County Dublin Grand Jury Act, 1844

COUNTY DUBLIN GRAND JURY ACT 1844

CHAPTER CVI.

An Act to consolidate and amend the Laws for the Regulation of Grand Jury Presentments in the County of Dublin. [1] [9th August 1844.]

[Preamble recites 6 and 7 Will. c. 116. and expediency of assimilating the law in County of Dublin to that in other parts of Ireland.]

[S. 1 rep. 37 and 38 Vict. c. 96. (S.L.R.)]

No presentment for raising money to be made by grand jury of county of Dublin, except at Easter term.

Grand jurors oath.

2. It shall not be lawful for any grand jury of the county of Dublin to present, or for the judges or justices of any court to allow any presentments, for the raising or levying any money off the county of Dublin at large, or off any barony within the said county, except at Easter term in every year; and such Easter term shall be designated the presenting term for the county of Dublin; and on the first day of every such term the clerk of the crown in open court shall administer to each of the grand jurors to be impannelled the oath following; (that is to say,)

‘You shall diligently inquire, on behalf of the county of Dublin, and true presentment make, of all such matters and things as shall be lawfully given to you in charge, or as shall come before you in anywise relating to the raising of any money upon the said county of Dublin, or upon any barony, half barony, district, 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, malice, or ill-will, nor through fear, favour, affection, nor reward.

So help you GOD’.

Grand jury shall transact fiscal business in open court, in such place and at such times as judges of Queen’s Bench shall appoint; accounts of presentment shall be laid before court to be fiated, and grand jury shall be called over each morning.

Penalty for non-attendance,

3. The grand jury of the said county of Dublin, so impannelled at the presenting term in each year, shall be and be deemed to be the grand jury of the said county for all the purposes of this Act, and shall transact the fiscal business of the said county in open court, and in such place or room, and within such times, during term, as the judges of the Court of Queen’s Bench from time to time shall appoint, not exceeding twelve days from the first day of each presenting term; and the secretary of the grand jury shall cause to be laid before the Court of Queen’s Bench, two days at least before the last day that shall be appointed by the judges as aforesaid for the finishing of the fiscal business, all accounts of presentments to be fiated by the court; and each grand jury shall for the whole period during which they shall sit be called over each morning at sitting by the foreman or person acting as such, 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 Court of Queen’s Bench, and unless the same shall be excused on the ground of illness, or other good and substantial reason, to the satisfaction of the court, such fine and penalty shall be by the said court 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 forty shillings for each such default, to be in like manner recovered and applied: Provided always, that nothing herein contained shall limit or affect the authority of the said court to enforce the attendance of any grand juror as said court may now enforce such attendance.

Appointment of county officers.

Grand jury shall appoint secretary.

4. Upon the death, resignation, or removal of the present secretary of the grand jury it shall be lawful for the grand jury at any such presenting term to appoint a proper person to act as their secretary; and the secretary who shall be appointed 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, the clerk of the peace or his known deputy is hereby required to act as such until the last day of the ensuing presenting term; 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; but in case of the illness of the secretary it shall and may be lawful for such secretary to appoint a deputy, for whom he shall be responsible, and who shall perform the duties of said secretary during his illness: Provided always, that it shall not be lawful to appoint or continue joint secretaries, or more than one person as secretary in the said county.

Secretary shall not be also the clerk of the peace, &c.

Penalty for neglect of duty.

5. It shall not be lawful for the same person to be appointed secretary of the 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 gaols; and in case the secretary of the 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 the Court of Queen’s Bench, 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.

Lord lieutenant in council shall require grand jury to divide the county into road districts, and fix salaries of surveyors.

Grand jury shall fix boundaries of districts.

No barony to be divided.

6. It shall be lawful for the lord lieutenant, by order in council, at any time and from time to time hereafter, to require and direct the grand jury of the said county, at the Easter or Michaelmas term next following the making of such order, to divide the said county into as many road districts as in and by such order shall be directed, or to alter any districts, and fix and declare the salary of the surveyors to be appointed for each district, and the scale by which such salary shall be at any time augmented; and the said grand jury shall thereupon declare and define by presentment the boundary of each such district, and set forth the townlands or denominations to be contained therein; provided, however, that no barony shall be divided, but the whole of each barony shall be placed in one district; and the presentment for such division or alteration of division of the county shall be laid before the court, and fiated with the other presentments; and from and after the fiating of such presentment the several districts to be formed shall be and constitute the road districts respectively of the said county for the purposes of this Act.

Grand jury to appoint surveyors.

7. It shall be lawful for the grand jury of the said county, at any presenting term, to appoint one surveyor for each road district, at such salary and subject to such augmentation as shall have been so fixed and determined by the lord lieutenant in council.

Duties of district surveyors.

8. Each surveyor to be appointed as aforesaid shall attend at each presentment sessions herein-after directed to be held in and for his district for the reception of applications for presentments, and also at the presentment sessions for the county at large, and shall afford such professional advice and assistance in the consideration thereof as may be required of him, under the direction of the grand jury, the finance committee herein-after directed to be appointed, or presentment sessions, and shall prepare forms of tenders and proposals, estimates, specifications, maps, plans, sections, or elevations of any work approved thereat, and shall himself make such application, when necessary, as herein-after directed, and shall also attend upon the grand jury, and as far as possible 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 shall also report generally on the state of public works in their respective districts, and on all applications on the 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 or finance committee 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 nuisance 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 or finance committee.

Surveyors may be dismissed by lord lieutenant or grand jury.

Appointment of deputies.

9. Any surveyor appointed under this Act may be at any time suspended or dismissed or his salary withheld for neglect or misconduct, at the pleasure of the lord lieutenant, or by the grand jury at any presenting term; and in such case, and on every other vacancy, however occasioned, the grand jury at the next presenting term shall appoint a successor from and out of the persons who shall be from time to time certified to be qualified as aforesaid: Provided always, that in case of indisposition or other unavoidable cause, proved on oath to the satisfaction of the grand jury or of any three justices of the peace for the said county, 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.

On death, resignation, or dismissal of present collectors, grand jury shall appoint collectors for each barony.

Appointment of collectors pro tempore.

10. Upon the death, removal, or resignation of any of the present collectors the grand jury of the said county shall at any presenting term appoint a proper person, not being a magistrate or attorney, to be 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 the proportion which such barony may be liable to pay towards the money presented to be raised on the county at large; and every such collector 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 or collector: Provided always, that if any such collector shall happen to die before he shall have collected the whole of the money presented to be raised as aforesaid on such barony for which he shall be collector, or if any case of vacancy should occur, or if any collector shall become incapable of performing his duty by illness or otherwise, it shall be lawful for the finance committee for the said county to appoint another fit and proper person to be collector pro tempore, until a collector shall be appointed by the grand jury as aforesaid.

Collectors shall enter into security.

Grand jury to fix the poundage to be allowed.

Proviso.

Deputy collectors.

How securities may be put in suit.

11. Provided always, that no person shall act as collector unless he shall have given security before the acting foreman of the grand jury at some presenting term, or before some justice of the peace, being a member of the finance committee (if such collector shall have been appointed by the finance committee), by two sufficient sureties, to be approved of by the grand jury or finance committee, joining with him in executing a bond and warrant of attorney, without stamp, to confess judgment to the secretary of the grand jury, conditioned for his duly collecting and paying into the Bank of Ireland, to the credit of the finance committee, from time to time, so long as he shall continue collector, or till the grand jury shall otherwise determine, all such public money as he is or shall be required to collect, and that he shall at no time retain in his possession a larger sum than one hundred pounds; and it shall be lawful for the grand jury to fix a sum not exceeding one shilling in the pound on the amount of the collection to be paid to each of the present collectors for his trouble therein, and a sum not exceeding nine-pence in the pound on the amount of the collection to be paid to every collector hereafter to be appointed for his trouble therein: Provided always, that no presentment for the payment of such poundage, or any balance thereof, shall be made by any grand jury, or fiated by the court, unless the warrant under which such collector has levied such public money shall be annexed to such presentment, nor unless such collector and his deputy respectively shall make affidavit before the acting foreman of the said grand jury that such public money has been fairly and impartially levied, and that no more than the sum authorized by the warrant has been collected, to the best of his and their knowledge and belief; and every 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 secretary of the grand jury for the time being, who shall be entitled to continue the proceedings of any former secretary on filing a suggestion stating his appointment to such office, or on his making it otherwise appear to the court in which such proceeding may be pending that he is the acting secretary.

Duties of collectors.

Collectors may be suspended or dismissed for negligence by finance committee.

