Drainage and Improvement of Lands Act (Ireland) 1863

Commissioners to determine Amount of increased Rent to be paid for Land improved.

56. After the Completion of any Drainage Works under this Act, in case any Land which shall be drained or improved by such Drainage Works shall be in the Occupation of a Person who shall not be a Proprietor thereof within the Meaning of the Provisions in that Behalf herein-before contained, or in case any Land so drained or improved shall be held under any Person who shall, within the Meaning of the aforesaid Provisions, be a Proprietor thereof, by any other Person or Persons, under any Lease, Agreement, or Contract for a Lease, or shall be held under any Lease, Agreement, or Contract for a Lease granted or made by any Person or Persons having any immediate or derivative Title from or under such Proprietor, then and in such Case the Commissioners, if called upon so to do, shall determine the Amount of increased Rent or Rents which such Occupant and other Person or Persons having such immediate or derivative Title from or under such Proprietor as aforesaid shall pay in consequence of any Improvement of such Land, regard being had to the Duration, Extent, and Value of the Interest of such Occupant or Person or Persons in such Land, and the necessary Expenses to be incurred in the Cultivation thereof, and the peculiar Circumstances of each Case, and specially to the Amount of Benefit derived by the Tenant by means of the Works, or, at his Option, of the annual Rentcharge which under this Act would cover the Expenses of such Works; and the Landlord or respective Landlords of such Occupant or other Person or Persons, and every intermediate Landlord, shall have the same Remedies for the Recovery of such increased Rent or Rents as he or they was or were entitled to for the Rent or Rents originally reserved; and the Decision of the Commissioners shall be signified by Endorsement sealed by them on the Lease or Instrument, or Leases or Instruments of Demise, or by a separate Instrument, to be executed in like Manner: Provided always, that Notice shall be given by the Commissioners to the Occupier or other Person whose Rent is proposed to be increased of the Intention to make such Increase, and by such Notice a Time and Place shall be specified at which it shall be lawful for such Occupier or other Person to appear before the Commissioners, and make any fair reasonable Objection which he may have to the Rent being increased by the Commissioners in the Manner aforesaid.