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counts in Ireland, fhall have audited and certified, or fhall hereafter ants for Money audit and certify any Account whatfoever of any Public Accountant, iffued to thein from Treasury, and it fhall fatisfactorily appear to the faid Commiffioners refpectively, upon fuch Examination and Proof as to them fhall feem expedient, that fuch Accountant is even and quit with the Public on fuch Account, it fhall and may be lawful for the faid Commiffioners for auditing the Public Accounts, and for the faid Commiffioners of Military Accounts, and they are hereby refpectively authorized and required, under their Signature, to acquit and difcharge, and grant a Quietus to fuch Public Accountant; and fuch Acquittance, Dif- Quietus. charge or Quietus, fhall be good, valid and effectual, to all Intents and Purposes, and shall be taken and received by any Court of Law or Equity in the United Kingdom, in bar of any Suit or Procefs against fuch Public Accountant who fhall have received the fame for any matter or thing touching the Period of Account, with refpect to which fuch Acquittal, Difcharge or Quietus fhall have been granted.

XXVIII. And, in order that all Public Accountants fhall be fully apprifed of and prepared with the neceffary Documents or Proofs to entitle them to demand and receive fuch Acquittal, Difcharge or Quietus from the faid Commiffioners for auditing the Public Accounts, or the faid Commiffioners of Military Accounts refpectively; be it enacted, That the faid Commiffioners fhall respectively, as foon after the paffing of this A&t as may be, determine upon the Nature and Form of the Documents and Proofs required to be produced to them refpectively for the Purposes aforefaid; and that the faid Commiffioners fhall, by public Advertisement under their Hands, to be inferted in the Dublin Gazette, in Three fucceeding Publications thereof, and in any other manner which they fhall think fit, notify and declare the Nature and Form of fuch Documents and Proofs to all Public Accountants under their refpective Departments; and it fhall not be lawful for the faid Commiffioners to alter or change the Nature or Form of any fuch Documents or Proofs fo required, until the Expiration of Three Calendar Months after the Nature and Form of fuch new Documents and Proofs fhall have been notified and declared by Public Advertisement in the Dublin Gazette, and otherwife in manner aforefaid.

С А Р. ХСІХ.

An Act to veft the Elgin Collection of ancient Marbles and
Sculpture in the Trustees of the British Museum for the Ufe
of the Public.
[1st July 1816.]

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Commiffioners
fhall notify the
Nature and
Form of the
be produced for
obtaining fuch
Quietus.

Documents to

WHEREAS by an Act of Parliament made, and paffed in. 26 G. 2. c. 22.

the Twenty fixth Year of the Reign of His late Majefty King George the Second, intituled An Ad for the Purchase of the Museum or Collection of Sir Hans Sloane, and of the Harleian "Collection of Manufcripts; and for providing one general Repofitory for the better Reception and more convenient Ufe of the faid Col"lections, and of the Cottonian Library, and of the Additions thereto, 'the Archbishop of Canterbury, the Lord Chancellor or Lord Keeper ' of the Great Seal of Great Britain, the Lord Treasurer of Great 'Britain, or the Firft Commiffioner of the Treasury, the Lord Pre'fident of the Council, the Lord Privy Seal, the Lord High Ad.

