Page images
PDF
EPUB

Isle of Ely to

be a Division of a County.

Certain Townships to be separated from the Liberty of Ripon and be. come Parts of the North

Riding.

Act may be

repealed or altered.

or other Person to whom any such Warrant or Warrants shall or may be addressed or directed are and is hereby authorized to apprehend and take any such Person or Persons so charged on Oath as aforesaid (and whose Name or Names shall be inserted in such Warrant or Warrants) with any such Felony or Misdemeanor committed in the said County of Cambridge or in the said Isle of Ely, without Indorsement of such Warrant or Warrants by any Justice of the Peace of the said County of Cambridge or of the said Isle of Ely.

VII. And whereas Doubts have arisen whether the Isle of Ely is included in Enactments made in several Statutes respecting Counties, Ridings, or Divisions;' be it therefore enacted, That under such Statutes heretofore passed or hereafter to be passed the Isle of Ely shall be deemed and taken to be a Division of a County.

6

VIII. And whereas the Townships of Feliskirk and Sutton' under-Whitestonecliffe, in the Parish of Feliskirk and Townships of Kilburn and Marton Lordship, in the County of York, are locally situated within the North Riding of the said County, and yet for certain Purposes are esteemed to be within the Liberty of Ripon in the said County, heretofore Part of the Secular Jurisdiction of the Archbishop of York: And whereas by the said Act of the last Session of Parliament it was amongst other things enacted, that all the Secular Jurisdiction. of the said Archbishop of York in the said Liberty of Ripon 'should from and after the passing of the said Act cease and determine, and should become and be transferred to and vested in His said late Majesty, His Heirs and Successors; And whereas the said Townships are distant upwards of • Fourteen Miles from Ripon aforesaid, and it is highly expedient that the said Townships should be entirely separate and distinct from the said Liberty of Ripon;' be it therefore enacted, That from and after the passing of this Act, the said Townships of Feliskirk and Sutton-under-Whitestonecliffe, and the said Townships of Kilburn and Marton Lordship, be absolutely removed and separated out of and from the said Liberty of Ripon, and out of and from the Jurisdiction thereof, and become Parts of the said North Riding, to all Intents and Purposes whatsoever, and be solely within the Jurisdiction of the said North Riding; any Custom or Usage to the contrary thereof in anywise notwithstanding.

IX. And be it enacted, That this Act may be repealed or altered by any other Act in this present Session of Parliament.

CAP. LIV.

An Act to provide more effectual Means to make
Treasurers of Counties and Counties of Cities in
Ireland account for Public Monies, and to secure
the same.
[15th July 1837.]
WHEREAS it is expedient to make further Provisions

for the more effectual Audit of the Accounts of Trea< surers of Counties and Counties of Cities and Towns in Ireland, and for securing a due Application of Grand Jury Cess: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Accounts of the said several Treasurers of Counties and Counties of Cities and Towns shall, from and after the Commencement of this Act, be from Time to Time audited and declared by such Officer as the Lord Lieutenant or other Chief Governor or Governors in Ireland shall from Time to Time by Warrant authorize to audit and declare the same; and the said Treasurers shall make out their Accounts in such Form as the said Officer shall direct, and shall transmit the same to him, together with proper Vouchers for their Receipts and Payments, within such Time as the Lord Lieutenant in Council shall by such Rules and Orders as are herein-after mentioned appoint; and the first Account which shall be rendered by each Treasurer as aforesaid shall commence with the Balance due by him or to him on the last Account which he shall have passed according to Law before the Commencement of this Act: Provided nevertheless, that it shall be lawful for each such Officer as aforesaid to. inquire, in any Case in which he shall deem it necessary so to do, whether any Sum or Sums for which such Treasurer shall have had Credit in any Account heretofore passed by him as or for any Payment or Disbursement by him was duly paid or disbursed; and if he shall find that it was not, it shall be lawful for him to charge such Treasurer with the Amount thereof; and the said Officer, after examining each Account rendered to him as aforesaid, with the Documents annexed thereto, shall settle and declare the same, and shall lodge such Account when so settled and declared with the Clerks of Her Majesty's Privy Council in Ireland, who shall transmit One Copy thereof to the Treasurer whose Account it is, and One other Copy to the Clerk of the Crown of the County for which he acts; and the said Clerk of the Crown shall cause the same to be printed and published in such Manner as shall be directed by such Rules and Orders as herein-after mentioned; and from and after the First Day of September One thousand eight hundred and thirty-seven it shall not be necessary for the said Treasurers to account to or before any other Person or Body.

