upon previous present Parliament assembled, and by the Authority of the same, That no Conveyance, Alienation, Settlement, Charge, Restraining the or Incumbrance whatsoever of, out of, or upon any Lands, Conveyance of Tenements, or Hereditaments to which any Body Corporate perty until the Corporate Proor late or reputed Body Corporate named in the Schedule 1st of Septemto the said first-recited Act annexed, or any One or more ber 1899, unless of the Members of any of the said Bodies Corporate, in his bonâ fide agreed or their corporate Capacity, or any Person or Persons in Trust to 16th Feb. for them or any of them, now have or may hereafter acquire, 1836. or on or before the Sixteenth Day of February One thousand eight hundred and thirty-six had or have since then acquired any Right or Title, unless in pursuance of some Covenant or Contract or Agreement bond fide made or entered into on or before the said Sixteenth Day of February by or on behalf of such Body Corporate, or of some Resolution duly entered in the Corporate Books of such Body Corporate on or before the said Sixteenth Day of February, shall (except as herein-after provided) be made or executed by or on behalf of such Body Corporate before the First Day of September One thousand eight hundred and thirty-nine, and that no Contract, Covenant, or Agreement to convey or to charge such Lands, Tenements, or Hereditaments, entered into after the passing of this Act and before the said First Day of September, shall, except as herein-after provided, be valid; and no Assignment, Grant, or Disposition of, or Covenant or Agreement to affect, any Personal Estate or Estates of any such Body Corporate, which may be hereafter made before the said First Day of September shall, except as herein-after provided, be valid and effectual: Provided always, that nothing herein contained shall extend to Proviso. such Dispositions as may be made before the said First Day of September of any Part of the Real or Personal Estate of any such Body Corporate for paying any just and lawful Debt contracted by them before the said Sixteenth Day of February One thousand eight hundred and thirty-six, or for paying any Debt which any such Body Corporate shall have been or may be directed to pay by any Order, Judgment, or Decree of any Court of Law or Equity, or for defraying the legal Salaries of necessary Officers and other legal and necessary Disbursements of such Body Corporate. Persons appointed to Offices of II. And be it enacted, That no Person who shall have been appointed to any Office or Place of Profit in or by any of the said Bodies Corporate since the said Sixteenth Day of February Profit since One thousand eight hundred and thirty-six shall be entitled, 16th Feb. 1836 by reason of such Appointment, to have any Compensation not entitled to for the Loss of such Office or Place of Profit, or of the Fees and Emoluments thereof, in case Provision shall be hereafter made by Parliament for removing him or authorizing his Removal from such Office or Place of Profit, or for amending or abolishing the same. Compensation on Removal. CAP. CIV. An Act to authorize the County of Clare to borrow WHEREAS a large Sum is due to the County of Clare by George O'Callaghan Esquire, the late Treasurer of the said County, and several Demands upon the said County remain unpaid in consequence thereof: And whereas the Nature and Circumstances of the Property of the said late • Treasurer render it expedient to enter into an Arrangement for securing the ultimate Repayment of the Sums owing by him to the said County, with Interest as herein-after men⚫tioned; and it is expedient to enable the said County in the meantime to borrow such Sum or Sums as may be necessary for discharging the said Demands upon it:' 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, The Chief Re- and by the Authority of the same, That the Chief Remembrancer of the Court of Exchequer in Ireland shall, with all convenient Speed, proceed to ascertain the whole Sum due or payable by the said George O'Callaghan to the said County as such Treasurer as aforesaid, and also to ascertain the Amount of all existing Demands upon the said County, and of all Funds now applicable to the Payment thereof, whether in the Hands of the present Treasurer or otherwise; and he shall certify the Sum due by the aid George O'Callaghan, and the Amount of the said Demands, and of the Funds applicable to the Payment thereof, to the Lord Lieutenant of Ireland in Council. membrancer shall ascertain the Sum due by the late Trea surer of the County of Clare, and certify the same and the Funds applicable; and shall determine whether any and what Proceedings should be taken against him for Recovery of the Sum for which he made default; or may determine that an Agreement JI. And be it enacted, That it shall be lawful for the said Chief Remembrancer, and he is hereby