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of sufficient breadth, so that there was full and ample room for the party to pass, he was of opinion he was bound to take that course which would carry him clear of the person who was on his wrong side, and that if any injury happened, by running against such person, he would be answerable."

The case of Lynch v. Durdin, (4 Perry & Davison, 672), is also a strong authority to shew that it does not necessarily constitute a defence, to es

the liability of the defendants for the loss occasioned by the breach of duty on the part of their servant, has been established, unless it can be successfully contended that the plaintiff has disentitled himself to recover, by reason of his servants having improperly had his boat in the centre of the canal, without light or horn, and so contributed to the consequence which has resulted from the collision. It is to be observed that the injury is not the result of any act of the plaintiff or his servants im-tablish that the plaintiff by his own improvidence mediately producing it, but, on the contrary, the act of the servant of the defendants has directly occasioned the collision. And this is important to notice, because I think that it will be found, on examining the decisions on the subject, that the onus is cast on the party by whose act the loss directly happens, to establish satisfactorily that the damage so occasioned by his act, could not, by the exercise of ordinary care and prudence on his part, have been prevented. In this case, I think, the onus of proof lay on the defendants, as in the case Cotteril v. Starkey, (8 Car. & P. 691); and I do not find that there is any of the servants of the Company, who were present at the time of the collision, who has ventured to depose on his oath that the collision would not have been avoided, if the captain's order had been obeyed. All, but the captain, admit, that in their opinion it would, in that case, have been avoided-the captain will not say it would not; and unless possibility is to be substituted for moral certainty, I do not see how I can decide against the claim of the plaintiff.

Upon a careful examination of the cases on this subject, it appears to me, that if from default, or want of proper care or caution, on the part of the injured party, he has substantially contributed to the immediate and proximate cause of the injury, he must be taken to be the author of his own wrong, which he shall not be allowed to apportion for his own benefit and advantage; but if his negligence or default has merely facilitated the infliction of the injury, without directly contributing to the immediate cause of it, I think it is no bar to compensation for a loss occasioned by the want of due and proper care on the part of the defendant, and which loss, in reference to its immediate and proximate cause, is to be considered as the wrong of the defendant, and not of the plaintiff. But in this latter case, the negligence or default of the injured party may perhaps be an element in considering the damages which the plaintiff may be entitled to

recover.

It is not, at first sight, easy to reconcile the opinions and dicta to be found in the cases which have been cited. The case of Flower v. Adam, (2 Taunton, 314), is an authority to shew that the immediate and proximate cause of the injury is what is to be considered in fixing liability, and this case furnishes an explanation which reconciles most of the decisions on the subject. That a person sustaining injury, when on the wrong side of the road, has a right of action, is fully established by Clay v. Wood, (5 Espinasse, 44), where Lord Ellenborough held "that the circumstance of the person being on the wrong side of the road, was not sufficient to discharge the defendant; for though a person might be on his wrong side of the road, if the road was

or misconduct, has, to some extent, occasioned the loss of which he complains. The rule appears correctly stated by Lord Abinger, in the case of Davies v. Mann, (10 Meeson & Welsby, 548), in which a plaintiff recovered damages for an injury done to a donkey, which he had improperly left fettered on a public road, but which was run over by the defendant, from want of proper care on his part, in going along the road with a waggon. These authorities establish that it is material, first to consider the act which immediately causes the injury. If that act is the result of the defendant's want of caution, and to be attributed to his default, he is liable; but if the party injured has, by any default on his part, at the time, made himself a participator in the very act which directly causes the injury, he cannot recover; such participation, however, is distinct from, and not to be confounded with mere culpable neglect or impropriety, in being in a position which may expose the party to injury, and which may conduce to the loss he suffers, though it does not directly occasion that loss, or justify the act of the defendant, by which it is occasioned, to the extent of affording him a complete defence.

