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Powers of Lord Lieutenant in respect of the Removal of Prisoners extended.
As to Payment of Expenses of Prisoners removed from one County to another.
Such Expenses not to be paid by Inspectors of Constabulary.
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XXXVI. ‘And whereas by an Act of the Tenth and Eleventh Years of Her Majesty, Chapter Forty-five, and by another Act of the Twelfth and Thirteenth Years of Her Majesty, Chapter Nineteen, Provision is made for the Removal in certain Cases of Prisoners from one Place of Confinement to another, and by the same Acts and by another Act of the Fourteenth and Fifteenth Years of Her Majesty, Chapter Eighty-five, Provision is made for defraying the Expenses of such Removal, and also of the Removal and Conveyance of Prisoners upon ordinary and other Occasions: And whereas it is expedient to extend the Power of the Lord Lieutenant in respect of the Removal of Prisoners and to alter the Mode in which the aforesaid Expenses are at present vouched and paid:’ Be it enacted, That it shall be lawful for the Lord Lieutenant of Ireland as and when and as often from Time to Time as he shall think it proper or expedient so to do, by Order in Writing signed by the Chief or Under Secretary for Ireland for the Time being, to direct that any Person being imprisoned in any Prison, Gaol, Bridewell, or other Place of Confinement in Ireland, under or by virtue of any Process, Civil or Criminal, or under or by virtue of any Order or Writ of any Court of Justice in Ireland, shall and may be removed from such Prison, Gaol, Bridewell, or other Place of Confinement, to such other Prison, Gaol, Bridewell, or Place of Confinement as to such Lord Lieutenant shall seem fit and proper for and during such Time as to him shall appear expedient, and every such Person when so removed shall he, and shall to all Intents and Purposes be deemed to be, in the proper legal Custody for and during the Time of such Removal, and for and during such Time as he or she shall be in the Place to which he or she shall be so removed, in like Manner to all Intents and Purposes as if such Person had been continued in his or her original Place of Confinement and had not been by any such Order removed from the same; and no Right, Duty, Authority, Liability, Jurisdiction, Franchise, Power, Privilege, or Function of any Person whatsoever, which if such Removal had not taken place would have existed or could or might have been used or exercised, shall be in any Degree affected, altered, diminished, or prejudiced by or in consequence of any such Removal: Provided always, that in case any such Prisoner shall be removed under the Provisions of this Act from any County into any other County, the Expenses of the Support and Maintenance of such Prisoners respectively in any Place to which they shall be so removed shall be paid and provided for by the County from which they shall respectively have been so removed, in like Manner as the same ought to have been paid or provided for before such Removal; and the Expenses of any such Removal under this Act, and of any Removal of Prisoners under the said recited Acts of the Tenth and Eleventh and Twelfth and Thirteenth Years of Her Majesty, and of any further Removal of Prisoners to their original Place of Custody, shall be charged and chargeable on the County from which they shall have been in the first instance so removed; and the said Act of the Fourteenth and Fifteenth Years of Her present Majesty shall extend to and include such Expenses, and in every Case where any such Expenses as aforesaid, or any such Expenses as are mentioned in the Fourth Section of the said last-mentioned Act, shall have been incurred by any Gaoler, Bridewell Keeper, or other Prison Officer when in charge of any such Prisoners, such Expenses shall in the first instance be paid as follows, that is to say, by the Governor when the said Expenses shall have been incurred by the Governor or any Officer of any Prison other than a Bridewell, and by the Local Inspector when the said Expenses shall have been incurred by the Keeper or other Officer of any Bridewell; and the said Expenses of such Governor, Keeper, or other Prison Officer shall not be paid by the Inspector of Constabulary, anything in the said recited Act of Fourteenth and Fifteenth Years of Her Majesty, Chapter Eighty-five, contained to the contrary notwithstanding; and the Local Inspector and Governor of the County Gaol shall from Time to Time lay before the Board of Superintendence of the said Gaol Accounts duly vouched of the Expenses so incurred, and the said Board of Superintendence are hereby empowered and required to examine such Accounts, and upon being satisfied of their Reasonableness and Accuracy, to pay the same out of any Funds under their Control.
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