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of interest in the meanwhile, payable half-yearly, as by the said lastrecited Act, or any Acts amending the same, is provided with respect to any other advances by way of loan thereunder, any thing in the said

last-recited Act, or the other Acts amending the same, requiring a 5 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, 10 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.

of

7. AND whereas by reason of such advances in aid of permanent im

Persons under provements of lands, great benefit may be expected to accrue to the legal disability

may charge 15 proprietors thereof, and the value thereof to be considerably increased; the Lands imand it is expedient to enable tenants for life, and others having only

only secure reparticular estates, and persons under legal disability or incapacity, such Loans to charge money on such estates for the purposes of such im- for Improve

provements; BE it therefore Enacted, That it shall and may be 20 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 25 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 30

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, 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 35

an executing party, and before obtaining any advance on account of such loan from the said Commissioners, to charge the said lands with any sum or sums of money which the said Commissioners shall agree to

advance or shall advance in or for, or in aid of any such drainage, 40 embankment, reclaiming, or other improvement thereof as aforesaid, and

for securing the repayment by instalments of such sum or sums of money which the said Commissioners shall so agree to advance, or shall advance, 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 Com

to pay

missioners 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
or condition to cease and be void, or under an express trusi 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 5
satisfied at the time or times to be appointed in that behalf, and also
with a covenant to pay the instalments as they shall become due, and

and keep down the interest in the meanwhile; and in the case
of every such grant, mortgage, lease or demise, such person or persons,
or bodies as aforesaid, as the case may be, and every succeeding 10
tenant for life, or other person or persons having only a limited interest
in the lands charged, shall be bound to pay the instalments of principal
and the interest which shall become from time to time due and pay-
able during the continuance of his, her or their title in or to the said
lands; but nevertheless, on the termination of such title by death or 15
otherwise, the estate in remainder or reversion in such lands, or the
inheritance thereof shall remain chargeable with all instalments, and
interest and arrears thereof then due or thereafter to become due ;
and every such charge, grant, mortgage, lease or demise as aforesaid,
shall be good, valid and effectual in the law, for the purposes hereby 20
intended, and shall take priority of all charges and incunibrances
whatsoever and whensoever made : Provided always, That it shall be
lawful for any person or persons liable to repay any loans and interest
by instalments, under any of the provisions aforesaid, to repay the same
in one sum, or in a shorter time than that in which the same shall be 25
made repayable under the provisions aforesaid.

8. Buch ad. vances to be made by instalments not exceeding £. 500.

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 30
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, pur-
suant to the application for such work, approved by the said Commis- 35
sioners.

9. Advances not to exceed £.6,000 in case of inca

sons without the sanction

And be it Enacted, That any loan or advance that shall be made by

the said Commissioners for any such work or improvement as aforepacitated Per- said, 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 40
of a Court of disability or incapacity, shall not exceed in the whole the sum of Five
Equity

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 seek-

2

ing such advance to apply to the High Court of Chancery or to the Court of Excheqner 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 ; 5 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, 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 10 said Court that the proposed improvement and charge upon such

estate would be proper and judicious, and advantageous to the person 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 15 make a limited 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, 1 & 2 W.4, if they shall deem it fit and right so to do, to make such advance and 4:33, s. 15,

16, . 20 cause such charge to be made upon such estate, subject nevertheless to

the several provisions, 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 25 by this Act.

10.

sioners may

recover the

Works.

And be it Enacted, That if default shall be made in the due appli- In case of cation of any instalment of any loan or advance made for the purpose of, op neglect of

any such drainage, embankment, reclamation or other improvement, to apply, any or in case the party or person to whom any such loan or advance may the purpose

, 30 have been so agreed to be made, or the person entitled for the time the Commis

being to the rents and profits of the lands which may be the subject of such drainage, embankment, reclamation or other improvement, advances

made, or may shall omit or neglect to proceed with the completion of such drainage, complete the embankment, reclamation or other iinprovement, it shall and may

be 35 lawful for the said Commissioners to proceed for the recovery of

any such instalment, loan or advance, or any part thereof, with the interest 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 40 enter upon such lands, and proceed to complete the drainage, embank

ment, reclamation or other improvement of such lands, according to the
original 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 inonies so agreed to be advanced by, and then remaining in the hands

of, the said Commissioners, to complete and finish such drainage, em-
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
lands, and out of the monies to be raised from such lands by means of
such charge, grant, lease, mortgage or demise as aforesaid.

5

11. 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,

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26 February 1846.–9 Vict.

88

(Ireland.)

A

B I L L

For the further Amendment of the Acts for the Extension

and Promotion of Public Works in Ireland.

[Note.—The Words printed in Italics are proposed to be inserted in

the Committee.]

W

c. 33.

c. 108.

HER EAS an Act was passed in the first year of Her Preamble:

7 W. 4, and present Majesty's reign, intituled, “ An Act to amend the

1 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 and 1& 2 W. 4,

Promotion of Public Works in Ireland,” the provisions whereof were amended and extended by an Act passed in the then last Session of 6 & 7 W.4, Parliament, and that the Commissioners acting under and in execution

thereof were authorized to make advances by way of loan to a certain 10 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 thou

sand Pounds, and that it was expedient with a view to the further pro15 motion 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 yrant, and that provision should be made for making advances for

the execution of Public Works under certain circumstances, partly by 20 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 said first-recited Act it is enacted, that it should and might be lawful to and for the Commissioners for the execution of the said recited Acts, under the like

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