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LOCAL GOVERNMENT (IRELAND) ACT 1871
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CHAPTER CIX.
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An Act to amend the Law relating to the Local Government of Towns and populous Places in Ireland.[1]
[21st August 1871.]
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[Ss. 1–10 rep. 41 & 42 Vict. c. 52. s. 294.]
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Audit of Accounts.
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Audit of accounts.
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11. The accounts of the receipts and expenditure of the governing body of every town in Ireland, except the boroughs or municipalities of Cork, Kilkenny, and Waterford, shall be audited and examined once in every year by the auditor of accounts relating to the relief of the poor for the union in which such town or the greater part thereof is situate, unless such auditor be a contractor for any articles or things supplied to, or be a member of the governing body of such town, or unless such auditor is unable to undertake the duties incident to such audit, in any of which cases such accounts shall be audited by such auditor of accounts relating to the relief of the poor for any other union, or by such other person as may, from time to time, be appointed by the Chief Secretary for that purpose.
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Duties of auditor; and appeal against decision of auditor.
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12. Every auditor acting in pursuance of this Act shall examine into the matter of every account which is to be audited by him, and shall disallow and strike out of every such account all payments, charges, and allowances made by any person and charged upon the funds of any town contrary to law, or which he deems to be unfounded, and shall surcharge the same upon the person making or authorizing the making of the illegal payment, and shall certify the same to be due from such person, and upon application by any party aggrieved shall state in writing at the foot of such account the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made; and it shall be lawful for every person aggrieved by any such allowance and for every person aggrieved by such disallowance or surcharge, if such last-mentioned person have first paid or delivered over to any person authorized to receive the same all such money, goods, and chattels as are admitted by his account to be due from him or remaining in his hands, to apply to the Court of Queen’s Bench for a writ of certiorari to remove into the said court the said allowance, disallowance, or surcharge, in the like manner and subject to the like conditions as are provided in respect of persons suing forth writs of certiorari for the removal of orders of justices of the peace, except that the condition of the recognizance shall be, to prosecute such certiorari, at the costs and charges of such person, without any wilful or affected delay, and if such allowance, disallowance, or surcharge be confirmed, to pay to such auditor or his successor, within one month after the same may be confirmed, his full costs and charges, to be taxed according to the course of the said court, and except that the notice of the intended application, which shall contain a statement of the matter complained of, shall be given to such auditor or his successor, who shall in return to such writ return a copy under his hand of the entry or entries in such book of account to which such notice shall refer, and shall appear before the said court, and defend the allowance, disallowance, or surcharge so impeached in the said court, and shall be reimbursed all such costs and charges as he may incur in such defence out of the rates which the governing body of the town interested in the decision of the question have power to make, unless the said court make any order to the contrary; and that on the removal of such allowance, disallowance, or surcharge, the said court shall decide the particular matter of complaint set forth in such statement, and no other; and if it appear to such court that the decision of the said auditor was erroneous, they shall, by rule of the court, order such sum of money as may have been improperly allowed, disallowed, or surcharged to be paid to the party entitled thereto by the party who ought to repay or discharge the same; and they may also, if they see fit, by order of the court, direct the costs of the person prosecuting such certiorari to be paid out of rates which the governing body have power to make, as to such court may seem fit; which orders of court respectively shall be enforced in like manner as other orders of the said court are enforceable.
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Provided always, that it shall be lawful for any person aggrieved as aforesaid by any allowance, disallowance, or surcharge, in lieu of making application to the Court of Queen’s Bench for a writ of certiorari, to apply to the Chief Secretary to inquire into and to decide upon the lawfulness of the reasons stated by the auditor for such allowance, disallowance, or surcharge, and it shall thereupon be lawful for the Chief Secretary to issue such order therein, under his hand, as he may deem requisite for determining the question.
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As to recovery of disallowances.
