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CITY OF CORK ACT 1765
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CHAP. XXIV.
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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.
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Lights,
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3 G. 3. 17. as to erecting and continuing lamps in Cork repealed,
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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,
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and between 1 May and 1 August appoint 2 inhabitants of each parish applotters,
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any 5 to applot on inhabitants according to their substance,
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deficiency by death, insolvency, or change of abode, supplied next applotment,
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oath of applotters,
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applotment of others not invalidated by death, neglect, &c. of any,
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returned in 30 days to mayor, and signed by 5,
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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,
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by distress on mayor’s warrant,
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if no applotment in a month after appointment, each forfeits 205. a day till made and returned,
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to agree not above 14 years with lamp contractors, first giving bond and 2 foreties,
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who shall collect applotments half yearly.
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on non-payment 7 days after demand, contractors with a constable may distrain,
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and appraise and sell, if no replevin or payment in 6 days,
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replevin tried before mayor, who may finally award return or sale if not redeemed.
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contractors on misbehaviour removed,
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others appointed, with like powers.
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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.
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On removal appeal to next jusge of aslife, who may restore, or confirm removal,
on any neglect, for which not removed, penalty as per night every lamp, on conviction before a mayor or a jullice,
breaking or extinguishing lamps, &c any one may arrest and carry before a magistrate,
first offence 40s. each lamp, &c.
2d 50s.
3l. afterwards,
for want of distress committed, not under 1 nor above 6 months.
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II. Provided, That if any person or persons so removed shall think himself or themselves aggrieved by such removal, it shall and may be lawful for him or them to appeal to the next going judge of assize for the county of the said city, who is hereby authorized finally to determine the matter in dispute and to restore such person or persons, or to confirm his or their removal, as to the said judge shall seem fit; from which determination there shall be no further appeal; and that if any person or persons, whom the mayor, sheriffs, and common council of the said city of Cork shall agree with and appoint to erect, light, snuff, cleanse, trim, maintain, and repair the said lamps as aforesaid, shall neglect to supply the said lamps with a sufficient quantity of good and proper wick or oyl to continue lighting for such time, as the said mayor, sheriffs, and common council shall determine and fix on as aforesaid, or shall neglect to keep the glasses of the said lamps and of every of them clean and entire, or shall be guilty of any other neglect, for which the mayor, sheriffs, and common council of the said city may not think proper to remove the said person or persons, that then and in every such case such person or persons so offending shall forfeit for every lamp, which the said person or persons shall so neglect, for every night which such person or persons shall so neglect the same, the film of five shillings, to be recovered and levied by distress and sale of such offender’s goods and chattels after conviction before the mayor or other justice of the peace of the said city of Cork by the testimony of one witness, or by confession of the party accused, and to be applied in manner herein after directed; and that if any person or persons shall wilfully or maliciously break, throw down, or extinguish any lamp or lamps, now or hereafter to be set up to light the streets, lanes, passages, or quays of the said city of Cork, or the suburbs thereof, or wilfully damage the posts, iron, or other furniture of the same, it shall be lawful for any person or persons to arrest and detain such offender or offenders, until he, she, or they may be carried before the mayor or some other justice of the peace of the said city for the time being; and every person so offending, and being thereof convicted by the oath of one witness, or by the confession of the party accused, before the mayor or any justice of the peace for the said city, shall for the first offence forfeit forty shillings for each lamp, post, iron, or furniture thereof; and for the second offence the sum of fifty shillings for each lamp, post, iron, or furniture thereof; and for the third and every subsequent offence the sum of three pounds for each lamp, post, iron, or furniture thereof so broken, thrown down, extinguished, or wilfully damaged, to be recovered and levied by distress and sale of the offender’s goods in manner as aforesaid, and to be applied in such manner as herein after directed: and in case any person or persons shall be convicted in the manner before prescribed of breaking, throwing down, or extinguishing any lamp within the said city or suburbs thereof, or wilfully damaging the posts, iron, or other furniture thereof, and no goods or chattels of the person so offending can at the time of such conviction be found, then and in such case it shall be lawful for the said mayor or justice hearing such complaint to commit such offender to the house of correction, there to be kept to hard labour for any time less than one month, and not exceeding six months.
