Proclamation In Council, Dated November 8, 1838, Dividing The County Of Tipperary Into Two Ridings.

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Proclamation In Council, Dated November 8, 1838, Dividing The County Of Tipperary Into Two Ridings.  (1838) 

Published in Statutory Rules and Orders Other Than Those of a Local, Personal Or Temporary Character (2nd ed., 1904) Vol.2, "County, Ireland", pp.91-112

Whereas by an Act passed in the sixth and seventh years of the reign of His late Majesty, King William the Fourth,[1] entitled "An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland," it is amongst other things enacted, that it shall and may be lawful for the Lord Lieutenant, or other chief governor or governors of Ireland, by and with the advice of the Privy Council, to order and direct, that any county in Ireland, shall be divided into two ridings or districts, and to direct and appoint what baronies or half baronies or other portions of Ireland, shall be contained in each of said ridings, and to order and direct, that assizes and sessions under the commissioners of assize and general gaol delivery, and other commissions for the despatch of civil and criminal business, or that any special commission or commissions of oyer and terminer and gaol delivery, should be holden in and for any county, which at the passing of the said Act was, or thereafter might be, so divided at such town within the same as should be deemed most expedient for the purpose, in addition to and in like manner as the same were then holden at the usual assize town; and it was also by the said Act further enacted, that it should and might be lawful for the said Lord Lieutenant or other chief governor or governors, with such advice as aforesaid, to make Rules and regulations touching the venue in all cases civil and criminal, then depending or thereafter to be depending and to be tried within said divisions or ridings of any such county, and touching the alterations of any commissions, writs, precepts, or other proceedings thereby made necessary and touching the attendance and liability of jurors, whether grand jurors, special jurors, or common jurors, at such assizes, or at any sessions to be holden for such ridings or divisions, and to make such Orders, Rules, and regulations, for the building or fitting up of any gaol or court house in such town so to be appointed as the assize town of any riding, and for ascertaining the proportions to be borne by each division or riding of all presentments or other fiscal charges affecting the county at large, and to make all such Rules, Orders, and regulations, touching all other presentments as may be rendered necessary from time to time in consequence of the division of said county, and all other Rules, Orders, and regulations, as may be necessary for carrying into full and complete effect the object of having two half-yearly assizes holden in and for said county in manner aforesaid:

And whereas memorials have been presented unto the Lord Lieutenant and Privy Council of Ireland, from several landed proprietors and inhabitants of the northern baronies of the county of Tipperary, praying that said county of Tipperary might be divided into two ridings or districts, under and for the purposes of said recited Act, and the said memorials having been taken into consideration, it appears from the great extent of the said county of Tipperary, and the inconvenient situation of the town of Clonmel, at which the assizes for the said county are now holden, in respect to the northern parts of the said county, that it would be expedient and highly beneficial to a great portion of the inhabitants of the said county, that a second assize town should be appointed, at which assizes for said county should be holden as well as at the said town of Clonmel, and for that purpose that the said county of Tipperary should be divided into two districts or ridings accordingly:

Now We, Constantine Henry, Marquis of Normanby, Lord Lieutenant-General and General Governor of Ireland, by and with the advice of Her Majesty's Privy Council in Ireland, do in pursuance of the powers vested in Us, for that purpose, and in order to carry into effect the provisions of the herein-before in part recited Act of Parliament, hereby order and direct, that henceforth the said county of Tipperary shall be divided into, and the same is hereby accordingly divided into, two ridings or districts, the one to be called the south riding and the other the north riding of the county of Tipperary, and that the south riding of the said county of Tipperary shall comprise and contain the baronies and portion of a barony following, that is to say, the barony of Iffa and Offa East, the barony of Iffa and Offa West, the barony of Clanwilliam, the barony of Middlethird, the barony of Slievardagh, and that part of the barony of Kilnemanagh, containing the unions or parishes of Clogher, Clonoulty, Aughterleigue, Ballintemple, Kilpatrick, and so much of the parish of Donohill as is situate in the barony of Kilnemanagh:

And We, the said Lord Lieutenant-General and General Governor of Ireland, by and with the advice aforesaid, further order and direct, that the said town of Clonmel be the assize town for the said south riding of the county of Tipperary:

And We do, with the like advice, order and direct, that the north riding of the said county of Tipperary shall comprise and contain the baronies and parts of a barony following, that is to say, the barony of Upper Ormond, the barony of Lower Ormond, the barony of Owney and Arra, the barony of Ikerrin, the barony of Eliogurty, and the barony of Kilnemanagh, save and except, however, so much of the said last-mentioned barony as is comprised in the unions or parishes, and a part of a parish aforesaid, which, by this, Our proclamation, We have ordered and directed to be added to and form part of the south riding of the said county of Tipperary, and that the town of Nenagh be the assize town for the said north riding of the county of Tipperary:

And We, the said Lord Lieutenant-General and General Governor of Ireland, do order and direct, with the said like advice, that assizes and sessions under the commissioners of assize and general gaol delivery and other commissions for the despatch of civil and criminal business shall be holden in and for the said county at the town of Nenagh, which we have deemed most expedient for the purpose, in addition to and in like manner as the same respectively are now holden at the town of Clonmel, being the usual assize town of the said county:

