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being an Infant, or to the Husband of such Person being a Feme Covert, or to the Committee of such Person being a Lunatic; and provided also, that in case of any such Sale the Owner shall give Notice to the said Paymaster of such his Application to the said Court as aforesaid, and it may be lawful for such Court, if it shall so think fit, to stay the Proceedings of the said Paymaster in respect to Sale of any Lands liable to the Rent-charge for a reasonable Time; and every Sale directed to be made by the said Court shall, unless otherwise ordered by the said Court, be taken to be within the Provisions of this Act as to any Sale by the Paymaster, and the Purchase Money from such Sale shall be received and applied accordingly.


LII. And be it enacted, That on the Expiration or Dis- On Payment of charge of any Rent-charge, and on Payment of all Arrears Rent-charge thereof, and of all Costs, Charges, and Expences (if any) in- Lands to be curred in any Proceedings to recover the same, or for any Sale under this Act in relation thereto, the said Paymaster shall execute and cause to be registered in the Office for the Registry of Deeds in the City of Dublin a Release of the Lands so charged with such Rent-charge.

Trustees from

Land charged.

LIII. And be it enacted, That the Rent-charge by virtue of Rent-charge this Act to be charged on any Land shall not be deemed such not to preclude an Incumbrance as shall preclude a Trustee of Money from in- investing Money vesting the same in a Purchase or upon a Mortgage of such in the Purchase Land so charged, unless the Terms of such Trust shall expressly or Mortgage of provide that the Trust Money shall not be so invested; and any Trust Monies already invested or lent on any Land which may become charged with such Rent-charge, or which, before the making such Charge, were charged on the said Land, may, if the Trustee think fit, be continued on the Security of the said Land, notwithstanding the Imposition of such Rent-charge; and no Guardian, Committee, Feoffee, Trustee, Executor, or Administrator shall be in anywise concerned or obliged to signify a Dissent to any Application under this Act, or be in anywise responsible for the Consequence of such Application, or the Charge made in pursuance thereof.

LIV. And be it enacted, That so long as any Land shall con- Works to be tinue charged with any such Rent-charge the Person for the maintained. Time being bound to pay such Rent-charge shall be bound to uphold and maintain in good Order and Condition the Works on account of which the Lands shall have been charged as aforesaid, and in default of so upholding and maintaining any such Work shall be liable to an Action on the Case in the Nature of an Action of Waste for the Damage thereby occasioned, at the Suit of the Person then entitled to the next Estate in remainder or reversion in the said Lands.

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Treasury under

LV. ‹ And whereas, under an Act passed in the last Session Sums heretofore ' of Parliament, intituled An Act to amend the Acts for pro- advanced by the moting the Drainage of Lands and Improvement of Navigation 9&10 Vict. c. 4. and Water Power in connexion with such Drainage in Ireland, and 9 & 10 Viet. ' and to afford Facilities for increased Employment for the labour- c. 101. to be

considered as Advances, and charged under this Act.

Power to sum

mon Witnesses, refusing to give Evidence to be punished.

and Persons

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ing Classes in Works of Drainage during the present Year, and also under an Act of the last Session of Parliament, intituled An Act to authorize the Advance of Public Money, to a limited Amount, to promote the Improvement of Land in Great Britain • and Ireland by Works of Drainage, Proceedings and Investigations preliminary to the Execution of Works or granting of Loans have been taken and made, and Advances of Money have 'been made or have been agreed to be made by the Commis⚫sioners of Public Works for the Drainage and other Improvement of the Lands of single Proprietors in Ireland;' be it enacted, That all Money advanced or agreed to be advanced by the said Commissioners of Public Works, with the Sanction of the Commissioners of Her Majesty's Treasury, under either of the said last-recited Acts for such Purposes, shall (unless the said Commissioners of Public Works shall otherwise specially direct) be considered as advanced and be advanced under the Provisions of this Act, and as if the preliminary Proceedings and Investigations had been duly taken and made under this Act, and the Person on whose Application or Assent any such Advance has been made or agreed to be made had been Owner of such Land under the Provisions of this Act; provided the Owner for the Time being entitled to the Land to be charged shall require to have the Provisions of this Act applied to such Loan, and undertake to execute the Works in respect of which such Loan was made according to the Provisions of this Act, and thereupon the Lands the Subject of any such Drainage or Improvement shall become charged with the Payment to Her Majesty of an annual Rent-charge of such Proportion and Amount as would be chargeable in respect of any such Advance if made under the Provisions of this Act; and the said Commissioners of Public Works shall, by Order as aforesaid, fix the Commencement of any such Rent-charge, and the Date of the first Payment thereof; and all the Provisions, Powers, Privileges, and Authorities herein contained for securing the Payment and Priority or for Recovery of any Rent-charge charged in respect of any Advance originally made under this Act, or otherwise by this Act enacted concerning any Rent-charge or the Lands charged therewith, shall apply so far as applicable to any Rent-charges charged under the present Provision; and all Proceedings heretofore had and taken by the said Commissioners under the Provisions of any previous Act of Her present Majesty's Reign for Drainage or Improvement of Lands shall be effectual for the Purposes of this Act.

