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Drainage (Ireland).

CA P. LXII.

An Act to provide for the Maintenance of Navigations made in connexion with Drainage, and to make further Provision. in relation to Works of Drainage in Ireland.

[21st July 1856.]

THEREAS by an Act passed in the last Session of Parlia

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ment, intituled An Act to authorize the Application of 18 & 19 Vict. certain Sums granted by Parliament for Drainage and other c.110. Works of public Utility in Ireland towards the Completion of • certain Navigations undertaken in connexion with Drainages, and to amend the Acts for promoting the Drainage of Lands and Improvements in connexion therewith in Ireland, after reciting that the Navigations therein, including those herein-after mentioned, had been undertaken and in part executed under the • Provisions of the Acts therein referred to; that is to say,

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In the District of Lough Neagh, situate in the Counties of
Antrim, Derry, Tyrone, Armagh, and Down, the Navi-
'gation of the Lower Bann River from the Bridge of
Coleraine in the tidal Part of the said River to Lough
Neagh, and extending thence to the First Lock or
Entrance of the Lagan, Newry, Ulster, and Coal Island
• Canals:

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In the District of Ballynamore and Ballyconnell, situate in
the Counties of Leitrim, Cavan, and Fermanagh, the
Junction Navigation by the Course of the Woodford
• River and Lakes, from Lough Erne, at the Mouth of the
'said River, to the River Shannon near the Village of
• Leitrim:

In the District of Loughs Corrib, Mask, and Carra, in the 'County of the Town of Galway and Counties of Galway and Mayo, the Navigation by the River and Lake Corrib, ' and Loughs Corrib, Mask, and Carra, from the Sea at Galway to the Northern Extremity of the said Lough 'Mask and Carra, and to Cloon Lough in the River Aill: • And that free Grants to the Amount therein mentioned had been theretofore made by the Authority of Parliament for the Purposes of the said Navigations, it is enacted, that it should be lawful for the Commissioners of Her Majesty's Treasury, out of the Monies therein mentioned, to issue such Sum as might be necessary towards defraying the Expenses incurred in respect of the several Navigations therein mentioned, and towards the Completion of such several Navigations or such of them, or such Parts of them or any of them as it might be considered by the • Commissioners of the Treasury expedient and proper to complete; and that the said Commissioners of the Treasury might authorize and direct the Commissioners of Public Works to cause to be completed the said Navigation Works or such of the same, or such Portions of them or any of them as upon Inqui6 ries as therein mentioned the said Commissioners of the Treasury might think fit, and with any Modifications or Alterations

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Drainage (Ireland).

which to them might appear expedient; and that it should be lawful for the Commissioners of Public Works, by and with the Consent of the Commissioners of Her Majesty's Treasury, by Warrant under the Hands of the said Commissioners of Public Works, or any Two of them, from Time to Time to direct that the said Navigations or any of them, with the Tolls thereof, 'should be deemed and become the public Property of the County or Counties, if more than One, in which respectively the Lands chargeable under the Award in relation to the said Navigations respectively are situate; and from and after the Date of any such Warrant such Navigation, together with all Locks, Weirs, and other Works, Rights, Members, and Appurtenances thereto belonging, should be deemed and taken to be the public Property of such County or Counties as aforesaid, and be held, maintained, and preserved by the Grand Jury or Juries of such County or Counties, with such Powers and Authorities and subject to such Provisions and Regulations as might thereafter be established by Parliament in relation thereto: And whereas the Three Navigations herein-before mentioned, with certain Modifications or Alterations directed under the said Act, have been or shortly 'will be completed: And whereas it is expedient to provide for the due and proper Maintenance and Regulation of the said Navigations, and for that Purpose that such Navigations should 'be vested in Trustees as herein-after provided:' 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, as follows:

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I. The said Navigation in the District of Lough Neagh shall for the Purposes of this Act be divided into Two Navigations; and One of such Navigations shall be called "Lower Bann Navigation," and shall consist of the Portion of the said Navigation in the District of Lough Neagh next herein-after described; (that is to say,) the Portion of the said Navigation which extends from the Bridge of Coleraine in the tidal Part of the River Bann to Lough Neagh in the Counties of Londonderry and Antrim respectively, including that Part of Lough Neagh situate in the said last-mentioned Counties, according to the Boundaries of the said Counties through the Waters of the said Lough as laid down on the Ordnance Survey; and the other of such Navigations shall be called "Upper Bann Navigation," and shall consist of the Portion of the Navigation in the District of Lough Neagh herein-after described; (that is to say,) the Portion of the said Navigation which extends from Blackwater Town by the River Blackwater to Lough Neagh, including that Part of the said Lough situate in the said Counties of Armagh, Tyrone, and Down, according to the Boundaries of the said Counties through the Waters of the said Lough as laid down on the Ordnance Survey.

