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GRAND JURY (IRELAND) ACT 1837
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CHAPTER II.
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An Act to amend an Act passed in the Seventh Year of his present Majesty, for consolidating and amending the Laws relating to the Presentment of Public Money by Grand Juries in Ireland.[1.]
[24th February 1837.]
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[Preamble recites 6 & 7 Will. 4. c. 116. s. 1.]
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[S. 1 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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Extent of operation of recited Act in the county and county of the city of Dublin.
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2. And whereas doubts have arisen how far the county of Dublin and the county of the city of Dublin are within the operation of the said Act, and it is expedient to remove such doubts: Be it therefore and it is hereby declared and enacted, that the said Act shall not be construed to affect or extend to the said counties or either of them, save and except only in so far as provision is by the said Act made requiring the grand juries of such counties to transact their fiscal business in open court, and for the more speedy and effectual repair by the commissioners for the extension and promotion of public works in Ireland, upon the application of his Majesty’s postmaster general, of roads upon which his Majesty’s mails are carried, which provisions shall remain in full force and effect.
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Posting and delivering of notices of applications for works.
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3. A notice in writing of every application for any work intended to be made at any presentment sessions holden under the provisions of the said recited Act shall be affixed, by or on behalf of the person or persons intending to make such application, on or immediately adjacent to the doors of every police station or barrack within such parish or parishes wherein the work to which such applications shall relate is proposed to be executed, and at the places (if any) appointed by the grand jury for posting notices therein; and such notices shall be so affixed at the time in the said Act directed; and a copy of every such notice shall be delivered to the clerk of the petty sessions of the district where the work for which such application is intended to be made, or the greater portion thereof, is to be performed, instead of to the clerk of the petty sessions of the district off which it is proposed that the larger portion of the expence of such work is to be raised, as by the said Act is directed; and the notice of every such application shall be delivered to the county surveyor ten days before the day appointed for holding the first presentment sessions in such county after every assizes: Provided always, that the delivery of any such notice to the baronial constable fifteen days before the day appointed for holding such sessions shall be deemed to be due notice to the said county surveyor; and any baronial constable to whom any such notice may be delivered shall transmit the same to the said county surveyor within five days after he shall have received the same; and it shall not be necessary to deliver any such notice other than the application itself to the secretary of the grand jury.
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Applications for certain works to be made at presentment sessions of the barony in which they are situate.
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4. All applications for works the expence whereof is by the said Act directed to be levied, one half off the county and the other half off any barony or baronies in which such works or any part thereof may be situate, shall be made at the presentment sessions to be holden for the barony in which such work or the greater portion thereof is locally situated.
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[Ss. 5, 7 rep. 37 & 38 Vict. c. 35. (S.L.R.). S. 6 rep. 9 & 10 Vict. c. 37. s. 1.]
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Salaries of treasurers of certain cities and towns.
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8. The county treasurers of the cities and towns in the fifth and sixth classes of the schedule marked (S.) to the said recited Act annexed shall (except in those cases where the grand juries of such cities and towns shall, with the consent of the court, determine on paying such officers by a poundage on their receipts) be paid and remunerated for their respective duties, services, and expences by annual salaries only, payable half-yearly at each assizes by equal moieties, and not exceeding the amount respectively limited in the said schedule as the salary of the clerks of the peace in the same cities and towns in each of the said classes; and the grand juries of such cities and towns at each assizes shall and may present (without previous application to presentment sessions) for each such treasurer, 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 treasurer, it shall and may be lawful to and for the grand jury of any such city or town, 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 hereby specified to be paid to such treasurer, or to withhold or refuse to make any presentment whatever for such treasurer.
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Rule to be observed by sheriffs of counties having fewer than ten baronies or half baronies in framing the grand jury panel.
Sheriffs liable to fine for neglect of rule.
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9. The sheriff of each county in Ireland in which there are not ten baronies or half baronies, shall, in framing the panel of persons summoned to serve on the grand jury of such county at each assizes, 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 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, the sheriff shall complete the said panel as now by law authorised 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, that no presentment or indictment made or found by any grand jury shall 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 of such county who shall wilfully omit or neglect to follow the rule hereby made for the selection of the grand jury, shall be liable, on a, complaint made to the judge of assize, to be fined such sum as to such judge shall seem proper.
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Commissioners of public works may themselves execute certain works, or permit the grand jury to execute them.
