made in the last Session of Parliament, for suspending the Operation of the said recited Act of the Forty third Year, and for continuing and amending all the recited Acts; and also another Act, made in the last Session of Parliament, intituled An Act to permit the Issue and Negotiation of certain Promissory Notes, under a limited Sum, by registered Bankers in Ireland, and to restrain the Issue and Negotiation of certain other Notes, shall, from and after the passing of this Act, be, and the same are hereby repealed, save and except so far as relates to the recovering any Penalty or Forfeiture incurred under the said recited Acts, or any of them, at any Time on or before the passing of this Act. II. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to render valid any Promissory or other Note or Undertaking in Writing, which may have been issued before the passing of this Act, and which, under the Provisions and Directions of the several Acts hereinbefore recited and repealed, or any of them, were or would have been null and void in case the said Acts had not been hereby repealed; any thing in this Act contained to the contrary notwithstanding. Act not to make valid Notes which would have been void by Acts repealed. Promissory than 20s. (I.C.) void. III. And be it further enacted, That all Promissory Notes or Undertakings in Writing, being negotiable or transferrable for any Sum or Sums of Money less than Twenty Shillings Irish Currency, or on which any Sum less than Twenty Shillings Irish Currency shall remain undischarged, which shall bear Date, or shall have been or shall be issued in Ireland at any Time after the First Day of January One thousand eight hundred and five, shall be, and the same are hereby declared to be absolutely null and void, and not to be negotiable or transferrable, any thing in any Act or Acts in force in Ireland at the Time of the passing of this Act, or any Usage to the contray notwithstanding; and the Per- Issuing them. son or Persons who shall have issued, or shall issue the same, shall forfeit the Sum of Ten Pounds Irish Currency for every such Note Penalty. or Undertaking so issued; and the Person or Persons who shall Negociating have given or taken, or shall give or take the same in Payment them. after the said First Day of January One thousand eight hundred and five, shall forfeit Double the Amount of each such Note or Penalty. Undertaking to any Person who shall sue for the same, and such Penalties shall be recovered before any One Justice of the Peace in Ireland, upon the Oath of One credible Witness, or on the Confession of such Offender; and in case the said Penalties and Forfeitures shall not be paid and satisfied upon such Conviction being made, it shall be lawful for such Justice of the Peace, by Warrant under his Hand and Seal, to cause the same to be levied by Distress and Sale of the Goods of the Offender, together with all Costs and Charges attending such Conviction and Sale, returning the Overplus (if any) to the Owner; and if such Offender shall not have sufficient Goods and Chattels to satisfy such Penalties, every such Offender shall be committed to the Common Gaol or House of Correction, by Warrant of such Justice, for any Time not less than One Month, nor more than Three Months, unless such Penalty or Forfeiture shall be sooner paid. IV. And be it further enacted, That any Memorandum, Ticket, Memorandums, Token, Draft, Certificate or Engagement, written, printed or en- &c. negociated, for Money, &c. graved 1 under 20s. deemed Undertakings in Writing. Act may be altered, &c. this Session. Postmasters cause Surveys and Maps to be made of the Post Roads in Ireland. graved on Paper, Card, Vellum or Parchment, being negotiable or transferrable, or which shall have been or shall be given, negotiated or transferred, with Intent to imply or to make a Promise or Engagement to pay Money or Value of any Kind, in Goods or otherwise, under the Sum of Twenty Shillings Irish Currency, or on which a less Sum than Twenty Shillings Irish Currency shall remain undischarged, shall be deemed an Undertaking in Writing to all Intents and Purposes whatsoever. V. And be it further enacted, That this Act may be altered, amended or repealed, by any Act to be made in this present Session of Parliament. CA P. XLII. An Act to extend the Provisions of an Act made in the last [Provisions of this Act extended, 48 G.3. c. 31. — 53 G. 3. CA P. XLIII. An Act to amend the Laws for improving and keeping in WHEREAS many Parts of the Roads in Ireland are too : narrow, hilly or otherwise inconvenient for the speedy 'Conveyance of His Majesty's Mails in Coaches or other Carriages And Whereas the Laws at present in force are insufficient 'for the effectually improving and amending the same;' Be it therefore enacted by the King'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, That His Majesty's Postmasters General for Ireland shall and they are hereby required to procure and employ, as soon as they