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13. Every sum certified to be due from any person by the auditor under this Act shall be paid by such person to the treasurer of the governing body within fourteen days after the same shall have been so certified, unless there be an appeal against the decision; and if such sum is not so paid, and there is no such appeal, the auditors shall recover the same from the person against whom the same has been certified to be due, by the like process and with the like powers as in the case of sums certified upon the audit of the poor rate accounts, and shall be paid by the governing body all such costs and expenses, including a reasonable compensation for his loss of time incurred by him in such proceedings, as are not recovered by him from such person.
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Power of auditor to summon witnesses, &c.
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14. For the purpose of any audit of accounts under this Act, every auditor may, by summons in writing, require the production before him of all books, deeds, contracts, accounts, vouchers, and all other documents and papers which he may deem necessary, and may require any person holding or accountable for any such books, deeds, contracts, accounts, vouchers, documents, or papers to appear before him at any such audit or any adjournment thereof, and if thereunto required by such auditor to verify on oath or affirmation (which oath or affirmation every such auditor is hereby authorized to administer or take) the truth of all such accounts and statements from time to time respectively, or subscribe a declaration as to the correctness of the same.
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Penalties for giving false evidence, or refusing to give evidence.
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15. If any person upon any examination under the authority of this Act shall wilfully give false evidence, or wilfully make or subscribe a false declaration, he shall on being convicted thereof suffer the pains and penalties of perjury; and if any person shall refuse or wilfully neglect to attend in obedience to any summons of any auditor, or to give evidence, or shall wilfully alter, suppress, conceal, destroy, or refuse to produce any books, deeds, contracts, accounts, vouchers, documents, or papers, or copies of the same, which may be required to be produced for the purposes of this Act, to any auditor authorized by this Act to require the production thereof, every person so offending shall be deemed guilty of a misdemeanor.
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Remuneration of auditor.
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16. Every auditor shall in respect of each audit under this Act be paid, out of the funds of the town in respect of which such audit shall have been held, such reasonable remuneration, not being less than two guineas for every day in which he is employed in such audit, as the governing body of such town may from time to time appoint, together with his expenses of travelling to and from the place of audit.
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Notice of audit, &c.
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17. Before each audit of the accounts of any town under this Act,—
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(1.) The governing body of such town shall, after receiving from the auditor the requisite appointment, give twenty days notice of the time and place at which such audit will be made, by advertisement in some one or more of the public newspapers circulated in such town; and
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(2.) The governing body of such town shall cause a copy of the accounts which are to be audited, together with all books, deeds, contracts, accounts, bills, vouchers, and receipts mentioned or referred to in such accounts, to be deposited in the office of the town clerk, or other proper officer, of every such town, and the same shall be open, during office hours thereat, to the inspection of all persons interested for seven days before the audit; and all such persons shall be at liberty to take copies of or extracts from the same without fee or reward, and the production of the newspaper containing such notice shall be deemed to be sufficient proof of the notice of audit on any proceeding whatever.
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Publication of accounts.
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18. Within fourteen days after the completion of the audit of the accounts of any town the auditor shall report upon the accounts audited and examined, and shall deliver or transmit such report, with an abstract of the accounts, to the Chief Secretary, and a copy of the same to the governing body of such town, and the said governing body shall cause the same to be deposited in the office of the town clerk, or other proper officer, of such town, and shall publish an abstract of such accounts in some one or more of the newspapers circulated in the district in which such town is situate.
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[S. 19 rep. 41 & 42 Vict. c. 52. s. 294.]
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Controverted Elections
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Persons qualified to vote may petition against election.
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20. Where any person who voted or who was qualified to vote at any election of members of the governing body of any town thinks that there was, in respect of the election of any member of such governing body, any undue or unlawful proceeding, or that such member was not at the time of such election duly qualified to act as such, it shall be lawful for such person, within one month after such election, to present a petition to the court complaining of such undue or unlawful proceeding, or that such member was not duly qualified as aforesaid.
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Every such petition shall be in the prescribed form, and shall be delivered to the prescribed officer of the court.
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Every person so petitioning shall within three days after lodging such petition deliver a copy of such petition to the clerk of the governing body, and to any member of such governing body in respect of whose election such petition has been presented.
