« EelmineJätka »
with the Deter
as shall be determined by the Commissioners of Public Works, by an Instrument under the Hands and Seals of any Two of them: Provided always, that, One Calendar Month at least before executing any such Instrument, the said Commissioners shall cause a Schedule of the Presentments, and of their Determination respecting the Manner of charging the several Sums for which such Presentments were made, to be lodged with the Secretary of the Grand Jury, for the Purpose of being laid before the next Presentment Sessions holden for the Barony or Half Barony, or County of a City or County of a Town in which such Presentments were made; and that if the Justices, If Justices, &c. and Cess-payers associated with them in the Business of such be dissatisfied Presentment Sessions, shall be dissatisfied with the Determi- mination of nation of the said Commissioners respecting the Manner of Commissioners charging any such Sum, it shall be lawful for them, by Resolu- they may pretion, to appoint any of their Number to prepare and present to to the Lord the Lord Lieutenant, within Fourteen Days after the holding Lieutenant, who of such Presentment Sessions, a Memorial, signed by the into the same, Chairman of such Presentment Sessions, setting forth the &c. Grounds of their Objections thereunto; and a Copy of every such Memorial, signed by the Chairman of such Presentment Sessions, shall be lodged within the said Fourteen Days in the Office of the said Commissioners; and thereupon the Lord Lieutenant shall inquire into and revise the Determination of the said Commissioners, and if he shall be of opinion that such Determination ought to be altered shall direct in what Manner the Sum referred to in the Memorial shall be charged, and the Decision of the Lord Lieutenant shall be final, and the Commissioners shall execute the said Instrument conformably to such Decision.
sent a Memorial
VII. And be it enacted, That if in such last-mentioned As to the raisInstrument the said last-mentioned Commissioners shall deter- ing of Money charged upon mine that any such Sum of Money therein mentioned shall be the Barony at charged upon any such Barony, Half Barony, County of a City, large. or County of a Town, then the Amount thereof, with Interest at the Rate of Three Pounds and Ten Shillings per Centum per Annum, shall be charged upon such Barony, Half Barony, County of a City, or County of a Town, and shall be applotted, raised, levied, recovered, paid, and applied in the like Manner, and by the same Remedies, and with the like Powers and Authorities, and subject to the like Provisions as by the said first-recited Act is provided with respect to any Monies charged and recoverable by and under that Act.
VIII. And be it enacted, That if in such last-mentioned As to the raisInstrument the said last-mentioned Commissioners shall deter- ing of Money charged upon mine that any such Sum of Money therein mentioned shall be the Electoral charged upon any Electoral Division, or Part thereof, as afore- Divisions. said, then the Amount thereof, with such Interest as last aforesaid, shall be charged exclusively upon the said Electoral Division, or such Part thereof as aforesaid, and shall be applotted, raised, levied, and recovered from and shall be payable
to be transmit, ted to the
laid before Parliament.
This Act and 9 & 10 Vict. c. 107. to be as One Act.
Act may be
by the Occupiers and other Persons rateable and rated for the Relief of the Poor in respect of Lands and Hereditaments within such Electoral Division, or such Part thereof as aforesaid, and shall be applotted, raised, levied, recovered, paid, and applied in the like Manner, and by the same Remedies, and with the like Powers and Authorities, and subject to the like Provisions, so far as the same can be applied, as is by the said first-recited Act provided with respect to any Sum of Money presented under that Act to be raised and levied off any Barony, Half Barony, County of a City, or County of a Town; and all Proceedings with respect to such Presentments shall be deemed to be as valid as if such Electoral Divisions or such Parts thereof as aforesaid respectively were Baronies or Half Baronies, or Counties of Cities or Counties of Towns, and all the Provisions of that Act with reference to any Sum of Money presented to be raised off any Barony, Half Barony, County of a City, or County of a Town shall be in force and be applicable, as far as the Case will admit, to the Money to be raised and levied off such several Electoral Divisions or Parts thereof respectively.
IX. And be it enacted, That the said Commissioners shall, within Three Weeks next after the next Meeting of Parliament, and also within Three Weeks next after the Beginning of every following Session of Parliament, until all the Accounts arising out of the Proceedings under the first-recited Act and this Act shall be closed, send to the Commissioners of Her Majesty's Treasury, an Account of the several Sums which they shall have certified to the Secretary of the Grand Jury of each County in Ireland, or which, by any Award or Instrument as aforesaid, they shall have charged on any County, or County of a City or County of a Town, Barony, Half Barony, or Electoral Division, or the Lands of any Proprietor, in such Form, and with such Particulars as shall be directed by the said Commissioners of the Treasury, and a Copy of every such Account shall be laid before both Houses of Parliament.