Accounts of Treasurers to be audited by Officer appointed by the Lord Lieute

nant of Ireland.

II. And be it enacted, That it shall be lawful for the said The Duty of Lord Lieutenant or other Chief Governor or Governors of auditing such

Ireland

Accounts may

be annexed to any existing Office, with the Consent of the Person holding

the same.

Power to Audi

Treasurers

and summon

Witnesses.

Ireland to annex the Duty of auditing the said Accounts to any existing Office, by and with the Consent of the Person holding the same, and thereupon to regulate such Office and any other Office or Offices which it may be necessary to regulate therewith, provided the Person or Persons holding the same shall consent thereto, and the future Powers and Duties of any Office so regulated shall be such as shall be assigned to it in and by such Regulations as the said Lord Lieutenant or other Chief Governor or Governors shall by Warrant signed by him or them make in that Behalf, and any Provisions or Enactments theretofore made touching such Office shall thenceforth cease and be repealed, save as to any Act or Acts theretofore done and any Right or Rights now enjoyed by virtue of any such Provision or Enactment: Provided always, that nothing herein contained or which shall be done by virtue hereof shall extend to alter or affect the Tenure by which any such Office as aforesaid is now holden, or any Salary, Fees, or Emoluments now appertaining thereto, or any Right now vested in Her Majesty to grant any Annuity to any Person upon his resigning

the same.

III. And be it enacted, That it shall be lawful for the said tor to examine Officer to call before him and examine each Treasurer upon the Matter of his Account, and also any other Person whom he may deem it necessary to examine on the Matter thereof, the Expence of the Attendance of such Treasurer or other Person being defrayed out of the Funds herein-after mentioned, to the Extent that shall be approved of by the said Officer and not otherwise; and it shall be lawful for him to examine such Treasurer or other Person upon Oath; or if such Treasurer or other Person shall refuse to be sworn, or if such Officer shall think fit for any other Reason so to do, it shall be lawful for him to require such Treasurer or other Person to make and subscribe a Declaration in Writing of the Truth of what he shall state upon any such Examination; and if any such Treasurer or other Person shall wilfully give false Testimony before the said Officer, or wilfully make and subscribe a false Declaration, he shall on being convicted thereof suffer the Pains and Penalties of Perjury; and it shall be lawful for such Officer to compel the Attendance of any Witness before him by a Subpoena ad testificandum or a Subpoena duces tecum, and which Subpoena shall be issued by the Secondary of the Court of Exchequer by his Direction; and any Person omitting to obey such Subpoena shall be deemed guilty of a Contempt of the said Court, and, upon Complaint by or on behalf of Her Majesty's Attorney General, shall be punishable in the said Court accordingly.

Lord Lieutenant to make

Regulation for auditing Accounts and

for securing Balances.

IV. And be it enacted, That it shall be lawful for the said Lord Lieutenant of Ireland in Council to make such Rules or Regulations as to the said Lord Lieutenant in Council shall seem fit for regulating the Audit of the said Accounts, and for causing each Treasurer to open a Public Account with the Bank of Ireland or such Bank as the Grand Jury of the

[blocks in formation]

respective Counties shall appoint, and for causing any Balance which shall be from Time to Time found due by him to be paid into the said Bank by him to the Credit of the said Account; and for restricting all Collectors of Grand Jury Cess from making any Payments to him otherwise than by lodging such Monies as shall be from Time to Time in their Hands respectively in such Bank to the Credit of his said Account, and for causing all Monies which shall be raised by virtue of any Sequestration or Levari facias which may be issued against him as herein-after mentioned to be also paid into such Bank to the Credit of his said Account, and also for regulating the Manner in which any Monies which shall be from Time to Time standing to the Credit of such Account shall be drawn out by him, so as to provide that each Payment to be made by him, where the Sum shall exceed Ten Pounds, shall be paid by a Draft on the said Bank in favour of the Person entitled to receive the same, and that each Draft shall be so countersigned, and shall contain such Specification of the Purposes for which the same shall be drawn as to the said Lord Lieutenant in Council shall seem expedient, and so as also to provide that no Treasurer shall be authorized to draw any Money out of the said Bank unless by a Draft in favour of a Person entitled to receive the Amount thereof under some Grand Jury Presentment, or by some Order made upon such Treasurer according to Law, and which shall be countersigned as aforesaid, save by and with the express Authority of such Officer as aforesaid, and which Authority it shall be lawful only for him to give for the Purpose of enabling such Treasurer to pay to himself any Balance which may be due to him on any Account which shall be settled and declared as aforesaid, or for the Purpose of enabling such Treasurer to have from Time to Time in his Hands sufficient Money for the Discharge of Demands not exceeding each the Sum of Ten Pounds.

make default in accounting Sequestration

to issue.