conveniently can after the passing of this Act, proper and sufficient Persons to survey and make Maps of the several Lines of Road from Dublin to the extreme Post Towns in Ireland, in such Directions, and through such Post Towns as His Majesty's Mails now travel to and from Dublin, or as the said Postmasters General shall deem most expedient that the said Mails should travel through; and also to survey and make Maps of the several other Roads in Ireland on which His Majesty's Mails are now carried, or on which the said Postmasters General shall deem it expedient that the said Mails should be carried from Post Town to Post Town; and also to survey and make Maps of all such Alterations in any such Roads, by cutting off Angles, mark out a new one according Angles, or forming new Lines in lieu of the Whole or any Part or Parts of such Roads, as each such Surveyor so employed shall judge desirable for the Purpose of rendering the Way more level, or where it is sufficiently level, for the Purpose of shortening the Distance. II. And be it further enacted, That every Surveyor so to be Where road is employed, in all Cases where the present Road or any Part thereof inconvenient is not made in the most level or most convenient Direction, shall Surveyor to survey and make Maps of a new Line or Lines for a Road in lieu thereof; and that in no Part of any such new Line shall the Ascent to the Level or Descent of the Road when finished exceed the Rate or Proportion of One Foot in Height or Fall in each Thirty five Feet of the Length thereof, if the same be practicable, without causing such a great Increase of Distance as to delay considerably the Carriage of the Mails; and if the same be not practicable, then such Surveyor shall find out and survey the most practicable Line which shall be nearest in its Ascent or Descent to such Proportion of Height or Fall. herein specified. enter Lands and make Sur veys, &c. III. And be it further enacted, That it shall and may be lawful Surveyor emfor any such Surveyor so to be appointed by the Postmasters powered to General of Ireland, for the Purposes of this Act, and for any other Person or Persons employed for that Purpose, to survey and measure any Line intended for a new Road, or for the Alteration of any existing Road under this Act, and to enter on any Lands or Grounds, and to do all other Matters and Things necessary in the Execution of their Duty and Employment under this Act, without being deemed a Trespasser or Trespassers, and without being liable to any Obstruction whatever; provided such Person or Persons shall have a Certificate in Writing, under the Hands of the said Postmasters General, or under the Hands of any Two Justices of the Peace within the District, that such Surveyor or other Person or Persons is or are employed for that Purpose. IV. And be it further enacted, That in all Cases where any Part of any such new Line shall be proposed in any such Survey to be made through any House or Building, or Part of a House or Building, or through any Garden or Orchard made and planted before the passing of this Act, or through any Plantation inclosed and growing at the Time of the passing of this Act, every Surveyor shall in his Map of any such Survey mark the same distinctly, and also mark the most convenient and level Line which he can find for avoiding such House, Garden, Orchard or Plantation ; and in all Cases where the making a new Piece of Road in the Line which he shall think most eligible for the Carriage of the Mails, shall appear to him materially to prejudice any inclosed Demesne or Lawn planted at the Time of the passing of this Act, or to bring the Road inconveniently near to the Dwelling or Mansion House in any such Demesne or Lawn, every such Surveyor shall, in his Map of any such Survey, mark also the most convenient and level Line which he can find for the Purpose of avoiding such Prejudice or Inconvenience. Houses and Inclosures in be distinguished in the Map. V. And be it further enacted, That every such Surveyor shall Surveyors be sworn before he begins his Survey, to make the same without sworn. Fear, Favour or Partiality, to the best of his Opinion and Judg ment, according to the true Intent of this Act. 45 GEO. III. G VI, And Map of the Road and the Alterations proposed to be on the same Scale, and separate Maps for each Barony, &c. Expence of making Road to be annexed to the Map. Affidavits to be annexed to Estimate and Survey of the Propriety thereof. Surveys of Roads from Dublin, &c. to be first com pleted. VI. And be it further enacted, That the Maps or Surveys so to be made of the present Roads, and of the proposed Alterations therein, shall be laid down on the same Scale; and that for each Barony or Half Barony in the Line of any such Road, there shall be made separate and distinct Maps of such Parts of the said Roads as shall go through or be proposed to go through any such Barony or Half Barony respectively, on a Scale sufficiently large to give the most