construct any such Reservoir or Embankment as aforesaid, it shall and may be lawful for the said Commissioners, for the Purpose of defraying the Expence of constructing or maintaining such Reservoir or Embankment, to impose a Tax or Rate, annual or otherwise, not only on the Mills and Factories along or upon any such River or Stream, but also upon the Property of all and every Party or Person who, or Company which, shall derive Benefit from the making or constructing of any such Reservoir or Embankment, by taking or using, or agreeing to take or use, a Supply of Water, or an increased or more constant Supply of the same, having regard to the Benefit conferred or to be conferred on each respectively. XXV. And be it enacted, That in all Cases of Drainage, or of making or improving any Navigation in connexion with any such Drainage, under the said recited Acts or this Act, in which it shall be found by the said Commissioners practicable to improve the working Water Power of any Mills or Factories situate within the District to be defined by the said Commissioners, and where the Proprietors of such Mills or Factories possessing more than One Half of the Value of the working Water Power of all such Mills or Factories which may derive Benefit from such Works shall signify their Assent in Writing to the Execution of the proposed Works, it shall and may be lawful for the said Commissioners to execute all such Works as may be necessary for the Improvement of such Water Power, and that all and every the Powers, Authorities, and Provisions in the said recited Acts given and contained for the Execution of any Works thereunder shall be held and deemed to be applicable to the Execution of the Works which the Commissioners may deem necessary for the Improvement of such Water Power, and for the Purpose of Contributions towards the Repayment of the Costs and Expences of the Works to be executed in the District within which any such Mill or Factory may be situate; and it shall and may be lawful for the said Commissioners, in and by the Award or any Instrument or Instruments under their Hands and Seals, to assess and rate all the Mills and Factories which in the Opinion of the said Commissioners are or shall be benefited by any of the Works executed within such District, and to fix and determine the Amount of such Rate or Contribution which shall be paid by the Proprietors of each such Mill or Factory for the Improvement which shall be so effected, and also to fix and determine the Proportion in which each such Mill or Factory shall in future be rated for the Maintenance of the Works within any such District, regard being had, in fixing such Assessment and Rate and Proportion of Rate respectively aforesaid, to the Degree of Benefit conferred upon each such Mill or Factory. XXVI. And whereas, after the Construction of any Reservoir, Reservoirs, and or the Execution of Works of Drainage, or Drainage and Navi- Supply of Water gation combined, under the Provisions of the said recited Acts from other Works. or this Act, and after the making and Publication of the final Rates may be Award by the said first-recited Act directed to be made and imposed for published upon the Completion of any such Works, it may be found that by means of the Construction of such Reservoir or 'Works a Supply of Water can or may be afforded for working any Supply of Water from Reservoirs or other Works afforded after of the final Award. Mill or Factory, or for the Purpose of Navigation, Irrigation, or the Publication the Warping of Lands, or for the Supply of Towns, or for other Purposes, and it is just and right that all Persons deriving Benefit from such Supply of Water should pay for the same; be it therefore enacted, That it shall and may be lawful for the said Commissioners, from Time to Time, in addition to the final Award before mentioned, and subject to the Provisions in said first-recited Act contained with reference to such final Award (so far as same may be applicable), to make such separate Award or Instrument, in Writing under their Hands and Seals, as they shall from Time to Time find necessary, and, having regard to the Benefit conferred by such Reservoir or Works, and to the Payment of a due and fair Proportion of the Expence of the Construction and Maintenance thereof, to assess for the Amount to be contributed, or to impose a Rate or Tax on any Mill, Factory, Navigation, Lands, or Property, or any Company, Person, or Party, which or who, after the Publication of such final Award as aforesaid, shall derive Benefit from the Supply of Water afforded by any such Reservoir or Embankment, or Works for Drainage, or for Drainage and Navigation combined, under the Provisions of said recited Acts or this Act; and the Sum or Sums of Money which shall be so assessed, rated, or taxed by any such subsequent Award or Instrument in Writing as aforesaid shall be charged and recovered in like Manner in every respect as any Sum or Sums assessed, rated, or taxed by any such final Award made as aforesaid is, are, or shall be charged or recoverable under the Provisions of the said recited Acts and this Act. Reservoirs or improved Water Power; Security for Money and Repayment. Same Security for Monies as in Cases of Lands drained or improved. XXVII. And be it enacted, That in all Cases of Monies to be borrowed from and after the First Day of January in the present Year, for the Construction of any Reservoir or Embankment, or for the Improvement of any Water Power of any Mill or Factory, under the Provisions of the said recited Acts or this Act, the respective Sums of Money which by the Award to be made by the said Commissioners shall be specified as the Assessments, Rates, or Taxes to be imposed for the Construction or Maintenance of any such Reservoir or Embankment, or for the Contribution payable in respect of any Mill or Factory towards the Costs and Expences of the Works executed in any District as aforesaid, also for the Maintenance of such Works, shall be charged, with Interest (in Cases where under any such Award Interest shall be payable) at a Rate not exceeding Five Pounds per Centum per Annum, upon the Mills, Factories, Lands, or Properties which the said Commissioners by their Award shall declare to be benefited by the Construction of any such Reservoir, Embankment, or Works aforesaid, in like Manner and with like Priority, and with and subject to the like Provisions, as by this Act given and provided in respect of Monies charged on Lands in respect of Drainage under the said recited Acts or this Act; and the same respective Sums of Money, with such Interest for the same as aforesaid (where such Interest is payable), shall also be charged upon so much of any other Land situate within One Mile of any Part of any such Mill, Factory, Land, or Property to be declared by the said Commissioners benefited as aforesaid, and settled with the Mill, Factory, Land, or Property so declared to Reservoirs or improved Water Power; Security Repayment. to be benefited as aforesaid, 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 any other Land belonging to the same Proprietor, as the Mill, Factory, for Money and Land, or Property so declared to be benefited, and situate within One Mile of any Part of the same, for all his Estate and Interest existing at the Time of the Declaration required to be made by the said Commissioners previously to the Execution of any of such Works, as the said Commissioners shall, by their 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, to the full Amount of all other Incumbrances thereon affecting the same prior to the Registry of the Memorandum of such Declaration; and all the Powers, Authorities, and Provisions in the said recited Acts or either of them, or this Act, contained or provided for or relating to the Recovery and enforcing Payment of the Monies charged on Lands under the Provisions of the said Acts or either of them, or this Act, shall extend and apply to the Recovery and enforcing Payment of the Monies charged on Mills, Factories, Lands, or Property under the Provisions of this Act. Navigation. sons, or Com original Con. struction of Navigation. XXVIII. And whereas by the said first-recited Act certain 'Provision is made with regard to the Application of surplus The surplus 'Income from Tolls in respect of Navigations constructed or Income from ' improved under the said Act; and with a view to encourage the Tolls to be paid 'Formation and making of such Navigations it is expedient to in certain Cases ' amend such Provision; be it therefore enacted, That in all Cases to Counties, where the Costs of constructing or improving any such Naviga- Baronies, Pertion, with all Expences incidental thereto (including Interest on panies securing, borrowed Monies), shall have been secured by any Presentment either separately passed by the Grand Jury of any County or Counties, or by the or conjointly, Guarantee of any Person, Party, or Company, or partly by such the Cost of the Presentment and partly by such Guarantee, under said firstrecited Act or this Act, and such Costs, Expences, and Interest shall have been paid to the said Commissioners under and by virtue of such Security, the said Commissioners shall apply and pay to the Use and Benefit of the Party, Person, or Company who shall have guaranteed and paid the whole or the Part (as the Case may be) of such Costs and Expences and Interest the whole or the proportionate Part (as the Case may be) of the surplus Income which shall arise from or in respect of any Tolls, Rates, or Rents to be imposed or levied in respect of any such Navigation, after defraying all Expences incidental to the Maintenance of the Works, and the several other Matters and Things, as in said Act mentioned; and in Cases where such Costs, Expences, and Interest, or any Part thereof, shall have been secured by Grand Jury Presentment, such surplus Income, or such proportionate Part thereof, shall be paid to the Treasurer of the County or Counties respectively which shall have secured or become liable for such Costs and Expences, in the Proportions in which such County or Counties, or Part thereof, shall have contributed towards the Expence and Costs of such Navigation, and be by every such Treasurer brought to the Credit of the County, Barony, Half Navigation. If surplus In come exceed 101. per Cent. on original Out lay, Tolls to be reduced. Grand Jury or pany may secure the Cost of any Navigation, instead of the whole. In Cases where borrowed on the Half Barony, or Townlands which shall have so secured and become liable to such Costs as aforesaid, in the Proportions in which the same shall have contributed or paid as aforesaid: Provided always, that when and so soon as the Amount of such Surplus annual Income arising from such Tolls, Rents, or Rates of any such Navigation shall exceed the Rate of Ten Pounds per Centum per Annum on the original Costs of Construction thereof, and the Expences incidental thereto, including all Interest paid on Monies borrowed for such Purposes, such Rates and Tolls shall be reduced by the said Commissioners so that the Amount of such surplus annual Income arising from such Tolls, Rents, and Rates shall not exceed Ten Pounds per Centum per Annum upon the original Costs of Construction as aforesaid; provided also, that nothing herein contained shall be construed to affect the Powers of the said Commissioners under the said first-recited Act, with the Approbation of the Commissioners of Her Majesty's Treasury, to reduce all or any of the Rates or Tolls to be imposed or levied in respect of any such Navigation, and afterwards, from Time to Time, with the like Approbation, to raise the same, as in said