Treasurer shall pay the Instal- The Commis sioners may make Arrangements with the Owners of Estates with respect to the Mode in which they shall repay Advances for particular Works. LXVI. And be it enacted, That each such Treasurer shall pay the Sum mentioned in each such Certificate, when and as the same shall be levied and received by him, to such Bank or Person and in such Manner as the said Commissioners of the Treasury shall direct and appoint, for the Purpose of being transferred and remitted to the Receipt of Her Majesty's Exchequer at Westminster; and that there shall be provided and kept in the Office of the Auditor of the Receipt of the said Exchequer at Westminster, a Book or Books in which all the Monies so remitted and transferred as aforesaid shall be entered separate and apart from all other Monies paid into the said Receipt upon any other Account whatever; and that all Monies so transmitted and transferred as aforesaid shall be subject and liable to pay off and discharge, so far as the same will extend, all the Exchequer Bills to be made out and issued by virtue of this Act, with such Interest as shall be payable thereon, at the respective Days and Times and in the Order and Course in which the same may be directed to be discharged; and all such Exchequer Bills and Interest as aforesaid shall be and are hereby charged and chargeable upon and shall be repaid and borne by and out of the first Monies that shall be so transferred and remitted, and also to repay and replace all such Sums, if any, as shall be advanced out of the Consolidated Fund for the Purposes of this Act. LXVII. And whereas by certain Awards made under the Provisions of the said recited Act it has been determined that the Expence of certain Works therein mentioned shall be in part repaid by the Owners of individual Estates particularly benefited thereby, and it is expedient to make Provision for the Payment of the Contributions so to be made by the Owners of individual Estates towards the repaying the Expences of such Works, and to enable Tenants for Life and others having only particular Estates, or under Incapacity, to raise Money for such Purpose;' be it therefore enacted, That in the Case of each and every Work towards repaying the Expence whereof it shall have been determined by any Award made under the Provisions of the said recited Act, or to be made under the Provisions of this Act, that the Owner or Owners of any individual Lands, Tenements, or Hereditaments shall be charged with any particular Contribution, it shall be lawful for the said Commissioners to enter into such Contracts as they shall think proper with the Owners of such Estates for the Payment, with Interest at such Rate as they shall fix, with the Consent of the said Commissioners of the Treasury, by Instalments or otherwise, of the Proportion of the Expence by such Awards appointed to be contributed by the Owners of such Estates; and the Commissioners for the Execution of this Act shall have all such Powers for enforcing the due Performance of such Contracts, and for the Recovery of any Sums agreed to be paid by such Owners of Estates, as are given to and vested in the Commissioners appointed under an Act passed in the First and Second Years of the Reign of His late Majesty King William the Fourth, and intituled 1 & 2W.4.c.33. An Act for the Extension and Promotion of Public Works in Ireland, enabling them to recover any Sums lent by them under the Provisions of the said Act. LXVIII. And Tenants for Life and incapacitated Persons Inheritance LXVIII. And be it enacted, That it shall and may be lawful for any Corporation, Lay or Ecclesiastical, Sole or Aggregate, and for the Husbands, Guardians, Trustees, Committees, or Attornies of or acting for the Owners or Proprietors of, or any Company or Com- may charge the panies, or Directors thereof for the Time being, interested in any with Money to Lands, Tenements, or Hereditaments, through, upon, or adjoining be advanced to which any of the Works last aforesaid shall be executed under for any of the Works. the Powers of this Act, being under Coverture, Minors, Lunatics, or beyond the Seas, or otherwise incapable of acting for themselves, and to and for the Owners and Proprietors of all such Lands, Tenements, or Hereditaments, being Tenants in Tail or for Life, or Tenants in Tail after Possibility of Issue extinct, or Tenants in Dower, and to and for every of them for the Time being, with the Sanction and Consent of the Commissioners for the Execution of this Act first had and obtained, by Indenture or Indentures under their respective Hands and Seals (and to which Indenture or Indentures One of the said Commissioners shall be an executing Party for the Purpose of signifying such Sanction and Consent as aforesaid), from Time to Time to charge the Inheritance of the said Lands, Tenements, or Hereditaments, and of all or any other Lands, Tenements, or Hereditaments in Ireland standing settled therewith to the same Uses, Intents, and Purposes, with any Sum or Sums of Money which shall be advanced or applied by him, her, or them respectively in or towards Payment of his, her, or their Contribution to the Execution of such Work or Works as aforesaid, together with Interest at any Rate not exceeding Six Pounds per Centum per Annum, and for securing the Repayment of such Sum or Sums of Money, with Interest as aforesaid, to grant, mortgage, lease, or demise, or otherwise subject the said Lands, or any other Lands, Tenements, or Hereditaments in Ireland standing settled therewith to the same Uses, Intents, and Purposes, or