Public Roads (Ireland) Act 1911
| Jurisdiction | UK Non-devolved |
| Citation | 1911 c. 45 |
Public Roads (Ireland) Act, 1911
(1 & 2 Geo. 5.) CHAPTER 45.
An Act to amend the Law in Ireland with respect to the use of Locomotives on Public Roads, and with respect to extraordinary Traffic.
[16th December 1911]
Be it enacted by the King'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 Power of authority to recover expenses of extraordinary traffic.
(1) Where, by a certificate of their surveyor, it appears to the county council or urban district council which is liable or has undertaken to repair any public road, whether a main road or not, that, having regard to the average expense of repairing that road, extraordinary expenses have become necessary for the purpose of repairing the road by reason of the damage caused by excessive weight passing along the same, or extraordinary traffic thereon, the council may recover from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of the court having cognizance of the case to have become necessary by reason of the damage arising from such weight or traffic as aforesaid:
Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with such council as is mentioned in this section for the payment to them of a composition in respect of such weight or traffic, and thereupon the persons so paying the same shall not be subject to any proceedings under this section.
(2) Subject to the provisions of this section in relation to road contractors and to regulations to be made by the Local Government Board, any expenses recovered under this section by the council of any county, not being a county borough, in respect of damage done to a road, shall be applied in aid of the expenses of repairing that road, and any composition received under this section by the council of any county, not being a county borough, in respect of any weight or traffic shall be applied in aid of the expenses of repairing the road or roads affected by the weight or traffic; and every sum so recovered or received shall be credited to such account or accounts and in such manner as may be prescribed in those regulations.
(3) Where any damage, in respect of which expenses are recovered or a composition is received by a county council or urban district council under this section, is done to a road during the continuance of a contract to keep the same in repair, if the contractor, under and in accordance with the terms of the contract, repairs the damage to the satisfaction of the county surveyor or town surveyor as the case may be, the council, in the absence of any stipulation in the contract to the contrary, shall pay to the contractor, in addition to any sums payable to him under the contract, such sum as the surveyor may certify to have been duly expended by the contractor in repairing that damage, not exceeding in any event the amount actually recovered or received by the council and applicable to the repair of that damage; and if in consequence of the neglect or failure of the contractor to repair that damage under and in accordance with the terms of the contract, the council, or the surveyor on their behalf, cause the same to be repaired, then in calculating the amount that may be deducted from the sum payable to the contractor under the contract, or may be recovered from him or his sureties, credit shall be allowed for the amount actually recovered or received by the council under this section and applicable to the repair of that damage.
(4) Expenses under this section may be recovered, if not exceeding two hundred and fifty pounds, in the county court, and, if exceeding that sum, in the High Court.
(5) Proceedings in the county court under this section may be taken in the county court within the jurisdiction of which the damage is done, or within the jurisdiction of which the defendants, or any of them, reside or carry on business, and, subject to rules of court, an appeal shall lie from any order of the county court under this section as in the case of an ordinary civil bill; and the provisions of the County Courts (Ireland) Acts, 1851 to 1889, relative to appeals shall apply accordingly.
(6) Rules of court may regulate the practice and procedure in the county court and on appeals under this section, including costs and the service of civil bill processes in any part of Ireland.
(7) Proceedings for the recovery of any expenses under this section shall be commenced within twelve months of the time at which the damage was done, or, where the damage is in consequence of any...
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