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Penalties under

this Act to be sued for as un

or to the Subscribers or others, contrary hereto, any Promoter of the Company shall be liable for each and every such Issue or Publication to forfeit any Sum not exceeding Twenty Pounds.

VIII. And be it enacted, That the Penalties imposed by this Act shall be sued for, recovered, and applied in the same der recited Act. Manner as Penalties imposed by the said recited Act are therein directed to be sued for, recovered, and applied respectively. IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.

Act may be amended, &c.

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CAP. LXXIX.

An Act to continue for a limited Time the Provisions
for summary Proceedings contained in an Act of the
last Session to amend the Acts for promoting the
Drainage of Lands, and for other Purposes; and to
amend the said Act.
[22d July 1847.]

W THEREAS an Act was passed in the Session held in the Fifth and Sixth Years of the Reign of Her present Ma5&6 Vict. c. 89.jesty, intituled An Act to promote the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with

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such Drainage, in Ireland: And whereas the said Act was 'amended by an Act passed in the Eighth and Ninth Years 8&9 Vict. c. 69. of the Reign of Her present Majesty, intituled An Act to amend an Act of the Sixth Year of Her present Majesty, for 'promoting the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland; and also by an Act passed in the Ninth Year of the 9&10 Vict.c.4. Reign of Her present Majesty, intituled An Act to amend the Acts for promoting the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland, and to afford Facilities for increased Employ'ment for the Labouring Classes in Works of Drainage during the present Year: And whereas by the last-mentioned Act, after referring to the Failure or Destruction of a Portion of the Potato Crop of the then last Year in Ireland, and to the Distress which might thereby prevail among the Labouring Classes in certain Districts, and to the Expediency of giving 'for Part of the then present Year increased Facilities for various Works of Utility connected with the Drainage and Improvement of Lands in such Districts, it was enacted and declared, that the Provisions therein-after contained should be called and deemed to be "Provisions for summary Proceed'ings" under the said Act, and that no Work should be undertaken or commenced under such Provisions for summary Proceedings as to the Execution of which Work the Assents of the Proprietors of Lands, as required by the Provisions of the said Act therein-before contained, should not have been given or obtained before the First Day of August in the Year One thousand eight hundred and forty-seven; and by the

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same Act it was therein-after provided, that the Commissioners for the Execution of the same should, as therein mentioned, ascertain that the Assent in Writing of the Proprietors, as defined in the said first-recited Act, with the Consent of the Tenants, if any, (as by the said Act required in that Behalf,) of more than One Half in Extent of the Lands to be drained or improved, should have been given to the proposed Works: And whereas, by reason of the Destruction of a large Portion of the Potato Crop of last Year in Ireland, it is expedient, for the Purposes of affording increased Facilities for Employment, to continue for a limited Time the ⚫ aforesaid Provisions for summary Proceedings, amending the same as herein-after mentioned:' Be it 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 notwithstanding any thing contained in the said Provisions for last-mentioned Act it shall be lawful to commence or undertake, summary Prounder the Provisions for summary Proceedings in the same Act ceedings concontained, any Works by such Provisions authorized as to the Year, &c. Execution of which Works the Assents of the Proprietors of Lands as required by the same Act (subject to the Provisions of this Act) shall be given or obtained at any Time before the Termination of Twelve Months from the passing of this Act, or before the End of the then next Session of Parliament, but no later; and that all the said Provisions for summary Proceedings shall be valid and effectual accordingly for the Purposes of Works to be commenced or undertaken under the Provisions of this present Act.

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without the

Concurrence of

II. And whereas under the Provisions of the first-recited Assent of ProAct and the Acts amending same, it was enacted, amongst prietors valid ⚫ other things, that where any Portion of Land proposed to be drained or improved by Drainage should, at the Time appointed Occupiers. for the giving such Assent as therein mentioned by the Proprietors of the Land to the Execution of the proposed Works, be in the actual Occupation of any Person under any Grant, Lease, or Agreement in Writing for a Lease for a Life or Lives, or for a Term of Years, whereof more than Fourteen • Years should be unexpired, the Consent in Writing of such • Person should be necessary in order to give Validity to the Assent of the Proprietor in respect of the Lands comprised in such Grant, Lease, or Agreement: And whereas great Delay in consequence of such Provision has arisen in the Commencement of the Works under said Acts without any commensurate Advantage to the Parties interested, and in order to increase the Facilities for affording Employment it is expedient. to amend the same;' be it enacted, That notwithstanding any thing in the said recited Acts or any of them contained, no Consent of any Person in the actual Occupation of any Land under any Grant, Lease, or Agreement in Writing for a Lease for a Life or Lives or for a Term of Years whereof more than Fourteen Years shall be unexpired to the Execution of the