12. Every collector shall commence his collection with as little delay as possible after receipt of his warrant, and shall lodge the amount collected from time to time in the Bank of Ireland to the credit of the finance committee of the county, and shall not at any time retain in his hands more than one hundred pounds, but shall lodge the same with all convenient expedition in the said Bank of Ireland, and shall attend the finance committee from time to time, and make up the accounts of his collection when and as such finance committee shall direct, and furnish them with a copy or vouchers of all receipts and lodgments; and in case of any inattention, neglect, or misconduct on the part of any such collector it shall be lawful for the said finance committee to suspend or dismiss such collector, and to appoint another person to act in his place in completing such collection, whereupon the said collector shall hand over his warrant, with a list of the persons whose grand jury cess may have been paid or may remain unpaid; and if such collector shall refuse or neglect for one week to deliver over such warrant and list as aforesaid, after being required so to do, he shall forfeit the sum of twenty pounds, to be recovered by civil bill, or before any justice of the peace, at the suit of the finance committee; and the person so appointed to act in the place of the collector so suspended or dismissed shall, after having entered into security as aforesaid, have and possess all the rights, powers, and privileges of a collector duly appointed by the grand jury under this Act, until the first day of the then next presenting term, but no longer.

Presentments on county at large.

Building, repairing, &c. of court houses.

Sums presented may be raised by instalments.

13. It shall and may be lawful for the grand jury of the said county at any presenting term, application being previously made at presentment sessions as herein-after directed, to present such sum or sums of money, to be raised off the county at large, as shall be necessary for building, rebuilding, enlarging, repairing, altering, hiring, furnishing, or fitting up any court house or sessions house therein, whether for any other purpose required by law, or for the purposes of presentment sessions under this Act; 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 the 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 off the 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.

Sufficient and commodious sessions houses to be provided.

Commissioners of public works to build sessions houses in certain cases.

14. If, in any town or place at which the lord lieutenant hath directed or may hereafter direct that a quarter sessions of the peace, or any adjournment thereof, shall be holden for the despatch of civil or criminal business, there be not a sufficiently commodious or convenient sessions house, it shall be lawful to and for the said lord lieutenant to direct any architect or engineer as he shall deem advisable to 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 expence 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 the copy of the warrant of the lord lieutenant, before the grand jury, at the presenting term 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 the last day of such presenting term, 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 architect or engineer 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 forthwith advertise for tenders for the execution thereof, and shall lay the same, together with the presentment, and the specifications, maps, plans, sections, and elevations, as approved of by the grand jury, and the tenders for execution thereof, before the next adjourned presentment sessions holden for the county at large; and the tenders that shall be made for the execution of such works shall be opened at 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 calendar months from the last day of the presenting term in 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 presenting term 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 also, 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.

Secretary of the grand jury may advertise for plans, &c. of works required.

Remuneration for the same.

15. It shall be lawful for the secretary of the grand jury, under direction of any presentment sessions for the county at large, to advertise in the public newspapers for surveys, specifications, maps, plans, sections, and elevations from professional engineers and architects, for the erection, alteration, and repair of such buildings as may be required for the public use of the county, or for the construction of any bridge or other public work, the probable cost of which shall exceed one thousand pounds, and to offer a sum not exceeding fifty pounds as remuneration to the engineer or architect whose plans shall be approved of; and it shall be lawful for the grand jury to make presentment of such remuneration, and to employ such engineer or 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.

Sites of court and sessions houses to be provided.

Provisions of 7 Geo. 4. c. 74. applied.

16. 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 the said county, it shall be lawful for the grand jury of the said 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 adjoining 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 [1] the Prisons (Ireland) Act, 1826, 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 be lawful 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 Prisons (Ireland) Act, 1826, 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 Prisons (Ireland) Act, 1826; 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 mariner as they may think proper; and such presentment may be made without any previous application to any presentment sessions.

Presentment for rent of court and sessions houses.

17. It shall be lawful for the grand jury of the said county, and they are hereby required, to present at each presenting term, 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.

Sale of old court houses.

Application of proceeds of sale.

18. It shall be lawful for the commissioners appointed as aforesaid by any grand jury of the said county to sell and dispose or to authorize the sale and disposal of any old court house or sessions house belonging to the said county in which the sessions have been discontinued or have ceased to be held, together with the ground or site on which the same is built, according to the title or interest which the 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 to the credit of the finance committee 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 horse, or such other purposes connected with the county at large as any other public money raised off such county, and coming to the credit of such finance committee, may be applied.

Presentment for fuel, &c. for court houses.

19. It shall be lawful for the grand jury of the said county, at any presenting term, without any previous application to presentment sessions, to present, to be levied off such county at large, 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 finance committee of such county until the person to whom any such sum so to be presented for fuel shall be payable under such presentment shall prove, to the satisfaction of the said finance committee, by an affidavit sworn by him before some, justice of the peace, or by other evidence, 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.

Presentment for rent of petty sessions houses and lock-up rooms.

20. It shall be lawful for the grand jury of the said county to present, to be levied off the county at large, for each of the places wherein petty sessions shall be appointed to be held, an annual sum not exceeding ten pounds for the rent of a room or rooms for the holding of petty or presentment sessions thereat, and of a lock-up room or house: Provided always, 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: Provided also, 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 rent, that six meetings of justices, during the six months immediately preceding such application, have been held in such room or rooms.

Presentment for salaries of sessions house keepers, &c.

21. It shall be lawful for the grand jury of the said county to present, without any previous application at sessions, to be levied off such county at large, any sum not exceeding twenty pounds for the court keeper of Kilmainham, and not exceeding eight pounds, at each presenting term, as a salary or payment for the keeper of any other sessions house belonging to such county where the general quarter sessions of the peace are held, and any sum not exceeding ten pounds, at each presenting term, for an interpreter, if such payment shall be recommended by the court.

Presentment for gallows, direction posts, milestones, &c.

22. It shall be lawful for the grand jury as aforesaid (application being previously made at presentment sessions) to present, to be raised off the county 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, mile posts, or depôts for materials, not exceeding one pound for each direction post, milestone, mile post, or depôt, also the necessary expences incurred in printing the several notices and other documents, accounts, and abstracts, herein directed or authorized by the grand jury at any presenting term, and sanctioned by the court, to be printed.

Presentment for support of fever hospitals established by subscription.

23. [1] Where any fever hospital 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, the said county at any presenting term to present, to be raised off the said county, or any barony or baronies thereof, as to such grand jury shall seem fit, 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: . . . 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 presenting term, (as the case may be,) at or within one statute mile of such hospital.

Presentment for erection of fever hospitals.

24. Whenever it shall be made appear by statement on oath to the grand jury of the said 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 to present, to be raised off such county at large, 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 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.

Presentment for idiot wards in connexion with lunatic asylums.

25. Where any ward or wards for the reception and support of idiots and incurable insane persons is or may be established in conjunction with or under the direction of any lunatic asylum connected with the said county, it shall and may be lawful for the grand jury at each presenting term, without previous application at sessions, to present such sum or sums, not exceeding the sum of one hundred pounds, as shall appear to be necessary for the support of such ward connected with such lunatic asylum; and such sum shall be raised off the county at large, or off any barony or baronies thereof, as the grand jury shall direct.

[S. 26 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Presentment for erection of lunatic asylums, under 1 & 2 Geo. 4. c. 33.

27. At any time after any order in council shall be made by the lord lieutenant, by and with the advice of her 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 the said county, at any presenting term, to present, without previous application to presentment sessions, such sum or sums of money, to be raised off such county at large, or any barony or baronies thereof, as shall be requisite for defraying the expences of erecting and establishing an asylum for the lunatic poor, or for erecting any ward for the reception of idiots or incurable lunatics for such district, or any proportion thereof, ascertained by any order made by the said lord lieutenant and privy council.

Presentment for maintenance of such lunatic asylums.

28. It shall be lawful for the grand jury of the said county, withous previous application at presentment sessions, to present, at each presenting term, to be levied off such county at large, or barony or baronies thereof, such sum or sums of money as shall be necessary for the expences of supporting, supplying, and maintaining any such asylum, or the officers thereof, or the patients therein, or any proportion of such expences, ascertained by order of the said lord lieutenant and privy council, under the provisions of the said last-recited Act.

Presentment for repayment of advances out of consolidated fund for lunatic asylums

29. Whenever the lord lieutenant by and with the advice of her 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 said consolidated fund arising in Ireland, for the purpose of erecting and establishing, opening, carrying on, enlarging, maintaining, or supporting, any such asylum, the grand jury of the said county shall and they are hereby required (after any such asylum shall be fit for the reception of such lunatic poor) to present, at each presenting term, without any previous application at presentment sessions, such sum or sums of money, to be levied off such county at large, 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.

Presentment for rent or purchase money of houses, &c. for such asylums.

30. 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 for the said county, it shall be lawful for the grand jury of the said county, and such grand jury are hereby required, at the presenting term 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 at large, 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.

[Ss. 31, 32 rep. 55 & 56 Vict. c. 19. (S.L.R.). Ss. 33–35 rep. 9 & 10 Vict. c. 37. s. 1.]

Presentment for maintenance of constabulary.

No sums to be raised off certain parts of the county.

