No. 3/1926:

RIVER OWENMORE DRAINAGE ACT, 1926

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Commissioners to prepare a draft scheme.

3 Publication of draft scheme.

4 Minister for Finance may confirm scheme.

5 Commissioners to carry out the scheme when confirmed.

6 Mode of fixing amount of compensation.

7 Provision of money for carrying out the works.

8 Commissioners to prepare draft award.

9 Publication of notices of draft award.

10 Repayment of moneys advanced by Commissioners.

11 Constitution of separate drainage district.

12 Maintenance of drainage works.

13 Disposal of lands, etc., acquired under drainage schemes.

14 Making of drainage rate.

15 Raising of moneys by county council.

16 Application of Drainage Maintenance Acts, 1866 and 1924.

17 Inspection or drainage district and works.

18 Duties of Commissioners in regard to public roads and bridges.

19 Conduct of public inquiries.

20 Service of notices, etc.

21 Offences and penalties.

22 Committees may make bye-laws.

23 Short title.

AN ACT TO MAKE PROVISION FOR THE FORMULATING AND CARRYING OUT OF A SCHEME OF ARTERIAL DRAINAGE OF THE RIVER OWENMORE AND ITS TRIBUTARIES.

[18th February, 1926.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—(1) In this Act-

the expression "the Commissioners" means the Commissioners of Public Works in Ireland;

the expression "the draft scheme" means the draft scheme to be prepared by the Commissioners under this Act;

the expression "the scheme" means the scheme confirmed by the Minister for Finance under this Act;

the expression "the county council" means the council of the County of Sligo;

the expression "the county fund" means the county fund of the County of Sligo;

the word "drainage" includes drainage by pumping either alone or in conjunction with other means, and all cognate words shall be constructed accordingly;

all expressions to which special meanings are assigned by the Local Government (Ireland) Act, 1898 have the special meanings so assigned to them respectively.

(2) In all references in this Act to lands drained or proposed to be drained, or to lands improved or benefited by drainage or proposed to be so improved or benefited, the word " lands " shall include lands, buildings, and premises of every description, whether urban or rural.

2.—(1) As soon as may be after the passing of this Act the Commissioners shall prepare a draft scheme of arterial drainage for reducing flooding on the River Owenmore and its tributaries and for the carrying out of the works necessary therefor and of such other works subsidiary or incidental thereto as the Commissioners may think necessary or desirable.

(2) The draft scheme shall show either in the body thereof or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto the following matters, that is to say:—

( a ) the rivers, streams, or waters proposed to be dealt with and the lands proposed to be drained or improved, and

( b ) the works proposed to be executed, and

( c ) the lands and premises proposed to be compulsorily acquired, the easements, water-rights, and other rights proposed to be compulsorily acquired, restricted, terminated, or otherwise interfered with, and the roads and bridges (whether public or private) proposed to be diverted, removed, or otherwise interfered with, and

( d ) the rated occupiers of the several lands proposed to be drained or improved, the respective values of such several lands, and the probable amount by which such values would respectively be increased by the execution of the proposed works, and

( e ) the reputed proprietors, owners, and rated or other occupiers of the several lands and premises, easements, water-rights, and other rights, private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with or affected, and an estimate of the compensation which would be payable to such proprietors, owners, and occupiers respectively on account of such compulsory acquisition, restriction, termination, interference, or affection, and

( f ) the area to be constituted a separate drainage district on the completion of the proposed works, and

( g ) an estimate of the cost of the execution of the proposed works and of the expenses generally of carrying out the proposals contained in the draft scheme.

(3) The expenses incurred by the Commissioners in preparing the draft scheme shall be part of the general expenses of carrying the scheme into execution and shall be paid accordingly.

