Public Assistance Act , 1939

(b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which such order relates a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement and also stating that any person aggrieved by such order may send to the Minister, in the specified manner and within a specified time, an objection to such order.

(2) A public assistance authority which has made a compulsory acquisition order and complied in respect of such order with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.

67 Confirmation of compulsory acquisition order.

67.—When an application has been made under this Part of this Act to the Minister by a public assistance authority for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with in respect of such compulsory acquisition order, the following provisions shall have effect, that is to say:—

(a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister or every such objection so made has been withdrawn, the Minister may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper;

(b) in any case to which the next preceding paragraph of this section applies, the Minister may, if he so thinks fit, before dealing with such application cause a public local inquiry to be held in respect of such compulsory acquisition order;

(c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister and has not been withdrawn, the Minister shall cause a public local inquiry to be held in respect of such compulsory acquisition order;

(d) when a public local inquiry has been held in pursuance of the next preceding paragraph of this section, the Minister, having considered the report of the person by whom such inquiry was held and the objection or all the objections which occasioned the holding of such inquiry, may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper.

68 Notices, etc., of confirmation of compulsory acquisition order.

68.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the public assistance authority by whom such compulsory acquisition order was made shall—

(a) publish in a newspaper circulating in the functional area of such authority an advertisement in the prescribed form stating that such compulsory acquisition order has been confirmed by the Minister and that a copy of such order as so confirmed and the map referred to therein may be inspected at a specified place, and

(b) give to every person who appeared at the public local inquiry (if any) held in respect of such order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement.

69 Annulment of compulsory acquisition order by the High Court.

69.—(1) Any person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of such order by the Minister, apply to the High Court for the complete or the partial annulment of such order, and the High Court, if it is satisfied that such compulsory acquisition order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making such application or any other person has been substantially prejudiced by any failure to comply in relation to such order with the provisions of this Part of this Act, may, as the High Court shall think proper, annul the whole of such order or annul a part of such order.

(2) Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which such application relates until such application has been finally determined.

(3) Save as is otherwise provided by this section a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any Court.

70 Commencement of compulsory acquisition order.

70.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation in accordance with whichever of the following paragraphs is applicable, that is to say:—

(a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of such order, on the final determination of such application, or

(b) if no such application is so made, on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of such order by the Minister.

(2) As soon as may be after a compulsory acquisition order comes into operation, the public assistance authority by which such order was made shall give a copy of such order to every person to whom notice of the making of such order was given in pursuance of this Part of this Act.

71 Appropriation of surplus land to other purposes.

71.—A public assistance authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of its powers and duties any land vested for any purpose in such authority and not required for the purpose for which it was acquired.

72 Disposal of surplus land.

72.—(1) A public assistance authority may, with the consent of the Minister, sell, exchange, let, or otherwise dispose of any land acquired by such authority under the Public Assistance (Acquisition of Land) Act, 1934 (No. 23 of 1934), or under this Part of this Act or transferred to such authority by or under this Act.

(2) The proceeds of the sale under this section of any land by a public assistance authority shall, so far as such proceeds are capital money, be applied with the consent of the Minister to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by such authority.

(3) Where land is exchanged under this section by a public assistance authority, the land taken in such exchange shall (subject to the provisions of this Part of this Act in relation to the appropriation and use of land not required for the purpose for which it was acquired) be applied to the purposes to which the land given in such exchange was applicable by such authority.

73 Transfer of property of certain abolished bodies.

73.—All property (other than money and securities for money) which—

(a) formerly belonged to a board of guardians or the committee of a county infirmary or a fever hospital and was, on the abolition of such board or committee by a county scheme, transferred to the council of a county or a county borough by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), and is, at the commencement of this Act, held by such council of a county or the corporation of such county borough for the purposes of the exercise of any power or the performance of any duty which is by virtue of this Act conferred or imposed on a public assistance authority, or

(b) was, at the abolition of any such committee, vested in or held by any such council of a county or county borough for the purposes of such committee and is, at the commencement of this Act, vested in or held by such council of a county or the corporation of such county borough for the said purposes,

shall, save where such council of a county or corporation is itself the public assistance authority for the public assistance district in which such property is situate, immediately upon such commencement become and be transferred by virtue of this Act to and be the property of the said public assistance authority and shall thenceforward be held by such authority for the purposes of its powers and duties.

