Public Works Loans Act, 1883

Provision for recovery of money due to Commissioners from grand jury.

13. (1.) Where any sum is payable to the Commissioners of Public Works in Ireland by a county or any part thereof on account of any advance made or expenses incurred by or under the authority of the said Commissioners in pursuance of this Act or of any Act passed either before or after the passing of this Act, and such sum is payable by instalments, the said Commissioners shall not be required to issue a separate certificate for the recovery of each of such instalments, but they may, at any time or times after the making of such advance or the incurring of such expenses as aforesaid, send to the secretary to the grand jury of such county a certificate or certificates specifying the whole or any part or parts of the sum so payable; and any such certificate shall also specify the amount (including principal and interest) of each instalment payable by such county or any part thereof in respect of the sum specified in such certificate, and, as nearly as may be, the time at which each such instalment will be due.

(2.) Any such certificate shall, until the contrary is proved, be conclusive evidence of all matters necessary to authorise the making of it.

(3.) Upon any such certificate being sent to the secretary to the grand jury, the grand jury at the next and every succeeding assizes or presenting term, until the sum therein specified as aforesaid has been fully paid, shall, without any previous proceeding at any presentment sessions, present the amount required for the payment of any instalment of the said sum for the time being due or falling due before the then next assizes or presenting term, as specified in the said certificate; and if such grand jury make default in presenting such amount as aforesaid, the judge of assize or the High Court of Justice shall order such amount to be raised, and such order shall have the force of a presentment, and such amount shall be applotted and raised and levied accordingly as if the same had been inserted in a presentment duly made at such assizes or presenting term.

The secretary to the grand jury shall, within one month after the date of any such presentment or order as aforesaid, send notice thereof to the said Commissioners, and every sum raised in pursuance of any such presentment or order shall be paid into the Bank of Ireland to the account of the said Commissioners or in such other manner as the Treasury from time to time direct

In this section—

The expression “county” includes a county of a town and city, and a city or town and county :

The expression “grand jury,” as regards any borough of which the council is authorised by law to make presentments, includes such council, and the expression “secretary to the grand jury,” as regards any such town council, includes the town clerk.