This view of the law is fully sustained by considering how the defence would be available in an action of trespass. Where a defendant pleads specially to justify the trespass, as occasioned by inevitable accident, he must shew himself to be wholly free from blame, Com. Dig. Battery A. (2 vol. Ham. Ed. 272); Wakeman v. Robinson, (8 B. Moore, 63.) But if the defence be founded on the alleged wrongful conduct of the plaintiff, I apprehend such can only be available where it has rendered the trespass unavoidable, by due and reasonable precaution on the part of the defendant, or has formed such an integral part of the injurious act, as to make it impracticable to ascribe the damage which has resulted, to the conduct of the one party more than to that of the other. The plaintiff, in such a case, as Baron Parke observes, is the author of his own wrong-at least he cannot say with certainty that he is not, but another is ; and such I hold to be the true result of the several decided cases, when considered with reference to those fixed principles which are never to be merged in casual dicta arising out of peculiar facts.

Some Nisi Prius cases have been referred to, which I do not feel it incumbent to notice in detail, nor do I conceive that in any one of them, when considered in reference to its material facts, would there be found a real conflict with the conclusion at which I have arrived.

That conclusion is the result of a careful consideration of the evidence given, and a strict analysis of the decided cases, bearing on the question of liability; and although I feel a real distrust of my

own opinion, when I find it opposed to the conclu. sion at which Mr. Fitzgibbon and Mr. Sproule have arrived, I am not the less bound to state that opinion explicitly.

I have signed the award, considering myself formally bound to act on the opinion of the majority; but the above reasons satisfied my own mind that the plaintiff had a right to recover.

N.B. The difference between the arbitrators, was on the inference to be deduced from the evidence-namely, whether obedience to the order of the captain would have saved the collision. Mr. Sproule agreed with the view of the law which I took, but differed on the question of fact.

The case was argued before us by Mr. Henn and Mr. F. Fitzgerald.

Court Papers.

Queen's Bench.

10th November, 1848.-It is ordered that from and after this day, no order be given for liberty to lodge money in court to the credit of the cause, after plea pleaded, without the special order of the Court, or a Judge, upon application for that purpose.

(Continued from page 24.)
CAP. VII.

An Act to amend an act for consolidating the Queen's Bench, Fleet, and Marshalsea prison, and for regulating the Queen's prison. [28th March, 1848.]

CAP. VIII.

An Act to continue for Three Years the Duties on Profits arising from Property, Professions, Trades and Offices. [13th April, 1848.]

CAP. IX.

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9. Felonies under this Act in Scotland not bailable, Trial except as provided by 5 & 6 W. 4, c. 73.

to take place in Terms of Act of Scottish Parlia ment of 1701.

10. No Costs allowed in Prosecutions under this Act. 11. Act may be amended, &c.

'Whereas by an act passed in the 36 G. 3,c. 7. an Act for 'the safety and preservation of his Majesty's person and government against treasonable and seditious practices, it was enacted, that if any person, after the passing of that act, during the life of his said Majesty, and until the end ' of the next session of parliament after the demise of the crown, should, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of his said Majesty, or to deprive or 'depose him from the style, honour, or kingly name of the imperial crown of this realm or of any other of his said Majesty's dominions or countries, or to levy war against his said Majesty, within this realm, in order, by force or constraint, to compel him or them to change his measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe either house of parliament, or to move or stir any foreigner or stranger with force to invade this realm or any other of his said Majesty's dominions and 'such compassings, imaginations, inventions, devices, or intentions, or any of them, should express, utter, or declare, by publishing any printing or writing, or by any overt act 'or deed being convicted upon the oaths of two lawful and 'credible witnesses, upon trial, or otherwise convicted or ' attainted by due course of law, then every such person or persons so offending should be deemed, and declared to be

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a traitor and suffer death, and forfeit as in high treason: and whereas by and act of parliament passed in the 57 G. 3 c. 6, all the before recited provisions of the said act which relate to the heirs and successors of his said Majesty, were 'made perpetual: and whereas it is doubtful whether the last-recited act extended to Ireland: and it is expedient to repeal all the provisions made perpetual by the last act as do not relate to offences against the person of the Sovereign, and to enact other provisions instead applicable to all parts of the united kingdom, and to extend to Ireland such of the provisions of the said acts as are not hereby repealed;' be it enacted by the Queen, &c. by and with the advice, &c. that from the passing of this act, the 36 G. 3, é. 7, made perpetual by the 57 G. 3, c. 6, and all the provisions of the last act save such of the same respectively as relate to the compassing, imagining, inventing, devising, or intend[13th April, 1848.]ing death or destruction, or any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint of the person of the heirs and successors of his said Majesty king George the third, and the expressing, uttering, or declaring of such compassings, imaginations, inventions, devices, or intentions, or any of them, are hereby repealed.

