« EelmineJätka »
tor, then the matter shall be referred to the arbitra- at law, and we think that we should defeat that very tion of two indifferent persons, one to be chosen and serviceable object, serviceable alike to the depositor appointed by the Trustee or Manager, and the other and the institution, anless we construe the words, by the party with whom the dispute arose, and in used, as words which import an obligation to refer, case the arbitrators shall not agree, then such mat- and take away the right to sue in the superior ter shall be referred in writing to the Barrister-at- courts." We conceive the intentions of the Legislaw to be appointed by the said Commissioners as lature, as declared by the learned judge, are not aforesaid, who shall receive a fee of not more than carried out, in the absence of a summary mode of one guinea, and whatever award, order, or deter- enforcing the awards. mination shall be made, shall be binding and con- We think the appointment of auditors, given by clusive against all parties, and shall be final to all the third section of the late Act, and their certificate intents and purposes without any appeal.
as to the half-yearly inspection of the depositor's The 14th sec. of the 7th & 8th Vic. c. 83, (Aug. books, required by the fifth section, will be found 1844,) takes away from depositors the power of to insure greater accuracy and correctness in the appointing an arbitrator, and refers the matter in annual returns of the accounts to the Commissioners, dispute directly to the Barrister, whose award is than has yet been attained. Whilst the 46 sec. of final as before; the Barrister under the last section the 9 Geo. 4, c. 92, merely require that the Trustees has also the power of proceeding ex parte on notice should annually cause a general statement to be in writing to the Trustees and Managers. It would prepared, shewing the balance or principal sum due appear from the 8th section, which invests all the to all the depositors collectively; the third sec. of the property in the Trustee or Trustees of such institu- late Act enacts, “That Trustees of every Savings tion for the time being, that the awards of the Bar-Bank shall cause the annual and other statements rister must be against the Trustees as Trustees, and required to be transmitted under the Acts relating that in no case can they be personally liable, except to Savings Banks, to be certified and verified by the when the funds are misapplied. The cases of Crisp auditor or auditors appointed by the said Trustees, v. Bunbury, (8 Bing. 394,) and Ring v. Midenhall in addition to the attestation by Trustees and ManaSavings Bank, (6 Ă. & Elí. 952,) have decided that gers now required by the said Act, and shall also the 45th section took away the jurisdiction of the cause a certificate from the said auditor or auditors courts of law, whilst Cooke v. Courtown, (6 Ir. Eq. as to the result of his or their examination of such Rep. 266) establishes that a suit in Equity cannot be of the depositors books, as may have been produced maintained by a depositor against the Trustees, on to him or them for examination, to be transmitted the ground that arbitration as directed by the sta- with the said annual statement to the said Commistute is the only mode of proceeding in case of dis- sioners." putes between the depositors and the Bank; the late This last sec. must be taken along with the 5th Act makes no alteration in the manner of proceed which enacts, “That the rules of the Savings Banks ing by depositors. In the case of Cooke v. Lord in Ireland shall specify a number of days, not less Courtown, the Bank had closed without paying the than two, in every year, ending the 20th of Nov., on depositors, and it certainly appears very question which the book of each depositor shall be produced able whether the jurisdiction of a court of Equity at the office of the said Savings Bank, for the purwas removed by the 45th sec. of 9 Geo. 4, c. 9. It pose of being inspected, examined and verified with appeared a very reasonable construction, that the the books of the institution by the auditor or audiarbitration clause only applied to cases where the tors, and in case the said book shall not be produced institution was existing, and the dispute arose be. on or before the last of the days mentioned in any tween the Trustees and an individual depositor, and one year ending as aforesaid, the said account shall not to cases where the Bank 'closed, and there was be closed, and all interest shall cease to accrue on a complicated account to be taken. The question the sums deposited from the Saturday of the year was raised on demurrer, and the case was never in which the said books should have been so procarried farther. It seems at variance with the spirit duced, in the case of any depositor who shall have of our constitution that questions of such magnitude received notice to produce his said book, and of any should be left to the adjudication of one individual, depositor in a Savings Bank, the rules of which profrom whom there is no appeal, and there is an ob- vide for the production of deposit book once in each vious defect springing from the arbitration system, year. Provided, nevertheless, that the Trustees or that the acts do not give a summary mode of recover- Managers shall have the power to re-open the said ing the awards when decreed by the Barrister. account, but only to allow interest thereon from the
