Limerick Harbour Tramways Act, 1931
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Commissioners empowered or may be required to underpin or otherwise strengthen houses near tramways. |
43.—Whenever in order to avoid in the execution and maintenance of any works authorised by this Act injury to the houses and buildings within one hundred feet of the Tramways sidings or street works it may be necessary to underpin or otherwise strengthen the same the Commissioners at their own costs and charges may and if required by the owners or lessees of any such house or building shall, subject as hereinafter provided, underpin or otherwise strengthen the same and the following provisions shall have effect (that is to say):— | |
(1) At least ten days' notice shall unless in case of emergency be given to the owners, lessees and occupiers, or by the owners or lessees of the house or building so intended or so required to be underpinned or otherwise strengthened. | ||
(2) Each such notice given by the Commissioners shall be served in manner prescribed by section 19 of the Lands Clauses Consolidation Act, 1845 , and if given by the owners or lessees of the premises to be underpinned or strengthened shall be sent to the principal office of the Commissioners. | ||
(3) If any owner lessee or occupier of any such house or building or the Commissioners, as the case may require, shall within seven days after the giving of such notice give a counter-notice in writing that he or they, as the case may be, disputes the necessity of such underpinning or strengthening the question of the necessity shall be referred to the arbitration of an engineer to be agreed upon or in case of difference appointed at the instance of either party by the Minister. | ||
(4) Such arbitrator shall forthwith upon the application of either party proceed to inspect such house or building and determine the matter referred to him and in the event of his deciding that such underpinning or strengthening is necessary he may and if so required by such owner, lessee or occupier shall prescribe the mode in which the same shall be executed and the Commissioners may and shall proceed forthwith so to underpin or strengthen the said house or building. | ||
(5) The Commissioners shall be liable to compensate the owners, lessees and occupiers of every such house or building for any inconvenience loss or damage which may result to them by reason of the exercise of the powers granted by this enactment. | ||
(6) If in any case in which any house or building shall have been underpinned or strengthened on the requisition of the Commissioners such underpinning or strengthening shall prove inadequate for the support or protection of the house or building against further injury arising from the execution or use of the works of the Commissioners then and in every such case unless such underpinning or strengthening shall have been done in pursuance of and in the mode prescribed by the arbitrator the Commissioners shall make compensation to the owners lessees and occupiers of such house or building for such injury provided the claim for compensation in respect thereof be made by such owners within twelve months and by such lessees or occupiers within six months from the discovery thereof. | ||
(7) Nothing in this enactment contained nor any dealing with any property in pursuance of this enactment shall relieve the Commissioners from the liability to compensate under section 68 of the Lands Clauses Consolidation Act, 1845 , or under any other Act. |