District of Fergus Drainage Act, 1943
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
the expression “the Minister” means the Minister for Finance;
the expression “the Commissioners” means the Commissioners of Public Works in Ireland;
the expression “the Clare Council” means the Council of the County of Clare;
the expression “the Galway Council” means the Council of the County of Galway;
the expression “the Councils” means the Clare Council and the Galway Council;
num: 2
paragraphs: —(1) It shall be lawful for the Clare Council to acquire, in accordance with clause (A) of paragraph 1 of the Scheduled Consent and either by agreement or compulsorily, the lands described in the Second Schedule to this Act in fee simple freed and discharged from all rents, annuities, charges, and encumbrances whatsoever at the price of sixteen pounds per statute acre.
num: 3
paragraphs: —(1) If the Clare Council acquires under this Act the lands described in the Second Schedule to this Act, the Minister may pay to that Council out of moneys provided by the Oireachtas such sum, not exceeding two thousand five hundred pounds, as he shall think proper.
num: 4
paragraphs: —(1) The Councils may, in pursuance of clause (C) of paragraph 1 of the Scheduled Consent, provide out of their respective county funds a sum not exceeding six thousand pounds for the purposes stated in the said clause (C).
(2) Money provided by the Councils under this section shall be so provided in the following proportions that is to say, 98841 of such money shall be provided by the Clare Council and 01159 thereof shall be provided by the Galway Council.
num: 5
paragraphs: —(1) It shall be lawful for the Commissioners to enter upon the lands comprised in the Fergus District and there execute and complete the works specified in clauses (D) and (F), respectively, of paragraph 2 of the Scheduled Consent and for that purpose the Commissioners shall have and may exercise all or any of the powers in relation to the execution or repair of drainage works conferred on them by the Drainage Maintenance Acts, 1866 and 1924.
num: 6
paragraphs: —(1) When the works (in this section referred to as the new works) specified in clauses (D) and (F) respectively, of paragraph 2 of the Scheduled Consent have been completed, those works and the drainage works (in this section referred to as the old works) specified in Schedule B to the Final Award dated the 30th day of October, 1860, shall together form and be, for all purposes, the drainage works of the Fergus District, but, as respects the old works, so far only as those works are essential for the purposes of the said District.
num: 7
paragraphs: —(1) As soon as may be after the passing of this Act the Commissioners shall make an order (in this section and elsewhere in this Act referred to as the charging order under this Act) charging in accordance with this section the following sums (in this section referred to as the charged sums) with interest thereon from the date of the order at the general rate applicable to drainage loans made by the Commissioners at the times at which the advances making up the capital sum mentioned in paragraph (a) of this sub-section were made by the Commissioners, that is to say:—
num: 8
paragraphs: —(1) The Clare Council and the Galway Council shall each of them have and may exercise for the recovery of the sums charged by the charging order under this Act on land situate in their county all and every of the rights, powers, and remedies conferred by the Drainage Maintenance Act, 1866, on the Commissioners for the recovery of sums charged by a charging order under that Act.
(2) Every sum charged on a lot or parcel of land by the charging order under this Act shall be leviable on, payable by, and recoverable from the proprietor or (where such proprietor is not also the occupier) the occupier of such lot or parcel, and the Commissioners shall make such apportionments as may be necessary to give effect to this sub-section, but the liability of an occupier under this section shall be without prejudice to any right to deduct any such sum paid by him from the rent payable by him.
(3) It shall be the duty of each of the Councils to collect from the proprietor or (where the proprietor is not also the occupier) the occupier of every lot or parcel of land charged by the charging order under this Act and situate in their county all sums payable to such Council under the said order by such proprietor and every such sum shall and may be collected and recovered in the like manner as poor rate is or may be collected and recovered.
(4) Section 54 of the Drainage and Improvement of Lands Act (Ireland), 1863, shall apply to all moneys assessed, rated, and taxed on the proprietors of any lot or parcel of land pursuant to the charge on such lot or parcel made by the charging order under this Act.
num: 9
paragraphs: —(1) Nothing in this Act shall prejudice or affect the validity or the operation of the Order dated the 17th day of November, 1931, made by the Minister for Local Government and Public Health under section 20 of the Local Government Act, 1898, as amended by section 3 of the Drainage Maintenance Act, 1924 (No. 46 of 1924), whereby the business of the trustees of the Fergus District was transferred to the Councils.
num: 10
paragraphs: —Notwithstanding anything contained in the Drainage Maintenance Acts, 1866 and 1924, the Commissioners shall not make any charging order under those Acts in respect of works heretofore executed by them in the Fergus District under the Drainage Maintenance Act, 1924 (No. 46 of 1924).
num: 11
paragraphs: —No action or other proceeding shall lie nor shall any damages be recoverable in any Court against the Councils, jointly or severally, the Commissioners, or the trustees of the Fergus District in respect of anything done or omitted to be done by them or any of them in relation to the Fergus District at any time (whether before or after the passing of this Act) before the date of the charging order under this Act.
num: 12
paragraphs: —Save as is otherwise provided by this Act, expenses incurred by the Commissioners in the execution of this Act (including the expenses of the execution and completion of the works specified in clauses (D) and (F),' respectively, of paragraph 2 of the Scheduled Consent) shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.
num: 13
paragraphs: —This Act may be cited as the District of Fergus Drainage Act, 1943.