any Part thereof respectively, to any Person or Persons who shall advance such Sum or Sums of Money respectively in Fee or for any Term of Years; and every such Charge, Grant, Mortgage, Lease, or Demise as aforesaid shall be good, valid, and effectual in Law for the Purposes hereby intended, and shall take Priority of all Charges and Incumbrances whatsoever or wheresoever made: Provided always, that the Person or Persons entitled in Reversion or Remainder to the Lands, Tenements, or Hereditaments comprised in such Indenture or Indentures shall not be liable, upon his, her, or their becoming possessed thereof, to the Payment of any further or larger Arrear of Interest than for Six Months preceding the Time that his, her, or their Title to such Possession shall have commenced. LXIX. And be it enacted, That no Action or Suit shall be commenced against the Commissioners for the Execution of this Act, or any of them, or against any Person or Persons whatsoever acting under them, for any thing done by virtue of or in pursuance of this Act, until Twenty Days Notice thereof in Writing shall have been given to the Solicitor for the Time being of the said Commissioners, nor after a sufficient Satisfaction, or a Tender thereof, hath been made to the Party or Parties aggrieved, nor after Six Months next after the Fact committed; and the Venue in such Action shall be laid and such Suit shall be brought in the No Action to be brought against Commissioners without Twenty Days previous Notice. Evidence not to City of Dublin, and not elsewhere; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence, at any Trial to be held thereupon, and that the same was done in pursuance and by the Authority of this Act; and if any Replevin shall be brought for any Cattle, Goods, or Chattels seized or taken by virtue or in pursuance of this Act, it shall and may be lawful and sufficient to and for any Person or Persons who shall be a Defendant or Defendants or Avowant or Avowants in any such Replevin to avow, plead, or make cognizance generally that he or they took the same Cattle, Goods, or Chattels as a Distress by force of the Statute in that Case made and provided, without more particularly setting forth this Act, or the Cause of making or detaining the said Distress, or making any other more special Plea, Avowry, or Cognizance, any thing herein contained to the contrary notwithstanding; and if it shall appear that the Matter on which the Cause of Action arose was done or that the Distress replevied was made in pursuance and by Authority of this Act, or if such Action or Suit shall be brought without Twenty Days Notice thereof, or shall be brought in any other County or Place, or after a sufficient Satisfaction made or tendered as aforesaid, that then the Jury shall find for the Defendant or Defendants or Avowant or Avowants; and upon such Verdict, or if the Plaintiff or Plaintiff's shall become nonsuited, or suffer a Discontinuance of his or her or their Action, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants, Avowant or Avowants, shall have Treble Costs, and shall have such Remedy for Recovery of the same as any Defendant or Defendants hath or have for Costs of Suit in any other Cases by Law. LXX. And be it enacted, That no Evidence shall be permitted be given unless to be given by such Plaintiff or Plaintiffs, on the Trial of any such Action as aforesaid, of any Cause of Action except such as is contained in the Notice hereby directed to be given. in Notice. Power to sue and be sued in the Name of the Secretary. Treasury may require the Commissioners to transmit Certificates of the Progress of the Works. LXXI. And be it enacted, That it shall and may be lawful for the said Commissioners for the Execution of this Act, in any Case in which it may become necessary, to sue and be sued in the Name of their Secretary for the Time being; and that no Action or Suit at Law or Equity to be brought or commenced by or against the said Commissioners, or any of them, on account of this Act, in the Name of their Secretary for the Time being, shall abate or be discontinued by the Death or Removal of such Secretary, or by the Act of such Secretary without the Consent of the said Commissioners; and the Secretary for the Time being shall always be deemed the Plaintiff or Plaintiffs in such Action or Suit, as the Case may be. LXXII. And be it enacted, That it shall and may be lawful for the Commissioners of Her Majesty's Treasury from Time to Time to require the Commissioners for the Execution of this Act to certify to them, in Writing under their Hands, whether the Works intended to be executed under this Act have been fully and completely executed; and the said Commissioners for the Execution of this Act are hereby required, on every such Requisition, to transmit to the said Commissioners of the Treasury a Certificate stating whether whether the Works intended to be executed under this Act have been fully and completely executed, or the Part or Parts of the said Works (specifying same) which still remain to be executed; and whenever it shall appear by the Certificate of the Commissioners for the Execution of this Act that the Works intended to be executed under this Act have been fully and completely executed, it shall and may be lawful for the said Commissioners of the Treasury to issue a Warrant, signed by any Three or more of them, directing that from thenceforth the Powers and Authorities of the Commissioners for the Execution of this Act shall cease and determine. LXXIII. And be it enacted, That from and after such Publication of