And We, the said Lord Lieutenant and General Governor of Ireland, with the advice aforesaid, do further order and direct as follows, that is to say, that until a fit and sufficient gaol shall be erected in the said town of Nenagh, in the said county, as herein-after directed, for the purpose of carrying the said Act and this Order into effect, any justice or justices of the peace, or coroner for the said county or any liberty therein may commit any person duly charged with any offence committed within the said county, and trialable at the assizes for the same, to the common gaol of the said county, at Clonmel, as heretofore; and further, that in all cases of recognizances to appear and prosecute, or give evidence at the assizes for any offence supposed to have been committed in the said northern riding or district, such recognizances shall be taken so as to bind the party to appear and prosecute or give evidence or to appear and answer, as the case may be, at the assizes at Nenagh, and in all cases of offences supposed to have been committed in the said southern district or riding, the recognizances shall be taken so as to bind the party to appear and prosecute or give evidence, or to appear and answer, as the case may be, at the assizes at Clonmel, and that all prisoners now or hereafter to be in custody in the gaol of Clonmel, for trial at the next ensuing assizes, after the date of this Order, or at any future assizes, for offences appearing by their respective commitments to have been committed in the said northern district or riding, shall, except in cases otherwise ordered by a Court or Judge, as hereinafter provided for, and except in cases of prisoners for trial on indictments already found, be, in due time, before the holding such assizes, removed by the sheriff of the said county to the bridewell now erected at Nenagh, or to any gaol to be there erected under the authority of this Order, or otherwise, as the case may be, for trial at the assizes to be holden at Nenagh and shall be tried there:

Provided always, and it is further ordered, that a list of the names of such prisoners now in custody, or who may be in custody before the next assizes, with a short statement of the offences with which they are respectively charged shall, by the sheriff of the said county, be inserted in one or more of the newspapers published in the said county, so far as the same list can be then made out, ten days before the day fixed for the opening of the commission at the assizes at Nenagh, with a notice that all persons bound by recognizance to appear and prosecute or give evidence against such prisoners, shall appear and give evidence at the next assizes to be held at Nenagh, and the persons so bound shall so appear and prosecute and give evidence accordingly:

And it is further ordered, that all other prisoners, now or hereafter to be in custody in the gaol of Clonmel, for trial at the assizes, shall be tried at the assizes held at Clonmel:

And it is further ordered, that all indictments for offences supposed to have been committed in the northern district or riding of the said county, shall be preferred to the grand jury for the said county at Nenagh, and that indictments for offences supposed to have been committed in the southern district or riding of the said county shall be preferred to the grand jury for the said county, at Clonmel, except in the cases of persons removed for trial by order of a Court or Judge, as herein-after provided, in which, last-mentioned cases, indictments shall be preferred to the grand jury either at Nenagh or at Clonmel, according to such Order as may be so made for the removal of the said persons to the one or to the other of the said towns, and all issues joined or arising upon or out of any indictment shall be tried at the assize town at which such indictment shall have been preferred, and that in all other cases not herein otherwise provided for, an indictment may be preferred, either at the assizes held at Nenagh, or at the assizes held at Clonmel:

And it is further ordered, that any offence committed or supposed to have been committed, on the boundary, between the said two ridings or districts, or within the distance of five hundred yards from such boundary, or begun in one of the said districts or ridings and completed in the other, may be dealt with, inquired of, tried, determined and punished at the assizes holden in either of the said ridings or districts, in the same manner as if it had been actually and wholly committed therein:

And it is further ordered, that any person not in custody, and against whom any true bill of indictment shall hereafter be found at Clonmel, shall, if committed thereon, be committed to the gaol at Clonmel, for trial at the assizes to be held at Clonmel; and in case such indictment shall be found at Nenagh, then such person shall, until a fit and sufficient gaol shall be provided at Nenagh as aforesaid, be committed to the said gaol at Clonmel, for trial at the assizes to be held at Nenagh:

And it is further ordered, that issues now or hereafter to be joined or any indictments already found at the assizes, for offences supposed to have been committed in any part whatever of the said county of Tipperary, shall be tried at the assizes held at Clonmel:

And it is further ordered, that the sheriff of the said county, or his deputy and the clerk of the Crown for the said county, or his deputy shall attend at the assizes at Clonmel, and also at the assizes at Nenagh, and that all justices of the peace, coroners, and other officers or persons bound by law to attend at the assizes shall attend at the said assizes held at Nenagh or at Clonmel accordingly, as their usual place of residence may be either in the said northern or southern district or riding respectively, and those who have no residence in either of the said districts or ridings, shall attend at such of the said two assize towns as may be the nearest to their usual place of residence, and all mayors, stewards, and bailiffs of liberties in the northern district or riding shall attend at the assize at Nenagh, and those in the southern district or riding, at the assizes at Clonmel:

And it is further ordered, that every such justice of the peace and coroner shall certify and return his examinations, informations, inquisitions, bailments, and recognizances in respect of offences, which are, pursuant to this Order, to be tried at the assizes at Nenagh, and which shall not have been already returned or certified according to law, to the clerk of the Crown before or at the opening of the Court of Nenagh, and in respect of those to be tried at the assizes at Clonmel, and not so already returned or certified, before or at the opening of the Court at Clonmel:

And it is further ordered, that no alteration shall be necessary in the commissions of assizes, oyer and terminer, and gaol delivery for the said county, and that two assize writs or precepts shall be issued by the clerk of the Crown for the said county in like manner as one has heretofore issued, directed to the sheriff of the said county, one of which writs shall be as near as may be in form hereunto annexed marked (A.), and the other in the like form, substituting the words "court house at Nenagh" for the words "court house at Clonmel" and "northern riding" for "southern riding," but no deviation in such writs from the said forms shall in any way invalidate the same; and the sheriff shall return one of said writs at the assizes at Clonmel, and the other at the assizes at Nenagh, with the proper schedules or panels annexed thereto respectively:

And it is also ordered, that writs of subpœna do issue as heretofore, with the proper alterations, and do name the assizes, either at Clonmel, or Nenagh, as the case may be, where the attendance of the witnesses is to be given, and that all writs of jury process be altered in like manner:

And it is further ordered, that the sheriff of the said county do summon a grand jury for the body of the said county, which shall attend at the assizes at Clonmel, and be sworn for the body of the whole county as heretofore, and another grand jury which shall attend at the assizes of Nenagh, and be sworn in like manner and which (except as may be otherwise necessary or required by law), may consist in part or altogether of persons the same or different from those who shall compose the first-mentioned grand jury:

