Grand Jury (Ireland) Act, 1853

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GRAND JURY (IRELAND) ACT 1853

C A P. CXXXVI.

An Act for enabling Grand Juries in Ireland to borrow Money from private Sources on the Security of Presentment, and for transferring to Counties certain Works constructed wholly or in part with Public Money. [20th August 1853.]

‘Whereas it is expedient to enable Grand Juries in Ireland to raise Money on the Security of Presentments:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Money may be raised on the Security of Presentments repayable by Instalments, with Interest.

Grand Jury to appoint Committee to carry Presentment into effect.

I. It shall be lawful for the Grand Jury of any County, County of a City, or County of a Town, at any Assizes, or if in the County of Dublin at any Presenting Term, to present any Sum or Sums of Money for the Purpose of any Public Work which by Law it is or may be competent for them to present, (the estimated Cost of which shall not be less than One thousand Pounds) in order to obtain Advances by way of Loan from Parties willing to make such Advances, and to set forth in such Presentment that such Sum or Sums of Money shall be raised and levied by half-yearly Instalments of not less than Ten Pounds per Centum per Annum of the whole Sum to be expended, and likewise to present a Sum sufficient to pay the annual Interest of such Sum or Sums to be so expended, and from Time to Time remaining due, at such Rate (not exceeding Five Pounds per Centum), and likewise to include in such Presentment a sufficient Sum to defray the Expenses attendant upon obtaining an Examination and Report for the Information and Satisfaction of the Commissioners of Public Works in Ireland for the Purpose hereinafter mentioned, and to set forth in such Presentment what Part thereof shall be raised upon any Barony or Baronies in such County, or on the County at large; and the Treasurer of such County, County of a City, or County of a Town, shall and he is hereby authorized and required from Time to Time, without further Authority or Presentment in that Behalf, to issue his separate Warrant for or include in his general Warrant, at each Assizes or Presenting Term (if in the County of Dublin), such Portion or Portions of the whole Sum so presented, together with such Sum for Interest thereon, as may be necessary for the Purpose of paying the Instalments and Interest as aforesaid to any Party or Person who may, with the Sanction of the Commissioners of Public Works as herein-after provided, have made any Advance on the Faith of such Presentment, and the Sum or Sums inserted in such Warrant shall be raised and levied from and off the Barony or Baronies or County at large named in such Presentment and Warrant, in like Manner, from Time to Time, and with like Remedy in case of Nonpayment, as other Monies directed by any Warrant of such Treasurer are by Law to be or may be levied; and it shall be lawful for any such Grand Jury in every such Presentment to nominate and appoint a Committee, of not less than Three or more than Five Persons, to treat and agree and contract for a Loan with any Party or Person willing to make the same on the Security of such Presentment, and for the Rate of Interest which shall be paid on any such Loan, and otherwise to carry the said Presentment into effect, and every such Presentment may be in the Form in the First Schedule to this Act annexed.

Such Presentment to be subject to the Approval of the Commissioners of Public Works.

II. Provided however, That it shall not be lawful for any Party or Person to make any Advance on the Faith of any such Presentment until the Work for which such Presentment shall be made shall be sanctioned and approved by the said Commissioners of Public Works, such Sanction and Approval to be signified under the Hand of the Secretary of the said Commissioners for the Time being, to the Secretary of the Grand Jury, and all Money advanced under the Authority of this Act on the Credit of any such Presentment shall entitle the Party or Person advancing the same or his legal personal Representative or Assignee to be repaid with Interest in the Manner herein-before mentioned; and such Advance shall be paid over to the County Bank to the Credit of the Treasurer of such County, County of a City, or County of a Town, and accounted for by him in like Manner as any other Monies by him received for the Use of such County, and all Securities given by him shall extend to such Monies: Provided always, that any such Presentment as aforesaid shall be subject to the like Conditions as regards the previous Application to and Approval of the Justices and Cesspayers at Presentment Sessions, and to the like Traverse and all other Proceedings thereon, as other Grand Jury Presentments, but that after such Presentment shall be made and fiated it shall not be lawful for any Grand Jury to restrain the issuing of the Warrants which the Treasurer of such County, County of a City, or County of a Town ought from Time to Time to issue agreeably to the Provisions of this Act.

Committee to treat and agree for Loan.

