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the Chair before the close of the Sittings for that day; and the Member so called upon shall take the Chair and act as Speaker accordingly during the remainder of such day, anless Mr. Speaker himself resume the Chair before the close of the Sittings for that day; and erery Act passed, and every order made, and every thing done by the House while such Member is acting as Speaker as aforesaid, shall be as valid and effectual, to all intents and purposes, as if done while Mr. Speaker himself was presiding in the Chair.
SALARIES OF THE CLERKS OF THE LEGISLATTRE.
Section. I Salaries, how paid.
2 Allowance to late Clerk. 1. The Salary of the Clerk of the Legislative Council and of the House of Assembly shall be one thousand dollars each per annum, payable quarterly by Warrant issued by the Gorernor in Council.
2. There shall be paid to Charles P. Wetmore, Esquire, late Clerk of the House of Assembly, for and during his natural life, the annual sum of twelve hundred dollars, payo able quarterly by Warrant issued by the Governor in Council.
INSURANCE ON THE LEGISLATIVE LIBRARY. Section.
Section. 1 Library Committee to insure. 5 If both offices vacant, action to be 2 President and Speaker recover in in Governor's name. case of loss.
6 Annual Grant for Premium. 3 Right of action vests in survivor. 7 Moneys recovered for loss payable 4 When President alone may re- to Receiver General.
1. The Committee of the Legislative Library shall at all times keep the Library insured in some Insurance Office, against loss or damage by fire, which shall be effected in the names of the President of the Legislative Council and the Speaker of the House of Assembly, with the same effect as if they were the owners.
2. The said President and Speaker, in case of loss or damage by fire, shall recover for the loss as a private insurer.
3. In the event of the death of the President or Speaker all the rights and powers shall vest in the survivor.
4. Should a vacancy occur other than by death in the office of Speaker such rights and powers shall rest in the President alone.
5. In case of vacancy in both offices such rights and powers shall vest in the Governor; and in every action by such sole plaintiff under this Chapter, such death or vacancy shall be suggested on the record.
6. The Committee shall annually certify to the Speaker the amount required during the current year for premiums of insurance under this Chapter, for which a Warrant shall issue by the Gorernor in Council.
7. All moneys received for loss on such insurance shall be forthwith paid to the Receiver General, to the credit of the Province.
PROVINCIAL REVENUES AND ACCOUNTS. Section.
Section. 1 Provincial Secretary to be Re- 14 When proceedings for recovery of
ceiver General, and give a bond. money or property may be taken. 2 All public moneys to be paid to 15 Governor in Council may appoint
Receiver General, and deposited a person as Deputy Auditor in a bank.
General for purposes hereof. 3 Form of accounts and books, and 16 Evidence in proceedings here
times of payment by public offi. under.
Provincial Revenues. 4 Receiver General not to receive
CERTAIN FEES. any salary.
18 Fees of Secretary's Office to be SECURITIES BY PUBLIC OFFICERS.
part of public revenue. 5 Public officers to give bonds. EXPENDITURE AND ACCOUNTING. 6 When bond of an Assurance 19 Expenditures paid by Warrant; Company may be given.
special Warrant, when. AUDITING.
20 Penalty for not accounting. 7 Fiscal year ends November 1st. 21 Receiver General may notify cer. 8 Accounts to be rendered to Audi. tain persons to account.
tor General, when ; penalty for 22 Service of notice.
23 Proceedings on neglect to ar9 Auditor General to examire and count after notice. report to Legislature.
24 Proceedings where after notice 10 & 11 May examine person: under the person accounts but docs
oath, and summion witnesses. not render pioper vouchers. 12 Shall report any deficiency which 25 Service of second notice.
nay be recorered from party in 26 Definition of terms.
:7 Papers, books, &c. of Public Offi13 Certiorari allowed, when.
cers the property of the Crown.
RECEIVER GENERAL. 1. The Provincial Secretary of this Province shall,by virtue of his office, be Receiver General, and shall give a Bond to the Queen in the sum of twenty thousand dollars, with two sufficient sureties in ten thousand dollars each, conditioned for the faithful discharge of the duties of his office of Receiver General
2. All public moneys from whatever source derived, belonging to the l'rovince,shall be paid to the Receiver General, or into such Bank or Banks in this Province, to the credit of the Receiver General, as the Governor in Council may from time to time direct; and all such revenue or public moneys paid directly into the hands of the Receiver General, shall forthwith be deposited by him into such Bank or Banks to his credit as Receiver General, as the Governor in Council may from time to time direct.
