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To provide further Facilities for the Permanent Improvement

of Landed Property in Ireland by the Owners thereof.

[Note.—The Words printed in Italics are proposed to be inserted in

the Committee.]

W

1.

ers for the

this Act.

HEREAS it is expedient that further facilities should be Preamble.

given for the permanent Improvement of Lands in Ireland ; BE it Enacted, by The QUEEN's most Excellent MAJESTY, by

and with the Advice and Consent of the Lords Spiritual and Temporal, 5 and Commons, in this present Parliament assembled, and by the

Authority of the same, THAT the Commissioners of Public Works Commissionin Ireland for the time being shall be the Commissioners for the exe- Works to be cution of this Act, and shall, for the purposes of this Act, be a cor

Commissionporation, with perpetual succession, and a common seal to be by them execution of 10 altered or varied at pleasure; and such Commissioners shall have full

power to appoint so many and such Engineers, Surveyors, Agriculturists, Clerks and other Officers as may be necessary for the purpose of carrying this Act into execution, in the same manner and with the

same powers, and subject to the same authorities as the said Comınis15 sioners of Public Works may now appoint any Officers and Clerks

under any Act or Acts now in force in Ireland ; and it shall be lawful for the said Commissioners to make such rules and regulations as they shall from time to time think proper with respect to applications under

this Act, and to issue such instructions and forms as they may think 20 proper for the guidance of and observance by persons making such

applications, or executing works, or rendering accounts of monies
advanced under this Act, and with respect to all other matters in and
about the execution of this Act not hereby especially referred to the
determination of

any
other

person, court or body.
105.

And

A

2. Who shall be deemed Owners.

And be it Enacted, That any person seised of or entitled at law or in equity to land, as tenant in fee-tail, general or special, or as tenant in dower or by courtesy, and also any person who shall be entitled to land under any will or settlement, or any other deed or instrument (except a grant or lease reserving rent), for his own life or 5 the life of any other person, or jointly for his own life and the life of any other

person or persons, or for years determinable on such life or lives, and also any person who shall be entitled to land under any lease granted by any collegiate or ecclesiastical betly, or other corporation sole or aggregate, or under any lease granted by any person 10 having immediate or derivative title from or under any such collegiate or ecclesiastical body, or other corporation sole or aggregate, which lease shall contain a covenant of perpetual renewal or for renewal toties quoties, and also any person who shall be entitled to land under any giant, lease or any other deed or assurance for an estate in fee, or for an 15 estate or interest, for any life or lives renewable for ever, or for a term of

years absolute, whereof Forty Years or more shall be unexpired at the time of application, or for any term of Forty Years or more, renewable on the fall of any life or lives, or for any term or terms of years renewable for ever, whether such last-mentioned person shall be 20 entitled to land for any such estate, term or interest, either absolutely or as tenant in tail, or as quasi tenant in tail, or for his life; and also every archbishop, bishop, parson or other ecclesiastical person, as to lands held by them in their respective corporate capacities; and also every feoffee or trustee of any land, or of any such estate or interest therein 25 as aforesaid for charitable or other purposes; and also every trustee of any such estate or interest as aforesaid who shall be in the actual possession of the land, or in receipt of the rents payable by the tenants of such land, shall be deemed an owner of such land for the purposes of this Act; and in every case in which any person seised, 30 possessed of, or entitled to any such land, for any such estate or interest as aforesaid, shall be an infant, feme covert, idiot or lunatic, the guardian of such infant, the husband of such feme covert, and the committee of the estate of such idiot or lunatic, shall be deemed an owner of such land for the purposes of this Act : 35 Provided always, That no person, except a mortgagee in possession or receipt of rent of the mortgaged lands, or any part thereof, shall be deemed an owner for the purposes of this Act, for or by reason of any estate vested in him, which shall have been created by way of mortgage, or for securing the payment of any sum of 40 money, but that the person who would be deemed an owner for the purposes of this Act, if such estate by way of mortgage or for securing any money had not been created, shall, notwithstanding such mortgage or security, or any other incumbrance, be deemed such owner as aforesaid : Provided also, That a feme covert entitled to rents and profits for her separate use, and whether or not restrained

from

from anticipation, shall for the purposes of this Act be considered as
a ferne sule: Provided also, That where several persons in succes-
sion shall have in any land such estates or interests as would entitle
each of them, under the provisions aforesaid, to be so deemed an owner,

such of the said persons shall be deemed the owner for the purposes 5

of this Act, as shall be in actual occupation of the said land, or in
case the person in actual occupation shall not be entitled to be deemed
an owner under this provision, then the person who shall have the first

such estate or interest as aforesaid therein, in reversion or remainder, 10 to or about the estate or interest of the person in actual occupation,

as may entitle him to be deemed an owner under this provision, shall
be deemed the owner for the purposes of this Act.

