Local Government (Drogheda and Meath) Act, 1845

LOCAL GOVERNMENT (DROGHEDA AND MEATH) ACT 1845

C A P. CXXI.

An Act to amend and explain certain Provisions of an Act of the Third and Fourth Years of Her present Majesty, for annexing certain Parts of certain Counties of Cities to adjoining Counties, for making further Provision for Compensation of Officers in Boroughs, for limiting the Borough Rate, and for continuing an Act to restrain the Alienation of Corporate Property in Ireland. [8th August 1845.]

3 & 4 Vict.c.108.

3 & 4 Vict.c.109.

All that Part of the old County of the Town of Drogheda on the South Side of the River Boyne, and not included within the Boundaries of the present Borough of Drogheda, shall be annexed to the County of Meath.

Whereas an Act was passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present Majesty, intituled An Act for the Regulation of Municipal Corporations in Ireland; and another Act was passed in the same Session of Parliament, intituled An Act to annex certain Parts of certain Counties of Cities to adjoining Counties, to make further Provision for Compensation of Officers in Boroughs, to limit the Borough Rate, and to continue for a limited Time an Act to restrain the Alienation of Corporate Property in Ireland: And whereas under the Provisions of the said recited Acts certain Parts or Portions of the old County of the Town of Drogheda and of the ancient Liberties thereof, and certain Parts of Parishes or other Denominations, are not included within the Boundaries of the County of the Town of Drogheda as defined under the said recited Acts, and have, for the Purpose of Grand Jury Presentments, and of Criminal Jurisdiction, and also of Civil Jurisdiction of the Superior Courts of Common Law in Dublin, become severally Part of the County of Louth: And whereas of the said Portion of the old County of the Town of Drogheda not included in the Boundaries of the present County of the Town of Drogheda as defined under the said recited Acts a certain Part or District is situate on the South Side of the River Boyne, and has under the said recited Acts become Part of the County of Louth, but lies wholly detached from the rest of the said County of Louth, from which it is separated by the River Boyne and by the present County of the Town of Drogheda, and such Part or District is immediately adjacent to the County of Meath; and it is therefore expedient that the said Part or District should be disannexed from the County of Louth, and should be annexed to the County of Meath;’ be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all such Part or District of the old County of the Town of Drogheda not included within the Boundaries of the Borough and the County of the Town of Drogheda as defined under the said recited Acts as is situate on the South Side of the River Boyne shall for all Purposes of Grand Jury Presentments, and of Criminal Jurisdiction, and also of Civil Jurisdiction of the Superior Courts of Common Law in Dublin, and to all Intents and Purposes, be Part of the County of Meath, and shall be and be deemed and taken to be Part of and annexed to the Barony of Lower Duleek in the said County of Meath: Provided always, that nothing in this Act contained shall alter or affect the said County of the Town or Borough of Drogheda, or the Boundaries thereof, for any Purposes of Parliamentary Representation, or for any Purpose relating thereto; and where it is or shall be necessary for any Purpose of such Representation to describe any Residence or Premises or Place, in any Oath, Affidavit, or Document, or otherwise, as within the County of the Town of Drogheda, such Residence, Premises, or Place (if situate within such District hereby annexed to the County of Meath) may be described as within the Parliamentary Boundaries of the said County of the Town of Drogheda.

Such District to continue liable to its Proportion of the Debt due by the old County of the Town of Drogheda.

6 & 7 Vict. c. 32.

6 & 7 Vict. c. 71.

II. Provided always, and be it enacted, That nothing herein contained shall extend to alter or affect, save as herein-after mentioned, the Liability, if any, of such Place or District hereby annexed to the said County of Meath, to contribute to the Payment of any Debt or Debts due by the County of the Town of Drogheda to Her Majesty’s Exchequer, or any Instalments or Annuity in respect of the same, or any Instalments or Sums under any Presentment heretofore made by the Grand Jury of the County of the Town of Drogheda to which respectively, or to a Proportion of which, such Place or District may have been liable to contribute before the passing of this Act, or to alter or affect any Liability of such Place or District under any Award of any Barrister acting under the Provisions of an Act made in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of Her present Majesty, intituled An Act to amend the Laws in force relating to Grand Jury Presentments in Counties of Cities and Counties of Towns in Ireland, or under a certain other Act of the same Session of Parliament, intituled An Act to make further Provision in respect of Grand Jury Presentments in Counties of Cities and Counties of Towns in Ireland, but that the Liability of such Place or District to contribute in respect of any of the foregoing Matters shall remain in all respects the same as before the passing of this Act, save as hereinafter mentioned.

