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LIMERICK NAVIGATION ACT 1767
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CHAP. XXVI.
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An Act for applying the Sum of Six Thousand Pounds, granted by Parliament to the Corporation for promoting and carrying on an inland Navigation in this Kingdom, to be by them applied in carrying on a Navigation from the City of Limerick to the deep navigable Water above the Town of Killaloe, and for encouraging other Persons to subscribe for carrying on and compleating the said Work at their own Expence.
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7 G. 3. 1. sec. 7.
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The corporation by 1st June next to open a subscription for said navigation till 10000l. subscribed.
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WHEREAS by an act passed this session, entitled, an Act for granting and continuing to his Majesty an additional duty on beer, ale, strong waters, wine, tobacco, hides, and other goods and merchandizes therein mentioned, and for prohibiting the importation of all gold and silver lace, (except of the manufacture of Great Britain,) the sum of six thousand pounds was granted to the corporation for promoting and carrying on an inland navigation in this kingdom, to be by them applied towards carrying on the navigation of the river Shannon from the city of Limerick to the deep navigable water above the town of Killaloe, as soon as the sum of ten thousand pounds shall be subscribed for compleating the said work, and twenty pounds per cent, thereof shall be paid into such person or persons, as shall for that purpose be appointed by the said corporation: and whereas it is reasonable and just, that the persons, who shall advance their money in pursuance of the said act, should be entrusted with the conduct of the said works, and should also have some compensation for their expence and trouble: 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 corporation shall on or before the first day of June next open a subscription for carrying on and compleating the said navigation; and that the same shall be kept open, until the sum of ten thousand pounds shall be subscribed for the purpose aforesaid.
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Subscribers in a month after closing to pay 20 per cent.
or void, and new subscription opened,
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II. And be it enacted by the authority aforesaid, That such subscribers shall, within the space of one calendar month after such subscription shall be closed, pay in twenty pounds per cent. of the sums by them respectively subscribed to such person or persons, as shall be appointed for that purpose by the said corporation; and in default thereof the subscription of every person so failing to pay shall be absolutely void to all intents and purposes; and the said corporation shall open a new subscription for filling up such deficiency, and proceed therein in the manner herein before directed.
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None under 50l.
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III. Provided always, That no person shall be admitted to subscribe less than fifty pounds.
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Certificate of paying 20 per cent.
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IV. And be it enacted by the authority aforesaid, That the said corporation shall give to the said respective subscribers, after they shall have respectively paid in twenty pounds per cent. of their respective subscriptions as aforesaid, a certificate under the seal of the said corporation, in which shall be mentioned the sums by them respectively subscribed and paid.
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Such subscribers erected into a company by name,
with a common seal, &c.
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V. And be it enacted by the authority aforesaid, That as soon as twenty pounds per cent. upon all such subscriptions shall be paid in as aforesaid, such subscribers shall be united and erected into one company for carrying on the said navigation, and shall from thenceforth be one body politic and corporate, by the name of the company of undertakers for making the river Shannon navigable, and shall have perpetual succession and a common seal, and by that name may sue and be sued.
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May meet in Limerick, and adjourn,
make and vary by laws and rules for their conduct consistent with law,
8 days notice of meeting in the Limerick papers.
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VI. And be it enacted by the authority aforesaid, That it shall be lawful to and for the said company from time to time, as often as occasion shall require, to assemble in the city of Limerick, and from time to time to adjourn such assemblies, and at such assemblies or the adjournments thereof to make such by laws, rules, and orders for the better government of their affairs and of their members, and for making such contracts and agreements, and for appointing such servants and persons for carrying on the said navigation, as they shall think fit, and to vary or repeal such by laws, rules, and orders, and make new ones: provided all such by laws, rules, and orders shall be consistent with law: provided also, that eight days notice at the least, including the day of such notice and the day of meeting, previous to such meeting shall be given of the time and place of holding such assemblies in the publick news papers of the city of Limerick.