3.
And be it Enacted, That joint tenants, tenants in common and co- Joint Tenants
parceners of

any
land

to be acmay,

in respect thereof, be accounted as the counted as 15 owner under the provisions of this Act: Provided always, That any

one person. such person or persons interested in or possessing more than one-half of such land may, subject to the provisions aforesaid, be deemed entitled to make such application as hereinafter mentioned, under this

Act; and any such application, and the proceedings thereon, shall be 20 binding upon all other persons interested in such lands, and upon their

estates and interests therein.

4. And be it Enacted, That all such sanction to be given under this Applications Act as hereinafter mentioned shall be so given to any improvements Act to be in

under this of a permanent nature; (that is to say) the drainage of any lands by works of Im25 any such means as the said Commissioners shall approve, subsoiling, provement.

trenching or otherwise deepening and improving the soil, irrigation or warping of land, embanking lands from the sea or tidal waters or rivers, inclosing or fencing any land, or improving fences, drains,

streams or watercourses of any land, reclamation of waste or other 30 land, making, improving or repairing farm-roads and farm-buildings,

clearing lands of rocks and stones, or any other permanent improvements which the said Commissioners may approve of as such.

Owners of
Lands

may

Act on ob

sioners.

5 And be it Enacted, That any owner of land within the meaning of this Act, being in actual possession thereof, who may desire to improve

layout money 35 the same under the provisions of this Act, may apply to the said Com- under this

missioners by memorial, as hereinafter mentioned, to sanction such in- taining the tended improvement; and such memorial shall state the amount pro- the Commisposed to be expended by such applicant on such intended improve

ment, and shall be made in the form in the Schedule (A.) to this Act 40 annexed, or as near thereto as in the opinion of the said Commissioners

the circumstances of the case will admit, and shall contain the names or denominations of the lands proposed to be charged, and on which or on any part of which any such improvements as aforesaid are proposed

105

A 2

to

5

to be made, the estate or interest which such applicant may have in such land, the estimated expense of effecting the proposed improvements, the amount of quit-rents and rent-charges in lieu of tithes payable in respect of such land or any part thereof, the annual value of such land, and the estimated increase in the annual value expected to arise to the lands the subject of such improvement; and every such memorial shall be accompanied by a plan of such lands, as well as by an estimate and specification in detail of the proposed works, together with such other plans and particulars (if any) as the said Commissioners by any rules or regulations to be made by thein from time to time may require.

6. Costs of

And be it further Enacted, That the said Commissioners may require Report on Memorial to

security by deposit, bond or otherwise, to be given in such form as the Commis- they shall think fit, in any case, by such owner of the land making such sanction such application as last aforesaid, or by any other person or persons 15 to be paid by Applicant,

in his behalf, or jointly with him, for the payment to the said Comand security to be given

missioners of such sum as the said Commissioners may require to for the same ; defray the expenses of obtaining a report upon and investigating the

subject of any such application as last aforesaid, including all expenses consequent upon any such investigation ; and such payment shall in 20 all cases be made by the person making the application, and that

whether such sanction of the said Commissioners as last aforesaid but in case of

shall be given upon the application or not: Provided nevertheless, such sanction That in case the said Commissioners, upon investigation, shall think being obtained, such

fit to give their sanction to such intended improvement as aforesaid, 25 part of charge then and in that case the costs and expenses of such investigation by on Lands.

the said Commissioners shall form part of the sum in respect of which
a rent-charge shall be charged on such lands so as hereinafter men-
tioned under the provisions of this Act.

costs to form

7. Commissioners may cause Land to be inspected.

And be it Enacted, That the said Commissioners, if they shall think 30 fit, shall cause the land, and the plan, estimates and specifications of the works proposed in any such application as last aforesaid to be inspected and examined by a competent person, who shall report his opinion thereon, and whether the proposed works or any additional works, or any modification of the proposed works, will effect imme- 35 diately or prospectively an improvement in the annual value of the land to any amount, or to any specified amount exceeding the utmost annual amount to be charged thereon, so as next hereinafter mentioned under this Act, and he shall annex to such report either the plan, specifications and estimates so furnished to the said Commissioners 40 by such applicant as last aforesaid, or some other plan, specification or estimate, for effecting and carrying out the works in a substantial and durable manner; and the said Commissioners may, with the consent of the person making such application as last aforesaid, make

such

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