be executed under such presentments, shall be charged upon the barony, half barony, county of a city, or county of a town for which such sessions were held, or upon the electoral division or part thereof situate within such barony, half barony, county of a city, or county of a town respectively within which such work shall have been or shall be executed, 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, and cess-payers associated with them in the business of such presentment sessions, shall be dissatisfied with the determination of the said Commissioners respecting the manner of charging any such sum, it shall be lawful for them, by resolution, to appoint any of their number to prepare and present to the Lord Lieutenant, within fourteen days after the holding of such presentment sessions, a memorial, signed by the chairman of such presentment sessions, setting forth the 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. VII. That if in such last-mentioned instrument the said last-mentioned Commissioners shall determine that any such sum of money therein mentioned shall be charged upon any such barony, half barony, county of a city, or county of a town, then the amount thereof, with interest at the rate of 3l. 10s. per cent. per annun, 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 firstrecited Act is provided with respect to any monies charged and recoverable by and under that Act. VIII. That if in such last-mentioned instrument the said last-mentioned Commissioners shall determine that any such sum of money therein mentioned shall be charged upon any electoral division, or part thereof, as aforesaid, 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 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. 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. That the said first-recited Act and this Act shall be construed together as one Act. XI. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. SCHEDULE. SIR, Dublin Castle, 5th of 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 hereinafter 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 Amendments. 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, Sir, Your obedient Servant, H. LABOUCHERE. The Chairman of the Board of Public Works. CAP. XI. AN ACT to explain and amend the Act authorizing the Advance of Money for the Improvement of Land by Drainage in Great Britain. (30th February 1847.) ABSTRACT OF THE ENACTMENTS. 1. Certain expenses deemed to be included as expenses of works of drainage. 2. Plans, &c. may be dispensed with in certain cases. 3. Applicants for advances may withdraw or reduce the amount of their applications. 4. Applicants may substitute applications (in respect of other lands) for the applications withdrawn or reduced in amount. 5. Where separate applications have been made by the same owner for several advances, the same may be consolidated. 6. Advances may be made on account in certain cases. 7. Time for completion of works. 8. Form of certificates and their effect. 9. Provisional certificate may be assigned. 10. As to the words "owner of lands." This Act to be deemed part of the recited Act. 12. Act may be amended, &c. By this ACT, After reciting the passing of 9 & 10 Vict. c. 101, and that it is expedient that the said Act should be explained and amended: It is Enacted, 1. That the expenses hereinafter mentioned shall be deemed to be and may be included among the expenses of works of drainage, in respect of which advances may be made under the provisions of the said Act; (that is to say,) The expense 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 expense 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 expense 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 expense 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. II. That where by the said Act the plan, estimate, and specification of the proposed drainage is required to be inspected or examined by and to be annexed to the 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 particulars of the land proposed to be drained, and of the proposed or any other manner of effecting the drainage thereof, and of the estimated expenses of such drainage, as shall appear to him necessary and sufficient to enable the Commissioners to judge of the expediency of an advance in respect of the proposed works; and where in the provisional certificate, or in any subsequent proceedings, reference is by the said Act required to be made to the plan and specification annexed to such Report, reference may be made thereto, or to the said Report, as circumstances may require; and it shall be lawful for the Commissioners to certify their opinion that an advance should be made in respect of any works, notwithstanding any deviation therein from the proposed manner of effecting the drainage, if such deviation shall appear to the Commissioners to be expedient, and productive of improvement as permanent and of as great yearly amount as the manner at first proposed. III. That all parties who shall have made applications for advances under the said Act may at any time, before provisional certificates shall have been issued thereon respectively, by writing, addressed to the Commissioners, withdraw or reduce the amount of the advances for which their several applications are made; and the Commissioners may deal with any application for such reduced advance in the same manner in all respects as if the advance for which such application is made had been originally limited to the amount to which the same shall be so reduced. IV. Provided and enacted, That any party who shall withdraw an application or reduce the amount of the advance for which his application may have been made, under the provision hereinbefore contained, may at the time of such withdrawal or reduction substitute for the application so withdrawn an application for an