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27 1939

PUBLIC ASSISTANCE ACT, 1939

PART IV.

Finance.

Provision of money for certain public assistance authorities.

53. —(1) Where a public assistance district consists of a county borough and a county or part of a county, the money required to meet the expenses of the public assistance authority for such public assistance district shall be supplied to such authority by the corporation of such county borough and the council of such county rateably in proportion to the totals of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts of the rateable property in the respective portions of such public assistance district situate in such county borough and such county respectively.

(2) The money required to meet the expenses of the public assistance authority of a public assistance district the whole of which is situate in the County of Dublin shall be supplied to such public assistance authority by the council of that county.

(3) All moneys required by this section to be supplied by the council of a county or the corporation of a county borough to a public assistance authority shall be so supplied on demand made by such authority in the prescribed form and manner and at the prescribed time.

Raising of moneys for certain public assistance authorities.

54. —(1) Where a public assistance district is situate wholly within one county, the expenses incurred by the public assistance authority for such public assistance district shall be raised by the council of such county by means of the poor rate equally over the whole of such public assistance district.

(2) Where a public assistance district consists of a county borough and a county or part of a county, all moneys required by this Part of this Act to be supplied by the council of such county to the public assistance authority for such public assistance district shall be raised by such council by means of the poor rate equally over the whole of such county or part of a county (as the case may be).

(3) All moneys required by this Part of this Act to be raised by the corporation of the county borough of Cork shall be raised by means of the poor rate.

Receipt of money by public assistance authorities.

55. —(1) All moneys payable to a public assistance authority shall be paid to and received by the treasurer of such authority and shall be carried by such treasurer to the credit of such authority.

(2) Only the receipt of the treasurer of a public assistance authority shall be a good discharge to a person paying money to such authority, save that the receipt of an officer of such authority duly authorised by such authority or by a regulation made under this Act to receive payments of a particular class shall be a good discharge to a person making a payment of that class to such officer.

(3) Whenever an officer of a public assistance authority receives for such authority any money which he is authorised by such authority or by a regulation made under this Act so to receive, it shall be the duty of such officer forthwith to pay such money to the treasurer of such authority.

Payments by public assistance authorities.

56. —(1) All moneys payable by a public assistance authority shall be paid by the treasurer of such authority out of the funds of such authority.

(2) The treasurer of a public assistance authority shall not make any payment out of the funds of such authority except either—

(a) in pursuance of an order of a competent court, or

(b) in pursuance of an order of such authority duly signed (except where such authority is the corporation of a county borough) by three members of such authority present at the meeting at which such order was made and countersigned by the secretary of such authority.

Limitation on borrowing.

57. —No sum of money borrowed by a public assistance authority shall be of an amount which itself exceeds or which makes the total debt of such authority exceed one-fourth of the total amount of the valuations appearing in the valuation lists for the time being in force under the Valuation Acts of the rateable property in the public assistance district of such authority.

Transfer of certain debts and liabilities.

58. —(1) This section applies to every debt or liability (other than the liability for the payment of any superannuation allowance or gratuity) of a board of guardians or the committee of a county infirmary or fever hospital the liability for the payment of which was, on the abolition of such board or committee by a county scheme, transferred by or under the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), to the council of a county or a county borough and was not paid or discharged by such council before the commencement of this Act.

(2) The Minister may by order, if he so thinks proper, transfer, as from the commencement of this Act or any later date, the liability for the payment of any debt or liability to which this section applies to such public assistance authority or to such two or more public assistance authorities as he shall think fit and, where such transfer is so made to two or more such authorities, in such proportions as he shall think proper and shall specify in such order.

(3) Whenever the liability for the payment of a debt or liability or of a proportion of a debt or liability is transferred under this section to a public assistance authority, such debt or liability or such proportion thereof shall be paid and discharged by such authority as part of its expenses under this Act.

Saving for liability of councils in respect of superannuation.

59. —Nothing in this Act shall apply to or affect the liability of the council of a county or of the corporation of a county borough under any Act which ceases by virtue of this Act to have effect in the area of application of this Act for the payment or for the making of a contribution towards the payment of any superannuation allowance.

Accounts and audits.

60. —Section 12 and sections 14, 15, 17 and 18 of the Local Government (Ireland) Act, 1871, sub-section (2) of section 63 of the Local Government (Ireland) Act, 1898, sections 19 to 22 of the Local Government (Ireland) Act, 1902, and paragraph (3) of Article 19 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply to the audit of the accounts of the receipts and payments of a public assistance authority and to the auditor appointed to audit such accounts.