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Where under recited Acts a free Grant of a

Moiety or more

of the Cost of any Navigation shall be made, the Residue of the Cost to be charged upon the Districts

benefited, without previous Presentment.

proposed Works under the Provisions of the said recited Acts, or any of them, shall be necessary in order to give Validity to the Assent of the Proprietor in respect of the Lands comprised in such Grant, Lease, or Agreement.

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III. And whereas by the said Act of the Ninth Year of Her Majesty's Reign it was also enacted, that in all Cases where for the Purposes of Navigation connected with Drainage a free Grant of a Moiety or more of the Expence of making or improving any such Navigation should be made under the Authority of Parliament, and the other Moiety or Residue of the Expence of making or improving such Navigation should 'be raised or advanced by way of Loan under the Provisions of the said herein-before recited Acts, or of the Act now reciting, then such Moiety or Residue so raised or advanced should, with Interest from the Date of such Loan, be charged upon the District which by the Declaration to be made in such Case by the Commissioners in the said Act mentioned, under the Provisions of the said first-recited Act, it should be declared would be benefited by the making or improving of such Navigation, and the several Baronies, Half Baronies, and Townlands in such District, and should be repaid by and levied from such Baronies, Half Baronies, and Townlands in the Proportions in which it should be so declared that such Baronies, Half Baronies, and Townlands would be respectively benefited, in One Sum, or by Instalments, under and subject to the several Provisions and Regulations in the said therein recited Acts or the Act now reciting contained in relation to the Levy and Recovery of any Sums which, under the final Award of the said Commissioners, should be payable by the • Grand Jury of any County in respect of the Improvement of the Navigation of any River: And whereas it is expedient to explain and confirm the Provision last herein-before recited, and to make such further Provisions as are herein-after contained;' be it enacted and declared, That notwithstanding any thing in the herein-before recited Acts contained, in all Cases where, for the Purposes of Navigation connected with Drainage, a free Grant of a Moiety or more of the Expences of making or improving any such Navigation shall be or shall have been made by the Authority of Parliament, and the other Moiety or Residue of the Expence of making or improving such Navigation shall be or shall have been raised or advanced by way of Loan, under the aforesaid Provisions, then such Moiety or Residue so raised or advanced shall, as by the last-recited Act provided, be charged upon the District therein mentioned, and the several Baronies, Half Baronics, and Townlands in such District, and shall be repaid by and levied from such Baronies, Half Baronies, and Townlands, as by the said Act provided, without any Declaration of the Justices and associated Cess-payers, and without any Presentment previously made by the Grand Jury of the County or any of the Counties wherein such District as aforesaid shall be situate; and in all such Cases all Proceedings hitherto taken by or before the Commissioners for the Execution

of

of the said Acts, under the said last-recited Provision, and all Loans, if any, made to them, and all Securities given by them for the same, under such Provision, shall be valid and effectual, notwithstanding any Omission or Defect as regards any such Declaration or Presentment as aforesaid.

Evidence of

IV. And be it enacted, That the Publication in the Dublin Publication in Gazette as by the said recited Acts directed of any final Notice Dublin Gazette heretofore given or hereafter to be given under the Provisions Publication of and for the Purposes of the said recited Acts or this Act, or final Notice. any of them, shall be deemed conclusive Evidence of the due.

Publication of such final Notice.

and this Act

construed as One Act.

V. And be it enacted, That the said recited Acts and this Recited Acts Act shall be construed together as One Act, and the several Words and Expressions to which an extended Signification is given in the said 'recited Acts, or any of them, shall have the like Signification in this Act.

