rant shall, as to all Houses, Tenements, and Portions of Land in respect of which the Amount chargeable according to such amended or new Warrant shall not have been then paid or levied, or so far as any Sums therein mentioned, or any Part thereof, shall be unpaid, have the Force and Effect of any original Warrant issued under this Act as aforesaid: Provided always, that the said Recorder or Assistant Barrister or Justices to whom such Appeal shall be made shall not examine or inquire into any other Cause or Ground of Appeal than such as is stated and specified in the Notice of Appeal, nor alter any such Rate with respect to any other Person or Persons, Matter or Matters, than shall be mentioned and specified in the Notice of Appeal; but if upon an Appeal from the whole of any Applotment it shall be found necessary to quash or set aside the same, then the said Recorder or Assistant Barrister or Justices shall quash the same, and shall in that Case order the Treasurer to make a new Applotment, and such Treasurer is hereby required to make the same, and to issue new Warrants accordingly. the Amount VIII. And be it enacted, That if upon the hearing of any If Applotment Appeal from any Applotment made under this Act the said be decreased, Recorder or Assistant Barrister or Justices shall order the overpaid to be Name of any Person to be struck out of such Applotment, or returned. the Sum or Sums applotted on any Person to be decreased or lowered, and if it shall be made appear to the said Recorder or Assistant Barrister or Justices that such Person hath, previously to the hearing of such Appeal, paid any Sum or Sums of Money, in consequence of such Applotment, with which he ought not to have been charged, then and in every such Case the said Recorder or Assistant Barrister or Justices shall order all and every such Sum and Sums of Money to be repaid by the said Treasurer, together with all reasonable Costs, Charges, and Expences occasioned by such Person having been required to pay the same; and the Amount so to be repaid by such Treasurer shall be allowed him in his Account with the Grand Jury of the County of the City or Town, as the Case may be. IX. And be it enacted, That the Person so appealing shall give or cause to be given at least Fourteen Days Notice in Writing of his, her, or their Intention of appealing as aforesaid, and of the Matter or Cause thereof, to the Treasurer of the County of the City or of the Town for the Time being; and if any Person shall appeal against any Applotment because any other Person is applotted or omitted to be applotted therein, or because any other Person is rated therein at any greater or less Sum than his, her, or their due Proportion of such Grand Jury Cess, or for any other Cause that shall require any Alteration to be made in such Applotment with respect to any other Person, then and in every such Case the Person so appealing shall give such Notice of Appeal as aforesaid, not only to the Treasurer, but also to every other Person so interested or concerned in the Event of such Appeal; and every such other Person shall, if he shall desire, be heard upon such Appeal. X. Pro Fourteen Days peal to be given. Cess to be paid and levied as if X. Provided always, and be it enacted, That, notwithstanding no Appeal made. any such Appeal or Notice thereof, every Sum specified in such Warrant shall be payable, and shall and may be levied, sued for, and recovered, as if no Appeal had been made, until or unless such Warrant shall be quashed or amended. Recognizance to be entered into on Appeal. Justices may award Costs XI. And be it enacted, That within Five Days after Notice shall be given of Appeal the Appellant shall enter into a Recognizance before some Justice of the Peace having Jurisdiction in the County of the City or of the Town, with sufficient Securities, conditioned to prosecute such Appeal at the proper Sessions of the Peace in that Behalf, and to abide the Order of and pay such Costs as shall be awarded by the Recorder or Assistant Barrister or Justices at such Sessions. XII. And be it enacted, That such Recorder, Assistant Barin certain Cases. rister, or Justices, upon hearing and finally determining the Matter of any Appeal, shall and may, according to their Discretion, award such Costs to the Party appealing or appealed against as they shall think proper; and their Determination in or concerning the Premises shall be conclusive and binding on all Parties to all Intents and Purposes whatsoever. Treasurer to collect Cess if there be no appointed. XIII. And be it enacted, That if at any Time there shall be no Person duly appointed a Collector of Grand Jury Cess in Collector duly any County of a City or County of a Town pursuant to the Laws now in force, it shall be lawful for the Treasurer of such County of a City or County of a Town, and he is hereby required, to collect such Cess; and it shall be lawful for him to appoint, by Writing under his Hand and Seal, One or more Persons, for whom he shall be answerable, to assist him therein, and he or they shall be entitled to such Poundage as the Grand Jury may think fit, not exceeding Nine-pence in the Pound. The Council of the Borough of Cork may order a Part not within the Local Act for lighting, paving, cleansing, and improv. ing the Borough to be included in such Act. XIV. And whereas Part of the County of the City of Cork, 6 as bounded under the Provisions of the herein-before recited Acts of Her present Majesty's