1800: 41 George 3 (G.B.) c.22: An Act to authorize his Majesty to appoint Commissioners for the more effectual Examination of Accounts of Publick Expenditure for His Majesty’s Forces in the West Indies during the present War.

[31st December 1800.]

‘WHEREAS it is expedient that Provision should be made for the speedy and effectual Examination on the Spot of the Accounts of the several Commissaries and other Persons in Publick Employments, who have been or who may be entrusted with the Expenditure of the Publick Money during the present War, in any of the Islands in the West Indies, or with any of his Majesty’s Forces serving out of this Kingdom; for the Information of the Commissioners for auditing the Publick Accounts, and for the better enabling of the said Commissioners to investigate such Accounts;’ be it therefore enacted by the King’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,

[His Majesty may appoint five Commissioners for examining the Accounts of Commissaries and others employed in the West Indies and on Foreign Service, and making Reports thereon to the Commissioners for auditing Publick Accounts.]

That, from and after the passing of this Act, it shall be lawful for his Majesty to nominate and appoint, by Commission under the Great Seal of Great Britain, such and such Number of Persons, not exceeding five, to be Commissioners for examining and investigating the Publick Accounts, of all the Commissaries and other Persons who have been or who may be concerned in the Expenditure of Publick Monies during the present War, in any of the Islands in the West Indies, or who have been or may be employed with any of his Majesty’s Forces, on any Foreign Service or Station, and making Reports thereon, to the Commissioners for auditing the Publick Accounts:

[The Governor, &c. of the Place, shall always be one.]

Provided always, That the Governor, or in the Absence of the Governor, the Lieutenant Governor, or Person acting as Governor, and the Commander in Chief of his Majesty’s Forces for the Time being, if any such there be in the Island or Place where any Investigation under the Authority of this Act shall take place, and where such Commissioners shall for the Time being act in the Execution of their Offices, shall be of the Number of such Commissioners.

[The Treasury may appoint Officers and Clerks to assist the Commissioners, and allow them Salaries.]

II. And be it further enacted, That the Lord High Treasurer, or the Commissioners of the Treasury, or any three of them, for the Time being, shall be, and he or they are hereby authorised to appoint such Officers and Clerks and other Persons, to aid and assist such Commissioners as aforesaid, in the Execution of their Offices, as shall appear to them to be necessary from Time to Time, with such Salaries to each as they shall judge proper, and to allow such reasonable Sums as to them shall seem fit, from Time to Time for incidental Charges to be incurred therein; and such Officers, Clerks, and other Persons, shall not in any Case whatever, be entitled to, or take, or receive, any Fees, Gratuities, or Perquisites whatever.

[Commissioners may call before them all Persons concerned in the expenditure of Publick Monies, or in furnishing Stores, &c.]

III. And be it further enacted, That the said Commissioners, or any two of them, shall be, and they are hereby authorised and required to call before them by Precepts, under the Hands of any two or more of such Commissioners, all Persons who shall in any Case have been concerned in the Expenditure of any Publick Money, or who shall have been in any way concerned in the supplying or furnishing any Money, Bills, Provisions, Stores, or other Articles for the Publick Service, or any Person who in their Judgment may be likely to give useful Information on the Subject of any Enquiry which may be depending in any such island or Place aforesaid, or in negotiating Bills, and the Agents, Clerks, and Servants of any such Persons aforesaid, to attend upon them personally from Time to Time, as they shall be required, and to exhibit to them the said Commissioners, or any two or more of them, all such Accounts, Books, Certificates, Warrants, Muniments, Receipts, Bills of Exchange, Notes, or other Papers whatever, in the Possession of any such Person or Persons, or of any other Person or Persons for him, her, or them, which to such Commissioners, or any two or more of them, shall appear to be necessary for the Purpose of their Examination of any Expenditure of any Publick Monies, or for the investigation of any Publick Accounts, or of the Rate of Exchange, at which Bills have been or may be drawn, or for the due Execution of any of the Duties imposed upon any such Commissioners aforesaid.

[Persons refusing to appear, or to produce Accounts, or answer Questions, may be proceeded against in Manner herein directed.]

