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prietor of Lands to become chargeable as aforesaid, shall be conclusive and binding upon such District and such Proprietor of and all Persons interested in the Lands of such Proprietor in respect of which respectively such Approval or Assent may have been given, and also upon and against the same District and Lands respectively; and it shall not be lawful for any Person whatever in any Manner to question or appeal against or in respect of any thing whatsoever done or omitted to be done by the said Commissioners under the Provisions of this Act (save only in such Case and such Manner as herein specially provided), nor shall any Proceedings to be had or taken by or on behalf of the said Commissioners for the Purposes of this Act be removed or removable by Certiorari into any of Her Majesty's Courts of Record.

Preliminary

Proceedings.

XXII. And be it enacted, That in every Case where any such As to Expence final Notice shall be published as aforesaid all the Costs and Ex- of preliminary pences of the preliminary Proceedings herein-before directed to Proceeding. be taken shall be considered as Expences incidental to the Execution of the Works proposed to be executed, and shall be defrayed accordingly; but if in any Case the said Commissioners shall determine that it is inexpedient to execute any of the Works referred to in any such Memorial, or other Works in lieu thereof, or if the necessary Presentment or Assents herein-before required to be obtained shall not be given to the Execution of the proposed Works, then and in any such Case all Expences which shall have been incurred shall be defrayed by the Person or Persons who shall have presented such Memorial as aforesaid, and the same shall be recoverable from such Person or Persons by the said Commissioners by Civil Bill or by Action or Suit in any of the Superior Courts in Dublin.

XXIII. And be it enacted, That every such final Declaration, when so settled by the said Commissioners, shall be enrolled in the Rolls Office of Her Majesty's Court of Chancery in Ireland within Three Months after same shall have been finally settled; and a Copy thereof shall be deposited with the Clerk of the Peace of each County in which such District shall be situate, who is hereby authorized and required to receive and deposit the same amongst the Records of the County; and a Copy thereof, certified by the proper Officer of Her Majesty's Rolls Office shall be Evidence that it was duly made, and that all the Requisitions of this Act in relation thereto were complied with.

XXIV. And be it enacted, That after the Publication of such final Notice as aforesaid it shall be lawful for the said Commissioners of Her Majesty's Treasury to cause to be advanced out of the growing Produce of the Consolidated Fund of Great Britain and Ireland from Time to Time, upon the Application of the said Commissioners for the Execution of this Act, such Sum or Sums of Money for the Execution of the Works as shall have been specified in such final Declaration as the Proportion of the Cost of such Works, to be supplied by way of Grant, and the Monies so to be from Time to Time issued for the Purpose last aforesaid shall be accounted to be Part of the Money by this Act authorized to be issued by way of Grant, and it shall and may be lawful for the Commissioners of Public Works in Ireland, out of the Funds at their Disposal under the Provisions of the said first-recited Act,

Final Declaration, when settled, to be Court of Chandeposited in the

cery.

After Pub

lication of final Notice, Grants

and Loans may

be issued.

Works.

After final Notice, Commissioners may commence the Works. Commissioners to appoint Officers.

or any Act or Acts amending the same, from Time to Time to advance by way of Loan such Sum or Sums of Money for the Execution of such Works as shall have been specified by such final Declaration as the Proportion of the Cost of such Works to be supplied by way of Loan.

XXV. And be it enacted, That at any Time after the Publication of any such final Notice as herein-before mentioned the said Commissioners may commence and proceed with the Works proposed to be executed, and to which such Notice may relate.

XXVI. And be it enacted, That it shall be lawful for the said Commissioners to appoint, employ, and dismiss at Pleasure such Engineers, Surveyors, Clerks, Collectors, Receivers, or other necessary Officers, and pay and allow, out of the Funds at their Disposal under this Act, to such Engineers, Surveyors, Clerks, Collectors, Receivers, and other Officers, such yearly or other All Officers to Salary or Wages as the said Commissioners shall think fit; and

account.

5 & 6 Vict. c.106.

Power to exe.

all and every the Person or Persons employed as aforesaid shall, when required so to do by the said Commissioners, render to them a true and perfect Account of all Monies which shall have been received and paid by them respectively by virtue of such Employment, with proper Vouchers for the same, and shall pay to the said Commissioners, or such Person as they shall authorize to receive the same, all such Sums as shall be due to the said Commissioners from such Persons, and shall deliver up all Vouchers, Books, and Writings relating to their respective Offices to the said Commissioners; and in case any Person who shall be so employed as aforesaid shall refuse or neglect to render such Account, and make such Payment as aforesaid, or to deliver up such Vouchers, Books, and Writings to the said Commissioners, or to such Person as they shall empower to receive the same, then and in every of the said Cases it shall and may be lawful to and for any Two or more Justices of the Peace at Petty Sessions assembled to inquire into the Matter of such Default in a summary Way; and if such Person shall thereof be convicted, either by Confession or by the Testimony of any One or more credible Witness or Witnesses upon Oath, such Justices shall commit the Party to the Common Gaol of the County, there to remain for any Time not exceeding Twelve Calendar Months, or until he shall have made a perfect Account and Payment as aforesaid, and shall have delivered up all such Vouchers, Books, and Writings in his Custody, or shall have compounded or agreed with the said Commissioners, which Composition and Agreement the said Commissioners are hereby empowered to make: Provided always, that such of the Officers of the Board of Public Works, and Persons appointed Inspectors of Fisheries under an Act of the Fifth and Sixth Years of Her present Majesty's Reign, intituled An Act to regulate the Irish Fisheries, as the Commissioners for the Execution of this Act shall deem fit and by their Order direct, shall be Officers for the Purposes of this Act.