LVI. And be it enacted, That it shall be lawful for the said Commissioners of Public Works, upon any Inquiry or Proceeding to be had by or before them under any of the Provisions of this Act, to summon and examine upon Oath or Affirmation any Person whomsoever; and if any Person so summoned, having been paid or tendered a sufficient Sum of Money, to be ascertained by the said Commissioners, to defray the Charges for his Attendance, shall not appear before the said Commissioners pursuant to such Summons, without assigning some reasonable

Excuse for not appearing, or shall refuse to be sworn or to affirm (as the Case may be), or to be examined and give Evidence touching the Premises, the said Commissioners, upon Proof upon Oath of the Service of such Summons and of such Tender, shall be authorized by Warrant under their Common Seal to direct any Person whomsoever to cause any Sum of Money, not exceeding Five Pounds, to be levied by Distress and Sale of the Goods and Chattels of the Person so neglecting or refusing to appear or to be sworn, or to affirm or give Evidence, rendering the Overplus (if any), upon Demand, to the Person whose Goods and Chattels shall have been distrained and sold, after deducting the Costs and Charges attending such Distress and Sale; and the Monies so to be levied as aforesaid. shall be applied for such Purposes and in such Manner as the said Commissioners may direct.


LVII. And be it enacted, That every Person upon Exami- Any Person nation on Oath or Affirmation before the said Commissioners swearing falsely respectively, or any Officer by them appointed as aforesaid, guilty of Perand also every Person making any such Affidavit, Declaration, Deposition, or Affirmation as aforesaid, who shall wilfully and corruptly give false Evidence, or shall in such Affirmation, Affidavit, Declaration, or Deposition wilfully or corruptly swear, affirm, or allege any Matter or Thing which shall be false or untrue, shall be subject to the Pains and Penalties of Persons convicted of wilful and corrupt Perjury by any Law in force for the Time being.

LVIII. And be it enacted, That every Person who shall Penalty on wilfully obstruct or assault any Commissioner of Public Works, Persons assaulting Commisor any Engineer, or other Officer, Servant, or Workman, acting sioners or their in aid or under the Orders of the said Commissioners, in the Officers. Execution of any of the Powers given by this Act, shall forfeit and pay for every such Offence, upon Conviction thereof by the Oaths of One or more credible Witness or Witnesses before any Justice or Justices of the Peace, such Sum not exceeding Five Pounds as such Justice or Justices shall think fit, to be applied in such Manner and for such Purposes as the said Justice or Justices shall direct, or in default of Payment every such Person shall be imprisoned for such Number of Days, not exceeding Fourteen, as the said Justice or Justices shall direct.

LIX. And be it enacted, That no Bond, Obligation, or other Bonds, &c. Security, Contract, Agreement, or other Instrument whatever, exempt from taken or made to or by the said Commissioners, nor any Affi- Stamp Duty. davit, Deposition, Release, Receipt, or Discharge to be respectively taken or made under and by virtue of this Act to or by them, nor any Power of Attorney to receive from the said Paymaster of Civil Services any Monies advanced on account of Loans under this Act, nor any other Instrument whatsoever executed under the Provisions of this Act, nor any Memorial thereof for Registration, shall be liable to any Stamp Duty whatever.

by the Post

LX. And be it enacted, That all Notices requiring to be Notices sent served by or on behalf of the said Commissioners or otherwise deemed suf

under ficient.

Penalty on

to deliver up Documents.

10 VICT. under the Provisions of this Act upon any Person may be transmitted through the Post, directed to the last known Address of such Person, within such Period as to admit of its being delivered in due Course of Delivery within the Period, if any, prescribed for the giving of such Notice; and in proving any Service by Post it shall be sufficient to prove that the Notice was properly directed, and so put into the Post Office as before directed.