An Act to continue for Three Years the Stamp Duties granted by an Act of the Fifth and Sixth Years of Her present Majesty, to assimilate the Stamp Duties in Great Britain and Ireland, and to make regulations for collecting and managing the same.

CAP. X.

CAP. XI.

CAP. XII.

An Act for empowering certain Officers of the High Court of Chancery to administer Oaths and take Declarations and Affirmations. [13th April, 1848.] An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters. [22d April, 1848.] An act for the better security of the crown and government of the united kingdom. [22d April, 1848.] Sec. 1. After passing of this act, provisions of 36 Geo. 3, c. 7, and 57 Geo. 3, c. 6, repealed, except as to offences against the person of the Sovereign. 2. So much of 36 Geo. 3, c. 7, made perpetual by 57 Geo. 3, c. 6, as is not repealed, extended to Ireland.

3. Offences declared felonies by this Act to be punishable by Transportation or Imprisonment.

4. Time within which prosecution shall be commenced, Warrant issued, &c.

5. In Indictments more than one overt act may be charged.

6. Nothing herein to affect provisions of 25 Ed. 3, c. 2. 7. Indictments for Felony under this Act valid, though the Facts may amount to Treason.

8. As to the punishment of Accessaries before and after the Fact.

2. That such of the said provisions made perpetual by the 57 G. 3, c. 6, as are not hereby repealed shall extend to and be in force in that part of the united kingdom called Ireland.

3. That if any person shall, within the united kingdom or without, compass, imagine, invent, devise, or intend to

deprive or depose our most gracious lady the Queen, from the style, honour, or royal name of the imperial crown of the united kingdom, or of any of her Majesty's dominions or to levy war against her Majesty, within any part of the united kingdom, in order by force or constraint to compel her to change her measures or counsels, or in order to put any force or constraint upon or in order to intimidate either house of parliament, or to move or stir any foreigner or stranger with force to invade the united kingdom or any other her Majesty's dominions or countries, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare, by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted shall be liable, to be transported for the term of his natural life, or for not less than seven years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

4. That no person shall be prosecuted for any felony in respect of such compassings, imaginations, inventions, devices, or intentions as far as the same are expressed, by speaking only, unless information of such compassings, &c. and of the words by which the same were expressed, uttered, or declared, shall be given upon oath to a justice of the peace, or to any sheriff or steward, or sheriff substitute or steward substitute, in Scotland, within six days after such words shall have been spoken, unless a warrant for the apprehension of the person by whom such words shall have been spoken shall be issued within ten days next after such information shall have been given, and unless such warrant shall be issued within two years next after the passing of this act; and that no person shall be convicted of any such compassings, &c. in so far as the same are expressed, uttered, or declared by open or advised speaking as aforesaid, except upon his own confession, or unless the words so spoken shall be proved by two credible witnesses.

5. That in any indictment for felony under this act, to ́charge against the offender any number of the matters, acts, or deeds by which such compassings, &c. or any of them, shall have been expressed, uttered, or declared.

6. That nothing herein shall lessen the force of or in any manner affect any thing enacted by the 25 Edw. 3. c. 2.

7. That if the facts or matters in an indictment for felony under this act shall amount to treason, such indictment shall not be deemed void, or defective; and if the facts or matters proved on the trial shall amount in law to treason, such person shall not be entitled to be acquitted of such felony; but no person tried for such felony shall be prosecuted for treason upon the same facts.

8. That in every felony under this act, every principal in the second degree and every accessary before the fact shall be punishable in the same manner as the principal in the first degree, and every accessary after the fact shall on conviction be liable to be imprisoned, with or without hard labour, for any term not exceeding two years.

9. Provided, that no person committed in Scotland for any offence under this act shall insist on liberation on bail, unless with consent of the public prosecutor, or by warrant of the high court or circuit court of justiciary, in such manner and to the same effect as is provided by 5 & 6 W. 4. c. 73, An act to provide that persons accused of forgery in Scotland shall not be entitled to bail, but the trial of any person so committed, and whether liberated on bail or not, shall be proceeded with under the like certification and conditions as if intimation to fix a diet for trial had been made to the public prosecutor in terms of the Scotish act of 1701.

