7. County Sur

veyors to assist in such Works, as directed by the Lord Lieutenant or Commissioners of Public Works.

8.

Advances from Treasury to be repaid by compulsory Presentment by Instal

ments.

tion whereof a grant shall have been sanctioned by the said Commis-
sioners of the Treasury, and also all rights, powers, authorities and
privileges of any County Surveyor or Contractor acting under and
by virtue of the said Act passed in the sixth and seventh years of the
reign of his late Majesty King WILLIAM the Fourth, intituled, An 5
Act to consolidate and amend the Laws relating to the Presentment of
Public Money by Grand Juries in Ireland."

66

And be it Enacted, That the several County Surveyors in Ireland, and their Assistants, do and shall, from and after the passing of this Act, in addition to all their other duties, obey, perform and execute, 10 either alone or conjointly with or subject to the direction of any other person or persons to be appointed for that purpose by the said Commissioners of Public Works, all such orders and directions as the Commissioners of Public Works shall from time to time issue and transmit to them, or any of them, respecting the planning, laying out, superin- 15 tending or overseeing any such work or works within their respective Counties, as shall be specified in and by such orders or directions, or the disbursing any such sum or sums of money which shall be placed at his or their disposal for that purpose, and cause to be expended on such works so presented, any sums not exceeding the respective sums 20 presented for the same respectively, and for such purposes shall have power, subject to such directions as aforesaid, to employ sufficient workmen, either at reasonable wages, or by task-work, and also an overseer for each such work, if he shall deem such overseer to be necessary, at reasonable wages, sanctioned by the said Commissioners of Public 25 Works, and shall account to the said Commissioners of Public Works for the execution of such respective works, and for the expenditure thereon, and for the sums advanced to him for such works; and all and every the powers and authorities or provisions given or contained in the Acts for consolidating and amending 30 the laws relating to the presentment of Public Money by Grand Juries in Ireland with reference to the execution of works thereunder, shall, as far as the same are applicable, extend and apply to the executing of such works as aforesaid by the County Surveyor or his assistants; and any such County Surveyor or Surveyors or assist- 5 ants (in addition to his or their usual salary), shall, in consideration of such employment for the purposes of this Act, receive such further remuneration as the said Lord Lieutenant or other Chief Governor or Governors shall deem fit and sufficient.

And be it Enacted, That the monies from time to time to be advanced pursuant to the provisions of this Act, by the Commissioners of Her Majesty's Treasury, for the execution of any works under this Act, in any county, county of a city, or county of a town, shall be repaid by Grand Jury Presentments, by half-yearly instalments, not less than Four

and

5

and not exceeding Twenty in number, as the Commissioners of Her Majesty's Treasury shall direct, with interest at the rate of Three Pounds Ten Shillings per centum per annum; and the Commissioners of Public Works shall from time to time certify to the Secretary of the Grand Jury of each such county, county of a city, or county of a town, in which respectively such works shall have been executed, the amount of the instalment or instalments so to be repaid; and each such Secretary of the Grand Jury shall lay such certificate before the Grand Jury of such county, county of a city, or county 10 of a town, at the next Assizes or Presenting Term after he shall receive the same; and it shall be lawful for every such Grand Jury, and they are hereby required to present the sum mentioned in every such certificate relating to such county, county of a city or county of a town, to be raised and levied in the manner hereinafter 15 mentioned off the respective baronies or half baronies, county of a city or county of a town in respect whereof the works for which any such monies shall be so advanced by the said Commissioners shall have been presented; and the Treasurer of such county, county of a city, or county of a town, shall pay the sum so presented by the Grand 20 Jury, when and as by him received, into the Bank of Ireland, to the credit of the Paymaster of Civil Services, on account of Loans under this Act, or in such other manner as the said Commissioners of the Treasury shall direct: Provided always, That such Treasurer shall issue a separate warrant for the levy of the sum mentioned in any such certi25 ficate; and if the Grand Jury of any county, county of a city, or county of a town, shall fail to present the sum, or any part thereof, contained in any such certificate, relating to such county, county of a city, or county of a town, the Treasurer of such county, county of a city, or county of a town, shall and he is hereby required to insert such suin, 30 or such omitted part thereof, in such separate warrant for raising such monies as if such sum had been duly presented by such Grand Jury, to be raised in manner hereinafter-mentioned off the respective baronies or half-baronies properly chargeable therewith as aforesaid, or county of a city, or county of a town (as the case may be), and the same shall 35 be raised and levied off such barony or half barony, county of a city, or county of a town (as the case may be) accordingly, as if the same had been so presented; and the said Treasurer shall pay over the amount when by him received as hereinbefore provided in the case of such money being presented by the Grand Jury.