Before the depositor can be in any way benefitted time when the same shall be re-opened, unless the by the award he must bring an action into the-supe- Trustees shall be satisfied that such depositor has rior courts to recover the amount, and thus be har. been prevented by some sufficient cause from prorassed with the delay and expense, from which it ducing the deposit book at the time so specified, and was the object of the Legislature to free him. Chief an extract of this provision shall be enrolled as one Justice Tindal, in his judgment in Crisp v. Bun- of the rules of every Savings Bank." bury, after deciding that the remedy by action was If these provisions, which are entirely new, be taken away, and that by arbitration substituted, faithfully carried out by the auditor or auditors, coproceeds, “ It is evident, I hope, that the Legisla operating with the Trustees or Managers, it will be ture contemplated the cheap, simple, easy and equi- impossible for any deficiency in the funds to arise of table adjustment of all disputes by a reference in the more than one year's growth, without the knowledge mode pointed out in the Act, instead of the more of the Commissioners of the National Debt, who expensive, dilatory, and uncertain remedy by action I have power, under the 7th sec. to close the account,
and to discontinue any further account with the stance for a sale; an incumbrancer cannot contract Trustees. A power, similar to that contained in the except under the direction of the Court. last-mentioned section, is given to the Commission- The proceedings are to be by petition. This ers under the 46th sec. of the 9th Geo. 4, c. 92, but is a very important change in the practice of courts though from recent investigations into the affairs of of Equity, bills, answers, replications, proofs, first the Savings Banks, the deficiency in the funds have hearing and decree to account, are all swept away, been found annually to have increased, they did not and we are free to confess that in ordinary cases think it necessary to exercise this power. We be- where no discovery on oath is required, the change lieve, however, that the appointment of auditors is a salutary one, the proceeding by petition will will guarantee to the Commissioners an accurate be more inexpensive and more rapid; we by no annual statement of accounts for the future, and so means undervalue the advantage of obtaining an enable them to form a correct judgment as to the admission on oath, nor the power which a plaintiff affairs of the Banks. The expense attending the possesses of " laying naked the heart of the defenappointment of these officers need not be conside- dant," but in all friendly suits and the numerous rable, as the Trustees have the power of agreeing short causes which are set down term after term, with the Trustees of any other Savings Bank, as to may be cited as instances_every step preliminary the appointment of a common auditor. In point of to going to the Master's office was a useless expense. fact, one or two individuals could perform all the We are aware in making this statement, that in duties required by the Act of Parliament, while the cases where cause is shewn against making an order advantage to the depositors of having responsible of reference on the petition, it will be inconvenient officers to examine into the affairs of the Banks, to try the question on affidavits, but the exceptional would go far to restore, in the minds of the indus- cases will not counterbalance the benefit generally trious classes, depositing their savings in these insti- conferred on the suitor. The seventh section directs tutions, that confidence which has been so much that the petition shall set forth the interest of the shaken by the recent stoppages.
petitioner, and the uses, limitations, and trusts to
which the land stands limited, and the incumbranThe Act to facilitate the sale of Incumbered Estates ces affecting it, and shall be verified as the Court
shall direct. in Ireland, with an Introduction, Cornmentary, We know not whether the new General Orders
Forms, and Index, by Hamilton Smythe, Esq. will direct, that the affidavit to verify the petition The Act to facilitate the sale of Incumbered Estates should state that the uses and trusts, incumbranin Ireland,
with a copious Index, Second Edi- ces and charges set forth in the petition are the only tion, with Forms, by William Macartney M Cay, ones affecting the lands, but we think it desirable Solicitor.