74 Application of money held for certain abolished committees.

74.—Any money or security for money which was formerly held by the committee of a county infirmary or a fever hospital in trust for the purposes of such infirmary or hospital and was, on the abolition of such committee by a county scheme, transferred to the council of a county or a county borough by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), and is, at the commencement of this Act, held by such council of a county or by the corporation of such county borough shall continue to be so held and shall be applied for the purposes of this Act in such manner as the Minister shall direct.

75 Service of notices under this Part of this Act.

75.—(1) Any written notice or other document required by this Part of this Act to be given to any person may be so given in any of the following ways, that is to say:—

(a) by handing it to such person, or

(b) by leaving it at the usual or last-known place of abode of such person, or

(c) by sending it by post in a prepaid registered envelope addressed to that person, in the case of an individual, at his usual or last-known place of abode or, in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.

(2) Where a written notice or other document is by this Part of this Act required to be given to the owner or the occupier of land and the name of such owner or occupier is not known such document may be addressed to “the owner” or “the occupier” (as the case may be) of such land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on such land.

PART VI. Legal Proceedings and Penalties.

76 Prima facie evidence of meetings, resolutions, and orders.

76.—(1) All minutes of the proceedings at a meeting of a public assistance authority or of a committee of any such authority which purport to be signed by the chairman of such meeting or by the chairman of the next subsequent meeting of such authority or committee shall (without proof of the signature of the person by whom such minutes purport to be signed or that such person was in fact the chairman of the meeting at which such minutes purport to have been signed) be received in all legal proceedings as prima facie evidence of the proceedings at the meeting to which such minutes relate and as prima facie evidence that such meeting was duly convened and held and that the proceedings thereat were duly transacted according to law.

(2) A copy of a resolution passed or order made at a meeting of a public assistance authority or of a committee of any such authority which purports to be certified by the secretary or town clerk of such authority to be a true copy of such resolution or order shall be received in all legal proceedings as prima facie evidence of the passing of such resolution or the making of such order (as the case may be) and of the terms thereof without proof of the signature of the person by whom such copy purports to be so certified or that he was in fact such secretary or town clerk.

77 Penalty for contravention of regulations.

77.—(1) Every person who wilfully does any act (whether of commission or omission) which is a contravention of a regulation made by the Minister under this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first such offence, to a fine not exceeding five pounds and, in the case of a second or any subsequent such offence, to a fine not exceeding twenty pounds.

(2) This section shall not apply to a contravention by an inmate of a district institution of a regulation in force by virtue of this Act in such institution.

78 Penalty for failure to perform work.

78.—Every person in receipt of general assistance who wilfully refuses or neglects to perform a task of work which he is required under this Act to perform shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding twenty-one days.

79 Penalty for offences in district institutions.

79.—Every inmate of a district institution who—

(a) wilfully does any act (whether of commission or omission) which is a contravention of a regulation in force by virtue of this Act in such institution, or

(b) is, by reason of the consumption of intoxicating liquor, drunk or incapable of conducting himself in such institution, or

(c) does any act of insubordination in relation to an officer of such institution, or

(d) does any other act (whether of commission or omission) of misbehaviour in such institution which is prejudicial to the discipline or the good government of such institution,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding twenty-one days.

80 Penalty for false statement to obtain public assistance.

80.—Every person who, for the purpose of obtaining public assistance for himself or another person, makes any statement or representation which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, or at the discretion of the Court, to imprisonment for a term not exceeding three months.

81 Penalty for refusal to deliver up the custody of a child.

81.—(1) If a person who is required by or under this Act to deliver up the custody of a child to a public assistance authority wilfully refuses or neglects so to deliver up such custody, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(2) Whenever a person is convicted of an offence under this section, the Justice of the District Court by whom such person is so convicted shall make at the time of such conviction an order for the removal of the child in relation to which such offence was committed from the custody of such person to the custody of the public assistance authority which is entitled by virtue of this Act to have the custody of such child.