10. That it shall not be lawful for any court before which any person shall be prosecuted or tried for any felony under this act to order payment to the prosecutor or the witnesses of any costs which shall be incurred in preferring or prosecuting any such indictment.

11. That this act may be amended, &c. CAP. XIII.

An Act for amending the law for the Leasing of Mines in
Ireland.
[22d April, 1848.]
Sec. 1. So much of the recited Acts as specifies a minimum
Rent upon Leases of Mines, or limits the Term
of such Leases to thirty-one years, repealed; and
Leases of Mines authorized by the said Acts may
be made for forty-one years, so as the best improved
rent that can be reasonably gotten be reserved, &c.
2. Trustees, &c. of any Freehold Estate in Mines may
make Leases for forty-one years upon like terms
as herein-before provided.

3. Leases under recited Act may be surrendered, and
again granted under this act.
4. Act may be amended, &c.

Whereas by an act passed in the 10 G. 1, c. 1, An act *for the further encouragement of finding and working mines * and minerals, in this kingdom, it is that all archbishops and 'bishops, deans, deans and chapters, archdeacons, prebendaries, and other dignitaries ecclesiastical, parsons, rec'tors, vicars, and to and for all bodies politic and corporate, colleges, cathedral or collegiate churches, and hospitals, * and to and for all and every person or persons whatsoever

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'who now are or at any time hereafter shall be tenant or tenants for life, with an immediate remainder to his or her first and every other son in tail male, and also to and ⚫ for every person who now are or at any time hereafter shall 'be tenant in dower or by courtesy, with the consent of 'such person as shall be seised in reversion or remainder of an estate of inheritance in any mines immediately expectant upon the death of such tenant in dower or by the courtesy, ' or in case of nonage, idiotcy, or the lunacy of such person so seised in reversion or remainder, then with and by the consent of the guardian of such minor, or the committee ' of such idiot or lunatic, by and with the approbation of the Lord Chancellor, by indentures under their respective 'hands and seals, may make and grant leases not exceeding the term of thirty-one years, of all mines and minerals which are already or may hereafter be found and discovered 'within their respective manors, glebes, or lands, so as the same be made to commence in possession, without any 'fine, or other consideration than the yearly rent in such 'lease reserved and so as the most improved rent be reserved upon every such lease, and that such reut be not less than one tenth part of the ore to be dug out of such mines, 'without any regard had to the expenses in digging, and laying the same on the bank, and so as such rent shall be reserved and made payable in and by such leases to such lessor or such person as should from time to time during 'the continuance of such lease have been entitled by the laws ' of this kingdom to the benefit of such mines in case this act had not been made: and whereas by 15 G. 2, (I.) An act for explaining and amending an act, intituled an act 'for the further encouragement of finding and working mines and minerals in this kingdom,' the provisions of the said 'act 10 G. 1, were extended to coal mines: and whereas by the 23 G. 2, (I.) An act for amending an act, intituled "an act for the further encouragement of finding and working mines and minerals within this kingdom,' the said act of the 10 G. 1, extended, and the parties therein mentioned are empowered to make leases of coal mines for any term of years not exceeding forty-one in possession, and not in reversion, at any rent not less than two-pence for every ton of coals which shall be raised and laid upon the bank, without fine or other consideration than the yearly ' rent reserved: and whereas certain of the said acts were 'amended by 46 G. 3, c. 71, An act to amend several acts 'for the encouragement of working mines and minerals in 'Ireland; and it is expedient to amend the provisions of 'the said acts, in relation to the duration of the term and 'the rent to be reserved on leases therein provided for:' be it enacted, that so much of the 10 G. 1, and of the said acts amending the same, as limits the term of such leases to thirty-one years, and as requires that the rent be not less than one tenth part of the ore to be dug and raised out of such mines, without regard to the expenses in digging and raising and laying the same on the bank, and so much of the 23 G. 2, or of any act amending the same, as provides that the rent reserved in any such leases of coal mines as in the said act mentioned shall not be less than two-pence for every ton of coals which shall be raised and laid upon the bank, is repealed; and it shall be lawful for every person or bodies politic or corporate, empowered to make leases by the said to grant for any term of years not exceeding forty-one, any acts are hereby empowered, as in the said acts mentioned, lease as is authorized by the said recited acts to be made for a term not exceeding thirty-one years, therein mentioned, so as every such lease be made to commence in possession, without any fine or other consideration than the yearly rent or other return in the nature of rent in such lease reserved and so as the best and most improved rent, whether in money or in kind, be reserved upon such lease, and so as such rent shall be reserved and payable in and by every such lease to such lessor or such other person as should during the continuance of such lease have been entitled by law to the benefit of such mines in case the said acts and this act had not been passed, and so as in every such lease there be condition for re-entry on nonpayment of the rent to be thereby reserved, and so as every lessee do execute a counterpart of his lease; and the several provisions of the said recited sets in force, and not hereby altered