this should be so, because thus, before any step is We agree with Mr. Smythe that no Act of Parlia- taken, due examination of the title will have been ment since the 3 & 4 Vic. c. 105, has been passed made, and an accurate knowledge acquired of the of such importance to Ireland as the Act for the sale state of the property, and on both these points the of incumbered estates; within three weeks after it Court will have perfect information, and random became law, Mr. M'Cay had published his work, litigation will be checked. It would prevent the which has already seen a second edition, and which springing up of a practice similar to that of putting contains a careful analysis of the measure, and a an imperfect bill on the file, requiring extensive good index, Mr. Smythe has successfully followed amendments afterwards. Two courses could have the plan which he adopted in his former publication been adopted-either a short statement of the on Mr. Pigott's act, and in his introduction has given petitioner's estate, or of the incumbrance, as the a succinct epitome of the late statute. We gladly avail case may be,--and of the lands desired to be ourselves of the assistance of a member of each pro- sold; or a complete one, setting out every limifession in considering this very important measure, tation and incumbrance; the former would not which cannot yet be said to be fairly in operation, satisfy the requisitions of the statute, and the the Chancellor and Master of the Rolls not having latter will probably be found the most econoas yet published their General Orders " for better mical in the end; one of the objects for which the carrying the Act into effect." It cannot be doubted Chancellor and Master of the Rolls are empowered that facilities for the transfer of incumbered estates to make General Orders being in order that the prowere desirable, and their necessity was precipitated ceedings “may be done," (the language is that of by the recent famine, and the consequent pressure the statute, not ours,) “ with the least cost." These of an ill-adjusted Poor Law, which cast the burden Orders are to be laid before the Houses of Parliaof supporting poverty upon the embarrassed land- ment within a specified period, but from the tiine of lord, whilst the incumbrancer was exempt from con- their being made are for all purposes to be deemed tribution to the ruinous taxation, which weighed so a General Rule and Order of the Court; by this unequally upon his debtor.
means their operation will not be suspended until From various causes springing from the distress the next Session, nor does there appear to be any of the country, land in abundance will be thrown necessity for laying them before Parliament at all, into the market. Let us examine the process by the only reason for doing so would be, that they which it will be brought to the judicial hammer. would thus become incorporated with the Act, and
Ist by sale under the order of the Court. The incapable of variation, which would be a disadvanowner of an incumbered estate may contract out of tage, and not designed in this case, as by the next Court
, and apply afterwards for its approval of the section there is a power given to rescind, or alter contract, or may apply to the Court in the first in- Ithem. Great additional labour will be thrown ou the Chancellor in reading petitions, but we do be- will bring the estate into market, without any imlieve that to prevent the same ground from being perative necessity for the original deeds. travelled over again in the Master's office, the peti- The section was prepared in England, where the tion should be full and accurately prepared from law of lien is of much more importance than in negative searches verified by affidavit; with that peti- this country. Here it has been decided, that the tion, fiat, searches, and affidavit, the Master could lien of a solicitor, cannot prevail against an incumat once proceed to take the accounts, and direct brance created prior to the costs, being incurred, service to be made on every person interested, as for which the lien is claimed Smith v. Chichester, stated in the petition ; without these he will be at (2 Dru. and War. 393), and it would appear that sea, and the charge—or statement of his case in the where the production is once enforced, the benefit Master's office of the petitioner will be, in point of a solicitor's lien is lost, even against incumbranof fact, a bill transferred to a worse tribunal, where ces, subsequent to the lien, Blunden v. Desart (2 slovenliness of statement, and inaccuracy of plead. Dru. and War. 405). ing may flourish unchecked.
We had hoped in this article to have conducted We assume that the order of reference has been the petitioner safely through the Master's Office, made, and the petitioner fairly launched in the Mas- but the progress both to the suitor and writer is ter's office, and we believe that the Legislature gave slower than we did, or the former may anticipate; themselves a great deal of unnecessary trouble in we must reserve further discussion to a future preparing the 10th section. It endeavours to set out number. in detail the various particulars which an order of reference may direct. This was unnecessary, and would have been better done by a few general words.
Court Papers. Having disposed of the reference, it proceeds to confer powers upon Master and Court, and contains the following provision, to which Mr. Smythe has called
EQUITY SITTING.-MICHAELMAS TERM. our attention: “ And for any of the purposes of this Act the said Court shall have power to compel the
Chancery. production before the Master of all deeds and other
NovembER 918.–The following gentlemen were this writings relating to any property in question, pro-day admitted to the degree of Barrister ;-Mathew O'Reilly vided always that no incumbrancer or other person Dease, William Allen Walsh, James Christopher Kenny, being in possession of any title deeds or writings, of John William Ellison, George Casement, Patrick Joseph or relating to any property, (and showing right to Murray, Samuel Powell Purser, Edward Sullivan, Augushold the same, as a security for a debt or charge,) Henry Dowling, Maziere John Brady, Francis Fitz-Richard
tus Fitzgerald Whitestone, Edward Parkyns Levinge, John or lien shall be compellable to produce the same, Orpen, Richard John Eaton, Robert William Shekleton, unless or until it shall have been ascertained by the Henry Fitzgibbon, Charles Macnamara. report of the Master, that the money to be produced by the sale of the property, and applicable to the payment of such debt or charge will be sufficient to Newton v. Brennan, P.P. Bennett v. Bernard, Re-H.P. pay the same, but such incumbrancer or other per. Hamilton v. West, P.P.
