account. appointed, or any Five or more of them, at any Monthly or other Meeting, from Time to Time and all Times to appoint fuch Perfon or Perfons as they shall think fit to be Schoolmafter and Schoolmistress, and Menial Servants to the faid Corporation, and from Time to Time to fufpend or remove them refpectively, and appoint others in cafe of Death or fuch Sufpenfion or Removal; and may out of the Monies to be received under and by virtue of and for the Purposes of this A&t, make fuch Allowances to all Officers, Servants, and other Perfons fo to be appointed as to them fhall appear reasonable and proper; and all and every fuch Officers, Mafter and Mistress, Servants, and other Perfons of every Defcription, fhall 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 faid Committee or any Five or more of them, Servants tha a true, exact, and perfect Account in Writing under their respective Hands, of all Furniture, Goods, and Chattels belonging to the faid Corporation, which fhail from Time to Time be in their Ufe or Cuftody, and of all Monies which he, fhe, or they and every of them refpectively fhall to that Time have received, paid, and difbursed by virtue of this Act, or by reason of their respective Offices and Services; and in cafe any Money fo received fhall remain in their or any of their Hands, the fame fhall be paid to the faid Committee or any Five or more of them, or to fuch Perfon or Perfons as they shall appoint to receive the fame; and in cafe any fuch Officer or other Perion fhall not make and render, or fhall refufe to verify any fuch Accounts, or to make any fuch Payment as aforefaid, and to deliver up all Goods, Books, Papers, and other Things in his or her Care or Cuftody, then any Two or more Juftices of the Peace for fuch County as any One of the Schools of the faid Corporation fhall for the Time being be fituated in, fhall and may, upon Complaint to them, make Enquiry of and concerning fuch Default in a fummary Way (as well by Confeffion of the Parties themselves as by the Teftimony of One or more credible Witnefs or Witneffes upon Oath or Affirmation, which Oath or Affirmation the faid Juftices are hereby empowered and required to adminitter), and fuch Juftices fhall be empowered, if they fhall judge fit, to commit the Party or Parties fo offending as aforefaid to the Common Gaol of fuch County as the faid School fhall for the Time being be fituated in, there to remain, without Bail or Mainprize, until, he, The or they fhall have made a true and perfect Account and Payment as aforefaid, or until he, fhe or they fhall have compounded and agreed with the faid Committee or any Five or more of them, and have paid fuch Compofition Money, which Compofition the faid Committee or any Five or more of them are hereby empowered to make: Provided always, that no Perfon or Perfons, who fhall be committed as aforefaid, fhall be detained in Prison for a longer Space of Time than Six Calendar Months. Power to inquire and commit, & 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 Auditors. A&t, the Governors of the faid Corporation then present shall elect and appoint Twenty-two of the Governors of the faid Corporation, not being Members of the Committee for the Time being, to be Auditors of the Accounts of the faid Corporation, and that fuch Auditors or any Five or more of them fhall at leaft One Week previous to the General Annual Court to be holden by virtue of this Act, or oftener 49 Geo. III. Pp if Treafurer fhall pay all Monies to the fucceeding Treasurer, &c. Falle Certificates. Limitation of 12 Months. Treble Cufts, Publick Act. if they fhall fee Occafion, meet and audit, examine and pass the Accounts and Vouchers of the Treasurer for the Time being; at which Meeting of Auditors to the faid Corporation, the Prefident, the Vice-Prefident, the Treasurer, and the Secretary, for the Time being, any or either of them, fhall have Liberty to be prefent. X. Provided always, and be it further enacted, That the Treasurer to the faid Corporation for the Time being fhall pay over all the Monies remaining in his Hands, and transfer all or any Funds which may at any Time be ftanding in his Name as Treafurer as aforefaid, to the Treafurer immediately fucceeding him, on Demand by fuch