7 Will. 4. & 1 Vict. c. 25.

36. It shall be lawful for the grand jury of the said county, at each presenting term, and they are hereby required, to present, to be levied off the county at large, or off any barony or half barony or any portion of a 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, half barony, or portion of a barony, by and under the provisions of any Act or Acts for the appointment, maintenance, and regulation of 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 . . . : Provided always, that nothing herein contained shall extend or be construed to extend to authorize any grand jury to present any sums of money for the maintenance or the support of the constabulary to be raised off such parts of the said county as are assessed for the support of the metropolitan police, and exempted from assessment for the constabulary, under the Dublin Police Act, 1825.

[Ss. 37–39 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Presentment for expences of, and allowances to, prosecutors and witnesses.

40. Where any person shall have been tried for any felony or misdemeanor whatsoever committed or alleged to have been committed in the said county of Dublin, 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, and cause for the same being defrayed by the county of Dublin, to order the finance committee of the said county to pay to the prosecutor, upon his application, such sum of money as to such court shall seem reasonable, not exceeding the expences 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 or misdemeanor whatsoever committed or alleged to have been committed in the said county of Dublin, 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 have bonâ fide attended in obedience to such recognizance or subpœna, to order the finance committee of the said county to pay unto such person such sum of money as shall seem reasonable, not exceeding the expences which it shall appear that such person has bonâ fide incurred by reason of the said recognizances 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 finance committee is hereby authorized and required 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 the grand jury of the said county shall, at each presenting term, 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.

Presentment for compensation in respect of the murdering or maiming of informers, magistrates, or peace officers.

41. 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 within the said county of Dublin, 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 to present, upon the recommendation of the lord lieutenant, and without previous application at presentment sessions, 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.

Presentment for rewards for appreheusion and prosecution of offenders.

42. It shall be lawful for the grand jury of the said county, at any presenting term, 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 of any 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.

Presentment for expences of removal to the county of offenders apprehended elsewhere.

43. Upon the removal of any prisoner apprehended according to law in any other part of the United Kingdom, and charged with any offence committed within the said county of Dublin, it shall be lawful for the finance committee of the said county, upon being satisfied that such expences are reasonable in amount, and fairly chargeable upon the said county of Dublin, to repay, out of any funds to their credit, the expences attending the removal of such prisoner; and the grand jury of the said county shall, at the next presenting term, present the amount so paid to be raised off the county at large; and such presentment shall be made without any previous application to presentment sessions.

[S. 44 rep. 27 & 28 Vict. c. 17 s. 6.]

County officers to be paid by salaries, as per schedule No. 15. Presentment for salaries.

Successors on vacancies to be paid according to 6 & 7 Will. 4. c. 116. schedule (S.)

45. All county and other officers and persons mentioned and specified in the schedule No. 15 to this Act annexed shall be paid and remunerated for their respective duties, services, and expences by annual salaries, payable half-yearly by the finance committee, by equal moieties, and not exceeding the amount mentioned in the said schedule; and the grand jury at any presenting term shall and may present (without previous application to presentment sessions) for each such officer, to be raised off the county at large, the amount of such annual salary as shall be agreed upon by said grand jury . . . : Provided always, that on any vacancy occurring in the said offices, as set forth in schedule No. 15. of this Act, either by death or otherwise, the person or persons appointed to fill said offices shall be paid according to schedule (S.) in the Grand Jury (Ireland) Act, 1836.

Officers to make returns of fees.

Clerk of the peace to give security.

46. Before any clerk of the crown or clerk of the peace and other officer in the said schedule set forth shall be entitled to receive such salary as is hereby provided, he shall at each presenting term 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 any salary 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 recognizance has been duly deposited or recorded.

Further presentment for certain officers in cases of special commissions.

47. In case at any time a special commission shall be held within the said county for the trial of offenders, the grand jury, at the presenting term next immediately ensuing, shall and may, without previous application to presentment sessions, make a further presentment for the clerks of the crown, sheriffs and judges 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.

Presentment for secretary shall include stationery;

but not books, notices, &c.

48. The presentments to be made under this Act for the secretaries of 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 expence of printing herein specially provided for; such stationery however shall not be understood to include any books, notices, or abstracts which may be herein required, or which may be necessary for keeping the several accounts of the county; and it shall be lawful for the grand jury to present such sum or sums as may be necessary for defraying the expence of same.

[S. 49 rep. 37 & 38 Vict. c. 96, (S.L.R.). S. 50 rep. 54 & 55 Vict. c. 67. (S.L.R.)]

Presentment for expences of suing officers, sureties, contractors, &c.

Proviso.

51. It shall be lawful for the grand jury of the said county to present, to be levied off such county at large, without previous application at presentment sessions, such sum or sums of money as may be necessary, or shall have been expended under the direction of the judges of the Court of Queen’s Bench, or any grand jury or any finance committee, 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, or any other necessary costs attending grand jury business: Provided always, 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, nor unless it shall be proved that such costs could not be received from the person sued, or any other person liable to pay the same, and that the proceeding was instituted by the direction of the judges of the Court of Queen’s Bench, or a grand jury at some previous presenting term, or the finance committee.

[S. 52 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Presentment for expences of lowering hills, building and repairing bridges, gullets, &c. on public roads, either on county or barony.

53. It shall be lawful for the grand jury of the said county, application having been previously made at presentment sessions as herein-after directed, 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 at large, or off the barony or baronies in which the same may be locally situate.

Where road or stream is a boundary between two counties neither county to present for more than half the expence of repair, &c. Presentment in both counties.

54. Where a river or stream or where any road is the boundary between the county of Dublin and any other county, so as that one side of such road shall be in the said 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.

Presentments on baronies for widening, narrowing, and repairing roads and filling up ditches.

Barony pounds.

Presentment for parish pounds.

Sum presented to he levied on parish.

55. It shall be lawful for the 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 any 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 turning the backs of ditches to any road, or for making, widening, or deepening drains on the side of any such road, and carrying off the water therefrom, or for making any barony pounds, to be levied off the barony or baronies where the same shall be situate, and, on a requisition signed by any twenty rate-payers in any parish, to present any sum not exceeding twenty pounds for erecting a parish pound within any such parish, and such pound when so made shall be to all intents and purposes a good, sufficient, and lawful pound, and the sum so presented shall be applotted and levied upon such parish.

Presentment on barony for making and repairing footpaths along roads.

56. It shall be lawful for the grand jury of the said county, at any presenting term, 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 off the barony or baronies in which such footpath shall be locally situate.

Presentment on barony for repairs of roads and footpaths by contract for term not exceeding five years.

Proviso if contractor fails to do repairs.

57. It shall be lawful for the grand jury of the said 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 five 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 or baronies in which such road may be locally situate, and when it passes through more than one barony then proportionally on each barony: Provided always, that in case it shall appear to any district surveyor, at any time during the continuance of any contract 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 expence thereof shall be deducted and repaid out of the sum which would be payable to such contractor if the road had been kept in proper repair.

Presentment on barony for new roads, application being previously lodged with secretary, and notice served on occupiers of lands to be traversed.

58. It shall be lawful for the said grand jury at any presenting term 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 in which the same shall be situate, and when it passes through more than one barony then proportionally on each barony: 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 previous to each presenting term 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 park enclosed 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.

Surveys for new roads may be authorized on certificate of surveyor, allowed by justices.

59. It shall 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 one of the district surveyors, 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 said county, such allowance being signified under their hands by endorsement upon such certificate.

[S. 60 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Presentment for stopping up old road.

Traverse.

61. It shall be lawful for the grand jury of the said county, after application made and approved of at the preceding presentment sessions, to present any old road in the said 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 presenting term; and if such traverse shall not be tried within a year after such presentment shall be made, and a verdict had in favour of such traverse, the presentment shall stand good and valid to all intents and purposes.

Commissioners of public works under 1 & 2 Will. 4. c. 33. may on application of postmaster general repair post roads.

62. [Recital.] It shall be lawful for the commissioners acting under and in execution of the Public Works (Ireland) Act, 1833, or any other Act for amending the same, upon the application of her Majesty’s postmaster general, setting forth and describing the line of any such road, or the portion of any such road, in the said county of Dublin, 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 forthwith put into good and sufficient repair accordingly, under the superintendence of one of the county surveyors: . . .

Where commissioners of public works agree to grant half of expence of public works, on presentment for the other half, commissioners may execute works, or allow grand jury to do so.

63. 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 the grand jury of the county of Dublin to grant one moiety of the expence of any road or other public work, on such grand jury bearing 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 cause the same to be executed in the manner required by the said recited Act or this Act in 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.

Powers of commissioners of public works on undertaking repair and maintenance of roads.

1 & 2 Will. 4. c. 33.

