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such Company in the County where any Lands the Subject of such Miscellaneous. Complaint are situate, shall be deemed good Service of the same

on the said Company.

to have their

XLIII. And whereas it is expedient to allow Proprietors of Proceedings * Land, when unanimous, to execute certain Works instead of the where ProprieCommissioners;' be it enacted, That in any Case in which all tors unanithe Proprietors of any Lands proposed to be drained shall unanimously desire mously apply by Memorial to the said Commissioners pursuant to Lands drained. the Provisions of the said recited Acts or of this Act, and shall, together with such Memorial, furnish to the said Commissioners a Consent in Writing, signed by themselves, and by all the Occupiers of the Lands proposed to be drained or improved, and shall furnish to the said Commissioners the Funds requisite for defraying all the preliminary Expences necessary to be incurred under the Provisions of the said recited Acts or of this Act, it shall be lawful for the said Commissioners to cause to be made such Survey, Inquiries, Examinations, Maps, Plans, Sections, and Estimates respecting such Works, and such Report thereon, as by the said recited Acts and by this Act are directed to be made, and shall cause the same respectively to be deposited for Inspection, pursuant to the Provisions of the said recited Acts and of this Act; and in case all such Proprietors and Occupiers shall thereupon unanimously assent in Writing to the Execution of the proposed Work, and the Declaration and all other Proceedings thereon shall have been made and concluded, and the final Notice shall be given, pursuant to the Provisions of the said recited Acts and of this Act respectively, it shall be lawful for all the said Proprietors, or for any One or more of them, having first obtained the Consent in Writing of all the others in that Behalf, to undertake the Execution of the said Work, and to make and complete the same out of his or their own proper Funds, according to and in conformity with the Plans, Sections, and Specifications so approved of by the said Commissioners; and when all such Works shall have been fully executed and completed to the Satisfaction of the said Commissioners, in conformity with the said Plans, Sections, and Specifications, it shall be lawful for the said Commissioners to draw up and make their Award in like Manner as if the said Works had been executed by the said Commissioners under the said recited Acts and this Act; and all the Provisions of the said recited Acts and of this Act, in relation to an Award to be made in Cases where the said Commissioners shall have caused any Work to be executed, shall apply to such last-mentioned Award, so far as the same may be applicable thereto; and the respective Sums of Money which by such Award 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 executed in the Manner last aforesaid, conformable to the said Plans, Estimates, and Specifications, and not exceeding the Sum mentioned in such Estimates, or such further Sum or Sums as the said Commissioners shall direct or approve of, in or about such Drainage or Improvements as aforesaid, with Interest for such respective Sums, at a Rate not exceeding Five Pounds per Centum per Annum, to be specified in such Award, to be payable and computed from the Time or Times for that Purpose to be

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specified

Miscellaneous.

Interpretation.

specified therein, shall be charged in favour of the Person or Persons who shall by such Award be declared entitled thereto, and shall be secured, recovered, and raised or levied, in like Manner, and with the like Remedies, and by the like Means and Proceedings, as are given or provided by the said Acts and this Act in relation to the charging, securing, recovering, raising, or levying of the respective Sums of Money to be specified in any Award to be made under the said recited Acts or this Act, and, when received, recovered, raised, or levied, shall, after deducting all such Costs and Charges of the said Commissioners as shall not be recovered from the Lands or Persons liable thereto, be paid to the Person or Persons entitled thereto, or to his or their Executors or Administrators, according to the Proportions specified in such Award: Provided also, that it shall be lawful for the Proprietor or Proprietors who shall so execute such Works pursuant to the Provisions last aforesaid, or his or their Executors or Administrators, to proceed in the Names of the Commissioners, or of the Secretary of the said Commissioners, but with the Consent of the Commissioners first to be obtained in Writing for that Purpose, and upon full Indemnity to them, and at the Costs of such Proprietor or Proprietors, or his or their Executors or Administrators, for Recovery of the several Sums to which he or they shall and may be entitled under such Award: Provided always, that in any Case or Cases wherein any Mill or Factory is to be altered, removed, or injuriously affected, or where any existing Navigation is to be affected or altered, or any new Navigation created, it shall not be lawful for any Person or Persons, save the said Commissioners, to make or execute any such Drainage as last aforesaid, or any Works for that Purpose, or any Part thereof, although all the Proprietors of the Lands to be drained or improved by such Works as last aforesaid shall have unanimously consented that the same shall be executed by them or One of them: Provided also, that no Portion of any Work or Works the Expences of making or executing whereof shall be charged upon or payable out of the Funds of any County or Counties, or be raised or levied by Presentment of any Grand Jury in Ireland, shall be made or executed by any such Proprietor or Proprietors under the Powers last aforesaid.

