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appointed, or any Five or more of them, at any Monthly or other Meeting, from Time to Time and all Times to appoint such Person or Persons as they shall think fit to be Schoolmaster and Schoolmistress, and Menial Servants to the said Corporation, and from Time to Time to suspend or remove them relpeetively, and appoint others in case of D-ath or such Suspension or Removal ; and may out of the Monies to be received under and by virtue of and for the Purposes of this Act, make such Allowances to all Officers, Servants, and other Persong so to be appointed as to them shall appear reasonable and proper; and all and every such Officers, Matter and Mistress, Servants, and other Persons of every Description, shall from Time to Time (when thereunto required by the faid Committee or any Five or more of them) Officers and make and render to the said Committee or any Five or more of them, Servants shall
account, a true, exact, and perfect Account in Writing under their respective Hands, of all Furniture, Goods, and Chattels belonging to the said Corporation, which shall from Time to Time be in their Use or Cuftody, and of all Monies which he, she, or they and every of them respece tively shall to that Time have received, paid, and disbursed by virtue of this Act, or by reason of their respetive Offices and Services; and in case any Money so received shall remain in their or any of their Hands, the same shall be paid to the said Committee or any Five or more of them, or to such Person or Persons as they shall appoint to receive the same ; and in case any such Officer or other Perlon shall Power to not make and render, or shall refuse to verify any such Accounts, or
Justices to to make any such Payment as aforesaid, and to deliver up all Goods, inquire and
commit, &in Books, Papers, and other Things in his or her Care or Custody, then any Two or more Justices of the Peace for such County as any One of the Schools of the said Corporation shall for the Time being be situated in, fhall and may, upon Complaint to them, make Enquiry of and concerniog such Defaule in a summary Way (as well by Confession of the Parties themselves as by the Testimony of one or more credible Witness or Witnesses upon Oath or Affirmation, which Oath or Affirmation the said Justices are hereby empowered and required to adminifter), and such justices shall be empowered, if they shall judge fit, to commit the Party or Parties fo offending as aforesaid to tbe Common Gaol of such County as the said School shall for the Time being be fituated in, there to remain, without Bail or Mainprize, until, he, The or they shall have made a true and perfect Account and Payment as aforesaid, or until he, she or they shall have compounded and agreed with the said Committee or any Five or more of them, and have paid such Composition Money, which Composition the said Coma mittee or any Five or more of them are hereby empowered to make : Provided always, that no Person or Persons, who shall be committed as aforesaid, shall be detained in Prison for a longer Space of Time than Six Calendar Months.
IX. Provided always, and be it further enacted, That at the Appointment of General Annual Court to be holden in every Year, by virtue of this Auditora.
A&t, the Governors of the said Corporation then present shall elect and appoint Twenty-two of the Governors of the said Corporation, not being Members of the Committee for the Time being, to be Auditors of the Accounts of the said Corporation, and that such Auditors or any Five or more of them shall at least One Week previous to the General Annual Court to be holden by virtue of this A&, or oftener 49 Geo. III.
Treasurer Mall pay all Monies to the succeeding Treasurer, &c.
if they shall fee Occasion, meet and audit, examine and pass the Accounts and Vouchers of the Treasurer for the Time being; at which Meeting of Auditors to the said Corporation, the President, the Vice-President, the Treasurer, and the Secretary, for the Time being, any or either of them, shall have Liberty to be present.
X. Provided always, and be it further enacted, That the Treasurer to the said Corporation for the Time being shall pay over all the Monie's remaining in his Hands, and transfer all or any Funds which may at any Time be standing in his Name as Treasurer as aforesaid, to the Treasurer immediately succeeding him, on Demand by such succeeding Treasurer, with the Authority of the said Committee or any Five or more of them, or of the General Court at which such succeeding Treasurer shall be elected or appointed, and shall deliver over to such succeeding Treasurer all Books of Account, Muniments, Deeds, Vouchers, Securities, and Papers belonging to the said Corporation.
XI. And be it further enacted, That if any Statement or Matcer contained in any Certificate or Declaration, which the Committee of the said Corporation for the Time being, or any Five or more of them present at any of their Monthly or other Meetings, shall or may be required to be made and subscribed, previous to and for the Purpose of the Admission of any Orphan into any School of the said Corporation, according to the Rules of the said Corporation, shall be found to be false or untrue, that then the Admission of every Orphan under such false Certificate or Declaration shall be and is hereby declared to be void, and the Orphan so admitted shall be returned to his or her Mother or Friends, unless the Governors of the said Corporation at any General Court shall think fit to continue the said Orphan or Oro phans in the said Charity.
