03/11/1928: The Arterial Drainage (Minor Schemes) Regulations, 1928.


DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

THE ARTERIAL DRAINAGE (MINOR SCHEMES)REGULATIONS, 1928.

I, the Minister for Local Government and Public Health in exercise of the powers vested in me by the Arterial Drainage (Minor Schemes) Act, 1928 , do hereby make the following regulations, that is to say :—

1. These regulations may be cited and referred to as " The Arterial Drainage (Minor Schemes) Regulations, 1928."

2. In these regulations—

(1) the expression " the Act " means the Arterial Drainage (Minor Schemes) Act, 1928 .

(2) the expression " drainage authority " means a county council or joint committee appointed by two or more county councils for the purposes of the Act.

(3) other expressions have the meanings assigned to them by the Act.

FORM OF PETITION.

3. Every petition under the Act shall be made in the Form No. 1 set out in the Schedule to these regulations.

FORM OF DRAINAGE SCHEME.

4. (1) Every drainage scheme prepared and confirmed under the Act shall be in the Forms Nos. 2 and 2A set out in the Schedule to these regulations or forms to the like effect and shall have annexed thereto all such maps and schedules as are thereby required, and in particular a map or maps showing in distinctive colours—

(a) the lands proposed to be drained or improved ;

(b) the rivers, streams and waters proposed to be interfered with and indicating the drainage works proposed to be executed ;

(c) the lands, rights or property, if any, proposed to be acquired ; and also all such other plans and sections as may be necessary.

(2) Every separate parcel of land, right or property shall be indicated and marked on the map relating thereto by a distinctive number corresponding to the number assigned in the schedule relating thereto which is annexed to the scheme.

(3) The scale of every map, plan or section shall be clearly marked thereon and every map shall show the names and boundaries of the townlands, district electoral divisions and county or counties to which it relates and the points of the compass shall be clearly marked thereon.

(4) Every map or plan shall be on a scale of not less than six inches to a mile.

NOTICES OF AND OBJECTIONS TO A DRAINAGE SCHEME.

5. The time within which a copy of the drainage scheme shall be deposited by the drainage authority as required by section 8 of the act shall be one week after the completion of the preparation of the scheme.

6. The drainage authority shall serve the notices required by sections 8 and 18 of the Act on all occupiers of lands proposed in the scheme to be drained or improved ; and on all persons having turbary rights over or in respect of such lands ; and on all owners or reputed owners, lessees or reputed lessees and occupiers of lands, rights and other property proposed to be acquired by the drainage scheme—

(a) by delivery of the same personally to the person required to be served, or if such person is absent abroad or cannot be found, to his agent, or if no agent can be found, by leaving the same on the premises ; or

(b) by leaving the same at the usual or last known place of abode of such person as aforesaid or his agent ; or

(c) by forwarding the same by post in a prepaid and registered letter addressed to the usual or last known place of abode of such person or his agent.

7. The notice required to be served by section 8 of the act on an occupier of lands proposed in the scheme to be drained or improved shall be in the Form No. 3, and shall have annexed thereto a form for expressing assent to or dissent from or objection to the scheme in the Form No. 3A set out in the Schedule to these regulations.

8. The notice required to be served by section 8 of the act on an owner or reputed owner, lessee or reputed lessee or occupier of lands proposed to be acquired in a drainage scheme shall be in the Form No. 4, and shall have annexed thereto a form for expressing objection to the scheme in the Form No. 4A set out in the schedule to these regulations.

9. The notice required to be served by section 18 of the act on a person having turbary rights over or in respect of any lands proposed in the scheme to be drained or improved shall be in the Form No. 5 and shall have annexed thereto a form for expressing assent to or dissent from or objection to the scheme in the Form No 5A set out in the schedule to these regulations.

10. The time within which objections to a drainage scheme may be sent to the drainage authority by an occupier of lands proposed in the scheme to be drained or improved ; or by an owner or reputed owner, lessee or reputed lessee, or occupier of lands, rights or other property proposed in the scheme to be acquired ; or by a person having turbary rights over or in respect of lands proposed in the scheme to be drained or improved, shall be twenty-one days from the date on which the notice prescribed by these regulations was served on such person or his agent or in the case of service by post was posted to such person or his agent.

NOTICE OF MEETING FOR CONFIRMATION OF DRAINAGE SCHEME.