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Discharged on payment,
for other offences if no distress found in 24 hours, arrest and imprisonment till payment,
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III. Provided that if such penalty or forfeiture shall be paid, before the time of such commitment be expired, that then such offender shall upon such payment be immediately discharged out of custody; and in case no goods or chattels of any of the other offenders, who shall be convicted of any of the other offences, omissions, or refusals, made punishable by pecuniary penalties by any other part of this act relating to lamps, shall be found within twenty four hours after issuing such warrant as aforesaid, then it shall be lawful for the said mayor to issue his warrant in nature of an execution to take the body of such offender, and to commit such offender to the gaol of the said city and county of the said city of Cork to he held in execution, until such penalty and forfeiture shall be satisfied and paid.
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Appeal to sessions, and discharged on bail, determined at sessions,
penalties for breaking lamps, &c. to informer and Cork work house,
taking away lamps &c. transportation 7 years or whipt,
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IV. Provided nevertheless, That if any person or persons shall think him, her, or themselves aggrieved by the judgment of the said mayor of the city of Cork or other justice of the peace, that such person or persons may appeal to the justices of the peace at the next general or quarter sessions to be held for the said city of Cork; and if any such person or persons shall happen to be in custody, such person or persons shall and may be discharged out of custody upon giving sufficient bail to appear at the said sessions; and the justices of the peace at such sessions are hereby impowered to summon and examine witnesses on oath on either side, and finally to hear and determine the merits of such appeal, and make such order therein, as shall be agreeable to the provision and meaning of this act, and to the nature and circumstances of the case, and in case of conviction may and shall issue a warrant or warrants for levying the penalties or forfeitures, and for committing the offender or offenders as aforesaid; that all the pecuniary penalties and forfeitures, which shall be inflicted and levied by this act for wilfully or maliciously breaking, throwing down, or extinguishing any lamp or lamps, erected or to be erected in the said city or suburbs thereof, or for wilfully damaging the posts, iron, or other furniture of the same, shall be paid and applied in the manner following; that is to say, one moiety thereof to the person or persons who shall discover and prosecute such offender or offenders to conviction, and the other moiety, and all the other pecuniary penalties and forfeitures, which shall be inflicted and levied by this act, to the governors of the work house of the said city of Cork for the use of the said work house; and that if any person or persons shall steal or forceably carry away any of the said lamps, irons, posts, or furniture thereof, such person or persons, being lawfully convicted thereof upon indictment, shall be adjudged guilty of felony, and shall be transported to one of his Majesty’s plantations in America for seven years, or shall be publickly whipt, at the discretion of the judge who shall pass judgment on such offender.
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1016l. 10s. 3d. expended by mayor, &c. applotted 3 successive
years equally, collected, and paid as received,
the lamps, &c. purchased with part thereof to go in aid of the execution of this act,
like penalties on neglect of applotters,
like power to collect.
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V. And whereas the mayor, sheriffs, and commonalty of the said city of Cork, not having money sufficient in the funds of the said city for the erecting and lighting lamps in the said city and suburbs, did on the credit of the said funds, and in consequence of a clause in the herein before recited act of Parliament, borrow the sum of nine hundred and thirty eight pounds sixteen shillings and seven pence halfpenny at interest at the rate of five pounds for every hundred by the year, which sum they have expended for the purposes aforesaid: and whereas the said mayor, sheriffs, and commonalty have repaid the said sum of nine hundred and thirty eight pounds sixteen shillings and seven pence half-penny together with seventy seven pounds thirteen shillings and eight pence interest due thereon, amounting in the whole to the sum of one thousand and sixteen pounds ten shillings and three pence: be it enacted by the authority aforesaid, That the applotters to be appointed pursuant to this act shall and may, and they are hereby required, over and above the sums which they are herein before required to applot on the several inhabitants of the said city of Cork and the suburbs thereof, to applot on the said several inhabitants according to their substance the aforesaid sum of one thousand and sixteen pounds ten shillings and three pence, in three equal yearly successive applotments; the said applotments to be collected with the first, second, and third of the said applotments which shall be made after the end of this present session of Parliament for the erecting, lighting, triming, snuffing, cleansing, repairing, and maintaining the lamps of the said city of Cork and the suburbs thereof; and that the said lamp contractor or contractors shall collect and receive the same in manner aforesaid, and shall pay over to the chamberlain of the said city of Cork for the use of the said mayor, sheriffs, and commonalty the said sum of one thousand and sixteen pounds ten shillings and three pence, as he or they shall receive the same under the said three applotments thereof