MINUTES OF 2nd MEETING KILDARE COUNTY COUNCIL 29th APRIL 1899

Minutes of a meeting of the Council of the County Kildare, held in the Council Chamber in the County Court House, Naas, on Saturday, 29^th April 1899, at 12:30 p.m. o’clock.

(1) (38)

The Secretary called over the names of the Councillors, and all the members of the Council were found to be present or attended shortly afterwards except Mr. James Kelly of Bohergoy & Mr. Peter Crosbie. The Chair was occupied by

 

(2) (39)

With reference to Minute N°. 5 of 22^nd April, the Secretary read a letter from Mr. Joseph Connolly, Pollardstown, accepting the position of Additional County Councillor under Sub-Section (2) of Section 3 of the Local Govt. Act. Mr Connolly being now present made the Statutory declaration accepting Office, and took his seat on the Council.

 

(3) (40)

The Minutes of the last meeting of the County Council were read and confirmed and signed by the Chairman.

 

The Chairman read his Minutes of a meeting of the Finance Committee, held at 10:30 a.m. on this date, and submitted same as their report. It was then –

 

(5) (42)

The County Council approved of the decision of the Finance Committee (in their Minute N°. 3) relative to the account furnished by Mr. Charles Daly Sub-Sheriff, as Returning Officer, for his election expenses.

 

(6) (43)

The Finance Committee, in their Minute N°.4, recommended that the several sums applied for by Unions and District Councils amounting to £9645: 6: 7, as set out in County Council Minute N°. 20, should be paid. The County Council approved of this, and Form N°. 27, authorising the County Treasurer to make the necessary transfers to the Union and District funds, was subsequently handed in by the Secretary and signed by the Chairman and two members of the Council.

(7) (44)

The County Council also approved of the further payments recommended by the Finance Committee in their Minutes N°^s. 5, 7, & 8, viz:-

 

 

	£   s    d
To Mr. Charles Daly, Returning Officer, on account	500   –   –
To Naas Gas Company Limited	11  9   3
To Hibernian Bank, Ld., Naas, for credit of the Subsidiary Account	100   –   –
To G. de L. Willis, Secretary to the Council, tovprovide temporary clerical assistance in his Office	50      –  –

 

Form N°. 14 for the foregoing amounts was subsequently handed in by the Secretary and duly signed by the Chairman and two members of the County Council.

 

(8) (45)

The remaining Minutes of the Finance Committee were also approved of.

 

(9) (46)

With reference to County Council Minute N°.11 respecting the appointment of a Joint Committee for Carlow Lunatic Asylum, the Secretary read a letter (N^o. 23726) dated 28^th April, from the Local Government Board, stating that “the Kildare County Council cannot formally appoint members to act on the Joint Committee until after 16^th May next, ……. but they may consider the question of the persons to be selected, at their meeting to-morrow,” and further stating that only two persons could be selected who are not members of the Kildare County Council.

The County Council decided to defer further action in this matter until their next meeting to be held after 16^th May.

 

(10) (47)

County Treasurer: – With reference to County Council Minute N°.22, the Secretary read a letter (N°.23577) dated 26^th April from the Local Government Board stating that “the Bank which acted formerly as Treasurer of the Grand Jury will continue so to act unless, under Section 83 of the Local Government (Ireland) Act 1898 the County Council of a County appoint another Bank as Treasurer.”                                                   

 

(11) (48)

County Treasurer’s Account:- With reference to County Council Minute N°.21 the Secretary read the following letter from the Hibernian Bank, Naas, dated 28^th April:-

    “Dear Sir,

Yours faithfully

On considering the foregoing letter it was –

Proposed by Mr. John Field, seconded by Mr. M. J. Minch, M.P., and carried:-

That the terms for temporary advance and interest on current balances proposed by the Hibernian Bank be accepted.

 

(12) (49)

Bank Overdraft: – Proposed by Colonel Sir G. R Dease, seconded by Mr. J. P. Dowling, and carried unanimously –

That the Local Government Board be requested to sanction an overdraft up to £10,000 as may be required from time to time up to 30th September next.

 

(13) (50)

With reference to County Council Minute N°.31 respecting the appointment of a third additional councillor for Baltinglass N°.3 Rural District Council, the Secretary read a letter (N°.24056) dated 28^th April from the Local Government Board, stating that in their opinion the County Council had correctly interpreted Section 113(3) of the Local Government (Ireland) Act.

The Secretary also read a telegram from the Clerk of Baltinglass N°.3 District Council as follows:-

“To Willis, Naas. District Council nominate Edward Peter O’Kelly, J.P. Baltinglass. (Signed) Dagg.”