11. Every notice required to be given to the public in pursuance of section 9 of the Act of the meeting at which confirmation of a drainage scheme will be considered by a drainage authority shall be in the Form No. 6 set out in the Schedule to these regulations and shall be published in one or more newspapers circulating in the district to which the drainage scheme relates and also be posted up in a conspicuous place in or near the site of the drainage works proposed to be executed under the scheme.

NOTICE OF CONFIRMATION OF DRAINAGE SCHEME

12. (1) The drainage authority shall within ten days after confirmation of any drainage scheme by them serve notice of such confirmation on the occupiers of all lands proposed to be drained or improved by the scheme ; on the owners or reputed owners, lessees or reputed lessees, and occupiers of any lands, rights or other property proposed in the scheme to be acquired ; and on all persons having turbary rights over or in respect of bog land included in the scheme.

(2) Every such notice shall be in the Form No. 7 set out in the Schedule to these regulations and shall be served in the manner prescribed by regulation No. 6 of these regulations with respect to the service of notices under sections 8 and 18 of the Act.

JOINT COMMITTEES.

ELECTION AND PERIOD OF OFFICE OF MEMBERS.

13. (1) The first election of members of a joint committee by a county council shall be held at such meeting as shall be fixed by the county council and the members then appointed shall hold office until the day after the day of annual meeting held next after the next triennial election of the county council.

(2) The election and the continuance in office of the members of a joint committee (other than the first election and the continuance in office of the members elected thereat) shall be held and determined in accordance with the provisions of section 13 of the Local Elections Act, 1927 .

(3) Every joint committee shall consist of such number of members not exceeding twelve and shall be elected in such proportions as may be agreed upon by the county councils concerned or in default of agreement as may be determined by the Minister, provided that of the members to be elected by each county council one shall be a person not being a member of the council.

(4) A casual vacancy in a joint committee shall be filled, as soon as may be, by the county council by whom the member causing the vacancy was elected.

MEETINGS.

14. (1) The first annual meeting of the joint committee shall be the first meeting of the committee and shall be held at such hour and place as shall be appointed by the county councils by whom the committee was elected.

(2) The joint committee shall hold an annual meeting in each year and in addition half yearly meetings for the transaction of general business and also meetings at such other times as may be necessary for properly executing their powers and duties under the Act.

(3) The annual meeting shall be held in the year in which a joint committee is elected on the seventh day after the election of the committee is completed and in every other year on the same day of the week in the corresponding week of the year or on such other day as the Minister may fix.

APPOINTMENT OF CHAIRMAN AND VICE-CHAIRMAN.

15. (1) At the annual meeting the joint committee shall appoint one of the members to be chairman and shall appoint another member to be vice-chairman of the joint committee and such chairman and vice-chairman shall hold office until the next annual appointment of chairman or vice-chairman unless he has previously died, resigned, or otherwise ceased to be a member of the joint committee

(2) In the event of the death or resignation of the chairman or vice-chairman or of his ceasing to be a member of the joint committee, the committee shall at the meeting next after the occurrence of the vacancy appoint another member to fill the vacancy.

CALLING MEETINGS AND SUMMONS TO ATTEND.

16. (1) The chairman may at any time call a meeting of the joint committee.

(2) If the chairman refuses to call a meeting of the joint committee after a requisition for that purpose, signed by three members of the committee, has been presented to him, any three members of the committee may forthwith, on that refusal, call a meeting of the committee. If the chairman, without so refusing does not within seven days after such presentation call a meeting, any three members of the committee may, on the expiration of those seven days, call a meeting of the committee.

(3) Three clear days at least before any meeting of the joint committee, a summons to attend the meeting, specifying the business proposed to be transacted thereat and signed by the clerk of the committee, shall be left or delivered by post at the usual place of abode of each member of the committee.

CONDUCT OF BUSINESS AT MEETINGS.

17. (1) At every meeting of the joint committee, the chairman if present, shall be chairman. If the chairman is absent, then the vice-chairman shall be chairman. If both the chairman and vice-chairman are absent then such member of the joint committee as the members then present choose shall be chairman.

(2) Subject to the provisions of the Act all acts of the joint committee and all questions coming or arising before the committee may be done and decided by the majority of such members of the committee as are present and vote at a meeting held in pursuance of those regulations, the whole number present at the meeting, whether voting or not, not being less than a quorum of the committee.