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At the time of the delivery of the petition to the prescribed officer, or within three days afterwards, security for the payment of all costs, charges, and expenses that may become payable by the petitioner—
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(a.) To any person summoned as a witness on his behalf; or
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(b.) To the member whose election or return is complained of, shall be given on behalf of the person presenting the petition.
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The security shall be to an amount of one hundred pounds; it shall be given either by recognizance to be entered into by any number of sureties not exceeding four, or by a deposit of money in manner prescribed, or partly in one way and partly in the other.
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As soon as conveniently may be after the presenting of such petition and the giving of such security, but not sooner than ten days thereafter, the court or one of the judges thereof shall proceed to inquire into and decide upon the matters and allegations contained in such petition, and shall have power to take evidence upon oath, and to compel the attendance of witnesses, and shall have all and the same powers, jurisdiction, and authority as in other cases coming within the jurisdiction of the court, and shall either confirm the election, or order a new election, or make such order and give such relief in the premises as to them or him may seem right, and such decision and orders shall in all respects be final and conclusive upon all parties.
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Where the court or judge his declared that the election of any member of the governing body of any town was void, such member shall cease to act as such, and there shall be a vacancy in such governing body, which vacancy shall be filled by the election of a new member by the persons qualified to vote at such election, according to the provisions of the special Act in respect of the election of members.
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Rules to be made by court.
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21. The court may from time to time make, and may from time to time revoke and alter, general rules and orders for the regulation of the practice, procedure, and cost of petitions under the authority of this part of this Act, and the trial thereof.
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Any general rules and orders made as aforesaid shall be deemed to be within the powers conferred by this part of this Act, and shall be of the same force as if they were enacted in the body of this part of this Act.
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Any general rules and orders made in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament.
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[Ss. 22, 23 rep. 41 & 42 Vict. c. 52. s. 294.]
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Part II.
Additional and Special Provisions.
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Relating to the Local Government of Towns under the Principal Act or under special Acts incorporating said Act, in whole or in part.
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Construction.
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24. The principal Act,[1]
so far as not inconsistent with this part of this Act, and this Act shall be construed together as one Act.
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On adoption of principal Act in municipal boroughs, property of corporation to vest in commissioners.
3 & 4 Vict. c. 108.
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25. When in any borough in which under the provisions of the Municipal Corporations (Ireland) Act, 1840, there are municipal commissioners acting in the execution of the said Act, the commissioners are elected under the provisions of the principal Act, then all the real and personal estate of such municipal commissioners, and any accumulation thereof, shall, forthwith without any conveyance thereof, vest in the commissioners elected under the provisions of the principal Act, and when such estate and accumulation have so vested in such commissioners the same shall be applied by such commissioners in aid of the rates to be levied by them under the principal Act, and the surplus thereof, if any, shall be applied by them for the public benefit of the inhabitants, and improvement of the borough.
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[S. 26 rep. 46 & 47 Vict. c. 39. (S.L.R.)]
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Alphabetical list of persons entitled to vote.
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27. The clerk to the commissioners, at least fifteen days before the day appointed for the annual election of commissioners in each year, shall make out an alphabetical list of the names of all persons, with their respective residences, entitled to vote at such election in respect of premises within the town as they appear in the rates made for the purposes of the principal Act, and also of all persons entitled to vote at such election in respect of property within the town.
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Such list shall be evidence that the persons therein named are entitled to vote at the next annual election for commissioners, and also at any other election for one or more commissioners which may be held before the next annual list is made out.
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The clerk to the commissioners shall forthwith cause to be printed copies of the list to be made out by him in every year as aforesaid, and shall deliver a copy of such list to all persons requiring the same, on the payment of the sum of one shilling for each copy, and shall cause a copy of such list to be fixed on or near the outer door of the office of the commissioners, and in some other public and conspicuous situation within the town, on every day during the ten days next preceding the day appointed for the election of the commissioners in each year.
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[S. 28 rep. 41 & 42 Vict. c. 52. s. 294.]
