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Navigation Works (Ireland). Completion of the Thirteenth and Fourteenth Years of Her Majesty, Chapter Navigations. Thirty-one, is authorized to be issued to the Commissioners of 13 & 14 Vict. Public Works in Ireland, to issue such Sum as may be necessary c. 31.
towards defraying the Expenses incurred in respect of the Four several Navigations herein-before mentioned, and towards the Completion of such several Navigations, or such of them or such Parts of them or any of them as it may be considered by the Com.
missioners of the Treasury expedient and proper to complete. Power to the II. The said Commissioners of the Treasury may authorize and Treasury to direct the Commissioners of Public Works in Ireland to cause to authorize Com- be completed the Navigation Works so undertaken as aforesaid, pletion of the Works.
or such of the same Works or such Portions of them or any of them as, upon any Inquiries already made or to be hereafter made under the Directions of the said Commissioners of the Treasury, such Commissioners of the Treasury may think fit, and with any Modifications or Alterations which to the said Commissioners of the Treasury may appear expedient; and the said Commissioners of Public Works shall have full Power and Authority to cause to be executed or completed the Works so authorized and directed by the said Commissioners of the Treasury to be completed or executed as aforesaid, and for that Purpose to do and execute all Acts and exercise all Powers and Authorities by the said Acts or
this Act given for the Execution of any Work. Power to the III. It shall be lawful for the said Commissioners of the TreaTreasury to re- sury, when, upon any Inquiries made or to be made as aforesaid, duce the Portion of Expenses
it appears to them just that the Counties, Baronies, or Townlands chargeable on
to be charged under the Award in relation to the said Navigation Counties, &c. Works heretofore or hereafter to be executed should be relieved
from any Portion of the Moiety or Residue of the Expenses incurred in relation to such Works, to authorize and direct the said Commissioners of Public Works in and by their Award to be made under this Act to charge upon the Counties, Baronies, or Townlands made liable under such Award in respect of such Works such lesser Sum than the full Amount of such Moiety or Residue of the Expenses of and incidental to such Works as to the said Commissioners of the Treasury may, under the Circumstances of each of the said Navigations, appear just; and such lesser Sum shall be charged upon the County or Counties, Barony or Baronies, District, or Townland or Townlands, which, in Awards to be made by the Commissioners of Public Works as herein-after provided, it shall be stated and awarded will, in the Opinion of the said Commissioners, be benefited by the making of such Navigations, by such Instalments and at such Times as shall be men.
tioned in any such Awards. Advances IV. It shall be lawful for the said Commissioners of the Treawhich are not to sury to order and direct, as to any Sums of Money which out of be chargeable
the Funds applicable to Loans in aid of the said Navigation on Counties, &c. to be free Works have been already advanced or issued, or may hereafter be Grants. advanced or issued, for the Execution of such Works, that so
much of such Advances as in the Judgment of the said Commissioners of the Treasury should not be charged on any County, Barony, District, or Townland by the Awards of the Commis
Navigation Works (Ireland). sioners of Public Works should be and be deemed to be free Grants.
V. As soon as conveniently may be after any of the said Navi- The Commisgations shall have been completed in such Manner and to such sioners of PubExtent as shall be directed or approved of by the Commissioners lic Works to
make an Award of Her Majesty's Treasury, the said Commissioners of Public Works shall make an Award in such Manner and Form as may of the Works.
on Completion be convenient, specifying the total Amount of the Costs, Charges, and Expenses incurred in the making of any such Navigation, and showing the Portion which, under the Authority of the Commissioners of the Treasury, is to be charged of such Costs and Charges, together with the County or Counties, Barony or Baronies, Townland or Townlands, or any Part thereof, to be charged with such Portion of such Costs and Expenses as aforesaid, and the Instalments by and the Manner in which the Amount of such Portion is to be paid, as also the Proportions in which such County or Counties, Barony or Baronies, or Townlands, are to be chargeable towards such Portion of the Costs and Expenses aforesaid.