II. The said Lower Bann Navigation and Upper Bann Navigation, the said Navigation in the District of Ballynamore and Ballyconnell, and the said Navigation in the District of Lough Corrib, Mask, and Carra, together with all Locks, Weirs, and

other

Drainage (Ireland).

other Works, Rights, Members, and Appurtenances thereto belonging, shall, by virtue of this Act, and from the Date of the Award of the said Commissioners of Public Works under the said Act of the last Session of Parliament in relation thereto, vest in the Trustees for the Time being incorporated under this Act for such Navigation, for the Use of the Counties, Baronies, and Townlands chargeable under such Award, and shall be held, maintained, and preserved by such Trustees, subject to the Provisions in this Act contained.

and what are

III. The Works to be vested as aforesaid in the Trustees of Commissioners the said Navigations respectively under this Act shall be the to determine Works described in this Behalf in the Award of the said Com- what are Navimissioners of Public Works, and the Works (connected with such gation Works Navigations respectively) for the Maintenance whereof as Works Drainage of Drainage Trustees are to be appointed under the Act of the Works. Session holden in the Fifth and Sixth Years of Her Majesty, Chapter Eighty-nine, and the Acts amending the same, shall be the Works described in this Behalf in the Award of the said Commissioners of Public Works.

IV. The following Persons shall be Trustees of the said Lower Trustees of Bann Navigation; that is to say, George Macartney Esquire, M.P., Lower Bann the Reverend Arthur Pakenham, John Montgomery Esquire, John Navigation. Rowley Miller Esquire, and Henry Stanley M'Clintock Esquire, as Trustees on behalf of and as representing the County of Antrim; and Sir H. Hervey Bruce Baronet, Robert Peel Dawson Esquire, Andrew Spotswood Esquire, George Bicknell Esquire, and Henry Anderson Esquire, as Trustees on behalf of and as representing the County of Londonderry; and Charles James Knox Esquire, on behalf of and as representing the Borough of Coleraine; and the Trustees for the Time being of such Navigation shall be a Body Corporate, by the Name and Style of "The Lower Bann Navigation Trustees," and by that Name have perpetual Succession and a Common Seal.

V. The following Persons shall be Trustees of the said Upper Trustees of Bann Navigation; (that is to say,) John Calvert Stronge Esquire, Upper Bann John Hancock Esquire, and Denis C. Brady Esquire, as Trustees Navigation. on behalf of and as representing the County of Armagh; Richard Loyd Esquire, John Cranston Esquire, and Walter Hoare Esquire, as Trustees on behalf of and as representing the County of Tyrone; and Major Henry Waring and Crane Brush Esquire, as Trustees on behalf of and as representing the County of Down; and the Trustees for the Time being of such Navigation shall be a Body Corporate, by the Name and Style of " The Upper Bann Navigation Trustees," and by that Name have perpetual Succession and a Common Seal, and sue and be sued.

VI. The following Persons shall be Trustees of the said Navigation in the District of Ballinamore and Ballyconnell; that is to say, Perrott Thornton Esquire, Captain John Johnston, and Archibald Godley Esquire, as Trustees on behalf of and as representing the County of Cavan; Francis La Touche Esquire, William Lawder Esquire, and Hugh O'Beirne Esquire, as Trustees on behalf of and as representing the County of Leitrim; the Right Honourable

Trustees of Navigation in Ballinamore and Ballyconnell District.

Trustees of Navigation in Lough Corrib

District.

Trustees may purchase and

hold Lands, &c.

Grand Jury may remove Trustees.

Provisions for

supplying Va cancies among

Trustees.

Drainage (Ireland).

Honourable the Earl of Erne, the Reverend John Grey Porter, and Robert Collins Esquire, as Trustees on behalf of and as representing the County of Fermanagh; and the Right Honourable Lord Viscount Lorton, Edward King Tenison Esquire, and James Kerkwood Esquire, as Trustees on behalf of and as representing the County of Roscommon; and the Trustees for the Time being of such Navigation shall be a Body Corporate, by the Name and Style of "The Ballinamore and Ballyconnell Navigation Trustees," and by that Name have perpetual Succession and a Common Seal, and sue and be sued.

VII. The following Persons shall be Trustees of the said Navigation in the District of Loughs Corrib, Mask, and Carra; that is to say, the Most Noble the Marquis of Clanricarde, Lord Clanmorris, Anthony O'Flaherty Esquire, M.P., Francis Blake (of Cregg) Esquire, James Martin Esquire, and Denis Kirwan Esquire, as Trustees on behalf of and as representing the County of Galway; Edward C. Burke Esquire, the Reverend Peter Daley, and John Blakeney Esquire, as Trustees on behalf of and as representing the County of the Town of Galway; and the Right Honourable the Earl of Lucan, Lieutenant Colonel G. G. Ouseley Higgins, M.P., and Colonel Charles Knox, as Trustees on behalf of and as representing the County of Mayo; and the Trustees for the Time being of such Navigation shall be a Body Corporate, by the Name and Style of "The Lough Corrib Navigation Trustees," and by that Name have perpetual Succession and a Common Seal, and sue and be sued.

