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What the

Agreement shall specify.

Committee, severally representing the Grand Jury or Council by which it shall have been appointed, and approved and confirmed as hereinafter directed, shall be binding on the said Grand Juries, or the said Grand Jury and Council, and on all other Persons, to all Intents and Purposes.

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XLI. Every such Agreement shall specify the Place where such Prison is or is to be situated, and the County and Borough for which it is proposed to be built or used (the Area and Proportion of the same being set forth in so far as the same may be known), and such Agreement shall further specify the Number of Prisoners for which 10 it is proposed that Accommodation should be provided, and such Agreement shall further specify the Proportion in which the Expenses of purchasing any Site, and of building, finishing, and fitting up such Prison, or, as the Case may be, of enlarging and improving such Prison, shall be borne by each of the contracting Parties; and also 15 the Proportion in which the Expenses of rebuilding or repairing such Prison in the event of any sudden Accident happening thereunto, shall be contributed by each of the contracting Parties; and also whether such Prison is to be used in place of or in addition to any and which of the existing Prisons of the said County or Borough; 20 and also the Mode in which it is proposed to constitute the Board of Superintendence of such Prison, and the Amount of the Salaries proposed to be paid annually to the Officers of such Prison, and the Proportion in which the same Salaries and such Expenses as may be incurred in respect of the ordinary Repairs of such Prison, the Govern- 25 ment and Discipline of such Prison, the Maintenance, Management, and Custody of Prisoners, and all other current and ordinary Expenses of the said Prison, shall be apportioned on each of the contracting Parties, and such Proportion may be either a fixed Share determined beforehand of the ordinary annual Expenses of the said Prison, or 30 be made to depend upon, vary with, and be ascertained and calculated by the Number of Prisoners who shall be confined in the said joint Prison from the said County and Borough respectively, and the Period of Time for which each such Prisoner shall be so confined, such Calculations to be made at such Intervals and according to such Scale 35 as in the said Agreement shall be mentioned, and to be either at a fixed Rate by the Day, Week, or Month for the Cost of each such Prisoner, or at the actual average daily, weekly, or monthly Cost of each such Prisoner, according to the whole Number of Prisoners for the Time being confined in such Prison, and such Agreement shall 40 also specify the Period of Time, not being less than Three Years, for which the First Agreement for such Proportion of such current and ordinary Expenses (whether the same shall be at a fixed or variable Proportion) shall endure : Provided always, that at the Expiration of

such

such Period the Agreement shall nevertheless continue in force, unless and until altered and renewed, upon such Terms and in such Manner as is herein-after directed.

shall be laid

Approval.

XLII. Whenever any Agreement shall have been so entered into Agreement 5 and signed the joint Committee shall lay the same for Approval before Grand before the Grand Juries or Grand Jury and Council of the said Juries and County and Borough at the Assizes, if any then current, or at the Council for Assizes holden next after the making thereof, and in the Case of the Council of the Borough at a Special Meeting to be convened for 10 that Purpose, and shall deliver to such Grand Juries or Grand Jury and Council respectively a Duplicate of such Agreement to be filed by the Clerk of the Peace or Town Clerk of such County or Borough, to be by them kept with the Records of the said County or Borough : Provided always, that no such Agreement shall be valid until the 15 same shall have been approved of by the several Parties thereto in manner aforesaid, and until the same shall have been confirmed by the Lord Lieutenant as herein-after directed.

mitted to

tenant for

Approval.

XLIII. Each of the said Parties shall forthwith cause such Agree- Agreement ment, when approved of in manner aforesaid, to be laid before the shall be sub20 Lord Lieutenant, and it shall be lawful for the Lord Lieutenant to Lord Lieuconfirm such Agreement, and to direct that such Prison, when certified by One of the Inspectors General of Prisons in Ireland to be fit for the Reception of Prisoners, or of the additional Prisoners whom it shall be proposed to confine therein, shall thenceforth be used as a 25 joint Common Gaol, as well for Debtors as Criminals, for such County and Borough respectively.

