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Proviso where Balance appears.

Where Estate of Public Accountant sold under Writ of

Purchase
Money paid,
Entry to be
made by Com

the Sums forming the Charge and Discharge Parts of the said Account, together with the Amount of the Balance (if any) either indebted or in Surplusage; or in case there should be no such Balance, then the words "Even and Quit" shall be inserted in the said Certificate, which shall be signed by any two or more of the said Commissioners, and shall be delivered to the Accountant, or to any Person duly applying for the same on his Behalf, without any Fee or Reward whatsoever being demanded for the same; and every such Certificate, so made out and signed as aforesaid, shall be as valid and effectual to discharge the Accountant, either in the whole or for so much of the Monies with which he was originally chargeable, as shall therein appear to have been duly accounted for, and for all other Purposes whatsoever relating to or concerning the said Account, as if a Quietus or Abstract of the said Account had duly issued from the Office of the Clerk of the Pipe, according to the Course of His Majesty's Exchequer in use before the passing of this Act; any Law, Custom or Usage to the contrary thereof in anywise notwithstanding: Provided always, that when the Account so declared shall be a sole or a final Account, and a Balance shall appear thereby to be due from the Accountant, the said Commissioners shall not make or grant such Certificate as aforesaid, until the Accountant shall have satisfied them, by the Production of a Tally or other sufficient Document, that he hath discharged the full Amount of such Balance, and all Interest due thereon, or that he hath been relieved from the Payment thereof, or of so much thereof as shall not have been paid.

X. And be it further enacted, That in all cases where any Estate belonging to a Public Accountant shall be sold under any Writ of Extent, or any Decree or Order of the Courts of Chancery Extent, &c. and or Exchequer, and the Purchaser or Purchasers thereof, or of any Part thereof, shall have paid his, her or their Purchase Money into the Receipt of His Majesty's Exchequer, an Entry of such Payment shall be made by the Commissioners for auditing the Public Accounts in the declared Account of such Public AcCountant, and from and after such Payment and Entry as aforesaid, such Purchaser or Purchasers, his, her and their Heirs and Assigns, shall be wholly exonerated and discharged from all further Claims of His Majesty, His Heirs or Successors, for or in respect of any Debt arising upon such declared Account, although his, her or their Purchase Money shall not be sufficient in Amount to discharge the Whole of the said Debt.

missioners for

auditing Public Accounts in the

declared Ac

counts.

• XI. And Whereas the Lord Treasurer's Remembrancer and 'the Clerk of the Pipe, and such of the Officers and Clerks in those Offices respectively, to whom any Fees or Proportions of Fees were before the passing of this Act payable by Law or 'ancient Usage on Inrolment or otherwise, in respect of all • Accounts examined and audited in the Office of the Commis'sioners for auditing the Public Accounts, will, by reason of the • Provisions of this Act, from and after the Fifth Day of July One • thousand eight hundred and twenty one, lose all Benefit and Advantage whatever arising from such Fees or Proportions of Fees; and it is just and reasonable that some Compensation • should be made for the Loss thereof, to the Persons now holding 18

• the

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Treasury may allow Compensation as hercin Loss of Fees in the Office of the Lord Treasurer's Remembrancer, and the Pipe;