III. When and so soon as any such Presentment as aforesaid shall have been duly certified by the Acting Clerk of the Crown, and the Sanction of the Commissioners of Public Works shall have been certified by the Secretary of the Grand Jury to the Committee so nominated and appointed therein, it shall be lawful for such Committee or any Three or more of them to treat, agree with, and contract for a Loan or Advance by any Party or Person willing to make the same on the Faith of such Presentment, to the Amount thereof, or such Part thereof as may be necessary, and also to agree and contract for the Rate of Interest (not exceeding the Limit aforesaid) to be paid in respect of such Loan or Advance, and the Terms of every such Contract and Agreement shall be reduced to Writing, on a certified Copy of such Presentment, and signed by the said Committee, or any Three or more of them, and by the Party or Person making such Loan or Advance, and delivered over to such Party or Person, and held by him as Security for every such Advance, until the whole of the Sum actually advanced, with Interest thereon as agreed upon, shall be fully paid off and discharged.

Treasurer of County to pay Party advancing on the Faith of Presentment.

IV. Every such Treasurer shall and he is hereby required to pay to the Party or Person who may have advanced Money on the Security of any such Presentment all and every such Sum as shall be received from the Baronial and other Collectors, by virtue of the Presentment and Warrants issued as aforesaid, until the whole Sum advanced shall be repaid, together with Interest thereon, to the Party or Person who may have advanced the same: Provided always, that all Monies in the Treasurer’s Hands shall also be applicable and be applied to pay the Instalments of Principal, with Interest thereon, according to the Terms of any such Presentment and the Contract and Agreement as aforesaid, and if it shall happen that any Money shall have been raised by virtue of any such Presentment which will not be required for the Purposes for which it shall have been so raised, the same shall be carried to the Credit of the County, County of a City, or County of a Town, or Barony from which it shall have been raised.

Where the Powers of the Grand Jury for Presentment are transferred to the Council of a Borough, such Council shall have the same Powers as a Grand Jury under this Act.

V. Provided always, That where under any Act of Parliament the Powers, Rights, and Duties of the Grand Jury of any County of a City or County of a Town in relation to the Appointment of Presentment Sessions, and the presenting and levying of Rates and Cesses for any Purpose, have been or shall hereafter be transferred to the Council of any Borough, the Council of such Borough shall have all the Powers and Authorities hereby vested in the Grand Jury of a County, and the Money included in any Presentment or Order to be made by such Council under this Act shall be raised in such Borough in manner by Law provided with respect to Money required for such Purposes in relation to which the Powers of the Grand Jury may be transferred as aforesaid to such Council; and the Certificate of the Town Clerk of such Borough on any such Presentment or Order shall be as effectual as the Certificate of the Acting Clerk of the Crown in the Case of a Presentment by the Grand Jury of a County.

Grand Jury may present Expenses incurred in Matters of Business.

VI. That in addition to the Purposes for which Grand Juries may now by Law present, it shall be lawful for the Grand Jury of any County, County of a City, or County of a Town to present to be levied off the County at large, such Sum or Sums of Money as may be incurred in defending such County on the Trial of any Traverse or other Proceedings in which such Grand Jury may consider the Rights of the Cesspayers should be defended and protected, and also such Sums as may be necessary for any Costs incurred in the Conduct and Management of any Matter of Business which any such Grand Jury may consider right and proper for the Interests or Benefit of such County should be confided to and conducted by any Counsel, Solicitor, or Agent: Provided, however, that no such Presentment shall be made unless there shall have been laid before such Grand Jury a Bill duly taxed and certified by the proper Taxing Officer of the Costs incurred for any of the Purposes aforesaid for which such Presentment shall be required.

1 & 2 W.4.c.33.

6 & 7 W.4. c.108.

2 & 3 Vict.c.50

9 & 10 Vict.c.3

10 & 11 Vict. c. 75.

