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GRAND JURY (IRELAND) ACT 1836
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CHAPTER CXVI.
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An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland.[1]
[20th August 1836.]
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[Preamble.]
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All presentments to be made under this Act, except in county and city of Dublin.
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[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.
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[Repealed]
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[S. 2 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Explanation of terms.
Half barony.
“County.”
“Assizes,” &c.
Number and gender.
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3. In the construction of this Act every half barony shall be considered and deemed a barony; and wherever the word “county” 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 “assizes” shall occur in this Act, it shall be deemed and taken to include and import “presenting term”; 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’s 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.
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Justices to hold presentment sessions for the purposes of this Act at the places and times appointed by the grand jury.
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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.
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Grand juries at assizes shall fix places and times for presentment sessions;
and may direct what number of copies of applications shall be printed and distributed.
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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.
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Only one such sessions in cities and towns.
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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.
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Collectors to make returns of cess payers for grand jury.
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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.
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Grand jury to fix the number of cess payers to be associated with the justices for the purposes of this Act, &c.
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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.
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Justices at presentment sessions to choose a chairman, and select by lot the cess payers to be associated with them.
Powers of the cess payers so associated.
In case cess payers do not attend the justices may act alone.
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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.
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Declarations of justices and cess payers.
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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.
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Promulgation of notices.
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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.
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Sessions at which applications for works shall be made.
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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.
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Sessions at which applications for works to be charged upon two or more baronies shall be made.
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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.
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Applications to be lodged with high constable or secretary of grand jury, &c.
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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.
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County surveyor to examine applications and make application respecting public works, as to which none has been already made.
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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.
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Manner in which applications are to be made.
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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’s reign, chapter, and section, as printed by his Majesty’s 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.
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Applications to be decided upon at sessions.
Justices to direct the surveyor to prepare forms of tender with specifications, &c.
Applications and forms of tender, &c. to be delivered to secretary of grand jury.
Adjourned sessions for opening tenders and proposals.
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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.
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Proceedings in case the sessions refuse to approve any applications for public works.
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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.
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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, &c.
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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.
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On applications for repair of roads, &c. the sessions may contract for the same.
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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.
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Provision in case of death or illness of applicants.
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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.
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Advertisements for tenders and proposals, &c.
Contents of tenders, &c.
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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.
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At adjourned sessions tenders to be opened and contract entered into with person making lowest proposal and giving sufficient security.
If no presentment made, contract to be void.
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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.
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Security by contractors to be by recognizance to the King, &c.
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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’s 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.
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Schedules of applications to be prepared by secretary of grand jury, and printed; and copies to be delivered to sheriff, surveyor, &c.
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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.
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Treasurer to apportion the sum required, and return the apportionment, &c. to the grand jury.
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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.
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Approved applications for new works, &c. where the sum exceeds 50l. to be certified by grand jury, &c.
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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.
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Sessions holden next after the assizes at which any such application has been certified shall proceed with the same like other applications.
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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.
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The sheriff to impannel grand jury not more than five nor less than one day before each assizes, &c.
Jurors to be sworn.
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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.
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The oath not to bind grand jurors to secrecy, except in criminal matters.
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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.
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Mode of framing the grand jury panel.
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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.
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Certain county officers not to serve on grand juries or act at presentment sessions.
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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.
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Grand jury so impannelled to be the grand inquest of the county, &c.
Assizes shall commence from impannelling of grand jury.
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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.
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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, &c;
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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.
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except in case of special application made to judge of assize upon cause shown;
and in presenting for expenses of witnesses.
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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.
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Grand jury to be called over at stated times by foreman.
Penalty for default of attendance.
Penalty for neglect of foreman.
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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.
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Grand jury as soon as impannelled to proceed with fiscal business, and to make or refuse presentments on all applications approved by presentment sessions, &c.
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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.
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Grand jury not to make any presentment unless application approved at presentment sessions, except in the cases herein mentioned.
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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.
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Appointment of county surveyors.
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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.
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Surveyors may be dismissed, &c.
Surveyors may appoint deputies in case of illness, &c.
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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.
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Salaries of county surveyors.
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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.
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Duties of county surveyors.
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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.
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Surveyors shall keep an office open, and appoint a clerk, &c.
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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.
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Surveyor or clerk not to serve on juries, or fill any other county office, &c.