respectively; and that all and singular the lamps, irons, posts, and other furniture thereunto belonging, now in possession of the said mayor, sheriffs, and commonalty of the said city of Cork, and which were purchased with part of the said sum of one thousand and sixteen pounds ten shillings and three pence, shall go in aid of the execution of this act without any sum or sums of money being levied or raised for the. value or purchase of the sale, save the aforesaid sum of one thousand and sixteen pounds ten shillings and three pence; and that every person, who shall be appointed an applotter in manṅer herein before set forth, and shall refuse or neglect to take upon him the office of applotting the said sum of one thousand and sixteen pounds ten shillings and three pence, or shall undertake the same, and omit or neglect the execution thereof, or shall omit or neglect to return the applotment in such manner, and within such time, as herein before is mentioned with respect to the other applotments herein before set forth, shall be liable and subject to such penalties, forfeitures, and punishments, as he would have been liable to, in case he had been guilty of such refusal, neglect, or omission with respect to the other applotments herein before mentioned; and that the aforesaid lamp contractor or contractors shall have the same power and authority, and are hereby required, to collect the said sum of one thousand and sixteen pounds ten shillings and three pence, in the same manner as in case of the other applotted sums herein before mentioned; and that the persons, on whom any part of the said sum of one thousand and sixteen pounds ten shillings and three pence shall be applotted, shall be liable to the payment of the same in like manner, as they are to the payment of the other sums herein before mentioned.
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furors,
no challenge to jurors for want of freehold,
50l. above debts a qualification.
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VI. And whereas it has been found, that a sufficient number of freeholders cannot easily be had in the said city qualified to act as jurors in the court of record of the said city, whereby the trials of causes in the said court are much retarded to the great loss and delay of the parties concerned: and whereas there are numbers of wealthy citizens in the said city, who have not freeholds, be it enacted by the authority aforesaid, That from henceforth the want of freehold shall not be a legal or sufficient objection or challenge to any person summoned to be a juror in the said court; but that any person, possessed of or worth the sum of fifty pounds over and above all his just debts, shall be qualified to be impannelled and sworn as a juror in the said court, as if such person had a sufficient freehold.
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Walls,
mayor and council may compel to rebuild, and repair parapet walls as by 3 G. 3. 17. to build,
like power and forfeiture on neglect,
and to build rebuild, and repair parapets opposite the ends of streets leading to quay, dyke, or canal, in like manner,
like penalties,
and privilege of retainer of rent by tenant for years or at will.
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VII. And whereas doubts have arisen, whether the mayor and council of the said city of Cork are authorized under the herein before recited act of Parliament to compel any person or persons to repair or rebuild the parapet walls of the quays, dykes, or canals of the said city, or to build any parapet walls opposite to the ends of streets, lanes, or passages leading to the said quays, dykes, or canals, be it enacted by the authority aforesaid, That as often as any of the said parapet walls shall be broken down or out of repair, it shall and may be lawful for the said mayor and council from time to time to compel the same persons, who by the said recited act were compelled to build the said walls, to rebuild and repair them in the same manner and time, and to the same height and dimensions, as by the said recited act the said persons were and are compellable to build them, with like power to the said mayor in case the said persons or any of them shall neglect or refuse to rebuild or repair the said walls, as in and by the said recited act is given to the said mayor, in case any of the persons shall neglect or refuse to build the said parapet walls, and with like forfeiture on such persons so neglecting or refusing; to be recovered and applied in the like manner, as in the said recited act is set forth with respect to persons neglecting or refusing to build the said walls; and that it shall and may be lawful for the said mayor and council to compel the occupiers of the corner houses, cellars, or yards, or (in case the same be waste) to compel the owners thereof, at the next adjoining end of any street, lane, or passage leading to any quay, dyke, or canal in the said city of Cork, or in the suburbs thereof, to build, rebuild, and repair parapet walls opposite to the ends of the said streets, lanes, and passages, in the said manner and time, and to the same height and dimensions, as the parapet walls in the said recited act mentioned are to be built, and with like power to the said mayor, in case the said respective occupiers and owners, or any of them, shall neglect or refuse to build, rebuild, or repair the said last mentioned parapet walls, as in and by the said recited act is given to the said mayor with respect to persons refusing or neglecting to build the parapet walls therein mentioned, with like forfeitures on such persons so neglecting or refusing; to be recovered and applied in like manner, and with such privilege of retainer of rent to yearly tenants and tenants at will, as in the said recited act is set forth with respect to persons neglecting or refusing to build the parapet walls in the said recited act mentioned.
