Certificate of Recognizance being duly filed. Time of Imprisonment how reckoned. Execution thereupon shall be stayed until such Writ of Error shall be finally determined; and in case the Defendant or Defendants shall be imprisoned under such Execution, or any Fine shall have been levied, either in whole or in part, in pursuance of such Judgment, the said Defendant or Defendants shall be entitled to be discharged from Imprisonment, and to receive back any Money levied on account of such Fine from the Person or Persons in whose Possession the same shall be, until such final Determination as aforesaid: Provided always, that no Execution upon any such Judgment shall be stayed unless and until the Defendant or Defendants shall become bound by Recognizance, to be acknowledged before One of the Judges of Her Majesty's Court of Queen's Bench, or One of the Commissioners appointed to take Special Buil in Actions depending in the Superior Courts, with Two sufficient Sureties to be approved of by such Judge or Commissioner, in such Sum as such Judge or Commissioner shall direct, to prosecute the Writ of Error with Effect, and in case the Judgment shall be affirmed, forthwith to render the said Defendant or Defendants to Prison, according to the said Judgment, where Imprisonment shall have been adjudged; and every such Recognizance shall, after Justification of Bail, be filed of Record in the said Court of Queen's Bench, in like Manner and upon Payment of the like Fees as in the Case of other Recognizances filed in the Crown Office in that Court; and the Judge of the said Court of Queen's Bench, and the said Commissioner, shall have the like Powers, in respect of the justifying such Bail in Error, and the Examination of the Sureties, and the like Rules shall apply, as in respect of Special Bail in Actions depending in such Court: Provided always, that in the Case of any Defendant under legal Disability it shall be sufficient if Two Persons, to be approved of by such Judge or Commissioner, shall become bound by Recognizance on the Behalf of such Defendant, to be acknowledged and conditioned as aforesaid. II. And be it enacted, That the Clerk of the Crown in the said Court of Queen's Bench shall for the Purposes herein-after mentioned make out and deliver to the Defendant or Defendants, or his or their lawful Attorney, Certificates in Writing under his Hand that such Recognizance is duly filed of Record in such Court, upon Payment of the like Fee as for other Certificates delivered at the Crown Office; and any such Certificate, when duly verified by Affidavit to be made before One of the Judges of the Superior Courts of Common Law, or a Commissioner duly authorized, shall be a sufficient Warrant to every Gaoler or other Person having Custody of such Defendant or Defendants in execution of such Judgment to discharge him or them out of Custody, and also to every Person having in his Possession the whole or any Part of any Fine levied in Execution of such Judgment to authorize and require the Repayment thereof to the Defendant or Defendants; but no Person who shall have received any such Money, and have paid it over to any other Person, according to the Course of the Exchequer, shall be liable to repay to the Defendant or Defendants any Part of the Money so paid over. III. And be it enacted, That where Judgment upon such Writ of Error shall be affirmed, and Imprisonment shall have been adjudged, the Period for its Continuance in pursuance of such Judgment Judgment, if such Imprisonment shall not have commenced under such Execution, shall be reckoned to begin from the Day when such Defendant or Defendants shall be in actual Custody under such Judgment; and if the Defendant or Defendants shall have been discharged from Imprisonment in manner herein-before provided, such Defendant or Defendants shall be liable to be imprisoned for such further Period as, with the Time during which such Defendant or Defendants may already have been imprisoned under such Execution, shall be equal to the Period for which such Defendant or Defendants was or were so adjudged to be imprisoned as aforesaid. sonment till IV. And be it declared and enacted, That when the Judgment Payment and shall have been for Payment of a Fine, and Imprisonment until Recovery of such Fine be paid, either with or without Imprisonment for a a Fine not to certain Time, and the Defendant or Defendants shall have paid prevent Imprithe Fine, or the same or any Part thereof shall have been levied, Fine again paid. and shall have been received back, under the Provisions hereinbefore contained, and the Judgment upon Writ of Error brought shall be affirmed, the Defendant or Defendants shall not be entitled, by reason of such Payment as aforesaid, to be discharged from Imprisonment, notwithstanding the Expiration of any certain Time of Imprisonment for which the original Judgment shall have been given, until the Fine shall be again paid. to prosecute it. V. And be it enacted, That if the Court in which any such Writ Writ of Error of Error shall be pending shall upon Motion in that Behalf decide to be quashed that the Defendant or Defendants by whom it shall be brought has in case of Deor have wilfully delayed or neglected to prosecute the same with lay or Neglect Effect, it shall be lawful for such Court to order the Writ of Error to be quashed, and thereupon the Defendant or Defendants who brought such Writ of Error shall be liable to Execution upon the Judgment. VI. And be it enacted, That this Act shall not extend to Extent of Act. Scotland. VII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in this Session of Parliament. An Act to amend an Act of the Sixth Year of Her present WHEREAS by an Act passed in the Sixth Year of the Reign Act. of Her present Majesty, intituled An Act to promote the 5&6 Vict.c.89. Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland, it is amongst other things enacted, that if the Proprietors of Two Thirds or more in Extent of the Lands proposed to be drained or improved by Drainage under the Provisions of the said Act should have assented in Writing to the Execution of the proposed Works, the Commissioners acting in execution of said Act should make and sign a Declaration describing the Lands proposed to be drained or improved, and declaring the then actual Value thereof, and the Increase in such Value by means of the proposed LI 4 Works, 'Works, and the Proportion in which such Lands should be chargeable towards the Expence of the proposed Works, such Proportion being fixed according to such actual Value and such 'estimated Increase as aforesaid, and also stating the several other Matters and Things in and by the said Act authorized and required; and it is by the said Act further enacted, that it 'should and might be lawful for the Commissioners appointed under the said Act, from Time to Time as Occasion should require, to borrow and take up at Interest any Sum or Sums of Money required for defraying the Costs, Charges, and Expences to be incurred by them in the Execution of any Works for the Drainage and Improvement of any Land, or the Naviga tion of any River, or the Formation of any Reservoir under or by virtue of the said Act, and that the Repayment of such Sum or Sums of Money, with Interest at a Rate not exceeding Five Pounds per Centum per Annum, should be secured to the Party 'lending the same upon the Monies accruing to the said Commis⚫sioners under or by virtue of the Award to be made by the said • Commissioners as in the said Act mentioned; and it is in and by the said Act further enacted, that as soon as conveniently might be after any Works for the Drainage or Improvement of any 'Land or the Navigation of any River under the said Act, or any other Work by the said Act authorized, should have been completed, the Commissioners should draw up an Award or Instrument in Writing in the Manner and Form therein particularly ⚫ mentioned and described, and that the respective Sums of Money which by the Award of the said Commissioners should be 'specified as the Proportions or Contributions payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage, or by any Works under the said Act, towards the total Amount of the Sums expended in and about such Drainage or Improvements, as aforesaid, with Interest for 'such respective Sums of Money at a Rate not exceeding Five • Pounds per Centum per Annum from the Date of such Award, should be charged on such several Parcels or Portions of the Land so drained or improved as aforesaid, and that in preference to and with Priority over all Incumbrances on such Land: • Provided nevertheless, that any Quit or Chief Rent issuing thereout, or other Incumbrance thereon, previously to the Date of the said Award, should have Priority to such Charges to the Extent of the Value of such Land before the Improvements were effected, but no further; and the same respective Sums of Money, with such Interest for the same as aforesaid, should also be charged upon so much of any other Land situate within One Mile of any Part of the Lands so drained or improved, and settled with the Lands so drained or improved to the same Uses, Intents, and Purposes, by virtue of Limitations contained in the same Instrument or the same Set of Instruments, as the said ⚫ Commissioners should by their said Award, or any Instrument under their Hands and Seals enrolled in the Rolls Office, direct, limit, and appoint, having regard to the Sufficiency of the said Lands to satisfy and secure the Charge thereon, but subject, as to such other Land, to the full Amount of all Incumbrances affecting the same prior to the Date of the said Award: And ་ 'whereas Lands. 'whereas Applications have been made to the said Commissioners 'for the Drainage of Land, and the Improvement of Navigation and Water Power of several Rivers and Lakes, in Ireland, ⚫ and Undertakings and Works for those Purposes are now in progress under the Direction of the said Commissioners: And whereas it is expedient and just that the Monies to be charged ⚫ upon Lands by any such Award as aforesaid shall take Priority ' and have Effect as to such Lands from the Date of the said 'Declaration in and by the said Act authorized, instead of the Date of the said Award; and for the more effectual Attainment ' and Extension of the Benefits likely to arise from the said Act it is expedient to facilitate the raising of Monies for the Pur'poses thereof, and to amend the said Acts in certain other ' respects as herein-after mentioned:' Be it therefore 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 in the Case of all Loans to be effected and Declara- Apportioned tions to be made by the said Commissioners after the passing of Expences of this Act, under the Provision of said recited Act or this Act, the Works to be respective Sums of Money which, by the Award to be made by charged on the said Commissioners, shall be