Landed Property Improvement (Ireland) Act, 1866
LANDED PROPERTY IMPROVEMENT (IRELAND) ACT 1866 | ||
CAP. XXVI. | ||
An Act to secure the Repayment of Public Moneys advanced for the Drainage and Improvement of Lands and other like Objects in Ireland. [18th May 1866.] | ||
5 & 6 Vict. c. 89. | ||
10 & 11 Vict, c. 32. | ||
26 & 27 Vict, c. 88. | ||
27 & 28 Vict, c. 72. | ||
28 & 29 Vict, c. 52. | ||
‘WHEREAS, under and by virtue of a certain Act of the Session of the Fifth and Sixth Years of Her Majesty, Chapter Eighty-nine, being an Act to promote the Drainage of Land and Improvement of Navigation and Water Power in connexion with such Drainage in Ireland, and certain Acts amending the same, and of a certain other Act of the Session held in the Tenth and Eleventh Years of Her Majesty, Chapter Thirty-two, being an Act to facilitate the Improvement of Landed Property in Ireland, and of the several Acts amending and extending the Provisions of the said Acts respectively; and under and by virtue of a certain Act, being the “ Drainage and Improvement of Lands Act (Ireland), 1863 ,” and certain other Acts of the Session of the Twenty-seventh and Twenty-eighth Years of Her Majesty, Chapter Seventy-two, and of the Session of the Twenty-eighth and Twenty-ninth Years of Her Majesty, Chapter Fifty-two, for amending the Provisions of the said last-mentioned Act; and under and by virtue of a certain Act of the Session of the Ninth Year of Her Majesty, Chapter Three, being an Act to encourage the Sea Fisheries of Ireland, by promoting and aiding with Grants of Public Money the Construction of Piers, Harbours, and other Works, and the Acts amending the same, Provision is made for the Advance of Public Moneys for the Drainage and Improvement of Lands and Estates, and to aid in the Construction of Public Works in Ireland, and for the securing all such Advances by charging the same on the Lands, Estates, and Interests of Proprietors and others, and in priority to other Charges and Incumbrances, as in the said several Acts is particularly provided; and by certain of the said Acts it is enacted that such Charges should have Priority from the Registration in the Registry of Deeds Office of Ireland of certain Orders of the Commissioners of Public Works in Ireland thereby directed to be so registered: | ||
And whereas divers Sums of Public Moneys have been already advanced for such Purposes, and on such Security, and it is intended that further Sums will be hereafter advanced for the like Purposes and upon the like Security: | ||
And whereas Acts of Parliament may be hereafter passed providing for the Advances of Public Moneys for the like and other Purposes, and on the like Security: | ||
28 & 29 Vict, c. 88. | ||
And whereas in the Session of the Twenty-eighth and Twenty-ninth Years of Her Majesty an Act was passed, called the “Record of Title Act (Ireland), 1865,” and thereby Provision is made for the recording of Titles to Lands sold and conveyed or the Title to which may be declared by the Landed Estates Court in Ireland; and it is thereby enacted that, subject as therein mentioned, the recorded Owner for the Time being shall be and be deemed to be absolutely and indefeasibly possessed of and entitled to such recorded Estate against all Persons, and free from all Rights, Interests, Claims, and Demands whatsoever, including any Estate, Claim, or Interest of Her Majesty, Her Heirs and Successors; provided always, that nothing therein contained should prejudice or affect any Rentcharge in lieu of Tithe, or any Crown Rent or Quit Rent to the Crown, or any Charge imposed before the Day of the passing of that Act under any Public Act or Acts for promoting Drainage or Land Improvement in Ireland; and it is also thereby enacted, that the Provisions of the several Acts of Parliament then in force relating to the Registry of Deeds in Ireland should cease to be applicable to any Land when placed on the Record under the Provisions of that Act, and so long as it remains thereon: | ||
And whereas it is apprehended that the Provisions of the said “Record of Title Act” will operate to extinguish or endanger and postpone in many Instances Charges created to secure the Repayment of Public Moneys advanced under the said Acts when such Moneys may have been or may be advanced after the passing of the said “Record of Title Act” and otherwise; and Difficulties have arisen and may arise as to the Registration of such Orders as aforesaid, when such Orders may have been or may be made with respect to Lands, the Title to which has been or may hereafter be recorded; and it is expedient fully to provide for the Repayment of Public Money advanced for the Improvement of Lands and other the like Objects, and for that Purpose to amend the Sixty-second Section of the Act of the Session held in the Twenty-first and Twenty-second Years of Her Majesty, being an Act to facilitate the Sale and Transfer of Land in Ireland:’ | ||
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, as follows: |