County Dublin Grand Jury Act 1844
| Jurisdiction | UK Non-devolved |
| Citation | 1844 c. 106 |
(7 & 8 Vict.) C A P. CVI.
[9th August 1844]
'WHEREAS an Act was passed in the Sixth and Seventh Years of KingWilliam the Fourth, intituled Ireland, whereby Provision was made for the above Purpose in all Parts ofIreland , except in the County and City of Dublin; and it is expedient to assimilate the Law in the County of Dublin , as far as may be practicable, to that in other Parts of Ireland: ' Be it therefore 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, Thatfrom and after the First Day ofJanuary One thousand eight hundred and forty-five the following Acts and Parts of Acts shall be and are hereby repealed, save and except so far as they or any of them repeal any other Act, and also save and except as to Matters and Things heretofore done under the said Acts or any of them; (that is to say,) an Act passed in the Parliament of Ireland in the Twenty-sixth Year of the Reign of His late Majesty King George the Third, intituled Dublin,and for repealing Parts of several Acts formerly made for that Purpose (except such Parts thereof as authorize the Grand Jury to accept from and the late Sir Nicholas Lawless to make a Conveyance of so much of Gallows Hill as might be deemed sufficient for erecting a County Gaol, and provide that the Person or Persons to whom such Conveyance should be made should in nowise be reputed to derive or claim as a Freeholder or Freeholders, and as empower the Grand Jury to levy and pay to the said Sir Nicholas Lawless, his Heirs and Assigns, the annual Rent therein mentioned); also an Act passed in the Forty-third Year of the Reign of His late Majesty King George the Third, intituled also an Act passed in the Fiftieth Year of the Reign of His late Majesty KingGeorge the Third, intituled Irelandin the Twenty-sixth Year of King George the Third, for making and repairing public Roads in the County of Dublin, as relates to the Roads within the Barony of Rathdown; and also an Act passed in the Fifty-first Year of the Reign of King George the Third, intituled Irelandin the Twenty-sixth Year of King George the Third, for making and repairing public Roads in the County of Dublin, with respect to those Roads within those Parts of the Baronies of Uppercross and Newcastle which are situate on the South-east Side of the great Turnpike Road leading from Dublin to Cork by Rathcoole and Naas.
II No Presentment for raising Money except at Easter Term.
II. And be it enacted, That it shall not be lawful for any Grand Jury of the County ofDublin to present, or for the Judges or Justices of any Court to allow any Presentments for the raising or levying any Money off the County of Dublin at large, or of any Barony within the said County, except at Easter Term in ever Year; and such Easter Term shall be designated the Presenting Term for the County of Dublin; and on the First Day of every such Term the Clerk of the Crown in open Court shall administer to each of the Grand Jurors to be impannelled the Oath following; (that is to say,)
'YOU shall diligently inquire, on behalf of the County ofDublin , and true Presentment make, of all such Matters and Things as shall be lawfully given to you in charge, or as shall come before you in anywise relating to the raising of any Money upon the said County of Dublin , or upon any Barony, Half Barony, District, or Parish therein, or relating to the Expenditure of any such Money: You shall not present, nor allow, nor disallow, any Matter or Thing, through Hatred, Malice, or Ill-will, nor through Fear, Favour, Affection, nor Reward. So help you GOD.'
III Grand Jury shall transact Business in open Court, in such Place as Judges of Queen's Bench shall appoint; and shall be called over each Morning.
