section two hundred and thirty-eight of the Public Health Act, 1878, respecting a sinking fund, shall apply to the said sinking fund.<\/p>\n<p>(3) Guardians may borrow money under the Poor Relief (Ireland) Act, 1838, and any Acts amending that Act, including the Medical Charities Acts, for the purpose of repaying any outstanding part of any loan raised by them under those Acts which they have power to repay.<\/p>\n<p>(4) Any money so borrowed shall be repaid in the manner directed by this section, and within the same period as that originally sanctioned for the repayment of the loan, unless the Local Government Board consent to the period for repayment being enlarged, but that period shall in no case exceed sixty years from the date of the original borrowing.<\/p>\n<p>(5) For the purpose of this section the expression \u201coutstanding\u201d means not repaid by instalments, or by means of a sinking fund, or out of capital money properly applicable for the purpose of repayment other than money borrowed for that purpose.<\/p>\n<p>(6) A loan raised by guardians shall not be of such amount as exceeds, or will make the total debt of the guardians under the Acts above in this section mentioned exceed, one-fourth of the total annual rateable value of the union: Provided that the Local Government Board by Provisional Order may extend the said maximum to double the amount above authorised, and the provisions of the Public Health Acts and this Act with respect to Provisional Orders shall apply with the necessary modifications.<\/p>\n<p>(7) In the Poor Relief (Ireland) Act, 1838, and any other enactment relating to borrowing by boards of guardians, the Commissioners of Public Works in Ireland shall as respects any borrowing after the passing of this Act, be substituted for the Public Works Loan Commissioners, and the loan may be made for the period above mentioned.<\/p>\n<p>Amendment of 53 &amp; 54 Vict. c. 30.<\/p>\n<p>62. In the construction of the Poor Law Acts (Ireland) Amendment Act, 1890, sub-section two of section two of the said Act shall have effect only in cases in which the local authority have come to such determination as in the first subsection of the said section is mentioned.<\/p>\n<p>Amendment of law as to audit.<\/p>\n<p>34 &amp; 35 Vict. c. 109.<\/p>\n<p>35 &amp; 36 Vict. c. 69.<\/p>\n<p>1 &amp; 2 Vict. c. 56.<\/p>\n<p>34 &amp; 35 Vict. c. 109.<\/p>\n<p>34 &amp; 35 Vict. c. 109.<\/p>\n<p>63.[1] \u2014(1) Sections twelve and thirteen of the Local Government (Ireland) Act, 1871, as amended by the Local Government Board (Ireland) Act, 1872, shall apply to the audit of the accounts of boards of guardians and their officers in like manner as it applies to the audit of accounts of governing bodies of towns and their officers; and notwithstanding anything in section one hundred and fourteen of the Poor Relief (Ireland) Act, 1838, the legality of an order of the guardians may be questioned by the auditor in like manner as the legality of an order of the governing body of a town.<\/p>\n<p>(2)[2] Where an application, under this section or under the said section twelve of the Local Government (Ireland) Act, 1871, is made to the Local Government Board against any allowance, disallowance, or surcharge, made by any auditor of the Board\u2014<\/p>\n<p>(a) the Board may decide the application according to the merits of the case, and if the Board find that any disallowance or surcharge was lawfully made, but that the subject matter thereof was incurred under such circumstances as to make it fair and equitable that the disallowance or surcharge should be remitted, they may direct that the same shall be remitted upon payment of the costs (if any) which may have been incurred by the auditor or other competent authority in enforcing the disallowance or surcharge; and<\/p>\n<p>(b) the decision of the Board shall be final; and<\/p>\n<p>(c) section thirteen of the Local Government (Ireland) Act, 1871, shall apply, as if the sum found by the decision of the Local Government Board to be due from any person were at the date of such decision certified by the auditor to be due, and there was no appeal.<\/p>\n<p>Charge for auditing accounts of county council.<\/p>\n<p>64. The charge for auditing the accounts of a county council in any year shall not exceed the sum of one hundred pounds.<\/p>\n<p>Amendment of 15 &amp; 16 Vict. c. 63, and 17 &amp; 18 Vict. c. 8, as to general revaluation.<\/p>\n<p>39 &amp; 40 Vict. c. lxxxv.<\/p>\n<p>15 &amp; 16 Vict. c. 63.<\/p>\n<p>65.[1] \u2014(1) A general revaluation of rateable hereditaments under the Valuation Acts may be made, as respects a county borough, on the application of the council, and the council so applying shall pay such portion, not exceeding one-half, of the costs of the revaluation as the Treasury direct, and upon any such general revaluation the land in the borough shall be valued in the manner directed by section eleven of the Valuation (Ireland) Act, 1852, with respect to houses and buildings.<\/p>\n<p>(2) Where part of a union is within and part without any county borough in respect of which a revaluation is made under this section, the total amount to be raised for union charges in that union shall be apportioned between each such part of the union in proportion to the rateable value of each part at the date when the revaluation under this section came into force: Provided that after the expiration of five years from that date, if no general revision has meantime been made, the Commissioner of Valuation, if satisfied by the council of the borough or the guardians representing the electoral divisions of the union situated outside the borough, or a majority of them, that the apportionment has become inequitable by reason of subsequent changes in the value of any hereditaments in the union, may revise the proportion in which the union charges are to be apportioned. This enactment shall apply to the police district of Dublin metropolis and to the Dublin bridge area within the meaning of the Dublin Port and Docks Board and Bridges Act, 1876, as if it were a union, but with the substitution of the county council of the county of Dublin, with respect to the revision of the apportionment, for the said guardians.<\/p>\n<p>(3) In this section the expression \u201cgeneral revaluation\u201d means a general revision under section thirty-four of the Valuation (Ireland) Act, 1852.<\/p>\n<p>Collection of Rates and Duties in Dublin.<\/p>\n<h4>Collector-General of Rates, Dublin.<\/h4>\n<p>17 &amp; 18 Vict. c. 22.<\/p>\n<p>39 &amp; 40 Vict. c. lxxxv.<\/p>\n<p>12 &amp; 13 Vict. c. 91.<\/p>\n<p>53 &amp; 54 Vict. c. ccxlvi.<\/p>\n<p>34 &amp; 35 Vict. c. 65.<\/p>\n<p>57 &amp; 58 Vict. c. 49<\/p>\n<p>66.[1] . . . The following provisions shall apply with respect to the Dublin Collector-General of Rates and to the poor rate, police rate, bridge tax, and bridge rate:\u2014<\/p>\n<p>(1) The poor rate shall be levied in the city of Dublin in like manner as in the rest of Ireland, and all enactments with respect to making, levying, collecting, and recovering the poor rate shall apply accordingly;<\/p>\n<p>(2) The Commissioner of Police of Dublin Metropolis under the Dublin Metropolis Police Acts shall, at the prescribed time before the beginning of every local financial year, estimate the amount of money which he finds necessary for the maintenance of the police force, and for the several purposes of the said Acts during that year, not exceeding the amount which the Commissioner is, under the said Acts, or any of them, entitled to raise by a rate thereunder;<\/p>\n<p>(3) The Dublin Port and Docks Board shall, at the prescribed time before the beginning of every local financial year, estimate the amount of money which they require to be raised in that year for the purpose of the bridge tax (if any) and bridge rate respectively;<\/p>\n<p>(4) The Commissioner and Board respectively shall apportion each amount so estimated between the city of Dublin and the rest of the police district of Dublin metropolis, or of the bridge area (as the case may be) which is outside the city of Dublin, and shall so apportion according to rateable value, and shall send to the council for the city of Dublin a demand for the amount apportioned to that city, and to the council of the county of Dublin a demand for the amount apportioned to the rest of the police district or bridge area; and each council shall pay by equal half-yearly payments the amount specified in such demand, less five per cent. as and for the cost of collection and irrecoverable rates and office expenses, and also less such sum (if any) as the Local Government Board certify in each half-year to be the proportion of the Collector-General\u2019s annuity hereinafter mentioned properly chargeable against any such payment;<\/p>\n<p>(5) The council of the city of Dublin shall raise, either by means of a separate rate or by means of the poor rate but as a separate item thereof, a sum equal to the amounts specified in such demand, but the demand note shall specify approximately the amount in the pound required for each amount;<\/p>\n<p>(6) A sum equal to each of the amounts specified in such demand on the county council of the county of Dublin shall be raised in manner provided by this Act with respect to a railway or harbour charge; but a council, in lieu of raising the amount required to meet the same by means of the poor rate, may, if they think fit, raise it by levying a separate rate;<\/p>\n<p>(7) A council levying a separate rate for the purpose of this section shall make, levy, and collect the same upon the same basis and in like manner as the poor rate, and all enactments relating to the poor rate shall apply accordingly, with the exception that a person shall not be disqualified for being registered as a parliamentary or local government elector by reason of the non-payment of any such separate rate;<\/p>\n<p>(8) Where any property would but for this section be liable to be assessed for the purpose of raising any amount which under this section is to be raised by the poor rate, such property shall be liable for the purpose of that amount to be assessed to the poor rate and to the said separate rate;<\/p>\n<p>(9) In this section the expression \u201cbridge tax\u201d means the quay wall tax and bridge tax leviable under the Dublin Bridge Act, 1854; and the expression \u201cbridge rate\u201d means the rate leviable under the Dublin Port and Docks Board and Bridges Act, 1876; and the expression \u201cbridge area\u201d has the same meaning as in the latter Act;<\/p>\n<p>(10) The offices of the Collector-General of Rates under the Dublin Collection of Rates Act, 1849, and of his officers, shall be abolished, without prejudice to the provisions of the Dublin Corporation Act, 1890; and the persons who on the last day of March one thousand eight hundred and ninety-eight, held the said offices, and continue to hold them until abolition of their offices, shall be entitled to abolition superannuation allowance in accordance with section seventy (A) of the said Act of 1890, and that section shall apply, with the necessary modifications, and in particular with the substitution of the Local Government Board for the Lord Lieutenant;<\/p>\n<p>(11) The compensation granted in pursuance of this section to the Collector-General, or any such officer, shall be apportioned in manner provided by sub-section two of section seventy-one of the Dublin Corporation Act, 1890, as if it were the abolition compensation mentioned in that section;<\/p>\n<p>(12) Any sum which on such apportionment is payable by the corporation of the city of Dublin, and such portions of any superannuation allowances, abolition superannuation allowances, or abolition compensation, as under the said section seventy-one are payable by the said corporation, shall be paid by the council of the city of Dublin to the Local Government Board;<\/p>\n<p>(13) Such portions of any compensation granted in pursuance of this section, or of any superannuation allowances, abolition superannuation allowances, or abolition compensation, under section seventy-one of the Dublin Corporation Act, 1890, as are payable otherwise than by the corporation of the city of Dublin (the total of which portions is in this Act referred to as the Collector-General\u2019s annuity) shall be obtained by the Local Government Board from, and be payable by, the county councils of the county at large and the city of Dublin in the proportions ascertained as herein-after mentioned;<\/p>\n<p>(14) The Local Government Board shall certify the amount raised during the twelve months ending the thirty-first day of December one thousand eight hundred and ninety-eight by the Collector-General of Rates in the police district of Dublin metropolis in respect of poor rate, police rate, bridge tax (if any), and bridge rate, distinguishing the total amount raised within and the total amount raised without the city of Dublin, and shall determine approximately, according to the proportions to each other of the said totals, the proportion of the Collector-General\u2019s annuity which should be borne by the city and county of Dublin respectively;<\/p>\n<p>(15) The council of the city of Dublin and the council of the county of Dublin respectively shall pay the proportion of the Collector-General\u2019s annuity to be borne by the city or county, as the case may be, and that proportion shall be raised as an addition to the several amounts to be raised by the council of the said city or county under this section;<\/p>\n<p>(16) Every sum to be paid to the Local Government Board in pursuance of this section shall be certified by the Board and be paid to that Board by the council of the city or county of Dublin, as the case may be, and be a debt to the Crown from that council, and shall be applied by the Local Government Board in paying the allowances or compensation for the time being payable thereout, and so far as not required for that purpose shall be repaid to the council paying the same;<\/p>\n<p>(17) The lists of voters and jurors shall be made out in the city of Dublin in like manner as in the rest of Ireland, and the Registration Acts and the Juries (Ireland) Acts, 1871 to 1894, shall apply accordingly;<\/p>\n<p>(18) The Acts specified in Part Four of the First Schedule to this Act are in this section referred to by the short and collective titles therein mentioned.<\/p>\n<p>Duties on Dublin pawnbrokers\u2019 licences under 48 G. 3. c. 140.<\/p>\n<p>G. 3. c. xii.<\/p>\n<p>67. The duties payable by pawnbrokers under section sixty-six of the Dublin Police Magistrates Act, 1808, and the Act therein mentioned, in any part of the police district of Dublin metropolis, shall be payable to and be collected by the council of the borough or county district where the place of business of the pawnbroker in respect of which the duties are paid is situate, and the amount so received by such council shall be applied in aid of their expenses in the execution of this Act, and the receiver mentioned in the said section shall cease to have any concern with the said duties.<\/p>\n<p>Part IV.<\/p>\n<p>Boundaries and Adjustment.<\/p>\n<h4>Boundaries of counties, unions, rural districts, and district electoral divisions.