Imatges de pàgina
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sessment how

Authority of which the same were made were directed to be repaid to be recovered. by means of Parochial Assessment, such Chief or Under Secretary as aforesaid shall from Time to Time, but not oftener than once in each Year, certify to the Churchwarden or Churchwardens, or in case there shall be no Churchwarden to any Two Inhabitants, of the Parish to or for the Use of which any such Advance as aforesaid was made, or wherein any such Money so advanced may have been expended, the Amount of the Sum or Sums remaining due on account of such Advance, specifying in such Certificate the Purpose or Object on account of which and also the Act or Acts under the Authority of which such Advance was made, and if so authorized by the Commissioners of Her Majesty's Treasury, or any Three or more of them, the Instalment or Portion of such Sum or Sums which it is considered just or necessary to call for at the Time of giving such Certificate; and all and every such Churchwardens or Churchwarden or Inhabitants, as the Case may be, are hereby required, upon the Receipt of such Certificate, to call a Vestry of such Parish, and at such Vestry the Sum or Sums stated in such Certificate to be due and owing by such Parish on account of such Advance aforesaid, or such Instalment or Portion thereof as may be so required by such Certificate to be then assessed, if the Whole shall not be then called for, shall be assessed accordingly, and the same shall be applotted, raised, and levied on such Parish in like Manner as Parochial Assessments may or might have been or be applotted, raised, and levied by virtue of an Act passed in the Seventh Year of the Reign of King George the Fourth, intituled An Act to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks, in Ireland; and the Money so levied shall be paid over in such Manner and to such Bank or Person as the Commissioners of Her Majesty's Treasury, or any Three or more of them, shall direct.

7 G. 4. c. 72.

Proceedings in case of Default of Vestry Applotment.

XXI. And be it enacted, That in case such Churchwarden or Churchwardens or Inhabitants (as the Case may be) shall neglect to call such Vestry for the Space of One Month after such Certificate shall be so sent to such Churchwardens or Inhabitants as aforesaid, or in case any Vestry so called shall decline or neglect to make any such Assessment as aforesaid, it shall and may be lawful for the Justices of Her Majesty's Court of Queen's Bench in Ireland in case of the County or County of the City of Dublin, and for any Judge of Assize in any other County, upon a Motion for that Purpose made in open Court, and such Justices or Judge (as the Case may be) are and is hereby required, to make an Order directing the Sum or Sums which ought to have been so assessed to be raised and levied off such Parish in like Manner as if the same had been duly assessed according to the Provisions of this Act, and also (if necessary) appointing One or more Person or Persons to applot and levy such Sum or Sums upon the Inhabitants of such Parish, or directing the same to be levied by the County Treasurer off the said Parish, as if the same had been presented to be levied thereout by any Grand Jury Presentment; and every such Order shall have the like Force and Effect as any Vote of Vestry duly made under this Act, and shall be to all Intents and

Purposes

Purposes deemed, considered, and acted upon as such Vote of Vestry by all and every Person and Persons whose Office or Duty it would have been to carry such Vote of Vestry into effect, or by the said Person or Persons so appointed by the said Court or Judge, or by the said Treasurer, as the Case may be.

Monies lost by

Default of
County Trea

surers to be
presented again.

XXII. And whereas it is expedient to make more effectual Pro'vision for securing the Public Treasury against Loss from the • Insolvency of County Treasurers and others;' be it therefore enacted, That in every Case in which Money has been or shall be issued out of the Consolidated Fund or any other of the Public Funds or Monies of the United Kingdom, to or for the Use of any County in Ireland, or any Part or Division of the same respectively, under the Authority of any Act or Acts which did or do or shall require such Money to be replaced or repaid by means of Grand Jury Presentment, and in pursuance thereof such Money has been or shall be presented or ordered to be levied accordingly, but nevertheless the same is or shall be unpaid by reason of the absconding or Insolvency or Default of the Treasurer of such County, or of any Collector or other Person empowered to collect or receive Public Money therein, then and in every such Case the Amount of the Sum so remaining unpaid as aforesaid shall be certified to the Secretary of the Grand Jury for such County by the Chief or Under Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, and thereupon the like Presentment or Order shall be made, the like Proceedings taken, the like Powers exercised, and Acts and Matters and Things whatsoever done and executed, for rendering effectual the Levy and Repayment of every Sum so certified as last aforesaid, as are hereinbefore directed, authorized, and required for rendering effectual the Levy and Repayment of any other Sum certified to be due by such Chief or Under Secretary to any such Secretary of the Grand Jury as aforesaid pursuant to the Provisions herein-before in that Behalf contained: Provided always, that before taking any such Proceedings as aforesaid for procuring the Repayment of any Money which may have been or be so presented, but which shall remain unpaid by reason of the absconding, Insolvency, or Default of any such Treasurer, Collector, or other Person empowered to collect or receive the same as aforesaid, the Commissioners of Her Majesty's Treasury shall cause the Accounts relating to such Issues or Advances and Repayments to be audited and the Balances remaining due to be ascertained by the Officer charged for the Time being with the Duty of auditing the Accounts of the Treasurers of Counties and Counties of Cities and Towns in Ireland under an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to provide more effectual Means to make Treasurers of 1&2 Vict. c. 53. Counties and Counties of Cities in Ireland account for Public Monies, and to secure the same; and such Officer is hereby authorized and required to audit the said Accounts and ascertain such Balances, and shall for that Purpose have all such Powers and Authorities as he may now by Law have for the Audit of the said Treasurers Accounts; and the said Officer shall cause a Notice of the Time appointed for the Audit of such Accounts as regards each County respectively to be given to the Secretary of the Grand Jury of such County, who shall lay the same before the Grand Jury of such

