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CITY OF CORK ACT 1735
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CHAP. XXV.
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An Act for rebuilding the cathedral church of St. Finbarry in the city of Cork, and for erecting a work-house in the city of Cork for employing and maintaining the poor, punishing of vagabonds, and providing for and educating foundling children.
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A perpetual corporation erected in Cork.
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WHEREAS the cathedral church of St. Finbarry in the city of Cork was by length of time grown so ruinous and decayed, that it was not safe for the inhabitants of the said parish to attend divine service therein; whereby it became absolutely necessary to pull down the same in order to have it rebuilt: and whereas the economy of the dean and chapter belonging to the said cathedral by reason of the smallness of its fund, and the inhabitants of the said parish by reason of their poverty are unable to support the whole charge of rebuilding the said cathedral church: and whereas the necessity, number, and continual increase of the poor and idle vagrants within the city of Cork, and the county and liberties of the said city, (many of whom are able to work and earn their bread) is very great, and become exceeding burthensome for want of work-houses to set them at work, and a sufficient authority to compel them thereto, and to regulate them therein: and whereas the mayor, sheriffs, and commonalty of the city of Cork for the encouragement of so necessary and charitable a work are willing to appropriate a convenient piece of ground for a work-house in the said city: 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 from and immediately after the first day of May one thousand seven hundred and thirty six there be and shall be a corporation to continue for ever within the county of the city of Cork; which corporation shall consist of the several persons herein after mentioned: (that is to say) the lord bishop of Cork for the time being, the mayor, recorder, aldermen, sheriffs, common council-men, and common speaker of the said city, together with twenty six persons of the commonalty of the said city (exclusive of the common council-men and common speaker) to be elected annually by the mayor, sheriffs, and commonalty of the said city, or the major part of them, in their open court of Doyer hundred assembled on every last Monday in the month of April.
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Residents only, and paying 20s. minister’s money, elected of the 26.
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II. Provided always, That no person whatsoever shall be capable of being elected one of the said twenty six of the commonalty of the said city, who shall not be an actual resident in the said city or the county thereof at the time of election, and who shall not at such time pay, or be liable to pay, at least twenty shillings per annum ministers money.
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Named governors of the work-house,
may purchase, not exceeding 20000l. per annum.
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III. And be it further enacted by the authority aforesaid, That from and after the said first day of May one thousand seven hundred and thirty six the said lord bishop of Cork, the mayor, recorder, aldermen, sheriffs, common council-men, and common speaker of the said city for the time being, together with the twenty six persons, who shall be annually elected as aforesaid, shall for ever in name and fact be one body politick and corporate in law to all intents and purposes, and shall have perpetual succession, and be called the governours of the work-house of the city of Cork, and shall be enabled to plead, and sue, and be sued and impleaded, by that name, and shall and may have a common seal for their use, and by that name without licence in mortmain purchase, take, and receive any lands, tenements, hereditaments, goods, or chattles whatsoever, not exceeding the annual value of two thousand pounds, for the use and benefit of the said corporation.
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15 with consent, &c. may set out ground for for work-house.
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IV. And be it enacted by the authority aforesaid, That the said governours, or any fifteen or more of them, shall on or before the first day of May one thousand seven hundred and forty one by and with the consent of the mayor, sheriffs, and commonalty of the said city of Cork set out and inclose by itself such parcel of ground then in the actual possession of the mayor, sheriffs, and commonalty of the said city, as they the said governours, or any fifteen or more of them, shall judge most convenient, to erect a work-house on in the said city; which said parcel of ground, from and immediately on its being so set out and inclosed, shall be vested in the said governours and their successors for ever for the use of the work-house thereon to be built, and the support and maintenance of the poor therein to be employed, as herein after is mentioned.
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Additional duty of 1s. per run on coals and culm for 31 years!
