Local Government (Ireland) Act, 1898

Transfer to county court of grand jury business respecting compensation for criminal injuries and amendment of law respecting such compensation.

6 & 7 Will. 4. c. 116.

24 & 25 Vict. c. 97.

6 & 7 Will. 4. c. 116.

14 & 15 Vict. c. 57.

52 & 53 Vict. c. 48.

5.(1) There shall be transferred to the county court the business of any presentment sessions and grand jury in relation to compensation for criminal injuries, that is to say, compensation under the enactments mentioned in Part One of the First Schedule to this Act, and of those enactments section one hundred and thirty-five and the following sections of the Grand Juries Act, 1836, so far as unrepealed, shall extend to the case of maliciously setting fire to, destroying, or injuring property of any description, whether real, or personal, in like manner as they apply to the setting fire to, injuring, or destroying the particular descriptions of property specified in the first-mentioned section: Provided that this Act shall not extend the application of the said sections to any case except where the malicious act done was a crime punishable on indictment under the Malicious Damage Act, 1861.

(2) Upon an application for such compensation, the county court may either refuse the application, or make a decree against the county council, and, if the decree is made, shall have the power of a judge of assize under section one hundred and forty of the Grand Juries Act, 1836, with respect to the apportionment of the compensation.

(3) Any person claiming compensation in a county may apply to the county court, and the council for the county and the council for the district in or within one mile from the boundary of which county or district the injury is alleged to have been committed, and also any person paying poor rate in that county may, as well as the applicant, appear and be heard by the county court in relation to the application.

(4) Any person or council who appeared, or though not actually appearing was entitled to appear, before the county court in relation to such application, and also, where the area off which the compensation awarded is to be levied is less than the whole county, the council for any county district comprising all or any part of that area, may, if aggrieved by the refusal or decree of the county court, appeal to the judge of assize, and, subject to this Act and to rules of court, the County Courts (Ireland) Acts, 1851 to 1889, shall, except in so far as they require security to be given, apply in like manner as in the case of any other appeal; and the judge may vary the decree in respect of the area off which the compensation is to be levied as well as in respect of other matters.

(5) The judge of assize upon any such appeal shall, in addition to any other power, have power if he thinks fit to empanel a jury to try any issue of fact arising on the appeal, and such jury shall, if any party to the proceedings so requires, be a special jury.

(6) The county court and judge of assize respectively may award costs to or against any party to any proceedings under this section.

(7) Rules of court may regulate the practice and procedure under this section, including costs, and the service of all preliminary notices, and the time within which any proceedings are to be had or taken; and in particular such rules shall provide that non-compliance with any of the rules shall not render any proceedings void unless the court or judge of assize so direct, but the time may be extended and the proceedings may be set aside either wholly or in part, or be amended or otherwise dealt with, in such manner and upon such terms as the court or judge may think just.

(8) Save so far as fees are taken by an existing clerk of the peace for his own use, court fees shall not be payable in any proceedings in the county court under this section.

(9) The enactments mentioned in Part One of the First Schedule to this Act and this section shall extend to the whole of Ireland so far as they do not already so extend.