149. Definition of terms in this Act 150. Piers not to be constructed of the Admiralty. and it shall be lawful for such Court of Chancery to direct a taxation of such costs and charges by a Master of the Court of Chancery, upon the undertaking and security of such person to pay his proportion of the amount of such costs when taxed, and upon such other terms (if any) as to such Court shall seem fit, and such costs shall be taxed accordingly; and such attorney or solicitor shall have such and the like remedies against all parties chargeable with such costs as in the case of costs incurred for business done in such Court respectively, and taxed, ascertained and certified in pursuance of the order of such Court respectively. 5 10 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 profitable, and to all waste uncultivated land, whether bog land, land periodically flooded or covered with water, 15 or otherwise wholly or partially unproductive, and shall also extend to messuages, tenements, mills, weirs and other hereditaments corporeal or incorporeal, and any estate or interest therein, and any undivided part thereof, and any charge or incumbrance thereon; and the word "River" shall extend to all rivers, lakes, canals, 20 streams and estuaries; and the words "Person or Persons," and the words" Proprietor or Proprietors," shall 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 25 partnership; and the word "Counties" shall extend and be applied to all counties, counties of cities and counties of towns; 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 30 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. Provided, and be it Enacted, That nothing in this Act contained without leave shall authorize the said Commissioners or any trustees elected 35 hereunder, or any other person, to construct or erect any pier, quay, wharf, jetty, breast or embankment in or adjoining to any public harbour, or any river immediately communicating therewith, so far as the tide flows up the same, without the previous authority and consent of the Lord High Admiral, or the Commissioners for executing the 40 office of Lord High Admiral of the United Kingdom, to be for that purpose signified in writing under the hand of the Secretary of the Admiralty for the time being. And be it Enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament. SCHEDULE SCHEDULE TO WHICH THIS ACT REFERS. BY the Justices and Associate Cess-payers at the Presentment Session held at on in the county of for the barony (or half barony or county at large) of [here state the name of the barony or county for which the Presentment Sessions are held]. WE declare that we approve of the works proposed to be made for improving the navigation of [state the river, &c.] and described in the report, schedules, maps, plans and estimate deposited with the Clerk of the Peace of the county of by the Commissioners for carrying into effect an Act passed in the fifth year of the reign of Her present Majesty, intituled, [here state the title of this Act], and laid before us and we further agree and consent that the proportion of the costs and expenses of so much of the said works as shall relate to such navigation which shall be assessed upon the barony (or half barony or county) of or any townland or townlands thereof, under the provisions of the said Act, shall be raised off the said barony (or half barony or county) or townland or townlands respectively. Signed on behalf of the said Presentment Session. A. B., Chairman of the said Presentment Session. (Ireland.) SSSSSSSSSSS A BILL [AS AMENDED BY THE COMMITTEE] To promote the Drainage of Lands, and Improvement of [N. B.-The Clauses marked (A.) to (N.) were added by the Committee.] W HEREAS it is expedient that provisions should be made Preamble. for promoting the Drainage of Lands in Ireland, and the improvement of Navigation and Water-power in connexion with Drainage; BE it therefore Enacted, by The QUEEN's most Excellent 5 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 the Commissioners of Public Works in Ireland for the time being shall be the Commissioners for the execution of this Act. 10 Provided always, and be it Enacted, That it shall and may be lawful to and for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, by warrant under the hands of any Three or more of them, if they shall so think fit, to appoint One or Two persons to assist the said Commissioners of Public 15 Works, and be Commissioners together with them for the execution of this Act during pleasure, and to remove either or both of said lastmentioned Commissioners, and to appoint another or others in the stead of the person or persons so removed, or dying or resigning; and that all matters and things which the Commissioners for the 1. The Commis missioners of Public Works to be the Commissioners under this Act. 2. Two addition al Commis sioners may be appointed. 3. Any person interested in any land liable to be present Me Commis execution of this Act, are by any of the provisions of this Act required or authorized to do or execute, may be done and executed by any Two of them. And be it Enacted, That it shall be lawful for any person interested in any land liable to be flooded or injured by water, or capable of 5 being drained, or the drainage whereof may be capable of being morial to the improved, to apply by memorial to the Commissioners for the execution of this Act, stating the nature and extent of such land, Works, pray- and praying that the same may be drained, or that the drainage ing that same thereof may may be be improved under the provisions of this Act. drained under the provisions of this Act. sioners of Public 4. morial, pray- river may be 5. Grand Jury may present tion may be effected or improved. in 10 And be it Enacted, That it shall be lawful for any person interested any river within, adjacent or near to any such tract of land as aforesaid, and which river, or any part thereof, may be capable of being rendered navigable in connexion with drainage, or the navigation whereof may be capable of being improved in connexion with drainage, 15 to apply by memorial to the said Commissioners, describing such river, and praying that the same, or such part thereof as aforesaid, may be rendered navigable, or the navigation improved, in conjunction with the drainage of the land adjacent or near thereto, under the provisions of this Act. 20 And be it Enacted, That it shall be lawful for the Grand Jury at Memorial the Assizes of any county, in which any such river as aforesaid, or when naviga- any such part thereof, may be situate, to make a presentment directing their Secretary to apply by memorial as aforesaid, for the like purpose, to the said Commissioners, provided, One Month at least before the 25 meeting of such Grand Jury, a notice, signed by One or more cesspayers of such county, specifying that it is intended to bring under the consideration of such Grand Jury the propriety of such memorial, shall have been published in Three successive publications of a newspaper circulating in such county, and shall have been Ten Days 30 before such meeting of such Grand Jury posted at the usual places for posting Grand Jury notices in every barony in such county in which any such river or such part of a river proposed to be improved is situate, in the same manner as notices for applications are to be posted under an Act passed in the Session of Parliament holden in 35 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." 6. Where presented, Commis sioners may And be it Enacted, That in every case of application by memorial as aforesaid, the said Commissioners shall require such a sum to be deposited in their hands by or on behalf of the person or Grand Jury 40 |