X. And be it enacted, That the said first-recited Act and this Act shall be construed together as One Act.
XI. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament,
Dublin Castle, 5 October 1846. I AM directed by the Lord Lieutenant to inform you, that his Excellency has had under his Consideration the various Representations which have been made to him of the Operation of the Poor Employment Act, and of the Difficulty of finding in the greater Number of Baronies "Public Works" upon which it would be expedient or beneficial to expend Money to the Extent requisite for affording Employment to the People during the Existence of the present Distress, and with a view of obviating the bad Effects of a great Expenditure of Money in the Execution of Works comparatively unproductive, he desires that the Commissioners of Public Works will direct the Officers acting under them in the respective Counties to consider and report upon such Works of a re-productive Character and permanent Utility as may be presented in the Manner herein-after mentioned at any Sessions held under the above Act; and his Excellency will be prepared to sanction and approve of such of those Works as may be recommended by the Board, and so presented, in the same Manner as if they had been strictly Public Works," and presented as such in the Manner required by the Act:
1. The Presentment Sessions will estimate the Sum which it may be necessary to raise off the Barony for the Purpose of affording Employment:
2. They will also ascertain the Proportion of such Assessment which, according to the last Poor Law Valuation, may be chargeable upon each Electoral Division of an Union, or Portion of an Electoral Division (if the whole shall not be included), in the Barony, and they shall obtain for this Purpose, from the Clerk of each Poor Law Union, a Copy of such Valuation :
3. They will present for such useful and profitable Works to be executed in each Electoral Division, to the Amount of its Proportion of the Assessment, ascertained as above:
4. In case of Drainage, however, and sub-soiling so far as it shall be connected with Drainage, an Undertaking shall be given in Writing, and transmitted with the Presentment by the Person or Persons whose Lands are proposed to be drained (being "Proprietor" in the Terms of the Act 5 and 6 Victoria, Chapter 89.), stating that the Money so to be expended shall be a Charge exclusively on the Lands so to be improved, and be levied from the same, according to an Award to be made by the
Commissioners, as under the last-mentioned Act and its
His Excellency wishes it to be further understood, that in case these Regulations are not acted upon, and the Portions of the Assessment which would be leviable from each Electoral Division are not presented to be expended on some Work within such Division, the Proceedings at such Sessions must be considered with strict reference to the Provisions of the 9th and 10th Victoria, Chapter 107..
His Excellency, considering also that many Baronies have already held Sessions under that Act, to which Baronies the Opportunity of making Applications in the Manner now prescribed has not been afforded, it is his Desire that all Works already sanctioned in those Baronies, or applied for and which it may become requisite to sanction, in order to afford continued Employment, shall be proceeded with until other Sessions may be conveniently held in such Baronies.
His Excellency, in taking upon himself the Responsibility, under the urgent Circumstances of the Case, of inviting the Magistrates and Cess-payers to provide Employment for the People by the Execution of useful and re-productive Works, confidently trusts, with their Assistance and the Blessing of the Almighty on their united Exertions, that the Calamity with which it has pleased Providence to afflict Ireland may yet in its Results become conducive to the Production of a greater Abundance of human Food from the Soil, and to the future permanent Improvement of the Country.
I have the Honour to be,
Your obedient Servant,
The Chairman of the Board
of Public Works.
An Act to explain and amend the Act authorizing c. 113 the Advance of Money for the Improvement of Land ////C by Drainage in Great Britain. [30th March 1847.]
WHEREAS an Act was passed in the last Session of Parliament, intituled An Act to authorize the Advance of 9&10 Vict. Public Money, to a limited Amount, to promote the Improve'ment of Land in Great Britain and Ireland by Works of Drainage: And whereas it is expedient that the said Act 'should be explained and amended:' Be it 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 the Expences herein-after mentioned shall be Certain Exdeemed to be and may be included among the Expences of pences deemed Works of Drainage, in respect of which Advances may be made under the Provisions of the said Act; (that is to say,) The Expence of making or improving and securing from or for the Benefit of the Land proposed to be improved by Drainage an Outfall through other Land, or such Part, as the Commissioners may think reasonable, of the Expence of making or improving and securing such Outfall, for the Benefit of the Land in respect of which the Advance may be applied for, and of other Land:
The Expence of making open Drains and Watercourses, including such open Drains and Watercourses as may need frequent Repair, where reasonable Security for their Maintenance shall appear to the Commissioners to be afforded by the Interests or Liabilities of the Tenants and Occupiers of the Land:
And the Expence of fencing, trenching, and clearing the Surface of Land to be drained for the Purpose of converting the same from Waste or Pasture into Arable or Tillage Land, where such fencing, trenching, and clearing respectively shall appear to the Commissioners to be necessary to secure and render productive the proposed Improvement by Drainage :
Provided that it shall appear to the Commissioners that in all the Cases aforesaid the Works will effect an Improvement in the yearly Value of the Land, which will exceed the utmost yearly Amount which can be charged thereon under the said Act in respect of the Advance applied for.
to be included
as Expences of
II. And be it enacted, That where by the said Act the Plan, Plans, &c. may Estimate, and Specification of the proposed Drainage is required be dispensed to be inspected or examined by and to be annexed to the with in certain Report of the Assistant Commissioner, or Surveyor or Engineer, it shall be sufficient for the Assistant Commissioner, or Surveyor or Engineer, unless the Commissioners shall otherwise direct, to inquire into and to embody in his Report such [No. 4. Price 2d.] Particulars