Application of Improvement Application of Pound of the full net annual Value of the Property included in such Rate. CXIV. And be it enacted, That all Monies which shall come to the Hands of the Council from the said Rate, or which shall be raised by any Mortgage or Security thereof granted by the Council, shall be applied and disposed of as follows: Firstly, in paying the Interest of all Monies borrowed and And lastly, in paying off the Principal of all Monies due on the CXV. And be it enacted, That for the Purposes of defraying the Costs and Expenses of carrying this Act and the Powers and Provisions thereof into execution (except the Purposes to which any District Sewer Rates are hereby directed to be applied), and including the Costs and Expenses of making, maintaining, and providing such new Markets, and purchasing Markets, as are herein mentioned, and of defraying the Expenses of and incident to the obtaining of this Act, and also of paying the Amount of Compensation awarded to any Officer or Person under the Provisions of this Act, it shall be lawful for the Council from Time to Time to make, assess, and levy (in lieu and stead of the Rates which might have been assessed and levied under the Provisions of the said recited Acts hereby repealed) such equal Rate, to be called the "Improvement Rate," as may be necessary for the Purposes aforesaid, not exceeding in any One Year Two Shillings in the Pound of the full net annual Value of the Property included in such Rate. CXVI. And be it enacted, That all Monies which shall come to the Hands of the Council from the said Rate called the "Improvement Rate," or which shall be raised by any Mortgage or Security thereof granted by the Council, and all other Monies to be received by the Council under this Act, (except the Monies to be raised and levied under the said Rate to be named "District Sewer Rate,") shall form a Fund to be called the " Improvement Fund," and shall be applied to the following Purposes: Firstly, in defraying the Charges and Expenses which shall have been incurred or incident to the obtaining and passing of this Act; Secondly, in paying the Interest of all Monies borrowed or Expenses which shall have been incurred or shall be incident to the obtaining and passing this Act; Thirdly, in paying the Amount of Compensation awarded to any Officer or Person under the Provisions of this Act; Fourthly, in setting apart the Sum required to pay the Debts herein-before mentioned due by the Wide Street Commissioners to the Lords Commissioners of Her Majesty's Treasury and to the National Insurance Company of Ireland; Fifthly, Fifthly, in setting apart and appropriating One Twentieth Part And lastly, in paying off the Principal of all Monies due on CXVII. ' And whereas certain public Buildings within the City Power to rate of Dublin have been heretofore rated and assessed towards and assess pubpaving, lighting, and cleansing the Streets of the said City, and lie Buildings; it is expedient that they should continue to be rated for such Purposes under the Provisions of this Act:' Be it therefore enacted, That it shall be lawful for the Council and they are hereby required, when and at such Times as the before-mentioned Rates and Assessments shall be made, to rate and assess for the Purposes aforesaid all Colleges, Halls, Theatres, Docks, Courts of Law, and all other public Buildings whatsoever, or Buildings occupied for public Purposes, save as herein-after excepted, situate in or fronting to or along the Side or Sides of any Street, Square, Lane, or other public Place or Passage within the Jurisdiction of the Council, in manner following; (that is to say,) to rate and assess all Colleges, Halls, Theatres, Docks, Courts of Law, and other public Building or Buildings used for public Purposes at a Rate not exceeding One Shilling by the Year for every Square Yard of the Ground fronting to or on the Side of such Colleges or other Buildings aforesaid, and contained between every such College or Ground, or the Ground belonging to such College or Building, and the Centre of any Street, Lane, or Passage to which it adjoins or fronts; and in case any such College or Building as aforesaid, or the Ground thereto belonging, shall be situated at any of the Quays, Docks, Squares, or Streets built upon one Side only, that then such College or Building shall be rated and assessed as aforesaid according to the Number of Square Yards of the Ground lying between such College or Building and the Wall, Railing, or other Inclosure of such Quay, Dock, Square, or Streets built upon one Side only; and to rate and assess all and dead Walls dead Walls and void Spaces of Ground adjoining to or on the Side and void Spaces or Sides of any Street, Lane, Quay, Court, Square, Alley, or other of Ground, &c. public Passage within the said Limits (save as aforesaid), although such dead Wall should enclose a Yard or Garden belonging or adjoining to any House or Tenement, for every Yard Running or Lineal Measure of such dead or void Space of Ground adjoining to or along the Side of such Street or Passage as aforesaid, at such respective Rate or Rates, Assessment or Assessments, as to the Council in their Discretion shall seem proper; provided that no Rate or Assessment so to be made in any such Case or Cases as last aforesaid shall exceed in the Year the Rate of Three Shillings for every such Yard Running Measure of such dead Wall or void Space (save as aforesaid) within the aforesaid Limits. CXVIII. Provided always, and be it enacted, That nothing in this Act contained for any of the Purposes therein or herein mentioned, either which have been or shall hereafter be performed, shall extend or be construed to extend to authorize the imposing or Nothing to extend to impose Rates, &c. on unprofitable Ground, &c. Exemption from Rates. or levying any Tax, Rate, or Assessment whatever on any sufficiently fenced or enclosed Lot or Plot of Ground, being laid out for the Purpose of building Houses thereon, in front to any Street or public Passage, and which Lot or Plot has not any Building erected thereon, but is actually in waste, and out of Use or Profit. CXIX. Provided also, and be it enacted, That no Person shall be rated to any Rate made in pursuance of this Act in respect of Minister's Money, or of any Church, Chapel, Meeting House, or other Building exclusively used for Public Worship, or any Building exclusively used for the Purposes of gratuitous Education of the Poor or of public Charity, or any Lands, Houses, or Buildings, or Parts of Houses or Buildings, exempted from the Payment of any County, Borough, Parochial, or other local Rates or Cesses, under the Provisions of an Act passed in the Sixth and Seventh 6 & 7 Vict. c. 36. Years of the Reign of Her present Majesty, intituled An Act to exempt from County, Borough, Parochial, and other local Rates, Land and Buildings occupied by Scientific or Literary Societies. Composition for Recovery of Rates upon Tenements under the annual Value of 81., &c. CXX. And be it enacted, That when the net annual Value of any Premises liable to Assessment under this Act does not exceed the Sum of Eight Pounds, or whenever any Premises liable to such Assessment are let to weekly or monthly Tenants, or in separate Apartments, and, the Rents become payable or are collected at any shorter Period than quarterly, the Council may from Time to Time, if they shall think fit, compound with the Owner of such Premises for the Payment of all or any of the Rates to be made under this Act, upon such reduced Estimate of the net annual Value, not being less than Two Thirds or more than Four Fifths of the net annual Value at which the Premises are then assessed, as the Council shall deem to be reasonable; and any Owner who shall refuse to enter into such Composition shall be rated to and pay the Rates assessed upon such Premises in respect of which the Composition is offered; and if at any Time the Amount of Composition or any Rate to which an Owner is last assessed be due and unpaid, the same may be levied by Distress and Sale of the Goods and Chattels of the Owner in default, wheresoever they may be found, or of the Occupier or Occupiers of the Premises, in the same Manner as is herein-after provided with respect to the Recovery of Rates made under this Act or any Act incorporated therewith: Provided always, that no such Owner shall be assessed in respect of any increased Rent which may become payable to him by reason of his so compounding for or becoming liable to any Rates as aforesaid; provided also, that the Owner or Occupiers of any such Premises as last aforesaid shall be liable to Distress and Sale of his or their Goods and Chattels for the Nonpayment of such Amount of Composition or Rates as may become due in respect of the Premises occupied by him or them during his or their Tenancy, but shall never be liable to pay any greater Sum than the Amount of the Rent actually due from him or them for such Premises, and he or they may deduct any Amount paid by him or them for the Rent due or from Time to Time becoming due from him or them, unless there be an Agreement to the contrary, and the Receipt for the Amount paid by him or them shall to that Extent be as against the Owner in default a sufficient Discharge for Rent. CXXI. And taining Com - CXXI. And be it enacted, That every salaried Commissioner, Officers to re. and every Officer of the said Commissioners for widening and im- ceive Compenproving the Streets of Dublin, and for paving, cleansing, and sation, and lighting the Streets of Dublin, and of the Grand Jury of the Mode of ascer County of the City of Dublin, and any Secretary or other Officer pensation. employed by the Directors or Trustees of the Circular Road Turnpike Trust within the Borough of Dublin, and that every Officer of the Lord Mayor or Town Council of Dublin, provided he be such Officer of the said Lord Mayor or Town Council at the Period at which this Act shall come into operation respectively, whose Office shall be abolished, or cease or become unnecessary, by reason of this Act, or who shall be removed from his Office under the Provisions of this Act, or of an Act passed in the Third and Fourth Years of the Reign of Her present Majesty, intituled An Act for the Regulation of Municipal Corporations in 3&4 Vict. c. 108. Ireland, or of a Bill now pending in Parliament, intituled An 12 & 13 Vict. Act to amend the Act for the Regulation of Municipal Corpora- c. 85. tions in Ireland so far as relates to the Borough of Dublin, in case the same should pass into a Law, or be deprived of Fees or Emoluments to which he would have been entitled if this Act had not been passed, and who shall not be re-appointed under this Act, or who shall