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As to Expences of preliminary Proceedings.
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XXXIX. And be it enacted, That in every Case where any such final Notice shall be published as aforesaid all the Costs and Expences of the preliminary Proceedings herein-before directed to be taken shall be considered as Expences incidental to the Execution of the Works proposed to be executed, and shall be defrayed accordingly, and the Sum of Money (if any) deposited by or on behalf of the Person by or on behalf of whom such Memorial as aforesaid shall have been presented shall be repaid to such Person, without Deduction, out of any Monies which shall be raised by the said Commissioners under the Provisions herein-after contained; but if in any Case the said Commissioners shall determine that it is inexpedient to drain or improve the Land or Navigation of the River referred to in any such Memorial, or if the necessary Assents herein-before required to be obtained shall not be given to the Execution of the proposed Works, then and in any such Case all Expences which shall have been incurred shall be defrayed out of the Sum of Money which shall have been deposited with the said Commissioners under the Provisions in that Behalf herein-before contained; and if such Sum of Money shall be insufficient to pay such Expences, then the Balance thereof shall be paid by the Person who shall have presented such Memorial as aforesaid, and the same shall be recoverable from such Person by the said Commissioners, by Civil Bill or by Action or Suit in any of the Superior Courts in Dublin; and in all Cases where a Memorial shall have been presented by the Secretary by Order or on behalf of the Grand Jury of any County, the said Commissioners shall transmit to the Secretary of such Grand Jury a Certificate specifying the Amount of Expences which shall have been incurred as aforesaid, and the same shall be paid out of the Sum which shall have been deposited on behalf of such i Grand Jury; and if such Sum so deposited shall be insufficient to pay such Expences, then the Balance thereof, as stated in such Certificate, shall be presented by the Grand Jury at the next Assizes to be holden subsequent to the issuing of such Certificate as aforesaid for the same County; and in default of such Presentment being made at such Assizes the Court at such Assizes or any subsequent Assizes shall order such Amount to be raised off such County, and such Order shall have the Force of a Presentment, and the Treasurer of such County shall insert the Amount specified in such Order in his Warrant, and the same, shall be applotted, raised, and levied as if the same had been duly presented, and shall be paid by the Treasurer of such County to such Commissioners; and in case the Sum deposited with the said Commissioners by any such Person, or by or on behalf of any Grand Jury as aforesaid, shall be more than sufficient to defray the Expences aforesaid, then the Surplus shall be repaid to the Person, or to the Treasurer of the Grand Jury, by whom or on whose Behalf the same was deposited with the said Commissioners, and such Treasurer shall keep a separate Account of the Monies so returned to him as aforesaid.
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