<\/h4>\n<p>48 &amp; 49 Vict. c. 80.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>68.\u2014(1) The first council elected under this Act for a county shall, subject as herein-after mentioned, be elected for the county as bounded at the passing of this Act for the purposes of the grand jury (in this Act referred to as the existing judicial county), or where such county is for those purposes divided into ridings, for the riding: Provided that the Local Government Board, by order made within six months after the passing of this Act, may alter for the purpose of the election of such council the boundaries of any existing judicial county, and if that order is made the first council shall be elected for the county as so altered.<\/p>\n<p>(2) The county council shall have for the purposes of this Act authority throughout the county for which it is elected (in this Act referred to as an administrative county), and that county as bounded for the purpose of the first election shall, subject to alterations made in pursuance of any Order in Council under Part Six of this Act, be for all the purposes of this Act the county of such county council.<\/p>\n<p>(3) In exercising their powers under this Act or any Order in Council made under Part Six of this Act, whether in making an order or in confirming an order made by a county council, and in the exercise of their existing powers to alter by order district electoral divisions or the boundaries of unions, the Local Government Board shall secure that\u2014<\/p>\n<p>(a) the boundaries of counties at large and unions as existing at the date of the order shall be preserved, except in any case where the preservation thereof would cause substantial inconvenience; and<\/p>\n<p>(b) a union shall not, if it is conveniently possible to avoid it, be divided between more than two counties, and shall not in any case be divided between more than three counties; and<\/p>\n<p>(c) where a union is divided between more than one county, the area of each divided part, so far as it is not contained in an urban sanitary district, shall be of sufficient size and rateable value to constitute a suitable rural district; and<\/p>\n<p>(d) a district electoral division shall be situate wholly in one county district; and<\/p>\n<p>(e) a county district shall be situate wholly in one county.<\/p>\n<p>(4) Where a union is divided between more than one county, each divided part, so far as it is not contained in an urban sanitary district, shall be a separate rural sanitary district.<\/p>\n<p>(5) If the Local Government Board amalgamate two unions, they may, after communication with the county council and rural district councils concerned, either amalgamate the rural districts in the same county which are comprised in the amalgamated unions, or direct that those districts shall continue as separate rural districts, and in either case may make such arrangements as may be necessary for protecting the interests of the officers of the district councils holding office at the time of the amalgamation, and for that purpose the Union Officers (Ireland) Act, 1885, shall apply to officers of the district councils in like manner as it applies to the officers of boards of guardians.<\/p>\n<p>(6) The power of the Local Government Board to divide a poor law electoral division into wards or to combine poor law electoral divisions for the purpose only of election shall cease, but nothing in this Act, nor in any Order made thereunder, shall affect\u2014<\/p>\n<p>(a) any power of the Local Government Board in relation to sanitary districts under section seven of the Public Health Act, 1878; or<\/p>\n<p>(b) the general power of the Board to combine, divide or otherwise alter district electoral divisions;<\/p>\n<p>and the Board in the exercise of any such power may divide any townland:<\/p>\n<p>Provided that any order of the Local Government Board combining, dividing, or otherwise altering district electoral divisions if made after the first day of May in any calendar year, shall apply to lists of electors in the next calendar year, and to any register of electors formed out of such lists, and to elections held after the time at which the register of electors so formed has come into force, and shall not apply previously.<\/p>\n<p>(7) Such changes in the Ordnance map as appear to the Lord Lieutenant in Council to be rendered necessary by this Act, or any Order in Council made thereunder, shall be made through the Commissioner of Valuation in manner directed by the Lord Lieutenant in Council.<\/p>\n<p>Boundaries of counties for judicial, militia, jury, police, and other purposes, and provision as to revocation of borough commission of the peace and as to certain clerks of Crown and peace.<\/p>\n<p>39 &amp; 40 Vict. c. 76.<\/p>\n<p>48 &amp; 49 Vict. c. 23.<\/p>\n<p>6 &amp; 7 Vict. c. 93;<\/p>\n<p>8 &amp; 9 Vict. c. 80;<\/p>\n<p>34 &amp; 35 Vict. c. 65;<\/p>\n<p>37 &amp; 38 Vict. c. 49;<\/p>\n<p>39 &amp; 40 Vict. c. 21.<\/p>\n<p>69.[1] \u2014(1) A place which, for the purposes of this Act, is a part of an administrative county shall, subject as in this section mentioned, form part of that county for all other purposes, whether assizes, sheriff, lieutenant, custos rotulorum, justices, general quarter or petty sessions, jurors, militia, police, regis- tration, coroner, clerk of the peace, or other county officers, or otherwise, and a sheriff and lieutenant for the counties of the cities of Belfast and Londonderry may accordingly be appointed in like manner as for any other county of a city named in section four of the Municipal Privilege (Ireland) Act, 1876, and as respects the sheriff in the manner in the said Act provided, and a sheriff and lieutenant shall cease to be appointed for those counties of cities and towns which under this Act do not become county boroughs.<\/p>\n<p>(2) Provided that\u2014<\/p>\n<p>(a) the entire county of Tipperary shall, subject to variation of boundaries, continue to be one county for the said purposes so far as it is one county at the passing of this Act; and<\/p>\n<p>(b) nothing in this Act, nor anything done in pursuance of this Act, shall alter the limits of any parliamentary borough or parliamentary county within the meaning of the Redistribution of Seats Act, 1885, or confer any right to vote at the election of a member to serve in Parliament in any parliamentary borough where such right did not previously exist.<\/p>\n<p>(3) The court house of a county at large, when situate within a county of a city or town, shall, while it continues to be such court house, be deemed to form part of the body of such county at large; provided that if any court held for the county of the city or town is held in such court house, the court house shall then be deemed, for the purpose of the jurisdiction of that court, to be part of the body of the county of the city or town.<\/p>\n<p>(4) It shall be lawful for Her Majesty the Queen, on petition from the council of any borough other than a county borough, by letters patent, to revoke the grant of the commission of the peace for the borough, and to make such provision as to Her Majesty seems proper for the protection of interests existing at the date of the revocation.<\/p>\n<p>(5) Notwithstanding anything in this Act, the same officer shall contine to be clerk of the Crown, and when the offices of clerk of the Crown and clerk of the peace are amalgamated shall be clerk of the Crown and peace, for the county of Antrim and for the county of the city of Belfast constituted by this Act, and the same officer shall continue to be clerk of the Crown and peace for the county of Londonderry, and for the county of the city of Londonderry constituted by this Act.<\/p>\n<p>(6) Nothing in this Act shall affect the provisions of section twenty-five of the Municipal Corporations (Ireland) Act, 1843, nor those provisions of section one of the Quarter Sessions (Ireland) Act, 1845, which relate to the county of the city of Kilkenny.<\/p>\n<p>(7) The Juries (Ireland) Acts, 1871 to 1894, shall extend to any county of a city constituted by this Act, in like manner as if it were mentioned in the same class in the First and Second Schedules respectively to the Jurors\u2019 Qualification (Ireland) Act, 1876, as that in which the counties of the cities of Dublin and Cork are mentioned, and jurors\u2019 books shall be made for such county of a city accordingly.<\/p>\n<h4>Adjustment of financial relations between county at large and merged county of city or town.<\/h4>\n<p>70.\u2014(1) Where any county of a city or town becomes by virtue of this Act part of a county at large, then, on the application within the prescribed time of the council for any district, urban or rural, which comprises all or any part of the area of such county of a city or town, the Local Government Board shall make an adjustment as between that area and the rest of the said county at large respecting the contribution by the said area to the county at large charges (whether for the salaries of the county officers or main road or other purposes), and as respects the declaration of any roads within the said area to be main roads; and any order made upon such application in respect of the main roads shall have the same effect as if it were a declaration by the county council under this Act in respect of such roads.<\/p>\n<p>(2) Any order for adjustment under this section shall be subject to appeal within the prescribed time to the Appeal Commission mentioned in this Act, and in the event of an appeal the order shall be suspended, but shall afterwards operate as from the date at which it would but for the appeal have operated, or from any later date fixed by the Commission on the appeal.<\/p>\n<p>Periodical revision of financial relations between county and urban district or between two county districts.<\/p>\n<p>71.\u2014(1) If, after the expiration of not less than fifteen years from the date herein-after mentioned [1] the council either of a county or of an urban county district as respects the financial relations between such county and district, or the council of any county district as respects the financial relations between that district and any other county district, allege that the said financial relations are inequitable, and satisfy the Local Government Board that there is reasonable ground for that allegation, the Board may inquire into the circumstances, and, if they think it just so to do, may by order alter the financial relations, but such order where it alters the provisions of any local Act or Provisional Order shall be a Provisional Order.<\/p>\n<p>(2) \u201cFinancial relations\u201d means the relations between the county and urban county district, or between the two county districts, as respects the burden of the expense of the maintenance or construction of any road or public work, or of the salaries of the county officers, or of any other county at large or district charges, or as respects any contribution by the county or any district to such expenses, salaries, or charges, whether such relations are specified in any Act, or Provisional Order confirmed by an Act, or in any agreement or order made under Part Two of this Act in respect of any public work, or by any adjustment made in pursuance of this Act, or of an Order in Council under this Act, or are not so specified.<\/p>\n<p>(3) The date from which the said fifteen years are to be calculated shall be the passing of this Act, or in case of any Act, Provisional Order, agreement, order, or adjustment, made before or after the passing of this Act, then the date at which the Act, Provisional Order, agreement, order or adjustment came into operation, or in the case of an order under this section then the date of that order.<\/p>\n<p>Part V.<\/p>\n<p>Supplemental.<\/p>\n<h4>As to the Powers of County and District Councils.<\/h4>\n<p>General provisions as to transfer of business to county and district councils and as to use of court house.<\/p>\n<p>72.\u2014(1) Any council, board, or court shall, as respects the business by this Act transferred to them from any authority, be subject to the provisions and limitations affecting them, whether in this Act or in any Order in Council made under Part Six of this Act, but, save as aforesaid, shall have all the powers and duties of the authority in respect of the business transferred.<\/p>\n<p>(2) There shall be transferred to the county and district council respectively, in relation to any business transferred to that council, all the powers and duties under any Act of any officer of such council other than the treasurer in relation to that business.<\/p>\n<p>(3) Except so far as the sheriff or the justices may require for the administration of justice, or the discharge of his or their duties, the use of any court house, sessions house, or other county building under his or their custody or control, the county council may use the same for the purpose of the execution of their duties, and if any difference arises between the sheriff or justices and the county council as to such use, or as to the remuneration of any court keeper or other officer, such difference shall be determined by the Lord Lieutenant.<\/p>\n<h4>Adaptation to county and district councils of 60 &amp; 61 Vict. c. 43.<\/h4>\n<p>73. In the application of the Military Man&amp;#x0153;uvres Act, 1897, to Ireland, the council of each county, county borough, and district, shall be construed to mean the council elected in pursuance of this Act, and the references to the council of a parish shall not apply; and sub-sections one and two of section nine of that Act (which substitute boards of guardians for county councils and exclude county boroughs) shall be repealed.<\/p>\n<p>Adaptation of 55 &amp; 56 Vict c. 42<\/p>\n<p>52 &amp; 53 Vict. c. 76, and 54 &amp; 55 Vict. c. 4.<\/p>\n<p>74.\u2014(1) In the Irish Education Act, 1892, the expression \u201cbaronial council\u201d shall mean rural district council, and the expression \u201clocal rate\u201d shall mean the rate out of which the expenses of the execution of this Act by a county or district council, as the case may be, are defrayed.<\/p>\n<p>(2)[1] In the application of the Technical Instruction Acts, 1889 and 1891, to the council of a county other than a county borough the expression \u201clocal rate\u201d shall mean the poor rate, and the expenses of a county council under those Acts shall be county at large or district charges according as that council direct.<\/p>\n<p>[S. 75 rep. 8 Edw. 7. c. 48, s. 92.]<\/p>\n<p>Provision for chronic and harmless lunatics.<\/p>\n<p>38 &amp; 39 Vict. c. 67.<\/p>\n<p>76.\u2014(1) The council for a county may, either by the exercise of their powers under this Act, or by taking over for the purpose any workhouse or other suitable building in possession of the guardians, provide an auxiliary lunatic asylum for the reception of chronic lunatics who, not being dangerous to themselves or others, are certified by the resident medical superintendent of an asylum of such council not to require special care and treatment in a fully equipped lunatic asylum; and any such auxiliary lunatic asylum shall either be a separate asylum within the meaning of the Lunatic Asylum Acts, or, if the Lord Lieutenant so directs, a department of such an asylum.