Drainage and Improvement of Lands Act (Ireland) 1863

Regulation as to Drainage Boards.

13. Subject to any Provisions to the contrary that may be made by the Order constituting the District, the following Regulations shall be made with respect to Drainage Boards:

(1.) The Members of the First Drainage Board shall be named by the Commissioners in the Order constituting the Drainage District, and such Order shall fix the Number of which the Board is to consist, the Mode of summoning the First Meeting of the Board, the Qualification of subsequent Members of the Board and the Time at which the first and subsequently appointed Members of the Board are to vacate their Offices, such Time not being later than the End of the Month of September in the Year following that in which such Order is made:

(2.) The Members of every Board succeeding the First Board shall vacate their Offices on the First Thursday in September in each succeeding Year, or on such other Day as may be prescribed by the Board:

(3.) The Offices of vacating Members shall be filled up by an equal Number of qualified Persons, to be elected as herein-after mentioned:

(4.) Every Member of a Drainage Board going out of Office shall be re-eligible; and if at any Time when an Election of Members ought to take place, the Places of any retiring Members are not filled up, the retiring Members whose Places are not filled up shall continue in Office until the succeeding Year:

(5.) Any casual Vacancy occurring in the Board may be filled up by the Board; but any Person so chosen shall retain his Office so long only as the vacating Member would have retained the same if no Vacancy had occurred:

(6.) During any Vacancy in the Board the continuing Members shall act as if such Vacancy had not occurred:

(7.) Any Person who acts as Member of a Drainage Board without being qualified as required by the Order of the Commissioners shall incur a Penalty not exceeding Fifty Pounds; and in any Proceeding for the Recovery of such Penalty the Burden of proving Qualification shall be upon the Person against whom such Proceeding is taken:

(8.) All Acts done by any Meeting of a Drainage Board, or of any Committee of a Drainage Board, or by any Person acting as a Member of a Drainage Board, shall, notwithstanding it maybe afterwards discovered that there was some Defect in the Appointment of any such Board or Person acting as aforesaid, or that they or any of them were or was disqualified, be as valid as if every such Person had been duly appointed and was qualified to be a Member.