VI. The Secretary of said Commissioners of Public Works The Commisshall, after the making of such Award, certify to the Secretary of sioners to certhe Grand Jury of every County, County of a City, or County of tify Amount to a Town in which the Lands 'chargeable shall be situate, the of the County, Amount of such Sum of Money and the Instalments and Manner who are to make by and in which the same is payable under the Award of the Presentment said Commissioners, and every such Grand Jury is hereby re- accordingly. quired, at the Assizes next ensuing the Date of such Certificate, without Application to Presentment Sessions, to make Presentment of the Amount mentioned in such Certificate to be raised off the County at large, Barony or Baronies, Townland or Townlands, as may be mentioned in any such Award or Certificate, by the Instalments and in the Manner mentioned in such Certificate; and in default of such Presentment the Treasurer of such County, County of a City, or County of a Town is hereby required, without Presentment or Authority, when issuing his Warrant for levying Grand Jury Cess, immediately after the Assizes next ensuing the Date of such Certificate, and from Time to Time after each succeeding Assizes (until the whole of the Instalments by any such Certificate payable shall be fully paid off and discharged), to insert in a separate Warrant to be by him issued for the Levy of the same the Amount mentioned in such Certificate to be raised off such County, Barony or Baronies, Townland or Townlands, therein mentioned ; and such Amounts as shall be so presented, or so included in any such Warrant as aforesaid, shall be applotted, raised, and levied, sued for and recovered, by such and the same Ways and Means as any Grand Jury Cess; and when and so soon as such Amount as aforesaid shall be from Time to Time raised and received by the Treasurer of the County such Treasurer shall immediately pay the same to the Paymaster of Civil Services in Ireland for the Time being, and the same shall be by him paid into Her Majesty's Exchequer, in discharge of the Sum mentioned in any such Award.
Navigation Works (Ireland). Awards in re- VII. Nothing herein contained shall extend to prevent the said spect of Drain. Commissioners of Public Works from making their Awards in age not to be
relation to the Drainage of the Lands in connexion with the affected, &c.
Drainage of which the said Works of Navigation may have been undertaken, or in relation to the Improvement of Mili Power, or to affect or interfere with the Provisions in relation to such Awards ; and such Awards may be made and all Provisions in relation thereto shall take effect in like Manner as if no Works of Navigation had been undertaken in connexion with such
Drainage or Mill Improvement Works. Navigations VIII. It shall be lawful for the said Commissioners of Public may be trans- Works, by and with the Consent of the Commissioners of Her ferred to Coun- Majesty's Treasury, by Warrant under the Hands of the said Com
missioners of Public Works or any Two of them, from Time to Time to direct that the said Navigations or any of them, with the Tolls thereof, shall be deemed and become the public Property of the County, or Counties if more than One, in which respectively the Lands chargeable under the Award in relation to the said Navigations respectively are situate ; and from and after the Date of any such Warrant such Navigation, together with all Locks, Weirs, and other Werks, Rights, Members, and Appurtenances thereto belonging, shall be deemed and taken to be the public Property of such County or Counties as aforesaid, and be held, maintained, and preserved by the Grand Jury or Juries of such County or Counties, with such Powers and Authorities and subject to such Provisions and Regulations as may hereafter be
established by Parliament in relation thereto. Power to Com- IX. · Whereas by the said Act of the Sixteenth and Sevenmissioners of
teenth Victoria, Chapter One hundred and thirty, it is amongst Public Works
• other things enacted, that it should be lawful for the said Comto charge Amounts which
' missioners of the Treasury to authorize and direct the said Com
• missioners of Public Works in Ireland, by their Award to be due for Com- made under the said Acts, to charge upon the Lands made liable pensation, &c. under such Award such lesser Sum than the full Amount of the 16 & 17 Vict.
• Expenses of and incidental to Works as to the said Commisc. 130.
sioners of the Treasury might under the Circumstances of each
Case appear just; provided always, that in all Cases the whole * Amount of the Purchase Money or Compensation payable in
respect of Land taken for or injuriously affected by any Works commenced and completed or executed, should be included in or
charged under the Award to be made in relation to such Works: ' And whereas it frequently happens that Claims are made after
Completion of the Works in the District, and in respect of which
an Award has been made or is about to be made, and at Times ' when there are no Funds in the Hands of the said Commis
sioners or otherwise available for or properly applicable to the * Payment of such Claims ; and it is expedient to authorize the
Commissioners in such cases, within such limited Times as
herein-after mentioned, in case it shall in their Discretion seem ' expedient so to do, to make a further or additional Award for ' the Purpose of charging the Amount of Purchase Money or Compensation which may be found to be due to any Person
may be found
Navigation Works (Ireland). upon the Proprietors of Lands in the District in respect of the • said Drainage whereof such Claims shall arise, and to limit the
Time within which all Claims for Compensation or otherwise
may be made :' Be it therefore enacted, That in all Cases where after the Completion of the Works in any District, whether before or after the making the Final Award in relation to such Works, any Person shall be awarded or otherwise be entitled to be paid Purchase Money or Compensation in respect of Injury sustained or arising from such Drainage, or the Works incidental thereto, it shall be lawful for the Commissioners of Public Works, without Meeting or other preliminary Proceeding, in case they deem it proper or expedient so to do, by the first or by an additional Award or Awards, in such Form as the said Commissioners may think proper, from Time to Time to charge upon the Lands of the Proprietors within such District the Amount which may be found to be due for such Purchase Money or Compensation to be paid to the Person entitled to the same, as and when the same shall be received by the said Commissioners, such Sum or Sums by any such additional Award to be charged upon and paid out of the several Lands of the Proprietors in the District in such and the same Manner, and with the same Priority, and the same Rights, Privileges, and Powers for the Recovery thereof, as in and by the said Acts, or any of them, are given for the Recovery of the Sum specified in the Final Award: Provided nevertheless, that the Commissioners may declare that the Sums mentioned in such further or additional Awards shall be paid and payable at such Times and by such Instalments as the said Commissioners shall therein for that Purpose limit and direct, so nevertheless that the entire Amount thereof shall be payable as between the said Proprietors of Lands in the said District in the same Proportions as the Sum charged by the Final Award in such District.
