The Express.
London, England, 1847-01-19 00:00:00

THE EXPRESS, TUESDAY EVENING, JANUARY 19, 1847•

TIIE DRAINAGE ACT OF fern & lord VICTORIA.
Our attention has been directed to this Act and its conwnneneen by an intelligent solicitor, who observes:
"You would afford valuable information to a very large portion of One polite giving, in your quotation front the London
Gne. tie, the applications to the Inelosure Commissionerfor Inane of money under this act. The act provides no other
notice than the Gazette to mortpgees and others Instill,
Amur' on lands, who may he seriously affected by the operation
of the act, which gives priority over them to money borrow, d under it ; and, of course, not one in 500 of those persons
reads the Gazette." The necessity, under these circumstances, of more extensive publication is obvious ; end we shall mu-
ply with the euggestione of our correspondent, and hereupon give the particular. In the meantime, we think it advitsable
to give an abstract of the act,
end the names of all parties m the three kingdoms who have taken advantage of it.
The Drainage Act of the last session of revilement (9 and 10 Viet., c. 101) woe pawed to authorise an ad noon' of public
money to improve land in Great Britain end It land by works of drainage. It authorises the 'freasury, on the application
of
Commissioner), to advance out of the Consolidated Fund, or by Exchequer Bills, a sum not exceeding 2,000,0001. fur
Great Britain,
and 1,000,0001. for Ireland. to be applied to this pnrposte. Before the advances of money are made the
works proposed are to be sanctioned by the Treerurv. The Inclosure Commiisiouers under 8 and 9 Viet., c. 118, are to be
the commissioners under this act in Great Britain, with power to appoint and remove assistant commissionerand
surveyors; and all allowances end ex
sinners of Public \Yorks caper-sea are to he regulated by that statute : while the commis-
in Ireland are to aint officers for the execution of this act in that country.
An inspection is to be made by
an assistant commitesinn,ppo r or surveyor, who is to report his opinion whether the proposed
drainage will effect an improvement its the annual value of the land exceeding the yearly amount charged on is for the re-
payment of the advance made. If the commissioners think an advance expedient, they may issue (with the sanction of the
treasury) a provisional certificate, which shall declare that the works have been executed in a durable and suistantial man-
ner, according to the plans of their engineers or survevors, and certify their opinion that such an advance of the actu el ex-
penses of the drainage than be made (not exceeding the whole amount required) as they shall recommend ; and when it is
shown to them that part of the works are executed they will certify an advance on neeount in respect of the works
so completed, not exceeding two-thirds of the sum actually expended. Before, bower, r, the provisional certificate is
issued, two months' notice of the application must be given by advertisement, in two nucresive week.,
in some newspaper circulating in the district where the lends are enuated, and in the Gazette, to es
to enable any person having an estate or char e on the land to dissent in writing to the application, nor can any rec-
tifies., issue until such dissent is withdrawn, or an ord r authorising the applicant to procure an advance be m ode by the ad-
vance Courts of Chancery in England and Ireland, and the Court of Session in Scotland ; and the owners are authorised
to make application for such an order, and the ropy of the petition to these courts must be served on the person dissenting
fourteen days before the hearing of the application. But no order of court is neceesary unless dissent shall have been
nified within the two months in which notice in given by advertisement. In the eate of glebe lands, the consent of the patron
nr ordinary is necessary. AU guardians, trusts en, committees of lunatics, curatorsof m weird women. executors, admini teeters,
he., are empowered to make such applicatnns for advances in their official character as ii the estates were vested in them in
their own eght ; but they are not obligee] to signify dissent to any sitptication, or be in any wise to pensible 'or the con-
s quences of such u policetion or the charge made toe account of it When the c imenistioners are satisfied that the works
have been duly lief:teed thy are tc forward a o rtilictte to the treasury recommending an advance of money on account
for the expense Ill.tUfl lv incurred, eating the 1 old on which the advance is to he mane; a duplicate of which certificate is
to be given to th- owner of the land, and the Comptroller-General of 'he Exchequer shall issue Exchequer bit's on the
wale of which the Banks of Eng and and Ireland will bo ordered to pry the sums in question to the parties spice. ed.
In Ireland the reports of surveyors &e., and the certificate must seecify eh • denomination of the lands, a..d in what
barony and county they are sitnate, and a memorial of the certificate is to he registered in the Register-office, Dublin.
The commissioners are empowered to nen Exchequer bills issued for their acconnt and place the produce to the drainage
advances and repayme t account in the Banks of England and Ire'and ; and an account of all advances to be pt by the
eommissionere of stamps and tours. de'it:na the 'and on which it is edvaneed with the 'mount, and crediting it by such
ientehargeao shall from time to time he received. A rent.eherre (481. 10s , payable in 22 years, is to be charged fur
every 100/. advanc-d, which is to be recoverable by the commissioners of stamp, and thew in the same manner as the
rent-charge in lieu of tithes is recoverable under the Tithe Commutation Act (8 and 9 Wil. IV. c. 71) in E, gland and
in Ireland in the same manner as tithes are recoverable under the set for abolishine compositions IV.,
tithe; and substituting
rent-charges far them (1 and 2 Vie., c. 109), while in Scotland they may be r covered in the same manner as ft wiliities
or
rent, or otrer payments payab'e to the Queen are recovered, but subsequent in ceder of charge to such feu-duties. The
advances under this act are not to ha construed as a contravention of any condi-inns of entail of estates in Sc-,tland ; nor
is the rent charge to be considered such en incumbrance as to preclu ietrnstees from inveoting money held by them intrust
in the mortgage or purchase of the land so charged Tenants for life, and other., having limited interest,' in the land
charged, are bound as between thernee'ves, and parties entitled in remainder or reversion, to pay the rent-charges during the
continuance of their interest, and pert of the half year due next before its terminetion,—ant au-h pennons are
to maintain the drains and out-falls, and in case of neglict are liable to an action for waste at
the suit of the person next entitled. Any tenant or occupier of land to bo improved may agree to
pay the rent-charge or any part of it, and deduct the amount from the rent to be paid by him, and
if the tenant or occupier thinks fit, the proportion of the rent-charge to be paid by him may be settled by the commis-
sioners, who shall give a certificate of such arrangement, a copy of which is to he deposited with clerks of the peace for
counties, and another to be delivered to the tenant, with a notice requiring that. if he objects to it, he must give notice of
his objections within three weeks of the service, at such place as the notice of the commissioners directs, and one of the
commissioner will attend at the time and place specified in a month afterwards, examine into the objection, and settle and
• ign the certificate, which is then final as regards the proportions to be paid by the tenant. The rent-charges are to be
collected by the collectors of the Land and Assessed Taxes in Great Britain, and of Excise in Ireland.
Where there are separate farms on the land charged, or it has become the property of separate owners, or is held under
different titles, or for distinct interests, the commissioners have power so to apportion the rent-charges that they may b,
charged on each separate farm, &c., but so that no rent-charge shall be less than 20s ; and the commissioners are to
tran.mit their order of apportionment to the commissioner of stamp+ and taxes, on collectors of excise, that they mar
be levied accordingly. Any landowner may, within twenty year., redeem his rent-charge (ant being less than 101.
annually), by payment of the aggregate amount of the heltyearly payments not due, a discount of 31. 10s. being allowed ;
and the commumoners shall give a certificate of such red mption. Such monies are to be paid to the Receiver-General, to
be applied in the same manner as the other rent-charges. The Treasury are to cause tables of rates of redemption
to he framed.
The commissioners are anthorieed to make an order for the repayment, by the owner of land, of the expenses of the
investigation of an application for advance of money and the itemection of the progress of the works, which has been
previbualy paid by them, at ouch time and in such manner as they may direct. No bond or other security given to the
commissioners is to be liable to stamp duty. The commissioner and the Receiver General
.of Stamps and Taxes are
required to make up an annual account, to the 31st of March in every year, of the amount of credets of the Exchequer funds
or bills placed to their account in the Bank of England, end of the sums issued as loans, and of repayments on account
of such loans, and deliver them to the auditors of public accounts.

