trates, Inspectors, Chief or other Constables, or Sub-Constables, XXXVII. And be it enacted, That the Inspector General to be appointed under this Act shall, with the Assistance of the Receiver, in sufficient Time before each Assizes and Presenting Term, ascertain the Amount of the Monies chargeable under the Provisions of this Act on each County, County of a City, of a Town, or any Part of any County, and shall make out a Certificate thereof under his Hand, specifying the Force or Service in respect whereof such Charge may have been incurred, and transmit the same, when approved and certified by the Chief or Under Secretary of the said Lord Lieutenant or other Chief Governor or Governors, to the Secretary of the Grand Jury for such County, County of a City and County of a Town, One Week before said Assizes and Presenting Term, who shall lay the same before the Grand Jury; and thereupon it shall be lawful for such Grand Jury, and they are hereby required, to make a Presentment for the Amount stated in such Certificate or in any previous Certificate, the Amount whereof shall not have been already presented, to be raised from off the County at large, County of a City, or County of a Town, or City and County respectively, in the same Manner as any Presentment for Constables may by Law be now raised therefrom; and it shall not be lawful for the Court at any Assizes or Presenting Term to fiat any Presentment for raising any other Money until such Presentment for such Expences be first made and allowed; and whenever the Amount stated in such Certificate shall be levied, the same shall be paid to such Bank or Person and in such Manner as the Lords of the Treasury or the Commissioners of the Treasury, or any Three or more of them, shall from Time to Time think fit to direct and appoint; and thereupon, but not before, as to all Sums mentioned in such Certificate as aforesaid, such County shall be deemed to be discharged. One Moiety of such Advances to be repaid by the County. Inspector ascertain the County, and certify the same to the Grand Jury. XXXVIII. And be it enacted, That it shall be lawful for the Lord Receiver to be High Treasurer or the Commissioners of His Majesty's Treasury, appointed. Monies to be lodged in the Bank of Ireland. Monies to be accounted for, and Accounts to be examined by the Commissioners. Receiver to or any Three or more of them, to appoint a Person to receive all Sums of Money applicable to the Purposes of this Act, who shall be called "The Receiver for the Constabulary Force of Ireland ;" and the said Lord High Treasurer or the said Commissioners, or any Three or more of them, may remove any such Person if he or they shall see Occasion so to do, and may, upon any Vacancy in that Office by Death, Removal, or otherwise, appoint another Person to be such Receiver; and the Receiver for the Time being shall give Security to His Majesty in a Bond, with Two Sureties, in such Sum as the said Lord High Treasurer or the said Commissioners of the Treasury, or any Three or more of them, shall direct, such Bond to be conditioned for the faithful Performance of his Duty by such Receiver, and for the due Application of all Monies paid to him under this Act; and the Receiver for the Time being shall receive all Sums of Money applicable to the Purposes of this Act, and shall keep an exact and particular Account thereof, and shall immediately pay all Monies, Bills, and Notes by him received under this Act into the Hands of the Governor and Company of the Bank of Ireland, and the same shall be placed to an Account in the Books of the said Governor and Company, which shall be entitled "The Account of the Public Monies of the Receiver for the Constabulary Force in Ireland," and such Receiver shall draw out of the said Bank from Time to Time such Sums of Money as may be necessary for the Payment of the Salaries and Allowances payable under this Act, and of all other Charges and Expences attendant upon the Execution of the same, and shall from Time to Time transmit to the Paymasters of the several Counties the Monies required to defray all such Salaries, Charges, and Expences within such Counties respectively: Provided always, that the said Receiver and the said Paymaster shall be governed, in respect to all their pecuniary Transactions, whether of Receipt or Payment, and in respect of the Periods in which and for which they shall severally and respectively deliver their Accounts of such Receipts and Payments, accompanied by the proper and necessary Vouchers in support thereof, and as to the Manner in which such Accounts shall be kept and prepared and exhibited for Audit, by such Rules and Regulations as shall be issued in that respect from Time to Time by the Lord High Treasurer or the Commissioners of the Treasury, or any Three or more of them; and every Draft or Order for Money on the Bank of Ireland, drawn by the Receiver, shall be countersigned by the Inspector General or by one of his Deputies; and all Drafts and Orders so drawn and countersigned, but not otherwise, shall be a sufficient Authority to the Bank to pay the Amount thereof to the Persons named therein or to the Bearers of them. XXXIX. And be it further enacted, That the said Receiver and the said Paymaster shall be and be deemed to be Public Accountants, and shall be subject to the Regulations and Penalties in force in respect to Public Accountants; and that their Accounts shall be submitted to and examined by the Commissioners