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(Ireland.)

A

BILL

To promote the Drainage of Lands, and Improvement of
Navigation and Water-power in connexion with such
Drainage, in Ireland.

[Note.-The Words printed in Italics are proposed to be inserted
in the Committee.]

5

W

HEREAS it is expedient that provisions should be made Preamble: for promoting the Drainage of Lands in Ireland, and the improvement of Navigation and Water-power in connexion with Drainage, by empowering the Commissioners of Public Works in Ireland to undertake the execution of such Works on the application and at the charge of the Proprietors; 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, 10 THAT the Commissioners of Public Works in Ireland for the time being, appointed under an Act passed in the Session of Parliament holden in the first and second years of the reign of his late Majesty King WILLIAM the Fourth, intituled, "An Act for the Extension and Promotion of Public Works in Ireland," shall be the Commissioners 15 for the execution of this Act.

Provided always, and be it Enacted, That it shall and may be lawful to and for the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, by warrant under the hands of any Three or more of them, if they shall so think fit, to

1.

The Commismissioners of Public Works Commis sioners under

to be the

this Act.

2.

Two additionsioners may be appointed.

al Commis

3.

Any person interested in any land

liable to be

flooded, may

present Me

morial to the

appoint One or Two persons to assist the said Commissioners of Public
Works, and be Commissioners together with them for the execution
of this Act during pleasure, and to remove either or both of said last-
mentioned Commissioners, and to appoint another or others in the
stead of the person or persons so removed, or dying or resigning; 5
and that all matters and things which the Commissioners for the
execution of this Act, are by any of the provisions of this Act
required or authorized to do or execute, may be done and executed
by any Two of such Commissioners.

in

And be it Enacted, That it shall be lawful for any person interested 10 any land liable to be flooded or injured by water, or capable of being drained, or the drainage whereof may be capable of being improved, to apply by memorial to the Commissioners for the execution of this Act, stating the nature and extent of the land so liable to be flooded or injured by water, and praying that the same 15 ing that same may be drained, or that the drainage thereof may be improved under the provisions of this Act.

Commissioners of Public

Works, pray

may be

drained under the provisions

of this Act.

4. Any person interested in

any river near to any such land, may present Me

in

And be it Enacted, That it shall be lawful for any person interested

any river within, adjacent or near to any such tract of land as aforesaid, and which river, or any part thereof, may be capable of being 20 rendered navigable, or the navigation whereof may be capable of morial, pray- being improved in connexion with drainage, to apply by memorial to the said Commissioners, stating the locality and extent of such river may be river, and praying that the same, or such part thereof, may be improved in conjunction with the drainage of the land adjacent or near thereto, 25 under the provisions of this Act.

ing that the navigation

of such

improved.

5.

Grand Jury

may present Memorial when navigation may be effected or improved.

any

And be it Enacted, That it shall be lawful for the Grand Jury at the Assizes of any county, in which any such river as aforesaid, or such part thereof, may be situate, to make a presentment directing their Secretary to apply by memorial as aforesaid, for the like purpose, 30 to the said Commissioners, provided, One Month at least before the meeting of such Grand Jury, a notice, signed by One or more cesspayers of such county, specifying that it is intended to bring under the consideration of such Grand Jury the propriety of such memorial, shall have been published in Three successive publications of a news- 35 paper circulating in such county, and shall have been Ten Days before such meeting of such Grand Jury posted at the usual places for posting Grand Jury notices in every barony in such county in which any such river or such part of a river proposed to be improved is situate, in the same manner as notices for applications are to be 40 posted under an Act passed in the Session of Parliament holden in the sixth and seventh years of the reign of his late Majesty King WILLIAM the Fourth, intituled, " An Act to consolidate and amend.

T

the

the Laws relating to the Presentment of Public Money by Grand Juries in Ireland."

Memorial

presented, Commisrequire a deposit to be made for defraying preliminary expenses.

sioners may

6. And be it Enacted, That in every case of application by memorial Where as aforesaid, the said Commissioners shall require such a sum to 5 be deposited in their hands by or on behalf of the person or Grand Jury so applying as shall be sufficient for defraying the expense of making the preliminary inquiries, inspection and report hereinafter mentioned, and shall also, whenever afterwards they shall have notified their approval of the matter of such memorial, require to be 10 deposited in their hands by or on the part of such person or Grand Jury, such sum as shall be sufficient for defraying the expenses of making the further surveys, schedules, maps, plans, drawings, sections and estimate hereinafter directed to be made, respecting the land or river proposed to be drained or improved respectively, and the works necessary for draining and improving the same, and for defraying the expenses of all other measures hereinafter directed to be taken for the purposes hereinafter expressed, previous to the actual commencement of any works under the provisions or this Act.