fucceeding Treafurer, with the Authority of the faid Committee or any Five or more of them, or of the General Court at which fuch fucceeding Treafurer fhall be elected or appointed, and fhall deliver over to fuch fucceeding 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 Matter' contained in any Certificate or Declaration, which the Committee of the faid Corporation for the Time being, or any Five or more of the in prefent at any of their Monthly or other Meetings, fhall or may be required to be made and subscribed, previous to and for the Purpose of the Admiffion of any Orphan into any School of the faid Corporation, according to the Rules of the faid Corporation, shall be found to be falfe or untrue, that then the Admiffion of every Orphan under fuch falfe Certificate or Declaration fhall be and is hereby declared to be void, and the Orphan fo admitted fhall be returned to his or her Mother or Friends, unless the Governors of the faid Corporation at any General Court shall think fit to continue the faid Orphan or Or phans in the faid Charity. XII. And be it further enacted, That if any Action fhall be brought or Suit commenced against any Perfon or Perfons for any Thing done in purfuance of this Act, or in relation to the Premises or any of them, every fuch Action or Suit fhall be laid or brought within Twelve Calendar Months next after the Fact fhall be committed, and fhall be laid or brought in the County of Middlefex or the City of London and not elsewhere; and the Defendant or Defendants in fuch Action or Sait may plead the General Iffue, and give this A& and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this Act; and if the fame fhall appear to have been so done, or if any fuch Action or Suit fhall not be brought within the Time before limited, or fhall be brought in any other County or Place than as aforefaid, then the Jury fhall find for the Defendant or Defendants; and if the Plaintiff or Plaintiffs fhall become nonfuited, or fuffer a Difcontinuance of his, her, or their Action or Actions, Suit or Suits, or if a Verdict shall pafs against the Plaintiff or Plaintiffs, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants fhall have Treble Cofts, and fhall have fuch Remedy for recovering the fame as any Defendant or Defendants hath or have for Cofts in other Cafes by Law. XIII. And be it further ena&ed, That this A&t fhall be deemed and taken to be a Publick Act, and fhall be judicially taken Notice of as fuch by all Judges, Juftices and others, without being specially pleaded. Cap. Cap. xix. 30 G. 2. c. 54. 33 G. 3. c. 129. An A&t for enlarging the Term and Powers of feveral Acts of His 14 G. 2. c. 19. late and prefent Majefty, for repairing the Road from Wakefield to Halifax, in the Weft Riding of the County of York. (a) [28th April 1809.] Cap. xx. An A&t to alter and amend an Act of the Parliament of Ireland paffed 33 G. 3. e. 56. WHEREAS by an Act made in the Thirty-third Year of the Powers of Reign of His prefent Majefty, intituled, An Ad reffecting (Irish Act) the Collection of Publick Money to be levied in the County of the City applied to this of Dublin by Prefentment: And Whereas certain Powers and Autho- Act. rities were given to the Grand Juries for the County of the City of Dublin for making Prefentment of Money for publick Services, and for regulating their feveral Offices: And Whereas the Provifions of the faid recited Act have been found infufficient for the Purposes thereby intended, and it is neceffary that the fame should be altered, enlarged and amended, and further and better Provifion made for thofe Purposes: May it therefore please Your Majefty, that it may ⚫ be enacted,' and be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the faid recited A&t, and all and every the Claufes, Powers, Authorities, Provifions, Penalties, Forfeitures, Matters, and Things therein contained, (fave and except Parts thereof as are altered, varied, or repealed,) fhall be, and the fame is and are hereby declared to be as good, valid, and effectual for carrying this A&t into Execution, as if the same had been repeated and re-enacted in the Body of this prefent Act. fuch "Acts of the Treafurer of the County of the City of Dublin, elected "under Irish A&t 13 & 14 G. 3. c. 