And it is further ordered, that the sheriff or other minister to whom it may belong to return the jurors for the trial at the said assizes at Nenagh or Clonmel, of issues joined in the Superior Court at Dublin, or of any criminal issue or traverse, shall summon a competent number of men named in the juror's book, to serve on juries on the civil and criminal side at the said assizes at Clonmel, and also a competent number of the like persons to serve on juries as aforesaid, at the said assizes at Nenagh, and in summoning such jurors to attend at the said assizes at Nenagh, and Clonmel respectively, the said sheriff or other minister shall have regard to the convenience of the said jurors as to their place of residence, and no person shall be summoned as such juror to both said towns for the same assizes:

And it is further ordered, that all and every the powers and provisions of the statute passed in the third and fourth years of the reign of His late Majesty King William the Fourth, intitled "An Act for consolidating and amending the Laws relative to Jurors and Juries in Ireland,"[2] touching the summoning of jurors, common and special, and the summoning of juries to serve on the criminal and civil side, and all other the powers and provisions of the said last-mentioned Act, shall be in force and applied with respect to the assizes to be held at each of the said towns of Nenagh and Clonmel respectively, so far as they may be applicable thereto, in like manner as they were or would be with respect to assizes held at Clonmel only, but there shall be but one jurors' book for the whole of the said county, prepared according to the provisions and directions of said last-mentioned Act:

And it is further ordered, that no juror residing in the northern riding of the said county shall be struck or put on a special jury for any issue to be tried in the southern riding thereof, and vice versâ, but the officer striking said special jury shall, in the place of every such juror who may be drawn, and who is hereby exempted from serving on said jury, proceed to draw or strike another juror in his place:

And it is further ordered, that every declaration hereafter to be filed or delivered in any action in which the issue is intended to be tried at the assizes for the said county, held at Nenagh or Clonmel respectively, shall have in the margin, besides the ordinary venue, the words "northern riding" or "southern riding," but no other alteration from the ordinary form of such declaration shall be necessary, and issues arising in such actions, if tried at the assizes, shall be tried accordingly at the assizes held at Nenagh and Clonmel respectively; provided nevertheless, and it is further ordered, that in all cases of civil actions, in which the venue is by law local, the issues therein shall be tried at Nenagh in cases where the cause of action shall have arisen in the northern riding, and at Clonmel where the cause of action shall have arisen in the southern riding, in like manner as if the said two ridings were two separate counties, and the declaration in each such action shall have in the margin, in addition to the ordinary venue, the words "northern riding" or "southern riding," as the case may require, but no other alteration from the ordinary form shall be necessary, nevertheless, it shall be lawful for the Court in which any such issue is joined, or any Judge of such Courts, or any Judge of the Superior Courts of common law in Ireland, having authority by law to make an order in said action, to order such issues to be tried at the assizes held in the riding in which the cause of action did not arise if they or he shall think fit, and also to order the words in the margin of the declaration to be amended in any other cases, so as to cause the trial to take place at the assizes held in another riding:

And it is further ordered, that in all cases of issues already joined or hereafter to be joined in which the venue is laid in the county of Tipperary without any words in the margin specifying the riding of the county, such issues shall be tried at the assizes at Clonmel, unless the Court in which such action shall have been commenced, or a Judge thereof, or one of the judges of the Superior Courts in Ireland, having authority by law to make an order in such action, shall otherwise order, by directing the proper words to be inserted in the margin of the declaration, or otherwise as they or he shall think fit.

And it is further ordered, that in all cases of indictments removed into the Court of Queen's Bench, at Dublin, by certiorari, and in all cases of informations triable at the assizes for offences alleged to have been committed or matters alleged to have arisen in the said county, the trial of any issue arising therein shall take place at the assizes held at Clonmel, unless the Court in which such information shall be filed, or in the case of indictments, the said Court of Queen's Bench, or any Judge of said Courts respectively, shall otherwise order:

And it is further ordered, that Her Majesty's Court of Queen's Bench at Dublin, or any Judge thereof, or any Judge of the Superior Courts at Dublin, being a commissioner of oyer and terminer and gaol delivery for the said county, or any other commissioner of oyer and terminer and gaol delivery for the said county shall and may, if such Court or Judge or commissioner think fit, order and direct the issue upon any indictment found by the grand jury at Clonmel to be tried at Nenagh, and vice versâ and also order and direct any prisoner in custody for trial at the assizes at Clonmel to be removed to take his trial at Nenagh, and issue a writ of habeas corpus accordingly for such removal, and vice versâ:

And it is further ordered, that every recognizance which shall be entered into to appear and prosecute or give evidence, or to appear and answer, as the case may be, at the assizes to be held at Clonmel, shall in such case order shall have been made as last aforesaid for trial at the assizes at Nenagh, be obligatory on the parties bound by such recognizance to appear and prosecute and give evidence, or appear and answer, as the case may be, and do all other things therein mentioned at the assizes to be held at Nenagh, in like manner as if such recognizance had been originally entered into for appearing and prosecuting or giving evidence, or for appearing and answering or doing such other things at the assizes at Nenagh, provided that one week's notice shall have been given, either personally, or by leaving the same at the place of residence, as of which the parties bound by such recognizance are therein described to appear at the assizes to be held at Nenagh; and that in like manner recognizances for appearance at Nenagh shall be obligatory on the parties in the like case to appear at Clonmel; provided also that it shall be lawful for the Court or Judge making such order for trial and removal as aforesaid, if they or he shall think fit, to cause the party applying for such order, whether he be the prosecutor or party charged, to enter into a recognizance in such form, with or without sureties, as such Court or Judge may direct, and conditioned to give such notice as aforesaid to the parties bound by such recognizances, to appear at the assizes at which the trial of such indictment shall be ordered to take place as aforesaid; of which all persons concerned are desired to take notice:

