DEED: 1849-8-27

 

To the Register appointed by Act of Parliament for registering
Deeds Wills, and soforth, in Ireland.

 

AWARD

OF THE

COMMISSIONERS OF PUBLIC WORKS IN IRELAND,

Under the 10th Vic., Chapter 10, and 11th and 12th Vic., Chapter 106.

 

To all to whom these presents shall come, we Richard Griffith and Thomas A. Larcom Esquires, two of the commissioners of public Works in Ireland send greeting:

 

Whereas by an act passed in the 10th year of the reign of her Majesty Queen Victoria, intitled “An Act to render valid certain proceedings for the relief of distress in Ireland by employment of the laboring poor and to identify those who have acted in such proceedings,” after reciting an Act passed in the then last session of Parliament, intitled “ An Act to facilitate the employment of the laboring poor for a limited period in the distressed districts in Ireland," and that by reason of the increase of distress in Ireland it became necessary to provide further means of employing the laboring poor, and thereupon the Lord Lieutenant of Ireland, on the fifth day of October then last, by a certain letter written and signed by his direction by the chief Secretary to the Lord Lieutenant, and address to the Chairman of the Commissioners of Public Works in Ireland, announced that he would sanction Presentments that should be made at any sessions held under the said act, for works of a reproductive character and permanent utility, subject to the regulations specified in the said letter in the same manner as if they had been strictly public works, and presented as such in the manner required by the Act of 9^th  and 10^th  Victoria, therein mentioned, and after reciting further as therein and amongst other things, that divers persons representing themselves to be Proprietors of Lands within the terms of an Act passed in the 6^th year of the reign of her Majesty, intitled “An Act to promote the Drainage of Lands and Improvement of Navigation and Water Power in connection with such Drainage in Ireland,” and divers other persons representing themselves to be agents[1] of, and acting for and on behalf of such proprietors, had as such sessions applied for and obtained Presentments for Works of Drainage or Subsoiling of Lands, and had given undertakings agreeing that so much of the monies for which such Presentments were made as should, by an award be made by the Commissioners of Public Works in Ireland, or any two of them, appear to have been expended upon the land specified in the said undertakings respectively, with Interest thereon at the rate of Three pounds Ten shillings per centum per annum, should be a charge on the said Lands exclusively, and should and might be levied out of the same exclusively, and that such undertakings had in many cases been accepted and acted upon by the said Commissioners of Public Works.  It is enacted, that all undertakings which had been, or should be so accepted and acted upon, and all Presentments for Works mentioned and referred to in such undertakings respectively, made any Sessions called and held before the passing of the now stating Act, under the provisions of the said recited Act (of 9th and 10th Victoria), in whatever form, or at whatever time or time such undertakings, respectively, might have been made, or should be so given or accepted and acted upon, and in whatever form, or at whatever time or times such Presentments, respectively, might have been made, should be ratified and confirmed to all intents and purposes, and that such undertakings respectively, should be valid and binding upon the person or persons respectively, giving the same, and upon the lands there in respectively specified, and that the money mentioned in any such undertaking, or so much thereof as by awards to be made by the said Commissioners of Public Works, or any two of them, and which said award the said last mentioned Commissioners, or any two of them were thereby authorized and required to make, should appear to have been expended upon any of the lands specified in any such undertaking should be a charge on the lands specified in such undertaking an award, and the money mentioned in any such award, with interest thereon at the rate of Three pounds Ten shillings per centum per annum, should be charged upon, raised, and levied from out of the lands so specified in such award, and should be payable at the time or times appointed in such award by the person or persons who, under the provisions of the said act passed in the 6^th year of the Reign of Her present Majesty, and of the several Acts for the amendment thereof, would be liable for the repayment of the same, provided the same had been expended and charged on the said Lands for Works of Drainage, executed under the provisions of the said last mentioned Acts, and should be raised, levied, and recovered by such persons as the Commissioners of the Treasury should from time to time appoint, in the same manner, and by the like remedies, and with the like powers and authorities, and subject to the like provisions as by the said last-mentioned Acts is provided for the recovery of money for Works of Drainage, as far as the same may be applicable for the purposes of the now stating act: And Whereas, by an Act passed in the 12th year of the Reign of Her said present Majesty, intitled “An Act to amend an Act of the 10th Year of Her present Majesty, for rendering valid certain proceedings for the Relief of Distress in Ireland by employment of the Laboring Poor, and to identify those who have acted in such proceedings;” after reciting therein, it is, (amongst other things,) enacted that the Lands specified in that behalf in every such award, should, from and after the registry thereof, become, and the same are thereby charged with the amount mentioned in such award, with interest thereon at the rate of Three pounds Ten shillings per centum per annum, such Interest to be calculated from the Tenth day of October, One Thousand Eight hundred Forty-seven, and to be payable by Half-yearly installments on the days and times in such award mentioned.  And whereas an Extraordinary Presentment Sessions was on or about the Seventh day of December 1846 held at Balinamore in the County of Leitrim for the Barony of Carrigallen and at such Presentment Sessions, several undertakings for the purposes hereinbefore mentioned, were given by and on behalf of several Proprietors of Lands in said Barony, and amongst others and undertaking by or on behalf of the Proprietor named in the Schedule hereunto and next.  And whereas in pursuance of such undertaking a Presentment was applied for and granted for the sum of Fifty pounds Sterling to be expended in works of Drainage and Subsoiling the lands mentioned in the Schedule hereunto annexed.  And whereas the sum of Forty seven pounds Three Shillings and Eleven Pence Sterling being part of the sum so presented for was advanced and expended on such Drainage and Subsoiling said Lands.  Now know ye that we, Richard Griffiths and Thomas A. Larcom Esquire's two of the Commissioners of Public Works in Ireland, do hereby in pursuance of the powers and authorities in us vested by the said Acts, award, order, adjudge, and declare that the said sum of Forty seven pounds Three Shillings and Eleven Pence Sterling was advanced and expanded on the Drainage and Subsoiling of the lands specified in said undertaking and in the Schedule hereunto annexed.  And we do further award, order, and adjudge, that the said sum of Forty seven pounds Three Shillings and Eleven Pence Sterling shall be, and the same is hereby declared to be a charge on the said lands in said Schedule mentioned.  And we do further award and declare that the said sum of Forty seven pounds Three Shillings and Eleven Pence Sterling (with interest as here in after mentioned,) shall be raised and levied from and out of the Lands mentioned and specified in the Schedule hereunto annexed and shall be payable at the time and times following, that is to say, by Half-yearly Installments of Two pounds Seven shillings and Two pence each to be paid on the fifth day of April and Tenth day of October in each and every year, together with interest on said Sum of Forty seven pounds Three Shillings and Eleven Pence Sterling (or on such part thereof as shall from time to time remained due and unpaid,) at the rate of Three pounds Ten shillings percent percent, per annum, such Interest to be calculated from the Tenth day of October, One Thousand Eight Hundred Forty-eight, until the entire of the said sum of Forty seven pounds Three Shillings and Eleven Pence Sterling with interest as aforesaid shall have been fully paid off and discharged, the first of said payments on account of Principal and Interest to be paid on the Tenth day of October, One Thousand Eight Hundred Forty-eight.  And that same shall be payable by the person or persons who under the provisions of said Act passed in a 6^th year of the Reign of Her present Majesty, intitled, “An Act to promote the Drainage of Lands and Improvement of Navigation and Water Power in connection with such drainage in Ireland," and of the several Acts now in force for the amendment thereof would be liable for the repayment of the same as if the said sum had been expended and charged on the said lands for works of Drainage, under the provisions of said last mentioned Acts.  And we do hereby declare the Schedule hereunto annexed shall be deemed and taken to be part of this our award.

