| |
HOWTH HARBOUR ACT 1810
|
| |
CAP. LXXII.
|
| |
An Act for improving and completing the Harbour on the North Side of the Hill of Howth near Dublin, and rendering it a fit Situation for His Majesty’s Packets. [9th June 1810.]
|
| |
Commissioners for executing this Act.
|
| |
WHEREAS the rendering the Harbour on the North Side of the Hill of Howth near Dublin a fit Situation-for His Majesty’s Packets, is desirable for the regular and more speedy Conveyance of the Mails between Dublin and Holyhead, and facilitating the Intercourse of Passengers between Great Britain and Ireland: And whereas, by virtue of an Act made in the Forty-fifth Year of His present Majesty’s. Reign, for granting a certain Sum of Money towards improving the said Harbour, certain Persons were appointed and authorized by the Lord Lieutenant of Ireland for the Time being to apply the Sum granted towards improving the said Harbour, and rendering it a fit Situation for His Majesty’s Packets; and it was by the said recited Act further enacted, that such Persons so appointed should have all such Powers and Authorities as are by Law given to or vested in the Corporation for preserving and improving the Port of Dublin, and which should be requisite and necessary for the carrying of the said recited Act into Execution; and that all Piers, Wharfs, Quays, and other Erections and Buildings which might be made under the Directions of the said Persons, and all Ground applied to such Purposes by them, should be vested in the said Corporation for preserving and repairing the Port of Dublin: And whereas it is expedient to provide for the due Application of whatever Sums may be granted or appropriated by Parliament for the Improvement or towards the completing of the said Harbour; and further, to provide for the making and executing the Roads, Quays, and Works necessary for the Completion and Improvement of the said Harbour; may it therefore please Your Majesty that it may be enacted; and be it enacted by the King’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, That the several Persons heretofore appointed by the Lord Lieutenant of Ireland for the Time being for the Purpose of carrying into Execution the herein-before recited Act of the Forty-fifth Year of His present Majesty’s Reign, and such other Person or Persons as shall or may from Time to Time be appointed or authorized by the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, shall be and they are hereby appointed Commissioners for the Purposes of this Act: Provided always, that it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being to revoke the Appointment of any such Person or Persons to be such Commissioner or Commissioners, and from Time to Time to nominate and appoint such other Person or Persons to be a Commissioner or Commissioners as such Lord Lieutenant or other Chief Governor or Governors for the Time being shall think fit.
|
|
|
Commissioners to take and subscribe an Oath.
|
II. Provided always, and be it further enacted, That the said Commissioners, and each of them, shall take and subscribe the Oath following before he or they shall take upon him or themselves the Execution of any of the Powers or Authorities hereby given, other than administering the said Oath.
|
|
| |
‘I A. B. do swear, That I will, without Favour or Affection, Hatred or Malice, truly and impartially, according to the best of my Skill and Judgement, execute and perform all and every the Powers, Authorities, and Duties of a Commissioner reposed in me under and by virtue of an Act made in the Fiftieth Year of the Reign of His Majesty King George the Third, intituled, [here set forth the Title of this Act.]
|
|
| |
Which Oath any One of the said Commissioners, or any Person named in any Appointment of Commissioners, is hereby authorized and required to administer at the First or any other Meeting to be held by virtue of this Act.
|
|
|
Commissioners may appoint Officers and make Contracts.
|
III. And be it further enacted, That it shall and may be lawful for the Commissioners for the Purposes of this Act for the Time being, or any Three of them, and they are hereby authorized and required from Time to Time to nominate and appoint by Writing under their Hands a Secretary, and One or more Clerk or Clerks, and also from Time to Time to employ such Engineers, Surveyors, and other Officers, and such Labourers and Workmen as the said Commissioners shall think proper and expedient for the better carrying into Execution the Purposes of this Act; and it shall and may be lawful for the said Commissioners, and they are hereby authorized and empowered to contract and agree with any fit and proper Person or Persons, Artificers, Workmen and others, for the making, doing, and preparing of all or any of the Roads and Works, by this Act authorized or directed to be done and performed or any Part thereof, or for supplying any of the Materials for the same, which Contract shall be signed by the Person or Persons contracting or agreeing to perform such Works respectively, and also by Three or more of the said Commissioners, or by the Secretary to the said Commissioners authorized under the Hands of Three of the said Commissioners for that Purpose; and all Contracts which shall have been made or entered into at any Time before the passing of this Act, by or on Behalf or under the Authority of the Commissioners nominated and appointed in pursuance of the said recited Act of the Forty-fifth Year, shall be and the same are hereby declared good, valid and effectual to all Intents and Purposes, and shall be carried into Effect in like Manner as Contracts to be made under the Authority of this present Act.
|
|
|
Commissioners may bring and defend Actions in the Name of their Secretary.
