CA P. XXXII. An Act to amend the Laws in force relating to Grand Jury WHEREAS by an Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present Majesty, intituled An Act for the Regulation of 3 & 4 Vict. Municipal Corporations in Ireland, it was enacted, that the c.108. s. 20. 'Boundaries of the several Boroughs named in Schedule (A.) to 'that Act annexed should, for the Purposes of that Act, be taken 'to be according to the Description of such Boundaries set forth ' in Schedule (C.) to that Act annexed; and by another Act passed 6 in the same Session of Parliament, intituled An Act to annex 3&4Vict. c. 109. certain Parts of certain Counties of Cities to adjoining Counties, to make further Provision for Compensation of Officers in Boroughs, to limit the Borough Rate, and to continue for a limited Time an "Act to restrain the Alienation of Corporate Property, in Ireland, it was enacted, that, for the Purposes of the said first-recited Act, ' and of that Act, all Places locally situate or included within the Boundaries of any of the Boroughs of Cork, Dublin, Kilkenny, Limerick, Waterford, and Drogheda, as defined under the said ' first-recited Act, should, from and after the Time when the said Act secondly above mentioned should come into operation, be 'deemed and taken to be Part or Parts of the County of the City or County of the Town of such Borough respectively, and of no other County; and every Portion, Place, or Precinct of every County of a City or County of a Town not under the said Acts included within any such Borough should, until Provision in that 'Behalf should be otherwise made under and by virtue of the 'said last-mentioned Act, be one Barony in itself, and should, for 'all Purposes of Grand Jury Presentments and of Criminal Juris'diction, and also of Civil Jurisdiction of the Superior Courts of Common Law in Dublin, be Part of the County at large which 'was adjacent to it, or with which it had the largest common Boundary: And whereas under the said recited Acts certain Parts or Portions of the old Liberties of some of such Counties ' of Cities and Counties of Towns, and certain Parts of Parishes ' and other Denominations thereof, are included within the Boun'daries of the Counties of such Cities or Towns as defined under 'the Provisions of the said recited Acts; and other Parts or Por'tions of the Liberties of the same Cities or Towns, and of such Parishes and other Denominations thereof, not being within such 'Boundaries, have, for the Purposes of Grand Jury Presentments, among others, become Part of the adjoining Counties: And 'whereas by an Act passed in the last Session of Parliament, inti 'tuled An Act to enable Grand Juries at the ensuing Summer and 5&6 Vict. c. 77. Spring Assizes to make certain Presentments in Counties of Cities and Towns in Ireland; and to remove Doubts as to the Jurisdiction of Justices of the Peace in Places recently annexed to Counties at large in Ireland, it was enacted, that at every Assizes to be holden N 6&7 W.4. c.116. Grand Jury of Cities and Towns shall be applotted off all Lands, &c. therein, without regard to Parochial or other Distinctions or Divisions. Exemptions. every such Sum and Sums as might be lawfully presented pursuant to any Act in force in Ireland relating to Grand Jury Presentments, previous to the said Acts coming into operation within each such County of a City or Town respectively; provided that all and every such Sum or Sums when so presented, and all Sums which might be or have been legally added thereto by the Treasurer of such County of a City or County of a Town if the 'said recited Acts had not passed, and all Sums duly presented at the then last Spring or Summer Assizes, and not theretofore levied, should be assessed, applotted, levied, and raised off such County of a City or Town, as the same is defined under the said recited Acts, without reference to previously existing Exemptions or Compositions for any particular Parish, District, or other Denomination: And whereas an Act was passed in the Session ' of Parliament holden in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An 'Act to consolidate and amend the Laws relating to the Presentment of public Money by Grand Juries in Ireland; and by reason of the Provisions contained in the said last-mentioned Act, and in the said several Acts herein-before recited, and also by reason of the Conflict therewith of the Provisions of certain Local Acts in force within some of the Counties of Cities and Counties of Towns to which the Provisions herein-before mentioned of the 'said several Acts are applicable, it has been found for the most part impracticable to proceed in the Presentment, Assessment, Applotment, and Levy of Grand Jury Cess in Counties of Cities and Counties of Towns in Ireland:' For Remedy whereof, be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act all Sums to be presented or which shall be re-presented by the Grand Jury at any Assizes in or for any County of a City or County of a Town in Ireland herein-before mentioned, except the County of the City of Dublin, shall be apportioned, applotted, raised, and levied on and off all Lands, Houses, and Tenements situate within such County of a City or County of a Town, as defined under the said recited Acts of Her present Majesty's Reign, without regard to parochial or other Distinctions or Divisions whatsoever, according to the net annual Value of such Lands, Houses, and Tenements respectively as now