V. And be it enacted, That if any such Treasurer shall If Treasurer neglect to render such Accounts and Vouchers as aforesaid, or to attend and be examined before such Officer as aforesaid, when his Attendance shall be required before him, it shall be lawful for the said Officer to certify his Default to the Secondary of Her Majesty's Court of Exchequer in Ireland, who shall thereupon issue Her Majesty's Writ of Sequestration against such Treasurer; and the same shall not be discharged until said Treasurer shall have duly accounted and paid his Balance, pursuant to such Rules and Orders as aforesaid; and all Sums received by the Sequestrators in the meantime by virtue of the said Sequestration shall, after deducting their Fees, be paid by them into the Bank of Ireland to the Credit of the said Treasurer's Account.

VI. And be it enacted, That it shall be the Duty of every such Treasurer as aforesaid to produce or transmit to the Officer by whom his Account shall have been settled and declared as aforesaid, within such Time after the Settlement of each Account as shall be specified by such Rules or Orders as aforesaid, the Receipt

Treasurer to
produce Bank
Receipts for
Balances.

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Receipt of such Bank as aforesaid for any Balance by him payable into the said Bank as aforesaid; and if any such Treasurer shall omit so to do, it shall be the Duty of the said Officer to certify the Default of such Treasurer to the said Secondary, who shall thereupon issue Her Majesty's Writ of Levari facias against such Treasurer for recovering the Amount of such Balance with Costs, and with Interest on such Balance at the Rate of Six Pounds per Centum per Annum until the same shall be levied; and the Sum levied under such Writ of Levari facias as aforesaid shall be paid into the said Bank to the Credit of such Account as aforesaid, and the Sheriff or Sheriffs to whom the same shall be directed shall make a Return thereof to the said Officer, within such Time as shall be specified by such Rules and Orders as aforesaid.

VII. And be it enacted, That upon the Death, Removal, or Resignation of any such Treasurer as aforesaid, the Balance at such Bank as aforesaid to the Credit of such Treasurer shall vest in his Successor, and shall not be deemed the Property of such late Treasurer, or be in any Manner subject to his Control, or that of his personal Representative.

the Sum

VIII. And be it enacted, That if any Sheriff or Sheriffs shall neglect duly to execute any Levari facias or Warrant which shall be issued to him or them as aforesaid, or to pay levied thereupon as hereby directed, such Sheriff or Sheriffs shall be amenable for his Neglect to the said Court of Exchequer, and the said Court may deal with him as with a defaulting Officer of the said Court; and it shall be the Duty of Her Majesty's Attorney General, upon having the Neglect of such Sheriff certified to him in such Manner as shall be prescribed by such Rules and Orders as aforesaid, to proceed against such Sheriff or Sheriffs in the said Court as the Exigency of the Case shall require.

IX. And be it enacted, That all Bonds or Recognizances heretofore entered into, and all Investments in Government Funds or Securities heretofore made for securing the due Performance of the Duties appertaining to such Treasurers and Collectors as aforesaid, shall continue in full Force and be deemed and taken to be conditioned or made for the due Performance of all Duties appertaining to such Officers respectively under or by virtue of the Provisions of this Act.

X. Provided always, and be it enacted, That so soon as any such Treasurer as aforesaid shall have passed his first Account before such Officer as aforesaid, and shall have paid the Balance due by him thereupon into such Bank as aforesaid, and shall have entered into such new Security as herein-after mentioned, it shall be lawful for such Officer as aforesaid and he is hereby required to give to such Treasurer a Certificate thereof, whereupon the Recognizances theretofore entered into by himself and his Sureties shall be vacated or discharged, or the Funds or Securities which shall have been substituted for such Recognizances shall be transferred to him, upon his applying to the Court of Chancery in Ireland by Motion for that Purpose.

XI. And

« EelmineJätka »