The Commis-
sioners may, on
Notice, pay off
Certificates.

Commissioners may invest Funds.

Power to sue and be sued.

give Notice in the Dublin Gazette, and in such other Newspapers and by such other Means as they shall think fit, to the Holders of such Certificates of their Intention, on a Day and Hour in said Notice to be fixed, not sooner than Fourteen Days from the Publication thereof, to hold a Ballot for the Purpose of determining the Order in which such Certificates shall be paid off; and upon the Day and at or after the Hour named the Commissioners shall accordingly proceed to make such Ballot in presence of such (if any) the Holders of such Certificates, or their Agents or Representatives, as shall attend at such Ballot, and if none of such Persons shall attend then in the Absence of such Persons; and the Result of such Ballot shall be recorded in the Office of the said Commissioners, and noted upon all such of the said Certificates as shall be then or subsequently produced to the said Commissioners; and such Record and Notification shall be signed by the Secretary for the Time being of said Commissioners, and all such Certificates shall be paid off in the Order so to be determined by such Ballot.

XII. And be it enacted, That in all Cases of Certificates issued in the Mode herein-before prescribed, and also in all Cases where. pursuant to the Provisions of the said recited Act, the Commissioners are empowered or required to borrow Money at a lower Rate of Interest than the Certificates which for the Time being shall be in force shall bear, and shall issue like Certificates at such reduced Rate of Interest, it shall and may be lawful for the said Commissioners and they are hereby required to publish a Notice or Notices in the Dublin Gazette, and in such other Newspapers as they shall deem fit, fixing a Time, not sooner than Six Months from the Date of such Notice, when the Principal Money secured by any or the whole of such Certificates shall become payable, having regard to the Order in which, in pursuance of the Provisions of this Act and the said recited Act, such Certificates shall have been made payable; and in such Notice the Certificates to become payable shall be described by the Name of the District or Work for which they have been issued, and the Number, Letter, or other Mark fixed by said Commissioners on such Certificates; and it shall be lawful for the said Commissioners, at the Expiration of the Time in such Notice stated, to pay off the Monies due on account of such Certificates named in such Notice, and from and after the Expiration of the Time appointed by said Notice the Interest on the Principal Monies secured by such Certificates shall cease and determine.

XIII. And be it enacted, That it shall be lawful for the said Commissioners from Time to Time to invest in any of the Public or Government Funds or Securities, in their Names as such Commissioners, or in the Name of their Secretary for the Time being, for the Benefit of the Parties interested in such Funds, (but without Risk to the said Commissioners,) any Sums of Money applicable to the Purposes of the said recited Act or this Act which may be in their Hands remaining unapplied.

XIV. And be it enacted, That the said Commissioners may and shall in all Cases sue and be sued in the Name of the Secretary of the Commissioners of Public Works in Ireland for the Time being for and on behalf of the said Commissioners; and that in

all

all Indictments or Criminal or Civil Proceedings the Name of the Commissioners of Drainage shall be a sufficient Description of the said Commissioners; and that no such Action or Suit at Law or in Equity shall abate or be discontinued by the Death or Removal of such Secretary; and the Secretary for the Time being shall always be deemed the Plaintiff or Defendant in such Action or Suit (as the Case may be).

XV. And be it enacted, That it shall and may be lawful for Commissioners the said Commissioners, in making any Declaration or Award, or may refer to loing any other Act by this Act or the said recited Act authorized, Maps, &c.

o do so in and by reference to Maps, Plans, and Schedules, or otherwise, as they may think best. ·

XVI. And be it enacted, That the Assents of Proprietors and Assents to be Owners under the said recited Act shall be in the Form in the in the Form Schedule (A.) to this Act annexed, or as near thereto as the Cir- in Schedule. amstances of each Case will permit, and that the Assent of every Proprietor given under his Hand in such Form shall, to all Intents and Purposes, be conclusive against and binding upon such Proprietor of and all Persons interested in the Lands of such Prorietor in respect of which such Assent shall be given, and also apon and against the same Lands respectively.

-XVII. And be it enacted, That the Production of such Assents Production of y or from the Office of the said Commissioners shall be deemed Assents to be ind taken in all Courts of Law and Equity as good and sufficient Proof of ExeProof thereof, and of the due Execution thereof, without any further or other Evidence of the Execution of same.

cution.

XVIII. And be it enacted, That every Clerk, Collector, Re- Officers to ceiver, or other Officer to be appointed or employed under the give Security. said recited Act or this Act, shall, when required so to do by the said Commissioners, give such Security to the Secretary for the Time being of the Commissioners of Public Works in Ireland in such Sum as shall be determined on by the Commissioners acting in execution of the said recited Act and this Act, conditioned for the due Performance and Execution of such Duties and Works for which such Person or Persons shall respectively be so appointed or employed as aforesaid, or in such other Condition as the Commissioners of Drainage may think proper and require; and each Security shall and may be sued upon and enforced by the Secretary of Commissioners of Public Works for the Time being for and on behalf of the said Commissioners of Drainage.

XIX. And be it enacted, That the respective Sums of Money Security for which shall become chargeable under any Award to be made by Sums heretothe said Commissioners in respect of any District as to which fore advanced. the said Commissioners have heretofore made a Declaration, and as to which Money has been borrowed and taken up by them for the Execution of any Work in such District, shall for the Purpose of securing the Money so borrowed and taken up by the said Commissioners, be Charges on the Lands to become chargeable therewith as in said Act mentioned, but with Priority over all Charges created on such Lands after the passing of this Act.

XX. And be it enacted, That the Extent in Value of the Land Value of Lands. drained or improved before the Improvements were effected in said

Act mentioned shall be construed, deemed, and taken to be the

Value thereof before the Improvements were commenced.

XXI. And

Interpretation of Act.

