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(5) Where it appears to Her Majesty the Queen in Council, before the expiration of _one year_ after the appointed day, that any existing enactment respecting matters within the powers of the Irish Legislature requires adaptation to Ireland, whether--
(_a_) By the subst.i.tution of the Lord-Lieutenant in Council, or of any departments or office of the Executive Government in Ireland, for Her Majesty in Council, a Secretary of State, the Treasury, the Postmaster-General, the Board of Inland Revenue, or other public department or offices in Great Britain; or
(_b_) By the subst.i.tution of the Irish Consolidated Fund or moneys provided by the Irish Legislature for the Consolidated Fund of the United Kingdom, or moneys provided by Parliament, or
(_c_) By the subst.i.tution or confirmation by, or other act to be done by or to, the Irish Legislature for confirmation by or other act to be done by or to Parliament; or
(_d_) By any other adaptation; Her Majesty, by Order in Council, may make that adaptation.
(6) Her Majesty the Queen in Council may provide for the transfer of such property, rights, and liabilities, and the doing of such other things as may appear to Her Majesty necessary or proper for carrying into effect this Act or any Order in Council under this Act.
(7) An Order in Council under this section may make an adaptation or provide for a transfer either unconditionally or subject to such exceptions, conditions, and restrictions as may seem expedient.
(8) The draft of every Order in Council under this section shall be laid before both Houses of Parliament for not less than two months before it is made, and such order when made shall, subject as respects Ireland to the provisions of an Irish Act, have full effect, but shall not interfere with the continued application to any place, authority, person, or thing, not in Ireland, of the enactment to which the Order relates.
[Sidenote: Continuance of existing laws, courts, offices, etc.]
=37.=--Except as otherwise provided by this Act, all existing laws, inst.i.tutions, authorities, and officers in Ireland, whether judicial, administrative, or ministerial, and all existing taxes in Ireland shall continue as if this Act had not pa.s.sed, but with the modifications necessary for adapting the same to this Act, and subject to be repealed, abolished, altered, and adapted in the manner and to the extent authorised by this Act.
[Sidenote: Appointed day.]
=38.=--Subject as in this Act mentioned the appointed day for the purposes of this Act shall be the day of the first meeting of the Irish Legislature, or such other day not more than _seven_ months earlier or later as may be fixed by order of Her Majesty in Council either generally or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections.
[Sidenote: Definitions.]
=39.=--In this Act unless the context otherwise requires--
The expression 'existing' means existing at the pa.s.sing of this Act.
The expression 'const.i.tuency' means a parliamentary const.i.tuency or a county or borough returning a member or members to serve in either House of the Irish Legislature, as the case requires, and the expression 'parliamentary const.i.tuency' means any county, borough, or university returning a member or members to serve in Parliament.
The expression 'parliamentary elector' means a person ent.i.tled to be registered as a voter at a parliamentary election.
The expression 'parliamentary election' means the election of a member to serve in Parliament.
The expression 'tax' includes duties and fees, and the expression 'duties of excise' does not include licence duties.
The expression 'foreign mails' means all postal packets, whether letters, parcels, or other packets, posted in the United Kingdom and sent to a place out of the United Kingdom, or posted in a place out of the United Kingdom and sent to a place in the United Kingdom, or in transit through the United Kingdom to a place out of the United Kingdom.
The expression 'telegraphic line' has the same meaning as in the Telegraphs Acts, 1863 to 1892.
The expression 'duties on postage' includes all rates and sums chargeable for or in respect of postal packets, money orders, or telegrams, or otherwise under the Post-office Acts or the Telegraph Act, 1892.
The expression 'Irish Act' means a law made by the Irish Legislature.
[Sidenote: 26 & 27 Vict. c. 112. 41 & 42 Vict. c. 76. 55 & 56 Vict. c. 59.
7 Will. 4, and 1 Vict. c. 36. 32 & 33 Vict. c. 73. 48 & 49 Vict. c. 58.]
The expression 'election laws' means the laws relating to the election of members to serve in Parliament, other than those relating to the qualification of electors, and includes all the laws respecting the registration of electors, the issue and execution of writs, the creation of polling districts, the taking of the poll, the questioning of elections, corrupt and illegal practices, the disqualification of members, and the vacating of seats.