3.—(1) When the draft scheme has been prepared by the Commissioners, the Commissioners shall-

( a ) publish by advertisement in the Iris Oifigiúil and one or more newspapers circulating in the County of Sligo a notice stating that the draft scheme has been made and the townlands to which it relates and naming a convenient place where the draft scheme (with all maps and other documents annexed thereto) or a copy thereof can be inspected, and

( b ) serve on all rated occupiers of lands proposed in the draft scheme to be drained or improved and all reputed proprietors, owners, and occupiers of lands, rights, or other property proposed in the draft scheme to be compulsorily acquired, interfered with, or otherwise affected a copy of the notice to be published in the Iris Oifigiúil as aforesaid and also, in the case of every such reputed proprietor, owner, and occupier, a notice informing him that the draft scheme proposes the compulsory acquisition of or interference or dealing with some land, right, or other property (which interference or dealing (if any) and property shall be fully described in the notice) owned or occupied by him, and

( c ) serve on the local authority charged with the maintenance of any public road or bridge proposed in the draft scheme to be diverted, removed, or otherwise interfered with a copy of the notice to be published in the Iris Oifigiúil as aforesaid and also a notice informing such local authority of the diversion, removal, or other interference so proposed.

(2) Every notice served on a rated occupier or on a reputed proprietor, owner, or occupier under this section shall contain or be accompanied by a statement or notice requiring such rated occupier or reputed proprietor, owner, or occupier, if he has any objection to the draft scheme or any map or other document annexed thereto, to communicate such objection to the Commissioners in the manner and within the time (not being less than one month) therein specified.

(3) At the expiration of the time limited in the said notices for the communication to the Commissioners of objections to the draft scheme, the Commissioners shall examine all such objections duly communicated to them and may make such (if any) alterations and modifications in the draft scheme as they think proper.

(4) When the Commissioners have considered the said objections (if any) and have finally settled and approved of the draft scheme they shall present the draft scheme as so settled and approved to the Minister for Finance for confirmation.

4.—(1) Upon presentation of the draft scheme to the Minister for Finance by the Commissioners the Minister for Finance may by order confirm the draft scheme either without alteration or with such alterations (whether by way of variation, addition, or omission) as he thinks proper to make therein.

(2) Within one month after the confirmation of the scheme by the Minister for Finance the Commissioners shall serve on every reputed proprietor, owner, or occupier of any land, right, or other property proposed in the scheme to be compulsorily acquired, interfered with, or otherwise affected a notice informing him that the scheme has been confirmed by the Minister for Finance and proposes the compulsory acquisition of or interference or dealing with some land, right, or other property (which interference or dealing (if any) and property shall be fully described in the notice) owned or occupied by him.

5.—When an order has been made by the Minister for Finance under this Act confirming the scheme the Commissioners shall proceed to carry out the scheme and for that purpose the order shall operate to confer on the Commissioners power-

( a ) to construct, execute, and complete the works specified in the scheme with such reasonable additions, omissions, variations, and deviations as shall in the course of the work be found to be necessary, and

( b ) to enter on any land or premises and there do all such acts and things as shall be reasonably necessary for or incidental to the construction, execution, or completion of the works with such additions, omissions, variations, and deviations as aforesaid, and

( c ) to acquire compulsorily the several lands and premises, easements, water-rights, and other rights proposed in the scheme to be compulsorily acquired, and, if the Commissioners think fit so to do, to enter on any such lands or premises or exercise any of such easements, water-rights, and other rights at any time after the confirmation of the scheme and before the conveyance or ascertainment of price of such lands, premises, easements, or rights, and

( d ) to restrict, terminate, or otherwise interfere with any easements, water-rights, or other rights proposed in the scheme to be compulsorily restricted, terminated or otherwise interfered with, and to divert, remove, or otherwise interfere with any roads or bridges proposed in the scheme to be diverted, removed, or otherwise interfered with, and, if the Commissioners so think fit, to do any of the things aforesaid at any time after the confirmation of the scheme and before any conveyance or ascertainment of compensation in respect thereof, and

( e ) to do all such other acts and things as in the opinion of the Commissioners shall be necessary or proper for or reasonably incidental to the due carrying out of the scheme and are not specifically provided for by this Act.

