District of Fergus Drainage Act, 1943

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Powers and duties of the Councils in respect of moneys payable to them under this Act.

8.—(1) The Clare Council and the Galway Council shall each of them have and may exercise for the recovery of the sums charged by the charging order under this Act on land situate in their county all and every of the rights, powers, and remedies conferred by the Drainage Maintenance Act, 1866, on the Commissioners for the recovery of sums charged by a charging order under that Act.

(2) Every sum charged on a lot or parcel of land by the charging order under this Act shall be leviable on, payable by, and recoverable from the proprietor or (where such proprietor is not also the occupier) the occupier of such lot or parcel, and the Commissioners shall make such apportionments as may be necessary to give effect to this sub-section, but the liability of an occupier under this section shall be without prejudice to any right to deduct any such sum paid by him from the rent payable by him.

(3) It shall be the duty of each of the Councils to collect from the proprietor or (where the proprietor is not also the occupier) the occupier of every lot or parcel of land charged by the charging order under this Act and situate in their county all sums payable to such Council under the said order by such proprietor and every such sum shall and may be collected and recovered in the like manner as poor rate is or may be collected and recovered.

(4) Section 54 of the Drainage and Improvement of Lands Act (Ireland), 1863, shall apply to all moneys assessed, rated, and taxed on the proprietors of any lot or parcel of land pursuant to the charge on such lot or parcel made by the charging order under this Act.