or any such colours as are usually worn by His Majesty's ships, or any flag, jack, pendant, or colours whatever made in imitation of or resembling those of His Majesty, or any kind of pendant whatsoever, or any ensign or colours whatever other than those prescribed by the said proclamation; and that if any person or persons shall nevertheless presume to hoist, carry, or wear in or on board any ship or vessel, fishing boat, or other vessel or boat whatever, belonging to any of His Majesty's subjects, whether the same be merchant or otherwise, His Majesty's Jack commonly called the Union Jack, or any pendant or colours such as are commonly worn by His Majesty's ships, or any jack, flag, pendant, or colours whatever made in imitation of or resembling those of His Majesty, or any kind of pendant whatever, without such warrant as aforesaid, or any other ensign or colours than the ensign or colours prescribed by the said proclamation to be worn, then and in every such case the master or other person having charge of such ship, vessel, or boat, or the owner or owners thereof being on board the same, and every other person so offending, shall for every such offence forfeit and pay a sum not exceeding 500l., to be recovered, with costs of suit, either in the High Court of Admiralty of England, or in any Vice Admiralty Court in His Majesty's colonies, or in any of His Majesty's Courts of King's Bench or Exchequer at Westminster or Dublin, at the suit of His Majesty's Attorney General, or in the Courts of Session or Exchequer in Scotland respectively; and that it shall be lawful for any officer of His Majesty's Navy or Marines belonging to any of His Majesty's ships, or any officer of the Customs or Excise, to enter on board any ship, vessel, or boat so hoisting, wearing, or carrying any jack, flag, ensign, pendant, or colours prohibited by the said proclamation and by this Act to be hoisted, worn, or carried, and to seize and take away the same, and the same shall there. upon become forfeited. XII. That this Act may be altered, amended, or repealed by any Act or Acts in the present Session. SCHEDULE to which this Act refers. County of to wit. and } BE it remembered, That on the Day of A. B., Officer of Customs, gives us that C. D., on the and provided. to understand and be informed, in the Year of our Lord One thousand eight hundred and [here state the Offence, as in the Act of Parliament,] contrary to the Form of the Statute in that Case made Form of Conviction. to wit. } BE it remembered, That on the Day of County of before us in the Year of our Lord One an Information was exbibited by A. B., Officer of Customs, Two of His Majesty's Justices of the Peace in and for against C. D., which said Information charged that the said C. D., on the Day of in the Year of our Lord One thousand eight hundred and [here state the Offence, as in the Information,] contrary to the Form of the Statute; which Offence [" has been duly proved before us the said Justices," or "the Party bas confessed himself to be guilty of," as the Case may be]: We do therefore convict the said C. D. of the said Offence, and do adjudge that the said C. D. [here insert the Adjudication of the Justices.] Given under our Hands and Seals the Day of Form of Warrant of Commitment. County of To 4. B., Officer of Customs, and to E. F., the Gaoler or Keeper of the in to wit. WHEREAS C. D. has been duly convicted before us of the Peace in and for and at Two of His Majesty's Justices of having [state the Offence, as in the Information]: And whereas we the said Justices did adjudge that the said C. D. should for his said Offence These are therefore to require you the said A. B. forthwith to take, carry, and convey the said C. D. to the and deliver him into the Custody of the Gaoler or Keeper of the said : And we the said Justices do hereby authorize and require you the said E. F., the Gaoler or Keeper to receive and take the said C. D. into your Custody, and to [insert the Punishment, according CAP. XIV. AN ACT to repeal so much of several Acts as authorizes the issuing any Sums of Money out of the Consolidated Fund for the Encouragement of the raising or dressing Hemp or Flax. By this ACT, (22nd May 1834.) After noticing that various sums had been from time to time issued under the provision of several Acts passed in the tenth, twenty-first, and twenty-sixth years respectively of the reign of His late Majesty King George the Third, for the encouragement of raising and dressing hemp and flax: And that by an Act, 27 Geo. 3. c. 13, it was enacted, that the sum of 6,3351. 