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PUBLIC GENERAL ACTS
OF THE UNITED KINGDOM
GREAT BRITAIN AND IRELAND:
13 & 14 VICTORIÆ, 1850.
BEING THE THIRD SESSION OF THE FIFTEENTH PARLIAMENT
FROM VOL. XIX. OF THE NEW SERIES
THE LAW JOURNAL REPORTS.
Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLISHED BY E. B. INCE, No. 5, QUALITY COURT, CHANCERY LANE.
PUBLIC GENERAL ACTS,
. 13 VICTORIA-1850.
AN ACT to amend an Act of the last Session, for making Provision for the Collection of County Cess in Ireland and for the Remuneration of the Collectors thereof.
(22nd February 1850.)
ABSTRACT OF THE ENACTMENTS.
1. Power to Lord Lieutenant, by order to be published in Dublin Gazette, to direct in what counties and baronies this Act shall be in force, and in such places the securities of collectors of cess given at or after the last Summer Assizes shall be deemed to be modified as if given under recited Act.
2. Three members of grand jury at the Spring Assizes of this year to examine collectors' accounts, and to certify the amount he might without neglect or wilful default have received.-Certificate and lists to be laid before grand jury, and if approved, and money paid over, collector to be entitled to poundage.
3. Interpretation of terms.
4. Act may be amended, &c.
By this ACT,
After reciting the passing of 12 & 13 Vict. c. 36: And that collectors of county cess, in entering into security at the last Summer Assizes for the due collection of such cess, in several cases were unable to avail themselves, or from want of sufficient notice or otherwise did not avail themselves, of the provisions of the said recited Act in relation to modifying the terms of such securities in the manner in the said Act provided: And that in certain counties, baronies, and districts of Ireland great difficulties have existed in collecting the full amount of county cess, and it is expedient, in such particular cases where such difficulties existed, and where the collectors of county cess appointed at or after the last Summer Assizes shall have entered into securities as by law theretofore required for the due collection of all county cess or public money which they should respectively be required to collect, to extend to such collectors the benefit of the provisions of the said recited Act for altering and modifying the condition of the securities so entered into by them, in like manner as under the provisions of the
It is Enacted,
1. 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, before the conclusion of the Spring Assizes of this year, to order and declare that in and for any county, or barony or baronies of a county, in Ireland, in such order specified, the provisions of this Act shall be in force; 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 or baronies of a county, in such order specified, any bond and warrant of attorney to confess judgment to the treasurer of such county for the due collection of county cess or public money, given and entered into by any high constable or collector of county cess within any such county or for any such barony in such order specified, at or after the last Summer Assizes for such county and before the passing of this Act, shall in all respects be deemed and construed and dealt with as if such bond and warrant of attorney had been conditioned for such high constable or collector duly collecting and paying to the county treasurer all such public money required by him to be collected as he should 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 VOL. XXVIII.-STAT.
said recited Act, and shall be deemed to be within the meaning and subject to the provisions of the said recited Act, as fully and effectually as if such bond and warrant had been conditioned in the manner and form prescribed in and been given under and pursuant to the provisions of the said recited Act.
II. That in every county in which or in any barony of which the provisions of this Act shall be in force in manner aforesaid it shall be lawful for the secretary of the grand jury of such county, and he is hereby required, by notice under his hand, to be given to the high constable or collector of each barony in which the provisions of this Act shall be in force, three days before the swearing of the grand jury for the Spring Assizes of this year, to require him to attend, with his accounts, books, and vouchers, for the examination of such collector's accounts, before three members of the grand jury at the ensuing Spring Assizes of this year for such respective county; and each such 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 respecttive barony, before three members of the grand jury of such county at such Spring Assizes, who shall by the grand jury be appointed for such purpose, and shall examine the same; and after due examination of the same, and after examination upon oath of such high constable or collector and such other person or persons as such grand jurors may require to be examined relating to the same, which oath any such grand juror shall be empowered to administer, such three grand jurors 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 county cess required to be collected by him since the then last Summer Assizes, and shall by their certificate certify under their hands 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 certificate and lists shall by such grand jurors or by the secretary of the grand jury be laid before the grand jury at the said Spring 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 shall duly pay or shall have paid over to the respective treasurer of the county the whole amount which it shall appear by such 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 recited Act provided, upon the amount so collected and paid over to the treasurer.
III. That in the construction of this Act, unless the subject or context require another construction, the word " 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.
IV. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament.
AN ACT to restrain Party Processions in Ireland.
ABSTRACT OF THE ENACTMENTS.
(12th March 1850.)
1. What processions shall be unlawful; persons attending thereat guilty of a misdemeanour.
2. Power to Justices to command such assemblies or processions to disperse.
3. Penalty on persons refusing to disperse after such command, &c.
4. Fire-arms in possession of persons forming part of any assembly, &c. to be forfeited.
5. Party proceeded against for not departing after notice not to be indicted for misdemeanour for being present at assembly at which notice was read.