limited for the

Clerk of the

the said Offices of Lord Treasurer's Remembrancer and of the 'Clerk of the Pipe, and also to such of the Officers and Clerks now being in their said respective Offices, as may respectively 'be in the actual Enjoyment of or entitled by Law or the ancient Usage of Office to succeed to those Situations in the said Offices, ' in respect of which the said Fees or Proportions of Fees were payable;' Be it therefore enacted, That it shall be lawful for the Commissioners of the Treasury for the time being, or any Three or more of them, to order and direct that such annual or other Compensations shall from time to time be made to the Persons now holding the Offices of Lord Treasurer's Remembrancer and Clerk of the Pipe, and to such respective Officers or Clerks in those Offices as aforesaid, for the Loss of Fees or Proportions of Fees which they will respectively sustain by reason of the Provisions of this Act, as to the said Commissioners of the Treasury shall seem just and reasonable; which Compensation, in case the same shall be annual, shall commence from the Fifth Day of July One thousand eight hundred and twenty one; and all such Compensations, whether annual or in gross, shall be payable by the Commissioners for auditing the Public Accounts, out of the same Fund as the Fees now payable in those respective Offices on the passing of Public Accounts are paid: Provided always, that no such Compensation shall be allowed to continue beyond the Lives of the respective Individuals, who at the Time of the passing of this Act were either in the actual Receipt and Enjoyment of the Fees or Proportions of Fees for which such Compensations may respectively have been granted, or of the Individuals now entitled by Law or the ancient Usage of Office to succeed to those Situations in the said Offices, in respect of which such Fees or Proportion of Fees were before the passing of this Act respectively payable: Provided also, that no such Compensation shall be considered as to be submitted finally and conclusively granted, until the same shall have been to Parliament. first submitted to Parliament.

Persons upon
Oath as to the

Nature and
Amount of
Fees on passing
of Public Ac-

counts.

XII. And be it further enacted, That for the better enabling The Commisthe Commissioners of His Majesty's Treasury to form a correct sioners of AuJudgment of the Nature and Amount of the Compensations which dit may examine it may be reasonable and proper to grant to the Lord Treasurer's Remembrancer and Clerk of the Pipe, and to any of their Officers or Clerks, for the Loss of Fees on the passing of Public Accounts, it shall be lawful for the Commissioners for auditing the Public Accounts, or any Two of them, under the Direction of the said Commissioners of His Majesty's Treasury for the time being, or any Three or more of them, to call before them any Person or Persons whomsoever, and to examine them upon Oath, which Oath any Two of the said Commissioners for auditing the Public Accounts are hereby empowered to administer, in regard to the Nature, Legality and Amount of the Fees on the passing of Public Accounts, in respect of which any such Compensation as aforesaid may be claimed, and as to the Grounds of such Claim, and to transmit the said Examinations to the Commissioners of His Majesty's Treasury for their Information and Consideration, previously to the Grant of any such Compensations as aforesaid.

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• XIII. And Whereas by virtue of an Act passed in the Forty 41 G.3. Sess. 1. 'first Year of His late Majesty, intituled An Act to authorize His c. 22.

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'

• Majesty

46 G. 3. c. 80.

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48 G.3. c.91.

