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10. Persons under legal disability may charge

the Lands im

proved to

secure re

payment of such Loans

ments.

different period of repayment, or a higher or other rate of interest on
any loan or advance for any such drainage, embankment, reclamation
or other improvement to the contrary notwithstanding: Provided
always, That any such loan or advance shall be subject to the several
provisions, regulations and enactments in the said last-recited Act, 5
and the other Acts amending the same, contained in relation to any
loan or advance thereunder, so far as the same are applicable, and
shall not be varied by this Act.

AND whereas by reason of such advances in aid of permanent improvements of lands, great benefit may be expected to accrue to the 10 proprietors thereof, and the value thereof to be considerably increased; and it is expedient to enable tenants for life, and others having only for Improve particular estates, and persons under legal disability or incapacity, to raise or charge money on such estates for the purposes of such improvements; BE it therefore Enacted, That it shall and may be 15 lawful for any corporation, lay or ecclesiastical, sole or aggregate, and for the husbands, trustees, committees or attornies of, or for the owners or proprietors of, or any company or companies, or the directors thereof for the time being interested in, any part or parts of any such lands, in or for, or in aid of the drainage, embankment, reclaiming or 20 other improvement of which any such loan or advance shall be agreed to be made by the said Commissioners of Public Works, in pursuance of the said last-recited Act, or the other Acts amending the same, and this Act, being under coverture, minors, lunatics, or beyond the seas, or otherwise incapable of acting for themselves, and to and for every 25 of them for the time being, and to and for the owners and proprietors of all such lands, being tenants in tail or for life, or tenants in tail after possibility of issue extinct, or tenants in dower, and to and for every of them respectively for the time being, with and by the sanction and consent of the said Commissioners of Public Works had and obtained, by indenture or indentures under their respective hands and seals, from time to time, and to which indenture or indentures One of the said Commissioners shall be an executing party for the purpose of signifying such sanction and consent as aforesaid, and before obtaining any advance on account of such loan from the said Commis- 35 sioners, to charge the said lands with any sum or sums of money which the said Commissioners shall agree to advance in or for, or in aid of any such drainage, embankment, reclaiming, or other improvement thereof as aforesaid, and for securing the repayment of such sum or sums of money which the said Commissioners shall so agree to advance, 40 with interest from the date of the advance thereof, to grant, mortgage, lease or demise, or otherwise subject the said lands unto the said Commissioners of Public Works, or to the Secretary of the said Commissioners in trust for them, either in fee or for any term of years, so as every such grant, mortgage, lease or demise be made with a proviso

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or

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or condition to cease and be void, or under an express trust to be surrendered, in case and so soon as the sum or sums of money thereby to be secured, with the interest for the same, shall be fully paid and satisfied at a time or times to be appointed in that behalf, and also with a covenant to pay and keep down the interest in the meanwhile, and so as every such grant, mortgage, lease or demise do also contain a proviso that the person or persons entitled in remainder or reversion to the lands or grounds therein comprised, shall not be liable, upon his, her or their becoming possessed thereof, to the payment of any 10 further or larger arrear of interest than for Twelve Months preceding the time that his, her or their title to such possessions shall have commenced; and every such charge, grant, mortgage, lease or demise as aforesaid, shall be good, valid and effectual in the law, for the purposes hereby intended, and shall take priority of all charges and in15 cumbrances whatsoever and whensoever made.

And be it Enacted, That every loan or advance to be made by the said Commissioners of Public Works for any such last-mentioned works or improvements as aforesaid, under the provisions hereof, shall be made by instalments not exceeding Five hundred Pounds in 20 amount at any one time; and that no second or subsequent instalment of any such loan shall be advanced until it shall have been proved to the satisfaction of the said Commissioners that the preceding instalment has been properly applied towards such work or improvement, pursuant to the application for such work, approved by the said Commis25 sioners.

And be it Enacted, That any loan or advance that shall be made by the said Commissioners for any such work or improvement as aforesaid, under the said provisions hereof, to any person being entitled to any estate only as tenant for life or in tail, or being under any legal 30 disability or incapacity, shall not exceed in the whole the sum of Five thousand Pounds, unless the sanction of a Court of Equity shall be obtained to a larger advance than Five thousand Pounds to be charged on such estate; for which purpose it shall be lawful for the party seeking such advance to apply to the High Court of Chancery or to the Court of Exchequer in Ireland, by petition, specifying the improvement proposed to be made, the estimated cost thereof, and the yearly value, and other circumstances of the estate proposed to be charged; and every such petition shall be referred to a Master of the said Court of Chancery, or to the Remembrancer of the said Court of Exchequer, 40 to inquire into and ascertain the propriety of such improvement, and of the proposed charge on such estate; and if, upon the report of such Master or Remembrancer, it shall appear to the satisfaction of the said Court that the proposed improvement and charge upon such estate would be proper and judicious, and advantageous to the person

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or

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or persons entitled in possession, and in reversion or remainder to such
estate, it shall be lawful for such Court, by its order, to declare that
it shall be lawful for the said Commissioners of Public Works to
make such advance exceeding Five thousand Pounds in aid of such
improvement, if they shall so think fit, and to cause the same to be
charged upon the said estate, pursuant to the provisions hereof as
aforesaid; whereupon it shall be lawful for the said Commissioners,
if they shall deem it fit and right so to do, after such examination and
consideration as aforesaid, to make such advance and cause such charge
to be made upon such estate, subject nevertheless to the several provi- 10
sions, regulations and enactments of the said recited Act of the first
and second years of the reign of King WILLIAM the Fourth, and the
other Acts amending the same, in relation to advances of the like
nature, save and except so far as the same may be varied by this Act.

And be it Enacted, That if default shall be made in the due appli- 15 cation of any 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.

And be it Enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.

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