or from Time to Time hereafter last valued and rated under the Act or Acts for the Relief of the destitute Poor in Ireland; and that all Sums heretofore presented, and for levying which or any Instalment thereof any Warrant may be hereafter issuable, or for levying which or any Instalment thereof any Warrant shall have been issued, provided no Levy or Collection shall have actually taken place thereunder, shall be in like Manner apportioned, applotted, raised, and levied on and off all such Lands, Houses, and Tenements, according to the net annual Value thereof as so rated and valued as aforesaid, and that any previous Applotment according to the Laws now in force of such Sums so wholly uncollected, and any Warrant for the Collection and Levy thereof, shall be quashed: Provided always, that no Church, Chapel, or other Building exclusively dedicated to to religious Worship, or exclusively used for the Education of the Poor, nor any Burial Ground or Cemetery, nor any Infirmary, Hospital, Charity School, or other Building used exclusively for charitable Purposes, nor any Building, Land, or Hereditament dedicated to or used for public Purposes, shall be rateable for such Grand Jury Cess, nor any Dwelling House which shall be rated for the Relief of the destitute Poor at or under the annual Value of Five Pounds: Provided also, that nothing herein contained shall Nothing herein extend or be construed to alter or affect the Provisions made by to affect the Act an Act passed in the First and Second Years of Her present Majesty's Reign, intituled An Act to amend the Laws relating to the Levy of Grand Jury Cess in the County of the City of Dublin, but that all Sums to be raised by Grand Jury Presentment in the County of the City of Dublin and within the Police District of Dublin Metropolis shall continue to be apportioned, applotted, and levied as by the said last-recited Act directed, any thing herein contained to the contrary notwithstanding. II. Provided also, and be it enacted, That from and after the passing of this Act the Provisions of an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of His late Majesty's Reign, intituled An Act to consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland, and to incorporate certain detached Portions of Counties and Baronies with those Counties and Baronies respectively whereto the same may adjoin, or wherein the same are locally situate, shall not be deemed or taken to apply to any County of a City or County of a Town herein-before mentioned. 1 & 2 Vict. c.5 1. The Act 6&7W.4. c. 84. not to apply to Counties of Cities or Towns. for the Relief of the Poor. III. And be it enacted, That in order to enable the respective Treasurers emTreasurers of the said several Counties of Cities and Counties of powered to refer Towns, as herein-after directed, to applot such Grand Jury Cess, to Rates made it shall and may be lawful to and for the Treasurer of each such County of a City or Town for the Time being, and from Time to Time, and at all reasonable Times, to have Access to and inspect any Rate or Rates made for the Relief of the Poor of every Union, any Part of which shall be situate within such County of a City or of a Town, and to cause Copies to be made of such Rate or Rates, or so much thereof as shall relate to such County of a City or of a Town, or any Part thereof; and such Treasurer shall be allowed the Expence of making such Copies in his Accounts with the Grand Jury of such County of a City or of a Town. Rare made IV. And be it enacted, That the Treasurer of each County of a Treasurer to City or County of a Town as aforesaid shall, within One Month applot accordafter he shall have received from the Clerk of the Crown the ing to the last Copies of the Presentments made at the next and each succeeding under Poor Assizes, applot upon all Lands, Houses, and Tenements within Relief Act; such County of a City or County of a Town chargeable under this Act with Grand Jury Cess the Sums leviable under any Present ments made at such Assizes, or any Sums heretofore presented, and which shall not be re-presented, provided no Levy or Collection thereof shall have taken place under any Warrant previously issued, and all Sums heretofore presented, which, or any Instalment whereof, shall be leviable under any Warrant hereafter issuable, and all Sums which shall be re-presented, and shall applot the and to publish Notice that the Applotment has been made, and is open for Inspection. Penalty for Neglect. Treasurer to issue his War rant to Collector of Grand Jury Cess. same according to the net annual Value of each such House, Tenement, and Portion of Land as contained in the Rate which shall have been then last made in that Behalf for the Relief of the destitute Poor as aforesaid; and shall, within One Week after such Applotment shall have been made, cause to be published in some Newspaper circulating in such County of a City or Town, and cause to be posted at the usual Places for posting Grand Jury Notices in the same, a Notice stating that such Applotment has been made, and that the same will remain, at a Place to be specified in such Notice, open for the Inspection of all Occupiers of Houses, Lands, or Tenements within such County of a City or Town, between the Hours of Eleven in the Forenoon and Four in the Afternoon, for the Space of Fourteen Days from the Date of such Notice; and the said Treasurer shall keep the same at some convenient Place to be so