64. Whenever the said commissioners of public works in Ireland shall, under the provisions of this Act, or of the Public Works (Ireland) Act, 1833, have undertaken the repair and maintenance of any public road, it shall and may be lawful for the said commissioners at all times thereafter to exercise all and every the same powers and authorities which are herein vested in any surveyor or contractor of the said county roads, or otherwise howsoever, or as the said commissioners, by the Act of the sixth of George the Fourth, chapter one hundred and one, intituled “An Act to provide for the repairing, maintaining, and keeping in repair certain roads and bridges in Ireland,” are invested with, as far as the said commissioners may consider the same or any of them necessary for the preservation and good order of such roads, and the removal of all nuisances thereon, as also for the purpose of obtaining materials for such repairs or maintenance which they shall have to undertake.

Grand jury shall present sums expended for such repairs, &c. to be levied off barony in which road is situate.

65. 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 the said county 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 expences aforesaid, 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 presenting term be laid before the grand jury of any such county, and thereupon the grand jury shall make presentment of the amount of such expences, as stated in such certificate, to be raised off the barony or baronies in which such road shall be situate; and when and so soon as the sum so to be presented as aforesaid shall be raised and received it shall be paid over by the finance committee 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 paymaster of civil services in Ireland.

Repair of bridges in county of Dublin and adjoining county.

66. Provided always, that wherever any bridge which shall be repaired by the said commissioners as aforesaid shall be situate partly in the said county of Dublin and partly in another the expence 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.

Mode of making presentments.

Justices and associated cess-payers shall hold presentment sessions.

Chairman to be appointed.

67. It shall be lawful to and for every justice of the peace in and for the said county of Dublin, 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 such county, as the grand jury shall have appointed pursuant to the provisions herein-after following; and at every meeting of such presentment sessions, whether for one district or for the county at large, 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 shall 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.

Grand jury, at each presenting term, shall fix districts, places, and times for presentment sessions.

68. It shall be lawful for the grand jury of the said county, and they are hereby required at every presenting term, to appoint by presentment certain districts, consisting of one or more barony or baronies, for holding presentment sessions, and also certain places within the county, videlicet, one in each district, where, and certain times when, presentment sessions shall be successively holden, previous to the then next presenting term, 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 of Kilmainham for the county at large; and it also shall be lawful for the grand jury at every such presenting term 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.

Collectors shall make returns to grand jury of one hundred highest cess-payers in each district, or of whole number if less than 100.

69. 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 presenting term, 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, houses, or tenements in each district in said county, 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 or houses actually occupied by them the highest sum or sums for grand jury rates or cess for and in respect of any lands or houses in such district under the last previous applotment, and 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 the secretary shall immediately lay such return before the grand jury.

Grand jury shall fix number of cess-payers to be associated with justices, not less than five nor more than twelve, for each district; and shall reduce list furnished by collectors to treble that number.

70. Every such grand jury as aforesaid shall 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 district, 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 treble the number so determined upon of persons, with their additions and abode, who, being males of full age, resident on and in actual possession of lands, houses, or tenements within such district 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 district respectively: Provided always, that at every presenting term 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 presenting term, selecting in the first instance the names of the cess-payers who were associated and acted with the justices at the presenting sessions.

Choice out of list as reduced of persons who shall be associated with the justices to constitute presentment sessions for each district.

71. The grand jury shall then cause the name of every person in such list for each district to be written upon separate pieces of parchment or card, as nearly as may be of equal size, with his respective additions and abode, which shall be put into a box for that purpose provided by the secretary of the grand jury; and the acting foreman 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 such number of the said cess-payers so first drawn shall be associated with the said justice or justices, and shall with such justices constitute the presentment sessions for such district, and have and exercise, jointly with such justice or justices, all power and authority in the business of such sessions.

Secretary of grand jury shall notify appointment to such cess-payers.

Justices and cess-payers to subscribe declarations in schedules 1 and 2.

Justices may act alone if cess-payers do not attend.

72. The secretary of the grand jury shall forthwith signify by letter to each such cess-payer that he has been thus chosen as a member of presentment sessions for his respective district, and shall notify to him the day on which such sessions are to be held; and every justice shall, previously to acting at any presentment sessions, whether for any district, or for the county at large, make and subscribe in open court the declaration contained in the schedule marked No. 1. 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 contained in the schedule marked No. 2 to this Act annexed, which said declaration 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 a list of the names of all 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: Provided always, that if none of the cess-payers so chosen 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.

Two cess-payers shall be selected at each district presentment sessions and, shall, with justices, constitute presentment sessions for county at large.

73. The justices and cess-payers at each district presentment sessions shall select two of the cess-payers for such district to be associated with the justices of the county as a member of the presentment sessions for the county at large; and the secretary of the grand jury shall make out a list of the persons so chosen at each district sessions, and shall read out the same previous to the appointment of the chairman for the presentment sessions for the county at large; and the person so chosen shall together with the justices as aforesaid form the presentment sessions for the county at large.

Applications to be made at general or district sessions, according as expence is to be levied off county at large or off barony.

Certain applications to be made at district sessions.

74. All applications for works the expence whereof it may be by such application proposed to levy off the county at large shall be made at the presentment sessions to be holden for the county at large, and all applications for works the expence whereof may be proposed as aforesaid to levy off any barony shall be made at such presentment sessions as shall be holden for such barony: Provided always, that all applications for the works herein-after mentioned shall 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 for 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.

Presentments for works in more than one barony to be made in barony in which larger part of the work is situate.

75. The applications for any new works which it is proposed, to charge upon two or more baronies in different presentment sessions districts of the said 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 expence of such work is to be raised, without making the same at the presentment sessions for each of such baronies.

Applications shall be lodged with secretary twenty-one days before presentment sessions.

Secretary shall have an abstract and index printed, and posted in district.

76. Every application to be made at presentment sessions shall be lodged with the secretary of the grand jury twenty-one days at least before the day appointed for the holding of the first presentment sessions in such county next before each presenting term; 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 cause the same to be printed and distributed, and a copy thereof posted in each district; 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.

District surveyor may make application at sessions for necessary works not otherwise applied for, without previously lodging application.

77. The district 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 for keeping up any public road or footpath during the ensuing year, or the keeping open of any drain adjoining any public road, or any other public work which to the said surveyor shall appear necessary, or likely to become necessary during the ensuing year, 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 at large or barony by which the expence 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.

Manner and form of applications.

Forms in schedule to be used.

78. Every application to presentment sessions for any presentment other than 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 who can read and write, or by the district surveyor; and every application to presentment sessions, whether for a public work or any other purpose whatsoever, shall set out the title to the Act authorizing such presentment, with the year of the king’s and queen’s reign, chapter and section, as printed by her Majesty’s printer, and shall specify the probable expence 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 contained in the schedule annexed to this Act, and marked schedule No. 3., No. 4., No. 5., No. 6., and so forth, 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.

Applications shall be considered and decided on at sessions.

If application approved, surveyor to be directed to prepare form of tender, specification, &c. to be delivered to secretary.

Sessions shall then adjourn to some day not sooner, than twenty-one days after fiating day of next presenting term.

79. 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 expence 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, where necessary, save in the case of applications herein-after otherwise provided for, direct the 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 the probable cost of maintaining the same for at least one year, and such other particulars as 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 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 adjourn such sessions until some day not sooner than twenty-one days after the fiating day of the then ensuing presenting term.

Memorial to Court of Queen’s Bench, if sessions refuse to approve of necessary work.

Inquiry for jury.

Grand jury may be directed to present.

Memorialist to deposit a sum as security for costs.

80. In case the justices and cess-payers (at any 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 the Court of Queen’s Bench at the presenting term for the county, 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 six days before the first day of such presenting term, 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 next presenting term for such order, and such notice shall be published at least three times before the first day of such presenting term; and upon proof that such memorial and notices were lodged and published as hereby required it shall be lawful for the judges of the Court of Queen’s Bench, or any of them, to cause a jury to be impannelled to try and inquire whether such work is a proper one to be executed, and, if so, to ascertain and state the expence 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 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, 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 expences 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.

Sessions may approve of contract for repair of roads, &c. for five years.

81. [Recital.] 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 bridge 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 five years, for which it is expedient that a contract should be made for that purpose; and the surveyor shall insert such period in his specification and form of tender for such works.

In cases of absence or death of party making the application, sessions shall decide.

82. 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, or for the grand jury, 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.

Secretary shall have schedules of approved applications printed, and shall lay same before high sheriff, surveyors, grand jury, and Queen’s Bench.

83. So soon as may be possible after the presentment sessions shall have been holden at all the places and times appointed therefor in such 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, 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 the grand jury presentment at the presenting term immediately preceding; and the said secretary shall deliver a copy of such schedules to the high sheriff of the county for the time being, and to each 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 printed applications, with any specifications, maps, plans, sections, or elevations of the works to which such application shall relate, which shall have been prepared by the surveyor, annexed thereto, to the foreman of such grand jury, and shall also deliver another copy of the said schedules to the judges of the Court of Queen’s Bench; and the said secretary shall keep another copy of the said schedules 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.

Grand jury to consider and decide on all applications, fixing amount and time for execution of works;

and may receive evidence.

Grand jury shall make presentment specifying maximum amount, and how it shall he raised.

