Demise dated 26th March 1851. particularly described, and acquired by the Canal Company for the Purpose of their said • Undertaking, were conveyed to the said Henry Richard Paine as such Secretary as aforesaid (subject nevertheless to the said Securities of the said Loan Commissioners), by way of Mortgage, and in order to secure the Repayment of the said Sum of Ten thousand Pounds by certain half-yearly Instalments as therein provided: And whereas by a certain Indenture of Indenture of Demise bearing Date the Twenty-sixth Day of March One thousand eight hundred and fifty-one, and made between the said John S. Brickwood of the one Part, and • William Dargan of the other Part, after reciting the said Six several Indentures of • Mortgage firstly herein-before mentioned, and reciting, as the Fact was, that the whole of the said Sum of One hundred and twenty thousand Pounds was due and unpaid, the said 'John Strettel Brickwood, as such Secretary as aforesaid, and by virtue of the Statutes enabling the said Commissioners in that Behalf, demised all the said Canal and Undertaking, and the Rates and Tolls thereof, to the said William Dargan, for the Term of Fourteen Years, computed from the First Day of January One thousand eight hundred and fifty-one, subject to the yearly Rent of Four hundred Pounds, and to a further Rent of Twenty Pounds for every One thousand Tons of Traffic on the said Canal exceeding Twenty thousand Tons, in manner therein mentioned: And whereas the said Lease expired by Effluxion of Time on the First Day of January One thousand eight hundred and sixty-five: And whereas no Part of the said Sum of One hundred and twenty thousand Pounds so advanced by the said Public Loan Commissioners, or of the said Sum of Ten thousand Pounds advanced by the said Commissioners of Public Works, has ever been repaid, but the same, together with large Arrears of Interest thereon respectively, still remain due and owing, and the whole Amount so due on Foot of the said Securities greatly exceeds the Value of the said Canal and Undertaking and Premises so subject to the said Mortgages, and the said Canal has long since ceased to be occupied or worked by the said Canal Company, and the same is now in possession of the said Public Works Loan Commissioners: And whereas the said Canal and Works have fallen into Disrepair in many Places, and it is expedient that Provision should be made for the Repair thereof, and it may be necessary to acquire further Rights in Water for the Supply of the same, and also to construct further Works in connexion with the said Canal, and it is expedient to transfer the said Canal and Undertaking and all Property thereof to the Commissioners ' of Public Works in Ireland, for the Purposes herein-after expressed:' 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: transferred to 1. All the said Canal called the Ulster Canal, and all the Undertaking of the same, Canal and together with all the Powers, Privileges, and Authorities vested in the said Ulster Canal Undertaking Company by any of the Acts constituting or enabling such Company, whether of levying the Commisand receiving Tolls, Rates, or otherwise, and all the Works and Property of the said sioners of PubCompany, and all Lands, Tenements, and Hereditaments at any Time heretofore acquired lic Works in by or vested in the same Company, together with all the Appurtenances thereof, and all the Estate, Right, Title, and Interest of the said Company in or to the same, shall, from and after the passing of this Act, be vested in the Commissioners of Public Works in Ireland, freed and discharged from all Estates, Charges, and Incumbrances heretofore made, permitted, or suffered by the said Canal Company. 2. The said Commissioners of Public Works, for the Purposes of this Act, shall be incorporated under the Style of the Commissioners of Public Works in Ireland, and by that Name shall have perpetual Succession and a Common Seal, to be by them made, and from Time to Time altered, as they shall think fit. Commissioners Works to be for Purposes of this Act. 3. It shall be lawful for the said Commissioners, with the Sanction of the Lords Com- Power to missioners of Her Majesty's Treasury, to acquire any Waters, Lands, Tenements, and acquire Water Hereditaments which may be necessary or convenient for the said Canal, either by Purchase and Lands, &c. or by way of Lease. Railway able. Commissioners may sell or demise. Sale or Lease valid. Commissioners to possess the Application of Tolls, Rates, &c. Enactments in 1 & 2 W. 4. c. 33. extended to this Act. 4. For the Pupose of empowering the said Commissioners to purchase or take any such Waters, Lands, or Hereditaments, and of enabling all Corporations, Bodies Politic, and other Persons to convey the same, and for the Purpose of ascertaining the Purchase Money or Compensation to be paid for the same, and the Disposition of such Purchase Money or Compensation, all and every the statutory Enactments now in force, and enabling any Railway Company in Ireland to acquire Lands for the Purpose of its Undertaking, shall be deemed to be incorporated with this Act, and the said Commissioners shall be deemed the Promoters, and this Act shall be deemed the Special Act, within the Meaning of the said statutory Enactments. 5. It shall be lawful for the said Commissioners of Public Works, with the Sanction of the Lords Commissioners of Her Majesty's Treasury, to sell and convey or lease the said Canal and Undertaking, and all the Lands, Tenements, Waters, and other Matters and Things appurtenant to the same, for such Price, or, in the Case of any such Lease, for such Term of Years, at such Rent, and with or without the Payment of any Fine, and generally upon such Terms as the said Commissioners of Public Works may think proper; and every Conveyance or Lease of the said Canal and Undertaking in pursuance of this Act shall be effectual to transfer to the Purchaser or Lessee all the Premises expressed to be thereby conveyed or demised, for all the Estate purporting to be thereby transferred, freed and discharged of all prior Estates, Charges, and Încumbrances created or suffered by the said Canal Company or their Assigns. 