Beirne v. Cooney, Ap.R.O.
Bennett v. Sargent, do. son shall, on the order of the Court, furnish copies Murray v. Richardson, R Ex. Segerson v. O'Sullivan, P.P. or extracts of any such deeds or writings.”
Smithwick v. Smithwick,P.P. We s' ould be glad to have a key to the meaning Woodroffe v. Hamilton R.Ex. order pro Con. of the Legislature; the foregoing extract is, to our
Seaver v. Fivey, P.P. comprehension, so obscure as to be unintelligible. O'Brien v. Villiers, B.A.P.P Seaver v. Fivey, P.P. for Assuming that the words “ or lien” should be in.
order pro Con.
Dis. cluded in the parenthesis, we venture to ask, how Doyle v Callow, P.P.
Kent v. Hackett, R. Ex.M. Vaughan v. Magill, Ap.R.O.
Delap v. Hall, and other cau the Master, in those cases, where there has been Freel v. Trant, R.M.
causes P.P. no contract for sale, ascertain whether the money to Ward v. Rogers, P.P. order Aylward v. Aylward, P.P. be produced by a sale will be sufficient to pay the
Ellis v. Ellis, P.P. possessor of the title deeds? it can only be a matter
Colvan v. Gregg, P.P M'Carthy v. M.Carthy H.L. of speculation, and even supposing that he could, is
White v. Villiers, R M.
Molony v. O'Brien, P.P. there to be a separate report as to that fact by the Hamilton v. Hamilton, P.P.
Sugrue v. Molloy, P. P.B.A.
order pro Con. Master before the production of title deeds can be B.A. order pro Con. Hedges v. O'Sulivan, P.P.B. compelled ? and it is observable that it could not be Williams v. Armstrong, R.M
A. pro Con. even approximately ascertained until all the incum- Jessop v. Clarke, P.P. Hunter v. Earl of Limerick, brances were proved, and their priorities known, so
Bunton v. Lowney, P.P.R.M. P.P. order pro Con. that for no practical purpose could the deeds be ob- M'Alpine v. St. George, P.P King v. Daly, P.P.
under order Ex. B.A Guinness v. Darley, P.P. tained, except to hand over to the purchaser. Neither Coote v. Whaley, P.P. Cooney v. Holland, P.P. does this unfortunate section confer on the holder of Hogg v. Garrett, R.Ex.M. Casement v. Taggart, P.P. the deeds, the benefit it was intended, for the Court Purcell v. Ruckley, R. Ex.M. order pro Con. has the power to compel the incumbrancer to fur- Killikelly v. Dillon, P.P. for Stewart v. Marquis of Donenish copies or abstracts, and if he be thus obliged O'Dowda v. O'Dowda, R.M. Roe v. Scott, P.P.
gal R. Ex.M. to disclose his title-deeds, their value becomes a negative quantity, the petitioner obtains all the in
Carroll v. Hackett, P.P. or-Connell v. O'Donnell, P.P. der pro Con.
Callaghan v. Blake, P.P. or. formation he requires, and a condition of sale that Stokes v. Bateman, R.M. der pro Con. the purchaser shall only require compared copies, Harrison v. Mason, P.P. Dudgeon v. O'Connell, P.P
LIST OF CAUSES.
Potts e. Turnley R. Jud. C. Ross v. O'Ferrall, P.P. ment, specified in any such certificate and schedule, the
sum, or such omitted part, or such instalment, in his war. De Montmorency v. Crosbie, Thunder v. Chambers, P.P. rant for raising the monies presented at the same assizes, as if B.A order pro Con. order pro Con.
same had been presented by such grand jury to be raised off Jones v. Bateman, R.M.B. A. Bell v. Ahearne, P.P. such barony or half barony, and the sum or instalment shall Same v. Same, do.