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Penalty on Officers neglecting or refusing to act hereunder.

Officers, Collectors, &c. accountable.

Money due by Counties shall be certified by

such County at the next ensuing Assizes; and they shall have Power, if they shall so think fit, to direct the Treasurer of the County to attend such Audit with all proper Vouchers and Documents; and the Expence of the Attendance of such Treasurer, and of any other Person whom such Officer shall deem it necessary to examine on the Matters aforesaid, shall be defrayed to the Extent that shall be approved of by such Officer, and not otherwise, out of the Fee Fund in the said last-recited Act mentioned, and the Amount so disbursed in respect of the Audit of the Accounts of each County shall be levied off each such County by Grand Jury Presentments, together with and in addition to the Amount of the Fee by the said last-mentioned Act directed to be so levied.

XXIII. And be it enacted, That if any Secretary of a Grand Jury, Treasurer of any County, or any Churchwarden of any Parish in Ireland, or any Collector of Grand Jury or Parish Cess, or other Person, shall neglect or refuse to perform any of the Duties which by this Act he is required to perform, he shall for every such Offence forfeit and pay to the Queen's most Excellent Majesty, Her Heirs and Successors, the Sum of Fifty Pounds, to be recovered by Information in any One of Her Majesty's Superior Courts of Record in Ireland, in addition to any other Liabilities which may attach on him or them, or his or their Sureties, Lands, and Tenements, by reason of such Neglect or Default, or by reason of the Receipt of any Monies under this Act; all which Monies, when received by any such Treasurer, Churchwarden, Collector, or other Person, shall be deemed to be received by him or them to the Use of Her Majesty, Her Heirs and Successors, and to be recoverable and accounted for accordingly as in other Cases of Debtors and Accountants to the Crown.

XXIV. And be it enacted, That all and every such Officers as aforesaid, and all Persons respectively employed in the Collection, Receipt, or Custody of Grand Jury or Parish Cess, shall be answerable for, and that all Securities entered into by such Persons in respect of such Employment shall respectively extend to, all Monies to be levied by Grand Jury Presentment, Parochial Assessment, or otherwise under this Act.

XXV. And be it enacted, That in every Case in which the Grand Jury of any County at any Assizes is or may, by this Act or any other Act or Acts passed or to be passed, be required to of Civil Services present any Money, and in default of its being by such Act or

the Paymaster

in Ireland,

unless other

wise provided.

Acts provided that some other Officer or Person shall certify to the Secretary of the Grand Jury for such County the Amount so to be presented, it shall be lawful for the Paymaster of Civil Services in Ireland, or for the Secretary of the said Commissioners of Public Works in the Case of any Presentment required to be made for the Purpose of reimbursing or repaying any Monies advanced or expended by the said Commissioners, to certify to such Secretary of the Grand Jury the Amount to be so presented, specifying in such Certificate the Act or Acts under the Authority of which such Presentment is required to be made, and whether such Money is chargeable against the Whole or any and what Division and Part of such County, and thereupon the like Presentment or Order shall be made, the like Proceedings taken, the like Powers exercised, and Acts and Matters and Things whatsoever done and executed,

for

for rendering effectual the Levy and Payment or Repayment of every Sum so certified as last aforesaid, as are herein-before directed, authorized, and required for rendering effectual the Levy and Repayment of any Sum certified to be due by such Chief or Under Secretary to any such Secretary of the Grand Jury as aforesaid pursuant to the Provisions herein-before in that Behalf contained.

XXVI. And be it enacted, That wherever the Word "County" Construction occurs in this Act, the same shall be construed to extend to and of the Word County." comprehend a County of a City or a County of a Town, as well

as a County at large.

XXVII. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present Session of amended, &c. Parliament.

CA P. LI.

An Act to regulate the Payment and Assignment in certain
Cases of Pensions granted for Service in Her Majesty's
Army, Navy, Royal Marines, and Ordnance.

WE

[17th August 1839.]

HEREAS an Act was passed in the Fifty-ninth Year of
the Reign of His late Majesty King George the Third,

'intituled An Act to amend the Laws for the Relief of the Poor: 59 G. 3. c. 12.

