Clause. Supplementary Provisions as to County Boards. 31. Legal status of board. 32. Appeal to High 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 Parts of Acts in schedule V. repealed.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. 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 BE 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 : 5 1. This Act shall extend to Ireland only, and may be cited as "The Grand Jury Law Amendment (Ireland) Act, 1878." Extent and short title. 10 ment of Act. 2. This Act shall, except as is in this Act specially provided, Commence.. commence and have effect from the thirty-first day of March one thousand eight hundred and seventy-nine. 3. The Act of the session of Parliament held in the sixth and Interprctaseventh years of His late Majesty King William the Fourth, tion. chapter one hundred and sixteen, intituled " An Act to consolidate "and amend the laws relating to the presentment of public money 66 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. of baronial presentment sessions. 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 an equal number of nominated members and of elected members. 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. Abolition of county at large ses sions. Establishment of County Board. Geneial constitution of County Board. 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. 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: 15 They shall first nominate justices of the peace acting for the 20 The place of meeting of any baronial presentment sessions may be either within or without the limits of the barony. the 5. From and after the commencement of this Act, no presentment sessions shall be held for any county under the authority and for of the principal Act in respect of business relating to 35 purposes the county at large; and in lieu thereof there shall be established in every county a County Board, consisting of an equal number of justices and of elected members, to be chosen in the manner hereinafter prescribed. 6. The County Board of every county, other than the counties 40 of Cork, Galway, and Meath, shall consist of four members chosen in equal proportions by the nominated and the elected members of the baronial presentment sessions of each barony to represent the barony at the County Board. The County Board of each 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. members of 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 addition 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 A.D. 1878. justices, if any, shall forthwith proceed to elect another representative in his place. Register to be kept. Functions of 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. 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 subsequently 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 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 |