VII. ‘And whereas under and by virtue of an Act of the Session holden in the First and Second Years of King William the Fourth, Chapter Thirty-three, an Act of the Session holden in the Sixth and Seventh Years of the same Reign, Chapter One hundred and eight, an Act of the Session holden in the Second and Third Years of Her Majesty, Chapter Fifty, an Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter Three, and an Act of the Session holden in the Tenth and Eleventh Years of Her Majesty, Chapter Seventy-five, certain Harbours, Piers, Quays, Landing Places, and other Works in Ireland have been constructed or improved by the Commissioners of Public Works in Ireland wholly or in part with Public Money: And whereas, under and by virtue of the said last-mentioned Act, and an Order made by the said Commissioners of Public Works, dated the Sixth Day of February One thousand eight hundred and forty-nine, and published in the Dublin Gazette of Friday the Sixteenth of February in the same Year, several Harbours, Piers, Quays, Landing Places, and other Works on the Sea Coast of Ireland which within Forty-five Years before the passing of such Act had been made, wholly or in part, with Public Money advanced for the Improvement of the Fisheries, have become vested in such Commissioners, and the Counties liable to be charged with the Cost of the Repair and Maintenance of such Works (in case of the Insufficiency of the Tolls, Rates, or Rents accruing thereout,) are set forth in such Order: And whereas it is expedient to provide for the future Maintenance and Preservation of all the said Harbours, Piers, Quays, Landing Places, and Works constructed or improved by the said Commissioners of Public Works as aforesaid, and of the like Works which may be hereafter constructed or improved by such Commissioners under the said Acts, and also of the Works so vested in the said Commissioners as aforesaid, which said Harbours, Piers, Quays, Landing Places, and Works, heretofore constructed or improved as aforesaid, and vested in the said Commissioners as aforesaid, are respectively mentioned in the Second Schedule to this Act annexed:’

Commissioners of Public Works may transfer Harbours, Piers. Quays, &c. to Grand Juries of Counties.

Nothing to alter or abridge Powers of Commissioners for recovering Monies advanced by way of Loan, and Interest thereon.

Tolls and Rates to be fixed by Commissioners of Public Works, with Approbation of the Treasury.

Nothing to affect Powers of Commissioners of Public Works to make Byelaws, &c.

It shall be lawful for the said Commissioners of Public Works (by and with the Consent and Direction of the Commissioners of Her Majesty’s Treasury), by Warrant under the Hands of the said Commissioners of Public Works or any Two of them, from Time to Time to direct that any Harbour, Pier, Quay, Landing Place, or other Work mentioned in the said Schedule, or which at any Time hereafter shall be erected, constructed, or made, altered or improved, by the said Commissioners of Public Works, out of the Sums of Fifty thousand Pounds and Forty thousand Pounds granted by the said Acts of the Ninth and Tenth and Tenth and Eleventh Years of Her Majesty, or any Land at, about, or adjoining such Harbour, Pier, Quay, or Landing Place purchased by and vested in the said Commissioners under the Provisions of the said Acts or either of them, shall be deemed and become the public Property of the County in which such Harbour Pier, Quay, Landing Place, or other Work may be situate, and from and after the Date of any such Warrant such Harbour, Pier, Quay, Landing Place, or other Work, together with all Ways, Rights, Members, and Appurtenances thereto belonging, and such Land, shall be deemed and taken to be the public Property of such County, and be held, maintained, and preserved by the Grand Jury of the County mentioned in such Warrant in like Manner as any public or County Road or Bridge within such County the Expense of which is or may be chargeable to such County or any Barony thereof: Provided always, that nothing in this Provision contained shall in any Manner affect, alter, or abridge the Powers of the said Commissioners of Public Works under the said Acts of the Ninth and Tenth and the Tenth and Eleventh Years of Her Majesty, or either of them, for the raising, levying, and recovering the Amount specified in any Final Award made or to be made by the said Commissioners of Public Works, and therein stated to have been advanced by way of Loan, or the Interest thereof: Provided also, that the Tolls and Rates to be levied and paid for the Use of any such Harbour, Pier, Quay, Landing Place, or other Work shall be from Time to Time fixed by the said Commissioners of Public Works, with the Approbation of the Commissioners of Her Majesty’s Treasury; but all such Tolls and Rates shall belong to the County in which such Work may be situate, and shall be levied, collected, and applied, under the Direction of the Grand Jury of such County, and Payment thereof may be enforced by such Person as they may appoint to receive the same, in like Manner as Payment of the Tolls or Rates for the Use of such Work as aforesaid may, under the said Acts or any of them, be enforced by the said Commissioners of Public Works, or their Lessees or Officers: Provided also, that nothing in this Provision, or in any Warrant of the said Commissioners for making any such Harbour, Pier, Quay, Landing Place, or other Work, the public Property of any such County as aforesaid, shall prevent the said Commissioners of Public Works from exercising the Powers contained in the said Acts of the Sixth and Seventh Years of King William the Fourth and of the Ninth and Tenth Years of Her Majesty, in respect to the making, altering, or repealing of any Byelaws, Rules, Orders, and Regulations, as therein mentioned, or in anywise affect the Powers or Provisions of the said Acts in relation to such Byelaws, Rules, Orders, or Regulations, but such Powers may be exercised by the said Commissioners of Public Works, in respect to any such Harbour, Pier, Quay, Landing Place, or other Work, as if no such Warrant had been executed for vesting any such Pier, Harbour, Quay, Landing Place, or other Work in any such County as aforesaid.

