Drainage Maintenance Act, 1866

DRAINAGE MAINTENANCE ACT 1866

CAP. XLIX.

An Act to provide for the better Maintenance of Works executed under the Acts for the Drainage of Lands in Ireland. [16th July 1866.]

5 & 6 Vict. c. 89.

26 & 27 Vict. c. 88.

WHEREAS by an Act of Parliament of the Session held in the Fifth and Sixth Years of Her Majesty, Chapter Eighty-nine, and by certain other Acts amending, or varying the Provisions of the same, Provision is made for the Appointments of Trustees for the Maintenance of Drainage Works executed under the Powers of the said Acts, and for the charging and levying such Sums as may be necessary for the Maintenance and Conservancy of such Works: And whereas large Sums of Public Money have been advanced and expended in the Drainage and Improvement of Lands under the Provisions of the said Acts, and the Lands so drained and improved form the Security for Repayment of such Advances: And whereas it is frequently found that Lands improved by such Drainage Works are allowed to be injuriously affected by reason of the insufficient Maintenance of such Works; and the Trustees of the Districts in which such Lands are included neglect in many Instances to maintain or repair the said Works, and to take such Proceedings as may be necessary to secure the Lands in the District against Deterioration arising from such Neglect, and by reason thereof the said Lands are prejudicially affected as to the Security for the Repayment of such Expenditure, and no efficient Remedy in such Cases is provided by the said Acts: And whereas an Act was passed in the Session of Parliament held in the Twenty-sixth and Twenty-seventh Years of the Reign of Her Majesty, Chapter Eighty-eight, intituled An Act to enable Landed Proprietors to construct Works for the Drainage and Improvement of Lands in Ireland; and Provision is by the said Act and the Acts since passed amending the same made for the Advance of Public Monies to Drainage Boards constituted under the said last-mentioned Acts to be expended upon the Drainage and Improvement of Lands within their respective Districts, and to be secured upon such Lands; and Provision is also thereby made for Maintenance of the Works constructed by such Drainage Boards by means of Rates assessed upon the Lands within such Districts, and the Proprietors thereof, according to the Proportions specified in the Awards in the said last-mentioned Act mentioned: And whereas the Advantages to be derived from Works of Drainage are dependent upon the proper Maintenance of such Works: And whereas it is apprehended that Difficulty may be experienced in enforcing the future Maintenance of the Works so constructed by such Drainage Boards, and it is expedient that further Provision should be made for the Maintenance of all such Drainage Works executed under the Provisions of the said Acts, or any of them:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: