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of this Act will, upon its appearing to the said Master that such Sum of Money has been fully expended in making such Improvements, or in paying the Expence of obtaining the Authority of the said Court, become and be entitled to a Charge on the Land for the Repayment of the Money advanced, with Interest; provided that upon Application to the Court to confirm the Master's Report it shall be lawful for the Court, if in its Opinion the Case shall appear to require the same, to refer it back to the Master to review his Report, or to receive fresh Evidence in support of the Master's Finding, or otherwise for the Purpose of ascertaining in more satisfactory Manner whether it is proper to make the mprovements proposed under the Provisions of this Act.
Inheritance to become
VI. And be it enacted, That the Master, having granted such After EndorseCertificate as aforesaid, is to be at liberty to inquire and state what ment of MasExpences have been incurred in and about the Application to the Court, and making the necessary Surveys, Valuations, and Estimates, and also to inquire and state what Sums of Money have charged with been actually expended in such Improvements; and the Master, Expences being satisfied as to the Amount of such Expences, may endorse incurred. apon the said Certificate that it hath been made to appear to him that the whole, or such Part of the Monies so advanced as aforeaid as upon the Evidence shall appear to have been so advanced, hath been fully expended in manner aforesaid, and upon such Endorsement being made the Inheritance of the said Lands shall thereupon become and be charged with the Payment of the said Sum, with Interest as from the Time when the same was advanced; and such Charge shall have Priority over other Charges, except Tithe Commutation Rent-charges, and any Quit or Chief Rents incident to Tenure; and a Memorial of every such Certificate, charging Hereditaments in the Counties of Middlesex and Yorkshire in England, or any Hereditaments in Ireland, may in all respects be registered as Deeds are now registered in Middlesex, Yorkshire, and Dublin respectively, and without Payment of any Fee.
VII. And be it enacted, That such Certificate as aforesaid shall Certificate to be filed in the Report Office, and a Duplicate thereof, signed by be filed, and the Master, shall be delivered to the Person advancing the Money, Duplicate to be and shall be legal Evidence of his Title to the Money; and the Security shall take effect as from the granting of the Certificate.
VIII. And be it enacted, That the Money so to be advanced, or Money adso much thereof as shall from Time to Time remain unpaid, shall vanced to bear bear Interest at such Rate as shall be agreed upon, not exceeding Interest. the Rate of Five per Centum per Annum, from the Time when
the same shall be advanced, and such Interest shall be payable half-yearly.
IX. And be it enacted, That the Principal Money so to be Principal to be advanced shall be repaid by equal annual Instalments; and such repaid by equal annual Instalments shall, in the Case of Improvements by Drain- annual Instalage, warping, Irrigation, or Embankment, be not less than Twelve nor more than Eighteen in Number, and shall, in the Case of Improvements by the Erection of Buildings, be not less than Fifteen nor more than Twenty-five in Number.
X. And be it enacted, That any Person on whose Petition such Person in posCharge shall be made, and every succeeding Tenant for Life or session of Lands
other charged bound
to pay Interest, &c. during Continuance of
Works, &c. to be kept in repair by Tenant for Life, &c.
Lord Chancellor, &c. to make Orders
other Person having only a limited Interest in the Lands charged
XI. And be it enacted, That every Tenant for Life or othe Person having a limited Interest shall be bound to keep in repair any Buildings erected or built, or Embankments or Works for Irrigation constructed or made, under the Provisions of this A and as if he were Tenant for Life subject to Impeachment f Waste.
XII. And be it enacted, That for the simplifying the Proceeding under this Act, and the rendering the same inexpensive, it shal be lawful for the Lord High Chancellors of Great Britain and for facilitating Ireland respectively, or the Lords Commissioners or Keepers
Assent of Occupier requisite for Improvement of Lands held by him.
of Surveyors and other Officers.
the Great Seal respectively, with the Assistance of the Master of the Rolls of England and Ireland respectively, from Time to Time to make such Orders and Provisions as they may think proper for the facilitating the Mode of Application to the Court, and of the Proceedings before the Master or otherwise.
XIII. Provided always, and be it enacted, That where any Portion of Land proposed to be drained or otherwise improved or built on as aforesaid shall be in the actual Occupation of any Person, the Consent in Writing of such Person shall be necessary in order to give Validity to the Application of the Proprietor in respect of the Land, any thing herein-before contained to the contrary notwithstanding.
