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case of Proceedings for Amount of
preliminary Expenses, &c.
Works shall be Expenses of obtaining a Report upon and investigating the SubEvidence in ject of any Application for a Loan under the said Act, or on any Bond or other Security given for the due Application of Monies advanced or to be advanced under the said Act, the Certificate of the Commissioners of Public Works in Ireland, under their Common Seal, certifying the Amount of the Expenses of obtaining such Report upon and investigating the Subject of such Application for a Loan under the said Act, including all Expenses consequent upon any such Investigation, or (as the Case may be) certifying the Amount of the Monies advanced by the said Commissioners, and the Amount of such Monies the Application of which shall not have been accounted for to the said Commissioners according to the Condition of such Bond or other Security, shall be conclusive Evidence of the Matters therein certified as aforesaid.
If Parties neglect to comply with Provisions of recited Act, or proceed with the Works, Commissioners may decline to make Advance.
Commissioners may sanction Alterations of
III. And be it enacted, That in any Case in which an Order for a Loan shall have been made by the said Commissioners under the said Act, and the Person for the Time being entitled to the Benefit of such Order shall neglect to comply with the Provisions of the said Act, or the Rules and Regulations of the said Commissioners for the Purpose of obtaining any Advance or Instalment in respect of such Loan, or if after any such Instalment or Instalments shall have been advanced by the Paymaster of Civil Services such Person shall, after Notice by the said Commissioners of his Default in this Behalf, neglect to proceed with the Works for which such Loan shall have been made or agreed to be made, with such Diligence and Expedition as shall be satisfactory to the said Commissioners, it shall be lawful for the said Commissioners (if they think fit so to do), by Order under their Common Seal, to direct that the Amount of such Loan, or such Part thereof as shall be then remaining unpaid, shall not be issued; and thereupon the Monies applicable to such Loan, or to the Residue of such Loan, as the Case may be, may be applied to other Loans under the Provisions of the said Act.
IV. And be it enacted, That it shall be lawful for the said Commissioners, upon the Application of the Owner, where it shall appear to them expedient so to do, from Time to Time to sanction Plan, &c., and the Alteration or Modification of any Plan, Specification, or Esti
others in lieu thereof.
mate originally approved of by them in relation to any Works for which any Loan has been agreed or ordered to be made under the said Act, or, in substitution, in whole or in part, for any such Plan, Specification, and Estimate, to sanction and approve of a Plan, Specification, and Estimate for other Works for any of the Purposes in the said Act mentioned, and to direct the Works to be carried on according to the Plan, Specification, and Estimate so altered or modified or substituted as aforesaid; and the Provisions of the said Act applicable in the Case of an Alteration or Modification of any Plan, Specification, or Estimate whereby the Advance of a further Sum of Money is required for the Completion of any Works, or the Expenditure is diminished, shall be applicable, under the like Circumstances, in the Case of any Alteration, Modification, or Substitution made under this Act.
Repeal of so V. And be it enacted, That so much of the said recited Act as much of recited requires that the said Commissioners shall execute in duplicate a
Certificate stating the Amount of the Sums actually advanced in Act as requires respect of any Loan under the Provisions of the said Act, and the Certificate of Times of advancing the same, and the Registry of One of such Amount, &c. Certificates, shall be repealed.
VI. And be it enacted, That the said recited Act and this Recited Act Act shall be construed together as One Act; and all Loans made and this Act to for the Purposes of the said recited Act out of any Money autho- be One; and rized to be advanced under an Act passed in the present Session 12 & 13 Vict. of Parliament, intituled An Act to authorize further Advances of c. 23. &c. to be Money for the Improvement of Landed Property in Ireland, and deemed Loans the Extension and Promotion of Drainage and other Works of under recited public Utility in Ireland, or under any other Act authorizing Act. Loans to be made for the Purposes of the said recited Act, shall, for the Purposes of the Provisions of the said recited Act and of this Act applicable to the Loans under the said recited Act, be deemed to have been made under such Act.
VII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of Par- amended, &c. liament.
CA P. LX.
