Drainage (Ireland) Act 1846
DRAINAGE (IRELAND) ACT 1846 | ||
CAP. IV. | ||
An Act to amend the Acts for promoting the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland; and to afford Facilities for increased Employment for the labouring Classes in Works of Drainage during the present Year. [5th March 1846.] | ||
5 & 6 Vict, c.89. | ||
8 & 9 Vict. c.69. | ||
Commissioners. | ||
Security for Money, and Repayment. | ||
Monies borrowed for Purposes of this Act, as also Monies to be levied for Maintenance, to be a first Charge on Lands drained or improved; | ||
and a Charge in the Order of its Date, upon all Lands within One Mile, settled to the same Uses as the Lands drained or improved, or belonging to the same Proprietor as the Lands drained or improved; | ||
but the Commissioners to allow such Time for Repayment that the Amount of any Payment for a Period shall not exceed the estimated Increase in the Value for that Period. | ||
‘WHEREAS an Act was passed in the Sixth Year of the Reign of Her present Majesty, intituled An Act to promote the Drainage of Lands, and Improvement of Navigation and Water Power in connexion with such Drainage, in Ireland: And whereas a certain other Act was passed in the Ninth Year of the Reign of Her said present Majesty, intituled 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: And whereas it is expedient further to promote the Execution of Works under the said recited Acts, and, by altering the Security for Monies to be borrowed for the Purposes of the said recited Acts and this Act, to expedite and facilitate the Proceedings thereunder, and to amend the said Acts in the several respects 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 the Commissioners for the Time being acting in the Execution of the said recited Acts shall be Commissioners for the Execution of this Act; and that in all Cases of Declarations to be made and Monies to be borrowed by the said Commissioners, under the Provisions of the said recited Acts or this Act, from and after the First Day of January in this present Year, the respective Sums of Money which by the final Award to be made by the said Commissioners shall be specified as the Proportions or Contributions payable in respect of the several Parcels of Portions of the Land drained or improved by Drainage, or by any Works under the said Acts or this Act, with Interest for such respective Sums of Money at a Rate not exceeding Five Pounds per Centum per Annum, as also all Sums to be rated and assessed under the Provisions of the said first-recited Act or this Act, for the maintaining, sustaining, supporting, and upholding of any of the Works executed or to be executed under the said Acts or this Act, 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 Charges and Incumbrances on such Land (except Quit Rent and Rent-charge in lieu of Tithe); 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 with 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, and also upon so much of any other Land belonging to the same Proprietor as the Land drained or improved, and situate within One Mile of any Part of the same, a for all his Estate and Interest existing at the Time of such Declaration, as the said Commissioners shall by their 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 as aforesaid, to the full Amount of all Incumbrances affecting the same prior to the Registry of the Memorandum of such Declaration: Provided always, that it shall be lawful for the said Commissioners, and they are hereby required, in making their final Award after the Execution of any of the Works by the said Acts or this Act authorized, to specify and state therein that the Repayments of all Sums expended in or about any such Works as aforesaid shall be made either by One Payment or by Instalments, half-yearly or otherwise, so that in case of One Payment the Amount of the same, or in the Case of Instalments the Amount of each Instalment, with Interest in either Case, shall not exceed the Amount of the estimated Increase in the Value of the Land to be drained or improved, as in such Award stated by the said Commissioners, for the Period allowed for such One Payment, or for the several Periods, in the Case of Instalments, allowed for the Repayment of such Instalments respectively. |