The Contribution payable by the whole Precinct severed from Drogheda towards the old Debts of Drogheda to be apportioned on the Two Districts of which the said Precinet consists in the Counties of Louth and Meath.

The Proportions to be levied and paid over, &c. in like Manner as the whole Contribution was levied and paid.

III. ‘And whereas the Portion or Precinct of the old County of the Town of Drogheda not included in the Boundaries of the present County of the said Town is now liable, under the Provisions of the said Two last-recited Acts, to pay a Contribution to certain Debts of the old County of the said Town, as in the said Acts mentioned, and the same consists of Two Parts or Districts, one whereof is and will continue to be situated in the County of Louth, and the other Part or District is by virtue of this Act annexed to the County of Meath, and it will be necessary to ascertain the Proportions in which the said Two Districts shall be liable to their joint Contribution to the Payment of any such Debt or Debts as aforesaid due by the old County of the Town of Drogheda;’ be it therefore enacted, That it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland to direct and order the Commissioner of Valuation appointed under the Acts for the uniform Valuation of Lands and Tenements in Ireland to ascertain and report, and such Commissioner of Valuation shall thereupon ascertain and report, the respective Proportion in which the said Two Districts so severed from the old County of the Town of Drogheda shall pay their respective Share of the Contribution to be made by such Two Districts to the Payments of such Debts as aforesaid due by the old County of the Town of Drogheda, and of such Instalments, Annuity, or Sums payable in respect of the same by such Two Districts before the passing of this Act, and the said Commissioner shall transmit such his Report to the respective Treasurers of the Counties of Louth and Meath, specifying such Proportions, which thenceforth shall be deemed and taken to be the Proportions in which the said District situate in the County of Louth and the said District hereby annexed to the County of Meath shall pay their respective Shares of such Contribution to such Sums and Payments as aforesaid; and such respective Proportion of such Contribution, and of such Debts, Instalments, Annuity, Sums, or Interest as aforesaid, shall be presented from Time to Time by the respective Grand Jury of the County of Louth or Meath, as the Case may be, to which such District shall be annexed, or, as the Case may be, shall be applotted, raised, and levied on and off such respective District as if the same had been duly presented by Warrant of the respective Treasurer of the County whereunto each such District is or shall be annexed, and paid over and disposed of in such and the like Manner respectively, and subject to the like Provisions, as in the said Two last-recited Acts respectively contained and provided in relation to any such Payments or Contribution as aforesaid, as far as the same are applicable, and not inconsistent with this Enactment.

The Treasurer of the County of Louth shall furnish to the Treasurer of the County of Meath a Statement of certain Arrears and Credits.

IV. ‘And whereas certain Arrears may be due and unpaid by some Persons in the said District hereby annexed to the County of Meath in respect to such Sums heretofore respectively payable under the Provisions of the said Two last-recited Acts or other Acts relating to Grand Jury Rates or Cesses: And whereas also certain Persons in the said District are entitled, under the Provisions of the last-recited Act, to certain Credits in respect to Sums heretofore paid by them;’ be it enacted, That the Treasurer of the County of Louth shall furnish to the Treasurer of the County of Meath a written Statement under his Hand of all such Arrears due as aforesaid by or Credits as aforesaid which may be justly claimed by any Person or Persons, in respect of any Lands or Tenements situate in such District hereby annexed to the County of Meath; and it shall be lawful for the Treasurer of the County of Meath from Time to Time to allow such Credits to the Parties entitled thereto, and also by his Warrant to collect such Arrears as aforesaid, and to pay over and dispose of the same in like Manner as the same, if duly levied when due, should have been paid over and disposed of.

Such District not to be liable for preceding Debts or Instalments due by the County of Meath.

V. Provided always, and be it enacted, That the said Place or District hereby annexed to the said Barony of Lower Duleek shall not be liable to or bound to contribute to the Payment of any Debt due or Instalment payable by the County of Meath or said Barony of Lower Duleek under any Presentment of the Grand Jury of the County of Meath made before the passing of this Act, or made for the Repayment of any Advances of Public Money made to such County or Barony before the passing of this Act, but any such Presentments heretofore made shall be levied as if this Act had not been passed.

