Page images
PDF
EPUB

SCHEDULE.

Sir,

Dublin Castle, 5 October 1846.

I AM directed by the Lord Lieutenant to inform you, that his Excellency has had under his Consideration the various Representations which have been made to him of the Operation of the Poor Employment Act, and of the Difficulty of finding in the greater Number of Baronies "Public Works" upon which it would be expedient or beneficial to expend Money to the Extent requisite for affording Employment to the People during the Existence of the present Distress, and with a view of obviating the bad Effects of a great Expenditure of Money in the Execution of Works comparatively unproductive, he desires that the Commissioners of Public Works will direct the Officers acting under them in the respective Counties to consider and report upon such Works of a re-productive Character and permanent Utility as may be presented in the Manner herein-after mentioned at any Sessions held under the above Act; and his Excellency will be prepared to sanction and approve of such of those Works as may be recommended by the Board, and so presented, in the same Manner as if they had been strictly "Public Works," and presented as such in the Manner required by the Act:

1. The Presentment Sessions will estimate the Sum which it may be necessary to raise off the Barony for the Purpose of affording Employment:

2. They will also ascertain the Proportion of such Assessment which, according to the last Poor Law Valuation, may be chargeable upon each Electoral Division of an Union, or Portion of an Electoral Division (if the whole shall not be included), in the Barony, and they shall obtain for this Purpose, from the Clerk of each Poor Law Union, a Copy of such Valuation:

3. They will present for such useful and profitable Works to be executed in each Electoral Division, to the Amount of its Proportion of the Assessment, ascertained as above:

4. In case of Drainage, however, and sub-soiling so far as it shall be connected with Drainage, an Undertaking shall be given in Writing, and transmitted with the Presentment by the Person or Persons whose Lands are proposed to be drained (being "Proprietor" in the Terms of the Act 5 and 6 Victoria, Chapter 89.), stating that the Money so to be expended shall be a Charge exclusively on the Lands so to be improved, and be levied from the same, according to an Award to be made by the Commis

Commissioners, as under the last-mentioned Act and its
Amendments.

His Excellency wishes it to be further understood, that in case these Regulations are not acted upon, and the Portions of the Assessment which would be leviable from each Electoral Division are not presented to be expended on some Work within such Division, the Proceedings at such Sessions must be considered with strict reference to the Provisions of the 9th and 10th Victoria, Chapter 107.

His Excellency, considering also that many Baronies have already held Sessions under that Act, to which Baronies the Opportunity of making Applications in the Manner now prescribed has not been afforded, it is his Desire that all Works already sanctioned in those Baronies, or applied for and which it may become requisite to sanction, in order to afford continued Employment, shall be proceeded with until other Sessions may be conveniently held in such Baronies.

His Excellency, in taking upon himself the Responsibility, under the urgent Circumstances of the Case, of inviting the Magistrates and Cess-payers to provide Employment for the People by the Execution of useful and re-productive Works, confidently trusts, with their Assistance and the Blessing of the Almighty on their united Exertions, that the Calamity with which it has pleased Providence to afflict Ireland may yet in its Results become conducive to the Production of a greater Abundance of human Food from the Soil, and to the future permanent Improvement of the Country.

[blocks in formation]
[ocr errors]

CAP. XI.

An Act to explain and amend the Act authorizing the Advance of Money for the Improvement of Land by Drainage in Great Britain. [30th March 1847.] WHEREAS an Act was passed in the last Session of

c. 101.

Parliament, intituled An Act to authorize the Advance of 9&10 Vict. Public Money, to a limited Amount, to promote the Improve'ment of Land in Great Britain and Ireland by Works of Drainage: And whereas it is expedient that the said Act should be explained and amended:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Expences herein-after mentioned shall be Certain Exdeemed to be and may be included among the Expences of pences deemed Works of Drainage, in respect of which Advances may be made under the Provisions of the said Act; (that is to say,) The Expence of making or improving and securing from or for the Benefit of the Land proposed to be improved by Drainage an Outfall through other Land, or such Part, as the Commissioners may think reasonable, of the Expence of making or improving and securing such Outfall, for the Benefit of the Land in respect of which the Advance may be applied for, and of other Land:

The Expence of making open Drains and Watercourses, including such open Drains and Watercourses as may need frequent Repair, where reasonable Security for their Maintenance shall appear to the Commissioners to be afforded by the Interests or Liabilities of the Tenants and Occupiers of the Land:

And the Expence of fencing, trenching, and clearing the Surface of Land to be drained for the Purpose of converting the same from Waste or Pasture into Arable or Tillage Land, where such fencing, trenching, and clearing respectively shall appear to the Commissioners to be necessary to secure and render productive the proposed Improvement by Drainage :

Provided that it shall appear to the Commissioners that in all the Cases aforesaid the Works will effect an Improvement in the yearly Value of the Land, which will exceed the utmost yearly Amount which can be charged thereon under the said Act in respect of the Advance applied for.

to be included

as

Expences of

Works of

Drainage.

with in certain Cases.

II. And be it enacted, That where by the said Act the Plan, Plans, &c. may Estimate, and Specification of the proposed Drainage is required be dispensed to be inspected or examined by and to be annexed to the Report of the Assistant Commissioner, or Surveyor or Engineer, it shall be sufficient for the Assistant Commissioner, or Surveyor or Engineer, unless the Commissioners shall otherwise direct, to inquire into and to embody in his Report such [No. 4. Price 2d.] Particulars

D

Applicants for
Advances may

withdraw or
reduce the
Amount of
their Appli-
cations.