15s. should at the end of each year be set apart in the receipt of His Majesty's Exchequer, out of the duties of Customs imposed by the said Act, as a fund for the encouragement of raising and dressing hemp and flax, to be applied to such uses and purposes and in such way and manner as was directed and provided by the before-mentioned Acts of the tenth, twenty-first, and twenty-sixth years respectively: And that it was expedient that no further sum or sums should be set apart or applied for such purpose in future : It is Enacted, That from and after the passing of this Act so much of the said recited Act of 27 Geo. 3. c. 13, as is herein before recited, and so much of any other Act or Acts as authorizes or directs any such payment to be made, shall be and the same are hereby repealed. CAP. XV. AN ACT to regulate the Office of the Receipt of His Majesty's Exchequer at Westminster. ABSTRACT OF THE ENACTMENTS. (22nd May 1834.) 1. Offices of Auditor, Tellers, Clerk of the Pells, and the offices subordinate thereto, abolished.—New establishment. 2. Appointment of Comptroller.-Assistant may act in certain cases. 3. Comptroller incapable of holding any other office. 4. Powers of Auditor or Clerk of Pells transferred to Comptroller. 5. Offices to be performed in person, &c. 6. Treasury to establish forms of books, accounts, warrants, instruments, &c. 7. Records, &c. relating to the Exchequer to be delivered over to the Comptroller. 8. Tellers to pay over to the Bank all monies, &c. in their hands. 9. All public monies hitherto payable into the Exchequer to be paid into the Bank. 10. Monies paid to the account of the Exchequer to form one fund in the Bank books. 11. Royal order for issuing money to the different departments of the public service. 12. Treasury warrant.-Exchequer warrant. 13. Warrants for the issues of monies charged on the Consolidated Fund, &c. muy be made without royal order. 14. Credits not to be accompanied by actual transfers. 15. Treasury to appoint officers for paying salaries, &c. 16. Beaks of Comptroller and Paymaster to be deemed of record. 17. Paymaster's account. 18. Treasury to transmit to the Bank a list of public officers required to keep accounts there.-On death of any public officer, his account with Exchequer and Bank to vest in his successor in office. 19. Fractional parts of a penny excluded from accounts. 20. Bank to transmit statements of credits and payments. 21. Bills of exchange, &c. not to be payable at the Bank after three o'clock. 22. Treasury may establish rules for keeping accounts of public departments. 23. Quarterly statements to be made by Comptroller to the Commissioners of Audit, and annual statements to Parliament. 24. Surplus revenue to be ascertained by receipts and credits at the Bank. 25. Fees on issues for the public service abolished. 26. As to the preparation of Exchequer bills. 27. Return of regulations to be made to Parliament. 28. Punishing persons guilty of forgery. 29. Compensation to two of the Tellers and to the Clerk of the Pells. 30. Compensation to Marquis Camden. 31. Treasury may grant compensation to the other officers. 32. As to officers who shall be continued in employment on the establishment. 33. Compensations, salary, &c. charged on the Consolidated Fund. VOL. XII. STAT. E 34. Powers hereby given to the Treasury may be executed by any three Commissioners. 35. Deeds, powers of attorney, &c. not to be affected. 36. Commencement of Act.-Repeal of 8 & 9 Will. 3. c. 28, 6 Geo. 2. c. 6, Part of 23 Geo. 3. c. 82, Part of 39 & 40 Geo. 3. c. 54, 46 Geo. 3. c. 1, Part of 1 & 2 Geo. 4. c. 121. 37. Act may be altered this Session. By this ACT, After noticing that by an Act, 57 Geo. 3. c. 84, it was declared, that the offices of Auditor and Tellers of His Majesty's Exchequer in England and Ireland respectively, and of Clerks of the Pells in England and Ireland respectively, were offices with respect to which it was expedient that a more economical execution of the duties thereof respectively, after the termination of the then existing interests therein, should be adopted; and that it was thereby enacted, that from time to time thereafter as such respective offices should become vacant it should be lawful for the Lord High Treasurer, or the Commissioners of the Treasury, for the time being, and they were thereby required, to regulate the duties and establishments of the offices so becoming vacant, so that the said duties should be performed in person by such fit and proper persons as the said Commissioners should deem sufficient and necessary, with such salaries or emoluments as should be ordered and appointed by the said Commissioners in that behalf, the said Commissioners laying before Parliament an account of the new establishment of the respective offices so regulated, and all the regulations above mentioned, with a statement of the number of officers and amount of salaries of each respectively, together with a statement of the former establishment of the respective offices so regulated : And that, under the powers vested in the Commissioners by the said Act, the offices of Auditor of the Exchequer and Clerk of the Pells in Ireland have been abolished, and certain other arrangements have been made in the offices of Teller of the