Case of "District."

Case of "Lands of Proprietors."

Case of " County," "District," and "Lands," or any Two of

them conjointly.

Provisional
Declarations,
Plans, Esti-

mates, &c. to be
lodged for pub-
lic Inspection.

Meetings to

hear Objections may be held in

certain Cases.

Third. If the Work be on or near the Shore of a cultivated
or populous District or Island, or for such Reason or other-
wise is calculated to confer important local Advantage, as a
landing or shipping Place for agricultural or other Produce
or Goods, as well as a Fishing Station or Market, such Loan
ought to be secured and become chargeable on the adjacent
"District," to be determined and defined as aforesaid:
Fourth. If the Work be situate in or near uncultivated or
partially cultivated Lands, or in remote or thinly-peopled
Districts, or be otherwise calculated to confer important
Advantages on the Estates or Properties of Proprietors of
Lands (as defined by this Act) to an Extent in the Opinion
of the said Commissioners commensurate with the Amount
of the Loan to be secured, then such Loan ought to be secured
and become chargeable upon the "Lands" of such "Pro-
prietors," as herein-after provided :

Fifth. If a Combination of the Circumstances and Advantages
described in the foregoing Regulations should be found to
exist, or in Cases where Piers or Harbours chiefly useful for
the Refuge and Rendezvous of Fishing Vessels are constructed
near remote Headlands or in Islands, the Amount of such
Loan ought to be secured by and become chargeable on the
"County or Counties," "District," or "Lands," in propor-
tionate Parts accordingly.

XIII. And be it enacted, That the said Commissioners shall cause a Copy of such provisional Declaration, together with such Maps, Plans, Sections, and Estimates of the proposed Works as they shall think fit and sufficient, to be deposited for public Inspection at all reasonable Times, for a Period not less than Two Weeks, in such convenient Place or Places as the said Commissioners shall think proper within the County or Counties, or in or in the Vicinity of the District or Lands, as the Case may be, which it is proposed should become chargeable with the Repayment of any Money advanced by way of Loan for such Works; and all Persons shall be at liberty to inspect or make Copies of or Extracts from such Declaration, Maps, Plans, Sections, or Estimates which may be so deposited; and Notice of the Time and Place of such Deposit shall be published in some Newspaper usually circulated in the County, District, or Place in or near which said Work is proposed to be made or constructed, and posted in such public Places as the said Commissioners shall think fit within such County, or in or near such District or Place as aforesaid; and by such Notice all Parties interested shall be required, on or before a Day therein to be named, not sooner than Two Weeks from such Publication and posting as aforesaid of such Notice, to transmit to the Secretary of the said Commissioners in Dublin their Objections (if any) in Writing to the said Declaration, Maps, Plans, Sections, and Estimates, and all other Objections which such Parties shall think fit to make with respect to any thing proposed to be done by the said Commissioners under the Provisions of this Act.

XIV. And be it enacted, That in Cases in which the said Commissioners shall deem it expedient so to do they shall, by the Notice to be published and posted as aforesaid, or by a subse

quent

Preliminary

quent Notice to be published and posted in like Manner, call One or more public Meetings of Persons interested or likely to be affected by any such proposed Works, or the Charge for the same, to be held on such Day or Days subsequent to the Expiration of such Period of Two Weeks at such convenient Place or Places as shall be specified in such Notice: Provided always, that if any such Meeting shall be called by any subsequent Notice as before mentioned such Meeting shall be held on a Day not sooner than Two Weeks from the Date of such subsequent Notice.

Proceedings.

ration to be

printed.

XV. And be it enacted, That in any Case where such Meeting Proceedings at shall be called, then, at the Time and Place named in such Notice such Meetings as aforesaid, the said Commissioners, or One of them, shall attend, and final Decla and shall have Power to adjourn from Time to Time, or hold such new Meeting as they shall deem necessary, and shall hear or inquire into, on Oath or otherwise, all such Objections as shall have been or shall then and there by any Person interested be made to such Declaration, Maps, Plans, Sections, or Estimates, or proposed Works, or Charge in respect of the same, and after having considered all such Objections as aforesaid they shall at such Meeting, or subsequently thereto, or in case no Meeting shall have been called or held then upon considering the Objections (if any) which shall have been made in Writing pursuant to such first-mentioned Notice as aforesaid, cause such Alterations (if any) as they may deem expedient to be made in such Declaration, Maps, Plans, Sections, or Estimates, and shall finally settle and sign the same, and shall cause such final Declaration, so settled and signed, to be printed, and a Copy thereof to be furnished to the Memorialists in such Case, or to such Persons interested as they shall think fit, or who shall apply for the same: Provided always, that if the Commissioners shall deem it expedient to alter such Declaration in any Matter or Thing which shall have been provisionally approved of by the said Commissioners of Her Majesty's Treasury, such Alteration shall not be finally determined without the Approval of the said Commissioners of Her Majesty's Treasury.