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The joint stock 10000l.
in shares 50l. each,
further subscriptions, if necessary, added there-to,
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VII. And be it enacted by the authority aforesaid, That the joint stock of the said company shall be the said sum of ten thousand pounds so subscribed as aforesaid; and the same shall be divided into shares of fifty pounds each; and in case it shall be found necessary to subscribe any further sum or sums for compleating the said navigation, such further sums so subscribed shall be added to and become part of the joint stock of the said company.
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5 shares intitles to vote or meddle,
I vote every 5 shares,
in person or by proxy under hand and seal,
chairman to have casting vote besides his own.
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VIII. And be it enacted by the authority aforesaid. That no person shall vote at any assembly of the said company, or have, any right to intermeddle in any fort in the affairs of the said company, unless he or she shall have in his or her own name and right, or in right of his or her testator or intestate, at least five shares of such joint stock; and that every member of the said company shall have one vote in all such assemblies for every five shares, he or she shall have in such joint stock; and that the respective members, who shall have a right to vote at such assemblies, may appear either in person or by proxy appointed by an instrument in writing under their respective hands and seals; and that the majority of votes at such assemblies shall determine all matters in question; and if there shall be an equality of votes, the chairman of such assemblies shall have a casting vote besides his vote as a member of the said company.
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7 present or by proxy.
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IX. Provided always, That at every such assembly there shall be present either in person or by proxy seven members at the least, who shall have a right to vote thereat.
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Books of account kept.
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X. And be it enacted by the authority aforesaid, That all the accounts, transactions, and proceedings of the said company shall be regularly and fairly entered in books to be kept for that purpose; to which every person, having in his own name and right any share in such joint stock, or his or her representative or representatives, may have access at all reasonable times to inspect.
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The corporation to pay the company said 6000l. and subscriptions,
applied to said navigation,
and accounted for to parliament.
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XI. And be it enacted by the authority aforesaid, That the said corporation shall pay to the said company, or to such person or persons as shall be authorized by the said company to receive the same, the said sum of six thousand pounds, and also such sums as shall have been paid in upon such subscriptions, to be applied by them in carrying on the said navigation, and to be accounted for to Parliament.
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Lands, locks, &c. now vested in the corporation, and all materials, and money granted for said work, and unapplied, vested in the company,
with like powers as by several acts, but subject to restriction therein, and to controul of said corporation.
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XII. And be it enacted by the authority aforesaid, That the several lands, tenements, and hereditaments, bridges, locks, sluices, drains, banks, dams, towing paths, and other ways, which arc now vested in the said corporation for the purposes of carrying on the said navigation between the city of Limerick and the deep navigable water above the town of Killaloe, and also all the materials and utensils which have been or shall be provided before the first day of June next for carrying on the said work, and also all sums of money which have been granted for carrying on the said work, and which remain unapplied, shall, from and immediately after such company shall be so erected as aforesaid, be vested in the said company and their successors; and that such company and their successors shall from and after the time aforesaid be invested with, and shall hold and enjoy, all and singular the powers, privileges, advantages, and authorities in all things for the purposes of carrying on the said navigation, as are now vested in the said corporation by virtue of several acts made in this kingdom; subject nevertheless to the several restrictions in the said acts mentioned, and subject nevertheless from time to time to the controul of the said corporation.
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But not to debts or damages incurred by the corporation.
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XIII. Provided always, That the said company shall not be subject to any debts or damages already contracted or incurred, or which shall be contracted or incurred before the first day of June next, by the said corporation or any persons acting under their authority.
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Rates payable to the company,
vessels carrying goods between Limerick and O‘Brien’s bridge 15d. per tun, passengers 2d. each,
to or from Killaloe or the deep water above, 2s. and 6d. per tun, passengers 4d.
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XIV. And be it enacted by the authority aforesaid, That in consideration of the expence and trouble which the said company shall be put to in making and maintaining the said navigation, it shall and may be lawful to and for the said company and their successors from time to time, and at all times hereafter, to ask, demand, receive, and sue for to the use of the said company the several rates and duties herein after mentioned (that is to say) for every boat, barge, or other vessel, navigating the said river between the city of Limerick and O‘Brien’s bridge either upwards or downwards, in which any goods, merchandizes, or commodities shall be carried, the sum of fifteen pence for every tun of the burthen or tunnage of such boat, barge, or other vessel, and for each passenger in the same two pence; and for every boat, barge, or other vessel, passing to or from the town of Killaloe or the deep navigable water above the said town, in which any goods, merchandizes, or commodities shall be carried, the sum of two shillings and six pence for every tun of the burthen or tunnage of such boat, barge, or other vessel, and for every passenger in the same four pence.
