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exerciseable by or attach to the presentment sessions held under A.D. 1878. the authority and for the purposes of the principal Act in the county court-house in respect to business relating to the county at

large, shall be transferred to and vested in such County Board : 5 And further, there shall be transferred to and vested in such

County Board all the 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 exerciseable by or attach to, the grand

jury of such county, in relation to the following purposes ;
10 (namely,)
(1.) In relation to the making, maintaining, or repairing of

all roads, bridges, footpaths, pipes, gullets, piers, and
quays, or deepening or embanking any river or lake, or

lowering any hill or filling up any hollow, or making 15

or maintaining any fence, railing, or wall, or erecting
or repairing direction posts, milestones, mileposts, and
depôts for materials, or stopping up old roads; and
generally, in relation to all works in connexion with roads,

whether chargeable upon the county at large or upon any 20

barony:
(2.) In relation to the provision and maintenance of asylums or

other accommodation for pauper lunatics :
(3.) In relation to any county infirmary :

(4.) In relation to industrial and reformatory schools:
25 (5.) In relation to providing militia storehouses :
(6.) In relation to inquests, coroner's fees, and allowances to

witnesses :
(7.) In relation to the general valuation under the Valuation

(Ireland) Amendment Act, 1874 :
30 (8.) In relation to appointing, removing, and fixing the salaries

of public analysts :
(9.) In relation to appointing the times and places for the

meetings of the baronial presentment sessions :
(10.) In relation to levying and assessing the county cess, whether
35

upon any barony or upon the county at large. No vote or presentment relative to any of the matters aforesaid of any baronial presentment sessions, nor of any County Board, shall be brought before or require confirmation by the grand jury.

The several provisions of the principal Act relative to the duties 40 of the clerk of the Crown, and the treasurer, and the county

surveyor, and the secretary of the grand jury in respect of the presentments of any grand jury and in respect to meetings and

perty to

Board.

A.D. 1878. proceedings of presentment sessions for the county at large, shall

apply to the presentments of the County Board made under this section and to the meetings and proceedings of the County Board.

If any question arises as to whether any business which at the time of the passing of this Act was within the jurisdiction of the 5 grand jury is or is not within the jurisdiction of the County Board or the Grand Jury of any county, such question shall be determined by the judge of assize. The judge may reserve any such question for the consideration of a Divisional Court, or may direct any such question to be argued before a Divisional Court, and any such court 10 shall have power to hear and determine any such question so

reserved or directed to be argued. Transfer of 10. At and after the first meeting in any county of the County certain pro- Board as constituted under this Act, all such property, real and County personal, including all interests, easements, and rights in, to, and 15

out of property, real and personal, and including things in action,
as belongs to or is vested in, or would but for this Act have
belonged to or been vested in, the grand jury of the county, or in
any person in trust for any of the purposes with respect to which
the powers, rights, and duties of the grand jury are by this Act 20
transferred to the County Board, shall pass to and vest in the County

Board, subject to all debts and liabilities affecting the same.
County 11. Every County Board shall have power to enforce the provi-

sions of the Rivers Pollution Prevention Act, 1876 (subject to the

restrictions in that Act contained), in relation to any stream being 25 39 & 40 Vict. within or passing through or by any part of their county, and for

that purpose they shall be deemed to be a sanitary authority within the meaning of that Act, and the county shall be deemed to be their district.

Any expenses incurred by a County Board in the execution of 30 the provisions of the said Act shall be presented to be levied upon the county at large.

12. The inspector of lunatics in Ireland shall at such times in each asylums.

year and in such manner as the Lord Lieutenant shall from time
to time direct, estimate the sums of money which shall be necessary 35
for the support and maintenance of every district lunatic asylum
(including the support and maintenance of the officers thereof and
patients therein) for such period as the Lord Licutenant shall direct,
and in every case in which the district of a lunatic asylum shall
consist of more than one county shall estimate what proportion of 40
such sums of money is to be contributed by and charged on each
county comprised in the district of such lunatic asylum, and shall

Board may enforce pro

visions of

c. 75.

Lunatic

make out for each county a certificate in such form as the Lord A.D. 1878. Lieutenant shall from time to time prescribe, under the hands or hand of the said inspectors, or one of them, specifying the amount

of money so estimated to be necessary for the support and main5 tenance of the district lunatic asylum of and for such county during

the said period, and specifying that the whole or a certain portion thereof, as the case may be, is properly contributable by and chargeable on the said county, and shall transmit the certificate

when approved and certified by the Chief or Under Secretary to the 10 county secretary of such county, and thereupon the County Board

of such county shall forthwith make a presentment for the amount specified in such certificate as properly contributable by the said county, to be raised off the county at large, and to be paid to the

governors of the district lunatic asylum. In this section the term 15 “county" extends to and includes any county of a city or county

of a town included at the time of the passing of this Act in the district of any district lunatic asylum, and the term "grand jury" includes the town council of such county of a city or county of a

town, and the term “ county secretary” includes the town clerk. 20 13. No presentment of any County Board whereby any liability Traverses.

