Charitable Loan Societies (Ireland) Act 1843

JurisdictionIreland
Citation1843 c. 91
Year1843
Anno Regni VICTORI, Britanniarum Regin,Sexto & Septimo. An Act to consolidate and amend the Laws for the Regulation of Charitable Loan Societies inIreland .

(6 & 7 Vict.) C A P. XCI.

[24th August 1843]

WHEREAS it is expedient to consolidate and amend the Laws relating to Loan Societies inIreland: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act the several Acts herein-after mentioned shall be and the same are hereby repealed, save as herein-after otherwise provided; (that is to say,) an Act passed in the Fourth Year of the Reign of His Majesty KingGeorge the Fourth, intituled Ireland; an Act passed in the Tenth Year of the same Reign, intituled Ireland;an Act passed in the Session of Parliament held in the Sixth and Seventh Years of the Reign of His late Majesty KingWilliam the Fourth, intituled Ireland; and an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty QueenVictoria , intituled Ireland: Provided always, that nothing in this Act contained shall extend to repeal any of the said recited Acts, so far as they or any of them repeal any former Act or Acts, or so far as respects any Act, Matter, or Thing heretofore done under or by virtue of the said recited Acts; and provided further, that as respects all Societies heretofore established and duly certified under the Authority of the said Acts or any of them, so many and such Parts of the said recited Acts as were in force immediately before the passing of this Act shall remain in full Force and Effect until the Thirty-first Day of December next after the passing of this Act, unless the Rules of such Societies respectively shall be certified under this Act previously.

S-II Loan Fund Board established for the Superintendence of all Loan Societies and Charitable Pawn Offices in Ireland.

II Loan Fund Board established for the Superintendence of all Loan Societies and Charitable Pawn Offices in Ireland.

II. And be it enacted, That for the general Control and Superintendence of all Charitable Loan Societies and Charitable Pawn or Deposit Offices established or to be established inIreland under the Authority of the said recited Acts or this Act, there shall be a Board in Dublin , to be denominated ‘The Loan Fund Board,’ which Board shall consist of such Persons as at present constitute the Loan Fund Board established under the Authority of the said recited Act of the Sixth and Seventh Years of His late Majesty King William the Fourth, and of such other Person as shall from Time to Time be appointed a Member of the said Board by the Lord Lieutenant of Ireland; and at any Meeting of the said Board, duly convened, Three Members shall be competent to do and execute all Acts which the said Board are hereby enabled to do and execute.

S-III Lord Lieutenant may remove Members, and appoint and remove Secretary, &c.

III Lord Lieutenant may remove Members, and appoint and remove Secretary, &c.

III. And be it enacted, That it shall and may be lawful for the said Lord Lieutenant ofIreland , at his Will and Pleasure, to remove from the said Board any Member thereof; and it shall and may be lawful for the said Lord Lieutenant from Time to Time to appoint a Secretary, Inspector, and such other Clerk, Officer, or Servant as shall be necessary for the Business of the said Board, and to remove such Secretary, Inspector, or other Clerk, Officer, or Servant, as he shall think fit.

S-IV The said Board empowered to superintend all Loan Societies, &c. in Ireland.

IV The said Board empowered to superintend all Loan Societies, &c. in Ireland.

IV. And be it enacted, That the said Loan Fund Board shall have Power to inquire into the Proceedings of all Loan Societies and Charitable Pawn or Deposit Offices, established or to be established inIreland under the Authority of the said recited Acts or this Act, in order to ascertain whether their Rules have been duly certified and enrolled, and have been and are duly observed and attended to, and whether their Funds are applied to the Purposes for which the same are intended; and may pay to their Secretary, and to any Inspector or other Officers, Clerks, or Servants appointed as aforesaid, such Salaries or other Remuneration or retiring Allowance as the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland , or any Three or more of them, may from Time to Time direct, and also pay such further Sum or Sums as may be necessary to defray the incidental Expences which shall be incurred in carrying into execution the Purposes of this Act: Provided always, that such Expenditure for incidental Expences shall not in the whole in any One Year exceed such Sum as the Commissioners of Her Majesty's Treasury, or any Three or more of them, shall from Time to Time in that Behalf limit and direct.