84. The grand jury shall, upon being impannelled and sworn as aforesaid, forthwith proceed to transact in open court all such business relating to presentments for raising money, public works, contracts, or 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 to be prepared as aforesaid, beginning with the applications for works to be defrayed by the county at large, altering, where they may deem it necessary, the amount or time for executing each work, 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 district surveyors, and shall hear and receive, and direct to be read aloud in open court, the several reports and certificates of any such surveyor, 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 expence of the county or any portion of the county, or any contract of or in respect of any of the matters aforesaid, and shall make presentments for all matters and things hereby directed to be presented for, specifying in all presentments for county works, the maximum amount which shall be raised for the execution of such work, and whether such amount is to be raised off the county at large, or off any barony or parish or other denomination thereof, as the case may be; and the said grand jury shall sit de die in diem until all the business which may come before them of the nature hereby described be despatched; and if the whole of such business shall be concluded before the day appointed for fiating the presentments, then the said grand jury may adjourn to such day; and every grand juror who shall not attend pursuant to such adjournment may be fined by the judge for such non-attendance in any sum not exceeding ten pounds at the discretion of the said judge.

Grand jury shall not make presentments, unless on application approved of at sessions, except in certain cases.

85. It shall not be lawful for any grand jury of the said county, 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 applications 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 repair any sum of money in such case necessary, and to authorize and empower any of the district surveyors to advertise for contracts for the execution of such work, such contracts to be laid before the next district sessions, or to execute such works, and account for the execution to the finance committee, as to such grand jury shall seem fit; and the finance committee of the county shall, out of any moneys to their credit 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.

Secretary shall advertise for tenders for contracts.

Forms to be provided.

Tenders shall he delivered in sealed envelopes.

Particulars to be contained, therein.

86. The secretary of the grand jury shall, immediately after the fiating day of each presenting term, upon being furnished by each surveyor with the spécification 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 grand jury 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 or elsewhere; and such secretary shall accordingly cause to be printed and prepared 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 three-pence, and also take such other means as the grand jury shall direct for placing such forms within reach of persons who may have occasion to use them; and each of such tenders and proposals shall be returned to him sealed or in an envelope, and 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 shall exceed one thousand pounds then in a pena, 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 surveyor shall be open to public inspection in the office of such secretary, without fee or reward.

At adjourned sessions tenders shall be opened and considered.

If no tender is made or proposal approved of by sessions, work may be given in charge to district surveyor.

87. 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 surety, 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 nonperformance 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, in the form set forth for that purpose in the schedule No. 13, 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, unless there shall appear some reason for rejecting it; 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, or if the presentment sessions shall see cause to reject it, 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 till the said security shall be entered into and the contract duly completed: Provided always, that if no proposal shall be made in respect of any work within the time limited for receiving such proposals, or if no proposal or tender shall be approved of by the presentment sessions, it shall and may be lawful for the said presentment sessions, if they think proper, to give such work in charge to the district surveyor, with power to expend a sum not exceeding the maximum fixed as aforesaid; and such surveyor shall cause such work to be executed, and shall account for the execution thereof to the finance committee in manner herein-after directed.

Contractor’s security.

88. Such security so to be entered into by contractors under this Act, and their sureties, shall be a recognizance to her Majesty, and of like force, validity, and effect as other recognizances made to the Queen’s Majesty; and at such adjourned presentment sessions any justices present, or the chairman, are and 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 expence of preparing the same, not exceeding six-pence, 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 contractor or contractors therein named, or to any person by him or them duly authorized, to be cancelled.

Secretary shall keep book with particulars of contracts.

89. The secretary of the grand jury shall have charge of all such contracts as aforesaid, and shall provide and keep a book in which he shall insert an abstract of all such contracts, 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.

Mode of payment.

Grand jury shall appoint finance committee.

Appointment by Queen’s Bench on default.

90. It shall be lawful for the grand jury at each presenting term, and they are hereby required, to appoint a finance committee, consisting of not more than twelve nor fewer than seven persons, residents within the county or city of Dublin, and being occupiers or owners of lands or houses within the county of the value of fifty pounds at the least; and such persons shall constitute the finance committee of the county, and shall have full power and authority to do, execute, and perform all such matters and things as the finance committee are by this Act authorized to do; and in default of the grand jury at any presenting term so appointing a finance committee it shall and may be lawful to and for the judges of the Court of Queen’s Bench, and they are hereby required, to make such appointment.

Meetings of finance committee.

Three a quorum.

Secretary of grand jury to attend.

91. The finance committee of the said county shall hold their first meeting at such time and place as shall be appointed by the grand jury, whereof public notice shall be given in such manner as shall be directed by the said grand jury, and shall meet from time to time, and adjourn from place to place as they shall think proper, and as occasion shall require; and at all meetings three members shall constitute a quorum; and one of the members present shall be appointed chairman, and shall be entitled to vote on all questions, and in case of an equal division of votes upon any subject such chairman shall have an additional or casting vote; and the secretary of the grand jury shall attend the meetings of the finance committee, and shall act as their secretary, and make minutes of their proceedings, and render them such assistance from time to time as they may direct.

District sessions shall appoint road wardens

92. The justices and associated rate-payers at each adjourned district presentment sessions shall appoint two fit and proper persons to act as road wardens for such district until the next adjourned district presentment sessions, or until others shall be appointed for such district; and it shall be the business and duty of such road wardens, within their respective districts, to examine into and report upon the state of the roads and other county works, whether in progress of repair or otherwise, to the presentment sessions, to the grand jury, and the finance committee, and to abate nuisances, and prosecute persons guilty of any offence against this Act.

Chairman of each adjourned presentment sessions shall certify amount payable to each contractor or other person.

Certificates to be laid before finance committee.

Finance committee to make orders for payment.

93. Immediately before the closing of each adjourned presentment sessions, whether for any district or for the county at large, the secretary of the grand jury shall prepare a list of the sums payable to each contractor, with a statement of the nature of the contracts entered into at such sessions, and setting forth likewise the amount which any district surveyor may be authorized at such sessions to expend upon any road or work, and the chairman shall certify the accuracy of the same by his signature; and such lists so certified shall be laid before the finance committee at their first meeting, and a copy thereof shall be entered on the minutes, together with a copy of all other presentments made by the grand jury, and fiated by the court, under the authority of this or any other Act, and of the names of the persons in whose favour such presentments may have been made; and it shall be lawful for the finance committee from time to time, and as the funds of the county admit, to make orders for the payment of all persons entitled to payment under presentments of the grand jury made by the authority of this or any other Act; and every order shall be signed by the chairman for the time being of the finance committee, and two other members thereof, and countersigned by the secretary of the grand jury, and by him delivered to the person entitled to the same.

Contractors desirous of payment shall give notice to district surveyor and road warden, and secretary of grand jury

Notices to be laid before finance committee, and applications examined into.

Finance committee, on being satisfied as to execution of work, may give order for payment.

94. Any person who may contract for the execution of any work under this Act shall on the completion of such work, or whensoever by the terms of such contract he may be entitled to payment, give notice, in form schedule No. 11 or 12, as the case may be, to the district surveyor, and also to one of the road wardens, fifteen days at the least before the day appointed for the next meeting of the finance committee, of his intention to make application for payment, and to require such district surveyor or road warden to examine and report upon the execution of such work or performance of such contract; and such contractor shall also lodge with the secretary of the grand jury, fifteen days at least before the next meeting of the finance committee, a similar notice of his intention to apply for payment; and the secretary of the grand jury shall arrange all such notices, and annex to each the number by which the contract in respect whereof such notice or certificate may be given is distinguished in the book of abstracts which such secretary is hereby directed to keep, and endorse on such notice the date of the lodgment of the same; and such secretary shall lay all such notices before the finance committee, who shall examine into all such applications for payment, and inspect the notices and certificates, and examine the district surveyor or road warden, 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, which examination may be upon oath in cases in which the finance committee deem it necessary or advisable; and the chairman of the finance committee is hereby authorized to administer the oath; and the said finance committee, upon being satisfied that the party so applying is justly entitled to payment may give an order for the payment of the whole or such portion of the sum in consideration whereof the contract may have been made as they shall deem just and right.

If finance committee refuse payment, contractor may appeal by memorial to Court of Queen’s Bench.

Court may hold examination by jury, and make order for payment.

Memorialists to deposit a sum as security for costs.

