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Mode of Constituting elective Drainage District.
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6. The following Proceedings shall be taken for the Purpose of obtaining the Sanction and Order of the Commissioners of Public Works:
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(1.) A Petition shall be presented to them, stating the proposed Boundaries of the District, by reference to a Map, or in such other Manner as they shall think expedient, and also stating the Exigencies which render the Formation of such Drainage District necessary: It shall be signed by the Petitioners, and shall be accompanied by proper Schedules, Maps, Plans, and Sections showing the Drainage Works proposed to be executed within such District, including therein all Works necessary for any Outfall, an showing the Land to be drained or improved by such Drainage, and showing in One or more of such Schedules the reputed Proprietors and Occupiers thereof, and the Lands or other Property required to be taken for or likely to be injured by the proposed Works or the making of any Outfall, and the reputed Proprietors and Occupiers thereof, and showing, so far as may be possible, the Line, Course, and Situation of the Streams, Watercourses, Drains, Rivers, and Lakes intended to be cleared, scoured, or embanked, and the requisite Variations, Diversions, Abridgments, or Enlargements of the same, and the Direction Extent of any new Drains, Watercourses, or Works necessary to be made, and the Land in and through which the same are to be made; and such Petition shall also be accompanied by an Estimate of the Expense of the proposed Works, including in such Estimate the probable Amount of Money Payable as Compensation in respect of any Injury likely to be occasioned by such Works, or for the Purchase of any Land, Houses, Fisheries, Weirs, Mills, or other Property required to be taken or purchased for the Purpose of such Works, and other miscellaneous Expenses likely to be incurred; and such Schedules shall also set forth the then actual Value of the Land to be drained or improved by Drainage by the proposed Works, so far as the Petitioners shall be able to ascertain the same, and the probable Increase in such Value by the proposed Works; and such actual Value and estimated Increase shall be stated in the said Schedules, and also the Proportions in which such Lands should contribute towards the Payment of the Costs of the proposed Works, specifying such Proportions in the Ratio of the estimated Increase in the Value of such Lands; and the said Petitioners shall cause to be made Copies of the said Schedules, Maps, Plans, Sections, and Estimate, and shall cause such Copies to be deposited in such convenient Place or Places as the said Petitioners shall think proper, within or in the immediate Vicinity of the District in which such Land or the River or Part of a River shall be situate, there to remain open for public Inspection at all reasonable Times for Three successive Weeks; and all Persons shall be at liberty to inspect or make Copies of or Extracts from the said Schedules, Maps, Plans, Sections, and Estimate, and Copies thereof or Extracts therefrom shall be made for any Person who shall require the same, on Payment of the Costs of making such Copies or Extracts:
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And the said Petitioners shall cause a Notice, stating the Place or Places in which Copies of the said Schedules, Maps, Plans, Sections, and Estimate have been deposited as aforesaid, to be lodged with the Clerks of the Unions respectively, and to be published in some Newspaper usually circulated in the District in which the Land or River, or Part of a River, proposed to be drained or improved, shall be situated, or in the immediate Vicinity thereof, and also to be served on the Proprietor by Delivery of the same personally, or, if such Proprietor is absent from Ireland, to his Agent, or by leaving the same at the usual or last known Place of Abode of such Proprietor as aforesaid, or by forwarding the same by Post in a pre-paid Letter addressed to the usual or last known Place of Abode of such Proprietor; and in all Cases where it shall be proposed to take or remove any Mill or Factory, or to lower, raise, or modify any Weir, Dam, or other Work or Obstruction connected