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miral

28 G. 2.

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miral of Great Britain, or the First Commiffioner of the Admiralty, the Lord Steward of His Majefty's Household, the Lord Chamberlain of His Majefty's Household, the Bishop of London, each of the Principal Secretaries of State being a Peer or Lord of Parliament, the Speaker of the House of Commons, each of the Prin⚫cipal Secretaries of State not being a Peer or Lord of Parliament, the Chancellor of the Exchequer, the Lord Chief Juftice of the 'Court of King's Bench, the Master of the Rolls, the Chief Juftice of His Majefty's Court of Common Pleas at Westminster, His Majefty's Attorney and Solicitor General, the Prefident of the Royal Society, and the Prefident of the College of Phyficians feverally for the time being, and certain other Persons named or "described in the faid Act, or to be appointed under the Powers ⚫ therein contained, were appointed Trustees, and incorporated by the Name of "The Truftees of the British Museum," for putting the faid A&t into Execution, with fuch Powers and under fuch Directions as are therein expreffed; and particularly it was thereby enacted, that within the Cities of London or Westminster, or the Suburbs thereof, one general Repofitory fhould be erected and provided for the Reception of the Collections and Libraries "therein mentioned, and of fuch other Collections and Libraries as 'with the like Approbation fhould be admitted into the fame ; ' which several Collections, Additions and Libraries fo received into the faid general Repofitory fhould remain and be preserved therein for Public Ufe to all Potterity: And Whereas under the • Provifions of an A&t of the Twenty eighth Year of His late Majefty King George the Second, intituled An Ad for vesting Montagu Houfe in Trustees, and their Heirs, freed and difcharged from all Eftates, Ufes and Agreements, to which it at prefent flands limited and appointed, upon Truft to convey the fame to the Trustees of the British Museum, for a general Repofitory, and upon fuch other Trufts as therein are mentioned, the Capital Meffuage or Manfion House heretofore called Montagu Houfe, fituate in Great Ruffel Street in the Parish of Saint George Bloomsbury, in the County of Middlefex, and the Outhoufes, Buildings and Gardens belonging to 'the fame, were duly conveyed and affured unto and to the Ufe of 'the Trustees of the faid Museum, by Indentures of Leafe and Releafe, bearing Date refpectively the Fourth and Fifth Days of April, in the Year One thoufand feven hundred and fifty five, and made ⚫ between the Right Honourable George Dunk Earl of Halifax and 'William Folkes Efquire (Trustees under the faid laft mentioned A&t for carrying the Trufts thereof into Execution) of the one Part, and the Trustees of the faid Museum of the other Part; and fince that time the faid Capital Meffuage or Manfion House, and, its Appurtenances, has been generally called or known by the Appellation of The British Mufeum: And Whereas the Right, • Honourable Thomas Earl of Elgin hath with great Knowledge, 6 Judgment and Care, and at a great Expence, made a most valuable Collection of ancient Marbles and Sculpture, and is willing that the fame should be poffeffed by the Public: And Whereas the faid • Earl hath agreed to fell the fame for the Sum of Thirty five thous fand Pounds, on Condition that the whole of the faid Collection, 'fhould be kept together in the British Museum, and open to Infpection, and called by the Name of "The Elgin Marbles ;"

6

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• and

Treafury to iffue

bles.

and that the faid Earl and every Person who should attain the • Rank of Earl of Elgin fhould be added to the Trustees of the Britifb Museum May it therefore please Your Majefty that it may be enacted; and be it enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the Lord High Treafurer of Great Britain, or the Lords Commiffioners of His Majefty's Trea- 35,000l. to the Trustees of the fury, or any Three or more of them, fhall and he or they is and are British Museum, hereby authorized and empowered, out of any of the Aids or Supplies to be applied in granted in this Seffion of Parliament for the Service of Great Britain the Purchase of for the Year One thoufand eight hundred and fixteen, immediately the Elgin Colafter the paffing of this Act, to iffue and advance the Sum of Thirty lection of Marfive thousand Pounds to the Truftees of the British Museum, or any Perfon to be appointed by the faid Trustees to receive the fame, which Money shall be paid without any Fee or other Deduction whatever, and shall be applied in the Purchase of the faid Collection; and that the Trustees of the British Museum shall, on or before the First Day of September One thousand eight hundred and fixteen, require the Delivery of the faid Collection; and if the fame fhall be then delivered to them, and they fhall be fatisfied that the feveral Statues and other Articles forming the faid Collection are then conformable to the Catalogue thereof delivered in to a Committee of the Houfe of Commons, they the faid Trustees fhall, on the Delivery of the fame into their Cuftody, pay the faid Sum of Thirty five thousand Pounds to the faid Thomas Earl of Elgin, his Executors, Adminiftrators and Affigns.

.

II. And be it further enacted, That on Payment of the faid Sum of Thirty five thoufand Pounds, the faid Collection shall be vested in the Trustees for the time being of the said British Museum, and their Succeffors, in perpetuity, for the Purposes of the faid Act of the Twenty fixth Year of the Reign of His late Majefty King George the Second.

