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Commissioners may enter into Lands to make Surveys, and take temporary Possession thereof for depositing Materials, making Compensation.
No Compensation for the Value of Materials taken, but only for the Surface Damage.
Notice to be given, and Lands fenced.
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XXXV. ‘And whereas it is expedient that the said Commissioners, their Engineers, Agents, Workmen, and others employed by them, should be empowered to enter upon and take temporary Possession of all or any of the Lands herein-after described, for any of the Purposes herein-after mentioned, making Compensation as herein-after directed for such temporary Occupation or Damage;’ be it therefore enacted, That it shall and may be lawful for the said Commissioners, their Engineers and Workmen, and all others employed by them, and they and each of them are and is hereby empowered, at any Time or Times, if it shall seem expedient to the said Commissioners so to do, to enter into the Lands of the Queen’s most Excellent Majesty, or of any Corporation or Person whatsoever, adjoining or lying near to the said River Shannon, or adjoining or lying near to any Work or Works executed or to be executed under this Act, or which by this Act are vested in or placed under the Care of the said Commissioners, for the Purpose of making such Surveys, Examinations, and Admeasurements as to the said Commissioners shall seem expedient for the Purposes of this Act, and, if necessary, to dig and bore therein, and also to enter into and take temporary Possession of such Lands, or any Parts thereof, for the Purpose of depositing or manufacturing thereupon, or on any Part thereof respectively, any Soil, Gravel, Clay, Sand, Stone, or other Materials whatsoever which shall have been excavated, dug, or got in any of the said Works, or which may be taken or dug out of or from any Lands adjoining to the Place where the said Works or any of them shall be carried on, or which shall be necessary for carrying on, maintaining, or repairing such Works, or any of them, and to dig, cut, get, take, quarry, remove, and carry away out of and from such Lands, any Soil, Gravel, Clay, Sand, Stone, or other Materials which can or may be got or found thereon or therein, and which may be requisite or convenient for making, maintaining, or repairing any of the said Works, and to use or make such Ways and Passages for any of the Purposes aforesaid over or across such Lands as to them shall seem expedient, they the said Commissioners, their Engineers, Agents, Workmen, and all others employed by them, doing as little Damage as may be in the Exercise of the Powers hereby granted to them, and making such Compensation as they shall think just for such temporary Occupation or Damage of the said Lands to the Owners or Occupiers thereof: Provided always, that no Compensation shall be given to any such Owner or Occupier in respect to the Value of any Stones, Gravel, or other Materials, but simply for the Waste committed by breaking the Surface and making a Passage through the Land, unless Quarries and Gravel Pits have been specifically demised to him in the Lease he holds of the Lands, with Liberty to sell and dispose thereof: Provided also, that before it shall be lawful for the said Commissioners to make such temporary Use as aforesaid of such Lands, the said Commissioners shall and they are hereby required to give at least Three Days Notice of such their Intentions to the Owners or Occupiers of such Lands, Tenements, or Hereditaments; and provided also, that the said Commissioners, or Persons acting under them, shall set apart, by sufficient Railings or Fences, if required by the Owners or Occupiers so to do, so much of the Lands, Tenements, or Hereditaments as shall be required to be so used as aforesaid, from the other Lands adjoining thereto, and shall, in case any Pit or Hole shall be made in any Lands wherein such Materials shall be found, if the same is not likely to be further useful, cause the same to be filled up and sloped down within Fifteen Days after sufficient Materials shall have been dug thereout.
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