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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 case of Pro
Bond or other Security given for the due Application of Monies ceedings for Amount of
advanced or to be advanced under the said Act, the Certificate preliminary
of the Commissioners of Public Works in Ireland, under their Expenses, &c. Common Seal, certifying the Amount of the Expenses of obtain.
ing such Report upon and investigating the Subject of such Application for a Loan under the said Act, including all Expenses con. sequent 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 neg.
III. And be it enacted, That in any Case in which an Order lect to comply for a Loan shall have been made by the said Commissioners under with Provisions the said Act, and the Person for the Time being entitled to the of recited Act, Benefit of such Order shall neglect to comply with the Provisions or proceed with the Works,
of the said Act, or the Rules and Regulations of the said Com. Commissioners missioners for the Purpose of obtaining any Advance or Instalment may decline to in respect of such Loan, or if after any such Instalment or Instalmake Advance. ments shall have been advanced by the Paymaster of Civil Ser
vices 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. Commissioners
IV. And be it enacted, That it shall be lawful for the said may sanction Commissioners, upon the Application of the Owner, where it shall Alterations of 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 Estisubstitute
mate originally approved of by them in relation to any Works others in lieu thereof.
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 Pro. visions 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
Loans under rized to be advanced under an Act passed in the
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.
present Majesty, for rendering valid certain Proceedings
[28th July 1849.] WI
HEREAS by an Act passed in 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, intituled 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 liave been from Time to Time made 03
by the said Commissioners of Public Works under the Provi-
poral, 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 Years.
specified in the Award, such Interest being calculated from the
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.
III. And be it enacted, That all the Powers and Provisions of Provisions of an Act of the Tenth Year of Her Majesty, intituled An Act to 10& 11 Vict. facilitate the Improvement of Landed Property in Ireland, and of c. 82, and
12 & 13 Vict. an Act of the present Session of Parliament to amend such Act, c.59. extended for increasing the Amount and shortening the Term of any Rent- to Rent-charges charge chargeable on Lands under such Act of the Tenth Year of under this Act. 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, sball 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."
IV. ' And whereas in several Cases in which Awards have been Where Two or 'made by the Commissioners of Public Works Two or more Per- more Persons, sons, not holding as Joint Tenants, Tenants in Common, or as
not being Joint
Tenants, &c., Coparceners, have been named in such Awards as Proprietors of
are named in the Lands in such Awards respectively mentioned, whose separate Award, ComLiability 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 Pro“ prietors with the Amounts expended thereon or for the Benefit 04
• of the same ; and it is therefore expedient that the said Com' missioners of Public Works should have Power in such first' mentioned 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 ; In Cases of and in any Case in which by reason of the said Commissioners inaccurate, having heretofore made any inaccurate, defective, or erroneous defective, &c.
Award, or in any other Case whatsoever in which the said ComAwards, Com
missioners shall deem it right or expedient so to do, it shall be missioners may make new
lawful for the said Commissioners of Public Works, or any Two Awards. 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 Lands in new
shall seem meet; and the Lands in every such new Award men. Award charged. tioned 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 New Awards recited Acts; and every such new Award shall be good, valid, and to be good, effectual to all Intents and Purposes whatsoever, and shall be valid, &
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. Recited Acts to V. And be it enacted, That all the Provisions of the said recited extend to new Acts shall extend to and apply to any new Award to be made Awards. 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 tered, Cominis- any such new Award shall be made shall have been registered sioners to issue previously to the making of such new Award, it sball and may Certificate be lawful for the said Commissioners of Public Works in Ireland, exonerating and they are hereby authorized and required, to issue a Certificate Lands in under the Hands of Two of the said Commissioners, to the Effect