Beresford v. Beresford, P.P. be raised accordingly, and in the case of sums to be so raised Earl of Limerick v. Hunter, Downes v. Rochford, P.P. by instalments such treasurer shall in like manner, and P.P.
Warren v. Stubber, P.P. without further presentment or authority insert a like instal. Tredennick v. Fearon, P.P. Kirwan v. Woodhouse, R.M. ment or sum in his warrant for raising the sums presented order pro Con. Darley v. Guinness, P.P. at each succeeding assizes, until the whole sum payable for
each such work shall, with interest, be levied as aforesaid, and the same shall be levied accordingly; and the provisions
of the 6 & 7 W. 4. c. 116, with reference to the raising, (Continued from page 6.)
applotinent, collection, levy, or recovery of grand jury cess, sions, it shall and may be lawful for the said sessions, to and the payment of the same by the treasurer, shall, apply give such work to the county surveyor, with power to to all such sums of money so inserted in such warrant. expend a sum not exceeding the maximum so approved as 12. That the treasurer of any county in which present. aforesaid; who shall cause such work to be executed, and ment shall have been made for the completion of any work account for the execution thereof to the grand jury at the under this act, and approved by the Lord Lieutenant may following assizes.
borrow, upon security of the presentment, any sum not 9. That such security so to be entered into by contractors exceeding the amount approved for the purpose of completand their sureties shall be a recognizance to Her Majesty, ing any such work, with such interest thereon as shall be her heirs and successors, and of like force, as other recog. stated in the presentment; and if any person shall agree nizance made to the Queen's Majesty, and at such adjourned with the treasurer to advance the amount of such presentsessions any justice present is authorized to take such re- ment, or of any instalment thereof, and shall pay the same cognizance, and the secretary of the grand jury shall prepare into the bank with which the said treasurer has his public and come provided with same, so as to prevent delay; and account, to the credit of the said account, the said treasuthe expense of preparing same, not exceeding sixpence, rer may give a draft upon the said bank for the amount so shall be defrayed by the party entering thereinto; and such advanced and which draft shall be countersigned by the clerk recognizances shall be preserved in custody of such secre- of the crown of the county, and shall be made payable to tary until the condition thereof shall have been fulfilled, and the payee or his order, with interest as aforesaid, at the shall then be delivered up to the contractor therein named, assizes at which the said presentment ought to be paid under or to any person by him duly authorized.
this act; and any sum advanced as aforesaid shall be applied 10. That the secretary of the grand jury shall have charge by the said treasurer in like manner as the said presentment of all contracts, and shall provide a book in which he shall or instalment is directed to be applied under this act. insert an abstract of all such contracts, setting out the 1. 13. That in cases where the cost of executing any work names of the contractors, and the particulars of each con. shall exceed twenty pounds the justices or justice and cess. tract, and all contracts so entered shall be numbered, and payers, at any such sessions, may authorize the treasurer every book shall have an alphabetical index referring to the of the county, out of any funds under his control, to advance number of each contract ; and such secretary shall, as soon to the contractor or county surveyor to whom such work as may be, prepare schedules of all reports and certificates shall be given in charge and presented under this act, upon for works so contracted for, approved of, and presented, his application, any sum not exceeding three fourths of the and cause the same to be printed and distributed in the man- costs of such work : provided that no such advances shall ner he is by the 8 & 7 W. 4, c. 116, required to do with be made unless such application shall be accompanied by a respect to applications approved of at Presentment Sessions, certificate signed by the county surveyor, that more than and shall immediately deliver all such reports of works to the sum applied for has been honestly expended upon the the clerk of the crown for the county to which the same shall work. relate, who shall preserve the same, and within seven days 14. That any person who may have contracted for the deliver to the treasurer of such county, without fee or rc- execution of any work under this act may, on the compleward, a copy thereof, attested upon oath, and signed by tion of the work if within 1848, give notice thereof by post, himself; and such treasurer shall return the same to the addressed to the county surveyor at his office, who shall, foreman of the grand jury, when they shall be first empan- by himself or his assistants, within fifteen days from the Delled at the ensuing Spring Assizes; and all the powers, au- receipt of such notice, examine the work so completed, and thorities, or provisions given in the said last-mentioned act in case he shall be fully satisfied of the execution of such in relation to works, or the execution of the same, and the work, shall grant his certificate of approval to such conlevying the expense of the same, shall, as far as not incon- tractor, which shall set forth the amount to be paid, and sistent with this act, be applied to the works under this act, description and number of the contract on account of which and the several forms in the schedule to the said last-men-payment is to be made. tioned act shall be applied, or altered, as occasion may re- 15. That the treasurer of such county, upon the producquire, in the several proceedings under this act.
