City of Cork Act 1765
CITY OF CORK ACT 1765 | ||
CHAP. XXIV. | ||
An Act for altering and amending several Statutes heretofore made for the better Regulation of the City of Cork, and for regulating Trials by furies in the Court of Record of the said City: and for establishing Market furies in the said City; and for making wide and convenient Ways, Streets, and Passages in the said City and Suburbs thereof; and for preventing Frauds committed by the Bakers and Meal Makers of the said City. | ||
Lights, | ||
3 G. 3. 17. as to erecting and continuing lamps in Cork repealed, | ||
mayor, sheriffs, and council of Cork to ascertain yearly the number and kind of lamps, place and manner of erecting, and lighting, trimming, &c. with the expence, | ||
and between 1 May and 1 August appoint 2 inhabitants of each parish applotters, | ||
any 5 to applot on inhabitants according to their substance, | ||
deficiency by death, insolvency, or change of abode, supplied next applotment, | ||
oath of applotters, | ||
applotment of others not invalidated by death, neglect, &c. of any, | ||
returned in 30 days to mayor, and signed by 5, | ||
10l. penalty en applotters refusing, or neglecting, not appearing 48 hours after summons in writing by mayor, or omitting 20 days after oath taken by majority of applotters, | ||
by distress on mayor’s warrant, | ||
if no applotment in a month after appointment, each forfeits 205. a day till made and returned, | ||
to agree not above 14 years with lamp contractors, first giving bond and 2 foreties, | ||
who shall collect applotments half yearly. | ||
on non-payment 7 days after demand, contractors with a constable may distrain, | ||
and appraise and sell, if no replevin or payment in 6 days, | ||
replevin tried before mayor, who may finally award return or sale if not redeemed. | ||
contractors on misbehaviour removed, | ||
others appointed, with like powers. | ||
WHEREAS an act passed in the third year of the reign of his present Majesty, intitled, An Act for continuing and amending certain temporary statutes heretofore made for the better regulation of the city of Cork, and for enlarging the salary of the treasurer, and for the better regulating the sale of the coals in the said city, and for erecting and continuing lamps in the same, and for the better preserving the streets and highways therein, and for confirming and establishing a court of conscience in the said city, and for regulating the assize of bread therein, and for securing the quays by parapet walls, has been found ineffectual with respect to the erecting and continuing the lamps in the said city of Cork, for remedy whereof 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 said act, so far as it relates to the erecting and continuing lamps in the said city, shall be and is hereby repealed, and made null and void; and that it shall and may be lawful for the mayor, sheriffs, and common council of the said city of Cork, and they are hereby required, yearly to ascertain and fix on the number and kind of lamps necessary for the said city and suburbs thereof, and the places where the same shall be erected, and the manner of erecting the same, and the time when and how long the said lamps shall be and continue lighted, and the manner of lighting, cleansing, trimming, snuffing, maintaining, and repairing the same, together with the amount of the sums of money to be expended in the erecting, lighting, cleansing, trimming, snuffing, maintaining, and repairing each of the said lamps; and that it shall and may be lawful for the said mayor, sheriffs, and common council of the said city of Cork, and they are hereby required, yearly and every year between the first day of May and the first day of August in each year to nominate and appoint in writing two inhabitants of each of the six parishes of the said city and suburbs, to wit, St. Mary Shandon, St. Peter, St. Paul, Christchurch, St. Nicholas, and St. Finbarry, to be applotters; and that the said applotters, or any five or more of them, shall and may, and they are hereby required to, applot the money to be levied, raised, and paid for the purposes aforesaid on the inhabitants of the said city of Cork and suburbs thereof according to the substance of the said inhabitants respectively; and that as often as any deficiency shall happen in the sums so to be applotted or in the payment thereof by or on account of the death, insolvency, or change of abode of any of the said several inhabitants, it shall and may be lawful for the next succeeding applotters, and they are hereby required, to applot the amount of such deficiency on the aforesaid inhabitants in such manner as aforesaid with the next applotment, which shall be made after such deficiency shall so happen; and that each of the said applotters shall previously to his acting as an applotter take and subscribe an oath or solemn affirmation (if of the people called quakers) before the mayor of the said city of Cork, that he will according to the best of his skill, abilities, and knowledge faithfully and impartially without favour or affection, malice or ill will, to any person or persons whatsoever applot the said sums so to be applotted as aforesaid; and that if any of the applotters to be appointed pursuant to this act of Parliament shall neglect, omit, or refuse to take the oath or affirmation hereby required to be taken by each of the said applotters, or shall happen to die, before the said applotters or any five or more of them shall have made the aforesaid applotments, that such neglect, refusal, omission, or death shall not invalidate the applotments, made or to be made by the other of the said applotters, or any five or more of them; but that in every such case notwithstanding such neglect, omission, refusal, or death, the applotments made or to be made by the others of the said appletters, or any five or more of them, shall be good and valid; and that the said applotments, in ten days after the same shall be so made, shall be returned to the mayor of the said city of Cork in writing signed by the applotters thereof, or any five or more of them; and that every person, who shall be appointed an applotter by the mayor, sheriffs, and common council of the said city of Cork pursuant to this act, and shall neglect, omit, or refuse to take