or Assents

XVI. And be it enacted, That after such Declaration shall have Final Notice been finally settled and printed as aforesaid it shall and may be may be publawful for the said Commissioners, in the Cases following, to lished in case publish in the "Dublin Gazette," and otherwise as they shall the Presentment deem fit, a final Notice, stating that all the Requisitions of this herein required Act, with respect to the Work proposed to be executed, and to be made or all Matters and Things preliminary to the Commencement of the given. same, and with respect to the Security or Charge for any Monies to be advanced for such Work by way of Loan, have been complied with; (that is to say,)

First.-Where by such Declaration it shall be declared that in Case of the Opinion of the said Commissioners any "County" ought "Counties" to to secure and become chargeable with the Repayment of any be chargeable. Sum of Money to be advanced by way of Loan for such Work, then in such Case such final Notice shall be published if the Grand Jury of the County, or in the Case of Two Counties if the Grand Jury of the County to become liable to repay the Half or more of such Sums of Money, shall make a Presentment approving of the proposed Work, and consenting that such Sum of Money, or proportionate Part, as the Case

may

Preliminary Proceedings.

Case of "District" to be chargeable.

1 & 2 Vict. c. 56.

Case of "Lands of Proprietors” to be chargeable.

Case of

County, District, or Lands," or any Two of them conjointly.

may be, shall be secured by or become chargeable and levied upon such County at large, under the Provisions of this Act: Second. Where by such Declaration it shall be declared that in the Opinion of the said Commissioners any "District ought to secure and become chargeable with the Repayment of any Sum of Money to be advanced by way of Loan for such Work, then in such Case such final Notice shall be published, if, at a Meeting which may be convened by public Notice issued by the said Commissioners, and at which Meeting an Officer appointed by the said Commissioners shall attend and preside, the Majority of the Rate-payers present who, under an Act of the First and Second Years of Her present Majesty, intituled An Act for the more effectual Relief of the destitute Poor in Ireland, and any Act amending the same, shall have been rated under the then last Rate in respect of Property in such District, shall approve of and assent to the proposed Work, unless, in case of a Division or Poll at such Meeting, upon a Scrutiny which such Officer shall be authorized to take, it shall appear to such Officer as aforesaid that the Rate-payers declaring their Dissent at such Meeting were by the then last preceding Rate rated in respect of Property valued at more than Half the net annual Value of the rateable Property within such District :

Third. Where by such Declaration it shall be declared that in the Opinion of the said Commissioners the "Lands of any Proprietors" ought to secure and become chargeable with the Repayment of any Sum of Money to be advanced by way of Loan for such Work, then in such Case such final Notice shall be published if the Proprietors of so much of the Lands as according to such Declaration ought to secure or become chargeable with more than One Half the Amount of such Sum of Money shall assent in Writing to the proposed Work: Fourth. Where by any such Declaration it shall be declared that in the Opinion of the said Commissioners such Sum of Money to be advanced by way of Loan for such Work ought to be secured conjointly by any "County, District," and "Lands of Proprietors," or by any such County and District conjointly, or County and Lands of Proprietors conjointly, or District and Lands of Proprietors conjointly, then in such Case such final Notice shall be published if such County, District, or Proprietors which or who would become liable to such Charge shall have as aforesaid, in the Manner and subject to the Regulations herein-before mentioned, respectively approved or assented to such Work:

Provided always, that such final Notice shall and may be published in any Case in which the Commissioners of Her Majesty's Treasury shall deem fit to accept and signify their Approval of any other Security for the Repayment of the Monies advanced by way of Loan for any such Work in lieu of the Security herein prescribed or provided, any thing in the foregoing Regulations or Provisions to the contrary notwithstanding; and provided also, that it shall be lawful for the Grand Jury of any County, without Application to Presentment Session, to make any such Presentment as herein-before mentioned in relation to any such proposed Work.

