34 & 35 VIC. c. 71, 1871. For the purposes of this Act, and the due execuJURIES ACT tio of the same, the Clerks of Poor Law Unions (IRELAND), and the Collectors of Poor Rates within the county of the city of Dublin shall give to the CollectorGeneral of Rates for the city of Dublin all such assistance as he may require, and shall produce to him all rate-books in their or any of their custody which he may desire to use. Penalties for 45. If any Clerk of a poor law union, or any Collector-General of Rates for the city of Dublin, or any Poor Rate Collector, shall refuse or neglect (unless prevented by sickness) to prepare or assist in preparing, or to deliver to the Clerk of the Peace, any list required by this Act, so that the same shall not be made out and delivered at the time and in the manner herein-before directed, or shall wilfully omit out of any such list the name of any man whose name ought to be inserted therein, or shall wilfully insert therein the name of any man whose name ought to be omitted therefrom, or shall take any money, reward, or promise of money or reward, or other consideration, for omitting or inserting any man whatsoever, or shall wilfully insert therein a wrong description of the name, place of abode, title, quality, calling, or business, or of the nature or amount of the qualification of any man, or shall refuse or wilfully neglect, in case the number of forms of returns delivered by the Clerk of the l'eace shall be insufficient, to apply to the Clerk of the Peace for a sufficient number, so that the said lists may be made out at the time and in the manner herein-before directed, or shall, after due notice, refuse or wilfully neglect to produce any rate-book or other book or document which he may be required to produce before any such Court as aforesaid, or to answer on oath such questions touching the same as shall be there put, or to attend before such Court or any such adjournment thereof as aforesaid, every such person offending in any of the foregoing cases shall, for every such offence, forfeit a sum not exceeding fifty pounds nor less than forty shillings, at the discretion of the Court or Judge before whom such offender shall be convicted. 34 & 35 VICT. CAP. 109. EXTRACTS from the "Act to amend the Law relating to the Local Government of Towns and populous Places in Ireland," passed 21st August, 1871. 1. This Act may be cited for all purposes as Short title. "The Local Government (Ireland) Act, 1871." 2. This Act shall commence and take effect on the first day of September one thousand eight hundred and seventy-one. 3. In the construction of this Act The term "Lord Lieutenant" shall mean the The term "Chief Secretary" shall mean the The term "town," in relation to any govern- Commence ment of Act Interpretation. 34 & 35 VIC. c. 109, LOCAL GOVERN MENT (IRELAND) Аст, 1871. Audit of accounts. Duties of The term "Lands Clauses Acts" shall mean The term "court" shall mean the Court of The term "rules of court" shall mean rules to shall mean "pre scribed by the rules of court." AUDIT OF ACCOUNTS. 11. The accounts of the receipts and expenditure of the governing body of every town in Ireland, except the boroughs or municipalities of Cork, Kilkenny, and Waterford, shall be audited and examined once in every year by the Auditor of accounts relating to the relief of the poor for the union in which such town or the greater part thereof is situate, unless such Auditor be a contractor for any articles or things supplied to, or be a member of the governing body of, such town, or unless such Auditor is unable to undertake the duties incident to such audit, in any of which cases such accounts shall be audited by such Auditor of accounts relating to the relief of the poor for any other union, or by such other person as may, from time to time, be appointed by the Chief Secretary for that purpose. 12. Every Auditor acting in pursuance of this Auditor, and Act shall examine into the matter of every appeal against de- account which is to be audited by him, and shall cision of disallow and strike out of every such account all Auditor. payments, charges, and allowances made by any person and charged upon the funds of any town a The 31 & 32 Vic. c. 97 ("The Lunatic Asylums Accounts Audit Act") contains a similar provision for auditing the accounts of lunatic asylums by Poor Law Auditors. sur c. 109, LOCAL GOVERN MENT Аст, 1871. contrary to law, or which he deems to be un- 34 & 35 VIC. founded, and shall surcharge the same upon the person making or authorizing the making of the illegal payment, and shall certify the same to be (IRELAND) due from such person, and upon application by any party aggrieved shall state in writing at the foot of such account the reasons for his decision in respect of such disallowance or surcharge, and also of any allowance which he may have made; and it shall be lawful for every person aggrieved by any such allowance and for every person aggrieved by such disallowance or charge, if such last-mentioned person have first paid or delivered over to any person authorized to receive the same all such money, goods, and chattels as are admitted by his account to be due from him or remaining in his hands, to apply to the Court of Queen's Bench for a writ of certiorari to remove into the said Court the said allowance, disallowance, or surcharge, in the like manner and subject to the like conditions as are provided in respect of persons suing forth writs of certiorari for the removal of orders of Justices of the Peace, except that the condition of the recognizance shall be, to prosecute such certiorari, at the costs and charges of such wilful without any person, or affected delay, and if such allowance, disallowance, or surcharge be confirmed, to pay to such Auditor or his successor, within one month after the same may be confirmed, his full costs and charges, to be taxed according to the course of the said Court, and except that the notice of the intended application, which shall contain a stateinent of the matter complained of, shall be given to such Auditor or his successor, who shall in return to such writ return a copy under his hand of the entry or entries in such book of account to which such notice shall refer, and shall appear before the said Court, and defend the allowance, disallowance, or surcharge so impeached in the said Court, and shall be reimbursed all such costs and charges as he may incur in such defence out 34 & 35 Vic. of the rates which the governing body of the town . 109, LOCAL GOVERN MENT ACT, 1871. interested in the decision of the question have power to make, unless the said Court make any IRELAND) order to the contrary; and that, on the removal of such allowance, disallowance, or surcharge, the said Court shall decide the particular matter of complaint set forth in such statement, and no other; and if it appear to such Court that the decision of the said Auditor was erroneous, they shall, by rule of the Court, order such sum of money as may have been improperly allowed, disallowed, or surcharged, to be paid to the party entitled thereto by the party who ought to repay or discharge the same; and they may also, if they see fit, by order of the Court, direct the costs of the person prosecuting such certiorari to be paid out of rates which the governing body have power to make, as to such Court may seem fit; which orders of Court respectively shall be enforced in like manner as other orders of the said Court are enforceable. As to recovery of disallowances. Provided always, that it shall be lawful for any person aggrieved as aforesaid by any allowance, disallowance, or surcharge, in lieu of making application to the Court of Queen's Bench for a writ of certiorari, to apply to the Chief Secretary to inquire into and to decide upon the lawfulness of the reasons stated by the Auditor for such allowance, disallowance, or surcharge, and it shall thereupon be lawful for the Chief Secretary to issue such order therein, under his hand, as he may deem requisite for determining the question. 13. Every sum certified to be due from any person by the Auditor under this Act shall be paid by such person to the Treasurer of the governing body within fourteen days after the same shall have been so certified, unless there be an appeal against the decision; and if such sum is not so paid, and there is no such appeal, the Auditor shall recover the same from the person against whom the same has been certified to be due, by the like process and with the like powers |