Act provided. XXIX. And be it enacted, That in all Cases where under the said first-recited Act Provision is made for securing by Grand Jury Presentment, or by the Guarantee of any Party, Person, or Company, the full estimated Expence of any Navigation, it shall and may be lawful for any Grand Jury to secure by Presentment, or for any Party, Person, or Company to secure by Guarantee, a Portion of any such Expences as aforesaid; and it shall be lawful for the said Commissioners, if they shall so think fit, to accept such Security for a Portion of such Expences; and all and every the Powers, Authorities, and Provisions in the said first-recited Act contained for securing the full estimated Expences of the Construction or Improvement of any Navigation, or relating thereto, shall be deemed and taken to extend and shall be applied to any such Security taken for a Portion of such Expences as aforesaid. XXX. And be it enacted, That in all Cases where it shall appear to the said Commissioners that any River or Part of a River may be made navigable or the Navigation thereof improved in connexion with Drainage under the Provisions of the said firstrecited Act or this Act, and the said Commissioners shall receive such Memorial as in said first-recited Act provided, and shall receive the Assents of the Proprietors of any Portion exceeding One Half in Extent of the Land proposed to be drained or improved in connexion with the Navigation of any such River, and if they shall so deem fit, and find that the Advantages to be derived from any such Navigation would be commensurate with the Costs of the Works necessary for making such Navigation, or improving the same, and if the said Commissioners can obtain, on the Security of the Tolls and Rates to be levied in respect of such Navigation, a Loan or Advance of Money for defraying the Costs and Expences of making or improving the same, it shall and may be lawful for said Commissioners to make any such River navigable, or improve the Navigation thereof, either without the Costs of such Works being secured by any Presentment of a Grand Jury, or by any Guarantee Guarantee to be given by any Party, Person, or Company, as in the said first-recited Act required, or without requiring more than a Portion of such Costs to be so secured; and that all the Powers, Authorities, and Provisions in the said first-recited Act contained or given for or relating to the making or improving of any Navigation, or the levying or collecting or enforcing any Tolls or Rates on or in respect of the same, or to any other Matter or Thing whatsoever connected with such Navigation, or such Tolls or Rates, under the said first-recited Act or this Act, shall be held, construed, deemed, and taken to apply and extend to any such Navigation to be made or improved under this Act, or to any Tolls or Rates in respect thereof, or other Matters or Things whatsoever connected therewith. Navigation. Commissioners for Execution of any Navigation. XXXI. And be it enacted, That in either or any such Case of Commissioners Navigation as last aforesaid it shall and may be lawful for the of Public Commissioners of Public Works in Ireland acting in execution of Works, and an Act made and passed in the First and Second Years of the Reign of His late Majesty King William the Fourth, intituled An Act 5 & 6 Vict. Act for the Extension and Promotion of Public Works in Ireland, c. 9. may lend and the several Acts amending the same, or for the Commissioners Money on Secuappointed and acting under an Act passed in the Fifth Year of the rity of Tolls to be imposed on Reign of Her present Majesty, intituled An Act to authorize the Advance of Money out of the Consolidated Fund to a limited Amount, for the carrying on of Public Works and Fisheries and Employment of the Poor; and to amend the Acts authorizing the Issue of Exchequer Bills for the like Purposes, or any Act or Acts for amending the same respectively, and they are hereby respectively empowered, if they shall think fit, from Time to Time, out of any Funds at their Disposal, to lend and advance any Sum which may be necessary for the Purpose of making any such River navigable, or improving the Navigation thereof in connexion with Drainage, upon the Credit of the Rates, Tolls, and Duties to be imposed, raised, collected, and received for and in respect of any such Navigation, together with such other Security (if any) as the Commissioners of Her Majesty's Treasury shall deem fit or require: Provided nevertheless, that no Advance of Money shall No Advance be made for any of the Purposes aforesaid unless with the Consent without Consent of the Commissioners of Her Majesty's Treasury, or any Three or of Treasury. more of them; and that all such Monies so lent and advanced as Monies lent to aforesaid shall be repaid, with Interest thereon, as the said Com- be repaid with missioners of the Treasury shall direct, from and out of the Monies Interest. accruing to the Commissioners for the Execution of the said firstrecited Acts and this Act out of the Tolls, Rents, and Rates to be levied and collected out of or in respect of any such Navigation. XXXII. And whereas after the Commencement or Com- Navigations 'pletion of Works for Drainage by the Improvement of any River or Stream in any District under the Provisions of said recited Acts or this Act it may be found that by the Construction of some additional Works a useful Navigation may be made, and 'the Counties or Baronies or any Persons interested may be ' desirous of having such additional Works constructed, and such completed. 'Navigation made or improved, under the Provisions of the said ' recited Acts or this Act;' be it therefore enacted, That in case any such Navigation may be made or improved after the Com mencement may be made in Districts where Works for been comDrainage have menced or |