An Act further to amend an Act of the Tenth Year of Her
Majesty's Reign, intituled An Act to render valid certain 10 & 11 Vict. Proceedings for the Relief of Distress in Ireland, by Employment c. 10. of the Labouring Poor, and to indemnify those who have acted in such Proceedings, it was, amongst other things, enacted, that the Money mentioned in any such Undertaking as therein referred to, or so much thereof as by an Award to be made by 'the Commissioners of Public Works, or any Two of them, should ' appear to have been expended upon any of the Lands specified in any such Undertaking, should be a Charge on the Lands specified in such Undertaking and Award, and the Money ' mentioned in any such Award, with Interest thereon at the Rate of Three Pounds Ten Shillings per Centum per Annum, should be charged upon, raised, and levied from and out of the Lands so specified in such Award, and should be payable, at the Time or Times appointed in such Award, by the Person or Persons therein mentioned, and should be raised, levied, and ' recovered as therein mentioned by such Persons as the Com'missioners of the Treasury should from Time to Time appoint: And whereas by an Act of the last Session of Parliament, inti'tuled An Act to amend an Act of the Tenth Year of Her 11 & 12 Vict. 'present Majesty for rendering valid certain Proceedings for c. 106. the Relief of Distress in Ireland, by Employment of the Labour. ing Poor, and to indemnify those who have acted in such Proceedings, Provision was made for giving Notice of such Awards to the Parties interested therein, and for the Registry of the same: And whereas Awards have been from Time to Time made 0 3
by the said Commissioners of Public Works under the Provisions of the said first-mentioned Act and the said Act for the Amendment thereof, making payable the Sums respectively men⚫tioned in the said Awards, with Interest thereon from the Tenth Day of October One thousand eight hundred and forty-seven, by half-yearly Instalments, in Ten Years, payable on the Fifth Day of April and Tenth Day of October in every Year, the 'first of the said Instalments to be paid on the Tenth Day of • October in the Year One thousand eight hundred and fortyeight: And whereas the Paymaster of Civil Services in Ireland has been appointed by the Commissioners of Her Majesty's Treasury to receive Payment of the Sums specified in the said Awards: And whereas it is expedient to authorize the Principal 'Sums and Interest payable under the said Awards to be paid or 'satisfied by Rent-charges as herein-after mentioned, and it is expedient otherwise to amend the said first-recited Act: 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 Treasury the Authority of the same, That upon the Application of the Permay authorize son who for the Time being is liable to the Payment of any Instalthe Payment of ment under any such Award as aforesaid the said Paymaster of the Sums men- Civil Services may, with the Sanction of the Commissioners of Awards under Her Majesty's Treasury, substitute for the Principal Money and recited Act, by Interest payable under such Award such Rent-charge as herein Rent-charges mentioned, and in every such Case the said Paymaster of Civil Serfor Twenty-two vices shall ascertain the Amount of Interest on the Principal Sum specified in the Award, such Interest being calculated from the Tenth Day of October One thousand eight hundred and forty-seven to the Fifth Day of April One thousand eight hundred and fortynine at the Rate of Three Pounds Ten Shillings per Centum per Annum, and such Amount of Interest shall be added in each Case to the Principal Sum specified in the Award; and for and in lieu of every Sum of One hundred Pounds of such compound Sum, after giving Credit for such Payments (if any) as may have been made in respect of such Principal and Interest respectively, there shall be charged on the Lands specified in the Award a Rent-charge of Six Pounds Ten Shillings, and so in proportion for any less Amount, such Rent-charge to be payable for the Term of Twenty-two Years, to be computed from the said Fifth Day of April One thousand eight hundred and forty-nine, and to be paid by equal half-yearly Payments on the Tenth Day of October and the Fifth Day of April, the first of such Payments to be made on the Tenth Day of October One thousand eight hundred and fortynine; and the said Paymaster shall execute a Certificate under his Hand specifying the Amount of the compound Sum in respect of which such Rent-charge shall be payable, and the Amount of such Rent-charge, and the Lands to be charged therewith, and such Certificate shall be retained in the Office of the said Paymaster; and such Paymaster shall, on the Request and at the Expense of the Proprietor of the Lands so charged, issue to him a Duplicate or Copy of such Certificate; and from and after the Execution of such Certificate such Lands shall, without any Registry of such Certificate, become charged with such Rent-charge, in like
Manner and with the like Priority as the Money which would have been payable under the Award in respect of which such Certificate shall issue stood charged on the same Lands under the said Acts of the Tenth Year of Her Majesty and of the last Session of Parliament; and every such Certificate in respect of the Lands therein specified shall be binding upon all Persons having any Estate or Interest in such Lands, and shall be conclusive Evidence that all Requisites with respect thereto have been duly complied with.
II. And be it enacted, That the Rent-charges which shall become Rent-charges chargeable on Lands under this Act shall be paid into the Bank of to be paid as Ireland to the Credit of the said Paymaster, and by him carried directed. to the Account of the Consolidated Fund, and the Receipt of the said Paymaster shall be a sufficient Discharge for the same.
c. 32. and
12 & 13 Vict.
to Rent-charges under this Act.