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Applotters of publick money,
recital 1 G. 3. 18. fee. 1.
Presentment at assizes of Cork for expences of applotters of publick money.
raised as by 1 G. 3. 18.
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VIII. And whereas in and by an act made in the first year of his present Majesty’s reign, intituled, An act for the more easy and equal assessing and applotting all money presented by the grand jury of each assizes to be held for the city and county of the city of Cork, and for pulling the coaches, chaises, chairs, and sedans, that ply for hire in the said city, under the like regulations for the benefit of the work house of Cork, as they are in Dublin, and also for the better regulating the harbour of Cork, it was among other things enacted, That the grand jury of each assizes, to be held for the said city and county of the said city of Cork, should present twenty six persons as applotters for assessing and applotting all publick money, presented to be raised in the said city and county of the said city: and whereas no power was thereby or therein given to the said grand juries to present any money for defraying the expences of the said applotters in the execution of their said offices, be it enacted by the authority aforesaid, That it shall and may be lawful for the grand jury of the said city and county of the said city at the next summer assizes, to be held for the said city and county of the said city after the end of the present session of Parliament, and the said grand jury is hereby required to present all such sums of money, as shall have been expended from the time of enacting the said last mentioned act to the time of holding said summer assizes by the said applotters, or any of them, or by the treasurer of the county of the said city, for pens, ink, books, or paper used by the said applotters, or any of them, in the execution of their offices as applotters, together with the expences of summoning the said applotters from time to time to take the oaths, required to be taken by the said applotters, and to meet and to make applotments; and that the respective grand juries at every assizes, to be held for the said city and county of the said city of Cork after the said summer assizes, shall and may, and they are hereby required to, present all such sums of money as shall have been expended by the said applotters, or any of them, for the purposes aforesaid, between the assizes, immediately preceding the assizes, at which such presentment shall be made, and such assizes at which such presentment shall be made; and the several sums so presented for the purposes aforesaid, shall be levied and raised in the same manner, as is prescribed by the said last mentioned act.
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Affidavit previous of fairly expending.
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IX. Provided, That no money shall be presented for any of the aforesaid purposes without an affidavit being previously made, that the sums, to replace which such money is to be presented, bath been honestly and fairly expended for the purposes aforesaid.
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Water Power in mayor, sheriffs, &c by 26 G. 3. c. 28.
1 G. 3. 19. f. 2.
powers thereby vested in common council and freemen vested in mayor, sheriffs, and commonalty,
and estate and property in water-courses; &c.
to grant under common seal shares of profits there-from to such freemen for such term of years, as by order confirmed by D’Oyer hundred.
on covenant to pay proportionable expence,
to make by act of council, confirmed by D’Oyer hundred, orders and bye laws as to water, &c. with penalties, as if herein enacted,
impowered to agree, notwithstanding any disability for liberty for ever, or any years, to take up water, dig canals. &c.
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X. And whereas by an act of Parliament made in the said first year of his Majesty’s reign, intituled, An act for building a stone bridge from the quay opposite Princes-street in the city of Cork, to Lavit’s Island, and a stone bridge from thence to the Red Abby Marsh, with a draw-bridge, or lifting-bridge of wood in the centre of the latter, sufficient to set vessels pass and repass, and also for supplying the said city with water, certain powers therein mentioned for supplying the said city with water, were vested in the common council of the said city of Cork, and such freemen at large of the said city, as should be elected in open court of D’Oyer hundred: and whereas it is thought to be more adviseable to vest the said powers in the mayor, sheriffs, and commonalty of the said city of Cork with liberty to them to appoint a committee to execute the said powers: be it enacted by the authority aforesaid, That all and singular the powers, therein vested in the said common council and freemen shall be, and are hereby divested out of the said common council and freemen, and vested in the said mayor, sheriffs, and commonalty, and their successors for ever, in as full and ample manner, as they were in or by said last mentioned act vested in the said common council and freemen; and that the estate, property, right, and title in and to the reservoirs, canals, trenches, water-courses, and pipes, to be made, cut, or laid in pursuance, or by virtue of the said last mentioned