<\/p>\n<p>Provided that the sum payable out of the Local Taxation (Ireland) Account in respect of the net charge for any lunatic therein may be paid when the net charge equals or exceeds three shillings and sixpence a week, but that sum shall not exceed two shillings a week.<\/p>\n<p>(2) The Local Government Board, on the application of a county council and after communication with the guardians concerned, may by amalgamating unions provide for placing a workhouse at the disposal of the council for the above purpose, and may dispose of the workhouse for that purpose.<\/p>\n<p>(3) Where an auxiliary asylum is so provided for any county, section nine of the Lunatic Asylums (Ireland) Act, 1875 (which relates to sending lunatics to a workhouse), shall cease to apply as respects that county.<\/p>\n<p>(4) This section shall apply with the necessary modifications to a lunatic asylum district comprising two or more counties.<\/p>\n<p>Restriction on use of licensed premises for meetings, offices, &amp;c.<\/p>\n<p>77. Except in cases where no other suitable room is available either free of charge or at a reasonable cost, a district or county council, or any committee thereof, shall not hold a meeting on any licensed premises, nor shall such premises be used as an office of the council, or for any purpose of or incidental to the business of the council or of any officer of the council; and the expression \u201clicensed premises\u201d in this section means premises licensed for the sale of intoxicating liquor, and includes any club at which such liquor is sold.<\/p>\n<p>As to navigation trackways.<\/p>\n<p>36 &amp; 37 Vict. c. 34.<\/p>\n<p>78. A trackway on the bank of any navigable river within the meaning of the Grand Juries Act, 1873, shall without prejudice to the reasonable use thereof for any purpose connected with navigation, be a public highway, and shall continue to be maintainable as provided by that Act.<\/p>\n<h4>Relative position of district council and guardians.<\/h4>\n<p>79.\u2014(1) Where a rural district is co-extensive with a union\u2014<\/p>\n<p>(a) the district councillors shall, when exercising the duties of guardians, continue to be a board of guardians under their existing name, and when exercising the duties of a district council shall be a district council under the name given by or in pursuance of this Act; and<\/p>\n<p>(b) matters affecting the board of guardians shall not by reason only of the members thereof forming also a district council affect that council, and matters affecting the district council shall not by reason only of the members thereof forming also a board of guardians affect that board; and<\/p>\n<p>(c) the meetings and business of the board and council may be held and transacted at the same place; and<\/p>\n<p>(d) subject to the express provisions of this section the Local Government Board may make regulations as to the property held jointly or severally by the council and the board.<\/p>\n<p>(2) Where a rural district is comprised in but not coextensive with a union, the council for the district shall be entitled, under the prescribed conditions, to use the board-room and offices of the guardians of the union for their meetings and business, and if such board-room and offices are situate outside their district, to hire a board-room and offices.<\/p>\n<p>Imperative Presentments, Mandamus, and Duty of maintaining Works.<\/p>\n<p>Imperative presentments.<\/p>\n<p>54 &amp; 55 Vict. c. 48.<\/p>\n<p>80.[1] \u2014(1) Where the payment of a sum by any county or district council, or by the treasurer of such council or other officer of the council on behalf of the council, is ordered by a judge of assize under this or any other Act, or is required, either to comply with any enactment, or to meet either a judgment or decree of any competent court, or an order for the payment or collection of any money made by the Lord Lieutenant in pursuance of any Act, the treasurer of the council shall pay the same out of moneys under his control as such treasurer, and, if those are insufficient, out of the first moneys coming under his control as treasurer, and such payment may, to the extent of any such moneys, be enforced against such treasurer in like manner as it might be enforced against the council.<\/p>\n<p>(2) Where any such sum is due to the Crown or any Government department, the amount thereof may be deducted from any sums payable from the Local Taxation (Ireland) Account directly or indirectly to the council by whose treasurer the first mentioned sum is payable, and be paid into the Exchequer in discharge of that sum, and where the sum was due from a district council, the county council shall debit that district council with the amount so deducted: Provided that this enactment shall be without prejudice to the guarantee fund under the Purchase of Land (Ireland) Act, 1891.<\/p>\n<p>As to enforcing mandamus.<\/p>\n<p>81. Where a mandamus is issued by the High Court to any county or district council, and the council fail to comply therewith, the Court may appoint an officer, and confer on him all or any of the powers of the defaulting council which appear to the Court necessary for carrying into effect the mandamus.<\/p>\n<h4>Duty of county and district council to maintain works.<\/h4>\n<p>59 &amp; 60 Vict. c. 54.<\/p>\n<p>59 &amp; 60 Vict. c. 54.<\/p>\n<p>82.\u2014(1) It shall be the duty of every county and district council, according to their respective powers, to keep all public works maintainable at the cost of their county or district in good condition and repair, and to take all steps necessary for that purpose.<\/p>\n<p>(2) The council of a county, upon a proposal made by the council of a district in which any old road or public work is situate, or where the expenses of the maintenance of the road or work are levied wholly off the county then without such proposal, may, if the road or work appears to such county council to be useless, and they resolve so to do, stop up or abandon the road or work; but, if an objection by any ratepayer is lodged in the manner and within the time determined by an Order in Council under Part VI. of this Act, the said resolution shall be of no effect unless approved by the Local Government Board.<\/p>\n<p>(3) If any district council complain that a county council or any county council complain that a district council, have failed to perform any such duty as aforesaid, the complaining council may, without prejudice to any other remedy, appeal to the Local Government Board, and section fifteen of the Public Health Act, 1896, shall apply, with the necessary modifications, in like manner as where default is made by a sanitary authority.<\/p>\n<p>(4) Where a county council refuse at two successive quarterly meetings to approve of any new public work submitted by a rural district council, the cost of which is to be levied wholly off that district, or fail to execute such work, the rural district council may appeal to the Local Government Board, and if that Board consider that such new work ought to be executed, they may order the county council to execute the same, and, if the county council make default in complying with the order, section fifteen of the Public Health Act, 1896, shall apply with the necessary modifications in like manner as where default is made by a sanitary authority.<\/p>\n<p>(5) The provisions of the Grand Juries Acts with respect to memorials, other than memorials by a grand jury, shall be repealed, and the provisions of those and any other Acts with respect to traverse shall be repealed, so far as they relate to business transferred by this Act to county or district councils or the county court.<\/p>\n<p>Officers.<\/p>\n<h4>Officers of county.<\/h4>\n<p>28 &amp; 29 Vict. c. 26.<\/p>\n<p>57 &amp; 58 Vict. c. 57.<\/p>\n<p>83.\u2014(1) As respects the officers of the county council, the council of a county other than a county borough, subject to the provisions herein-after contained\u2014<\/p>\n<p>(a) shall appoint the secretary of the council (who shall act as the clerk of the council), the treasurer of the county (who shall be treasurer of the council), and the county surveyor or surveyors; and<\/p>\n<p>(b) may appoint such assistant surveyors and such further officers as they think necessary for the performance of the duties of the council;<\/p>\n<p>and every officer so appointed shall perform such duties and, subject (in the case of any officer whose salary can be fixed without the concurrence of the Local Government Board) to any statutory limits, be paid such remuneration as the council may assign to him.<\/p>\n<p>(2) A county council may provide for the performance by a deputy of the duties of any officer in case of his illness, absence, or incapacity, and anything required by law to be done by, to, or before the officer may, subject to the directions of the council, be done by, to, or before such deputy.<\/p>\n<p>(3) The county council may take from a treasurer, when a banking company, and shall take from any other officer who receives or pays any money on behalf of the council such security as may be approved by the Local Government Board.<\/p>\n<p>(4) Part of the payment to every county council out of the agricultural grant shall be deemed to be paid in respect of part of the salary of the secretary of the county council, and of the county surveyor, and of any assistant surveyor, and any such secretary or surveyor or assistant surveyor shall not be appointed or removed, nor shall his salary be fixed or altered, without the concurrence of the Local Government Board, and he shall have such qualifications (if any) as may be prescribed.<\/p>\n<p>(5) The Local Government Board shall also have the same power as regards collectors of the poor rate appointed by the county council and their accounts as they would have if those collectors had continued to be officers of the guardians.<\/p>\n<p>(6) Save as otherwise provided by this Act, the county council may remove any of their officers.<\/p>\n<p>(7) There shall be transferred from the clerk of the union to the secretary of the county council so far as respects rural districts, and to the clerk of the council of every county borough and urban county district so far as respects that borough or district, all powers and duties in relation to the registration of electors, or to jurors\u2019 lists.<\/p>\n<p>(8) The secretary of the county council (including in a county borough the town clerk) shall send to the Lord Lieutenant or the Local Government Board such returns and information as may from time to time be required by either House of Parliament or by that Board.<\/p>\n<p>(9) The Lord Lieutenant may, if he thinks fit, direct the assistant surveyors to be examined and their qualifications certified by the persons who examine, and certify the qualifications of, the county surveyor.<\/p>\n<p>(10) A paid officer in the permanent employment of a county council who is required to devote his whole time to such employment shall not be eligible to serve in Parliament.<\/p>\n<p>(11) The enactments relating to the superannuation of officers of boards of guardians shall, with the necessary modifications, apply to officers of county and rural district councils other than the county surveyor and any officer of a county borough, and the amount of any such superannuation shall be paid as expenses of the county or district council.<\/p>\n<p>(12) The law relating to the treasurers of counties and this section shall apply to the county of Dublin in like manner as to any other county.<\/p>\n<p>(13) Where a county surveyor, or any resident medical superintendent or assistant medical officer of a lunatic asylum, is appointed by a county council after the passing of this Act, and at the time of such appointment held a like office in another county or lunatic asylum, he shall, upon ceasing to hold office, be entitled, for the purpose of the enactments relating to superannuation, to reckon any previous service as county surveyor or as officer of a lunatic asylum which he might have reckoned if his service had been under the appointing council or committee.<\/p>\n<p>(14) This section shall be without prejudice to the provisions of this Act respecting existing officers, or to the powers of the Lord Lieutenant and Privy Council or the Lord Lieutenant under sections sixty-eight and sixty-nine of the Diseases of Animals Act, 1894.<\/p>\n<p>Officers of lunatic asylum.<\/p>\n<p>53 &amp; 54 Vict. c. 31.<\/p>\n<p>84.\u2014(1) Subject to the provisions herein-after contained, the county council acting through their committee\u2014<\/p>\n<p>(a) shall appoint for each lunatic asylum a resident medical superintendent and at least one assistant medical officer; and<\/p>\n<p>(b) may appoint such other officers as they consider necessary for the performance of their duties in relation to lunatic asylums,<\/p>\n<p>and every officer so appointed shall perform such duties and be paid such remuneration as the council may assign to him.<\/p>\n<p>(2) Every resident medical superintendent shall be a registered medical practitioner of not less than seven years standing, and shall have served for not less than five years as a medical officer or assistant medical officer in an asylum for the treatment of the insane, and every assistant medical officer shall be a registered medical practitioner.<\/p>\n<p>(3) The Pauper Lunatic Asylums (Ireland) (Superannuation) Act, 1890, shall apply to every officer of a lunatic asylum, save that all reference in that Act to the approval of the inspectors of lunatics or of the Lord Lieutenant shall be repealed.<\/p>\n<p>(4) The grant paid out of the Local Taxation (Ireland) Account for lunatics shall be deemed to be paid in respect of a part of the salary of any resident medical superintendent and assistant medical officer, and any such superintendent or medical officer shall not be appointed or removed, nor shall his salary be fixed or altered, without the concurrence of the Lord Lieutenant, and he shall have such qualifications (if any) as may be prescribed.<\/p>\n<p>(5) This section shall be without prejudice to the provisions of this Act respecting existing officers.<\/p>\n<p>Officers of rural district council and guardians and salary of medical officer of urban or rural district.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>85.\u2014(1) The clerk or treasurer of the union shall be the clerk or treasurer of the council of every rural district comprised in the union, except where the Local Government Board authorise such council to appoint a separate clerk or treasurer, in which case the council may appoint a clerk or treasurer, and in the case of the clerk with such salary as that Board approve.<\/p>\n<p>(2) The portion of the salary of the clerk of the union which is to be paid in respect of his duties as clerk of any rural district council shall be determined by the Local Government Board, and this sub-section shall apply with the necessary modifications to any other officer of a board of guardians who, by virtue of this Act, becomes also an officer of a rural district council.