specified as the Proportions or Contributions payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage, or by any Works under the said Act or this Act, towards the total Amount of the Sums expended in and about such Drainage or Improvements as aforesaid, with Interest for such respective Sums of Money at the Rate not exceeding Five Pounds per Centum per Annum, shall from the Date of such Declaration be charged on such several Parcels or Portions of the Land so drained or improved as aforesaid, and that in preference to and with Priority over all Incumbrances on such Land, save only that any Quit or Chief Rent issuing thereout, or other Incumbrance thereon, previously to the Date of the Memorandum of the Registry of such Declaration, as by this Act authorized and directed to be made by the said Commissioners, shall have Priority to such respective Sums of Money so charged to the Extent of the Value (as stated by the said Commissioners in any such Declaration) of such Land before the Improvements were commenced, but no further; and the same respective Sums of Money, with such Interest for the same as aforesaid, shall also be charged upon so much of any other Land situate within One Mile of any Part of the Lands so drained or improved, and settled with the Lands so drained or improved, to the same Uses, Intents, and Purposes, by virtue of Limitations contained in the same Instrument or the same Set of Instruments, as the said Commissioners shall by the said Award, or any Instrument under their Hands and Seals, and enrolled in the Rolls Office, direct, limit, and appoint, having regard to the Sufficiency of the said Lands to satisfy and secure the Charge thereon, but subject, as to such other Land as aforesaid, not being Part of the Lands so drained or improved, to the full Amount of all Incumbrances affecting the same prior to the Registry of the Memorandum of such Declaration. II. And Provisions in recited Act as to Charge on to Land of II. And be it enacted, That the Provisions in the said recited Act and this Act contained relating to the Charge of any Monies or Interest on Land situate within One Mile of any Part of the Lands to apply Land drained or improved shall be deemed and construed to extend and apply to all Land belonging to the same Proprietor, as the Land so drained or improved, situate within One Mile of any Part of the Lands so drained and improved, for all his Estate and Interest existing at the Time of such Declaration of the said Commissioners as aforesaid. the same Pro prietor. The Proprietors The whole of the Lands be described in III. And be it enacted, That if any Proprietor shall prefer to give other Security in lieu of the Lands so situate within One Mile of the Lands drained or improved as aforesaid, such Security shall be given within a Time to be fixed by public Notice by the Commissioners previous to the Date of the Declaration aforesaid, any thing in the said Act to the contrary notwithstanding. IV. And be it enacted, That the Extent of the whole of the Land or Premises which, under the Provisions of said Act or chargeable shall this Act, may become chargeable with the Monies expended in the Declaration. Pursuance of the Provisions thereof, shall be entered, stated. or described in every such Declaration, as herein-before mentioned, to be made by said Commissioners; and when such Declaration shall be finally settled a Copy thereof shall be printed, and deposited with the Clerk of the Peace, as in said Act directed. The Commis Memorandum of Declaration to be drawn up and regis tered. V. And be it enacted, That so soon as conveniently may be sioners to cause after the making of any such Declaration as in and by the said recited Act or this Act authorized as aforesaid the said Commis sioners shall draw up a Memorandum or Instrument in Writing, setting forth therein the several Lands (with the County, County of a City or Town, and Barony or Parish in which the same may be situate) which shall be the Subject of or contained in such Declaration, and also setting forth the Proprietors of such Lands respectively, and which Memorandum or Instrument shall be signed and sealed by the said Commissioners, and be in the Form in the Schedule marked (B.) to this Act annexed, or as near thereto as the Circumstances of the Case will admit; and the said Commissioners shall at the same Time sign and seal s Memorial of such Memorandum or Instrument, directed to the Registrar for registering Deeds, Conveyances, and Wills in Ireland, and cause the Memorial of such Instrument to be registered in the Office for Registry of Deeds in the City of Dublin; and the Registrar of said Registry Office, his and their Assistant, Deputies, and other Officers, are hereby authorized and required to receive and register the same in such and the same Manner as any Deeds or Instruments are registered in said Office, and enter all such Memorials of such Instruments in the Abstract Books and Indexes of or relating to Memorials registered and kept in the said Offices, subject to the Payment of such Fees as may now be lawfully demanded and received upon the Registry of Memorials of Deeds in the said Office. Declarations VI. And be it enacted, That the said Commissioners shall, heretofore made within Three Months from the passing of this Act, draw up to be registered. Memorandums or Instruments in Writing in the Manner and Form aforesaid, or as near thereto as the Circumstances of each Cast |