minute Information; and that where in any Map or Survey it shall be proposed, that any Ascent in any Part of the present existing Road, exceeding the Proportion of One Foot in Height or Fall to Thirty five Feet in Length, should be reduced, a Section thereof and of the proposed Reduction in Height, if any such be recommended, shall be included in or annexed to such Map or Survey, stating the Rate of Height or Fall to which the proposed Reduction will bring the Ascent on such Portion of the Road; and that wherever any Part of the existing Road which such Surveyor shall propose to retain is not of the Width of Forty two Feet in the Clear between the Ditches, Drains or Fences, on each Side thereof, the said Surveyor shall particularly specify the same in his Map or Survey, and mark the general Breadth thereof, and on which Side it can be widened most conveniently. VII. And be it further enacted, That every such Surveyor shall annex to each Map or Survey an Estimate of the whole Expence of making, forming and gravelling such Road through each Barony or Half Barony, and of making Fences to the said Road where a new Line of Road shall be proposed, and of widening to any Breadth not less than Forty two Feet nor more than Fifty Feet, such Parts of any Road as may require widening, which such Surveyor shall propose to retain, and of effectually repairing all such Parts of the existing Road as are to be retained, and of making Footpaths to the new Line, as well as to the Parts of the Road which are to be retained; and of reducing all such Ascents in any Road, as such Surveyor shall propose to reduce therein; and of building or repairing all such Bridges, Gullet Arches or Pipes, and all such Walls necessary to support the Road, or to protect Passengers, as such Surveyor shall deem requisite to be built or repaired. VIII. And be it further enacted, That there shall be annexed to every such Estimate, an Affidavit of the Surveyor, or of Two credible and experienced Persons, that the Sum contained in the Estimate is a reasonable Charge, and is the least for which the Work can be effectually and substantially executed to the best of his or their Judgment; and that every such Surveyor shall also annex to his Map or Survey, an Affidavit sworn by him, that any Alterations in the existing Road recommended by such Surveyor in such Map or Survey have been proposed by him as the most advisable in his Judgment, agreeably to the Intent of this Act, between the Points therein stated; due regard being had to the most level and practicable Line, without occasioning such an Increase of Distance as might be productive of Delay to the Carriage of the Mails. IX. And be it further enacted, That the Surveys, Maps and Estimates of the Roads, or such Parts thereof as come within the Provisions of this Act, from Dublin direct to the extreme Post Towns, and from Waterford to Cork and Limerick, and from Do Notice posted Houses of Places through which Roads pass, specifying Particulars, before Maps and Estimates are laid before Grand Jury. Donaghadee to Londonderry, shall be finished and completed in Surveyors to attend Assizes and be examined by Grand Juries. X. And be it further enacted, That the several and respective Surveyors who shall have been respectively employed by the Postmasters General in making any Survey under this Act, shall attend at such Assizes or presenting Term respectively, and shall be examined upon Oath before the Grand Jury thereat, as to such Matters or Opinions concerning any such Road respectively, or any proposed Alteration thereof, and concerning the several Estimates relating to the same, as such Grand Jury shall think proper; and that upon such Examination such Grand Jury shall proceed to consider the Whole of such Surveys, Maps and Estimates; and if they shall be of Opinion that the Road and the Alterations thereof, as pointed out and recommended in any such Survey, is in the most convenient and practicable Direction between the Two Post Towns therein mentioned, they shall present the same to be the Road between such Two Post Towns; and at the same Time they shall present all the new intended Part thereof, to be laid out, and Expence raised marked and levelled, and shall present all Sums of Money necessary on County. for laying out the same, including the Expence of marking and levelling, to be raised off the County at large. XI. And be it further enacted, That if any Grand Jury shall upon any such Examination as aforesaid, be of Opinion that the Road between any Two Post Towns can be carried in a more convenient Direction, equally or more level, and not exceeding in Length or Expence the Road pointed out in any such Survey, it shall and may be lawful for such Grand Jury to state such their Opinion in Writing, with any Reasons or Observations which they may Grand Juries on approving Plans to present Road accord ingly. If Grand Jury disapprove proposed plan of Road, a new made before Survey to be next Assizes, at which Road |