Drainage (Ireland) Act 1842

Commissioners may enter Lands and dig for Materials, on making Compensation.

LIV. And be it enacted, That it shall be lawful for the said Commissioners, or any Engineer, Workman, or other Person authorized by them, after three Days previous Notice, to enter into, and to search for, dig, take, and carry away Materials out of any Land lying within or contiguous to the Land or River proposed to be drained or improved, for the Purpose of executing or repairing any Works under the Provisions of this Act, making such Compensation for the Surface Damage done to the Proprietors, Lessees, or Occupiers of such Lands, according to their respective Interests therein, as to the said Commissioners shall seem fit and reasonable; and in case of Dispute such Compensation shall be settled, on a Summons to be issued for that Purpose, by any Two or more Justices of the Peace for the County in which such Land is situate, at Petty Sessions: Provided always, that in all Cases where Materials shall be taken from an open Quarry bon[html] fide demised to any Person, with Liberty to raise, sell, and dispose of the Materials therein, the Value of such Materials shall be paid for by the said Commissioners, and the Amount owing, in the event of Difference, us to the same, shall be settled on Summons by any Two or more Justices as aforesaid.