On Payment of Purchase Money Collection vetted in Trustees,

III. And be it hereby further enacted, That the faid Collection to be kept in fhall be preferved and kept together in the faid British Museum whole British Museum. and entire, and distinguished by the Name or Appellation of "The

Elgin Collection."

IV. And be it enacted, That the faid Thomas Earl of Elgin during Earl of Elgin to his Life, and after his Deceafe each and every Perfon who fhall be added to fucceffively attain to the Rank and Dignity of Earl of Elgin, fhall Trustees. and may as and when they fhall refpectively be of full Age, be added to and affociated with the Trustees for the time being of the British Museum, and shall and may act in the Execution of the Truft now repofed or hereafter to be repofed in the faid Trustees, as fully and effectually as the other Trustees of the said Museum are or shall be authorized and empowered to act in the fame.

CAP. C.

An Act for more effectually fecuring the Liberty of the
Subject.
[1ft July 1816.]
WHEREAS the Writ of Habeas Corpus hath been found by

Experience to be an expeditious and effectual Method of 'reftoring any Perfon to his Liberty, who hath been unjustly deprived

thereof:

31 Car. 2. c. 2.

Irish A&t,

21 & 22 G. 3.

Judges to iffue, in Vacation,

Writs of Habeas Corpus returnable immedi ately, in cafes

other than for criminal matter, or for Debt.

Non Obedience

to fuch Writ, to be a Contempt of Court.

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thereof: And Whereas extending the Remedy of fuch Writ, and ⚫ enforcing Obedience thereunto, and preventing Delays in the Exe'cution thereof, will be advantageous to the Public: And Whereas the Provifions made by an Act paffed in England in the Thirty first Year of King Charles the Second, intituled An Ad for the better fecuring the Liberty of the Subject, and for Prevention of Imprifonment beyond the Seas, and alfo by an Act paffed in Ireland in the Twenty firft and Twenty fecond Years of His present Majefty, intituled An Ad for better fecuring the Liberty of the Subjea, only • extend to cafes of Commitment or Detainer for criminal or fuppofed 'criminal matter;' Be it therefore enacted by The King's Mot Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this present Parliament afsembled, and by the Authority of the fame, That where any Perfon fhall be confined or reftrained of his or her Liberty (otherwise than for fome criminal or fuppofed criminal matter, and except Perfons imprisoned for Debt or by Procefs in any civil Suit) within that Part of Great Britain called England, Dominion of Wales, or Town of Berwick upon Tweed, or the Ifles of Jerfey, Guernsey or Man, it shall and may be lawful for any One of the Barons of the Exchequer, of the Degree of the Coif, as well as for any One of the Juftices of One Bench or the other; and where any Perfon fhall be fo confined in Ireland, it fhall and may be lawful for any One of the Barons of the Exchequer, or of the Juftices of One Bench or the other in Ireland; and they are hereby required, upon Complaint made to them by or on the behalf of the Perfon fo confined or reftrained, if it fhall appear by Affidavit or Affirmation (in cafes where by Law an Affirmation is allowed) that there is a probable and reasonable Ground for fuch Complaint, to award in Vacation time, a Writ of Habeas Corpus ad fubjiciendum, under the Seal of fuch Court, whereof he or they fhall then be Judges or One of the Judges, to be directed to the Perfon or Perfons in whofe Cuftody or Power the Party fo confined or restrained shall be, returnable immediately before the Perfon fo awarding the fame, or before any other Judge of the Court under the Seal of which the faid Writ issued.

II. And be it further enacted by the Authority aforefaid, That if the Perfon or Perfons to whom any Writ of Habeas Corpus fhall be directed according to the Provifion of this Act, upon Service of fuch Writ, either by the actual Delivery thereof to him, her or them, or by leaving the fame at the Place where the Party shall be confined or reftrained, with any Servant or Agent of the Perfon or Perfons fo confining or reftraining, fhall wilfully neglect or refufe to make a Return or pay Obedience thereto, he, the or they fhall be deemed guilty of a Contempt of the Court, under the Seal whereof such Writ fhall have iffued; and it fhall be lawful to and for the faid Juftice or Baron, before whom fuch Writ fhall be returnable, upon Proof made by Affidavit of wilful Difobedience of the faid Writ, to iffue a Warrant under his Hand and Seal, for the apprehending and bringing before him, or before fome other Juftice or Baron of the fame Court, the Perfon or Perfons fo wilfully difobeying the faid Writ, in order to his, her or their being bound to The King's Majefty, with Two fufficient Sureties, in fuch Sum as in the Warrant fhall be expreffed, with Condition to appear in the Court of which the said Juftice or Baron is a Judge, at a Day in the enfuing Term to be mentioned in

