The Sun.
London, England, 1845-02-24 00:00:00

PUBLIC WORKS.

Having adverted to those agricultural improvements which
lead directly to enlarge the productive powers of the soil, im-
prove the habitations, and increase the comforts of the people;
we proceed now to consider those undertakings properly called
public works.
The Legislature has upon many occasions, fully admitted the
propriety of affording encouragement and assistance to such
works ; arid the last report presented by the Commissioners of
Public Works in Ireland sets forth in a strong light, the im-
portance. in a national point of view, of rendering efficient aid
to the exertions of individuals in this respect.
We beg leave in this place to insert some extracts from that
report, and to express our entire concurrence in the sentiments
which are there put forward.
Speaking of the fund for grants, the Commissioners say—
" Much has been done with the aid of this fund towards the
improvement of the condition of the people in several parts of
the country, but much more remains to be done, and it is to be
apprehended that the districts standing most in riled of this
description of assistance are, from local circumstances, the
least likely to be brought under the consideration or the power
of grand juries to relieve them. The execution of such works
leads to the adoption of improved modes of cultivation, and the
abandonment of the rude and primitive implements in common
use, and, opens to the officers of justice and the local authori-
ties, places which had been the secure haunt and imrenetrable
refuge of the outlaw and the robber. We conceive that the
advantage of affording aid to the promction of such works, in
a statistical, moral, or political point of view, are too obvious
to make it necessary to dwell nn the subject at greater length.
We are also under a conviction that without the aid of a grant-
fund of this nature very many measures of improvement that
are to be effected by it, will remain unaccomplished for many
years."
It will be seen that these remarks only follow up and enforce
observations of a similar nature that have been repeatedly made
in the reports of various Committees and Commissioners, and
which have been founded upon the evidence produced before
them ; and we trust that such opinions, now again stated by a
Board which must have the best means of knowing both the
wants and the capabilities of the country, will have much weight
with the Legislature, and that there will be a disposition to
promote, by liberal pecuniary aid, the execution of such public
works as shall, upon due examination, be found likely to con-
tribute to the general advantage of the country. We refer
particularly to the opening of extensive mountain districts, by
the formation of roads.

We believe that in many instances the principles of sound
policy and of a wise economy ought to lead to the under-
taking, at the public cost, of works of this nature, even al-
though the inhabitants of the district, or the proprietors of
adjoining land, are unwilling or unable to contribute. Whilst
it is true, on the one hand, that Government ought not to
allow the funds of the State to be applied for the improve-
ment of private property, it is equally certain, on tl:e other
hand, that expenditure upon works calculated to produce
public and general benefit ought not to be withheld because the
operation will at the same time confer a benefit upon individual
proprietors. It should be recollected, that the mere opening
of a good road through a wild district does not of itself neces-
sarily improve the properties through which it passes.
This first operation gives encouragement for the outlay of
private capital, and affords facilities for its useful application;
and the joint t ffect of the whole is at once to stimulate the in-
dustry and increase the comforts of all parties connected with
the immediate locality, and to promote the prosperity of the
whole surrounding district, and thereby to add to the general
resources of the country•.

We are not, however, advocates for any indiscriminate ad-
vances of public money by way of grant. We are only desirous
of impressing upon those whose duty calls upon them to con-
sider this matter more particularly, that cases frequently will
and do occur in which it is consi tent with a wise economy to
grant money from the public funds for the execution of a public
work from which no direct return is to be expected, and to-
wards which the neighbouring proprictcrs arc either unable or
unwilling to advance any money.
We fully concur in the opinion expressed in the report of the
Select Committee on the state of the poor in Ireland in
1830

" That the effects produced by these public works appear to
have been extended cultivation, improved habits of industry,
a better administration of justice, the re-establishment of
peace and tranquillity in disturbed districts, a domestic coloni-
sation of a population in excess in certain districts, a diminu-
tion of illicit distillation, and a very considerable increase to
the revenue."

Under the sanction of the Board of Works, large sums have
been borrowed and expended in the promotion of works of
public utility, and 125,0001. has been granted for similar
purposes.
It is, ho•.wever, deserving of remark, that while that sum
has been granted, the State has derived a profit under the sys.
tern of Lars, amounting already to ablut two-fifths of those
grants. This has arisen, as explained in the evidence of Sir
John Burgoyne, from the difference between the rate of inte-
rest at which the State has obtained money, and that at which
loans have been made under the provisions of the Public
Wcrks Act.