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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.
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Appointment of secretary of the grand jury, and discharge of his duties by clerk of the peace during his illness, &c.
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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.
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Such secretary not to be clerk of the peace, &c. Penalty on such secretary for neglect of duty.
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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.
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Grand juries not to name persons in presentments by whom works are to be executed.
All works, printing, &c. to be executed by contract.
All contracts to be by sealed tenders and proposals, &c.
No magistrate, &c. to under-take contract, &c.
Saving as to contracts with loan commissioners.
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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.
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Secretary to keep a book containing abstracts of contracts.
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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.
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Any two justices may order sums not exceeding 20l. for repairing sudden damages to bridges, and 10l. to roads, &c.
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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.
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Presentment for widening or repairing public roads, &c.
Proviso in case of post roads.
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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’s 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.
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Presentment for making and repairing footpaths.
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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.
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Power to present roads, &c. to be repaired by contract for any time not exceeding seven years.
Proviso in case of post roads.
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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’s 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.
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[Repealed]
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[S. 53 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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County surveyor to cause roads to be repaired in case of neglect on the part of contractor.
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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.
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Presentment for new lines of road to be levied on the barony, &c.;
or in case of post roads, on the county and barony.
Map of the line to be lodged with secretary along with application.
Services of notices upon occupiers of land, &c.
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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’s 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.
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Presentment for lowering hills, filling up hollows, building and repairing bridges, &c. upon public roads.
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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.
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Where a river or road is the boundary of two counties, one half the sum shall be raised off each.
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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.
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Lines of new road may be surveyed upon certificate of surveyor, allowed by two justices.
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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.
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[Repealed]
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[S. 59 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Presentment of old roads to be stopped up.
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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.
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Commissioners under 1 & 2 Will. 4. c. 33., on application of postmaster general, and with consent of lord lieutenant, to cause post roads to be repaired.
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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 “An Act for the extension and promotion of public works in Ireland,” upon the application of his Majesty’s 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.
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Amount of money expended in such repairs to be certified to the grand jury of the county, who shall present the same.
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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.
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Expense of repair by commissioners of bridges between counties to be borne equally.
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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.
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Proceedings in case of grand jury refusing or neglecting to make presentment for making or repairing any road.
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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.
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[Repealed]
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[S. 65 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Presentment for obtaining maps of ordnance survey, and correct surveys and maps of alterations of county roads.
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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.
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Presentment for constructing, repairing, &c. piers and quays on navigable rivers or lakes or on the sea coast, and making approaches, &c.
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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’s 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.
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Such piers and quays to become public property.
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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.
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Presentment for building, repairing, &c. court houses and sessions houses.
Expenses may be raised by half-yearly instalments.
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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.
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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, &c.
Grand jury to examine them, and present that a sessions house shall be built, and a sum levied off the county for that purpose, &c.
If no presentment is made, &c. lord lieutenant to direct commissioners of public works to build sessions houses, &c.
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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.
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Grand juries may advertise for specifications, &c.
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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.
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Purchase, &c. of sites for court houses and sessions houses.
7 Geo. 4. c. 74.
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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’s reign, intituled “An Act for consolidating and amending the laws relating to prisons in Ireland,” 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’s 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’s 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.
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Presentment for rents of court houses and sessions houses.
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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.
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Court house for county at large built within a county of a city, &c. to be deemed part of the county at large.
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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.
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Sale of old court houses and sessions houses.
Proceeds to be applied to county purposes.
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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.
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Presentment for fuel and light for court houses and sessions houses.
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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.
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Presentment for rent of petty sessions rooms, &c.
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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.
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Grand juries may present sums not exceeding 1,000l. for surrenders of leases.
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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.
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Presentment for session house keepers and interpreters.
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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.
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Presentment for gallows, milestones, &c.
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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 depôts for materials, not exceeding one pound for each direction post, milestone, milepost, or depôt.
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Presentment for support of fever hospitals established by subscription.
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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; . . .
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Presentment for erection of fever hospitals of a sum not exceeding double the amount of private subscriptions received for the purpose.
Presentment for support of fever hospital, &c. in Cork.
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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.
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Presentment for support of county fever hospitals.
Account of receipt and expenditure to be laid before presentment sessions.
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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.
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Presentment for building or repairing county fever hospital.
