District of Fergus Drainage Act, 1943

Acquisition of land by the Clare Council.

2.—(1) It shall be lawful for the Clare Council to acquire, in accordance with clause (A) of paragraph 1 of the Scheduled Consent and either by agreement or compulsorily, the lands described in the Second Schedule to this Act in fee simple freed and discharged from all rents, annuities, charges, and encumbrances whatsoever at the price of sixteen pounds per statute acre.

(2) It shall be lawful for the Councils to release each of the proprietors of the lands described in the Second Schedule to this Act from all drainage rates due or accruing due to the Councils by such proprietor in respect of his portion of the said lands at the date of the conveyance thereof to the Clare Council.

(3) It shall be lawful for the Clare Council to release each of the occupiers of the lands described in the Second Schedule hereto from all poor rate due or accruing due to the said Council by such occupier in respect of his portion of the said lands at the date of the conveyance thereof to the said Council, and for that purpose it shall be lawful for the said Council to make all requisite apportionments of poor rate where portion only of a rated holding is included in the said lands.

(4) The lands described in the Second Schedule to this Act, when conveyed to the Clare Council, shall form part of the drainage works of the Fergus District and may be used by the Councils as an overflow reservoir or for any other purpose connected with the working or maintenance of the said drainage works.

(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , as amended or adapted by or under subsequent enactments shall apply to the compulsory acquisition by the Clare Council of so much of the lands described in the Second Schedule to this Act as is not acquired by agreement and for the purpose of such application the Clare Council shall be deemed to be the promoter of the undertaking.