authorized and required, forthwith to investigate the Nature and Circumstances of the Estate, Real and Personal, of the said George O'Callaghan, and to determine thereupon whether any and what Proceedings should be taken to enforce the Payment of the Balance which may be found due by him to the said County, or on account of any Monies for which he was liable, or which he was bound to pay or account for as the Treasurer of such County, and to enforce Payment of the Balance which he shall find due by the said George O'Callaghan, by causing Her Majesty's Writ of Levari facias to issue against him, his Lands and Goods, or by granting a Custodiam of the Lands of the said George O'Cal laghan in like Manner as if he were Debtor to the Crown for the Balance which shall be found due by him as aforesaid; or if the said Chief Remembrancer shall think that it will not be beneficial the late Treasurer for se curing and repaying the Sum, and direct the necessary Acts beneficial to take any such Proceedings, or to take such Pro- should be enceedings only for Part of such Balance, and that, on the tered into with contrary, it would be more to the Public Advantage that an Agreement should be entered into by or for or with the said George O'Callaghan, for his giving or procuring Security for the ultimate Repayment of the Sums or Balance owing by him to the said County, or on account of his Default in his said to be done in Office, with any Interest thereon or any Part thereof, then that order thereto. it shall be lawful for the said Chief Remembrancer, and he is hereby required, to consider and determine the Terms of such Agreement, and the Nature and Amount of such Security, and the Title to the Property to be included in or affected by the same, and the Amount to be charged thereon for Principal, Interest, Receiver's Fees, Poundage, or other reasonable Charges, and the Form and Manner in which, and the Acts, Deeds, Assurances, or other Matters by which, the same ought to be effected, and to direct to be had and done all such Acts, Deeds, and Assurances, and other Matters, as to the said Chief Remembrancer shall seem expedient, either by the Conveyance of any Lands or other Property to a Trustee or Trustees or by effecting a Policy or Policies of Insurance on the Life of the said late Treasurer, and applying any Property to the Payment of the Premiums on such Policy or Policies, and to the Payment of Interest on the Sums or Balance so owing by the said George O'Callaghan, or otherwise, or by such other Ways or Means as the said Chief Remembrancer shall deem expedient, and shall find to be practicable under all the Circumstances of the Case; and to consider and determine on the Person or Persons who shall be Trustee or Trustees for any of the Purposes of such Security; and to consider and determine the Rate of Interest to be payable upon the Balance or Sum so to be secured, or to be included in such Security, (such Rate of Interest not to be less than Five Pounds per Centum per Annum,) and from Time to Time to consider, determine, and make Orders, as to the said Chief Remembrancer shall seem expedient, for compelling the Sheriff or Officer charged with the Execution of such Writ of Levari facias as aforesaid, or the Custodee or Custodees named in any such Custodiam as aforesaid, or any such Trustee or Trustees as aforesaid, to account for any Monies which he or they shall receive as aforesaid, and to pay any Balance due by him or them into the Bank with which the Treasurer of the said County has his public Account, to the Credit thereof, as the Chief Remembrancer shall direct, or for the Removal of such Custodee or Custodees, or Trustee or Trustees, or for the Appointment of other and others in their or his Room, or for compelling such Trustee or Trustees to assign over to such Person or Persons as the said Chief Remembrancer shall nominate, as new Trustee or Trustees, any Property vested in him or them as such Trustee or Trustees; and further from Time to Time to consider, determine, and make Orders, as to the said Chief Remembrancer shall seem expedient, for effectuating the 1 & 2 VICT the Purposes of any such Security as aforesaid, and for preventing the same from being defeated or delayed, or for any other Purposes of this Act; and all such Orders as the said Chief Remembrancer shall make touching the Premises shall be enforced by Attachment or otherwise, and shall have such Force and Effect as any Order or Orders which he is or shall be by Law empowered to make in the Performance of any of the Functions or Duties appertaining to his Office; and all the Powers and Authorities now vested in him for taking, enforcing, or auditing the Accounts of County Treasurers, or any other Accounts, by virtue of an Act passed in the last Session of Parliament, intituled 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, and of the said Lord