Exchequer in Ireland and Clerk of the Pells in England: And that His Majesty was pleased by his royal sign manual warrant, bearing date the 21st of June 1830, to appoint certain Commissioners to inquire into the charges of managing and collecting the public revenue, and into the manner in which the public monies were received into, kept in, and issued from the receipt of the Exchequer, and also by sign manual, dated the 8th of July 1831, to appoint certain other Commissioners to inquire and examine into the practice of the Exchequer with respect to the receipt and payment of the public money, and the mode of keeping the accounts thereof: And that by a report of the said last-mentioned Commissioners made thereupon to the Commissioners of the Treasury, bearing date the 8th of October following, various arrangements, alterations, and improvements in the constitution of the Court of the Receipt of the Exchequer, and in the practice and mode of keeping the accounts thereof, have been proposed to be adopted: And that it is expedient to carry into effect certain of the regulations proposed in the said report, and to that end to remodel the constitution of the Exchequer at Westminster, and to effect the improvements intended, notwithstanding the existing interests in the several offices of the Exchequer which have not as yet been determined : It is Enacted, 1. That from and after the commencement of this Act, as hereinafter mentioned, the several offices following in the Exchequer at Westminster (that is to say,) the offices of Auditor, and of each of the four Tellers of the Exchequer, and of the Clerk of the Pells, and the several offices subordinate thereto, be and the same are hereby abolished, and to that end that the several patents, warrants, and authorities under which the same have been and are respectively held shall cease, determine, and become absolutely null and void; and that in lieu of the said several offices the constitution and establishment of the Exchequer shall consist of the following officers; (that is to say,) a Comptroller General to be designated Comptroller General of the Receipt and Issue of His Majesty's Exchequer, with an annual salary of 2,0001; an Assistant Comptroller, a Chief Clerk, and such number of clerks and assistants, with such salaries, as shall be established and regulated from time to time by the Commissioners of the Treasury. 11. That the office of the said Comptroller shall be granted by letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland, to continue in force during good behaviour, subject however, to his removal therefrom by His Majesty, his heirs and successors, on the address of the two Houses of Parliament; subject also to the abolition or regulation of his office at any future time by the authority of Parliament; and that the duties, powers, and authorities by this Act imposed on or vested in the Comptroller shall and may, in the event of the illness or of the occasional and necessary absence of the said Comptroller from his office, be executed by such assistant. III. Provided always, That the said Comptroller shall not be capable of holding his office at the same time or together with any other office to be held during pleasure under the Crown, or under any officer appointed by the Crown. IV. That all the powers and authorities now vested in the Auditor of the Exchequer or Clerk of the Pells, either by law or usage, shall, from and after the commencement of this Act, be transferred to and vested in the said Comptroller, subject to the provisions of this Act, except only so far as any of such powers or authorities are or shall be by this Act controlled, diminished, or varied. v. That the said Comptroller, Assistant Comptroller, chief and other clerks shall execute the duties of their respective offices in person; and that the office of the Exchequer shall be kept open for public business, and attendance shall be given thereat by the said officers and clerks, throughout the year, on all such days and during the usual hours in which the office of the Treasury has been accustomed to or shall be kept open. VI. That it shall be lawful for the Commissioners of the Treasury for the time being from time to time, by such orders and regulations as they shall see necessary for the safety, economy, and advantage of the public service, to establish and direct what books, accounts, and vouchers shall be kept and used in the said office of Exchequer, and the forms thereof, as well as the forms of all warrants, specifications, instruments, and other documents which for the better carrying into effect the purposes of this Act it shall be necessary to make use of in either of the said offices of the Treasury and Exchequer, or in any other public office whatsoever; and likewise in what manner the applications made to the Treasury for credits for the services of the respective departments of expenditure shall be