Drainage and Improvement of Lands (Ireland) Act, 1855

DRAINAGE AND IMPROVEMENT OF LANDS (IRELAND) ACT 1855

CAP. CX.

An Act to authorize the Application of certain Sums granted by Parliament for Drainage and other Works of public Utility in Ireland towards the Completion of certain Navigations undertaken in connexion with Drainages, and to amend the Acts for promoting the Drainage of Lands and Improvements in connexion therewith in Ireland. [14th August 1855.]

5 & 6 Vict. c. 89.

8 & 9 Vict. c. 69.

9 & 10 Vict, cc. 4 and 86.

10 & 11 Vict. c.79.

16 & 17 Vict, c. 130.

9 & 10 Vict c. 4.

10 & 11 Vict. c.79.

WHEREAS an Act was passed in the Session of Parliament holden in the Fifth and Sixth Years of Her Majesty, Chapter Eighty-nine, “to promote the Drainage of “Lands and Improvement of Navigation and Water Power “in connexion with such Drainage in Ireland:” And whereas the said Act was amended by an Act passed in the Session of Parliament holden in the Eighth and Ninth Years of Her Majesty, Chapter Sixty-nine, and by an Act passed in the Session of Parliament holden in the Ninth and Tenth Years of Her Majesty, Chapter Four, and by an Act passed in the same Session of Parliament, Chapter Eighty-six, and by an Act passed in the Session of Parliament holden in the Tenth and Eleventh Years of Her Majesty, Chapter Seventy-nine and by an Act passed in a Session of Parliament holden in the Sixteenth and Seventeenth Years of Her Majesty, Chapter One hundred and thirty: And whereas by the said Act of the Ninth and Tenth Years of Her Majesty, Chapter Four, it is enacted, that in all Cases where, for the Purposes of Navigation connected with Drainage, a free Grant of a Moiety or more of the Expense, of making or improving any such Navigation should or might be made under the Authority of Parliament, and the other Moiety or Residue of the Expense of making or improving such Navigation should or might be raised or advanced by way of Loan under the Provisions of the therein recited Acts or the said Act now in recital, then such Moiety or Residue so raised or advanced should, with Interest from the Date of such Loan, be charged upon the District which by the Declaration to be made in such Case by the said Commissioners under the Provisions of the therein first-recited Act, it should be declared would be benefited by the making or improving of such Navigation, and the several Baronies, Half Baronies, and Townlands in such District, and should be repaid by and levied from such Baronies, Half Baronies, and Townlands in the Proportions in which it should be so declared that such Baronies, Half Baronies, and Townlands would be respectively benefited, in One Sum or by Instalments, under and subject to the several Provisions and Regulations in the therein-recited Acts or the Act now in recital contained in relation to the Levy and Recovery of any Sums which under the Final Award of the said Commissioners should be payable by the Grand Jury of any County in respect of the Improvement of the Navigation of any River: And whereas by the said Act of the Tenth and Eleventh Years of Her Majesty it is enacted, that in all Cases where, for the Purposes of Navigation connected with Drainage, a free Grant of a Moiety or more of the Expenses of making or improving any such Navigation should be or should have been made by the Authority of Parliament, and the other Moiety or Residue of the Expense of making or improving such Navigation should be or should have been raised or advanced by way of Loan, then such Moiety or Residue so raised or advanced should be charged upon the District therein mentioned, and the several Baronies, Half Baronies, and Townlands in such District, and should be repaid by and levied from such Baronies, Half Baronies, and Townlands, without any Declaration of the Justices and Associated Cesspayers, and without any Presentment previously made by the Grand Jury of the County or any of the Counties wherein such District as aforesaid should be situate; and in all such Cases all Proceedings hitherto taken by or before the Commissioners for the Execution of the said Acts under the therein-recited Provision, and all Loans, if any, made to them, and all Securities given by them for the same under such Provision, should be valid and effectual, notwithstanding any Omission or Defect as regards any such Declaration or Presentment as aforesaid: And whereas in connexion with the Drainage of Lands in Certain Districts the Four several Navigations herein-after mentioned have been undertaken and in Part executed under the Provisions of the said recited Acts of the Ninth and Tenth and Tenth and Eleventh Years of Her Majesty; (that is to say.)’

1st. In the District of Lough Neagh, situate in the Counties of Antrim, Derry, Tyrone, Armagh, and Down, the Navigation of the Lower Bann River from the Bridge of Coleraine in the tidal Part of the said River to Lough Neagh, and extending thence to the First Lock or Entrance of the Lagan, Newry. Ulster, and Coal Island Canals:

2d. In the District of Loughs Oughter and Gowna and River Erne, situate in the Counties of Fermanagh and Cavan, the Navigation from Beteek by the Course of Upper and Lower Lough Erne, Lough Oughter and the River Erne, and the Towns of Enniskitten and Belturbet to Killeshandra and near to the Town of Cavan:

3d. In the District of Ballynamore and Ballyconnell, situate in the Counties of Leitrim, Cavan, and Fermanagh, the Junction Navigation by the Course of the Woodford River and Lakes, from Lough Erne, at the Mouth of the said River, to the River Shannon near the Village of Leitrim:

4th. In the District of Loughs Corrib, Mask, and Carra, in the County of the Town of Galway and Counties of Galway and Mayo, the Navigation by the River and Lake Corrib, and Loughs Corrib, Mask, and Carra from the Sea at Galway to the Northern Extremity of the said Lough Mash and Carra, and to Cloon Lough in the River Aill:

‘And whereas free Grants to the Amount of One hundred and thirty-five thousand five hundred and seventy-three Pounds Three Shillings and Sevenpence have been heretofore made by the Authority of Parliament for the Purposes of the said Navigations: And whereas it is expedient to make further Provision by way of free Grant for the Completion of the said Navigations respectively, or such of them or such Portions of them or any of them as, upon Inquiries already made or to be hereafter made under the Directions of the Commissioners ‘of the Treasury, it may be deemed expedient to complete:’ Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: