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1 & 2 W.4, c. 33, s. 15, 16, 17, 18.
or persons entitled in possession, and in reversion or remainder to such
13. In case of misapplication of, or neglect to apply, any such Loan to the purpose agreed upon, the Commis sioners may recover the advances inade, or may complete the Works.
And be it Enacted, That if default shall be made in the due appli- 15 cation of
instalment of any loan or advance made for the purpose of any such drainage, embankment, reclamation or other improvement, or in case the party or person to whom any such loan or advance may have been so agreed to be made, or the person entitled for the time being to the rents and profits of the lands which may be the subject 20 of such drainage, embankment, reclamation or other improvement, shall omit or neglect to proceed with the completion of such drainage, embankment, reclamation or other improvement, it shall and may be lawful for the said Commissioners to proceed for the recovery of
any such instalment, loan or advance, or any part thereof, with the interest 25 due thereon, and to stop all further advances or loan in respect of such work, or it shall and may be lawful for the said Commissioners, or any person authorized by them for that purpose, if they shall so think fit, to enter upon such lands, and proceed to complete the drainage, reclamation or other improvement of such lands according to the original
30 plan and specification which may have been agreed upon for the same, or according to such other plan and specification as the said Commissioners may think proper; and out of the residue of the monies so agreed to be advanced by, and then remaining in the hands of, the said Commissioners, to complete and finish such drainage, em- 35 bankment, reclamation or other improvement, and all monies so advanced and paid as last aforesaid by the said Commissioners, shall be deemed and taken as part of the money agreed to be advanced by the said Commissioners, and secured and charged on such lands as aforesaid, and shall be repaid to the said Commissioners out of such 40 lands, and out of the monies to be raised from such lands by means of such charge, grant, lease, mortgage or demise as aforesaid.
14. Act may be amended, &c. this Session,
And be it Enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.
(Prepared and brought in by Sir Thomas Fremantle and Sir James Graham.)
For the further Amendment of the Acts for
the Extension and Promotion of Public Works in Ireland.
Ordered, by The House of Commons, to be Printed,
23 January 1846.
Under 2 oz.
B I L L
(AS AMENDED BY THE COMMITTEE]
For the further Amendment of the Acts for the
Extension and Promotion of Public Works in
[N. B.—The Clause marked (A.) was added by the Committee.]
HÉREAS an Act was passed in the first year of Her Preamble :
present Majesty's reign, intituled, “ An Act to amend the i Vict. c. 21. Acts for the Extension and Promotion of Public Works in Ireland,”
reciting an Act of the first and second years of his late Majesty 5 King WILLIAM the Fourth, intituled, “ An Act for the Extension 1 & 2 W.4,
and Promotion of Public Works in Ireland,” the provisions whereof c. 33. were amended and extended by an Act passed in the then last Ses- 6 & 7 W. 4, sion of Parliament, and that the Commissioners acting under and c. 108.
in execution thereof were authorized to make advances by way of 10 loan to a certain amount in the said Acts limited, in aid of the
execution of Public Works in Ireland, and were also authorized to make advances for the like purpose by way of grant, in aid of the construction of certain Works, to an amount not exceeding in the
whole the sum of Fifty thousand Pounds; and that it was expedient, 15 with a view to the further promotion of Public Works in Ireland,
and the employment of the labouring population, that the said Commissioners should be enabled to make advances to an additional amount, by way of grant; and that provision should be made
for making advances for the execution of Public Works under certain 20 circumstances, partly by way of loan and partly by way of grant,
that is to say, by loan to the extent of One moiety of such advances, and by grant to the extent of the other moiety thereof; and by the
AND whereas by the said recited Act of the first and second years Advances under Public of the reign of bis late Majesty King William the Fourth, it Works Act on loan for is amongst other things enacted, that it shall and may be lawful for the improvements of Lands may Commissioners for the execution of the said recited Act to make adbe made by Board of vances in aid of the drainage, embankment, reclaiming, or other
5 Public Works
improvement of land on the credit of mortgages, assignments, or other repayable within 20 assurances of the estate and interest, freehold or leasehold, in such land years, at such rate of inte- which is to be the subject of such drainage, embankment, reclamation, rest as in cases of other Loans. or other improvement: Provided always, That it shall be made out to the 1 & 2 W.4,
satisfaction of such Commissioners by competent evidence, accompanied 10 c. 33, s. 32.
by the certificate of a skilful engineer or surveyor, approved of by the said Commissioners, that such drainage, embankment, reclamation or other improvement, when completed, will increase the value of such land in the proportion of at least Ten per centum on the sum proposed to be expended thereon; and that a contract, with Two good and sufficient
15 sureties, to be approved of by the said Commissioners, shall be previously made and entered into for the full and complete execution of such drainage, embankment, reclaiming or other improvement, at and for a sum not exceeding the amount of the advance sought therefor, within a period to be fixed by the said Commissioners, not exceeding 20 Seven Years from the date of such advance; and that in all such cases the whole amount of such advar.ce shall be made repayable within Three Years next after the period so fixed for the completion of such drainage, embankment, reclaiming or other improvement, with interest thereon in the meanwhile, at a rate not less than Five Pounds per 25
centum per annum, payable half-yearly, as the said Commissioners 6 & 7 Will 4, shall fix and appoint: And whereas the provisions of the last-recited c. 108, s. 3 &
Act as to Loans are in part amended by an Act of the sixth and seventh
years of the reign of King WILLIAM the Fourth, and any other Acts amending the same, and this Act, in relation thereto, and which may be approved of by the said Commissioners, and by the Commissioners of Her Majesty's Treasury, or any Three or more of them, upon
the terms and conditions that the whole amount of such loan or advance shall be made repayable within such time or times, not exceeding Twenty Years after the period so fixed as aforesaid, for the completion of such drainage, embankment, reclaiming or other improvement, at such rate