act, together with all profits and advantages accruing from the same, or any of them, or from the water in them, or any of them, to be contained, shall be, and are hereby vested in the said mayor, sheriffs, and commonalty, and their successors for ever; and that it shall and may be lawful for the mayor, sheriffs, and commonalty of the said city, under the common seal of the said city, to grant any share or shares, dividend or dividends, of the profits arising from the said reservoirs, canals, trenches, water-courses, pipes, and water, or any of them, to such, freeman or freemen at large of the said city, and their executors, adiministrators, and assigns, and for such term of years, as the mayor, sheriffs, and common council of the said city by their order or orders, confirmed by the court of D’Oyer hundred of the said city, shall appoint; such freeman and freemen, to whom such share or shares, dividend or dividends, shall be so granted, covenanting for him and them, his and their heirs, executors, administrators, and assigns, with the said mayor, sheriffs, and commonalty to pay a proportionable part of the expence attending the making, digging, cutting, repairing, and keeping in order the said reservoirs, canals, trenches, water-courses, and pipes; and that it shall and may be lawful for the mayors, sheriffs, and common council of the said city of Cork, by act or acts of council confirmed by the said court of D’Oyer hundred, from time to time, to make such orders, regulations, and bye laws, concerning the making, preserving, repairing, or altering the said reservoirs, canals, trenches, water-courses, water, and pipes, with such penalties and forfeitures for the breach of the said orders, regulations, and bye laws, and to be recovered and applied in such manner, as to the said mayor, sheriffs, and common council shall seem reasonable: and that such orders, regulations, and bye laws, shall be of the same force, and have the same efficacy, as if they were herein particularly set forth and enacted; and that it shall and may be lawful for the said mayor, sheriffs, and commonalty to agree with any person or persons, seized or possessed of any estate in fee, or in tail, or for life or lives renewable for ever, or for any term for years, in the county of Cork at certain annual rent or rents, or otherwise, as shall be agreed on to be paid by the said mayor, sheriffs, and commonalty, and their successors, to such person or persons, his, her, or their heirs, executors, administrators, or assigns, for liberty for ever, or for any number of years which shall be agreed on, to take up water from any river on the estate or grounds of such person or persons, and to cut, make, and dig canals, trenches, or water courses, for conveying the said water through the estate or grounds of any of the said person or persons; and that any of the said person or persons, notwithstanding any disability by coverture, settlement, intail, or other impediment, is and are hereby impowered to grant and demise the aforesaid liberty to the said mayor, sheriffs, and commonalty, and their successors.
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Rents agreed on paid to tenants not exceeding 60
years in proportion as said canals, &c. go thro’ their grounds.
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XI. Provided, That in case any of the said estates or grounds shall be in tenancy for any term of years not exceeding sixty, that then, and in every such case, the rent, so to be agreed upon, by and between the said mayor, sheriffs, and commonalty, and the said person or persons to whom the fee or freehold of the said estates or grounds shall respectively belong, shall belong and be paid to the said respective tenants of the said estates or grounds during the said respective terms, in proportion as the said canals, trenches, and water-courses shall go through the said tenants said lands.
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Streets,
Commissioners for making streets convenient,
to meet as any 5 appoint.
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XII. And whereas many of the streets, lanes, and passages of the said city of Cork and suburbs thereof, are too narrow; by means whereof the trade of the said city is greatly obstructed: be it enacted by the authority aforesaid, That the mayor and recorder of the said city of Cork for the time being, the right honourable John Hely Hutchinson esquire, William Ponsonby esquire, Henry Sheares esquire, the several aldermen of the said city for the time being, Hugh Lawton esquire, Francis Carleton esquire, Stephen Denroch esquire, Riggs Falkiner esquire, Bayley Rogers esquire, Walter Travers esquire, William Verling esquire, Simon Dring esquire, Luke Grant esquire, Kevan Izod merchant, Godfrey Baker merchant, Henry Wrixon esquire, and William Butler esquire, shall be and are hereby appointed commissioners for making wide and convenient streets, ways, and passages in the said city of Cork, and the suburbs thereof; and that it shall be lawful for the said commissioners, or the survivors of them, or any five of them, to meet at such times and places in the said city of Cork, as the said commissioners, or the survivors of them, or any five of them, shall think proper.
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Powers in 31 G. z. 19. vested in them, the same as in said act for Dublin.