<\/p>\n<p>(3) Subject as aforesaid, the Local Government Board may make rules as to the employment of the same officers by the council of a rural district and the guardians of the union comprising that district.<\/p>\n<p>(4) The additional salary granted to the medical officer of a dispensary district by reason of his being (under section eleven of the Public Health Act, 1878) medical officer of health of any sanitary district shall be paid by the council of the latter district.<\/p>\n<h4>Obligation of county and other local officers, and their superannuation.<\/h4>\n<p>86. Where by or in pursuance of this Act, or any Order or rules made thereunder by the Lord Lieutenant in Council or the Local Government Board, any officer paid out of the poor rate or any other local rate or cess is required to perform any duty, make any return, give any information, or do any other thing, and wilfully fails or refuses so to do, he shall be liable, if sued by the county or district council or Local Government Board, to a fine not exceeding forty shillings, or, in the case of any continuing offence, not exceeding forty shillings a day during the continuance of the offence, and any such fine may be recovered as a Crown debt, or to an amount not exceeding one hundred pounds before a court of summary jurisdiction.<\/p>\n<p>Amendment of law as to superannuation of officers.<\/p>\n<p>55 &amp; 56 Vict. c. 42.<\/p>\n<p>87. An officer holding a pensionable office, whether the superannuation allowance is payable out of the poor rate, or any town rate, or other local rate, shall not be disqualified for receiving such an allowance by reason only of his having acted, whether before or after the passing of this Act, as an officer of a school attendance committee under the Irish Education Act, 1892.<\/p>\n<p>Amendments of Law.<\/p>\n<h4>Power of county borough council as to bicycles and other machines.<\/h4>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>88.\u2014(1) A council of a county borough may make regulations for regulating the use and speed of bicycles, tricycles, velocipedes, and other similar machines, in the streets and roads within the county borough, and the carrying of lights on such machines, and the warning of approach to be given by persons using the same, and for preventing any obstruction or danger being caused by the same, and the provisions of sections two hundred and nineteen to two hundred and twenty-three of the Public Health Act, 1878, with respect to byelaws, shall apply to all regulations made under this section as if the same were byelaws authorised by that Act.<\/p>\n<p>(2) Any person summarily convicted of offending against any regulations made under the powers by this section conferred shall, for each and every such offence, forfeit and pay any sum not exceeding forty shillings.<\/p>\n<h4>Licensing in county or city of Dublin of theatrical performances for charitable objects.<\/h4>\n<p>89.\u2014(1) Notwithstanding anything in the Act of Parliament of Ireland of the twenty-sixth year of the reign of King George the Third, chapter fifty-seven, intituled An Act for regulating the stage in the city and county of Dublin, the Lord Lieutenant may, on the application of the council for the county of Dublin or the county borough of Dublin, or of any urban district within the county of Dublin, grant an occasional licence for the performance of any stage play or other dramatic entertainment in any theatre, room, or building where the profits arising therefrom are to be applied for some charitable purpose or in aid of the funds of any society instituted for the purpose of science, literature, or the fine arts exclusively.<\/p>\n<p>(2) The licence may contain such conditions and regulations as appear fit to the Lord Lieutenant, and may be revoked by him.<\/p>\n<h4>Conversion of workhouse hospital into district hospital.<\/h4>\n<p>90.\u2014(1) A board of guardians, with the consent of the Local Government Board, may make regulations for\u2014<\/p>\n<p>(a) the conversion of their workhouse hospital into a district hospital; and<\/p>\n<p>(b) the transfer of the duties and powers of the guardians as regards such hospital and the administrative control thereof to a committee of hospital governors appointed by the guardians of whom two-thirds at least shall be members of the board; and<\/p>\n<p>(c) the payment and accommodation under which private patients may be admitted.<\/p>\n<p>(2) Subject to the regulations of the Local Government Board and to the powers of that Board with respect to guardians and their officers, the guardians, acting through the said committee, shall properly manage and maintain such district hospital, and may appoint and remove officers, and regulate expenditure, and may receive and apply for the benefit of such district hospital any endowments or subscriptions given by private persons for that purpose.<\/p>\n<p>(3) Subject to the general control of the guardians in respect of all moneys provided out of rates, the acts of the committee shall not require confirmation by the guardians.<\/p>\n<p>(4) The guardians shall have power to dissolve the committee at any time on giving six months notice of their intention so to do, but such dissolution shall not invalidate any act done by the committee before dissolution.<\/p>\n<p>As to leases to boards of guardians for dispensary houses.<\/p>\n<p>42 &amp; 43 Vict. c. 25.<\/p>\n<p>91. Notwithstanding anything in the eleventh section of the Dispensary Houses (Ireland) Act, 1879, a lease to a board of guardians made thereunder may be for any term which the owner has power to grant, not being less than sixty years.<\/p>\n<p>Amendment of 46 &amp; 47 Vict. c. 43. as to management of tramway.<\/p>\n<p>92. Where the undertaking of a company becomes or has become the property of a county council, pursuant to the provisions of the Tramways and Public Companies (Ireland) Act, 1883, or any Order in Council issued thereunder, the council may, with the approval of the Lord Lieutenant in Council, enter into an arrangement with any railway or tramway company with any of whose railways or tramways the said undertaking is connected, for the working of the said undertaking upon such terms as may be agreed upon.<\/p>\n<p>Amendment of 23 &amp; 24 Vict. c. 152. s. 38, as to tramways.<\/p>\n<p>93. Section thirty-eight of the Tramways (Ireland) Act, 1860, shall have effect as if the words \u201cof not less than two-thirds\u201d were omitted therefrom.<\/p>\n<p>Miscellaneous.<\/p>\n<p>Special provisions as to qualifications, elections, and retirement of councillors, guardians, commissioners, &amp;c., day of annual or borough quarterly meeting, and day for electing mayor or chairman, selecting sheriffs, &amp;c.<\/p>\n<p>39 &amp; 40 Vict. c. 76.<\/p>\n<p>94.\u2014(1) A person being in holy orders or being a regular minister of any religious denomination shall not be eligible as a county or district councillor.<\/p>\n<p>(2) So much of any enactment, whether public or local, as requires a member of the council of a borough, or of an urban or rural sanitary authority, or board of guardians, or commissioners of a town, to have any property qualification, or to have any other qualification than that of being a local government elector or resident as required by this Act, shall be repealed.<\/p>\n<p>(3) Any member of the council of a county or county district or board of guardians or commissioners of a town who, after the passing of this Act, is convicted of acting when disqualified, or of voting when prohibited, shall for a period of seven years after such conviction be disqualified for being elected or being a member of the same or any other such council, board, or commissioners.<\/p>\n<p>(4) Casual vacancies in the council of any county (not being a county borough) or in any rural district council shall be, as soon as may be, filled by the council.<\/p>\n<p>(5) Casual vacancies among the guardians elected for any electoral division in a county borough or urban county district may be filled by the board of guardians.<\/p>\n<p>(6) Outside a county borough the elections of county and rural district councillors shall be held together, and each district electoral division shall, unless the Local Government Board on the representation of the county council otherwise direct, be a polling district, and such direction, if given, may authorise the poll for a councillor for a district electoral division to be taken outside that division, if it is taken within the county electoral division comprising it.<\/p>\n<p>(7) The ordinary day of election of such councillors shall be the first day of June, or such day not more than seven days earlier or later than that day as may be fixed by the county council with respect to their county, and the day of the annual meeting and ordinary day of election of the chairman and vice-chairman of a rural district council shall be the fifth day, and of a county council the twelfth day, next after the said day of election of councillors.<\/p>\n<p>(8) Outside a county borough the old county and rural district councillors shall retire, and the newly elected councillors shall come into office, on the day next after the said day of election of councillors, which day shall be the ordinary day of retirement of councillors.<\/p>\n<p>(9) In the case of the council of an urban district other than a borough, and of the commissioners of a town, the ordinary day of election of councillors and commissioners shall be the fifteenth day of January, and the day of the annual meeting and ordinary day of election of the chairman and vice-chairman of the council or commissioners shall be the twenty-third day of January, and such chairman or vice-chairman shall come into office as soon as he has made the declaration accepting the office.<\/p>\n<p>(10) In the case of the council of a borough, the ordinary day of election of councillors and aldermen shall be the fifteenth day of January, and the quarterly meeting of the council shall be held at noon on the twenty-third day of January, and at such hour on such other three days before the fifteenth day of January then next following, as the council at the quarterly meeting in January decide.<\/p>\n<p>(11) The first business transacted at the said quarterly meeting in January shall be the election of the mayor, and the outgoing mayor shall retire and the newly elected mayor shall come into office on the ordinary day of retirement of the mayor, or as soon after as the new mayor has made a declaration accepting the office, and the ordinary day of retirement of the mayor shall be the day of the said quarterly meeting, or, if the council have by a general resolution so directed, the following twenty-third day of February.<\/p>\n<p>(12) In a county of a city or town, the selection of three persons qualified to fill the office of sheriff shall be part of the business transacted at the said quarterly meeting in January, and the day of that meeting and the twenty-third day of February shall respectively be substituted for the first day of December and the first day of January in sections three and four of the Municipal Privilege (Ireland) Act, 1876, and the day next before the day of the said quarterly meeting shall be substituted for the thirtieth day of November in section five of the said Act.<\/p>\n<p>(13) In the case of the council of any borough or other urban district, or the commissioners of any town, the outgoing aldermen, councillors, and commissioners shall retire, and the newly elected aldermen, councillors, and commissioners shall come into office on the sixteenth day of January, and that day shall be the ordinary day of retirement of aldermen, councillors, and commissioners.<\/p>\n<p>(14) The fact that an outgoing mayor, chairman, alderman, councillor, or commissioner has ceased, upon the new register of local government electors coming into force on the previous first day of January, to be a local government elector shall not disqualify him for continuing in office until the above-mentioned ordinary day of retirement of mayor, chairman, alderman, councillor, or commissioner, as the case may be, and also, if he is a mayor or chairman and a new mayor or chairman has been elected, until that new mayor or chairman has made a declaration accepting the office.<\/p>\n<p>(15) Where any members of a joint committee or joint board are appointed by any county or district council, whether under this or any other Act or an Order in Council, and the council are elected triennially, the members appointed by such council who are in office at the date of any triennial election shall continue to be members of such joint committee or board until the day after the first meeting of the newly elected council, and the consideration of the appointment of such members shall be part of the business at the said meeting after the election of mayor or chairman.<\/p>\n<p>(16) The scale of expenses of any election shall require the approval of the Local Government Board.<\/p>\n<h4>Position of chairman as justice of the peace.<\/h4>\n<p>95.\u2014(1) A chairman of any county or district council, or of any commissioners, who is by virtue of this Act a justice of the peace, and has been re-elected to the said office of chairman on the expiration or other determination of a previous term of office, may continue to act as a justice of the peace without again taking the oaths required by law to be taken by a justice of the peace.<\/p>\n<p>(2) Every such chairman who is by virtue of this Act a justice of the peace shall, in his capacity of justice but not otherwise, notwithstanding anything in the other provisions of this Act, be subject to the same restrictions, disqualifications, and power of removal by the Lord Chancellor, as any other justice of the peace.<\/p>\n<h4>As to rate books and lists of voters and jurors.<\/h4>\n<p>14 &amp; 15 Vict. c. 99.<\/p>\n<p>1 &amp; 2 Vict. c. 56.<\/p>\n<p>34 &amp; 35 Vict. c. 65.<\/p>\n<p>57 &amp; 58 Vict. c. 49.<\/p>\n<p>96.\u2014(1) The secretary of every county council and the clerk of every urban district council shall, within the prescribed time after making a poor rate, send, without payment, to every board of guardians for a union wholly or partly situate within the county of district, a copy, certified by such secretary or clerk to be a true copy, of so much of the rate book containing the said poor rate as relates to the union, and the Evidence Act, 1851, shall apply as if the copy were a certified copy within the meaning of that Act, and every person shall have the same right to inspect and take copies or extracts from the said copy as he would have if it were a poor rate, and section seventy of the Poor Relief (Ireland) Act, 1838, and any other enactment relating to such inspection, copies, or extracts, shall apply accordingly.<\/p>\n<p>(2) Every county council shall arrange by contract for all printing, whether of lists, forms, registers, or otherwise, required in connexion with the Registration Acts, or with the Juries (Ireland) Acts, 1871 to 1894, whether such printing is required by the secretary of the council, or any clerk of the peace, clerk of a union, or town clerk, and the said printing shall be done in accordance with the contract so made, and not otherwise, unless in any exceptional case the county council for special reasons so permit.