And it is further ordered, that all appeals brought or to be brought from any civil bill decree or dismiss of the assistant barrister of said county, or from any order of said assistant barrister rejecting the claim of any person to register as a voter for the said county, or in respect of any other matter or thing for which an appeal may be made from the Quarter Sessions, Registry Sessions, or Civil Bill Court of said county to the assizes shall, when such decree, dismiss, order, matter or thing has or shall have been made or done at any such sessions or Civil Bill Court, holden in any of the towns of Clonmel, Clogheen, Carrick-on-Suir, Cashel, or Tipperary, or any town or towns to be appointed in lieu thereof or in addition thereto, be made to and heard and determined at the assizes to be held at Clonmel, and all such appeals brought or to be brought against or in respect of any such decree, dismiss, order, matter, or thing which has or shall have been made or done at any such sessions or Civil Bill Court holden in any of the towns of Thurles, Nenagh, or Roscrea or any town or towns to be appointed in lieu thereof or in addition thereto, shall be made to and heard and determined at the assizes to be held at Nenagh, and all parties and witnesses bound or liable to appear on any such appeal shall be bound to attend accordingly at Clonmel or Nenagh respectively:

And it is further ordered, that all civil bills which must by law be brought before the Judges of assize in the first instance for trial at the assizes shall, when the defendant therein lives with his family, or usually resides in the south riding of the said county, as hereby denned, be tried at the assizes held at Clonmel, and where said defendant lives with his family, or usually resides in the north riding of the said county, as hereby defined, such civil bill shall be heard at the assizes held at Nenagh, in all respects as if the said two ridings were separate counties:

And it is further ordered, that all appeals from the decree of any Manor Court held in the south riding of the said county shall be made to and heard and determined at the assizes held at Clonmel, and all appeals from the decree of any such Court held in the north riding shall be sent to and be heard and determined at the assizes held at Nenagh:

And it is further ordered, that at the next assizes to be held at Clonmel the grand jury there assembled shall, by presentment to be made under the power in that behalf contained in the said Act passed in the sixth and seventh years of the reign of His late Majesty King William the Fourth, entitled An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland,[3] divide the said barony of Kilnemanagh into two subdivisions or half baronies, to be called respectively the upper half barony and the lower half barony of Kilnemanagh; and the said upper half barony is to consist of so much of the said barony as is, by the division of said county hereby made, placed in the north riding thereof, and the lower half barony shall consist of the residue of said barony; and each such subdivision shall, for the purposes of the said Act and of these orders, and for all purposes mentioned in the said Act, or any Act passed or to be passed for the amendment thereof, be deemed and taken to be a half barony of the said county:

And it is further ordered, that in framing the panel of the grand jury for the next and future assizes, as well at Clonmel as at Nenagh, the sheriff of the said county shall consider the said portions of the said barony of Kilnemanagh in the last preceding order mentioned as being respectively half baronies of the said county, and shall act in all respects in framing such panel as if the subdivision so above directed to be made were already made by presentment:

And it is further ordered, that each of the said ridings into which the said county of Tipperary is above divided shall from henceforth, for all the purposes of the said Act of the sixth and seventh years of the reign of His late Majesty, and of any Act amending the same, be considered, deemed, and taken to be a separate county, but subject to the orders and regulations hereinafter contained, and to any other orders and regulations which may be made by the like authority, and except as by these or any other such orders, is or may be provided or permitted to the contrary, and presentment and other sessions, for the purposes of the said Act, shall be fixed and holden in each of the said ridings accordingly:

And in the construction of the said Act the word county, wherever the same occurs therein shall be deemed and taken to include and import and apply to either of the said ridings, as the case may be:

And it is further ordered, that the places and times for holding presentment sessions under the said Act, for each barony and half barony in the said north riding of the said county, shall be fixed by the grand jury at the assizes held at Nenagh, and the places and times for holding like sessions for the south riding shall be fixed by the grand jury at the assizes held at Clonmel:

And it is further ordered, that for all baronies and half baronies comprised in the said north riding, including that portion of the said barony of Kilnemanagh, which is hereby made part thereof as aforesaid, the high constables or collectors of county cess shall deliver their returns of cess payers as required by the said Act, to the secretary of the grand jury at Nenagh, and for all baronies and half baronies comprised in the south riding, including that portion of the said barony of Kilnemanagh hereby made part thereof, the high constables and collectors shall deliver the like returns at Clonmel, and each grand jury shall proceed thereon respectively as in separate counties:

And it is further ordered, that cess payers shall be selected from time to time in the manner prescribed by the said Act, to be associated with the justices at the last meeting of presentment sessions to be holden in each of the said ridings respectively, as if each of the said ridings was a distinct county at large within the meaning of the said Act:

And it is further ordered, that no presentments shall henceforth be made by the grand jury at Clonmel or Nenagh, of any sum of money to be levied off the said county of Tipperary at large, nor shall any presentment be made by the grand jury at Clonmel, of any sum of money to be levied off any barony or half barony in the north riding of the said county, or any part of such barony, or half barony, or denomination, except in the cases herein-after provided, or by the grand jury at Nenagh, of any sum to be levied off any barony or half barony, or denomination in the south riding, or any part thereof, but each of the said grand juries respectively, shall have power to present any sum to be levied off the whole of the riding in and for which such grand jury shall act, as if each such riding were in itself a county at large, and as might in that case legally be presented thereon:

And it is further ordered, that in all cases where the grand jury of the said county of Tipperary might be required to present for the repayment of any sums of money heretofore advanced to or for the benefit of the said county or any part thereof, out of the consolidated fund, for any purpose whatsoever, or any instalments of such repayment, the respective grand juries at the assizes held at Clonmel and Nenagh, shall, and they are hereby required, to present for the same in the proportions following, that is to say, the grand jury at Clonmel shall present for three-fifth parts thereof, to be levied on the said south riding of said county; and the grand jury at Nenagh shall present for two-fifth parts thereof, to be levied off the said north riding:

And it is further ordered, that in like manner all sums of money for salaries of public officers, or for any other purpose, which, but fur the division hereby made, the grand jury of the said county might present to be levied off the county at large, shall and may be presented for by the said respective grand juries, and be levied off their respective ridings in the proportions specified in the last preceding order:

