|
|
On Completion of Works, Commissioners to make Award.
|
39. As soon as conveniently may be after any Works for the Drainage or Improvement of any Land under this Act, or any other Work by this Act authorized to be executed, shall have been completed, or, if the Commissioners shall think fit, on the Expiration of the Period by the Order of the Commissioners limited for the Completion of such Works, though the same may not have been fully completed; the said Commissioners small make an Award or Awards as herein-after mentioned: They shall draw up, or cause to be drawn up, a Draft Award or Instrument in Writing, which shall describe in general Terms, and by Reference to Maps and Schedules or otherwise, as the Commissioners shall think proper, the Land or River drained or improved as aforesaid, and the 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 of 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 upon and about the Works which shall have been so executed for Drainage or Improvements by Drainage, and all Expenses incident thereto; and such Award shall also specify the Amount of any Monies borrowed, or contributed under the Provisions of this Act (otherwise than and except any Sum advanced or agreed to be advanced by the Commissioners of Public Works), and the Interest on the same from the Date of such Advance; and such Award shall specify the Proportions of such Sums payable in respect of the several Parcels or Portions of the Lands drained or improved by Drainage towards Payment of the total Amount of the Costs, Charges, and Expenses of such Drainage or incidental thereto, and whether the same shall be repaid in One Sum or by Instalments, and if by Instalments the said Award shall also specify the said Instalment; and in every such Award regard shall be had to the Degree of Benefit conferred as aforesaid, and the Circumstances of each particular Case; and by such Draft Award the said Commissioners may also appropriate to each Proprietor so advancing Monies as aforesaid (if in their Opinion it shall be practicable to do so) a Portion of the entire Charge which shall be proportionate to the Sum so advanced by such Proprietor, and to declare such Proprietor to be entitled, in respect of such Portion, to a specified Charge affecting only certain specified Parcels or Denominations of the said Lands, or to declare any Two or more Proprietors so advancing Monies as aforesaid to be jointly entitled to any distinct proportionate Part of the Sum or Sums so to be charged on any distinct Parcel or Parcels, Denomination or Denominations of the said Lands, and in such Shares and Proportions between such last-mentioned Proprietors respectively as by such Draft Award shall be specified; and the said Commissioners may insert in every such Award all such other Determinations, Matters, and Things as they shall think necessary and proper; and the Commissioners shall also specify in every such Award the Proportions in which the Land drained and 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 Expenses 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, Embankments, Fences, and other Works executed under this Act, and shall also specify, according to such Proportions as aforesaid, the Rate which shall be payable towards such Costs and Expenses as last aforesaid for the Year next ensuing the Date of such Award.
|
