Drainage (Ireland) Act 1847

Where under recited Acts a free Grant of a Moiety or more of the Cost of any Navigation shall be made, the Residue of the Cost to be charged upon the Districts benefited, without previous Presentment.

III. ‘And whereas by the said Act of the Ninth Year of Her Majesty’s Reign it was also enacted, that in all Cases where for the Purposes of Navigation connected with Drainage a free Grant of a Moiety or more of the Expence of making or improving any such Navigation should be made under the Authority of Parliament, and the other Moiety or Residue of the Expence of making or improving such Navigation should be raised or advanced by way of Loan under the Provisions of the said herein-before recited Acts, or of the Act now reciting, then such Moiety or Residue so raised or advanced should, with Interest from the Date of such Loan, be charged upon the District which by the Declaration to be made in such Case by the Commissioners in the said Act mentioned, under the Provisions of the said first-recited Act, it should be declared would be benefited by the making or improving of such Navigation, and the several Baronies, Half Baronies, and Townlands in such District, and should be repaid by and levied from such Baronies, Half Baronies, and Townlands in the Proportions in which it should be so declared that such Baronies, Half Baronies, and Townlands would be respectively benefited, in One Sum, or by Instalments, under and subject to the several Provisions and Regulations in the said therein recited Acts or the Act now reciting contained in relation to the Levy and Recovery of any Sums which, under the final Award of the said Commissioners, should be payable by the Grand Jury of any County in respect of the Improvement of the Navigation of any River: And whereas it is expedient to explain and confirm the Provision last herein-before recited, and to make such further Provisions as are herein-after contained;’ be it enacted and declared, That notwithstanding any thing in the herein-before recited Acts contained, in all Cases where, for the Purposes of Navigation connected with Drainage, a free Grant of a Moiety or more of the Expences of making or improving any such Navigation shall be or shall have been made by the Authority of Parliament, and the other Moiety or Residue of the Expence of making or improving such Navigation shall be or shall have been raised or advanced by way of Loan, under the aforesaid Provisions, then such Moiety or Residue so raised or advanced shall, as by the last-recited Act provided, be charged upon the District therein mentioned, and the several Baronies, Half Baronies, and Townlands in such District, and shall be repaid by and levied from such Baronies, Half Baronies, and Townlands, as by the said Act provided, without any Declaration of the Justices and associated Cess-payers, and without any Presentment previously made by the Grand Jury of the County or any of the Counties wherein such District as aforesaid shall be situate; and in all such Cases all Proceedings hitherto taken by or before the Commissioners for the Execution of the said Acts, under the said last-recited Provision, and all Loans, if any, made to them, and all Securities given by them for the same, under such Provision, shall be valid and effectual, notwithstanding any Omission or Defect as regards any such Declaration or Presentment as aforesaid.