(3) In case of equality of votes the chairman shall have a second or casting vote ; provided that when there shall be an equality of votes at the election of the chairman or vice-chairman or chairman of the meeting, it shall be determined by lot which of the persons receiving an equal number of votes shall be chairman. vice-chairman or chairman of the meeting as the case may be.

(4) The names of the members present as well as of those voting on each question shall be recorded so as to show whether each vote given was for or against the question.

(5) Minutes of the proceedings at every meeting of the joint committee shall be drawn up and fairly entered in a book kept for that purpose.

(6) The quorum of a joint committee shall be three.

(7) Subject to these regulations the joint committee may from time to time make standing orders for the regulation of their proceedings and business and vary or revoke the same.

EXPENSES OF JOINT COMMITTEES.

18. (1) At a meeting to be held as soon as may be after the confirmation of a drainage scheme the clerk to the joint committee shall prepare and submit to the joint committee a statement showing the apportioned amount of the probable total cost of carrying out the scheme to be provided by each county council liable to contribute thereto, and the joint committee after consideration of the same shall by resolution to be recorded on the minutes adopt the same with or without amendment, and shall thereupon make a demand in the Form No. 8 set out in the Schedule to these regulations for the amount required from each county council and shall transmit the same to the county council. The clerk shall also transmit a copy of the demand to the Minister.

(2) At a meeting specially summoned for the purpose to be held on or before the 15th day of January in each year the clerk to joint committee shall prepare and submit to the committee his estimate of the liabilities and requirements of the committee in respect of the maintenance of minor drainage works during the ensuing local financial year to be provided for by the county councils of the counties by whom the committee is appointed, and the committee shall, by resolution to be recorded on the minutes of the meeting, adopt the same with or without amendments and shall thereupon make an estimate and demand in the Form No. 9 set out in the Schedule to these regulations for the amount required and shall transmit the same, as soon as may be, to each such county council. The clerk shall also transmit a copy of the estimate and demand to the Minister.

Given under my Official Seal this third day of November in the

Year of Our Lord One Thousand Nine Hundred and

Twenty-eight.

(Signed) RISTEARD UA MAOLCHATHA,

Minister for Local Government and

Public Health.

SCHEDULE REFERRED TO IN THE FOREGOING REGULATIONS.

FORM No. 1.

FORM OF PETITION.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

To the County Council of the County of (1)

1. We, the undersigned being three or more occupiers of lands in the County of (1)  

      or persons upon trust for whom or for whose benefit lands in the said County are held by the occupiers thereof, which lands are liable to be flooded or injured by water or which are capable of being improved by drainage other than thorough drainage do hereby apply to the County Council to have drainage works executed under the above-mentioned Act for the purpose of draining or improving such lands.

2. We indicate in red on the annexed one inch ordnance map the rivers, streams and waters which we propose should be improved, and we also propose that the following drainage works should be executed :— (2)

(1) Insert name of County.

(2) Insert a brief statement of the drainage works proposed.

3. We indicate roughly in blue on the above-mentioned map the lands which we think will be improved by the execution of the above-mentioned drainage works or on which flooding will be prevented or lessened.

4. We declare that to the best of our knowledge and belief the total cost of the execution of the above-mentioned drainage works will not exceed £1,000.

5. If drainage works are carried out we are willing to pay drainage rates up to a reasonable amount to defray the cost of carrying out the works (less any State Grant or contribution of the County Council which may be made in aid thereof) and also for their maintenance, and we believe that the other occupiers of lands or the majority of them which will be improved by the carrying out of the works will also be willing to pay such rates.

Signed,

Name

Address

Townland

Parish

FORM NO. 2.

FORM OF SCHEME.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT 1928 .

THE (1)    (  ) MINOR DRAINAGE SCHEME, 19 .

WHEREAS in pursuance of the Arterial Drainage (Minor Schemes) Act, 1928 (2)

did receive a petition from three or more persons being occupiers of lands or being persons upon trust for whom or for whose benefit lands are held by the occupiers thereof which are situate in the said (3)     making application to have drainage works executed under the said Act for the purpose of draining or improving such lands :

AND WHEREAS the said (4)           did refer the said petition to (5)           for his report on the general merits of the proposals contained therein and the probable total cost of the execution of the drainage works.

AND WHEREAS the said (4)

did receive the report of the said (6)

on the said petition and did at (a meeting) (or meetings) (7)

held on the (8)

of which not less than seven days' notice was given to each member of the said (4)   

     consider the said petition and the said report :

AND WHEREAS the sum stated in the said report as the probable total cost of the execution of the drainage works proposed in the said petition does not exceed the sum of One Thousand Pounds and effect can be given to the proposals contained in the said petition without infringing any of the provisions of the said Arterial Drainage (Minor Schemes) Act, 1928 , and the said (4)           did at the said (9)         pass a resolution or resolutions approving of the proposals contained in the said petition and determining to carry them out under the said Act.

(10) NOW THEREFORE, in exercise of the powers vested in us by the Arterial Drainage (Minor Schemes) Act, 1928 , we, the County Council of the County of     do hereby at this our meeting held on the   day of    , 19 , prepare the following minor drainage scheme to effect the objects of the proposals contained in the said petition, that is to say :—

(1) Insert here name of County or Counties and add within brackets a distinguishing name

(2) Insert the name of the County Council or names of the County Councils to whom the petition was presented.

(3) Insert "County" or "Counties," as the case may be.

(4) Insert " Council " or " Councils," as the case may be.

(5) Insert " County Surveyor of the County of " or "County Surveyors of the Counties of and or " a qualified engineer, nominated by them," as the case may be.

(6) Insert "County Surveyor" or "County Surveyors" or "qualified Engineer," as the case may be.

(7) Delete whichever is not appropriate.

8) Insert date of meeting or meetings as the case may be

(9) Insert "meeting" or "meetings," as the case may be.

(10) Delete whichever of these paragraphs is not appropriate to the case.

(Or)

(10) NOW THEREFORE, in exercise of the powers vested in us by the Arterial Drainage (Minor Schemes) Act, 1928 , we, the joint committee appointed for the purpose by the County Councils of the Counties of     and      under the said Act do hereby at this our meeting held on the    day of     , 19  , prepare the following minor drainage scheme to effect the objects of the proposals contained in the said petition, that is to say :—

1. This scheme may be cited and referred to as the (1)     (    ) Minor Drainage Scheme, 19 .

2. The lands proposed to be drained or improved ; the turbary rights proposed to be benefited ; the occupiers of such lands and the owners of such turbary rights ; the estimated annual values of such lands and turbary rights ; the aggregate value of such values ; the estimated amounts by which the annual values of such lands and turbary rights are expected to be increased by the carrying out of this scheme ; the probable amount of the annual instalments to be payable by each occupier by means of a drainage rate towards the cost of the carrying out of this scheme together with the interest thereon ; and the period for which it is proposed that such instalments are to be payable are shown in the Schedule A annexed hereto.

3. The lands proposed to be drained or improved are those coloured    and indicated on the map No.    annexed hereto.

4. The rivers, waters and streams proposed to be dealt with and the drainage works proposed to be executed are shown in the Schedule B and coloured    and indicated on the Map No.   annexed hereto.

5. The lands, rights and property proposed to be acquired for the purposes of this scheme are those described in the Schedule D annexed hereto and coloured    and indicated on the Map No.   annexed hereto.

6. The probable total cost of carrying out this scheme as more particularly shown in Schedule C annexed hereto is estimated to be the sum of      Pounds

7*. The contribution proposed to be made by the County Council of the County of   [or] (the County Councils of the Counties of    ) towards the expenses incurred in carrying out this scheme is as follows :—

* Delete this paragraph if no contribution is proposed to be given by the County Council or County Councils.

8. The sum to be raised by means of the drainage rate for the purpose of the repayment of the expenses of carrying out this scheme after making allowance for the amounts of the State grant and the county contribution (if any) shall be a sum of      Pounds.

Sealed with the Seal of the County Council in the presence of :—

(L.S.)

............................................................ 

Chairman.

............................................................ 

Secretary.

(or in the case of a Joint Committee)

Signed by Order of and on behalf of the Joint Committee.

............................................................ .......

Chairman.

............................................................ 

/images/v04p0767.gif

Two Members of a Joint Committee.

............................................................ .......

Clerk.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE   (   ) MINOR DRAINAGE SCHEME, 192 .

SCHEDULE A.

No. of Ordnanace Sheet.

Refer-

ence No. of Lands on Ordnance Sheets.

Section.

Townland and District Electoral Division and County in which lands are situate.

Name of Occupier.

Address of Occupier.

Land affected. Area in Statute Measure.