6.—(1) As soon as may be after the confirmation of the scheme by the Minister for Finance the Commissioners shall proceed to acquire the several lands and premises, easements, water-rights, and other rights proposed in the scheme to be compulsorily acquired, and the compensation to be paid for such lands, premises, and rights to tie several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands and premises over which such rights are to be acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) The amount of compensation payable-

( a ) to any person on account of the compulsory restriction termination, or other interference with any easement, water-right, or other right, or the diversion, removal, or other interference with any private road or bridge under or in pursuance of the scheme; or

( b ) to any authority or body charged with the maintenance of any public road or bridge on account of the diversion, removal, or other interference with such road or bridge under or in pursuance of the scheme,

shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 in like manner as if such compensation were the price of land compulsorily acquired.

(3) When compensation is being assessed in pursuance of this section in respect of any lands, premises, or right which are or is occupied, used, or enjoyed with or form or forms part of any mill or factory, regard shall be had to any benefit resulting or which may result from any improvement in the water power of such mill or factory or the constancy of the supply of water to it or relief from back-water which may reasonably be expected to arise from the execution of the works under the scheme.

(4) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 shall apply to the compensation payable by the Commissioners and to the conveyances of lands, premises, and rights to the Commissioners under this Act, and for the purposes of such application the Commissioners shall be deemed to be the promoters of the undertaking.

(5) No action shall lie at law or in equity against the Commissioners or any of their officers or servants in respect of any act, matter, or thing in respect of which compensation is payable by virtue of this section.

7.—The money necessary to defray the costs and expenses incurred by the Commissioners in carrying out the scheme and executing the works therein specified (including all compensation and other moneys payable and all incidental expenses) shall be provided as follows:—

( a ) the Commissioners shall pay out of moneys under their control and applicable to loans a sum of £8,860 (eight thousand eight hundred and sixty pounds), which portion of the costs and expenses aforesaid is in this Act occasionally referred to as the advance by the Commissioners, and

( b ) the balance of such costs and expenses over and above the advance by the Commissioners shall be paid by the Minister for Finance out of moneys provided by the Oireachtas.

8.—(1) When and so soon as all the works to be executed under the scheme have been completed the Commissioners shall prepare and publish a draft award showing either in the body thereof or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto the following matters-

( a ) in general terms, the lands drained or improved and the works executed pursuant to the scheme, and

( b ) the particular lands actually drained or improved, the rated occupiers of such lands, and the several quantities of such lands occupied by such rated occupiers respectively, and

( c ) the respective values at the date of the confirmation of the scheme of the said several quantities of the lands so drained or improved, and the amounts by which such values are respectively increased by the execution of the said works, and

( d ) the proportions in which the said lands so drained or improved are to be liable to contribute to the drainage rate.

(2) The said draft award shall also contain in draft form the several provisions necessary for doing or providing for every matter or thing which is by this Act required to be expressed in or to be done or provided for by the final award.

(3) In fixing for the purposes of the draft award or the final award the proportions in which the drainage rate is to be contributed by the several quantities of the lands so drained or improved the Commissioners shall have regard to the extent to which such lands are respectively benefited or improved by the carrying out of the scheme.

9.—(1) When the draft award has been prepared by the Commissioners under this Act, the Commissioners shall publish by advertisement in the Iris Oifigiúil and one or more newspapers circulating in the district to which the final award when made will relate a notice stating that the draft award has been prepared and the townlands to which it relates and naming a convenient place where the draft award (with all maps and other documents annexed thereto) or a copy thereof can be inspected, and further stating that a public inquiry will be held in relation to the draft award at the time (not being less than three weeks after the first publication of such notice) and place specified in the notice.

(2) At the time and place specified in that behalf in the notices published pursuant to the foregoing sub-section a public inquiry in relation to the draft award shall be held by a person appointed for the purpose by the Commissioners and all persons who in the opinion of the person holding the inquiry would be interested in or affected by the final award if made in the form of the draft award shall be entitled to appear and be heard (in person or by solicitor or counsel) and adduce evidence at such inquiry.