XXVII. And be it enacted, That it shall be lawful for the said cute the Works. Commissioners to contract with or employ such Contractors, Surveyors, Agents, and Workmen as they shall think fit, and to make and execute all such Works as shall be described in the Maps, Plans, and Sections herein-before mentioned, or such Devia

tions therefrom or such other Works as they shall deem necessary for effecting all or any of the Purposes of this Act, and for such Purposes to enter into and upon any Land whatsoever, and to widen, straighten, deepen, or divert any Channel, Sailing Course, River, or Stream, and to make or erect any Wharf, Landing Place, Pier, Quay, Harbour, Beacon, Bank, Sluice, Lock, Lockhouse, Lighthouse, or other Building, Drain, Tunnel, Road, Towing Path, Capstan, or other Works necessary for the Purposes of this Act, and also to make any Embankment against the Sea, or remove or cut away any Rocks or other Obstruction to Navigation, or make any navigable Cut or Channel, and to put and place on such Land any Piles, Stones, Earth, Soil, or other Materials for the Purposes of the Works, and also to stop up or divert any Road or remove any Bridge, and to make any new Road or Bridge, and also from Time to Time to repair, alter, or improve any Harbour, Wharf, Landing Place, Quay, Pier, Road, or other Works now made or to be made as aforesaid, and also to do all such Things, and erect such Engines, and execute all such Works as may be necessary or convenient for the Purposes of this Act, making Compensation, to be ascertained in the Manner herein-after mentioned, to all Persons for any Damage occasioned to them by the Exercise of any such Powers.

Works.

may enter Lands, and dig for Materials, on making

XXVIII. And be it enacted, That it shall be lawful for the Commissioners said Commissioners, or any Engineer, Workman, or other Person authorized by them, after Three Days previous Notice, to enter into, and to search for, dig, take, and carry away Materials out of any Land, for the Purpose of executing or repairing any Works Compensation. under the Provisions of this Act, making such Compensation for the Surface Damage done, to the Proprietors, Lessees, or Occupiers of such Lands, according to their respective Interests therein, as to the said Commissioners shall seem fit and reasonable; and in case of Dispute such Compensation shall be settled, on a Summons to be issued for that Purpose, by any Two or more Justices of the Peace for the County in which such Land is situate, at Petty Sessions: Provided always, that in all Cases where Materials shall be taken from an open Quarry bonâ fide demised to any Person with Liberty to raise, sell, and dispose of the Materials therein, the Value of such Materials shall be paid for by the said Commissioners, and the Amount owing, in the event of Difference as to the same, shall be settled on Summons by any Two or more Justices as aforesaid.

found useful,

XXIX. And be it enacted, That if by reason of the searching Commissioners for, digging, or getting any Materials as aforesaid any Pit or Hole to fill up Holes be made in any Common or other Land wherein such Materials and Pits not shall be found, the said Commissioners shall forthwith, where the and fence off same shall be necessary for the Safety or Security of the Public, or those that may if the Proprietor or Occupier shall so require, cause the same to be be useful. sufficiently fenced off during such Time as the said Pit or Hole shall be used, and shall within Six Days after having dug up sufficient Materials, if such Pit or Hole is not likely to be further useful, cause the same to be filled up, sloped down, or fenced off, and so continued, and if the same is likely to be further useful the said Commissioners shall cause the same to be sufficiently D 3 secured

When Lands cut through

shall be less than

an Acre in Quantity, or less than 15 Yards wide, Commissioners to purchase the

whole if required.

Purchase of
Lands.

may purchase

Land for the

Act.

secured by Posts and Rails or other Fences so as to prevent Accidents to Cattle or Persons.

XXX. And be it enacted, That if in the Execution of any of the Works authorized by this Act any Field, Close, or Parcel of Land shall be cut through or divided from the Remainder of any Estate, Farm, or Property, so that there shall be left on each or either Side of the said Works or any of them less than One Statute Acre in Quantity or less than Fifteen Yards in Breadth, then and in every such Case the said Commissioners shall (if thereunto required by the Proprietor of such Field, Close, or other Land so cut through or divided,) take and purchase such Piece or Parcel or Pieces or Parcels so to be left as aforesaid of such Field, Close, or Land, and shall pay for the same in the same Manner as for the Land actually required for the Purpose of this Act; and the said Commissioners are hereby authorized and empowered to sell such Lands which they shall be so required to take and purchase as aforesaid, and cause the same to be conveyed to any Person or Persons whomsoever who shall be willing to purchase the same; and any Profit or Loss arising from such Sale and Resale shall be respectively placed to the Account of the Work in respect of which such Lands shall have been purchased.

