Grand Jury (Ireland) Act 1836
| Jurisdiction | Ireland |
(6 & 7 Will. 4) C A P. CXVI.
[20th August 1836]
'WHEREAS the Laws heretofore made and in force inIreland for the Purpose of regulating the Fiscal Powers of Grand Juries have become obscure and complicated from their Multiplicity, and their Provisions have been found in many respects insufficient, and it is expedient, with a view to secure the better Execution of Public Works, and facilitate the Transaction of local Business, that the said Laws should be consolidated and amended, and that a uniform System of raising Money by Presentment of Grand Juries should be established in all Counties in Ireland, whether Counties at large, Counties of Cities, or Counties of Towns:' Be it therefore enacted by the King's most Excellent Majesty, by and withthe 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 Commencement of this Act it shall not be lawful for any Grand Jury of any County, County of a City, or County of a Town, except the County and City ofDublin, at any Assizes to make any Presentment (save and except in the Cases herein-after specially reserved and excepted) for the Execution of any Public Work whatsoever, or for raising any Money, unless under the Authority and by virtue of the Provisions of this Act.
II The Act 36 G. 3. \(I.) repealed after 1st Feb. 1837, and all Appointments of Inspectors of Commons, &c. made under that Act to cease.
II. 'And whereas an Act of Parliament was made and passed in the Parliament ofIreland in the Thirty-sixth Year of the Reign of His late Majesty King George the Third, intituled An Act for rendering more effectual the Laws for preventing Encroachments and the committing of Waste on Commons in this Kingdom, whereby the Grand Jury of any County in Ireland in which there is a Common consisting of not less than Two thousand Acres of Land is empowered to appoint an Inspector of such Common, and such Inspector is empowered to appoint Sub-Inspectors as therein mentioned, and the Grand Jury is also empowered to appoint yearly Salaries to such Inspector and Sub-Inspectors, and in order to raise a Sum sufficient for that Purpose yearly at the Assizes for the County to present such Sum to be raised off the Occupiers of the Land surrounding such Common and mearing therewith or fronting to the same as shall be necessary for the Purpose aforesaid, and not exceeding the Rate in the said Act mentioned: And whereas it is expedient that the said last-mentioned Act should be repealed;' be it therefore enacted, That from and after the First Day of February One thousand eight hundred and thirty-seven the said Act of the Parliament of Ireland passed in the Thirty-sixth Year of the Reign of His late Majesty King George the Third shall be and the same is hereby repealed; and that from and after the said First Day of February One thousand eight hundred and thirty-seven all Appointments of Inspectors, Sub-Inspectors, and other Officers already made or in the meantime to be made by or under the Authority of such last-mentioned Act, and the Offices, Powers, and Authorities of all such Inspectors, Sub-Inspectors, and other Officers respectively, and all Salaries or other Allowances to such Inspectors, Sub-Inspectors, and other Officers respectively, shall cease and determine.
III Explanation of Terms.
III. And be it enacted, That in the Construction of this Act the Word ‘Lord Lieutenant ofIreland’ shall extend to and include any Lords Justices or other Chief Governor or Governors of Ireland for the Time being; and every Half Barony shall be considered and deemed a Barony; and wherever the Word ‘County’ shall occur the same shall be deemed and taken to include and import any County at large, or County of a City, or County of a Town and City, or City or Town and County; and wherever the Word ‘Assizes’ shall occur in this Act it shall be deemed and taken to include and import ‘Presenting Term’; and whenever in this Act any Authority is given to, or any Duty is directed to be performed by, any Judge of Assize, such Authority shall be understood as given to, and such Duty as directed to be performed by, the Justices of the King's Bench inDublin in any Presenting Term; and every Word importing the Singular Number shall extend and be applied to several Persons, Animals, or Things as well as to one Person, Animal, or Thing; and every Word importing the Masculine Gender shall extend and be applied to a Female as well as to a Male, unless the contrary thereof shall be expressed, or that any such Construction as aforesaid shall be inconsistent with or repugnant to the Context.
