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Power to Commissioners of Public Works to charge Amounts which may be found due for Compensation, &c.
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IX. ‘Whereas by the said Act of the Sixteenth and Seventeenth Victoria, Chapter One hundred and thirty, it is amongst, other things enacted, that it should be lawful for the said Commissioners of the Treasury to authorize and direct the said Commissioners of Public Works in Ireland, by their Award to be made under the said Acts, to charge upon the Lands made liable under such Award such lesser Sum than the full Amount of the Expenses of and incidental to Works as to the said Commissioners of the Treasury might under the Circumstances of each Case appear just; provided always, that in all Cases the whole Amount of the Purchase Money or Compensation payable in respect of Land taken for or injuriously affected by any Works commenced and completed or executed, should be included in or charged under the Award to be made in relation to such Works: And whereas it frequently happens that Claims are made after Completion of the Works in the District, and in respect of which an Award has been made or is about to be made, and at Times when there are no Funds in the Hands of the said Commissioners or otherwise available for or properly applicable to the Payment of such Claims; and it is expedient to authorize the Commissioners in such Cases, within such limited Times as herein-after mentioned, in case it shall in their Discretion seem expedient so to do, to make a further or additional Award for the Purpose of charging the Amount of Purchase Money or Compensation which may be found to be due to any Person upon the Proprietors of Lands in the District in respect of the said Drainage whereof such Claims shall arise, and to limit the Time within which all Claims for Compensation or otherwise may be made:’ Be it therefore enacted. That in all Cases where after the Completion of the Works in any District, whether before or after the making the Final Award in relation to such Works, any Person shall be awarded or otherwise be entitled to be paid Purchase Money or Compensation in respect of Injury sustained or arising from such Drainage, or the Works incidental thereto, it shall be lawful for the Commissioners of Public Works, without Meeting or other preliminary Proceeding, in case they deem it proper or expedient so to do, by the first or by an additional Award or Awards, in such Form as the said Commissioners may think proper, from Time to Time to charge upon the Lands of the Proprietors within such District the Amount which may be found to be due for such Purchase Money or Compensation to be paid to the Person entitled to the same, as and when the same shall be received by the said Commissioners, such Sum or Sums by any such additional Award to be charged upon and paid out of the several Lands of the Proprietors in the District in such and the same Manner, and with the same Priority, and the same Rights, Privileges, and Powers for the Recovery thereof, as in and by the said Acts, or any of them, are given for the Recovery of the Sum specified in the Final Award: Provided nevertheless, that the Commissioners may declare that the Sums mentioned in such further or additional Awards shall be paid and payable at such Times and by such Instalments as the said Commissioners shall therein for that Purpose limit and direct, so nevertheless that the entire Amount thereof shall be payable as between the said Proprietors of Lands in the said District in the same Proportions as the Sum charged by the Final Award in such District.
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