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10. In all cases in which, under the powers vested in them by law in that behalf, the commissioners of public works in Ireland shall agree with any grand jury to grant one moiety of the expence of any road or other public work, on such grand jury securing the payment of the other moiety thereof by presentment, it shall and may be lawful to and for the said commissioners either to execute the said work by persons employed by them, or to permit such grand jury to execute the same in the manner required by the said recited Act for other public works of the like nature: Provided always, that it shall not be lawful for such grand jury in any case to make a presentment for payment of such moiety, except after and upon an application for such work duly made to and approved at a presentment sessions in the manner required by the said Act.
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[S. 11 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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In counties where grand jury cess is applotted on both lands and houses, collectors shall include occupiers of houses in their returns.
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12. And whereas doubts have existed whether in counties where the grand jury cess is applotted upon both lands and houses, the high constables or other collectors of grand jury cess, in preparing certain returns to be by them made and delivered to the secretary of the grand jury, pursuant to the directions of the said recited Act, ought to include in such returns the names of persons occupying houses: Be it enacted, for the removal of such doubts, that in such counties as aforesaid the high constables or other collectors of grand jury cess shall, in preparing said returns, include therein the names of persons in actual occupation of houses, in the same manner in all respects as by the said recited Act they are directed to proceed in framing such returns with respect to other persons chargeable with grand jury cess on account of other property.
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6 & 7 Will. 4. c. 116. s. 147.
High constable or collector of barony need not be resident therein.
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13. And whereas by the said recited Act it is amongst other things enacted, that the grand jury of every county shall at each assizes appoint a proper person resident in the barony to be high constable or collector thereof: And whereas the said enactment has been found inconvenient, so far as it requires that the high constable or collector shall reside within the barony: Be it therefore enacted, that it shall not be necessary that the person so appointed to collect shall actually reside within the barony, provided it shall appear to the magistrates and rate-payers assembled at the sessions of the barony, and to the grand jury, that his usual place of residence is sufficiently contiguous thereto; anything in the said recited Act to the contrary in anywise notwithstanding.
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6 & 7 Will. 4. c. 116. s. 5.
Grand jury may appoint last meeting of presentment sessions to be held where they deem expedient.
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14. And whereas in the said recited Act it is enacted, that it shall be lawful for the several grand juries in Ireland and they are thereby required at each assizes to appoint by presentment certain places within their respective counties, viz., 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 set forth in said recited Act; and said recited Act enacts, that such presentment shall appoint the last meeting of such sessions to be holden in the county court house: And whereas in many counties in Ireland the county court house is not centrally situated in regard to the county: Be it enacted, that it shall be lawful for the several grand juries, and they are hereby required, to appoint by presentment the last meeting of such sessions to be holden either in the county court house or such other court house or place as they may deem most conveniently situated for the purpose; and the presentment sessions for the county at large shall be holden there; any words in the said recited Act to the contrary notwithstanding.
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Grand jury may re-present sums in arrear to be levied on the lands on which they were originally required to be levied.
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15. 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, county of a city or town, to be raised and levied on such denomination, barony, county of a city or town, or on any part or portion thereof, upon which the same was originally required by the treasurer’s warrant to be levied; and such sums of money so re-presented shall be levied in the same manner, and subject to the same rules, regulations, provisions, and powers, as any other sums of money presented by any grand jury.
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6 & 7 Will. 4. c. 116. s. 130.
Contractors to produce certificates of county surveyor as to due execution of contracts at the sessions at which they apply for payment.
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16. And whereas the time limited by the said recited Act for lodging with the secretary of grand jury the certificates of the due execution of works contracted for, or of the performance of contracts, which contractors are by the said Act required to obtain from the county surveyor previous to applying for payment, has been found inconvenient; and it is expedient to amend the said Act in that respect: Be it therefore enacted, that it shall be sufficient for such contractors, and they are hereby required to produce such certificates as aforesaid at the sessions at which they may apply for payment; anything in the said Act requiring such certificates to be procured and lodged at any previous time to the contrary notwithstanding.
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[S. 17 rep. 55 & 56 Vict. c. 19. (S.L.R.)]
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6 & 7 Will. 4. c. 116. and this Act to be construed together.
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18. The said recited Act of the last session of Parliament for consolidating and amending the laws relating to the presentment of public money by grand juries in Ireland, shall continue in full force and effect, save and except so far as the same is expressly repealed or altered by this Act; and the said recited Act and this Act shall be construed together as one Act to all intents and purposes whatsoever.
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Extent of Act.
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19. This Act shall only extend to that part of the United Kingdom called Ireland.
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[S. 20 rep. 37 & 38 Vict. c. 35. (S.L.R.)]
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[1Short title, “The Grand Jury (Ireland) Act, 1837” See & 56 Vict. c. 10.] |