<\/p>\n<p>(3) Every such contract shall be made in like manner and the like tenders shall be obtained in like manner, so nearly as circumstances admit, as in the case of a public work the expenses of which are leviable off the county at large.<\/p>\n<p>Adaptation of Acts as to the persons entitled to petition for charter, &amp;c. as to voting on adoption of Act, and as to qualification of town commissioner.<\/p>\n<p>97.\u2014(1) The local government electors of any town or other area shall be the persons entitled to vote at the election of commissioners of the town, or to petition for a provisional or other order in relation to the government of the town or area, or for a charter, or to petition, present a memorial, or vote, respecting the adoption of any Act or enactment capable of being adopted for such town or area, and shall be so entitled in substitution for the persons who, under any enactment, are entitled so to petition or vote, except where the persons so entitled are a council elected under this Act.<\/p>\n<p>(2) Where a poll is taken with reference to such adoption, it shall be taken by ballot, in accordance as near as may be with the ballot taken at the election of a council under this Act.<\/p>\n<p>(3) A person shall not be qualified to be elected or to be a commissioner of a town unless he is a local government elector for such town, or has during the whole twelve months preceding the election resided and continues to reside in the town.<\/p>\n<p>Registration of electors.<\/p>\n<p>48 &amp; 49 Vict. c. 23.<\/p>\n<p>48 &amp; 49 Vict. c. 23.<\/p>\n<p>61 &amp; 62 Vict. c. 2.<\/p>\n<p>40 &amp; 41 Vict. c. 37.<\/p>\n<p>61 &amp; 62 Vict. c. 2.<\/p>\n<p>98.\u2014(1) The local government register of electors shall be completed, and on sale to the public, and come into operation on the same day as the parliamentary register of electors, and shall continue in force for the same period.<\/p>\n<p>(2) In a district electoral division comprised in a parliamentary borough in which, prior to the passing of this Act, the freeholders voted for the parliamentary county and not for the parliamentary borough, the names of the freeholders, that is to say, the persons entitled in respect of a freehold, leasehold, or copyhold qualification within the parliamentary borough, shall be entered in a separate list, and that list shall form part of the local government supplement in the said division; but nothing in this enactment shall alter the right of such freeholders to vote for the parliamentary county, or confer on them a right to vote at a parliamentary election for the parliamentary borough.<\/p>\n<p>(3) A person registered as a freeman in a parliamentary borough shall be entitled to vote as a local government elector\u2014<\/p>\n<p>(a) if his place of abode is in the borough, then in the electoral division in which that place of abode is situate; and<\/p>\n<p>(b) if his place of abode is not in the borough (in this Act referred to as a non-resident freeman), then in the electoral division to which he is allotted by the revising barrister;<\/p>\n<p>and shall not be entitled in respect of the qualification of freeman to vote elsewhere than in such electoral division, and the registration of electors shall be conducted, and the register arranged, so as to give effect to this enactment.<\/p>\n<p>(4) The non-resident freemen shall be allotted among the several district electoral divisions of the borough in proportion, as nearly as may be, to the number of electors in each electoral division, and shall be so allotted in like manner as is provided by section fourteen of the Redistribution of Seats Act, 1885, with respect to the allotment of non-resident freemen among the several divisions of a parliamentary borough.<\/p>\n<p>(5) Where an electoral division is situate partly within and partly without a parliamentary borough this section shall apply to each divided part as if it were an electoral division.<\/p>\n<p>(6) Where the non-resident freemen have been allotted among the divisions of a parliamentary borough in manner provided by section fourteen of the Redistribution of Seats Act, 1885, the provisions of this section shall apply as if each such division were a parliamentary borough.<\/p>\n<p>(7) Rules under the Registration (Ireland) Act, 1898, may be made for carrying into effect the provisions of this Act with respect to local government electors, and in particular for adapting the Registration Acts to the provisions of this Act and Orders in Council made thereunder[1] ; and so much of the said Act of 1898 as requires the rules to be made before the end of the year one thousand eight hundred and ninety-eight, shall be repealed.<\/p>\n<p>(8) For the purpose of section twenty-one of the County Officers and Courts (Ireland) Act, 1877, the Registration (Ireland) Act, 1898, and this Act shall be deemed to be Acts relating to the registration of voters.<\/p>\n<p>(9) The sums payable to the Exchequer under the Registration (Ireland) Act, 1898, shall be paid by the several county councils in lieu of the guardians.<\/p>\n<p>(10) In this Act, and in every Act hereafter passed, the expression \u201clocal government register of electors\u201d shall, unless the context otherwise requires, mean, as respects any county or borough, district, electoral division, ward, or other area in Ireland, the register of parliamentary electors, or the portion of that register which relates to such county or borough, district, electoral division, ward, or other area, together with the local government supplement.<\/p>\n<p>Provisions as to ballot boxes, &amp;c. at elections.<\/p>\n<p>99.\u2014(1) Ballot boxes, fittings, and compartments shall be provided and kept for each county and county district and for each electoral division of a union situate in an urban district, at the expense of the rates of such county, district, or union, and may be used free of charge at any parliamentary election for any county or parliamentary borough comprising the whole or any part of such county, district, or union, and any damage other than reasonable wear and tear caused to the same shall be paid as part of the expenses of the election in which they are so used.<\/p>\n<p>(2) It shall be the duty of the returning officer at any such parliamentary election to make use, so far as practicable, of the ballot boxes, fittings, and compartments provided in pursuance of this section, or otherwise the property of any county or district council, and the court upon taxation of his accounts shall have regard to the provisions of this section.<\/p>\n<p>As to contracts in writing by county and district councils.<\/p>\n<p>100. Any contract in writing, which if made by private persons would not by law be required to be made under seal, may, if made by a county or district council, and if the subject matter thereof does not exceed fifty pounds in value, be made under the hand of any two councillors acting by the direction and on behalf of the council.<\/p>\n<p>Powers of Lord Lieutenant and Local Government Board.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>101.\u2014(1) Nothing in this Act shall affect any powers of the Local Government Board with respect to guardians or the officers of guardians; and that Board may, on the application of any council, exercise in relation to the council and the officers of the council all such powers of holding inquiries on oath and deputing any officer of the Board to attend at the meetings of the council as they are by law empowered to exercise in the case of guardians and their officers.<\/p>\n<p>(2) Where the Lord Lieutenant or the Local Government Board is authorised to make an order under this Act, such order may be enforced by mandamus.<\/p>\n<p>(3) Any difference which under any enactment applied by an Order in Council under this Act can be referred to the High Court may, if the parties to such difference so agree, be referred to and decided by the Local Government Board.<\/p>\n<p>(4) A Provisional Order made under this Act shall be of no effect until confirmed, and, save as otherwise provided, until confirmed by Parliament, and sections two hundred and fourteen and two hundred and fifteen of the Public Health Act, 1878, shall, with the necessary modifications, apply for the purpose of any such Order.<\/p>\n<p>As to constitution of Local Government Board.<\/p>\n<p>102.\u2014(1) Any act to be done or instrument to be executed by or on behalf of the Local Government Board may be done or executed in the name of that Board by the president, or by the under secretary to the Lord Leiutenant, or by the vice-president, or by any person appointed by the president or vice-president to act on behalf of the vice-president.<\/p>\n<p>(2) A rule, order, or regulation made by the Local Government Board shall be valid if it is made under the seal of the Board and signed by any of the above-mentioned persons.<\/p>\n<p>(3) Every document purporting to be a rule, order, or regulation of the Local Government Board, and to be sealed and signed as above mentioned, shall be received in evidence, and be deemed to be a rule, order, or regulation duly made by the Board, unless the contrary is shown.<\/p>\n<p>(4) The Local Government Board may distribute the business of the Board among the several members thereof in such manner as the Board may think right.<\/p>\n<p>(5) The President of the Local Government Board may appoint an inspector or auditor of the Board or other person to be temporarily a commissioner of the Board for the purpose of aiding in the additional work of the Board in bringing this Act into operation and in carrying it into effect and superintending the working thereof during a limited period. Such appointment shall be in the first instance for one year after the passing of this Act, but may, with the consent of the Treasury, be continued from year to year for a total term not exceeding five years after the passing of this Act.<\/p>\n<p>(6) There shall be paid to the temporary commissioner, out of moneys provided by Parliament, such sum as the Treasury may sanction, not exceeding together with any other remuneration received by him the remuneration paid to a commissioner of the Board.<\/p>\n<p>Appeal Commission.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>103.\u2014(1) If within six months after an order of the Local Government Board is made under Part Four of this Act with respect to county boundaries a petition against the order, so far as it affects any county, is presented to the Local Government Board by the council or grand jury for the county, or by any sanitary authority, district council, or guardians, in the county, or by not less than one hundred parliamentary electors for the county, the order so far as it relates to that county shall be referred to the Appeal Commission in this Act mentioned, and after that Commission have held such inquiry as they think necessary, and given an opportunity of being heard to all parties concerned who apply within the prescribed time to be heard, may be annulled or varied by order of that Commission, and that order of the Commission shall after it comes into operation have effect as if made by the Local Government Board under this Act.<\/p>\n<p>(2) The order of the Commission shall not, unless it otherwise provides, come into operation until the second election of the county council, and if it so otherwise provides, the Commission shall by the same or any subsequent order make such arrangements respecting county and district councils and boards of guardians and the members thereof, and respecting all other matters, as appear necessary or expedient for bringing the order into operation at the earlier date, and for that purpose may make the like provisions as are authorised by or in pursuance of this Act to be made by the Local Government Board.<\/p>\n<p>(3) Where any other provision of this Act provides for an appeal to the Appeal Commission, the foregoing provisions of this section shall apply with the necessary modifications.<\/p>\n<p>(4) The Appeal Commission shall consist of the Vice-President of the Local Government Board and four other commissioners, of whom two at least shall be members of the Commons House of Parliament, appointed by the Lord Lieutenant.<\/p>\n<p>(5) Any vacancy arising among any such four commissioners, whether by death, resignation, incapacity, or otherwise, may be filled by the Lord Lieutenant; and the Lord Lieutenant may appoint any member of the Local Government Board to take the place of the Vice-President in case of his illness or unavoidable absence.<\/p>\n<p>(6) For the purposes of any inquiry, an Appeal Commissioner shall have the same powers as an inspector of the Local Government Board when holding an inquiry under the Public Health Act, 1878; and the Commission shall have the same power respecting costs as is given to the Local Government Board by section two hundred and ten of that Act.<\/p>\n<p>(7) [1] Any expenses of the Appeal Commission and of any officer assigned by the Local Government Board to assist the Commission shall be defrayed in like manner as the remuneration of officers appointed by the Board for carrying this Act into effect is directed by Part Eight of this Act to be defrayed.<\/p>\n<p>(8) Any act of the Appeal Commission may be signified by any three of the commissioners under their hands.<\/p>\n<p>Part VI.<\/p>\n<h4>Orders and Rules.<\/h4>\n<p>[Ss. 104\u2013107, empowering the Lord Lieutenant by Order in Council, to be made before dates now past, to apply English and Scottish and adapt Irish enactments and to regulate the procedure of councils, rep. 8 Edw. 7. c. 49 (S.L.R.). See \u201cThe Local Government (Application of Enactments) Order, 1898\u201d (made under s. 104), which, as amended by the Local Government (Ireland) Acts, 1900 and 1902 (63 &amp; 64 Vict. c. 63; 2 Edw. 7. c. 38), is printed in Stat. Rules and Orders Rev. 1904, VII. \u201cLocal Government, I.,\u201d pp. 6&amp;#x2013;39; \u201cThe Local Government (Adaptation of Irish Enactments) Order, 1899\u201d (made under s. 105), printed in Stat. Rules and Orders Rev. 1904, VII. \u201cLocal Government, I.\u201d pp. 40&amp;#x2013;102; and the Local Government (Procedure of Councils) Order, 1899 (made under s. 106) (Stat. Rules and Orders, 1899, No. 43), which was in 1905 reprinted as amended by Provisional Orders of 1901 and 1905, confirmed respectively by 1 Edw. 7. c. cxli, and 5 Edw. 7. c. lxxxii.]<\/p>\n<h4>Rules and Provisional Orders by Local Government Board.<\/h4>\n<p>108.\u2014(1) The Local Government Board may make rules\u2014<\/p>\n<p>(a) for carrying into effect the provisions of Part Three of this Act so far as regards councils and guardians and their officers; and in particular for regulating\u2014<\/p>\n<p>(i) the communication by rural district councils and guardians to county councils and by county councils to urban district councils, of the amounts respectively required to be raised in each local financial year or any part thereof; and<\/p>\n<p>(ii) the estimates to be made by district councils or guardians or their officers of their receipts and expenditure in each local financial year; and<\/p>\n<p>(b) for regulating any matter authorised by this Act to be prescribed or to be regulated by rules of the Local Government Board; and<\/p>\n<p>(c) generally for carrying into effect this Act, so far as the Lord Lieutenant in Council is not authorised to make provision for that purpose.