paid by the XLIV. And be it enacted, That where by reason of any Dis- The Court may ability or Incapacity of any Party entitled to any Land to be order reasonable taken, purchased, or used, or in respect of which any Compen- Expences of sation or Satisfaction shall be payable, under the Authority of this Purchases to be Act, the Purchase Money for the same shall be required to be Commissioners. paid into the Bank of Ireland, to be applied in the Purchase of other Land, to be settled to the like Uses, in pursuance of this Act, it shall be lawful for the said Court to order the Expences of all such Purchases, or so much of such Expences as the said Court shall deem reasonable, together with the necessary Costs and Charges of obtaining such Order, to be paid by the said Commissioners out of the Monies to be received by virtue of this Act; and the said Commissioners shall from Time to Time pay such Sums of Money for such Purposes as the said Court shall direct. Bank of the tained. XLV. And be it enacted, That if any Corporation or Person Premises to vest seised or possessed of or having any Estate or Interest in any in the Commissuch Land as aforesaid cannot be found, or shall not be known, sioners, upon or shall not prove a good Title to such Land to the Satisfaction Payment into of the said Commissioners or any Person authorized by them, or Money agreed shall refuse to execute a Conveyance thereof, then and in every upon, or assuch Case it shall be lawful for the said Commissioners to pay such sessed, when Sum of Money as shall have been contracted and agreed or shall Conveyances have been adjudged in manner aforesaid to be paid for the cannot be ob Purchase or for the Value of such Land, into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the said Court of Chancery or Exchequer, to be placed to his Account to the Credit of the Party interested in the said Land (describing such Land), or if such Party shall not be known, then to the Credit of the then unknown Person interested in the said Land (describing the same), subject to the Order, Control, and Disposition of the said Court; which said Court, on the Application of any Corporation or Person making Claim to such Sum of Money or any Part thereof, by Motion or Petition, shall be and is hereby empowered, in a summary Way of Proceeding or otherwise, as to the same Court shall seem fit, to order the same to be laid out and invested in the Public Funds, and to order Distribution thereof, or Payment of the Dividends thereof, according to the respective Estate, Title, or Interest of the Corporation or Persons making claim thereto, and to make such Order in the Premises as to the said Court shall seem just and reasonable; and the Cashier of the Bank of Ireland who shall receive such Sum of Money is hereby required to give a Receipt for such Sum of Money; and upon Payment of such Sum of Money into the Bank, as lastly herein-before is mentioned, the Land for the Purchase or for the Value of which the same shall have been agreed and awarded to be paid, and the Fee Simple and Inheritance thereof, or other the absolute Interest therein, together with the yearly Profits thereof, and all the Estate, Right, Title, Interest, Use, Trust, Property, Claim, and Demand, in Law and Equity, of the Corporation or Person, or unknown Person, to whose Credit such Money shall be paid, in, to, and out of the Land, shall vest in the said Commissioners, and they shall be deemed in Law to be in the actual Seisin or Possession thereof to all Intents and Purposes whatsoever, Lands. Purchase of whatsoever, as fully and effectually as if every Corporation or Person having any Estate in such Land had actually conveyed the same; and such Payments shall not only bar all Right, Title, Interest, Claim, and Demand of the Corporation or Person, or unknown Person, of, in, or to the same Land, to whose Credit such Payment shall have been made, but also shall extend to and be deemed and construed to bar the Dower of the Wife of such Person, and all Estates Tail and other Estates in possession, reversion, remainder, expectancy, or contingency, and the Issue of such Person, and every other Person whomsoever. In Cases of questionable Title of Persons in possession. Estate of Mort gagees to vest in Commissioners on Payment of Principal and Interest; or if such Principal and the Value of XLVI. Provided always, and be it enacted, That where any Question shall arise touching the Title of any Person to any Money which shall be paid into the Bank of Ireland in the Name and with the Privity of the Accountant General of the said Court of Chancery or Exchequer, in pursuance of this Act, for the Purchase of any Land to be taken or purchased in pursuance of this Act, or to any Bank Annuities or Government or Real Securities, the Person who shall have been in possession of such Land at the Time of such Purchase, and all Persons claiming under such Person, or under the Possession of such Person, shall be deemed and taken to have been lawfully entitled to such Land until the contrary shall be shown to the Satisfaction of the said Court; and the Dividends or Interest of the Bank Annuities or Government or Real Securities to be purchased with such Money, and also the Capital of such Bank Annuities or Government or Real Securities, shall be paid, applied, and disposed of accordingly, unless it shall be made to appear to the said Court that such Possession was a wrongful Possession, and that some other Person was lawfully entitled to such Land, or to some Estate therein. XLVII. And be it enacted, That if any Person shall have any Mortgage or be entitled to any Sum of Money charged on any Land taken or purchased under this Act, then, on Payment of the Principal and Interest due thereon, or in case a Part only of any Land subject to such Charge or Mortgage be so taken or purchased, then a proportionate Share of such Principal and Interest (to be ascertained, in case of Dispute, in the