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or repealed, shall, be construed to extend to such leases as are hereby authorized.

2. That it shall be lawful for any trustee, or feoffee, for charitable or other purposes or feme coverte or infant, any freehold estate in any such mines, or of any estate therein (other than a lease at rack rent), created for a term of years not exceeding fifty years, or determinable upon the fall of any life or lives, or upon the execution of any trusts mentioned in any deed creating such term, and also for any trustee of any such estate in the actual possession of such mines, or the rents and profits thereof, on behalf of their respective cestuique trusts or such feme coverte or infant as aforesaid, to make any lease of the same, and of lands contiguous thereto, as in the said acts specified, for any term of years not exceeding forty-one years, upon like conditions as herein-before provided as to the leases hereby authorized.

3. That it shall be lawful for any of the said respective persons herein-before mentioned, to accept a surrender or surrenders of any existnig lease made under the authority of the said recited acts, and to make and grant a lease of the same mines under the provisions of this act.

4. That this act may be amended or repealed in this present session of Parliament.

CAP. XIV.

An Act for authorizing a Borough Police Superannuation Fund. [22d April, 1848.]

CAP. XV.

An Act for the Regulation of Her Majesty's Royal Marine Forces while on shore. [22d April, 1848.]

CAP. XVI. An Act for raising the sum of seventeen millions nine hun dred and forty-six thousand five hundred pounds by Exchequer bills, for the service of the year one thousand eight hundred and forty-eight. [22nd April, 1848.]

CAP. XVII. An act to amend the act of the present session to facilitate the completion of public works in Ireland.

[22nd April 1848.] Sec. 1. Proceedings which under the recited Act might be done at the Spring Assizes, may be done in like manner at the Summer Assizes of this year.

2. Time for holding Presentment Sessions for the County extended.

3. As to Adjournment of Sessions held under recited
Act and this Act.

4. Recited Act and this construed as one.
b. Act may be amended, &c.

Whereas by an act passed in the present session to facilitate the completion, in certain cases, of public works in Ireland, returns are directed to be made at the ensuing spring 'assizes, and under the said act and the acts incorporated 'therewith certain presentments are to be made at the same assizes: And it is expedient that the time for proceedings 'under the said act be extended.' Be it enacted that the returns, special sessions, presentments, and proceedings which, under the said recited act, should be made, held, or taken previous to or at the spring assizes, 1848, may be made, held, and taken at the summer assizes of the same year, notwithstanding any special sessions or proceedings that may have been held or taken under the said act; and that the provisions of the said act shall apply to the said summer assizes, and to any grand jury empannelled thereat, and to the returns, presentments, &c. made thereat, or previously or subsequently thereto, as fully as to the said spring assizes, or to any Grand Jury empannelled thereat, or to the returns, presentments, matters, and things to be made or done thereat, or previously or subsequently thereto.

2. And whereas it is by the said act enacted, that the 'secretary of the Grand Jury shall, by notice convene a special sessions for the county, to be holden at the time 'specified in such notice, not being sooner than seven days 'from the time of posting, nor later than six weeks after 'the first special sessions shall have been held for any 'barony within such county under the said act; be it enacted, that such sessions for the county shall, as in the

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said act provided for the holding of such sessions, be convened by the secretary of the Grand Jury by notice, to be holden in the county court house, for the purposes of the said act and this act, at the time specified, not being sooner than seven days from the time of posting such notice, no later than six weeks after the first special sessions held af. ter the pasing of this act for any barony, for the purposes of the said act and this act.