And it is further ordered, that in regard to the publication of notices and applications for public works, the court houses at Clonmel and Nenagh respectively, shall be deemed to be county court houses for the said respective ridings, within the meaning of the said recited Act of the sixth and seventh of William the Fourth:

And it is further ordered, that in whichever of said ridings assizes may be last held from time to time in spring or summer in each year, the grand jury for such riding shall, in fixing the time of holding presentment sessions therein, have regard to the times fixed by the grand jury of the riding in which assizes may be first held at the same period, so that no presentment sessions shall be held in the two ridings at the same time, and so that the secretary of the grand jury and other county officers may be enabled to attend all such sessions in both ridings:

And it is further ordered, that the secretary of the grand jury of the said county shall, in the manner required by the twenty-fifth section of the said recited Act of the sixth and seventh of William the Fourth, make, arrange, publish, and distribute separate schedules of the contents of all applications made in each of such ridings respectively for works proposed to be charged or raised on each riding at large, and shall proceed therein as by the same section is directed as to the schedules thereby ordered to be made of applications for works proposed to be charged on a county at large:

And it is further ordered, that the treasurer of the said county shall, in manner directed by the said recited Act, make distinct apportionments for each riding, of the amount of the sums required by the several applications with reference to the contracts relating thereto, which belong to each riding, and return the same respectively, to the foreman of the grand jury of the riding to which they relate:

And it is further ordered, that no application for any public work, the expense whereof shall be sought to be charged on the county at large, shall henceforth be certified by the grand jury at any assizes held in either of said ridings:

And it is further ordered, that in case any application for making any new road, or building any bridge, or erecting, enlarging, repairing, re-building, or finishing any house or other building, the probable expense whereof shall exceed the sum of fifty pounds, and which expense shall be sought to be levied off the county at large, shall have been certified at the assizes next preceding the date of these orders, and any tenders or proposals shall be made before the next assizes for the execution of such work, the same, and the said applications shall be laid before the grand jury at such next assizes at Clonmel, and such grand jury, with the approbation of the Judge presiding in the Crown Court, and after such examination of the county officers by the said Judge, as he may deem fit, shall, in case they think a presentment should be made for such work, determine and state in such presentment what proportion of the expense thereof should be charged to each of the said ridings respectively, having regard to the nature of the work, and the comparative advantage thereof to each riding, and shall and may present such proportions accordingly; and such presentment shall be binding on the north riding of the said county, as if the same were made by the grand jury assembled at Nenagh:

And it is further ordered, that in the framing the panel of the said grand juries at each assizes at Clonmel and Nenagh respectively, the sheriff of the said county shall not be bound to place on such panel for the assize at Clonmel any person having lands or resident in any barony or half barony in the said north riding of said county, or vice versâ, but in all other respects he shall observe the provisions made by law for framing such panels, as if the said ridings were respectively separate counties:

And it is further ordered, that the treasurer of the said county, shall keep separate and distinct accounts of the moneys presented to be levied off the said respective ridings, and of the receipts and expenditure thereof, and shall not apply any money received out of the one riding or any barony or half barony therein, in payment of any sum presented to be raised off the other or off any barony or half barony therein:

And it is further ordered, that the salaries provided by law for the several officers of the said county herein-after mentioned, that is to say—

The county treasurer, the county surveyor, his clerk and assistants, the clerk of the Crown, the clerk of the peace, the secretary to the grand jury, the sheriffs, the Judge's crier, and the crier at sessions;

shall be charged upon and presentable off the said ridings, according to the proportions herein-before determined, and shall be presented for accordingly, by the grand juries at the assizes held at Clonmel and Nenagh respectively:

And it is further ordered, that in the cases of the county surveyor, his clerk, and assistants, and of all other county officers, the amount of whose salary is by law to be fixed by the grand jury of the county, and which under these orders shall be presented for by each grand jury as herein-before appointed, all such salaries shall, from time to time, be fixed by the grand jury of the said county assembled at the assizes held at Clonmel, and the grand jury assembled at Nenagh shall present the proportion thereof chargeable under these orders on the north riding of the said county accordingly:

And it is further ordered, that the number of the assistants to be appointed to the county surveyor shall, from time to time, be fixed only by the grand jury at Clonmel:

And it is further ordered, that in case at any time the Lord Lieutenant or other chief governor or governors of Ireland, shall appoint two surveyors to the said county, one of them shall be a surveyor for the south riding, and the other for the north riding thereof; and in that case and so long as there shall be two such surveyors, but no longer, the salaries of each such surveyor, his clerk, and assistants for the north riding, shall be fixed and presented for by the grand jury assembled at Nenagh; and those for the south riding by the, grand jury assembled at Clonmel; and the said grand juries shall respectively fix the number of assistants for each surveyor of the respective ridings as if the same were separate counties:

And it is further ordered, that it shall and may be lawful for the grand jury of the said county assembled at any assizes held at Nenagh, to present such sum or sums of money to be raised off the said north riding of the said county as shall be necessary for building, re-building, enlarging, repairing, altering, or fitting up a sufficient court house for holding the assizes at Nenagh, and sessions houses, wherever the same are by law required in such north riding, and for the payment of court house keepers for the same, and all rent and other expenses and charges incident thereto, which may by law be presented for by a grand jury; and that such court house to be built at Nenagh, and in the meantime until the same shall be built, the court house now existing there, or any building which may from time to time be used as a court house there, shall be deemed to be, for all the purposes of the said north riding, the county court house, and that in like manner it shall and may be lawful for the grand jury of said county, assembled at any assizes held at Clonmel, to make like presentments in regard to the court house at Clonmel and any sessions houses within the said south riding; and that from henceforth no presentment shall be made by the grand jury assembled at Clonmel of any money for such purposes in regard to any court house or sessions house situated in the said north riding or vice versâ, save when expressly authorised so to do by these orders, in case of any application certified at the last assizes:

