« ElőzőTovább »
Clerks to Justices at Special
Sessions to prepare Statements from Accounts of
Surveyors of Highways, and transmit them to Secretary of State.
Town Clerks of Cities and
Boroughs, and Clerks to Trustees and Com
missioners, to prepare Statements of Accounts respecting Highways, and transmit them
respective Divisions the Surveyor of each of the Parishes within such respective Divisions should verify his Accounts: And whereas it is expedient that annual Statements of the Receipts and Expenditure on Highways in England should be transmitted to One of the Secretaries of State, to the Intent that Abstracts thereof may be laid before both Houses of Parliament:' Be it enacted, therefore, 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 at the Special Sessions in each Division at which the Accounts of any Surveyors, District Surveyors, and Assistant Surveyors shall be produced and verified as by the said recited Act required the Clerk to the Justices shall prepare from such Accounts a separate Statement in Writing, according to the Form in the Schedule to this Act, of the Receipts and Expenditure on account of the Highways of each Parish in such Division, and shall, within Fourteen Days after such Special Sessions, transmit all such Statements to One of Her Majesty's Principal Secretaries of State; and for the Preparation and Transmission of each such Statement such Clerk shall be entitled to charge to the respective Parish the Fee of Two Shillings; and if any such Clerk to such Justices shall neglect to transmit any such Statement within the Time herein-before prescribed for that Purpose, he shall for every such Offence, on Conviction, forfeit any Sum not exceeding Five Pounds nor less than Forty Shillings, and such Penalty shall be recovered and applied as Penalties are by the said Act made recoverable and applicable.
II. And be it enacted, That the Town Clerk of every City, Borough, Port, Cinque Port, or Town Corporate subject to the Provisions of the Act passed in the Seventh Year of King William the Fourth, "to provide for the Regulation of Municipal Corporations in England and Wales," and the Clerk to the Trustees or Commissioners appointed under any Act of Parliament where the Council of such City, Borough, Port, Cinque Port, or Town Corporate, or such Trustees or Commissioners, are authorized to pave, cleanse, or repair any Highway, shall, within Thirty Days next after every annual or other periodical Account of the to Secretary of Receipts and Expenditure of such Council, Trustees or Commissioners, in respect of the Highways under their Management, has been made out, or where Provision is made for the Settlement or Audit of such Account then within Thirty Days after such Settlement or Audit, prepare from such Account a Statement in Writing, showing (as far as Circumstances will permit) the like Particulars of such Receipts and Expenditure as are indicated under the Heads of Receipts and Expenditure respectively in the Form contained in the Schedule to this Act, and shall, within the Time aforesaid, transmit such Statement to One of Her Majesty's Principal Secretaries of State; and if such Town Clerk or Clerk to the Trustees or Commissioners shall neglect to transmit any such Statement within such Time as aforesaid, he shall for every such Offence, on Conviction, forfeit any Sum not exceeding Ten Pounds nor less than Five Pounds, and such Penalty shall be recovered and applied as Penalties are by the said Act made recoverable and applicable.
III. And be it enacted, That such Secretary of State shall every Abstracts of Year cause the Statements transmitted to him under this Act to Statements to be abstracted, and the Abstracts thereof to be laid before both Houses of Parliament.
be laid before Parliament.
IV. And be it enacted, That the said first-recited Act and this Recited Act and Act shall be construed together as One Act. this Act One.
V. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.
GENERAL STATEMENT of the RECEIPTS and EXPENDITURE on ac-
£ s. d.
Act may be amended, &c.
6 & 7 W. 4. c. 116.
Power to Lord
Security given by Collectors
of Grand Jury
Cess for the then current Year.
A Special Sessions to be held
CA P. XXXVI.
An Act to make Provision, during the present Year, and to the End of the Year One thousand eight hundred and fifty-one, relating to the Collection of County Cess in Ireland, and to the Remuneration of the Collectors thereof. [13th July 1849.]
HEREAS by an Act of the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, 'intituled An Act to consolidate and amend the Laws relating to 'the Presentment of Public Money by Grand Juries in Ireland, it ' is amongst other things provided, that no Person shall act as High Constable or Collector of County Cess, as therein mentioned, unless he shall have given Security, by Two sufficient Sureties joining with him in executing a Bond and Warrant of Attorney, without Stamp, to confess Judgment, to the Treasurer of the County, conditioned for his duly collecting and paying to such Treasurer, on or before the First Day of the next Assizes, all such public Money as he is or shall be required to collect: And whereas, on account of the Distress now prevailing in cer'tain Counties or Baronies more heavily than in others, it is ex'pedient in certain Cases to alter and modify the Condition of any such Bond and Warrant of Attorney to be given as such Security as aforesaid :' 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, and by the Authority of the same, That it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, by any Order to be published in the Dublin Gazette, from Time to Time to order and declare that in and for any County or Barony in such Order specified the Provision hereinafter contained relating to the Security to be given by any High Constable or Collector of Grand Jury Cess for the due Collection of the same shall be in force during the then current Year; and a Copy of such Order shall be transmitted to the Secretary of the Grand Jury of such respective County; and from the making of such Order thenceforth as to any such County or Barony it shall be and be deemed valid and sufficient, for the Purposes of the said recited Act, that any such Bond and Warrant of Attorney to confess Judgment to the Treasurer in the said Act directed to be given, and so given and entered into during the then current Year in which such Order shall have been made, shall be conditioned for any such High Constable or Collector duly collecting and paying to the County Treasurer all such public Money so required by him to be collected as he shall receive, or as he without Neglect or wilful Default might have received; and any such last-mentioned Bond and Warrant, without any Stamp shall be as valid and effectual for the Purposes of the said Act, or any Act amending the same, and shall be deemed to be within the Meaning and subject to the Provisions of the said recited Act, or any Act amending the same, as fully and effectually as any such Bond and Warrant as is by the said recited Act prescribed.
