Port of Dublin Act, 1854
PORT OF DUBLIN ACT 1854 | ||
CAP. XXII. | ||
An Act to enable the Collector General of Dublin to levy Money to repay a certain Outlay by the Corporation for preserving and improving the Port of Dublin in and about repairing the Quay Wall of the River Liffey, and for future Repairs thereof, and for repairing and rebuilding Bridges over the said River. [16th June 1854.] | ||
1 & 2 Vict. c. 36. | ||
12 & 13 V ct. c. 91 | ||
‘Whereas under several Acts of Parliament the Building, Repair, and Preservation of the Quay Walls of the River Anna Liffey was intrusted to the Corporation for preserving and improving the Port of Dublin, and in consideration thereof a certain Assessment or Frontage Rate was imposed upon Grounds, Houses, and Buildings adjoining and fronting any of the Quays of said River: And whereas by an Act passed in the First and Second Years of the Reign of Her present Majesty, intituled An Act to make further Provisions and to amend the Acts relating to the Harbour of Kingstown and the Port and Harbour of Dublin, it is recited, that the Quay Walls Westward of the Bridge called Carlisle Bridge, and extending to the Bridge called Barrack Bridge, had been built, and were then in good Order and Repair, and would not require for the maintaining or repairing of the same a Sum equal to the full Amount of the Duty or Rate theretofore leviable upon the Inhabitants of that Part of said Quays; and it was thereby enacted, that from and after the First Day of July One thousand eight hundred and thirty-eight the said Rate or Duty theretofore payable to or leviable by the said Corporation within the Limits aforesaid, and all Arrears thereof, should cease and determine, and should not be any longer leviable by the said Corporation: And whereas it was by the last-mentioned Act further enacted, that whenever the said Corporation should on the First sitting Day of any Easter or Michaelmas Term causeto be laid before the Court of Queen’s Bench, signed with the proper Names and Handwriting of any Three Members of the said Corporation, and sealed with their Corporate Seal, an Estimate of the probable Expense of executing or making any Repairs which at any Time or Times should be wanting on or by the said Quay Walls within the Limits aforesaid, verified by the Affidavit of Two skilful Persons, or by the Affidavit of the Ballast Master for the Time being of the said Corporation, the said Court of Queen’s Bench should in each and every such Case charge the Grand Jury of the County of the City of Dublin and the Grand Jury of the County of Dublin to meet in One Room at a certain Time to be named by the said Court, and that it should then be lawful to and for the said Grand Juries, when so assembled, or any Twenty-four Members thereof, and they were thereby required, to present the whole Amount of the Estimate so laid before them to be raised and levied by One Instalment or by equal half-yearly Instalments at every Easter and Michaelmas Term on and out of all Houses and other Buildings erected or to be erected within the District of the Metropolis, and to be paid by all and every the Owners or Occupiers thereof, and for the raising of such Sum on the said Inhabitants, as the Case might be, to present a certain Rate of Assessment, which should be agreed on by the said Grand Juries or any Twenty-four Members thereof, of a certain Sum in the Pound to be levied on the Value of all such Houses or other Buildings according to the Valuation by which they were then or thereafter might be valued or rated for or towards the Maintenance of the Police Establishment of the said District, and that it should be lawful for the said Grand Juries or any Twenty-four Members thereof to make such Presentment as aforesaid, whether they should have been approved of by the Presentment Sessions for such Counties respectively or not: And whereas in and by an Act of Parliament passed in the Twelfth and Thirteenth Years of Her present Majesty’s Reign, intituled An Act to provide for the Collection of Rates in the City of Dublin, it is enacted, that from and after the Tenth Day of December One thousand eight hundred and fifty the several Powers, Duties, and Authorities of applotting, levying, and collecting the Rates, Cesses, Taxes, and Rents specified in Schedule (A.) to the said last-mentioned Act annexed should cease to be exercised by the Bodies Politic or Corporate, Boards, Commissioners, or Persons empowered by any Act or Acts to applot, levy, and collect the same, but should be vested in and exercised by the Collector General of Rates in the said last-named Act of Parliament mentioned, and should be performed in the Manner in the said last-mentioned Act directed: And whereas in and by an Act passed in the Twelfth and Thirteenth Years of Her present Majesty’s Reign, intituled, “The Dublin Improvement Act, 1849,” it is enacted, that on and after the Day on which the said Acts should come into operation, all the Powers and Duties of the Grand Jury of the County of the City of Dublin and the Sessions Grand Jury of the City of Dublin, in relation to the presenting and levying of Rates or Cesses as aforesaid, should