82 Penalty for assisting escaping child.

82.—If any person—

(a) knowingly assists or induces, directly or indirectly, a child under the age of sixteen years who is maintained by a public assistance authority to leave, without the consent of such authority, the place where it is so maintained, or

(b) harbours or conceals a child under the age of sixteen years who is maintained by a public assistance authority and has, to the knowledge of such person, left without the consent of such authority the place where it is so maintained, or

(c) knowingly assists or induces, directly or indirectly, a child in respect of whom the rights and powers of its parents or one of its parents are vested in a public assistance authority to leave, without the consent of such authority, a place in which it had been placed by such authority, or

(d) harbours or conceals a child in respect of whom the rights and powers of its parents or one of its parents are vested in a public assistance authority and who has, to the knowledge of such person, left without the consent of such authority a place in which it had been placed by such authority,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

83 Penalty for desertion of wife or child.

83.—(1) Whenever a person deserts or wilfully neglects to maintain his wife or a child whom he is liable under this Act to maintain and in consequence of such desertion or neglect such wife or child becomes eligible for general assistance, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for a term not exceeding six months.

(2) Sub-section (1) of section 4 of the Criminal Justice (Evidence) Act, 1924 (No. 37 of 1924), shall apply and have effect in relation to persons charged with an offence under this section as if this section were mentioned in the Schedule to that Act.

84 Power of arrest of inmate of district institution.

84.—(1) The matron or other officer having the charge and management of a district institution may without warrant arrest in such district institution any inmate of such district institution whom such matron or other officer reasonably suspects of having committed in such district institution an offence punishable on summary conviction, and every such matron or other officer shall, for the purpose of such arrest have all the powers and authority of a member of the Gárda Síochána.

(2) Any person arrested under the foregoing sub-section of this section shall be delivered with all convenient speed into the custody of a member of the Gárda Síochána and shall thereupon be dealt with according to law as if he had been lawfully arrested by such member.

85 Power of public assistance authority to pay costs of prosecution.

85.—A public assistance authority may pay the reasonable costs of the prosecution of a person charged with an offence directly affecting the administration of the law relating to public assistance, whether such person is or is not convicted of such offence.

PART VII. Miscellaneous Provisions.

86 Power of Minister to abolish county infirmaries and county fever hospitals.

86.—(1) The Minister may by order abolish a county infirmary or a county fever hospital or a public general infirmary for two or more counties or a county and a county borough if he thinks proper so to do after consultation with every (if any) council of a county and every (if any) corporation of a county borough which contributes to the maintenance of such infirmary or hospital and consultation with the committee of management of such infirmary or hospital.

(2) Whenever an infirmary or a fever hospital is abolished by an order made under the foregoing sub-section of this section, the following provisions shall have effect, that is to say:—

(a) the Minister shall, by the said order, fix the date on which such abolition shall become operative;

(b) the Minister may, by the said order or any subsequent order, make provision for the closing of such infirmary or hospital, the transfer of the patients therein, and such other matters (not specifically provided for by this section) as shall appear to him to be necessary for carrying such abolition into effect;

(c) all property held for the purposes of such infirmary or hospital by a council of a county or corporation of a county borough and all property held by the committee of management of such infirmary or hospital shall, on the date on which such abolition becomes operative, become and be transferred to and vested in the public assistance authority for the public assistance district in which such infirmary or hospital is situate and shall thenceforth be held by such authority for the purposes of this Act;

(d) all the debts and liabilities of the said committee shall, as on and from the date on which such abolition becomes operative, become and be debts and liabilities of and be defrayed by the said public assistance authority;

(e) every person who, immediately before the date on which such abolition becomes operative, is an officer of the committee of management of such infirmary or hospital and (except in the case of a medical officer) devotes the whole of his time to the service of such committee shall, if his period of service under such committee is, immediately before the said date, not less than ten years, have the same rights to receive an allowance from the said public assistance authority as he would have if he were a pensionable officer of the said public assistance authority and held office under that authority for a period equal to his period of service under the said committee and were removed from such office for a cause other than misconduct or incapacity.

87 Inclusion of boards of public assistance in certain Acts.

87.—(1) Every board of public assistance shall be a local authority within the meaning and for the purposes of every of the several Acts mentioned in the Third Schedule to this Act.

