Drainage (Ireland) Act 1842
| Jurisdiction | Ireland |
(5 & 6 Vict.) C A P. LXXXIX.
[5th August 1842]
'WHEREAS it is expedient that Provisions should be made for promoting the Drainage of Lands in , and the Improvement of Navigation and Water Power in connexion with Drainage;' be it therefore enacted by the Queen'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 the Commissioners of Public Works inIreland for the Time being shall be the Commissioners for the Execution of this Act.
II Two additional Commissioners may be appointed.
II. Provided always, and be it enacted, That it shall and may be lawful to and for the Commissioners of Her Majesty's Treasury of the United Kingdom ofGreat Britain and Ireland , by Warrant under the Hands of any Three or more of them, if they shall so think fit, to appoint One or Two Persons to assist the said Commissioners of Public Works, and be Commissioners together with them for the Execution of this Act, during Pleasure, and to remove either or both of said last-mentioned Commissioners, and to appoint another or others in the Stead of the Person or Persons so removed, or dying, or resigning, and that all Matters and Things which the Commissioners for the Execution of this Act are by any of the Provisions of this Act required or authorized to do or execute may be done and executed by any Two of them.
III How Persons interested in Lands liable to be flooded may proceed;
III. And be it enacted, That it shall be lawful for any Person interested in any Land liable to be flooded or injured by Water, or capable of being drained, or the Drainage whereof may be capable of being improved, to apply by Memorial to the Commissioners for the Execution of this Act, stating the Nature and Extent of such Land, and praying that the same may be drained, or that the Drainage thereof may be improved under the Provisions of this Act.
IV also Persons interested in any River near to any such Land.
IV. And be it enacted, That it shall be lawful for any Person interested in any River within, adjacent, or near to any such Tract of Land as aforesaid, and which River, or any Part thereof, may be capable of being rendered navigable in connexion with Drainage, or the Navigation whereof may be capable of being improved in connexion with Drainage, to apply by Memorial to the said Commissioners, describing such River, and praying that the same, or such Part thereof as aforesaid, may be rendered navigable, or the Navigation improved, in conjunction with the Drainage of the Land adjacent or near thereto, under the Provisions of this Act.
V Grand Jury may present Memorial when a Navigation may be effected or improved.
V. And be it enacted, That it shall be lawful for the Grand Jury, at the Assizes of any County in which any such River as aforesaid, or any such Part thereof, may be situate, to make a Presentment directing their Secretary to apply by Memorial as aforesaid for the like Purpose to the said Commissioners, provided, One Month at least before the Meeting of such Grand Jury, a Notice, signed by One or more Cess-payers of such County, specifying that it is intended to bring under the Consideration of such Grand Jury the Propriety of such Memorial, shall have been published in Three successive Publications of a Newspaper circulating in such County, and shall have been, Ten Days before such Meeting of such Grand Jury, posted at the usual Places for posting Grand Jury Notices in every Barony in such County in which any such River, or such Part of a River, proposed to be improved, is situate, in the same Manner as Notices for Applications are to be posted under an Act passed in the Session of Parliament holden in the Sixth and Seventh Years of the Reign of His late Majesty KingWilliam the Fourth, intituled Ireland.
VI Where a Memorial is presented, the Commissioners may require a Deposit for defraying preliminary Expences.
VI. And be it enacted, That in every Case of Application by Memorial as aforesaid the said Commissioners shall require such a Sum to be deposited in their Hands, by or on behalf of the Person or Grand Jury so applying, as shall be sufficient for defraying the Expence of making the preliminary Inquiries, Inspection, and Report herein-after mentioned, and shall also, whenever afterwards they shall have notified their Approval of the Matter of such Memorial, require to be deposited in their Hands, by or on the Part of such Person or Grand Jury, such Sum as shall be sufficient for defraying the Expences of making the further Surveys, Schedules, Maps, Plans, Drawings, Sections, and Estimate herein-after directed to be made respecting the Land or River proposed to be drained or improved respectively, and the Works necessary for draining and improving the same, and for defraying the Expences of all other Measures herein-after directed to be taken for the Purposes herein-after expressed, previous to the actual Commencement of any Works under the Provisions of this Act.
VII Grand Jury may direct the Treasurer of the County to deposit the Sum required to be deposited with the Commissioners.
VII. And be it enacted, That it shall be lawful for any Grand Jury who shall direct any such Application by Memorial as aforesaid to present (without Application to Presentment Sessions) any Sum which they shall think necessary for or towards providing the Amount of such First Deposit as aforesaid, or, if they shall think fit, for or towards providing the Amount of both such Deposits; and in case such Grand Jury shall Present only the Sum necessary for such First Deposit, it shall be lawful for the Grand Jury, at any subsequent Assizes, in like Manner, without Application to Presentment Sessions, if they shall so think fit, to present the Sum necessary for the Second Deposit; and the Amount so presented in either of such Cases shall be raised off such Baronies and Half Baronies as shall be specified in such Presentment; and it shall be lawful for any such Grand Jury to direct the Treasurer of the County, out of any public Monies which he may have in his Hands, to lodge with the said Commissioners such First Deposit, or both such Deposits, according as such Grand Jury shall direct in such Presentment, and as the said Commissioners shall require, for defraying the Expences aforesaid, and such Treasurer shall make such Deposit or Deposits, and the Amount so presented shall be raised and levied accordingly; and in case the Deposit or Deposits required by the said Commissioners shall not amount to the Sum so presented, the Surplus shall be applied to such Purposes as other public Monies levied off such Baronies or Half Baronies may be applicable.
VIII Commissioners may appoint a Person to inspect any Land or River, and to report thereon.
VIII. And be it enacted, That whenever any such Memorial as aforesaid shall be presented to the said Commissioners, and the Sum required to be deposited with them for the Purpose of making such Inquiry, Inspection, and Report as aforesaid shall have been deposited accordingly, the said Commissioners shall direct some Engineer or other competent Person to inspect, and, if the said Commissioners shall deem fit, to make a Survey of the Land or River referred to in such Memorial, or of any other Land or River of which they shall deem it necessary for the Purposes of such Memorial that a Survey should be made, or to examine any Survey already made thereof, which the said Commissioners shall think sufficient, and to inquire into and ascertain the present State of such Land or River, and the Capacity of the said Land for Improvement by Drainage, and the probable Increase in the Value of such Land when so improved, and also the Capacity of such River for Improvement, and further to ascertain whether any existing Navigation would be injured by the Works necessary to be executed for Drainage, or whether any useful or necessary Navigation would or might be effected or improved either immediately or remotely in conjunction therewith, and whether it may be necessary or expedient for the Execution of such Works to purchase, remove, injure, or alter any Weir, Dam, Mill, Factory, or other Building or Property, and whether any and what Improvement would or might be effected in any existing Water Power, and whether any new Water Power would or might be created in conjunction with such Works, and whether, for the Prevention of sudden Floods, and the Preservation of surplus Water for the Supply of Towns, Mills, Factories, or Navigation, or for the Irrigation of or the warping or depositing Soil by means of Water on any Lands where same shall be a beneficial Manurance, that any and what Reservoirs should be constructed; and such Engineer or other Person shall report to the said Commissioners the Nature, Extent, and probable Expence of effecting the Purposes aforesaid, and the Lands, Mills, Factories, Weirs, and other Property to be affected by such Works, and the Benefit or Injury likely to arise to such Lands, Mills, Factories, Weirs, and other Property respectively from such Works, and the several Matters aforesaid.
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