the said Warrant all the Powers and Authorities hereby given to the said Commissioners for the Execution of this Act, and all the Estates, Rights, Titles, and Interests of the said Commissioners for the Execution of this Act in or to any Lands, Tenements, or Hereditaments, or any other Matter or Thing, which shall be then vested in them under and by virtue of the Powers of this Act, shall be thenceforward given to and vested in the said Commissioners for the Execution of Public Works in Ireland, and the Care and Conservancy of the Navigation of the said River or Rivers, and of all the Works so executed, with all the Powers and Authorities with respect thereto, shall be thenceforward solely vested in the said Commissioners for the Execution of Public Works in Ireland. When Works complete Treasury may suspend Powers of Commissioners; and their Powers to be handed over to the Commis sioners for the Execution of Public Works in Ireland. LXXIV. And be it enacted, That in the Construction of this Construction Act the Words "the said Commissioners" shall mean any Two or of Terms. more Commissioners for the Execution of this Act, unless when the Nature of the Provision or the Context shall otherwise require; and the Words "Commissioners of Her Majesty's Treasury," or "of the Treasury," shall mean any Three or more of such Commissioners, or the Lord High Treasurer of the United Kingdom of Great Britain and Ireland whenever there shall be such Officer; and the Word "Hereditaments" shall extend to and include all Weirs, Dams, Mill-courses, Watercourses, Canals, Trackways, Locks, Cuts, Sluices, Piers, Harbours, Quays, Wharfs, Fisheries and Rights of fishing, Tolls, and Rates; and the Word "Person" shall extend to and include every Body Politic, Corporate, and Collegiate, and any Number of Persons associated together as a Company or Partnership; and the Word "County shall extend to and include any County of a City and County of a Town; and every Word importing the Singular Number shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the Plural Number shall extend and be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender shall extend to a Female as well as a Male. LXXV. And be it enacted, That this Act may be amended Act may be or repealed by any Act to be passed in this present Session of amended, &c. Parliament. CAP. CA P. LXII. 1 Vict. c. 69. On Merger of Tithes or Rentcharge, the WH An Act to explain and amend the Acts for the Commutation of Tithes in England and Wales. [17th August 1839.] HEREAS an Act was passed in the Seventh Year of the Reign of His late Majesty King William the Fourth, in6&7W.4.c.71. tituled An Act for the Commutation of Tithes in England and 'Wales: And whereas an Act was passed in the First Year of 'the Reign of Her present Majesty to amend the recited Act: And whereas an Act was passed in the Second Year of the Reign 1&2 Vict. c. 64. of Her present Majesty, intituled An Act to facilitate the Merger of Tithes in Land: And whereas it is expedient to explain and ⚫ amend the said Acts in certain respects:' Be it therefore declared and 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 every Case where any Tithes or Rent-charge shall have been or shall hereafter be released, assigned, or otherwise conveyed or disposed of under the Provisions of the said Acts, or any of them, or of this Act, for merging or extinguishing the same, the Lands in which such Merger or Extinguishment shall take effect shall be subject to any Charge, Incumbrance, or Liability which lawfully existed on such Tithes or Rent-charge, previous to such Merger, to the Extent of the Value of such Tithes or Rent-charge; and any such Charge, Incumbrance, or Liability shall have Priority over any Charge or Incumbrance existing on such Lands at the Time of such Merger taking effect; and such Lands, and the Owners thereof for the Time being, shall be liable to the same Remedies for the Recovery of any Payment and the Performance of any Duty in respect of such Charge, Incumbrance, or Liability, or of any Penalty or Damages for Nonpayment or Nonperformance thereof respectively, as the said Tithes or Rent-charge, or the Owner thereof for the Time being, were or was liable to previous to such Merger. Charges thereon to be Charges on Lands. Power for special Appor tionment of such Charge on II. And be it enacted, That every Person entitled to exercise the Powers for Merger of Tithes or Rent-charge in Land under the said Acts or any of them, or of this Act, may, with the Consent of the Tithe Commissioners for the Time being under their Hands and Seal of Office, and of the Person to whom the Lands in which such Merger or Extinguishment shall take effect shall belong, either by the Deed or other Instrument or Declaration by which such Merger shall be effected, or by any separate Deed, Instrument, or Declaration, to be made in such Form as the Commissioners shall approve, specially apportion the Whole or any Part of any such Charge, Incumbrance, or Liability affecting the said Tithes or Rent-charge so merged or extinguished or proposed to be merged or extinguished in such Lands, upon the same or any Part thereof, or upon any other Lands of such Person held under the same Title and for the same Estate in the same Parish, or upon the several Closes or Portions of such Lands, or according to an acreable Rate or Rates upon Lands of different Quality, in such Manner and Proportion, and to the Exclusion of such of them, as the Person intending to merge the same, with such Consent as aforesaid, may by any such Deed, Instrument, or Declara |