XIV. And be it enacted, That it shall be lawful for the Master either to require the Evidence of a Surveyor to be from Time Time appointed by him to make such Reports as to the Matters to be referred to him, or, if he shall think fit, to take the Evidenc of the Surveyor appointed by any Party applying to the Court: and that it shall be lawful for the Lord High Chancellors of Great Britain and of Ireland respectively, and the Lords Commissioners or Lords Keepers respectively, from Time to Time to appoint any Persons respectively as the Persons to report to or give Evidence before the Master to whom the Matter shall be referred: Provided always, that it shall be lawful for any Persons hereby authorized to apply to the Court of Chancery in Ireland to apply to the Court of Exchequer in Dublin instead of the Lord Chan hereby given to cellor, and the Lord Chief Baron of such Court shall in all respects have the same Powers as are hereby given to and vested in the Lord High Chancellor of Ireland or the Lord Commissioner or Keeper of the Great Seal of Ireland, and the Matters directed to be done by a Master of the Court of Chancery may in all respects be done and executed by the Chief Remembrancer of the said Court of Exchequer.
Chief Baron of Exchequer in Dublin to have the Powers
cellor of Ireland.
XV. And be it enacted, That this Act may be altered, amended, or repealed by any Act to be passed in the present Session of
CA P. LVII.
2n Act to extend the Indemnity of Members of Art Unions against certain Penalties.
[31st July 1845.]
WHEREAS an Act was passed in the Session of Parliament
holden in the Seventh and Eighth Years of the Reign
of Her present Majesty, intituled An Act to indemnify Persons 7 & 8 Vict. connected with Art Unions, and others, against certain Penalties: c. 109. And whereas the Indemnity secured to Members of Art Unions against the Suits, Prosecutions, Liabilities, Pains, and Penalties therein mentioned refers only to things done by them before the Thirty-first Day of July in this Year; and it is expedient to extend the same:' Be it therefore enacted by the Queen's most xcellent Majesty, by and with the Advice and Consent of the ords Spiritual and Temporal, and Commons, in this present Parament assembled, and by the Authority of the same, That all Indemnity of Persons, being Members of any such Art Union as is specified in Members of he said Act, shall be discharged and freed from all Suits and Art Unions Prosecutions, Liabilities, Pains, and Penalties, to which by Law ey might be liable, as being concerned in Lotteries, Little-goes, unlawful Games, for any thing which may be done by them any of them, as Members of such Art Union, before the First Day of August in the Year One thousand eight hundred and fortysix, touching the Purchase of any Picture or other Work of Art, or the Sale or Distribution thereof, by Chance or Lot.
II. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this present Session of Act. Parliament.
CA P. LVIII.
An Act to suspend until the First Day of October One thou-
CA P. LIX.
An Act to continue to the First Day of October One thousand eight hundred and forty-six, and to the End of the then next Session of Parliament, an Act for authorizing the Application of Highway Rates to Turnpike Roads.
[31st July 1845.]
[4 & 5 Vict. c. 59. continued as in Title.]
CA P. LX.
An Act to continue to the First Day of October One thousand
[3 & 4 Vict. c. 110. continued as in Title.]
7 & 8 Vict. c. 91.
to become County Roads.
Provision for Roads partly situated in different Counties.
Power to make new
Branch Road in Brecknockshire authorized
by 11 G. 4. &
to be made by
CA P. LXI.
An Act to make certain further Provisions for the Consolidation of Turnpike Trusts in South Wales.
[31st July 1845.] WH HEREAS an Act was passed in the last Session of Prrliament, intituled An Act to consolidate and amend the 'Laws relating to Turnpike Trusts in South Wales: And 'whereas in pursuance of the said Act certain Commissioners have been appointed to execute the Powers and Authorities thereby conferred, and to carry the same into execution; but the Powers of the said Commissioners will cease and determine by virtue of the said Act on the Twenty-ninth Day of September 'next: And whereas it is necessary that Provision should be made for carrying certain Parts of the said Act into effect after suck • Commission shall have expired, and also that some further Ent 'ments should be made for more fully accomplishing the Objec of the said Act:' 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, That from and after the passing of this Act the Pieces of Road in the Schedule marked (A.) to this Act annexed shall become and shall respectively be managed and maintained as Part of the County Roads of the Counties in which they are respectively situate.