And it is further ordered, that the rent of all petty sessions rooms or houses situate in the north riding of said county, shall be presented for by the grand jury assembled at Nenagh, and charged on the said north riding, and the rent of those situate in the south riding shall be in like manner presented for by the grand jury at Clonmel, and chargeable on the said south riding:

And it is further ordered, that all fever hospitals and dispensaries, locally situate within each of the said ridings, shall, to all intents and purposes, be considered as exclusively belonging to the riding in which the same are or may be respectively situate, as if the same was a separate county, and all presentments for the maintenance and support thereof respectively, or for hiring, building, enlarging, repairing, or fitting up any such fever hospital shall be made by the grand jury assembled in the respective ridings to which such hospitals or dispensaries may so belong, and all sums so presented shall be solely levied off such riding, or off such part thereof, as such grand jury (in cases where they are authorised by law to present such sums to be raised off any barony or half barony) may direct in that behalf:

And it is further ordered, that in the certificate of the number and names of patients received and relieved in the infirmary of the said county, directed by the said Act to be laid by the physician or surgeon thereof before the presentment sessions, such physician or surgeon shall distinguish the patients received and relieved from each of the said ridings respectively, and state the length of time each patient was maintained in the said infirmary, and at foot of the account of the funds and expenses thereof, the treasurer of such infirmary shall annex a statement of the proportions, having regard to such distinction of the patients in which the sum sought by such application for the support and maintenance of the said infirmary ought to be charged to each riding:

And it is further ordered, that in like manner the account of the funds and expenses of the house of industry of the said county, to be laid before the presentment sessions, as directed by the said Act, shall distinguish the number of persons from each riding admitted thereto, and supported therein, and in any lunatic asylum or wards for idiots or insane persons connected therewith for the period for which a presentment is then applied for, and state the proportions of such presentment chargeable to each such riding accordingly.

And it is further ordered, that all applications for presentments for the support and maintenance of such infirmary and house of industry respectively, and for the salaries of the officers thereof, shall be made at the presentment sessions holden at the county court house at Clonmel, and all presentments for the same shall be made exclusively by the grand jury assembled at Clonmel, who shall, however, present for the same in the proportions fixed by such accounts respectively and not otherwise; and every such presentment of the proportion chargeable to the north riding of the said county shall be a good and sufficient presentment for the purpose, and shall be levied off the said north riding as if the same were made by the grand jury assembled at Nenagh, under the authority of these orders:

And it is further ordered, that all presentments for defraying the expenses of erecting and establishing the lunatic asylum for the district comprising the said county of Tipperary, and for supporting, supplying, or maintaining such asylum, or the officers thereof, or the patients therein, or for repaying any advances made out of the consolidated fund for any of said purposes, or the purchase money or rent of any houses, buildings, lands, tenements, or hereditaments, purchased or hired for the use of such asylum, shall be made by the said respective grand juries assembled at Nenagh and Clonmel to be raised off their respective ridings, as if the same were separate counties, in such proportions as the Lord Lieutenant of Ireland, by and with the advice of Her Majesty's Privy Council in Dublin, shall from time to time ascertain and direct:

And it is further ordered, that any presentment to be made in said county, for the purchase, providing, building, or repairing a diocesan school or district school, or any dwelling house for the master thereof or any other presentment relating to such school, shall be made exclusively by the grand jury of the said county assembled at Clonmel, who shall, with the approbation of the Judge presiding in the Crown Court, determine the proportion in which the same should be made payable by each riding of the said county, and they shall present the same accordingly, and the sum so presented for the north riding of the said county shall be levied thereout as if the same had been presented by the grand jury assembled at Nenagh:

And it is further ordered, that all presentments for payments of coroners, and of sums payable to medical witnesses examined on inquests, shall be made by the grand jury assembled at Clonmel, and the application for the same shall be made to the presentment sessions holden at the county court house there, and such grand jury shall have power, with the like approbation of the Judge, to direct any proportion of such expenses to be levied off the north riding of the said county, or any barony or half barony therein, and such presentment shall be as valid as if made by the grand jury assembled at Nenagh:

And it is further ordered, that all presentments for the salaries and expenses of the constabulary force of the said county and for the superannuation of any member of such force, or any constables, or sub-constables, shall be made by the grand jury assembled at Clonmel as heretofore, and shall be apportioned between the said ridings in the proportions herein-before provided for payment of the salaries of the county surveyors and other officers thereof:

And it is further ordered, for the guidance of the receiver of the constabulary force appointed under an Act passed in the sixth year of the reign of His late Majesty King William the Fourth, entitled an Act to consolidate the Laws relating to the Constabulary Force in Ireland,[4] that the special road sessions for the said county of Tipperary, to which he is by the said Act directed to transmit the accounts therein mentioned, shall, for I he purposes of the said Act, mean and be taken to be the special road sessions in the south riding of the said county, held next preceding each general assizes at Clonmel:

And it is further ordered, that all sums of money which may by law be presented for or on account of the expenses of special constables, prosecutors, and witnesses, compensation to persons maimed, or representatives of persons murdered, rewards for the apprehension and prosecution of offenders, and expenses of removal of prisoners, and which shall be payable in respect of any offence, matter or thing arising or committed in either of the said ridings, shall be presented for by the grand jury assembled in the assize town of such riding, as in the case of a distinct and separate county, and in the case of any prisoner or traverser who may, under the authority, or according to the provisions of those orders, be tried at Clonmel for an offence committed in the north riding of the said county, the expenses of the prosecutors and witnesses ordered by the Court on such trial shall notwithstanding be presented for by the grand jury assembled at Nenagh, and be payable by the said north riding as if the trial had taken place therein, and so vice versâ, in the case of persons tried at Nenagh for offences committed in the south riding:

