entered, which Certificate shall be taken and allowed as Evidence of such Registry in all Courts whatsoever; and the said Duplicate Certificate so endorsed shall be transmitted by the Registrar of Deeds, or his Deputy, to the Commissioners, and the same, together with the other Duplicate Certificate, shall be transmitted as aforesaid by the Commissioners to the Commissioners of Her Majesty's Treasury, and be by them dealt with as aforesaid. XXXII. And be it enacted, That it shall be lawful for the Commissioners Commissioners for the Execution of this Act, by the Authority may sell Excheand under the Direction of the Commissioners of the Treasury, to quer Bills, and place them to sell such Exchequer Bills as may be issued for their respective the Account at Accounts at the Bank of England or at the Bank of Ireland, the Bank. and to cause the Produce thereof to be placed to the Drainage Advances and Repayment Account at such Bank. Advances to be kept. XXXIII. And be it enacted, That the Inclosure Commissioners Accounts of shall notify under their Seal to the Commissioners of Stamps and Taxes the Particulars contained in every Warrant or Order given by them for Advances, with the Date of the Payment of the same by the Bank of England; and the Commissioners of Stamps and Taxes are hereby required, upon receiving such Notification, to cause a Record thereof to be forthwith made in Books of Accounts in their Office, to be kept upon the Principle of Double Entry, debiting therein the Land in respect of which the Advance shall be made with the Amount of the same, and crediting it by the Rent-charge received from Time to Time by their Officers in respect of such Advance. Years to be charged for every 100l. advanced by Ex XXXIV. And be it enacted, That upon the Issue as afore- A Rent-charge said of any Advance by virtue of a Certificate under this Act of 64. 10s. for the Land mentioned in such Certificate shall be charged with the Twenty-two Payment to Her Majesty in respect of such Advance of a Rentcharge after the Rate of Six Pounds Ten Shillings Rent for every One hundred Pounds of such Advance, and so in proportion for any lesser Amount, and to be payable for the Term of Twenty- chequer Bills or two Years, to be computed from the Sixth Day of April or Tenth Money. Day of October which shall next happen after the Issue of such Advance, such Rent-charge to be paid by equal half-yearly Payments on the Sixth Day of April and the Tenth Day of October in every Year, the first of such Payments to be made on the second of such Days which shall happen next after the Issue of such Advance in respect of which the Rent-charge shall be charged. XXXV. And be it enacted, That every Rent-charge which Rent-charge in shall become charged on Land by virtue of this Act shall, where England, how the same shall be charged on Land in England, be recoverable by recoverable. the Commissioners of Stamps and Taxes for the Time being by the same Means and in the like Manner in all respects as a Rentcharge in lieu of Tithes if charged on the same Land under the Act of the Seventh Year of King William the Fourth, intituled An Act for the Commutation of Tithes in England and Wales, 6 & 7 W. 4. c.71. would be recoverable, and as if such Rent-charge under this Act were a Rent-charge in lieu of Tithe made payable to Her Majesty under the said Act of the Seventh Year of King William the Fourth; and that any Rent-charge which shall become charged Rent-charge in on Land in Ireland by virtue of this Act shall be recoverable in Ireland, how the Name of Her Majesty by the same Means and in the same Manner, recoverable. 1 & 2 Vict. c. 109. Rent-charge in Scotland, how recoverable. Advances under this Act not to be deemed a Contravention Entail. Manner, and with the like Remedies for the Recovery thereof, in all respects as a Rent-charge in lieu of Tithe charged on the same Lands is now recoverable under and by virtue of an Act passed in the Session of Parliament holden in the First and Second Years of the Reign of Her present Majesty, intituled An Act to abolish Compositions for Tithes in Ireland, and to substitute Rent-charges in lieu thereof, and the several Acts passed for amending the same; and such Rent-charges in England and Ireland respectively shall be subsequent in order of Charge to any Rent-charge payable in lieu of Tithe, and to any Quit Rent or Chief Rent incident to Tenure, but shall have Priority to all other Charges on the same Land; and every Rent-charge which shall become charged on Land by virtue of this Act shall,. where the same shall be charged on Land in Scotland, be recoverable by the same Means and in the like Manner in all respects as any Feu Duty or Rent or annual Rent, or other Payment payable to Her Majesty out of the same Lands, would be recoverable, but shall be subsequent in order of Charge to any Feu Duty, but shall have Preference over all other Charges on the same Land: Provided always, that if no legal Proceedings shall have been adopted for the Recovery of any such Rent-charge within Three Years after the same shall have become payable, such Preference shall not have place in regard to such Rent-charge. XXXVI. And be it enacted, That no Proprietor of an entailed Estate in Scotland shall be held to have contravened the Conditions of the Entail by reason of having availed himself of the of Conditions of Provisions of this Act; and no Rent-charge imposed or created on any entailed Lands in Scotland under the Authority of this Act shall be made use of as a Ground for adjudging, selling, or evicting such Lands, or any Part thereof, contrary to the Provisions and Conditions of the Entail, but every such Rent-charge shall be a good and effectual Charge upon and against such entailed Lands to every other Effects, and upon and against the Rents and Profits thereof. Rent-charge XXXVII. And be it enacted, That the Rent-charge by virtue not to preclude of this Act to be charged on any Land shall not be deemed such Trustees from an Incumbrance as shall preclude a Trustee of Money held in investing Money in the Purchase trust to be invested in the Purchase of Land, or to be invested or Mortgage of on Mortgage, from investing the same in a Purchase of or upon a Land charged. Mortgage of such Land so charged, unless the Terms of such Trust shall expressly provide that the Land to be so purchased or taken in Mortgage shall not be subject to any Rent-charge under the Provisions of this Act. Tenants for XXXVIII. And be it enacted, That every Owner of Land on whose Application a Rent-charge shall have become charged under this Act, and every succeeding Heir of Entail, Tenant for Life, or Life-renter, or other Person having a limited Interest in the Land charged, shall, as between such Person and the Persons in remainder or reversion, be bound to pay the half-yearly Payments of such Rent-charge which shall become payable during the Continuance of his Interest, and, in case he shall be in the actual Occupation of or entitled to an apportioned Part of the Rents and Profits of such Land up to the Time of the Termination of his Interest, shall also be bound to pay an apportioned Part of the half-yearly Payment of such Rent-charge which shall become due next after the Termination of his Interest proportioned to the Time which shall have elapsed between the Day of the previous half-yearly Payment and the Day of such Termination. XXXIX. And be it enacted, That so long as any Land shall Drains and Outcontinue charged with any such Rent-charge the Person for the falls to be mainTime being bound to pay the half-yearly Payments of such Rent- tained. charge shall be bound to uphold the Drains on account of which the Lands shall have been charged therewith, and to keep clear and open the Outfalls of all such Drains, and shall once in every Year certify to the Commissioners for the Execution of this Act the State of such Drains and Outfalls, and in default of so keeping and upholding the said Drains and Outfalls shall be liable to an Action on the Case in the Nature of an Action of Waste for the Damage thereby occasioned, at the Suit of the Person then entitled to the next Estate in remainder or reversion in the said Lands rendering him liable to the Payment of the said Rent-charge on the Determination of the Estate in possession. XL. And be it enacted, That if any Tenant or Occupier at a Rent in Great Britain shall join in the Application for an Advance under this Act, or shall by Writing under his Hand signify to the Commissioners, or to any Assistant Commissioner, Engineer, or Surveyor, his Consent or Agreement to become charged with the Rent-charge, or an apportioned Part thereof, as herein-after mentioned, in respect of the Advance to be made upon such Application, such Tenant or Occupier shall during his Tenancy be liable to pay such Rent-charge, or an apportioned Part thereof, as herein after mentioned; and in case the Application shall be made for an Advance in respect of the Drainage as well of other Land as of the Land included in such Tenancy, the Commissioners may, upon such Concurrence, Consent, or Agreement of the Tenant or Occupier, by their Provisional or any other Certificate, or by a separate Order of Apportionment, declare what Portion of the whole Rent-charge payable in respect of such Advance shall be payable by such Tenant or Occupier during his Tenancy in respect of the probable Improvement of the Land included in such Tenancy; but, except as aforesaid, every Tenant or Occupier who shall pay such Rent-charge shall be entitled to deduct the Amount thereof from the Rent payable by him to the Owner of the Land and shall be allowed the same in account with such Owner; or in case, as regards Lands in Ireland, there shall be any Landlord or Landlords having an Estate or Estates, Interest or Interests, intermediate between such Tenant or Occupier and the Owner of the Land, as herein-after defined, then such Tenant or Occupier shall be entitled to deduct the Amount so paid by him from the Rent payable by him to his next intermediate Landlord; and such Landlord, in case he shall not have joined as aforesaid in such Application, and shall not have signified as aforesaid his Consent or Agreement to become charged with the Rent-charge as aforesaid, may deduct the Amount so deducted from him from his next immediate Landlord, if any, and so on a similar Deduction or successive Deductions shall be made until the Amount so paid shall be deducted from the Owner of the Land, or from some LandTt 2 lord de Tenant may duct Rentwhere he may have agreed to pay the same. charge, except Proportion of Rent-charge payable by Tenant or Occupier concur ring in an Application for an Advance in Ire land to be settled by Com missioners, if the Tenant or so desire. lord who shall have so joined in such Application, or shall have so signified such Consent or Agreement as aforesaid. XLI. Provided always, and be it enacted, That if any Tenant or Occupier at a Rent in Ireland shall join in the Application for an Advance under this Act, or shall, by Writing under his Hand, signify to the Commissioners, or to any Engineer, Surveyor, or other Officer acting under their Authority, his Consent or Agreement to become charged with Rent-charge in respect of the Advance to be made upon such Application, it shall be lawful for such Tenant or Occupier in such Application, or by such Writing as aforesaid, or by some other Writing under his Hand, to signify to the Commissioners, or to such Engineer, Surveyor, or other Occupier shall Person acting under such Authority as aforesaid, his Desire that the Lands of which he shall be such Tenant or Occupier shall be chargeable with such Share only of said Rent-charge as shall be proportionate to the Improvement of the Lands