III. And be it enacted, That the Grand Jury of the said County ofDublin , so impannelled at the Presenting Term in each Year, shall be and be deemed to be the Grand Jury of the said County for all the Purposes of this Act, and shall transact the fiscal Business of the said County in open Court, and in such Place or Room, and within such Times, during Term, as the Judges of the Court of Queen's Bench from Time to Time shall appoint, not exceeding Twelve Days from the First Day of each Presenting Term; and that the Secretary of the Grand Jury shall cause to be laid before the Court of Queen's Bench, Two Days at least before the last Day that shall be appointed by the Judges as aforesaid for the finishing of the fiscal Business, all Accounts of Presentments to be fiated by the Court; and that each Grand Jury shall for the whole Period during which they shall sit be called over each Morning at sitting by the Foreman or Person acting as such, and at all other Times when the Number of Grand Jurors present shall be less than by Law required for the Performance of the Functions of a Grand Jury; and any Grand Juror who shall make default in his Attendance at any of such Times shall for every such Default incur a Penalty of Forty Shillings; and such Default shall be reported by the Foreman to the Court of Queen's Bench, and unless the same shall be excused on the Ground of Illness, or other good and substantial Reason, to the Satisfaction of the Court, such Fine and Penalty shall be by the said Court confirmed and declared absolute, and recovered and applied in the same Manner as Fines and Penalties imposed on Jurors for any Defaults or Misbehaviour may now by Law be recovered and applied; and if the Foreman shall fail to call over the Jury at the Times herein-before appointed, or to report the Absence of any Juror upon such Call, he shall incur a Penalty of Forty Shillings for each such Default, to be in like Manner recovered and applied: Provided always, that nothing herein contained shall limit or affect the Authority of the said Court to enforce the Attendance of any Grand Juror as said Court may now enforce such Attendance.
IV Appointment of County Officers. — Grand Jury shall appoint Secretary.
IV. And be it enacted, That upon the Death, Resignation, or Removal of the present Secretary of the Grand Jury it shall be lawful for the Grand Jury at any such Presenting Term to appoint a proper Person to act as their Secretary; and the present Secretary of the Grand Jury, or any Secretary who shall be appointed hereafter under the Provisions of this Act, shall continue to act as such until he shall be removed by the Grand Jury, or until another Person, duly qualified, shall be in like Manner appointed; and if any Person appointed Secretary shall happen to die, the Clerk of the Peace or his known Deputy is hereby required to act as such until the last Day of the ensuing Presenting Term; and for the performing all and singular the Duties of such Secretary such Clerk of the Peace or his said Deputy shall be entitled to receive a rateable Proportion of the Salary of such Secretary for the Time during which he shall have performed such Duties; but in case of the Illness of the Secretary it shall and may be lawful for such Secretary to appoint a Deputy, for whom he shall be responsible, and who shall perform the Duties of said Secretary during his Illness: Provided always, that it shall not be lawful to appoint or continue joint Secretaries or more than One Person as Secretary in the said County.
V Secretary shall not be also the Clerk of the Peace, &c.
V. And be it enacted, That it shall not be lawful for the same Person to be appointed, after the First Day ofJanuary One thousand eight hundred and forty-five, Secretary of the Grand Jury and Clerk of the Peace, or Clerk of the Crown, or Treasurer of any County, or Collector of Grand Jury Cess, or Inspector of Gaols; and in case the Secretary of the Grand Jury shall at any Time refuse or neglect to perform any of the Duties imposed upon him by the Provisions of this Act, such Secretary being convicted thereof before the Judge of the Court of Queen's Bench, shall for such Refusal or Neglect forfeit any Sum not exceeding Fifty Pounds, at the Discretion of such Judge; and no Presentment shall be made of any Salary to him.
VI Lord Lieutenant shall appoint Number of Districts for Surveyors, and Salaries.
VI. And be it enacted, That it shall be lawful for the Lord Lieutenant, by Order in Council, at any Time and from Time to Time hereafter, to require and direct the Grand Jury of the said County, at theEaster or Michaelmas Term next following the making of such Order, to divide the said County into as many Road Districts as in and by such Order shall be directed, or to alter any Districts, and fix and declare the Salary of the Surveyors to be appointed for each District, and the Scale by which such Salary shall be at any Timeaugmented; and the said Grand Jury shall thereupon declare and define by Presentment, the Boundary of each such District, and set forth the Townlands or Denominations to be contained therein; provided, however, that no Barony shall be divided, but the whole of each Barony shall be place in OneDistrict; and the Presentment for such Division or Alteration of Division of the County shall be laid before the Court, and fiated with the other Presentments; and from and after the fiating of such Presentment the several Districts to be formed shall be and constitute the Road Districts respectively...
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