Public Works (Ireland) Act, 1837

PUBLIC WORKS (IRELAND) ACT 1837

CHAPTER XXI.

An Act to amend the Acts for the Extension and Promotion of Public Works in Ireland.[1] [30th June 1837.]

[Preamble recites 1 & 2 Will. 4. c. 33; 6 & 7 Will. 4. c. 108, whereby the commissioners acting in execution thereof were authorised to make advances in aid of public works in Ireland.]

[Ss. 1, 2 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

Applications for the construction of public works under the provisions of this Act may be made by presentment sessions.

6 & 7 Will. 4. c. 116.

3. If any three or more justices of the peace, not being stipendiary magistrates, in and for any county, county of a city, or county of a town in Ireland, shall think it expedient to make application for the construction of any public work on the terms and under the regulations herein-after contained for the repayment of a moiety of the expense of executing such work, it shall and may be lawful for them, by notice under their hands, to be posted on the places appointed for posting notices of applications to presentment sessions in the barony or half barony or place in which such work is proposed to be executed, to convene a special meeting of the justices and cess payers associated with such justices at the last special or presentment sessions held in such barony or half barony or place for the purposes of an Act passed in the last session of Parliament, intituled “An Act to consolidate and amend the laws relating to the presentment of public money by grand juries in Ireland”; and such meeting shall be held at the place appointed for the holding of such special or presentment sessions at such time as shall be specified in such notice, not being sooner than seven days from the time of posting such notice; and the senior justice present at such meeting shall preside thereat, and shall have in addition to his vote a casting voice in case of an equality of voices; and if a majority of such justices and cess payers assembled at such special sessions shall so think fit, the chairman shall apply by memorial to the lord lieutenant, on behalf of the justices and cess payers assembled at such sessions, praying that the work described in such memorial may be executed, and that a sum not exceeding the amount in such memorial mentioned may be advanced for that purpose; a moiety thereof to be repaid by grand jury presentment, as herein-after mentioned.

Lord lieutenant may refer such applications to commissioners of public works for their report, and transmit such report to the Treasury, who may issue a warrant for the execution of the works applied for.

4. Upon any such application by memorial as aforesaid it shall be lawful for the said lord lieutenant, if he shall so think fit, to authorise and direct the said commissioners acting under and in execution of the said Acts to inquire into the nature of the said proposed work, and the utility thereof, and the benefit which may arise therefrom in affording present employment for the labouring population, and the permanent demand for labour likely to grow thereout, and the sum necessary for the execution thereof; and it shall be lawful for the said commissioners, if they shall be so directed or think necessary, to appoint and employ the county surveyor, or any other competent surveyor or surveyors, to make a survey and estimate of the said proposed work, and to prepare such map, plan, section, or specification, thereof as may be necessary, and to report thereon to the said lord lieutenant, who shall take the same into his consideration, and, if he shall so think fit, transmit the same to the Treasury, for their sanction and approval; and if the Treasury shall think fit to authorise the work specified in the said application, or any modification thereof which they may think proper, to be undertaken, they shall, by warrant, direct the said commissioners acting under and in execution of the said Acts to execute such work at and for an amount not exceeding a sum to be specified in such warrant, not exceeding the sum mentioned in the said application for the execution of such work, and shall also in and by such warrant specify when and how the moiety of the money to be expended in the execution of such work shall be repaid, and, if by instalments, the periods and amount thereof, and the rate of interest (if any) to be paid on the amount from time to time remaining due: Provided always, that it shall and may be lawful for the Treasury, by any like warrant or warrants, from time to time to make void such directions, and to give other directions as they may think fit in respect of the repayment of the said moiety, or the rate of interest chargeable thereon, or any part thereof at any time remaining unpaid.

Upon receipt of warrant, commissioners shall proceed with the works.

5. The said commissioners, acting under and in execution of the said Acts shall upon the receipt of such warrant, forthwith cause the construction of the work mentioned therein to be proceeded with, and shall for such purpose have and use all such powers and authorities as they are by the said Acts invested with for the construction of any road, bridge, or other work for the construction whereof a grant shall have been sanctioned by the Treasury.

A moiety of the money required for the execution of the work shall be issued out of the produce of the consolidated fund arising in Ireland, &c.

6. One moiety of the monies required for the execution of works undertaken upon such applications as herein-before mentioned shall be advanced out of the produce of the said consolidated fund arising in Ireland; and the Treasury shall cause the same to be issued thereout accordingly from time to time as they shall think fit, upon the application of the said commissioners acting under and in execution of the said Acts; and the monies so to be from time to time issued for the purpose last aforesaid shall be accounted to be part of the money by the said Acts and this Act authorised to be issued by way of grant.

The other moiety shall be supplied by Exchequer bills as in case of loans under recited Acts.

7. The other moiety of the monies required for the execution of the said works shall be supplied by the issue of Exchequer bills in like manner as in the case of advances by way of loan under the said recited Acts: Provided always, that the amount of the Exchequer bills so issued shall be deemed and accounted to be a part of the sum to which the issue of Exchequer bills for the purposes of the said Acts is thereby limited.

A moiety of the money so advanced shall be raised by grand jury presentment off the county at large or off the barony, &c. in which the work has been executed, or as the grand jury may determine.

If grand jury shall not present, the money shall be raised, without any presentment, off the county at large.

8. A moiety of the monies so from time to time advanced for the execution of public works in any county, pursuant to the application of the justices and cess payers assembled at special sessions as aforesaid, shall be repaid by grand jury presentment at such time and in such manner, and with such interest, as the Treasury shall appoint and direct; and the said commissioners acting under and in execution of the said Acts shall from time to time, as they may be directed by the Treasury, certify to the secretary of the grand jury of each such county the money so to be repaid; and each such secretary shall lay such certificate before the grand jury of such county at the next assizes after he shall receive the same; and it shall be lawful for such grand jury, and they are hereby required, to present the sum mentioned in every such certificate to be raised either off the county at large or off the barony or half barony or other division in which the work to which such certificate may relate shall have been executed, as they may think fit; and the treasurer of such county shall pay the sum so presented, when and as by him received, to such bank or person as the Treasury shall direct, to be by them carried to the same account as other monies received in payment of loans under the said Acts: Provided always, that if the grand jury of any county shall fail to present the sum mentioned in any such certificate, the treasurer of such county shall and he is hereby required to insert such sum in his warrant for raising the monies presented at the same assizes, as if such sum had been presented by such grand jury to be raised off the county at large, and the same shall be raised and levied off such county accordingly, as if the same had been so presented; and the said treasurer shall pay over the amount, when by him received, as herein-before provided in the case of such money being presented.

[Ss. 9–11 rep. 37 & 38 Vict. c. 35. (S.L.R.)]

[1 Short title, “The Public Works (Ireland) Act, 1837.” See 55 & 56 Vict. c. 10.]