III. And be it enacted, That all the Powers and Provisions of Provisions of 10 & 11 Vict. an Act of the Tenth Year of Her Majesty, intituled An Act to facilitate the Improvement of Landed Property in Ireland, and of an Act of the present Session of Parliament to amend such Act, for increasing the Amount and shortening the Term of any Rentcharge chargeable on Lands under such Act of the Tenth Year of Her Majesty, for redeeming any such Rent-charge or a Part thereof, concerning the Payment of and Liability to such Rentcharge, concerning Deduction by Occupiers, Sub-lessees, and Sublessors from their Rent of Money paid on account of any such Rent-charge, for and auxiliary to the recovering and enforcing Payment of any such Rent-charge, and any half-yearly Payment thereof, and the Arrears thereof, and Costs, Charges, and Expenses in relation thereto, for the Release of a Portion of the Lands charged with any such Rent-charge (during the Continuance of such Rent-charge), for the Release of the Lands charged, on the Expiration or Discharge of any such Rent-charge, and on Payment of Arrears, and of all Costs, Charges, and Expenses, and concerning the Investment by Trustees in the Purchase or upon Mortgage of Land charged with any such Rent-charge, shall extend and be applicable to any Rent-charge to be charged under this Act, and to the Land to be charged therewith, in the same Manner as if such Rent-charge had been charged under such Act of the Tenth Year of Her Majesty, the Term "Owner in such Powers and Provisions being for the Purposes of this Act construed to mean Proprietor within the Terms of the Act of the Fifth Year of Her Majesty," to promote the Drainage of Lands 5&6 Vict. c. 89. "and Improvement of Navigation and Water Power in connexion "with such Drainage in Ireland.”
more Persons, not being Joint Tenants, &c., are named in
IV. And whereas in several Cases in which Awards have been Where Two or 'made by the Commissioners of Public Works Two or more Persons, not holding as Joint Tenants, Tenants in Common, or as • Coparceners, have been named in such Awards as Proprietors of the Lands in such Awards respectively mentioned, whose separate 'Liability to the Amounts in such Awards respectively mentioned missioners ⚫ is not ascertained or defined; and in certain other Cases Awards empowered to have been made which have been found to be in some Particulars make new inaccurate, and in other Cases defective or erroneous Awards have been made omitting to charge the Lands of certain Proprietors with the Amounts expended thereon or for the Benefit
In Cases of inaccurate, defective, &c. Awards, Commissioners
may make new Awards.
Lands in new
New Awards to be good, valid, &c.
Recited Acts to extend to new Awards.
of the same; and it is therefore expedient that the said Com'missioners of Public Works should have Power in such firstmentioned Cases to determine and ascertain the Amount or Proportion to which the Lands of each of such Persons or Proprietors are respectively liable, and to make new Awards according to such Determination, and also in such other Cases that said Commissioners of Public Works should have Power to make new Awards in lieu of such inaccurate, defective, or erroneous Awards :' Be it therefore enacted, That in all Cases in which Two or more Persons, not being Joint Tenants, Tenants in Common, or Coparceners, are named in any of the Awards made under the said recited Acts, or either of them, as the Proprietors of the Lands liable to the Repayment of the Monies in any such Award mentioned, and thereby charged and secured on such Lands, and the Amount or Proportion to which the Lands of each Proprietor in such Award mentioned are liable is not therein defined or ascertained, it shall be lawful for the said Commissioners of Public Works, or any Two of them, to ascertain and determine, as to them shall seem just and reasonable, the Proportion or Amount to which the Lands of each such Proprietor are liable, and to make further or new Awards determining and specifying the Lands of each such Proprietor, and the Proportion of Amount to which the Lands of each such Proprietor are liable; and in any Case in which by reason of the said Commissioners having heretofore made any inaccurate, defective, or erroneous Award, or in any other Case whatsoever in which the said Commissioners shall deem it right or expedient so to do, it shall be lawful for the said Commissioners of Public Works, or any Two of them, to make such new Award in the Premises, in lieu and stead of any such inaccurate, defective, or erroneous Award, or in lieu or stead of any other Award, as to the said Commissioners shall seem meet; and the Lands in every such new Award mentioned shall remain charged with and subject and liable to the Amount specified in every such new Award relating to the same in the same Manner as Lands of Proprietors are charged with and made subject and liable to the Sums specified in any Award here. tofore made under and by virtue of the Provisions of the said recited Acts; and every such new Award shall be good, valid, and effectual to all Intents and Purposes whatsoever, and shall be reputed, deemed, and taken to be made in accordance with and under the Provisions of the said recited Acts and this Act, and every such new Award shall be substituted in the Place and Stead of the former Award.
V. And be it enacted, That all the Provisions of the said recited Acts shall extend to and apply to any new Award to be made under the Provisions of this Act.
In all Cases of VI. And be it enacted, That in all Cases of new Awards to new Awards, be made by the said Commissioners of Public Works under the if original Provisions of this Act, and where the Award in lieu of which Award regisany such new Award shall be made shall have been registered tered, Cominissioners to issue previously to the making of such new Award, it shall and may be lawful for the said Commissioners of Public Works in Ireland, and they are hereby authorized and required, to issue a Certificatè under the Hands of Two of the said Commissioners, to the Effect