15

7.

Grand Jury may direct the Treasurer to deposit the

of the county

And be it Enacted, That it shall be lawful for any Grand Jury who 20 shall direct any such application by memorial, as aforesaid, to present (without application to Presentment Sessions) any sum which they shall think necessary for or towards providing the amount of such first deposit as aforesaid, or, if they shall think fit, for or towards providing the amount of both such deposits, such amount sioners. 25 to be raised off such baronies and half baronies as shall be specified

in such presentment, and to direct the Treasurer of the county, out of any public monies which he may have in his hands, to lodge with the said Commissioners such first deposit, or both such deposits, according as such Grand Jury shall direct in such presentment, and 30 as the said Commissioners shall require, for defraying the expenses aforesaid; and such Treasurer shall make such deposit, and the amount so presented shall be raised and levied accordingly; and in case the deposit or deposits required by the said Commissioners shall not amount to the sum so presented, the surplus shall be applied as other public monies levied off such baronies or half baronies.

35

any

And be it Enacted, That whenever any such memorial as aforesaid shall be presented to the said Commissioners, and the sum required to be deposited with them for the purpose of making such inquiry, inspection and report as aforesaid shall have been deposited accord40 ingly, the said Commissioners shall direct some engineer or other competent person to inspect, and, if the said Commissioners shall deem fit, to make a survey of the land or river referred to in such memorial, or of any other land or river of which they shall deem it necessary

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sum required to be deposited with the Commis

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9. Commissioners, &c. may enter

5

for the purposes of such memorial that a survey should be made, or to
examine any survey already made thereof, which the said Commissioners
shall think sufficient, and to inquire into and ascertain the present state of
such land or river, and the capacity of the said land for improvement
by drainage, and the probable increase in the value of such land when
so improved, and also the capacity of such river for improvement, and
further to ascertain whether any existing navigation would be injured
by the works necessary to be executed for drainage, or whether any
useful or necessary navigation would or might be effected or improved
either immediately or remotely in conjunction therewith, and whether 10
it may be necessary or expedient for the execution of such works to
purchase, remove, injure or alter any weir, dam, mill, factory or other
building or property, and whether any and what improvement would
or might be effected in any existing water-power, and whether any
new water-power would or might be created in conjunction with such 15
works, and whether, for the prevention of sudden floods and the pre-
servation of surplus water for the supply of towns, mills, factories or
navigation, or for the irrigation of or the warping or depositing soil
by means of water on any lands where same shall be a beneficial
manurance, that any and what reservoirs should be constructed; and 20
such engineer or other person shall report to the said Commissioners
the nature, extent and probable expense of effecting the purposes
aforesaid, and the lands, mills, factories, weirs and other property to
be affected by such works, and the benefit or injury likely to arise to
such lands, mills, factories, weirs and other property respectively from
such works, and the several matters aforesaid.

And be it Enacted, That for the purposes of any inspection, survey or inquiry directed, or necessary under any of the provisions of this lands for the Act, it shall be lawful for the said Commissioners, by themselves, their

purposes of survey or inquiry.

25

surveyors, engineers, agents, officers and workmen, to enter upon any 30
lands or premises in any district within which it is proposed that any
works shall be executed under this Act, or any lands and premises adjoin-
ing thereto, and, if necessary, to dig or bore therein, and also to examine
any weir, sluice or floodgate erected in or upon any river or stream which
it shall seem to them to be necessary to examine, and to open or raise 35
any such floodgate or sluice for the purposes of any such inquiry,
and to make any soundings or bore the bed or channel of any part of
such river, or any mill-course connected therewith, making reasonable
compensation for any damage done thereby; and the amount of such
compensation shall be ascertained by the Magistrates sitting in Petty 40
Sessions for the district wherein any such damage shall be committed,
and they are hereby authorized and required to inquire into and deter-
mine same, and for that purpose to examine all such witnesses as shall be
produced before them, and to make such order as to them shall seem

just

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