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Proceedings where Proprietors unanimously desire to have their Lands drained.
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XLIII. ‘And whereas it is expedient to allow Proprietors of Land, when unanimous, to execute certain Works instead of the Commissioners;’ be it enacted, That in any Case in which all the Proprietors of any Lands proposed to be drained shall unanimously apply by Memorial to the said Commissioners pursuant to the Provisions of the said recited Acts or of this Act, and shall, together with such Memorial, furnish to the said Commissioners a Consent in Writing, signed by themselves, and by all the Occupiers of the Lands proposed to be drained or improved, and shall furnish to the said Commissioners the Funds requisite for defraying all the preliminary Expences necessary to be incurred under the Provisions of the said recited Acts or of this Act, it shall be lawful for the said Commissioners to cause to be made such Survey, Inquiries, Examinations, Maps, Plans, Sections, and Estimates respecting such Works, and such Report thereon, as by the said recited Acts and by this Act are directed to be made, and shall cause the same respectively to be deposited for Inspection, pursuant to the Provisions of the said recited Acts and of this Act; and in case all such Proprietors and Occupiers shall thereupon unanimously assent in Writing to the Execution of the proposed Work, and the Declaration and all other Proceedings thereon shall have been made and concluded, and the final Notice shall be given, pursuant to the Provisions of the said recited Acts and of this Act respectively, it shall be lawful for all the said Proprietors, or for any One or more of them, having first obtained the Consent in Writing of all the others in that Behalf, to undertake the Execution of the said Work, and to make and complete the same out of his or their own proper Funds, according to and in conformity with the Plans, Sections, and Specifications so approved of by the said Commissioners; and when all such Works shall have been fully executed and completed to the Satisfaction of the said Commissioners, in conformity with the said Plans, Sections, and Specifications, it shall be lawful for the said Commissioners to draw up and make their Award in like Manner as if the said Works had been executed by the said Commissioners under the said recited Acts and this Act; and all the Provisions of the said recited Acts and of this Act, in relation to an Award to be made in Cases where the said Commissioners shall have caused any Work to be executed, shall apply to such last-mentioned Award, so far as the same may be applicable thereto; and the respective Sums of Money which by such Award shall be specified as the Proportions or Contributions payable in respect of the several Parcels or Portions of the Land drained or improved by Drainage, or by any Works executed in the Manner last aforesaid, conformable to the said Plans, Estimates, and Specifications, and not exceeding the Sum mentioned in such Estimates, or such further Sum or Sums as the said Commissioners shall direct or approve of, in or about such Drainage or Improvements as aforesaid, with Interest for such respective Sums, at a Rate not exceeding Five Pounds per Centum per Annum, to be specified in such Award, to be payable and computed from the Time or Times for that Purpose to be specified therein, shall be charged in favour of the Person or Persons who shall by such Award be declared entitled thereto, and shall be secured, recovered, and raised or levied, in like Manner, and with the like Remedies, and by the like Means and Proceedings, as are given or provided by the said Acts and this Act in relation to the charging, securing, recovering, raising, or levying of the respective Sums of Money to be specified in any Award to be made under the said recited Acts of this Act, and, when received, recovered, raised, or levied, shall, after deducting all such Costs and Charges of the said Commissioners as shall not be recovered from the Lands or Persons liable thereto, be paid to the Person or Persons entitled thereto, or to his or their Executors or Administrators, according to the Proportions specified in such Award: Provided also, that it shall be lawful for the Proprietor or Proprietors who shall so execute such Works pursuant to the Provisions last aforesaid, or his or their Executors or Administrators, to proceed in the Names of the Commissioners, or of the Secretary of the said Commissioners, but with the Consent of the Commissioners first to be obtained in Writing for that Purpose, and upon full Indemnity to them, and at the Costs of such Proprietor or Proprietors, or his or their Executors or Administrators, for Recovery of the several Sums to which he or they shall and may be entitled under such Award: Provided always, that in any Case or Cases wherein any Mill or Factory is to be altered, removed, or injuriously affected, or where any existing Navigation is to be affected or altered, or any new Navigation created, it shall not be lawful for any Person or Persons, save the said Commissioners, to make or execute any such Drainage as last aforesaid, or any Works for that Purpose, or any Part thereof; although all the Proprietors of the Lands to be drained or improved by such Works as last aforesaid shall have unanimously consented that the same shall be executed by them or One of them: Provided also, that no Portion of any Work or Works the Expences of making or executing whereof shall be chargeable upon or payable out of the Funds of any County or Counties, or be raised or levied by Presentment of any Grand Jury in Ireland shall be made or executed by any such Proprietor or Proprietors under the Powers last aforesaid.
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