Alteration of
Act.

99.66

XXI. And be it enacted, That the said recited Act shall continue and be in full Force and Effect, save and except so far as the same is altered by or inconsistent with this Act, and that the said recited Act and this Act shall be construed together as One 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," Quit or Chief Rent," and "Counties," shall be construed to extend and be applied as in said recited Act is directed and provided; and every Word inporting 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 any Two of them acting in execution of the said recited Act and this Act; and the Word "Proprietor" in the said recited Act and this Act, in addition to the Meanings in the said recited Act applied to it, shall also mean the reputed Proprietor.

XXII. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

WHEREAS, under the Provisions of an Act passed in the Sixth Year of the Reign of Her present Majesty, intituled "An Act to promote the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland,” and of another Act passed in the Eighth and Ninth Years of the Reign of Her present Majesty amending the same, it is proposed to drain and improve by Drainage certain Lands within the District designated by the Commissioners for the Execution of the said Act the District of in the County

of

for which Purpose certain Maps, Plans, Sections, Estimate, and Schedules have been lodged, in pursuance of the Provisions of said first-recited Act, for public Inspection for Six successive Weeks, as thereby directed, at in the County of and which said Maps, Plans, Sections, and Estimate are signed by Commissioners for the Execution of the said Acts.

And whereas I, the undersigned, am a Proprietor, within the Terms of said Act, of some of the Lands within said District, and comprised in said Schedules; that is to say, in the Townlands of

Now these Presents witness, that I have assented and do hereby assent, as such Proprietor, to the Execution of the Works for the

Drainage and Improvement by Drainage of the Lands within said District by the said Commissioners, pursuant to the Provisions of the said Acts.

Lands, whose Concurrence in the above Assent is required under the Provisions of the said Act, do hereby consent to the Execution of the said Works.

Witness my Hand, this

Present when signed by

Day of

SCHEDULE (B.)

184 .

Memorandum of a Declaration under the Drainage Act.

County of

District of WE, the Commissioners acting in execution of an Act made and passed in the Sixth Year of the Reign of Her present Majesty Queen Victoria, intituled [here set forth Title of the riginal Act], and also of another Act passed in the Eighth and Ninth Years of the Reign of Her present Majesty amending the same, have heretofore, to wit, on the

18

Day of

made a Declaration in the Manner by the said Acts or one of them directed, and in the Schedule hereunto annexed we have set forth the several Lands which are the Subject of or contained in the said Declaration, as well as the Names of the Proprietors of such Lands respectively.

In witness whereof, &c.

Signed, sealed, and delivered by the said

In Presence of

Townland.

Barony or Parish.

County, County of a
City or Town.

Name of
Proprietor.

CA P. LXX.

An Act for the further Amendment of the Church Building

Acts.

[31st July 1845.]

WHEREAS an Act was passed in the Fifty-eighth Year of

the Reign of His Majesty King George the Third, inti

tuled An Act for building and promoting the building of addi- 58 G. 3. c.45. tional Churches in populous Parishes: And whereas another

Act was passed in the Fifty-ninth Year of the Reign of His said

Majesty King George the Third, intituled An Act to amend 59 G. 3. c. 184.

and render more effectual an Act passed in the last Session

of Parliament, for building and promoting the building of

'additional

3 G. 4. c. 72.

5 G. 4. c. 108.

7 & 8 G. 4. c. 72.

' additional Churches in populous Parishes: And whereas another 'Act was passed in the Third Year of the Reign of His Majesty 'King George the Fourth, intituled An Act to amend and render more effectual Two Acts, passed in the Fifty-eighth and Fifty"ninth Years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes: And 'whereas another Act was passed in the Fifth Year of the Reign ' of His said Majesty King George the Fourth, intituled An Act 'to make further Provision, and to amend and render more effectual Three Acts, passed in the Fifty-eighth and Fifty-ninth Years of His late Majesty, and in the Third Year of His present Majesty, for building and promoting the building of "additional Churches in populous Parishes: And whereas another 'Act was passed in the Session of Parliament holden in the 'Seventh and Eighth Years of the Reign of His said Majesty King George the Fourth, intituled An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the 'Session of Parliament holden in the First and Second Years ' of the Reign of His late Majesty King William the Fourth, 1 & 2 W. 4. c. 38. intituled An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the Reign of His late Majesty, intituled An Act to amend the Acts for building and 'promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the Session 2&3 W. 4. c.61. of Parliament holden in the Second and Third Years of the Reign of His said late Majesty, to render more effectual the aforesaid Act passed in the Fifty-ninth Year of the Reign of His Majesty King George the Third: And whereas another Act was passed in the Session of Parliament holden in the First Year ' of the Reign of Her present Majesty Queen Victoria, intituled An Act to prolong for Ten Years Her Majesty's Commission for building new Churches: And whereas another Act was passed in the Session of Parliament holden in the First and Second Years of the Reign of Her said Majesty Queen Victoria, inti1&2 Vict.c.107. tuled An Act to amend and render more effectual the Church Building Acts: And whereas another Act was passed in the Session of Parliament holden in the Second and Third Years of 2&3 Vict. c. 49. the Reign of Her present Majesty, intituled An Act to make 'better Provision for the Assignment of Ecclesiastical Districts to Churches or Chapels augmented by the Governors of the Bounty of Queen Anne; and for other Purposes: And whereas ' another Act was passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of Her present Majesty, intituled An Act to further amend the Church Building Acts: And whereas another 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 concerning 'Banns and Marriages in certain District Churches and Chapels: And whereas it is expedient that some of the Provisions of the herein-before recited Acts should be amended:' 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

7 W. 4. &

1 Vict. c. 75.

3&4 Vict. c. 60.

7 & 8 Vict. c. 56.

Authority