Drainage (Ireland) Act 1842

Commissioners or Trustees to hold annual Meetings, and fix the Amount to be raised for Maintenance and Repairs for the ensuing Year.

CXXI. ‘And for the Purpose of effectually sustaining and upholding, in all Cases in which Works shall be executed under this Act, all and singular the Drains, Watercourses, Banks, Sluices, Floodgates, Tunnels, Watergates, Buildings, Bridges, Steam or other Engines and other Works, and of supplying in such Cases all Things that may be required to work the same, and for the Payment of all necessary Expences of Maintenance of Works of Drainage, Reservoirs, and Water Power, and all other Expences incident thereto,’ be it enacted, That it shall be lawful for the said Commissioners (or, in Cases where Trustees are appointed, for the said Trustees,) an they are hereby respectively authorized and required, once in every Year, to meet in some convenient Place, and then to determine and fix the Sum of Money that shall be contributed and raised during the then ensuing Year for the Purposes of effecting, sustaining, supporting, and upholding all and singular the aforesaid Works, and for other the Purposes of this Act, and (having regard to and in the Proportions fixed for such Purpose by the said Commissioners in their Award) to assess, rate, and tax the Proprietors of the said Land for and towards the Payment and Satisfaction of all such Sums of Money, Costs, Charges, and Expences as may be required for the Purposes last aforesaid, and for the Payment and Satisfaction of any Sum of Money raise such Purposes, and the Interest thereof; and the said several Sums so rated and assessed shall be charged on the Land so drained or improved in preference to and with Priority over all Incumbrances thereon : Provided nevertheless, that any Quit Rent or Chief Rent or other Incumbrance thereon previous to the Date of the final Award herein-before mentioned shall have Priority to such Sums of Money so rated or assessed to the Extent of the Value of such Land before the Improvements were effected, but no further; and the said Commissioners and Trustees respectively shall have the same Powers, Rights, and Privileges, by Entry or Mortgage, to enforce the Payment of all such last-mentioned Sums of Money, Costs, Charges, and Assessments as are herein-before given to the said Commissioners for the enforcing Payment of the Sums charged under their Award as aforesaid; and at every such Meeting held by such Trustees all Questions shall be determined by the Majority of the Trustees who shall be present, and such Majority shall and may exercise all the Powers and Authorities given to the Trustees by this Act without the Concurrence of the other or others of them.