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V. And in order to enable the said governors to defray the expence of this act, and effectually to contribute to the rebuilding the said cathedral church of St. Finbarry, and to erect and build the said work-house, and proper offices thereto, and to raise a fund for the support of she same, and the maintenance of the poor therein to be employed, and for the uses herein after mentioned, be it enacted by the authority aforesaid, That for all forts of coals and culm, which from and after the said first day of May one thousand seven hundred and thirty-six shall be imported, landed, or discharged, within the said city of Cork, or county of the said city, there shall be paid during the term of thirty one years by way of imposition thereon, over and besides all other impositions and duties payable thereon, the additional rate or duty of one shilling per tun; which said imposition or duty shall be answered and paid to the governours of the work-house of the city of Cork aforesaid, or to their deputy or deputies, officer or officers thereunto constituted and appointed, by every master, owner or owners, or other person or persons taking charge of any ship or vessel whereupon such coals or culm shall be laden, before they shall break bulk, or deliver out any coals or culm; the said imposition or duty of one shilling per tun to be paid at such place or places as the said governours in their general court of assembly, fifteen at least being present, shall for that purpose appoint; whereupon the party appointed to receive the same shall without delay, fee, or reward, deliver a receipt to the person or persons, who shall pay the said duty or imposition, which receipt for so much shall be a sufficient discharge.
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If bulk broke before payment, 4 c. per tun.
The tackle, & c. attached till payment,
and sale after 5 days.
Applied for 5 years to rebuilding Finbarry church.
afterwards to the work-house.
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VI. And be it further enacted by the authority aforesaid, That in case any master, owner or owners, or other person or persons taking charge of any ship or vessel, whereupon such coals or culm shall be laden, shall break bulk, or deliver, out any coals or culm, before such duty or imposition of one shilling per tun be paid as aforesaid, every such master, owner or owners, or other person or persons taking charge of such ship or vessel, whereupon such coals or culm shall be laden, shall in such case pay the further duty or imposition of four shillings per tun over and besides the said duty of one shilling to the said governours, or to their deputy or deputies, officer or officers as aforesaid; and, in case of refusal of payment of all or any the impositions or duties hereby charged as aforesaid, the tackle, furniture, and apparel, of such ship or vessel may and shall be attached and detained by warrant from the said governours, or any five or more of them, until payment thereof; and in case of non-payment thereof within five days after such seizure, that then it shall and may be lawful to and for the said governors, or their deputy or deputies, officer or officers, so appointed as aforesaid, to sell and dispose of so much of the said tackle, furniture, or apparel, as will answer the said duties and impositions, and the reasonable charge of seizing, detaining, and taking the same, rendering the overplus to the owner if any be: the said several duties or impositions to be applied for the space of five years from the said first day of May one thousand seven hundred and thirty six to pay the expence of this act, and towards rebuilding the said cathedral church of Finbarry, in such manner as the said lord bishop of Cork with the consent of the dean and chapter, or the major part of them for the time being shall direct and appoint; the necessary charges in the management, collecting, and receiving the said duties or impositions being always first deducted; and from and immediately after the expiration of the said five years to the use of the said work-houses and the uses herein mentioned.
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Ships not to sail till acquittance.
Penalty on officers 5 l. by civil bill next assises.
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VII. And be it enacted by the authority aforesaid, That no customer, collector, or other officer or officers belonging to his Majesty’s customs in the port of the said city of Cork, shall permit or suffer any such ship or vessel as aforesaid to go out of the said port of Cork, until the master or person taking charge of such ship do produce a receipt or acquittance, signifying the receipt of the said duties or impositions, under the hand or hands of the person or persons hereby appointed, or in pursuance hereof to be appointed, to receive the same; and that every customer, collector, or other officer concerned in the customs of the said port of Cork, making default in any of the premisses, shall forseit for every such offence the sum of five pounds to the said governours; to be recovered by civil bill at the assizes to be held for the said county of the said city of Cork next immediately after such default, and to be applied to the use of the said work-house.