with any Mill or Factory, a Copy of such Notice shall be served on the Owner, Lessee, or Occupier, or Person in charge of such Mill or Factory, and be posted on the Door or Wall thereof; and by such Notice all Parties interested shall be required, on or before a Day to be therein named, not sooner than Two Months from such Publication and Posting or Service as aforesaid of such Notice, to transmit to the said Petitioners their Objections, if any, to the said Schedules, Maps, Plans, Sections, and Estimate, and all other Objections which such Parties shall think fit to make with respect to anything proposed to be done under the Provisions of this Act; and the Petitioners shall by the same Notice specify their Intention of having an Inspector sent to the District, before whom all Persons interested in the proposed Works, or having any Objection thereto, shall be required to appear, at a Time and Place to be fixed by such Notice:
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(2.) After the Expiration of the Period mentioned in such Notice for sending in Objections, the said Commissioners shall send an Inspector to the District for the Purpose of making Inquiries as to the Propriety of constituting the proposed District, and as to the Assent of the Proprietors thereto; and they shall deliver to such Inspector the Schedules, Maps, Plans, Sections, and Estimate which shall have been deposited with them under the Provisions herein-before contained: The Person so sent as Inspector by the Commissioners shall in no Case be the same Person who may have previously reported for the Petitioners, nor shall the Person so sent by the Commissioners be afterwards in any way employed in the Execution of any of the Works in the District:
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(3.) The Inspector shall proceed to the District, and make all necessary Inquiries with respect to the Propriety of constituting such District, and also with respect to the Area of Land to be comprised therein: And such Inspector shall, at the Time and Place named in such Notice as aforesaid, or at such other Time and Place as the Petitioners may by any further Notice appoint, attend, and shall have Power to adjourn from Time to Time, or hold such new Meeting as he may find necessary, and shall inquire into the Correctness of the Schedules containing the Names of such Proprietors and Occupiers as aforesaid, and shall hear all such Objections as shall have been or shall then be made by any Person or Persons interested in the said Lands or River, or any Person on his or their Behalf, as to any Omission or Misdescription in such Schedules, or any Name improperly inserted therein, and shall hear all such other Objections as shall have been or shall be then and there made by such Person or Persons to the Schedules, Maps, Plans, Sections, and Estimate which shall have been made under the Provisions herein-before contained; and the said Inspector shall also hear and inquire, on Oath (which he is hereby authorized to administer) or otherwise, into all such Objections by any of the Persons aforesaid to the said proposed Works as shall have been or shall then and there be made, and also all Objections to the stated Value of the Land, or to the stated probable Increase in such Value, as the same shall have been respectively set forth in the said Schedules, and also into all such Objections as shall have been made, or shall then and there be made, by or on behalf of the Owner, Lessee, or Occupier, or other Person interested in any Mill or Factory likely to be affected by anything proposed to be done in such District under any of the Provisions of this Act, and after having considered all such Objections as aforesaid he shall cause such Alterations (if any) as he may deem expedient to be made in the said Schedules, Maps, Plans, Sections, and Estimate, and shall sign the same; and such Schedules, Maps, Plans, Sections, and Estimate so signed by the said Inspector shall be preserved by the said Commissioners in their Office in Dublin, and a Copy thereof shall be deposited by the Petitioners with the Clerk of the Peace of each County wherein such Works are proposed to be executed, and shall be open to public Inspection at all reasonable Times On Payment of a Fee of One Shilling:
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Powers of Inspector.