|
IV. And be it further enacted, That the said Commissioners may sue and be sued in the Name of their Secretary for the Time being, and that all Actions, Suits, Prosecutions, Informations, Appeals, and other Proceedings whatsoever that may be necessary of expedient to be brought for the Recovery of any Penalty or Sum of Money due or payable by virtue of this Act, to be had, taken, prosecuted, or defended, by or against the said Commissioners, shall be had, taken, prosecuted, or defended in the Name of their Secretary, and that no Action, Suit, Prosecution, Information, Appeal, or other Proceeding to be had, taken, prosecuted, or defended by or against the said Commissioners in the Name of their Secretary, shall abate or be discontinued by the Death, Suspension, or Removal of such Secretary, or by any Act or Default of such Secretary done or suffered, without the Consent or Direction of the said Commissioners, but that the Secretary to the said Commissioners for the Time being shall be always deemed the Plaintiff, Prosecutor, Informant, Appellant, Defendant, or Respondent in any such Action, Suit, Prosecution, Information, Appeal, or other Proceedings (as the Cafe may be) except in such Action or Actions, Suit or Suits, as shall be prosecuted between the said Commissioners and their Secretary for the Time being, in which Action or Suit any One of the said Commissioners shall or may be Plaintiff or Defendant (as the Case may be): Provided always, that every such Secretary in whole Name any such Action, Suit, Prosecution, Information, Appeal, or other Proceeding shall be had, taken, prosecuted, or defended in pursuance of this or the said recited Act, shall be fully reimbursed and paid out of the Monies applicable to the Purposes of this Act, all such Costs, Charges, Damages, and Expences as by the Events or in consequence of any such Action, Suit, Prosecution, Information, Appeal, or other Proceedings, he or they shall pay, bear, sustain, expend, or be put unto or become chargeable with or liable for, or be fairly entitled to by reason of his or their being so made Plaintiff or Plaintiffs, Defendant, or Defendants, Informant or Informants, Appellant or Appellants, Respondent or Respondents, as aforesaid, unless such Action or Suit shall arise in consequence of his own wilful Neglect or Default, or have been brought or commenced, or be defended, without the Order or Direction of the said Commissioners.
|
|
|
Commissioners empowered to execute this Act.
|
V. And be it further enacted. That the said Commissioners shall and they are hereby authorized and empowered to proceed in the improving and completing of the said Harbour, and in the making and completing a Road and Quay along the Beach and Shore of the said Harbour westward of the Pier or Mole already in Part erected, and to make such other Roads and Ways as they may think necessary for the Conveyance of Materials to the said Works, and to make and maintain Reservoirs for supplying with Water Shipping resorting, to the said Harbour; and that for the Purposes of this Act, all Piers, Buildings, and Works whatsoever heretofore made, erected or built in the whole or in Part at any Time before the passing of this Act, and all Ground applied to such Purposes under, the Authority of the said recited Act of the Forty-fifth Year aforesaid, or by or under the Authority or Directions of the Commissioners appointed by the Lord Lieutenant of Ireland since the passing of the said recited Act, and all Roads, Piers, Quays, Erections, and Buildings whatsoever which shall or may be made, erected, or built at any Time after the passing of this Act, and all Ground applied to such Purposes under the Authority of this Act or of the Commissioners hereby appointed, and also all such Land and Ground, Rock or Soil, Stones and Sand within the said Harbour as is or are overflowed by the Tide of the Sea, shall be and the same are hereby vested in the said Commissioners for the Purposes of this Act until the said Harbour shall be fully completed by and under the Direction of the said Commissioners; and from and after the Time when the said Commissioners shall deem the Improvement of the said Harbour completed, testified by their Representation to that Effect to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, all the said Harbour so improved, and all Roads, Piers, Quays, Works, and other Erections and Buildings so heretofore made or which hereafter shall be made, erected, or built under the Authority of this Act, or of the Commissioners appointed under this Act, and the Ground and Soil on which the same are or shall be erected and built, shall be and the same are hereby vested, and shall be and remain vested in the Corporation for preserving and repairing the Port of Dublin; and from thenceforth all the Powers by this or any other Act given to or vested in the Commissioners for the Execution of this Act, shall be vested in and executed by the said Corporation; and the said Corporation shall apply the Sums in and for the Maintenance and Improvement of the said Harbour, and of the Roads, Quays, Works, Erections, and Buildings so becoming vested in them under the Authority of this Act.
|
|
|
Lands may be entered to make a Survey and set out Land for the Works, making Satisfaction for Damages.
|
VI. And be it further enacted, That it shall and may be lawful to and for the Agents, Workmen, and Servants of the said Commissioners from Time to Time to enter upon all Lands or Grounds of any Persons, Bodies Politic, Corporate or Collegiate, in, upon or through which any of the Roads, Piers, Quays, Works, Erections, and Buildings authorized to be made under this Act are intended to be made, in order to survey and take Levels of the same, and to set out and ascertain such Parts thereof as the said Commissioners shall think necessary or proper for the Purposes of this Act, such Agents or Servants making Satisfaction for such Damage as they shall do thereby to the Occupiers of such Lands or Grounds for the Time being, in case the same shall exceed the Sum of One Shilling Sterling.
|
|
|
Powers to Commissioners to enter Lands and take Materials for the Harbour and Works.
To make Roads for conveying Materials.
