Drainage (Ireland) Act 1842

Persons entitled to certain Interests, upon giving Security, to be deemed Proprietors.

XXIV. And be it enacted, That at any Time before such Meeting as last aforesaid, or at any Period within such Time as may be appointed by the Commissioners for the receiving of Assents, and which Time they are hereby authorized to limit and appoint, any Person seised or possessed of any Portion of the Land proposed to be drained or improved, for any Life or Lives, or for any Term of Years determinable on any Life or Lives, or for any Term of Years absolute, whereof there shall be then Seven Years or more unexpired, who shall deposit with the said Commissioners such Sum of Money as to them shall seem sufficient for the Payment of the Sum with which such Portion of Land may become chargeable for or in respect of the Costs and Expences of the Works proposed to be executed, shall be deemed the Proprietor of such Land, and the Person entitled to assent, for the Purposes of this Act: Provided always, that in case several such Persons shall desire to become assenting Proprietors, and to make such Deposit as shall be so required, Preference shall be given to such of the said Persons as shall be in actual Occupation of the Lands; and in case the Person so in Occupation shall not so desire, or shall not make such Deposit, then the Person who shall have the next Estate or Interest in such Lands greater than that of such Occupier or Occupiers thereof, and shall so desire, and make such Deposit, shall be preferred, and so on, that Person (if there be more than One signifying such Desire, and so making such Deposit), being always preferred who shall have, among such Persons as last aforesaid, such Estate or Interest as aforesaid nearest in order to and greater than that of the Occupier of such Lands : Provided also, that in case any such Person shall become such assenting Proprietor the Assent of no other Person shall be taken into account in respect of such Lands.