XLIV. And be it enacted, That the said recited Acts shall continue and be in full Force and Effect, save and except so far as the same are or either of them is altered by or inconsistent with this Act; and that the said recited Acts and this Act shall be construed together as One Act, and the Provisions of the said recited Acts shall, subject to the Variations made by this Act, and all Powers and Authorities of every Nature and Kind, and all Punishments imposed for the Commission or Omission of any Act done or forbidden to be done in and by the said recited Acts, be applied to this Act, so far as the same are applicable and not inconsistent with the Provisions of this Act; and that in the Construction of this Act, except where the Nature of the Provision or the Context of this Act shall exclude such Construction, the Words "Lands," "River," "Person or "Persons," "Proprietor" or "Proprietors," and "Counties," shall be construed to extend and be applied as in said recited Acts respectively directed and pro

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summary Proceedings.

vided; and the Word "Declaration" in this Act shall mean the Miscellaneous. Declaration required to be made by the said Commissioners previously to the Commencement of any Works under the Provisions of the said recited Acts or this Act; and the Words "final Award" in this Act shall mean the Award required to be made by the said Commissioners after the Completion of any such Works; and every Word importing the Singular Number only shall extend and be applied to several Persons and 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; the Words" said Commissioners" shall mean the Commissioners, or (save where otherwise provided) any Two of them, acting in execution of the said recited Acts and this Act. XLV. And whereas by reason of the Failure or Destruction Provisions for ' of a Portion of the Potato Crop of the last Season in Ireland 'there is Reason to apprehend that in certain Districts great Dis'tress may, during the ensuing Spring and Summer, prevail among No Works shall the labouring Classes of the Population; and it is expedient, be undertaken with a view to alleviate such Distress, by Provisions of a more under following summary Nature than herein-before contained, to give for Part Provisions, unof the present Year increased Facilities and Powers for com- less Assents be 'mencing without Delay and carrying on various Works of Utility obtained before 1st August 'connected with the Drainage and Improvement of Lands in such 'Districts, whereby remunerative Employment may be afforded to the labouring Classes;' be it therefore enacted and declared, That the Provisions herein-after contained shall be called and deemed to be "Provisions for summary Proceedings" under this Act, and that no Work shall be undertaken or commenced under such Provisions for summary Proceedings as to the Execution of which Work the Assents of the Proprietors of Lands, as required by the Provisions of this Act herein-before contained, shall not have been given or obtained before the First Day of August in the Year One thousand eight hundred and forty-seven.

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1847.

Commissioners to have such

Lands drained or improved under this Act.

XLVI. And be it enacted, That for the Purpose of such summary Any Proprie Proceedings it shall be lawful for any Proprietor or Proprietors of tors of Lands any Land or Part of any Land liable to be flooded or injured by Water, may apply to the or capable of being drained, or the Drainage whereof may be capable of being improved, to apply by Memorial to the said Commissioners, stating the Nature and Extent of such Land, and praying that the same may be drained, or the Drainage thereof may be improved, under the Provisions of this Act, and by such Memorial undertaking to pay to the said Commissioners the Costs and Expences of the preliminary Inquiries, under the Provisions for summary Proceedings under this Act, as to the Works for such Drainage or Improvement, in the event of such Works not being proceeded with by the said Commissioners.

XLVII. And be it enacted, That for the Purpose of such sum- The Commismary Proceedings, when any such Memorial as last aforesaid shall sioners may be presented, or any Memorial for any such Purposes, under the cause a presaid first-recited Act, shall, before the passing of this Act, have liminary Investigation to be been presented to the said Commissioners, it shall be lawful for made in a sumthe said Commissioners to cause such preliminary Examination mary Way, and and obtain a Report

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Provisions for

summary Proceedings.

A Copy of the Report of their Opinion thereon to be lodged for Inspection, and Notice thereof to be given.

Such Notice

shall require the Proprietors of Lands to be

drained to furnish their Assent

or Dissent.

If the Pro

prietors of more than Half of the

Lands assent, a final Notice may be given.

and Inquiry as they shall think fit to be made by some Engineer, Surveyor, or other competent Person, or to examine and adopt any Survey or Report which shall have been made, and cause to be ascertained in a summary Way the Extent of the Lands to be drained or improved, the probable Cost and Expences of such Drainage or Improvement, and the probable Benefit to result therefrom, together with the Names of the reputed Proprietors of the Lands to be so drained or improved; and if upon any such Report it shall appear to the Satisfaction of the said Commissioners, that the Benefit to result from such Works would be commensurate with the Amount of the estimated Cost of the Works, and incidental Expences connected therewith, they shall cause a Copy or Copies of such Report, with their Opinion thereon, to be lodged at some Place in or near such Lands for public Inspection for the Space of Two Weeks, and cause Notice thereof, and of the Place or Places at which such Copy or Copies of such Report shall have been lodged, to be given in any Newspaper circulating in the County or Place in which such Lands shall be situate, and to be posted on the usual Places for posting Grand Jury Notices in or near the said Lands, and otherwise as they shall think fit.