|
VII. And, for the improving and completing the said Harbour, and making, using, and maintaining all such Roads, Ways, Piers, Docks, Quays, Reservoirs, Works, Erections, and Buildings, as the said Commissioners shall deem necessary for that Purpose, and for the Execution of this Act, according to the Tenor and Intent of the same; be it further enacted, That it shall and may be lawful for the said Commissioners and their Agents, Servants, and Workmen, and they are hereby authorized and empowered in, upon and through any Lands or Premises being the Property of or belonging to the King’s Majesty, His Heirs or Successors, or of any other Person or Persons, Bodies Politic, Corporate or Collegiate, and situate within Three Miles of the said Harbour, or at Dathey or Bullock, on the South Side of the Bay of Dublin (not being within Three hundred Yards of any Capital Mansion-house, nor within any plantation, Avenue, of Pleasure Ground, nor Garden attached to any capital Mansion-house, planted, made, or formed before the passing of this Act, nor in any Deer Park inclosed with a Wall prior to the passing of this Act, and actually occupied at the Time with Deer, to enter and to quarry, dig, remove, take, and carry away all such Stone, Limestone, Gravel, Sand, or any other Materials (standing Timber only excepted), in, out of, upon and from such Lands and Ground? as may be necessary or convenient to be employed for the Purposes of this Act, and also to place, lay, work, or manufacture all such Stone, Limestone, Gravel, Sand, or other Materials which, shall be so dug or got as aforesaid, on the Grounds near to the Place or Places where the same shall be so dug or got, or Where the same shall be used or employed for the Purposes of this Act; and also to make, maintain, and use such good and sufficient Roads and Ways as the said Commissioners shall think necessary or convenient for conveying all such Stone, Limestone, Gravel, Sand, and other Materials so cut, dug, quarried, or obtained, taken away and removed for the Purposes of this Act, from the Place and Places where the same shall be respectively so cut and dug, and quarried or obtained, to the Places where the same shall be employed for the Purposes of this Act, they the said Commissioners making Satisfaction in Manner by this Act directed to the Owners and Proprietors of all such Lands and Premises for all Damages by them done or to be done in the Execution of this Act.
|
|
|
To make Roads Quays, and Works.
|
VIII. And be it further enacted, That it shall and may be lawful to and for the said Commissioners and their Agents, Servants and Workmen, and they are hereby authorized and empowered, in and upon any Land or Premises by this Act vested in the said Commissioners, or which the said Commissioners may enter on or purchase by virtue of this Act, to make, erect, complete and maintain all and every or any such Ways, Roads, Fences, Piers, Docks, Quays, Reservoirs, Works, Erections and Buildings whatever, as and where the said Commissioners shall think requisite and convenient for the Purposes of this Act, and also to make, erect, complete and maintain such Waterworks, Reservoirs, and other Engines and Works as the said Commissioners shall deem necessary and expedient, for supplying the Shipping which may resort to the said Harbour with Water from any Stream of Water now running or flowing into the Sea at the Harbour of Howth; and also to make and do all other Matters and Things whatever which they the said Commissioners shall from Time to Time think fit, necessary and convenient for making, effecting, extending, improving, preserving, completing, and using the said Harbour, and all Roads, Ways, Piers, Docks, Quays, Works, Erections and Buildings relating thereto, in pursuance and within the true Meaning of this Act, they the said Commissioners making Satisfaction in Manner by this Act directed for all Damages and Injuries done to any Lands and Premises which shall be damaged or prejudiced by the taking of any Materials, or by the making of any temporary Roads for the Conveyance of such Materials for the Purposes of this Act, and also making Satisfaction in Manner by this Act directed for the Purchase of any Lands and Premises required to be employed, taken or used in making, completing or maintaining any permanent Roads, or in the making, erecting, completing or maintaining of any Piers, Docks, Quays, Reservoirs, Waterworks, Engines, Works, Erections and Buildings whatsoever for the Purposes of this Act; and this Act shall be sufficient to indemnify the said Commissioners and their Servants, Agents, and Workmen, and all other Persons whomsoever, for whatever they or any of them shall do by virtue of the Powers hereby granted.
|
|
|
Commissioners empowered to treat and agree with the Inheritors of Ground required for the Purposes of the Act.
|
IX. And be it further enacted, That it shall and may be lawful to and for the said Commissioners for the Time being, to treat and agree with all and every or any Person or Persons, Body or Bodies Politick or Corporate, who is, are, or may be the Inheritor or Inheritors, Occupier or Occupiers of any Land or Premises required for the Purposes of this Act, for the Purchase of such Land or Premises, or relative to and concerning any Compensation or Satisfaction which any such Person or Persons may claim or demand for any Damage or Damages which he, she or they may suffer or sustain by reason of the Execution of this Act; and it shall and may be lawful for all Bodies Politick, Corporate or Collegiate, Corporations Aggregate or Sole, Husbands, Guardians, Tenants in Tail, Trustees and Feoffees in Trust, Committees, Executors, Administrators, and all other Trustees whomsoever, not only for or on behalf of themselves, their Heirs and Successors, but also for and on behalf of their several and respective Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Idiots, Married Women, or other Person or Persons, and to and for all Married Women who are or shall be seised, possessed of or interested in any Lands used or required for the Purposes of this Act, whether entitled in Fee Simple, Fee Tail, or otherwise, to contract and agree for, and to sell and convey unto the said Commissioners, or to such Persons as they shall nominate and appoint for the Purposes of this Act, all or any Part of any Lands or Premises which shall from Time to Time be used or required for the Purposes of this Act; and also to claim and demand, and to contract and agree with the said Commissioners for any Compensation or Satisfaction for any Damage or Damages which such Body Politick or Corporate, or Person or Persons, or his or their Lands or Premises respectively may suffer by reason of the Execution of this Act; and in case such Treaty or Treaties shall end in an Agreement or Agreements, it shall and may be lawful to and for the said Commissioners to take and accept of a Conveyance or Conveyances of such Land or Premises as they that purchase from such Person or Persons. Body or Bodies Politick, or Corporate, or any of them, and to take and accept of a Release or Releases, Discharge or Discharges, for such Satisfaction or Compensation as aforesaid, which Conveyance or Conveyances, Release or Releases, Discharge or Discharges, shall be binding and conclusive to and upon the Person or Persons, Body or Bodies Politick or Corporate, executing the same, and all Persons claiming under them; and all Bodies Politic, Corporate or Collegiate, and all Persons whosoever so contracting or agreeing, are hereby indemnified for what they or any of them shall respectively do by virtue of or in pursuance of this Act; and the Expence of all such Contracts, Agreements, Sales, Conveyances and Assurances, shall be defrayed out of the Money granted for the Purposes of this Act; and such of them as shall be made for the conveying of any Lands or Premises to the said Commissioners, shall be made according to the following Form; that is to say),
|
|
| |
‘I A. B. of in Consideration of the Sum of to me paid by the Commissioners appointed to carry into Execution an Act passed in the Fiftieth Year of the Reign of His present Majesty, intituled, [here insert the Title of this Act], do hereby grant, convey and dispose to the laid Commissioners all [describing the Land or Premises to be conveyed], and all the Estate, Right, Tide and Interest of me the said A. B. my Heirs and Assigns, and of all Persons claiming or to claim by, from, or under the said A. B. to and in the same and every Part thereof, to hold the same to the said Commissioners and their Successors for ever, by virtue of and according to the true Intent and Meaning, and for the Purposes of the said Act of Parliament. In Witness whereof I have hereunto set my Hand, this Day of in the Year of our Lord
|
|
|
In Default of Agreement, a Jury shall be summoned to value the same.