(2) Section 4 of the Local Government Act, 1931 (No. 19 of 1931), shall have effect in relation to a board of public assistance as if such board were a board of health and public assistance, and for that purpose the said section 4 is hereby amended by the insertion therein of the words “board of public assistance” immediately after the words “board of public health”.

88 Inclusion of boards of public assistance in section 63 of the Local Government Act, 1925.

88.—Every board of public assistance shall be a county authority within the meaning and for the purposes of section 63 of the Local Government Act, 1925 (No. 5 of 1925).

89 Adaptations of existing enactments.

89.—(1) The Minister may by order make such adaptations and modifications of any enactment in force at the commencement of this Act and relating to any matter or thing dealt with or affected by this Act as appear to him to be necessary or expedient for carrying this Act into effect or for enabling this Act to have full force and effect.

(2) Subject and without prejudice to any adaptation or modification made by the Minister under the foregoing sub-section of this section, the following provisions shall have effect in relation to every enactment (whether relating or not relating to any matter or thing dealt with by this Act) which is in force at the commencement of this Act, that is to say:—

(a) every mention or reference contained in any such enactment of or to a board of guardians or the guardians of the poor shall be construed and have effect as a mention of or reference to a public assistance authority;

(b) every mention or reference contained in any such enactment of or to a poor law union shall be construed and have effect as a mention of or reference to a public assistance district;

(c) every mention or reference contained in any such enactment of or to a union fund shall be construed and have effect as a mention of or reference to the funds of the appropriate public assistance authority;

(d) every mention or reference contained in any such enactment of or to the workhouse of a union shall be construed and have effect as a mention of or reference to the appropriate district institution;

(e) every mention or reference contained in any such enactment of or to poor relief shall be construed and have effect as a mention of or reference to assistance;

(f) every mention or reference contained in any such enactment of or to union relief shall be construed and have effect as a mention of or reference to general assistance;

(g) every mention or reference contained in any such enactment of or to outdoor relief shall be construed and have effect as a mention of or reference to home assistance.

90 Power of Minister to make general regulations.

90.—The Minister may, if and whenever he so thinks proper, make by order such regulations (either in relation to all public assistance authorities or in relation to one or more such authorities) as shall appear to him to be expedient for the guidance and control of such authorities and their officers in the exercise and performance of their powers and duties under this Act and for securing the efficient execution and administration of this Act.

91 Laying of orders and regulations before Houses of the Oireachtas.

91.—Every order and every regulation made by the Minister under this Act and relating to or having effect in more than one public assistance district shall be laid before each House of the Oireachtas as soon as conveniently may be after it is made, and if a resolution annulling such order or regulation is passed by either such House within the next twenty-one days on which such House has sat after such order or regulation is so laid before it, such order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

FIRST SCHEDULE. Enactments Repealed.

