Drainage and Improvement of Land (Ireland) Act, 1866

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DRAINAGE AND IMPROVEMENT OF LAND (IRELAND) ACT 1866

CAP. XL.

An Act to authorize a further Advance of Money for the Purposes of Improvement of Landed Property in Ireland. [28th June 1866.]

10 & 11 Vict. c. 32.

12 & 13 Vict. c. 23.

12 & 13 Vict, c. 59.

13 & 14 Vict, c. 31.

13 & 14 Vict. c. 113.

15 & 16 Vict, c. 34.

23 & 24 Vict. c. 19.

25 & 26 Vict, c. 29.

‘WHEREAS an Act was passed in the Session of Parliament held in the Tenth and Eleventh Years of the Reign of Her present Majesty Queen Victoria, intituled: An Act to facilitate the Improvement of Landed Property in, Ireland; and a further Act was passed in the Session of Parliament held in the Twelfth Year of the Reign of Her said Majesty, intituled An Act to authorize further Advances of Money for the Improvement of Landed Property, and the Extension and Promotion of Drainage and other Works of public Utility, in Ireland; and a further Act was passed in the Session of Parliament held in the Twelfth and Thirteenth Years of the Reign of Her said Majesty, intituled An Act to amend an Act of the Tenth Year of Her Majesty, for facilitating the Improvement of Landed Property in Ireland; and a further Act was passed in the Session of Parliament held in the Thirteenth and Fourteenth Years of the Reign of Her said Majesty, intituled An Act to authorize further Advances of Money for Drainage and the Improvement of Landed Property in the United Kingdom, and to amend the Acts relating to such Advances; and a further Act was passed in the said last-mentioned Session of Parliament, intituled An Act to authorize the Transfer of Loans for the Improvement of Land in Ireland to other Land; and a further Act was passed in the Session of Parliament held in the Fifteenth and Sixteenth Years of the Reign of Her said Majesty, intituled An Act to extend the Act to facilitate the Improvement of Landed Property in Ireland, and the Acts amending the same, to the Erection of Scutch Mills for Flax in Ireland; and a further Act was passed in the Session of Parliament held in the Twenty-third Year of the Reign of Her said Majesty, intituled An Act to extend the Act to facilitate the Improvement of Landed Property in Ireland, and the Acts amending the same, to the Erection of Dwellings for the Labouring Classes in Ireland; and a further Act was passed in the Session of Parliament held in the Twenty-fifth and Twenty-sixth Years of the Reign of Her said Majesty, intituled An Act to amend and enlarge the Acts for the Improvement of Landed Property in Ireland:

And whereas great Benefit has been derived by means of Loans under the said Acts, and it is expedient to authorize the Advance of a further Sum of Money for the Purposes of the said Acts, and to extend the Objects for which such Loans may be made, and to perpetuate such of the Powers and Provisions of the said Acts as are terminable:’

Be it therefore enacted by the Queenâ’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:

Power to Treasury to issue One million Pounds for the Purposes of the Acts.

1. That it shall be lawful for the Commissioners of Her Majesty’s a Treasury from Time to Time to issue and advance, out of the growing Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland (in addition to the Sums heretofore authorized to be advanced), such further Sum or Sums of Money, not exceeding in the whole the Sum of One million Pounds, as may be required for the Purposes of the said recited Acts and this Act.

The Commissioners of Public Works may make Advances to such Amounts as may be sanctioned.

2. Notwithstanding anything in the said Act of Thirteenth and Fourteenth of Her Majesty, Chapter Thirty-one, or other of the said Acts, to the contrary, it shall be lawful for the Commissioners of Public Works in Ireland, with the Sanction of the Commissioners of Her Majesty’s Treasury, out of the aforesaid Moneys, to make Loans to any Owner of Lands in Ireland, for the Purposes of the said recited Acts and this Act, of such Sums and to such Amounts, at such Times and in such Manner, as the said Commissioners of Public Works, with the Sanction, of the Commissioners of the Treasury, may think right and proper.

Loans may be made repayable by a Rentcharge calculated at the Rate of 5l. per Cent, per Annum.

3. Notwithstanding anything in the said first-recited Act, it shall and may be lawful for the Commissioners of Public Works, by and with the Sanction of and subject to such Rules and Regulations as the Lords Commissioners of Her Majestyâ’s Treasury (and in such Cases as the said last-mentioned Commissioners may think proper), to make Loans or Advances for the Purposes of the said recited Acts or this Act, repayable by means of a Rentcharge at Five per Cent, per Annum, payable for a Term of Thirty-five Years instead of Twenty-two Years, as by the said first-recited Act provided; and in case any Loan shall be so made, the Lands specified in the Order of the Commissioners of Public Works for the making of such Loan shall from the Date of such Order become charged with the Payment to Her Majesty of an annual Rentcharge of Five Pounds for every One hundred Pounds of such Loan from Time to Time advanced, and so in proportion for any lesser Amount, and to be payable for the Term of Thirty-five Years, to be computed from the Fifth Day of April or Tenth Day of October which shall next happen after the Advance in respect of which the Rentcharge shall be charged, such Rentcharge to be paid by equal half-yearly Payments on the Fifth Day of April and Tenth Day of October in every Year, the First of such Payments to be made on the Second of such Days which shall happen next after the Issue of any such Advance in respect of which the Rentcharge shall be charged.

Such Rentcharge may be redeemed according to a Schedule to be approved.

4. All such Loans, repayable as last aforesaid, may be redeemed according to a Schedule to be prepared and certified by the Actuary for the Time being of the Commissioners for the Reduction of the National Debt, and approved of by the Lords Commissioners of Her Majestyâ’s Treasury.

Additional Purposes for which Loans may be made.

5. In addition to the Purposes for which Loans may be made under the Provisions of the said recited Acts, it shall be lawful for the Commissioners of Public Works, in such Cases as they may judge expedient for the Promotion of Agriculture or the Improvement of Lands, and subject to such Rules and Regulations as may from Time to Time be made by the Commissioners of Her Majesty’s Treasury, to make Loans for the following Purposes, that is to say:

The building or enlarging Farm Dwelling Houses in connexion with Farm Offices and Buildings erected or to be erected:

The Erection and Improvement (by means of Alterations or Additions) of Dwelling Houses for Labourers:

Planting for Shelter:

The Execution of all such Works as in the Judgment of the Commissioners may be necessary for carrying into effect any Matter or Object herein-before or in the said recited Acts or any of them mentioned, or for deriving the full Benefit thereof.

Provisions of former Acts to apply.

6. All the Powers, Provisions, Matters, and Things in the said Acts, or any of them, contained or referred to, and relating to the Security for and Repayment of Loans under the Provisions of the same, shall apply to all Loans duly authorized to be made under this Act.

This and recited Acts to be construed as One Act.

7. This Act and the Acts herein-before recited or referred to shall be read together and construed as One Act, save so far as the Provisions of this Act may be inconsistent with the Provisions of the aforesaid Acts or any of them.