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"Majesty to appoint Commissioners for the more effectual Examinatson of Accounts of Public Expenditure for His Majesty's Forces in the West Indies, during the present War; and of another Act passed in the Forty sixth Year of His late Majesty, 'intituled An Act to provide for the more effectual Examination of • Accounts of the Expenditure of the Public Money in the West Indies, and for the better Discovery of Frauds and Abuses therein, certain Commissioners were appointed by Letters Patent under the Great Seal of Great Britain, for examining and investigating the Public Accounts of Military Expenditure in the West Indies, incurred from the First Day of January One thousand seven hundred and ninety three until Twelve Months after the Rati'fication of a Definitive Treaty of Peace, and for inquiring into 'all Frauds and Abuses committed by any Persons whatever concerned in such Expenditure: And Whereas by another Act passed in the Forty eighth Year of His late Majesty, intituled An Act for enabling the Commissioners appointed to examine "Accounts of Public Expenditure in the West Indies more speedily to investigate the said Accounts, further Provision was made for the more effectually carrying into Execution the Purposes of the said Acts: And Whereas the Number of Commissioners appointed by virtue of the said recited Acts of His late Majesty, for the Examination of Accounts of Expenditure in the West •Indies, hath, by Deaths or Vacancies, otherwise occasioned, 'been reduced to Three: And Whereas there are still depending in the Office of the said Commissioners Accounts of Expenditure incurred in the West Indies, up to the Expiration of • Twelve Months after the Ratification of the Definitive Treaty of • Peace with America, to a very considerable Amount, the Exa❝mination whereof hath not yet been completed;' Be it further enacted, That in case His Majesty shall deem it for the good of the Public Service that the Accounts still depending unexamined Commission for in the Office of the Commissioners for examining the Accounts of Expenditure in the West Indies should be transferred for their further and final Examination and Audit to the Office of the Commissioners for auditing the Public Accounts of Great Britain, then and in such case it shall be lawful for His Majesty, by His Commissioners Letters Patent under the Great Seal of Great Britain, to revoke the Commission appointing such Commissioners for the Examination of Accounts of Expenditure in the West Indies; and by the same Letters Patent, to order and direct that One of the said Commissioners shall from thenceforth be and be deemed to be a Commissioner for auditing the Public Accounts of Great Britain, in addition to the Number of Commissioners authorized by virtue of the said recited Act of the Forty sixth Year of His late Majesty, for auditing the Public Accounts of Great Britain, and such additional Commissioner shall from thenceforth hold his Office by the same Tenure, and be invested with the same Powers and Authorities, and shall have and receive the same Salary, payable in the same manner, and shall be and be deemed a Commissioner for auditing the Public Accounts of Great Britain, as fully and effectually to all Intents, Constructions and Purposes as if he had been appointed a Commissioner for auditing the Public Accounts of Great Britain, under and by virtue of the said last mentioned

His Majesty may revoke

Examination of
West India
Accounts,

and direct that

One of the

therein shall
be an additional
Commissioner
for auditing the
Public Ac
counts.

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Act;

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Act; any thing therein contained to the contrary thereof in any-
wise notwithstanding.

filled up with out Authority of Parliament,

until Number of

XIV. Provided always, and be it further enacted, That from and Vacancy not after the Date of such Letters Patent as aforesaid, no Vacancy which may arise in the Number of the Commissioners for auditing the Public Accounts shall be filled up by the Appointment of any other Commissioners, without the further Authority of an Act of Commissioners Parliament for the Purpose of authorizing such Appointment, until reduced to Five. the Number of such Commissioners shall be reduced to Five or less, in which case His Majesty may from time to time, as often as any such Vacancy shall happen, appoint new Commissioners, so as to keep up their Number always at Six.

XV. And be it further enacted, That in case and whenever His Majesty shall revoke the Commission for appointing Commissioners for the Examination of Accounts of Expenditure in the West Indies, and shall direct that One of the Commissioners shall be an additional Commissioner for auditing the Public Accounts of Great Britain, it shall be lawful for the Lord High Treasurer or the Commissioners of the Treasury for the time being, or any Three or more of them, by Warrant under their Hands, to transfer to the Establishment of the said Commissioners for auditing the Public Accounts of Great Britain such of the Officers and Clerks now employed in the Office for examining the Accounts of Expenditure in the West Indies, as they may deem it expedient to transfer to that Establishment.

<

If His Majesty
shall revoke the
West India.

Commission,
Treasury may

make Regu-
lations in Audit

Office.

• XVI. And Whereas by virtue of an Act passed in the Fifty 53 G. 3. c. 150.
third Year of His late Majesty, intituled An Act for the more §1.

speedy and effectual Examination and Audit of the Accounts of
Military Expenditure in Spain and Portugal; for removing
Delays in passing the Public Accounts; and for making new
Arrangements for conducting the Business of the Audit Office, One
of the Commissioners for auditing the Public Accounts of Great
Britain was appointed to be Auditor General of Accounts of
the Public Expenditure in Spain and Portugal, with an Esta-
'blishment of Officers and Clerks under him for that Purpose,
and with such Powers and Authorities for the Execution of the
'said Office there, as in the said recited Act are mentioned: And