examined, approved, and recorded; and also in what books and in what manner the several instruments required or authorized by this Act shall be entered, recorded, and acted upon; and the form of returns to be made by the said Comptroller to the Commissioners of the Treasury, and the periods for making the same. VII. That on the 11th of October 1834 all books, records, deeds, papers, documents, and vouchers whatsoever relating to the office of the Receipt of the Exchequer, and all the standard weights and measures, and standard pieces of gold, silver, and copper, and all other articles of public property, (except monies and securities for money, and such documents as are by this Act directed to be delivered over to the Commissioners of the Treasury,) which shall then be in the custody, power, or control of the Auditor, Tellers, or Clerk of the Pells of the Exchequer at Westminster, or of any of their officers or clerks, shall be delivered into the custody of the said Comptroller, who shall thereupon take charge of the same, and by whom, or whose assistant, and by the officers subordinate to him, all such acts, matters, and things relating to the said standard weights and measures, and standard pieces of gold, silver, and copper, as have heretofore been or ought to be performed by any of the officers of the Exchequer, shall from thenceforth be performed and executed. VIII. That on the said 11th of October, and between the hours of ten in the forenoon and four in the afternoon, all monies, whether out cash or otherwise, and all bills, notes, and securities for money, belonging to the Crown, in the chests or in the keeping or at the disposal of the Tellers of the Exchequer, or of any of the officers under them, or with which they or any of them shall be charged or chargeable, shall be paid into the Bank of England to the credit of the Exchequer, and that an account shall be thereupon opened by the Governor and Company of the said Bank, to be called "The Account of His Majesty's Exchequer"; and that each of the said Tellers and other officers of the Exchequer who shall make any such payment into the said Bank shall at the same time deliver a specification or statement in writing in duplicate, signed by himself with his own name, distinguishing the particulars of such payment and shewing the total amount thereof, to the cashier of the Bank or other officer to be appointed in that behalf, who shall enter the same in a book to be kept for that purpose, and sign a memorandum thereon of such entry having been so made, and shall transmit one of such duplicates to the Comptroller of the Exchequer, and also a certified copy thereof to the Commissioners of the Treasury; and the other of such duplicates, vouched and signed by the said cashier or other officer as aforesaid, shall be returned by him to the person making the payment, who shall deposit the same with the said Comptroller of the Exchequer, by whom an acquittance shall be made out, signed, and delivered to the party making the payment, which shall be to such party a legal and sufficient discharge with the auditors of the public accounts and all other persons whomsoever: Provided always, that the party making the payment shall at the same time transmit to the Comptroller and also to the Commissioners of the Treasury a statement of the particulars of such payments, shewing the sources from which the money so paid shall have been derived, and the services to which the same were applicable; and provided also, that such monies, whether out cash or otherwise, so to be paid over by the said Tellers, shall remain chargeable and appropriated to the services to which any such monies are now specifically applicable; and that it shall be lawful for the Commissioners of the Treasury to give authority to the Comptroller of the Exchequer to apply the same accordingly. IX. That upon and from and after the said 11th of October all public monies which previous to the commencement of this Act shall have been payable into the Exchequer at Westminster shall be paid into the Bank of England to the credit of the Exchequer; and that the party paying in any such money, or on whose account the same shall be paid, shall in like manner therewith deliver a specification or statement of the particulars thereof in writing in duplicate under his hand, to be previously countersigned by the Comptroller or his assistant, to the cashier or officer of the Bank receiving the payment, to be by him entered in manner already provided; and one of the said duplicates, having been vouched and signed by the said cashier or officer as aforesaid, shall be returned to the party making the payment, in order to his thereupon obtaining from the Comptroller an acquittance in the manner hereinbefore directed with respect to payments made by the Tellers; and at the close of each day on which any payment shall be made into the Bank on account of the Exchequer