Limerick Navigation Act 1771

LIMERICK NAVIGATION ACT 1771

CHAP. XXIV.

An Act to enable the corporation for promoting and carrying on an inland navigation in this kingdom to erect and make a lock adjoining to the long dock of the old quay in the city of Limerick.

The corporation may erect a lock cross the Shannon,

and apply 1500l. of parliamentary grants.

WHEREAS ships cannot at present lie with safety in any part of the river Shannon between the New bridge and the pier adjoining to the long dock of the old quay in the said city upon account of the rapidity of the current and hardness of the ground: and whereas boats can at present pass only at certain times, and then with much difficulty and danger, from any part of the river above Baall’s bridge: and whereas the rapidity of the current between Baall’s bridge and the new bridge is so great, and frequently to do much damage to the new quays on each side of the river, which were erected at the expence of the publick, and if not prevented will probably soon destroy the same; all which circumstances are very injurious to the trade of the said city: and whereas the said several inconveniencies may be remedied by erecting a lock across the said river from the said pier of the said long dock, and making the space between the said lock and the said New bridge a safe and convenient place for ships to lie in: 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 it shall and may be lawful to and for the said corporation for promoting and carrying on an inland navigation in this kingdom to erect such lock, as is herein before mentioned, and to apply such part of the money granted to them by parliament, as they shall think proper for that purpose, not exceeding the sum of one thousand five hundred pounds in the whole.

Vested with all powers as for any inland navigation.

II. And be it enacted by the authority aforesaid, that the said corporation shall from and immediately after the passing of this act be vested with all and singular the same powers, property, and rights, for the purpose of making such lock, as are at present vested in them by any law for the purpose of making any inland navigation in this kingdom.

Ships of 20 tons in ballast to pay 2d. per ton, laden 4d.

foreigners 4d. in ballast laden 6d.

by entry and distress,

or civil bill.

III. And whereas the expence of making and keeping such lock in constant repair, and of wages of proper persons to attend the same, must be very considerable: be it enacted by the authority aforesaid, that it shall be lawful to and for the corporation, or any person or persons authorized by them under their corporation seal, as soon as such lock shall be compleated, to take and levy upon all ships and vessels, which shall come within the said lock, or pass through the same, any sum or sums of money in their discretion, not exceeding the following rates, (that is to say) for every ship or vessel belonging to any of his Majesty’s subjects of twenty tons burthen or upwards, and not being laden, or in ballast only, two pence per ton; for every ship or vessel belonging to any of his Majesty’s subjects of twenty tons burthen or upwards, being laden or having any cargo on board, four pence per ton; for every foreign ship or vessel, not being laden, or in ballast only, four pence per ton; for every foreign ship or vessel being laden, or having any cargo on board, six pence per ton: and in case of refusal to pay the said several rates it shall and may be lawful to and for the said corporation and their servants to enter into and distrain such ships or vessels, or their tackle or furniture, or the goods therein, for the same, and to dispose thereof as in cases of distress for nonpayment of rent, or to sue for and recover the same by civil bill.

Entry to take dimensions,

disputes determined by collector or next officer.

IV. And be it enacted by the authority aforesaid, that it shall and may be lawful to and for the servants of the said corporation to go on board such ship or vessel to take the dimensions of the same; and in case any dispute shall arise concerning the tonnage of any such ship or vessel, the same shall be finally determined by the collector, or in his absence by the next superior officer in the port of Limerick, who are hereby respectively impowered and required to determine the same.

Contract for making and keeping it in repair, and attending,

and for that purpose under seal transfer property.

V. And be it enacted by the authority aforesaid, that it shall and may be lawful to and for the said corporation to contract with any person or persons or body corporate for the making of such lock, and for keeping the same in constant repair, and finding proper persons to attend the same, upon such terms as they shall think reasonable, and for that purpose to assign and transfer by writing under the seal of the said corporation unto such person or persons or body corporate all or any part of the property, rights, and powers, hereby vested in the said corporation, and also the duties herein before mentioned, or any part thereof; and thereupon such property, rights, powers, and duties, or such parts thereof as shall be so transferred, shall be vested in, and held and enjoyed by, the person or persons or body corporate, to whom the same shall be so transferred; any law or statute to the contrary thereof in any wise notwithstanding.

General issue pleaded, &c.

a publick act.

VI. 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, and judicially taken notice of as such.