Grand Jury may present for Repairs of Harbours, Piers, Quays. &c.; and enter into Contracts for Repairs of such Harbours, &c.

VIII. It shall be lawful for the Grand Jury of any County in which any such Harbour, Pier, Quay, Landing Place, or other Work may be situate to present to be raised off the County at large, or any Barony or Baronies therein, such Sum and Sums of Money as may from Time to Time be necessary for the Repair and Maintenance of any such Work which may become the Property of any such County as aforesaid, and to contract for the Maintenance and Repair of any such Work for any Term not exceeding the Term of Seven Years, and, without any Application to Presentment Sessions, to present to be raised off such County at large, Barony or Baronies, from Time to Time for the Amount necessary to pay the Person or Persons with whom any such Contract shall be made.

Grand Jury to appoint “Harbour Constable” for enforcing Byelaws, and for Care and Conservancy of Work; and may present for his Salary.

IX. It shall be lawful for the Grand Jury of the County in which any such Harbour, Pier, Quay, Landing Place, or other Work may be situate to appoint, from Time to Time as Occasion shall require, a proper Person, at such Salary as they may think fit, not exceeding the Sum of Twenty Pounds per Annum, for enforcing the Byelaws, Rules, Orders, and Regulations (if any) which shall or may be made by the Commissioners of Public Works respecting any such Work, and for the Purpose of settling all Disputes which may arise with respect to the Occupation or Use and the due and proper Care and Preservation of any such Harbour, Pier, Quay, Landing Place, or other Work; and such Person so to be appointed shall be called “the Harbour Constable,” and shall have, for the Purposes aforesaid or any of them, in addition to the Powers hereby or by any such Byelaws given, the same Rights, Powers, and Authorities as if he had been appointed to and formed Part of the Constabulary Force established in and for any County in Ireland; and it shall be lawful for the Grand Jury of any such County to present for the Amount of the Salary so agreed to be paid to any such Harbour Constable, without any Application to Presentment Sessions.

Application of Penalties in respect of Piers, Harbours, &c.

X. One Half of every Sum of Money levied as a Fine or Penalty under the Provisions of the said Acts of the Sixth and Seventh Years of King William the Fourth and the Ninth and Tenth Years of Her Majesty, or either of them, or under or in respect of any Byelaw heretofore made or which shall be made by the said Commissioners of Public Works, in respect of any such Harbour, Pier, Quay, Landing Place, or other Works, which shall become the Property of any such County, shall be paid to the Informer or Person who shall be the Means of bringing to Justice any Person offending against such Acts or either of them or such Byelaw as aforesaid, and the remaining Half shall be paid to the Treasurer of the County in which any such Harbour, Pier, Quay, Landing Place, or other Work shall be situate, to be by him brought to the Credit of such County.

Commissioners of Public Works may execute Works of Repair of Harbours, Piers, Quays, &c. in certain Cases.

XI. In case the Lord Lieutenant or other Chief Governor or Governors of Ireland shall signify to the Commissioners of Her Majesty’s Treasury that any such Harbour, Pier, Quay, Landing Place, or other Work which may become the Property of any such County as aforesaid is not kept and maintained in good and proper Repair by the Grand Jury of the County in which any such Work may be situate, or that any sudden Breach or Damage has occurred to any such Work, it shall and may be lawful for the Commissioners of Her Majesty’s Treasury in any such Case, if they think fit, on an Estimate being laid before them by the Commissioners of Public Works or any Two of them, setting forth what Sum will be requisite and necessary from Time to Time for the Repair of any such Harbour, Pier, Quay, Landing Place, or other Work, and stating the Situation of such Harbour, Pier, Quay, Landing Place, or other Work, and of the Repairs required for the same, to direct that any such Sum or Sums of Money required by such Commissioners of Public Works, or any Part thereof, be advanced and paid to such Commissioners out of the growing Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to be applied, under the Directions of the said Commissioners of Public Works, in the repairing of any such Harbour, Pier, Quay, Landing Place, or other Work.

