Drainage (Ireland) Act 1842

Commissioners to make an Award upon Completion of any of the Works.

CVI. And be it enacted, That as soon as conveniently may be after any Works for the Drainage or Improvement of any Land or the Navigation of any River under this Act, or any other Work by this Act authorized to be executed, shall have been completed the said Commissioners shall draw up, or cause to be drawn up, an Award or Instrument in Writing which shall describe the Land or River drained or improved as aforesaid, and the Work or Works which shall have been so completed; and such Award shall also specify the several Quantities belonging to the reputed Proprietors respectively of such Land so drained or improved as aforesaid, and the original Value and the Increase in the Value of the Land so drained or improved; and such Award shall also specify the Amount of the Sums which shall have been expended in and about the Works which shall have been so executed for Drainage, or Improvement by Drainage, and all Expences incident thereto (including the Interest of all borrowed Monies), and the Proportions of such Sums payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage towards Payment of the total Amount of the Costs, Charges, and Expences of such Drainage, or incidental thereto, and whether the same shall be repaid in One Sum or by Instalments, and if by Instalments then said Award shall also specify the several Instalments, and the Manner by and in which such Proportions shall be paid, regard being had to the Degree of Benefit conferred as aforesaid, and the Circumstances of each particular Case; and in the Case where any Water Power shall be improved by the making of Embankments or Reservoirs, or any Works so completed under the Provisions herein-before contained, or executed with the Consent of the Proprietors of Mills as aforesaid, the said Award shall also specify the Lands liable under the Provisions of this Act to the Payment of the Expences of the Execution of the Works of such Improvement, or incidental thereto, and the Amount of such Expences, and the Proportions thereof with which such Lands shall be respectively charged, and whether the same shall be repaid in One Sum or by Instalments as aforesaid; and in the Case of the Improvement of the Navigation of any River, the said Award shall specify the Amount of the Costs, Charges, and Expences to be borne in respect thereof by the District in which such River, or any Part thereof, is situate, or the Grand Jury of the County in which such District shall be situate, or by the Person who shall have guaranteed or secured the Payment of the Costs of such Improvement; and the said Award shall also specify whether such Amount shall be repaid in One Sum or by Instalments as aforesaid; and the said Award shall also specify the Baronies, Half Baronies, or Townlands in the District benefited by the Improvement of such River, and the Proportions in which such Baronies, Half Baronies, or Townlands are thereby benefited ; and the said Commissioners shall also cause to be inserted in every such Award all such other Determinations, Matters, and Things as the said Commissioners shall think necessary and proper; and the said Commissioners shall also cause to be specified in every such Award the Proportion in which the Land so improved as aforesaid, and the Proprietors of such Lands in respect thereof respectively for the Time being, shall in future be annually charged towards the Costs and Expences which may from Time to Time be incurred in or about the maintaining, cleansing, and keeping in repair the several Watercourses, Sluices, Drains, Ditches, Cuts, Rivers, Lakes, Streams, Tunnels, Culverts, Banks, Bridges, Outlets, Weirs, Engines, Reservoirs, Embankments, Fences, and other Works to be executed under this Act, and shall specify, according to such Proportions as aforesaid, the Rate which shall be payable towards such Costs and Expences as last aforesaid, for the Year next ensuing the Date of each Award.