<\/p>\n<p>(2) The Local Government Board may make Provisional Orders for adapting any local Act to the provisions of this Act and of any Order in Council made thereunder.<\/p>\n<p>Part VII.<\/p>\n<h4>Definitions, Short Title, and Repeals.<\/h4>\n<p>Interpretation of certain terms in the Act.<\/p>\n<p>9 Geo. 4. c. 82. 17 &amp; 18 Vict. c. 103.<\/p>\n<p>48 &amp; 49 Vict. c. 17.<\/p>\n<p>11 &amp; 12 Vict. c. 32.<\/p>\n<p>51 &amp; 52 Vict. c. 60.<\/p>\n<p>56 Geo. 3. c. 87.<\/p>\n<p>58 &amp; 59 Vict. c. 8.<\/p>\n<p>41 &amp; 42 Vict. c. 52.<\/p>\n<p>59 &amp; 60 Vict. c. 54.<\/p>\n<p>42 &amp; 43 Vict c. 25.<\/p>\n<p>52 &amp; 53 Vict. c. 63.<\/p>\n<p>1 &amp; 2 Vict. c. 56.<\/p>\n<p>109.\u2014(1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>The expression \u201cunion\u201d means a poor law union:<\/p>\n<p>The expression \u201cborough\u201d means a municipal borough having a town council:<\/p>\n<p>The expression \u201ctown\u201d means the area comprised in any town or township having commissioners under the Lighting of Towns (Ireland) Act, 1828, or the Towns Improvement (Ireland) Act, 1854, or under any local Act:<\/p>\n<p>The expression \u201cmayor\u201d includes a lord mayor:<\/p>\n<p>The expression \u201cguardians\u201d means a board of guardians:<\/p>\n<p>The expression \u201cpresentment sessions\u201d includes road sessions and special road sessions:<\/p>\n<p>The expressions \u201clocal authority\u201d and \u201cauthority\u201d respectively include a grand jury and presentment sessions:<\/p>\n<p>The expression \u201cLocal Government Board\u201d means the Local Government Board for Ireland:<\/p>\n<p>The expression \u201cBoard of Control for lunatic asylums\u201d means the Commissioners for General Control and Correspondence, and for the superintending and directing the erection, establishment, and regulation of asylums for the lunatic poor in Ireland:<\/p>\n<p>The expression \u201cCommissioner of Valuation\u201d means the Commissioner of Valuation and Boundary Surveyor:<\/p>\n<p>The expression \u201cjudge of assize\u201d shall, as respects the county of Dublin, or the county of the city of Dublin, mean the High Court or any judge thereof:<\/p>\n<p>The expression \u201crevising barrister\u201d has the same meaning as in the Parliamentary Registration (Ireland) Act, 1885:<\/p>\n<p>The expression \u201chigh constable or collector of a barony\u201d includes a collector for a district of a barony appointed under the County Cess (Ireland) Act, 1848:<\/p>\n<p>The expression \u201cLocal Taxation (Ireland) Account\u201d has the same meaning as in the Probate Duties (Scotland and Ireland) Act, 1888:<\/p>\n<p>The expression \u201croad\u201d includes any bridge, pipe, arch, gullet, fence, railing, or wall forming part of such road:<\/p>\n<p>The expression \u201cpublic work\u201d means any road or work in respect of which, under the Grand Juries Acts, a presentment might but for this Act be made by any presentment sessions for a barony or county at large or any grand jury:<\/p>\n<p>The expression \u201cmaintenance,\u201d when used in relation to any road or public work, includes the reasonable improvement and enlargement of such road or work:<\/p>\n<p>The expression \u201clunatic asylum\u201d means an asylum for the lunatic poor under the Lunatic Asylums Acts:<\/p>\n<p>The expression \u201clandlord,\u201d when used with reference to land or other hereditaments, means the immediate lessor or other person receiving rent in respect of such land or hereditaments:<\/p>\n<p>The expression \u201cholding\u201d means any house or land or house and land held by a tenant of a landlord for the same term and under the same contract of tenancy:<\/p>\n<p>The expression \u201crateable value,\u201d when used in relation to any hereditament or area, means the annual rateable value under the Valuation Acts of such hereditament, or of all the hereditaments comprised in such area:<\/p>\n<p>The expression \u201clocal government electors\u201d means as respects any county or borough, district, electoral division, ward, or other area, the persons for the time being registered in the local government register of electors in respect of qualifications within such county, district, division, borough, ward, or other area:<\/p>\n<p>The expression \u201cprescribed\u201d means prescribed by the Local Government Board:<\/p>\n<p>The expression \u201cexisting\u201d means, as respects any officer, an officer holding office on the last day of March one thousand eight hundred and ninety-eight, and also on the appointed day, and in any other case existing at the time specified in the enactment in which the expression is used, and if no such time is expressed, then at the appointed day for the coming into operation of such enactment:<\/p>\n<p>The expression \u201cpowers\u201d includes rights, jurisdiction, capacities, privileges, and immunities:<\/p>\n<p>The expression \u201cduties\u201d includes responsibilities and obligations:<\/p>\n<p>The expression \u201cpowers and duties\u201d includes all powers and duties conferred or imposed by or arising under any local Act:<\/p>\n<p>The expression \u201coffice\u201d includes any office, situation, or employment, and the expression \u201cofficer\u201d shall be construed accordingly:<\/p>\n<p>The expression \u201cpensionable office\u201d means an office coming within the provisions of any Act authorising the grant of a superannuation allowance:<\/p>\n<p>The expression \u201clocal financial year\u201d means the twelve months ending the thirty-first day of March:<\/p>\n<p>The expression \u201cRegistration Acts\u201d means the Acts and enactments relating to the registration of parliamentary voters in Ireland:<\/p>\n<p>The Grand Juries (Ireland) Acts, 1816 to 1895, are in this Act referred to as the Grand Juries Acts, and each of them is in this Act referred to as the Grand Juries Act of the year in which it was passed:<\/p>\n<p>The expression \u201cLunatic Asylum Acts\u201d means the Acts specified in Part Two of the First Schedule to this Act:<\/p>\n<p>The Public Health (Ireland) Acts, 1878 to 1896, are in this Act referred to as the Public Health Acts, and each of them is in this Act referred to as the Public Health Act of the year in which it was passed:<\/p>\n<p>The expression \u201cMedical Charities Acts\u201d means the Acts so defined by the Dispensary Houses (Ireland) Act, 1879, and includes the last-mentioned Act:<\/p>\n<p>The expression \u201cValuation Acts\u201d means the Acts specified in Part Three of the First Schedule to this Act:<\/p>\n<p>The expression \u201cDublin Metropolis Police Acts\u201d means the Acts specified in Part Five of the First Schedule to this Act.<\/p>\n<p>Each of the Acts relating to the Dublin collection of rates specified in Part Four of the First Schedule to this Act is in this Act referred to by the short title in that schedule mentioned.<\/p>\n<p>(2) For the purposes of the Interpretation Act, 1889, this Act shall be deemed to be an Act amending the Poor Relief (Ireland) Act, 1838.<\/p>\n<h4>Extent of Act, short titles, and repeal.<\/h4>\n<p>110.\u2014(1) This Act shall extend to Ireland only, and may be cited as the Local Government (Ireland) Act, 1898.<\/p>\n<p>(2) [Repeal of Acts.]<\/p>\n<p>(a) any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactments in this Act:<\/p>\n<p>(b) the existing rules of the Lord Lieutenant in Council under the Lunatic Asylum Acts shall continue in force in every county and lunatic asylum district until the first regulations under this Act in respect of that county or district come into force, and upon any such regulations coming into force, the said rules shall cease as respects that county or district.<\/p>\n<p>(3) The[1] order of the Lord Lieutenant in Council relating to the division of Tipperary may be varied by the Lord Lieutenant in Council, so as to bring the same into conformity with this Act and with the Orders in Council made in pursuance of this Act, but otherwise shall continue in force.<\/p>\n<p>(4) Any other enactments of any Act, whether general or local, touching any business transferred to county or district councils or the county court by this Act, so far as they relate to any fiat or other sanction of a judge, court, or recorder, or relate to traverses or memorials other than memorials by a grand jury, shall be repealed.<\/p>\n<p>Part VIII.<\/p>\n<p>Transitory Provisions.<\/p>\n<p>[Ss. 111\u2013114 (First Elections and Councils) rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>Existing Officers.<\/p>\n<p>Provision for interests of existing officers.<\/p>\n<p>59 &amp; 60 Vict c. 41.<\/p>\n<p>7 &amp; 8 Vict. c. 106.<\/p>\n<p>51 &amp; 52 Vict. c. 41.<\/p>\n<p>115.\u2014(1) Where the business of any authority is transferred by or in pursuance of this Act to any county or district council, the existing officers of that authority employed in that business, and not in any other business of that authority, shall become the officers of the council of that county or district in like manner, subject to the provisions of this section, as if they had been appointed by that council; and for the purpose of this section any secretary of the grand jury, county treasurer, county surveyor, assistant surveyor, county solicitor, public analyst for a county, and a high constable and collector or collector of a barony, and a deputy collector duly appointed under section one hundred and forty-eight of the Grand Juries Act, 1836, and also any deputy of the county treasruer or secretary of the grand jury, appointed with the approval of the Lord Lieutenant, who has devoted his whole time to his office, shall be deemed to be an officer of the grand jury, and the existing officers of every lunatic asylum shall be deemed to be existing officers of the governors and directors of that asylum; and every existing officer of the grand jury of a county shall be transferred to the council of the county, and not to the council of any urban county district.<\/p>\n<p>(2) The foregoing provisions of this section shall apply to a county of a city or town; but, if it does not become a county borough, any existing officer of the grand jury shall become the officer of the council of the county at large of which such county of a city or town will by virtue of this Act form part.<\/p>\n<p>(3) For the purpose of the enactments relating to super-annuation, the service of any existing officer of any authority before the transfer to a county or district council shall be reckoned as service under that council, and the service of any existing secretary as assistant or deputy secretary in the same county shall be reckoned as part of his service.<\/p>\n<p>(4) Any existing secretary of the grand jury, unless he dies or resigns, or is removed with the concurrence of the Local Government Board, shall become and continue the secretary of the county council up to the last day of March nineteen hundred, and may then, if he has given three months\u2019 previous notice in writing to the county council of his intention to retire, retire from office, and shall thereupon be entitled to receive an allowance under this Act of the same amount as if his office were abolished.<\/p>\n<p>(5) The county council may by notice given three months next before the said last day of March require such secretary to retire, and if they do so without the concurrence of the Local Government Board he shall be entitled to the same compensation under this Act as if his office were abolished.<\/p>\n<p>(6) If at any time after the said last day of March such secretary retires voluntarily, he shall be entitled to receive from the county council a superannuation allowance on the scale provided by the Acts and rules relating to Her Majesty\u2019s Civil Service, and the amount of such allowance in case of dispute shall be determined by the Treasury.<\/p>\n<p>(7) If at any time before the said last day of March such secretary satisfies the Local Government Board that he is unable, through age or infirmity, to discharge the duties of his office under this Act, he may retire from office, and shall thereupon be entitled to receive an allowance under this Act of the same amount as if his office were abolished.<\/p>\n<p>(8) The secretary of the grand jury of the county of Tipperary shall become the secretary of the council of each riding of such county, and the foregoing provisions of this section shall apply as if he were separately the secretary of each such council, and the proportion of the remuneration, allowance, or compensation, to be paid by each riding shall in default of agreement be determined by the Local Government Board.<\/p>\n<p>(9) An existing officer of the grand jury of any county of a city or town, who by this Act becomes the officer of the council of the county at large of which such county of a city or town will form part, shall perform under the like officer of the council of that county at large the like duties as he has hitherto performed as respects the county of a city or county of a town, but in other respects the foregoing provisions of this section with respect to the like officer of a grand jury of a county at large shall apply to him.<\/p>\n<p>(10) Every county council shall, within six weeks after their first meeting, submit to the Local Government Board a scheme[1] setting forth their arrangements for the collection of the poor rate, and the [2] officers they propose to employ for the purpose, and the names and descriptions of the existing officers transferred to the county council by this Act (whether high constables and collectors, or collectors of a barony, or deputy collectors, or poor rate collectors of the guardians, or deputy collectors of such poor rate collectors, where such deputy collectors devote their whole time to the work of rate collection) whom they propose to employ as officers under such scheme, and the scheme shall not authorise the employment of officers not transferred to or previously employed by the council if sufficient existing officers have expressed their willingness to serve.<\/p>\n<p>(11) The scheme shall provide for the existing[2] officers employed under the scheme receiving remuneration substantially identical with that which they formerly received.<\/p>\n<p>(12) An existing officer who can be employed under the scheme\u2014<\/p>\n<p>(a) if he holds a pensionable office, and has within the prescribed time notified his willingness to serve, shall, if he is not continued by the scheme as an officer of the county council, be entitled to receive from the county council the same compensation under this Act as if his office were abolished; and<\/p>\n<p>(b) if he holds a pensionable office, and has not within the prescribed time expressed his willingness to serve, and is not continued by the scheme as an officer of the county council, shall be entitled to receive from the county council a gratuity; and<\/p>\n<p>(c) if he does not hold a pensionable office, and either within the prescribed time expresses his unwillingness to serve, or is not continued by the scheme as an officer of the county council, shall be entitled to receive from the county council a gratuity.