3. That any sessions holden under the said act and this act may be continued from day to day, or be adjourned, as shall be found expedient: provided, that within thirty days from the termination of such adjourned or continued sessions, the adjournd sessions for the opening of tenders and proposals, as in the said act mentioned.

4. That the said recited act and this act shall be construed together as one act.

5. That this Act may be amended or repealed by any act to be passed in this present session of parliament. CAP. XVIII.

An Act to remove certain doubts as to the law for the trial of controverted Elections. [5th May, 1848.]

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An Act to extend the powers given by former acts for pur chasing or hiring Land in connexion with or for the use of Workhouses in Ireland; and for providing for the Burial of the Poor. [30th June, 1848.]

Sec. 1. Boards of Guardians may memorialize Commissioners to purchase or hire additional Land, who may with consent of Lord Lieutenant purchase or hire the same; not to exceed 25 statute acres.

2. So much of recited act 10 & 11 Vict. c. 31, as ertends certain provisions as to Schools in the North and South Dublin Unions to other parts of Ireland repealed; and other provisions enacted in lieu thereaf

3. Boards of Guardians may provide coffins for burial
of persons who at the time of death were receiving
out-door relief.

4. Former acts and this act to be construed as one.
5. Act may be amended, &c.

Whereas by the 1 & 2 Vict. c. 56, power was given to 'the poor law commissioners to purchase or hire land, not exceeding twelve acres imperial measure, for the purpose of building a workhouse thereon, or to be occupied there. with and whereas by the 10 & 11 Vict. c. 31, further power was given to purchase or hire land not exceeding

three statute acres, in addition for the site of a fever ward, or for a cemetery, and it is desirable that the powers of the commissioners to hire or purchase land should be * extended, that a greater quantity may be cultivated for the * employment and instruction of children in an improved system of the cultivation of land:' be it therefore enacted, that the majority of the guardians of any union may memorialize the commissioners to hire or purchase the quantity of land necessary and the commissioners may with the approval of the Lord Lieutenant may hire or purchase the quantity of land not exceeding twenty-five statute acres in addition to the quantity heretofore authorized by law to be used solely for the purposes above stated.

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constable and collector for each barony in such county, to collect all monies presented; and if any high constable or ⚫ collector shall die before he shall have collected the whole of the money presented, or if any vacancy occur, the justices of the peace at any general quarter sessions, or adjourn⚫ment thereof, may appoint another high constable or collec'tor pro tempore until a high constable or collector shall be appointed by the Grand Jury; and no person shall act as high constable or collector unless he shall have given security as therein mentioned; and the Grand Jury may present 'nine pence in the pound on the amount of the collection to 'to be paid to such high constable or collector for his trou'ble therein and sometimes properly qualified persons could 2. That so much of the 10 & 11 Vict. c. 31, as extends not be duly appointed at the assizes to act as high constato other parts of Ireland provisions relating to the establish- 'bles or collectors, a vacancy in the office of high constable ment of schools in the North and South Dublin Unions, or collector may occur in the interval between the general and authorizes the poor law commissioners to combine unions quarter sessions next before the assizes and the first day into school districts be repealed; and the commissioners may of such assizes, whereby the public cess then unpaid cannot combine any two or more Unions for the maintenance and ⚫ be collected on or before such ensuing assizes, and it is exeducation of children not above the age of fifteen years, in-pedient to enable the Grand Jury to increase the amount mates of the workhouses of such unions; and the provisions of the said act which relate to the hiring and purchasing of land in the North and South Dublin unions, the erection of a school there on the cost thereof, the maintenance of the children the numbers thereof from each union, the board of management, the officers for the superintendence thereof, and all other provisions relating to such school for the use of the North and South Dublin unions, shall apply to every combination of two or more unions under this act.

3. That the guardians of any union may provide a coffin for the burial of any person who at the time of his death was receiving relief out of the workhouse, or was at the time of his death dependent on any person receiving relief, and charge the cost of providing such coffin to the union at large or electoral division, as the case may be.

