Imatges de pàgina
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To what Places

the Act is to extend.

1&2 W. 4. c.33.

6&7W.4. c. 108.

7 W. 4. &

1 Vict. c. 21.

1 & 2 Vict. c. 88.

XXIII. And be it further enacted, That this Act shall extend only to that Part of the United Kingdom called England and Wales, and to the Isle of Man, and to the Islands of Guernsey, Jersey, Alderney, and Sark.

CA P. L.

An Act to extend and amend the Provisions of the Acts for
the Extension and Promotion of Public Works in Ireland;
and for the Recovery of Public Monies advanced for the
Use of Counties, Parishes, and other Districts in Ireland
on the Faith of Grand Jury Presentments and Parochial
Assessments.
[17th August 1839.]

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WH

WHEREAS an Act was passed in the Session of Parliament holden in the First and Second Years of His late Majesty's Reign, intituled An Act for the Extension and Promotion of 'Public Works in Ireland, which Act was amended by another Act passed in the Session of Parliament holden in the Sixth and Seventh Years of His said late Majesty's Reign: And whereas 'the Commissioners acting under and in execution of the said Acts are thereby authorized to make Advances by way of Loan, to a certain Amount in the said Acts limited, in aid of the Exe'cution of Public Works in Ireland, and likewise to make Advances by way of Grant in aid of the Construction of certain 'Works to a certain other Amount in the said Acts limited: And 'whereas another Act was passed in the First Year of Her pre'sent Majesty's Reign, further amending the said recited Acts, ' and empowering the said Commissioners to make Advances to an additional Amount in such Act limited, either by way of Grant, or, under certain Circumstances and for certain Purposes, partly by way of Loan and partly by way of Grant; that is to say, by Loan to the Extent of one Moiety of such Advances, and by Grant to the Extent of the other Moiety: And whereas an Act was passed in the last Session of Parliament, intituled An 'Act to authorize a further Issue of Exchequer Bills for Public Works and Fisheries and Employment of the Poor, and to amend 'the Acts relating thereto, whereby it was among other things pro'vided, that it should be lawful for the Commissioners of Her Majesty's Treasury to appropriate, out of the Sum of Five hundred thousand Pounds in Exchequer Bills authorized to be advanced under the Authority of the said last-mentioned Act, any Sum or Sums, not exceeding in the whole Fifty thousand Pounds, for the Promotion and Extension of Public Works in Ireland, to be applied by the Commissioners appointed under the Authority of the said first-recited Act passed in the First and Second Years of His late Majesty's Reign to the Purposes and under the Provisions of the said first-recited Act: And whereas it is expedient that the said Sum or Sums so authorized by the said last' mentioned Act to be appropriated for the Promotion and Extension of Public Works in Ireland should be made applicable to the Purposes of the said recited Acts of the Sixth and Seventh Years of His late Majesty's Reign and of the First Year of Her • present Majesty's Reign, and of this Act, as well as to the Pur9 poses

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by 7 W. 4. &

1 Vict. c. 21. made applicable to all the Purposes of the Acts for Promotion and

poses of the said Act of the First and Second Years of His late Majesty's Reign:' Be it therefore enacted by the Queen's most The Sum of Excellent Majesty, by and with the Advice and Consent of the 50,000l. granted Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That in case any such Appropriation shall be made or have been made, it shall be lawful to apply the Exchequer Bills so appropriated to the Purposes of all or any of the said recited Acts or this Act, and to make Advances thereout accordingly either by way of Loan or by way of Grant, or partly by way of Loan and partly by way of Grant, pursuant to the Provisions of the said recited Acts and this Act respectively, any thing in the said Act of the last Session of Parliament to the contrary notwithstanding.

II. And be it enacted, That all and every the Clauses, Provisoes, Powers, Privileges, Advantages, Penalties, Forfeitures, and Disabilities contained in the said recited Acts for the Extension and Promotion of Public Works in Ireland, in respect of the Advances to be made thereunder either by way of Loan or Grant, or by way of Grant and Loan, and in respect of the Exchequer Bills or Money to be advanced or issued for any of such Purposes, shall, so far as the same are applicable, be applied and extend to the Advances to be made under this Act, and to the Exchequer Bills to be applied as herein-before directed to the aforesaid Purposes, or any of them, as fully and effectually, to all Intents and Purposes, as if the same were herein repeated and re-enacted, and made specially applicable thereto.

Extension of
Public Works.

Provisions of recited Acts extended to any Money issued under this Act.

III. And whereas an Act was passed in the Session of Parlia- Verbal Omis'ment holden in the Fourth and Fifth Years of His late Majesty's sion in

ap.

Reign, intituled An Act for the more effectually providing for 4&5W.4.c.61. 'the Erection of certain Bridges in Ireland: And whereas the said § 8. supplied. 'Act contains an Enactment in the Words following: "And be it ⚫ enacted, That the building, rebuilding, repairing, widening, enlarging, or improving of any Bridge under the Provisions of this Act, or of any of the Approaches thereto, and the Execution of 'all Works relating to the same, shall be carried on, conducted, and managed by and under the Control and Direction of the • Commissioners for the Time being; and that all the Provisions of the said last-mentioned Act shall and may be applied and ' extended to the several Works hereby authorized to be executed, 'so far as the same may be necessary, and may not be repugnant to or inconsistent with this Act:" And whereas the Words " 'pointed under and acting in execution of an Act made in the Session of Parliament holden in the First and Second Years of 'the Reign of His late Majesty, intituled An Act for the Exten- 1&2 W.4.c.33. 'sion and Promotion of Public Works in Ireland," which were 'intended to be inserted between the Word "being" and the Words" and that in the said recited Enactment, were inadver'tently omitted, so as to make it doubtful what Commissioners 'were meant by the said Enactment;' be it therefore enacted and declared, That the said recited Enactment shall be deemed, construed, and taken to have such and the same Effect, to all Intents and Purposes, as if the said Words "appointed under and acting in execution of an Act made in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty,

intituled

1&2 W.4.c.35. intituled An Act for the Extension and Promotion of Public Works in Ireland," had been originally inserted therein between the Word "being" and the Words "and that."

Lord Lieute

nant may appoint the Commissioners of Public Works to act under

4 & 5 W. 4. c. 61.

What to be deemed Expences under

the said Act.

Provisions of recited Act referring to

3&4W.4. c. 78. extended to

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IV. And whereas it is enacted by the said last-recited Act, that it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, if he or they shall so think fit, to appoint any Person or Persons not exceeding Five to inquire into and report upon the Circumstances stated in any Memorial which may be presented to him or them by any Grand Jury under the • Provisions of the said Act, and divers Powers and Duties are 'conferred upon and directed to be performed by the Person or Persons so appointed: And whereas it is expedient that Power 'should be given to the said Lord Lieutenant or other Chief Governor or Governors, at his or their Discretion, to delegate such Powers and Duties to the said Commissioners of Public Works;' be it therefore enacted, That it shall be lawful for the said Lord Lieutenant or other Chief Governor or Governors, if he or they shall so think fit, to direct the said Commissioners of Public Works to inquire into and report, upon the Circumstances of any such Memorial as aforesaid, and to do all other Matters and Things by the said Act directed to be done by any Persons appointed for such Purposes under the Provisions thereof; and that in case the said Lord Lieutenant or other Chief Governor or Governors shall so direct, the said Commissioners of Public Works shall have all and every the like Powers and Authorities as any other Person or Persons so appointed might or would have had under the Provisions of the said Act; and that in case of such Direction all and every the Matters and Things directed to be done by or to or in respect of the Person or Persons appointed for the Purposes aforesaid shall be done by or to or in respect of the said Commissioners, and that all the Provisions of the said Act applying to any Person or Persons so appointed shall in the Case aforesaid apply and extend to the said Commissioners as if they had been named in the said Act in conjunction with or instead of the Person or Persons so to be appointed.

V. And be it enacted, That all Provisions in the said last-recited Act contained in respect of the Expences which may become necessary by the Appointment of any Person or Persons for the Purposes aforesaid, shall apply and extend to all Expences which may become necessary by the Appointment of the said Commissioners for the like Purpose, and that all Expences attendant upon the Examination, Survey, and Report to be made by such Person or Persons, or by the said Commissioners, as the Case may be, shall be deemed and taken to be Expences become necessary by his or their Appointment.

VI. And be it enacted, That wheresoever in the said last-recited Act Reference is made to an Act passed in the Third and Fourth Years of His late Majesty's Reign, intituled An Act to amend the Laws relating to Grand Juries in Ireland, the Provision shall refer 6&7W.4.c.116. and extend to an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of His late Majesty's Reign, intituled An Act to consolidate and amend the Laws relating to the Presentment of Public Money by Grand Juries in Ireland, and to any Act amending the same.

VII. And

VII.

Sum

powers Lord

certain Cases

to Commis

And whereas the said recited Act contains an Enactment Repeal of in the following Words: "And be it enacted, That it shall be so much of lawful for any Grand Jury hereby required to present any 4 & 5 W. 4. c. 61. of Money for the Purposes of this Act to direct that the Amount 59. as em of such Presentment shall be levied by any Number of equal Lieutenant to half-yearly Instalments not exceeding Twelve; and upon such order Advance Presentment being made it shall be lawful for the said Lord of Money in • Lieutenant or other Chief Governor or Governors, if he or they shall so think fit, to order that the Whole, or such Part as they sioners. or he shall deem proper, of the Money so presented, or the Residue thereof, in case of any Grant being made as aforesaid, shall be advanced out of the Sum of Five hundred thousand 'Pounds which by an Act of the First and Second Year of His present Majesty, intituled An Act for the Extension and Promo- 1&2 W. 4. c. 33. tion of Public Works in Ireland, may be advanced to the said • Commissioners of Public Works for the more speedy Execution ' of the Work to which such Presentment shall relate; which Sum so advanced shall be repaid, in the Proportion prescribed by any such Order as aforesaid of the said Lord Lieutenant or other Chief Governor or Governors, by the Treasurers of the respective ⚫ Counties, to the Collector of the Excise for their respective Districts, by Instalments pursuant to the Presentments, and be by such Collectors accounted for as any other Public Money which 'may come to their Hands:" And whereas it is expedient to amend the said recited Enactment;' be it therefore enacted, That so much of the recited Enactment as empowers the said Lord Lieutenant or other Chief Governor or Governors to order that any Money shall be advanced to the said Commissioners of Public Works in the Case and in the Manner therein mentioned shall be and the same is hereby repealed.

