loans and interest by instalments under any of the provisions aforeaid to repay the same in one sum, or in a shorter time than that in which the same shall be made repayable under the provisions aforesaid. And be it Enacted, That every loan or advance to be made 5 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 at any one time One-fifth of the entire sum agreed to be advanced; and that no second or subsequent instalment of any such loan shall be advanced until it shall have been 10 proved to the satisfaction of the said Commissioners that the preceding instalment has been properly expended on such Work or Improvement pursuant to the application for such Work approved by the said Commissioners: Provided always, That no one instalment shall in any case exceed Three hundred pounds. 15 25 AND whereas societies or companies incorporated by an Act of Parliament or established by charter in Ireland or in England, for the improvement of Land in Ireland, or for reclaiming land in Ireland, may be desirous of applying for advances of money under the provisions of this Act and the Acts herein recited, but doubts 20 may arise whether such societies are within the provisions of the Acts herein recited, and whether they are authorized to borrow money, by reason of the absence of special authority in their Acts or Charters of Incorporation, or by reason of the powers to borrow therein contained not having arisen, or being inapplicable to the securities which must be taken under the said recited Acts and this Act; BE it Enacted, That it shall and may be lawful for the Trustees or Directors of any such Society or Company incorporated by Act of Parliament, or by Royal Charter for the improvement of Land in Ireland, or for reclaiming land in Ireland, to convene a special general meeting of the shareholders, with such notice as may be required by the respective Act or Charter of Incorporation, and specifying in such notice the object of such meeting, and to submit to such meeting a proposition for borrowing money under the provisions of this Act; and if the majority of the shareholders present at such meeting shall authorize the directors to borrow a sum of money under the provisions of this Act, it shall and may be lawful for the said Commissioners of Public Works, if they shall think fit, upon the application of the trustees or directors of such society or company to advance any sum of money not exceeding the sum by such resolution of the 40 special meeting authorized, upon the security hereinafter mentioned; and such Trustees or Directors shall and may mortgage, assign, or charge all or any part of the property of such society or company, 30 35 86. B or 9. Incorporated Companies for Improvement of Land empowered Money from the Com in Ireland, to borrow missioners. 10. Commis sioners may cations for Loans, or all or any of the interests of such society or company in the 20 25 AND whereas, under the said recited Acts of the first and second, receive appli- and sixth and seventh years of the reign of King WILLIAM the 15 Fourth, all persons, save as therein excepted, to whom advances may be made for the use of any person or persons, body or bodies politic or corporate, or company or companies in Ireland, or for any other purpose, under the provisions of said Acts, are required, besides the securities in each case respectively therein directed to be taken before any advance shall be made in respect of any loan under the provisions of the said Acts or of either of them, to make and enter into, or cause some sufficient persons or person, to the satisfaction of the said Commissioners, to make and enter into, a bond or obligation in writing to the secretary for the time being of the said Commissioners, together with a warrant of attorney for confessing judgment thereon, binding the obligors or obligor therein named, their, his or her heirs, executors or administrators, in such penalty as the said Commissioners should direct, conditioned to be void, as in the said Acts mentioned: AND whereas it may be convenient that such bond and warrant of attorney 30 should be dispensed with in the case of bodies politic or corporate, or incorporated societies or companies; BE it Enacted, That it shall be lawful for the said Commissioners, when they shall think fit, to receive applications for and make any loan or advance, under the provisions of the said recited Acts or this Act, to or for the use or in aid of any body or bodies politic or corporate, or incorporated society or company, without requiring such bond or warrant of attorney to be made or entered into as aforesaid; and the said Commissioners may, if they shall think fit, in lieu thereof, require such security, under the seal of any such body politic or corporate, 40 or incorporated society or company, for the due application of the money advanced, as they shall think fit; and the said Commissioners shail amend the regulations established by them under the said Acts accordingly. 35 And 5 10 15 20 25 And be it Enacted, That if default shall be made in the due application 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 if the person or persons entitled for the time being to the rents and profits of the lands which may be the subject 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 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, embankment, reclamation or other improvement of such lands according to the original plan and specification which may have been agreed upon for the same, 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, embankment, 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, or other assurance as aforesaid. And be it Enacted, That in the construction of this Act (except where the nature of the provision or the context of the Act shall exclude such construction) the word "Land" shall extend to all arable, pasture or otherwise profitable, and to all waste uncultivated land, whether bog land or land covered with water, and shall also extend to 30 messuages, tenements and other hereditaments, corporeal or incorporeal, and any estate or interest therein, and any undivided part thereof; and the expression "Commissioners of Her Majesty's Treasury" or "Commissioners of the Treasury " shall mean the said last-mentioned Commissioners, or any Three or more of them; and the expression "the said Commissioners" shall mean the Commissioners of Public Works in Ireland, or any Two or more of them, (except where otherwise provided); and the words " person or persons" shall extend to all bodies politic, corporate or collegiate, and also all bishops, parsons and other ecclesiastical persons, as to lands held by them in those respective characters, and to any number of persons associated together as a company or partnership; and the word "County" shall extend 86. 35 and 13. Act may be amended, &c., this Session. and be applied to all counties, counties of cities and counties of towns; and the expression "High Court of Chancery," or "Chancery" shall extend to and include the Equity side of the Court of Exchequer; and the word "Master" shall extend to and include the Remembrancer; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons or things; and every word importing the masculine gender only shall extend and be applied to a female as well as a male. And be it Enacted, That this Act may be amended or repealed by be passed in this present Session any Act to of Parliament. 1 5 10 (Ireland.)-No. 2. A BILL To authorize the Application of Money for the Purposes of [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] 5 W HEREAS an Act was passed in the second year of the Preamble: reign of his late Majesty King WILLIAM the Fourth, inti- 1 & 2Will. 4, tuled, "An Act for the Extension and Promotion of Public Works in Ireland:" c. 33. c. 108. And whereas another Act was passed in the seventh year of the 6 & 7 Will. 4, same reign, intituled, "An Act to amend an Act passed in the first and second Years of His present Majesty, for the Extension and Promotion of Public Works in Ireland :" 1 Vict. c. 21. And whereas another Act was passed in the first year of the reign 7 Will. 4, and 10 of Her present Majesty, intituled, "An Act to amend the Acts for the Extension and Promotion of Public Works in Ireland :" c. 88. And whereas another Act was passed in the second year of the 1 & 2 Vict. reign of Her present Majesty, intituled, "An Act to authorize a further Issue of Exchequer Bills for Public Works, and Fisheries, and 15 Employment of the Poor, and to amend the Acts relating thereto :" c. 50. And whereas another Act was passed in the third year of the reign of 2 & 3 Vict. Her present Majesty, intituled, "An Act to extend and amend the Provisions of the Acts for the Extension and Promotion of Public Works in Ireland, and for the Recovery of Public Monies advanced for the Use of Counties, Parishes and other Districts in Ireland, on the Faith of Grand Jury Presentments and Parochial Assessments:" 604. And |