Session and Chapter or Number and Year	Short Title	Extent of Repeal
1 & 2 Vic., c. 56	The Poor Relief (Ireland) Act, 1838.	Section 3; sections 5 to 8; sections 13 to 17; sections 21 and 22; sections 26 to 58; section 60; sections 89 to 95; sections 98 to 103; sections 114 to 117; and the First Schedule.
2 & 3 Vic., c. 1	The Poor Relief (Ireland) Act, 1839.	Sections 1, 3, 4 and 6.
6 & 7 Vic., c. 92	The Poor Relief (Ireland) Act, 1843.	Sections 14 to 17; section 21 and the Schedule.
10 & 11 Vic., c. 31	The Poor Relief (Ireland) Act, 1847.	Sections 1 to 4; sections 7 to 9; sections 11, 13, 15; sections 18 to 23; sections 25 to 29.
10 & 11 Vic., c. 84	The Vagrancy (Ireland) Act, 1847.	Section 2; section 3 from the words “and every person” to the words “union or district”.
10 & 11 Vic., c. 90	The Poor Relief (Ireland) (No. 2) Act, 1847.	The whole Act so far as unrepealed.
11 & 12 Vic., c. 25	The Poor Relief (Ireland) Act, 1848.	The whole Act so far as unrepealed.
12 & 13 Vic., c. 4	The Guardians (Ireland) Act, 1849.	The whole Act so far as unrepealed.
12 & 13 Vic., c. 104	The Poor Relief (Ireland) Act, 1849.	Sections 2 to 5; section 20; sections 24 to 28.
14 & 15 Vic., c. 68	The Poor Relief (Ireland) Act, 1851.	The whole Act so far as unrepealed.
25 & 26 Vic., c. 83	The Poor Relief (Ireland) Act, 1862.	Sections 2 to 8; sections 11, 21, 22, 23.
29 & 30 Vic., c. 38	The Poor Persons Burial (Ireland) Act, 1866.	The whole Act so far as unrepealed.
31 & 32 Vic., c. 74	The Poor Law Inspectors (Ireland) Act, 1868.	The whole Act so far as unrepealed.
32 & 33 Vic., c. 54	The Poor Relief (Ireland) Act, 1869.	The whole Act so far as unrepealed.
39 & 40 Vic., c. 50	The Poor Law Rating (Ireland) Act, 1876.	The whole Act so far as unrepealed.
41 & 42 Vic., c. 60	The Poor Afflicted Persons Relief (Ireland) Act, 1878.	The whole Act.
42 & 43 Vic., c. 25	The Dispensary Houses (Ireland) Act, 1879.	The whole Act so far as unrepealed.
42 & 43 Vic., c. 57	The Public Health (Ireland) Amendment Act, 1879.	Section 4.
52 & 53 Vic., c. 56	The Poor Law Act, 1889	The whole Act.
55 & 56 Vic., c. 5	The Poor Law (Ireland) Act, 1892.	The whole Act.
55 & 56 Vic., c. 41	The Boards of Management of Poor Law District Schools (Ireland) Act, 1892.	The whole Act.
59 & 60 Vic., c. 5	The Poor Law Guardians (Ireland) (Women) Act, 1896.	The whole Act.
61 & 62 Vic., c. 30	The Pauper Children (Ireland) Act, 1898.	The whole Act.
61 & 62 Vic., c. 37	The Local Government (Ireland) Act, 1898.	Sections 13, 24, 25, 30, 39, 43, 61; sub-section (1) of section 63; section 85; sections 90 and 91; in sub-sections (2) and (3), section 94, the words “or board of guardians”; sub-section (5) of section 94.
62 & 63 Vic., c. 37	The Poor Law Act, 1899	The whole Act.
63 & 64 Vic., c. 45	The Poor Relief (Ireland) Act, 1900.	The whole Act.
2 Ed. VII, c. 16	The Pauper Children (Ireland) Act, 1902.	The whole Act.
8 Ed. VII, c. 67	The Children Act, 1908	Paragraph (26) of section 133.
5 & 6 Geo. V, c. 14	The Poor Relief (Ireland) Act, 1914.	The whole Act.
No. 9 of 1923	The Local Government (Temporary Provisions) Act, 1923.	Sections 1 to 8; section 10; section 20.
No. 13 of 1924	The Local Government (Temporary Provisions) (Amendment) Act, 1924	Section 2.
No. 5 of 1925	The Local Government Act, 1925.	Sub-section (3) of section 12; sub-section (7) of section 13.
No. 3 of 1927	The Local Government Act, 1927.	Sub-section (2) of section 4.
No. 40 of 1929	The Poor Relief (Dublin) Act, 1929.	The whole Act.
No. 23 of 1934	The Public Assistance (Acquisition of Land) Act, 1934.	The whole Act.
No. 2 of 1937	The Public Assistance Act, 1937.	Section 2.

SECOND SCHEDULE. Rules in Relation to Membership and meetings of Boards of Public Assistance.

Elections.

1.—(1) The members of a board of public assistance to be elected by a county council shall be elected at the annual meeting of such council held next after every triennial election of members of such council.

(2) The members of a board of public assistance to be elected by the corporation of a county borough shall be elected at the quarterly meeting of the city council for such county borough held next after every triennial election or annual election (as the case may be) of members of such city council.

