Drainage and Improvement of Lands Amendment Act, Ireland, 1869
DRAINAGE AND IMPROVEMENT OF LANDS AMENDMENT ACT, IRELAND 1869 | ||
CHAP. 72. | ||
An Act to amend “The Drainage and Improvement of Lands (Ireland) Act, 1863,” and to afford further facilities for the purposes thereof. [9th August 1869.] | ||
26 & 27 Vict c. SS. | ||
WHEREAS an Act passed in the session of Parliament holden in the twenty-sixth and twenty-seventh years of Her Majesty, chapter eighty-eight, intituled “An Act to enable landed proprietors to construct works for Drainage and Improvement of Lands in Ireland:” | ||
27 & 28 Vict. c. 72. | ||
And whereas a further Act was passed in the session holden in the twenty-seventh and twenty-eighth years of Her Majesty, chapter seventy-two, explaining certain provisions contained in the said Act: | ||
28 & 29 Vict. c. 52. | ||
And whereas a further Act was passed in the session of Parliament holden in the twenty-eighth and twenty-ninth years of Her Majesty, chapter fifty-two, intituled “An Act to amend the Drainage and Improvement of Lands Acts (Ireland), and to afford further facilities for the purposes thereof:” | ||
And whereas by the thirty-sixth section of the first of the said Acts it was provided that the Commissioners of Public Works in Ireland might make advances of public monies for the purpose of aiding in the completion of the drainage or improvement of works in any district; and by the thirty-eighth section of the same Act it was provided that no issue or instalment of any such loan or advance should be made unless the said commissioners should be satisfied that the drainage board had previously bonâ fide expended a sum of money equal to the amount of such issue or instalment in the drainage or improvement of such district, nor in any case should any such loan or advance be made exceeding one moiety of the monies proposed to be expended on the drainage and improvement of such district: | ||
And by the thirty-ninth and the six next following sections of the said Act provision is made for the malting by the same commissioners of a certain award therein called “the apportionment of expenses award,” and for giving effect to the terms of such award: | ||
And by the forty-sixth and five next following sections of the same Act provision is made for the making by the same commissioners of a certain other award to be called “the repayment of public advances award,” and for giving effect to the terms of such last-mentioned award, and for the purpose of securing the repayment of any advances of public monies made in the manner so herein above referred to; and it is thereby provided that the said last-mentioned award shall specify the principal monies so advanced by the said commissioners, with interest thereon at the rate of four pounds per centum per annum, from the respective dates of such advances to the date of such award, and that such consolidated sum of principal and interest should be thereby apportioned amongst the respective proprietors in such districts, and on their lands respectively, and that the several lands mentioned in any such award should from the date thereof be charged with the payment to Her Majesty of an annual rentcharge of six pounds ten shillings for every one hundred pounds charged on such lands, to be payable for the term of twenty-two years to be computed from the fifth day of April or tenth day of October, which should next happen after the date of such award, to be paid by equal half-yearly payments on the said fifth day of April and tenth day of October in every year, the first of such payments to be made on the second of such days which should happen after the date of such award: | ||
And whereas by the “Drainage and Improvement of Lands Amendment Act (Ireland), 1865,” aforesaid so much of the said thirty-eighth section of the said first-recited Act as limited or restricted the amount of public monies to be advanced as aforesaid was repealed, and the said Commissioners of Public Works were thereby empowered (with the sanction of the Commissioners of Her Majesty’s Treasury), by such instalments and subject to such rules and regulations as the said last-mentioned commissioners might think proper to advance, any sum or sums of money which the said Commissioners of Public Works might think necessary and proper for execution of the works in any district, and for defraying the expenses which the said commissioners might consider properly connected therewith; provided that no second or subsequent instalment of any such loan should be made until it should, have been proved to the satisfaction of the said Commissioners of Public Works that the preceding instalment had been properly expended in the execution of the works in such district: | ||
And whereas in certain cases in which districts have been constituted, and have been drained and improved under the provisions of the said Acts, the whole of the monies expended on such drainage and improvement of works have consisted of public monies advanced by the said Commissioners of Public Works under the provisions of the same Acts, and it is anticipated that in other instances in winch works for the drainage and improvement of other districts may be hereafter carried on in pursuance of the provisions of the same Acts the whole of the monies required for such works may in like manner be advanced by the said commissioners: | ||
And whereas it would he more convenient if, in all cases where the monies so expended on drainage or improvement of any district have consisted or shall consist of public monies, one award only shall be made, in which should be combined the several particulars required to be specified in the said two awards respectively as aforesaid: | ||
And whereas in order to prevent the accumulation of interest chargeable in respect of the public advances aforesaid, it is expedient to alter and amend the provisions aforesaid, with respect to the period up to which interest on such public advances is directed to be calculated, and from which such rentcharge is directed to commence in the manner herein-after contained: | ||
And whereas by the seventy-second and the three next following sections of the same Act provision is made in certain cases for taking down, altering, removing, and rebuilding any existing bridge, culvert, or archway for the discharge of water under any public road, and for certain other works in relation thereto: | ||
And it is by the said section seventy-three provided that it shall be lawful for the said Commissioners of Public Works in Ireland to issue a certificate under their seal declaring the amount which the county within which such works shall be situate ought to contribute towards the expenses so incurred by the drainage board therein mentioned, and that such certificate shall be laid before the grand jury of the said county at the assizes next after the issuing of the same, and the grand jury of the said county is thereby authorized and required without any application to presentment sessions to present the amount mentioned in such certificate to be levied off the county at large, by such sums and at such times as shall be mentioned in such certificate, and to be paid to the said drainage board, and the same provision is also thereby made applicable where any such new bridge, culvert, or archway shall be over any stream or river forming a boundary between two counties, and provision is also made for levying such sums by order of the court, in case any grand jury should refuse to make any such presentment: | ||
And it would be more equitable in some cases if such expenses so incurred as aforesaid were charged upon a particular barony or particular baronies or half baronies of a county or counties, and not upon such county or counties at large; and it is expedient to make provision accordingly, and it would be more convenient if the monies to be paid by any county or counties, barony or baronies, half barony or half baronies as aforesaid, should in all cases when as aforesaid the whole or any part of the monies required for such works shall have been or shall hereafter be advanced out of the public monies, be paid to the said Commissioners of Public Works in Ireland: | ||
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, as follows: |