tion of such certificate, shall give to the person entitled to 11. That the secretary of the grand jury for each county such payment a draft for the amount which draft shall conupon receiving the certificate of approval of the Lord Lieu- tain a specification of the purposes for which the same shall tenant of ang public works presented for under this act, have been drawn, and of the person to whom payable, and shall lay before the grand jury, at the next assizes or pre- when so signed shall be the authority for the bankers in senting term, such certificate with a schedule under his whose bank the county funds may be deposited to pay the band, attested upon oath, of the presentments for the works amount thereof, any thing in the i & 2 Vict. c. 53, intituled 50 approved, by the Lord Lieutenant, and contracted for an act to amend an act of the last session of parliament, for or given in charge to the surveyor, and also specifying the providing more effectual means to account for public monies, sams under this act to be raised for such works within
such and to secure the same to the contrary notwithstanding, and barony or half barony and the dumber and amount of instal- such draft shall be as valid as any draft for the payment of ments, in which such sum is to be raised, with interest as money given under the said last-mentioned act; provided aforesaid; and every such grand jury, are hereby required, that after the expiration of 1848 the contractors shall make to present the sum or instalments, mentioned in such cer- application for and receive payment subject to the provisions tificate of approval and schedule in the manner therein of the acts relating to the presentment of public monies by approved, to be raised off the baronies or half baronies, grand juries in Ireland. within which such works shall be situate: provided that if 16. And whereas it may be expedient to complete pub. the grand jury shall fail to present the sum, or the instal- lic works in certain baronies and half baronies iu Ireland
commenced under the said first-recited act, and which monies presented for the execution of such works, and bor. remain unfinished, although the amount authorised to be rowing money on the security of such presentment, and • applied to the execution of such works by the commis- making advances to contractors in respect of the same, and
sioners of Her Majesty's treasury under the said act shall otherwise relating to such monies or such works, shall ei. • have been expended, or shall not be sufficient to complete tend, as far as the same are applicable, to all works approved *such work;' the secretary of the grand jury of any county of wholly or in part at any such special presentment sessions in Ireland in any barony or half barony of which a special | held under this act. presentment sessions shall have been held under this act, is 19. “And whereas by 1 Vic c. 54, it was enacted, that hereby required, by notice to be posted at the usual places • every treasurer then in office, shall have and receive the of posting public notices, to convene a special sessions for interest due on exchequer bills purchased from any balanci the county, to be holden in the county court house, for the standing to the credit of such treasurer's account, so purposes of this act, at the time specified in such notice, * that such interest does not exceed one half of the sal. not being sooner than seven days from the posting such ary appertaining to his office; and whereas it is just that notice nor later than six weeks, after the first special pre- such treasurer, and that the bank which the grand jury sentment sessions shall have been held for any barony or shall have appointed for receiving the public monies of half barony within such county under this act.