Provision for fixing the Proportion in which the Barony to which such Addition shall be made is to be assessed to Grand Jury Cess.

VI. And be it enacted, That it shall be lawful for the Grand Jury of the County of Meath, or for Twenty or more Cess-payers of such Place or District hereby annexed to the said County of Meath, to apply by Memorial to the Lord Lieutenant or other Chief Governor or Governors of Ireland and Council, that Proceedings may be taken to ascertain in what Proportion and according to what Valuation the Barony to which such Addition shall be so made shall be assessed and applotted to Grand Jury Cess; and thereupon the Lord Lieutenant or other Chief Governor or Governors of Ireland and Council shall from Time to Time make such Order or Orders as to them shall appear just touching the Subject Matter of such Petition, and in so doing shall settle and define the Boundaries of the Barony to which such Addition shall be made; and the Grand Jury of such County of Meath, and also the Lord Lieutenant or other Chief Governor or Governors of Ireland and Council, are thereby empowered, if they shall respectively deem fit, to employ a Surveyor or Surveyors to examine and report upon the Circumstances and Value of such Barony or Baronies, and such Part or District as aforesaid, and to order the Expences of such Examination and Report to be paid; and the Grand Jury of such County which shall assemble next after such Order shall and they are hereby required to present the Amount of such Expences to be raised off such County, and paid out of the Grand Jury Cess thereof, and the Grand Jury of such County are hereby empowered to present to be so raised and paid all such further Expences as shall be incurred by them, or by any former Grand Jury, or their Officers, in and about the procuring of such Annexation as aforesaid.

Grand Jury, with the Approval of Judge, to adjust the Proportions of Grand Jury Cess.

Proportions and Valuations to be entered in County Books.

Provision for Valuation under the 6 & 7 W. 4. c.84.

VII. And be it enacted, That it shall be lawful for the Grand Juries of the Counties of Meath and Louth respectively, for their respective Counties, from Time to Time, with the Approbation of the Judge or Judges of Assize for the Time being, to adjust or alter the Proportions in which and the Valuations according to which the Place or District so added to such County of Meath, and every Townland or other Denomination or Sub-denomination thereof, shall contribute to the Grand Jury Cess of such County of Meath, and the Proportions in which the Barony or Half Barony or other District from which such Place or District shall be so taken away shall so contribute to the Grand Jury Cess of the County of Louth, or in which any Barony, Half Barony, or District which shall not sustain any Increase or Diminution by such Change ought to contribute by reason of such Change: Provided always, that it shall be lawful for the Grand Juries of such Counties respectively, for their respective Counties, to direct that such Proportions and Valuations as aforesaid shall be entered in the County Books of such Counties respectively, and thereupon the same shall be so entered accordingly, and shall, until further altered or adjusted by Law, be the Proportions and Valuations according to which the Warrant of the Treasurers of such Counties respectively shall be made with respect to those Places to which such Valuations or Proportions shall relate: Provided always, that in every Case in which any Valuation made or to be made by virtue of an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland, and to incorporate certain detached Portions of Counties and Baronies with those Counties and Baronies respectively whereto the same may adjoin, or wherein the same are locally situate, or by virtue of any other Act or Acts, shall, under the Provisions of such Act or Acts, be or have been in force and applicable to any such Barony, Place, or District, or, if this Act had not been passed, would be so in force and applicable, regard shall be had to such Act or Acts, and to any Valuation made or to be made in pursuance thereof, in the Warrant of the Treasurers of such Counties respectively, and in the Levy of Grand Jury Cess of such Counties respectively, or such Barony and Place or District as aforesaid.

A District taken from the County of Louth, and annexed to Drogheda, under the Corporation Acts, shall be exempted and exonerated from the former Debts due by Drogheda.