Reign, is within the Provisions of a Local Act made for lighting, paving, cleansing, and improving thereof, and other Part is not within the Provisions of such Local Act, but is, nevertheless, under the said recited Act passed in the last Session of Parliament, liable to con'tribute to the Payment of the Money to be raised for lighting, paving, cleansing, and improving the Portion of such County within the Provisions of such Local Act;' be it therefore enacted, That it shall be lawful for the Council of the said Borough of Cork to make an Order that the Part of such Borough not within the Provisions of such Local Act shall, from and after a certain Day to be named in such Order, be taken to be within the Provisions of such Local Act for lighting, paving, cleansing, and improving such Borough; and after such Day such Part as aforesaid shall be within the Provisions of such Act, as fully as if such Part had been originally named in such Act, any thing in such Act contained to the contrary notAmount of Rate withstanding: Provided always, that the additional Rates to be for lighting, how limited. raised off such County of the City of Cork, for the Purpose of defraying the Expences of lighting such Part, shall not exceed the average Expence per Lamp of lighting the other Parts of limited. the County of the City of Cork; and that the additional Rate Rate for other to be raised off the said County of the City of Cork, for paving, Purposes, how cleansing, and improving the Part so to be included, shall not exceed the Rate per Square Yard of Highway now chargeable, under the said Act, within the Part of such County now within the Provisions of the said Act: Provided also, that all such Sums as by the Provisions of the said Act the Treasurer of the said County of the City of Cork is authorized and required to add, under the Order of the Commissioners for carrying into effect the Purposes of the said Local Act, to his Warrant for levying the Sums presented to be raised by the Grand Jury at each Assizes off the County of the said City, and which are by the said Act directed to be levied in like Manner as the Money so presented, shall, for all the Purposes of this Act, be deemed and taken to be Monies duly presented by the Grand Jury. 6 Parish of sideration of XV. And whereas by an Act passed in the Fifty-first Year Annual Payof the Reign of His Majesty King George the Third, inti- ment by the tuled An Act for altering and enlarging the Powers of an Act of St. Michael, • the Forty-seventh Year of the Reign of His present Majesty, for Limerick, to paving, cleansing, lighting, and watching the Parish of Saint cease in conMichael in the Liberties of the City of Limerick, and adjoining its becoming the said City, and for preventing and removing Nuisances therein, liable to Grand it was enacted, that in consideration of the Parishioners of Jury Cess. 51 G. 3. c. 104. 'Saint Michael's Parish, in the Liberties of the City of Limerick, not contributing to the Support and Maintenance of the Gaol, House of Industry, and Fever Hospital established in the said City, otherwise than by acreable Assessment, the clear yearly Sum of Five hundred Pounds (Irish Currency) should be payable out of the Tax or Cess levied and raised 6 on the Inhabitants of the said Parish of Saint Michael's, and paid to the Person duly authorized to receive the Taxes and Contributions for the Support and Maintenance of the said Gaol, House of Industry, and Fever Hospital: And whereas by the joint Operation of the said recited Acts of Her pre'sent Majesty's Reign and this Act all Houses, Lands, and Tenements within the said Parish will be liable to Grand Jury 'Cess, in common with the other Parts of the said Borough, and it is therefore reasonable that the said Payment shall 'cease;' be it therefore enacted, That so much of the said lastrecited Act as enacts that the said annual Sum of Five hundred pounds shall be paid as aforesaid out of the Tax or Rate imposed on the Inhabitants of the said Parish of Saint Michael's shall be and the same is hereby repealed, without Prejudice, nevertheless, to any Payment heretofore made. able, with In XVI. And whereas by reason of the Difficulties existing Grand Juries in the Applotment of Grand Jury Cess divers Arrears have may present for 'accumulated in some of such Counties of Cities and Counties Arrears payof Towns in Ireland: And whereas by the said Act passed in terest, by Instal'the last Session of Parliament certain Enactments were made ments. for enabling Grand Juries of such Counties of Cities and • Counties Treasurer to insert Sums presented in his Warrant. Warrants for Sums re-presented as Ar. rears to be stayed. Security to Persons willing to advance Money to Treasurer. Counties of Towns to provide for the Levy by Instalments of such Arrears in manner therein specified, but the said • Enactments have been insufficient for such Purpose;' be it therefore enacted, That it shall and may be lawful to and for the Grand Jury of any such County of a City or County of a Town, at the Summer Assizes of the present Year, or at the next Spring Assizes, if they shall so think fit, to present to be raised off such County of a City or County of a Town the Whole or such Portion of such Arrears as may be necessary for the Payment of Contractors and other Persons, or to represent any Sums heretofore presented, but remaining uncollected, as they shall think fit, to be raised by so many halfyearly Instalments, not exceeding Twelve