VIII. The said Navigation Trustees so respectively incorporated may for the Purposes of their respective Trusts (without Licence in Mortmain) purchase, take, and hold Lands and Hereditaments, and Goods and Chattels, and dispose thereof.

IX. It shall be lawful for the Grand Jury of every County which or any Barony or Townland in which is chargeable under the Award of the said Commissioners of Public Works in relation to any Navigation herein-before mentioned, and vested in Trustees under this Act, at any Assizes to be hereafter held for such County, to remove any of the Trustees of such Navigation named in this Act, or to be hereafter elected on behalf of such County.

X. If any Trustee named in or to be elected under this Act die, resign, or refuse or become incapable to act, or be removed, it shall be lawful for the Grand Jury at any Assizes to be holden for the County on behalf of which such Trustee shall have been named or elected to elect another Trustee in his Place; provided, that every Trustee to be so elected shall be seised or possessed of Freehold or Leasehold Lands situate in the County on behalf of which he is elected of the yearly Value of One hundred Pounds or upwards over and above any Rent payable thereout, or shall be Agent to an Estate in such County of the yearly Value of Two thousand pounds or upwards, or to Two or more Estates in such County of such yearly Value in the whole: Provided always, that the same Power of Appointment and Removal hereby given to the Grand Juries with regard to the Trustees for the Counties of Antrim and Londonderry, shall, as far as One of such Trustees,

Drainage (Ireland).

in the Case of the said Lower Bann Navigation, be exercised by

the Town Commissioners of Coleraine.

XI. It shall be lawful for the said Navigation Trustees respec- Power to aptively from Time to Time to appoint and employ an Engineer and point Officers. Superintendent of the Navigation and Works of which they are Trustees, a Clerk, Collectors, and such other Officers and Servants as may be necessary, at such Salaries or Payment respectively as the said Navigation Trustees may think proper, and from Time to Time to dismiss at their Discretion the Persons so appointed or employed, and appoint and employ others in their Place.

XII. The said Trustees so respectively incorporated shall hold First Meetings their First Meetings respectively at Noon on the Third Tuesday of Trustees. in the Month of January next, and such Meetings shall respec

tively be held as follows:

For the Lower Bann Navigation at the Court House in Ballymoney in the County of Antrim:

For the Upper Bann Navigation at the Court House in Lurgan
in the County of Armagh:

For the Ballinamore and Ballyconnell District at the County
Court House in Cavan in the County of Cavan:

For the Loughs Corrib, Mask, and Carra District at the County
Court House in Galway.

XIII. All Powers and Duties vested in the Trustees of any of Quorum of the said Navigations may be exercised at any Meeting of such Trustees. Trustees at which not less than Three of them are present.

XIV. It shall be lawful for the Trustees of any such Naviga- Trustees may tion as aforesaid from Time to Time to appoint from among them- appoint Comselves Committees for such Purposes, connected with the Manage- mittees. ment of such Navigation, as such Trustees may think fit, and from Time to Time to continue, alter, or discontinue any such Committee; provided that no such Committee shall be appointed consisting of less than Three Persons.

Power to take

XV. It shall be lawful for the said Trustees, from Time to Time and at all Times hereafter, to demand, receive, levy, and take for Tolls. and in respect of the Use of the Navigation of which they are Trustees, and also for Wharfage or Quayage at any Pier, Harbour, Landing Place, Quay, or Wharf, built, erected, or made in connexion therewith, such Rates or Tolls as the said Trustees, with the Approbation of the said Commissioners of the Treasury, think fit; and it shall be lawful for the said Trustees to fix the Time or Times respectively from and after which such Rates or Tolls shall be payable.

XVI. Any Boat or Vessel charged with a Tonnage Rate shall Limitation of not in any event be liable to pay in respect of any Voyage a greater Tolls. Amount of Toll, exclusive of Quayage or Wharfage, than Two Shillings and Sixpence per Ton; and any Boat or Vessel charged with a Rate per Boat or Boat Load shall not in any event be liable to pay in respect of any One Voyage a greater Amount of Toll, exclusive of Quayage or Wharfage, than Eight Shillings per Boat or Boat Load: Provided also, that no Toll or Rate whatever, except Wharfage or Quayage, shall be rated, levied, or imposed by the said Trustees under this Act upon Steam Vessels employed 19 & 20 VICT.

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