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(4.) Any Inspector sent by the Commissioners in pursuance of this Act may, by himself and his Servants, enter upon any Lands in order to obtain Information upon any of the Matters aforesaid, and may do all such Things as to him shall seem expedient and necessary for the Purposes of his Inspection and Report, making reasonable Compensation for any Injury which may be done by him or his Servants, and he may also, by Summons under his Hand, require to appear before him, at some convenient Place within or near the proposed District, any Persons whomsoever, and examine them upon Oath or otherwise touching any Matter relating to the Purposes of the Inquiry, and he may by any such Summons require any Officer of or acting under any Corporation or Guardians of the Poor and any Commissioner, Trustee, Officer, or Person acting under any Local Act of Parliament in force within the District to which any such Inquiry may relate, to produce before him any Surveys, Plans, Sections, Rate Books; or other like Documents which may by reason of their Office be in their Custody or Control touching any Matter relating to the Purposes of such Inquiry; and such Inspector may examine, inspect, or take Copies of any such Books, Surveys, Plans, Sections, and Documents, or any of them, or Part thereof; and whosoever refuses to permit any such Inspector or his Servants to do any of the Matters aforesaid, or wilfully disturbs or interferes with him or them in the course of their Inspection, or wilfully disobeys any such Summons, or prevents any such Inspector from examining, inspecting, or taking Copies as aforesaid, or refuses to answer any Question put to him by such Inspector for the Purposes of the said Inquiry, shall be liable to a Penalty not exceeding Five Pounds for every such Offence, to be recovered in a summary Manner before Two Justices of the Peace sitting at Petty Sessions in any District within the Jurisdiction of which any of the Lands in the proposed Drainage District are situate; but no Person shall be required to attend before the Inspector in obedience to any Summons unless the reasonable Charges of his Attendance have been paid or tendered to him:
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(5.) The Inspector shall report the Result of his Inquiries to the Commissioners, who shall transmit a certified Copy thereof to the Petitioners; and the Petitioners shall lodge Copies of such Report with the Clerk or Clerks of the Unions respectively, and shall forthwith cause a Notice, stating that said Report has been so lodged, to be published in some Newspaper usually circulated in the proposed District; and Objections in Writing to said Report, or any Part thereof, may, within One Month from the lodging of said Report, be served on or transmitted by Post to the said Commissioners at their Office in Dublin by or on the Part of any Proprietor in the proposed District; and the said Commissioners, after having considered such Objections (if any), may, if satisfied with the Propriety of constituting the District, and that the Proprietors of Two Third Parts in Value of such Land in the proposed District are in favour thereof, and have subsequently to the Report of such Inspector assented thereto in Writing, make a Provisional Order under their Seal declaring the Area, in such Provisional Order mentioned or referred to, to be a Drainage District; provided that no such Provisional Order shall be made authorizing a Drainage Board to remove or injuriously interfere with any Millrace, Milldam, Weir, or other like Obstruction, whereby the Level of Water is raised for Milling or other Purpose of Profit; unless upon the Report of their Inspector they shall be satisfied that any Injury that may be caused thereby is of a Nature to admit of being fully compensated for by Money:
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(6.) Notice of the Provisional Order shall be published by the Petitioners in the Dublin Gazette and in some Newspaper circulating in the District to which it relates, and Copies thereof shall be served in such Manner and upon such Persons as the Commissioner may require:
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(7.) Upon the Receipt of the Report of the Inspector the Commissioners may, by Provisional Order under their Seal, constitute the Area mentioned in the Petition or Report, with such Alterations of Boundaries, if any, as they think fit, a separate Drainage District; and it shall be the Duty of the Commissioners, as soon as conveniently may be, to take all proper Step for the Confirmation of such Provisional Order by Act of Parliament, and when so confirmed it shall be deemed to be a Public General Act of Parliament, and take effect accordingly, but previous to such Confirmation it shall not be of any Validity whatever:
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(8.) No Petition for constituting a District under this Act shall be entertained until the Petitioners have given such Security for Costs by Deposit of such Sum of Money as the said Commissioners shall require; and in the event of a Drainage District not being constituted in pursuance of such Petition, the Petitioners shall pay all Costs, Charges, and Expenses, including the Expense incurred by reason of the presenting of the Petition and of the Appointment of such Inspector; but in the event of the Drainage District being constituted, such Costs, Charges, and Expenses shall be deemed to be Expenses incidental to the Execution of the Works, and shall be defrayed accordingly out of the Monies to be raised by virtue of this Act; and such Order shall, by Reference, to Maps or otherwise, as the Commissioners may think proper, state the Lands proposed to be purchased for the proposed Works, subject to such Alterations and Deviations therefrom as the Commissioners may thereafter sanction; and such Order shall also limit the Time within which the Works in any such District shall be completed, and state the several Matters and Things herein-after mentioned, and the Commissioners may also state in such Order such other Matters and Things as they may think proper, according to the Circumstances of each particular Case.
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