Public Works Loans (Ireland) Act, 1877

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PUBLIC WORKS LOANS (IRELAND) ACT 1877

CHAPTER XXVII.

An Act to grant Money for the purposes of Loans by the Commissioners of Public Works in Ireland, and to remit certain Loans, and to amend the Law relating to Loans for public purposes by the Commissioners of Public Works in Ireland. [23rd July 1877.]

[Preamble.]

Short title.

1. This Act may be cited as the Public Works Loans (Ireland) Act, 1877.

Definition of “county”

2. In this Act the term “county” means a county at large, also a county of a city, a county of a town and city, and a city or town and county.

Charge of interest on local loans in Ireland, and provisions as to their issue and remission.

3. All advances out of the Consolidated Fund made by way of loan after the passing of this Act, in pursuance of the Acts mentioned in the first part of the First Schedule to this Act, or of any other Act authorising loans to local authorities in Ireland without interest (other than for the purposes mentioned in the second part of the said schedule), shall bear interest.

All such advances shall be made through the Commissioners of Public Works in Ireland, acting under the direction of the Treasury, in such manner as the Treasury shall by order from time to time direct; and the power vested by the said Acts in the Lord Lieutenant, or the Lord Lieutenant in Council, to direct any sum to be issued out of the Consolidated Fund, shall be transferred to and vested in the Treasury.

... All orders made by the Treasury in pursuance of this section shall be laid before each House of Parliament within forty days next after the same are made, if Parliament is then sitting, or, if not, within forty days after the then next meeting of Parliament.

Nothing in the foregoing provisions of this section shall apply to loans which at the passing of this Act have been authorised by an Order of the Lord Lieutenant in Council.

All advances made (whether before or after the passing of this Act) in pursuance of the said Acts shall be remitted or compounded only under the authority of Parliament in each case.

Recovery from grand jury of advances made.

4. Where any advance made in pursuance of the Acts mentioned in the First Schedule to this Act, whether made before or after the passing of this Act, has been made on the faith of the presentment of a grand jury, or a grand jury are authorised or required to present the amount required for the repayment of any such advance as above mentioned, the grand jury shall be authorised and required, without any previous proceeding at any presentment sessions, to present the amount required for the repayment of the whole of such advance, and of the interest thereon; and upon the certificate of the Commissioners of Public Works in Ireland that any sum in respect of an advance, or interest on an advance, is due to the Consolidated Fund from any county, or any part thereof, being sent to the secretary of the grand jury of such county, the grand jury shall at the next assizes or presenting term, without any previous proceeding at any presentment sessions, present such sum, or in default thereof the judge of assize or the court shall order such sum to be raised, which order shall have the force of a presentment, and such sum shall be applotted and raised and levied accordingly as if the same had been inserted on a presentment duly made at such assizes or presenting term; and every sum raised I’m pursuance of this section shall be paid into the Bank of Ireland to the account of Commissioners of Public Works in Ireland, or in such other manner as the Treasury from time to time direct.

In this section, the expression “grand jury” shall include the town council of any borough to whom the powers of a grand jury with respect to the presentment of public money have been transferred.

[S. 5 rep. except as to repayment of certain advances 61 & 62 Vict. c. 37 s. 110 (2).]

Power to lend for purchase of tolls of bridge on security of county cess.

6. Where any Commissioners, acting under any Act of Parliament passed either before or after the passing of this Act in relation to any bridge or the tolls thereof, are authorised to borrow any sum or sums of money for the purpose of the purchase of the tolls payable on such bridge, or of paying off any lien or incumbrance on such tolls, or otherwise of freeing such bridge from toll, and the principal and interest of the sum or sums so borrowed are charged by such Act on the county cess or grand jury rate of any county, or of any part or parts thereof, and are required by the said Act to be presented by the grand juries of such county, the Commissioners of Public Works in Ireland may, if it seems fit, lend, in accordance with the Acts relating to loans by those Commissioners, any sum or sums of money for the purposes aforesaid; and if an arrangement for any such loan has been made by the Commissioners of Public Works, and approved by the Treasury before the passing of this Act, the sum or sums may be lent on the terms of such arrangement.

For the purpose of any loan under this section, the grand jury or grand juries shall present the amount required for the repayment of such loan and the interest thereon, and direct the same to be raised by the instalments and at the times required for such repayment, and the same shall be raised accordingly; and the provisions of this Act with respect to the recovery of an amount required for the repayment of an advance to a grand jury shall, without prejudice to any other remedy, apply in like manner as if a loan under this section, and the interest thereon, were an advance made to a grand jury in pursuance of the Acts mentioned in the First Schedule to this Act: Provided, that where the said loan is charged on the county cess or grand jury rate of a part only of a county, the same shall be applotted, raised, and levied in that part only.

7 [Recital of 10 Vict. c. 32. s. 37; 29 & 30 Vict. c. 40. s. 3.]

Advance for improvement of landed property to carry interest from date of advance. 10 Vict. c. 32. 29 & 30 Vict. c. 40.

In case any loan is made after the passing of this Act in pursuance of the Landed Property Improvement (Ireland) Act, 1847, and the Drainage and Improvement of Land (Ireland) Act, 1866, or either of them, or any other Acts continuing and extending the provisions of either of them, it shall be lawful to further charge the lands included in any order of the said Commissioners of Public Works with interest on such loan at the rate of three and a half per centum per annum from the date of each advance to the first gale day which shall next happen: videlicet, the fifth day of April or the tenth day of October.

8 [Recital of 38 & 39 Vict. c. 82. s. 3.]

Advances for teachers dwellings to carry interest from the date of advance. 38 & 39 Vict. c. 82, 29 & 30 Vict. c. 40.

In all advances made in pursuance of the National School Teachers’ Residences (Ireland) Act, 1875, notwithstanding the provisions of the said recited third section as to the mode of computing the rentcharges payable thereunder, such rentcharges shall be computed and paid in accordance with the provisions of the third section of the Drainage and Improvement of Land (Ireland) Act, 1866, as amended by the seventh section of this Act in respect of interest which shall accrue from the date of the advance to the first gale day which shall next happen.

[Ss. 9, 10 rep. 46 & 47 Vict. c. 39 (S.L.R.) S. 11 rep. 45 & 46 Vict. c. 62. s. 11. Ss. 12–16 rep. 50 & 51 Vict. c. 16. s. 21. S. 17 rep. 46 & 47 Vict. c. 39 (S.L.R.)]

FIRST SCHEDULE.

[Second Sched rep. 46 & 47 Vict. c. 39 (S.L.R.)]