Drainage Maintenance Act 1866
| Jurisdiction | UK Non-devolved |
| Citation | 1866 c. 49 |
| Year | 1866 |
Drainage Maintenance Act, 1866
(29 & 30 Vict.) C A P. XLIX.
An Act to provide for the better Maintenance of Works executed under the Acts for the Drainage of Lands inIreland .
[16th July 1866]
W HEREAS by an Act of Parliament of the Session held in the Fifth andSixth Years of Her Majesty, Chapter Eighty-nine, and by certain other Acts amending or varying the Provisions of the same, Provision is made for the Appointment of Trustees for the Maintenance of Drainage Works executed under the Powers of the said Acts, and for the charging and levying such Sums as may be necessary for the Maintenance and Conservancy of such Works: And whereas large Sums of Public Money have been advanced and expended in the Drainage and Improvement of Lands under the Provisions of the said Acts, and the Lands so drained and improved form the Security for Repayment of such Advances: And whereas it is frequently found that Lands improved by such Drainage Works are allowed to be injuriously affected by reason of the insufficient Maintenance of such Works; and the Trustees of the Districts in which such Lands are included neglect in many Instances to maintain or repair the said Works, and to take such Proceedings as may be necessary to secure the Lands in the District against Deterioration arising from such Neglect, and by reason thereof the said Lands are prejudicially affected as to the Security for the Repayment of such Expenditure, and no efficient Remedy in such Cases is provided by the said Acts: And whereas an Act was passed in the Session of Parliament held in the Twenty-sixth and Twenty-seventh Years of the Reignof Her Majesty, Chapter Eighty-eight, intituledAn Act to enable Landed Proprietors to construct Works for the Drainage and Improvement of Lands in Ireland; and Provision is by the said Act and the Acts since passed amending the same made for the Advance of Public Monies to Drainage Boards constituted under the said last-mentioned Acts, to be expended upon the Drainage and Improvement of Lands within their respective Districts, and to be secured upon such Lands; and Provision is also thereby made for Maintenance of the Works constructed by such Drainage Boards by means of Rates assessed upon the Lands within such Districts, and the Proprietors thereof, according to the Proportions specified in the Awards in the said last-mentioned Act mentioned: And whereas the Advantages to be derived from Works of Drainage are dependent upon the proper Maintenance of such Works: And whereas it is apprehended that Difficulty may be experienced in enforcing the future Maintenance of the Works so constructed by such Drainage Boards, and it is expedient that further Provision should be made for the Maintenance of all such Drainage Works executed under the Provisions of the said Acts, or any of them: 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, as follows:
1 Short Title.
1. This Act may be cited for all Purposes as theDrainage Maintenance Act, 1866.
2 Where Lands are subject to Charge for Drainage, &c., and the same are injuriously affected, Person may take Proceedings as herein directed.
2. Where the Lands of any Person being a Proprietor or Lessee thereof shall be or shall have been subject to any Charge for the Drainage of any District under the Provisions of the said Acts, or any of them, or to any Rates or Assessments for the Maintenance of the Drainage Works in the same District, and the same Lands shall be injuriously affected owing to the insufficient Maintenance of the said Drainage Works, it shall be lawful for such Person to take such Proceedings as are herein-after directed.
3 Such Person to give Notice to Trustees or Drainage Board.
3. Any such Person or Complainant shall and may serve a Notice in Writing, signed by himself or his authorized or known Agent, upon the Trustees or Drainage Board, as the Case may be, for the Time being of such District, or any Two or more of them, or their Clerk or other Officer (if any such shall be appointed), setting forth the particular Lands alleged to be injured, and the particular Defects arising from the Neglect or Insufficiency of the proper Maintenance of such Drainage Works to which Injury shall be alleged to be attributable, and calling upon the said Trustees or Drainage Board forthwith to cause such Defects to be remedied or supplied: Provided always, that in case such Complainant shall be unable to effect Service of such Notice in manner as aforesaid, it shall be lawful for him to publish the same not less than Three Times in some Newspaper circulating in such District, and such Publication shall be deemed equivalent to such Service as herein-before is mentioned.
4 In case the Trustees or Drainage Board neglect, Complainant to apply to the Commissioners of Public Works.
4. In case the said Trustees or Drainage Board shall, for the Space of Fourteen Days, neglect to comply with the Terms of such Notice, it shall be lawful for such Complainant to present a Memorial to the Commissioners of Public Works inIreland , stating the Neglect of such Trustees or Drainage Board in the proper Maintenance of such Works, the Nature of the Injury and Defect arising from such Neglect, and the Purport or Contents of such Notice as aforesaid, and the Date or Dates of the Service, or of such Publication as aforesaid of the same, and showing the particular Nature of the alleged Neglect or Default of the said Trustees or Drainage Board.
5 The Commissioners to consider Memorial.
5. The Commissioners shall consider such Memorial and the Subject thereof, and shall and may, if they shall think fit so to do, appoint an Engineer or other competent Person to inspect and report upon the Subject of such Memorial and the State of the Works in any such District, and, if necessary, to furnish a Specification and Estimate of the probable Cost of the necessary Repair of such Works, and a Copy of such Report, or the Purport thereof, shall be furnished to the said Trustees or Drainage Board, or their Clerk or other Officer; or the Commissioners may cause the same, or the Purport thereof, to be...
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