Public Works Loans Act, 1888

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PUBLIC WORKS LOANS ACT 1888

CHAPTER XXXIX.

An Act to grant money for the purpose of certain Local Loans; and for other purposes relating to Local Loans.[¹] [13th August 1888.]

[Ss. 1–3 rep. 8 Edw. 7. c. 49 (S.L.R.).]

Extension of 50 & 51 Vict. c. 33. ss. 24–27 as to commencement of reduction of annuity.

4. [Preamble recites that doubts have arisen as to how far the reductions mentioned in ss. 24, 25, and 27 of the Land Law (I.) Act, 1887, extend.]

The provisions of the said sections shall extend to the reduction of the annuity, annual amount, and interest therein mentioned in respect of all sums accruing due and payable on the gale day next after the passing of that Act.

Effect of certificate of apportionment of improvement charge under 50 & 51 Vict. c. 33. s. 15.

5. Where land sold under the Land Law (Ireland) Acts as defined by the Land Law (Ireland) Act, 1887, is subject with other land to any land improvement charge or drainage charge created in respect of a loan made by the Commissioners of Public Works in Ireland, and those Commissioners have duly apportioned the charge between the land sold and other land, they may by the certificate setting forth the apportionment, or any other certificate, certify the amount of the original loan, the amount apportioned, the annual amount of rentcharge payable under the apportionment, the land charged with that amount, and the amount due in respect of the charge, and that certificate shall be conclusive evidence of the apportionment and of the matters so certified.

Apportionment of land improvement and drainage charges.

10 & 11 Vict. c. 32.

5 & 6 Vict. c. 89.

26 & 27 Vict. c. 88.

6.—(1) Where land is subject to any land improvement charge or drainage charge, the Commissioners of Public Works in Ireland, may, on application being made to them in writing by the owner of the land, or of any part of the land, or, in the case of land subject to a drainage charge, on the application of the drainage board of the district in which the land is situate, or, if they think fit, without any such application, apportion the charge between different portions of the said land, and may issue under their common seal a certificate setting forth such apportionment.

(2) Upon any apportionment being made under this section, so much of the charge as is apportioned to each portion of land shall alone be deemed to be charged upon that portion.

(3) An apportionment under this section shall not be made without the previous consent of the Treasury.

(4) For the purposes of this section—

The expression “land improvement charge” includes any charge for land improvement loans payable to the Commissioners of Public Works in Ireland under the Landed Property Improvement (Ireland) Act, 1847, and the Acts amending the same:

The expression “drainage charge” includes any charge for drainage loans payable to the said Commissioners under the same Act and Acts amending it, or under the Drainage (Ireland) Act, 1842, or any subsequent Act; and also any charge payable to the drainage board of a drainage district under the Drainage and Improvement of Land Act (Ireland), 1863, and the Acts amending the same:

The expression “owner” in relation to any land includes any person who, for the purposes of any of the said Acts, is deemed to be owner or proprietor thereof.

The expression “drainage board” includes the drainage board or trustees of a drainage district constituted under any of the said Acts.

Effect of certificate by Public Works Commissioners in Ireland.

7. A certificate purporting to be under the common seal of the Commissioners of Public Works in Ireland shall be evidence that any sum stated therein to be due to those Commissioners from any person named therein is so due, and that any sum stated therein to be due to the Commissioners and to be charged on any property named therein is so charged.

Isle of Man Loans.

43 & 44 Vict. c. 8.

24 & 25 Vict. c. 47.

8. [Preamble recites the Isle of Man Loans Act, 1880.]

(1) The power of borrowing under that Act for harbour purposes shall include the powers of guaranteeing the repayment of any loan to be made to the Isle of Man Harbour Commissioners, under the Acts of Parliament relating to those Commissioners, and of giving the security mentioned in the Isle of Man Loans Act, 1880, as collateral or additional security to the security to be given by the said Harbour Commissioners for any such loan.

(2) The Government of the Isle of Man shall be deemed to be a harbour authority within the meaning of section three of the Harbours and Passing Tolls, &c. Act, 1861.

Short title.

9. This Act may be cited as the Public Works Loans Act, 1888.

[Sched. rep. 8 Edw. 7. c. 49 (S.L.R.).]

[¹ Short title, “The Public Works Loans Act, 1888.” See s. 9.]