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On refusal, distress as for rent or sued by civil bill,
Disputes settled by any justice of county or city of Limerick,
Appeal to next judge of assize.
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XV. And be it enacted by the authority aforesaid, That in case of refusal to pay the said several rates and duties it shall and may be lawful to and for the said company and their servants either to distrain such boats, barges, or other vessels, or the goods therein, for the same, and to dispose thereof as is usual in cases of distress for non payment of rent, or to sue for and recover the same by civil bill; and in case any dispute shall arise concerning the sum to be paid for any such rate, the same shall be adjusted by any justice of the peace of the county or city of Limerick, with liberty of appeal to either party from such determination to the next going judges of assize for the county of Limerick, whole determination therein shall be final.
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No other duty taken for goods.
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XVI. And be it enacted by the authority aforesaid, That no duty, rate, or custom whatsoever, save the rates herein mentioned, shall be taken for any goods, merchandizes, or commodities, which shall be carried by the said navigation to the city of Limerick.
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No duty on boats with manure or for pleasure, with turf 2d. per tun.
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XVII. Provided always, That boats or other vessels laden with dung or manure only, or boats used for pleasure only, shall pay no duty; and that boats or other vessels laden with turf only shall pay no more than at the rate of two pence per ton.
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Proprietors entitled in proportion to their interest,
their stock personal estate,
not subject to popery laws.
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XVIII. And be it enacted by the authority aforesaid, That the proprietors of the said joint stock, their executors, administrators, and assigns, shall be entitled to the tolls, duties, advantages, and profits, hereby vested in the said company, in proportion to their respective interests in the joint stock of the said company; and that their said several interests therein shall be deemed and considered as personal estate, and not subject to any of the laws made to prevent the growth of popery.
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Assignments of stock entered in companies book.
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XIX. And be it enacted by the authority aforesaid, That every assignment, which shall be made of any part of the said joint stock, shall be entered and made in a book for that purpose, to be kept at such place as shall be appointed by the said company.
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Assembly may call on proprietors to pay subscriptions, and further sums not exceeding 20l. per cent. of original subscription,
On refusal 10 days notice of sale of such shares in Limerick papers.
sale pursuant thereto by publick cant, if not paid,
and such proprietors barred, and the shares vested in purchasers,
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XX. And be it enacted by the authority aforesaid, That it shall and may be lawful to and for the assemblies, convened as herein before is directed, from time to time and at all times, as occasion shall require, to make one or more call or calls upon the several proprietors of the said joint stock to pay in the remainder of their respective subscriptions, and also such further sums as shall be found necessary for compleating the said navigation: provided, such further sums shall not exceed in the whole twenty pounds, per cent. of the original subscriptions; and in case of any of the proprietors of the said joint stock, their representatives or assigns, shall refuse or neglect to pay the sums so called for within ten days after the time, appointed by such assemblies for the payment thereof, notice shall be given in the publick news papers of the city of Limerick, that the said company will proceed to sell by publick cant on such day, as shall be specified in such notice, the share or shares of the person or persons so refusing or neglecting to pay the sum or sums so called for; and unless such person or persons shall before the day specified in such notice to pay the respective sums so called for, the said company, or such person as they shall appoint for the purpose, shall sell by publick cant at the tholsel of Limerick the shares or shares of the person or persons so refusing to pay; and the money, for which the same shall be so sold, shall be paid to the said company for the use of such proprietor or proprietors; and such proprietor or proprietors shall from thenceforth be for ever barred of such share or shares, and all profits arising therefrom, and of all interest in the same both in law and equity; and such share or shares, and all profits and advantages arising therefrom, shall from thenceforth be vested in such purchaser or purchasers.
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21 days notice of sale.
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XXI. Provided always, That such notice shall be given at least twenty one days previous to every such sale, including the day of such notice and the day of such sale.