• Whereas by another Act passed in the Fifty fourth Year of His 54 G. 3. c. 98.
'said late Majesty, the said Auditor General was invested with § 1.
the same Powers and Authorities in respect of the Accounts of
Public Expenditure in France as were given to and vested in him
by virtue of the said recited Act of the Fifty third Year afore-
said, with respect to the Accounts of Public Expenditure in
Spain and Portugal: And Whereas the said Auditor General
• hath returned with his Establishment to this Kingdom, by reason
whereof his peculiar Functions and Powers as Auditor General
< under the said recited Acts have ceased and determined, but the
• Examination and Audit of the said Accounts hath not yet been
completed, and it is therefore expedient that the Examination of
the said Accounts should be proceeded in and completed under
his immediate and separate Superintendence and Directions, as
• One of the Commissioners for auditing the Public Accounts, or
'that some other special Provision should be made for that Pur-
pose ;' Be it therefore enacted, That it shall be lawful for the said Treasury may

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Com- make Regù

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lations for com. pleting the Examination of the Peninsular

Accounts.

25 G. 3. c. 52.

Commissioners of His Majesty's Treasury for the time being, or
any Three or more of them, by Warrant under their Hands, to
make such Arrangements, Regulations and Provisions for com-
pleting the Examination and Audit of the said Accounts, as shall
appear to them best calculated for the Attainment of that im-
portant Object; and the Commissioners for the time being, under
whose immediate and separate Superintendence the said Accounts
shall be placed, shall have and is hereby invested with such and the
like Powers of Examination upon Oath (which Oath he is hereby
empowered to administer), touching all Matters and Things re-
lating to the said Accounts, as by the said Act of the Fifty third
Year of His late Majesty were vested in the Auditor General; any
thing herein contained to the contrary thereof in anywise not-
withstanding.

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• XVII. And Whereas by the said recited Act of the Twenty • fifth Year of His late Majesty, any Three or more of the Commissioners for auditing the Public Accounts are empowered to • examine upon Oath, and to administer the same in the manner • therein mentioned; and by the said recited Act of the Forty sixth • Year of His late Majesty for auditing the Public Accounts of • Great Britain, it is enacted, that any thing which therein or by any of the Acts therein recited is directed to be done by the • Commissioners for auditing the Public Accounts, or by any of the Boards into which the said Commissioners might be divided, might be done by the Majority of the said Commissioners, or by the Majority of any of the said Boards respectively:' Now be it Any Two of the enacted, That notwithstanding any thing in the said recited Acts, or in any other Acts now in force relating to the Examination and Audit of the Public Accounts of Great Britain contained to the contrary thereof, it shall and may be lawful for any Two or more of the Commissioners for auditing the Public Accounts, and they are hereby empowered, to examine upon Oath (which Oath any Two or more of them are hereby authorized to administer), and to do all other Acts, Matters and Things whatsoever, relating to or in anywise concerning the Examination and Audit of any Public Accounts, which by virtue of the said Acts any Three or more, or a Majority of the said Commissioners, or a Majority of any Board into which the said Commissioners might be divided, are authorized and empowered to do.

Commissioners

empowered to administer an Oath.

Persons giving false Evidence to be guilty of Perjury.

Treasury may establish Regulations in

Office of Commissioners for

XVIII. And be it further enacted, That in case any Person or Persons, in the Course of any Examination upon Oath before the Commissioner, having for the time being the separate Superintendence and Direction of the Accounts of the Public Expenditure in Spain, Portugal and France, or before any Two of the Commissioners for auditing the Public Accounts for the time being, shall wilfully and corruptly give false Evidence, such Person or Persons so offending, and being thereof duly convicted, shall be subject and liable to such Pains and Penalties as by any Law now in being Persons convicted of wilful and corrupt Perjury are subject and liable to.

XIX. And be it further enacted, That it shall be lawful for the said Commissioners of His Majesty's Treasury for the time being, or any Three or more of them, from time to time, by Warrant under their Hands, to direct such new Arrangements in the Office

of

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