Sir.ce the passing of the Drainage Act, plans for the im-
•provement. of considerable tracts have bsen proposed, involving,
according to the applications now before the Board, an ex-
penditure of 600,000/. on drainages, which can only be con-
sidered as preliminary to greater and more local improvements.
PUBLIC WORKS ACT.
The Act of the Ist and 2d William IV., commonly caPed
the Public Works Act, contains many provisions regulating
the terms and conditions upon which Parliament has thought
it right to authorise the issue of public money to a limited
amount in aid of works in Ireland.
he money is to be advanced partly by way of grant, and
pa tly by way of loan, and the terms upon which loans are to
be made, vary according to the different purposes for which
the money is required.
For certain purposes specified in the Act, money may be ad-
vanced to individuals or public bodies, open security, to be
repaid by instalments within 20 years after the work is
completed, and with interest, at a rate not exceeding les.
per cent. above the current rate of interest upon Exchequer
Bills.

Some alteration has subsequently been made in some of the
provisions of this Act ; but as to the points to which we now
desire to call attention it remains unaltered.

By section 32 it is provided, that advances by way of loan
may be made upon the security of freehold or leasehold in-
terest in land, for the draining, embanking, reclaiming, or other-
wise improving land ; but it is required that money so advanced
shall be repaid in three years after the work is completed, and
with interest at five per cent.
These terms being generally felt to be unnecessarily disad-
vantageous to the borrower, only one or two applications have
been made for a loan under this section, and this part of the
Act, which was evidently intended to promote agricultural im-
provement, bas wholly failed of its purpese.
The Act, after having made provision for the advance of
money towards the execution of certain works, particularly
the formation of roads and bridges, upon condition of such
grants being met by a corresponding advance of money by
individuals and public bodies, contains in section 60 a provision
in the following words :
let and 2d William IV., cap. 33, clause 32,—" Provided
further, and be it enacted, that it shall and may be lawful
for the Commissioners for the execution of this Act, to make
advances in aid of the drainage, embankment, reclaiming, or
ether improvements of land, on the credit of mortgagees, as-
signments, or other assurances of the estate and interest,
freehold or leasehold, in such land, which is to be the sub-
ject of such drainage, embankment, reclamation, or other im-
provements. Provided always that it shall be made out
to the satisfaction of such Commissioners, by competent evi-
dence, accompanied by the certificate of a skilful enginser
or surveyor, approved of by the said Commissioners, that
such drainage, embankment, reclamation, or other improve-
ment, when completed, will increase the value of such land
in the proportion of at least ten per centum on the sum pro-
posed to be expended thereon ; and that a contract with two
good and sufficient sureties, to be approved of by the said
Commissioners, shall be previously made and entered into for
the full and complete execution of such drainage, embank-
ment, reclaiming, or other improvement, at and for a sum
not exceeding the amount of the advance sought therefore,
within a period to be fixed by the said Commissioners, not ex-
ceeding seven years from the date of such advance ; and that
in all such cases the whole amount of such advance shall be
made repayable within three years next after the period so
fixed for the completion of such drainage, embankment, re-
claiming, or other improvement, with interest thereon, in the
meanwhile, at a rate not less than 51. per centum per annum,
payable half-yearly, as the said Commissioners shall fix and
appoint."
And clause 6'3 is in the following words, viz., " And where-
as, by reason of the communications to be opened by such
roads and bridges, great benefit is expected to accrue to the
proprietors of the estates in which the same
i may be con-
structed, and the value thereof may be greatly increased, and
it is expedient to enable tenants for life and others, having
only particular estates, and persons under legal disability or
incapacity, to raise money for the purpose of contributing
to the making such roads and bridges ; be it therefore, and
it is hereby further enacted, that it shall and may be lawful
to and for any corporation, lay or ecclesiastical, sole or ag-
gregate, and for the husbands, trustees, committees, or at-
torneys of, or for the owners or proprietors of, or any com-
pany, or any parts of any lands through, or bordering upon
which, any such road shall pass, or be intended to pass, or in
which any such bridge shall be constructed, or proposed to be
constructed, being under coverture, minors, lunatics, or beyond
the seas, or otherwise incapable of acting for themselves, and
to and for every of them for the time being, and to and for the
owners and proprietors of all such lands, being tesiants in tail
for life, or tenants in tail, after possibility of issue extinct, or
tenants in dower, and to and for every of them respectively, for
the time being, with and by the sanction and consent of the
Commissioners for the execution of this Act first had and ob-
tained, by indenture or indentures under their respective hands
and seals, from time to time, and to which indenture or inden-
tures one of the said Commissioners shall be an executing party
for the purpose of signifying such sanction and consent as afore-
said, to charge the said lands with any sum or sums of money
which shall or may be advanced or applied by him, her, or
them respectively, in or towards payment of the said contri-
bution for the making of such road or bridge, and for se-
curing the re-payment of such sum or sums of money, with
interest, to grant, mortgage, lease, or demise, or otherwise
subject the said lands unto any person or persons who shall ad-
vince and lend such sum or sums of money respectively either
in fee or for any term of years ; so as every such grant,
mortgage, lease, or demise be made with a proviso or condition
to cease and be void, or under an express trust to be surrendered,
in case and so soon as the sum or sums of money thereby to be
secured, with lawful interest for the same, shall be fully paid and