The expression 'rateable value' means the annual rateable value under the Irish Valuation Acts.
The expression 'salary' includes remuneration, allowances, and emoluments.
The expression 'pension' includes superannuation allowance.
[Sidenote: Short t.i.tle.]
=40.=--This Act may be cited as the Irish Government Act, 1893.
SCHEDULES.
FIRST SCHEDULE: LEGISLATIVE COUNCIL--CONSt.i.tUENCIES AND NUMBER OF COUNCILLORS.
------------------------------------------ Const.i.tuencies. Councillors.
--------------------------- -------------- Antrim County Three Armagh County One Belfast Borough Two Carlow County One Cavan County One Clare County One Cork County-- East Riding Three West Riding One Cork Borough One Donegal County One Down County Three Dublin County Three " Borough Two Fermanagh County One Galway County Two Kerry County One Kildare County One Kilkenny County One King's County One Leitrim and Sligo Counties One Limerick County Two Londonderry County One Longford County One Louth County One Mayo County One Meath County One Monaghan County One Queen's County One Roscommon County One Tipperary County Two Tyrone County One Waterford County One Westmeath County One Wexford County One Wicklow County One --------------------------- -------------- Forty-eight ------------------------------------------
The expression 'borough' in this schedule means an existing parliamentary borough. Counties of cities and towns not named in this Schedule shall be combined with the county at large in which they are included for Parliamentary elections, and if not so included, then with the county at large bearing the same name.
A borough named in this Schedule shall not for the purposes of this Schedule form part of any other const.i.tuency.
SECOND SCHEDULE: IRISH MEMBERS IN THE HOUSE OF COMMONS.
--------------------------------------------------- Number of Members Const.i.tuency. for House of Commons.
------------------------------ -------------------- Antrim County Three Armagh County Two Belfast Borough (in divisions } as mentioned below) } Four Carlow County One Cavan County Two Clare County Two Cork County (in divisions } as mentioned below) } Five Cork Borough Two Donegal County Three Down County Three Dublin County Two " Borough (in divisions } as mentioned below) } Four Fermanagh County One Galway County Three " Borough One Kerry County Three Kildare County One Kilkenny County One " Borough One King's County One Leitrim County Two Limerick County Two " Borough One Londonderry County Two " Borough One Longford County One Louth County One Mayo County Three Meath County Two Monaghan County Two Newry Borough One Queen's County One Roscommon County Two Sligo County Two Tipperary County Three Tyrone County Three Waterford County One " Borough One Westmeath County One Wexford County Two Wicklow County One ------------------------------ -------------------- Eighty ---------------------------------------------------
(1) In this Schedule the expression 'borough' means an existing parliamentary borough.
(2) In the parliamentary boroughs of Belfast and Dublin, one member shall be returned by each of the existing parliamentary divisions of those boroughs, and the law relating to the divisions of boroughs shall apply accordingly.
(3) The county of Cork shall be divided into two divisions, consisting of the East Riding and the West Riding, and three members shall be elected by the East Riding, and two members shall be elected by the West Riding; and the law relating to divisions of counties shall apply to these divisions.
THIRD SCHEDULE: FINANCE-IMPERIAL LIABILITIES, EXPENDITURE, AND MISCELLANEOUS REVENUE.
_Liabilities._
For the purposes of this Act, 'Imperial liabilities' consist of:--
(1) The funded and unfunded debt of the United Kingdom, inclusive of terminable annuities paid out of the permanent annual charge for the National Debt, and inclusive of the cost of the management of the said funded and unfunded debt, but exclusive of the Local Loans Stock and Guaranteed Land Stock, and the cost of the management thereof; and
(2) All other charges on the Consolidated Fund of the United Kingdom for the repayment of borrowed money, or to fulfil a guarantee.
_Expenditure._
For the purpose of this Act Imperial expenditure consists of expenditure for the following services:--
1. Naval and military expenditure (including Greenwich Hospital).