not be employed or retained by the Council in an Office of equal Value under this Act, shall be entitled to have an adequate Compensation, by way of a Sum of Money in gross or Annuity, at the Option of and to be assessed by the said Council, and paid out of the Improvement Fund by this Act authorized, for the Salary and for any Fees or Emoluments which he may enjoy or be entitled to receive on account of the Office which he shall cease to hold, regard being had to the Manner of his Appointment to the said Office, and his Term or Interest therein, Length of Service, and all other Circumstances of the Case; and every Person entitled to such Compensation as aforesaid shall, within Three Months after the Day when he shall have so become entitled, deliver to the Town Clerk a Statement under his Hand, setting forth how long he shall have held his said Office, and the Amount received by him or his Predecessor in Office every Year during the Period of Five Years, or such lesser Period as he shall have held his said Office next before the passing of this Act, on account of the Salary, Fees, Emoluments, and Profits in respect of which he shall claim Compensation, and containing a Declaration that the same is a true Statement, according to the best of the Knowledge, Information, and Belief of such Person, and also setting forth the Sum claimed by him as such Compensation; and the said Town Clerk shall lay such Statement before the Council, who shall take the same into consideration, and determine thereon; and if the Council shall not determine on such Claim within Six Months after the aforesaid Statement shall have been delivered to the Town Clerk, such Claim shall be considered as admitted; and, if the Council shall so require, the Person preferring such Claim, upon receiving Notice in Writing signed by the Town Clerk, shall attend at any Meeting or adjourned Meeting of the said Council, or any Committee thereof to which the Investigation of such Claim may be referred by such Council, and then and there shall answer all such Ques 12 & 13 Vict. c. 91. If Compensation by way of Annuity, the same to be secured by Bond. tions as shall be asked by any Member of the said Council or Committee touching the Matters set forth in the Statement subscribed by such Person as aforesaid, and produce all Vouchers, Books, Papers, and Writings in his Possession, Custody, or Power relating thereto; and immediately upon a Determination being made by the said Council or Committee touching the Matter in the said Statement, the Person preferring such Claim shall be informed of the Particulars of such Determination, by Notice in Writing under the Hand of the Town Clerk; and in case such Claim shall be admitted in part and disallowed in part, such Notice shall specify the Particulars in which the same shall have been admitted and disallowed respectively; and in case the Person preferring such Claim shall think himself aggrieved by the Determination of the Council thereon, it shall be lawful for him to appeal to the Commissioners of Her Majesty's Treasury, who shall thereupon make such Order as to them shall seem just, and such Order, signed by Three or more of such Lords Commissioners, shall be binding upon all Parties; and the said Council shall from Time to Time pay to every such Person awarded Compensation as aforesaid the Money or Annuity so granted or determined as and for Compensation, when and as the same shall respectively become due and payable; and in case such Compensation shall be by way of Annuity, the same shall be payable by half-yearly Payments Provided always, that every such Person who shall be continued in or re-appointed to such Office under the Provisions of this Act, and who shall subsequently be removed from such Office for any Cause other than such Misconduct as would warrant Removal from any Office held during good Behaviour, shall be entitled to Compensation in like Manner as if he had been forthwith removed under the Provisions of this Act, and had not been continued in or re-appointed to such Office: Provided also, that no Officer who shall have received Compensation under the Provisions of a Bill now pending in Parliament, intituled An Act to provide for the Collection of Rates in the City of Dublin, in case the same shall pass into a Law, shall be entitled to receive Compensation under this Act for the Loss of any Salary, Fees, or Emoluments in respect of which he shall have so received Compensation. CXXII. And be it enacted, That the Compensation payable to any such Person aforesaid shall be secured to such Person by Bond or Obligation under the Common Seal of the said Lord Mayor, Aldermen, and Burgesses of Dublin, in a sufficient Penalty, conditioned for the Payment to such Person, his Executors, Administrators, or Assigns, of such Compensation, with all Arrears thereof (if any) which shall have accrued due before the Date of such Bond; and such Bond or Obligation shall be prepared and executed at the Expense of the Fund by this Act made chargeable with such Compensation, and delivered to the Person entitled to such Compensation, as soon as conveniently may be after the Amount thereof shall have been admitted as aforesaid by the Council of the Borough, or shall have been determined, in the event of such Appeal as aforesaid, by Order of the said Commissioners of Her Majesty's Treasury. CXXIII. And |