(3) The person holding such inquiry as aforesaid shall at the conclusion thereof report thereon to the Commissioners, and the Commissioners having considered such report may make such alterations (whether by way of variation, addition, or omission) in the draft award as they think proper.

(4) When the Commissioners have approved of the draft award with such alterations (if any) as aforesaid they shall make a final award in the terms of the draft award as so approved and such final award shall operate as is hereafter in this Act specified.

(5) The Commissioners shall cause a true copy of the final award to be made and shall by endorsement thereon certify the same to be correct and shall then enroll the final award in the Record and Writ Office of the High Court and shall retain the said certified copy of the final award in their own custody.

(6) The final award when duly enrolled pursuant to this section shall be conclusive and binding on all parties, and a copy thereof issued and certified by the proper officer of the High Court shall be conclusive evidence that the final award was duly made and shall also be conclusive evidence of the contents of the final award.

10.—(1) The final award shall operate and be expressed to charge on the county fund the advance by the Commissioners and the interest thereon and the annual sum of five hundred and fifty pounds payable under this Act in discharge of the said advance and interest.

(2) The county council shall pay to the Commissioners in full satisfaction and discharge of the advance by the Commissioners and the interest thereon, the annual sum of five hundred and fifty pounds commencing on and from the 1st day of April next after the date of the final award and continuing for forty years from that date and to be paid by equal half-yearly instalments on every 30th day of September and 31st day of March in those forty years, the first of such half-yearly payments to be made on the 30th day of September next after the commencement of the said annual sum.

(3) The said annual sum of five hundred and fifty pounds shall be paid out of the moneys raised by the county council by means of the drainage rate and, if and so far as such moneys are not sufficient, out of the county fund, and if and so far as the said annual sum of five hundred and fifty pounds is not so paid the same may be recovered by the Commissioners from the county council by action at law.

(4) All moneys received by the Commissioners from the county council on foot of the said annual sum of five hundred and fifty pounds shall be paid into or disposed for the benefit of the Exchequer by the Commissioners in such manner as the Minister for Finance shall direct.

11.—The final award shall operate and be expressed to constitute the area specified in that behalf therein to be a separate drainage district.

12.—(1) The final award shall operate and be expressed to charge, impose and confer on the county council the duty and power of maintaining the drainage works the subject of the final award in good repair and condition and proper and efficient working order, and of doing all matters and things reasonably necessary for or incidental to such maintenance.

(2) During each of the forty local financial years next succeeding the date of the final award the county council shall raise by means of the drainage rate the sum of one thousand and fifty pounds whereof the sum of five hundred and fifty pounds shall be applied in payment of the said annual sum of five hundred and fifty pounds payable to the Commissioners by the county council under this Act and the sum of five hundred pounds shall, subject to the provisions of this section, be applied by the county council in discharge of the costs and expenses incurred by them in that year in the performance of their duty under this section of maintaining the said drainage works.

(3) If in any of the said forty local financial years the said costs and expenses shall be less than the sum of five hundred pounds applicable thereto pursuant to this section in that year, the surplus of such sum above the amount of the said costs and expenses shall be retained by the county council and shall be applied by them towards meeting the costs and expenses incurred by them in the performance of their said duty in such subsequent local financial year as they shall think fit.

(4) If in any of the said forty local financial years the said costs and expenses shall exceed the sum of five hundred pounds the county council may pay the excess of such costs and expenses over the said sum out of the county fund but shall not in any one local financial year pay more than one hundred pounds out of the county fund under this section.

(5) All costs and expenses incurred by the county council in the performance of their said duty after the expiration of the said forty local financial years shall be raised by means of the drainage rate.

13.—(1) When preparing the draft award the Commissioners shall inquire and determine whether any and if so what lands, premises, easements, water-rights, and other rights acquired by them pursuant to the scheme are unnecessary and not required for the drainage works or the proper maintenance and working thereof.

(2) The final award shall operate and be expressed to vest in the county council the drainage works executed by the Commissioners pursuant to the scheme together with all lands, premises, easements, water-rights, and other rights acquired by the Commissioners pursuant to the scheme other than any such lands, premises, easements, water-rights, and other rights determined by the Commissioners under this section to be unnecessary and not required as aforesaid.

