Metropolis Management Act 1855

LXV Officers, &c. intrusted with Money to give Security for duly accounting for the same. If Officer fail to render Account, &c. Justices may commit Offender to Prison. Power to levy by Distress.

Before any Officer or Servant as aforesaid enters upon any Office or Employment under this Act, by reason whereof he will or may be intrusted with the Custody or Control of Money, the Board or Vestry shall require and take from him such Security for the faithful Execution of such Office or Employment, and for duly accounting for all Monies which may be intrusted to him by reason thereof, as they may think sufficient; and every such Officer and Servant, as well during his Continuance in Office or Employment as upon his Resignation, Dismissal, or ceasing to hold his Office or Employment, shall respectively, when and in such Manner as shall be required by the Board or Vestry, make out and deliver a true and perfect Account, in Writing signed by him, of all Monies received by him for the Purposes of this Act, and stating how, and to whom, and for what Purpose such Monies have been disposed of, and shall together with such Account deliver the Vouchers or Receipts for all Payments made by him, and pay over to the Treasurer or such Person as the Board or Vestry may appoint all Monies owing by him ; and if any such Officer or Servant fail to render such Account, or to produce and deliver up such of the said Vouchers and Receipts as may be in his Possession or Power, or to pay over any such Monies as aforesaid, or if, for the Space of Five Days after being thereunto required, he fail to deliver up to the Board or Vestry, or to such Person as they may appoint, all Books, Papers, Writings, Property, Effects, Matters, and Things in his Possession or Power belonging to the Board or Vestry, then and in every such Case a Justice shall, on Complaint being made to him in that Behalf, summon the Party charged to appear and answer the Complaint before Two Justices, at a Time and Place to be specified in the Summons ; and upon the Appearance of the Party charged, or upon Proof that the Summons was personally served upon him or left at his last known Place of Abode in England, and if it appear to the last-mentioned Justices that he has failed to render any such Account, or to produce and deliver up any such Vouchers or Receipts, or any such Books, Papers, Writings, Property, Effects, Matters, or Things as aforesaid, and that he still fails or refuses so to do, it shall be lawful for them, by Warrant under their Hands and Seals, to commit the Offender to Gaol, there to remain, without Bail, until he shall have rendered such Account, and produced and delivered up all such Vouchers, Receipts, Books, Papers, Writings, Property, Effects, Matters, and Things in respect of which the Charge was made ; and if it appears that the Party charged has failed to pay over any such Monies as aforesaid, and that he still fails or refuses so to do, it shall be lawful for the last-mentioned Justices, by a like Warrant, to cause the same to be levied by Distress and Sale of his Goods and Chattels, and in default of any sufficient Distress to commit him to Gaol, there to remain, without Bail, for a Period not exceeding Three Months, unless such Monies be sooner paid: Provided always, that if the Complainant, by Deposition on Oath, show to the Satisfaction of any Justice that there is probable Cause for believing that the Party charged intends to abscond, it shall be lawful for such Justice, without previous Summons, by Warrant under his Hand and Seal to cause him to be forthwith apprehended; and in such Case the said Party shall, within Twenty-four Hours after Apprehension, be brought before the same or some other Justice, who may order that he be discharged from Custody, if such Justice think that there is no sufficient Ground for Detention, or that he be further detained until he be brought before Two Justices at a Time and Place to be named in the Order, unless Bail to the Satisfaction of the Justice be given for the Appearance of the Party before such Two Justices : Provided also, that no such Proceeding shall be construed to relieve or discharge any Surety of the Offender from any Liability whatsoever.