Miscellaneous. General Issue. Commissioners may adjourn Meetings. Persons sum moned by Commissioners and refusing to give Evidence to be punished. Certain Works not to be executed without Consent of the Admiralty. Accounts of Proceedings to be laid before Parliament. or he shall think fit, whereupon such Proceedings, Order, and Adjudication shall be had and given in and by such Court as in Actions where the Defendant is allowed to pay Money into the Court. LXXXII. And be it enacted, That if any Action shall be brought against any Person or Persons as aforesaid for any Act, Matter, or Thing done by virtue of this Act, such Person or Persons may plead the General Issue, and give the special Matter in Evidence. LXXXIII. And be it enacted, That it shall be lawful for the said Commissioners from Time to Time to adjourn any of the Meetings to be held by them under this Act to such Time and Place as they may think proper. LXXXIV. And be it enacted, That it shall be lawful for the said Commissioners, upon any Inquiry or Proceeding to be had before them under any of the Provisions of this Act, to summon or examine upon Oath or Affirmation (which Oath or Affirmation the Commissioners are hereby empowered to administer) any Person whomsoever; and if any Person, having been so summoned before the said Commissioners to give Evidence touching any Matter to be inquired into under this Act, and having been paid or tendered a sufficient Sum of Money, to be ascertained by the said Commissioners, to defray the Charges of his Attendance, shall not appear before the said Commissioners pursuant to such Summons, without assigning some reasonable Excuse for not appearing, or shall refuse to be sworn or to be examined and give Evidence touching the Premises, the said Commissioners, upon Proof thereof upon Oath, shall and they are hereby authorized, by Warrant under their Hands and Seals, to direct any Person whomsoever to cause any Sum of Money, not exceeding Five Pounds, to be levied by Distress and Sale of the Goods and Chattels of the Person so neglecting or refusing to appear, or to be sworn and give Evidence, rendering the Overplus (if any), upon demand, to the Person whose Goods and Chattels shall have been so distrained and sold, after deducting the Costs and Charges attending such Distress and Sale; and the Monies so to be levied as aforesaid shall be considered as Part of the Monies directed to be raised for carrying this Act into execution, and shall be applied accordingly; and all Persons who shall wilfully give false Evidence, or otherwise forswear themselves in any such Examination, may be prosecuted for same, and upon Conviction thereof shall be liable to the same Pains and Penalties as Persons guilty of wilful and corrupt Perjury are now liable to by Law. LXXXV. Provided always, and be it enacted, That it shall not be lawful for the said Commissioners to execute or alter any Work below High-water Mark of Spring Tides without the previous Consent of the Lord High Admiral, or of the Commissioners for executing the Office of Lord High Admiral, to be signified in Writing under the Hand of the Secretary of the Admiralty for the Time being. LXXXVI. And be it enacted, That the said Commissioners shall cause detailed Accounts in Writing of their Proceedings under this Act, and of the several Sums received by them as such Commis Commissioners, and of the Sums expended by them, and the Mode Miscellaneous. of such Expenditure, and of the several Works made or in progress under this Act, to be made up to the Thirty-first Day of December in each Year; and such Account shall be laid before both Houses of Parliament within Thirty Days thereafter, if Parliament be then sitting, or within Thirty Days after the first Meeting of Parliament subsequent to the Thirty-first Day of December; and the said Commissioners shall, as often as they shall be required so to do by the Commissioners of Her Majesty's Treasury, transmit to the said Commissioners of the Treasury like Accounts made up to such Period as the said Commissioners of the Treasruy shall direct. LXXXVII. And be it enacted, That in the Construction of this Definition of Act (except where the Nature of the Provision or the Context of Terms in this the Act shall exclude such Construction) the Word "Land" shall Act. 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 Messuages, Tenements, and other Hereditaments, corporeal or incorporeal, and any Estate or Interest therein, and any undivided Part thereof, and any Charge or Incumbrance thereon; and the Words "Sea" or "Sea Coast" shall extend to all Places where the Tide ebbs and flows; 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 for the Execution of this Act, or any Two or more of them (except where otherwise provided); and the Word "Works" shall extend to or include all or any of the Works by this Act authorized to be executed; and the Words "Person or Persons," and the Words "Proprietor or Proprietors," 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 and be applied to all Counties, Counties of Cities, and Counties of Towns; 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. LXXXVIII. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in the present Session of amended, &c. Parliament. САР. CA P. IV. 5&6 Vict. c. 89. An Act to amend the Acts for promoting the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland; and to afford Facilities for increased Employment for the labouring Classes in Works of Drainage during the present Year. [5th March 1846.] WH HEREAS an Act was passed in the Sixth Year of the Reign of Her present Majesty, intituled An Act to pro'mote the Drainage of Lands, and Improvement of Navigation ' and Water Power in connexion with such Drainage, in Ireland : "And whereas a certain other Act was passed in the Ninth Year of 8 & 9 Vict. c. 69. the Reign of Her said present Majesty, intituled An Act to ' amend an Act of the Sixth Year of Her present Majesty, for promoting the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland: And whereas it is expedient further to promote the 'Execution of Works under the said recited Acts, and, by altering the Security for Monies to be borrowed for the Purposes of the 'said recited Acts and this Act, to expedite and facilitate the Proceedings thereunder, and to amend the said Acts in the several respects herein-after mentioned: Be it therefore 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, Commissioners. That the Commissioners for the Time being acting in the Execution of the said recited Acts shall be Commissioners for the Execution of this Act; and that in all Cases of Declarations to be made and Monies to be borrowed by the said Commissioners, under the Provisions of the said recited Acts or this Act, from and after the First Day of January in this present Year, the respective Sums of Money which by the final Award to be made by the said Commissioners shall be specified as the Proportions or Contributions payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage, or by any Works under the said Acts or this Act, with Interest for such respective Sums of Money at a Rate not exceeding Five Pounds per Centum per Annum, as also all Sums to be rated and assessed under the Provisions of the said first recited Act or this Act, for the maintaining, sustaining, supporting, and upholding of any of the Works executed or to be executed under the said Acts or this Act, shall from the Date of such Declaration be charged on such several Parcels or Portions of the Land so drained or improved as aforesaid, and that in preference to and with Priority over all Charges and Incumbrances on such Land (except Quit Rent and Rentcharge in lieu of Tithe); and the same respective Sums of Money, with such Interest for the same as aforesaid, shall also be charged upon so much of any other Land situate within One Mile of any Part of the Lands so drained or improved, and settled, with the Lands so drained or improved, to the same Uses, Intents, and Purposes, by virtue of Limitations contained in the same Instrument or the same Set of Instruments, and also upon so much of Security for Money, and Repayment. Monies bor rowed for Pur poses of this Act, and Monies levied for Maintenance, to be a first Charge on Lands drained or improved ; and a Charge in Date, upon all Lands drained any tor. be allowed that any other Land belonging to the same Proprietor as the Land or improved, or drained or improved, and situate within One Mile of any Part of belonging to the the same, for all his Estate and Interest existing at the Time of same Propriesuch Declaration, as the said Commissioners shall by their said Award, or any Instrument under their Hands and Seals, and enrolled in the Rolls Office, direct, limit, and appoint, having regard to the Sufficiency of the said Lands to satisfy and secure the Charge thereon, but subject as to such other Land as aforesaid, not being Part of the Lands so drained or improved as aforesaid, to the full Amount of all Incumbrances affecting the same prior to the Registry of the Memorandum of such Declaration: Pro- Such Time for vided always, that it shall be lawful for the said Commissioners, Repayment to and they are hereby required, in making their final Award after the the Amount of Execution of any of the Works by the said Acts or this Act authoany Payment rized, to specify and state therein that the Repayments of all Sums for a Period expended in or about any such Works as aforesaid shall be made shall not exceed either by One Payment or by Instalments, half-yearly or otherwise, the estimated so that in case of One Payment the Amount of the same, or in the Value for that Case of Instalments the Amount of each Instalment, with Interest Period. in either Case, shall not exceed the Amount of the estimated Increase in the Value of the Land to be drained or improved, as in such Award stated by the said Commissioners, for the Period allowed for such One Payment, or for the several Periods, in the Case of Instalments, allowed for the Repayment of such Instalments respectively. II. And be it enacted, That in all Cases of the Repayment