VIII. ‘And whereas under the Provisions of the said recited Acts of the Session held in the Third and Fourth Years of the Reign of Her present Majesty a certain Place or District, being before the passing of the said Act Part of the County of Louth, is locally situate and included within the Boundaries of the Borough of Drogheda as defined under the said recited Acts, and by reason thereof the said Place or District became and is deemed and taken to be Part of the County of the Town of Drogheda, and of no other County, and by reason thereof became and is liable to contribute to the Payment of a Proportion of Debts due and Instalments or Annuity payable by the said County of the Town of Drogheda to Her Majesty’s Exchequer, for Advances of Money theretofore made to the said County of the Town of Drogheda, and to the Payment of a Proportion of Sums to be assessed by the Award of a Barrister on the said County of the Town of Drogheda, and on the Precincts of the same, under the Provisions of the said recited Acts of the Sixth and Seventh Years of the Reign of Her present Majesty: And whereas it is just that the said Place or District so taken from the County of Louth, and annexed to the Borough of Drogheda, should be exonerated from the Payment of such Debts and Instalments, Annuity, or Sums of Money so due and payable for Sums advanced before such Annexation as aforesaid;’ be it therefore enacted, That the said Place or District so taken from the County of Louth, and annexed to the said Borough of Drogheda, shall be exempt and exonerated from the Payment of any Proportion of such last-mentioned Debts, Instalments, Annuity, or Sums of Money, and that the Amount of the Assessments for the same from Time to Time to be made, from which the said Place or District is hereby exempted and exonerated, shall be from Time to Time assessed upon and levied from the remaining Portion of the Borough of Drogheda.

Court of Conscience, Drogheda, to have Jurisdiction to Extent of Forty Shillings.

IX. ‘And whereas the Court of Conscience held before the Mayor of the Town and County of the Town of Drogheda, for determining Causes in all Small Debts between Party and Party under the Value of Ten Shillings, has been of great Use, and will be of still greater Advantage to the Inhabitants if the Jurisdiction of said Court be extended to the Determination of Causes in all Small Debts between Party and Party under the Value of Forty Shillings;’ be it therefore enacted, That the Mayor of the said Town and County of the Town of Drogheda for the Time shall have full Power and Authority to hear and finally determine Causes in all Small Debts between Party and Party under the Value of Forty Shillings, and shall have and exercise in relation thereto all the Powers, Authorities, and Jurisdictions which the Mayor of said Town and County of the Town hath heretofore had and exercised in the said Court of Conscience.

The Acts of the Justices of the Peace for the County of Kilkenny heretofore done relating to the District herein mentioned shall be as valid as if the same had been Part of the County of Kilkenny.

X. ‘And whereas under the Provisions of the said recited Acts certain Parts or Portions of the old County of the City of Waterford and of the ancient Liberties thereof, and certain Parts of Parishes or other Denominations, are not included within the Boundaries of the County of the City of Waterford as defined under the said recited Acts of the Third and Fourth Years of the Reign of Her present Majesty, and have for the Purpose of Grand Jury Presentments, and of Criminal Jurisdiction, and also of Civil Jurisdiction of the Superior Courts of Common Law in Dublin, become severally Part of the adjoining County of Waterford: And whereas a certain District of such old County of the City of Waterford not included within the Boundaries of the present County of the City of Waterford as defined under the said last-mentioned Acts is situate on the North Side of the River Suir, and has, as aforesaid, become Part of the County of Waterford; but Doubts having existed as to the true Construction of the said last-mentioned Acts in respect thereto, the said last-mentioned Portion or District situate on the North Side of the said River has been, since the passing of the said recited Acts of the Third and Fourth Years of Her Majesty’s Reign, erroneously deemed to be treated as Part of the County of Kilkenny, and the Justices of the Peace of the County of Kilkenny have under such erroneous Impression exercised Jurisdiction therein as if the same were Part of the said County: And whereas it is just and expedient that the Acts of such Justices done under such erroneous Impression should be validated, and such Justices, and those acting under their Authority in that Behalf, should be indemnified;’ be it therefore enacted, That all and every Act or Acts of any Justice or Justices of the Peace or of the Assistant Barrister of the County of Kilkenny, heretofore done in any Matter or Thing concerning or in anywise relating to or within the said District, from the Time when the same was by Law severed from the County of the City of Waterford, and the Act or Acts of any Constable or other Officer in obedience thereto, shall be and shall be deemed to have been as valid, good, and effectual in the Law, to all Intents and Purposes whatsoever, as if said Place or District had been at the Time of such Act or Acts lawfully a Part of the County of Kilkenny.

Alteration of Act.

XI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.