Present annual value of lands exclusive of the value of any turbary rights. Rate per acre.

Total present annual value of lands exclusive of the value of any turbary rights.

Estimated increase in present annual value of lands exclusive of the value of any turbary rights. Rate per acre.

Total estimated increase in annual present value of lands exclusive of the value of any turbary rights.

Probable annual amount of drainage rate pro-

posed to be payable by each occupier over a period of

...............

years, tow-

ards cost of carrying out scheme.

TURBARY RIGHTS OVER OR IN RESPECT OF THE LANDS.

Name of Person owning turbary right.

Address of turbary owner.

Present Annual value of turbary right.

Estimated increase in annual value of turbary right.

Observations.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

A. R. P.

TOTALS

County of

County of

Gross Total

NOTE:—Lands situate in different counties should be grouped under the name of each county.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE   (   ) MINOR DRAINAGE SCHEME, 192 .

SCHEDULE B.

The following is a detailed statement of the drainage works proposed to be executed :—*

*Here should follow a full and precise statement in numbered paragraphs of the drainage works to be executed with reference to any maps and plans, drawings or sections annexed to the scheme.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE    (   ) MINOR DRAINAGE SCHEME, 19 .

SCHEDULE C.

The following is a detailed statement of the estimated cost of the scheme :—*

*The statement should be as full as possible and should also contain a financial statement showing how it is proposed that the cost will be borne, i.e., by the drainage rate ; by the State Grant; and by the County Contribution, if any.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

The     (     ) Minor Drainage Scheme, 19 .

SCHEDULE D.

STATEMENT of Lands, Rights and other property proposed to be acquired.

DESCRIPTION of Lands, rights or other property proposed to be acquired and Townland and District Electoral Division and County in which situate.

Area of Lands in Statute Measure.

Number of Ordnance Map.

Reference Number on Ordnance Map.

Owner or Reputed Owner.

Lessee or Reputed Lessee.

Occupier.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

County of........................

County of.......................

A. R. P.

NOTE.—Lands situate in different counties should be grouped under the name of each county.

FORM No. 2A.

FORM OF CONFIRMATION OF SCHEME.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

The (1)      (      ) Minor Drainage Scheme, Confirmation Order, 19 .

WHEREAS in pursuance of the Arterial Drainage (Minor Schemes) Act, 1928 (hereinafter referred to as the Act,) We, the (2)

(hereinafter referred to as the (3)        ) did prepare the minor drainage scheme set out in the Schedule hereunto annexed entitled the (1)   (    ) Minor Drainage Scheme, 19  (hereinafter referred to as " the Scheme ").

AND WHEREAS, We, the (3)

did within the time after the completion of the preparation of the Scheme prescribed by the Arterial Drainage (Minor Schemes) Regulations, 1928 (hereinafter referred to as " the Regulations ") deposit copies of the Scheme as required by section 8 of the Act and did keep the same open for inspection by any person at all reasonable times during the time prescribed by the Regulations for sending objections to the Scheme to us ;

AND WHEREAS We, the (3)

did in the manner and in the form prescribed by the Regulations serve the notices required to be served by sections 8 and 18 of the Act on the persons therein specified ;

AND WHEREAS the aggregate value as stated in the Scheme of so much of the lands proposed by the Scheme to be drained or improved as are in the occupation of persons who have duly informed us within the time prescribed by the Regulations that they dissent from the Scheme does not exceed one-half of the total value as stated in the Scheme of the lands so proposed to be drained or improved

AND WHEREAS we the          (3) did consider the confirmation of the Scheme at a meeting held on the day of      , 19  , and at an adjourned meeting held on the day of      , 19  , (4) of which not less than seven days' notice was sent to every member of the (3)      and given in the form and manner prescribed by the Regulations to the public ;

AND WHEREAS We, the (3)      have considered all the objections duly sent to us under the Act and have heard all persons whom we are required by section 9 of the Act to hear ;

AND WHEREAS the confirmation of the Scheme (without alteration) (4) or (with the alterations hereinafter appearing) (4) was passed at the said meeting [or said adjourned meeting] (4) by an absolute majority of the (3) ;

NOW THEREFORE, We, the (3)        in exercise of the powers vested in us by the Act do hereby at our said meeting held on the        day of       19  (4) (confirm the Scheme without alteration) or (4) (confirm the Scheme with the following alteration that is to say :—) (5)

Sealed with the Seal of the Council in the presence of :—

L.S.

