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SEVENTH SCHEDULE.
Compensation.
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Part I.
Scale of Compensation.
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Sects. 115 (13), (19),
116
.
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The compensation payable to any high constable or collector of a barony or to his deputy duly appointed under section one hundred and forty-eight of the Grand Juries Act, 1836, shall be according to the following scale:—
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(a) If his service has not exceeded two grand jury half-years, one year’s net emoluments;
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(b) If his service has exceeded two grand jury half-years, one year’s net emoluments together with one quarter of one year’s net emoluments for each grand jury half-year which he has served above the two first, but not exceeding in any case five years’ net emoluments;
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(c) The net emoluments shall be ascertained according to the average for the six grand jury half-years next before the summer assizes, 1898, or if the officer has served for less than that period, then for the period of his service;
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(d) The gross emoluments of a deputy shall not exceed the sum deducted in respect thereof in ascertaining the net emoluments of the high constable or collector whose deputy he was;
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(e) The expression “grand jury half-year” means the period between any assizes and the next assize.
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In the application of this Part of this Schedule to a person who is not a high constable or collector of a barony or his deputy, the necessary modifications shall be made, and in particular the first half and the second half of each calendar year shall be substituted for the “grand jury half-year.”
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Part II.
S. 120 (omitting sub-s. (8)) of the Local Government Act, 1888.
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Sect. 115 (19)
.
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Compensation to existing officers.
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5 & 6 Will. 4. c. 62.
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120.—(1) Every existing officer declared by this Act to be entitled to compensation, and every other existing officer, whether before mentioned in this Act or not, who, by virtue of this Act, or anything done in pursuance of or in consequence of this Act, suffers any direct pecuniary loss by abolition of office or by diminution or loss of fees or salary, shall be entitled to have compensation paid to him for such pecuniary loss by the county council, to whom the powers of the authority, whose officer he was, are transferred under this Act, regard being had to the conditions on which his appointment was made, to the nature of his office or employment, to the duration of his service, to any additional emoluments which he acquires, by virtue of this Act, or of anything done in pursuance of or in consequence of this Act, and to the emoluments which he might have acquired if he had not refused to accept any office offered by any council or other body acting under this Act, and to all the other circumstances of the case, and the compensation shall not exceed the amount which, under the Acts and rules relating to Her Majesty’s Civil Service, is paid to a person on abolition of office.
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(2) Every person who is entitled to compensation, as above mentioned, shall deliver to the county council a claim under his hand setting forth the whole amount received and expended by him or his predecessors in office, in every year during the period of five years next before the passing of this Act, on account of the emoluments for which he claims compensation, distinguishing the offices in respect of which the same have been received, and accompanied by a statutory declaration under the Statutory Declarations Act, 1835, that the same is a true statement according to the best of his knowledge, information, and belief.
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(3) Such statement shall be submitted to the county council, who shall forthwith take the same into consideration, and assess the just amount of compensation (if any), and shall forthwith inform the claimant of their decision.
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(4) If a claimant is aggrieved by the refusal of the county council to grant any compensation, or by the amount of compensation assessed, or if not less than one-third of the members of such council subscribe a protest against the amount of the compensation as being excessive, the claimant or any subscriber to such protest (as the case may be), may, within three months after the decision of the council, appeal to the Treasury, who shall consider the case and determine whether any compensation, and, if so, what amount, ought to be granted to the claimant, and such determination shall be final.
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(5) Any claimant under this section, if so required by any member of the county council, shall attend at a meeting of the council and answer upon oath, which any justice present may administer, all questions asked by any member of the council touching the matters set forth in his claim, and shall further produce all books, papers, and documents in his possession or under his control relating to such claim.
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(6) The sum payable as compensation to any person in pursuance of this section shall commence to be payable at the date fixed by the council on granting the compensation, or, in case of appeal, by the Treasury, and shall be a specialty debt due to him from the county council, and may be enforced accordingly in like manner as if the council had entered into a bond to pay the same.
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(7) If a person receiving compensation in pursuance of this section is appointed to any office under the same or any other county council, or by virtue of this Act, or anything done in pursuance of or in consequence of this Act, receives any increase of emoluments of the office held by him, he shall not, while receiving the emoluments of that office, receive any greater amount of his compensation, if any, than, with the emoluments of the said office is equal to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds such office.
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