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15 governors in assembly may after 4 years borrow money thereon;
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VIII. And forasmuch as the money to be raised by the said duties or impositions will not of a long time amount to such stock or sum, as may be sufficicnt for erecting the said work-house and offices proper and necessary thereto; be it further enacted by the authority aforesaid, That the said governours in their general court of assembly, fifteen at least being present, shall and may be impowered, after four years from the commencement of this act shall be expired, by indenture or indentures under the common seal of the said corporation to convey and assure the said duties or impositions, hereby to be granted, as a security for any sum of sums of money to any person or persons, who shall or will advance the same, which they the said governours in their said general court of assembly, fifteen at least being present, shall think necessary to be borrowed for erecting such work-house and offices proper thereto as aforesaid.
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On 10 days notice on the Tholsel.
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IX. Provided always, That notice in writing of every meeting of the said governours for the borrowing of money shall be publickly affixed upon the Tholsel of the said city of Cork, at least ten days before any such meeting shall be held.
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Work-house and offices to be built on said ground.
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X. And be it further enacted by the authority aforesaid, That as soon as money sufficient for those purposes shall be raised either by the ordinary produce, or mortgage or mortgages, of the said duties or impositions, the said governours in their said court aforesaid shall without delay give immediate order, and take effectual care, that the said work-house and offices thereto necessary shall be well and sufficiently erected and built on the said parcel of ground so by them to be set out for that purpose with the consent of the said mayor, sheriffs, and commonalty of the said city of Cork as aforesaid; which said work-house and offices shall be built of such sizes, dimensions, and extents, and in such manner, as the said governours in their said court as aforesaid shall direct and appoint.
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Officers and salaries appointed during pleasure, on security.
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XI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the governours, or any fifteen or more of them, giving ten days notice publickly to be affixed on the Tholsel of the said city, to assemble themselves at any convenient time in the said city after the said first day of May one thousand seven hundred and thirty six, and then and there constitute and appoint a proper person to be their treasurer, or steward, and overseer, of the said work-house during pleasure, who shall give good and sufficient security, such as they shall approve of, to the said governours for the faithful discharge of the trust reposed in him; and also from and after the time the said work-house shall be built, so as to be fit to receive the persons intended to be received therein by this act, to constitute and appoint a register to the said work-house, and all other necessary under officers, with such reasonable salries to every of them as they shall judge proper; all the said officers to continue during pleasure, and no longer.
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4 general assemblies in a year.
Make by laws, &c.
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XII. And be it further enacted by the authority aforesaid, That the said governors shall meet and assemble together in order to hold a general court of assembly four times in every year on the following days (viz:) on every Monday immediately following the days hereafter-mensioned: (that is to say) every twenty fourth day June, twenty ninth day of September, twenty fifth day of December, and twenty fifth day of March, or oftner, if the said governors, or any fifteen or more of them, shall see occasion; and that they shall have power and authority to continue the said general courts of assembly by adjournment from time to time, as they shall judge expedient; in which said general courts of assembly, fifteen at least of the said governors being present, they shall have power to appoint and remove officers, to fix, advance, or diminish, the salaries of their officers, and to prescribe and ascertain the several duties of such officers, and also to make, ordain, and establish, such rules, ordinances, orders, by-laws, and regulations; of the said governors in their said general court of assembly, fifteen at least being present, shall judge necessary and expedient for the good of the said work-house, regulating the officers, supporting, maintaining, and ordering of the poor, and other persons to be employed therein, providing for and educating the foundling children, and punishing of vagobonds, so as the same be consonant to reason, and not contrary to the laws and statutes of this realm.
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Officers accountable on oath.
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XIII. And be it further enacted by the authority aforesaid, That all and every person and persons, who shall be intrusted with the receipt of the revenue of the corporation hereby granted, or any part thereof, and all other persons whatsoever, who shall account with the said corporation of fifteen of the governors at least being present, for any sum or sums of money by him or them collected or received for the use of the said corporation, shall account on oath before the said governors, if required, which oath the said governors in their general court of assembly are hereby impowered to administer.
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15 chosen assistants after 24 June yearly.
any 5 to execute by laws, &c.
and inspect Bridewell.
