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Special Presentment Ses

sions may make Presentments

Works to be raised by Instalments off Barony, &c.

wherein Works are situated.

Sections, or Elevations in respect of the several Works to which such Report shall relate, as soon thereafter as the same can conveniently be prepared, to the Secretary of the Grand Jury; and the said Justices and Cess-payers shall appoint the Manner in which Notice for the Receipt of Tenders and Proposals for the Execution of such Works shall be given, and the Period during which they shall be received, and shall adjourn such Special Presentment Sessions until an early Day, to be then holden for the opening of such sealed Tenders and Proposals, such Day not being later than Thirty Days from the Day of such Adjournment.

V. And be it enacted, That the Justice or Justices and Cesspayers assembled at any Special Presentment Sessions held under the Provisions of this Act are hereby authorized and empowered for completing to make Presentments for the Completion of such Public Works within the Barony or Half Barony for which such Special Presentment Sessions shall be held, to be raised, if such Justice or Justices and Cess-payers shall so think fit, by Instalments, not exceeding Twenty in Number, as the said Justice or Justices and Cesspayers shall direct, with Interest at the Rate of Five Pounds per Centum per Annum to be levied off the respective Baronies or Half Baronies within which such Works shall be respectively situate, and properly chargeable therewith: Provided always, that the Amount to be presented for any such Work shall not in any Case exceed the Residue or Balance remaining unexpended of the Amount authorized to be applied to the Execution of such Work by the Commissioners of Her Majesty's Treasury under the Provisions of the said first-recited Act.

Limiting

Amount presented.

Schedule of Works to be submitted to Lord Lieutenant for his Sanction and Approval, and the same not to

be undertaken under this Act without his Consent.

Secretary of Grand Jury to notify, by public Advertise

ment, his Readiness to receive Tenders for the Execution of Works, and shall furnish

Forms for the

same.

VI. And be it enacted, That the Secretary of the Grand Jury for each County wherein Special Presentment Sessions shall have been held under the Provisions of this Act shall cause to be made out, as soon thereafter as the same can be conveniently prepared, and shall sign with his Name, a Schedule specifying each Work which shall have been duly approved and presented at any such Special Presentment Sessions, and the Sum so presented for the same, and shall transmit the same to the Lord Lieutenant or other Chief Governor or Governors of Ireland, for his Sanction and Approval; and it shall be lawful for the said Lord Lieutenant or other Chief Governor or Governors, if he or they shall so think fit, to signify to the Secretary of the Grand Jury, by a Certificate under the Hand of the Chief Secretary or Under Secretary of the Lord Lieutenant, his or their Approval or Disapproval of such Works or any Part thereof; and no Work or Part thereof which shall be so disapproved of by the said Lord Lieutenant or other Chief Governor or Governors shall be undertaken or executed under the Provisions of this Act.

VII. And be it enacted, That the Secretary of the Grand Jury shall, upon being furnished by the County Surveyor with the Specification or Form of Tender for the Execution of any such Work as aforesaid, and the Maps, Plans, Sections, and Elevations belonging thereto, notify, by public Advertisement or otherwise, in such Manner as the Justices and Cess-payers at such Special Presentment Sessions shall have directed, his Readiness to receive sealed Tenders and Proposals for the Execution of any such Work during such Period as shall have been appointed by the same

Authority

Tenders to be
opened and

entered into
with the Party
making the

lowest Pro-

posal.

VIII. And be it enacted, That at the Meeting of each such At adjourned

adjourned Special Presentment Sessions as aforesaid the Secretary Sessions
of the Grand Jury shall in open Court produce, duly numbered
and arranged, and with the Seals unbroken, all the Tenders and Contract
Proposals which may have been delivered to him, and shall open
consecutively all those relating to the same Public Work; and so
soon as the lowest Proposal made for the Performance of each
such Work shall be ascertained the Party making such Proposal
and his Sureties shall be called, and if the said Party and his
Sureties shall appear, and shall satisfy the Justices and Cess-
payers at such Sessions, upon Oath, or otherwise, of the Suffi-
ciency and Ability of each and every of them to answer and
make good the Penalty herein-before specified for the Nonper-
formance of such Contract, and that such Proposal has not been
made for any unfair or fraudulent Purpose, and shall thereupon
enter into Security for the due Performance of such Contract,
conditioned in such Penalty as aforesaid, such Proposal shall be
accepted, and the Party making the same shall be declared entitled
to execute the Work to which such Proposal may refer, unless
there shall appear some Reason for rejecting it; but if the Party
making such Proposal and his Sureties shall not appear when
called, or shall fail to satisfy the Justices and Cess-payers at such
Sessions in any of the Particulars aforesaid, or shall decline to
enter into such Security as aforesaid, or if the Presentment Ses-
sions shall see Cause to reject it, then and in such Case the Pro-
posal of the Party making Default as aforesaid shall be deemed
null and void to all Intents and Purposes whatsoever, and the
next lowest Proposal shall be ascertained and dealt with in the
same Manner, and so on until the said Security shall be entered
into, and the Contract duly completed: Provided always, that if If no Tender,
no Proposal shall be made in respect of any Work as so approved &c. be made,
by the Lord Lieutenant within the Time limited for receiving

such

or approved of,
the Work may

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veyor, who shall cause the same

to be executed.

