Arterial Drainage Act, 1945

• Permanent Page URL

Provision in respect of certain drainage schemes under the Arterial Drainage Acts, 1925 and 1929.

58.—(1) In this section—

the expression “the Act of 1925” means the Arterial Drainage Act, 1925 (No. 33 of 1925), and the expression “the Act of 1929” means the Arterial Drainage (Amendment) Act, 1929 (No. 18 of 1929).

(2) Notwithstanding anything to the contrary contained in the Act of 1925, the following provisions shall apply and have effect in relation to the Mulkear and Cappamore Drainage Scheme (in this sub-section referred to as the Scheme) prepared by the Commissioners under the said Act and confirmed by the Minister for Finance on the 20th day of October, 1933, that is to say:—

(a) section 14 and sub-sections (1) to (4) of section 15 of the Act of 1925 shall not apply or have effect in relation to the Scheme;

(b) as soon as may be after the passing of this Act, the Commissioners shall prepare a final award in respect of the Scheme;

(c) the Commissioners shall, in and by the said final award, declare—

(i) that the total amount of the costs and expenses incurred by the Commissioners in the execution of works in pursuance of the Scheme and generally in carrying out the Scheme is the sum of thirty-six thousand, nine hundred, and fifty-one pounds, and four pence, and

(ii) that the Minister for Finance has paid, out of moneys provided by the Oireachtas, the sum of eighteen thousand, four hundred, and seventy-five pounds, ten shillings and two pence towards the said costs and expenses, and

(iii) that the council of the county of Limerick has paid to the Commissioners the sum of thirteen thousand, four hundred, and twenty-five pounds, ten shillings, and nine pence towards the said costs and expenses, and

(iv) that the balance of the said costs and expenses over and above the said sums paid by the said Minister and the said council respectively amounts to the sum of five thousand and forty-nine pounds, nineteen shillings, and five pence and was advanced by the Commissioners, and

(v) the amount of the terminable annuity by which the sum advanced by the Commissioners is to be repaid in accordance with section 16 of the Act of 1925;

(d) the drainage district constituted by the said final award shall be an existing drainage district for the purposes of this Act and the provisions of this Act in relation to existing drainage districts shall apply thereto accordingly, and the said final award shall be in such form and shall contain such provisions as shall appear to the Commissioners to be requisite in consequence of the said application of the said provisions of this Act;

(e) subject and without prejudice to the foregoing provisions of this sub-section and so far as is not inconsistent therewith, the said final award shall contain all such provisions as are required by the Act of 1925 to be contained in a final award under that Act, and shall be deemed to be the final award made in pursuance of the said Act in respect of the Scheme, and sub-sections (5) and (6) of section 15 of the said Act shall apply and have effect in relation to the said final award accordingly.

(3) Immediately upon the passing of this Act the council of the county of Limerick shall pay to the Commissioners such sum as with the sums heretofore paid by the said council to the Commissioners on foot of the advances made by the Commissioners in respect of the said council's contribution towards the costs and expenses of the Mulkear and Cappamore Drainage Scheme and the interest on those advances will make up the following sums, that is to say:—

(a) the sum of thirteen thousand, four hundred, and twenty-five pounds, ten shillings and nine pence (being the total amount of the said advances), and

(b) interest on each of the sums making up the said advances from the respective dates on which such sums were made available by the Commissioners up to the date of repayment thereof, such interest being calculated, in respect of each such sum, at the rate at which interest was charged on loans from the Local Loans Fund at the time when such sum was made available as aforesaid.

(4) Money payable by the council of the county of Limerick to the Commissioners under the next preceding sub-section of this section may be paid by such council out of their county fund or by borrowing, and section 22 of the Act of 1925 shall apply and have effect in respect of the said money as if such money were directed by that Act to be paid out of the said county fund or by borrowing.

(5) Every final award made or purported to have been made by the Commissioners under the Act of 1925 or under that Act as amended by the Act of 1929 or under any other Act before the passing of this Act (other than the final award purported to have been made by the Commissioners on the 29th day of July, 1942, in respect of the Mulkear and Cappamore Drainage Scheme) is hereby confirmed and declared to be and always to have been valid and incapable of being questioned on any ground notwithstanding the invalidity (if any) of the relevant draft award or any discrepancy between such final award and such draft award and notwithstanding, in the case of the final award made by the Commissioners on the 9th day of July, 1941, in respect of the Maigue and Loobagh Drainage Scheme, any order of the High Court made after the 18th day of October, 1944, and before the passing of this Act.