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Appeal against Rating.
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Appeals against rates, &c. and orders thereon.
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29. If any person finds himself aggrieved by any rate made by commissioners acting under the principal Act, or any special Act incorporating the said Act in whole or in part, or has any material objection to any person being put in or left out of such rate, or to the sum charged on any person therein, it shall be lawful for such person to appeal to any sessions of the peace to be held in the presence of the chairman of the county in which such commissioners have jurisdiction, within four calendar months next after the cause of such complaint shall have arisen; or if such sessions shall be held before the expiration of one calendar month next after such cause of complaint, then such appeal shall be made to the next following sessions.
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The chairman before whom such appeal shall be brought shall have power to hear and finally determine the matter of any appeal brought before him under this Act, and shall make such order therein as to him shall seem meet, which order shall be final and conclusive upon all parties; and he shall have power to order the name of any person interested or concerned in the event of such appeal, and having had notice thereof, as herein is provided, to be inserted in such rate, and to be rated at such sum or sums of money, or to order the name of any such person to be struck out of such rate, or the sum or sums at which any such person is rated therein to be altered, as the said chairman shall think right: Provided always, that the chairman to whom such appeal shall be made shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal, nor alter any such rate with respect to other persons or matter than are mentioned and specified in the notice of appeal; but if upon an appeal from the whole of any rate it shall be found necessary to quash or set aside the same, the chairman shall quash the same, and shall in that case order the governing body to make a new rate, and they are hereby required to make the same accordingly.
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If upon the hearing of any appeal from any rate under this Act, the chairman shall order the name of any person to be struck out of such rate, or the sum or sums rated on any person to be decreased or lowered, and if it shall be made to appear to the chairman that such person hath previously to the hearing of such appeal paid any sum or sums of money in consequence of such rate which he ought not to have been charged with, then and in every such case the chairman shall order all and every such sum or sums of money to be repaid by the said governing body, together with all reasonable costs, charges, and expenses occasioned by such person having been required to pay the same, to be recovered as penalties and forfeitures under this Act, in virtue of the provisions of which such rate shall have been made.
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The person so appealing shall give or cause to be given at least fourteen days notice in writing of his or their intention of appealing as aforesaid, and of the matter or cause thereof, to the clerk of the commissioners, and the chairman upon the hearing of such appeal shall not examine or inquire into any other cause or ground of appeal than such as is stated and specified in the notice of appeal; and if any person shall appeal against a rate because any other person is rated therein at any greater or less sum than the net annual value of the hereditaments in respect of which such other person shall be rated, or for any cause that shall require any alteration to be made in such rates with respect to any other person, then and in every such case the person so appealing shall give such notice of appeal as aforesaid not only to the said clerk, but also to every other person so interested or concerned in the event of such appeal, and every such other person shall if he so desire be heard upon such appeal.
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Notwithstanding any such appeal or notice thereof, every rate shall be payable and shall be levied as if no appeal had been made until such rate shall be actually quashed or amended.
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The chairman, upon hearing and finally determining the matter of any appeal, shall and may, according to his discretion, award such costs to the party appealing or appealed against as he shall think proper; and his determination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoever.
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Amendment of 17 & 18 Vict. c. 103. to be in force on commencement of this Act.
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30. The provisions of the principal Act which are herein-before amended shall, as amended by this part of this Act, be in force in every town or township in which the said provisions were adopted, or in which, under any special Act, the same or any of them, or any modification or amendment of the same were in force prior to the commencement of this Act: Provided always, that where in any such special Act there are contained provisions for effecting the same or similar objects, the commissioners acting in execution of the said special Act may, with the consent of two thirds of their number, continue to proceed under the provisions of such special Act.
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[Ss. 31, 32, and Sched. rep. 41 & 42 Vict. c. 52. s. 294.]
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[1 Short title, “The Local Government (Ireland) Act, 1871.” See 59 & 60 Vict. c. 14.]
[1 i.e., the Towns Improvement (Ireland) Act, 1854, 17 & 18 Vict. c. 103.] |
