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PUBLIC WORKS (IRELAND) ACT 1869
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CHAPTER LXXIV.
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An Act to extend the period for the Repayment of Advances of Public Money for the construction of certain Public Works in Ireland, and also to incorporate the Commissioners of Public Works in Ireland for certain purposes, and to vest in the said Commissioners lands and premises held on public trusts.[1]
[9th August 1869.]
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[Preamble recites 1 & 2 Will. 4. c. 33.]
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Memorial of grand jury for delay of repayment of advances from Public Works Commissioners.
1 & 2 Will. 4. c. 33.
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1. Whenever any grand jury shall have obtained or shall obtain from the Commissioners of Public Works in Ireland any advance of public monies for the purpose of any public works, and shall desire that the time for repayment of that advance shall be enlarged beyond the period by the said Act provided, the secretary of such grand jury shall cause a memorial to be submitted to the said Commissioners of Public Works, setting forth the nature and particulars of such work, and the estimated expenses thereof, and the circumstances of the case, and requesting that any advance made by the said Commissioners for the purposes of the same may be repaid by half-yearly instalments of not less than five pounds per centum per annum of the money to be advanced; and thereupon, and upon such further inquiry as the said Commissioners may desire to be made, it shall and may be lawful to and for the said Commissioners of Public Works, by writing under the hand of their secretary for the time being, with the sanction of the Treasury, to certify at what rate, not being less than five pounds per centum, the several instalments in respect of such advances shall be presented, and the rate of interest to be paid therefor, and also the amount of the expenses which may have been incurred by the said Commissioners in the inquiry aforesaid; and thereupon it shall and may be lawful to and for any grand jury of a county, county of a city, or county of a town, at any assizes, or if in the county of Dublin, in any presenting term, in making any presentment under and by virtue of the aforesaid provisions of the said Act, as amended by this Act, to set forth in such presentment that the sum or sums of money to be advanced by the said Commissioners shall be raised and levied by such instalments as shall have been so certified by the said Commissioners in manner as aforesaid, and likewise to include in such presentment, in addition to all sums mentioned in the said Act in that behalf, a sufficient sum to defray the expenses attendant on any such inquiry so made at the desire of the said Commissioners; and this section of this Act shall be incorporated and read together with the said twenty-third section of the Public Works (Ireland) Act, 1831.
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Commissioners of Public Works constituted a corporation.
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2. For the purposes of this Act, and of taking, acquiring, and holding any lands in Ireland required for any department of the public service or for any public purpose, the Commissioners of Public Works in Ireland for the time being are hereby constituted a corporation, with perpetual succession and a common seal, and with power to hold lands of any tenure.
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Lands to be held by Commissioners as a corporation.
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3. All such lands so required and taken by the said Commissioners, or required to be transferred to or vested in their secretary by the provisions of any Act of the present or any former session of Parliament, shall be granted to and held by the said Commissioners as such corporation and not otherwise.
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Lands previously vested in secretary to be now vested in Commissioners.
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4. All lands in Ireland vested in the present or any former secretary of the said Commissioners, or in the heirs, executors, or administrators of any such former secretary, or their or his assigns, and held by him or them in trust for any such public department, or on any public trust, or for the use and benefit of the Crown, shall, without any conveyance or assignment thereof, be vested in the said Commissioners as such corporation as aforesaid, to be held to such and the same uses and upon such trusts and purposes to and upon which the same were held respectively previously to the passing of this Act.
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Commissioners entitled to benefit of all covenants, &c.
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5. The said Commissioners so incorporated as aforesaid shall be entitled to the benefit of all covenants, conditions, or agreements in relation to the lands so transferred, express or implied, and on the part of the grantors or lessors of the same respectively to be performed, and to maintain all actions, suits, and other proceedings grounded upon such covenants or agreements in their own name as such corporation as aforesaid; and the said Commissioners as such corporation shall in like manner be liable to all payments, reservations, covenants, conditions, and agreements, express or implied, in respect of the same lands respectively, and on the part of the grantees or lessees of the said lands respectively, to be paid, observed, or performed: . . .
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Interpretation.
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6. The word “lands” or “land” in this Act shall be deemed to mean and include all hereditaments, corporeal and incorporeal, and whether held in fee simple, fee farm, or for a life or lives, or for lives and years concurrent, or for years only, and all rights, members, and appurtenances, appertaining to such lands, or usually held or enjoyed therewith; and the words “grand jury” shall, as regards any borough of which the council is authorized by law to make presentments, be held to include such council.
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[1 Short title, “The Public Works (Ireland) Act, 1869.” See 59 & 60 Vict. c. 14.] |