And it is further ordered, that the provisions contained in the one hundred and tenth section of the said Grand Jury Act, enabling any grand jury in the cases therein mentioned to present any sum less than the whole of the moiety of the annual salary of any of the officers in said section mentioned or referred to, or to withhold such presentment altogether, shall apply to each grand jury, assembled at Nenagh and Clonmel respectively in regard to the salaries or proportions of such salaries which under the authority of these Rules either of them may for the time being have authority to present:

And it is further ordered, that the sums of money authorised by law to be presented for defraying the expenses of providing and printing registry books and lists of registered voters for the said county shall be presented for only by the grand jury assembled at Clonmel, who shall in said presentment fix and state, with the like approbation of the Judge as in preceding orders mentioned, the proportion of such sums payable by each riding, and which presentment shall be binding on each such riding accordingly without further presentment: And it is further ordered, that the expense of providing and transmitting copies of the imperial standard weights and measures, and the stamps to be used by the inspectors of weights and measures, and the remunerations to such inspectors, shall be presented for only by the grand jury assembled at Clonmel, who shall in the like manner fix and present the proportion thereof payable by each riding:

And it is further ordered, that the expenses of suing any high constable or collector of public money, or his sureties, executors, or administrators, or for recovering any public money from any high constable or collector, or his sureties, executors, or administrators, shall be presented for by the grand jury assembled at Clonmel, in the case of any barony or half barony situate in the south riding of the said county, and by the grand jury at Nenagh in the case of any barony or half barony situate in the north riding thereof, and the expenses of suing any contractor or his sureties shall in like manner be presented by the grand jury for the riding in which the subject matter of such contract shall be situate, and the expenses of suing or of recovering any public money from any treasurer of the said county, his sureties, executors, or administrators shall be presented for by the grand jury at the assizes of Clonmel, who shall fix the proportions of such expenses payable by each riding of the said county, and the same shall be levied accordingly:

And it is further ordered, that each of the said ridings shall be considered as a separate county within the meaning of the following Acts of Parliament; that is to say, an Act passed in the sixth and seventh years of the reign of King William the Fourth, entitled, An Act to consolidate and amend the several Acts for the uniform valuation of lands and tenements in Ireland, and to incorporate certain detached portions of counties and baronies respectively, whereto same may adjoin or wherein the same are locally situate:[5] an Act passed in the thirtieth year of the reign of King George the Third, entitled, An Act, for building a bridge over the River Lough Foyle, at the city of Londonderry and the suburbs thereof, and for certain regulations relative to said city; an Act passed in the nineteenth and twentieth years of the reign of King George the Third, entitled, an Act for empowering grand juries to present bridges, and tolls to be paid for passing the same, in certain cases; an Act passed in the fourth and fifth years of the reign of King William the Fourth, entitled, An Act for the more effectually providing for the erection of certain bridges in Ireland;[6] an Act passed in the first and second years of the reign of King William the Fourth, entitled, An Act to empower landed proprietors in Ireland to sink, embank, and remove obstructions in rivers:[7] another Act passed in the first and second years of the reign of King William the Fourth, entitled, An Act for the extension and promotion of public works in Ireland:[8] and an Act passed in the fifth and sixth years of the reign of King William the Fourth, entitled, An Act for the better prevention and more speedy punishment of offences endangering the public peace in Ireland;[9] and of all Acts passed or to be passed for the amendment of the said Acts respectively, unless therein expressly declared to the contrary:

And it is further ordered, that all sums which may by law be presented for the building, repairs, rent, and expenses of any bridewell, situate in the north riding of the said county, and for the salaries of the officers thereof, shall be presented by the grand jury assembled at Nenagh, to be levied off the said north riding, and all such sums presentable for any bridewell situate in the south riding of the said county shall be presented for by the grand jury at Clonmel, to be levied off the said south riding:

And it is further ordered, that all presentments for the building, repairs, and support and maintenance of the house of correction at Clonmel, and the salaries of the officers thereof, shall, until there shall be a house of correction established for the north riding of the said county, be presented for by the grand jury at Clonmel, who shall, with the sanction of the Court, fix the proportion of said presentments payable by each riding, with regard to the proportionate number of prisoners from each riding confined therein, and their respective periods of confinement; and every such presentment shall be binding on the north riding of the said county, and be levied thereout, as if made by a grand jury assembled at Nenagh, or as may now be made:

And it is further ordered, that until a new gaol shall be built and established at Nenagh, as herein-after directed, all presentments for the repairs and maintenance of the county gaol at Clonmel, and the salaries of the officers thereof, shall in like manner be made by the grand jury assembled at Clonmel, who shall, on the same principles as above directed, in regard to the house of correction, fix the proportions of said expenses chargeable to each riding and present the same accordingly:

And it is further ordered, that the grand jury of the said county of Nenagh, and the county surveyor, and all other county officers to whom the same may belong, shall forthwith take all such proceedings by presentment, advertisement, and otherwise, as may be necessary for the erection of a suitable gaol for the north riding of the said county, in the said town of Nenagh, and shall proceed in the manner directed by the Act passed in the seventh year of the reign of His late Majesty King George the Fourth, entitled, An Act for consolidating and amending the laws relating to prisons in Ireland,[10] to purchase the site of said gaol, and to erect, fit up, and establish the same; and the said grand jury shall appoint commissioners for that purpose in the manner directed and empowered by the said Act, and the grand jury shall make all the necessary presentments for this purpose as soon after the date of this proclamation as can be done by law; and the erection of the said gaol shall be under and subject to all the provisions of the said last-mentioned Act, and of the said Grand Jury Act, and of any Act or Acts passed or to be passed for the amendment thereof respectively:

And it is further ordered, that the said gaol shall be made capable of accommodating not less than one hundred and forty male, and not less than twenty-five female prisoners, according to the rules and classifications prescribed by the said Act of the seventh year of the reign of His late Majesty King George the Fourth:

And it is further ordered, that when it shall be certified to Us, or the chief governor or governors of Ireland for the time being, by the inspectors general of prisons for the time being, that the said gaol has been erected, and is fit for the reception of prisoners, the same shall be and become to all intents and purposes a county gaol in and for the said north riding of the said county, and all proper officers shall be appointed to the same by the persons authorised by law to make such appointments:

And it is further ordered, that it shall be lawful to and for the grand jury assembled at Nenagh, at any time or times, but with the sanction and approbation of the inspectors general of prisons, to appropriate any part or parts of the said gaol so to be erected to be a house of correction for the said north riding, in the manner and with the powers prescribed by the said Act of the seventh year of the reign of King George the Fourth, and to appoint officers for the same accordingly:

And it is further ordered, that the presentments so to be made for the building, and establishing the said gaol, and the purchase of the site thereof, and all presentments for the maintenance and support of the prisoners therein, and the salaries of the keeper, matron, turnkeys, and other officers thereof, shall be levied off the said north riding of the said county: and from and after the establishment thereof as aforesaid, it shall not be lawful for the grand jury at Clonmel to present any sum to be levied off the north riding of the said county in respect of the gaol at Clonmel except for the expenses of the maintenance of any persons from the said north riding who may remain under any sentence of imprisonment in the said gaol of Clonmel, or any persons from the said north riding who may have been confined in the said gaol of Clonmel between the period of the last presentment preceding the establishment of said gaol at Nenagh, and the time of such establishment:

And it is further ordered, that from and after the establishment of the said gaol at Nenagh, as aforesaid, in all cases of commitments for trial, for any offence supposed to have been committed in the said north riding, such commitment shall be to the gaol at Nenagh; and for all offences supposed to have been committed in the said south riding, the commitment shall be to the gaol of Clonmel, and that all prisoners who shall be confined in the gaol of Clonmel, at the time of the establishment of the said gaol at Nenagh, under commitment for trial, at the assizes or sessions, for offences appearing by their respective commitments to have been committed in the said north riding, shall be removed by the sheriff of the said county to the said gaol at Nenagh, there to remain until discharged by due course of law, but all prisoners then in said gaol of Clonmel, under any sentence of imprisonment, shall remain therein to abide such sentence, although the offence may have been committed in the said north riding, as if these Rules had not been made:

And it is further ordered, that all prisoners who may be in custody in the said gaol of Nenagh, for trial at the assizes, shall he tried at the assizes held at Nenagh:

And it is further ordered, that after the establishment of the said gaol of Nenagh as aforesaid, any person not in custody, against whom any true bill of indictment shall thereafter be found, at Nenagh, shall, if committed, be committed to the said gaol of Nenagh, for trial at the assizes to be held at Nenagh; or in case such indictment shall be found at Clonmel, then such person shall be committed to said gaol of Clonmel for trial at the assizes to be held at Clonmel:

And it is further ordered, that the grand jury at Nenagh, shall, at the next assizes, appoint a separate board of superintendence in the manner authorised and required by the said Act passed in the seventh year of the reign of His late Majesty King George the Fourth, for the bridewells situate in the north riding of the said county, and such bridewells shall not thenceforward be under the control or management of the board of superintendence now established in said county or of any board of superintendence hereafter to be established by the grand jury at Clonmel, and that at the next sessions held after the establishment of the gaol at Nenagh, as herein-before provided, the grand jury at Clonmel and Nenagh respectively shall appoint distinct boards of superintendence of all the gaols, houses of correction, and bridewells in their respective ridings, as if the same were separate counties:

And it is further ordered, that all presentments for county printing for the said county shall be made only by the grand jury at the assizes holden at Clonmel, who shall fix and present the proportions thereof chargeable to each riding, and which shall be levied accordingly:

And it is further ordered, that all re-presentments of moneys, which were presented to be levied at any assizes before the date of these presents which may remain unpaid or in arrear, shall be made only by the grand jury assembled at Clonmel, who may represent the same, as if this proclamation had not been issued, but all re-presentments of any moneys hereafter presented and in arrear shall be made by the grand jury at Nenagh or Clonmel, for any moneys originally presented by grand juries held therein respectively, as the case may be:

And it is further ordered, that this proclamation shall commence and take effect from and after the tenth day of December next: Provided always, that all presentment sessions ordered, and all presentments and contracts made, or money to be levied, accounted for, or paid in the said county, under or in consequence of any Act or Acts in force before the said tenth day of December, shall be proceeded on, levied, and accounted for, and paid in manner provided by the said Acts, and subject to the rules, regulations, and provisions therein contained, as if this proclamation, and such division of the said county, had not been made, but according to all such regulations contained in these orders as relate hereto.

Given at the Council Chamber, in Dublin, the eighth day of November, 1838.

Plunket, C. L. Perrin
Leinster. A.R. Blake
Headfort. T.F. Kennedy
Charlemont. N. Ball
Cloncurry.

God save the Queen.

Footnotes[edit]

  1. The Grand Jury (Ireland) Act, 1836 (6 & 7 Will. 4. c. 116. s. 176).
  2. 3 & 4 Will. 4. c. 91. repealed by the Statute Law Revision Act (No. 2), 1888 (51 & 52 Vict. c. 57).
  3. The Grand Jury (Ireland) Act, 1836 (6 & 7 Will. 4. c. 116).
  4. The Constabulary (Ireland) Act, 1836 (6 & 7 Will. 4. c. 13).
  5. 6 & 7 Will. 4. c. 84; repealed by the Statute Law Revision Act, 1874 (37 & 38 Vict. c. 35).
  6. The Bridges Ireland Act, 1834 (4 & 5 Will. 4. c. 61).
  7. 1 & 2 Will. 4. c. 57; repealed by the Statute Law Revision Act, 1890 (53 & 54 Vict. c. 33).
  8. The Public Works (Ireland) Act, 1831 (1 & 2 Will. 4. c. 33).
  9. 5 & 6 Will. 4. c. 48; repealed by the Statute Law Revision Act. 1874 (37 & 38 Vict. c. 35)
  10. The Prisons Ireland Act. 1826 (7 Geo. 4. c. 74).

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