Page images
PDF
EPUB

Supplementary Provisions as to County Boards. Clause. 3). Legal status of board. 32. Appeal to Eligh Court of Justice in respect to invalid election. 33. Computation of time. 34. Committees of County Boards. 35. Regulations as to County Board in schedule. 36. Expenses of grand jury. 37. Schedule of baronies. 38. Modification of Act in relation to county of Dublin. 39. Parts of Acts in schedule V. repealed.

SCHEDULES

[ocr errors][merged small][merged small][merged small]

Amend the Law relating to Grand Juries and Presentment A.D. 1878.

Sessions in Ireland.

E 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 :

Extent and

ment of Act.

5 1. This Act shall extend to Ireland only, and may be cited as

short titie. “ The Grand Jury Law Amendment (Ireland) Act, 1878.”

2. This Act shall, except as is in this Act specially provided, Commerce commence and have effect from the thirty-first day of March one

thousand eight hundred and seventy-nine. 10 3. The Act of the session of Parliament held in the sixth and Interpreta

seventh years of His late Majesty King William the Fourth, tior..
chapter one hundred and sixteen, intituled “ An Act to consolidate
“ and amend the laws relating to the presentment of public money

by grand juries in Ireland,” may be cited as “The Grand Jury 15 (Ireland) Act, 1836 ”; and in this Act the expression “ the

principal Act” means the Grand Jury (Ireland) Act, 1836, as amended by any Act or Acts :

In this Act the term “ barony” includes every division of a barony in which baronial presentment sessions shall have been ap20 pointed to be held during the year preceding the passing of this

Act, and every new barony constituted under the provisions of the principal Act or of this Act :

For the purposes of this Act, the counties of cities, counties of towns, and boroughs specified in the first schedule to this Act shall 25 not (except as is in this Act otherwise expressly provided with

respect to district lunatic asylums) be deemed to be counties, or to form parts of counties :

Each riding of the county of Tipperary shall for the like purposes be deemed to be a county.

A.D. 1878.

4. From and after the commencement of this Act, the presentConstitution ment sessions for every barony in each county shall consist of of baronial

an equal number of nominated members and of elected members. presentment sessions, The nominated members shall be persons nominated by the grand

jury of the county in the manner herein-after provided. The elected 5
members shall be the persons elected, or remaining in office as if
re-elected, in each year as guardians of the poor for each electoral
division in such barony, in which county cess is levied for the
purposes of the barony.

.
Where an electoral division is situate in more than one barony, 10
it shall for the purposes of this Act be deemed to be situate in that
barony which contains a greater part of the total value of such
division than any other barony, according to the valuation in force
for the time being under the Acts relating to the valuation of
rateable property in Ireland.

15
The grand jury shall, at the first and every subsequent spring
assizes after the passing of this Act, nominate a sufficient number
of persons as members of the presentment sessions for each barony,
and in so doing shall proceed as follows:
They shall first nominate justices of the peace acting for the 20

county who are seised, possessed of, or entitled to, lands,
tenements, or hereditaments, or any estate or interest therein,
situate in such barony, upon which county cess is assessed for
the purposes of the barony. If the number of sucli justices
is not sufficient the grand jury shall make up the number 25
required by nominating at their discretion persons resident in
the barony, and seised, possessed of, or entitled to, lands, tene-
ments, or hereditaments, or any estate or interest therein, situate
in such barony, upon which county cess is assessed for the
purposes of the barony.

30 The place of meeting of any baronial presentment sessions may be

either within or without the limits of the barony. Abolition of

5. From and after the commencement of this Act, no presentment county at

sessions shall be held for any county under the authority and for large ses

the

purposes of the principal Act in respect of business relating to 35 tablishment

the county at large; and in lieu thereof there shall be established of County Board.

in every county a County Board, consisting of an equal number of justices and of elected members, to be chosen in the manner herein

after prescribed. General

6. The County Board of every county, other than the counties 40 constitution of County

of Cork, Galway, and Meath, shall consist of four members chosen Board.

in equal proportions by the nominated and the elected members of the baronial presentment sessions of each barony to represent

sions. Es

members of

the barony at the County Board. The County Board of eacli of A.D. 1878. the counties of Cork, Galway, and Meath shall consist of two members chosen in equal proportions by the nominated and the

elected members of the baronial presentment sessions of each 5 barony to represent the barony at the County Board.

