Borough Funds (Ireland) Act 1888
| Jurisdiction | UK Non-devolved |
| Citation | 1888 c. 53 |
| Year | 1888 |
Borough Funds (Ireland) Act, 1888
(51 & 52 Vict.) CHAPTER 53.
An Act to authorise the application of Funds of Municipal Corporations and other Governing Bodies in Ireland in certain Cases.
[24th December 1888]
Be it 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, as follows:
1 Short title.
1. This Act may be cited for all purposes as theBorough Funds (Ireland) Act, 1888.
2 Interpretation of terms.
2. The term ‘governing body’ in this Act shall mean the council of any municipal borough, the urban sanitary authority, town or township commissioners, or other body acting under any general or local Act of Parliament for the management, improvement, cleansing, paying, lighting, and otherwise governing places or districts; the term ‘district’ shall mean the borough, place, township, or district within which the governing body may for the time being have jurisdiction; the term ‘Local Government Board’ shall mean the Local Government Board for Ireland; and the term ‘Chief Secretary’ shall mean the Chief Secretary for the time being to the Lord Lieutenant of Ireland.
3 Costs of promoting or opposing parliamentary and other proceedings for benefit of inhabitants to be charged on borough and local funds, except in certain cases.
3. When in the judgment of a governing body in any district it is expedient for such governing body to promote or oppose any local and personal Bill or Bills in Parliament, or to prosecute or defend any legal proceedings necessary for the promotion or protection of the interests of the inhabitants of the district, it shall be lawful for such governing body to apply the borough fund, borough rate, or other the public funds or rates under the control of such governing body, to the payment of the costs and expenses attending the same; and when there are several funds or rates under the control of the governing body, such governing body shall determine out of which fund or funds, rate or rates, such expense shall be payable, and in what proportions: Provided that nothing contained in this Act shall authorise any governing body to promote any Bill in Parliament for the establishment of any gas or water works to compete with any existing gas or water company established under any Act of Parliament: Provided also that no powers contained in this section shall apply in any case where the promotion of or opposition to a Bill by a governing body has been decided by a Committee of either House of Parliament to be unreasonable or vexations.
4 No payment to member of governing body to be so charged.
4. No payment to any member of a governing body for acting as counsel or agent in promoting or opposing any such Bill shall be charged as aforesaid.
5 Costs of promoting or opposing Bills to require sanction of special meetings, and Local Government Board or Chief Secretary.
5. No expense in relation to promoting or opposing any Bill or Bills in Parliament shall be charged as aforesaid unless incurred in pursuance of a resolution of an absolute majority of the whole number of the governing body at a meeting of the governing body, after ten clear days notice by public advertisement of such meeting and of the purpose thereof in some newspaper published or circulating in the district; such notice to be in addition to the ordinary notices required for summoning such meeting: nor unless such resolution shall have been published twice in some newspaper or newspapers circulating in the district, and shall have received, in respect of matters within the jurisdiction of the Local Government Board the approval of such Board, and in respect of other matters the approval of the Chief Secretary; and in case of the promotion of a Bill in Parliament no further expense shall be incurred or charged as aforesaid after the deposit of the Bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held in pursuance of a similar notice not less than fourteen days after the deposit of the Bill in Parliament. In submitting a resolution to the Local Government Board or the Chief Secretary, the governing body shall supply all such information concerning the matters in question as may appear necessary to the Local Government Board or the Chief Secretary, as the case may be.
6 Provision as to approval of Local Government Board, &c.
6. The approval of the Local Government Board, or of the Chief Secretary, as the case may be, shall not be given to any such resolution as aforesaid until the expiration of seven days after the second publication thereof as provided by this Act, and in the meantime any person qualified to vote at the election of the governing body of such district may give notice in writing to the Local Government Board, or the Chief Secretary, objecting to such approval.
Provided always that such approval shall be given within one calendar month after the expiration of the said seven days, unless where the Local Government Board or Chief Secretary, as the case may be, shall deem it expedient, before giving such approval, to direct a local inquiry to be held as herein-after provided, in which case such direction shall be given within the said calendar month; and in the event of a local inquiry being directed the Local Government...
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