Manner herein-before provided for ascertaining the Value of Land taken or purchased for the Purposes of this Act), to such Mortgagee or Person entitled thereto, or into the Bank of Ireland, for the Use of the Mortgagee or other Person entitled thereto, all the Estate of the said Mortgagee or other Person, and of every Person in trust for him, in the Land or the Portion of Land so taken or purchased, shall vest in the Commissioners, and they shall be deemed to be in the actual Possession thereof, free from the same Mortgage or Charge, to all Intents and Purposes whatsoever: Provided always, that if the Money and Interest due in respect of any Mortgage or Charge on any Land purchased or taken under this Act shall amount to more than the Value of the Premises charged therewith, or such of them or of such Part thereof as shall be purchased or taken under this Act, then, upon Payment to such Mortgagee or Person, or into the Bank, in manner herein-before mentioned, of the Sum to be ascertained as the Value of the Estate or Interest so mortgaged or charged on the Land, or Part thereof, so to be taken and purchased as aforesaid, all the Estate of of the said Mortgagee or Person as aforesaid, and of every Person in trust for him, in the said Land or any Part thereof the Value whereof shall have been so ascertained and paid as aforesaid, shall vest in the Commissioners, and they shall be deemed to be in the actual Possession of the said Lands, to all Intents and Purposes whatsoever, freed from such Mortgage or Charge as aforesaid; and the Mortgagor or other Person entitled to redeem shall be and is hereby barred and foreclosed from all Right and Equity of Redemption of and in the same Land or Portion of Land. Purchase of Lands. veyed in Proportions. XLVIII. And be it enacted, That when any Rent, or any such Lien shall Charge, Incumbrance, or Lien as aforesaid, shall also be payable remain on Preout of or extend over and be a Charge, Incumbrance, or Lien mises not conon any Lands other than those which shall be taken or injured by or conveyed to or vested in the said Commissioners, then and in such Case neither this Act nor any Conveyance so made as aforesaid shall in any respect discharge, affect, or alter the Force, Validity, or Effect of such Charge, Rent, Incumbrance, or Lien, so far as relates to such other Lands, Tenements, or Hereditaments, but that as to all such the same shall respectively continue, be good, valid, and subsisting, subject nevertheless to such Reduction of Rent (if any) as may be made in respect of such Lands under the Provisions herein contained. or Tender of XLIX. And be it enacted, That upon Payment into the Bank Power to enter of Ireland, as herein directed, or upon Payment or legal Tender of and take posany such Sum of Money as shall have been contracted for between session of Land, the Parties, or adjudged in manner aforesaid, for the Purchase &c. on Payment of any Land, or as a Recompence for the yearly Produce or Purchase Profits thereof, or as a Compensation for Damages, as herein Money. mentioned, to the Proprietor of such Land, or to such Person as shall be entitled thereto under any of the Provisions herein contained, it shall be lawful for the said Commissioners, or their Agents, Workmen, or Servants, immediately to enter upon and use such Land. a Notice, within L. Provided always, and be it enacted, That if it shall seem Commissioners expedient to the said Commissioners, at any Time or Times may forego the within Six Months after any Adjudication or Contract shall be taking of any made, given, or entered into under the Provisions of this Act, Land on serving not to take or injure the whole or any Part of any Land, or other Six Months Matters or Things named or described in such Adjudication or from the Time Contract, it shall be lawful for the said Commissioners to serve a of Contract or Notice upon or cause the same to be left at the usual Place of Adjudication, Abode of the Person or Persons who are or appear by the said that the same Adjudication or Contract to be interested in such Land or other will not be required. Matters or Things, stating that the same, and what Part thereof, will not be taken for or injured by any thing to be done under this Act; and the Adjudication or Contract mentioned in the said Notice, or such Part thereof as shall relate to the Part not required to be taken or injured as aforesaid, (at the Option of the said Commissioners,) shall be utterly void and of none Effect, to all Intents and Purposes whatsoever; and in case a Part only of any Adjudication or Contract shall become void as aforesaid, the said Commissioners shall fix and ascertain the Portion of the Sum mentioned in such Adjudication or Contract which should be deducted on account of the Part not required to be taken or injured, and if necessary Purchase of Proviso. Commissioners may demise or lease Lands purchased for any Purposes calculated to improve the Fisheries. Security for Loans and Repayment. Commissioners to make an Award upon Completion of any of the Works. necessary apportion the Residue among the Persons entitled thereto; and the said Commissioners shall amend such Adjudication or Contract accordingly, and such amended Adjudication or Contract shall have all the Force and Effect and shall be subject to the like Appeal as any other Adjudication or Contract under this Act: Provided always, that in all Cases where the Commissioners shall serve Notice that it is not intended to take or injure the whole nor any Part of such Land, the Person or Persons interested in such Land, and incurring any Loss or Expence in consequence of the Commissioners having previously required the same, shall be entitled to Compensation for such Loss and Expences, and in case the Amount thereof cannot be agreed upon the same shall be recovered by Civil Bill before the Assistant Barrister of the County in which such Land shall be situate, and such Assistant Barrister is