6. Act may be amended, &c.
By this ACT,
After reciting that numbers of persons have been in the practice of assembling and marching together in procession in Ireland in a manner calculated to create and perpetuate animosities between different classes of Her Majesty's subjects, and to endanger the public peace :
It is Enacted,
1. That from and after the passing of this Act all assemblies of persons in Ireland who shall meet and parade together or join in procession, and who shall bear, wear, or have amongst them or any of them any fire-arms or other offensive weapons, or any banner, emblem, flag, or symbol, the display whereof may be calculated or tend to provoke animosity between different classes of Her Majesty's subjects, or who shall be accompanied by any person or persons playing music or singing any song which may be calculated or tend to provoke animosity between different classes of Her Majesty's subjects, shall be unlawful assemblies, and every person present thereat shall be guilty of a misdemeanour, and upon conviction thereof shall be punished accordingly.
II. That any Justice or Justices of the Peace shall proceed, with such assistance as in the judgment of such Justice or Justices may be necessary, to the place where any such assembly of persons hereby declared to be unlawful shall be held or take place, and such Justice or one of such Justices, or some other person by their or his order, shall then and there read or repeat aloud to the persons so assembled a command or notice to disperse in the words or to the effect following; (that is to say,)
OUR Sovereign Lady the Queen doth charge and command all persons being here assembled immediately to disperse and peaceably to depart upon pain of Fine or Imprisonment, according to the Statute passed in the Thirteenth Year of the Reign 'of Queen Victoria, to restrain Party Processions in Ireland. 'GOD save the Queen.' III. That the persons so met and assembled together shall forthwith, after such command or notice shall have been read or repeated aloud as aforesaid, disperse and depart; and if any one or more of the persons so met or assembled together as aforesaid shall not disperse and depart within the space of one quarter of an hour from the time of such command or notice having been read or repeated aloud as aforesaid, such person or persons shall be guilty of a misdemeanour, and it shall be lawful for the Justice or Justices who shall have read or repeated, or who shall have ordered to be read or repeated, such command or notice, or for any other Justice or Justices of the Peace, to seize, or by order to any constable or other person to cause to be seized and detained for the use of Her Majesty, any such fire-arms or other offensive weapon, and any such banner, emblem, flag, or symbol, and any musical instruments in the possession of any such persons, and to cause the person or persons so refusing or neglecting to disperse or depart to be apprehended, either with or without a warrant for that purpose, or to be summoned to answer for such offence; and such offender or offenders may thereupon be proceeded against in a summary way for such offence before any two Justices of the Peace before whom he or they may be brought or summoned to appear; and every person being convicted thereof on the oath of one or more credible witness or witnesses, shall be liable to a penalty not exceeding 5., and to imprisonment for any term not exceeding one calendar month unless such penalty be sooner paid, or, at the discretion of the said Justices, to be committed to any one of Her Majesty's common gaols or prisons in Ireland for a term not exceeding one calendar month, and for a second or any subsequent offence against the provisions of this Act to a penalty not exceeding 10%, and to imprisonment for any term not exceeding two calendar months unless the same be sooner paid, or in the discretion of the said Justices, to be committed to any one of Her Majesty's common gaols or prisons in Ireland for a term not exceeding two calendar months.
IV. That all fire-arms or other offensive weapons which shall be borne, employed, or be in the personal possession of any person forming part of any assembly or procession declared unlawful under this Act, shall be forfeited to the use of Her Majesty, whether the command or notice under this Act provided shall have been read or repeated or not, or whether after the reading or repeating of the same such assembly or procession shall have dispersed or not; and any such person who shall neglect or refuse to deliver up such arms or offensive weapons at any such meeting as aforesaid to any Justice of the Peace, when required so to do, shall for every such refusal or neglect be subject to the penalties in this Act already set forth, which penalties shall be recoverable in the same summary manner, and the party so offending shall be subject to imprisonment in like manner, as has already been provided in respect to the summary proceedings under this Act.
v. Provided and enacted, That no person who shall have been proceeded against in a summary way as aforesaid for not disper sing or departing within the space of one quarter of an hour from the time of such command or notice having been read or repeated aloud as aforesaid, shall likewise be indicted for a misdemeanour for having been present at the unlawful assembly at which such command or notice shall have been so read or repeated: Provided also, that nothing herein contained shall prevent the prosecution by indictment for a misdemeanour of any person who shall be present at any such unlawful assembly as aforesaid, and who shall not have been proceeded against in a summary way as hereinbefore last mentioned.
VI. That this Act may be amended or repealed by any Act to be passed in this session of Parliament.
AN ACT to apply the Sum of Eight Millions out of the Consolidated Fund to the Service of the Year One thousand eight hundred and fifty.
By this ACT, the Commons grant and it is Enacted,—
(25th March 1850.)
I. That there shall be applied, for the service of the year 1850, the sum of 8,000,0007, out of the Consolidated Fund.
11. The Treasury may cause 8,000,000l. of Exchequer bills to be made out in manner prescribed by 48 Geo. 3. c. 1, 4 & 5 Will. 4. c. 15, and 5 & 6 Vict. c. 66.
III. The clauses, &c. in recited Acts extended to this Act.
IV. Interest on Exchequer bills.
v. Bank of England may advance 8,000,000l. on the credit of this Act, notwithstanding 5 & 6 W. & M. c. 20.
VI. Bills prepared by virtue of this Act to be delivered to the Bank, as security for such advances.
VII. Monies raised by bills to be applied to the services voted by the Commons.
VIII, Exchequer bills made chargeable upon the growing produce of the Consolidated Fund.