XVII. And

XVII. And be it enacted, That any Person seised or entitled Who shall be to any Land proposed to be made chargeable under the Provisions deemed Proof this Act for the Repayment of any Money advanced by way of prietors. Loan, in possession, as Tenant in Fee Simple or in Fee Tail, General or Special, or as Tenant by Courtesy, and also any Person who shall be entitled under any Will or Settlement, or any other Deed or Instrument (except a Grant or Lease reserving Rent, or an Agreement in Writing for such Grant or Lease), for his own Life, or the Life of any other Person, or for Years determinable on such Life or Lives, and also any Person who shall be entitled under any Lease granted by a Bishop or any Collegiate or Ecclesiastical Body, or under any Lease granted by any Person having immediate or derivative Title from or under any Bishop or any Collegiate or Ecclesiastical Body, which Lease shall contain a toties quoties Covenant of Renewal, and also any Person who shall be entitled under any Grant, Lease, or any other Deed or Assurance for an Estate in Fee, or for a Term of Years absolute whereof One hundred Years or more shall be unexpired, or for an Estate or Interest for any Life or Lives renewable for ever, or for any Term or Terms of Years renewable for ever, whether such last-mentioned Person shall be entitled to 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 Feoffee or Trustee of any such Land, or of any such Estate or Interest therein as aforesaid, for charitable or other Purposes, shall be deemed a Proprietor of such Land for the Purposes of this Act; and in every Case in which any Person seised, 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, subject to the Provisions herein-after contained, be deemed a Proprietor of such Land for the Purposes of this Act: Provided always, that no Person shall be deemed a Proprietor 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 the Purpose of securing the Payment of any Sum of Money, but that the Person who would be deemed a Proprietor for the Purposes of this Act if such Estate by way of Mortgage or for securing any Money had not been created shall, if in the actual Possession or Receipt of the Rents, Issues, and Profits thereof, notwithstanding such Mortgage or Security, be deemed such Proprietor as aforesaid: Provided also, that where several Persons shall have in any such Land such Estate or Interests as would otherwise entitle them under the Provisions aforesaid to be so deemed Proprietors, such of the said Persons shall be deemed the Proprietor for the Purposes of this Act as shall be in actual Occupation of the said Land, or as shall have such Estate or Interest as aforesaid therein next in reversion or remainder to the Estate or Interest of the Person in actual Occupation.

-XVIII. Provided always, and be it enacted, That it shall and Trustees, &c. may be lawful for any Feoffee or Trustee for charitable or other may apply to Purposes, and also for any Guardian, Husband, or Committee of Court of Chancery for Leave any Infant, Feme Covert, or Idiot or Lunatic respectively, (on to assent. 9 & 10 VICT.

D

behalf

Preliminary
Proceedings.

Joint Tenants

to be accounted as One Person.

Assents may be given by Per

sons authorized.

Publication of

final Notice to

be conclusive.

Errors, Omissions, Misstatements, or Misnomers in

Proceedings or

behalf of their respective Infants, Wives, Idiots, or Lunatics,) or for any Receiver appointed by any Court of Equity over the Estate of any such Proprietor, to apply, if they shall think fit, in a summary Way, by Petition to Her Majesty's Court of Chancery in Ireland, for Leave to assent to the Execution of any Works proposed to be done under the Provisions of this Act; and the said Court shall have Power to inquire into the Propriety of giving such Assent, and to make such Order on the Petition, and as to the Costs thereof, as to the Court shall seem meet; and if the Court shall authorize any such Assent being given, then it shall be lawful for the Person who shall have presented the Petition to give such Assent, and the same shall be as binding and effectual to all Intents and Purposes whatsoever as if the Person giving the same had been the actual Proprietor of the Lands in respect of which such Assent shall be given.

XIX. And be it enacted, That joint Tenants, Tenants in Common, and Coparceners, jointly interested in any Portion of Land proposed to be made chargeable as aforesaid, shall in respect of the Land in which they are so interested be accounted as One Person: Provided always, that the Concurrence of the Person or Persons interested in or possessing more than Half of the Estate or Interest in such Portion of Land shall be sufficient for the Purpose of giving such Assent as aforesaid.

XX. And be it enacted, That the Assents of Proprietors required to be given in Writing for any of the Purposes of this Act may be given by the known Agent or Attorney of any such Proprietor.

XXI And be it enacted, That the Publication of any such final Notice shall be deemed final and conclusive Evidence that the several preliminary Measures, Proceedings, and Requisitions hereinbefore directed to be taken and observed have been duly taken and observed, and no Error, Misdescription, Misnomer, Mis-statement, or Omission in any of the Maps, Plans, Sections, Estimates, Declarations, or Notices by this Act required to be prepared, lodged, enrolled, or given by the said Commissioners shall invalidate the same or any of them, or any of the Proceedings under this Act; and from and after the Publication of such final Notice no Error or Omission whatever in any of the Proceedings preliminary to the issuing of such final Notice shall be deemed to affect or invalidate any such Proceedings, or the Powers and Authorities of the said Documents pre- Commissioners, or prevent them from proceeding with the Execuvious to and in- tion of the Works in their Opinion necessary, and for that Purpose effecting any Purchases, and doing all Matters and Things requisite for carrying fully into effect any such Works, or the Provisions of shall not invali- this Act in relation thereto, nor to affect or invalidate any Award date any of the to be made by the said Commissioners in respect of any of the Proceedings Works, or the County, District, or Lands to become chargeable in under this Act. respect thereof, nor the Extent of such District or Lands to become liable for the Repayment of any Part of the Cost of the Works, nor any other Matter or Thing done or omitted to be done by the said Commissioners previously or subsequently to the publishing of such final Notice; and the Approval of or Assent to any Work which shall have been received by the said Commissioners from any such Meeting of any District, or from any Proprietor

clusive of the Publication of the final Notice

12