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any other magistrate of such county, unless by the express orders of such chief magistrate. `And by s. 7. there shall be paid to every such clerk, a salary not exceeding clerks and conthe rate of £150. by the year; and to every such petty stables, constable, a salary not exceeding £50. by the year ; and suitable lodgings shall be provided for them, if thought necessary by the lord lieutenant. By s. 8. every such chief magistrate shall, once in every week, and oftener if Weekly returns necessary, make a return in writing, signed by himself, the state of such to the lord lieutenant, setting forth an accurate account of proclaimed

counties, &c. the county or place for which he siiall be 50-appointed, and of the several measures taken by him, or with his knowledge or privity, for the preservation or restoration of peace and good order therein, and of the conduct of the chief and sub-constables under his command, and of all other persons, so far as

contribute to the restoration, &c, of the peace, &c. And by s. 9. it shall be lawful for the lord lieutenant, by the advice of

to declare by the privy council of Ireland, to declare, by proclamation, proclamation

county, that such county, &c. so proclaimed, is restored to peace fc. is restored and good order; and if such declaration shall extend to to peace, fica the whole county, or to all such parts as had been so pro.' claimed, then the office of every such chief magistrate, clerk, 'chief and sub-constable, shall cease; but if any part shall remain in a state of disturbance, then every such chief magistrate, clerk, chief and sub-constable, shall continue to act for such barony or half barony, unless otherwise ordered by the lord lieutenant; and every such chief magistrate who shall not have any disturbed barony or half barony within his district, and every clerk, and chief and sub-constable under him, shall, forthwith, cease to hold such office: provided that it shall be lawful for the lord lieutenant to reduce the number of constables in

every such disturbed district, from time to time, as shall seem expedient, before such district shall be fully restored to peace, &c. And by s. 10. whenever any county, barony or half barony, proclaimed, &c. under Roteable prothis act, shall be restored to peace, &c. within 12 calen- portion of sala,

chief dar months from its being so'proclaimed, &c. it shall be magistrates, &c. lawful for the lord lieutenant to direct, that for

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(not exceeding 3 calendar months,) within which such county, &c. shall be declared to be restored to peace, &c. there shall be paid to the chief magistrate any eum not exceeding £250. as his proportion of salary; and to any clerk or chief constable so appointed, any sum not exceeding £60 ; and to any other constable so appointed, any sum not exceeding £20.; and that for any time ex-. ceeding three, and not exceeding six calendar months, within which such county, &c. shall be declared to be restored to peace, &c. there shall be paid to the chief magistrate, any sum not exceeding £100.; and to such clerk or chief constable, any sum not exceeding £100.; and to every such other constable, a sum not exceeding £30. as to the lord lieutenant shall seem fit; and in case such county, &c. shall be restored to peace, &c. after 6 calendar months from the time when it was so proclaimed, &c. then there shall be paid to such chief magistrate, clerk, chief and sub-constables, a proportionate part of their salaries, calculated after the whole annual rate of

such salaries respectively. By s. 11. the salaries, allowSalaries and ances, rents, taxes, and all other reasonable and necessary defrayed by

costs, charges and expenses of the establishment, shall be presentment.

defrayed by presentment, in manner following, viz:- the grand jury of the county, &c. proclaimed, shall, at each assizes or presenting term, present all such salaries, payments, rents, taxes, costs, charges and expenses aforesaid, the same being duly vouched by affidavit, and it being duly certified by the chief magistrate of such proclaimed county, &c. that such constables respectively have faithfully and actively discharged the duties of said office; the said sums to be raised of such county, if the whole be proclaimed, and if not, then off the baronies or half baronies for which such magistrate shall have been so

appointed. And by s. 12 all sums which shall be levied Sums so levied under such presentments, shall, by the treasurer of the paid to collector

county, be paid to the collector of excise of the district, of excise. $. 13,

to be by him applied as other public money. By s. 13. Such pesent- the judges at such assizes or presenting term, shall not ments to be first fiat any other presentment, until the said presentments fiated. shall have been first granted. But this statute provides

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(s. 12.) that it shall be lawful for the lord lieutenant to
order the lord high treasurer, to issue out of the consolidated Lord lieutenant

may order mofund of Ireland, all money necessary on account of such ney, fr. out of salaries, costs and expenses, at such times and in such

fund. manner as he shall direct. By s. 14. if on any occasion, or in any court of law or equity, civil or criminal, any tation evidence question shall arise concerning any such proclamation, of qualification

of officers, &c. or the appointment or qualification of any of said officers, common reputation shall be deemed sufficient evidence of every such matter, unless, by contrary evidence, a reasonable doubt shall be raised as to the truth of such

reputation. And this act provides, (s. 15.) that as soon as any

s. 15. county, &c. or district, shall be declared to be restored to stored, arms,

peace peace, &c. all arms and accoutrements which shall have fc. delivered been delivered to such chief or sub-constables, shall be forthwith delivered to such person, and disposed of in such manner as the lord lieutenant shall direct; and all horses, with their saddles and bridles, which may have been provided, shall be sold at such time and place as the lord lieutenant shall direct, and the produce thereof shall be paid to the treasurer of the county, to be applied to the county charge. And by s. 16. if any constable so