40

And be it Enacted, That any sum of money so to be raised and levied off any barony, half barony, county of a city or county of a town under the provisions of this Act, shall be charged upon, and applotted, raised and levied upon and from the occupiers of, and other persons rateable in respect of lands and hereditaments within such 649.

B

barony,

5

barony, half barony, county of a city or county of a town respec-
tively, and rated under the then last preceding rate or rates made, or
from time to time made in respect of the same, under the provisions
of an Act of the first and second years of Her present Majesty,
intituled, "An Act for the more effectual Relief of the Destitute
Poor in Ireland," and any Act amending the same, and shall be
payable by the respective rate-payers, who under the said last pre-
ceding rate or rates shall have paid or contributed or been liable to
pay or contribute rate in respect of property in such barony, half
barony, county of a city or county of a town, according to the 10
several valuations and proportions according to which respectively
such last preceding rate or rates shall have been so made, charged
upon, and payable by the rate-payers in respect of such lands or
hereditaments respectively; and any such sum of money shall be
assessed and levied by the respective Collector of Grand Jury Cess 15
for such barony, half barony or place, as a poundage assessment
equally upon the net annual value of the several lands and heredita-
ments within such barony, half barony, county of a city or county of
a town respectively, rated as aforesaid, as such net annual value shall
have been stated in such last preceding rate or valuation as aforesaid; 20
and on receipt of the respective County Treasurer's warrant as aforesaid,
such Collector is hereby authorized and required to levy the money
therein mentioned; and such money shall and may be collected and
levied, sued for and recovered, by such and the same ways and means
as any Grand Jury Cess, or the money applotted on the several 25
persons liable to pay any Grand Jury Cess, may be collected and
levied, and with like powers, authorities and privileges to any such
Collector, as in case of the levying of any Grand Jury Cess.

And be it Enacted, That for the purpose of ascertaining the rateable property and the rate-payers within any such barony, half barony, 30 county of a city, or county of a town as aforesaid, it shall and may be lawful for the respective Collector of Grand Jury Cess to apply to the guardians of the union or respective unions within which such respective lands shall be situate; and such respective guardians are hereby required to permit and suffer such Collector, or any person authorized by 35 him, to take a copy or copies of so much of any such last preceding rate or rates or valuation as aforesaid as relates to any of such respective lands or hereditaments within any such district; and in case any person or persons having the custody of any such rate or rates or valuation refuse to permit, or shall not permit, such Collector or person 40 so authorized by him to take such copy or copies thereof or extracts therefrom respectively as aforesaid, the person or persons refusing or not permitting such copy or extract to be made shall for each and every such offence forfeit and pay any sum not exceeding Five Pounds.

And

5

And be it Enacted, That when any person occupying such lands or hereditaments within any such district shall be liable to pay a rent in respect of the same, he may deduct from such rent, for each pound of the rent which he shall be liable so to pay, One-half of the sum which he shall have paid as such assessment in respect of each pound of the net annual value (whether such rent shall be greater or less than such net annual value), and so in proportion for any less sum than a pound.