the

the faid Warrant, to answer the matter of Contempt with which he, the or they are charged; and in cafe of Neglect or Refusal to be- Punishment. come bound as aforefaid, it fhall be lawful for fuch Justice or Baron to commit fuch Perfon or Perfons fo neglecting or refufing, to the Jail or Prison of the Court of which fuch Juftice or Baron fhall be a Judge, there to remain until he, fhe or they fhall have become bound as aforefaid, or fhall be difcharged by Order of the Court in Term time, or by Order of one of the Juftices or Barons of the Court in Vacation; and the Recognizance or Recognizances to be taken thereupon fhall be returned and filed in the fame Court, and shall continue in force until the matter of fuch Contempt fhall have been heard and determined, unless fooner ordered by the Court to be discharged: Provided, that if such Writ fhall be awarded fo late in the Judges to make Vacation by any one of the faid Juftices or Barons, that, in his Writs of Habeas Opinion, Obedience thereto cannot be conveniently paid during fuch Corpus, iffued in Vacation, the fame shall and may, at his Discretion, be made returnable in the Court of which the faid Juftice or Baron fhall be a Juftice or Baron, at a Day certain in the next Term; and the faid Court next Term. fhall and may proceed thereupon, and award Process of Contempt in cafe of Difobedience thereto, in like manner as upon Difobedience

Vacation, returnable in

Court in the

to any Writ originally awarded by the faid Court: Provided alfo, Provifo. that if fuch Writ fhall be awarded by the Court of King's Bench,

able in Vaca

tion.

or the Court of Common Pleas, or Court of Exchequer, in the faid Countries refpectively, which laft mentioned Court fhall have like Courts to make Power to award fuch Writs as the respective Courts of King's Bench Writs iffued in and Common Pleas in each of the faid Countries now have in Term, Term, returnbut fo late that, in the Judgment of the Court, Obedience thereto cannot be conveniently paid during fuch Term, the same shall and may, at the Discretion of the faid Court, be made returnable at a Day certain in the then next Vacation, before any Juftice or Baron of the Degree of the Coif, or if in Ireland, before any Juftice or Baron of the fame Court, who fhall and may proceed thereupon, in fuch manner as by this A&t is directed concerning Writs iffuing in and made returnable during the Vacation.

tained in Re

turn.

&c.

III. And be it further enacted by the Authority aforefaid, That Judges to inquire in all cafes provided for by this Act, although the Return to any into the Truth Writ of Habeas Corpus fhall be good and fufficient in Law, it fhall of Facts conbe lawful for the Juftice or Baron before whom fuch Writ may be returnable, to proceed to examine into the Truth of the Facts fet forth in fuch Return, by Affidavit or by Affirmation (in cafes where an Affirmation is allowed by Law) and to do therein as to Justice thall appertain; and if fuch Writ fhall be returned before any One Judge to bail on of the faid Juftices or Barons, and it fhall appear doubtful to him Recognizance to on fuch Examination, whether the material Facts fet forth in the appear in Term, said Return, or any of them, be true or not, in such case it shall and may be lawful for the faid Juftice or Baron to let to bail the faid Perfon fo confined or restrained, upon his or her entering into a Recognizance with One or more Suretics, or in cafe of Infancy or Coverture, or other Difability, upon Security by Recognizance, in a reasonable Sum, to appear in the Court of which the faid Juftice or Baron fhall be a Juftice or Baron, upon a Day certain in the Term following, and fo from Day to Day as the Court fhall require, and to abide fuch Order as the Court fhall make in and concerning the Premifes; and fuch Justice or Baron shall transmit into the fame Court

the

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