Penalty upon appointed, shall not, within a week after he shall cease to constables

delivering up hold such office, deliver over any arms and accoutrements

armis, &c. to his successor in the said office, if such there shall be, and if not then to such person, and at such time and place, as shall be directed by the lord lieutenant, he shall fórfeit £10. Irish currency, to be recovered by civil bill in the court of proper jurisdiction, by any person who shall sue for the same. And this act has been since amended by the 56 Geo. 3. c. 13. I. which enacts (s. 1.) 55 Geo. 3.c.13. that as often as by and under any one proclamation, or more, issued under the 54 Geo. 3. c. 131. (and whether may appoint one such proclamations, if more than one, shall have been chief magistrate

fc. to act for 2 issued at one and the same time, or at different times,) adjoining coun

ties, &c.
any two adjoining counties, (whether one of them be a
county of a city or county of a town, or not,) or any
districts situate in two adjoining counties in Ireland, or any
county, county of a city or county of a town, and any

district

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district in any adjoining county, shall appear to be in a
state of disturbance at one and the same time, whether
any.

such district shall consist of one or more barony or
baronies, half barony or half baronies, or of both, in
every

such case it shall be lawful for the lord lieutenant &c. of Ireland, if he shall think it proper, to appoint, in manner in the 54 Geo. 3. c. 131. mentioned, one person to be chief magistrate of such two or more counties or

districts, or of such county and district; and also to apAnd one clerk and set of con- point for the aid of such magistrate, either one clerk for each stables for each county or dis- county or district, or one for both, and either one chief trict, or for constable for each county or district, or one for both, and ,

either one set of sub-constables for each county.or district,
Vide 57. Geo. 3.
c. 22. I, post.

or one set for both; and every such chief magistrate,
clerk, chief or sub-constable, shall be subject to all the pro-

visions of the 54' Geo. 3. c. 131. save as herein is otherwise
Lord lieutenant provided. And by s. 2. it shall be lawful for the lord lieu-
may proclaim
any part of a tenant, by the advice of the privy council, to declare by
county, or coun- proclamation, that any part or parts of any county, or
ty of a city, fc.
and establish an county of a city or county of a town, is or are in a state
extraordinary of disturbance, in like manner as is provided by the
police therein.

54 Geo. 3. c, 131. in respect to any barony or half barony
in any county at large ; and thereupon all the powers and
provisions of the 54 Geo. 3. c. 131. shall be put in execu-
tion within such part or parts of any county, &c. as shall be
specified in such proclamation, in like manner as under
the 54 Geo. 3. c. 131. and this act is directed with respect

any barony, half barony, or district; and all sums to
be presented by any grand jury according to the directions
of the 54 Geo. 3. c. 131. shall be raised off such part or
parts, of such county, &c. as shall be specified in such
proclamation, in like manner as by the 54 Geo 3. c. 131.
is directed, with respect to any barony or half barony.

And by s. 3. it shall be lawful for the lord lieutenant to shall appoint in appoint in which of the counties, if more than one, for which of the

such which, or for any part of which, any chief magistrate, chief magistrate clerk, chief or sub-constable, shall be appointed, he or fc. shall reside.

they shall reside; and in what proportions their respective

salaries, &c. shall be borne by the respective counties for Refore whom which they shall be so appointed. By s. 4. every chief chief magistrate shall be sworn.

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ADDENDA 11.] Of Subordinate Magistrates. 53 magistratę who shall be appointed under the 54 Geo. 3. c. 131. or under this act, shall, before he proceed to the execution of this or that act, take the oath required to be taken by justices of peace in Ireland, before any justice of the peace of any county for which, or any part of which, he shall be so appointed chief magistrate, which oath such justice of peace shall on demand administer; and being so duly sworn, such chief magistrate shall be to all intents a justice of peace for each county for whịch, or for any part of which, he shall be so appointed, and in, and for every adjoining county; and such chief mar Constant resis gistrate as shall be appointed under this act, shall be dence in one of constantly present in one or other of the said counties required. for which he shall be so appointed, save when he shall be authorized by the lord lieutenant to depart therefrom. By s. 5. every chief and sub-constable who shall be ap- Oath of chief pointed under the 54 Geo. 3. c. 131. or this act, shall, and sub-constabefore he shall do any act in his office, take the oath following: “I A, B, do swear, thạt I will well and truly serve “our sovereign lord the king, in the office of constable, " in the county (or counties, as the case may be,) of

; that I will see, and cause his majesty's “ peace to be kept and preserved therein, according to “the best of my power, without favour or affection, ma“ lice or evil will; and that I will well and truly execute

according to law, all warrants and precepts to me di“ rected from C. D. chief magistrate of the said county, (or counties, as the case may be, ) or from any other person

who

may be appointed such chief magistrate for “ the said county, (or for the said counties, or either of them,

as the case may be,) in the place and stead of the said 66 C. D.; and I will well and truly, according to my power, “ knowledge, and ability, do and execute all other things

belonging to the office of a constable, appointed to “ assist such chief magistrate, as long as I shall continue 6 in the said office.” And every such oath shall be administered by the chief magistrate, under whose orders such chief or sub-constable shall be placed ; and, thereupon every such chief and sub-constable shall be to all intents a constable of and in the county, and of and in

66

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