On presentment being certified to lord lieutenant, he may direct advance of money to county treasurer out of consolidated fund.
Treasurer to repay money so advanced.
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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.
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Presentment for support of county infirmary.
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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.
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Presentment for salary of surgeon of county infirmary.
Declaration to be signed by surgeon of infirmary, &c.
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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.
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Penalty for giving or promising any money, &c. to obtain the appointment to any office or employment under this Act.
Persons appointed to any such office to subscribe a declaration at the next assizes, which shall be preserved.
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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.
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[Repealed]
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[S. 88 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 53 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 90 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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Presentment for erecting, &c. district lunatic asylum.
1 & 2 Geo. 4. c. 33.
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91. At any time after any order in council shall be made by the lord lieutenant by and with the advice of his Majesty’s 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 “An 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,” 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.
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Presentment for support of district lunatic asylum.
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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.
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Presentment for repaying advances from consolidated fund for erecting and supporting a district lunatic asylum.
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93. [1]
Whenever the lord lieutenant by and with the advice of his Majesty’s 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.
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Presentment for purchase money or rent of site of district lunatic asylum.
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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.
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[Repealed]
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[S. 95 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Presentment for building, &c. diocesan schools and school houses.
53 Geo. 3. c. 107.
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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 “An Act for the appointment of commissioners for the regulation of the several endowed schools of public and private foundations in Ireland,” 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.
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[Ss. 97–100 rep. 9 & 10 Vict. c. 37.]
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Presentment of money for constabulary force.
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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 . . .
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[Repealed]
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[S. 102 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 103 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 104 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Payment of and presentment for expenses of prosecutors and witnesses in cases of felony.
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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 bonâ 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 subpœna 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 bonâ fide have attended in obedience to such recognizance or subpœna, 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 bonâ fide incurred by reason of the said recognizance or subpœna; 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.
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Presentment for compensation to representatives of persons murdered, and to persons maimed, in certain cases.
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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.
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Presentment for rewards to prosecutors of felons, &c.
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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.
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Presentment for expense of removing offenders.
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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.
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[S. 109 rep. 27 & 28 Vict. c. 17. s. 6.]
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Payment of and presentment for salaries of county officers, &c.
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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.
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No presentment for salary to a county treasurer to be fiated without certain certificates.
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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.
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Affidavit of emoluments to be made by clerk of the crown and clerk of the peace.
Recognizance to be entered into by clerk of the peace.
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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.
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Further presentment for clerk of the crown and other officers where a special commission has been held.
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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’s 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.
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Presentments for secretaries to grand juries shall include stationery.
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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.
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[Repealed]
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[S. 115 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 116 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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Presentment for expenses of suing treasurers, and contractors, &c.
Taxed bill of costs to be laid before sessions, &c.
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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.
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[Repealed]
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[S. 118 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Presentment for track ways on banks of navigable rivers.
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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 & 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.
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Owners of ferries may erect bridges and take tolls, which shall be recoverable under Irish Act, 30 Geo. 3. c. 31.
Presentment for purchase of the property in such bridges, &c. in order to open them toll-free.
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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 “An Act for the building a bridge over the river Loughfoyle in the city of Londonderry, and the suburbs thereof”; 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.
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Grand juries may redeem tolls payable on bridges built under Irish Act 19 & 20 Geo. 3. c. 41. and 53 Geo. 3. c. 77.
Presentment of sums necessary to redeem tolls.
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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 “An Act for empowering grand juries to present bridges and tolls to be paid for passing the same in certain cases,” 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.
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Act not to affect presentments under 4 & 5 Will. 4. c. 61.;
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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 “An Act for the more effectually providing for the erection of certain bridges in Ireland”; provided that no previous application or approval at presentment sessions under the provisions of this Act shall be necessary to authorize any such presentment.
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nor presentments for clearing, &c. rivers under 1 & 2 Will. 4. c. 57., if previously applied for and approved at baronial presentment sessions;
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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 “An Act to empower landed proprietors in Ireland to sink, embank, and remove obstructions in rivers”; 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.
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Presentments and contracts in respect of prisons under 7 Geo. 4. c. 74.
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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 “An Act for consolidating and amending the laws relating to prisons in Ireland”: 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.
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[S. 125 rep. 36 & 37 Vict. c. 51. s. 3.]