|
X. And be it further enacted, That in case the said Commissioners, by reason of Non-age, Coverture, Intail, Infanity, or other legal Impediment in the Owner or Owners, Occupier or Occupiers of any Land or Premises used or required for the Purposes of this Act, or from any other Cause or Reason, cannot or shall not agree with the Owners or Occupiers of such Land or Premises as aforesaid, relative to the Purchase of any such Land or Premises, or relative to any Satisfaction or Compensation for Damages to such Land or Premises, then and in such Case it shall and may be lawful to and for the said Commissioners or any Three of them, (not being interested in the Question to be determined by being entitled to any Sum or Sums of Money claimed or to be paid for such Land or Premises, or Damages respectively or any Part thereof), to issue a Warrant or Warrants, Precept or Precepts, under their Hands and Seals, to the Sheriff of the County of Dublin in case the same shall be within his Bailiwick, or to the Sheriff of the County in whose Bailiwick the same shall be, thereby commanding and requiring such Sheriff or Sheriffs to impannel and return a competent Number of substantial and disinterested Persons qualified to serve on Juries, not less than Thirty-six nor more than Sixty, and such Sheriff or Sheriffs is and are hereby empowered to impannel and return such Jury accordingly, under the Penalty of Fifty Pounds, to be recovered by Action of Debt by any Person who shall sue for the same in any Court of Record; and out of such Persons so to be impannelled and returned, a Jury of Twelve Persons shall be drawn by some Person to be named by the said Commissioners, or any Three of them as aforesaid, in such Manner as Juries for the Trial of Issues joined in His Majesty’s Four Courts in Dublin, by an Act made in Ireland in the Twenty-ninth Year of the Reign of his late Majesty King George the Second, intituled, An Act for the better Regulating of Juries, are directed to be drawn; which Persons so to be impannelled, summoned, and returned as aforesaid, are hereby required to come and appear before the said Commissioners, or any Three of them as aforesaid, at such Time and Place as in such Warrant or Warrants, Precept or Precepts, shall be directed and appointed, and to attend the said Commissioners until discharged by the said Commissioners, and all Parties concerned shall and may have their lawful Challenges against any of the said Jurymen, but shall not be at liberty to challenge the Array; and the said Commissioners or any Three of them (not being interested as aforesaid), are hereby authorized and empowered, by Precept or Precepts, from Time to Time as Occasion shall require, to call before them and the said Jury all and every Person and Persons whomsoever who shall be thought proper or necessary to be examined as Witnesses before them; and the said Jury, on their Oath or Oaths touching and concerning the Premises, and the said Commissioners or any Three of them, if they shall think fit, shall and may likewise authorize the said Jury to view the Place or Places in Quest on in such Manner as they shall direct, and shall have Power to adjourn such Meeting from Day to Day as Occasion shall require, and to command such Jury, Witnesses and Parties to attend until such Purposes for which they were summoned shall be concluded; and the said Jury upon their Oaths (which Oaths, as also the Oaths to such Person or Persons as shall be called upon to give Evidence, the said Commissioners or any One of them, not being interested as aforesaid, are and is hereby empowered and required to administer), shall enquire of the value of such Ground and Premises as shall be required to be purchased for the Purposes of this Act, and of the respective Estate, Right, Title, Term and Interest of every Person and Persons, Body or Bodies Politick and Corporate, seised or possessed thereof or interested therein, or of or in any Part thereof, and also what Compensation and Satisfaction, if any, shall be awarded and paid to any Person or Persons, Body or Bodies Politick or Corporate, for any Damage or Damages which they or any of them may consequently or otherwise suffer or sustain, or have suffered or sustained by any Act, Matter or Thing done in the Execution of this Act, and shall assess and award the Sum or Sums to be paid to every such Person or Persons for the Purchase of such his, her, or their respective Estates, Rights, Titles, Terms and Interests as aforesaid, or for any such Damage or Damages as aforesaid; and the said Commissioners or any Three of them (not being interested as aforesaid), shall and may give Judgement for such Sum or Sums of Money so to be assessed and awarded, which said Verdict or Verdicts, and the said Judgement or Determination thereupon (Notice in Writing being given to the Person or Persons, Body or Bodies Politic and Corporate interested, at least Fourteen Days before the Time of the First Meeting of the said Jury, declaring the Time and Place of the Meeting, by leaving such Notice, at the Dwelling house of such Person or Persons, or at his, her, or their usual Place or Places of Abode, if then resident within Ireland, and if not, then with the known Agent or Receiver of the Rents of such Person as shall be then absent from Ireland, or if a Body Politick or Corporate, then with the oftensible or waiting Officer of such Body Politick or Corporate), shall be binding and conclusive to all Intents and Purposes whatsoever against all and every Person or Persons, Bodies and Body Politick and Corporate, claiming any Estate, Right, Title, Trust, Use or Interest in, to, or out of any such Land and Premises, either in Possession, Reversion, Remainder or Expectancy, as well infants and issue unborn Lunatics, Idiots and Femes Covert, and Persons under any legal Incapacity or Disability, as all other Cestuique Trusts, his, her and their Heirs, Successors, Executors and Administrators, and against all other Persons whomsoever; and the said Verdicts, Judgements, and Decrees, and all other Proceedings, of the said Commissioners and Juries to be made, given and pronounced, as aforesaid, shall be fairly written on Parchment, and signed and sealed by the said Commissioners who shall pronounce such Judgement.