<\/p>\n<p>(13) Every such gratuity shall be according to the scale in Part One of the Seventh Schedule to this Act: Provided that, until the expiration of not less than twelve months after receiving a gratuity under that schedule, an officer shall not be qualified to be appointed to any office under the county council, unless he refunds to the county council the gratuity. Of such gratuity, one-half shall be repaid to the county council out of the moneys standing to the Local Taxation (Ireland) Account by virtue of the Local Taxation (Ireland) Estate Duty Act, 1896, and the half of any gratuity so refunded shall be repaid by the council to that account.<\/p>\n<p>(14) For the purpose of the foregoing enactments a person appointed collector under the County Dublin Grand Jury Act, 1844, shall be deemed to hold a pensionable office.<\/p>\n<p>(15) The Local Government Board may approve any such scheme with or without modifications; and all officers employed in pursuance of the scheme shall be deemed to be poor rate collectors appointed by the county council within the meaning of this Act.<\/p>\n<p>(16) If in the case of any officer the area in which his duties are required to be performed is, by reason of any alteration of any boundary by or in pursuance of or for the purposes of this Act, increased or diminished, the officer shall be bound to perform his duties in such altered area.<\/p>\n<p>(17) If, by reason of a change made within six months after the passing of this Act in the boundaries of a union or dispensary district, the office of any existing dispensary doctor becomes in the opinion of the Local Government Board unnecessary, that office shall be deemed to be abolished within the meaning of the enactment applied by this Act; and any compensation payable to him shall be paid by the guardians of the unions which comprise his former district in such proportion as may be agreed upon, or in default of agreement be determined by the Local Government Board.<\/p>\n<p>(18) Subject to the provisions of this Act, every existing officer transferred under this section shall hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same or analogous duties shall receive not less remuneration than heretofore; and if, by reason of any alteration of boundary or other thing done by or in pursuance of this Act, his duties are increased or diminished, the officer shall be bound to perform those duties, and shall receive such increase or diminution of remuneration in proportion to the increase or diminution of his duties as the Local Government Board may determine, subject nevertheless in case of diminution to such compensation as is provided by this Act; provided that any county or district council may, subject to the approval of the Local Government Board, make a special agreement with any of such existing officers respecting the terms and conditions on which he may continue to hold his office, and the remuneration which he shall receive therefor.<\/p>\n<p>(19) [1] Section one hundred and twenty of the Local Government Act, 1888, set out in Part Two of the Seventh Schedule to this Act (which relates to compensation to existing officers), shall apply in the case of existing officers affected by this Act, who are remunerated out of the cess or rate raised in any county or district, or in an urban district out of any borough or corporate fund, whether officers above in this section mentioned or not, and references in the said section one hundred and twenty to the county council shall include references to a district council; and if any officer transferred by this Act to a council who can be removed without the concurrence of the Local Government Board or the Lord Lieutenant (and is not a banking company) is within five years from the date of the transfer removed from his office for any cause other than misconduct or incapacity, his office shall be deemed to have been abolished within the meaning of the said section.<\/p>\n<p>(20) Any difference as to the council to whom an officer is transferred by this Act shall, in the absence of agreement, be determined by the Local Government Board.<\/p>\n<p>(21) All expenses incurred by any council in pursuance of this section shall be paid as expenses of the execution of this Act, and in the case of a county council may, if the county council, with the consent of the Local Government Board, so direct, be defrayed as district charges.<\/p>\n<p>(22) The provision of a gratuity by a council to any existing officer under this Act shall be a purpose for which such council may borrow in accordance with the enactments relating to borowing by such council.<\/p>\n<p>(23) Every pension, allowance, or other compensation, granted under this section shall be payable to or in trust for the officer to whom it is granted, and shall not be assignable for nor chargeable with his debts or other liabilities.<\/p>\n<p>Provision for existing town clerks.<\/p>\n<p>32 &amp; 33 Vict. c. 79.<\/p>\n<p>116. If any existing town clerk of a borough or clerk to the commissioners of any town is removed from his office for any cause other than misconduct or incapacity, he shall, without prejudice to any existing right, be entitled to receive from the council of such borough or district, if he is qualified for a superannuation allowance under the Local Officers Superannuation (Ireland) Act, 1869, a superannuation allowance on the scale provided by the Acts and rules relating to Her Majesty\u2019s civil service, and if he is not so qualified a gratuity according to the scale in Part One of the Seventh Schedule to this Act, and the amount of any such allowance or gratuity shall, in case of dispute, be determined by the Treasury, and while any such clerk remains in office he shall receive not less remuneration than heretofore, and shall, if his duties are increased, receive such increase of salary in proportion to that increase of duties as the Local Government Board may determine.<\/p>\n<p>Existing clerks of Crown and peace, coroners, and justices.<\/p>\n<p>117.\u2014(1) Each of the following officers, namely, the existing clerk of the Crown and peace for the county of the city of Kilkenny, and the existing clerk of the Crown and peace for the county of the town of Galway, shall continue to hold his office and to perform the duties thereof for the like area, and while performing the same shall be entitled to receive the same emoluments, as heretofore.<\/p>\n<p>(2) The existing coroner of the county of the town of Galway, and the existing coroner of the county of the town of Carrickfergus shall respectively continue to be coroner in like manner as if the county of the town were a coroner\u2019s district of the county of Galway or of Antrim, as the case requires.<\/p>\n<p>(3) Every existing justice of the county of the town of Galway, or the county of the town of Carrickfergus, shall be a justice of the county of Galway or of Antrim, as the case requires, in like manner as if he were named a justice in the commission of the peace for such county; and the said county of the town shall, until any other district is made, form part of the county petty sessional district to which it adjoins, or, if it adjoins more than one such district, then of the district with which it has the longest common boundary, and any such existing justice shall, except when at quarter or general sessions, act only within the petty sessional district of which such county of a town forms part.<\/p>\n<p>Superannuation allowance of existing officers.<\/p>\n<p>32 &amp; 33 Vict. c. 50.<\/p>\n<p>118.\u2014(1) Every existing officer who is by this Act transferred to any county or district council, or is an officer of any board of guardians, and would, if he were to retire on the appointed day, be qualified for a superannuation allowance, shall, without prejudice to any existing right, when he resigns or ceases to hold his office for some cause other than misconduct, be entitled to receive a superannuation allowance on the scale and according to the Acts and rules relating to Her Majesty\u2019s civil service.<\/p>\n<p>(2) For the purpose of the provisions of this Part of this Act with respect to existing officers, the expression \u201cqualified for superannuation allowance\u201d shall mean qualified as regards age and length of service, and, except as respects a medical officer to whom the Medical Officers Superannuation Act (Ireland), 1869, applies, the devotion of his whole time to the service.<\/p>\n<p>Provision for existing officers of urban authorities other than town clerks.<\/p>\n<p>119. The provisions of this Act with respect to officers transferred to a county council shall apply to all existing officers of any urban district council or town commissioners other than a town clerk or clerk to the commissioners, in like manner as if they were officers transferred by this Act to such council or commissioners, and an annual election or appointment shall not in future be necessary in the case of any such existing officer.<\/p>\n<p>[S. 120 rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>Performance of duties under Registration and Juries Acts by existing officers.<\/p>\n<p>34 &amp; 35 Vict. c. 65.<\/p>\n<p>57 &amp; 58 Vict. c. 49.<\/p>\n<p>121. Every existing clerk of a union shall, unless he otherwise agrees with the county council, or urban district council, as the case may be, continue to perform[1] the duties of the clerk of a union under the Registration Acts and the Juries (Ireland) Acts, 1871 to 1894, and every collector of poor rate shall continue to give the same information and assistance as heretofore to that clerk in relation to the said duties.<\/p>\n<p>Miscellaneous.<\/p>\n<p>Employment and payment of officers by Local Government Board.<\/p>\n<p>32 &amp; 33 Vict. c. 79.<\/p>\n<p>122.\u2014[Sub-s. (1) rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>(2) The officers employed in auditing county treasurers\u2019 accounts, who were formerly officers in the office of the Receiver Master and were subsequently transferred to the Local Government Board, shall become officers under that Board at the same remuneration as they have hitherto received; and they shall be qualified to receive a grant of such superannuation allowance as is authorised by the Local Officers (Ireland) Superannuation Act, 1869; and their service as such officers after the transfer shall, as well as their past service, be reckoned as service for the purpose of such superannuation allowance, and any such allowance shall be paid out of the fee fund mentioned in the said Act; and any surplus of that fee fund above what is required to meet such superannuation and other expenses payable thereout, shall be paid to the Local Taxation (Ireland) Account, and be applied as if it had been paid under the said Act of 1896.[2]<\/p>\n<p>[S. 123 rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>Commencement and Appointed Day.<\/p>\n<p>Commencement of Act.<\/p>\n<p>124.\u2014(1) Subject as in this Act mentioned, this Act shall, in each administrative county, come into operation as to rural district councils and guardians on the twenty-fifth day of March, and as to county councils and urban districts on the first day of April, and as to all other matters on the first day of April next after the passing thereof, or on such other day, not more than twelve months earlier or later, as in any case the Local Government Board (but after the election of county councillors for such county, on the application of the county council) may appoint, either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections or for different counties, and where any particular day is appointed for any particular provision of this Act coming into operation, that provision shall not come into force until the day so appointed.<\/p>\n<p>(2) Provided that the enactments relating to the registration of local government electors, or to the elections, or to any matter required to be done for the purpose of bringing this Act into operation on the appointed day, shall come into effect on the passing of this Act.<\/p>\n<p>(3) A reference in any enactment of this Act to the appointed day shall mean the day upon which such enactment comes into operation.<\/p>\n<p>SCHEDULES.<\/p>\n<p>FIRST SCHEDULE.<\/p>\n<p>Acts referred to.<\/p>\n<p>Part I.<\/p>\n<h4>Enactments relating to Compensation for Criminal Injury.<\/h4>\n<p>Sect. 5 .<\/p>\n<p>Session and Chapter.<\/p>\n<p>Short Title.<\/p>\n<p>Enactments referred to.<\/p>\n<p>6 &amp; 7 Will. 4 c. 116.<\/p>\n<p>The Grand Jury (Ireland) Act, 1836.<\/p>\n<p>Section one hundred and six; sections one hundred and thirty-five to one hundred and forty so far as unrepealed.<\/p>\n<p>11 &amp; 12 Vict. c. 69.<\/p>\n<p>The Malicious Injuries (Ireland) Act, 1848.<\/p>\n<p>The whole Act.<\/p>\n<p>16 &amp; 17 Vict. c. 38.<\/p>\n<p>The Malicious Injuries (Ireland) Act, 1853.<\/p>\n<p>The whole Act.<\/p>\n<p>57 &amp; 58 Vict. c. 60.<\/p>\n<p>The Merchant Shipping Act, 1894.<\/p>\n<p>Section five hundred and fifteen, so far as it relates to Ireland.<\/p>\n<p>Also any enactment applying or amending any of the above enactments, or otherwise touching compensation thereunder.<\/p>\n<p>Part II.<\/p>\n<p>Lunatic Asylum Acts.<\/p>\n<p>Sect. 109 .<\/p>\n<p>Session and Chapter.<\/p>\n<p>Short Title.<\/p>\n<p>1 &amp; 2 Geo. 4. c. 33 &#8211; &#8211;<\/p>\n<p>The Lunacy (Ireland) Act, 1821.<\/p>\n<p>7 Geo. 4. c. 14 &#8211; &#8211;<\/p>\n<p>The Lunacy (Ireland) Act, 1826.<\/p>\n<p>11 Geo. 4 and 1 Will. 4. c. 22<\/p>\n<p>The Richmond Lunatic Asylum Act, 1830.<\/p>\n<p>8 &amp; 9 Vict. c. 107 &#8211; &#8211;<\/p>\n<p>The Central Criminal Lunatic Asylum (Ireland) Act, 1845.<\/p>\n<p>9 &amp; 10 Vict. c. 115 &#8211; &#8211;<\/p>\n<p>The Lunatic Asylums (Ireland) Act, 1846.<\/p>\n<p>18 &amp; 19 Vict. c. 109 &#8211; &#8211;<\/p>\n<p>The Lunatic Asylums Repayment of Advances (Ireland) Act, 1855.<\/p>\n<p>30 &amp; 31 Vict. c. 118 &#8211; &#8211;<\/p>\n<p>The Lunacy (Ireland) Act, 1867.<\/p>\n<p>31 &amp; 32 Vict. c. 97 &#8211; &#8211;<\/p>\n<p>The Lunatic Asylums (Ireland) Accounts Audit Act, 1868.<\/p>\n<p>38 &amp; 39 Vict. c. 67 &#8211; &#8211;<\/p>\n<p>The Lunatic Asylums (Ireland) Act, 1875.<\/p>\n<p>53 &amp; 54 Vict. c. 31 &#8211; &#8211;<\/p>\n<p>The Pauper Lunatic Asylums (Ireland) (Superannuation) Act, 1890.<\/p>\n<p>60 &amp; 61 Vict. c. xxxvii &#8211;<\/p>\n<p>Richmond District Asylum Act, 1897.<\/p>\n<p>Part III.<\/p>\n<p>Valuation Acts.<\/p>\n<p>Sect. 109 .<\/p>\n<p>Session and Chapter.<\/p>\n<p>Short Title.<\/p>\n<p>15 &amp; 16 Vict. c. 63 &#8211; &#8211;<\/p>\n<p>The Valuation (Ireland) Act, 1852.<\/p>\n<p>17 &amp; 18 Vict. c. 8 &#8211; &#8211;<\/p>\n<p>The Valuation (Ireland) Act, 1854.<\/p>\n<p>19 &amp; 20 Vict. c. 63 &#8211; &#8211;<\/p>\n<p>The Grand Juries (Ireland) Act, 1856.<\/p>\n<p>23 &amp; 24 Vict. c. 4 &#8211; &#8211;<\/p>\n<p>The Annual Revision of Rateable Property (Ireland) Amendment Act, 1860.