LXI. And be it enacted, That if any Engineer, Surveyor, Officers refusing Agent, Officer, or Servant employed by the said Coinmissioners in any Manner relating to Proceedings under the Provisions of this Act shall refuse or neglect, after Seven Days Notice in Writing for that Purpose, to deliver up to the said Commissioners, or to any Person authorized by them for that Purpose, any Survey, Map, Plan, Estimate, Specification, Book, Paper, or Document belonging to the said Commissioners, or to any Owner of Lands proposed to be improved under the Provisions of this Act, in the Possession or Custody of such Engineer, Surveyor, Agent, Officer, or Servant, any such Person shall for every such Offence forfeit and pay a Sum not exceeding Twenty Pounds, to be recovered in a summary Way before any Two Justices at Petty Sessions, and levied under the Warrant of such Justices by Distress and Sale of the Goods of the Person so refusing or neglecting; and it shall be lawful for such Justices to order any Constable, with proper Assistance, to search for and take possession of any such Survey, Map, Plan, Estimate, Specification, Book, Paper, or Document, and to deliver the same to the said Commissioners, or any Person authorized by them to receive the same.

Exchanges may be made of



LXII. And whereas it may happen that by reason of the Works to be executed in pursuance of the Provisions of this Act it may be convenient to alter the Boundaries of the Lands of different Owners, and therefore that such Powers of Exchange should be given to the Commissioners as after mentioned; now therefore be it enacted, That it shall be lawful for the Commissioners, upon the Application in Writing of the Persons interested as Owners, as herein-before defined, except Owners under a Lease reserving Rent for a Life or Lives, or for a Term of Years, in any Lands which shall be drained or improved under the Provisions of this Act, or in any Lands adjacent to any such Lands, and who shall desire to effect an Exchange of Lands in which they respectively shall be so interested, to direct Inquiries whether such proposed Exchange would be beneficial to the Owners of such respective Lands, and has been rendered necessary or expedient by reason of any such Drainage or Improvement as aforesaid; and in case the Commissioners shall be of opinion that such Exchange would be beneficial, and that the Terms of the proposed Exchange are just and reasonable, they shall cause to be framed and confirmed, under the Hands and Seal of the Commissioners, an Order of Exchange, with a Map or Plan thereunto annexed, in which Order shall be specified and shown the Lands given and taken

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in exchange by each Person so interested respectively, and a Copy of such Order, under the Seal of the Commissioners, shall be delivered to each of the Parties on whose Application the Exchange shall have been made, and such Order of Exchange shall be good, valid, and effectual in the Law to all Intents and Purposes whatsoever, and shall be in nowise liable to be impeached by reason of any Infirmity of Estate or Defect of Title of the Persons on whose Application the same shall have been made; and the Land taken upon every such Exchange shall be and enure to, for, and upon the same Uses, Trusts, Intents, and Purposes, and subject to the same Conditions, Charges, and Incumbrances, as the Lands given on such Exchange would have stood limited or been subject to in case such Order had not been made; and all Expences with reference to such Order and Exchange, or the Inquiries in relation thereto, or to any proposed Exchange, shall be borne by the Persons on whose Application such Order shall have been made, or such Inquiries undertaken: Provided always, that no Exchange shall be made of any Land held in right of any Church or Chapel or other Ecclesiastical Benefice, without the Consent, testified in Writing, of the Bishop of the Diocese and the Patron of such Benefice: Provided also, that no One Lot or Parcel of Land given or taken in exchange shall ever exceed Ten Acres; and it shall be lawful for the said Commissioners to authorize the Payment of any Sum of Money by way of Equality of Exchange, or in respect of any such Exchange, and the Monies so given shall be paid and divided by the said Commissioners in such Manner as they shall think fit, and for the compensating the Parties interested in the Land given in Exchange, and according to their respective Estates and Interests, and the Decision of the Commissioners in the Premises shall be binding.

LXIII. Provided always, and be it enacted, That no such Notices of such Order of Exchange as aforesaid shall be confirmed by the Com- Exchanges to missioners until Notice shall have been given by Advertisement be given. in Three successive Weeks of such proposed Exchange, and Three Calendar Months shall have elapsed from the Publication of the last of such Advertisements; and in case, before the Expiration of such Three Calendar Months, any Person entitled to any Estate in or to any Charge upon any Land included in such proposed Exchange shall give Notice in Writing to the Commissioners of his Dissent from such proposed Exchange, the Commissioners shall not confirm an Order for such Exchange unless such Dissent shall be withdrawn, or it shall be shown to the Commissioners that the Estate or Charge of the Party so dissenting shall have ceased.

LXIV. And be it enacted, That if any Difference shall arise Expences of touching the said Expences in relation to any Exchange, Orders, Exchanges. or Inquiries as aforesaid, or the Share thereof, to be paid by any Person, it shall be lawful for the Commissioners to certify under their Hands and Seal the Amount to be paid by such Person; and in case any Person shall neglect or refuse to pay his Share so certified to be payable by him, and upon the Production of such Certificate before any Two Justices of the Peace [No. 24. Price 2d.]

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