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Officers to receive Compensation, and Mode of ascertaining Compensation.
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CXXI. And be it enacted, That every salaried Commissioner, and every Officer of the said Commissioners for widening and improving the Streets of Dublin, and for paving, cleansing, and lighting the Streets of Dublin, and of the Grand Jury of the County of the City of Dublin, and any Secretary or other Officer employed by the Directors or Trustees of the Circular Road Turnpike Trust within the Borough of Dublin, and that every Officer of the Lord Mayor or Town Council of Dublin, provided he be such Officer of the said Lord Mayor or Town Council at the Period at which this Act shall come into operation respectively, 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 of an Act passed in the Third and Fourth Years of the Reign of Her present Majesty, intituled An Act for the Regulation of Municipal Corporations in Ireland, or of a Bill now pending in Parliament, intituled An Act to amend the Act for the Regulation of Municipal Corporations in Ireland so far as relates to the Borough of Dublin, in case the same should pass into a Law, or be deprived of Fees or Emoluments to which he would have been entitled if this Act had not been passed, and who shall not he re-appointed under this Act, or who shall not be employed or retained by the Council in an Office of equal Value under this Act, shall be entitled to have an adequate Compensation, by way a Sum of Money in gross or Annuity, at the Option of and to be assessed by the said Council, and paid out of the Improvement Fund by this Act authorized, for the Salary and for any Fees or Emoluments which he may enjoy or be entitled to receive on account of the Office which he shall cease to hold, regard being had to the Manner of his Appointment to the said Office, and 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 Day when he shall have so become entitled, deliver to the Town Clerk a Statement under his Hand, setting forth how long he shall have held his said Office, and the Amount received by him or his Predecessor in Office 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 Profits 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, 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 Council shall so require, the Person preferring such Claim, upon receiving Notice in Writing signed by the Town Clerk, shall attend at any Meeting or adjourned 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 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 the said Council 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: Provided always, that every such Person who shall he continued in or re-appointed to such Office under the Provisions of this Act, and who shall subsequently be removed from such Office for any Cause other than such Misconduct as would warrant Removal from any Office held during good Behaviour, shall 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 no Officer who shall have received Compensation under the Provisions of a Bill now pending in Parliament, intituled An Act to provide for the Collection of Rates in the City of Dublin, in case the same shall pass into a Law, shall he entitled to receive Compensation under this Act for the Loss of any Salary, Fees, or Emoluments in respect of which he shall have so received Compensation.
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