XLVIII. And be it enacted, That in and by such Notice as last aforesaid all Proprietors (as defined under the said firstrecited Act) of such Lands so to be drained or improved shall be called upon to furnish in Writing, either by themselves or their known Agents, to the said Commissioners at their Office in Dublin, or to some Person by the said Commissioners authorized, their Assent to or Dissent from the proposed Drainage or Improvement on or before a Day to be named in such Notice, not less than Three Weeks from the Day on which such Report shall have been lodged as aforesaid; and if before or at the Expiration of the said Period the said Commissioners shall ascertain that the Assent in Writing of the Proprietors (as defined in the said firstrecited Act, with the Consent of the Tenants, if any, as by the said Act required in that Behalf,) of more than One Half in Extent of the Lands so to be drained or improved shall have been given to the said proposed Works, the said Commissioners, if they shall so think fit, shall cause to be published in the Dublin Gazette, and also in the Manner herein as to such Notice aforesaid directed, a final Notice, stating that all the Preliminaries required by the Provisions for summary Proceedings under this Act have been complied with, which Proceedings shall be binding and conclusive upon all Parties and Persons whomsoever; and Proof of the Publication of such final Notice as aforesaid shall be sufficient Evidence that such final Notice was duly given, and that all the Requisitions of this Act in relation thereto were complied with: Provided always, that in any Case in which the said Commissioners shall be of opinion that such Period of Three Weeks last aforesaid limited for furnishing the Assents or Dissents of Parties as to any such Works is, under the particular Circumstances of such Case, insufficient, it shall be lawful for the said Commissioners, if they shall so think fit, to extend such Period for an additional Period of Two Weeks, so that such additional Period shall not in any Case extend beyond the First Day of August in the Year One thousand eight hundred and forty-seven.

XLIX. And

XLIX. And be it enacted, That from and after the Publication After such final of any such last-mentioned final Notice in manner aforesaid the Notice the said Commissioners may, in case it shall seem to them expedient, Powers and Provisions of commence and proceed with the Works which they may consider the Drainage necessary for the Drainage, or Improvement by Drainage, of the Acts may be Lands or District to which such final Notice shall relate; and all applied for the and every the Powers, Authorities, and Privileges vested in or Purposes of this given to the said Commissioners by the said recited Acts or this Act. Act, and the several Provisions in the said Acts or this Act contained, shall and may be used and exercised by the said Commissioners, and applied, as far as the same are or shall be respectively applicable, to and for the Purposes of the Provisions for summary Proceedings under this Act, and to and for the borrowing and securing of Money, the charging of Lands, the Execution of the Works, the Repayment and Recovery of the Costs and Expences thereof, the providing for, sustaining, upholding, and maintaining the Works, and all other Proceedings whatsoever in relation thereto respectively, and to any other Matter or Thing authorized and empowered to be done under the Provisions of the said recited Acts or this Act, and necessary in the Opinion of the said Commissioners for carrying into full Effect the Purposes of this Act: Provided always, that nothing herein contained shall be construed to require the said Commissioners, for the Purposes of the Provisions for summary Proceedings under this Act, to take any other Proceedings, or do any other Act previous to the issuing of any such last-mentioned final Notice, than by the said Provisions for summary Proceedings under this Act are required: Provided also, that the Period from which any such Charge of Money on Lands shall take effect or have Priority in respect of Works undertaken under the Provisions for summary Proceedings under this Act shall be the Period of the Date of such lastmentioned final Notice in respect of such Lands, and instead of the Date of the Declaration or the Registry of the Memorandum of such Declaration as in this Act before provided in respect of Lands to become chargeable.

per Acre to be

L. Provided always, and be it enacted, That in the Case of No greater any Works commenced, undertaken, and carried on under the Pro- Amount than at visions for summary Proceedings under this Act, no greater the Rate of 31. Amount of Money shall be expended on the said Works than a expended under total Sum equal to an Amount calculated at the average Rate of Provisions for Three Pounds Sterling for each and every Statute Acre of Land summary Proso to be drained or improved by such Works as aforesaid, until ceedings. and unless all the Assents which by this Act are herein-before required in relation to Works carried on under the Provisions of the said recited Acts or this Act shall have been again given or obtained to and for the further Execution or final Completion of the Works necessary in the Opinion of the said Commissioners

for such Drainage or Improvement as aforesaid; but if at any The Works may Time all such Assents as last aforesaid shall have been again be afterwards given or obtained, such Works commenced, undertaken, and carried carried on acon under the Provisions for summary Proceedings under this Act cording to the general Promay be further carried on, executed, and completed, at such further visions of the Cost and Expence as shall be necessary in the Opinion of the said Drainage Acts. Commis

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