15 such further and other inquiries in relation to any such application as they may think fit, and may alter or modify such plans, specifications and estimates in such manner as they may think fit: Provided always, That no charge, security or proceeding under this Act shall be impeached or questioned at law or in equity by reason that the annual value of any lands may not actually be improved by the works effected. And be it Enacted, That on receipt of any such application by memorial as hereinbefore mentioned, the said Commissioners shall give 10 notice thereof by advertisement, to be published once in the Dublin Gazette, and for Two successive Weeks (once at least in each week) in any newspaper circulating in the county in which the lands the subject of any such memorial shall be situate, or in any newspaper printed and published in Dublin, which notice shall contain the name of the memorialist, and such names or description as the said Commissioners shall think fit, of the lands in respect of which such memorial shall have been presented, together with the amount proposed in the said memorial to be so expended in such improvements as last aforesaid, and by which notice all parties claiming to be interested in 20 the same lands shall be required, on or before a day therein to be named, not sooner than Three Weeks from the first publication thereof as aforesaid, to transmit in writing to the said Commissioners in Dublin their dissent or objection (if any) to any such memorial, or to any statement therein contained, or to the amount proposed to be 25 expended by such applicant on such intended improvement as last aforesaid, with their reasons for such dissent or objection, and the nature of their estates or interests in or charges upon the same land (if any); and the said Commissioners shall thereupon notify any such dissent or objection so made as last aforesaid to such applicant, and 30 shall not give such sanction as hereinafter mentioned till such dissent or objection shall have been withdrawn, or shall have been considered and decided in the manner hereinafter provided. And be it Enacted, That in all cases in which the said Commissioners shall receive any such dissent or objection as aforesaid in 35 writing, within such period as aforesaid (unless such dissent or objection shall be withdrawn), they shall, on a day not sooner than One Week from the day limited by such notice for the transmission of such dissent or objection as aforesaid, to be stated in such notice, or to be fixed by some subsequent notice to be published as aforesaid, call a meeting at their office in Dublin or elsewhere, of all persons claiming to be interested in the said lands, and of such other persons as the said Commissioners may think fit to summon (and which meeting, as well as every other meeting to be held under this 40 8. Commissioners to give notice of application. to make an order in the premises. 5 Act, the said Commissioners shall have power from time to time to adjourn to such time and place as they may think proper), and hear and inquire into such objections and dissents, and all such other matters and things as shall be then and there brought before them, and shall and may receive any evidence touching or pertinent to the same upon oath or otherwise, as by law authorized; and in such case or in case no dissent or objection shall be received as aforesaid (in which case no notice of meeting need be given), the said Commissioners shall make such order in writing under their common seal in the premises, as to the said Commissioners shall seem fit, with 10 respect to the sanctioning such proposed improvement as hereinbefore and thereupon mentioned: Provided always, That in all cases where such order shall be an order sanctioning the same improvement, then such order shall contain the name of the lands, the name of the memorialist, and the amount proposed to be expended by him as aforesaid; and shall have 15 appended thereto such plans, estimates and specifications of the proposed improvements as shall have been approved by the said Commissioners, and shall contain the names or denominations and also a plan of the lands proposed to be charged in respect of the same improvements; and such order, so sealed as aforesaid, shall thereupon 20 be delivered up to such applicant as last aforesaid, upon payment by him as hereinbefore mentioned of all the costs, charges and expenses of such report and investigation as aforesaid, and of preparing such order: Provided always, That no such order of sanction as aforesaid shall be made by the said Commissioners, unless it shall 25 appear to them that such proposed improvements as aforesaid will effect (either immediately or prospectively) an increase in the annual value of the lands intended to be so improved, to an amount exceeding the utmost annual amount to be charged thereon under this Act, in respect of such proposed improvements. 30 10. Applicant to register Order of Commissioners, if they sanction the proposed Im provement. And be it Enacted, That in all cases where the said Commissioners shall have made any such order sanctioning such improvements as last aforesaid, such owner, so making such application for sanction as last aforesaid, shall forthwith cause such order to be registered in the office for registry of deeds in the city of Dublin, and the Registrar of 35 the said Registry Office, his and their assistant, deputies and other officers, shall be required to register the same, and all other instruments by this Act directed or authorized to be registered, in the same manner as any deeds or instruments are usually registered in said office, and to enter a memorial thereof in the abstract books and 40 indexes of or relating to memorials registered and kept in the said office, subject to the payment of such fees as may now be lawfully demanded upon registration. And 5 11. become chargeable from the date of the registry of such Örder. And be it Enacted, That from the date of such registry of such The Lands to order, sanctioning such improvements as aforesaid, the several lands therein mentioned shall become charged, in the manner and with the priority hereinafter in that behalf mentioned, with the rent-charge to be payable under the provisions of this Act in respect of the sum so proposed to be expended in the same improvements as hereinbefore mentioned; and every such order as aforesaid in respect of the lands. therein specified, shall be binding upon all persons having any estate or interest in such lands, or lien or incumbrance thereon, and shall be 10 conclusive evidence that the several proceedings herein before directed to be taken and observed concerning the same order of sanction have been complied with, and that all dissents or objections to such expenditure, and to such charge so sanctioned by such order as aforesaid, have been withdrawn, disallowed or removed. 