And be it Enacted, That where any person receiving rent in re10 spect spect of any such rateable property within such district shall also pay a rent in respect of the same, he shall be entitled to deduct from the rent so paid by him a sum bearing such a proportion to the amount of such assessment deducted from the rent received by him as the rent paid by him bears to the rent received by him: Provided always, That 15 every lessor assessed instead of any occupier of rateable property shall

20

be entitled to deduct from any rent paid by him in respect of such property a sum bearing such a proportion to One-half of the assessment on such property as the rent paid by him bears to the net annual value of such property.

And be it Enacted, That the Grand Jury of any county, county of a city, or county of a town in which any such Extraordinary Presentment Sessions shall be held as aforesaid, shall, without application to the Presentment Sessions present, to be levied off the county at large, county of a city, or county of a town, to be paid to any such Secre25 tary of the Grand Jury of the same such sums of money as shall be actually expended or incurred by him for expenses out of pocket in or in respect of attendance at any such Extraordinary Presentment Sessions; and shall likewise present to be paid to any such Collector as aforesaid such remuneration for the collection of such assessment as is payable in the case of the collection of Grand Jury Cess, and such further sum as he may have reasonably incurred for the expense of obtaining copies of any such rate or valuation, or making such applotment as aforesaid.

30

And be it Enacted, That when any Public Work shall be presented 35 or executed under the provisions of this Act, it shall be lawful for any occupier or owner of any ground taken and occupied for the purpose of such Work to demand and obtain from the officer of the said Commissioners of Public Works or the County Surveyor, as the case may be, by whom such Work shall have been or shall be executed, 40 a certificate under his hand, which such officer or Surveyor is hereby required to give, stating the quantity of ground belonging to such occupier or owner which shall have been so taken and occupied for the purpose of such Work, and an estimate of the average annual 649. C

value

When any ground shall be taken for this Act, Owners, &c.,

Works under

of land taken to obtain from the

Board of County Surveyor a

Works or

certificate of

the value, &c. upon pro

of the same,

duction of which Grand

5

value of such ground, the tenure of such occupier or owner thereof,
and an estimate of the total damage sustained by him or either of
them by the taking and occupying of such ground for the purpose of
such Work; and upon giving or tendering such certificate it shall be
lawful for such officer or Surveyor as aforesaid to proceed in the
execution of such Work without the interruption of any person; and it
shall be lawful for any such owner or occupier, or either or each of them,
giving Ten Days' previous notice to the Secretary of the Grand Jury,
to make application to the Grand Jury at the Assizes next following
the giving of such certificate, or the next subsequent Assizes, for the 10
amount of damages specified in such certificate, whereupon it shall
be lawful for the Grand Jury to present, without previous application
to Presentment Sessions, such sum or sums of money, for the use of
such owner or occupier, or each of them, as the case may be, in respect
of the damage sustained by him, as they, upon inspection of such 15
certificate, shall deem reasonable to be raised off the barony or half
barony in which such ground shall be situated, and to such present-
ment no traverse shall be allowed or received; but in case such owner
or occupier shall not think fit to make such application to the Grand
Jury, it shall be lawful for him, at the Assizes next following the giving 20
of the said certificate, or at the next subsequent Assizes, upon giving
Ten Days' notice, previously to such Assizes, to the Secretary of the
Grand Jury, of the amount of damages intended to be claimed, to
have a traverse for damages entered in the Crown Book in respect
of such damage sustained by him; and thereupon such traverse shall
be tried in like manner, and like proceedings shall be had, and like
presentment made in respect of the same, and subject to like provi-
sions, as far as the same can be applied, as in the case of traverses
entered for damages under the Acts for consolidating and amending
the laws relating to the presentment of Public Monies by Grand Juries
in Ireland.

And be it Enacted, That in the construction of this Act, as regards the county of Dublin, the word "Treasurer" shall include the "Finance Committee;" and the word "Assizes" shall include the "Presenting Term."

And be it Enacted, That no Presentment Sessions shall be holden, nor shall any such Work as aforesaid be commenced, under the provisions of this Act, after the Fifteenth day of August One thousand eight hundred and Forty-seven.

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

25

30

35