It was accordingly proposed by Mr. Owen Cogan, seconded by Mr. Edward Hayden, and unanimously passed –

That Mr. Edward Peter O’Kelly be appointed a third additional Councillor for the Rural District of Baltinglass N°3, under Section 113(3) of the Local Government Act.

 

(14) (51)

 With reference to County Council Minute N°35, the Secretary read a letter (N°.24056) dated 28^th April from the Local Government Board, concurring with the view taken by the County Council to the effect that the Council had no jurisdiction under the Diseases of Animals Acts in the portion of Naas Union which is situate outside the bounds of their County.

In consequence of the foregoing letter the Notice prohibiting movement and the Notice of a fresh outbreak of sheep scab handed in by Mr. C Black at the last meeting of the Council, were now handed back to him, and his five withdrawals of Notice were marked read.

 

(15) (52)

Diseases of Animals Acts – The Secretary read a circular (N°.380/99) from the Assistant Under Secretary, Dublin Castle, relative to the business transferred to the County Council under the Diseases of Animals Acts 1894 and 1896.

On considering same it was – Proposed by Mr. J. P. Dowling, seconded by Mr. M.J. Minch, M.P., and carried –

That the Chairman & Vice Chairman of the five District Councils of the County and of the Boards of Guardians of the Athy, Celbridge, Naas and Edenderry & Baltinglass Unions be an Executive Committee for the purposes of the Diseases of Animals Acts, any three to form a quorum. The first meeting of the Committee to be on whatever day may be fixed for the next meeting of the County Council.

 

(16) (53)

The Council further adjourned to their next meeting the consideration of fixing dates for the quarterly meetings of the Rural District Councils.

 

(17) (54)

The Secretary read a letter (N°.22344) dated 22^nd April, from the Local Government Board, stating that in their opinion “Collectors of Poor Rate are placed in exactly the same position as Collectors of County Cess with regard to employment by the County Council, and no preference is given, so far as the Board are aware, to one class over the other. Having regard to the terms of Section 115(12)(c) of the Local Government (Ireland) Act, 1898, The Board consider that if a Cess Collector has expressed his unwillingness to serve, he is entitled to receive a gratuity even if the County Council are willing to employ him.”

On the foregoing letter being read, Mr. Dudley White, B.L. instructed by Mr. Kennedy, Solicitor, asked the permission of the Council to make some observations on behalf of the Poor Rate Collectors, and he was permitted to do so.

 

The Council proceeded to consider the salaries to be fixed for the County Coroners. The Secretary handed in an abstract of the Coroners’ Accounts for the five years ended at Summer Assizes, 1898. Dr. Falconer, Q.C., instructed by Mr. W. A. Lanphier, Solicitor, appeared for the Coroners, and handed in a similar abstract, prepared by the Coroners themselves, and which showed that they estimated that their average emoluments, including salary, fees, and mileage for the five years in question had been –

Dr. Smyth ———– £93:2:5.        Dr. O’Neill ———— £152:8:0

After hearing Counsel and examining the abstracts of accounts the Council agreed to accept these estimates as correct.

On the motion of Mr. Edward Hayden, seconded by Mr Laurence Malone, Dr. O’Neill’s salary was fixed at £152:8:0 in terms of Section 14 of the Local Government Act.

Mr. Edward Hayden proposed and Mr. Laurence Malone seconded that Dr. Smyth’s salary should be £123.

Mr. John Field proposed and Mr. George Wolfe seconded an amendment – that Dr. Smyth’s salary be £110.

Mr. J.P.Dowling proposed and Mr Thomas Orford seconded a further amendment – that Dr. Smyth’s salary be £100.

Mr. Owen Cogan proposed and Mr. James Kelly (Rathbride) seconded a further amendment – that Dr. Smyth’s salary be £93:2:5.

A division was taken upon Mr. Cogan’s amendment with the result that there voted for the amendment Mr. Owen Cogan, Mr. James Kelly (Rathbride), Mr. A. More O’Farrell, Mr. Joseph O’Loughlin, and Mr. Cassidy. There noted against the Amendment all the other members excepting Mr. Minch, Mr. Medlicott and Mr. Kelly of Bohergoy (who were absent).

Mr. Cogan’s Amendment was accordingly declared lost.

A division was then taken on Mr. J. P. Dowling’s amendment – that Dr. Smyth’s salary be £100. There voted for the amendment all the members except Messrs. Minch, Medlicott & Kelly of Bohergoy (who were absent).

There voted against it Mr. Edward Hayden & Mr. Laurence Malone. The amendment was accordingly declared carried, and was then put by the Chairman as an original resolution, and was declared carried on a division in which the voting was the same as for the amendment.

Dr. Smyth’s salary was accordingly fixed at £100 – in terms of Section 14 of the Local Government Act.

The Council further decided that the salaries of both Coroners, at the rates now fixed, should be paid as from 1^st April 1899, up to which date they are to be paid their salaries and emoluments at the rate heretofore paid.