cease and determine within the said Borough, and that from the Time aforesaid all the Powers theretofore exercised by or vested in relation to the presenting and levying of Rates and Cesses for local Purposes within the Borough of Dublin in the said Grand Jury or said Sessions Grand Jury should be transferred and be solely exercised by the Council of the said Borough; and it is thereby enacted, that the Council of the said Borough should fix a Time once in every Year to receive Applications for all Things then authorized to be done by the Grand Jury of the County of the City of Dublin or the said Sessions Grand Jury in relation to fiscal Matters, Rates, or Cesses within the Borough of Dublin, and that such Applications should be made in like Form as the same were then authorized to be made in Cases of Application for Presentments, and that immediately after the Day so fixed for receiving such Applications the Council should proceed to investigate such Applications, and decide upon them at an open Meeting of the said Council or of a Committee thereof authorized in that Behalf, and that a Schedule of such Applications as might be agreed to with respect to Grand Jury Cess should be made out by the Town Clerk, who should lodge the same Two clear Days before the First Day of Hilary Term in the Year One thousand eight hundred and fifty-one, and Two clear Days before the First Day of Michaelmas Term in said Year One thousand eight hundred and fifty-one, and Two clear Days before the First Day of Michaelmas Term in every succeeding Year, with the Clerk of the Crown of the Queen’s Bench, and that a Schedule of such Applications as might be agreed to with respect to Sessions Grand Jury Cess should be made by the said Town Clerk, who should lodge the same in every Year subsequent to the Year One thousand eight hundred and fifty-one Two clear Days before the First Day of October Quarter Sessions in every succeeding Year with the Clerk of the Peace for the City of Dublin, and that thereupon it should be lawful for the Court of Queen’s Bench or any Judge of the said Court and the Recorder of the City of Dublin respectively to fix Days for the Consideration of the said Presentments, and that on such Days at least Twenty Members of the said Council should attend the said Court or Judge or Recorder respectively, and that the said Court, Judge, or Recorder respectively, after hearing all Parties affected by or interested in such Presentments, should make such Orders therein, and should allow or disallow the same or any of them or any Portion thereof, as to the said Court, Judge, or Recorder respectively should seem fit, and should fiat the same or any Portions thereof, according as same should be allowed either by the full Court or by any of the Judges thereof or the Recorder respectively: And whereas since the passing of the said last-mentioned Act a certain Portion of the Quay Wall of the said River within the Limits herein-before mentioned required to be repaired, and the said Corporation for preserving and improving the Port of Dublin have repaired the Breach in said Walls, and expended a Sum of One thousand three hundred and ten Pounds Sixteen Shillings and Elevenpence in and about making said Repairs, and which said Sum of One thousand three hundred and ten Pounds Sixteen Shillings and Elevenpence hath not been assessed, applotted, or levied, nor hath it been repaid to the said Corporation for preserving and improving the Port of Dublin, nor can the same, by reason of the Alterations made in the Mode of raising and levying Rates formerly raised and levied by the Grand Juries of the County of the City of Dublin, be now raised or levied under or by virtue of the Provisions of the said herein-before recited Act of the First and Second Years of Her present Majesty: And whereas it is necessary to make Provision for the Purpose of reimbursing the said Corporation for preserving and improving the Port of Dublin in the said Sum of One thousand three hundred and ten Pounds Sixteen Shillings and Elevenpence so expended in and about the said Repairs heretofore made, and for the future maintaining and repairing of the said Quay Walls, and for repairing or rebuilding the several Bridges between Carlisle Bridge and Barrack Bridge, and including the said Two Bridges, under and by virtue of the Powers and Provisions of the said Acts herein-before named, that is to say, the “Act to provide for the Collection of Rates in the City of Dublin” and the Dublin Improvement Act, and of this Act, in the Manner herein-after mentioned, and that all and every Sum and Sums of Money which it may be hereafter necessary to raise or levy for the Purpose of the Maintenance, Preservation, or Reparation of the said Portion of the said Quay Wall herein-before specified and the repairing or rebuilding all the said Bridges, shall be estimated, assessed, applotted, collected, raised, and paid over to the said Corporation for preserving and improving the Port of Dublin, under the Powers and Provisions of the said Two last-mentioned Acts and of this Act, in the Manner herein-after mentioned: 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: |