Mode of Repayment of Money expended on such Repairs.

XII. Whenever any such Harbour, Pier, Quay, Landing Place, or other Work shall be repaired under the Direction of the said Commissioners of Public Works, the said Commissioners or any Two of them shall certify to the Lord Lieutenant or other Chief Governor or Governors of Ireland the total Amount of the Expense incurred by such Repair, and thereupon the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or in his Absence the Under Secretary, shall certify to the Secretary of the Grand Jury of any County within which any such Harbour, Pier, Quay, Landing Place, or other Work shall be situate, the Amount of Money which shall have been expended upon the Repair of such Harbour, Pier, Quay, Landing Place, or other Work within any and every such County respectively out of the Advances authorized by this Act; and every such Certificate shall be laid before the Grand Jury of any and every such County at the next Assizes after the Date of such Certificate of the Chief or Under Secretary, and thereupon the Grand Jury shall present for the Amount of such Expenses as stated in such Certificate to be raised off such County at large, or any Barony or Baronies therein; and when and as soon as the Sum so to be presented as aforesaid shall be raised and received by the Treasurer of any such County, such Treasurer shall pay over the same to the Paymaster of Civil Services in Ireland, or in such Manner as the Commissioners of Her Majesty’s Treasury shall direct.

So much of 10 & 11 Vict. c. 75. as relates to Proceedings previous to First Repairs of Piers, &c. repealed.

XIII. ‘And whereas in and by the said Act of the Tenth and Eleventh Years of Her Majesty it was enacted, that the said Commissioners of Public Works, with the Approval of the Commissioners of Her Majesty’s Treasury, might, if they thought fit, out of the Funds therein mentioned, advance by way of Grant any Part of the Expenses of the First Repair of any Harbour, Pier, Quay, Landing Place, or other Work vested in them under such Act, and previously to such First Repair such Proceedings should be had and taken as by the said Act of the Ninth and Tenth Years of Her Majesty are required to be previously had or taken in the Case of any new Pier, Quay, Harbour, or other Work the Expense of which was partly to be paid by any County or District: And whereas it is expedient to amend the said Provision:’

So much of the said Act of the Tenth and Eleventh Years of Her Majesty as directs that, previous to such First Repair of any Harbour, Pier, Quay, Landing Place, or other Work vested in the said Commissioners of Public Works, such Proceedings shall be had and taken as by the said Act of the Ninth and Tenth Years of Her Majesty are required to be previously had or taken in the Case of any new Pier, Quay, Harbour, or other Work the Expense of which is partly to be repaid by any County or District, shall be repealed, save as to any Matter or Thing heretofore done under such Provision.

Harbours, Piers Quays, &c. may be repaired by Commissioners of Public Works at any Time previous to same being transferred to the County.

XIV. Previously to the Time when any Harbour, Pier, Quay, Landing Place, or other Work shall become the public Property of any County as aforesaid, it shall and may be lawful for the said Commissioners of Public Works, with the Sanction and Approval of the Commissioners of Her Majesty’s Treasury, if they think fit, out of the Residue now remaining unapplied of the several Sums of Fifty thousand Pounds and Forty thousand Pounds in and by the said Acts of the Ninth and Tenth and the Tenth and Eleventh Years of Her Majesty granted for the Purposes of the said Acts, to apply such Sum of Money as may in the Opinion of the said Commissioners of Public Works be necessary for the Repair of such Harbour, Pier, Quay, Landing Place, or other Work without charging such Sum or any Part thereof on such County.

9 & 10 Vict.c.3.

XV. ‘And whereas in and by the said Act of the Ninth and Tenth Years of Her Majesty it was enacted, that any Sum of Money which under the Final Award of the said Commissioners of Public Works should be payable by any County in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of the said Act should be payable by the Grand Jury of such County, and the Secretary of the said Commissioners should certify to the Secretary of such Grand Jury the Amount of such Sum of Money, and the Instalments and Manner by and in which the same was payable under the Award of said Commissioners, and such Grand Jury was required, without Application to Presentment Sessions, to make Presentment of the Amount of such Costs, Charges, and Expenses, or of the Instalments from Time to Time payable in respect thereof, as stated in such Certificate, together with Interest, as therein mentioned, to be raised off the County at large; and it is by said Act also enacted, that any Sum of Money which under such Final Award should be payable by any District in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of said Act, with Interest thereon, as therein mentioned, should be charged upon the Occupiers of and other Persons rateable in respect of Lands and Hereditaments within such District, and rated as therein mentioned, and should be payable either in One Sum, or by Instalments, as specified in such Award, by the Ratepayers therein mentioned, the same to be assessed and levied as therein mentioned: And whereas it is expedient to make other Provision for the Collection and Repayment of all Sums which under any Final Award of the said Commissioners should be payable by any County or by any District in respect of Monies advanced by way of Loan for or in respect of any Work executed under the Provisions of the said last-mentioned Act:’

