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Apportioned Expences to be charged on Lands.
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CX. And be it enacted, That the respective Sums of Money which, by the Award of the said Commissioners, shall be specified as the Proportions or Contributions payable, in respect of the several; Parcels or Portions of the Land drained or improved by Drainage or by any Works under this Act, towards the total Amount of the Sums expended in and about such Drainage or Improvements as aforesaid, with Interest for such respective Sums of Money, at the Rate not exceeding Five Pounds per Centum per Annum from the Date of such Award, shall be charged on such several Parcels or Portions of the Land so drained or improved as aforesaid, and that in preference to and with Priority over all Incumbrances on such Land; provided nevertheless, that any Quit or Chief Rent issuing thereout, or other Incumbrance thereon, previously to the Date of the said Award, shall have Priority to such Charges, to the Extent of the Value of such Land before the Improvements were effected, but no further; and the same respective Sums of Money, with such Interest for the same as aforesaid, shall also be charged upon so much of any other Land situate within One Mile of any Part of the Lands so drained or improved, and settled, with the Land so drained or improved, to the same Uses, Intents, and Purposes, by virtue of Limitations contained in the same Instrument or the same Set of Instruments, as the said Commissioners shall by the said Award, or any Instrument under their Hands and Seals, and enrolled in the said Rolls Office, direct, limit, and appoint, having regard to the Sufficiency of the said Lands to satisfy and secure the Charge thereon, but subject as to such other Land to the full Amount of all Incumbrances affecting the same prior to the Date of the said Award: Provided always, that if at any Time previous to the issuing of the final Notice by the said Commissioners herein-before directed to be given in the Dublin Gazette, and otherwise, any Proprietor of Land situate within the Limit aforesaid of the Land so drained or improved, and which Land would, under the Provisions herein-before contained, become chargeable with any Portion of the Expences of such Improvement, shall prefer to give other Security satisfactory to the Commissioners in lieu of the Land so liable together with the Land so drained, that then and in such Case the said Commissioners shall accept such Security, and thereupon the other Land of such Proprietor not so drained or improved shall stand freed and discharged from all Liability to any Portion of the Expence of such Improvement.
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