there shall be transmitted from thence by the cashier or other officer of that establishment the other of the said duplicate specifications (with the entry thereof marked on each) to the said Comptroller, together with a statement of the particulars of all sums paid into the Bank on that day; and a copy of such statement, certified by the cashier or other proper officer, shall at the same time be transmitted from the Bank to the Commissioners of the Treasury. x. That all monies paid into the Bank of England on account of the Exchequer shall be treated by the Governor and Company of the said Bank as forming one fund in their books; and that all warrants or orders to be made by the Comptroller of the Exchequer for credits to the various officers to whom money is to be issued for the public service shall be satisfied out of such general fund: Provided always, that in the accounts to be kept by the Comptroller of the Exchequer and by the Commissioners of the Treasury, the receipts, credits, and issues shall be placed to the several and respective accounts to which they shall severally and respectively belong, according to the enactments of the Act or Acts under the authority of which the monies are received and the credits and issues directed; and provided also, that, in directing the transfer of any credits from the general account of the Exchequer at the Bank of England, all the provisions of the several statutes now in force whereby the appropriation of the Consolidated Fund is authorized and directed shall be strictly observed and followed. XI. That from and after the commencement of this Act, whenever any sum or sums shall have been granted to His Majesty by any Act of Parliament or vote of the House of Commons for any specified branch of the public service, and ways and means shall likewise have been granted for satisfying and making good the same, it shall be lawful for His Majesty, by his royal order under the royal sign manual, to be countersigned by the Commissioners of the Treasury, to authorize and require the said Comptroller to place at the Bank of England, to the credit of the public accountant to the Crown in the respective branch of service, the amount of the sum so granted or voted, at such times and in such proportions as the said Commissioners shall from time to time direct, to be applied by such officer to such service; and that such royal order shall contain a reference to the particular Act or vote of Parliament, and shall, after having been recorded and entered by the Commissioners of the Treasury in their books, be transmitted to the said Comptroller to be entered on record, and to remain in his office, the said Comptroller having first satisfied himself that the said order has been made in conformity with and has not exceeded the amount of the grant of Parliament. XII. That it shall be lawful for the Commissioners of the Treasury, by warrant under their hands, from time to time as they shall see expedient and proper, to authorize and require the said Comptroller to transfer from the general fund of the Exchequer at the Bank to the credit of the respective officers whose duty it shall be to make payments on account of the several public departments such sums as shall be requisite for carrying on the respective services; and every such warrant shall recite the substance of the royal order upon which it is founded, referring to the Act or vote therein mentioned, and shall specify the total amount of the monies authorized by such order to be issued, and the credits (if any) which have previously been issued on account thereof, and of the balance still remaining to be issued; and upon the receipt of every such warrant at the office of the said Comptroller the same shall be compared with the royal order, and with the preceding warrants (if any) which shall have been made in pursuance thereof; and the said Comptroller, having satisfied himself that such warrant has been made in conformity with and has not exceeded in amount the royal order, shall from time to time, (in pursuance of directions to that effect from the Commissioners of the Treasury,) by a warrant under his hand, authorize the Governor and Company of the Bank of England to grant credits on account of the sum or sums therein mentioned to the person or persons therein described, which warrant shall be forwarded to the said Governor and Company, who, on the receipt thereof, shall grant the credit thereby required. XIII. That in all cases of grants by Parliament, charged on the Consolidated Fund of the United Kingdom, or upon any public monies specially appropriated by any Act or Acts of Parliament to or for any particular objects or services, and in all cases where by any Act or Acts or any other lawful authority the Auditor of the Exchequer is now required to make and pass debentures for the payment of any such charge or charges, it shall be lawful for the said Commissioners