............................................................ ........

Chairman.

............................................................ ........

Secretary.

(or if Scheme is confirmed by joint committee)

Signed by Order of and on behalf of the Joint Committee :—

............................................................ 

Chairman.

............................................................ 

............................................................ 

/images/v04p0777.gif

Two Members of the Joint Committee.

............................................................ 

Clerk.

(1) Insert name of scheme.

(2) Insert name of Drainage authority i.e., " the County Council of the County of " or " the Joint Committee appointed for the purpose by the County Councils of the Counties of " as the case may require.

(3) Insert either "Council" or "Joint Committee," as the case may be.

(4) Delete if not appropriate.

(5) Insert in space numbered paragraphs precise and accurate particulars of the alterations made in the Scheme.

FORM No. 3.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE   (    ) MINOR DRAINAGE SCHEME, 91

NOTICE TO OCCUPIERS OF LANDS PROPOSED TO BE DRAINED OR IMPROVED.

To (1)

of

The (2)

hereby give you notice that pursuant to the above-mentioned Act they have prepared the above-mentioned minor drainage scheme for the drainage and improvement of certain lands comprising amongst

others lands occupied by you containing    acres   roods

     perches in the Townland of

District Electoral Division of

and County of

Copies of the said Scheme have been deposited at (3)

and are open for inspection by you at all reasonable hours during the period of twenty-one days from the service of this notice.

You are hereby required to inform us in writing on the annexed form within twenty-one days from the service of this notice whether you assent to or dissent from the said drainage scheme and whether you have any objection thereto.

Dated this

day of

19 .

(Signed)

........................................................

Secretary or Clerk.

(1) Here insert name and address of person to whom the notice relates.

(2) Insert name of drainage authority.

(3) Here insert places at which copies of the scheme have been deposited

FORM No. 3A.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE   (   ) MINOR DRAINAGE SCHEME, 19 .

To the (1)..............................................

WHEREAS I, the undersigned, am the occupier of lands containing acres    

roods    perches in the Townland of            and District Electoral Division of       and County of       which are proposed to be drained or improved by the above-mentioned minor drainage scheme.

NOW I, the undersigned, do hereby declare as follows :—

(1) I (2)           the above-mentioned minor drainage scheme.

(2) (3) I have no objection to the above-mentioned drainage scheme.

(2) (3) I have the following objection to the above-mentioned drainage scheme.(4)

Dated this

day of

19 .

(Signed)

............................................................ ..........

(Address)

............................................................ .........

(1) Insert name of drainage authority by whom scheme was made.

(2) Insert whether you " assent to " or " dissent from " the scheme.

(3) Delete whichever is not appropriate.

(4) State here your objection to the Scheme, if any.

FORM No. 4.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE    (   ) MINOR DRAINAGE SCHEME, 19 .

NOTICE OF PROPOSED ACQUISITION OF LANDS, RIGHTS OR OTHER PROPERTY.

To (1) .........................................................

of ............................................................ 

The (2)

hereby give you notice that they propose in the above-mentioned minor drainage scheme to acquire (lands) (rights) (property) (3) described in the Schedule hereto of which you are (4)

    .

Copies of the said Drainage scheme have been deposited at (5)

and are open for inspection by you at all reasonable hours during the period of twenty-one days from the service of this notice.

Objection to the said drainage scheme must be sent to us in writing on the annexed form, within twenty-one days from the service of this notice upon you.

Dated this

day of

19  .

(Signed)

............................................................ ..

Secretary or Clerk.

(1) Insert name and address of person to whom notice relates.

(2) Insert name of drainage authority.

(3) Delete whichever is not appropriate.

(4) Insert whether owner, reputed owner, lessee or reputed lessee or occupier.

(5) Insert places at which copies are deposited.

FORM No. 4A.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE    (    ) MINOR DRAINAGE SCHEME, 19

NOTICE OF OBJECTION BY OWNER, LESSEE OR OCCUPIER OF LANDS, RIGHTS OR PROPERTY PROPOSED IN SCHEME TO BE ACQUIRED.

To (1)

........................................................

WHEREAS I, the undersigned, am the (2)

of the following (land) (right) (property) (3) which is proposed in the above-mentioned drainage scheme to be acquired, namely (4) :—

NOW I, the undersigned, do hereby declare that I have the following objection to the said drainage scheme (5) :—

Dated this

day of

19 .