18. declared valid, and his Election "confirmed. § 2. III. And be it further enacted, That whenever the Treasurership Election of of the faid County of the City of Dublin fhall be vacant either by Treafurer in the Death, Refignation, or Removal, or Difmiffion of the prefent future. or any future Treasurer, the Lord Mayor of the faid City for the Time being fhall, within Twenty-one Days after fuch Vacancy, convene the Board of Magiftrates of the County of the faid City of Dublin, to meet at the Seffions Court in the faid City between the Hours of Twelve in the Forenoon and Two in the Afternoon, and then and there, by the Majority of Votes of fuch Magiftrates as fhail be prefent, (notwithstanding any Want of Qualification mentioned in the faid recited Act made in the Thirteenth and Fourteenth Years of the Reign of His prefent Majefty,) fhall proceed to elect a fit and fufficient Perfon to be Treasurer of the faid City of Dublin; and at fuch Meeting the faid Lord Mayor, or in his Abfence the fenior Magiftrate prefent, fhall prefide as Chairman, and fhall take the Votes of the other Magiftrates, and shall not himself give bis Vote except in. cafe Pp 2 Treasurer fhall enter into Recognizance with Sureties. Liection of Treafurer fhall be void, unless Sureties make the Affidavit required. cafe of Equality of Voices: Provided always, that no Magiftrate fhall be allowed to vote in any fuch Election who fhall be a Candidate for fuch Treasurerfhip: And provided always, that no Perfon who fhall at any Time hereafter be elected Treasurer of the County of the faid City of Dublin fhall be capable of ferving in the faid Office, unless he fhail, immediately after his Election, in open Court, enter into a Recogni zance, before the Chairman of the Meeting at which he fhall have been fo elected Treasurer, and any other Magistrate prefent at fuch Election, (which Recognizance fuch Chairman and Magiftrate fhail, and they are hereby empowered and required to take,) in the Sum of Five thoufand Pounds, and fhall procure Two or more fufficient Securities at the fame Time, to enter into a Recognizance each in a Sum equal to One Half of the Sum in which fuch Treasurer fhall bind himfelf; the Condition of which Recognizance fhall be," that fuch Treafurer fhall justly and truly account in Manner and Form, and at the Times by this Act or the faid recited A&t of the Thirty-third Year of the Reign of His prefent Majefty required, or to be required by any Law in force and effect, and that he shall at all Times juftly and truly pay and account for all Money which he fhall have received as Treasurer, and that he shall duly and faithfully discharge the Duties of his faid Office in every Refpect; and that he, his Heirs, Executors, and Adminiftrators, fhall and will, upon his Death, Removal, Difmiffal, or Refignation, deliver to his Succeffor fuch Balance of Money as fhall appear to be in his Hands, or fhall be due by him, and all Books, Papers, Affidavits, and Accounts depofited with him, or kept. by him as Treafurer of the County of the faid City of Dublin." IV. And be it further enacted by the Authority aforefaid, That in cafe each of fuch Securities at the Foot of fuch Recognizance fhall not prove to the Satisfaction of fuch Chairman and Magiftrate, and make Affidavit thereof before fuch Chairman and Magiftrate, (who are hereby empowered to take the fame,) that he is really and bona fide worth the Sum mentioned in his faid Recognizance, over and above all his juft Debts, and exclufive of any Property of which he is Tenant for Life only, then, and in every fuch Cafe, fuch Election fhall be null and void, and the Magiftrates for the County of the faid City of Dublin fhall on the next Day, and at the fame Place, and be tween the fame Hours, proceed in like Manner to elect a proper and fufficient Perfon to be Treasurer, and in cafe at any Meeting for the Election of a Treasurer, no fufficient Perfon fhould offer himself to he chofen, or in cafe the Perfon fo chofen should not comply and perform all and fingular the Requifites herein directed, to be performed on the Part of fuch Perfon, then the faid Magiftrates fhall attend on the Monday next enfuing the Time hereby directed for holding fuch Election, and in cafe no Treasurer