II. And whereas the several Pieces of Road mentioned in Schedule (B.) to this Act annexed have heretofore been repaired and maintained as Parts of certain Turnpike Trusts which 'extend respectively into Two or more Counties: And wherea it is expedient that such Pieces of Road should continue to be repaired and maintained under one uniform Management, #5 heretofore;' be it therefore enacted, That the several Pieces of Road mentioned in the Schedule marked (B.) to this Act annexed shall be and shall respectively be managed and maintained, and for the Purposes of this Act and the above-recited Act be cosidered, as Part of the County Roads of the several Counties therein specified respectively.
III. And whereas by an Act passed in the Eleventh Year of the Reign of King George the Fourth, intituled An Act for more effectually repairing and improving several Roads in the Counties of Brecon, Radnor, and Glamorgan, and for making and maintaining several new Branches of Road to communicate 1 W.4. c. xxviii. therewith, the Trustees for carrying the said Act into execution were empowered, amongst other things, to make and construct a certain Line or Branch of Road commencing at or near Tavern-y-Prydd on the Turnpike Road leading from Builth to Llandovery, and thence crossing the Rivers Dulas and Irron, to Pontrhydverre, and from thence to the Turnpike Road leading from the Confines of the County of Caermarthen to Llandovery, and which said new Line of Road would extend through the several Parishes of New Church, Llangammarch, and Llanertid, subject to the Provisions and Regulations of the said Act: And whereas the said Line of Road has not yet been made, but the same, if now constructed, would afford a complete Com
munication between Builth and Llandovery, and would be otherwise beneficial to the said County of Brecknock;' be it therefore enacted, That, subject to the Provisions and Restricsions contained in the said first-recited Act, all the Powers sonferred upon the said last-mentioned Trustees by the said lastecited Act, so far as relates to the Construction of the said ast-mentioned Line of Road, shall be and the same are hereby ested in the County Roads Board of the said County of Breckock, provided that such last-mentioned Powers be exercised and be said Line of Road be constructed and made within Five Years om the passing of this Act; and such Road, when completed, all be managed and maintained as Part of the County Roads the County of Brecon.
IV. And whereas the afore-mentioned Commissioners have Awards and made certain Apportionments by the said recited Act directed Charges made to be made, and have also made various Awards and Reports by Commisto Her Majesty's Secretary of State for the Home Department, former Act and the Monies by the said Awards directed to be paid have confirmed. been paid or are in the Course of Payment;' and to avoid any Doubts as to whether in all respects the Forms and Directions
the said Act prescribed have been complied with, or as to whether the Mode or Terms of making the said Apportionments, Awards, and Reports, or the Matters contained therein, or the Manner of the Execution thereof, are in exact conformity with the Provisions of the said Act, and to give full Force and Validity to the Charges made or to be made in pursuance of the said Act, be it enacted, That all Charges made or to be made by the said Commissioners, or by One of Her Majesty's Principal Secretaries of State, as the Case may be, and purporting to be made in pursuance of the said recited Act, or of the said Act and this Act, shall after the making thereof be good and effectual in all respects whatsoever, and according to the true Intent and Meaning thereof, and notwithstanding that in certain Cases the said Commissioners may not in all respects have complied or may not hereafter comply with the precise Forms and Directions in the said Act contained, or may not have apportioned, or may not hereafter apportion, on different Counties, Parts of the Debts of any Turnpike Trust, in any Case in which the said Commissioners have given or shall hereafter give in any Report to such Secretary of State their Reasons for not having made or for not making such Apportionment, and such Reports have been or shall be approved by such Secretary of State.
V. And be it enacted, That the Public Works Loan Commis- Provision for oners may pay any Monies by the said Awards or by any future facilitating Awards directed to be paid to any Parties who it shall be made
Payments by to their Satisfaction are the Persons or Bodies beneExchequer Loan Commisficially entitled thereto, and notwithstanding any Error or Omission sioners. in the aforesaid Awards or Reports, or the Awards or Reports hereafter to be made, as to the Parties or the Names or Descriptions
of the Parties entitled thereto; and further, that all Payments Former Payalready made, and which the said last-mentioned Commissioners ments conWould have been entitled to make, and which would have been firmed. effectual if this Act had passed previously to the making of such Payments, shall be and the same are hereby confirmed.