« EelmineJätka »
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 ;
all roads, bridges, footpaths, pipes, gullets, piers, and
lowering any hill or filling up any hollow, or making 15
or maintaining any fence, railing, or wall, or erecting
whether chargeable upon the county at large or upon any 20
other accommodation for pauper lunatics :
(4.) In relation to industrial and reformatory schools:
(Ireland) Amendment Act, 1874 :
of public analysts :
meetings of the baronial presentment sessions :
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
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,
Board, subject to all debts and liabilities affecting the same.
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
Board may enforce pro
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
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
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
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
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 :
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,
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
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
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