4. That the acts now in force for the relief of the destitute poor in Ireland and this act shall be construed as one act, except so far as any one may repeal any previous act. 5. That this act may be amended or repealed by any act to be passed in this present session of parliament.

CAP. XXVI.

An act to remove difficulties in the appointment of collectors of Grand Jury cess in Ireland in certain cases, and to remove doubts as to the jurisdiction of the divisional justices of the police district of Dublin metropolis relating to the recovery of poor rates, and other cases.

of poundage, Be it therefore enacted that in every case in which any Grand Jury shall not have at assizes appointed a high constable or collector of cess for each barony, or if any vacancy shall occur after the assizes and before the first ensuing general quarter sessions, or in the interval between the first general quarter sessions and the first day of the then next ensuing assizes, the justices of the peace of the said county, &c. at any general quarter sessions, or in case of a vacancy between the first general quarter sessions and the first day of the ensuing assizes, then at a special sessions called by the clerk of the peace in two days after the written requisition of the treasurer, at the county or assize town, or sessions town, of the division in which such barony is situate (giving six days notice thereof to such justices resident in such division) may appoint a high constable or collector of cess; and such person is to give security as directed by the said recited act; and in case any person appointed by the Grand Jury at assizes shall not have given the security by the said act required, such person so appointed may give security before the justices of the peace at the next general or quarter sessions for the division of the county in which such barony is situate; or in default thereof such justices may appoint some other high constable or collector in lieu of the person so appointed by the Grand Jury; and the person so appointed may give security before such justices as if the same were given at the assizes; and all the provisions of the said recited act, or any act amending same, or relating to any high constables or collectors of cess, shall apply to any high constable or collector of cess appointed under this act.

[30th June 1848.] Sec. 1. Whenever a Grand Jury at the Assizes shall not have appointed Collectors of Cess for each barony &c., or when the persons appointed shall not have given Security at the Assizes, the Quarter Ses- constable or collector, his personal representatives shall, 2. That if any vacancy occur by the death of the high sions may appoint Collectors, or take the Security. previous to such general or special sessions, deliver to the 2. Personal Representatives of deceased High Consta- treasurer of the county the warrants issued to said collector, ble or Collector to deliver last warrants to the with all applotments made of the sums specified in said warTreasurer of the County, together with the Ap-rant; and the deputies are required to attend at such sessions, plotments made. by them, specifying the sum paid by each person named in and deliver to the said justices accounts of the sums received such applotments, and the sum due, and by whom; and each deputy shall shall make an affidavit before the said justices, (who are authorized to take the same) of the truth of such accounts, which accounts and affidavits the justices shall transmit to the Treasurer of the county; and in case any such personal representative, or any such deputy shall neg

3. When Monies collected have been duly paid over by personal representative, Grand Jury may allow Poundage on the amount to such personal Repre4. Grand Jury may present increased poundage where difficulties occur in the collection.

sentative.

5. Bonds &c. deemed good against Sureties as well as against High Constables or Collectors. 6. The Divisional Justices of Dublin to have like Ju-lect to deliver over said warrants and applotments, and any

risdiction relating to the recovery of Poor rates as other Justices of the County. Such Justices to have power to act at their respective Offices in all cases as Justices at Petty Sessions. 7. Powers for the recovery of Grand Jury Cess in Dublin.

8. Divisional Justices in Dublin to have the same Powers to collect Grand Jury cess as other Justices in Ireland.

9. Act may be amended, &c.

'Whereas by the 6 & 7 W. 4, c. 116, the Grand Jury of ' each county in Ireland shall at each assizes appoint a high

money received by them, or refuse to make the affidavit, by this act they shall forfeit the sum of fifty pounds, to be recovered, in the name of the Treasurer of the county, by civil bill, before the assistant barrister of such county, for the

use of such county.

3. That such personal representatives paying the sum collected, into the county Bank on or before the first day of surer's certificate of such sum having been paid, the Grand the next assizes, and producing to the Grand Jury the TreaJury without application to presentment sessions, may present poundage on the amount so paid, to be paid to such personal representatives.

4. And whereas in certain baronies there is now con

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