COMMIS- Аст, 1847. deliver to them, or to any person appointed by 10 Vic. c. 16, them for that purpose, a true and perfect account in writing, under his hand, of all monies received by him on behalf of the Commissioners; and such account shall state how and to whom and for what purpose such monies have been disposed of; and together with such account such officer shall deliver the vouchers and receipts for such payments; and every such officer shall pay to the Commissioners, or to any person appointed by them to receive the same, all monies which shall appear to be owing from him upon the balance of such accounts. recovery failing to 71. If any such Collector or other officer fail to Summary render such accounts as aforesaid, or to produce against and deliver up all the vouchers and receipts parties relating to the same in his possession or power, account. or to pay the balance thereof when thereunto required, or if for five days after being thereunto required he fail to deliver up to the Commissioners, or to any person appointed by them to receive the same, all papers and writings, property, effects, matters, and things, in his possession or power, relating to the execution of this or the special Act, or any Act incorporated therewith, or belonging to the Commissioners, then on complaint thereof being made to a Justice, or to the Sheriff", such Justice or Sheriff shall summon such officer to appear before two or more Justices, or before such Sheriff, according as the summons may have been issued by a Justice or by the Sheriff, at a time and place to be set forth in such summons, to answer such charge; and upon the appearance of such officer, or upon proof that such summons was personally served upon him, or left at his last known place of abode, such Justices or Sheriff may hear and determine the matter in a summary way, and may adjust and declare the balance a The Commissioners Clauses Act, 1847, is applicable to the whole of the United Kingdom; and the word "Sheriff,” as used in this section, is applicable to Scotland only. (See the interpretation clause, § 3.) COMMIS SIONERS CLAUSES Аст, 1847. 10 VIC. c. 16, owing by such officer; and if it appear, either upon confession of such officer, or upon evidence, or upon inspection of the account, that monies any of the Commissioners are in the hands of such officer, or owing by him to the Commissioners, such Justices or Sheriff may order such officer to pay the same, and if he fail to pay the amount it shall be lawful for such Justices or Sheriff to grant a warrant to levy the same by distress, or by poinding and sale, or in default thereof to commit the offender to gaol, there to remain without bail for a period not exceeding three months, unless the same be sooner paid. Officers refusing to make out account and deliver up documents, committed to prison. 72. If any such officer summoned as aforesaid refuse to make out such account in writing, or to produce and deliver to the Justices or Sheriff the several vouchers and receipts relating thereto, or &c, may be to deliver up any books, papers, or writings, property, effects, matters, or things, in his possession or power belonging to the Commissioners, such Justices or Sheriff may commit such offender to gaol, there to remain until he shall have delivered up all the vouchers and receipts in his possession or power relating to such accounts, and all the books, papers, writings, property, effects, matters, and things, in his possession or power, belonging to the Commissioners. Whore officer about to abscond, a warrant may be 73. Provided always, That if any Commissioner, or other person acting on behalf of the Commissioners, shall make oath that he has good reason issued in the to believe, upon grounds to be stated in his depofirst instance. sition, and that he does believe that it is the intention of any such officer as aforesaid to abscond, the Justice or the Sheriff before whom the complaint is made may, instead of issuing his summons, issue his warrant for bringing such officer before such two Justices as aforesaid if the warrant be issued by a Justice, or before such Sheriff if the warrant be issued by him; but no person executing such warrant shall keep such officer in custody longer than twenty-four hours without bringing him before some Justice or the Sheriff, according as he may be summoned before the one or the other; COMMIS SIONERS CLAUSES ACT, 1847. and the Justice or Sheriff before whom such officer 10 Vic. c. 16, may be brought may either discharge such officer, if he think there is no sufficient ground for his detention, or order such officer to be detained in custody so as to be brought before two Justices at a time and place to be named in such order, unless such officer give bail to the satisfaction of such Justice for his appearance before such Justices to answer the complaint of the Commissioners. against 74. No such proceeding against or dealing with Proceedings any such officer as aforesaid shall deprive the officers not to Commissioners of any remedy which they might discharge otherwise have against any surety of such officer. suretjes. c. 65, PROVISIONS Of "THE CEMETERIES CLAUSES ACT, 10 & 11 Vic. 1847" (10 & 11 Vic. c. 65), which are incor- CEMETERIES porated with "THE BURIAL GROUNDS (Ireland) ACT, 1856." CLAUSES Аст, 1847. And with respect to the protection of the cemetery, Protection of Be it enacted as follows: cemetery. damaging &c. $58. Every person who shall wilfully destroy Penalty for or injure any building, wall, or fence belonging to cemetery, the cemetery, or destroy or injure any tree or plant therein, or who shall daub or disfigure any wall thereof, or put up any bill therein or on any wall thereof, or wilfully destroy, injure, or deface any monument, tablet, inscription, or gravestone within the cemetery, or do any other wilful damage therein, shall forfeit to the Company for every such offence a sum not exceeding five pounds. a See § 35 of the Burial Grounds Act (p. 574), according to which the term "Company," as used in this Act, is to signify "Burial Board" under that Act. c. 65, CLAUSES 10 & 11 VIC. 59. Every person who shall play at any game CEMETERIES or sport, or discharge fire-arms, save at a military funeral, in the cemetery, or who shall wilfully and unlawfully disturb any persons assembled in the Penalty for cemetery for the purpose of burying any body therein, or who shall commit any nuisance within the cemetery, shall forfeit to the Company for every such offence a sum not exceeding five ACT, 1847. committing nuisances, &c., in the cemetery. pounds. 9. POOR REMOVAL ACTS REMOVALS FROM ENGLAND TO IRELAND. 8 & 9 VIC. c. 117, REMOVAL 1845. 8 & 9 VICT. CAP. 117. An Act to amend the Laws relating to the Removal of Poor Persons born in Scotland, Ireland, the Islands of Man, Scilly, Jersey, or Guernsey, and chargeable in England. [8th August, 1845.] WHEREAS it is expedient that the laws relating to the removal of poor persons born in Scotland or Ireland, or in the islands of Man, Scilly, Jersey, or Guernsey, and not settled in England, but chargeable to parishes in England, should be amended: 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 from and after the passing of this Act so much of the e. 5, § 1, 2; following Acts of Parliament, and of all Acts to amend or continue the same, as relates to the 7 Wm. 4, and removal of such poor persons from the parishes to Repeal of 11 Geo. 4, and 1 Wm. 4, 3 & 4 Wm. 4, c. 40; 1 Vic. c. 10; 3 & 4 Vic. which they are chargeable, except so far as any of c. 117, POOR REMOVAL Аст, 1845. c. 27, and c. 42. the said Acts may repeal the provisions of any 8 & 9 VIC. former Act, and except as to all orders made under the same or any of them, and not fully executed at the passing of this Act, shall be and the same is hereby repealed; (namely) an Act made in the eleventh year of the reign of King George 7 & 8 Vic. the Fourth, "to repeal the provisions of certain Acts relating to the removal of vagrants and poor persons born in the isles of Jersey and Guernsey, and chargeable to parishes in England, and to make other provisions in lieu thereof;" an Act made in the fourth year of the reign of King William the Fourth, "to repeal certain Acts relating to the removal of poor persons born in Scotland and Ireland, and chargeable to parishes in England, and to make other provisions in lieu thereof until the first day of May one thousand eight bundred and thirty-six, and to the end of the then next Session of Parliament." removal of Ireland, and Jersey, and Guernsey. 2. And be it enacted, That if any person born Provision for in Scotland or Ireland, or in the Isle of Man, natives of or Scilly, or Jersey, or Guernsey, not settled in Scotland, England, become chargcable to any parish in the Isles of England by reason of relief given to himself or Man, Scilly, herself or to his wife, or to any legitimate or bastard child, such person, his wife, and any child so chargeable, shall be liable to be removed respectively to Scotland, Ireland, the Isle of Man, Scilly, Jersey, or Guernsey; and if the Guardians of such parish, or of any union in which the same may be comprised, or where there are no such Guardians, if the Overseers of such parish, complain thereof to any one Justice of the Peace, such Justice may, if such person do not attend voluntarily, summon him to come before any two Justices of the Peace, at any time and place to be named in the summons; and at such time and place, or on the attendance of such person, any two Justices may hear and a Under the 1st section of the 10 & 11 Vic. c. 33, any Guardian, Relieving Officer, or Overseer, may take and convey before two Justices, without summons or warrant, every poor person who shall become chargeable, and who he may have reason to believe is liable to be removed from England under this Act. |