In case of Misapplication of or Neglect to apply any such Loan to the Purpose agreed upon, the Commissioners may Advances made, recover the or may com plete the Works. Definition of Acts or this Act, to or for the Use or in aid of any Body or Bodies Politic or Corporate, or incorporated Society or Company, without requiring such Bond or Warrant of Attorney to be made or entered into as aforesaid; and the said Commissioners may, if they shall think fit, in lieu thereof require such Security, under the Seal of any such Body Politic or Corporate, or incorporated Society or Company, for the due Application of the Money advanced, as they shall think fit; and the said Commissioners shall amend the Regulations established by them under the said Acts accordingly. XI. And be it enacted, That if Default shall be made in the due Application of any Instalment of any Loan or Advance made for the Purpose of any such Drainage, Embankment, Reclamation, or other Improvement, or in case the Party or Person to whom any such Loan or Advance may have been so agreed to be made, or if the Person or Persons entitled for the Time being to the Rents and Profits of the Lands which may be the Subject of such Drainage, Embankment, Reclamation, or other Improvement shall omit or neglect to proceed with the Completion of such Drainage, Embankment, Reclamation, or other Improvement, it shall and may be lawful for the said Commissioners to proceed for the Recovery of any such Instalment, Loan, or Advance, or any Part thereof, with the Interest due thereon, and to stop all further Advances or Loan in respect of such Work, or it shall and may be lawful for the said Commissioners, or any Person authorized by them for that Purpose, if they shall so think fit, to enter upon such Lands, and proceed to complete the Drainage, Embankment, Reclamation, or other Improvement of such Lands according to the original Plan and Specification which may have been agreed upon for the same, and out of the Residue of the Monies so agreed to be advanced by and then remaining in the Hands of the said Commissioners to complete and finish such Drainage, Embankment, Reclamation, or other Improvement; and all Monies so advanced and paid as last aforesaid by the said Commissioners shall be deemed and taken as Part of the Money agreed to be advanced by the said Commissioners, and secured and charged on such Lands as aforesaid, and shall be repaid to the said Commissioners out of such Lands, and out of the Monies to be raised from such Lands by means of such Charge, Grant, Lease, Mortgage, or Demise, or other Assurance as aforesaid. XII. And be it enacted, That in the Construction of this Act (except where the Nature of the Provision or the Context of the Act shall exclude such Construction) the Word "Land" shall extend to all Arable, Pasture, or otherwise profitabie, and to all waste uncultivated Land, whether Bog Land or Land covered with Water, and shall also extend to Messuages, Tenements, and other Hereditaments, corporeal or incorporeal, and any Estate or Interest therein, and any undivided Part thereof; and the Expression" Commissioners of Her Majesty's Treasury" or "Commissioners of the Treasury" shall mean the said last-mentionedCommissioners or any Three or more of them; and the Expression "the said Commissioners" shall mean the Commissioners of Public Works in Ireland or any Two or more of them (except where otherwise provided); and the Words "Person or Persons" shall extend 5 extend to all Bodies Politic, Corporate, or Collegiate, and also all Bishops, Parsons, and other ecclesiastical Persons, as to Lands held by them in those respective Characters, and to any Number of Persons associated together as a Company or Partnership; and the Word "County shall extend and be applied to all Counties, Counties of Cities, and Counties of Towns; and the Expression "High Court of Chancery, or Chancery," shall extend to and include the Equity Side of the Court of Exchequer ; and the Word "Master" shall extend to and include the Remembrancer; and every Word importing the Singular Number only 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 only shall extend and be applied to a Female as well as a Male. XIII. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in this present Session of amended, &c. Parliament. CAP. II. An Act to authorize Grand Juries in Ireland, at the Spring Crop of the last Season in Ireland it is expedient to 'facilitate and encourage the Employment of the Poor in Public 'Works during the approaching Summer:' 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 it shall be lawful for the several Grand Juries Grand Juries in assembled for the Despatch of fiscal Business at the Spring Ireland may, at Assizes of this Year in every County, County of a City, or County the Spring Asof a Town in Ireland, the County of the City of Dublin excepted, if they shall respectively think fit, to appoint by Presentment certain Places within their respective Counties (videlicet, One in and for each Barony or Half Barony, to be called the Extraordinary Baronial Presentment Sessions, and One for each County of a City or County of a Town, or in and for such Barony or Baronies, Half Barony or Half Baronies only, as they shall think fit,) where, and certain Times, the first thereof not being later than Thirty Days from the Day of the Opening of the Commission at such Spring Assizes, when Extraordinary Presentment Sessions shall be holden for the Purposes of this Act; and the said several Grand Juries, save in a County of a City or County of a Town, shall