specified in such Notice, and shall allow all such Occupiers applying for that Purpose to inspect the same at all reasonable Times during the said Space of Fourteen Days, and to take Extracts therefrom, without Fee or Charge, and shall give Copies or Extracts of or from the said Applotment to any Person applying for the same, upon being paid for such Copies or Extracts at the Rate of Three-pence for every One hundred or any less Number of Names contained in each such Copy or Extract; and if such Treasurer shall wilfully neglect or refuse to publish and post such Notice, or to keep such Applotment, at such Place and for such Time as aforesaid, or to permit any such Occupier to inspect such Applotment or to make any Extract therefrom, or to furnish such Extract on the Tender of such Sum as aforesaid, he shall, on Conviction thereof before any Two Justices of the Peace, forfeit and pay for every such Offence such Sum, not exceeding Five Pounds, as the Justices shall think meet, to be levied, in default of Payment, by Warrant of Distress off his Goods and Chattels. V. And be it enacted, That, with all convenient Speed after making such Applotment, the Treasurer of each such County of a City or Town shall issue his Warrant or Warrants, directed to the Person or several Persons who, under the Provisions of the said Act of the Sixth and Seventh Years of the Reign of His late Majesty, shall be Collector or Collectors for levying and collecting the Sums to be raised for Grand Jury Cess off such County of a City or Town; and in every such Warrant shall be specified the Proportion of such Grand Jury Cess which shall be so payable in respect of each House, Tenement, or Portion of Land chargeable therewith, and for which the Person to whom such Warrant shall be directed shall be a Collector, together with the Name of the Occupier or Occupiers thereof, as such Name or Names shall appear upon the aforesaid Rate for the Relief of the destitute Poor; and every Person duly authorized to collect and levy such levy such Cess. Grand Jury Cess, as soon as he shall have received any such Warrant, shall collect and levy the same according to such Warrant, and by all the Ways and Means provided by the said Act of the Sixth and Seventh Years of His late Majesty's Reign, for the Collection or Levy of Grand Jury Cess; and all the Provisions of the said last-mentioned Act with reference to the Collection, Levy, or Recovery of Grand Jury Cess shall apply to all Sums so Collectors to Provisions of the Act of 6 & 7 W. 4. to apply thereto. specified specified in such Warrant or Warrants, and all Arrears thereof, as if the same were hereby specially re-enacted, or as if such Sums were applotted in pursuance of the said last-mentioned Act. VI. And be it enacted, That if any Person shall find himself ag- Appeal against grieved by any Applotment made under this Act, or shall object to Applotment. any Person being put in or left out of such Applotment, or to the Sum charged on any Person therein, it shall be lawful for such Person so aggrieved or objecting to appeal to the General Sessions of the Peace or Adjournment thereof to be held for the same County of a City or of a Town, or if there be none holden therein, then to the General Sessions of the Peace to be held for any County at large next adjoining thereto, next after the Date of such Notice of Applotment so to be published by such Treasurer: Provided always, that no such Appeal shall be made on the ground of any Premises having been overvalued or undervalued in the Rate and Valuation made for the Purposes of the said Acts for the Relief of the Poor in Ireland: Provided also, that if such Sessions shall be held before the Expiration of One Calendar Month next after the Date of such Notice, then such Appeal may be made to the next following Sessions. VII. And be it enacted, That the Recorder of the Borough, Recorder or or the Assistant Barrister or Justices of the County at the Ses- Assistant Barsions to which such Appeal shall be brought, is and are hereby rister may deter. empowered to hear and finally determine the Matter of such Ap- peal, and amend mine the Appeal, and to make such Order therein as to him or them shall seem the Applotment, meet, which Order shall be final and conclusive upon all Parties, or may quash and, in case of any Appeal against any Applotment as aforesaid, the saine, and to order the Name of any Person interested or concerned in the order a new Event of such Appeal, and having had Notice thereof as herein Applotment. provided, to be inserted in such Applotment, and to be applotted at such Sum or Sums of Money, or to order the Name of any such Person to be struck out of such Applotment, or the Sum or Sums at which any such Person is applotted therein to be altered, as the Recorder or Assistant Barrister or Justices shall think right; and such Recorder or Assistant Barrister, or some proper Officer of the Court, shall forthwith add to or alter the Applotment accordingly; and it shall be lawful for such Recorder or Assistant Barrister or Justices to order that any Warrant of such Treasurer shall be amended, or that a new Warrant shall be issued according to such Directions as such Recorder or Assistant Barrister or Justices shall give in that Behalf, and such Warrant shall be amended or such new Warrant shall be issued by such Treasurer accordingly; and such amended or new Warrant 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 N 3 shall |