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XIII. And be it enacted by the authority aforesaid, That all the powers vested by an act made in the thirty first year of the reign of George the second, intituled, An act for making a wide and convenient way, street, and passage from Essex-bridge to the Castle of Dublin, and for other purposes therein mentioned, shall be, and are hereby vested in the herein before mentioned commissioners, or any five or more of them; and that all and singular the clauses contained therein, except that clause wherein certain commissioners therein named, are appointed, shall be in as full force with respect to the said street, lanes, and passages, and the lands, ground, houses, and tenements in the said city of Cork, and the suburbs thereof, as the same are given and granted by the said last mentioned act of Parliament, to the commissioners therein named, or to be by the authority therein given elected or appointed with respect to the streets, lanes, and passages, and the lands, ground, houses, and tenements in the city of Dublin.
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Bridges,
The stone bridge erected over the Lee pursuant to 1 G. 3. 19.s 1. taken, down, a drawbridge instead.
and a stone bridge of 3 arches over the Southern Channel to Red Abbey Marsh.
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XIV. And whereas by the before mentioned act made in the first year of the reign of his present Majesty, it was enacted, That it should be lawful for the mayor, sheriffs, and commonalty of the city of Cork, to build a stone bridge over a branch of the river Lee, running through the said city, from the quay opposite to the street called Princes-street on Dunscombs Marsh in the said city, to the northern or opposite part of the island called Lavits Island, and to build one other bridge of two stone arches, and a listing or portcullis bridge over the southern channel of the said river, to the Red Abby Marsh: and whereas it hath been found that it would be more useful to the inhabitants of the said city, and to the trade thereof, that a draw bridge or portcullis bridge should be made in the place, where by the said act the stone bridge was appointed to be built, namely, from the quay opposite to the street called Princes, to the opposite part of the said Lavits Island: be it enacted by the authority aforesaid, That it may and shall be lawful for the mayor, sheriffs, and commonalty of the said city of Cork, to take down the stone bridge, which hath been erected over the said branch of the river Lee, which runs between the said island and Dunscomb’s Marsh, and in the place and stead thereof, to build and erect a turn or draw bridge, or portcullis bridge; and to build, erect, or finish a stone bridge of three arches over the southern channel of the said river, from the said island to the said Red Abby Marsh, in the place where the bridge of two stone arches and a portcullis bridge was by the said act appointed to be built.
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Markets.
Precept by justices to sheriffs to return in sessions 24 citizens, 12 sworn as a market jury in open court, one by one.
Oath,
3 to visit at seasonable hours places for sale of provisions, and inspect the quality, if unwholesome, illegal, or in hands of fortstaller, &c. seised with the owners, carried before, and disposed of by the mayor,
to act till next jury sworn next session,
juror refusing fined, not above 10l.
by distress and sale on mayor’s warrant,
to the workhouse.
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XV. And whereas the said city of Cork is greatly encreased in the number of houses and inhabitants, insomuch that the mayor of the said city cannot so strictly attend the inspection of the markets of the said city as usual, and do the other requisite duties of his office: be it therefore enacted by the authority aforesaid, That the justices of the peace for the county of the said city, at the time of their issuing their precept to the sheriffs of the county of the said city, for holding the general quarter sessions of the peace for the county of said city, shall from time to time issue also a precept to the said sheriffs, requiring them to return to the said justices at the said sessions, twenty four of the citizens of the said city, twelve of whom to be sworn as a market jury for the said city; and the said sheriffs are hereby impowered and required to summon, and to return twenty four citizens of said city, for the purpose aforesaid; and the said justice shall cause the said market jury to be sworn in open court at the said sessions, one by one, (to wit) that he will well, truly, and diligently execute the office of a market juror of the said city without favour or affection, malice or ill will, to any person or persons whatsoever: and the said market jury for the time being, or any three or more of them, are hereby impowered and required at seasonable hours to visit the markets, store houses, working houses, cellars and shops in the said city, where provisions and victuals are sold or made up or making up for sale in the said city, and to inspect the quality of the said provisions and victuals; and in case the said jury, or any three or more of them, shall find any unwholesome or bad provisions or victuals, or any provisions or victuals fraudulently or illegally made up, or provisions or victuals in the hands of any forestaller, regrator, or engrosser, that in every such case the said jury, or any three or more of them, are hereby impowered to seize the said provisions or victuals, and the person or persons exposing the same to sale, or claiming to be the owner or owners thereof, and to carry the said provisions and victuals, and the person or persons before the mayor of the said city for the time being, who is hereby empowered to dispose of the said provisions and victuals and of the said person or persons according to law; and that each market jury so sworn, or any three or more of them, shall have full power and authority to execute the said office of a market jury from the time of their being sworn, until the next market jury shall be sworn at the ensuing general quarter sessions of the peace to be held for the county of the said city; and if any person, being duly summoned and returned by the said sheriffs to serve as a market juror as aforesaid, shall refuse, neglect, or omit to appear pursuant to the said summons, and take the oath aforesaid, or shall neglect or refuse to execute the said office, it shall and may be lawful to and for the said justices at their sessions, and they are hereby impowered, to impose a fine not exceeding ten pounds, on each and every such person; and the mayor of the said city is hereby impowered and required to issue his warrant for the levying the said fine by distress and sale of the goods and chattels of the said person or persons, and to pay over the sums so levied to the governors of the work house of the said city of Cork for the use of the said work house.
