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held in such Barony or Half Barony, for the Purposes of an Act passed in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland; and such Meeting shall be held at the Place appointed for the holding of such Special Presentment Sessions, at such Time as shall be specified in such Notice, not being sooner than Seven Days from the Time of posting such Notice, and at such Meeting the Secretary of the Grand Jury shall attend; and the said Justices and Cesspresent at such payers, or so many of them as shall be present at such Meeting, Meeting to con- shall constitute a Special Presentment Sessions for the Purposes stitute a Special of this Act: Provided always, that before such Meeting shall Presentment be convened the said Justices authorized to convene the same Purposes of this shall inquire from the County Surveyor and determine the most convenient Time for holding such Meeting, having regard to the Report to be made to such Meeting by such County Surveyor, under the Provisions herein-after contained.

Justices and
Cess-payers

Sessions for the

Act.

Provisions of

6 & 7 W. 4.

c. 116. to extend, so far as

same are applicable, to Special

Presentment Sessions convened under this Act.

7 W. 4. &
1 Vict. c. 2.

County Sur

II. And be it enacted, That all and every the Provisions contained in the said recited Act of the Sixth and Seventh Years of the Reign of the said King William the Fourth, relative to the Selection of a Chairman, and the Powers, Duties, and Authorities of such Chairman at Presentment Sessions, and relative to the Powers, Duties, and Authorities of Justices and Cess-payers respectively at Presentment Sessions, shall, as far as the same are applicable, extend to all Special Presentment Sessions to be held under this Act, and to the Proceedings to be had thereat; and that all and every the Provisions contained in the said recited Act relating to the Declarations to be made by the Justices and Cess-payers respectively who shall act at any Presentment Sessions, and also relating to the Powers, Duties, and Authorities of the Secretaries of Grand Juries, County Surveyors, Clerks of the Crown, Clerks of the Peace, and all other Officers respectively, shall, as amended by an Act passed in the Seventh Year of the Reign of His said late Majesty, intituled An Act to amend an Act passed in the Seventh Year of the Reign of His present Majesty, for consolidating and amending the Laws relating to the Presentment of Public Money by Grand Juries in Ireland, as far as the same are applicable or may be necessary for carrying out the Provisions of this Act, and not inconsistent with such Provisions, extend to all Proceedings respectively to be had under the Provisions of this Act, in as full and ample a Manner, to all Intents and Purposes, as if the same were herein repeated and enacted, unless where other Provisions are hereby substituted; provided that in any Declaration to be made by any such Justice or Cess-payer the Title of this Act shall be inserted, together with the Title of the said Act of the Sixth and Seventh Years of King William the Fourth.

III. And be it enacted, That the County Surveyor shall veyor to report report to the Special Presentment Sessions which shall be held

to Special Pre

for

sentments and

Vict. c. 107.,

for any such Barony or Half Barony in Ireland under the Pro sentment Ses visions of this Act the Nature and Description of any Public sions held for Works for which Presentments shall have been made at any Half Barony any Barony or Extraordinary Presentment Sessions held for such Barony or the Works for Half Barony, and the Expence of which, or any Part thereof, which Preshall be chargeable thereon, and in respect to which Advances at Advances have shall have been made by the Commissioners of Her Majesty's been made Treasury under the Provisions of the said recited Act of the under 9 & 10 Ninth and Tenth Years of the Reign of Her present Majesty, remaining and which Public Works, or any Part thereof, shall still remain unfinished in unfinished; and such Report shall be prepared by such County the same. Surveyor with all possible Expedition after the passing of this What such Act, and shall contain a Description of the said Public Works, Report shall and the Townland, Barony, or Half Barony wherein the same are situate, and shall specify the Amount which has been authorized by the Commissioners of Her Majesty's Treasury to be applied to the Execution of such Works under the Provisions of the said last-mentioned Act, and the Amount thereof which shall remain unexpended, and the probable Expence of completing such Works, and the Utility thereof, and the Barony or Half Barony by which the Expence of completing the same should be defrayed.

contain.