XXXI. And be it enacted, That it shall be lawful for the said Commissioners to purchase any Lands which they shall think it Commissioners necessary or proper to purchase for accomplishing any of the Purposes of this Act, and also any Land, not exceeding Five Acres, at, about, and immediately adjoining to the Site of any Pier, HarPurposes of the bour, Quay, or Landing Place to be constructed or improved under the Provisions of this Act, which they may deem requisite, as Sites for the building or constructing Market Places, Drying Sheds, or for Ground for spreading and mending Nets, or for other Purposes of a public Nature, calculated to promote and improve the Fisheries, making such reasonable Satisfaction and Recompence to the Person entitled to or interested in such Land as may be agreed upon, or shall be settled and ascertained in manner herein-after mentioned.

Corporations, Trustees, and other Persons empowered to sell and convey, &c.

XXXII. And be it enacted, That it shall be lawful for every Corporation, and for every Trustee and Feoffee in Trust for charitable or other Purposes, and for every Executor and Administrator, not only for and on behalf of himself, his Heirs, Executors, and Administrators respectively, but also for and on behalf of his Cestuique Trust, whether Infant, Feme Covert, Idiot, Lunatic, or Persons not born or not ascertained, or any other Person whomsoever, and to and for any Tenant for Life, or for Years absolute and determinable on any Life or Lives, and every Person having any other partial or qualified Estate or Interest in any Land required to be purchased for any of the Purposes of this Act, or injuriously affected by any such Works as aforesaid, not only for and on behalf of himself, his Heirs, Executors, Administrators, and Issue, but also for and on behalf of the Person entitled in Remainder, Reversion, Expectancy, or Contingency, or for any other future Estate or Interest, where such Person or any of such Persons (if more than One), whether entitled to the next or any subsequent Estate or Interest, or any Part thereof, shall not be ascertained, or shall be incapable of contracting for, selling, or conveying

conveying the same, and to and for every Guardian on behalf of his respective Ward, Husband on behalf of his respective Wife, Committee on behalf of the Person of whose Estate he shall be Committee, and the Heirs, Executors, Administrators, and Issue of such Ward, Wife, or Person respectively, and to and for any Feme Covert entitled in her own Right to any such Land, or to Dower or other Interest therein, on behalf not only of herself but also of her respective Heirs, Executors, Administrators, and Issue, and also where such Ward, Wife, Person, or Feme Covert respectively shall be Tenant for Life or in Tail, or for Years, or have any other partial or qualified Estate or Interest, to and for such Guardian, Husband, Committee, and Feme Covert, on behalf of the Person or Persons on behalf of whom such Ward, Wife, Person, or Feme Covert respectively, if of full Age, unmarried, and of sound Mind, might have contracted for, sold, and conveyed the same Land, and to and for every other Person whomsoever who is or shall be seised or possessed of or interested in any such Land, to contract or agree for the absolute Sale or Exchange thereof, and of every or any Part thereof, to the said Commissioners, or to contract for the Amount of Compensation which shall be paid for any Injury thereto, or for the Payment of such Sum of Money for Equality of Exchange as shall be determined by the said Commissioners, and also to execute any Conveyance or enter into any Contract with respect to the Premises which the said Commissioners shall deem necessary for the due Execution of this Act; and all such Contracts, Agreements, Sales, Conveyances, and Assurances shall be valid and effectual, and all Monies payable by the said Commissioners in respect thereof shall be paid by the said Commissioners out of the Monies to be raised by virtue of this Act, as herein-after mentioned.

Purchase of

Lands.

XXXIII. And be it enacted, That all Conveyances which shall Form of Conbe executed to the said Commissioners of any Land which shall be veyance. required by them for any of the Purposes of this Act shall be in

the following Form, or as near thereto as the Number of Parties and the Nature of the Case will admit; namely,

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paid to

in consider-
[or paid

' into the Bank of Ireland, as the Case may be,] by the Commis'sioners appointed under an Act passed in the

Year

of the Reign of Her Majesty Queen Victoria [here set forth the Title of this Act], do hereby grant and release to the said Com'missioners all [describing the Premises], together with all Ways, Rights, and Appurtenances thereunto belonging, and all Estates, 'Rights, and Interests in the same and every Part thereof, to hold to the said Commissioners and their Successors for ever, according to the true Intent and Meaning of the said Act. In witness ' whereof I have hereunto set my Hand and Seal on this

• Day of

in the Year of our Lord One thousand eight

hundred and XXXIV. And be it enacted, That every Corporation, and Satisfaction to every Trustee and other Person herein-before capacitated to be made, and contract for, sell, and convey any such Land as aforesaid, and any cepted. other Owner of any such Land, or of any Share, Estate, rest therein, may accept and receive such Satisfaction and Re

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compence

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