IV Justices to hold Presentment Sessions for the Purposes of this Act at the Times and Places appointed by the Grand Jury.
IV. And be it enacted, That from and after the Commencement of this Act it shall and may be lawful to and for every Justice of the Peace in and for any County, County of a City, County of a Town, or City and County inIreland, not being a Stipendiary Magistrate, to attend, and all such Justices are hereby required to assemble, from Time to Time, and with the Cess Payers associated with them as herein-after appointed, to hold a Special or Presentment Sessions for the Purposes of this Act, in such Place and Places and at such Time and Times, within any and every such County, as the Grand Jury of the same shall have appointed pursuant to the Provisions herein-after following.
V Grand Juries at Assizes to fix Times and Places for Presentment Sessions; and may direct what Number of Copies of Applications shall be printed and distributed.
V. And be it enacted, That it shall be lawful for the several Grand Juries in every County inIreland, and they are hereby required, at each Assizes to appoint, by Presentment, certain Places within their respective Counties (videlicet, One in each Barony or Half Barony,) where, and certain Times when, Presentment Sessions shall be successively holden previous to the next Assizes for such Counties respectively for the Purposes of this Act, as herein-after set forth; and such Presentment shall appoint the Hours of the Day between which such Sessions shall be respectively holden; and such Presentment shall appoint the last Meeting of such Sessions to be holden at the County Court House; and it shall also be lawful for the Grand Jury at every such Assizes to direct, by Presentment, what Number of Copies of the Schedules of Applications to be made at each such Sessions shall be printed and distributed by the Secretary of the Grand Jury.
VI Only One such Sessions in Cities and Towns.
VI. And be it enacted, That the Grand Jury for each County of a City or County of a Town shall appoint One such Presentment Sessions to be holden in the same for the Purposes aforesaid; and all Applications for Works, the Expences whereof are to be levied off such County of a City or Town, shall be made thereat.
VII Collectors to make Returns of Cess Payers for Grand Jury.
VII. And, for the Purpose of enabling the Grand Jury to prepare such List of Cess Payers as herein-after mentioned, be it further enacted, That every High Constable or other Collector of Money levied by Grand Jury Presentment shall, on the Day when the Grand Jury shall be first impannelled at each Assizes, deliver to the Secretary of the Grand Jury a Return of the Names and Places of Residence of the One hundred Persons, being Males of full Age, if so many there be, and if not, then of the whole Number of Persons resident or in actual Occupation of Lands and Tenements in each County of a Town, County of a City, or Barony, who, not being in Holy Orders nor any Minister of Religion, and not being Justices of the Peace, shall have been charged with and shall have paid for Land actually occupied by them the highest Sum or Sums for Grand Jury Rates or Cess for and in respect of any Lands in such County of a Town, County of a City or Barony, under the last previous Applotment, and that in such List he shall set forth the Sum so paid by each such Cess Payer respectively, and shall classify them according to the Amount paid by each, and that the Secretary shall immediately lay such Return before the Grand Jury.
VIII Grand Jury to fix the Number of Cess Payers to be associated with the Justices for the Purposes of this Act.
VIII. And be it enacted, That every such Grand Jury as aforesaid shall at each Assizes fix and determine the Number of Persons, not being more than Twelve nor less than Five, proper, with reference to the Extent and Circumstances of each County of a City, County of a Town, or Barony, to be associated with the Justices at the Presentment Sessions to be holden therein for the Purposes of this Act, and shall from the Return aforesaid make out a List of Double the Number so determined upon of Persons, with their Additions and Abode, who being Males of full Age resident and in actual Occupation of Lands or Tenements within such County of a City, County of a Town, or Barony respectively, shall according to the Return aforesaid have paid the highest Sum or Sums for Grand Jury Rates under the last...
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