95. If at any time the finance committee shall refuse to order payment to the contractor according to the terms of his contract, or to any other person engaged in the execution of any county work under the authority of this Act, and who on the due execution thereof would be entitled to such payment, they shall set forth the grounds of such refusal; and if such contractor or other person shall feel himself aggrieved thereby it shall be lawful for such person to present a memorial to the judges of the Court of Queen’s Bench at the next Easter or Michaelmas term, stating the terms of his contract or the circumstances of his case, and the refusal by such finance committee to order payment, and praying that the judges may direct the grand jury to cause inquiry to be made into the facts stated in such memorial; and such memorial shall be lodged with the secretary of the grand jury at least one month before the first day of such term; and such secretary shall make known the same to the finance committee; and upon proof that such memorial was so lodged it shall be lawful for the judges of the Court of Queen’s Bench, if they shall see reason so to do, to cause a jury to be impannelled to try and inquire whether or not such sum was rightly due to such contractor according to the terms of his contract; and if the jury shall find in the affirmative it shall be lawful for the judges of the Court of Queen’s Bench to order the payment of such sum, not exceeding the amount of the contract, as to them shall seem just and proper; and it shall be lawful for the finance committee at their next meeting, and they are hereby required, on a copy of the order for such payment being produced, to sign an order for the amount specified in such presentment: Provided always, that no memorial shall be proceeded upon unless the memorialists shall at the time of lodging such memorial with the secretary, deposit with him the sum of ten pounds as a security for such costs and expences as the judges may direct to be paid thereout to any person who may appear to oppose such application, or any witness summoned to attend on the hearing of the application.

Finance committee, twenty-one days before each presenting term, shall make up half-yearly county accounts, and each barony account shall be kept separate.

Presentment for balance due from county or barony.

Accounts to be audited under 7 Will. 4. & 1 Vict. c. 54.

96. At least twenty-one days previous to the commencement of the presenting term in each year a special meeting of the finance committee shall be called by the secretary, for the purpose of making up the county accounts for the preceding year; and a separate account shall be kept and made out and balance struck for each barony, and a statement shall be made of the sums not paid on account of presentments, and of the amount not received on account of the assessment upon each barony; and the finance committee shall classify the amounts paid by them during the year, according to the purposes for which the payments were made; and the accounts when made up shall be signed by the chairman of the finance committee, and shall be laid before the grand jury on the first day of the then ensuing presenting term; and such accounts shall recite the authority under which each payment shall have been made, and a copy or abstract thereof shall be printed with the abstract of presentments; and it shall be lawful for the grand jury to present any balance which after examination of the accounts may appear to be due by the county at large or any barony, such balance to be raised off the county at large or such barony respectively: Provided always, that the accounts of the finance committee shall be transmitted by the secretary to the proper office, and shall be examined and audited in the same manner and subject to the same regulations as the accounts of county treasurers, under and by virtue of an Act passed in the first year of her present Majesty’s reign, intituled “An Act to provide more effectual means to make treasurers of counties and counties of cities in Ireland account for public monies, and to secure the same.”

Mode of raising county rate.

Clerk of crown, within fourteen days after fiat, shall make out list of presentments. Secretary shall make out estimate;

and finance committee shall ascertain proportion to be raised off each barony, &c.

97. The clerk of the crown for the said county of Dublin shall, within fourteen days after the fiating day of each presenting term, deliver to the secretary of the grand jury, without fee or reward, a copy, attested upon oath, and signed by himself, of all presentments which have been made and fiated at such presenting term, and likewise copies of all queries discharged and remaining undischarged, distinguishing the same; and the secretary of the grand jury shall from such copy forthwith make out an estimate of the amount to be raised in each barony or portion of a barony or parish in the county during the ensuing year under the authority of the baronial or local presentments made during such presenting term, and to meet the probable baronial expenditure during the ensuing year, and also of the amount to be raised upon each such barony respectively to defray its proportion of the general county charges under the authority of the presentments upon the county at large made during such term, and to meet the probable expenditure on the county at large during the ensuing year, and shall lay the same before the finance committee at their first meeting; and the finance committee shall consider and revise such estimate, and shall then declare and strike the amount to be levied off each barony and parish or denomination during the ensuing year, as well on account of the baronial charges as upon account of charges upon the county at large.

[S. 98 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Finance committee shall issue warrant to collector for levying the sums to be raised.

Warrant to remain in force for two years;

Houses of less than 5l. annual value not liable.

99. The finance committee, having duly ascertained the proportion of the county charges to be raised upon each barony, parish or denomination according to such valuation, shall issue their warrant, under the hand and seal of the chairman of the committee, and countersigned by the secretary of the grand jury, to the several collectors, for levying and collecting the sums to be raised off each parish, which warrant shall set forth the amount to be raised off such barony, parish or denomination by virtue of the presentments by the grand jury, with any uncollected arrears of the last warrant, and shall remain in force and effect for the term of two years next after the date thereof, notwithstanding the death, resignation, or removal of the person to whom it was addressed; and shall authorize any collector for the time being to execute the same, unless the sums required by such warrant to be levied shall have been received, or unless the grand jury shall have re-presented the same; . . . [1] : Provided always, that no house . . . shall be liable to county cess, the yearly value of which shall not be at the least five pounds.

[S. 100 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Grand jury cess may be levied by distress.

Distress to be levied on premises chargeable or collector may summon defaulter before a justice;

who may issue warrant of distress on any goods of the defaulter in the county.

Warrant may be extended to other counties.

101. Every person duly authorized to levy any grand jury cess off any barony, as soon as he shall have received or shall have made the applotment of such cess, shall forthwith proceed to collect and levy one moiety thereof according to such applotment, and the other moiety thereof after six calendar months from the date of such warrant; and each of such moieties 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 expences of distraining, not exceeding twelve-pence 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 or cause to be left at the dwelling house or usual place of residence 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 or moiety 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 the 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 the 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 expences 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 such warrant and certificate be distrained and sold in the same manner as if the same had been found within such first-mentioned county.

Cess shall be a charge on lands, &c. and shall be paid by person in occupation when levy made.

Sums not exceeding 50l. recoverable before civil bill court.

102. The sum or proportion of grand jury cess to be raised off each barony under the warrant of the finance committee, and duly applotted for any person to pay, shall be a charge upon the lands and premises, houses and tenements, 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, before the chairman of the sessions of the county of Dublin, or 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 same resides.

Collectors shall pay into the Bank the sums received each month, and shall furnish finance committee with statements, vouchers of payments, &c.

Collectors improperly collecting, or not using due diligence, may be dismissed.

103. Every person duly authorized to collect and levy the grand jury cess aforesaid shall on or before the first day of each month, or so often as he shall have received one hundred pounds, pay into the Bank of Ireland, to the credit of the finance committee, the sums he may have received up to such period, and shall furnish to the secretary of the grand jury an account of the sums so received, setting forth particularly any sums received on account of arrears of cess, and shall, at all times when required so to do, exhibit to the finance committee any books, applotments, accounts, or vouchers which they may require; and any collector receiving any sums of money under colour of his warrant, otherwise than according to the applotment, or neglecting or refusing to furnish to the finance committee such information, accounts, and vouchers as they may at any time require, or not using due diligence in the collection of the county rate, may be suspended or dismissed from his office by such finance committee; and immediately upon his suspension or dismissal he shall deliver up to the secretary of the grand jury his warrant, applotment, and all other papers, accounts, or documents of or belonging to his office as collector; and if any such person shall refuse or neglect to deliver up such warrant, applotment, papers, accounts, and documents, when required to deliver them by an order of the finance committee, it shall be lawful for the finance committee to direct the secretary of the grand jury to summon such person before any justice of the peace for the said county, who may commit such person to the county gaol, there to be detained till such documents be delivered up: Provided always, that no collector shall be dismissed as aforesaid without a special summons of the said finance committee by the secretary of the grand jury, and that at such special meeting not less than five members do constitute a quorum.

Collector’s fees shall be added to sum to be applotted.

How fees shall be paid.

104. It shall be lawful for the finance committee to add to the amount of the warrant issued by them in respect of each barony the amount of the collector’s fees upon the sums to be collected for such barony, and the same shall be collected and paid into bank by each collector, together with the sums presented by the grand jury; and when one moiety of the sum to be collected shall have been paid in it shall be lawful for the finance committee to give an order for one half the amount of his fees to the collector having so paid in the moiety of his collection; and on the finance committee being duly satisfied of the diligence and assiduity of the collector in completing his collection as far as possible it shall be lawful for such finance committee to give an order for the fees due on the balance of the sum collected.

Notices of applications: under this Act, how to he promulgated.

105. A notice in writing of every application for any work intended to be made at any presentment sessions holden under the provisions of this Act, or for any payment, 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 herein; and such notices shall be so affixed at the time by this 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; and the notice of every such application shall be delivered to the district surveyor ten days before the day appointed for holding presentment sessions previous to each presenting term: Provided always, that the delivery of any such notice to the baronial high constable fifteen days before the day appointed for holding such sessions shall be deemed to be due notice to the said surveyor; and any baronial high constable to whom any such notice may be delivered shall transmit the same to the said 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.

Secretary shall cause abstracts of presentments and contracts to be printed, with an abstract of accounts of finance committee, and of applotment.