2.—(1) The members of a board of public assistance to be elected by a county council shall be elected as follows:—

(a) for each county electoral area or part of a county electoral area in the public assistance district, one member of the board shall be elected from among the county councillors elected for that area;

(b) of the other members (in this rule called additional members) any group of councillors comprising the necessary number of councillors may nominate a councillor to be a member of the board and such member shall be elected on such nomination without any voting;

(c) the remainder of the additional members shall be elected successively by a majority of the votes of the councillors who are not members of any such group of councillors as aforesaid;

(d) the number of councillors necessary to form a group for the purposes of this rule shall be the number obtained by dividing the total number of councillors present at the election by the number of additional members to be elected, or where the number so obtained is not a whole number, the whole number next greater than the number so obtained;

(e) no councillor shall be a member of more than one group.

(2) The members of a board of public assistance to be electedby the corporation of a county borough shall be elected in the same manner as additional members are required to be elected by a county council under the foregoing paragraph.

Tenure of Office.

3.—The members of a board of public assistance shall hold office (unless any such member shall sooner die, resign or become disqualified) until the day after their successors have been elected under the foregoing rules.

Disqualification.

4.—(1) A member of a board of public assistance elected by a county council who ceases to be, or is disqualified for being, a member of such county council shall also cease to be, or be disqualified for being, a member of such board of assistance.

(2) A member of a board of public assistance elected by the corporation of a county borough who ceases to be, or is disqualified for being, a member of the city council for such county borough shall also cease to be, or be disqualified for being, a member of such board of assistance.

Resignation and Removal.

5.—A member of a board of public assistance may at any time resign his membership by notice in writing signed by him and delivered, if he has been elected by a county council, to the secretary of the county council or, if he has been elected by the corporation of a county borough, to the town clerk of the borough and to the secretary of the board of public assistance, but such resignation shall not become effective until the meeting of such county council or of the city council for such county borough, as the case may be, held next after the receipt of such notice.

6.—Any member of the council of a county or of the city council for a county borough may with the consent of not less than one-fourth of the members of such council, at any time notify the secretary of such county council or town clerk of such county borough in writing of his intention to propose that the membership of all the members of a board of public assistance who were elected by such county council or by the corporation of such county borough shall be terminated, and the secretary or town clerk, as the case may be, shall thereupon summon a special meeting of such county council or city council for a date not later than one month from the receipt by him of such notification and shall give to every member of such county council or city council, as the case may be, at least fourteen days' notice thereof, and in the event of a resolution (for the passing of which not less than two-thirds of the councillors present shall have voted) being passed at such meeting approving of such proposal, the membership of such members of such board of public assistance shall be thereupon terminated and new members of such board shall be elected forthwith in lieu of those whose membership is terminated.

7.—(1) The membership of any member of a board of public assistance who, for a consecutive period of three months has not attended a meeting of such board, shall thereupon terminate and the county council or city council, as the case may be, at their meeting next after the expiration of such period, shall appoint one of their members to fill the vacancy so created in the membership of the board of public assistance.

(2) Where a meeting of a board of public assistance is abandoned owing to a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and such members shall be deemed to have attended a meeting of the board for the purpose of this rule.

Casual Vacancies.

8.—A casual vacancy occurring in the membership of a board of public assistance shall be filled by the council or corporation by whom the member causing the vacancy was elected within one month after the occurrence of such vacancy or within such further time as the Minister may allow, but where the casual vacancy is occasioned by a member elected for the whole or part of an electoral area under paragraph (a) of Rule 2 of these Rules, the casual vacancy shall be filled from among county councillors elected in that electoral area.

Quorum.

9.—The quorum of a board of public assistance shall be one-fourth of the total number of members of the board.

Meetings.

10.—Every board of public assistance shall hold meetings for the transaction of their business at least once in each month and at such other times as may be necessary for properly exercising their powers and performing their duties.

11.—The first meeting of a board of public assistance shall be held after the election of members of such board has been completed on a day to be appointed by the Minister, and shall be an annual meeting.

12.—Every board of public assistance shall at its first meeting appoint a day of the year not earlier than the 17th day of July nor later than the 1st day of August for the holding of subsequent annual meetings and may at any subsequent annual meeting alter the day so appointed.