In witness whereof we have here onto set our Hands this 29th day of September in the year of our Lord One Thousand Eight hundred Forty-eight.

R. Griffiths

Thomas A. Larcom

Two of the commissioners of Public Works in Ireland

 

Signed in presence of us

E. Mulvihill

L. Hamilton

 

SCHEDULE REFERRED TO IN THE FOREGOING AWARD, AND FORMING PART OF THE SAME.

Name of Proprietor	Lands Charged	Barony in which Lands are situate	County in which Lands are situate
David Jackson of Aughavilla in the County of Leitrim Esquire	Townland of Aughavilla	Carrigallen	Leitrim

 

R. Griffiths

Thomas A. Larcom

 

County of Leitrim

LABOUCHERE DRAINAGE

10^th Vic., Chap 10, and 11^th & 12^th Vic Chap 106.

DUPLICATE AWARD

OF THE

COMMISSIONERS OF PUBLIC WORKS IN IRELAND,

IN THE CASE OF

David Jackson Esq.

Aughavilla.

The within named Edmund Melvihill maketh oath and saith, that he is a subscribing witness to the Award, of which the within writing is a Duplicate, and also to the within Duplicate Award; and saith that he saw Richard Griffith and Thomas A. Larcom Esquires two of the Commissioners of Public Works in Ireland, duly sign said Award and Duplicate; and saith the name E. Mulvihill Subscribed as a witness to the execution of said Award and Duplicate is this Deponent's proper name and handwriting; and saith he delivered said Award and Duplicate to T.V.  Fitzpatrick Esq.., Assistant Register, at the Registry Office, Kings Inns, in the City of Dublin, at the hour of 10 o'clock in the forenoon of Thursday the fifth day of April One Thousand Eight Hundred and Forty eight Nine.

 

Sworn before me this fifth day of April 1849 at the registry office, Kings Inns, in the City of Dublin.

 

1 Grantor. 

            Denominations.

            Folios, and no more. 

                        For Alex.  Stewart.