in Number, as they may think expedient, with Interest thereupon at a Rate not exceeding Five Pounds per Centum per Annum, in manner following; (that is to say,) the first of the said Instalments to be so presented, together with One Half Year's Interest on the whole Sum so to be raised by Instalments, and the other Instalments so to be presented with One Half Year's Interest on the Balance of the whole Sum so to be raised then remaining unpaid; the said Instalments and Interest to be levied off such County of a City or County of a Town half-yearly after each successive Assizes, until the whole shall be levied and collected; and the Treasurer of such County of a City or County of a Town shall and he is hereby required, without further Presentment or Authority in that Behalf, to applot and insert in his Warrant or Warrants, to be from Time to Time issued after each Assizes for the levying of public Money off such County of a City or County of a Town, the Amount of the respective Instalments directed to be raised, with Interest as aforesaid, as the same shall be leviable, in addition to the other Monies to be levied after each Assizes. XVII. And be it enacted, That if any Warrant shall have been heretofore issued for raising and levying any Sum or Sums of Money, the Levy whereof by Instalment as aforesaid shall be provided for by Presentment under this Act, it shall not be lawful to make any further Levy under such Warrant; and any Person who shall have paid any Sum of Money under any Levy by virtue of such Warrant shall have Credit for the same in any Levy of Grand Jury Cess to which he may be liable, saving and excepting a Levy under a Presentment of irrecoverable Arrears. XVIII. And be it enacted, That if any Person shall agree with the Treasurer of such County of a City or County of a Town to lend or advance the Amount of the said Instalments of such Arrear, or of any of them, or any Part thereof, for the Use of such County of a City or County of a Town, and shall pay the same into the Bank with which the said Treasurer shall have his public Account as such Treasurer, it shall be lawful for the said Treasurer to give him a Draft upon the said Bank for the Amount of each Instalment which he shall so advance, and which Draft shall be countersigned by the Clerk of of the Crown acting for such County of a City or County of a Town, and shall be made payable to the Payee or his Order, at the Time at which such Instalment ought to be paid over to the said Treasurer; and the Person so advancing the Amount of any such Instalment or Part thereof, or the Person entitled to receive the same, shall be paid by the said Treasurer the Interest to become due thereon, as the same shall be received by such Treasurer, until the Sum so advanced shall be paid off and discharged; and the Sums hereby directed to be raised in respect of the said Arrears shall be paid and applied by the said Treasurer in satisfaction of the several Demands to which the Sums so in arrear ought to have been applied in case the same had been collected under his former Warrants, or had been presented. 6 shall have Pri in Dublin. XIX. And whereas divers Sums of Money have been ad- Debts due to vanced from Time to Time from Her Majesty's Exchequer, the Exchequer by the Direction or Authority of the Commissioners of Her ority over other Majesty's Treasury, or of the Lord Lieutenant or other Claims on Chief Governor or Governors of Ireland, for public Purposes County Rates of the County of the City of Dublin, and the Repayment 'thereof has been unduly delayed by reason of the Preferenec given to local Claims over those of Her Majesty's Exchequer;' be it therefore enacted, That in all Cases where any Presentment has been or shall hereafter be made, by the Grand Jury of the County of the City of Dublin, of any Sum or Sums of Money for the Purpose of repaying any Advance of Money made as aforesaid to such Counties respectively, such Sum so presented or hereafter to be presented shall to all Intents and Purposes whatsoever be a Charge upon all Money, Rates, or Cesses levied or collected for the Purposes of the said County of the City of Dublin, in priority and preference to any other Lien, Claim, Charge, or Demand whatsoever upon the same or any Part thereof; and the Amount of any such Sum, so presented as aforesaid for the Purpose of repaying such Advance as aforesaid, shall be paid by the Treasurer of the said County of the City of Dublin out of such public Money, Rates, and Cesses as shall be by him received (so far as the same shall extend), when and so soon as the same shall come to his Hands, in priority and preference to any other Lien, Charge, Demand, or Claim upon the same whatsoever; and such Treasurer shall pay over the said Amount in such Manner and to such Bank or Person as the Commissioners of Her Majesty's Treasury shall direct: Provided always, that each half-yearly Sum, Instalment, or Proportion of any Sum so presented or to be presented shall have the same Priority and Preference, and shall be paid in the same Manner, as is herein-before directed with respect to the entire of such Amount of Money so presented for the Repayment of Advance. XX. And be it enacted, That if in any Case the Treasurer Penalty on of the County of the City of Dublin for the Time being shall Treasurer with neglect or refuse to pay any Sum or Sums of Money presented due to the for the Repayment of Advances made as aforesaid, or any Exchequer. half holding Monies |