Drainage and Improvement of Lands (Ireland) Act, 1878

DRAINAGE AND IMPROVEMENT OF LANDS (IRELAND) ACT, 1878

CHAPTER 59.

An Act to amend the Law relating to the Drainage and Improvement of Land in Ireland. [16th August 1878.]

WHEREAS by reason of the absence of many proprietors, as well as the omission of others to sign the necessary assents even in case where they do not wish to dissent, unnecessary difficulties have been thrown in the way of the formation of elective drainage districts, under the Drainage and Improvement of Lands Act, Ireland, 1863: And whereas it is expedient to remove these and other difficulties in the way of the formation of such districts:

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:

Short title.

1. This Act may be cited for all purposes as the Drainage and Improvement of Lands (Ireland) Act, 1878.

To apply to Ireland only.

2. This Act shall extend to Ireland only.

Shortening periods of notice prescribed by

3. In sub-section one of the sixth section of the said Act of 1863 the day to be named as the day on or before which objections shall be required to be transmitted to the petitioners shall be not sooner than six weeks from the publication and posting or service of the notice mentioned in the said sub-section, instead of two months as provided by the said sub-section; and in sub-section five of said sixth section of said Act of 1863 the period of twenty-one days shall be substituted for one month as the period within which objections in writing to the report of inspection or any part thereof may be served on or transmitted by post to Her Majesty’s Commissioners of Public Works in Ireland.

Amount of assent of proprietors necessary in order to authorise provisional order.

4. In sub-section five of the sixth section of the said Act of 1863 the assents required shall be the assents of the proprietors of a moiety in value of the land in the proposed district, instead of the proprietors of two thirds in value of such land; provided always, that no provisional order shall be made under the provisions of this section in any case in which the proprietors of one-third part in value of such lands in the said district have, within six weeks after the lodging of the report of the inspector, expressed in writing their dissent to the formation of the drainage district.

This Act and former Acts to be read together.

5. The said Act of 1863 and the several Acts amending the same and this Act shall be read together as one Act.