VIII. And be it enacted, That upon such Presentments being made as in the said Act mentioned it shall be lawful for the said Commissioners of Public Works, by and with the Sanction and Consent of the Commissioners of Her Majesty's Treasury, or any Three or more of them, to advance, and apply to the Execution of the Works to which such Presentment shall relate, all such Sums of Money as shall be from Time to Time required for that Purpose; and all such Sums of Money (or the Residue thereof in case of any Grant being made in aid of such Work as in the said Act mentioned) shall and may be issued and advanced in like Manner as any other Money authorized to be issued and advanced by way of Lean under the Provisions of the said recited Acts or this Act; and all and every the Provisions of the said recited Acts and this Act authorizing and regulating the Issue and Advance of Exchequer Bills or Money by way of Loan shall apply and extend to authorize and regulate the Issue and Advance of such Monies to the said Commissioners of Public Works for the Purpose aforesaid; and all Sums so advanced (or in case of any such Grant being made as aforesaid, the Residue thereof,) shall be repaid, in the Proportions prescribed by any such Order as by the said Act the Lord Lieutenant or other Chief Governor or Governors of Ireland is authorized to make in that Behalf, by the Treasurers of the respective Counties, to such Bank or Person as the said Commissioners of the Treasury shall direct.

IX. Pro

Upon Presentments being made, Commissioners, with Consent of Treasury, to advance the Money required.

Presentments

to be made for

Interest on

IX. Provided always, and be it enacted, That, together with and in addition to the Principal Sums to be levied off the respective Counties chargeable therewith under the Provisions of the said ing and unpaid. Act, the said respective Grand Juries shall present to be levied

Sums outstand

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and paid thereout the Interest on the Sum chargeable on each County respectively, or on so much thereof as shall be from Time to Time outstanding and unpaid, at such Rate per Centum per Annum as the said Commissioners of the Treasury shall direct; and all and every the Provisions of the said recited Act in respect of such Principal Sums shall apply and extend to the Interest thereon, and the same shall be paid therewith.

X. And be it enacted, That in this Act, and in any other Act passed or which may be hereafter passed, the Expression "Commissioners of Public Works in Ireland" shall be construed to mean the Commissioners for the Time being appointed under and acting in execution of the said recited Act passed in the Session of Parliament holden in the First and Second Years of His late Majesty's Reign and the other Acts amending the same; and that all Acts, Matters, and Things which by this Act, or any other Act passed or which may be hereafter passed, the said Commissioners may be required or authorized to do or execute, shall and may be done and executed by any Two of such Commissioners; and that any Contract, Deed, or Instrument made with or executed by any Two of the said Commissioners shall be good, valid, and effectual as if made with or executed by all the said Commissioners; any thing in any Act passed or to be passed to the contrary notwithstanding.

XI. And be it enacted, That in order to enable the said Commissioners of Public Works in Ireland to purchase the Ground necessary as the Site for the building of any Court or Sessions House to be built or provided by them, by Direction of the Lord Lieutenant or other Chief Governor or Governors of Ireland, under the Provisions of the said recited Act of the Sixth and Seventh Years of His late Majesty's Reign, it shall and may be lawful for the said Commissioners to contract and agree with any Person or Persons or Body or Bodies Corporate or Politic for the Purchase or renting of any Lands, Tenements, or Hereditaments required for the Site of such Sessions House; and the Lands, Tenements, or Hereditaments so contracted and agreed for shall be demised or conveyed to such Commissioners, their Successors and Assigns, in Trust for the Uses and Purposes aforesaid; and such Demise or Conveyance shall be made in such Manner and under such Regulations (so far as the same may be applicable) as are provided in an Act passed in the Seventh Year of the Reign of His Majesty King George the Fourth, intituled An Act for consolidating and amending the Laws relating to Prisons in Ireland, with respect to the demising and conveying of any Lands, Tenements, or Hereditaments to Commissioners under that Act; provided always, that in case the said Commissioners of Public Works in Ireland shall be unable to agree with the Owners of any Lands, Tenements, or Hereditaments proper or necessary to be purchased for the Purpose aforesaid, it shall and may be lawful for the said Commissioners to issue their Warrant to the Sheriff in the Manner directed by the said Act of the Seventh Year of the Reign of His Majesty King George the Fourth, and thereupon

such

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