Arterial Drainage Act, 1945
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Provisions in respect of the District of Fergus. |
55.—(1) In this section the expression “the Fergus Act” means the District of Fergus Drainage Act, 1943 (No. 13 of 1943). | |
(2) Nothing in this Act shall operate to prevent or prejudice the execution by the Commissioners in pursuance of section 5 of the Fergus Act of the works mentioned in that section. | ||
(3) If the automatic tidal sluice or sluices at Clarecastle Bridge or the alternative safeguard in lieu thereof included in the works specified in Clause (D) of paragraph 2 of the Scheduled Consent has not or have not been provided at the date upon which the remaining works specified in that Clause and in Clause (F) of the said paragraph 2 have been completed— | ||
(a) sub-section (2) of section 5 of the Fergus Act shall have effect as if it enabled a separate certificate of completion to be given in accordance with that sub-section in respect of the works specified in the said Clauses (D) and (F) other than the provision of the said sluice, sluices or alternative safeguard and a separate certificate of completion to be given (whether by the same or a different engineer) in accordance with that sub-section at a subsequent date in respect of the provision of the said sluice, sluices or alternative safeguard, | ||
(b) each certificate given by virtue of paragraph (a) of this sub-section shall be conclusive evidence for all purposes of the completion of the works specified therein in accordance with the Scheduled Consent, | ||
(c) sub-section (2) of section 6 of the Fergus Act shall have effect as if it enabled the order to be made by the Commissioners amending Schedule B to the Final Award dated the 30th day of October, 1860, to be made on the completion of the new works other than the provision of the said sluice, sluices or alternative safeguard and a separate order to be made by the Commissioners at a subsequent date further amending the said Schedule B by the addition thereto of the said sluice, sluices or alternative safeguard, | ||
(d) sub-section (1) of section 6 of the Fergus Act shall have effect from the making of the first order referred to in paragraph (c) of this sub-section until the making of the second order therein referred to as if the reference in that sub-section to the works specified in Clauses (D) and (F) of paragraph 2 of the Scheduled Consent were a reference to those works other than the said sluice, sluices or alternative safeguard. | ||
(4) Sub-section (2) of section 7 of the Fergus Act is hereby repealed and in lieu thereof it is hereby enacted that the following provisions shall apply and have effect in relation to the charging order to be made by the Commissioners in pursuance of sub-section (1) of that section, that is to say:— | ||
(a) the Commissioners shall apportion the charged sums (as defined in sub-section (1) of the said section 7 ) between the Clare Council and the Galway Council and shall state such apportionment in the said charging order; | ||
(b) in making the said apportionment of the charged sums, the Commissioners shall have due regard to the proportions in which the several lots or parcels of land comprised in the lands drained or improved specified in Schedule A to the Final Award dated the 30th day of October, 1860, (other than and excepting the lands described in the Second Schedule to the Fergus Act) are situate in the County of Clare and in the County of Galway respectively, and shall also have due regard to the fact that the said lands described in the said Second Schedule are excluded; | ||
(c) in making the said apportionment the Commissioners may have regard to the copies in their possession of the maps, valuers' books, and other documents prepared in connection with the formation of the Fergus District; | ||
(d) the said charging order shall be expressed and shall operate to charge the county fund of the Clare Council with the payment, at the times and in the manner stated in the said charging order, to the Commissioners of the portion of the charged sums apportioned as aforesaid to the Clare Council and the interest on that portion of the charged sums; | ||
(e) the said charging order shall also be expressed and shall operate to charge the county fund of the Galway Council with the payment, at the times and in the manner stated in the said charging order, to the Commissioners of the portion of the charged sums apportioned as aforesaid to the Galway Council and the interest on that portion of the charged sums. | ||
(5) The portion of sub-section (6) of section 7 of the Fergus Act beginning with the words “shall be so paid” and ending with the words “the deficiency” is hereby repealed. | ||
(6) Section 8 of the Fergus Act is hereby repealed and in lieu thereof it is hereby enacted that as on and from the date of the charging order under that Act the costs and expenses incurred by the Councils in the maintenance of the drainage works of the Fergus District shall be defrayed by the Councils in the proportions in which the charged sums are charged on their respective county funds by the said order and shall be raised by the Councils respectively by means of the poor rate as a county-at-large charge. | ||
(7) This section shall be read and construed with the Fergus Act as one enactment and accordingly every word and expression used in this section to which a particular meaning is assigned by the Fergus Act for the purposes of that Act shall have in this section the meaning so assigned to it. |