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XIV. And be it further enacted by the authority aforesaid, That the said governors of the said work-house do and shall at their general courts of assembly, which shall be held the Monday immediately after the twenty fourth day of June in every year, constitute and appoint out of and from amongst themselves the number of fifteen to be called assistants; which persons so chosen as assistants, or any five of them, shall have full power and authority, and they are hereby impowered and authorized, for the term and space of one year after their being so chosen to meet and assemble themselves together at such place and places, and as often; as they shall think proper, and shall and may put in force and execution all and every the rules, ordinances, by-laws, and regulations, which shall from time to time be made by the said governors, at their said general quarterly courts of assembly as aforesaid; and that the said assistants shall during the said term of one year have full and absolute power and authority to inspect into and regulate the management of the goal or house of correction; commonly called Bridewell in the said city of Cork.
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Beadles, &c. may seise beggars and vagabonds.
committed till next assembly, examined, and confined not above 4 years.
Penalty on beadles, &c. 20 s.
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XV. And be it further enacted by the authority aforesaid, That from and after the first day of May One thousand seven hundred and forty two each and every beadle or bellhour of each and every parish within the said city or suburbs of Cork and the liberties thereof, and each and every constable within their respective districts or jurisdictions, and each and every parshioner or inhabitant in any of the parishes aforesaid, calling to his or her assistance the beadle of the parish or a constable, shall have full power and authority to seize and apprehend, and bring before any one member of the said court of assistants aforesaid any sturdy beggar or beggars, or other idle vagabond or vagabonds that such beadle or bellhour, constable, parishioner, or inhabitant, shall know, find, or be informed of, to be begging or stroling in, or frequenting any of the streets of houses within the said city, or the suburbs or liberties thereof; and the said member of the said court of assistants is hereby impowered by warrant under his hand and seal to commit the persons, who shall from time to time be so apprehended and brought before him, to the said work-house, there to be confined and kept to hard labour, if he thinks fit, until the next general coure of assemby, where such sturdy beggar or beggars, idle vagabond or vagabonds, shall be brought and examined by the said governors; and if the said governors shall see sufficient cause, they shall and may consine such sturdy beggar or beggars, idle vagabond or vagabonds, in the said work-house for any term not longer than four years, there to be kept to hard labour, or otherwise employed, as they shall see cause; and if any beadle, bellhour, or constable shall, when called, neglect or refuse to seize, and apprehend, and bring before any one of the members of the said court of assisiants, any sturdy beggar or beggars, or other idle vagabond or vagabonds, that shall be found begging or stroling in any of the streets or houses within the said city of Cork, or the liberties thereof, that then such beadle, bellhour, or constable, so neglecting or refusing, when called upon as aforesaid, shall for every such offence forfeit and pay to the governours of the said work-house for the use of the said house the full sum of twenty shillings, to be recovered in case of non-payment by distress and sale of the goods and chattles of such offender or offenders by warrant under the hands and seals of the said assistants present at any such court of assembly; or any five or more of them; which warrant they, or any five or more of them, on any complaint or proof made of such neglect or refusal are hereby required and impowered to grant.
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If disordetly, removed to Bridewell, &c.
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XVI. And whereas by the number of idle vagabonds and stroling beggars, that may from time to time be committed to the said work-house, it may happen that great disorders may be committed therein: be it further enacted by the authority aforesaid, That the court of assistants, or any five or more of them, by warrant under their hands and seals shall have full power and lawful authority to commit persons guilty of such disorders in the work-house to the goal or house of correction, commonly called Bridewell; in the said city of Cork, and to remove them again to the work-house, as they shall judge neccssary.
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To receive exposed children, nurse and instruct.
males employed in trades till 21,
then discharged, and on a certificate thereof freemen.