15 And be it Enacted, That it shall be lawful for the said Commissioners, either before or after any such order of sanction shall be made as last aforesaid, to require and take such security by deposit, bond or otherwise, as they may think fit, from every or any such applicant as hereinbefore mentioned, or from any other person or 20 persons jointly, with or on behalf of such applicant, such security to be conditioned to apply the full sum proposed to be expended by such applicant, and the expenditure of which shall have been so sanctioned by such order, as by this Act required, to and for the purposes specified in the plan, specification and estimate from time to time approved of 25 by the said Commissioners as hereinafter mentioned; and also from time to time well and truly to account to the said Commissioners for the application of the moneys so to be expended under such sanction as aforesaid, and to lay before such Commissioners, whensoever required, such statements and reports of the works in respect of such 30 improvements so sanctioned as aforesaid, as the Commissioners shall think fit, and so as all such works respectively be completed within such period as may previously to such order of sanction being so made as aforesaid be fixed by the said Commissioners and stated in such order, or within such further period as they may fix from time to 35 time, and state, in or by an endorsement on such order, such periods not exceeding in the whole Three Years from the date of the first order of sanction so made as aforesaid in respect of such improvements respectively. And be it Enacted, That it shall be lawful for the said Commis40 sioners, on the further application of such applicant for sanction as last aforesaid for that purpose, from time to time to sanction the alteration or modification of any such plans, specifications or estimates so originally sanctioned as aforesaid, or the increase or diminution of the whole sum proposed to be expended and so sanctioned as aforesaid, to 14. Commissioners may require proofs of due application of money, and grant Certificates thereof from time to time. 5 such an extent as to the said Commissioners shall seem proper, and 25 30 And be it Enacted, That it shall be lawful for the said Commissioners from time to time to require that it shall be proved to their satisfaction, in such manner as to the said Commissioners shall seem fit, that such sum so proposed and so sanctioned to be expended under such order or further order of sanction as last aforesaid, or some or any certain part of such sum has been properly expended on such works or improvement so sanctioned as last aforesaid, pursuant to the original or any altered plan, specification and estimate which shall have been so from time to time sanctioned and approved as last aforesaid; and thereupon and after such satisfactory proof, the said Commissioners shall certify the fact of such expenditure, and the amount thereof, under their common seal, and shall deliver such certificate to 35. such owner of the land in respect of which such certificate shall have been granted as last herein before mentioned; and thereupon such owner shall procure the same to be registered, and the same shall be registered and kept in the same office, and in all respects in the same manner as such order of sanction as aforesaid is hereinbefore directed 40 to be registered and kept; and such certificate so registered as last aforesaid shall in all cases be necessary to make valid any such charge or charges as hereinafter mentioned in respect of the sum or sums so to be expended as last aforesaid, and no such charge under this Act as hereinafter mentioned shall be in any respect valid or recoverable, 5 save for such sum or sums in respect whereof such certificate as last aforesaid shall have been so from time to time granted and registered as last aforesaid. And be it Enacted, That nothing herein contained shall be construed to prevent any such owner of land as aforesaid which shall have been improved, under the provisions of this Act, from making any new or further application, nor to prevent the said Commissioners from giving any new sanction to any further improvements under the provisions of this Act, of lands already improved, as often as it shall 10 appear to them that any new works proposed will effect (either immediately or prospectively) an improvement in the annual value of the lands intended to be improved to an amount exceeding the utmost annual amount to be charged thereon under this Act in respect of the new proposed improvement; and that all the provisions in this Act 15 contained with respect to any first application, and the proceedings thereon, shall apply to any such fresh application in respect of lands already improved under this Act. And be it Enacted, That in case any such order or further order of sanction of such expenditure on such improvements shall be made 20 under this Act as hereinbefore mentioned, it shall be lawful for such applicant for such order, or further order of sanction as aforesaid, subject to the conditions and requirements hereinbefore mentioned, from time to time, by any instrument in writing under his hand, and attested by Two or more witnesses in writing, to charge the 25 lands specified in such order as last aforesaid with the payment to him, his executors, administrators and assigns, or any other person or persons in such instrument in that behalf named or specified, of an annual rent-charge of Six Pounds Ten Shillings for every One hundred Pounds so from time to time sanctioned to be expended on such 30 improvements as aforesaid, including such costs and expenses of such report and investigation as aforesaid; and so on in proportion for any lesser amount, and to be payable for any term, not exceeding the term of Twenty-two Years, to be computed from the day of the date of the registry of such order or further order of sanction as hereinbefore in 35 that behalf mentioned, or from any day to be named in such deed or writing being within Thirty Days after the day of the date of such registry, such rent-charge to be paid by equal yearly or by equal halfyearly payments, on such days as shall be directed by such deed or writing as aforesaid; the first of such payments to be made on the next 40 of such days which shall happen after the day from which such term shall be computed as last aforesaid, not being within Six calendar Months after the same day. And be it Enacted, That every owner of land so charged as aforesaid, and absolutely entitled thereto, shall be the party to pay 105. B the |