VI. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this Session of Parliament. amended, &c.

CAP. LXXX.

An Act to amend an Act of the last Session for facilitating the Employment of the labouring Poor in the distressed Districts in Ireland, so far as relates to Compensation for Damages. [22d July 1847.]

WHEREAS an Act was passed in the last Session of

Parliament, intituled An Act to facilitate the Employ- 9&10 Vict. ment of the labouring Poor for a limited Period in the distressed c.107. • Districts in Ireland: And whereas another Act was passed in

the present Session of Parliament, intituled An Act to render 10&11 Vict. • valid certain Proceedings for the Relief of Distress in Ireland, c. 10.

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by Employment of the labouring Poor, and to indemnify those who have acted in such Proceedings: And whereas under the

• Provisions of the said Acts the Commissioners of Public • Works in Ireland were authorized to execute the Works therein provided to be executed for the Relief of the Poor, and for that Purpose, by themselves and their Officers and Persons employed by them, to take and acquire any Ground that might be necessary for the making of such Works, Satisfaction being rendered to the Proprietors or Occupiers in the Manner by the said first-recited Act provided: And whereas under the Provisions of the said recited Acts the Cost of executing such Works (save Works of Drainage and Subsoiling in the said secondly-recited Act mentioned) were directed to be charged upon the respective Baronies, Half Baronies, Electoral Divisions, or Parts of Electoral Divisions, Districts, Counties of Cities, or Counties of Towns, as the Case may be, for which such Works were presented, and to be levied in like Manner as Poor Rate, and it is expedient that the Compensation for Damages caused by taking of Land

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• for

Grand Jury may postpone Traverses, &c. for Damages under the recited Acts not already tried to the Spring Assizes 1848.

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for the Execution of such Works should be charged upon the same respective Places, and in the same Manner respectively: And whereas, owing to the great Extent of the Failure of the Potato Crop, and the Number of such Works required to be executed for the Employment of the Poor, the Compensation claimed for Damages is likely to amount to a considerable Sum, and it is therefore expedient to make other Provision for the Levy and Payment thereof than is by the said first-recited Act provided, and to empower Grand Juries, if they shall so think fit, to postpone such Levy and Payment for a limited Time:' 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 after the passing of this Act it shall be lawful for the Grand Jury of any County, County of a City, or County of a Town, at the Summer Assizes of this Year, in Cases of Claims for Compensation for Damages to any Land or Premises taken or occupied for the Purpose of any Works under the Provisions of the said recited Acts, to postpone the making of Presentments in such Cases as to them shall seem expedient, from the said Summer Assizes to the Spring Assizes of the Year One thousand eight. hundred and forty-eight, at which last-mentioned Assizes it shall be lawful for the Grand Jury to make Presentment for such Damages in Cases where the Amount of the same shall have been determined on the Trial of Traverses at the said Summer Assizes pursuant to the said recited Acts, without further Notice or Trial, in the same Manner as such Presentments could be made at the said Summer Assizes; and in all other Cases of Claims for such Damages where Presentments shall not have been made as hereby last authorized, or at such Summer Assizes, or, in the Case of the County of Dublin at the Presenting Term of this Year (whether or not Application shall have been made for such Damages at such Summer Assizes or Presenting Term), it shall and may be lawful for the respective Persons claiming such Compensation for Damages to any Land or Premises in respect of which Certificates shall have been given by the proper Officers of the said Commissioners of Public Works, or the County Surveyor, as the Case may be, under the Provisions of the first-recited Act or this Act, upon giving such Notice as in the said first-recited Act required, to make any such Application to the Grand Jury, or to enter any such Traverse for Damages, and for the respective Grand Juries to present for such Damages at the Spring Assizes or Presenting Term, as the Case may be, of the Year One thousand eight hundred and forty-eight, but not at any subsequent Assizes or Presenting Term, unless some Order of the Court shall be made at such Spring Assizes or Presenting Term for the Adjournment of any such Application, Traverse, or Presentment respectively, the Sums so presented to be paid in the Manner herein-after mentioned; and such Applications, Traverses, or Presentments, and the several Matters relating to the same, shall be subject to

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