THE FOLLOWING IS A LIST OF THE APPLICATIONS FOR LOANS, UNDER THE AUTHORITY OF
THIS ACT, FOR THE UNITED KINGDOM.
DHAINAOI LOANS ON ACCOUNT OP LANDS IN TRN PARISH OP Amount.
Name of Applicant. ENGLAND. Counties £ s. d.
Edmond Wodehense ... 1 Great Ryhing, Little Ryburg, Gate:), North Elasham, } Norfolk
• Gain, sad !Rebhan'
Rev. Joseph Taylor lebe Lands, Castle Sowerby Cumberland 2OO 0
Sir Samuel Crompton ... Kellington, Snaith, Thornton-le-Stmt, South Otter- York
North Ot erington, K irkby Wiske
Hon. Sir E. M. Vavasonr,l Holme.upon.Sp kling, Monr, Drayeot•in.the-Moor,
Bart.
Rev. Jas. Robson ••westle-on.Trse Northumberland .... 250
Capt. T. W. Boller, R.N.Whimple ' Devon OOO
Ilhd Thomas Lougher ' ' DI
amorgan
Sir J. Kennaway, Bart...Talaton, Whimple, and Pahanshary ll.vou
W. Minton Seddon ....Church Stretton Salop
Rev. Robt. Pulleine ....Glebe lands, 'Kirkby Wiake York
Rev. Henry Askewe ....Glebe lands, Greystoke Cumberland
John Bowes Gainford and Staindrop
Christopher. Thos. Tower. South Weald ' Bowe • 705
Rev. John Wannop Gle,e lands, Calmody 4 Cumberland
Rev. Win. Sharp Addingham
Benjamin Bullock MilPird Northamberhai .... 900
John Simpson Hultonsoil, Greystoke Cumberland
'
Rev. J. C. Blair Warren,
as committee of Mar- 1 Little Horkerley, Wormingford, sad Bergball
garet Blair
St. John Lee, Corbeidge, Burton, Oast Naas, Bess,
Rowland Errington ham, and Wark
Rev. W. H. Milner Penrith and Worland '
Rev. W. H. Milner Appleby, Aalay .
Rev. John Croglin Croatia ..
Rev. Lloyd Sanders Broadclist
Rev. John Heysham......Castle Sonority '•
SafTLAND.. ' ..,'
Hugh M'Lean Tyree and Call Argyle 5OO
Do. do. Kelm= and Kaiak= Argyle 5OO
Thom Paul Kilreeny and Oral ' ''• ' " Fife 4,OSR 1•
Norman M'Leod Diminish Isle of Skey .••••
2,000
Wm. Fraser Tyttler Dorn • ' Inverness 3,600
George Traill Chris Dunner aser Bower Inverness
William Brodie Dyke and Aldearn Elgin and Wehrle ..». 1 600
Andrew btenert Bahama
Sir R. A. Anstruther, Bart.Baver and Watten Caithness
Evan Macpherson
David Milne , 13171::,.. . lnverness
' • ' Berwick ' 2,810
W. Brodie ... ... ..........51 Neirn 4OO ;
James &Olio PAW.. . Inversive ..." MN '!1
Donal Donald , Y
d Horne ................ edale Caidasa ‘................. -ENS
000 t
Walter Oes ..,„.. Fele
Sir Jahn Madeki: Bart ..Bower and Wick - .
Alesaw/er Campbell South Rnapdile • . ' Argyle
Lai Macdonald Slcit Pcielasajialwskaalmit " • • lnverness .....,..... 6,000
g: Gems Sinclair. Boat. Isabenna
........ahsreo. and Ralkirk ' Caithness
Bev. J. Douglas..." 4, ..Dryfeadele • ' Dumfries ~. ..... ... 1,634
Earl of Caithness Caithness ' .
Robert Vane Agnew' ....Kirlionsen Wigtorrn .. v.• 1,500
'Kenneth fdscleay Wick
' Caithness
James Arch. Campbell ...Inishall a Argyle
3,16,5
Alexander Campbell .....Booth}Langdale A gybe ..., 2,900
James Brown, as Treenail ;wick Caithne c •
of William Horne ..... v ss • ' 6,000 0 -0;
Duncan Macintyre
Sir Kenai* Mackenzie ..Appleeron
Rasa .oa ..... : .... .
8,400 0 .0
000 0
W. F.& SemartMaekenzieUrray and Fodderty • ..
- • .1, ... .
.W. F. Caaighsh Killarrow, Kilineny, Midges', Kikiannal.4l' Peetaahaveillsgyle ' .1.5.000 0 ,
William Mackenzie Knockknee, Killearnani and Contin ...., Rea .... 11,993 041