Monies payable by County or District under Award to be presented by Grand Jury.

Where any Sum of Money under the Final Award of the said Commissioners already made, or hereafter to be made, is or shall be payable by any County and District, or either of them, in respect of Monies advanced by way of Loan for or in respect of any Harbour, Pier, Quay, Landing Place, or other Work, under the Provisions of the said Act of the Ninth and Tenth Years of Her Majesty, or of this Act, the same shall be payable by the Grand Jury of such County; and the Secretary of the said Commissioners shall certify to the Secretary of such Grand Jury the Amount of such Sum of Money, and the Instalments and Manner by and in which the same is payable, under the Award of the said Commissioners; and such Grand Jury are hereby required, without Application to Presentment Sessions, to make Presentment of the Amount mentioned in such Certificate to be payable at the Times and in the Manner stated in such Certificate, to be raised off the County at large and District, or either of them, as the Case may be; and in default of such Presentment, the Court, at such or the next Assizes, shall order the Amount mentioned in such Certificate to be raised off such County and District, or either of them, as the Case may be, and such Order shall have the Force and Effect of a Presentment; and the Treasurer of such County shall insert such Amount as shall be so presented or ordered as aforesaid in his Warrant or Warrants, and the same shall be applotted, raised, and levied, sued for and recovered, by such and the same Ways and Means as any Grand Jury Cess; and when and so soon as such Amount as aforesaid shall be raised and received by the Treasurer of the County, such Treasurer shall immediately pay the same to the Paymaster of Civil Services in Ireland for the Time being, and the same shall be by him paid over and applied, in such Manner as the Commissioners of Her Majesty’s Treasury shall from Time to Time direct, in discharge of the Loan mentioned in any such Award, and chargeable to such County and District, or either of them.

Monies payable under Awards by Proprietors to be paid to the Paymaster of Civil Services.

XVI. Any Sum of Money which under any such Final Award shall be payable by any Proprietor of Lands in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of the said Act of the Ninth and Tenth Years of Her Majesty, together with Interest for such Sum, as by the said Act provided, from the Date of such Award, shall be paid and payable to the Paymaster of Civil Services in Ireland for the Time being, and the same shall be by him paid over and applied, in such Manner as the Commissioners of Her Majesty’s Treasury shall from Time to Time direct, in discharge of the Loan, and Interest thereon, chargeable on the Lands of such Proprietor, as mentioned in any such Award: Provided always, that nothing herein contained (save as lastly herein-before mentioned) shall in any Manner alter or affect the Provisions of the said Act with respect to Repayment of such Loan or the Recovery thereof in case of Nonpayment of the same.

6 G. 4. c. 101.

XVII. ‘And whereas by an Act of the Sixth Year of King George the Fourth, Chapter One hundred and one, Provision was made for the Repair and Maintenance of certain Roads and Bridges in Ireland made wholly or in part at the Public Expense, and by the said Act of the First and Second Years of King William the Fourth the said Act of King George the Fourth, which had expired, was revived, and the Repair and Maintenance of such Roads and Bridges placed under the Direction of the said Commissioners of Public Works: And whereas the several Roads and Bridges which have been made by the said Commissioners of Public Works under the said Act of the First and Second Years of King William the Fourth, and the Acts amending the same, have hitherto been maintained by the said Commissioners of Public Works, and the Expenses incurred in such Maintenance have from Time to Time been repaid by means of Grand Jury Presentment by the Counties in which such Roads are respectively situate: And whereas it is expedient that the Maintenance of all the said Roads and Bridges should be transferred to the respective Counties in which such Roads or Bridges may be situate:’

Roads and Bridges bitherto maintained by Commissioners of Public Works vested in Grand Jury.