106. The secretary of the grand jury shall cause to be printed immediately after the adjourned presentment sessions for the county at large, an abstract book of all presentments made during the preceding presenting term, and also of all contracts entered into at the adjourned presentment sessions, arranging such presentment sessions and contracts under their respective heads, distinguishing the presentments upon each barony, or in such form as the grand jury shall direct, classifying imperative presentments separately, and shall cause to be appended to said book an abstract of the accounts of the finance committee, as laid before the grand jury at the preceding presenting term, and an abstract also of the applotment made by the finance committee for the ensuing levy.

[S. 107 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Contractor neglecting to perform contract may, with his sureties, be summoned before petty sessions.

Surveyor or road warden may be authorized to complete the works.

108. If in the opinion of the district surveyor or any road warden the contractor for any county work shall be guilty of neglect or inattention in the performance of his contract, it shall be lawful for such surveyor or road warden to summon the said contractor and his sureties before the justices at petty sessions of the district in which such work may be situate; and if such charge of neglect or inattention be established before such justices, it shall be lawful for them to make an order directing the said contractor and his sureties to complete his contract within a period to be stated in such order: and if at the expiration of such period the district surveyor or road warden shall still see reason for being dissatisfied with the manner in which such work has been executed, it shall be lawful for them again to summon the contractor and his sureties before the justices at petty sessions, and the justices shall thereupon proceed to inquire into and finally adjudicate upon the complaint; and if it shall appear that such work has been insufficiently executed, and contrary to the terms of the contract, it shall be lawful for such justices, having ascertained the amount which it may require for the completion of such work according to the contract, to authorize such surveyor or road warden to complete the same, and to levy such amount by warrant of distress upon the goods of such contractor or his sureties.

Any two justices at petty sessions may order sums not exceeding twenty pounds for repair of sudden damage to bridge, or ten pounds to road, &c.

Sums expended to be presented.

109. Any two justices of the peace at petty sessions in the said 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 presenting term 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 the said county is hereby empowered to present, without previous application at presentment sessions, at the next presenting term, 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 road or work herein directed to be repaired by any barony to be levied on the barony 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 district 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 presenting term and the commencement of another.

Penalty for giving money for any appointment.

Declaration to be made by persons appointed.

110. 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 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 chairman of Kilmainham, or by action in any of the superior courts; and every person appointed to any such offices shall, at the presenting term 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 schedule No 16. 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.

Power reserved to make presentments under 7 Geo, 4. c. 74.

Presentments to be approved at sessions.

Contracts to be made by tender, &c.

111. 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 the Prisons (Ireland) Act, 1826: 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, re-building, 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 in herein-before provided with respect to other contracts for public works, any thing 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.

Power to re-present arrears unpaid by barony, &c. or unpaid by defalcation of collector, &c.

Application of money subsequently recovered from collector, &c.

112. It shall be lawful for any grand jury at any presenting term 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 or barony, to be raised and levied on such denominations or barony upon which the same was originally required by the warrant of the finance committee to be levied, and to present all such sums of money which have hitherto been or which shall at any time hereafter remain unpaid on account of the absconding or insolvency of any collector or other person empowered to receive or collect public money who is or shall be insolvent, without prejudice to the liability of such collector or of his sureties, 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 in arrear or so detained by any collector or other person empowered to collect or receive public money shall be thereafter recovered it shall be paid to the credit of the finance committee; 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 any how arise to the credit of the finance committee, shall be applicable to defray the expences 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 the barony off which it was originally levied: Provided also, 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 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 barony or denomiation respectively, and that it could not have been levied from the persons or out of the lands or houses charged with or liable to pay the same.

[S. 113 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

County buildings may be insured, and premiums, &c. presented.

114. It shall be lawful for the secretary of the said 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 secretary 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 lodged by him to the credit of the finance committee, 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 the Court of Queen’s Bench at the presenting term 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 finance committee shall from time to time pay such premium.

[Ss. 115–116 rep. 37 & 38 Vict. c. 96. (S.L.R.). Ss. 117–121 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Compensation for malicious injury.

Notice of intended application to be given within six days to churchwardens.

Application to be made to sessions, and disposed of by grand jury.

122. 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 or unladen, 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 or high constable, then 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 presenting term; and the said grand jury shall 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.

Applications to sessions when to be made.

123. Every application under this Act for compensation for loss or damage occasioned by any malicious injury as aforesaid shall be made at the presentment sessions which shall be holden next before the presenting term after the commission of such offence for the barony 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 before the next presenting term, 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 for the barony where such offence shall have been committed before the presenting term which shall take place next after that following the commission of such offence, and the notices of such applications 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 presenting term next ensuing to the presentment sessions where application shall have been made therefor.

Persons injured to give in examinations within three days, and declare whether they know the party committing the damage.

Examinant shall be bound over to prosecute offenders.

124. 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, 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, 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.

When presentment is opposed or application disallowed jury may be sworn by Court of Queen’s Bench to try the matter;

and presentment discharged, altered, or fiated acordingly.

125. 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 judges of the Court of Queen’s Bench on the first day of the next presenting term; and in case any person paying grand jury cess for the said county, or any 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 judges, if they shall so think fit, shall direct a jury to be forthwith impannelled to try the matter of such presentment or application respectively at nisi prius, and according as the issue shall be found for or against such cess-payer the judges 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 judges of the said court shall direct the grand jury for the time being 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 judges 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 judges are hereby empowered to direct and issue forthwith an order or orders in the nature of an 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 execution against the chattels and effects of defendants.

No presentment for compensation to be removed by certiorari, or quashed for want of form.

No traverse allowed, save as herein directed, nor any action against magistrate or inhabitants of parish.

126. 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 herein-before directed, shall be allowed or received to any 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.

Mode of obtaining compensation for injury committed near boundary of the county.

127. 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 between the said county of Dublin and any one 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 counties; and such application, if made in the county of Dublin, shall be made in the manner herein-before directed, but if in any other county in the manner authorized and directed by any Act or Acts in reference to such county; 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, or at the presenting term for the county of Dublin, shall have power and authority to apportion the amount of such compensation amongst such counties or any baronies thereof, 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 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.

No fees to be taken for such presentments.

128. 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.

In cases of sudden death, police to give notice thereof to coroner of district.

129. . . . whenever any death attended with suspicious circumstances shall occur, or any dead body be found in any district, it shall be the duty of the . . . superintendent of metropolitan police, acting for the district in which such death may take place, or in his absence for the head constable or other constable having charge of such district, to give immediate notice thereof to the coroner of the district in which such death may have taken place, or said dead body have been found, and if his attendance cannot be obtained, then to the coroner of the other district, in order that an inquest may be held: . . .

[S. 130 rep. 54 & 55 Vict. c. 67. (S.L.R.)]

Committee may be appointed to superintend court houses.

131. It shall be lawful for the grand jury of the county at each presenting term to appoint a committee to superintend and have charge of each court house belonging to the county, or rented for the use thereof, and to authorize such committee to expend a sum not exceeding forty shillings in petty incidental repairs which may become necessary in such court house; and the finance committee, upon being satisfied as to its just application, shall pay the same.

[Ss. 132, 133 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Presentments may be traversed, or applications of contractors for payment objected to.

Costs of unsuccessful traverse, &c.

Notice of traverse, &c.

134. It shall be lawful for any person paying grand jury cess for the county to traverse any presentment made under this Act by the grand jury of such county, and also to object to the application of any 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 presenting term 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 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 in respect of such traverse, and costs shall be paid by the party against whom such traverse shall be found: Provided always, that although there shall be verdict against such traverse, yet if the court shall be of opinion that there was reasonable and probable grounds for traversing such presentments, or the application of such contractor, the costs shall be paid by the finance committee from and out of the county monies to their credit; and the grand jury shall present the same, without previous application to presentment sessions: Provided also, 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 presenting term at which the presentment shall be made.

Presentments for new roads, &c. may be traversed for damages by occupiers, &c. of lands affected.

Presentment for amount of damages.

135. 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 presenting term aforesaid, having given like notice to the chairman of the presenting sessions, and to the secretary of the grand jury, previous to the commencement of such presenting term, of the amount of damage intended to be claimed, which traverse and traverses shall be tried then or at the ensuing presenting term, 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 presentment 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 secretary of the county, it shall be lawful for the contractor to proceed in the execution of the presentment without the interruption of any person.

Contractor and surveyors may take materials for roads, &c.

Damage to be assessed by three appraisers;

and amount paid.

Lands not to be entered without order of justices against will of occupier.

136. Every district 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 agreed upon between the parties, or assessed by three appraisers, which appraisers shall view the ground immediately previous and immediately after such damages shall be committed, one of such appraisers 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 an appraiser on his part, then one shall be named for him by such justice; and such three appraisers 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 materials, 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 or gravel pits bonâ fide demised with liberty to work the same; and the amount of the damage to be awarded shall be paid to the owner or occupier of the ground as awarded, and one shilling each to the appraisers, within one week after the award, and in default of payment may be recovered in summons before any justices at petty sessions: Provided always, 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 two justices of the peace at petty sessions, which order such justices are hereby authorized and required to grant, on its being proved to their satisfaction that the gravel, stones, or other materials sought cannot be conveniently procured elsewhere, nor such drain otherwise sufficiently made or cleansed.