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Bakers.
Baker or meal-maker is to buy corn only in publick market in Cork, or from importer,
penalty 5l. before mayor. by distress and sale;
to informer and workhouse,
make same quantity of household as wheaten bread,
save otherwise ordered, and published by mayor,
penalty 40s.
bakers not meal-men,
penalty 5l.
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XVI. And whereas several frauds are committed by the bakers and meal makers of the said city of Cork: for remedy whereof be it enacted by the authority aforesaid, That no baker, or seller of bread, or meal maker, residing in the said city of Cork or suburbs thereof, shall by himself, or herself, or others for his or her use, buy any corn from any person or at any place but in the publick market, where corn is usually sold or exposed to sale within the said city of Cork, except where the same hath been imported, and then only from the merchant, factor, or owner importing the same; and if any baker, seller of bread, or meal maker, shall be convicted of buying corn in any other place or manner than as aforesaid by the consession of the party, or by the oath of one credible witness, before the mayor of the said city, such person for every such offence shall forfeit live pounds, to be recovered in a summary manner before the mayor of the said city, and to be levied by distress and sale of the offenders goods by warrant under the hand and seal of the mayor of the said city, one half of the said sum of five pounds to go to the informer, and the other half thereof to the governors of the work house of the said city of Cork for the use of the said work house; that every baker, or person making or exposing bread to sale, within the said city of Cork and suburbs thereof shall at all times make the same quantity of household as of wheaten bread, unless the mayor of the said city shall think it necessary, that greater quantities of household or other forts of bread should be made; and that the mayor of the said city shall publish the proportions to be so baked in the Weekly assize of bread, or otherwise, under his hand; which orders so published the said bakers or sellers of bread are required to perform; and if any baker or person making or exposing bread to sale shall omit to bake an equal number of household as wheaten loaves, or shall not observe such orders, that shall be published as aforesaid, for baking household or other sorts of bread, every person so offending, and being thereof convicted by the confession of the party or by the oath of one credible witness before the mayor of the said city, shall for every such offence forfeit forty shillings, to be recovered in the summary manner and to be applied as is before mentioned; that no person exercising the trade of a baker shall at the same time follow the occupation of a meal maker, or shall sell meal in the said city or the suburbs thereof, during the time of his or her exercising the trade of a baker on pain of forfeiting five pounds for every such offence, to be recovered in the summary manner, and to be levied and applied as is before mentioned.
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Appeal to sessions,
if dismissed or not prosecuted, costs to informer and imprisoned till payment,
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XVII. Provided that if any baker, seller of bread, or meal maker, so convicted in any of the aforesaid penalties, shall think him or herself aggrieved, he or she may appeal in writing to the next quarter sessions of the peace for the county of the said city of Cork, where the same shall be heard in a summary manner, and finally determined; and if the person so appealing shall not make good such appeal, or prosecute it with effect, the said court of sessions shall award such costs, as they shall think reasonable to the prosecutor or informer, and commit such offender to the common goal, until he or the shall make payment of the said costs, and also the penalty adjudged on the conviction to the informer.
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Said acts is force, save as repealed, amended, or altered, general issue pleaded, &c.
a publick act,
double costs on nonsuit, &c.
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XVIII. And be it further enacted by the authority aforesaid, That the aforesaid acts, except such parts thereof as are hereby repealed, amended, or altered, shall remain in force, as if this act had never been made; and that if any person or persons shall be sued or molested for any thing done by virtue or in pursuance of this act, such person or persons may plead the general issue, and give this act (which shall be deemed a publick act) and the special matter in evidence for his and their defence; and if a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs discontinue his, her, or their action, or be non-suited, or judgment be given against the plaintiff or plaintiffs on demurrer or otherwise, the defendant or defendants shall have double costs.
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