Drainage (Ireland) Act 1856
| Jurisdiction | UK Non-devolved |
| Citation | 1856 c. 62 |
| Year | 1856 |
(19 & 20 Vict.) C A P. LXII.
[21st July 1856]
'WHEREAS by an Act passed in the last Session of Parliament, intituled Irelandtowards 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,
In the District of LoughNeagh , situate in the Counties of Antrim, Derry, Tyrone, Armagh , and Down , the Navigation 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:
In the District ofBallynamore 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 LoughsCorrib, 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 Inquiries as therein mentioned the said Commissioners of the Treasury might think fit, and with any Modifications or Alterations 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:
I The Navigation in the District of Lough Neagh to be divided into Two Navigations for the Purposes of this Act.
I. The said Navigation in the District of LoughNeagh 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 Navigations to vest in Trustees for the Use of Counties.
II. The saidLower 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 , andCarra , together with all Locks, Weirs, and 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.
III Commissioners to determine what are Navigation Works and what are Drainage Works.
III. The Works to be vested as aforesaid in the Trustees of the said Navigations respectively under this Act shall be the Works described in this Behalf in the Award of the said Commissioners of Public Works, and the Works (connected with such Navigations respectively) for the Maintenance whereof as Works of Drainage Trustees are to be appointed under the Act of the 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 Trustees of Lower Bann Navigation.
IV. The following Persons shall be Trustees of the saidLower Bann Navigation; that is to say, George Macartney Esquire, M.P., the Reverend Arthur Pakenham, John Montgomery Esquire, John 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 Trustees of Upper Bann Navigation.
V. The following Persons shall be Trustees of the saidUpper Bann Navigation; (that is to say,) John Calvert Stronge Esquire, John Hancock Esquire, and Denis C. Brady Esquire, as Trustees 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 Trustees of Navigation in Ballinamore and Ballyconnell District.
VI. The following Persons shall be Trustees of the said Navigation in the District ofBallinamore 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 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...
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