<\/p>\n<p>27 &amp; 28 Vict. c. 52 &#8211; &#8211;<\/p>\n<p>The Valuation (Ireland) Act, 1864.<\/p>\n<p>37 &amp; 38 Vict. c. 70 &#8211; &#8211;<\/p>\n<p>The Valuation (Ireland) Amendment Act, 1874.<\/p>\n<p>\u2014<\/p>\n<p>\u2014<\/p>\n<p>17 &amp; 18 Vict. c. 17 &#8211; &#8211;<\/p>\n<p>The Boundary Survey (Ireland) Act, 1854.<\/p>\n<p>20 &amp; 21 Vict. c. 45 &#8211; &#8211;<\/p>\n<p>The Boundary Survey (Ireland) Act, 1857.<\/p>\n<p>22 &amp; 23 Vict. c. 8 &#8211; &#8211;<\/p>\n<p>The Boundary Survey (Ireland) Act, 1859.<\/p>\n<p>Part IV.<\/p>\n<p>Dublin Collection of Rates Acts.<\/p>\n<p>Sects. 66 , 109 .<\/p>\n<p>Session and Chapter.<\/p>\n<p>Title.<\/p>\n<p>Short Title.<\/p>\n<p>12 &amp; 13 Vict. c. 91.<\/p>\n<p>An Act to provide for the collection of rates in the city of Dublin.<\/p>\n<p>The Dublin Collection of Rates Act, 1849.<\/p>\n<p>17 &amp; 18 Vict. c. 22.<\/p>\n<p>An Act to enable the Collector-General of Dublin to levy money to repay a certain outlay by the corporation for preserving and improving the port of Dublin in and about repairing the quay wall of the River Liffey, and for future repairs thereof, and for repairing and rebuilding bridges over the said river.<\/p>\n<p>The Dublin Bridge Act, 1854.<\/p>\n<p>Part V.<\/p>\n<p>Dublin Metropolis Police Acts.<\/p>\n<p>Sect. 109 .<\/p>\n<p>Session and Chapter.<\/p>\n<p>Title or Short Title.<\/p>\n<p>6 &amp; 7 Will. 4. c. 29 &#8211; &#8211;<\/p>\n<p>The Dublin Police Act, 1836.<\/p>\n<p>7 Will. 4. &amp; 1 Vict. c. 25 &#8211;<\/p>\n<p>The Dublin Police Act, 1837.<\/p>\n<p>2 &amp; 3 Vict. c. 78 &#8211; &#8211; &#8211;<\/p>\n<p>The Dublin Police Act, 1839.<\/p>\n<p>5 &amp; 6 Vict. c. 24 &#8211; &#8211;<\/p>\n<p>The Dublin Police Act, 1842.<\/p>\n<p>12 &amp; 13 Vict. c. 91 &#8211; &#8211;<\/p>\n<p>An Act to provide for the collection of rates in the city of Dublin.<\/p>\n<p>22 &amp; 23 Vict. c. 52 &#8211; &#8211;<\/p>\n<p>The Dublin Police Act, 1859.<\/p>\n<p>31 &amp; 32 Vict. c. 95 &#8211; &#8211;<\/p>\n<p>The Dublin Police Act, 1867.<\/p>\n<p>37 &amp; 38 Vict. c. 23 &#8211; &#8211;<\/p>\n<p>The Resident Magistrates and Police Commissioners Salaries Act, 1874.<\/p>\n<p>46 &amp; 47 Vict. c. 14 &#8211; &#8211;<\/p>\n<p>The Constabulary and Police (Ireland) Act, 1883.<\/p>\n<p>SECOND SCHEDULE.<\/p>\n<h4>County Boroughs.<\/h4>\n<p>Sect. 21 .<\/p>\n<p>Dublin.<\/p>\n<p>Limerick.<\/p>\n<p>Belfast.<\/p>\n<p>Londonderry.<\/p>\n<p>Cork.<\/p>\n<p>Waterford.<\/p>\n<p>THIRD SCHEDULE.<\/p>\n<h4>Local Taxation Licences.<\/h4>\n<p>Sect. 58 .<\/p>\n<p>Licences for the sale of intoxicating liquor for consumption on the premises;<\/p>\n<p>Retailers of spirits (publicans).<\/p>\n<p>Retailers of spirits, occasional licences.<\/p>\n<p>Retailers of beer.<\/p>\n<p>Retailers of beer and wine.<\/p>\n<p>Retailers of wine.<\/p>\n<p>Retailers of wine, occasional licences.<\/p>\n<p>Retailers of sweets.<\/p>\n<p>Licences for the sale of intoxicating liquor by retail, by persons not licensed to deal therein, for consumption off the premises;<\/p>\n<p>Retailers of spirits (grocers).<\/p>\n<p>Retailers of beer and wine.<\/p>\n<p>Retailers of wine.<\/p>\n<p>Retailers of table beer.<\/p>\n<p>Licences to deal in game.<\/p>\n<p>Licences for\u2014<\/p>\n<p>Beer dealers.<\/p>\n<p>Spirit dealers.<\/p>\n<p>Sweet dealers.<\/p>\n<p>Wine dealers.<\/p>\n<p>Refreshment house keepers.<\/p>\n<p>Guns.<\/p>\n<p>Appraisers.<\/p>\n<p>Autioneers.<\/p>\n<p>Hawkers.<\/p>\n<p>House agents.<\/p>\n<p>Pawnbrokers.<\/p>\n<p>Plate dealers.<\/p>\n<p>Tobacco dealers.<\/p>\n<p>Certificates for killing game.<\/p>\n<p>[Fourth, Fifth, and Sixth Scheds. rep. 8 Edw. 7. c. 49 (S.L.R.).]<\/p>\n<p>SEVENTH SCHEDULE.<\/p>\n<p>Compensation.<\/p>\n<p>Part I.<\/p>\n<p>Scale of Compensation.<\/p>\n<p>Sects. 115 (13), (19), 116 .<\/p>\n<p>The compensation payable to any high constable or collector of a barony or to his deputy duly appointed under section one hundred and forty-eight of the Grand Juries Act, 1836, shall be according to the following scale:\u2014<\/p>\n<p>(a) If his service has not exceeded two grand jury half-years, one year\u2019s net emoluments;<\/p>\n<p>(b) If his service has exceeded two grand jury half-years, one year\u2019s net emoluments together with one quarter of one year\u2019s net emoluments for each grand jury half-year which he has served above the two first, but not exceeding in any case five years\u2019 net emoluments;<\/p>\n<p>(c) The net emoluments shall be ascertained according to the average for the six grand jury half-years next before the summer assizes, 1898, or if the officer has served for less than that period, then for the period of his service;<\/p>\n<p>(d) The gross emoluments of a deputy shall not exceed the sum deducted in respect thereof in ascertaining the net emoluments of the high constable or collector whose deputy he was;<\/p>\n<p>(e) The expression \u201cgrand jury half-year\u201d means the period between any assizes and the next assize.<\/p>\n<p>In the application of this Part of this Schedule to a person who is not a high constable or collector of a barony or his deputy, the necessary modifications shall be made, and in particular the first half and the second half of each calendar year shall be substituted for the \u201cgrand jury half-year.\u201d<\/p>\n<p>Part II.<\/p>\n<p>S. 120 (omitting sub-s. (8)) of the Local Government Act, 1888.<\/p>\n<p>Sect. 115 (19) .<\/p>\n<p>Compensation to existing officers.<\/p>\n<p>5 &amp; 6 Will. 4. c. 62.<\/p>\n<p>120.\u2014(1) Every existing officer declared by this Act to be entitled to compensation, and every other existing officer, whether before mentioned in this Act or not, who, by virtue of this Act, or anything done in pursuance of or in consequence of this Act, suffers any direct pecuniary loss by abolition of office or by diminution or loss of fees or salary, shall be entitled to have compensation paid to him for such pecuniary loss by the county council, to whom the powers of the authority, whose officer he was, are transferred under this Act, regard being had to the conditions on which his appointment was made, to the nature of his office or employment, to the duration of his service, to any additional emoluments which he acquires, by virtue of this Act, or of anything done in pursuance of or in consequence of this Act, and to the emoluments which he might have acquired if he had not refused to accept any office offered by any council or other body acting under this Act, and to all the other circumstances of the case, and the compensation shall not exceed the amount which, under the Acts and rules relating to Her Majesty\u2019s Civil Service, is paid to a person on abolition of office.<\/p>\n<p>(2) Every person who is entitled to compensation, as above mentioned, shall deliver to the county council a claim under his hand setting forth the whole amount received and expended by him or his predecessors in office, in every year during the period of five years next before the passing of this Act, on account of the emoluments for which he claims compensation, distinguishing the offices in respect of which the same have been received, and accompanied by a statutory declaration under the Statutory Declarations Act, 1835, that the same is a true statement according to the best of his knowledge, information, and belief.<\/p>\n<p>(3) Such statement shall be submitted to the county council, who shall forthwith take the same into consideration, and assess the just amount of compensation (if any), and shall forthwith inform the claimant of their decision.<\/p>\n<p>(4) If a claimant is aggrieved by the refusal of the county council to grant any compensation, or by the amount of compensation assessed, or if not less than one-third of the members of such council subscribe a protest against the amount of the compensation as being excessive, the claimant or any subscriber to such protest (as the case may be), may, within three months after the decision of the council, appeal to the Treasury, who shall consider the case and determine whether any compensation, and, if so, what amount, ought to be granted to the claimant, and such determination shall be final.<\/p>\n<p>(5) Any claimant under this section, if so required by any member of the county council, shall attend at a meeting of the council and answer upon oath, which any justice present may administer, all questions asked by any member of the council touching the matters set forth in his claim, and shall further produce all books, papers, and documents in his possession or under his control relating to such claim.<\/p>\n<p>(6) The sum payable as compensation to any person in pursuance of this section shall commence to be payable at the date fixed by the council on granting the compensation, or, in case of appeal, by the Treasury, and shall be a specialty debt due to him from the county council, and may be enforced accordingly in like manner as if the council had entered into a bond to pay the same.<\/p>\n<p>(7) If a person receiving compensation in pursuance of this section is appointed to any office under the same or any other county council, or by virtue of this Act, or anything done in pursuance of or in consequence of this Act, receives any increase of emoluments of the office held by him, he shall not, while receiving the emoluments of that office, receive any greater amount of his compensation, if any, than, with the emoluments of the said office is equal to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds such office.<\/p>\n<p>[1 Short title, \u201cThe Local Government (Ireland) Act, 1898.\u201d See s. 110. As to relief from disqualification as members of local councils by reason of absence in the case of officers or soldiers of the auxiliary or reserve forces on active service, see 63 &amp; 64 Vict. c. 46.]<\/p>\n<p>[1 Including the establishment of hospitals or dispensaries for tuberculosis, see 8 Edw. 7. c. 56, s. 4 (3).]<\/p>\n<p>[1 As to determination of compensation, see 2 Edw. 7. c. 38, s. 1.]<\/p>\n<p>[1 As to further contributions, see 2 Edw. 7. c. 38, s. 2.]<\/p>\n<p>[1 Sub-s. (2) is applied to monuments vested in county councils. See 3 Edw. 7. c. 37, s. 14 (3).]<\/p>\n<p>[1 But as to bridges, see 6 Edw. 7. c. 31.]<\/p>\n<p>[1 If the petition is withdrawn, s. 42 (1) has effect as if no petition had been presented, see 63 &amp; 64 Vict. c. 63, s. 1.]<\/p>\n<p>[1 And also for determining the financial relations between the district so constituted and the county in which it is situated, see 2 Edw. 7. c. 38, s. 3.]<\/p>\n<p>[1 One poor rate may be made for the whole financial year, and collected in half-yearly moieties, see 63 &amp; 64 Vict. c. 63, s. 2.]<\/p>\n<p>[1 As to further extension of time by Local Government Board, see 2 Edw. 7. c. 38, s. 4.]<\/p>\n<p>[1 S. 54 takes effect as from the gale day last before the appointed day under the Act in the case of any tenancy one of the gale days of which is in March; see 63 &amp; 64 Vict. c. 63, s. 3.<\/p>\n<p>[1 Sub-s. (4) is amended by 63 &amp; 64 Vict. c. 63, s. 3 (2). See that Act.]<\/p>\n<p>[1 Sub-s. (11) is not to apply in the case of an occupier who would be entitled to deduct from his rent a portion of the poor rate but for 1 Edw. 7. c. 28. See that Act.]<\/p>\n<p>[2 Or a fee farm grant. See 63 &amp; 64 Vict. c. 63, s. 3 (4).]<\/p>\n<p>[1 This section is amended as to raising excluded charges by 1 Edw. 7. c. 28, s. 2.]<\/p>\n<p>[1 See footnote, p. 645.]<\/p>\n<p>[1 Sub-s. (2) is amended by 2 Edw. 7. c. 38, ss. 5 (1) (2), 6 (1).]<\/p>\n<p>[2 Expenses of the Appeal Commission incurred after March 31, 1900, are also payable out of this Account. See 63 &amp; 64 Vict. c. 63, s. 5.]<\/p>\n<p>[1 Sub-s. (4) is applied by 2 Edw. 7. c. 38, s. 5 (3) to amounts required to be raised in an urban county district by the council of that district.]<\/p>\n<p>[2 Substituted for \u201cthe sums payable thereout under this section\u201d by 2 Edw. 7. c. 38, s. 6 (2).]<\/p>\n<p>[1 S. 63 is now to apply to every sum certified to be due in pursuance of 2 Edw. 7. c. 38, s. 20. See that Act.]<\/p>\n<p>[2 As to remission of disallowance or surcharge. See 2 Edw. 7. c. 32, s. 7.]<\/p>\n<p>[1 See now 1 Edw. 7. c. 37, as to power to make new rates.]<\/p>\n<p>[1 See Order of July 7, 1899, Stat. Rules and Orders, Rev., 1904, VII. \u201cLocal Government, I.,\u201d p. 426, carrying this section into effect.]<\/p>\n<p>[1 S. 69 amended as to salaries of officers by 63 &amp; 64 Vict. c. 63, s. 4. See that Act.]<\/p>\n<p>[1 See now 1 Edw. 7. c. 28, s. 3, as amended by 2 Edw. 7. c. 38, s. 13.]<\/p>\n<p>[1 As to power to exclude congested districts areas from certain contributions, see 2 Edw. 7. c. 3.]<\/p>\n<p>[1 S. 80 is applied to county contributions to marine works by 2 Edw. 7. c. 24, s. 3(2), and as to advances for cottages and allotments by 6 Edw. 7. c. 37, s. 16(2.)<\/p>\n<p>[1 See the Registration (Ireland) Rules, 1899, Stat. Rules and Orders Rev., 1904, IX. \u201cParliamentary Electors, I,\u201d p. 1.]<\/p>\n<p>[1 Any expenses incurred after March 31, 1900, are to be defrayed out of the sums paid to the Local Taxation (Ireland) Account under s. 58 of this Act. See 63 &amp; 64 Vict. c. 63, s. 5.]<\/p>\n<p>[1 Printed in Stat. Rules and Orders Rev., 1904, II. \u201cCounty, I.\u201d p. 91.]<\/p>\n<p>[1 As to validation of schemes for the collection of poor rate. See 2 Edw. 7. c. 38, s. 9.]<\/p>\n<p>[2 Who are to be deemed to be poor rate collectors. See 2 Edw. 7. c. 38, s. 9.]<\/p>\n<p>[1 Subs. (19) is amended as to the grant of gratuities and commutation of allowances by 63 &amp; 64 Vict. c. 63, s. 6 and applied by 2 Edw. 7. c. 38, s. 12 (5). See those Acts.]<\/p>\n<p>[1 The expenses incurred are to be raised equally over the whole county. Sec 63 &amp; 64 Vict. c. 63, s. 7.]<\/p>\n<p>[2 8 Edw. 7. c. 38, s. 8 provides prospectively for the application of this surplus to the purposes of the National University of Ireland, at Dublin (or any of its constituent colleges), and the Queen\u2019s University of Belfast which were founded by Charters of December 2, 1908. See Stat. Rules and Orders, 1909, No. 217.]<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19473\" data-postid=\"19473\" class=\"themify_builder_content themify_builder_content-19473 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Grand Juries Counties are ancient divisions which date back to the 13th to 16th centuries. \u00a0Originally, assizes were held on a regular basis, often quarterly, dealing with \u00a0the adjudication of legal disputes.\u00a0 They sat as grand juries and were comprised of the local aristocracy and upper classes. They had a role both in the judicial [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[32,110],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19473"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19473"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19473\/revisions"}],"predecessor-version":[{"id":35687,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19473\/revisions\/35687"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19473"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19473"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19473"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}