Drainage of Lands Act 1849
| Jurisdiction | UK Non-devolved |
| Citation | 1849 c. 100 |
| Year | 1849 |
(12 & 13 Vict.) C A P. C.
[1st August 1849]
'WHEREAS an Act was passed in the Ninth and Tenth Years of Her present Majesty, intituled Great Britainand Ireland by Works of Drainage : And whereas an Act was passed in the Tenth Year of Her present Majesty, intituled Great Britain: And whereas an Act was passed in the last Session of Parliament, intituled Great Britain: And whereas it is desirable that Works of Drainage should continue to be encouraged, in order to promote the increased Productiveness of the Land and Healthiness of the Districts where it is required, and to supply the Demand for Agricultural Labour, especially at that Season of the Year when other Sources are suspended: And whereas the whole Sum mentioned in the first-recited Act, namely, Two Millions Sterling forGreat Britain and One Million Sterling for Ireland , has been already applied for and appropriated, and additional Sums have been granted under subsequent Acts for Ireland , and Applications have been made for a further Sum of Half a Million and upwards for Great Britain , and for further Sums for Ireland , and it is expedient that the same should be advanced by private Individuals, and that Owners of Land should be enabled or authorized (with the Sanction of the Inclosure Commissioner's for England and Wales ) to borrow or advance Money to be expended with the like Sanction in draining such Lands:' Be it 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 Inclosure CommissionersforEngland and Wales shall be the Commissioners for the Execution of this Act in Great Britain , and it shall be lawful for the said Inclosure Commissioners to employ in the Execution of this Act the Assistant Commissioners, Secretary, Surveyors, Clerks, Messengers, and Officers who have been or may be appointed by the said Commissioners under an Act passed in the Eighth and Ninth Years of Her present Majesty, intituled , and the said first-recited Act, respectively; and the said Inclosure Commissioners may, with such Consent as provided by the said Act of the Session of Parliament holden in the Eighth and Ninth Years of Her present Majesty in respect of Appointments under such Act, from Time to Time appoint a sufficient Number of Persons to be Assistant Commissioners and Surveyors respectively for the Purposes of this Act, and may from Time to Time remove any such Assistant Commissioners and Surveyors; and the Allowances and travelling and other Expenses of such Assistant Commissioners and Surveyors shall be regulated as to the Amount thereof in like Manner as provided by the said last-mentioned Act in respect of Allowances and Expenses to Assistant Commissioners under the same Act, and such Allowances shall not exceed the Allowances payable to the last-mentioned Assistant Commissioners; and the Commissioners for the Execution of this Act inIreland shall be the Commissioners of Public Works in under an Act of the First and Second Years of His late Majesty KingWilliam the Fourth, intituled An Act for the Extension and Promotion of Public Works in Ireland, and of an Act of the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act to promote Drainage of Lands and Improvement of Navigation and Water Power in connexion with Drainage in Ireland, and of the several Acts amending the same respectively, and such Commissioners shall have full Power and Authority, with the Approbation of the Commissioners of Her Majesty's Treasury, to employ such Civil Engineers, Surveyors, Clerks, and other Officers appointed under the said last-mentioned Acts respectively as may be necessary for carrying this Act into execution.
II Owner of Land may borrow or advance Money.
II. And be it enacted, That it shall be lawful for the Owner of any Land inGreat Britain or Ireland , who shall be desirous of borrowing or advancing Money for the Improvement of such Lands by Works of Drainage under the Provisions of this Act, to borrow or advance Money for such Purpose, and to have the Money expended in such Improvement, and in defraying the Expenses incident thereto, charged on the Inheritance of such Land, in manner and with the Priority herein mentioned.
III Application to be made to Commissioners.