6. Any such Sale and Conveyance or Lease (as the Case may be) may be made to any Person or Persons, or to any public Company which may be empowered to purchase the said Canal and Premises, or to take the same on Lease. 7. The said Commissioners of Public Works, so long as they may manage the said Canal, and every such Person or Persons or public Company as aforesaid, from and after such Purchase or Lease, and so long as the said Canal and Premises shall be vested in such Purchasers or Lessees, shall possess all the Rights, Authorities, and Privileges, and be subject to all the Liabilities, which the said Canal Company would have possessed or would have been subject to had such Canal Company continued to possess and manage the said Canal and Premises. 8. All Sums of Money received by the said Commissioners of Public Works in respect of any such Sale or Lease as aforesaid, and the Surplus of all Monies received by them for Rates, Tolls, and Profits in the Management of the said Canal, and which shall remain after defraying the current Expenses thereof, shall be applied in the first place to the Payment of all Sums due for Principal and Interest on Foot of the Advances of public Money so made to the said Canal Company in the Manner herein-before mentioned, and the Interest due thereon, and in the next place to the Payment of all Sums advanced and Expenses incurred by virtue of this Act, with Interest thereon at the Rate of Four per Centum per Annum from the Time such Advances shall have been made or Expenses incurred, or in such other Manner as the Lords Commissioners of Her Majesty's Treasury may from Time to Time direct. 9. And be it enacted, That the several Enactments contained in an Act passed in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the Extensim and Promotion of Public Works in Ireland, which affect or relate to any Action or Suit to be commenced against the Commissioners for the Execution of the last-recited Act, or any Person or Persons, for anything done by virtue of or in pursuance of the last-recited Act, or any Proceedings in any such Action or Suit, or any Limitation of Time for the Commencement thereof, or any Costs thereof, or any Evidence to be given therein, or any Notice of Action or Suit, or Satisfaction or Tender thereof, or any Action or Suit to be commenced by the said Commissioners, or any Proceedings therein, or any Abatement or Discontinuance of any such Action or Suit, or to the Court in which, or to the Terms or Conditions on which, any such Action or Suit shall be brought against the said Commissioners, collectively collectively or individually, shall, so far as the same are applicable, be held to apply to and extend to any Action or Suit to be commenced against the Commissioners of Public Works in Ireland, or any Person or Persons, for anything done by virtue of, or in pursuance of, or on account of this Act, or to any Proceedings in or relating to any such Action or Suit. CA P. CX. An Act to confirm a certain Provisional Order under "The Local Government Schedule 1. The Provisional Order contained in the Schedule hereunto annexed shall, from and Provisional after the passing of this Act, so far as it is authorized by the Local Government Act, Order in 1858, and the Acts incorporated therewith, be absolute, and be as binding and of the confirmed. like Force and Effect as if the Provisions of the same had been expressly enacted in this Act. Act incorpo 2. This Act shall be deemed to be incorporated with the Local Government Act, 1858, rated with and shall be as if this Act and the said Local Government Act were One Act. 21 & 22 Vict. c. 98. 3. In citing this Act in any other Act of Parliament, or in any Proceeding, Instrument, Short Title. or Document whatever, it shall be sufficient to use the Words and Figures "The Local Government Supplemental Act, 1865” (No. 4). SCHEDULE of Provisional Order referred to in the preceding Act. HASTINGS.-Provisional Order putting in force the Lands Clauses Consolidation Act, 1845, within the District of the Hastings Local Board of Health, for the Purchase of Lands by the said Board for Street Improvements. HASTINGS. Provisional Order putting in force the Lands Clauses Consolidation Act, 1845, within the WHEREAS the Mayor, Aldermen, and Burgesses of the Borough of Hastings in the County of Sussex, by the Council of the said Borough, being the Local Board of Health in and for the District of Hastings in the said Borough, to which the Public Health Act, 1848, has been duly applied, have, in pursuance of the provisions of the 75th section of the Local Government Act, 1858, and after complying with the requirements of that section by duly giving and serving all notices thereby directed, presented a Petition, under the Seal of the said Local Board, to one of Her Majesty's Principal Secretaries of State, for authority to put in force the Lands Clauses Consolidation Act, 1845, to enable the aforesaid aforesaid Local Board of Health to purchase certain pieces of land for the purpose of widening and otherwise improving the road in the said Borough known as Ore Lane, and shown on the plan accompanying such Petition, such land and buildings being all situate within the District of the said Local Board. AND WHEREAS the said Petition duly set forth in the Schedule annexed thereto the