XII. And be it further enacted, That if any A&tion shall be brought or Suit commenced againit any Person or Persons for any Thing done in pursuance of this Act, or in relation to the Premises or any of them, every such Adion or Suit shall be laid or brought within Twelve Calendar Months next after the fax shall be committed, and shall be laid or brought in the County of Middlesex or the City of London and not elsewhere ; and the Defendant or Defendants in such a aion or Sait may plead the General Issue, and give this Ad and the Special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Ad; and if the same shall appear to have been so done, or if any such Adion or Suit shall not be brought within the Time before limited, or shall be brought in any other County or Place than as aforesaid, then the Jury Thall find for the Defendant or Defendants ; and if the Plaintiff or Plaintiffs shall become nonsuited, or suffer a Discontinuance of his, her, or their A&ion or Actions, Suit or Suits, or if a Verdia shall pass against the Plaintiff or Plaintiffs, or if upon Demurrer Judgment shall be given againit the Plaintiff or Plaintiffs, tbe Defendant or Defendants Thall have Treble Coits, and shall have such Remedy for recovering the same as any Defendant or Defendants hath or have for Costs in other Cases by Law.
XIII. And be it further enacted, That this Act shall be deemed and taken to be a Publick Ad, and shall be judicially taken Notice of as fuch by all Judges, Juftices and others, without being specially pleaded.
30 G. 2. c. 54."
Cap. xix. An AA for enlarging the Term and Powers of several AAs of His 14 G. 2. c. 19. late and present Majesty, for repairing the Road from Wakefield to
33 G. 3, c. 129. Halifax, in the West Riding of the County of York. (a)
[28th April 1809.]
in the Thirty.third Year of His present Majesty, intituled, An 18
[28th April 1809.] THEREAS by an Ad made in the Thirty-third Year of the Powers of
33 G. 3. e. 56. Reign of His present Majesty, intituled, An Ad refpexing (Irith Act) • the Collection of Publick Money to be levied in the County of the City, applied to this • of Dublin by Presentment : And Whereas certain Powers and Autho- A&t. • rities were given to the Grand Juries for the County of the City of • Dublin for making Presentments of Money for publick Services, and • for regulating their several Offices: And Whereas the Provisions of
the said recited Act have b:en found insufficient for the Purposes ' thereby intended, and it is necessary that the same should be altered, o enlarged and amended, and further and better Provision made for • those Purposes: May it therefore please Your Majesty, that it may • be enacted,' and be it enacted by the King's moft 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 the said recited Act, and all and every the Clauses, Powers, Authorities, Provisions, Penalties, Forfeitures, Matters, and Things therein contained, (Save and except such Parts thereof as are altered, varied, or repealed,) shall be, and the fame is and are hereby declared to be as good, valid, and effectual for carrying this Act into Execution, as if the same had been repeated and re-enacted in the Body of this present Act. " Afts of the Treasurer of the County of the City of Dublin, elected “ under Irish A& 13 & 14 G. 3. c. 18. declared valid, and his Election ti confirmed. \ 2.
III. And be it further enacted, That whenever the Treasurership Election of a of the said County of the City of Dublin shall be vacant either by 'Treasurer in the Death, Refignation, or Removal, or Dismission of the present future. or any future Treasurer, the Lord Mayor of the said City for the
Time being shall, within Twenty-one Days after such Vacancy, convene the Board of Magistrates of the County of the said City of Dublin, to meet at the Sessions Court in the said City between the Hours of Twelve in the Forenoon and Two in the Afternoon, and then and there, by the Majority of Votes of such Magistrates as shall be present, (notwithstanding any Want of Qualification mentioned in the faid recited Act made in the Thirteenth and Fourteenth Years of the Reign of His present Majesty,) shall proceed to elect a fit and sufficient Person to be Treasurer of the said City of Dublin ; and at such Meeting the said Lord Mayor, or in his Absence the senior Magistrate present, shall prefide as Chairman, and shall take the Votes of the other Magistrates, and shall not bimself give bis Vote except in
Treafurer shall enter into Recognizance wiela Sureties.
Liection of Treasurer shall be void, unless Sureties make the Affidavit required.
case of Equality of Voices: Provided always, that no Magistrate shall be allowed to vote in any such Ele&tion who shall be a Candidate for such Treasurership: And provided always, that no Person who shall at any Time hereafter be elected Treasurer of the County of the said City of Dublin shall be capable of serving in the said Office, unlefs he shall, immediately after his Election, in opeo Court, enter into a Recogni zance, before the Chairman of the Meeting at which he shall have been so elected Treasurer, and any other Magistrate present at such Election, (which Recognizance such Chairman and Magistrate shal, and they are hereby empowered and required to take,) in the Sum of Five thousand Pounds, and shall procure Two or more sufficient Securities at the same Time, to enter into a Recognizance each in a Sum equal to One Half of the Sum in which such Treasurer shall bind him. felf; the Condition of which Recognizance shall be," that such Treasurer shall juftly and truly account in Manner and Form, and at the Times by this Act or the said recited A& of the Thirty-third Year of the Reign of His present Majesty required, or to be required by any Law in force and effect, and that he shall ai all Tires juftly and truly pay and account for all Money which he shall have received as Treasurer, and that he shall duly and faithfully discharge the Duties of his said Office in every Respect; and that he, his Heirs, Executors, and Administrators, fhall and will, upon his Death, Removal, Dil. missal, or Refignation, deliver to his Succeffor such Balance of Money as shall appear to be in his Hands, or shall be due by him, and all Books, Papers, Affidavits, and Accounts deposited with him, or kept by him as Treasurer of the County of the faid City of Dublin."