III. And be it enacted, That when any Owner of Land shall be desirous of borrowing or advancing Money under this Act he shall make an Application to the Commissioners to authorize such Loan, and such Application shall be made in such Manner and Form and contain such Particulars as the Commissioners shall from Time to Time direct; and until a Certificate of the Allowance thereof shall have been issued by the Commissioners such Application may be withdrawn or altered, or consolidated with any other Application, at the Pleasure of the Applicant, but without Prejudice to his Liability as herein-after mentioned for the Expenses incurred in consequence thereof by the Commissioners or their Officers.
IV Inspection of Land to be made by Officers of Commissioners.
IV. And be it enacted, That it shall be lawful for the Commissioners on such Application to cause the Land specified in such Application to be inspected, and the Application to be reported upon, by an Assistant Commissioner, Surveyor, or Engineer, or otherwise; and the Commissioners shall upon such Report determine and certify under their Seal whether any and what Amount of Money shall be authorized to be borrowed or advanced under this Act in respect of the Land specified in such Application, and they shall by the same or by some subsequent Certificate fix the Rate of Interest, not exceeding Fiveper Cent. per Annum , to be paid in respect of any Money to be so borrowed or advanced; and such Report as aforesaid shall contain such Particulars of the Land proposed to be drained, and of the Manner of effecting the Drainage thereof, and of the estimated Expense of such Drainage, and of the Improvement to be thereby effected in the annual Value of the Land, as in the Opinion of the Party making such Report will be sufficient to enable the Commissioners to judge of the Expediency of allowing the Application; and the Commissioners shall after the Issue of their Certificate of Allowance be at liberty from Time to Time to authorize an Abandonment of any Part of the proposed Works of Drainage, or any Variation therein which they may think expedient, on such Terms and Conditions as they shall think reasonable.
V Certain Provisions in first-recited Act as to Notices of Applications incorporated.
V. And be it enacted, That the Provisions of the said first-recited Act relating to Notice by Advertisement of Application for Advances for Drainage Purposes, and to the Proceedings to be had in consequence of any Dissent to such Application, or relating to the Consent of the Bishop of the Diocese and Patron of the Benefice to any such Application in relation to Land held in right of any Church, Chapel, or other Ecclesiastical Benefice, shall (save so far as the same are inconsistent with or repugnant or inapplicable to the Provisions of this Act) be deemed to be incorporated herein.
VI Recovery of Expenses where Application refused or no Money can be raised.
VI. And be it enacted, That in the Case of an Application for Authority to borrow Money where the Commissioners shall determine that no Money shall be borrowed in pursuance of such Application, or where the Money authorized to be borrowed, or a competent Part thereof (as to which the Decision of the Commissioners shall be conclusive), shall not be raised, and paid into the Bank as herein-after mentioned, within Six Months from the Allowance of such Application, and in the Case of an Application for Authority to advance Money by the Owner of Land himself, whether the Commissioners shall determine that any Money shall or shall not be advanced in pursuance of such Application, the Expenses which the Commissioners or their Officers shall have incurred by or in consequence of such Application (the Amount whereof shall be conclusively certified by the Commissioners) shall be a Debt due by the Party making such Application to the Commissioners, and shall be recoverable by them as in the Nature of a Crown Debt.
VII When Application allowed, Money to be paid into the Bank.
VII. And be it enacted, That in Cases where any Sum of Money shall be authorized by the Commissioners to be raised in pursuance of any such Application, the Party or Parties willing to advance the same or any Part thereof, other than the Owner of Land making the Application, shall pay the same into the Bank ofEngland or into some Bank in Scotland established by Act of Parliament or Royal Charter, or in Ireland into the Bank of Ireland , as the Case may be, or into some convenient Branch Bank thereof respectively, to be specified by the Commissioners in their Certificate of Allowance of the Application; and such Payment or Payments shall be to the Credit of the Commissioners to an Account the Title whereof shall be named in said last-mentioned Certificate, and such Monies shall, until duly applied under this Act, be the Property of the Commissioners; but nevertheless the Commissioners, observing the Rules and Regulations of this Act, shall not, either collectively or individually, be answerable for any Monies which shall have...
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