fhall be chofen at fuch Affembly, then on the Monday following, and fo on upon every fucceffive Monday until a Treasurer fhall be elected, who fhall be capable of ferving in the faid Office, and perform the Requifites aforefaid; and every Recognizance taken as aforefaid fhall be delivered by the Chairman to the Clerk of the Peace, who is required to attend every fuch Affembly, and fuch Recognizance fhall be by him depofited and duly entered in His Majefty's Court of Exchequer, as foon after as he conveniently can enter the fame: And in order the more effectually to oblige every Treasurer, during his Continuance in Office, to keep up a good and fufficient Security, be it further enacted by the Authority aforefaid, That re. The Judges of the Court of King's Bench fhall examine That the Judges of the Court of King's Bench fhall and may, if quired by the Grand Jury, or if the faid Court fhall otherwife find fufficient Caufe, examine the Treasurer, or any other Perfon or Perfons in open Court upon Oath, touching the Exiftcnce and Property Treasurer of his Sureties, or touching any Act relative to his faid Office of Trea- concerning his furer, and if the faid Court fhail find any Reafon to apprehend that Accounts, &c. either or both of his Sureties are dead or infufficient, then, and in every fuch Cafe, the faid Court fhall and is hereby required to caufe fuch Treasurer to procure another Surety or Sureties in his or their Room, and if fuch Treasurer fhall refufe to be examined, or to answer upon Oath, or to procure another Surety or Sureties, who fhall enter into Recognizance, and make the Affidavit by this A&t required, or on any other fufficient Caufe appearing to the faid Court, then, and in any of the Cafes aforefaid, the faid Court fhall, and is hereby required to difmifs the faid Treafurer from his Office, and to cause such Difmiffion to be entered in the Crown Book, and likewife in the Book of Eatry of the Treafurer's Accounts, to be kept by the Clerk of the Crown; and another Treasurer fhall thereupon be elected by the Magiftrates of the faid County of the City of Dublin in Manner aforefaid, and fuch Treasurer fhall be fubject to the like Rules, Regulations, Penalties, and Forfeitures, as the Treasurer in whofe Room or Stead he fhall be fo elected, and fo tuties quoties whenever fuch Office of Treasurer for the County of the faid City of Dublin fhall become va cant. "Perfons fhall be reimbursed Monies expended by them in executing " any Prefentment before the Bankruptcy of the late Treafurer. § 5. "Every Prefentment before the late Treasurer ftopt Payment, and "not in Execution, shall be struck out of the Quere Book. § 6. VII. And Whereas it is neceffary to commence Suits for the Recovery of the Publick Money in the Name or Names of the Treafurer or Collectors of the faid City, or in the Names of other Perfons; Be it therefore enacted by the Authority aforefaid, That in cafe any fuch Suit or Suits, Action or Actions fhall have been commenced, or shall hereafter be coinmenced, profecuted, or defended by the Order and Directions of any Grand Jury for the County of the faid City of Dublin, under the Powers in this or any Law or Statute in Force or Effect, it fhall and may be lawful for the feveral Grand Juries of the faid County of the faid City, at Eafter or Michaelmas Term, to prefent fuch Cofts as fhall be awarded against them, or any, or either of them, in whofe Name or Names any fuch Suit or Suits, Action or Actions fhall be commenced, profecuted, or defended, and their and each of their refpective Goods, Chattels, Lands, Tenements, and Hereditaments fhall not be liable thereto, but they and each of them shall for ever be freed, exonerated and difcharged from the fame, and that it fhall not be lawful for them, or any of them, his or their Executors, Adminiftrators, or Affigns, to difcontinue, release, or bar any Action or Suit fo commenced, or hereafter to be commenced in their or his Name or Names for the Purposes aforefaid, without the Concurrence, Order, and Direction of the faid Grand Juries. VIII. And Whereas the Sums now by Law prefented 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 "fore PP 3 Grand Juries empowered to prefent Cofts of Actions profecuted by their Orders. |