Public Works Loans Act, 1883

PUBLIC WORKS LOANS ACT 1883

CHAPTER XLII.

An Act to grant Money for the purpose of Loans by the Public Works Loan Commissioners and the Commissioners of Public Works in Ireland and the Irish Land Commission; and to amend the Acts relating to the said Commissioners, and for other purposes. [25th August 1883.]

Short title.

1. This Act may be cited as the Public Works Loans Act, 1883.

Citation of Acts.

38 & 39 Vict. c. 89.

39 & 40 Vict. c. 31.

42 & 43 Vict. c. 77.

44 & 45 Vict. c. 38.

45 & 46 Vict. c. 62.

2. The Public Works Loans Act, 1875, the Public Works Loans (Money) Act, 1876, the Public Works Loans Act, 1879, the Public Works Loans Act, 1881, and the Public Works Loans Act, 1882, may be together cited as the Public Works Loans Acts, 1875 to 1882.

[Ss. 3–6 (being Parts I.–III.) rep. 61 & 62 Vict. c. 22 (S.L.R.)]

PART IV.

Provision as to certain Loans.

[S. 7 rep. 61 & 62 Vict. c. 22 (S.L.R.)]

Provision as to Athlunkard Bridge, Limerick.

8. (1.) [Power for Commissioners of Public Works in Ireland to make an order remitting advance in aid of the building of Athlunkard Bridge beyond £6,000 rep. 61 & 62 Vict. 22 (S. L. R.)] The said order may declare that Athlunkard Bridge shall, as from the date specified in the order, be free from toll, and be vested in the Corporation of Limerick for the use of the public, and thereupon, as from the date specified in the order, the said bridge shall be free from toll, and it shall be the duty of the Corporation of Limerick to maintain the bridge and the roadway thereof and the approaches thereto in good repair and condition.

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(11.) The Corporation of Limerick may, by a resolution of the council, undertake to hold for the use of the public the Athunkard Bridge and the approaches thereto, and to maintain the same in good and sufficient order, repair, and condition, and to light the bridge and approaches in a sufficient manner.

(12.) The Corporation of Limerick may, by a resolution of the council passed within six months after the making of any grand jury presentment under this section, undertake to pay to the Commissioners of Public Works in Ireland such portion of the said sum of six thousand pounds (if any) as is not charged on the county of Clare in pursuance of this section, and thereupon the said portion shall be charged on and payable out of the borough fund and general purposes rate of the said corporation by fifty equal half-yearly instalments, beginning at the expiration of three months after the date of the resolution, or at any other date mentioned in the resolution, not later than four months after the date of the resolution, with interest on the unpaid portion at the rate of three and a quarter per cent. per annum, and the Commissioners of Public Works in Ireland shall have the same remedy for enforcing such payment as they would have if a mortgage of the said fund and rate had been made to the said commissioners for securing the same.

(13.) The expenses of the Corporation of Limerick incurred in pursuance of this section may be defrayed out of any moneys or rates applicable for the purpose of maintaining or lighting the roads in the city of Limerick, as the case may be, but nothing in this section relating to the maintenance and lighting of the said bridge, and the roadway thereof and approaches thereto, shall diminish any liability of the borough fund or general purposes rate to pay the sums due to the Commissioners of Public Works in Ireland.

Period for repayment of loan for rebuilding Green Street court house, Dublin.

9. In case the Commissioners of Public Works in Ireland advance a loan for the purpose of building a new court house in lieu of the existing court house in Green Street, Dublin, the period for repayment of any such loan or any instalment thereof may, notwithstanding anything in the Acts relating to loans by the said Commissioners, be such period not exceeding forty years from the date of the loan or instalment as the said Commissioners, with the consent of the Treasury, determine.

[S. 10 rep. 61 & 62 Vict. c. 22 (S.L.R.)]

Amendment of Acts.

Recovery of charges under 45 & 46 Vict. c. 47. s. 16.

44 & 45 Vict. c. 49.

45 & 46 Vict. c. 62.

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(2.) Where any advance has been made or shall hereafter be made pursuant to section sixteen of the Arrears of Rent (Ireland) Act, 1882, and where any holding has been or shall hereafter be charged with a rentcharge in repayment of any such advance, each such rentcharge shall be collected directly by the Irish Land Commission, and the payment thereof may be enforced in the same manner in all respects as if such rentcharge were an annuity in favour of the Irish Land Commission in repayment of an advance for the purpose of supplying money for the purchase of a holding pursuant to section twenty-eight of the Land Law (Ireland) Act, 1881, save only that section ten of the Public Works Loans Act, 1882, shall not apply to any rentcharge levied and collected pursuant to this present enactment :

(3.) Provided always that nothing herein contained shall prejudice or affect the provisions of the said section sixteen of the Arrears of Rent (Ireland) Act, 1882, with respect to the power of the county court to order a sale of the tenancy on such default and such application as therein mentioned, nor the provisions as to the proceedings consequent on such sale, nor as to the contingent liability of the landlord, nor with respect to the transfer of the tenants’ interest by sale, all which provisions shall remain in full force and effect.

Repayment of advances under 40 & 41 Vict. c. 27. s. 3.

12. [Repeal of part of 40 & 41 Vict. c. 27. s. 3.] Any such advance as in section three of the Public Works Loans (Ireland) Act, 1877, mentioned, and the interest thereon, shall be repaid within such period, commencing either from the date of such advance or from the date of the completion of the works for which such advance is made, as the Treasury by order from time to time fix, so that the said period do not in any case exceed twenty years, or any less term fixed by the Acts referred to in the said section.

Provision for recovery of money due to Commissioners from grand jury.

13. (1.) Where any sum is payable to the Commissioners of Public Works in Ireland by a county or any part thereof on account of any advance made or expenses incurred by or under the authority of the said Commissioners in pursuance of this Act or of any Act passed either before or after the passing of this Act, and such sum is payable by instalments, the said Commissioners shall not be required to issue a separate certificate for the recovery of each of such instalments, but they may, at any time or times after the making of such advance or the incurring of such expenses as aforesaid, send to the secretary to the grand jury of such county a certificate or certificates specifying the whole or any part or parts of the sum so payable; and any such certificate shall also specify the amount (including principal and interest) of each instalment payable by such county or any part thereof in respect of the sum specified in such certificate, and, as nearly as may be, the time at which each such instalment will be due.

(2.) Any such certificate shall, until the contrary is proved, be conclusive evidence of all matters necessary to authorise the making of it.

(3.) Upon any such certificate being sent to the secretary to the grand jury, the grand jury at the next and every succeeding assizes or presenting term, until the sum therein specified as aforesaid has been fully paid, shall, without any previous proceeding at any presentment sessions, present the amount required for the payment of any instalment of the said sum for the time being due or falling due before the then next assizes or presenting term, as specified in the said certificate; and if such grand jury make default in presenting such amount as aforesaid, the judge of assize or the High Court of Justice shall order such amount to be raised, and such order shall have the force of a presentment, and such amount shall be applotted and raised and levied accordingly as if the same had been inserted in a presentment duly made at such assizes or presenting term.

The secretary to the grand jury shall, within one month after the date of any such presentment or order as aforesaid, send notice thereof to the said Commissioners, and every sum raised in pursuance of any such presentment or order shall be paid into the Bank of Ireland to the account of the said Commissioners or in such other manner as the Treasury from time to time direct

In this section—

The expression “county” includes a county of a town and city, and a city or town and county :

The expression “grand jury,” as regards any borough of which the council is authorised by law to make presentments, includes such council, and the expression “secretary to the grand jury,” as regards any such town council, includes the town clerk.