All Roads and Bridges in Ireland heretofore maintained and repaired by the said Commissioners of Public Works, under the said Acts of the Sixth Year of King George the Fourth and the First and Second Years of King William the Fourth, and also all Roads and Bridges heretofore made by the said Commissioners, either wholly or in part at the Public Expense, by means of free Grants, under the said Act of the First and Second Years of King William the Fourth, or any of the Acts amending the same, and heretofore maintained by the said Commissioners of Public Works, shall from and after the First Day of July next ensuing be considered and deemed public County Roads and Bridges the Property of the Counties in which such Roads and Bridges shall be respectively situate, and the same Roads and Bridges respectively shall be kept in repair and maintained as public County Roads and Bridges within such Counties respectively are now kept in repair and maintained: Provided always, that when any such Bridge shall be situate partly in One County and partly in another, the Expense of repairing and maintaining such Bridge shall be borne and defrayed equally between such Counties, and Presentments made accordingly.

Existing Contracts for Maintenance and Repairs of Roads and Bridges transferred to Grand Jury.

XVIII. ‘And whereas Contracts or Agreements have been entered into by the said Commissioners of Public Works with certain Persons for the Maintenance and Repairs of certain of the said Roads and Bridges, and which Contracts are still subsisting, and it is expedient to make due Provision for the same:’

From and after the said First Day of July all the Benefit and Obligation to which the said Commissioners of Public Works may be entitled or subject under any Contract entered into with them, and then in force, for the Repair of any such Road or Bridge as aforesaid, and under any Bond or other Instrument as a Security for the Performance of any such Contract, shall, without any Act or Deed whatever to be done by the said Commissioners of Public Works or any other Person, become transferred to and vest in the Grand Jury of the County in which any such Road or Bridge to which such Contract shall relate shall be situate, and every such Contract, Bond, or other Instrument may be proceeded upon by or on behalf of such Grand Jury, or at their Instance, in the same Manner as if such Contract, Bond, or other Instrument had been entered into in pursuance of the Provisions of the several Acts relating to the Presentment of Public Monies by Grand Juries in Ireland for the Repairs of Roads or Bridges, and every Person who entered into such Contract shall be entitled to the full Benefit of such Contract, as against such Grand Jury, and the same shall be as binding on such Grand Jury as if the same were entered into with such Grand Jury, and from and after the said First Day of February the Liability of the said Commissioners of Public Works in respect to any such Contract shall cease and determine.

6 & 7 W.4.c.35.

XIX. ‘And whereas by an Act of the Session holden in the Sixth and Seventh Years of King William the Fourth, Chapter Thirty-five, certain Roads therein mentioned or referred to, passing to, from, and between the General Post Office in the City of Dublin and the Harbour at Howth, were, with the said Harbour and other Works and Matters therein mentioned, vested in the Commissioners acting in execution of the said Act of the First and Second Years of King William the Fourth, now the Commissioners of Public Works in Ireland, the same to be thenceforth repaired, maintained, and supported by the said Commissioners, as therein mentioned: And whereas it is no longer necessary or expedient that the said Roads should continue to be repaired and maintained by the said Commissioners of Public Works:’

Road from Dublin to Howth (save that Part commonly called the North Strand) vested in and to be maintained by the Trustees of the Road.

From and after the First Day of October next so much of the said Act of the Sixth and Seventh Years of King William the Fourth as vests in the said Commissioners of Public Works the said Road from Dublin to Howth, and enacts that the same shall be repaired, maintained, and supported by such Commissioners, and provides that Payments shall be made as therein mentioned to such Commissioners for the Repairs of such Roads, shall be repealed; and the said Road from Dublin to Howth (save that Part commonly called the North Strand, herein-after specially provided for,) shall be vested in and maintained and kept in repair by the Trustees respectively acting in execution of the several Acts passed by the Parliament of Ireland in the Twenty-sixth, Twenty-eighth, Twenty-ninth, Thirty-first, Thirty-second, Thirty-third, and Thirty-eighth Years of King George the Third, in the said Act of the Sixth and Seventh Years of King William the Fourth, Chapter Thirty-five, mentioned or referred to, and of the Act of the Fifty-sixth Year of King George the Third, in the same Act of the Sixth and Seventh Years of King William the Fourth also mentioned or referred to, and of any other Act or Acts of Parliament respecting the said Roads, in the same Manner, and with, subject to, and under the same Powers, Authorities, and Provisions, as if the Act of the Fourth Year of King George the Fourth, Chapter Seventy-four, relieving such Trustees from the Burden of the Repair of the said Road, and providing for the Repair thereof by the Commissioners therein mentioned, and any subsequent Act providing for such Repair by any other Commissioners, had not been passed.