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And whereas another Act was passed in the Sixth Year of the

Reign of His late Majesty King George the Fourth, intituled An 6 G. 4. c. 27.

"Act for extending to Scotland certain Provisions of an Act for the Relief of the Poor, in so far as the same relate to Parochial Relief

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to Chelsea and other Pensioners: And whereas it is expedient to 'alter and amend the said Act of the Fifty-ninth Year of the Reign ' of His late Majesty King George the Third, and to repeal the 'said Act of the Sixth Year of the Reign of King George the Fourth, and to make other Provisions with relation to Army, Naval, and other Pensions; be it 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 First Day of January One thousand eight hundred and forty, so much of the said Act of the Fifty-ninth Year of the Reign of His late Majesty King George the Third as directs or authorizes the Assignment of any Pension, Superannuation, or other Allowance granted in respect of Service in the Navy, Royal Marines, Army, or Ordnance for the Indemnity or Reimbursement of Parishes, and as directs or authorizes Justices to order Payment to Parish Officers of any such Pensions, upon any Pensioner or other Person entitled thereto leaving his Wife or Family chargeable to any Parish, and also the whole of the said Act of the Sixth Year of His late Majesty King George the Fourth, shall be and the same are hereby repealed.

Part of

59 G. 3. c. 12. and whole of

6 G. 4. c. 27. repealed.

Guardians may require the Payment of made to them

II. And be it enacted, That when Relief shall be given to any Person entitled to or in receipt of any Army or Naval Pension, or any Superannuation or other Allowance in respect of his Service in the Army, Navy, Marines, or Ordnance, or any other Branch of the Military Service, or in any Civil Branch of the Army, Navy, for Relief given

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Pensions to be

Marines, by Admission

of Pensioners

house.

Marines, or Ordnance, or to his Wife, or to any Person whom he into the Work- may be liable to maintain, by Admission of such Pensioner, his Wife, or Person, into the Workhouse of any Union or Parish, it shall be lawful for the Guardians of such Union, by Minute, in the Form in the Schedule to this Act annexed marked (A.) with respect to any Pension payable at Chelsea Hospital, or payable out of any Funds intrusted to the Commissioners of Chelsea Hospital for the Payment of Pensions, and in the Form in the Schedule to this Act marked (B.) with respect to any Greenwich Out-pensions, and in the Form in the Schedule to this Act marked (C.) with respect to any other of the before-mentioned Pensions, Superannuation, or Allowance, to require that the next Payment which shall become due of such Pension or Allowance shall be made to such Guardians, who shall transmit a Copy of such Minute, attested by their Clerk, at least One Month before such Payment shall become due, and addressed, as to Pensions or Allowances payable at Chelsea Hospital or by the Commissioners of the said Hospital, to the Secretary of Chelsea Hospital, with the Words " Chelsea Pension" written thereon, and as to Greenwich Out-pensions to the Paymaster General, Out-pension Office, Tower Hill, with the Words "Greenwich Out-pension" written thereon, and as to all other the before-mentioned Pensions to the Paymaster General, Whitehall, London; and the Commissioners of Chelsea Hospital and Her Majesty's Paymaster General respectively shall thereupon, and upon the like Proof being given as is herein-after directed with respect to Assignments, cause Payment to be made to such Guardians; and the said Guardians shall thereupon enter upon their Minutes the Nature and Amount of Relief actually given to such Pensioner, or his Wife or other Person, and upon Application made by the said Pensioner to the Clerk of the said Guardians shall inform the said Pensioner of the Amount thereof; and the said Guardians so receiving any Pension or Allowance shall retain and apply so much thereof as will repay the Cost of Relief actually given as aforesaid for the Use and Indemnity of the Union or Parish, and shall pay the Surplus (if any) to the Pensioner or Person entitled thereto; and upon the Receipt of any such Minute as aforesaid the Payment of the Pension or other Allowance mentioned therein shall be suspended until sufficient Proof shall have been given to entitle the Guardians named in such Minute to receive the Money thereby required to be paid to them; provided that where such Relief shall not be given to the Pensioner himself the said Guardians, before transmitting any such Minute as aforesaid, shall obtain satisfactory Proof that the Person to whom such Relief shall be given is the lawful Wife of the said Pensioner, or a Person whom such Pensioner is by Law liable to maintain, which Proof shall also be entered upon the Minutes of the said Board of Guardians.

Authorizing
Assignment of

Pension in
certain Cases.

III. And be it enacted, That when any Pensioner, or Person entitled to or in receipt of any Pension or other Allowance as aforesaid, shall apply for temporary Relief to the Guardians of any Union or Parish in England or Ireland, or to the Churchwardens or Overseers of any Parish in which the Administration of the Relief of the Poor has not been directed to be governed by a Board of Guardians, or not situate within any Union, so long only as such

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