Applicants may

substitute Aprespect of other

plications (in

Lands) of the Applications withdrawn or reduced in Amount.

Where separate
Applications

10 Уст. Particulars of the Land proposed to be drained, and of the proposed or any other Manner of effecting the Drainage thereof, and of the estimated Expences of such Drainage, as shall appear to him necessary and sufficient to enable the Commissioners to judge of the Expediency of an Advance in respect of the proposed Works; and where in the Provisional Certificate, or in any subsequent Proceedings, Reference is by the said Act required to be made to the Plan and Specification annexed to such Report, Reference may be made thereto, or to the said Report, as Circumstances may require; and it shall be lawful for the Commissioners to certify their Opinion that an Advance should be made in respect of any Works, notwithstanding any Deviation therein from the proposed Manner of effecting the Drainage, if such Deviation shall appear to the Commissioners to be expedient, and productive of Improvement as permanent and of as great yearly Amount as the Manner at first proposed. III. And be it enacted, That all Parties who shall have made Applications for Advances under the said Act may at any Time, before Provisional Certificates shall have been issued thereon respectively, by Writing, addressed to the Commissioners, withdraw or reduce the Amount of the Advances for which their several Applications are made; and the Commissioners may deal with any Application for such reduced Advance in the same Manner in all respects as if the Advance for which such Application is made had been originally limited to the Amount to which the same shall be so reduced.

IV. Provided always, and be it enacted, That any Party who shall withdraw an Application or reduce the Amount of the Advance for which his Application may have been made, under the Provision herein-before contained, may at the Time of such Withdrawal or Reduction substitute for the Application so withdrawn an Application for an Advance of the Drainage of any of his Lands not comprised in his previous Application; and if the Advance applied for by such substituted Application do not exceed the Advance for which the Application so withdrawn may have been made, or (in the Case of such Reduction as aforesaid) do not exceed the Amount withdrawn by Reduction from the Advance for which the previous Application may have been made, the Commissioners may, in dealing with such substituted Application, give the same the Benefit (if any) in respect of Priority to which they might have deemed it entitled if it had been made at the same Time, and instead, in whole or in part, of the previous Application: Provided always, that every such substituted Application shall, in respect to the Notice required to be given by Advertisement, and all Inquiries and Proceedings to be had thereupon, except as aforesaid, be dealt with as an original Application.

V. And be it enacted, That where separate Applications shall have been made by the same Owner for several Advances have been made for the Drainage of several Lands, or where successive Applications shall have been made for an Advance, and a further Advance for Works of Drainage on the same Lands, it shall be

by the same

Owner for

several Ad

lawful

consolidated.

lawful for the Commissioners (with the Consent of the Owner vances, the for the Time being of such Lands or Land) by their Provisional same may be Certificate, or by any other Writing under their Seal, to declare such several Applications to be consolidated and treated as One Application, and thenceforth the Proceedings and the Provisional Certificate, and the Certificates respectively which shall be had and issued upon such consolidated Application, shall be had, framed, and issued respectively in the same Manner, and shall have the same Force and Effect in all respects, as if the aggregate Amount of the Advances applied for by the several Applications had been applied for, and in the Case of several Lands and Works as if such several Lands and Works had been all mentioned and included in One Application: Provided always, that where such separate Applications as aforesaid shall have been made for Advances for the Drainage of several Lands, such Applications shall not be consolidated without the like Notice by Advertisement of the proposed Consolidation` as by the said recited Act is required in respect of an Application for an Advance; and where such Notice by Advertisement shall be given, any Person who would have been authorized to dissent from an Application for an aggregate Advance in respect of the Lands comprised in such several Applications may dissent from such proposed Consolidation, and the Provisions of the said recited Act in relation to Dissents shall be applicable to Dissents from a proposed Consolidation.

account in

certain Cases.

VI. And be it enacted, That where a Provisional Certificate Advances may has been or shall have been issued under the said Act, it shall be made on be lawful for the Commissioners, whether a Declaration shall or shall not have been inserted in the Provisional Certificate for this Purpose, to certify to the Commissioners of the Treasury that an Advance on account should be made in respect of any Part of the proposed Works which shall have been actually executed, not exceeding in Amount the whole of the Sum then actually expended thereon, in case it shall be shown to the Satisfaction of the Commissioners that the Part so executed will, independently of the Part remaining unexecuted, be durable and effectual, and produce an Improvement in the yearly Value of the Land exceeding the Amount of the yearly Charge which can be made under the said Act in respect of such Advance.

VII. And be it enacted, That no Provisional Certificate Time for Com shall be issued under the said Act unless it shall be shown to pletion of Works. the Satisfaction of the Commissioners, or Security be given to their Satisfaction by the Party applying for the Advance, that the Works for which the Advance is to be made may be completed within Five Years from the Date of the Certificate; and the Commissioners shall annex to every Provisional Certificate to be issued under the Authority of the said Act a Provision that all Works in respect of which they shall certify their Opinion that an Advance should be made shall be completed within Five Years as aforesaid, and no Provisional Certificate shall be issued upon any Application or Applications by the

[blocks in formation]
« PreviousContinue »