                                                                   (56)

County Kildare Infirmary – Pursuant to notice Mr. John T. Heffernan moved as follows:-

“That the Secretary be instructed to communicate with the Trustees of the Duke of Leinster as to whether they are disposed to enter into negotiations with regard to the opening of the County Infirmary.” Mr. Heffernan’s resolution was seconded by Mr. Edward Hayden. Lord Frederick Fitzgerald being present stated, on behalf of the Trustees of the Duke of Leinster, that they would be prepared to enter into negotiations for the re-opening of the Kildare Infirmary, but not for the letting of the Doctor’s residence, as that house had been let on lease.

After considerable discussion Mr. Heffernan withdrew his resolution, and the following Notice of Motion was handed in by Mr. A. More O’Farrell:-

“That the question of the re-opening of the Kildare Infirmary be referred to the several Rural District Councils of the County Kildare, and that they be requested to favour the Council with their views at next meeting”.

 

                                                                (57)

County Carlow Infirmary – The following Notice of Motion was handed in by Mr. Edward Hayden:-

“To ask the County Council to instruct their Secretary to communicate with the Committee of the Carlow County Infirmary, to see if arrangements could be made for patients from the Electoral Division of Ballaghmooon, and the townlands of Ballyhale & Knocknacree to be sent to and treated at that Infirmary.”

 

                                                                 (58)

Railway Reform Association – Proposed by Mr. W. R. Ronaldson, seconded by Mr. John Field and unanimously adopted:-

That the County Kildare County Council appoint members to represent them on the Railway Reform Association, viz., Mr. Ronaldson, Mr. Field & Mr. W. McKenna.

 

                                                                (59)

The next meeting of the County Council was fixed for Saturday, 27^th May, at 12:39 p.m.

 

                                                                (60)     

Provisions for Sudden Damage Orders – The County Surveyor submitted the following resolution, and same was proposed by Mr. J P Dowling, seconded by Mr. Laurence Malone, and unanimously adopted:-

For the purpose of providing for the immediate repair of a Sudden Damage to any public work, under Section 11 of the Local Government (Ireland) Act, 1898, the County Council hereby direct their County Surveyor to forward a certificate relating to such sudden damage and stating probable cost of repair, to the County Councillor of the district in which the damage occurred. Such certificate, if countersigned by the Councillor and returned to County Surveyor, to be full authority for execution of the necessary repairs, provided the expense, if wholly a District charge does not exceed £50. Where the expense will be wholly a District charge and exceeding £50 – The County Surveyor, before proceeding with the work of repairs, shall communicate with the Clerk of the District Council in whose District the sudden damage occurred, and forward to him a copy of the signed and countersigned certificate above referred to. If after the lapse of ten days the District Council do not communicate with the County Council Surveyor (vide Minute?? N°141 – may well have been written into Minutes at later stage) and object to the expense, the County Surveyor to have authority to proceed with repairing the damage. Expenditure on Sudden Damages to be paid out of “Subsidiary Account”, upon certificates issued by the County Surveyor.

 

Train Service to Naas – Proposed by Mr. George Mansfield, D.L., seconded by Mr. George Wolfe, and unanimously adopted:-

That we call the attention of the Great Southern & Western Railway Co. to the inadequacy of the present train service to Naas & Sallins, owing to which the Jurors, Witnesses, professional men attending Assizes and Quarter Sessions, the members of this Council and of the District Council, and the public generally are subjected to great inconvenience and we urge upon the Company the necessity of improving the present service.

 

Bills for Confirming Provisional Orders – The Secretary read a circular (N°20734/1899) dated 24^th April, from the Local Government Board, containing particulars of arrangements made by the Irish Government with reference to Bills to be introduced in Parliament for the purpose of confirming Provisional Orders made by the Local Govt., Board under the Public Health (Ireland) Acts, the Housing of the Working Classes Acts, and the Local Govt., Act 1898.

Malicious Injury Claim £250 – The Secretary handed in notices of a claim for malicious injury for £250 which had been served on him on behalf of Major R.H. Borrowes, D.L. On considering same it was proposed by Mr. J.P. Dowling, seconded by Mr. J.T. Heffernan, and unanimously agreed –

That our Solicitor be instructed to defend the claim made for malicious damage of £250 by Major Barrowes.

 

Revised Valuation Lists – The Secretary read a circular (dated 28^th April) from the Commissioner of Valuation, forwarding the revised Valuation Lists for the County of Kildare, and a Statement for each Rural District showing the changes made in the Valuation during the recent annual revision, and also printed copies of Instructions issued by him under the Valuation Acts.

 

The Council adjourned to Saturday 27^th May

Stephen J Brown Ch.

27^th May 1899.