Dublin Improvement Act 1849

Power for Council to charge Places not within Sewerage District, but deriving Benefit from Works, with Part of the Expense of Construction.

LXVIII. ‘And whereas in the Construction and Enlargement of the Sewers and Drains, or some of them, within the said Borough, under the Powers of this Act, it may be deemed by the Council expedient to construct and enlarge some of such Sewers and Drains, or some Part thereof, of such Size, Capacity, and Strength, and in such Situation, Manner, and Form, in One or more of the Sewerage District or Districts, or in some other Parts of the said Borough, as may be sufficient, not only for the Wants and Exigencies of such Districts or other Parts of the said Borough, but also for the Purpose of promoting and facilitating efficient Drainage and Sewerage of and in other Sewerage District or Districts or other Parts of the said Borough, and it may in such Case be deemed by the Council proper and equitable to charge such other District or Districts, or other Parts of the said Borough, which in the Judgment of the Council may derive Benefit or Advantage therefrom, with the Payment of the extra Expense, or some Part thereof, which may have been incurred in constructing, enlarging, maintaining, repairing, and cleansing such Sewers and Drains as aforesaid, in manner and subject as herein-after mentioned:’ Be it therefore enacted, That if at any Time the Council shall be of opinion that any Expense which may have been incurred by any Drainage District by this Act formed within the said Borough, which shall have been defrayed by or charged upon the District Sewer Rate levied and collected therein respectively, in making, constructing, maintaining, repairing, or cleansing any Sewer or Sewers of a Size, Capacity, Strength, or otherwise as aforesaid, and any Benefit and Advantage shall thereby be derived or conferred by or to any Drainage District within the said Borough, by reason of such last-mentioned District opening into or communicating with any such Sewer or Sewers which may have been made and constructed as aforesaid, it shall be lawful for the Council in any of the Cases aforesaid (if they shall in their Discretion deem it proper and equitable so to do) from Time to Time to order and direct the District which shall by the Means and in manner aforesaid derive or receive any such Benefit or Advantage by the Facility of opening and communicating with and into such Sewer or Sewers, or otherwise, to pay in respect thereof such Sum or Sums of Money, at such Time or Times, and subject to such Terms and Conditions, as the Council shall think just and reasonable, which Sum or Sums of Money shall be applied by the Council in aid of the District Sewer Rate levied and collected within the Drainage District, and at whose Expense the said Sewer or Sewers shall be constructed, enlarged, maintained, repaired, and cleansed as aforesaid; and all such Monies which the Council shall think fit so to order and direct to be paid as aforesaid shall be a Charge upon the District Sewer Rate within and for any Drainage District which shall be so ordered and directed to pay such Money, and the same shall and may be levied and collected by the Authority of the Council in such Manner and by such Ways and Means as by this Act are authorized for making, levying, and collecting such Rates respectively.