13.—Every board of public assistance shall hold an annual meeting in each year and such meeting shall be held on the day which is for the time being appointed for the holding of such meetings under these rules, unless such day shall be a Sunday or bank holiday, when such meeting shall be held on the next following day which is neither a Sunday nor a bank holiday.

14.—If the first or any other annual meeting of a board of public assistance is for any reason (including a quorum not being present) not held on the day appointed for the holding of such meeting under these rules, the secretary of the board shall as soon as may be summon a meeting of the board for a convenient hour on the day which appears to him to be the earliest convenient date for the purpose, and the meeting held in pursuance of such summons shall be for all purposes an annual meeting held on the date appointed under these rules.

Election of Chairman and Vice-Chairman.

15.—At every annual meeting of a board of public assistance the board shall elect a chairman, and may elect a vice-chairman, from amongst its members, who shall hold office until the day after the day of the next annual meeting of the board.

Proceedings at Meetings.

16.—The proceedings of a board of public assistance shall not be invalidated by any vacancy or vacancies among their members or by any defect in the election of such board or in the election or qualification of any member thereof.

17.—The chairman of a board of public assistance may at any time call a meeting of such board.

18.—If the chairman of a board of public assistance refuses to call a meeting of such board after a requisition for that purpose, signed by three members of such board has been presented to him, any three members of such board may forthwith, on that refusal, call a meeting; if such chairman (without so refusing) does not, within seven days after such presentation, call a meeting of such board, any three members of such board may, on the expiration of those seven days, call a meeting.

19.—Three clear days at least before any meeting of a board of public assistance, notice of the time and place of the intended meeting, signed by the chairman, or if the meeting is called by members of the board, by those members, shall be fixed on the hall or other place at which the board is accustomed to meet. Where the meeting is called by members of the board, the notice shall specify the business proposed to be transacted thereat.

20.—Three clear days at least before any meeting of a board of public assistance, a summons to attend the meeting, specifying the business proposed to be transacted thereat, and signed by the secretary of the board shall be left or delivered by post at the usual place of abode of every member of the board, but failure so to leave or deliver such summons for or to a member or some of the members of such board shall not affect the validity of a meeting.

21.—No business shall be transacted at a meeting other than that specified in the summons relating thereto, except (in case of the annual meeting) business required to be transacted thereat.

22.—At every meeting of a board of public assistance, the chairman, if present, shall be chairman. If the chairman is absent, then the vice-chairman shall be chairman. If the chairman is absent and either no vice-chairman has been elected or the vice-chairman is absent then such member of the board as the members then present choose shall be chairman of the meeting.

23.—The names of the members present as well as of those voting on each question shall be recorded, so as to show whether each vote given was for or against the question.

24.—All acts of a board of public assistance and all questions coming or arising before the board may be done and decided by the majority of such members of the board as are present and vote at a meeting of the board duly held according to law.

25.—In case of equality of votes, the chairman of the meeting shall have a second or easting vote.

26.—A member of a board of public assistance shall not vote or take part in the discussion of any matter before the board in which he has, directly or indirectly, by himself or by his partner any pecuniary interest.

27.—Minutes of the proceedings of every meeting shall be drawn up and fairly entered in a book kept for that purpose and shall be signed by the chairman of such meeting or of the next ensuing meeting.

THIRD SCHEDULE. Enactments Under which a Board of Public Assistance is Local Authority.

Number and Year	Short Title
No. 5 of 1925.	The Local Government Act, 1925.
No. 34 of 1926	The Local Authorities (Mutual Assurance) Act, 1926.
No. 39 of 1926	The Local Authorities (Officers and Employees) Act, 1926.
No. 3 of 1927	The Local Government Act, 1927.
No. 23 of 1927	The Juries Act, 1927.
No. 21 of 1928	The Local Authorities (Mutual Assurance) Act, 1928.
No. 19 of 1931	The Local Government Act, 1931.
No. 41 of 1935	The Local Government (Dissolved Authorities) Act, 1935.
No. 42 of 1935	The Local Authorities (Mutual Assurance) Act, 1935.
No. 55 of 1936.	The Local Authorities (Miscellaneous Provisions) Act, 1936.
No. 14 of 1939	The Local Authorities (Combined Purchasing) Act, 1939