 (Signed)

........................................................

(Address)

........................................................

(1) Insert name of drainage authority by whom scheme was made.

(2) Insert whether " owner," " lessee," or " occupier."

(3) Delete whichever is not appropriate.

(4) Insert a brief description of the land, right or property.

(5) State here the nature of the objection.

FORM No. 5.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE   (    ) MINOR DRAINAGE SCHEME, 19 .

NOTICE TO TURBARY OWNER.

To (1)

.......................................................

of....................................................

The (2)

hereby give you notice that pursuant to the provisions of the above-mentioned Act they have prepared a minor drainage scheme for the drainage and improvement of certain lands, including certain

bog land situate in the Townland of

District Electoral Division of                 and County of         from which turf (is at the preparation of the scheme being or capable of being obtained) (3) or (from which turf will as a result of the execution of such scheme be capable of being obtained) (3) and over or in respect of which you have the right of cutting and removing turf.

Copies of the said scheme have been deposited at (4)

and are open for inspection by you at all reasonable times during the period of twenty-one days from the service of this notice.

You are hereby required to inform us in writing in the annexed form within twenty-one days from the service of this notice whether you assent to or dissent from the said drainage scheme and whether you have any objection thereto.

Dated this

day of

19 .

(Signed)

............................................................ .....

Secretary or Clerk.

(1) Insert name and address of turbary owner.

(2) Insert name of drainage authority.

(3) Delete whichever is not appropriate.

(4) Insert places at which copies are deposited.

FORM No. 5A.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE    (   ) MINOR DRAINAGE SCHEME, 19 .

To (1)

................................................

WHEREAS I, the undersigned, am an owner of turbary rights over or in respect of certain bog land in the Townland of            , District Electoral Division of            , and County of         which are included in lands proposed to be drained or improved by the above-mentioned drainage scheme.

NOW I, the undersigned, do hereby declare as follows :—

1. I (2)       to the above-mentioned minor drainage scheme.

2. (3) I have no objection to the above-mentioned minor drainage scheme.

2. (3) I have the following objection to the above-mentioned minor drainage scheme :—(4)

Dated this

day of

19

(Signed)

............................................................ ........

(Address)

............................................................ ........

(1) Insert name of Drainage authority.

(2) Insert whether you " assent to " or " dissent from " the scheme.

(3) Delete whichever is not appropriate.

(4) State here your objection to the scheme, if any.

FORM No. 6.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE    (   ) MINOR DRAINAGE SCHEME, 19 .

PUBLIC NOTICE.

The (1)

hereby give notice that the confirmation of the above-mentioned minor drainage scheme will be considered by them at a meeting to be held on (2)           .

Any person bonâ fide aggrieved by or objecting to the said drainage scheme

may attend such meeting and will be heard by the said (3)

Dated this

day of

19 .

(Signed)

............................................................ ..

Secretary or Clerk.

(1) Insert name of drainage authority by whom scheme is made.

(2) Insert day, hour, and place of meeting.

(3) Insert " Council " or " Joint Committee," as the case may be.

FORM No. 7.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

THE   (    ) MINOR DRAINAGE SCHEME, 19 .

NOTICE OF CONFIRMATION OF SCHEME.

To (1)

.........................................................

of

.........................................................

The (2)

hereby give you notice that they did at a meeting duly held on the        day of       19  , at      by an absolute majority, confirm the above-mentioned minor drainage scheme (without alteration) (3) (or) (with the following alteration (s) (3) ) (4)

Dated this

day of

19 .

(Signed)

............................................................ .........

Secretary or Clerk.

(1) Insert name and address of person

(2) Insert name of drainage authority.

(3) Delete whichever is not appropriate.

(4) If the scheme is confirmed with alterations a brief statement of the alterations should be here set forth.

FORM No. 8.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928 .

DEMAND OF JOINT DRAINAGE COMMITTEE FOR EXPENSES OF CARRYING OUT A MINOR DRAINAGE SCHEME.

To the County Council of the County of

............................................................ ........

The Joint Committee appointed by the County Councils of the Counties of    

        for the purposes of the above-mentioned Act hereby transmit to the County Council of the County of                a copy of the      (   ) Minor Drainage Scheme, 19 as duly confirmed and do hereby demand from the said County Council the sum of

being the proportion of the probable cost of carrying out the said Scheme as stated therein, apportioned to the said County Council in accordance with section 12 (5) of the said Act.