sions to decide

not to be com

Sessions decide

veyor to pre

IV. And be it enacted, That at the Special Presentment Special PreSessions held for any Barony or Half Barony under the Pro- sentment Sesvisions of this Act the Justices and Cess-payers associated in the whether any Business of such Sessions shall take such Report into consider- such Works ation, and decide by a Majority of Votes on the Merits of the ought or ought Works specified therein, and whether the same ought or ought pleted under not to be completed, and whether wholly or in part, or condi- the Provisions tionally in the event of the Expence thereof not exceeding a of this Act. certain specified Sum, and what Modification thereof, if any, If Presentment may be proper; and if such Justices and Cess-payers approve that such of the Completion of any such Work, either wholly or in part, Works ought or conditionally, or of any Modification thereof, they shall direct to be completed, the County Surveyor to prepare a proper Form of Tender for County Surthe Execution of the same, together with such Specifications, pare Tenders, Maps, Plans, Sections, or Elevations as may be necessary, ex- &c. pressing the Nature and Extent of such Work, and in case the same shall be a public Road, the Quantity per Perch and the Description of the Material proper to be employed in performing and executing the same, and the Term within which such Work ought to be completed, and such other Particulars as the said Justices and Cess-payers shall think fit; and such Chairman shall endorse on such Report the Decision of the said Justices and Cess-payers in respect of the Works described therein, and shall sign his Name thereto, and deliver such Report, so endorsed, to the Secretary of the Grand Jury, and such County Surveyor shall deliver such Forms of Tender, Specifications, Maps, Plans, 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

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Special Presentment Ses

sions may

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 make Present the Provisions of this Act are hereby authorized and empowered 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 Cess-payers 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

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

wherein Works are situated. Amount presented not to

Amount.

exceed a certain 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.

Schedule of Works to be submitted to Lord Lieutenant for his Sanction and

the same not to be under

taken under

this Act with

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 conveApproval, and niently 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 out his Consent, 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.

Secretary of Grand Jury to notify, by public Advertisement his Readiness

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 Tenders for the or otherwise, in such Manner as the Justices and Cess-payers

to receive

at

shall furnish

at such Special Presentment Sessions shall have directed, his Execution of Readiness to receive sealed Tenders and Proposals for the Works, and Execution of any such Work during such Period as shall have Forms for the been appointed by the same Authority for the Reception of the same. same, and the Time to which such Sessions has been adjourned for the opening of such Tenders and Proposals, and that Forms thereof may be obtained at his Office; and such Secretary shall accordingly prepare a sufficient Number of Forms of such Tenders and Proposals, and furnish to any Person who shall demand the same a Copy thereof, receiving therefor the reasonable Cost of preparing the same, not exceeding the Sum of Sixpence; and each of such sealed Tenders and Proposals shall Contents of contain a Statement of the lowest Sum for which the Party Tenders, &c. making such Proposal is willing to contract for the Performance of the Work or Works specified and described in such Notification, and shall be subscribed with the Name, Description, and Residence of the Party so desirous to enter into such Contract, and also the Names, Descriptions, and Residences of not less than Two sufficient Persons willing to be bound jointly and severally with him for the due and faithful Performance of the said Contract within the Time and in the Manner thereby prescribed, in a penal Sum double the Amount of the said Sum specified in such Presentment; and all Maps, Plans, Sections, and Specifications relating to any such Work, prepared by the County Surveyor, shall be open to public Inspection in the Office of such Secretary, without Fee or Reward.

Tenders to be

with the Party

VIII. And be it enacted, That at the Meeting of each such At adjourned adjourned Special Presentment Sessions as aforesaid the Secre- Sessions tary of the Grand Jury shall in open Court produce, duly opened and numbered and arranged, and with the Seals unbroken, all the Contract Tenders and Proposals which may have been delivered to him, entered into and shall open consecutively all those relating to the same making the Public Work; and so soon as the lowest Proposal made for lowest Prothe Performance of each such Work shall be ascertained the posal. 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 Sufficiency and Ability of each and every of them to answer and make good the Penalty hereinbefore specified for the Nonperformance 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 Sessions shall A 4

see

made, or approved of by

see Cause to reject it, then and in such Case the Proposal 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, If no Tender or and the Contract duly completed: Provided always, that if no Proposal be Proposal shall be made in respect of any Work as so approved by the Lord Lieutenant within the Time limited for receiving such Proposal, or if no Proposal or Tender for such Work shall 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.

Special Presentment Sessions, the Work may

be given in charge to County Sur

veyor, who shall

cause the same

to be executed.

Form of Security.

Secretary of the Grand Jury shall keep a

Book with Par

tracts;

and shall pre

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 Expence 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 Recognizance 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 ticulars of Con- of 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 pare Schedules. 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

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