' Alaandsatordsn KOfinicher .
Argyle . 1.500 0. 11:
N ' Braindsle and Dairnish • Inverness
Esg°l7ladean ...... ....Tyree, sad Coll, Kilninianr and Kilmair -• . '•- ' ' 'Argyle ....... ...... 3.676 -
John Odell Tranent , . Haddington - 1,680 0
. . .
AlenndayMeeNeel Gleams* . .. • • Edinbergh..-...... 3-50
91r J. ple Hay 01enluce and New laws. ' • . . Wigtown ...,....... 6,539
Y. C. Hope Obbora - bsestrade • ' ' '
t. s -•• et Edinburg1i.....,..... 1,850
0
Sir Evan Mackenzie ....Contra ' Roes
Lard Lova Mosel, • ,Inverness .., B7l
reuses Maekensis Knockbain, Kellonsum. and Coate; Ras
0
Alesandsr M•Lean Kelfinichet Argyle ..... .. ~.... 600 .0
Sir J. M. Riddell Ardnamtinhao Argyle , 4,600 .
.
The RAH of Glasgow ....A,blsy of Paisley and Largs If**, . Renfrew 'nod Agr,... 3,600
Aleaseda ilitalinel .....01encorse • Edinburgh.......,.... 700
Sir Wiliam Jllllllllllll .... Applegirth, Locansher, Johnstone • Dwaine,
David Bower • Caitbneus O.. 2,010
F. ._ . Kirkholl ' ' „. ,A ~ „Inverness
....Eileskillis , . 'Moray ..., 1,600
frw ....Glen Lunt. New Luce Wigtown .. .. . . ..• . 6,650
• Am;neder ....Roekeen, Eddeetown. Kinasadine, Alston* . Ross ' 26,420
D. dal
awes. Bower . . .
. .
Caithness .......4 2,200
Viewelat fitzetialesi ....Blackfonl and Trinity Oink Perth
' David Nairn, Kitson. and "Mawr
lisjor David Pawn. Eeriest.= • ~ ' Berwick 1..... 1,000
Devil gosh
Jaws Campbell Ochiltree Ayr 1,500
R. S. Kirkwall Bele ' • Orkney ...." BOO
. .
Charles Chalmers Fiore • Aberdeen
Arthur Forbes ............Unubart, Inverness Daviot, and Crorg Nairn and Invernses.. 6,000
*James Mathaml, Stornoway. Knock, Jinni, Cross, Locks Mg, Rev
Wick Caithness
Jain li Kirkhill Inverness
The Due of ' 11 Nilibilchin, Kfivickoo, Tyros, wad Coll •• Argyll 2,000
The Cowsl4o • re Barra 'evening ...s 6OO
Jolla .. lightnings, Killian .. Argyle r. 600
J. 1.. rig 2. .. •Lountey, and Rather
' Akess&goellasenson ....Bnokory, Newsmaker, Uday Kincardine • 4.200
Rabat Seas* • Brie Orkney • 950
Moray 1,600
Lear . Tollicallan,'Clacsmanwan
DAMASK*, . ' Berndt and Benham a ... Kincardine
MO if"- NM F. B. Dingwall, Fodderty, Bank, Coetin, Glimhell Fifeakin 1.363 10 0
Bhamet llamilimis .... •
Williams P.S.
Willies lealleep , Achafah, South Knapdale Are . 5,10 0
Col. Robert NalleaaM ..11116nachsn
lin. X. J.l,ladseg ..Lochahh Ross ' 3,210 0
i.e. liathasen Avoch, Dialed* Do.
i.e. Maws Madman • ' Watch
Rosa
Alexander Matheson ....01enabeil, Kinfall
.AND.
Piens Nagle Anciakkha
Colonel Synge lnagh ,••••sClare
Note-Drainage Loan Acts for Inland pre.--' elment, via.: 6 and 6 Viet., e. 82; 8 soda Viet.. e. 09;
9 Viet.. c. 4.
dent on potatoes for threcAtiarterw of the year, and
the other exelneively.dependmt on T,otatoes for the
whole year. Assuming five as the average of a
family, we have 60,000 families tea' Airing subsistence
taring the eight months that inter yens -between this
and harvest; and, allowing two and a half stones
(about 3.5 lb.) to each family, the , consumption would
be 75,000 bolls per mouth, or 600,000 bolls for
the whole eight mouth" , There are two
Scotch bolls an an imperial quarter, and,
the Price of meal at 6111. r.er quarter, the coat of the