|
|
|
Jury shall value Ground accounting to its actual estate.
|
XI. And be it further enacted, That where the value of any Land or Premises, or the Recompence for any Damage done or to be done in any Land or Premises, shall be submitted to a Jury, such Land or Premises and the Damage done thereto shall be valued by such Jury, with respect to the State, Situation, and value of such Land and Premises, in like Manner as if the said recited Act of the Forty-fifth Year or this Act had not been, made; and not according to the additional value which such Land or Premises shall or may acquire by the improving and completing of the said Harbour, or by any future Improvement to be made in such Land or Premises in consequence of the Expenditure which shall be laid out for the Purposes of this Act.
|
|
|
Expences of Juries how to be paid.
|
XII. Provided always, and be it enacted, That in all Cases where a Verdict or Assessment shall be given or made for more Money, as a Recompence or Satisfaction for any Lands or Premises or for any Damage done or to be done to the same, than had been previously offered by or on behalf of the said Commissioners, all the Expences of summoning such Jury and of taking such Inquest shall be defrayed by the said Commissioners; but if any Verdict or Assessment shall be given or made for no more or for a less Sum than had been previously offered by or on behalf of the said Commissioners, then and in every such Case the Costs and Expences of summoning such Jury and taking such Inquest shall be borne and paid by the Party to whom such Offer was previously made by such Commissioners; Provided always, that where by reason of Absence any Person or Persons shall be prevented from treating with the said Commissioners, all the Costs and Expences of summoning the Jury and taking such Inquest shall be borne and paid by the said Commissioners.
|
|
|
Persons requesting a Jury, to enter into Bond to prosecute.
|
XIII. Provided also, and be it enacted, That all Persons making Complaints and requesting such Jury, for the ascertaining the Value of any Lands or Premises or the Amount of any Recompence or Satisfaction for any Damage done or to be done to the same, shall before the said Sheriff shall be obliged to summon such Jury, first enter into a Bond with Two Sureties to the Secretary or Clerk of the said Commissioners for the Time being, in the Penalty of Fifty Pounds Sterling, to prosecute such his, her, or their Complaint, and to bear and pay the Costs and Expences of summoning such Jury and taking such Inquest, in case a Verdict shall be given for no more or a less Sum than had been offered by or on behalf of the said Commissioners before summoning and returning the said Jury or Juries, as the Value or as a Recompence or Satisfaction for any Lands or Premises or for any Damages as aforesaid: Provided always, that if the Person so requesting such Jury shall refuse to enter into such Bond as aforesaid, it shall and may be lawful for the Commissioners under this Act to require such Jury to be summoned, and the same shall be summoned accordingly by the Sheriff; and the Expence of summoning such Jury, and of taking the Inquest by them, shall be defrayed in Manner and under the Regulations herein-before provided, mentioned, and contained.
|
|
|
Upon Payment of Sums so awarded, Conveyances shall be made of said Ground to Commissioners.
|
XIV. And be it further enacted, That upon Payment of such Sum or Sums of Money so to be awarded or adjudged to the Person or Persons to whom the same shall be awarded for the Purchase of any such Ground or Premises as aforesaid, or for the Purchase of any Estate, Right, Title, Term, or Interest therein, such Person or Persons shall make and execute or procure to be made and executed Conveyances to the said Commissioners of such Ground and Premises as aforesaid, or of such Estate, Right, Title, Term, or Interest for which such Sum or Sums of Money shall be so awarded in the Form herein-before set forth, and shall procure all necessary Parties to execute such Conveyances, Assignments, and Assurances, and shall do all Acts, Matters, and Things necessary and requisite to make a good, clear, and perfect Title to the said Commissioners; and such Person or Persons, Body or Bodies Politic and Corporate, to whom any Sum or Sums of Money shall be awarded by Way of Satisfaction and Compensation for any such Damages as aforesaid, shall give and perfect to the said Commissioners a full and sufficient Release, Acquittance, and Discharge from all Claims and Demands for or on Account of all Damages for which such Sum shall be awarded as aforesaid.
|
|
|
Such Verdicts shall be entered in the Rolls Office of the Court of Chancery, and Copies thereof deemed Evidence in all Courts; and Premises vested in Commissioners on payment to Owners or into Chancery.