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Presentments for public works under 1 & 2 Will. 4. c. 33., &c.
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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’s reign, intituled “An Act for the extension and promotion of public works in Ireland,” 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.
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All presentments shall contain a reference to the chapter and section of the Act under which they are made, &c.
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127. On the face of every presentment for the levying of any public money whatsoever the year of the King’s reign, and the chapter and section of the Act of Parliament (as printed by the King’s 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.
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Advances may be made to contractors in certain cases not exceeding three fourths of the cost of the work.
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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.
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[Repealed]
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[S. 129 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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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.
Secretary shall lay notices, &c. before presentment sessions, who shall approve or disapprove the applications.
Applications approved to be allowed or disallowed by grand jury at their discretion.
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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 “allowed,” and on every application which shall not be approved he shall endorse the word “disallowed,” 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.
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Contractors for printing to obtain certificate of clerk of the peace, &c.
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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.
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Treasurer not to pay if application traversed, &c.
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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.
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Traverses of presentments and applications for payment.
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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.
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Traverses of presentments for damages by making of new road, &c. to be tried by a jury.
Presentment of sums found by jury.
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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.
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Mode of application for and presentment of compensation for malicious injuries.
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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.
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Applications for compensation when and where to be made.
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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.
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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.
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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.
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When presentment is opposed or application disallowed, a jury may be sworn to try the matter.
Their verdict to be final.
Costs.
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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.
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No presentment for compensation to be removed by certiorari, &c.; nor traverse allowed.
No action or suit to be brought in cases provided for by this Act.
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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.
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Mode of obtaining compensation for injuries committed near boundaries of counties.
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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.
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No fees to be taken for applications to clerk of the crown, &c.
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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.
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Clerk of the crown to deliver copies of presentments, &c. to county treasurer;
which shall be printed and distributed.
Presentment for printing treasurer’s account and schedules of applications, &c.
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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’s 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.
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Imperative presentments to be printed separately.
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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.
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Copies of all presentments made to be laid before Parliament.
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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.
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Power to represent arrears to be levied as sums originally presented.
Arrears, &c. and surplus monies shall be applicable to general purposes of county.
Affidavit of arrears before re-presentment.
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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’s 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.
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Application of sums presented for works not executed.
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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.
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Appointment of high constable and collector for each barony in counties.
Appointment of collectors in cities and towns.
In case of vacancy justices at quarter sessions may appoint high constable, &c. pro tempore.
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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’s 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.
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High constables and collectors to give security.
Presentment to them of poundage for trouble of collecting.
Power to appoint deputies.
Securities, &c. to vest in treasurer.
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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’s 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’s 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’s warrant, with the customary collector’s 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.
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Treasurer to issue his warrants to collectors after receiving the copies of presentments. Treasurer’s warrants to be in force for two years.
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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 & 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.
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[Repealed]
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[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 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[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 & 38 Vict. c. 35. (S.L.R.)]
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Grand jury cess may be levied by distress and sale.
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, &c.
In default of appearance, goods of party may be distrained in any part of county;
or in any other county, upon oath before a justice of such county.
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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.
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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, &c.
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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’s 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.
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Town or liberties of Callan to be a barony of the county of Kilkenny for purposes of presentments, &c.
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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.
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Treasurer to cause any public building to be insured that may be so directed by a grand jury, &c.
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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.
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[Repealed]
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[S. 156 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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[Repealed]
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[S. 157 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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[Repealed]
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[S. 158 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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[Repealed]
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[S. 159 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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[Repealed]
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[S. 160 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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[Repealed]
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[S. 161 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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Power of surveyors and contractors to dig for materials;
and to make drains.
Satisfaction for damage to be assessed by three house-holders.
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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 bonâ 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.
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[Repealed]
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[Ss. 163, 164 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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[Repealed]
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[Ss. 163, 164 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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Proceedings in case any public work erected or repaired by presentment shall be wantonly injured.
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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.
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Applications relating to salaries and contingencies to be lodged with the secretary of the grand jury, &c.
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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.
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Dublin grand juries to transact fiscal business in open court.
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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.
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No stamp duty upon contracts and recognizances under this Act.
Proceedings before assistant barrister for breach of contract under a certain amount.
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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.