II. And be it enacted, That in every County in which or in any Barony of which the Provision of this Act last aforesaid shall
to certify the
be in force in manner aforesaid, it shall be lawful for the Secretary to examine of the Grand Jury of such County and he is hereby required, Collector's by Notice under his Hand to be posted at the usual Places for Accounts, and posting public Notices in each Barony next herein-after mentioned, Amount he to convene a Special Sessions for the Examination of the Collec- might without tor's Accounts, to be holden in each Barony in which such last- Neglect or mentioned Provision shall be so in force at the usual Place for wilful Default holding Presentment Sessions, on a certain Day not more than Ten have received. Days previously to the First Day of the assembling of the Grand Jury at each Assizes, at which said Special Sessions respectively the several Justices of the County shall be entitled to attend and take a Part in the Proceedings, and also such Cess-payers as were associated with the Justices at the Presentment Sessions held for such respective Barony after the then last Assizes; and at such Special Sessions in each such Barony the High Constable or Collector of the same is hereby required to attend and produce his Accounts, Books, and Vouchers relating to the Collection of Grand Jury Cess in such Barony before such Justices and Cess-payers, who shall examine the same; and after due Examination of the same, and after Examination of such High Constable or Collector or other Person or Persons upon Oath relating to the same, which Oath any such Justice shall be empowered to administer, such Justices and Cess-payers shall determine and ascertain the Amount of the Sums which such High Constable or Collector shall have received or without Neglect or wilful Default might have received and collected of the Amount of the Grand Jury Cess required to be collected by him since the then last Assizes, and shall cause the Chairman of such Special Sessions to certify under his Hand the Amount thereof which without Neglect or wilful Default might have been so collected, and also the Amount actually collected, together with a List of the Persons and Lands from whom or which such Cess has not been collected, and also a List of the Persons and Lands, if any, from whom or which the same might have been so collected and has not been collected; and such Certi- Certificate and ficate and Lists shall by the Secretary of the Grand Jury be laid Lists to be laid before the Grand Jury at the then next Assizes, who shall take the same into their Consideration; and if they shall pass a Resolution approving of such Certificate, or approving thereof subject to any Modification, and if such High Constable or Collector over, Collector shall duly pay or shall have paid over to the respective Treasurer to be entitled of the County the whole Amount which it shall appear by such to Poundage. Certificate, so approved or modified, might without Neglect or wilful Default have been collected, such High Constable or Collector in such Case shall receive and be paid his Poundage as in the said first-recited Act, or any Act amending the same, and this Act, provided, upon the Amount so collected and paid over to the Treasurer.
before Grand Jury, and if approved and Money paid
III. Provided always, and be it enacted, That as regards any appointing a such County or Barony specified in such Order as aforesaid, where Collector in a Collector has not yet been appointed for any Barony to collect any County or the County Cess payable before the Summer Assizes of this Year, Barony spein such Case, at any Time previous to the Summer Assizes of this cified in the Year, the Appointment of any such High Constable or Collector may be made for such Barony by the Treasurer of such respective
Order before the Summer
Assizes of this
pay monthly to County Bank,
Powers of Act
End of 1851.
County, and such Security as aforesaid may be given before such Treasurer, and such Appointment and Security so made and given shall be as valid and effectual to all Intents and Purposes, and subject to like Provisions and Powers, as if such High Constable or Collector had been duly appointed by the Grand Jury or any Quarter Sessions or Special Sessions, and such Security had been duly given in the Manner in the said recited Act or any Act amending the same directed: Provided always, that in such lastmentioned Case the Examination of the Accounts, Books, and Vouchers of the High Constable or Collector, instead of being held and had before a Special Session as herein-before provided, shall be held and had before any Three Members of the Grand Jury of such County at the said Summer Assizes, in like Manner and with like Powers, who may grant a like Certificate, which shall be laid before the said Grand Jury and shall be dealt with in like Manner and deemed and taken as if the same had been made and given at a Special Session as herein-before mentioned.
IV. And be it enacted, That any such High Constable or Collector shall, on or before the First Day of every Month, or so often as he shall have received One hundred Pounds, pay into the County Bank, to the Credit of the Treasurer of the County, the Sums he may have received up to such Period, and shall furnish to the Treasurer of the County an Account of the Sums so received and paid in.
V. And be it enacted, That the Proceedings, Powers, and exercised to the Authorities and Provisions by this Act authorized and provided may (save when hereby otherwise declared) be had, taken, and exercised during the present Year, and to the End of the Year One thousand eight hundred and fifty-one.
Interpretation of Terms.
Act may be amended, &c.
VI. And be it enacted, That in the Construction of this Act, unless the Subject or Context require another Construction, the WordCounty" shall extend to a County of a City or County of a Town, and the Word "Barony" shall extend to any District for which any such Collector may be or may have been appointed under the Powers by Law given in that Behalf.
VII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.
CA P. XXXVII.
An Act to continue to the First Day of October One thou-
An Act to continue for Five Years an Act of the Second and Third Years of Her present Majesty, for the better Prevention and Punishment of Assaults in Ireland.
[13th July 1849.] [2 & 3 Vict. c. 77. continued for Five Years from the 1st Sep· tember 1849.]