Arterial Drainage (Minor Schemes) Act, 1928

Offences and penalties in relation to drainage works.

19.—(1) Every person who—

(a) shall wilfully obstruct a county council or joint committee or any of the officers or servants of such council or committee in the exercise of any of the powers or the performance of any of the duties conferred or imposed on them by or under this Act or the exercise of any right of entry on lands conferred by this Act, or

(b) shall wilfully obstruct any person appointed under this Act by a county council or county councils to make a report for the purpose of this Act in the exercise of any of the powers conferred on him by this Act, or

(c) shall pull down, remove, or injure any works in course of construction by a county council or joint committee under this Act, or

(d) shall remove, injure, or deface any pegs, poles, or marks placed or made by a county council or joint committee or any of their officers or servants for the purpose or in the course of the exercise of any of the powers or the performance of any of the duties conferred or imposed on them by or under this Act, or

(e) shall throw or put any weeds, stones, soil, or other solid matter or shall cause or permit any such solid matter to fall or pass into any watercourse in respect of which any works are about to be or are in course of being constructed by a county council or joint committee under this Act so as to cause any obstruction, hindrance, or delay to such works, or

(f) shall place or erect any dam, weir, or other obstruction in any such watercourse as aforesaid without the consent of the county council or joint committee concerned, or

(g) shall fail to keep clean and scoured any watercourse or drain which he is liable to maintain and in respect of which works are about to be or are in course of being or have been constructed by a county council or joint committee under this Act or which communicates directly or indirectly with any such watercourse or drain,

shall be guilty of an offence under this section and be punishable accordingly.

(2) Every person who after any drainage works constructed under this Act are completed—

(a) shall wilfully obstruct the county council or joint committee charged by virtue of this Act with the maintenance of such drainage works or any officer or servant of any such council or committee in the exercise of any of their powers or the performance of any of their duties in relation to such drainage works, or

(b) shall pull down, remove, or in anywise injure any such drainage works or any part thereof, or

(c) shall obstruct the flow of water to, through, or from any such drainage works in such manner as to prevent or hinder the efficient operation thereof or to cause flooding of such works or lands drained thereby,

shall be guilty of an offence under this section and shall be punishable accordingly.

(3) Every person convicted by a court of summary jurisdiction of an offence under this section shall be liable to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and shall also in the case of a continuing offence be liable to a fine (in addition to any such fine as aforesaid) not exceeding five pounds for every day during which the offence continues.

(4) For the purposes of this section drainage works shall be deemed to be in course of construction until the drainage scheme under which the same are constructed is fully carried out.