S-V Funds appropriated to the Use of the Loan Fund Board to be paid into the Bank of Ireland, to the Credit of Loan Fund Board.

V Funds appropriated to the Use of the Loan Fund Board to be paid into the Bank of Ireland, to the Credit of Loan Fund Board.

V. And be it enacted, That all Sums of Money payable to the said Loan Fund Board under this Act, or which may at any Time or Times hereafter be appropriated to the Use of the said Loan Fund Board, either by public Grant or private Donations or Bequest, or otherwise, shall be paid into the Hands of the Governor and Company of the Bank ofIreland , and shall be placed to an Account in the Books of the said Governor and Company, to be intituled ‘The Loan Fund Board Account;’ and the Receipt of the Cashier of the said Bank for any Sum or Sums of Money paid into the same, and which the said Cashier is hereby required to give, shall be a sufficient Acquittance and Discharge to the Person or Persons by whom the same shall have been so paid.

S-VI No Part of the Funds to be paid out, except upon Drafts signed by Three Members of the Board, &c.

VI No Part of the Funds to be paid out, except upon Drafts signed by Three Members of the Board, &c.

VI. And be it enacted, That no Monies shall be paid out of the Funds accruing in the said Account to the Credit of the said Loan Fund Board, except upon Drafts signed by at least Three Members, and countersigned by the Secretary of the said Board for the Time being, and in each of which Drafts shall be specified the Purpose to which the Sum for which the same has been drawn is intended to be applied; and no such Draft shall be signed or countersigned as aforesaid except at the first Meeting held in each Month by the said Board, or at some other Meeting, of which at least Fourteen Days Notice in Writing shall be given to each Member of the Board, in which Notice the Object of such Meeting shall be specially stated.

S-VII Board to transmit an annual Report to Parliament.

VII Board to transmit an annual Report to Parliament.

VII. And be it enacted, That the said Loan Fund Board shall, on or before the Thirty-first Day ofMarch in every Year, cause a Report of their own Proceedings, and also of the Proceedings of the several Loan Societies under their Control and Superintendence, during the Year ending on the Thirty-first Day of December then next preceding, to be prepared, which Report shall contain an Account of all Monies and Funds which shall have come to the Hands or been placed to the Credit of the said Board, either from public or private Sources, during the Year to which such Report shall relate, and shall specify the particular Sources of Revenue from which such Monies and Funds shall have arisen, and an Account of all and every the Monies expended or lent by the said Board during the said Year, and for what Purposes, and upon what Account respectively, and showing the Balance then standing to the Credit of the said Board, and the Amount of Loans from the said Board outstanding; and such annual Report shall be signed by at least Five Members present at such Board and countersigned by the Secretary, and be laid before both Houses of Parliament within One Month after the same shall have been prepared, if Parliament shall be then sitting, or within One Month after the Commencement of the then next Session.

S-VIII Board to sue and be sued in the Name of their Secretary.

VIII Board to sue and be sued in the Name of their Secretary.

VIII. And be it enacted, That all Actions, Suits, and Proceedings whatsoever at Law or in Equity touching or concerning any Loan, Contract, or Agreement, or other Matter or Thing, to be made, done, or entered into by or with the said Loan Fund Board, or which the said Loan Fund Board is by this Act authorized to institute, or by or with the Secretary thereof, in his Capacity as such Secretary, shall and may be instituted, carried on, and defended in the Name of the Secretary of the said Board for the Time being, for or on behalf of the said Board; and all such Actions, Suits, and Proceedings in any Court of Law or Equity, in the Name of such Secretary, shall be as good and effectual to all Intents and Purposes as if such Actions, Suits, and Proceedings had been commenced, prosecuted, carried on, or defended in the Name of the said Board, or any Member or all the Members of the same; and in case such Secretary shall happen to die, or be removed from his Office, whilst any such Action, Suit, or Proceeding shall be depending, then and in such Case such Action, Suit, or Proceeding shall not abate by the Death or Removal of such Secretary, but shall be carried on or defended in the Name of the succeeding Secretary, and shall stand to all Intents and Purposes in the same State and Condition as it was immediately before the Death or Removal of such former Secretary; and it shall and may be lawful for the Secretary of the said Board for the Time being to sue and...

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