Premises thenceforth vested in the Corporation.
|
XV. And be it further enacted, That all such Verdicts, Judgements, Sentences, Decrees, Orders, and other Proceedings of the said Commissioners and Juries as relate to or concern the Premises aforesaid, shall be entered in the Rolls Office of the said Court of Chancery, and the same or true Copies thereof shall be deemed and taken to be good and sufficient Evidence and Proof in any Court or Courts of Law or Equity whatsoever; and immediately on the Entry of such Verdicts, Judgements, Sentences, Decrees, Orders and other Proceedings of the said Commissioners and Juries as aforesaid, and on Payment of the Sum or Sums of Money agreed on or adjudged or awarded either for the Purchase of any Land or Premises, or as a Satisfaction or Compensation for any Damages, to the Proprietor or Proprietors of any Ground or Premises, or to the Person or Persons who shall be entitled to receive such Money or on Payment of such Money respecting which any Difficulties, Disputes, or Differences shall arise, into the Bank of Ireland in Manner and for the Purposes herein mentioned, all the Estate, Right, Title, Term, Interest, Use, Trust, Property, Claim, and Demand, in Law and Equity of the Person or Persons to whom or for whose Use such Money shall be paid as aforesaid, into and out of all Ground and Premises which shall be so purchased, shall vest in the said Commissioners for the Purposes of this Act and the said Commissioners shall be deemed in Law to be in the actual Possession thereof to all Intents and Purposes whatsoever; and all and every Person and Persons, Body and Bodies Politick and Corporate to whom any such Satisfaction or Compensation as aforesaid shall be awarded, shall from thenceforth be for over barred from claiming any further or other Satisfaction or Compensation whatsoever for any Damage which they or any of them shall sustain by the Means aforesaid.
|
|
|
Conveyances as aforesaid, of Estate, &c. to be effectual.
|
XVI. And be it further enacted, That the Conveyance to the said Commissioners of any such Estate and Interest of any Feme Covert in or to any such Ground or Premises as aforesaid by Bargain and Sale acknowledged by such Feme Covert in such Manner as Bargains and Sales are usually acknowledged, and enrolled in the Rolls Office of His Majesty’s High Court of Chancery in Ireland within Six Months after the making thereof, shall as effectually and absolutely convey the Estate and Interest of such Feme Coverts in the Premises as any Fine or Fines, Recovery or Recoveries should or could do if levied or suffered thereof in due Form of Law; and further, that all Bargains and Sales whatsoever to be made of any Ground or Premises which shall be purchased by the said Commissioners by virtue of and for the Purposes of this Act, shall have the like Force, Effect, and Operation in Law, to all Intents and Purposes, which any Fine or Fines, Recovery or Recoveries whatsoever would have is levied or fullered by the Bargain or Bargains, or any Person seised of any Estate in the Premises in Trust for or to the Use of such Bargain or Bargains in any legal Manner and Form whatsoever.
|
|
|
Application of Compensation Money when exceeding 200l.
|
XVII. And be it further enacted, That if any Money shall be agreed or awarded to be paid for any Lands, Tenements, or Hereditaments purchased, taken, or used by virtue of the Powers and for the Purposes of this Act, which shall belong to any Corporation, Feme Covert, Infant, Lunatic, or Person or Persons under any Disability or Incapacity, or seised or possessed of only a particular or determinable Estate or Interest therein, such Money shall in case the same shall amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of Ireland in the Name and with the Privity of the Accountant General of the High Court of Chancery in Ireland, to be placed to his Account ex parte the Commissioners for executing this Act; to the Intent that such Money may be applied under the Direction and with the Approbation of the said Court, to be signified by an Order made upon a Petitition to be preferred in a summary Way by the Person or Persons who would have been entitled to the Rents and Profits of the said Lands or Hereditaments, towards the Discharge of any Debt or Debts or such other Incumbrances or Part thereof as the said Court shall authorize to be paid affecting the same Lands or Hereditaments, or affecting other Lands or Hereditaments standing settled therewith to the same or the like Uses, Intents, or Purposes; or where such Money shall not be so applied, then the same shall be laid out and invested, under the like Direction and Approbation of the said Court, in the Purchase of other Lands or Hereditaments, which shall be conveyed and settled to, for and upon such and the like Uses, Trusts, Intents, and Purposes, and in the same Manner as the Lands or Hereditaments which shall be so purchased, taken or used as aforesaid, stood settled or limited, or such of them as at the Time of making such Conveyance and Settlement shall be existing, undetermined, and capable of taking Effect; and in the mean Time and until such Purchase shall be made, the said Money shall, by Order of the said Court of Chancery upon Application thereto, be vested by the said Accountant General in his Name in the Purchase of some of the Public Funds or Annuities transferrable at the Bank of Ireland and in the mean Time and until the said Public Funds or Annuities shall beordered by the said Court to be sold for the Purposes aforesaid, the Dividends and Annual Produce of the said Funds or Annuities shall from Time to Time be paid by Order of the said Court, to the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the said Lands or Hereditaments so hereby directed to be purchased in case such Purchase or Settlement were made.
|
|
|
Application when Compensation is less than 200l, and exceeds 20l.
|
XVIII. Provided always, and be it further enacted, That if any Money so agreed or awarded to be paid for any Lands or Hereditaments purchased, taken, or used for the Purposes aforesaid, and belonging to any Corporation or to any Person or Persons under Incapacity or Disability as aforesaid, shall be less than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then and in such Case the same shall (at the Option of the Person or Persons for the Time being entitled to the Rents and Profits of the Lands or Hereditaments taken or used, or of, his or her or their Guardian or Guardians, Committee or Committees in case of Infancy or Lunacy, to be signified in Writing under their respective Hands) be paid into the said Bank of Ireland in the Name and with the Privity of the said Accountant General of the said High Court of Chancery, and be placed to his Account as aforesaid, in order to be applied in the Manner herein-before directed, or otherwise the same shall be paid at the like Option to Two Trustees to be nominated by the Person or Persons making such Option and approved of by the Commissioners for executing this Act (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties) in order that such Principal Money and the Dividends arising therefrom may be applied in Manner herein-before directed, so far as the same may be applicable without obtaining or being required to obtain the Direction or Approbation of the said Court of Chancery.