Lord Lieutenant, on Report of Inspectors General, may direct Prison

son, and Pri

XLIV. When any joint Prison, or a sufficient Part thereof, shall have been built, or enlarged or improved, as the Case may be, and fitted up for the Reception of Prisoners, or of the additional Prisoners 30 whom it shall have been agreed to confine therein, and proper Officers shall have been appointed for the Management thereof, the Inspec- to be used as tors General of Prisons or One of them shall certify, in Writing a joint Priunder their or his Hand to the Lord Lieutenant, that such Prison, or soners to be a sufficient Part thereof, is so fitted and completed, and that such removed to 35 Officers have been appointed, and it shall thereupon be lawful for the Lord Lieutenant, by an Order in Writing, to direct that such joint Prison may thenceforth be used as a Gaol, as well for Debtors as Criminals, for the said County and Borough respectively, either in addition to or in place of (as shall be specified in said Order) the 40 other then existing Gaols of the said County or Borough, and that all Prisoners, as well Debtors as Criminals, at that Time confined in

it.

Board of

the Common Gaol, Bridewell, House of Correction, or other Prisons of the said County or Borough, or such and so many of such Prisoners as shall be specified in the said Order, may, if requisite, be forthwith removed to such joint Prison by the Governors or Keepers of such Gaols, Bridewells, Houses of Correction, or other Prisons as 5 aforesaid, and the Removal of any such Prisoners, in obedience to any such Order, shall not be construed to be an Escape.

XLV. It shall be lawful for the Grand Jury or Council of any Superintend- County or Borough which shall be Party to any such Agreement as appointed for aforesaid, and each and every such Grand Jury and Council is hereby 10 joint Prison. authorized and required, at the Assizes, with the Consent and Appro

ence to be

Quorum.

bation of the Court or a Judge, or at a Special Meeting of such
Council, to appoint so many. Persons as it shall have been agreed
should be appointed by each such Grand Jury or Council respec-
tively (One Half of whom at the least shall be Justices of the 15
Peace for the County or Borough by the Grand Jury or Council
whereof they shall be so appointed) to be and form together One
joint Board of Superintendence of such joint Prison; and it shall and
may be lawful for any such Grand Jury or Council at any subse-
quent Assizes, or at any subsequent Special Meeting, to remove any 20
Member or Members of such Board who shall have been appointed
by such Grand Jury or Council respectively, and to fill up any
Vacancies among such last-mentioned Members occasioned by Death,
Resignation, or otherwise; and such Board of Superintendence shall
have the same Powers, Authorities, Jurisdiction, and Discretion over 25
and with respect to such joint Prison, and the Appointment of the
Officers thereof, and over and with respect to the Prisoners therein,
as are or shall be given to or vested in the Board of Superintendence
of any County Prison over or with respect to such Prison, and the
Officers thereof or the Prisoners therein, by this Act or the Prisons 30
Act, or any Act amending the same; and any Three or more of such
Board of Superintendence, One of whom at least shall be a Justice of
the Peace for either the said County or the said Borough, shall be in
all Cases competent to do and perform any Matter or Thing what-
soever in execution of any Duty required to be done and performed, 35
or which might be lawfully done and performed by the whole Board
of Superintendence in virtue of any Powers granted to them by this
Act, or the Prisons Act, or any other Act in which there shall not
be an express Provision to the contrary; and every Act done or
performed by such Three Members of such Board of Superintendence 40
(One of whom at least shall be a Justice of the Peace, and all of
whom may have been appointed Members of such Board by the
Grand Jury of the County, or, as the Case may be, by the Grand

Jury

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Jury or Council of the Borough) shall be as valid and effectual to all
Intents and Purposes as if done by the whole Board of Superin-
tendence.

be made to

Joint Board.

XLVI. It shall and may be lawful for the Grand Jury of every Present5 County, and for the Grand Jury or Council of every Borough which ments may shall be Party to any such Agreement, to make all Presentments of Money for such joint Prison to such Board of Superintendence, to be by them appropriated to the several Purposes for which such Moneys are intended, and also, if they shall think proper so to do, to present 10 in advance to such Board any reasonable Sum or Sums which such Grand Jury or Council shall deem necessary for any of the Purposes for which Presentments are or shall be allowed by the Prisons Act or this Act, or any Act which for the Time being shall be in force in Ireland relating to Repairs, Accommodation, or Discipline of Prisons 15 and every Sum so presented in advance shall and may be afterwards applied or applicable, by or under the Orders of such Board of Superintendence, to the Purposes for which the same shall be so presented respectively, and shall be afterwards duly accounted for according to Law.