' such county should be allowed interest on sums paid or 17. That every Justice for such county, not being a sti. ' advanced by such treasurer or bank under this act ;' be it, pendiary magistrate, may attend and are hereby required &c. that the officer whom the Lord Lieutenant has authorized to assemble, and with the cess-payers associated, as herein. or may hereafter authorize to audit and declare the accounts after appointed, to hold such special sessions for the pur- of the treasurers of counties in Ireland under the last-menposes of this act, at the said county court house, at the time tioned act may and he is hereby required on being applied specified in the said notice ; and the secretary of the grand to by any treasurer entitled to receive interest under this jury shall attend; and the said justices and cess-payers pre- said act, or if any bank having made any advance above the sent shall constitute a special sessions for the purposes of balance at the credit of such county, to ascertain the this act; and the several provisions contained in the said act amount of interest at the rate of five per cent. which of the 6 & 7 W.4, c. 116 relating to the selection of a chair- would be due to such treasurer or bank on the amount so man, and the powers, duties and authorities of such chair-advanced under Act, remaining unpaid, from the time which man and of justices and cess-payers at county presentment such money shall have been paid by the treasurer of such sessions, and relating to adjourned sessions for opening county or such bank until the same shall have been distenders and the making of contracts thereat, and relating charged, or until the first day of the assizes next succeed. to the declarations by the justices and cess-payers who shall ing such application, and to certify the same to the secre. act at any county presentment session, and also relating to tary of the grand jury, and it shall be lawful for any grand the powers, duties, and authorities the secretaries of jury and they are hereby required to present the said grand juries, county surveyors, clerks of the crown, clerks treasurer or bank such interest so due, which interest shall of the peace, and all other officers shall, as amended by be paid to such treasurer or bank out of any balance in 7 W. 4 & 1 Vict. c. 2, as far as the same are applicable, or hand, and shall be raised and levied off the barony or half necessary for carrying out this act, and not inconsistent barony liable to pay such sums. with such provisions, extend to all proceedings at the spe- 20. And be it enacted, that the word "county" shall in. cial sessions to be held under this act, as if the same were clude county of a city or county of a town; and that all the herein repeated and enacted, unless where other provisions provisions of this act may extend and be applied to any are hereby substituted; provided that in any declaration by county of a city or county of a town in Ireland. any such justice or cess-payer the title of this act shall be 21. And be it enacted, that the word "treasurer" shall, inserted together with the title of 6 & 7 W.4 c. 116.
as to the county of Dublin, mean and include the “ finance 18. That the justices and cess payers associated at each Committee," and the word “ assizes" shall, as to the said special presentment sessions for any barony or half barony county of Dublin, mean and include the “presenting term," under this act shall select one of the said cess-payers for and the word “ county surveyor" shall, as to the said every barony or half barony to be associated with the jus-county of Dublin, mean and include the “
“ district survey tices of the county as a member of the said special sessions, or;" and that an act passed in the 7 & 8 Vict.c. 106, shall, and the secretary of the grand jury shall make out a list of with reference to the raising applotting, levying, or recothe persons so chosen at such special sessions and shall vering of grand jury cess, and to the powers for the execuforth with notify the same, and the day appointed for such tion of works, apply, as to the said county of Dublin, to special sessions, to them, and shall read out the list previ- sums of money to be presented, and the works to be exeous to the appointment of the chairman for the said sessions; cuted under this act. and the secretary of the grand jury shall place before such 22. And be it enacted, that this act may be amended or sessions the reports made by the county surveyor to the repealed by any act to be passed in this present session of special sessions held for any barony or half barony, or bar. parliament. onies or half baronies, within the county, as the same shall
CAP. II. have been endorsed by the chairman thereof under this act;
1. Provisions of this Act to apply to any Part of Ireand the justices and cess-payers associated in the said spe
land specified in Proclamation issued by Lord cial sessions shall take such reports into consideration as
Lieutenant, &c. and published in the Dublin far as the same shall relate to works in respect of which no
Gazette. Power to Lord Lieutenant, gc. to reresidue shall remain unexpended of the amount authorized
voke any Proclamation as to the whole or Part by Her Majesty's treasury to be applied to the execution of
of the District named. the same, under the said first-recited act, or in respect of
2. Copies of Proclamations and of abstract of this Act which the residue shall not be sufficient to complete such
to be posted in proclaimed Districts. works, and shall decide with a majority of voices, on the
3. Power to Lord Lieutenant to increase the Consta. merits of each of such works, and whether the same ought
bulary Force in proclaimed Districts, and to with to be completed, and whether wholly or in part, or condi
draw them from Time to Time. tionally in the event of the expense thereof not exceeding
4. Provisions of 687 W.4. c. 13 , 8c. to apply to the a certain sum, and what modification thereof, may be pro
Constables appointed under this Act. per and in case of their approval of the completion of any
5. Power to Lord Lieutenant, &c., further to increase modification thereof, shall give directions rspecting the
the Reserve Constabulary Force. forms of tender for the same; and all the powers, authori.
6. Expenses of Constables absent on Duty from their ties, or provisions given or contained in this act in relation
Residences under the Authority of this Act to be to works approved of wholly or in part at special sessions
advanced out of the Consolidated Fund under Re. held for any barony or half barony, and the execution of the
gulations of the Treasury. same and the approval of the same by the Lord Lieutenant,
7. Such advances to be repaid by the district in such and in relation to presenting monies or raising or levying
proportions as the Lord Lieutenant shall direct.