advance for the drainage of any of his lands not comprised in his previous application; and if the advance applied for by such substituted application do not exceed the advance for which the application so withdrawn may have been made, or (in the case of such reduction as aforesaid) do not exceed the amount withdrawn by reduction from the advance for which the previous application may have been made, the Commissioners may, in dealing with such substituted application, give the same the benefit (if any) in respect of priority to which they might have deemed it entitled if it had been made at the same time, and instead, in whole or in part, of the previous application: Provided always, that every such substituted application shall, in respect to the notice required to be given by advertisement, and all inquiries and proceedings to be had thereupon, except as aforesaid, be dealt with as an original application. v. That where separate applications shall have been made by the same owner for several advances for the drainage of several lands, or where successive applications shall have been made for an advance, and a further advance for works of drainage on the same lands, it shall be lawful for the Commissioners (with the consent of the owner for the time being of such lands or land) by their provisional certificate, or by any other writing under their seal, to declare such several applications to be consolidated and treated as one application, and thenceforth the proceedings and the provisional certificate, and the certificates respectively which shall be had and issued upon such consolidated application, shall be had, framed, and issued respectively in the same manner, and shall have the same force and effect in all respects, as if the aggregate amount of the advances applied for by the several applications had been applied for, and in the case of several lands and works as if such several lands and works had been all mentioned and included in one application: Provided always, that where such separate applications as aforesaid shall have been made for advances for the drainage of several lands, such applications shall not be consolidated without the like notice by advertisement of the proposed consolidation as by the said recited Act is required in respect of an application for an advance; and where such notice by advertisement shall be given, any person who would have been authorized to dissent from an application for an aggregate advance in respect of the lands comprised in such several applications may dissent from such proposed consolidation, and the provisions of the said recited Act in relation to dissents shall be applicable to dissents from a proposed consolidation. VI. That where a provisional certificate has been or shall have been issued under the said Act, it shall be lawful for the Commissioners, whether a declaration shall or shall not have been inserted in the provisional certificate for this purpose, to certify to the Commissioners of the Treasury that an advance on account should be made in respect of any part of the proposed works which shall have been actually executed, not exceeding in amount the whole of the sum then actually expended thereon, in case it shall be shewn to the satisfaction of the Commissioners that the part so executed will, independently of the part remaining unexecuted, be durable and effectual, and produce an improvement in the yearly value of the land exceeding the amount of the yearly charge which can be made under the said Act in respect of such advance. VII. That no provisional certificate shall be issued under the said Act unless it shall be shewn to the satisfaction of the Commissioners, or security be given to their satisfaction by the party applying for the advance, that the works for which the advance is to be made may be completed within five years from the date of the certificate; and the Commissioners shall annex to every provisional certificate to be issued under the authority of the said Act a provision that all works in respect of which they shall certify their opinion that an advance should be made shall be completed within five years as aforesaid, and no provisional certificate shall be issued upon any application or applications by the same owner for any larger sum than 10,0007.; Provided always, that in case it shall be shewn to the satisfaction of the Commissioners, or security be given to their satisfaction by the party applying for the advance, that the works for which the advance is to be made may be completed within three years from the date of the certificate, and that it shall also appear to the satisfaction of the Commissioners that such works are to be executed within any district in Scotland in which distress prevails, and that such works may be executed by the labour of the inhabitants of such district, it shall and may be lawful for the said Commissioners in such case, on the application of any owner, and with the sanction of the Commissioners of Her Majesty's Treasury, to issue a provisional certificate or provisional certificates for such larger sum or sums as they in their discretion shall see fit, subject to a provision to be annexed to such last-mentioned certificate that such works shall be completed within the said period of three years. VIII. That certificates and provisional certificates under the said Act may respectively be made in such form as the Commissioners shall think fit; and every such certificate and provisional certificate respectively, when sealed with the seal of the Commissioners, shall for all purposes be conclusive evidence that all the applications and acts whatsoever which ought to have been made and done previously to the issuing thereof have been made and done by the persons authorized to make and do the same, and that an advance may be issued by virtue of such certificate, and that