IV. And be it further enacted, That if any Person or Persons summoned to appear before such Commissioners, or any two of them, shall neglect or refuse to appear before such Commissioners as aforesaid, or any two of them, or to bring or produce any Accounts, Books, Certificates, Warrants, Muniments, Receipts, Bills of Exchange, Notes, or other Papers whatever, that shall be in his, her, or their Possession or Custody, or in the Custody or Possession of any other Person or Persons for him, her, or them, or shall refuse to answer to such Commissioners, or any two of them, any Question on Oath or Affirmation, touching or concerning any Matter or Thing relating to any such Accounts, Books, Certificates, Warrants, Muniments, Receipts, Bills of Exchange, or other Papers, or shall refuse to answer any Question on Oath or Affirmation, relating to any Matter or Thing in any wise respecting the Expenditure of the Publick Money inquired of by the said Commissioners, or any two of them, or in the Execution of their Office under this Act, then and in every such Case it shall be lawful for the said Commissioners to make or cause to be made summary Application to any Court or Courts of Justice in any such Island or Place aforesaid, in that Behalf, if any such Court shall be then fitting, or if no such Court shall be then fitting, then such Application shall be made to the Chief Justice or other Judge of any such Court, and every such Court or Chief Justice or Judge respectively, is hereby authorised and strictly required, on such Application so made as aforesaid, to issue such special Process against the Person or Persons who shall have been guilty of such Default as aforesaid, as such Court or Chief Justice or Judge may deem necessary, to compel the Appearance before such Commissioners of any such Person or Persons, or the Production of any such Accounts, Books, Certificates, Warrants, Muniments, Receipts, Bills of Exchange, or other Papers as aforesaid, or to compel such Person or Persons to answer any such Question or Questions as aforesaid; and such Commissioners may thereupon proceed upon such special Process by Imprisonment of the Body of any such Person as aforesaid, in like Manner as any Court or Courts of Record within this Kingdom, having competent Authority for that Purpose, may proceed against any Person or Persons, for any Contempt committed against the Authority, of any such Court.

[Commissioners may take Examinations on Oath.]

V. And, for the rendering more effectual all such Examinations as are intended to be had under this Act, be it enacted, That it shall and may be lawful for any such Commissioners as aforesaid, or any two of them, and they are hereby respectively authorised and required to examine upon Oath, (which Oath they, or any two or more of such Commissioners, are hereby authorised to administer,) all Persons whom they shall find Occasion to call before them, and all other Persons whom the said Commissioners, or any two or more of them, shall think fit to examine, touching all Matters and Things necessary for the due Execution of the Powers vested in any such Commissioners as aforesaid.

[Persons giving false Evidence subject to the Punishment for Perjury.]

VI. And be it further enacted, That in case any Person or Persons in the Course of their Examination upon Oath before any such Commissioners as aforesaid, shall wilfully and corruptly give false Evidence, such Person or Persons so offending, and being thereof duly convicted, shall be, and is and are hereby declared to be subject and liable to such Pains and Penalties as by any Law now in being in this Kingdom, or by any Law or Laws in force for the Time being, in any Island or Place aforesaid, where such Offence shall be committed, as Persons convicted of wilful and corrupt Perjury are subject and liable to.

[Act shall not effect the Powers of the Commissioners for auditing Publick Accounts,]

VII. Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be construed to extend, to the preventing the Commissioners for auditing the Publick Accounts from investigating or passing or making up any Accounts, or Declarations of Accounts, or in any Manner to the limiting the Jurisdiction, or rowers or Authorities of the Commissioners for auditing the Publick Accounts, or to the transferring to any Commissioners acting under the Authority of this Act, any of the Powers or Authorities of the Commissioners for auditing the Publick Accounts, but that, on the contrary thereof, that all Commissioners acting under the Authority of this Act shall act in Aid only of the said Commissioners for auditing the Publick Accounts, and shall, from Time to Time, whenever required so to do, by the said Commissioners for auditing the Publick Accounts, or any three of them, transmit or deliver to such Commissioners for auditing the Publick Accounts, all Papers, Vouchers, Documents, and Examinations, procured or taken in any Investigation under this Act, for the Purpose of enabling such Commissioners for auditing the Publick Accounts finally to audit, declare, and pass such Accounts as aforesaid;

[who may proceed on any Report of the Commissioners under this Act, as if Investigation had been made in this Kingdom, under 25 Geo. 3. c. 52.]

and it shall be lawful for the said Commissioners for auditing the Publick Accounts to proceed therein upon any Report of any Commissioners acting under this Act, signed by any three or more of any such Commissioners, in like Manner, in every Respect, as if the Investigation of the Accounts contained in any such Report had been made in this Kingdom, under and by virtue of any Powers or Authorities vested in such Commissioners for auditing the Publick Accounts, by an Act passed in the twenty-fifth Year of the Reign of his present Majesty, intituled, An Act for better examining and auditing the Publick Accounts of this Kingdom.

Source: Ruffhead, Statutes at Large, volume 18.