Drainage and Improvement of Lands Act (Ireland) 1863

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SAVING CLAUSES AND MISCELLANEOUS.

Saving Rights of Canal Owners, Wharfingers, &c.

68. Nothing in this Act shall authorize any Drainage Board or Proprietor—

(1.) To interfere with any Sewers or other Works already or hereafter made and used for the Purpose of draining, preserving, irrigating, or improving Land under any Public, Local, or Private Act of Parliament, so as to injuriously affect the same;

(2.) To interfere with any Lake, River, Canal, Dock, Harbour, Lock, Reservoir, or Basin, or the Supply of Water to any Lake, River, Canal, Dock, Harbour, Lock, Reservoir, or Basin, so as to injuriously affect the Navigation on such Lake, River, Canal, Dock, Harbour, Lock, Reservoir, or Basin, or the Use or Maintenance thereof, or to interfere with any Towing-path so as to interrupt the Traffic thereof, in Cases where any Corporation, Company, Undertakers, Commissioners, Conservators, Trustees, or Individuals are by virtue of any Act of Parliament or otherwise entitled to navigate on or use such Lake, River Canal, Dock, Harbour, Lock, Reservoir, or Basin, or in respect of the Navigation on or Use of which Lake, River, Canal, Dock, Harbour, Lock, Reservoir, or Basin any Corporation, Company, Undertakers, Commissioners, Conservators, and Trustees, or Individuals are entitled by virtue of any Act of Parliament the Receipt of any Tolls or other Dues;

(3.) To interfere with the Works or Supply of Water of any Body or Persons, corporate or unincorporate, supplying Water to any Town or Place, so as to injuriously affect the same;

(4.) To execute any Works in, through, or under any Wharfs, Quays, Docks, Harbours, or Basins belonging to the Proprietor or Proprietors of any inland Navigation constituted by Act of Parliament or otherwise, or for the Use of which they are entitled by virtue of any Act of Parliament or otherwise to demand any Tolls or Dues;

without the Consent of such Corporation, Company, Undertakers, Commissioners, Conservators, Trustees, or Individuals as are herein-before in that Behalf respectively mentioned, such Consent to be expressed in Writing, in the Case of Individuals under their Hands, in the Case of a Corporation under their Common Seal, and in the Case of a Company, Undertakers, Commissioners, Conservators, or Trustees under the Hand of their Clerk, or other duly authorized Officer or Agent.