Judgment, if such Imprisonment shall not have commenced under such Execution, shall be reckoned to begin from the Day when such Defendant or Defendants shall be in actual Custody under such Judgment; and if the Defendant or Defendants shall have been discharged from Imprisonment in manner herein-before provided, such Defendant or Defendants shall be liable to be imprisoned for such further Period as, with the Time during which such Defendant or Defendants may already have been imprisoned under such Execution, shall be equal to the Period for which such Defendant or Defendants was or were so adjudged to be imprisoned as aforesaid. sonment IV. And be it declared and enacted, That when the Judgment Payment and shall have been for Payment of a Fine, and Imprisonment until Recovery of such Fine be paid, either with or without Imprisonment for a a Fine not to certain Time, and the Defendant or Defendants shall have paid prevent Imprithe Fine, or the same or any Part thereof shall have been levied, Fine again paid. and shall have been received back, under the Provisions hereinbefore contained, and the Judgment upon Writ of Error brought shall be affirmed, the Defendant or Defendants shall not be entitled, by reason of such Payment as aforesaid, to be discharged from Imprisonment, notwithstanding the Expiration of any certain Time of Imprisonment for which the original Judgment shall have been given, until the Fine shall be again paid. V. And be it enacted, That if the Court in which any such Writ Writ of Error of Error shall be pending shall upon Motion in that Behalf decide to be quashed that the Defendant or Defendants by whom it shall be brought has in case of Delay or Neglect or have wilfully delayed or neglected to prosecute the same with to prosecute it. Effect, it shall be lawful for such Court to order the Writ of Error to be quashed, and thereupon the Defendant or Defendants who brought such Writ of Error shall be liable to Execution upon the Judgment. VI. And be it enacted, That this Act shall not extend to Extent of Act. Scotland. VII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament. CA P. LXIX. An Act to amend an Act of the Sixth Year of Her present WHEREAS by an Act passed in the Sixth Year of the Reign Act. of Her present Majesty, intituled An Act to promote the 5&6 Vict. c.89. Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland, it is amongst other things enacted, that if the Proprietors of Two Thirds or more in Extent of the Lands proposed to be drained or improved by Drainage under the Provisions of the said Act should have assented in Writing to the Execution of the proposed Works, the Commissioners acting in execution of said Act should make and sign a Declaration describing the Lands proposed to be drained or improved, and declaring the then actual Value thereof, and the Increase in such Value by means of the proposed LI 4 Works, Works, and the Proportion in which such Lands should be 'chargeable towards the Expence of the proposed Works, such Proportion being fixed according to such actual Value and such 'estimated Increase as aforesaid, and also stating the several ⚫ other Matters and Things in and by the said Act authorized and required; and it is by the said Act further enacted, that it 'should and might be lawful for the Commissioners appointed under the said Act, from Time to Time as Occasion should require, to borrow and take up at Interest any Sum or Sums of Money required for defraying the Costs, Charges, and Expences to be incurred by them in the Execution of any Works for the Drainage and Improvement of any Land, or the Navigation of any River, or the Formation of any Reservoir under or by virtue of the said Act, and that the Repayment of such Sum or Sums of Money, with Interest at a Rate not exceeding Five Pounds per Centum per Annum, should be secured to the Party lending the same upon the Monies accruing to the said Commis⚫sioners under or by virtue of the Award to be made by the said • Commissioners as in the said Act mentioned; and it is in and by the said Act further enacted, that as soon as conveniently might be after any Works for the Drainage or Improvement of any 'Land or the Navigation of any River under the said Act, or any other Work by the said Act authorized, should have been com'pleted, the Commissioners should draw up an Award or Instru'ment in Writing in the Manner and Form therein particularly ⚫ mentioned and described, and that the respective Sums of Money which by the Award of the said Commissioners should 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 Act, towards the total Amount of the Sums expended in and about 'such Drainage or Improvements, as aforesaid, with Interest for such respective Sums of Money at a Rate not exceeding Five • Pounds per Centum per Annum from the Date of such Award, should 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 Incumbrances on such Land: Provided nevertheless, that any Quit or Chief Rent issuing thereout, or other Incumbrance thereon, previously to the Date of the said Award, should have Priority to such Charges to the Extent of the Value of such Land before the Improvements were effected, but no further; and the same respective Sums of Money, with such Interest for the same as aforesaid, should 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, as the said • Commissioners should by their said Award, or any Instrument under their Hands and Seals 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, to the full Amount of all Incumbrances affecting the same prior to the Date of the said Award: And ' whereas 'whereas Applications have been made to the said Commissioners for the Drainage of Land, and the Improvement of Navigation ' and Water Power of several Rivers and Lakes, in Ireland, and Undertakings and Works for those Purposes are now in ' progress under the Direction of the said Commissioners: And whereas it is expedient and just that the Monies to be charged ⚫ upon Lands by any such Award as aforesaid shall take Priority and have Effect as to such Lands from the Date of the said 'Declaration in and by the said Act authorized, instead of the Date of the said Award; and for the more effectual Attainment ⚫ and Extension of the Benefits likely to arise from the said Act it is expedient to facilitate the raising of Monies for the Pur'poses thereof, and to amend the said Acts in certain other ' respects as 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, That in the Case of all Loans to be effected and Declara- Apportioned tions to be made by the said Commissioners after the passing of Expences of this Act, under the Provision of said recited Act or this Act, the Works to be charged on respective Sums of Money which, by the Award to be made by Lands. 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 Act or this Act, towards the total Amount of the Sums expended in and about such Drainage or Improvements as aforesaid, with Interest for such respective Sums of Money at the Rate not exceeding Five Pounds per Centum per Annum, 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 Incumbrances on such Land, save only that any Quit or Chief Rent issuing thereout, or other Incumbrance thereon, previously to the Date of the Memorandum of the Registry of such Declaration, as by this Act authorized and directed to be made by the said Commissioners, shall have Priority to such respective Sums of Money so charged to the Extent of the Value (as stated by the said Commissioners in any such Declaration) of such Land before the Improvements were commenced, but no further; 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, as the said Commissioners shall by the 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, to the full Amount of all Incumbrances affecting the same prior to the Registry of the Memorandum of such Declaration. II. And Provisions in recited Act as The Proprietors may give other Security in lieu of the Lands so situate. The whole of the Lands be described in The Commis Memorandum of Declaration to be drawn up and registered. II. And be it enacted, That the Provisions in the said recited Act and this Act contained relating to the Charge of any Monies or Interest on Land situate within One Mile of any Part of the Land drained or improved shall be deemed and construed to extend and apply to all Land belonging to the same Proprietor, as the Land so drained or improved, situate within One Mile of any Part of the Lands so drained and improved, for all his Estate and Interest existing at the Time of such Declaration of the said Commissioners as aforesaid. III. And be it enacted, That if any Proprietor shall prefer to give other Security in lieu of the Lands so situate within One Mile of the Lands drained or improved as aforesaid, such Security shall be given within a Time to be fixed by public Notice by the Commissioners previous to the Date of the Declaration aforesaid, any thing in the said Act to the contrary notwithstanding. be IV. And be it enacted, That the Extent of the whole of the Land or Premises which, under the Provisions of said Act or chargeable shall this Act, may become chargeable with the Monies expended in the Declaration. Pursuance of the Provisions thereof, shall be entered, stated. or described in every such Declaration, as herein-before mentioned, to be made by said Commissioners; and when such Declaration shall be finally settled a Copy thereof shall be printed, and deposited with the Clerk of the Peace, as in said Act directed. V. And be it enacted, That so soon as conveniently may sioners to cause after the making of any such Declaration as in and by the said recited Act or this Act authorized as aforesaid the said Commissioners shall draw up a Memorandum or Instrument in Writing, setting forth therein the several Lands (with the County, County of a City or Town, and Barony or Parish in which the same may be situate) which shall be the Subject of or contained in such Declaration, and also setting forth the Proprietors of such Lands respectively, and which Memorandum or Instrument shall be signed and sealed by the said Commissioners, and be in the Form in the Schedule marked (B.) to this Act annexed, or as near thereto as the Circumstances of the Case will admit; and the said Commissioners shall at the same Time sign and seal a Memorial of such Memorandum or Instrument, directed to the Registrar for registering Deeds, Conveyances, and Wills in Ireland, and cause the Memorial of such Instrument to be registered in the Office for Registry of Deeds in the City of Dublin; and the Registrar of said Registry Office, his and their Assistant, Deputies, and other Officers, are hereby authorized and required to receive and register the same in such and the same Manner as any Deeds or Instruments are registered in said Office, and enter all such Memorials of such Instruments in the Abstract Books and Indexes of or relating to Memorials registered and kept in the said Offices, subject to the Payment of such Fees as may now be lawfully demanded and received upon the Registry of Memorials of Deeds Declarations in the said Office. VI. And be it enacted, That the said Commissioners shall, heretofore made within Three Months from the passing of this Act, draw up to be registered. Memorandums or Instruments in Writing in the Manner and Form aforesaid, or as near thereto as the Circumstances of each Cast Case will admit, of the several Declarations heretofore by them made under the Provision of the said recited Act, and Memorials thereof respectively, and cause the said Memorials to be entered and registered in the Register's Office for registering of Deeds in the City of Dublin in the same Manner as last aforesaid. VII. And be it enacted, That no Appeal to any Assistant Bar- No Appeal, rister against any Declaration to be made by the said Commis- unless Notice in sioners shall be heard, unless a Notice in Writing of such Appeal Writing within be lodged with the Secretary of the said Commissioners at their 21 Days after Office in Dublin within Twenty-one Days next after the Publication of such Declaration. Declaration. VIII. And be it enacted, That when the said Commissioners Power to borshall think fit to borrow or raise at Interest or shall have borrowed row Money to cution of any Sum of Money under the Powers for that Purpose given by pay Interest the said recited Act or this Act, it shall and may be lawful for pending Exethe said Commissioners, if they shall so think fit, to include in Works. such Loan as well the Principal Sum estimated to be required as all Interest which may be agreed to be paid thereon during the Interval between such Loan and the making of the Award relative to the Works for which such Loan may have been contracted, such Interest to be payable half-yearly or otherwise as the said Commissioners shall think fit; and all Sums so borrowed for Payment of Interest shall be secured in like Manner as the Principal Sum of which the Interest shall have been so provided for as aforesaid. IX. And be it enacted, That from and after the passing of this Act it shall not be necessary that any Transfer of the Right or Interest in or to any Sum secured by any Certificate heretofore issued or hereafter to be issued under the said recited Act or this Act shall be in any specified Form, and that every Person who shall be entitled to the Money secured by any such Certificate may transfer his Right and Interest to the Principal Sum and Interest Money thereby secured to any Person by Endorsement thereon, and that all Rights and Remedies of the Person so endorsing in, to, or in respect of such Certificate shall, after such Endorsement, be vested in the Person to whom such Transfer shall be made, and that it shall not be necessary that the said Transfer or Endorsement shall be produced or certified to the Secretary of the said Commissioners, or for the said Secretary to make an Entry thereof, as in and by the said recited Act directed. Certificate of Loans may be transferred by Endorsement. may make Certificates payable within certain Periods. X. And be it enacted, That it shall and may be lawful for the Commissioners said Commissioners, in any Case where they shall so deem fit, to make any Certificate or Set of Certificates granted under the said Act or this Act for the whole of the Monies required to be borrowed for such Case, payable at any Time (to be fixed as hereinafter provided) intervening between Two Periods to be stated in such Certificates; and it shall be lawful for the said Commissioners to alter the Form of the Certificate provided by the said Act to suit the Circumstances of each Case, and such Certificate so varied shall be equally good and effectual as if the same were according to the Form by said Act prescribed. Commissioners XI. And be it enacted, That where more than One Certificate for any such Case shall be so issued and made payable between Ballot the Order to determine by Two such Periods as aforesaid, the Commissioners shall, as soon in which Ceras may be convenient after the final Settlement of their Award, tificates shall give be paid. |