3. The Governor in Council may from time to time appoint and prescribe the times and mode in which any officer or person employed in the collection of the revenue or public moneys, or any portion thereof, shall account for and påy over the same, and in what forin books and accounts shall be kept by such officer or person, and which of such books and accounts shall be open for inspection, and by whom.
4. The Provincial Secretary shall not be entitled to receive any salary as Receiver General.
SECURITIES BY PUBLIC OFFICERS. 5. In all cases where no provision is already made by law for security to be given by public officers, every person appointed or hereafter to be appointed to any office, employmentor commission under the Gorernment, wherein he shall be concerned in the collection, receipt, disbursement or expenditure of any public money, shall execute a Bond to the Queen,in such sum and with such sufficientsurety or sureties as may be approved of by the Governor in Council, for the faithful discharge of his duties, and for his duly accounting for all public moneys received by him or entrusted to his control.
6. The Governor in Council may, by Order in Council, direct that whenever any public officer is required to give security to the Crown, or to the Lieutenant Governor, for the due performance of the duties imposed upon him, or the trusts reposed in him,or for his duly accounting for all public moneys entrusted to him or placed under his control, or for the due fulfilment in any way of his duty,or of any obligations undertaken in respect of his office, the Bond or Policy of Guarantee of any Assurance Society or Company named in such Order in Council, or from time to time named in such Orders in Council, may be accepted as such security upon such termsas shall be determined by the Governor in Council
AUDITING. 7. The Fiscal year shall end on the first day of November in each year.
8. All Acounts connected with the receipt and expenditure of public moneys shall be rendered at the Office of the Auditor General, or other officer whose duty it shall be to examine and report on Public Accounts, on or before the fifteenth day of November in each year; and every public officer neglecting to render his accounts within the time limited, shall be deemed incapable of being appointed to receive or expend public moneys for the following year.
9. It shall be the duty of the Auditor General, or other officer appointed to examine aud report on Public Accounts, to have all the Public Accounts audited and corrected, and to prepare a general statement of all accounts connected with the receipt and expenditure of public moneys,classified under proper heads, and shewing the state of each account or class of accounts, with such abstracts and statements as will clearly exhibit the state of the receipts and expenditure of all public moneys for the preceding year, and a sufficient number of copies of such audit and report shall be printed, and snch printed report shall be laid before the Legislature within ten days after the opening thereof in each year.
10. The Auditor General may from time to time require any person entrusted with the expenditure of public money, to furnish detailed accounts on oath, accompanied with proper vouchers; and if the Auditor shall deem the evidence of any witness or the production of any books or papers necessary to substantiate any account, he may refuse to pass the same until such witnesses, books or papers be produced to him, and if not produced within six months such account may be disallowed.
11. The Auditor General shall have the power of a Justice to cause any witness to be brought before him, and examine such witness on oath touching such public accounts; but no person shall be compelled by such proceedings to travel more than thirty miles from his usual place of abode, or to attend without tender of his reasonable expenses, which shall be charged to the party whose accounts are audited, unless the decision of the Auditor should be reversed upon certiorari.
12. The Auditor General shall examine, and allow or disallow accounts and items therein relating to public moneys, and may charge in every account examined by him any deficiency or loss incurred by the negligence or misconduct of the person accounting, and any other sum for which such person is accountable ; and shall certify on the face of every account examined by him any money or property which may be due or coming from any person; and when such Auditor has so certified, he shall report the same to the Provincial Secretary. The person from whom any thing is so certified to be due or coming shall, within thirty days thereafter, pay or deliver the same to the Receiver General, and furnish the Auditor General with the evidence thereof; and if any such money or property be not so duly paid or delivered, the Auditor or any person duly appointed by the Governor in Council, may enforce the payment or delivery of the same; and all moneys so certified to be due by such Auditor, shall be recoverable as certified, with costs, from any person answerable therefor; and the examination of all evidence shall take place in the presence of the party whose accounts are under audit, or of his agent.
13. The Auditor, ir required by any person aggrieved by any allowance, disallowance or surcharge made by him, shall state the reasons thereof in writing on the face of the account; and every such person, if he have first paid or delivered over to any duly authorized person any money or property admitted by his account to be in his hands, may at his own cost apply for a certiorari to remove into the Supreme Court such allowance, disallowance, or surcharge, on entering into a recognizance to prosecute the same without delay, and if the same be confirmed, shall pay to the Receiver General, within one month thereafter, full costs to be taxed. A notice of the intended application, containing a statement of the matter