the land shall become charged in respect of such advance; and no such certificate or provisional certificate shall be impeached by reason of any omission or mistake therein. IX. That any owner of land to whom a provisional certificate shall have been issued under the said Act, or any subsequent owner of such land, may assign such provisional certificate, by way of security, to any person who may have advanced or may agree to advance monies for the execution of the works therein mentioned, and such assignment may be made by an indorsement on the provisional certificate in the form set forth in the Schedule to this Act; and such assignee shall be entitled to claim and receive, upon and in respect of such provisional certificate, such advances as the owner by whom the assignment shall have been made might have claimed and received in case such assignment had not been made, subject nevertheless to the right of the owner as against such assignee to an account of the advances so received, or of so much thereof as shall not be owing on his security; and, subject to the rights of assignees as aforesaid, each advance shall be made to the owner by whom the works in respect of which an advance may be made shall appear to the Commissioners to have been executed, and who shall have been named in the certificate accordingly, or to the legal personal representative of such owner; and where an aggregate advance shall be made in respect of works which shall have been in part executed by an owner whose ownership shall have ceased, and in part by a subsequent owner, the advance shall be apportioned by the Commissioners between the owners in such manner as by the report of a surveyor or assistant commissioner, or otherwise, shall appear to the Commissioners to be reasonable, having regard to the sums expended by the successive owners, and such successive owners may be named in the certificate accordingly. x. And it is declared and enacted, That the words "owner of lands" shall, as to lands in Scotland, include any corporation. XI. That this Act and the recited Act shall be construed together as one Act, and the provisions herein contained shall be deemed to extend to all proceedings and matters already taken and done in the same manner as if such provisions had been originally inserted in the said recited Act. XII. That this Act may be amended or repealed by any Act to be passed in this session of Parliament. SCHEDULE to which this Act refers. I A. B. of Form of Assignment of Provisional Certificate. in consideration of the Sum of Pounds paid to me [or of the Advances which may be made to me] by C. D., do hereby assign to the said C. D. the within written Provisional Certificate, and all my Right and Interest in and to the Advances which may be made in virtue thereof, to the Intent that the said C. D., his Executors, Administrators, or Assigns, may claim and receive such Advances, and may thereout retain the said Sum of with Interest for the same at per Centum per Annum [or such Sums as per Centum per Annum from may be advanced to me by the said C. D. as aforesaid, with Interest at the Time of the respective Advances thereof.] In witness whereof I have hereunto set my Hand, this Day of 18 . CAP. XII. AN ACT for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters. This ACT contains the following clauses : (23rd April 1847.) 1. Whole number of forces to consist of 18,398 men, exclusive of the officers and men belonging to the regiments employed in the territorial possessions of the East India Company, but including the officers and men of the troops and companies recruiting for those regiments.-Articles of War made by Her Majesty to be judicially taken notice of. 11. Persons subject to this Act. III. Act to extend to Jersey, Guernsey, &c. IV. Foreign troops in this country subject to provisions of the Act. v. Act not to extend to militia and yeomanry. VI. Power to constitute courts-martial. VII. General courts-martial. VIII. District or garrison courts-martial. IX. Regimental and detachment courts-martial. x. Courts-martial on line of march or in troop ships. XI. Courts-martial in special cases out of the Queen's dominions. XII. Mixed courts-martial in case of marines and East India Company. XIV. Proceedings at trial. XV. Swearing and summoning witnesses. XVI. Previous convictions to be put in evidence. XVII. Report of proceedings of general and district courts-martial. XVIII. No second trial, but revision allowed. XIX. Crimes punishable with death. xx. Judgment of death. XXI. Commutation of death for transportation. XXII. Embezzlement punishable by transportation. XXIII. Execution of sentences of transportation in the United Kingdom. XXIV. In the colonies. xxv. Power to inflict corporal punishment. XXVI. Power to inflict corporal punishment and imprisonment. XXVII. Power to commute corporal punishment. XXVIII. Forfeiture of pay and pension by sentence of court-martial. XXIX. Forfeiture of pay on conviction of desertion or felony. XXX. Forfeiture of pay when in confinement under sentence:-or during absence on commitment under a charge;-or in arrest for debt;-or when prisoner of war;-or when convicted of desertion, or of absence without leave;-or when absent without leave not exceeding five days. XXXI. Forfeiture of pay for drunkenness on duty. XXXII. Forfeiture of pay and liquor for habitual drunkenness. XXXIII. Stoppages. XXXIV. Discharge with ignominy, XXXV. Marking deserters. XXXVI. Power of imprisonment by different kinds of courts-martial. XXXVII. Imprisonment of offenders already under sentence for previous offence. XXXVIII. Term and place of imprisonment. XXXIX. Military prisons. XL. Custody of prisoners under military sentence in common gaols. XLI. Proviso for removal of prisoners. XLII. Their subsistence in common gaols. XLIIL Expiration of imprisonment in common gaols. VOL. XXV.-STAT. D |