X. No Claim for Compensation or Damages in respect or by Claiins to be reason of any Act or Omission of the said Commissioners, or for made within or by reason of any Works whatsoever done or professed to be Six Months. done by the said Commissioners, shall be made by Action, Suit, or otherwise, save within Six Months after the Act complained of.
XI. Nothing in this Act contained shall be deemed, taken, or Act not to construed to repeal, alter, or abridge any of the Provisions con- abridge Powers tained in the said Act of the Sixteenth and Seventeenth Victoria, of 16 & 17 Vict.
c. 130. Chapter One hundred and thirty.
XII. In all Cases of Claims for Compensation or Purchase Power to set Money made or to be made upon the said Commissioners it shall off Benefit rebe lawful for the said Commissioners to set off against such sulting during
Execution of Claims the Value of any Benefit which may have resulted or ac
the Works. crued to the Lands of the Party or Person making such Claim during the Execution of the Works of the said Commissioners, and before the making of the Final Award for the District in which such Lands may be situate ; and the Arbitrator before whom any such Claim shall be made, when setting forth the Price or Compensation to be paid in respect of any such Claim, and the Jury before whom the Trial of any Traverse against the Award of such Arbitrator shall be had, shall take into consideration any Advantages
Navigation Works (Ireland). or Benefit which may have resulted or accrued as aforesaid to
the Lands of the Party or Person making such Claim. Power to the XIII. It shall be lawful for the said Commissioners of Public Commissioners Works, with the Sanction of the Commissioners of Her Majesty's Portion of the Treasury, from Time to Time and at any time, (when and so Lands.
often as by reason of the Redemption of any Part of the Monies charged under any Award of the said Commissioners upon the Lands of any Proprietor, the annual Instalments payable in respect of the Lands mentioned in such Award shall be reduced) by any Deed or Instrument under the Hands and Seals of the said Commissioners, or any Two of them, to release any of the Lands originally charged with the Payment of any Instalment under any such Award as aforesaid ; and no Release of any Portion of the Lands charged under any such Award shall in anywise avoid, diminish, or affect any Remedies by the Acts herein-before recited or otherwise given to be had and exercised for the Recovery of the Monies by any such Award charged in respect of the Residue
of the Lands charged therewith. As to the Ap- XIV. Anything in the said recited Act of the Fifth and Sixth pointment of
Years of the Reign of Her present Majesty to the contrary notTrustees for Drainage Dis
withstanding, the Provisions of the said Act or any of the Acts tricts connected amending the same, as far as regards the Appointment of Trustees with Naviga- for the Maintenance of Works of Drainage, and the several Powers tion.
and Authorities of such Trustees when so appointed, shall be held and deemed equally to apply to all Works of Drainage, though a Navigation may have been improved or formed, or a Reservoir
may have been formed in connexion with such Drainage. Providing for XV. Provided always, That, anything in the said recited Acts Trustees where
to the contrary, in all Cases where there is only One Proprietor in not more than Six Proprietors any Drainage District, or where the Proprietors in any District in a District
do not exceed Six in Number, such One Proprietor or such Proprietors not exceeding Six, or other Persons nominated by them or any Two of them at any Meeting for the Purpose, shall be the Trustee or Trustees for the Maintenance of the Works in such
District. Power to fur- XVI. “And whereas the said Commissioners of Public Works ther deepen the “ have put the Powers of the said recited Acts into operation in River Lung
' the District to which they have affixed the Name of the Lough • Gara and Mantua District in Ireland, and in the Execution of
the Works in the said District have partially deepened and ' widened the River Lung, situate in the Counties of Roscommon ' and Mayo: And whereas it is expedient that the said River * should be further deepened and widened for the Purpose of • draining additional Lands in the said District or its Vicinity :' Be it therefore enacted, That it shall be lawful for one or more of the Proprietors of additional Lands to be drained in the said District, having first obtained the Consent in Writing of One Half of the Proprietors or more in extent of the Lands so proposed to be drained, to undertake the Execution of the Works necessary for further deepening and widening the said River, and to make and complete the same out of his or their own proper Funds, according to and in conformity with Plans, Sections, and Specifica