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Officers to receive Compensation, and Mode of ascertaining the same.
10 & 11 Vict. c. 100.
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LVII. And be it enacted, That every Officer whose Office shall be abolished, or cease or become unnecessary, by reason of this Act, or who shall be removed from his Office under the Provisions of this Act, or deprived of Fees or Emoluments to which he would have been entitled if this Act had not been passed, and who shall not be re-appointed under this Act, or who shall not be employed or retained in an Office of equal Value under this Act, and also every Collector of any Cess, Rate or Tax, who is now, or on the Tenth Day of December in the Year One thousand eight hundred and fifty shall be, employed in the Collection of any of the Cesses, Rates, or Taxes in the Schedule (A.) to this Act annexed, and who shall not be employed or retained in an Office of equal Value under this Act, shall be entitled to have an adequate Compensation, by way of a Sum of Money in gross or Annuity, at the Option of the Lord Mayor, Aldermen, and Burgesses of Dublin, for the Salary and for any Fees or Emoluments which he may enjoy or be entitled to receive on account of the Office or Employment which he shall cease to hold, Regard being had to the Manner of his Appointment to the said Office, his Term or Interest therein, Length of Service, and all other Circumstances of the Case; and every Person entitled to such Compensation as aforesaid shall, within Three Months after the First Day of January One thousand eight, hundred and fifty-one, deliver to the Town Clerk of the said Borough a Statement under his Hand, setting forth how long he shall have held his said Office, and the Amount received by him and his Predecessor, if any, every Year during the Period of Five Years, or such lesser Period as he shall have held his said Office, next before the passing of this Act, on account of the Salary; Fees, Emoluments, and Profit’s in respect of which he shall claim Compensation, and containing a Declaration that the same is a true Statement, according, to the best of the Knowledge, Information, and Belief of such Person, and also setting forth the Sum claimed by him as such Compensation; and the said Town Clerk shall lay such Statement before the Council of the said Borough, who shall take the same into consideration, and determine thereon; and if the Council shall not determine on such Claim within Six Months after the aforesaid Statement, shall have been delivered to the Town Clerk, such Claim shall be considered as admitted; and, if the said Council shall so require, the Person preferring, such Claim, upon receiving. Notice in Writing signed by the Town Clerk, shall attend at any Meeting of the said Council, or any Committee thereof to which the Investigation of such Claim may be referred by such Council, and then and there shall answer all such Questions as shall be asked by any Member of the said Council or Committee, touching the Matters set forth in the Statement subscribed by such Person as aforesaid, and produce all Vouchers, Books, Papers, and Writings in his Possession, Custody, or Power relating thereto; and immediately upon a Determination being made by the said Council or Committee touching the Matter in the said Statement, the Person preferring such Claim shall be informed of the Particulars of such Determination by Notice in Writing under the Hand of the Town Clerk; and in case such Claim shall be admitted in part and disallowed in part, such Notice shall specify the Particulars in which the same shall have been admitted and disallowed respectively; and the said Council shall also transmit their Determination to such of the Bodies Politic or Corporate, Boards, Commissioners, or Persons, in connexion with whom such Officer or Collector had been, as shall be then existing, or whose Powers shall not have been transferred to the said Council; and in case the Person preferring such Claim shall think himself aggrieved by the Determination of the Council thereon, it shall be lawful for him to appeal to the Commissioners of Her Majesty’s Treasury, who shall thereupon make such Order as to them shall seem just; and such Order, signed by Three or more of such Lords Commissioners, shall be binding upon all Parties; and such Order shall be transmitted to the Person preferring such Claim, and to such of the Bodies Politic or Corporate, Boards, Commissioners, or Persons, in connexion with whom such Officer or Collector had been, as shall be then existing, or whose Powers shall not have been transferred to the said Council; and such Bodies Politic or Corporate, Boards, Commissioners, or Persons, shall from Time to Time pay to every such Person awarded Compensation as aforesaid the Money or Annuity so granted or determined as and for Compensation when and as the same shall respectively become due and payable; and in case such Compensation shall be by way of Annuity, the same shall be payable by half-yearly Payments; and such Money or Annuity, as the Case may be, shall be included in the respective Estimates herein-before directed to be made, and shall be levied and collected in like Manner as any Rates so estimated as aforesaid are herein directed to be levied and collected: Provided always, that every such Person who shall be continue in or re-appointed to such Office under the Provisions of this Act, and who shall subse quently be removed from such Office, for any Cause other that such Misconduct as would warrant Removal from any Office held during good Behaviour, shal1 be entitled to Compensation, in like Manner as if he had been forthwith removed under the Provisions of this Act, and had not been continued in or re-appointed to such Office; provided also, that in case the Office or Employment of any Receiver, Collector, or other Officer belonging to the Police Establishment of the District of Dublin Metropolis shall cease or be abolished, wholly or in part, under this Act, and that he on his Removal from such Office or Appointment would have been entitled to Compensation for the Loss of the same under the Provisions of the Act passed in the Teeth and Eleventh Years of the Reign of Her present Majesty, intituled An Act to regulate the Superannuation Allowances of the Constabatory Force in Ireland and the Dublin Metropolitan Police, then, in case his Office or Employment shall cease or be abolished under this Act, his Compensation for the Loss of the same shall be settled, determined, and paid in the Manner prescribed by the last-mentioned Act; and in case he shall not have been entitled to such Compensation under such last-mentioned Act, the Compensation of such Receiver, Collector, or other Officer shall be settled, determined, and paid under the Provisions of this Act: Provided also, that no Officer who shall have received Compensation under the Provisions of a Bill now pending in Parliament, to be called. “The Dublin Improvement Act, 1849,” in case the same shall pass into a Law, shall be entitled to receive Compensation under this Act for the Loss of any Office or Employment, Salary, Fees, or Emoluments, in respect of which he shall have so received Compensation.
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