several pieces of land intended to be taken by such Board for such purpose, and the names of the owner, lessees, and occupiers of the aforesaid land, who have assented, dissented, and are neuter in respect of the taking thereof, or who have returned no answer to the notice issued by such Board; and such Petition prayed that the said Board might, with reference to such lands, be allowed to put in force the powers of the Lands Clauses Consolidation Act aforesaid, with respect to the purchase and taking of land otherwise than by agreement; and on the receipt of such Petition, Her Majesty's Principal Secretary of State for the Home Department directed ROBERT MORGAN, Esquire, the Inspector appointed for the purpose, to visit the said District, and the said Inspector has now inquired in the District aforesaid into the subject matter of such Petition, and has duly reported thereon. Now, THEREFORE, I, as one of Her Majesty's Principal Secretaries of State, do hereby, in pursuance of the powers vested in me by the Local Government Act, 1858, make Order and direct, That, from and after the passing of any Act of Parliament confirming this Order, 1.-The Mayor, Aldermen, and Burgesses of the Borough of Hastings, by the Council of the said Borough, being the Local Board of Health for the District of Hastings in that Borough, shall be empowered to put in force, with reference to the land referred to and described in the Schedule to this Order annexed, the powers of the Lands Clauses Consolidation Act, 1845, with respect to the purchase and taking of land otherwise than by agreement. Given under my hand this Twenty-first day of January One thousand eight hundred and sixty-five. (Signed) G. GREY. SCHEDULE referred to in the preceding Order. The Pieces of Land proposed to be taken as described in the foregoing Order are the following: An Act to regulate the Disposal of Money and Effects under the Control of the Admiralty, belonging to deceased Officers, Seamen, and Marines of the Royal Navy and Marines, and other Persons. [5th July 1865.] BE it 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: 1. This 1. This Act may be cited as The Navy and Marines (Property of Deceased) Act, Short Title. 1865. 2. In this Act The Term "the Admiralty" means the Lord High Admiral of the United Kingdom, The Term "Seaman or Marine" means a Petty Officer or Seaman, Non-commissioned The Term "Representation" includes Probate and Letters of Administration, with or The Term "Representative" means any Person taking out Representation : The Term "Person" includes a Corporation. Interpretation of Terms. deceased 3. On the Death of any Person being or having been an Officer, Seaman, or Marine, Residue the Amount (if any) to the Credit of the Deceased in the Books of the Admiralty, in belonging to respect of Sale of Effects, Arrears of Pay, Wages, Prize Money, Bounty Money, Grants, Officers, or other Allowances in the Nature thereof, or other Money payable by the Admiralty Seamen, or (which Amount is hereafter in this Act, with reference to every such Case, called the Marines. Residue), shall be disposed of according to the Provisions of this Act. deceased 4. On the Death of any Person being or having been employed in any of Her Majesty's Residue Dockyards or other Naval Establishment, or in any of the Civil Departments of the Navy, belonging to or entitled to an Allowance from the Compassionate Fund, or of any Widow entitled to a Persons in Pension on the Establishment of the Navy, the Amount (if any) due by the Admiralty Civil Service (which Amount is hereafter in this Act, with reference to every such Case, called the of Navy. Residue), shall be disposed of according to the Provisions of this Act. Residue ex 5. Where the Residue exceeds One hundred Pounds the Admiralty shall dispose thereof ceeding 1001. by paying it to the Representative of the Deceased. to be paid to Representative. 6. Where the Residue does not exceed One hundred Pounds it shall not be necessary Residue not for any Purpose that Representation to the Deceased be taken out; but in any Case the exceeding 1001. Admiralty may, if they think fit, require Representation to be taken out, and, if on that to be paid to Representative, Requisition or otherwise, Representation is taken out, then the Admiralty shall dispose if any. of the Residue by paying it to the Representative. tificate, &c. 7. In the Case, nevertheless, of a Seaman or Marine, the Admiralty shall not be bound Power to to pay the Residue (whatever be its Amount) to the Representative of the Deceased, require Cerif Representation has been taken out either by a Creditor as such, or by any Person before Repre without such Certificate respecting the Title to Representation having been first obtained sentation." from the Admiralty, or such other Regulations or Conditions having been duly observed or performed, as is or are prescribed by Order in Council; and in any such Case the Admiralty shall dispose of the Residue in pursuance of this Act as if Representation had not been taken out. 8. Where the Residue does not exceed One hundred Pounds, and Representation is Residue not not taken out, then, subject to the other Provisions of this Act, the Admiralty shall, as soon exceeding as may be, dispose of the Residue as follows: (1.) They shall, if they think fit, pay the Residue to any Person showing herself or himself to their Satisfaction to be entitled to take out Representation to the Deceased (otherwise than as a Creditor)-to the end that the Residue may be applied by the Person to whom it is so paid in a due Course of Administration; and the same shall be so applied accordingly (for which Application the Admiralty may require such Security as they think fit): 100l. and no Widow, &c. (2.) Or |