of which he shall be so Tenant or Occupier to be affected by the Works for which such Advance shall be applied for, such Share to be determined by the Commissioners in the Manner provided by this Act; and in every such Case the Commissioners shall in their Certificate, of which Duplicates shall be so given as aforesaid, determine the Share and Proportion of such Rent-charge to be chargeable upon the Lands of such Tenant or Occupier, having regard to the Term, Estate, or Interest of such Tenant or Occupier therein, and all the Circumstances of the Case, and thereupon such Share only of said Rent-charge shall be charged upon such Lands accordingly: Provided always, that before such Certificate shall be perfected by the Commissioners a Draft thereof shall be made, and a Copy of such Draft shall be deposited with the Clerk of the Peace for the County in which such Lands of such Tenant or Occupier shall be situated, which Copy the Clerk of the Peace of said County shall be authorized and required to receive, and any Person shall have Liberty to inspect and take a Copy of the same on Payment of Sixpence; and a Copy of such Draft shall also be delivered to such Tenant or Occupier, or left at his Place of Abode, if known, and if not at the principal Dwelling House upon such Lands, with a Notice requiring the Tenant or Occupier of such Lands, in case he shall object to such Draft, to lodge Objections to the same at such Place within the Barony in which such Lands shall be situate, and before such Time as shall be specified in such Notice, not being less than Three Weeks from the Delivery or Service of the same; and the Commissioners shall also state in such Notice that they, or One of them, will proceed to hear any Objections which may be lodged, and to settle the Certificate, at such Time and Place, in or near such Barony, as shall be specified in such Notice, such Time not to be sooner than One Calendar Month from the Delivery or Service of such Notice; and the Commissioners, or One of them, shall attend at such Time and Place as they or he shall so appoint, and shall examine into the Truth of any Objection which shall be so lodged to the Draft of the Certificate, and shall hear all such proper Evidence as may be offered to them or him in respect thereof, as they or he shall think fit, and may adjourn such Attendance from Time to Time, and shall settle and sign such such Draft Certificate; and the Certificate of which such Duplicate shall be so given as aforesaid shall be conformable in every respect to such Draft, and the same when sealed and delivered or transmitted in duplicate as aforesaid, shall be final and conclusive as to all the previous Proceedings in reference to such Lands, and such Tenant or Occupier thereof, and as to the Share of said Rent-charge to be charged upon the Lands of such Tenant or Occupier Provided always, that nothing herein contained shall prevent the said Rent-charge from being apportioned in manner herein-after mentioned, in case such Tenant or Occupier shall not so signify such Desire as aforesaid, or so far as such Apportionment as herein-after mentioned shall not affect the Term, Estate, or Interest of such Tenant or Occupier. XLII. And be it enacted, That the Rent-charges which shall become charged on Lands in Great Britain under this Act shall be collected by the Officers appointed for the Receipt of the Land and Assessed Taxes for the several Districts in which such Lands shall be situated, under such Rules and Directions as the Commissioners of Stamps and Taxes shall from Time to Time make or give in that Behalf; and the Monies payable in respect of such Rent-charges shall be deemed Monies under the Care and Management of the Commissioners of Stamps and Taxes, and the said Commissioners shall make such Allowances in respect of the Collection or Receipt thereof as the Commissioners of the Treasury shall direct; and all the Monies so collected shall be in every Case notified by the Officer receiving the same to the Commissioners of Stamps and Taxes, and remitted to their Receiver General, who shall keep a separate Account thereof, and shall, after Payment thereout of such Sums as may be authorized by the Commissioners of the Treasury for defraying the Expences attending the Execution of this Act, pay over the Balance on the said separate Accounts from Time to Time, on the usual Days of Payment of the Revenue of Stamps and Taxes, to the Account of the Bank of England to be opened under the Authority of this Act for Drainage Advances and Repayments; and such Monies when so paid by the said Receiver General shall be transferred by the Governor and Company of the Bank of England to the Account kept by the said Governor and Company with Her Majesty's Exchequer as Repayments for Drainage Advances, to be carried to and form Part of the Consolidated Fund of the United Kingdom of Great Britain and Ireland on the Books of the Comptroller General of Her Majesty's Exchequer. Rent-charges to be collected by Collectors of Land and Assessed Taxes in Great Britain. XLIII. And be it enacted, That the Rent-charges which shall Rent-charges to become chargeable on Lands in Ireland under this Act shall be be collected by collected, by the several Collectors of Excise in Ireland for the Collectors of several Districts wherein such Lands shall be situated, in the Excise in Iresame Manner as Quit and Crown Rents are now received by such Collectors; and the Monies payable to such Collectors shall be by them paid into the Bank of Ireland to the Credit of the Paymaster of Civil Services. land. XLIV. And be it enacted, That if it shall be represented to the Rent-charges Commissioners that the Land charged with any Rent-charge under may be appor this Act is occupied in separate Farms, or shall have become the tioned. Property of separate Owners, or that the Owner thereof is entitled Tt 3 thereto |