Local Government (Ireland) Act 1898

JurisdictionUK Non-devolved
Citation1898 c. 37
Year1898


Local Government (Ireland) Act, 1898

(61 & 62 Vict.) CHAPTER 37.

An Act for amending the Law relating to Local Government in Ireland, and for other purposes connected therewith.

[12th August 1898]

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:

I County Councils.

PART I.

County Councils.

Constitution.

Constitution.

S-1 Establishment of county councils.

1 Establishment of county councils.

1. A council shall be established in every administrative county, and be entrusted with the management of the administrative and financial business of that county, and shall consist of a chairman and councillors.

S-2 Election and qualification of councillors.

2 Election and qualification of councillors.

(1)2.—(1.) The councillors of a county shall (subject to the provisions herein-after contained with respect to additional members) be elected by the local government electors for the county.

(2) (2.) The councillors shall hold office for a term of three years and shall then retire together, and their places shall be filled by a new election.

(3) (3.) The number of councillors and the divisions in every county for their election (in this Act referred to as county electoral divisions) shall be those provided by an order of the Local Government Board made before the first day of January next after the passing of this Act, subject after the first election to alteration in manner provided in pursuance of this Act:

Provided that—

(a ) One councillor only shall be elected for each county electoral division except where an urban district forming one such division returns more than one councillor; and

(b ) The county electoral divisions shall be arranged with a view to the population of each division being, so nearly as conveniently may be, equal, regard being had to a proper representation both of the rural and urban population, and to the distribution and pursuits of such population, and to the last published census for the time being, and to evidence of any considerable change of population since such census.

(4) (4.) At an election for a county, each elector may give in a county electoral division one vote and no more, or in case of an urban district forming one county electoral division and returning more than one councillor, one vote and no more for each of any number of persons not exceeding the number of councillors to be elected for that division, and shall not vote at the same election in more than one county electoral division of the county.

(5) (5.) A person shall not be qualified to be elected or to be a councillor for a county, unless he is a local government elector for such county.

S-3 Additional members and chairman and vice-chairman of county council, and constitution of chairman as justice.

3 Additional members and chairman and vice-chairman of county council, and constitution of chairman as justice.

(1)3.—(1.) The chairman of every rural district council (established under this Act) within the county shall, by virtue of his office, be an additional member of the county council, but if such chairman is otherwise a member, or is disqualified for election as a member, of the county council, the district council may assign one of their number who is not so disqualified to take during the term of office of that chairman the place of the chairman as additional member of the county council.

(2) (2.) The county council may choose from persons qualified to be councillors one or two persons who shall be additional councillors during the term of office of the council by whom the choice is made.

(3) (3.) The first business of the council after any triennial election shall be the consideration of the question of choosing additional councillors.

(4) (4.) The county council may annually choose a chairman, and if they think fit a vice-chairman, from among the councillors, and the chairman, subject as hereafter provided by this Act, shall, during the term of and by virtue of his office, be a justice of the peace for the county, but before acting as such justice he shall, if he has not already done so, take the oaths required by law to be taken by a justice.

Powers of County Councils and County Court.

Powers of County Councils and County Court.

S-4 Transfer to county council of business of grand jury and county at large presentment sessions.

4 Transfer to county council of business of grand jury and county at large presentment sessions.

(1)4.—(1.) Subject to the provisions of this Act, there shall be transferred to the council of each county all the business of the grand jury not excepted by this section, and all the business of the county at large presentment sessions; and the county council for the purpose of such business shall, save that any fiat or other sanction of a judge shall not be required, have the powers and duties of the grand jury and the said presentment sessions in connexion with the said business, and also such further powers and duties as are conferred on them by or in pursuance of this Act, or as may be necessary for conducting, as an administrative body, the business hereby transferred.

(2) (2.) Nothing in this Act shall transfer to a county council or a member thereof—

(a ) any business relating to bills of indictment or any business of the grand jury at common law relating to crime; or

(b ) any business by this Act transferred to the county court; or

(c ) any power to appoint a visiting committee for a prison.

S-5 Transfer to county court of grand jury business respecting compensation for criminal injuries and amendment of law respecting such compensation.

5 Transfer to county court of grand jury business respecting compensation for criminal injuries and amendment of law respecting such compensation.

(1)5.—(1.) There shall be transferred to the county court the business of any presentment sessions and grand jury in relation to compensation for criminal injuries, that is to say, compensation under the enactments mentioned in Part One of the First Schedule to this Act, and of those enactments section one hundred and thirty-five and the following sections of the Grand Juries Act, 1836 , so far as unrepealed, shall extend to the case of maliciously setting fire to, destroying, or injuring property of any description, whether real, or personal, in like manner as they apply to the setting fire to, injuring, or destroying the particular descriptions of property specified in the first-mentioned section: Provided that this Act shall not extend the application of the said sections to any case except where the malicious act done was a crime punishable on indictment under the Malicious Damage Act, 1861 .

(2) (2.) Upon an application for such compensation, the county court may either refuse the application, or make a decree against the county council, and, if the decree is made, shall have the power of a judge of assize under section one hundred and forty of the Grand Juries Act, 1836 , with respect to the apportionment of the compensation.

(3) (3.) Any person claiming compensation in a county may apply to the county court, and the council for the county and the council for the district in or within one mile from the boundary of which county or district the injury is alleged to have been committed, and also any person paying poor rate in that county may, as well as the applicant, appear and be heard by the county court in relation to the application.

(4) (4.) Any person or council who appeared, or though not actually appearing was entitled to appear, before the county court in relation to such application, and also, where the area off which the compensation awarded is to be levied is less than the whole county, the council for any county district comprising all or any part of that area, may, if aggrieved by the refusal or decree of the county court, appeal to the judge of assize, and, subject to this Act and to rules of Court, the County Courts (Ireland) Acts, 1851 to 1889, shall, except in so far as they require security to be given, apply in like manner as in the case of any other appeal; and the judge may vary the decree in respect of the area off which the compensation is to be levied as well as in respect of other matters.

(5) (5.) The judge of assize upon any such appeal shall, in addition to any other power, have power if he thinks fit to empanel a jury to try any issue of fact arising on the appeal, and such jury shall, if any party to the proceedings so requires, be a special jury.

(6) (6.) The county court and judge of assize respectively may award costs to or against any party to any proceedings under this section.

(7) (7.) Rules of court may regulate the practice and procedure under this section, including costs, and the service of all preliminary notices, and the time within which any proceedings are to be had or taken; and in particular such rules shall provide that non-compliance with any of the rules shall not render any proceedings void unless the court or judge of assize so direct, but the time may be extended and the proceedings may be set aside either wholly or in part, or be amended or otherwise dealt with, in such manner and upon such terms as the court or judge may think just.

(8) (8.) Save so far as fees are taken by an existing clerk of the peace for his own use, court fees shall not be payable in any proceedings in the county court under this section.

(9) (9.) The enactments mentioned in Part One of the First Schedule to this Act and this section shall extend to the whole of Ireland so far as they do not already so extend.

S-6 Transfer to county council of business of boards of guardians as to poor rate, cattle diseases and explosives.

6 Transfer to county council of business of boards of guardians as...

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