by such Presentment also appoint an Extraordinary Presentment Sessions for the County to be holden either in the County Court sizes of this Year, appoint Places and Times for holding Extraordinary Presentment Sessions for the Purposes of this Act. Justices and Cess-payers to hold Sessions for the Purposes of this Act at the Times and Places ap pointed by the Grand Jury. How Sessions are to be constituted. Provisions of Court House or such other Court House or Place as such Grand Juries may deem most convenient, which Sessions shall be called the Extraordinary County Presentment Sessions, and shall be appointed to be held as soon as conveniently may be after the last of such Extraordinary Baronial Presentment Sessions as aforesaid; and every such Presentment shall appoint the Hours of the Day between which such Sessions shall be respectively holden, and public Notice thereof shall be forthwith given and posted at the usual Places for posting public Notices; and it shall be lawful for every such Grand Jury at such Spring Assizes to direct by Presentment what Number of Copies of the Schedules of Applications to be made at each such Extraordinary Presentment Sessions shall be printed and distributed by the Secretary of the Grand Jury. II. And be it enacted, That it shall and may be lawful for every Justice of the Peace in and for any County, County of a City, County of a Town, or City and County in Ireland, not being a Stipendiary Magistrate, to attend, and all such Justices are hereby required to assemble, and with the Cess-payers associated with them respectively, as herein-after appointed, to hold such Extraordinary Baronial and County Presentment Sessions respectively for the Purposes of this Act in such Place or Places, and at such Time or Times, within any and every such County, County of a City, or County of a Town as the Grand Jury of the same at such Spring Assizes shall have appointed for the holding of such Extraordinary Sessions. III. And be it enacted, That the Justices or Justice present at every such Extraordinary Baronial Presentment Sessions, together with the Number of Cess-payers which shall have been appointed by the Grand Jury at such Spring Assizes to be associated with the Justices at the Ordinary Presentment Sessions to be holden next after such Spring Assizes for the Purposes of an Act passed in the Sixth and Seventh Years of the Reign of His late Majesty King William the Fourth, intituled An Act to consolidate and amend the Laws relating to the Presentment of public Money by Grand Juries in Ireland, for the Barony or Half Barony, County of a City, or County of a Town, in which such Extraordinary Baronial Presentment Sessions shall be holden, shall constitute such lastmentioned Sessions; and that all and every the Provisions contained in the said recited Act of the Sixth and Seventh Years of the Reign of the said King William the Fourth relative to the Selection of a Chairman and of the Cess-payers to be associated with such Justices or Justice at Presentment Sessions, and to their respective Powers, Duties, and Authorities, shall, as far as the same under this Act. are applicable, extend to all Extraordinary Baronial Presentment Sessions to be held under this Act, and to the Proceedings to be had thereat; and that all and every the Provisions contained in the said recited Act relating to the Declarations to be made by the Justices and Cess-payers respectively who shall act at any Presentment Sessions, and relating to Notices or to Applications for Works whether by the County Surveyor or other Person or Persons, and to the Lodgment of such Applications, and to the Manner in which every such Application] shall be made, dealt with, and decided upon, and to the Duties of the Secretary of the Grand Jury with respect to the same, and also relating to Specifications cial Presentment Sessions to extend to Sessions held of of proposed Works, and to Applotments by the County Treasurer of the several Sums required by such Applications, and also relating to the Powers, Duties, and Authorities of the Secretaries of Grand Juries, County Surveyors, Clerks of the Crown, and Clerks of the Peace, and all other Officers respectively, shall, as amended by an Act passed in the Seventh Year of the Reign of His said late Majesty King William the Fourth, intituled An Act to amend an 7 W. 4. & Act passed in the Seventh Year of the Reign of His present Ma- 1 Vict. c. 2. jesty, for consolidating and amending the Laws relating to the Presentment of public Money by Grand Juries in Ireland, as far as the same are applicable or may be necessary for carrying out the Provisions of this Act, and not inconsistent with such Provisions, extend to all Proceedings respectively to be had under the Provisions of this Act in as full and ample a Manner to all Intents and Purposes as if the same were herein repeated and enacted, unless where other Provisions are hereby substituted; and further that the said Justices or Justice and Cess-payers shall sit de die in diem until all the Business which may come before them shall be concluded; provided that in any such Declaration to be made by any such Justice or Cess-payer the Title of this Act shall be inserted together with the Title of the said Act of the Sixth and Seventh Years of King William the Fourth. One Cess-payer shall be selected at each Extraordinary Baro IV. And be it enacted, That the Justices and Cess-payers associated at each Extraordinary Baronial Presentment Sessions shall select One of the said Cess-payers for every Barony for which such Sessions are