of the Treasury and they are hereby required, by warrant under their hands, without any such royal order as aforesaid, from time to time to authorize and require the said Comptroller to accredit the several persons whose duty it may be to pay such charges with the sums requisite for that purpose; and every such last-mentioned warrant shall contain a reference to the Act or Acts of Parliament by which such sums shall be charged on the said fund or on such other public monies so specifically appropriated; and the said Comptroller, on the receipt of the said warrant, having first satisfied himself that the payments therein directed are duly authorized by law, shall from time to time, in pursuance of directions to that effect from the Commissioners of the Treasury, by warrant in writing authorize and direct the Governor and Company of the Bank of England to grant credits on account of the sum or sums mentioned in the Treasury warrant to the officer or person whose duty it shall be to make the payment; and the said Governor and Company, on the receipt of such warrant of the Comptroller, shall grant the credit thereby directed. XIV. That in cases in which any credit shall be granted to any person by the said Governor and Company, in pursuance of this Act, no sum shall be transferred from the account of the Exchequer until the same shall be actually paid by the Bank to or on account of the person to whom such credit shall be granted: Provided always, that nothing in this Act contained shall be construed to alter or affect the regulations now in force by virtue of any Act or Acts relating to the payment of the dividends on account of the public debt. And after noticing the expediency of providing for the payment of salaries, allowances, and other charges hitherto payable in detail at the Exchequer : It is Enacted, xv. That from and after the commencement of this Act all salaries, allowances, incidents, and other charges now payable in detail at the Exchequer, under the authority of Parliament, or under royal sign manual, or under the authority of the Commissioners of the Treasury duly authorized by law to order such payments, shall be paid by a paymaster or officer to be for that purpose appointed by the Commissioners of the Treasury, with such number of clerks and assistants as the said Commissioners shall deem requisite for carrying on and fully executing the several duties connected with or incident to such payments, which duties shall be performed by the said paymaster and his assistants under such regulations as the said Commissioners shall from time to time establish; and that so soon as such appointment shall have taken place all papers and documents relating to such payments and duties which shall appear to the Commissioners of the Treasury to be necessary for the proper discharge of the duties of the said paymaster, and which shall then be in the custody or power of any of the officers of the Exchequer, shall be by them delivered over to and remain in the custody of the said Commissioners of the Treasury. XVI. That the several books to be kept in the office of the Comptroller General of the Exchequer, and in the office of the paymaster to be appointed under the authority of this Act, shall be deemed books of record, and shall be received as such, in all courts of law and equity and elsewhere, in evidence of the entries therein respectively contained, and of the debts thereby respectively charged against the several and respective accountants to the Crown. XVII. That the said paymaster's account shall be kept at the Bank of England, and be deemed for all purposes a public account. XVIII. That the Commissioners of the Treasury shall, previously to the period fixed for the commencement of this Act, and from time to time afterwards as they may think proper, transmit to the Bank of England and to the Comptroller of the Exchequer a list of the several public officers or individuals who are required to keep public accounts at the Bank of England; and that upon the death, resignation, or removal of any such public officers or individuals, the balance of their credits on the Exchequer Funds, and also the balance of cash on their public accounts, in the books of the Bank, shall, upon the appointment of their successors, unless otherwise provided for by law, vest in and be transferred to the account of such successors, and shall not in the case of the death of any such individual constitute assets of the deceased, or be in any manner subject to the control of his personal representative. XIX. That in all payments to be made and accounts to be kept under this Act the fractional parts of 1d. shall be excluded therefrom. xx. That the Governor and Company of the Bank of England shall and they are hereby required to transmit from day to day to the said Comptroller an account of the several payments actually made by them in the course of the preceding day on |