upon him the said office, or undertaking the same shall neglect or omit the execution thereof, or of any part thereof, or shall neglect, omit, or refuse to return the applotments to be made by him or them as aforesaid in such manner, and within such time, as herein before is mentioned, or shall without reasonable cause neglect or omit for the space of eight and forty hours after being summoned thereunto in writing, signed by the mayor of the said city of Cork, to appear before the said mayor, and to take the oath or affirmation herein before mentioned, or shall neglect or omit for twenty days, after the majority of the applotters appointed pursuant to this act shall have taken the oath or affirmation, to make the aforesaid applotments pursuant to this act, in every such case each and every one of the said applotters so offending shall forfeit the sum of ten pounds, to be recovered by distress of the offender’s goods by virtue of a warrant under the hand and seal of the mayor of the said city of Cork, to be issued for that purpose to the constable of one of the said parishes or other proper officer or officers, and to be applied in such manner as is hereinafter directed; and that if it shall happen, that no such applotments, as herein before set forth, shall be made by the aforesaid applotters or any five or more of them within one kalendar month, after the said applotters shall have been appointed pursuant to this act, that then and in such case each and every of the said applotters shall from the end of the said month forfeit the sum of twenty shillings for every day, until the said applotments shall be made and returned to the mayor of the said city, to be levied by distress and sale of the offenders goods by virtue and under such warrant as aforesaid, and to be applied in such manner as herein after directed; and that it shall and may be lawful for the mayor, sheriffs, and common council of the said city of Cork from time to time to agree with and appoint any person or persons as lamp contractor or contractors for erecting, lighting, cleansing, trimming, snuffing, maintaining, and repairing the said lamps for any number of years, not exceeding fourteen; and the person or persons so appointed shall, before he or they shall enter upon the execution of the said office, give security by bond made payable to the mayor, sheriffs, and commonalty of the said city of Cork, with two sufficient securities for the due and faithful execution of his or their office or offices; and that it shall and may be lawful for the said mayor, sheriffs, and common council to nominate, constitute and appoint such lamp contractor and contractors to collect and receive the several sums to be made payable by the applotments herein before mentioned; and that the said lamp contractor or contractors shall collect and receive half yearly the several sums, to be made payable by the herein before mentioned applotments, of and from all persons liable to pay the same; and all persons, who shall be charged therewith or be thereunto liable, shall pay such sums, so applotted on them as aforesaid, to the said lamp contractor or contractors for the time being by two half yearly payments on every first day of January and on every first day of July, such lamp contractor or contractors giving from time to time receipts gratis, if thereunto required: and that if any person or persons shall neglect or refuse to pay the sum or sums of money applotted on him, her, or them as aforesaid, for seven days after personal demand thereof made for him, her, or them by the said lamp contractor or contractors, or any person by writing signed by the said lamp contractor or contractors thereunto authorized, or after demand in writing shall be left at the place of abode of such person or persons, that then and in every such case it shall and may be lawful for such lamp contractor or contractors in the presence of one or more constable or constables, of the said parishes to distrain the goods and chattels of such person or persons; and if the said goods and chattels shall not be replevied or the money paid within six days after such distress made, together with the costs of making such distress, to be ascertained by the mayor of the said city of Cork, then to appraize and sell the said goods and chattels, or such part thereof as shall be sufficient to pay the money applotted on such person or persons, together with all costs and charges attending the said distress, returning the overplus (if any) to the owner or owners of such goods or chattels; and in case any replevin shall be brought for the goods and chattels so distrained, the mayor of the said city of Cork for the time being shall and is hereby impowered and required to issue a summons in writing to all parties concerned to hear and determine the matter in dispute, whether the same shall depend upon a claim of property by a stranger or otherwise, in the most speedy and summary way by examining parties and witnesses on oath, which he is hereby impowered to do, and to award return of the goods so distrained, or a sale thereof for payment of the said sum or sums applotted on the said person or persons, unless such distress be forthwith redeemed; and the determination of the said mayor shall be final and conclusive to all parties; and that it shall and may be lawful for the mayor, sheriffs, and common council of the said city of Cork, as often as any person or persons, whom they shall agree with and appoint to erect, light, snuff, cleanse, trim, maintain, and repair the said lamps, shall be guilty of any neglect or misbehaviour in the execution of his or their said office or offices, to remove him or them so offending from his, her, or their respective offices, and in his or their stead from time to time to appoint any other person or persons as lamp contractor or contractors to erect, light, snuff, cleanse, trim, repair, and maintain the said lamps, taking such security from him or them as aforesaid, for any term of years not exceeding fourteen years; and such person or persons, so to be agreed with and appointed as aforesaid, may and shall have and receive the several sums to be made payable by the applotments aforesaid with the several powers of distraining and recovering the same, which are herein before mentioned. |