|
|
|
Application where Money is less than 20l.
|
XIX. Provided also, and be it further enacted, That where such Money to agreed or awarded to be paid as last before mentioned shall be less than Twenty Pounds, then and in all such Cases the same shall be applied to the Use of the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the Lands or Hereditaments so purchased, taken, or used for the Purposes of this Act, in such Manner as the said Commissioners for executing this Act shall think fit, or in case of Infancy or Lunacy, then to his, her, or their Guardian or Guardians, Committee or Committees, to and for the Use and Benefit of such Person or Persons so entitled respectively.
|
|
|
In case of not making out Titles; or is Persons cannot be found, the Purchase Money to be paid into the Bank, subject to the Order of the Court of Chancery, on Motion or Petition.
|
XX. And be it further enacted, That in case the Persons or Persons to whom any Sum or Sums of Money shall be so ordered to be paid as aforesaid, shall not be able to make a good Title to the Premises, to the Satisfaction of the said Commissioners or any Three or more of them, or shall refuse to execute such Conveyance or Conveyances, or such Release, Acquittance or Discharge as is required by this Act, or in case such Person or Persons to whom such Sum or Sums of Money shall be so ordered to be paid as aforesaid cannot be found or in case it shall not satisfactorily appear to such Commissioners what Shares and Proportions of any Purchase Money or Recompence for Damages ought to be paid or allowed to any Tenant or other Person having a particular Estate, Term, or Interest in any Premises; or if the Person or Persons entitled to any Lands. Tenements or Hereditaments, be not known or discovered, then and in every such Case it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to order the said Sum or Sums of Money so awarded to be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the said Court of Chancery, to be placed to his Account to the Credit of the Parties interested in the said Lands, Tenements or Hereditaments [describing them], subject to the Order, Controul, and Disposition of the said Court of Chancery; which said Court on the Application of any Person or Persons making Claim to such Sum or Sums of Money, or any Part thereof, by Motion or Petition, shall be and is hereby empowered, in a summary Way of Proceeding or otherwise, as to the same Court shall seem meet, to order the same to be laid out and invested in the Public Funds, or to order Distribution thereof or Payment of the Interest thereof according to the respective Estate or Estates, Title or Interest of the Person or Persons making Claim thereunto, and to make such other Order in the Premises as to the said Court shall seem just and reasonable; and the Cashier or Cashiers of the Bank of Ireland, who shall receive such Sum or Sums of Money, is and are hereby required to give a Receipt or Receipts for such Sum or Sums of Money, mentioning and specifying for what and for whose use the same is or are received, to such Person or Persons as shall, pay any such Sum or Sums of Money into the Bank as aforesaid.
|
|
|
Where any Question shall arise touching the Title to Money to be paid, the Person who shall be in Possession of the Lands at the Time of such Purchase shall be deemed entitled thereto according to such Possession.
|
XXI. Provided always, and be it further enacted, That where any Question shall arise touching the Title of any Person to any Money to be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the Court of Chancery in pursuance of this Act, for the Purchase of any Messuages, Lands, Tenements, or Hereditaments, or of any Estate, Right, or Interest in any Messuages, Lands, Tenements, or Hereditaments, to be purchased in pursuance of this Act, or to any Public Funds or Annuities to be purchased with any such Money, or to the Dividends or Interest of any such Funds or Annuities, the Person or Persons who shall have been in Possession of such Messuages, Lands, Tenements, or Hereditaments at the Time of such Purchase, and all Persons claiming under such Person or Persons or under the Possession of such Person or Persons, shall be deemed and taken to have been lawfully entitled to such Messuages, Lands, Tenements or Hereditaments according to such Possession, until the contrary shall be shown to the Satisfaction of the said Court of Chancery; and the Dividends or Interest of the Funds or Annuities to be purchased with such Money, and also the Capital of such Funds or Annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said Court that such Possession was a wrongful Possession, and that some other Person or Persons was or were lawfully entitled to such Messuages, Lands, Tenements or Hereditaments, or to some Estate or Interest therein.
|
|
|
The Court of Chancery may order reasonable Expences of Purchases to be paid by the Trustees.
|
XXII. Provided also, and be it further enacted, That when by reason of any Disability or Incapacity of the Person or Persons or Corporation entitled to any Lands, Tenements or Hereditaments to be purchased under the Authority of this Act, the Purchase Money for the same shall be required to be paid into the Court of Chancery, and to be applied in the Purchase of other Lands, Tenements, or Hereditaments to be settled to the like Uses in pursuance of this Act, it shall and may be lawful to and for the said Court of Chancery to order the Expences of all Purchases from Time to Time to be made in pursuance of this Act, or so much of such Expences as the said Court shall deem reasonable to be paid by the said Commissioners out of the Monies to be received by virtue of this Act, who shall from Time to Time pay such Sums of Money for such Purposes as the said Court shall direct.
|
|
|
Commissioners may build Piers, &c. at Ireland’s Eye.