for auditing the Public Accounts, or by such Person or Persons as the Lord High Treasurer or the Commissioners of His Majesty's Treasury, or any Three or more of them, shall direct. XL. And be it enacted, That the said Receiver for the Time make Contracts, being shall make all such Contracts as shall be necessary for pur and all the chasing vested in him. chasing or renting any Lands or Buildings, or for erecting, fitting Property acup, furnishing, or repairing any Buildings for the Purposes of this quired under Act, in such Manner as the Lord Lieutenant or other Chief this Act to be Governor or Governors of Ireland shall direct; and the Right, Title, Property, and Interest to and in all Lands and Buildings, and in and to the Fixtures and Furniture thereof, and in and to all Goods and Chattels whatsoever to be from Time to Time held, rented, or purchased for the Purposes of this Act, shall be vested in the said Receiver for the Time being, in whom shall be vested the Property in and to all Arms, Accoutrements, Horses, Saddles, Bridles, and other Necessaries to be at any Time furnished to the said Constabulary Force; and the said Receiver for the Time being may sell, assign, or dispose of the Whole or any Part of any such Property as aforesaid, and as the Lord Lieutenant or other Chief Governor or Governors of Ireland shall from Time to Time direct, and the Monies arising from such Sale or Disposition shall be carried to and make Part of the Funds arising to the Credit of the Account of the said Receiver at the Bank of Ireland: Provided always, that it shall be lawful for the said Lord High Treasurer or Lords Commissioners, or any Three or more of them, from Time to Time to establish such Regulations as he or they may think proper in respect of all Contracts to be entered into, or Purchases or Payments made, for or on account of the said Constabulary Force; which several Rules and Regulations shall be certified by the said Commissioners of the Treasury to the said Receiver and to the several and respective Paymasters of the several Counties, and shall be of full Force and Authority, and shall be observed by all Persons whatsoever in relation to all Matters and Things therein contained. XLI. And be it enacted, That upon the Death, Resignation, or Removal of any Receiver appointed under this Act the Balance of Cash for which he shall at that Time have Credit on his Account as Receiver with the Governor and Company of the Bank of Ireland, or on the Superannuation Fund or Reward Fund Account, and all Stock, Bills, Notes, Government or other Securities for Money, which he may at such Time have in that Character, shall, as soon as a Successor shall be appointed to the Office of Receiver, actually vest in such Successor, and shall be immediately transferred to the Account of such Successor, to be applied for the Purposes of this Act; and the Receiver for the Time being is hereby required to issue his Drafts or Orders, countersigned by the said Inspector General or Deputy Inspector, for all unsatisfied Charges and Demands payable out of the Monies in the Bank, although the same shall have accrued in the Time of any former Receiver. XLII. And be it enacted, That if any Person, having resigned or having been removed from the Office of Receiver, shall neglect, within Twenty-one Days after Notice for such Purpose, to account for and pay to any succeeding Receiver all such Sums of Money as shall remain in his Hands applicable to the Purposes of this Act, it shall be lawful for the Receiver for the Time being, in his own proper Name only, or by Name and Description of Office, to sue for and recover the same from such Person, with Double Costs of Suit, in any of His Majesty's Courts of Record at Dublin, by 6 & 7 GUL. IV. F Action Upon the Death at the Bank ferred to his Successor. Upon Removal sue for any Mode of proceeding. Special Bail. Court may refer the Accounts to an Officer or Arbitrator. Mode of pro. ceeding against the Representatives of a deceased Receiver. Proof of Receiver's official Character. Reputation to be Evidence of Appointments. Action of Debt; in which Action it shall be sufficient for such Receiver to declare as for Money had and received to the Use. of such Receiver for the Purposes of this Act; and the Defendant in the Action may, at the Discretion of any Judge of such Court, be held to Special Bail in such competent Sum as the Judge shall order; and the Court in which the Action shall be brought may, at the Instance of either of the Parties, refer the Account in dispute in a summary Manner to be audited by any Officer of the Court, or other fit Person, who may examine both Plaintiff and Defendant upon Oath (which Oath the said Referee shall have Power to administer), and upon the Report of such Referee, unless either of the Parties shall show good Cause to the contrary, the Court may make a Rule, either for the Payment of such Sum as upon the Report shall appear to be due, or for staying the Proceedings in the Action, and upon such Terms and Conditions as to the Court shall appear reasonable, or the Court may order Judgment to be entered up by Confession for such Sum as upon the Report shall appear to be due. XLIII. And be it enacted, That in case of the Death of any Person during the Time that he shall be holding the Office of Receiver, or after he shall have resigned or been removed from such Office, the Receiver for the Time being may, in his own proper Name only, or by his Name and Description of Office, sue for and recover from the Executors or Administrators of such Persons deceased all such Sums of Money as shall have been remaining in his Hands applicable to the Purposes of this Act, in any of His Majesty's Courts of Record at Dublin; in which Action it shall be sufficient for the Plaintiff to declare that the Deceased was indebted to the Plaintiff for Money had and received to his Use for the Purposes of this Act, or that the Deceased died possessed of Money had and received for the Purposes of this Act, whereby an Action hath accrued to the Plaintiff to demand and have the same from such Executors or Administrators; and the like Action may be brought against any Executors or Administrators of Executors or Administrators; and in all such Actions the Defendant or Defendants may plead in like Manner, and avail themselves of the like Matters in defence, as in any Action founded upon Simple Contracts of the original Testator or Intestate; and the Court may refer the Account in dispute to be audited by any Officer or Person, and may proceed upon the Report of such Referee in like Manner as herein-before mentioned; and in all Actions to be brought, as well as in all Proceedings whatsoever to be instituted or carried on by any Receiver by virtue of this Act, Proof of his acting in the Execution of the Office of Receiver shall be sufficient Evidence of his holding such Office, unless the contrary shall be shown in Evidence by the Defendants in such Actions, or the Parties against whom such Proceedings shall be instituted or carried on. XLIV. And be it enacted, That if any Question shall arise as to the Right of any Magistrate, or of any Inspector, Sub-Inspector, Chief Constable or Head Constable, or Sub-Constable, to hold or execute any such Office respectively, common Reputation shall to all Intents and Purposes be deemed and held to be sufficient Evidence of such Right; and it shall not be necessary to produce any Appointment, Appointment, or any Oath, Affidavit, or other Document or Matter whatsoever, in Proof of such Right. XLV. Provided always, and be it enacted, That nothing in this Act contained shall extend, or in anywise be deemed or construed to extend, to repeal, affect, or take away the Election or Appointment of High Constables by Grand Juries for the Purpose of collecting the Sums presented by such Grand Juries, or of Parish Constables, or Constables of any Leet, in Ireland, or of Petty Constables of Baronies or Districts, by Grand Juries or by Magistrates at Sessions, or to take away or diminish or infringe the Powers or Authorities of any such Constables in any respect whatever; but no such Constable shall be deemed to belong to the said Constabulary Force, nor as such be entitled to any Payment or Salary under this Act. per This Act not to Constables, Constables. XLVI. And be it enacted, That there shall be deducted from the Superannuation Pay and Salary of the several Persons appointed under this Act, Fund to be except the Receiver and Paymasters, the Sum of Two Pounds provided. Centum per Annum, and so rateably from any Pay or Salary of whatever Amount; which Sum so deducted shall from Time to Time be invested in Government Stock by and in the Name of such Receiver, and the Interest and Dividends thereof, or so much of the same as shall not be required for the Purposes herein-after next mentioned, shall be likewise invested in such Stock, and accumulate so as to form a Fund to be called "The Police Superannuation Fund," and to be applied from Time to Time as Occasion may require for the Payment of such Superannuation or Retiring Allowances or Gratuities as may be at any Time from the passing of this Act ordered or appointed from Time to Time by the Lord Lieutenant or other Chief Governor or Governors of Ireland, under the Powers herein-after given to him, to be charged, on the said Fund or payable thereout; and in case the Fund so accumulated shall be inadequate to pay such Superannuations or Retiring Allowances, one Half of such Deficiency shall be made up by Presentment of the Grand Juries of the respective Counties, Counties of Cities, and Counties of Towns, in such Proportions as the Lord Lieutenant or other Chief Governor or Governors of Ireland shall from Time to Time direct and appoint, and the other Half thereof shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland arising in Ireland: Provided always, that in the Case of any yearly Allowance, Remuneration, or Superannuation granted under the said recited Acts, and directed to be presented by the Grand Jury of any County, the same shall be wholly payable and presented by the Grand Jury of such County as heretofore. XLVII. And be it further enacted, That it shall and may be Lord Liculawful to and for the Lord Lieutenant or other Chief Governor or tenant emGovernors of Ireland, in his or their Discretion, upon the Petition powered to of any Magistrate, Superintendent, Inspector General, Deputy In- superannuate Inspector, &c., spector General, County Inspector, Sub-Inspector, Chief or other and Grand Jury Constable, or Sub-Constable, who shall have been appointed under shall present this Act, or who may have been appointed and acted under said yearly Allowrecited Acts or any of them, and, in the Case of any Chief Con- ances accordstable, upon such Recommendations and Certificates as such Lord ingly. Lieutenant or other Chief Governor or Governors shall require and F 2 direct, |