by Instalments of any Sums to be awarded by the said Commissioners in respect of the Expenditure in or about the Works for any District under the said recited Acts or this Act, it shall and may be lawful for the said Commissioners (if they shall so think fit) to add to the Amount of said Sums so to be awarded the total Amount of Interest which would accrue thereon from the Date of such Award, for and during the whole Period to be allowed for Repayment of the entire Sum to be awarded, and in and by said Award to direct that the Repayment of such Interest shall be made by equal Instalments; and such equal Instalments of Interest shall be payable, together with, and in like Manner, and at like Periods, and with the like Remedies for Recovery, and subject to the same Provisions, as the Instalments of the said Sums to be awarded by the said Commissioners. Interest to accrue during Period of Repayment may be divided into equal Instalments. III. And be it enacted, That it shall and may be lawful for the Any Proprietor Proprietor of any Part of the Lands so drained or improved to pay may pay off off the Amount of Principal and Interest charged or remaining Principal, &c. due on his Portion of the said Lands, at any Time within the Period mentioned in any such Award, on giving to the said Commissioners Twelve Months previous Notice of his Intention so to do. cipal and Inte IV. And be it enacted, That in addition to all and every the Persons making Sums which by any final Award of the said Commissioners shall Default in rebe fixed and determined as the Proportions of the Sums payable paying Prinin respect of the Lands drained or improved by Drainage, or any rest for 31 Days other Work, under the Provisions of the said recited Acts or this to pay 1s. in the Act, or any of them, and the Interest on such Sums, there shall Pound as Rebe paid to the said Commissioners One Shilling in the Pound on ceivers Fees. the Security for Money, and Repayment. Proviso. Power to re- Commissioners to grant Debentures to Lenders for Principal and Interest. Form of Debenture. the total Amount of the same respectively as and for Receivers Fees thereon, to be charged, payable, and recoverable in like Manner as such Sums and Interest aforesaid: Provided always, that no Party or Person on the Lands or Property of such Party or Person shall be liable to such additional Charge of One Shilling in the Pound who shall, within Thirty-one Days next after the Time appointed by any such Award for Payment of any such Sum and Interest as aforesaid, pay the Amount thereof, to the Credit of the said Commissioners, into the Bank of Ireland, or into such other Bank as the said Commissioners may for that Purpose appoint. V. And be it enacted, That if any Sum of Money charged under the said recited Acts or this Act, or any Instalment or Part thereof, (not exceeding in Amount the Sum of Fifty Pounds,) shall remain unpaid for the Space of Thirty-one Days next after the Time appointed for Payment of the same by the Award of the said Commissioners, then, in addition to the other Powers in and by the said recited Acts or either of them, or this Act, given for the Recovery thereof, it shall be lawful for the said Commissioners to recover the same by Civil Bill against the Party or Person liable to pay the same in all such Cases as aforesaid. VI. And be it enacted, That from and after the passing of this Act, in all Cases of Monies to be borrowed and taken up at Interest by the said Commissioners under the Provisions of the said recited Acts and this Act, it shall and may be lawful for the said Commissioners from Time to Time to grant a Security in the Form of Debenture for such Monies, under the Hands and Seals of the said Commissioners, to every Person who shall advance any Sum of Money for the Purposes of the said recited Acts or this Act, every such Debenture being numbered in the Order of its Execution by the Commissioners, and setting forth the Amount of the Sum for which each such Debenture is issued, and the Rate of Interest payable for the same, and the Period to expire before the same shall upon Notice become payable, with a Reference to the Land for the Drainage or Improvement of which, or River for the Navigation of which, or the Reservoir or other Work for the Construction of which, such Sum shall have been so borrowed or taken up, and the District within which the same, or any of them, may be situate; and that every such Debenture shall be made in the following Words, or as near thereto as the Circumstances of the Case will admit : • No. 'Debenture to Lender of Money. Drainage, Navigation, and Water Power, in Ireland, 5 and • District in the County of } No. BY virtue of an Act passed in the Sixth Year of the Reign of Her Majesty Queen Victoria, intituled "An Act to promote the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland," and also of Two other Acts passed in the Ninth Year of the Reign of Her said Majesty, amending the same, we, the undersigned, being Two of the Commissioners for the Execution of the said Acts, in con |