The Joint Committee hereby demand that the above-mentioned sum shall be supplied to them by the said County Council by transferring out of the County Fund to the credit of the Joint Committee at the       Branch of the         Bank (being the Treasurer of the Committee) a portion of the said sum equal to       as soon as may be after the receipt of this demand, and the balance in such instalments and at such times as the Joint Committee shall from time to time by resolution require.

Signed by Order and on behalf of the Joint Committee.

............................................................ ..

Chairman.

............................................................ ..

Clerk.

Dated this

day of

19 .

FORM No. 9.

THE ARTERIAL DRAINAGE (MINOR SCHEMES) ACT, 1928

ANNUAL ESTIMATE AND DEMAND OF JOINT DRAINAGE COMMITTEE FOR EXPENSES OF MAINTENANCE OF MINOR DRAINAGE WORKS.

To the County Council of the County of

..........................................................

The Joint Committee appointed by the County Councils of the Counties of

    for the purposes of the Arterial Drainage (Minor Schemes) Act, 1928 , hereby transmit to the County Council of the County of        the annexed tables showing the estimated liabilities and expenditure and the estimated revenue of the Joint Committee for the ensuing local financial year ending the 31st day of March, 19 , in respect of the maintenance of minor drainage works together with the calculation of the sums required to meet the expenses of the Joint Committee for the purpose aforesaid during the said local financial year (the total amount being £    ) and the apportionment thereof to the above-mentioned Counties.

The Joint Committee hereby demand that the proportion of the above-mentioned sum to be supplied to them by the County Council of the County of         shall be supplied as follows :—

By transferring out of the County fund at the first meeting of the said County Council held in each quarter of the said local financial year to the credit of the Joint Committee in the

   Branch of the     Bank (being the Treasurer of the Committee) a sum equal to one-fourth part of the sum of £   specified in the annexed Table (c) as being the proportion to be supplied by the County Council.

Signed by Order of and on behalf of the Joint Committee.

............................................................ .

Chairman.

............................................................ .

Clerk.

Dated this

Day of

19

TABLE (a)

Head of Account.

Expenditure or estimated expenditure for the current financial year ending 31st March next

Estimated expenditure for the ensuing financial year ending 31st March, 19  .

Observations of Clerk

1

2

3

4

For the maintenance of the drainage works executed under the.................... Minor Drainage Scheme, 19 .

£

£

.....................................

.....................................

.....................................

For the maintenance of the drainage works executed under the ............... Minor Drainage Scheme, 19 .

.....................................

.....................................

.....................................

Note:—The estimated expenditure should be subdivided under appropriate heads.

TABLE (b)—ESTIMATE OF PROBABLE REVENUE OF JOINT COMMITTEE

(Other than money supplied on demand.)

HEAD OF ACCOUNT.

Revenue or estimated revenue for the current financial year ending 31st March next.

Estimated Revenue for the ensuing financial year ending 31st March, 19 .

Observations of the Clerk accounting for increases or decreases.

(1)

(2)

(3)

(4)

£

£

TOTAL

TABLE (c)—SHOWING THE CALCULATION AND APPORTIONMENT OF THE SUM REQUIRED BY THE JOINT COMMITTEE FOR THE SERVICE OF THE ENSUING FINANCIAL YEAR ENDING THE 31ST DAY OF MARCH, 19 .

Counties liable to contribute.

ESTIMATED CASH TRANSACTIONS OF ENSUING FINANCIAL YEAR ENDING 31ST MARCH, 19  .

Net sum required as per annexed Demand being the excess of amount in Column (5) over the amount in Column (8).

Liabilities.

Revenue

Revenue.

Total of drainage assessments of land in County.

Balance or estimated balance against at close of current financial year ending 31st March, next.

Apportioned share of estimated Expenditure. Table (a) Column (3).

Total liabilities.

Balance or estimated balance in favour at close of current financial year ending 31st March, next.

Apportioned share of estimated receipts not including money supplied by County Council. Table (b) Column (3)

Total means.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

COUNTY...................

For the maintenance of drainage works executed under the ........................Minor Drainage Scheme, 19 .

COUNTY.................

For the maintenance of drainage works executed under the

............................... Minor Drainage Scheme, 19 .

£

£

£

£

£

£

£

£

TOTAL