Drainage (Ireland) Act 1845
DRAINAGE (IRELAND) ACT 1845 | ||
CAP. LXIX. | ||
An Act to amend an Act of the Sixth Year of Her present Majesty, for promoting the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland. [31st July 1845.] | ||
5 & 6 Vict. c. 89. | ||
Apportioned Expences of Works to be charged on Lands. | ||
‘WHEREAS by an Act passed in the Sixth Year of the Reign of Her present Majesty, intituled An Act to promote the Water Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland, it is amongst other things enacted, that if the Proprietors of Two Thirds or more in Extent of the Lands proposed to be drained or improved by Drainage under the Provisions of the said Act should have assented in Writing to the Execution of the proposed Works, the Commissioners acting in execution of said Act should make and sign a Declaration describing the Lands proposed to be drained or improved, and declaring the then actual Value thereof, and the Increase in such Value by means of the proposed Works, and the Proportion in which such Lands should be chargeable towards the Expence of the proposed Works, such Proportion being fixed according to such actual Value and such estimated Increase as aforesaid, and also starting the several other Matters and Things in and by the said Act authorized and required; and it is by the said Act further enacted, that it should and might be lawful for the Commissioners appointed under the said Act, from Time to Time as Occasion should require, to borrow and take up at Interest any Sum or Sums of Money required for defraying the Costs, Charges, and Expences to be incurred by them in the Execution of any Works for the Drainage and Improvement of any Land, or the Navigation of any River, or the Formation of any Reservoir under or by virtue of the said Act, and that the Repayment of such Sum or Sums of Money, with Interest at a Rate not exceeding Five Pounds per Centum per Annum, should be secured to the Party lending the same upon the Monies accruing to the said Commissioners under or by virtue of the Award to be made by the said Commissioners as in the said Act mentioned; and it is in and by the said Act further enacted, that as soon as conveniently might be after any Works for the Drainage or Improvement of any Land or the Navigation of any River under the said Act, or any other Work by the said Act authorized, should have been completed, the Commissioners should draw upon Award or Instrument in Writing in the Manner and Form therein particularly mentioned and described, and that the respective Sums of Money which by the Award of the said Commissioners should be specified as the Proportions or Contributions payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage, or by any Works under the said Act, towards the total Amount of the Sums expended in and about such Drainage or Improvements as not aforesaid, with Interest for such respective Sums of Money at a Rate not exceeding Five Pounds per Centum per Annum from the Date of such Award, should be charged on such several Parcels or Portions of the Land so drained or improved as aforesaid, and that in preference to and with Priority over all Incumbrances on such Land: Provided nevertheless, that any Quit or Chief Rent issuing thereout, or other Incumbrance thereon, previously to the Date of the said Award, should have Priority to such Charges to the Extent of the Value of such Land before the Improvements were effected, but no further; and the same respective Sums of Money, with such Interest for the same as aforesaid, should also be charged upon so much of any other Land situate within One Mile of any Part of the Lands so drained or improved, and settled with the Lands so drained or improved to the same Uses, Intents, and Purposes, by virtue of Limitations contained in the same Instrument or the same Set of Instruments, as the said Commissioners should by their said Award, or any Instrument under their Hands and Seals enrolled in the Rolls Office, direct, limit, and appoint, having regard to the Sufficiency of the said Lands to satisfy and secure the Charge thereon, but subject, as to such other Land, to the full Amount of all Incumbrances affecting the same prior to the Date of the said Award: And whereas Applications have been made to the said Commissioners for the Drainage of Land, and the Improvement of Navigation and Water Power of several Rivers and Lakes, in Ireland, and Undertakings and Works for those Purposes are now in progress under the Direction of the said Commissioners: And whereas it is expedient and just that the Monies to be charged upon Lands by any such Award as aforesaid shall take Priority and have Effect as to such Lands from the Date of the said Declaration in and by the said Act authorized, instead of the Date of the said Award; and for the more effectual Attainment and Extension of the Benefits likely to arise from the said Act it is expedient to facilitate the raising of Monies for the Purposes thereof, and to amend the said Act in certain other respects as herein-after mentioned:’ 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, That in the Case of all Loans to be effected and Declarations to be made by the said Commissioners after the passing of this Act under the Provision of said recited Act or this Act, the respective Sums of Money which, by the Award to be made by the said Commissioners, shall be specified as the Proportions or Contributions payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage, or by any Works under the said Act or this Act, towards the total Amount of the Sums expended in and about such Drainage or Improvements as aforesaid, with Interest for such respective Sums of Money at the Rate not exceeding Five Pounds per Centum per Annum, shall from the Date of such Declaration be charged on such several Parcels or Portions of the Land so drained or improved as aforesaid, and that in preference to and with Priority over all Incumbrances other Incumbrance thereon, previously to the Date of the Memorandum of the Registry of such. Declaration, as by this Act authorized and directed to be made by the said Commissioners, shall have Priority to such respective Sums of Money so charged to the Extent of the Value (as stated by the the said Commissioners in any such Declaration), of such Land before the Improvements were commence, but no further; and the same respective Sums of Money, with such Interest for the same as aforesaid, shall also be charged upon so much of any other Land situate within One Mile of any Part of the Lands so drained or improved, and settled with the Lands so drained or improved, to the same Uses, Intents, and Purposes, by virtue of Limitations contained in the same Instrument or the same Set of Instruments, as the said Commissioners shall by the said Award, or any Instrument under their Hands and Seals, and enrolled in the Rolls Office, direct, limit, and appoint, having regard to the Sufficiency of the said Lands to satisfy and secure the Charge thereon, but subject, as to such other Land as aforesaid, not being Part of the Lands so drained or improved, to the full Amount of all Incumbrances affecting the same prior to the Registry of the Memorandum of such Declaration. |