Lieutenant's Warrant in pursuance thereof, shall and may be used and applied in and towards the Performance of any Duty or Power imposed on or given to him by this Act. III. And be it enacted, That it shall and may be lawful for the said Lord Lieutenant of Ireland in Council, by any Order to be by him made for that Purpose, to authorize the present Treasurer of the said County to borrow, upon the Security of a County Rate to be levied as herein-after mentioned, any Sum that the said Lord Lieutenant in Council shall deem necessary beyond the Balance in his Hands for enabling the said County to discharge any of the said existing Demands upon it, and to direct that the same, with such Interest thereupon as the said Lord Lieutenant in Council shall think proper, shall be levied off the County as Grand Jury Cess now is, by so many Instalments as shall be stated in the said Order, and that the first and each subsequent Instalment shall be paid at such Assizes as in and by the said Order shall be appointed in that Behalf; and if any Person shall agree with the said Treasurer to lend or advance the Amount of the said Instalments, or any of them, for the Use of the said County, and shall pay the same into the Bank with which the said Treasurer has his public Account as aforesaid, to the Credit of the said Account, it shall be lawful for the said Treasurer to give to him a Draft upon the said Bank for the Amount of each Instalment which he shall so advance, and which Draft shall be countersigned by the Clerk of the Crown of the said County, and shall be made payable to the Payee or his Order, with such Interest as aforesaid, at the Assizes at which the said Instalment ought to be paid under or by virtue of the said Order in Council; and the said Treasurer shall include the Amount of every such Instalment, and of the Interest which will become payable thereupon, in the Warrant which he shall issue for raising the Sums leviable under the Grand Jury Presentments of the preceding Assizes, and the same shall be raised and paid into the said Bank in like Manner as any Sums leviable by Grand Jury Presentment ought now to be; and any Sum or Sums which shall be lent or advanced as aforesaid shall be paid and applied by the said Treasurer Treasurer in satisfaction of the said Demands, in such Manner as the said Lord Lieutenant in Council shall in and by such Order as aforesaid direct. Remembrancer in Dublin Ga IV. And be it enacted, That any Order which the said Chief Order of Chief Remembrancer shall make for any of the Purposes of this Act shall be lodged shall be lodged with the Clerk of Her Majesty's Privy Council with Clerk of in Ireland, who shall cause the same to be published in the Privy Council, Dublin Gazette; and it shall be lawful for the said Lord Lieu- and published tenant in Council to reverse or vary the same, provided a zette. Petition of Appeal against such Order shall be presented to the said Lord Lieutenant in Council within Twenty-one Days after the same shall have been published as aforesaid in the said Gazette, and shall not in the meantime take effect. V. And be it enacted, That the Words and Expressions herein Interpretation mentioned, which in their ordinary Signification have a more of certain Terirs confined or a different Meaning, shall in this Act, except where used in this Act. the Nature of the Provision or Context of the Act shall exclude such Construction, be interpreted as follows; (that is to say,) the Words "Lord Lieutenant of Ireland" shall extend to any Lords Justices or other Chief Governor or Governors of Ireland; and the Word "Land" shall extend to Manors, Messuages, and other Hereditaments, whether corporeal or incorporeal; and the Word "Person" shall extend to and comprise all and every Bodies Politic and Corporate, Sole and Aggregate; and every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male. VI. Provided always, That nothing herein contained shall be Suretics of construed to release or to authorize the said Chief Remembrancer G. O'Callaghan not released. to release the Sureties of the said George O'Callaghan from their Liability under the Recognizances entered into by them or either of them. VII. And be it enacted, That this Act shall be deemed and Publie Act. taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others. VIII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended. Parliament. CAP. CV. An Act to remove Doubts as to the Validity of certain E it declared and 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 All Persous to in all Cases in which an Oath may lawfully be and shall have be bound by the been administered to any Person, either as a Juryman or a tered in the Witness, or a Deponent in any Proceeding, Civil or Criminal, Form, &c. which in any Court of Law or Equity in the United Kingdom, or on Oath adminis such Persons may declare Appoint- binding. |