dischargeable out of county cess is incurred shall be of any force or effect until fiated by a judge of assize, but when sofiated every such presentment shall have the same force and effect as a

like presentment of the grand jury of the county would have had 25 if this Act had not been passed. It shall be lawful for any person

paying county cess for the county to traverse any such presentment, in the same manner and form (subject to rules of court) in which a like presentment of the grand jury of the county might have been

traversed if this Act had not been passed, From and after the passing 30 of this Act the judge of assize may, upon the application of any

party interested, and upon such terms as the judge shall think fit, direct that any question of fact arising in any traverse of a presentment, whether made under the principal Act or this Act, shall be

tried by a special jury, and such question shall thereupon be so 35 tried by a special jury. The costs of every traverse shall be in the

discretion of the judge; provided that although there shall be a decision against such traverse, yet if the judge shall be of opinion that there was reasonable and probable ground for the traverse,

he may direct that the costs of all or any of the parties shall be 40 paid by the person acting as treasurer of the county from and

out of the county money in his hands, and the County Board shall present the same without previous application to presentment

A.D. 1879. sessions. The practice and procedure of the courts in hearing such

traverses, and as to notices and other proceedings preliminary thereto, and as to giving notice to the sheriff and to the parties interested of the intention to apply for a special jury, and as to the summoning and impannelling of the jury, shall be regulated by 5 rules of court to be made in the manner provided by the Supreme Court of Judicature (Ireland) Act, 1877.

The judge may reserve any question as to the legality of any presentment for the consideration of a Divisional Court, or may direct any such question to be argued before any such court, and 10 any such court shall have power to hear and determine any such

question so reserved or so directed to be argued. Saving for 14. Nothing in this Act shall prejudicially affect any

securities existing

granted before the passing of this Act on the credit of the county

cess of any county, or on the credit of any property by this Act 15 charge of

transferred to a County Board ; and all such securities, as well as
all unsecured debts, liabilities, and obligations incurred by the grand
jury or any presentment sessions of any county, in the exercise of
any powers or in relation to any property transferred from them to
the County Board under this Act, shall be discharged, paid, and 20

satisfied by the County Board. Saving for

15. All contracts, deeds, bonds, agreements, and other instruments entered into or made and subsisting at the time of the passing of this Act, and affecting any powers or property by this Act transferred to a County Board, shall be of as full force and effect 25 against or in favour of the County Board (as the case may be),

be enforced, as fully and effectually as if, instead of the grand jury or any county officer of any county, the County Board had been a party thereto.

securities and dis

debts.

contracts, &c.

and may

sions of this Act.

Acts of Par

16. All Acts of Parliament relating to such of the powers, rights 30 liament to be and duties exerciseable by or attaching to county at large presentread with reference to

ment sessions or grand juries, as are hereby transferred to and the provi

vested in any County Board, or wherein any clerk of the Crown, or
clerk of the Crown and peace, or county surveyor, or his assistants,
or county secretary or treasurer, or banking company acting as 35
treasurer, or high constable or collector, or any other person may
be authorised or required to do any act or thing relative to the
exercise by such county at large presentment sessions, or grand jury,
of any of such powers, rights, or duties so transferred to and vested
in such County Board, shall be read with reference to the County 40
Board of each county as if such County Board were therein men-

tioned or referred to, instead of such presentment sessions, or grand A.D. 18 78. jury.

17. At any time after the first meeting of the County Board Boards of of any county, as constituted under this Act, the Lord Lieutenant governors 5 may, by order made by and with the advice and consent of the asylums.

Privy Council in Ireland, dissolve the board of governors of any asylum for the lunatic poor in that county, and by the same order shall fix and determine the number of governors to be thenceforth

appointed for such asylum. 10 The board of governors of each such asylum shall be thenceforth appointed in accordance with the following provisions : In case only one county contributes to the expense of the lunatic

asylum, two thirds of the whole number of governors shall be

annually appointed by the County Board of such county in 15 such manner as the Lord Lieutenant, by the same or a like

order, shall prescribe :
In case two or more counties, or a county and a county of a city,

or town, or borough, contribute to the expense of the lunatic

asylum, two thirds of the whole number of governors shall 20

be annually appointed by the County Boards of such counties,
or by the County Boards of such counties in conjunction with
the grand jury or town council of such county of a city, or
town, or borough, in such manner and proportions, and subject

to such directions, as the Lord Lieutenant, by the same or a 25 like order, shall prescribe :

In all cases, one third of the whole number of governors shall

be appointed by the Lord Lieutenant, by and with the advice
and consent of the Privy Council, either before or after the

appointment of the others : 30

And every person so appointed by the Lord Lieutenant shall hold

his office for three years, but may be re-appointed at the
expiration of each such period. Every member of the board of

governors shall be removeable by the Lord Lieutenant.

Of the members to be appointed whether by the Lord Lieutenant 35

or by any County Board, or grand jury, or town council, one

half at least shall be justices of the peace. Whenever any

casual vacancy occurs in the office of any governor appointed by the Lord Lieutenant, it shall be filled by a person

to be appointed by the Lord Lieutenant, by and with the advice 40 of the Privy Council. A casual vacancy in the office of any

other governor shall be filled by a person to be appointed by
such County Board or grand jury or town council as the Lord

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