Note 46 — VII.—RECOGNISED PRINCIPLES OF LEGISLATION AND STATE OF THE EXISTING LAW FOR THE PROTECTION OF THE PUBLIC HEALTH. (continued 2)

By the statute of 1 and 2 Wm. IV. c. 57, power was given to undertakers to contract for the improvement of land in Ireland, on condition that they should receive a profit which was in no case to exceed 15l. per cent. on the outlay. The undertakers, on the consent of two-thirds of the proprietors or of the lessees, were to apply to the Lord-lieutenant for a commission. Individual proprietors or lessees, not exceeding six in number, upon receiving the assent of two-thirds of the proprietors or lessees, might also apply for a commission. To the reason above assigned for the failure, these must be added—that the machinery of the Act is considered complicated; that it nevertheless contained no provisions for ascertaining boundaries, without which in Ireland it would be unsafe to raise any annuity upon the lands; that the mode of repayment, i. e., that if the landlords did not within a certain time pay the gross sum assessed, the undertakers were entitled to a redeemable annuity upon the lands drained; but there was no provision to compel the landowners to pay the gross sum, and the annuities might be small and numerous.