7. In every barony, the nominated members and the elected Mode of members of the baronial presentment sessions shall, on the first election of occasion of their meeting at presentment sessions in such barony County

after the twenty-fifth day of March in each year, separately proceed Board. 10 to elect from amongst the members of such presentment sessions

so many representatives as they may be respectively entitled to elect as members of the County Board, to represent such barony under the provisions of this Act. At every such election, in addi

tion to the nominated members and the elected members of the 15 baronial presentment sessions qualified as is herein-before prescribed,

all such justices of the peace acting for the county as shall be seised, possessed of, or entitled to lands, tenements, or hereditaments situate in such barony upon which county cess is assessed

for county at large charges, shall be qualified to attend and vote 20 with the nominated members for representatives on the County

Board, but shall not, unless otherwise qualified, take any further part in the proceedings of the presentment sessions; and all the persons elected or remaining in office as if re-elected in each year

as guardians of the poor for any electoral division in such barony 25 in which county cess is levied for the like charges, shall be qualified

to attend and vote with the elected members for representatives on the County Board, but shall not, unless otherwise qualified, take any further part in the proceedings of the presentment sessions.

At such election the chairman shall preside, and the nominated 30 members with such justices as aforesaid, if any, and the elected

members with such guardians as aforesaid, if any, shall separately vote for one half the number of representatives entitled to be returned for the barony. The chairman shall have, in addition to

his vote or votes, a casting vote in every case of an equality of 35 votes, whether for a representative of the nominated or the elected members. If

any person shall be elected by both the nominated members and the elected members, he shall, if himself a nominated member,

be returned as a representative of the nominated members; and 40 the elected members, with the guardians, if any, shall forthwith

proceed to elect another representative in his place; but if he is himself an elected member, he shall be returned as a representative of the elected members; and the nominated members, with the

be kept.

A.D. 1878. justices, if any, shall forth with proceed to elect another represen

tative in his place.

The persons so elected shall constitute the County Board during the ensuing year to be computed from such twenty-fifth day of March, and immediately upon their election the persons previously elected 5 shall go out of office; provided always, that in every case the persons whose terms of office expire on the twenty-fifth day of March in any year shall continue to act until others are elected in their stead, and that any person going out of office shall be eligible for re-election for the ensuing or any subsequent year.

10 The chairman presiding at every such election shall, according to the best of his judgment and ability, make a true return in writing to the secretary of the grand jury (in this Act styled “the county secretary”) of such county of the persons who shall be elected at such election. The county secretary of every county shall enter in 15 a register the names of the persons so returned to him as elected

to serve on the County Board. Register to 8. The county secretary shall also enter in a register the names

of the nominated and the elected members of the several baronial
presentment sessions in the county, and of the justices and the 20
guardians, if any, qualified to attend and vote for representatives of
the barony. For the purpose of enabling the secretary of cach county
to keep such register, immediately after the holding of the election of
poor law guardians in every year, the clerk of every union shall make
a list with respect to each barony and part of a barony included 25
within his union of the elected members of the baronial presentment
sessions, and of the justices and guardians, if any, qualified under the
provisions of this Act to attend at the baronial presentment sessions of
such barony, with their names and addresses, and shall transmit the
list by post to the county secretary, and shall from time to time 30
transmit to the secretary the names of any persons who subse-
quently to the making out of such list may have become qualified,
or may have ceased to be qualified, to be members of or to attend
at such presentment sessions.

If the clerk to the guardians of any union shall make wilful 35
default in complying with the provisions of this section, he shall be
liable to a fine not exceeding five pounds, to be recovered in a
summary manner at the suit of the County Board of the county
in respect to which any such default shall have been made.

9. At and after the first meeting in any county of the County 40 County

Board of that county as constituted under this Act, all powers, rights, and duties at the time of the passing of this Act exerciseable by or attaching to or which would but for this Act have been

Functions of

Board.

« EelmineJätka »