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Turnpikes may be erected on truckways,
and toll as usual taken, coach and 6 horses, 1s. under 6, 6d;
4 wheeled waggon, &c. 6d.
one horse chaise, 3d.
cars 1d. with more than 1 horse 2d.
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XXII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said company to erect one or more turnpike or turnpikes upon and across any of the track ways, which now are or shall be made on either side of the said navigation, and to take and receive at the same the following tolls, for which they may distrain and sell, as is usual at other turnpikes (that is to say) for every coach, berlin, chariot, or chaise, drawn by six horses, one shilling; for every coach, berlin, chariot, or chaise, drawn by less than six horses, and more than one, six pence; for every waggon, cart, or carriage with four wheels, six pence; for every chaise with one horse, three pence; for every carr or cart with more than one horse, two pence; and for every carr or cart with one horse one penny.
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Toll but once a day.
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XXIII. Provided always, That such toll shall be paid only at one gate, and but once only in the same day.
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A ferry at Rebough, and toll 25 usual,
a coach and 6, 1s; with more-than. 1, 6d; 3. horse chaise, 3d,
cars, 1½d. a horse 1d; passenger ½d.
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XXIV. And be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said company and their successors to establish and keep a ferry over the river Shannon from Rebough to the opposite side of the said river, and to take at the same the following tolls, for which they may distrain and sell, as is usual in cases of ferries, (that is to say) for every coach, berlin, chariot, or chaise, drawn by six horses, one shilling; for every coach, berlin, chariot, or chaise, drawn by more than one horse, six pence; for every chaise with one horse three pence; for every cart or car with one horse three half pence; for every horse, mare, or mule one penny; and for every passenger one halfpenny.
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Proportionable dividends at or in 15 days after Lady day and Michaelmas.
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XXV. And be it enacted by the authority aforesaid, That the clear profits, which shall arise to the said company from the several duties hereby vested in them, or otherwise, or so much thereof as shall be thought proper, shall from time to time at Lady day and Michaelmas, or within fifteen days after the said feast days respectively, be paid and divided to and amongst the respective proprietors of the said joint stock in proportion to their shares and interest therein.
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Owner’s name and abode with the tunnage set on their vessels,
penalty 40s. to prosecutor by civil bill.
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XXVI. And be it enacted by the authority aforesaid, That the owners of all boats, barges, and other vessels, navigating the said river between the city of Limerick and the town of Killaloe, shall cause his, her, or their name or names and places of abode together with the dimensions or tunnage of their respective boats, barges, or other vessels, to be set on some conspicuous part of such boats, barges, or other vessels; and in default thereof every such owner shall forfeit the sum of forty shillings, to be recovered by any person, who shall sue for the same by civil bill, for his own use.
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Answerable for damage by the crew.
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XXVII. And be it enacted by the authority aforesaid, That the master of every boat, barge, and other vessel, navigating the said river, and the owner thereof shall be answerable for any damage or mischief, which shall be done by any of the crew or persons belonging to such boat, barge, or other vessel to any of the works of the said navigation, or to any of the goods laden in such boat, barge, or other vessel.
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Persons breaking or damaging the works forfeit treble to the company on indictment, &c.
ascertained by the jury,
imprisonment till paid,
tried in county or city of Limerick.
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XXVIII. And be it enacted by the authority aforesaid, That in case any person or persons shall wilfully break down or damage any of the works, which are already made or which shall be made for the use of the said navigation, all and every person and persons so offending, and being thereof convicted upon an information or indictment, shall forfeit to the said company treble the sum necessary to be laid out in repairing such damage; which sum shall be ascertained by the jury, who shall try such offence; and the judge, before whom such offence shall be tried, shall commit such offender or offenders to the common gaol, till he or they shall pay to the said company the sum or sums so ascertained; and such offence may be layed or tried either in the county or in the county of the city of Limerick.
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Persons sued for acting may plead the general issue &c.
a publick act.
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XXIX. And be it enacted by the authority aforesaid, That if any suit shall be commenced or prosecuted against any person or persons for any thing, which shall be done in pursuance of this act, such person or persons may plead the general issue, and give the special matter in evidence; and this act shall be deemed and taken to be a publick act.
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