|
XXIII. And be it further enacted, That it shall and may be lawful for the said Commissioners from Time to Time to make, erect, and build, in and upon the Island called Ireland’s Eye, and in the Sea between the said Island and the Main Land, such Piers, Quays, Works, Erections, and Buildings as to the said Commissioners shall seem necessary or expedient for the more effectual Improvement and Completion of the said Harbour of Howth, or of the Security and Facility of the Access of Vessels thereto; and that all such Piers. Quays, Works, Erections, and Buildings at the said Island, or in the Sea between the same and the Main Land, shall be made, erected, and built under the Powers and Provisions of this Act; and the said Commissioners shall have all such Powers for making, erecting, and building the same, and for obtaining Materials for the same, as are by this Act given to or vested in the said Commissioners with respect to the said Harbour; and all such Piers, Quays, Works, Erections, and Buildings whatsoever, shall be and become vested in the said Commissioners, and afterwards in the Corporation for preserving and repairing the Port of Dublin, in like Manner as is in this Act provided with respect to the Piers, Quays, Works, Erections and Buildings whatsoever heretofore made or hereafter to be made, erected and built in or about the said intended Harbour of Howth; and all the Provisions of this Act shall extend to all such Piers, Quays, Works, Erections, and Buildings whatsoever in the said Island called Ireland’s Eye, in like Manner as the same are extended to the said Harbour and the other Works in this Act before mentioned.
|
|
|
Penalty for damaging the Works, or obstructing Execution of this Act.
|
XXIV. And be it further enacted, That if any Person shall wilfully obstruct, molest, or hinder any Surveyor, Engineer, Workman, or Labourer employed by the said Commissioners for the Purposes of this Act, in the Performance of his or their Duty or Employment in the Execution of this Act, every Person so offending shall forfeit and pay for every such Offence any Sum not exceeding Five Pounds, nor less than Forty Shillings; and if any Person shall wilfully and to the Prejudice of the said Harbour break, throw down, damage, or destroy any Pier, Dock, Quay, Reservoir, Erection, Machine, Building, or Work whatever, heretofore erected or made or hereafter to be erected or made by virtue of this Act, or any Part thereof, or shall obstruct, hinder, or divert the Course of any Stream of Water, which at any Time before the passing of this Act ran or flowed into the Sea at the said Harbour, or shall do any other wilful Hurt or Mischief to obstruct, hinder, or prevent the carrying on, completing, supporting, improving, and maintaining of the said Harbour, or of any Waterworks or other Works erected under this Act, every such Person shall be adjudged guilty of Felony; and every such Person so offending, and being thereof lawfully convicted, shall be subject to the like Pains and Penalties as in Cases of Felony, and the Court by or before whom such Person shall be tried and convicted, shall have Power and Authority to cause such Person to be punished in like Manner as Felons are directed to be punished by the Law of Ireland, or in Mitigation of such Punishment, such Court may award such lesser Punishment as to such Court shall seem proper.
|
|
|
Recovery of Flues.
|
XXV. And be it further enacted, That every Fine, Penalty and Forfeiture inflicted by this Act, (the levying and Recovery whereof is not particularly herein before directed), shall and may be recovered on Conviction of the Offender by the Oath of One credible Witness, or on his own Consession, before any One Justice of the Peace for the County or Place wherein the Offence shall be committed or the Offender shall be; and every such Fine, Penalty, and Forfeiture shall and may, in case of Non-payment thereof, be levied by Distress and Sale of the Goods and Effects of the Offender or Offenders, by Warrant under the Hand and Seal of any such Justice of the Peace, and every such Justice is hereby authorized and required to examine Witnesses upon Oath, and to hear and determine all Complaints touching any such Offence or Offences; and every Fine, Forfeiture and Penalty (the Application whereof is not herein-before particularly directed), shall be paid into the Hands of the Secretary to the said Commissioners, and shall be applied and disposed of to the Purposes of this Act; and the Overplus of the Money raised by such Distress and Sale, after deducting such Fine, Penalty, or Forfeiture, and the Expences of such Distress and Sale, shall be rendered to the Owner of the Goods and Effects so distrained; and for Want of sufficient Distress, or in case the Fine, Penalty or Forfeiture shall not be forth-with paid, it shall be lawful for such Justice by Warrant under his Hand, to commit such Offender to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Time not exceeding Three Calendar Months, unless such Fine, Penalty, or Forfeiture, and all reasonable Charges attending the Recovery thereof shall be sooner paid and satisfied.
|
|
|
Limitation of Actions.
Costs.
|
XXVI. And be it further enacted, That no Action or Suit shall be commenced against any Person or Persons for any Thing done by virtue or in pursuance of this Act, until Twenty-one Days Notice thereof in Writing shall have been given to the said Commissioners, nor after a sufficient Satisfaction or Tender thereof hath been made to the Party or Parties aggrieved, nor after Six Calendar Months next after the Fact committed; and every such Action shall be brought in some of His Majesty’s Courts of Record at Dublin, and shall be laid in the County of Dublin and not elsewhere; and the Defendant or Defendants in such Action or Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if the same shall appear so to be done, or if such Action or Suit shall be brought after the Time herein-before limited for bringing the same, or shall be brought without Twenty-one Days Notice thereof, or shall be brought in any other County or Place, or after a sufficient Satisfaction made or tendered as aforesaid, that then the jury shall find for the Defendant or Defendants; or if the Plaintiff or Plaintiffs shall become nonsuited, or suffer a Discontinuance of his, her or their Action or Actions, or if a Verdict should pass against the Plaintiff or Plaintiffs, the Defendant or Defendants shall have Double Costs, and shall have such Remedy for recovering the same as any Defendant or Defendants hath or have for Costs of Suit in any other Cases of Law.
|