Portion of Road from Dublin to Howth called North Strand to be deemed a public Road.

Presentment for Repairs and Maintenance thereof to be made.

XX. From and after the said First Day of October the said Road commonly called and known as the North Strand, commencing at the Circular Road near to the City of Dublin, and ending at Annesley Bridge, shall be considered a public Road within the County of the City of Dublin, and be maintained and kept in repair in like Manner and subject to the like Provisions as all other Roads being within the said County of the City of Dublin, and any Sum of Money which may appear by the Certificate of the said Commissioners of Public Works to be now due and owing to the said Commissioners for Repairs heretofore made to the said Road shall be presented for by the Council of the Borough of Dublin, in like Manner as they are now authorized to present for Monies for the Repairs of any Road within the County of the City of Dublin, to be paid to the said Commissioners of Public Works at such Times as shall be mentioned in such Certificate.

Interpretation.

XXI. The Term “Treasurer,” when used in this Act, shall, as regards the County of Dublin, be held to signify the Finance Committee; and the Instalments herein directed to be raised half yearly shall, as regards the said County of Dublin, be held to signify yearly; and the Amount of each Instalment, exclusive of Interest, to be not less than Ten per Cent. of the whole Amount of the Sum presented.

FIRST SCHEDULE.

County of to wit.}       Assizes. 18 .

We the Grand Jury of the County of            duly assembled and sworn at the            Assizes, held at            in and for the said County            on the            Day of            , in pursuance of

Insert the Act or Acts enabling the Grand Jury to present for the Work, the Years of the Queen’s Reign, and the Chapter and Section of each Act respectively, as printed by the Queen’s Printers.

do present the Sum of            , for the Purpose of

State for what the Presentment is.

And further, in pursuance of the Powers to us in that Behalf given in and by an Act of the            Victoria, intituled [here state Title of this Act], and to enable us to borrow the said Sum of            from any Party or Person who may advance such Sum; and, in order to repay the same, we do present that the said Sum be raised and levied upon

State the Barony or Baronies or County at large, as the Case may be.

by half-yearly Instalments of

The Instalments cannot be less than 10l. per Cent. per Annum of the whole Sum to be presented.

            each, the First of said Instalments to be raised after the present Assizes, and the remaining Instalments after the next and each and every successive Assizes, until the whole of the said Sum shall be raised and discharged: And further, in pursuance of the Powers in the said Act contained, we do further present the Sum of

Insert a Sum sufficient to pay the annual Interest which will accrue during the Period of the Loan.

to be raised upon the

State Barony or Baronies or County at large.

The Sum borrowed.

to pay the annual Interest of the said Sum of            or of such Part of the same as shall from Time to Time remain due, at such Rate not exceeding Five per Cent, as may be agreed upon; and we present the said Sum of

The Sum above presented for Interest.

            to be raised half yearly in such Sums as may be from Time to Time required to satisfy the Interest of so much of the said Principal Sum as shall be and remain due after the Application of the Sums presented to be levied for its Satisfaction, One of such Sums or Instalments to be raised upon the

State Barony or Baronies or County at large.

Ditto.

            , after the present and every future            Assizes, and the other upon            after the next and every future            Assizes, in the next and each succeeding Year, until such Principal Sum shall have been fully paid as aforesaid:

An adequate Sum to be here inserted in the Presentment, beyond the Estimate for the Works, to cover the Expenses of the Investigations of the Officers of the Board of Works.

And further, for the said Purpose and to defray the Expenses attendant upon obtaining an Examination and Report for the Information and Satisfaction of the Commissioners of Public Works in Ireland, as provided for by the said Act, we do further present a Sum of

As before.

to be raised upon            , immediately after the present Assizes, and to be paid to the Treasurer for that Purpose:

Insert here the Names of not less than Three or more than Five Persons to act as a Committee.

And we nominate and appoint

            to treat and agree and contract for a Loan with any Party or Person willing to make the same on the Security of this Presentment, and for the Rate of Interest which shall be paid on such Loan, and otherwise to carry this Presentment into effect.

SECOND SCHEDULE referred to in the foregoing Act.