20

s;

Board of

Prisons in

XLVII. Such Board of Superintendence of such joint Prison shall Joint Board be the Board of Superintendence of every Gaol, Bridewell, House of to be the Correction, or other Prison within such County or Borough, not being Superintend the Prison of a different County, and all the Provisions of the Prisons ence of all Act and of this Act, and of every other Act or Acts relating to the County and 25 Board of Superintendence to be appointed by the Grand Jury, or Borough. Council of any County or Borough, for every Gaol, Bridewell, House of Correction, or other Prison within such County or Borough, shall apply, extend to, and include the said Board of Superintendence of such joint Prison as if the said Board had been appointed by such 30 Grand Jury or Council for every such Gaol, Bridewell, House of Correction, or other Prison as aforesaid.

XLVIII. On the Termination of the Period specified in any such Revisal of Agreement as aforesaid for the Continuance of the Proportion to be Agreement. contributed by each of the contracting Parties towards the current 35 and ordinary Expenses of any such joint Prison, or on the Termination of any such further Period as shall have been agreed on or settled as herein-after provided, the Board of Superintendence for the Time being of any such joint Prison shall, in case it shall appear to them proper to make any Alteration in the Proportion for the Time being 40 adopted, proceed to propose a Revisal of such Proportion to the Grand Juries, or Grand Jury and Council, of the said County and Borough

In case the Parties shall disagree upon the Terms

of a new Agreement the Lord Lieutenant may appoint an Arbitra

tor.

s. 24.

assembled respectively at Assizes or at a special Meeting; and shall also propose the Period, not being less than Five Years, for which the then existing or such revised Proportion shall endure, and the Time when the said revised Proportion shall commence; and any such Proposal, when approved of by a Resolution of the said Grand 5 Juries, or Grand Jury and Council respectively, shall to all Intents and Purposes be an Agreement binding upon the Parties thereto, and shall continue in force for the Period in the said Proposal specified, and also from and after the End of the Period so specified, until a Proposal for further Revisions shall be adopted as aforesaid or Award 10 made, as is herein-after authorized.

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XLIX. In case the said Board of Superintendence for the Time being of any such joint Prison shall neglect or refuse to propose such Revisal of the Proportion for the Time being, and either or both of the said Grand Juries, or Grand Jury and Council, as the Case may be, shall resolve that some Revisal of such Proportion ought to be proposed, but shall not agree upon the Terms of such Proposal, or in case the said Board of Superintendence for the Time being of any such joint Prison shall propose some Revisal of such Proportion, and either or both of the said Grand Juries, or Grand Jury and Council, 20 as the Case may be, shall not agree to such Proposal, then and in either of such Cases it shall be lawful for the Lord Lieutenant, upon 5 G. 4. c. 85. the Application of either of the said Grand Juries, or Grand Jury and Council, as the Case may be, to appoint any Barrister to be an Arbitrator to determine the Matters in dispute, and such Barrister shall 25 have Power to arbitrate between the Parties; and the said Barrister shall summon the several Clerks of the Peace and the Town Clerks of the several Parties so contracting as aforesaid, the Governor of the said joint Prison, and such other Persons as he may require, to appear before him at a Time and Place to be by him appointed, and there to 30 give Evidence upon Oath (which Oath such Arbitrator shall be empowered to administer), and to produce all Information touching the Matters in dispute; and such Arbitrator may, if he shall think fit, adjourn the Hearing from Time to Time, and require all such further Information to be afforded as shall appear to him to be necessary, and 35 shall, by his Award in Writing, determine the several Matters in dispute, and his Award shall be final and conclusive between the Parties for the Term of Five Years, and also from and after the End of such Term of Five Years until a Proposal for further Revision shall be adopted as aforesaid or Award made, as is herein authorized; and such 40 Arbitrator shall assess the Costs of such Arbitration, and shall direct by whom and out of what Fund the same shall be paid, and the same shall be paid accordingly.

L. The

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