District of Fergus Drainage Act, 1943
|
Making of a charging order by the Commissioners. |
7.—(1) As soon as may be after the passing of this Act the Commissioners shall make an order (in this section and elsewhere in this Act referred to as the charging order under this Act) charging in accordance with this section the following sums (in this section referred to as the charged sums) with interest thereon from the date of the order at the general rate applicable to drainage loans made by the Commissioners at the times at which the advances making up the capital sum mentioned in paragraph (a) of this sub-section were made by the Commissioners, that is to say:— | |
(a) the capital sum of eleven thousand one hundred and seventy-two pounds, eleven shillings, and three pence mentioned in clause (B) of paragraph 2 of the Scheduled Consent, and | ||
(b) the sum of two hundred and eighty-two pounds, ten shillings, and four pence owing to the Commissioners on foot of the advance made by them to the trustees of the Fergus District in the year 1918, and | ||
(c) a sum equal to seventy-five per cent. of the total amount of the costs and expenses (as estimated by the Commissioners) of and incidental to the preparation and completion of the order. | ||
(2) The following provisions shall apply and have effect in relation to the charging order under this Act, that is to say:— | ||
(a) the said order shall be expressed and shall operate to charge the several lots or parcels of land comprised in the lands specified in Schedule A to the Final Award dated the 30th day of October, 1860 (other than and excepting the lands described in the Second Schedule to this Act) with the payment of the charged sums and the interest thereon to the council of the county in which the lot or parcel is situate by forty equal half-yearly payments on the days appointed by the order, the first of such days to be six months, as nearly as conveniently may be, after the date of the said order; | ||
(b) the Commissioners shall set out in the said order the several lots or parcels of the lands thereby charged in pursuance of the foregoing paragraph of this sub-section and the decimal proportions in which the said lots or parcels shall be so charged; | ||
(c) the said decimal proportions shall be calculated and fixed by the Commissioners and shall, without any further order, be the proportions in which the said several lots or parcels shall be respectively liable to contribute to the payment of the charged sums and the interest thereon and to the drainage maintenance rate in the Fergus District and no such lot or parcel shall be liable to contribute a greater proportion of the said charged sums, interest, or rate; | ||
(d) in calculating the said decimal proportions the Commissioners shall have due regard to the fact that the lands described in the Second Schedule to this Act are excluded from the lands charged by the said order, and the Commissioners may have regard to the copies in their possession of the maps, valuers' books and other documents prepared in connection with the formation of the Fergus District; | ||
(e) the said order shall also be expressed and shall operate to charge the respective county funds of the Clare Council and the Galway Council with the payment at the times and in the manner stated in the said order to the Commissioners of the charged sums and the interest thereon rateably in the proportions (which shall be stated in the said order) in which the amounts of the charged sums and the interest thereon are charged by the said order on lands in the county of Clare and lands in the county of Galway. | ||
(3) All interest owing to the Local Loans Fund on the date of the charging order under this Act by either of the Councils in respect of the capital sum of eleven thousand one hundred and seventy-two pounds, eleven shillings, and three pence included in the charged sums is hereby remitted and accordingly shall not be payable or recoverable. | ||
(4) The sum of two hundred and eighty-two pounds, ten shillings, and four pence included in the charged sums is hereby declared to be the total amount (notwithstanding any penal interest or poundage which may have accrued) owing at the passing of this Act to the Commissioners on foot of the advance made by them to the trustees of the Fergus District in the year 1918. | ||
(5) The sum included in the charged sums in respect of the costs and expenses of and incidental to the preparation and completion of the charging order under this Act shall be advanced from the Local Loans Fund and shall be repayable and recoverable in the manner provided by this Act. | ||
(6) So much of the charged sums and the interest thereon as is charged on the county fund of either of the Councils by the charging order under this Act shall be paid to the Commissioners by such Council at the times and in the manner stated in the said order and shall be so paid by such Council out of the moneys collected by such Council from the proprietors or occupiers of the several lots or parcels of land in the county of such Council on which the charged sums and the interest thereon are charged by the said order and, if and so far as the moneys so collected are not sufficient, the deficiency shall be so paid by such Council out of the county fund and be raised by means of the poor rate as á county-at-large charge. | ||
(7) In addition and without prejudice to any method of recovery under any other Act, moneys payable to the Commissioners by either of the Councils under the next preceding sub-section of this section may be recovered by the Commissioners from such Council by action at law. |