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Tenant may be substituted for proprietor by Board of Works in certain cases.
41 & 42 Vict. c. 59.
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3. If, within the time limited for making objections to the report of the inspector sent by the Board of Works to make inquiries respecting the proposed formation of any drainage district pursuant to the provisions of the Drainage Acts, the proprietor of any land included within the proposed district dissents from or does not assent to the formation of such district, the person occupying such land as tenant may apply to the Board of Works to be substituted for the proprietor for the purposes of the said Acts; and if, after the Board of Works have served on the said proprietor notice of the said application, the said proprietor does not within a period to be prescribed by such notice assent to the formation of the district, the Board of Works, after hearing any objection made by the said proprietor, and any other person having an estate or interest in the land, and on its appearing to them—
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(b) that the amount likely to be charged on the said land as aforesaid, or a substantial part thereof, is likely to become payable during the continuance of the tenancy under which the person occupying the said land as tenant holds the same,
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and having regard generally to the justice of the case may, if they think fit, by order direct that such tenant shall, for the purposes of the said Acts, other than the right to dissent herein-after mentioned, be substituted for the proprietor of the said land, provided that, notwithstanding such substitution, the proprietor shall retain the right to dissent from the formation of the drainage district, and if he dissents shall be reckoned among the dissenting proprietors for the purpose of the proviso to section four of the Drainage and Improvement of Lands (Ireland) Act, 1878.
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