given in charge such Proposal, or if no Proposal or Tender for such Work shall to County Sur- be approved of by such Special Presentment Sessions, it shall and may be lawful for the said Special Presentment Sessions, if they think proper, to give such Work in charge to the County Surveyor, with Power to expend a Sum not exceeding the Maximum so approved and fixed as aforesaid; and such County Surveyor shall cause such Work to be executed, and shall account for the Execution thereof to the Grand Jury at the following Assizes.

Form of Security.

Secretary of the Grand Jury shall keep a

Book with Par

tracts;

and shall prepare Schedules.

IX. And be it enacted, That such Security so to be entered into by Contractors under this Act and their Sureties shall be a Recognizance to Her Majesty, Her Heirs and Successors, and of like Force, Validity, and Effect as other Recognizances made to the Queen's Majesty; and at such adjourned Special Presentment Sessions any Justices present, or the Chairman, are and is hereby authorized to take such Recognizance, and the Secretary of the Grand Jury shall prepare the same, and come provided therewith, so as to prevent Delay; and the Expense of preparing the same, not exceeding Sixpence, shall be defrayed by the Party or Parties entering thereinto; and such Recognizances shall be preserved in Custody of such Secretary until the Condition of such Recog. nizance shall have been fulfilled, and shall then be delivered up to the Contractor or Contractors therein named, or to any Person by him or them duly authorized, to be cancelled.

X. And be it enacted, That the Secretary of the Grand Jury shall have charge of all such Contracts as aforesaid, and shall provide and keep a Book in which he shall insert an Abstract of ticulars of Con- all such Contracts, setting out the Names of the several Contractors, and the Particulars of each Contract, and all Contracts so entered in such Book shall be numbered, and every such Book shall have an alphabetical Index referring to the Number of each Contract; and such Secretary of the Grand Jury shall, as soon as may be afterwards, prepare Schedules of all Reports and Certificates for Works so contracted for, approved of and presented for as aforesaid, and cause the same to be printed and distributed in the same Manner as he is by the said recited Act of the Sixth and Seventh Years of the Reign of King William the Fourth required to do with respect to Applications approved of at Presentment Sessions, and shall immediately thereafter deliver all such Reports of Works so presented for to the Clerk of the Crown for the County to which the same shall relate, who shall preserve the same, and within Seven Days after such Delivery deliver to the Treasurer of such County, without Fee or Reward, a Copy thereof, attested upon Oath, and signed by himself; and such Treasurer shall return the same to the Foreman of the Grand Jury, at the Time when they shall be first impannelled at the ensuing Spring Assizes; and all and every the Powers, Authorities, or Provisions given or contained in the said last-mentioned Act in relation to Works, or the Execution of the same, and the raising or levying the Expense of the same, shall, as far as the same are applicable, and not inconsistent with this Act, extend and be applied in relation to the Works to be executed under this Act; and the several Forms in the Schedule to the said last-mentioned Act contained shall be used and applied, or altered and made applicable, as

Occasion

Occasion may require, in or in relation to the several Proceedings under this Act.

Works to be

XI. And be it enacted, That the Secretary of the Grand Jury Money for for each such County as aforesaid, upon receiving the Certificate Completion of of Approval of the Lord Lieutenant or other Chief Governor or Governors of any Public Works for which Presentments shall raised by com. pulsory Payhave been made under the Provisions of this Act, or of any Part ment. thereof, shall lay before the respective Grand Jury, at the next Assizes or Presenting Term, such Certificate of Approval, together with a Schedule under his Hand, attested upon Oath, of the respective Presentments for the Works as so approved, or in part approved, by the Lord Lieutenant, which shall have been contracted for or given in charge to the County Surveyor as aforesaid, and also specifying the respective Sums so under the Provisions of this Act required to be raised for such Works so wholly or in part approved and contracted for or given in charge within any such Barony or Half Barony respectively, and the Number and Amount of Instalments, if any, in which every such Sum respectively is by such Presentment so approved to be raised, with Interest thereon as aforesaid; and it shall be lawful for every such Grand Jury, and they are hereby required, to present the Sum or Instalments, as the Case may be, mentioned in every such Certificate of Approval and Schedule in the Manner therein approved and described, to be raised off the respective Baronies or Half Baronies, as the Case may be, within which such Works shall be respectively situate: Provided always, that if the Grand Jury of any County shall fail to present the Sum, or any Part thereof, or the Instalment, as the Case may be, specified in any such Certificate and Schedule, the Treasurer of such County shall and he is hereby required to insert such Sum, or such omitted Part thereof, or such Instalment, as the Case may be, in his Warrant for raising the Monies presented at the same Assizes, as if such Sum or Instalment had been duly presented by such Grand Jury to be raised off such Barony or Half Barony as aforesaid, and the Sum or Instalment shall be raised and levied off such Barony or Half Barony accordingly, as if the same had been so presented; and in the Case of Sums to be so raised by Instalments such respective Treasurer shall and he is hereby required, in like Manner, and without further Presentment or Authority in that Behalf, to insert a like Instalment or Sum payable for each such Work as so approved and described in such Čertificate and Schedule in his Warrant for raising and levying the Sums presented at each succeeding Assizes, until the whole Sum respectively payable for each such Work as so approved shall, with Interest as aforesaid, be so raised and levied off the respective Barony or Half Barony as aforesaid, and the same shall be raised and levied accordingly; and all the Provisions of the said recited Act of the Sixth and Seventh Years of His late Majesty King William the Fourth, with reference to the raising, Applotment, Collection, Levy, or Recovery of Grand Jury Cess, and the Payment of the same by the Treasurer, shall, as far as the same are applicable, apply to all such Sums of Money so inserted in such Warrant.

XII. And be it enacted, That it shall and may be lawful for County Trea the Treasurer of any County in which Presentment shall have been surer may bor

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made for the Completion of any Work under the Provisions of this Act, and which or any Part of which shall have been so approved by the said Lord Lieutenant or other Chief Governor or Governors, to borrow, upon the Security of the Presentment herein-before mentioned, any Sum not exceeding the Amount that the said Lord Lieutenant shall have approved for the Purpose of completing any such Work as aforesaid, with such Interest thereon as shall be stated in the Presentment for such Work as is hereinbefore mentioned; and if any Person shall agree with the said Treasurer to lend or advance the Amount of such Presentment, or of any Instalment thereof, for the Purposes of this Act, and shall pay the same into the Bank with which the said Treasurer has his public Account, to the Credit of the said Account, it shall be lawful for the said Treasurer to give to him a Draft upon the said Bank for the Amount of such Presentment or Instalment thereof as he shall so advance, and which Draft shall be countersigned by the Clerk of the Crown of the said County, and shall be made payable to the Payee or his Order, with such Interest as aforesaid, at the Assizes at which the said Presentment or Instalment ought to be paid under the Provisions of this Act; and any Sum or Sums which shall be lent or advanced as aforesaid shall be paid and applied by the said Treasurer in like Manner as the said Presentment or Instalment is directed to be applied under the Provisions of this Act.

XIII. And be it enacted, That in Cases where the Cost of completing and executing any Work as aforesaid shall exceed Twenty Pounds it shall and may be lawful for the Justices or Justice and Cess-payers, at any such Special Presentment Sessions, to authorize the Treasurer of the County, out of any Funds which he may have under his Control, to advance from Time to Time during the Execution of the Work to the Contractor or County Surveyor to whom any such Work shall be given in charge as aforesaid, and presented under this Act, upon his Application, any Sum or Sums not exceeding in the whole Three Fourths of the Costs of such Work: Provided always, that no such Advances shall be made by such Treasurer unless such Application shall be accompanied by a Certificate attached thereto, and signed by the County Surveyor, that more than the Sum applied for by such Contractor in addition to any previous Advances made to him for such Work has been fairly and honestly expended upon the Work conformably to the Contract.

XIV. And be it enacted, That any Person who may have contracted for the Execution of any Work under this Act may, on the Completion of the Work for which he may have contracted, if completed within the Year One thousand eight hundred and forty-eight, give Notice thereof by Post, addressed to the County Surveyor at his Office, who shall, either by himself or by his Assistants, within Fifteen Days from the Receipt of such Notice, examine the Work so represented to be completed, and in case he shall be fully satisfied of the due Execution of such Work, but not otherwise, shall grant his Certificate of Approval thereof to such Contractor, which Certificate shall set forth the Amount to be paid, and the Description and Number of the Contract on account of which Payment is to be made.

XV. And

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