(3) All such lands, premises, easements, water-rights, and other rights so determined by the Commissioners to be unnecessary and not required as aforesaid shall be sold or otherwise disposed of by the Commissioners for the benefit of the Exchequer in such manner as the Minister for Finance shall appoint.

14.—(1) All moneys which are by this Act required to be raised by the county council by means of the drainage rate shall be raised by means of a rate (to be known as the drainage rate) assessed on the rated occupiers of the lands stated in the final award to have been drained or improved in the proportions in which such lands are stated in such final award to be liable to contribute to the drainage rate.

(2) The drainage rate shall be made at the same time and subject to the same appeal as the poor-rate and, if the county council so thinks fit, may be collected with the poor-rate, and shall in any case be leviable, payable, and recoverable in the like manner and by the like means in all respects as poor-rate is leviable, payable and recoverable.

(3) Where the rated occupier of any lands, buildings, or premises rated in respect of a drainage rate is also the rated occupier of other lands, buildings, or premises forming part of or comprised in the same holding, farm, or tenement as the first-mentioned lands, buildings, or premises, any sum assessed on such rated occupier in respect of drainage rate under this section may be assessed on and collected and recovered from him in like manner as if such sum were payable in respect of his occupation of the whole of such holding, farm, or tenement.

15.—All moneys which the county council is by this Act authorised or directed to pay out of the county fund and all expenses incurred by the said council in the execution of this Act and the raising of which is not otherwise provided for by this Act shall be raised by means of the poor-rate as a county-at-large charge.

16.—The Drainage Maintenance Acts, 1866 and 1924, shall apply to the drainage district constituted under this Act with the modifications that any charging order made under those Acts shall make no charge other than the additional charge directed by section 8 of the Drainage Maintenance Act, 1924 , to be made thereby, and that the sums and interest thereby charged on the county fund shall be paid by the county council out of moneys raised by the council by means of a drainage rate under this Act (which rate the county council is hereby authorised to make), and, if and so far as such moneys are not sufficient, out of the county fund.

17.—Without prejudice to the duties and powers of the Commissioners under the Drainage Maintenance Acts, 1866 and 1924, the drainage district constituted under this Act and the drainage works therein shall be inspected by the Commissioners at least once in every five years, and immediately after every such inspection the Commissioners shall send to the county council a report as to the stage of repair and general condition of the said drainage works.

18.—If and in so far as the scheme provides for the diversion, removal, or other interference with a public road or bridge the following provisions shall have effect, that is to say:—

( a ) where the execution of the works specified in the scheme involves the closing of the road or bridge to traffic the Commissioners shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses such road or bridge;

( b ) the Commissioners shall at or before the completion of the works specified in the scheme either restore the road or bridge to its former condition or construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;

( c ) when the Commissioners construct a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, by affording an improved means of communication or otherwise, the Commissioners shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of county or urban roads (as the case may be) and shall be paid by such council to the Commissioners;

( d ) if any doubt, dispute, or question shall arise as to whether the Commissioners, in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this section, have complied with the provisions of this section or as to whether a permanent new bridge constructed by the Commissioners confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health whose decision shall be final and conclusive.

19.—(1) Every person holding a public inquiry under this Act shall have power by notice in writing signed by him to summon witnesses and to require the production of books and other documents, and any person so summoned who fails to attend the inquiry and give evidence thereat and any person who fails or refuses to produce any book or other document the production of which is so required shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) All evidence at any public inquiry under this Act shall be given on oath, which oath the person holding the inquiry is hereby empowered to administer, and any person who gives false evidence at any such inquiry shall be guilty of perjury and be punishable accordingly.

(3) Every person holding a public inquiry under this Act shall be entitled to adjourn the inquiry as he thinks fit and shall also have power to inspect and examine and for that purpose to enter upon any lands and premises affected by the drainage scheme or award in relation to which the inquiry is held or any objection to such scheme or award.