[Ss. 137–146 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Nuisances and penalties.

Nuisances to be reported.

147. Every sub-inspector, head constable, and other constable shall and he is hereby required to report all such nuisances as shall occur within his district to the magistrate or magistrates at petty sessions next to be holden in and for the said district, who shall hear and decide, and punish by fine or otherwise as herein-before directed.

No stamp duty upon contracts, recognizances, and receipts, under this Act.

Proceedings for breach of contract, or to enforce recognizance where sum does not exceed 100l., may be by civil bill.

148. 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, or any receipt given by any collector under 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 securities for such sum, or for damages for the breach of any such contract, by civil bill before the chairman of Kilmainham; and the said chairman 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 chairman.

Forfeitures to be levied by distress and sale.

Committal in case of nonpayment.

149. 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 expences 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.

Irregularity of distress.

150. 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 or 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.

Avowry.

Treble costs.

151. 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         may avow the taking of any distress on the acting finance committee and justice’s warrant merely, without going into other title or authority; and if the plaintiff or plaintiffs shall be nonsuited, and judgment given against him, her, or them, 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; . . .

Justices not to take money for affidavits.

False swearing punishable as perjury.

Presentment for expenses of prosecution.

152. 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.

Money to be in present currency.

Schedules part of Act.

Forms may be altered.

Notices, &c. not to be impeached on technical grounds.

153. 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.

[S. 154 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Limitation of actions.

Notice.

Tender of amends.

Double costs.

155. No action shall be commenced against any person or persons for any thing done in pursuance of this Act after six calendar months next after the fact committed, nor unless notice in writing shall have been given to the defendant or defendants, twenty-one days before such action shall be commenced, of such intended action, signed by the attorney for the plaintiff or plaintiffs, specifying the cause of such action; nor shall the plaintiff or plaintiffs recover in such action if tender of sufficient amends hath been made to him, her, or them, or to his, her, or their attorney, by or on behalf of the defendant or defendants, before such action brought; . . . and if any such action shall be brought before twenty-one days notice shall have been given thereof as aforesaid, or after a sufficient satisfaction made or tendered as aforesaid, or after the time limited for bringing the same, . . . then and in such case the jury shall find a verdict for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her, or their action or actions after the defendant or defendants shall have applied, or if . . . judgment shall be given for the plaintiff, then and in that case the defendant shall recover double costs, and shall have the like remedy for the recovery thereof as any defendant or defendants hath or have for costs of suit in other cases by law.

Interpretation of Act.

5 & 6 Vict. c. 96.

156. In the construction of this Act the words “county” of “Dublin, and any barony thereof,” shall be construed with reference to and as the boundaries thereof are defined in an Act passed in the fifth and sixth year of her Majesty’s reign, intituled “An Act to alter the number and define the boundaries of the several baronies in the county of Dublin”; and every half barony shall be considered and deemed a barony; and the word “park” or “house” to include and be construed to mean a court-yard, garden, or orchard; and the words “stipendiary magistrate” shall include a justice or magistrate of police; and the word “petty sessions” shall be deemed or taken to include a police divisional office; 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.

[Ss. 157, 158 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

SCHEDULES to which the foregoing Act refers.

Schedule No. 1.

Sect. 72 .

Declaration of Justices.

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 of Dublin, 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 the County Dublin Grand Jury Act, 1844; and that I will, without favour, affection, hatred, or malice 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. Witness my hand.

Schedule No. 2.

Sect. 72 .

Declaration of associated Cess-payers.

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 the County Dublin Grand Jury Act, 1844; and that I will, without favour, affection, hatred, or malice 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. Witness my hand.

Schedule No. 3.

Sect. 78 .

Form of Application for making a new Line of Road.

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 County Dublin Grand Jury Act, 1844; and that the expence of the same shall not exceed         pounds, and shall be defrayed by the county at large [or barony or half barony or baronies of         ].

(Signed)         A.B.

C.D.

Schedule No. 4.

Sect. 78 .

Form of Application for the Repairs of Roads.

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 will require repair during the ensuing year; and that we propose that the expence of the aforesaid repairs shall not exceed         pounds for the ensuing year, 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 County Dublin Grand Jury Act, 1844.

(Signed)         A.B.

C.D.

Schedule No. 5

Sect. 78 .

Form of Application for widening Roads, and making Fences instead of those to be taken away.

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 baronies] 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 a 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 expence 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 County Dublin Grand Jury Act, 1844.

(Signed)         A.B.

C.D.

Schedule No. 6.

Sect. 78 .

Form of Application for making or repairing Footpaths.

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 expence 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 County Dublin Grand Jury Act, 1844.

(Signed)         A.B.

C.D.

Schedule No. 7.

Sect. 78 .

Form of Application for Presentments to fill Grips or Trenches on the Sides of the Road, and making sufficient Fences instead thereof.

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 expence 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 County Dublin Grand Jury Act, 1844.

(Signed)         A.B.

C.D.

Schedule No. 8.

Sect. 78 .

Form of Application for filling Dikes or Holes on the Sides of Roads.

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 expence 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 County Dublin Grand Jury Act, 1844.

(Signed)         A.B.

C.D.

Schedule No. 9.

Sect. 78 .

Form of Application for lowering a Hill or filling a Hollow, or both, &c.

County of

}

We,         of         , and         of         , do hereby 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 he useful [here insert the work proposed]; and we propose that the expence 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 County Dublin Grand Jury Act, 1844.

(Signed)         A.B.

C.D.

Schedule No. 10.

Sect. 78 .

Form of Application for erecting, enlarging, or repairing any Building whatsoever.

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 expence 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 County Dublin Grand Jury Act, 1844.

(Signed) A.B.         C.D.

Schedule No. 11.

Sect. 94 .

Form of Application for Payment by a Contractor for a public Work.

County of

}

Whereas the sum of         was, by virtue of the         section of the County Dublin Grand Jury Act, 1844,

presented at         term 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 [or set forth the portion of the work], in conformity to the presentment for the same, and to the terms of the specification, and that every part of the said work [or the proportion of said work] was finished on the         day of         ; and I hereby apply for the payment of the said sum of         .

(Signed)         A.B., Contractor.

Schedule No. 12.

Sect. 94 .

Form of Application for payment by a Contractor for Works of Maintenance.

County of

}

Whereas at the         term in the year         , by virtue of the         section of the County Dublin

Grand Jury Act, 1844,         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 specification; 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.

(Signed)         A.B.

C.D.

Schedule No. 13.

Sect. 87 .

Form of Recognizance for Execution of Contract.

Be it remembered, that on the         day of         in the year         A.B. of         in the county of         , CD. 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 presenting sessions held at in the county of         and acknowledged themselves to be held and firmly bound to our sovereign lady the Queen, her 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: 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.

Schedule No. 14.

General Form of Presentment for County Works.

County of Dublin, to wit

}

We present, to be raised off the county at large [or off the barony of         or the baronies of

and         as the case may be], a sum not exceeding         pounds, to be expended in [here insert the object of the presentment, and the nature of the work, as particularly as shall seem necessary], according to the plan, specification, and estimate laid before us and the court, and approved of.

Schedule No. 15.

Sect. 45 .

Salaries to be paid to the County Officers in the County of Dublin. County of Dublin.

£

s.

d.

Clerk of the Peace - - - - - -

-

450

0

0

Clerk of the Crown - - - - -

-

150

0

0

Secretary, not exceeding - - - -

-

450

0

0

Sheriffs - - - - - -

-

150

0

0

Gaoler of Kilmainham - - -

-

250

0

0

Crier at Kilmainham - - - -

-

50

0

0

Crier at the Queen’s Bench - - - -

-

8

8

0

Crier in the Commission Court - - -

-

8

8

0

Court keeper in Queen’s Bench - - -

-

8

8

0

Court keeper in Green Street - - -

-

8

8

0

District Surveyor - - - - -

-

Schedule No. 16.

Sect. 110 .

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, or [as the case may be], of the county of Dublin; 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.

[1Short title “The County Dublin Grand Jury Act, 1844.” See 55 & 56 Vict. c. 10. This Act is rep. 13 & 14 Vict. c. 102. s. 60., as to so much as relates to the summary jurisdiction of justices as to any of the offences upon or relating to public roads therein-before mentioned; and the Act 13 & 14 Vict. c. 192. is rep. by section 26 of 14 & 15 Vict. c. 92., by which Act the Acts by which justices of the peace are empowered to adjudicate in a summary way as to certain offences and other matters in Ireland are consolidated and amended.]

[1See Vol. V. of this Edition, Appendix, p. 1056.]

[1In this section the words relating to dispensaries, which are rep. 55 & 56 Vict. c. 19. (S.L.R.) are omitted.]

[1Provisions as to appointment of applotters and as to applotment, rep. 37 & 38 Vict. c. 96. (S.L.R.)]