satisfied, at a time or times to be appointed in that behalf ; and
also with a covenant to pay and keep down the interest in the
meanwhile ; and so as every such grant, mortgage, lease, or
demise, do also contain a proviso that the person entailed in
remainder or reversion to the lands or grounds therein com-
prised shall not be liable, upon his, her, or their becoming pos-
sessed thereof, to the payment of any further or larger arrear
of interest than for six months preceding the time that his or
their title to such possession shall have commenced; and every
such charge, grant, mortgage, lease, or demise as aforesaid
shall be good, valid, and effectual in the law, for the purposes
hereby intended, and shall take priority of all charges and en-
cumbrances whatsoever and whensoever made."
Two important principles have thus been recognised by the
Legislature, with respect to the advances of money for the im-
provement of Ireland-
-Ist, That it is desirable and proper to give assistance by way
of loan towards the agricultural improvement of that country ;
and, 2dly, That in cases in which the property of individuals is
to derive a permanent benefit from the execution of such
works, it is just and proper to give power to persons having
limited interests or being under legal disability to charge such
property with the repayment of money advanced in aid of such
improvements.
We believe that the soundness of the view thus taken by the
Legislature will he admitted by all those acquainted with the
actual state of Ireland, and who are enabled, therefore, to ap-
preciate the very great importance to the public interest, of
the improvement of that country, and the employment of her
people ; and we believe, also, that the advance of money from
the public treasury, in aid of these objects, under proper guards
and restrictions, is consistent with the truest economy, regard
being had to the expenditure under other heads, which the
state of that country continually calls upon the Government to
make. _ _ _

It appears to us, that the two provisions of the Public Works
Act to which we have partieu!arly referred, require amend-
ment, so as to make them more extensively usefri, and
order to carry out the apparent intention of the Legislature.
We think that the advances authorised by section 32, in aid
of agricultural improvements, ought to be made upon the same
terms which are prescribed by the Act in other cases of advan-
ces by way of loan, as to the rate of interest, and the time and
manner of repayment.
We recommend, also, that the provisions of section 66, to
the terms of which we have particularly referred, should be
extended, so as to be applicable to all cases of advance by way
of loan under the Act.;
Such amendments would, in our opinion, only carry out the
principle fully recognised by Parliament, and embodied in the
Act in question, and would undoubtedly render that Act more
extensively beneficial in Ireland.
As the section 66 gives ceriain powers, which, under our re-
commendation, would be more extensively called into action,
e consider it right also to suggest the sort of restrictions by
which we think that those powers ought to be guarded, so as to
prevent abuse.
We recommend that two members shall be added to the
Board of Public Works in Dublin, of high legal station and
character.

That upon any application for a loan by persons under any
legal disability to charge their estate, it shall be the duty of the
Board to examine, not only into the propriety of the im•
provements proposed, but also into the state and condition of
the property, the interest of the various persons connected with
it, and the propriety of making a charge upon the estate for
re-payment of such loan ; and that no advance shall be made
unless upon the certificate of the Chief Commissioner and the
two legal members of the Board, recommending such advance,
and stating the nature of the security to be taken.
That all advances shall be made by instalments not exceeding
500/. in amount, and that no further advance be made until it
has been proved to the satisfaction of the said Commissioners
that the former instalment has been properly applied.
That in every case of a party applying for an advance, who
is entitled as tenant in-tail or for life to the income of the estate
to be charged, he shall be required to enter into a personal
obligation, by way of collateral security, to the extent of double
the amount o. instalment of the proposed loan ; and in case the
Commissioners shall at any time find that an instalment has
been applied to otht r purposes than those contemplated by the
Act, it shall be their duty to put such obligation in suit for
the recovery of such instalment or any part thereof, with in-
terest at 6 per cent., and it shall be in their discretion either
to stop all further payment in respect of the loan agreed for, or
if they shall think it to be for the benefit of the inheritance, to
direct the proper application of the remainder by their own
officer in accordance with the original proposal.
We think that by some provisions of this nature all possi-
bility of abuse may be effectually prevented, and many im-
provements effected, which, without aid to be furnished un-
der the Act of Parliament, must be wholly abandoned.
But we further recommend that any advance made under
this Act to persons under legal disability shall not exceed
in the whole the amount of 50,000/., or such other li-
mited sum as Parliament may fix. Any application by an
incapacitated person for a larger advance should be made un-
der the sanction of a Court of Equity. We further recom-
mend, that for those county works for which, by the exist-
ing law, loans may be obtained from the Board of Works,
grand juries should be empowered, with the consent of the
Lord-Lieutenant in Council, to borrow money on county
bonds, the prineipal to be repayable by instalments, with
interest.