20.—Every notice and other document to be served by the Commissioners under this Act may be served by sending the same by prepaid post in an envelope addressed to the person to be served therewith at his usual or last known address, or, where no such address is known and the notice or document relates to any lands, right, or property, at such lands or the place of situation of such right or property, and every notice or other document so served shall be deemed to be served at the time at which the envelope containing the same would be delivered at the address named thereon in the ordinary course of post.

21.—(1) Every person who-

( a ) shall wilfully obstruct the Commissioners or any of their officers or servants in the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners by or under this Act, or

( b ) shall pull down, remove or injure any works in course of construction by the Commissioners under this Act, or

( c ) shall remove, injure, or deface any pegs, poles, or marks placed or made by the Commissioners or any of their officers or servants for the purpose or in the course of the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners by or under this Act, or

( d ) shall throw or put any weeds, stones, soil, or other solid matter or shall cause or permit any such solid matter to fall or pass into any watercourse in respect of which any works are about to be or are in course of being constructed by the Commissioners under this Act so as to cause any obstruction, hindrance, or delay to such works, or

( e ) shall place or erect any dam, weir, or other obstruction in any such watercourse as aforesaid without the consent of the Commissioners,

shall be guilty of an offence under this section and be punishable accordingly.

(2) Every person who after the drainage works to be constructed under this Act are completed-

( a ) shall wilfully obstruct the county council or any officer or servant of the county council in the exercise of any of their powers or the performance of any of their duties in relation to the drainage works, or

( b ) shall pull down, remove, or in anywise injure the drainage works or any part thereof, or

( c ) shall obstruct the flow of water to, through or from the drainage works in such manner as to prevent or hinder the efficient operation thereof or to cause flooding of such works or any lands drained thereby

shall be guilty of an offence under this section and shall be punishable accordingly.

(3) Every person convicted by a court of summary jurisdiction of an offence under this section shall be liable to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and shall also in the case of a continuing offence be liable to a fine (in addition to any such fine as aforesaid) not exceeding five pounds for every day during which the offence continues.

(4) For the purposes of this section the drainage works shall be deemed to be in course of construction until the final award in respect thereof has been made under this Act and shall from and after the making of such award be deemed to be completed.

22.—(1) The county council may make bye-laws for all or any of the purposes following, that is to say:—

( a ) regulating the opening, closing, and working of sluices, hatches, flood-gates, and other machinery comprised in the drainage works;

( b ) regulating generally the management and operation of the drainage works;

( c ) prohibiting persons from obstructing, polluting, or putting solid matter into any watercourse flowing to, through, or from the drainage works so as to prevent or hinder the efficient operation of the works or to cause flooding of any lands drained by the works;

( d ) prohibiting any injury or damage to the drainage works by any person or any interference therewith by unauthorised persons;

( e ) compelling persons liable to maintain any watercourse or drain to keep the same cleaned and scoured;

( f ) prescribing the penalties which may be inflicted on persons found by a court of summary jurisdiction to be guilty of contravening the bye-laws but so that no such penalty shall exceed a fine of twenty-five pounds together with, in the case of a continuing offence, a further fine of five pounds for every day during which the offence continues or, in any case and at the discretion of the court, imprisonment for a term of three months.

(2) No bye-law made under this section shall be of any force or effect unless and until confirmed by the Minister for Local Government and Public Health, and every such bye-law when so confirmed shall come into operation on the date prescribed in that behalf by the said Minister when confirming the same or, if no such date is so prescribed, immediately upon such confirmation.

(3) Any person found guilty by a court of summary jurisdiction of contravening any bye-law made under this section may be sentenced by such court to suffer any penalty not exceeding the penalty prescribed by such bye-laws in respect of such contravention or, where no penalty is so prescribed, not exceeding a fine of twenty-five pounds together with, in the case of a continuing offence, a further fine of five pounds for every day during which the offence continues or, in any case and at the discretion of the court, imprisonment for any term not exceeding three months.

23.—This Act may be cited as the River Owenmore Drainage Act, 1926 .