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XVII. And whereas the exposed or foundling children, left yearly on the several parishes in the said city of Cork, and the suburbs and liberties thereof, are very numerous, and do frequently perish for want of due care and provision for them: be it further enacted by the authority aforesaid, That as soon as the said work-house shall be so built as aforesaid, the governours of the said work-house shall receive from the church-wardens of the respective parishes of the said city and liberties thereof all the exposed or foundling children, that shall then be in the said city and liberties, and from thence forward the said governours shall also receive from the church-wardens of the said parishes every child, that shall be thereafter exposed and found in the streets of the said city and liberties, which shall be left to be maintained by any parish or parishes in the said city and liberties; and the said governour shall take due care to have all such exposed and foundling children nursed; clad; and taught to read and write, and throughly instrusted in the principles of the protestant religion; and as the male children shall be severally fit and capable, such male children shall be taught and instructed in such trades or callings, as the said governours in their general court of assembly shall direct and appoint, and shall be severally employed in such trade and callings within the said house, until they shall respectively attain the age of twenty one years; at which age they shall be severally discharged from their service, and receive a certificate under the common seal of the said corporation, notifying his or their having been brought up and educated in the said house, and his and their having been instructed in such trade or profession, as he and they have been taught; and on his and their producing the said certificate, and taking such oaths as the law shall direct, he and they shall be a freeman and freemen in the said city of Cork of the corporation, in which trade or calling he or they had been instructed, and have such and the same privileges, as any other freeman or freemen of such corporation in the said city, have or can enjoy.
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May be placed out apprentices or servants 7 years.
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XVIII. And in case the number of such male foundling children shall become so great, that the fund hereby appropriated for the maintenance of the said work-house may fall short of answering the continuing of them in the said house, until they shall severally attain the age of twenty one years, and the other purposes hereby intended; be it enacted by the authority aforesaid, That in that case the said governours in their general court of assembly, or the said court of assistants, or any five or more of them, shall and may place out apprentices such and so many of the male children taken into the said house to such art, trade, or calling, or to the sea-service, or to gentlemen, or house-keepers, who shall think fit to take the same for servants, for any term or time not exceeding seven years, as the said governours in their general court of assembly, fifteen at least being present, shall judge necessary and expedient.
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Females instructed in suitable employments.
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XlX. And be it enacted by the authority aforesaid, That such female children, as shall be received into the house, shall be there maintained and instructed in such proper trades and employments, and be disposed of at such ages, and in such manner, as the said governours in their general court of assembly, fifteen at least being present, shall judge necessary.
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Governors in Dublin and Cork may exchange children.
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XX. And whereas many of the foundling children exposed in the streets of the city of Dublin and Cork are of popish parents, and it has been found by experience, that many of such foundling children by the access of their parents and popish relations, who notwithstanding all possible care to prevent it find means to converse with them, are prevented from embracing the protestant religion: for remedy thereof be it enacted by the authority aforesaid, That it shall and may be lawful for the governours of the work-houses of the city of Dublin and Cork to exchange the children, which they shall have in their respective work-houses, or to send foundling children from one of the said work-houses to the other, as often, and in such manner, as the said governours shall agree upon and find convenient.
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General issue may be pleaded, &c
double costs on nonsuit, &c.
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XXI. And be it further enacted by the authority aforesaid, That if any person or persons shall at any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this act, he or they shall or may plead the general issue, and give this act and the special matter in evidence for his defence; and if upon a trial verdict shall pass for the defendant or defendants, or judgment shall be given against the plaintiff or plaintiffs upon demurrer, or the plaintiff or plaintiffs be nonsuit, discontinue, or forbear prosecuting their said actions, then such defendant or defendants shall have double costs to him of them awarded against such plaintiff or plaintiffs; for which costs he shall have such remedy as in other cases, where costs are by law given to defendants.
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Their proceedings not stopped by certiorari.
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XXII. Provided also, and be it enacted by the authority aforesaid, That no writ or writs of certiorari shall supersede execution or other proceedings upon any order or orders made by the said governours or assisants in pursuance of this act: but that execution and other proceedings shall and may be had and made thereupon; any such writ or writs, or allowance thereof, notwithstanding.
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