appointed to be associated with the Justices of the nial Sessions, County as a Member of the Extraordinary County Presentment and shall, with Sessions; and the Secretary of the Grand Jury shall make out a the Justices, List of the Persons so chosen at each such Baronial Sessions, and constitute the shall forthwith notify the same and the Day appointed for such Extraordinary County PreCounty Sessions to them, and shall read out the same List pre- sentment Sesvious to the Appointment of the Chairman for the Extraordinary sions. County Presentment Sessions; and the Persons so chosen shall, together with the Justices as aforesaid, form the Extraordinary County Presentment Sessions; and every such Justice or Cesspayer shall make a like Declaration respectively as in the Case of Extraordinary Baronial Presentment Sessions is provided. Applications for Presentments on any Barony to be made at the Baronial V. And be it enacted, That all Applications for Works, the Expence whereof it may be proposed as aforesaid to levy off any Barony, shall be made at such Baronial Presentment Sessions as shall be holden for such Barony, and that such Applications shall be for any one or other of the following Matters, and no others; Sessions. (that is to say,) the lowering a Hill or filling a Hollow, or both, Matters for on any public Road, and the making a Road thereon with Stones Application. and Gravel, the building, rebuilding, repairing, enlarging any Bridge, the Cost of which shall not exceed Fifty Pounds, or any Pipe, Arch, or Gullet built of Stones or Brick or Wood under or on any such Road, or filling or gravelling over any such Bridge, Arch, Pipe, or Gullet, or for building or repairing any Wall or Part of a Wall necessary to the Support of, or to prevent any steep Bank of Earth from falling upon any such Road, or in erecting any Fence, Railing, or Wall for the Protection of Travellers from dangerous Precipices or Holes lying on the Side of any public Road, the widening of any public Road to a Breadth not more than Applications shall be considered and decided on at such Baronial Sessions, who shall then adjourn, &c. If proposed Work approved, Secretary of the have Schedules tributed, and lay the same than Forty Feet, the gravelling, macadamizing, paving, fencing, repairing, or otherwise improving any Part of any public Road, filling up Grips or Trenches on any public Road, making sufficient Fences instead thereof, the filling Dikes or Holes on the Sides of any public Road, or for making, widening, or deepening Drains on the Side of any such Road, and carrying off the Water therefrom, the making or repairing of the Footpaths along the Side of any County Road, and the making or repairing of any Sewer or Channel along the Side of any Part of a public Road lying within any Town or Village. VI. And be it enacted, That at each Extraordinary Baronial Presentment Sessions to be holden as herein-before provided the Justices and Cess-payers associated in the Business of such Sessions shall take into consideration all such Applications as may be laid before them in manner aforesaid and examine into the posting or serving of the Notices of all such Applications, when a Notice shall be necessary, and into the Merits of such Applications, and the Conformity thereof with the Provisions of the said recited Acts and this Act; and the said Justices and Cess-payers shall, after such Examination, decide by Majority of Voices upon every such Application, and whether the same ought to be adopted or rejected, and whether wholly or in part, or conditionally, in the event of the Expence thereof not exceeding a certain specified Sum, and what Modification thereof, if any, may be proper; and if such Justices and Cess-payers shall approve of any proposed Work, either wholly or in part, or conditionally, or of any Modification thereof, they shall, where necessary, save in the Case of Applications herein-after otherwise provided for, direct the County Surveyor to prepare a proper Form of Tender for the Execution of the same, together with such Specifications, Maps, Plans, Sections, or Elevations as may be necessary, expressing the Nature and Extent of such Works, and if the Sessions shall so direct, the Quantity per Perch, and the Description of the Materials proper to be employed in performing and executing the same, and the Term within which such Work ought to be completed, and such other Particulars as said Justices and Cess-payers shall think fit; and such Chairman shall endorse all Applications accordingly which shall be adopted and approved, and sign_his Name thereto, and deliver all such Applications so endorsed to the Secretary of the Grand Jury; and such Surveyor shall deliver such Form of Tender, Specifications, Maps, Plans, Sections, or Elevations in respect of the Work to which each Application shall relate, as soon thereafter as the same can be conveniently prepared, to the Secretary of the Grand Jury; and the said Justices and Cess-payers shall adjourn such Sessions until some Day not sooner than Fourteen Days after the Day fixed for the Extraordinary County Presentment Sessions. VII. And be it enacted, That so soon as may be possible after the Extraordinary Baronial Presentment Sessions shall have been holden at all the Places and Times appointed therefor in any such County the Secretary of the Grand Jury shall prepare and make Schedules of the Contents of all Applications approved of wholly or in part, and which may have been delivered to him for such Purpose by the Chairman at each such Sessions; videlicet, One Schedule |