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Fines to be levied by distress and sale, and if not otherwise directed, divided between informer and some hospital.
Committal in case of nonpayment of fine.
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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’s 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.
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The party distraining not to be a trespasser in consequence of irregularity, &c.
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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.
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Pleading of general issue, &c. by persons sued for acting in execution of this Act.
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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 & 6 Vict. c. 97. s. 2.]; . . .
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Justices not to take money for affidavits.
False swearing, &c. punishable as perjury.
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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.
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[Repealed]
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[S. 173 rep. 54 & 55 Vict. c. 67. (S.L.R.)]
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Money to be the present currency. Schedules to be deemed part of the Act, &c.
Notices, &c. not to be impeached on technical grounds.
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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.
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Baronies, &c. may be divided, or may be united.
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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.
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Certain counties may be divided into two ridings or districts, &c.
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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.
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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.
Division not to abridge the rights of sheriffs, &c.
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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.
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Mode of repayment of money advanced out of the consolidated fund, &c.
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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.
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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.
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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.
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No presentment for such repayment unless demanded within five years, &c.
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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.
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[Repealed]
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[S. 181 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 182 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 183 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[Repealed]
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[S. 184 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Act to extend only to Ireland.
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185. This Act shall extend only to that part of the United Kingdom called Ireland.
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[Repealed]
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[S. 186 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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SCHEDULES to which this Act refers.
Schedule (Z.)—Form (A.)
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Section 10.
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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.
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Witness my hand
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Schedule (Z.)—Form (B.)
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Section 10.
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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.
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Witness my hand
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Schedule (Z.)—Form (C.)
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Section 29.
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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.
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So help you GOD.
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Schedule (X.)—Form (A.)
Form of Application for making a new Line of Road.
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Section 16.
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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 ].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (B.)
Form of Application for the Repairs of Roads.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (C.)
Form of Application for widening Roads and making Fences instead of those to be taken away.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (D.)
Form of Application for making or repairing Footpaths.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (E.)
Form of Application for Presentments to fill Grips or Trenches on the Sides of the Road, and making sufficient Fences instead thereof.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (F.)
Form of Application for filling Dikes or Holes on the Sides of Roads.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (G.)
Form of Application for lowering a Hill or filling a Hollow, or both, &c. &c.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (H.)
Form of Application for erecting, enlarging, or repairing any Building whatsoever.
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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].
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(Signed) A.B.
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C.D.
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Schedule (X.)—Form (I.)
Form of Application for Payment by a Contractor for a Public Work.
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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 .
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(Signed) A.B.
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Contractor.
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Schedule (X.)—Form (K.)
Form of Application for Payment by a Contractor for Works of Maintenance.
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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.
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(Signed) A.B.
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Contractor.
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Schedule (Y.)
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Section 24.
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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 pŕesenting 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 :
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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.
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Schedule (T.)
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Section 87.
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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 cætera [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.
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Schedule (S.)
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Section 110.
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Table of Classification of Counties, Treasurers Securities, and Salaries of County Officers.
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Salaries for Officers in the County of the Town of Carrickfergus.
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£
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s.
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d.
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Treasurer - - -
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45
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0
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0
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Clerk of the crown - -
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23
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1
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6
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Clerk of the peace - -
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24
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0
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0
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Secretary - - -
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13
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17
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0
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Sheriffs - - -
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7
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7
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8
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Judges crier- - -
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2
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0
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0
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Sessions crier - -
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2
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0
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0
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£117
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6
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2
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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, £24.
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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, £24.
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Note.—Whensoever 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 £324 only.
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Schedule (R.)
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Section 86.
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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.
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[1 Short title, “The Grand Jury (Ireland) Act, 1836.” See Short Titles Act, 1892. This Act is rep. 37 & 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 & 15 Vict. c. 92. mentioned.]
[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 & 26 Vict. c. 106. s. 1.]
[1 Rep. in part. 40 & 41 Vict. c. 27. s. 10.]
[1 Rep. in part. 40 & 41 Vict. c. 27. s. 10.]
[1 Words as to dispensaries, which are omitted in this section, rep. 53 & 54 Vict. c. 33. (S.L.R.)]
[1 Rep. in part 40 & 41 Vict. c. 27. s. 10.]
[1 Rep. in part, 40 & 41 Vict. c. 27. s. 10.] |
