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Aqueducts, Culverts, and Tunnels under Canals to be kept thoroughly cleansed.
Proceedings in case of Neglect.
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XLII. ‘And whereas many Aqueducts, Culverts, and Tunnels under Canals in Ireland are, either by reason of their original Construction, or from Neglect to cleanse and scour the same, insufficient to discharge the Flood Waters of the Streams or Drains upon which they are constructed at a sufficiently low Level for the Purposes of draining the Lands lying above such Aqueducts, Culverts, and Tunnels, whereby much Injury is done and Improvement prevented in such Lands, and it is expedient, just, and right to provide Means whereby such Evil may be prevented;’ be it therefore enacted, That in all Cases when such Insufficiency as aforesaid is caused by reason of Neglect to scour or cleanse, or by the Accumulation of Matter in such Aqueducts, Culverts, or Tunnels as aforesaid, the Canal Company to whom such Aqueducts, Culverts, or Tunnels belong, after Fourteen Days Notice in that Behalf served upon the Secretary, Treasurer, or known Engineer of such Company, shall cause, and they are hereby required to cause, such Aqueducts, Culverts, or Tunnels to be thoroughly scoured and cleansed out, and all such accumulated Matter to be removed; and in case any such Company shall neglect, for the Space of Ten Days after the Expiration of said Fourteen Days, or refuse, to cleanse, scour out, or remove such accumulated Matter, it shall be lawful for the Magistrates at Petty Sessions for the District in which, such Aqueduct, Culvert, or Tunnel shall be situate, upon the Complaint of the Party or Parties injured, to summon before them the said Canal Company, and such other Person or Persons as to such Justices may seem fit, and to hear and investigate the Matter of such Complaint, and determine the same, and, in case the said Justices shall deem the said Complaint to be well founded, to order and direct any Person or Persons, to be named in and by a Warrant to be by them issued in that Behalf under their Hands and Seals, to enter upon, cleanse, scour out, and remove such accumulated Matter from such Aqueduct, Culvert, or Tunnel; and the Cost and Expence of so doing, and all Expences incidental thereto, shall and may be recovered from such Canal Company by Civil Bill; and in all Cases where such Insufficiency as aforesaid shall be caused by reason of the original Construction of such Aqueduct, Culvert, or Tunnel, and the Canal Company to which the same shall belong shall neglect, for the Space of One Month after the Expiration of Fourteen Days from the Service of a Notice in that Behalf, or refuse, to enter into an Agreement for the effectual Alteration of such Aqueduct, Culvert, or Tunnel, so as to make them in every respect sufficient for the Discharge of Flood Waters at so low a Level as will not be injurious to such Lands as aforesaid, it shall be lawful for any Proprietor or Proprietors of such Lands to apply by Memorial to the Lord Lieutenant or other Chief Governor or Governors of Ireland, stating the Nature of the Case, and praying that Relief may be afforded, and undertaking to pay such Portion of the Costs of altering such Aqueduct, Culvert, or Tunnel as, under the Provision herein contained, he or they shall be deemed liable to pay; and it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland to direct that the Commissioners for the Execution of this Act shall cause such Aqueduct, Culvert, or Tunnel to be altered in such Manner as to them shall seem sufficient for the free Discharge of the Flood Waters at so low a Level as will prevent Injury to the Lands above them, and, for the Purpose of executing such Works, to apply any Funds which may be at their Disposal for the Time being under the Provisions of the said recited Acts or this Act; and the Costs and Expences of making such Alteration, with all Expences incidental thereto, shall be recovered by the said Commissioners in equal Moieties from the Company to which such Aqueduct, Culvert, or Tunnel shall belong, and from the Proprietor or Proprietors of such Lands as aforesaid, by Civil Bill in the County where such Lands shall be situate, or by Action or Suit in any of the Superior Courts in Dublin; and Service of such Notice, Summons, or Civil Bill at the Office of such Company in Dublin, or on any known Agent or Officer of such Company in the County where any Lands the Subject of such Complaint are situate, shall be deemed good Service of the same on the said Company.
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