hereby authorized and required to hear and determine the same. LI. And be it enacted, That it shall be lawful for the said Commissioners to demise or lease to any Company, Corporation, or Person whatsoever, for ever, or for any Term that may be agreed upon, in such Lots or Divisions as to them may seem fit, any Lands of which they may become possessed under the Provisions of this Act, for the Purpose or as a Site for the Erection of any Market House, Drying Sheds, or other Building of a public Nature, or for the Erection of Curing Houses, or Stores for Salt and Materials used in the Trade of Fishing, or for Yards and Slips for the making and Repair of Vessels and Boats, or for Ropewalks, and any other public Purposes in the Opinion of the said Commissioners tending to promote and improve the Fisheries; and the said Commissioners shall reserve such Rent for all Lands so demised as to them shall seem fair and reasonable, and shall in every such Lease require a Covenant to be inserted, binding the Party or Person to whom such Lease shall be made to expend on such Land, within a Time to be in such Lease limited, such Sum in Building or Buildings, or otherwise, as to the said Commissioners shall seem fit, and to use the Lands so demised for the special Purpose for which it shall be demised, and no other, on pain of Forfeiture of such demised Premises: Provided always, that such Lands shall not be let or used for the Purpose of erecting thereon any Messuage or Dwelling House whatever, save and except such Messuage or Dwelling House as the Commissioners of the Treasury shall approve, for Collectors of Tolls, and the Keepers of such Market Houses, Stores, or Yards as aforesaid, or for Police, Revenue, or Coastguard Barracks, or other such Objects of a public Nature. LII. And be it enacted, That as soon as conveniently may be after any Work for the Purposes of this Act shall have been completed the said Commissioners shall draw up or cause to be drawn up a final Award or Instrument in Writing, which shall describe the Work or Works which shall have been so completed, and such final Award shall also specify the Amount of the Sums which shall have been expended in and about the Works which shall have been executed, and all Expences incident thereto (including the Interest of all borrowed Monies), and the Proportions of such Sums which shall have been advanced by way of of Grant and by way of Loan towards Payment of the total Amount of the Costs, Charges, and Expences of such Works or incidental thereto, and whether the Monies advanced by way of Loan, with Interest, shall be repaid in One Sum or by Instalments, and if by Instalments then said Award shall also specify the several Instalments, and the Manner by and in which such Proportions shall be paid, and, regard being had to the Circumstances of each particular Case, and the final Declaration made as before directed in respect thereof, the said Award shall also specify the Amount of such Money advanced by way of Loan, which shall be charged, with Interest, upon the County or Counties, or District, or the Lands of any Proprietor or Proprietors, or proportionally on such County, District, or Lands, or either or any Two of them, as the Case may be, and describing such County, District, or Lands respectively; and the said Commissioners shall also cause to be inserted in every such final Award all such other Determinations, Matters, and Things as the said Commissioners shall think necessary and proper, and the said Commissioners shall sign such Award under their Hands. Security for Loans and Repayment. in the Court of Chancery. LIII. And be it enacted, That every such final Award, when Award, when settled and signed by the said Commissioners, shall be enrolled in finally settled, the Rolls Office of Her Majesty's Court of Chancery in Ireland to be deposited within Three Months after the same shall have been finally settled, and a Copy thereof shall be deposited with the Clerk of the Peace of each County in or near which such Works shall be situate, who is hereby authorized and required to receive and deposit the same amongst the Records of the County; and such Award, when so finally settled and enrolled, shall be binding and conclusive on all Parties and Persons whomsoever, and a Copy thereof, certified by the proper Officer of Her Majesty's Rolls Office, shall be Evidence that it was duly made, and that all the Requisitions of this Act in relation thereto were complied with; and the said Commissioners shall, within One Month after the said Award shall be finally settled, cause such Award to be printed, and kept for Sale at a Price not exceeding Sixpence for each printed Copy thereof. LIV. And be it enacted, That any Sum of Money which under the final Award of the said Commissioners shall be payable by any County in respect of Monies advanced by way of Loan for or in respect of any Work under the Provisions of this Act shall be payable by the Grand Jury of such County, and the Secretary of the said Commissioners shall certify to the Secretary of such Grand Jury the Amount of such Sum of Money, and the Instalments and Manner by and in which the same is payable under the Award of the said Commissioners, and such Grand Jury is hereby required, without Application to Presentment Session, to make Presentment of the Amount of such Costs, Charges, and Expences, or of the Instalments from Time to Time payable in respect thereof, as stated in such Certificate, together with Interest thereon respectively at a Rate not exceeding Five Pounds per Centum per Annum from the Date of such Award, to be raised off the County at large; and in default of such Presentment the Court at such Assizes shall order such Amount or Instalments, with Interest as aforesaid, to be raised off such County, and such Order shall have the Force of a Presentment, and the Treasurer 9 & 10 VICT. E of Repayment of Loan when payable by a County, to be raised by Pre sentment. |