IV. And be it further enacted by the Authority aforesaid, That in case each of such Securities at the foot of such Recognizance shall not prove to the Satisfaction of such Chairman and Magiftrate, and make Affidavit thereof before such Chairman and Magiftrare, (who are hereby empowered to take the fame,) that he is really and bona fide worth the Sum mentioned in his said Recognizance, over and above all his jult Debts, and exclusive of any Property of which he is Tenanı for Life only, then, and in every such Case, such Ele&ion Shall be pull and void, and the Magiftrates
for the County of the said City of Dublin shall on the next Day, and at the same Piace, and between the same Hours, proceed in like Manner to elect a proper and fufficient Person to be Treasurer, and in case at any Meeting for the Election of a Treasurer, no sufficient Person should offer himself to be chosen, or in case the Person so chosen lould not comply and perform all and fingular the Requisites herein directed, to be performed on the Part of such Person, then the faid Magistrates shall attend on the Monday next ensuing the Time hereby directed for holding such Election, and in case no Treasurer shall be chosen at such Assembly, then on the Monday following, and so on upon every fucceflive Monday until a Treasurer shall be ele&ted, who shall be capable of serving in the said Office, and perform the Requisites aforesaid ; and every Recognizance taken as aforesaid shall be delivered by the Chairman to the Clerk of the Peace, who is required to attend every such Assembly, and such Recogoizance fhall be by him deposited and duly entered in His Majesty's Court of Exchequer, as soon after as he conveniently can enter the same : And in order the more effe&ually to oblige every Treasurer, during his Continuance in Office, to keep up a good and sufficient Security, be it further enacted by the Authority aforesaid,
That the Judges of the Court of King's Bench shall and may, if re. The Judges of quired by the Grand Jury, or if the said Court shall otherwise find the Court of fufficient Cause, examine the Treasurer, or any other Person or Per
shall examine fons in open Court upon Oath, touching the Existence and Property Treasurer of his Sureties, or touching any Act relative to his faid Office of Trea. concerning his surer, and if the said Court Mail find any Reason to apprehend that Accounts, &e. either or both of his Sureties are dead or insufficient, then, and in every such Całe, the said Court shali and is hereby required to cause such Treasurer to procure another Surety or Sureties in his or their Room, and if such Treasurer shall refuse to be examined, or to answer upon Oath, or to procure another Surety or Sureties, who shall enter into Recognizance, and make the Affidavit by this Act required, or on any other sufficient Cause appearing to the faid Court, then, and in any of the Cafes aforesaid, the said Court shall, and is hereby required to dismiss the said Treasurer from his Office, and to cause such Dismiffion to be entered in the Crown Book, and likewise in the Book of Eatry of the Treasurer's Accounts, to be kept by the Clerk of the Crown; and another Treasurer shall thereupon be elected by the Magiftrates of the said County of the City of Dublin in Manner aforesaid, and such Treasurer fhall be subjed to the like Rules, Regulations, Pinalties, and Forfeitures, as the Treasurer in whose Room or Stead he fall be so elected, and fo toties quoties whenever such Office of Treasurer for the County of the said City of Dublin shall become
“ Persons shall be reimbursed Monies expended by them in executing
any Presentment before the Bankruptcy of the late Treasurer. $5. “ Every Presentment before the late Treasurer stopt Payment, and “ not in Execution, shall be struck out of the Quere Book. so.
VII. · And Whereas it is necessary to commence Suits for the • Recovery of the Publick Money in the Name or Names of the Trea• Surer or Collectors of the said City, or in the Names of other • Persons;' Be it therefore enacted by the Authority aforesaid, That Grand Juries in case any such Suit or Suits, Action or Adions shall bave been empowered to commenced, or shall hereafter be coinmenced, profecuted, or defended perline Cole of by the Order and Directions of any Grand Jury for the County of cuted by their the
said City of Dublin, under the Powers in this or any Law or Statute Orders. in Force or Effect, it fhall and may be lawful for the several Grand Juries of the said County of the said City, at Easter or Michaelmas Term, to present such Cofts as shall be awarded against them, or any, or either of them, in whole Name or Names any such Suit or Suits, Adion or Actions shall be commenced, prosecuted, or defended, and their and each of their respective Goods, Chattels, Lands, Tenements, and Hereditaments shall not be liable thereto, but they and each of them shall for ever be freed, exonerated and discharged from the same, and that it shall not be lawful for them, or any of them, his or their Executors, Administrators, or Asigns, to discontinue, release, or bar any A&tion or Suit so commenced,' or hereafter to be commenced in their or bis Name or Names for the Purposes aforesaid, without the, Concurrence, Order, and Direction of the said Grand Juries.
VIII. • And Whereas the Sums now by Law presented for the « Treasurer of the publick Money, and Secretary to the Grand Juries, . are very inadequate to the Duties of the faid Officers ;' Be it there