&we%

Northumberland & I 31,403 0 0
*Chester
Cumberland and 200 0.0
Westmoreland
,Wootmorelaud
..,Cumberland'''— 420 0 0

.•• • Devon ...... ..., •••
• • • -
~..Cumberland

SCOTLAND.
EDINBURGH, JAN. 16.
In the absence of more elaborate data respecting
the distress in the Highlands, we must have recourse
to the statistics of Dr. McLeod, a gentleman whose
intimate ersonal acquaintance with those districts
entitles him to confidence. He estimates the gross
Highland population at 400,000, and conceives that of
these 100,000 are in such circumstances as not to be
affected by current casualties. Of the remaining
300,000, one half may be regarded as mainly depen-

quantity named of that particular food would amount
to about 1,000,000/. This is appalling enough, but
other things bet-ides meal would of course be required,
and above ull things seal for next crop cannot be
overlooked. However, the evil in all its horrors
really exists, and must be fairly met in the face if we
are at all to surmount the difficulty.
Of the 312,0191. 19s. ld. applied for by Scottish
proprietors under the Drainage Act, about 150,0001.
will full to the Highlands, and so fur the expenditure
of such sums will lighten the burden. The
opinion is gaining ground here, that this act should
be expanded into a general Land Improvement Act,
embracing trenching, fencing, and other requisites of
rural cultivation as well as draining. In reporting
on the Act the directors of the Highland Society
suggested certain amendments to be provided by an I
amended act, or to be acted on by the commissioners
in carrying the Act into operation. These were:
1. The expense of the machinery devised to secure the
provisions of the act—by the production of plans, ape:idea-
tion' and estimates of the works to be performed, and the
subsequent superintendence. 2. The advance to be home
by the proprietor until the works xre completed. 3. That
trenching, as a necessary accompaniment to the draining of
uncultivate i land., which are to be rendered arable, should
specially fall under the provisions of the act. 4. That pro-
vision should be made for securing a right of outfall through
adjoining and lower properties.
These suggestions have been so favourably received
by the comnussioners that they will likely be acted
i on. _ _ .

-••••
The Edinburgh committee are afraid that the
method adored in England of collecting for Irish and
Scotch destitution, at one and the same time, may
lead to some misunderstanding when the amount
comes to be divided; and they suggest that there
should be two separate funds. The amount collected
by the Edinburgh Committee up to this date is
16,00.1/. 13s. 3d.

ST. Avintew's.—Arrangements have ben concluded fee
the erection of several handsome crescents and terraces on
very eligible sites. which have been procured on property
purchased from Colonel llalcroft and Lady Anstruiher, and
which afford commanding views of both marine and inland
scenery scarcely to be surpassed in Scotland. Operations
are to be commenced early in the Spring.