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CITY OF DUBLIN ACT 1775
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CHAP. XX.
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Every clause relating to extending provisions herein to barony of Donore repealed by 19 & 20 G. 3. c. 44. s. 17.
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An Act to explain and amend an act, entitled, An act for paving the streets, lanes, quays, bridges, squares, courts, and alleys, within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned; and for extending the provisions of the said act to the baronies of saint Sepulchre’s and Donore.
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Qualification of commissioners or committee 20l. a year rents of lands; or 300l. personal,
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penalty 50l.
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to prosecutor,
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proof on defendant.
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WHEREAS an act was passed in the thirteenth and fourteenth years of his present Majesty, entitled, An act for paving the streets, lanes, quays, bridges, squares, courts, and alleys within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned: and whereas it would forward the good purposes of said act, that for the future no commissioner or committee-men should have power to act, who shall not in their own right, or in right of their wives, be possessed of a certain property: and whereas a power is given by the said act to the commissioners therein named, or any seven or more of them, to cause all posts; rails, signs, steps, bulks, stalls, holes, pits, show glasses, show boards, jet-out windows, walls inclosing dunghills, as also all steps and doors opening or leading from the foot ways, or carriage ways, into vaults, cellars, or other places, to be removed, filled up, or altered: and whereas it has caused some discontents, that the powers of removing rails from the fronts of houses, and filling up areas, is intrusted to the determination of so small a body as seven commissioners: and whereas some further powers and authorities are necessary to be given, and some further regulations ought to be made, in order to effect the purposes aforesaid: be it enacted by the king’s most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that from and after the first day of May one thousand seven hundred and seventy six no person shall be capable of acting as a commissioner or a committee-man in the execution of this act, unless he shall then be in his own right, or in right of his wife, in the actual possession or receipt of the rents of lands, tenements, or hereditaments of the clear yearly value of twenty pounds, or possessed of, or intitled to a personal estate of the value of three hundred pounds; and if any person, not being so qualified, shall presume to act, every such person shall for every such offence forfeit and pay the sum of fifty pounds to any person or persons, who shall sue for the same; to be recovered in any of his Majesty’s courts of record by action of debt or on the case, or by bill, or suit, or information, together with costs of suit, wherein no effoign, protection, or wager of law, or more than one imparlance, shall be allowed, and wherein the proof of qualification shall lie on the person prosecuted; and it shall be sufficient on the Part of the prosecutor to prove, that the person so prosecuted had acted as a commissioner or committee-man in the execution of this act.
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No victualler or retailer of liquors to act.
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II. And be it further enacted by the authority aforesaid, that no victualler or person, who shall sell ale, wine, or spirituous liquors by retail, shall be elected or be capable of acting as a commissioner or committee-man under this act.
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Committee refusing to attend, 7 commissioners may execute.
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III. And be it further enacted by the authority aforesaid, that in case a sufficient number of the committee-men shall refuse or neglect to attend on regular notice being given in order to carry into execution the orders and directions of the commissioners, that then and in all such cases it shall and may be lawful to and for the said commissioners, or any seven or more of them, to carry their said orders into execution, without the concurrence of such committee so refusing or neglecting to attend, and their orders to the servants or officers of such committee shall be sufficient authority for them to act under.
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election of commissioners by common council from 3 to 3 years, as by 13 and 14 G. 3. c. 22. s. 2. save the time altered from 24 June to within 14 days after 24 December.
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IV. And whereas by the said act the assembly or common council of the city of Dublin arc empowered to elect fifteen aldermen and fifteen common council-men, together with the commissioner: therein named and appointed, to be commissioners for carrying said act into execution, which commissioners so elected are to continue in office for three years, ending the twenty fourth day of June one thousand seven hundred and seventy seven: be it enacted by the authority aforesaid, that the aldermen and common council-men returned to be commissioners pursuant to the election had in consequence of said act, or such persons as may be chosen to succeed, in case of any vacancy which may happen among them, shall continue to be commissioners until the twenty fourth day of December one thousand seven hundred and seventy seven; within fourteen days after which the said assembly or common council shall elect to be of the said commissioners so many and such persons, as by the said act they are empowered, which election shall be continued from three years to three years during the continuance of this act, and to be in manner and form as by the said act is particularly directed in all respects, except only in the alteration of the time of making such election from the twenty fourth of June to some day within fourteen days after the twenty fourth day of December in every year, where such elections are to be made as aforesaid, any thing in the said act to the contrary notwithstanding.
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Commissioners (not from office) neglecting meeting 12 months, committee 1, unless sickness, his place vacant,
another elected as by said act,
on notice to lord mayor by common council clerk,
or to the minister or curate by clerk to the division.
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V. And be it enacted by the authority aforesaid, that if any present or future commissioner (not being a commissioner from office) shall neglect to attend the meetings, which shall be held in pursuance of said act, for the space of twelve months, of it any present or future committee-man Shall neglect to attend the meetings, which shall be held in pursuance of said act, for the space of one month, except he is prevented by sickness or other bodily inability, that his place shall become void and vacant, as if he was naturally dead, and such commissioner or committee-man shall be no longer authorized or empowered to act in the said office; and it shall and may be lawful for the remaining commissioners, and they are hereby required, in the manner prescribed in the said act to elect a fit person to be a commissioner in the room and place of such former commissioner; and if such vacancy shall happen by the neglect and non-attendance as aforesaid of any of the commissioners elected by the common council of the city of Dublin, then and in such case the clerk to the said commissioners shall give notice thereof to the lord mayor, who shall proceed, as the said act directs, to elect some other person in the room and place of such former commissioner, which newly elected commissioner shall continue a commissioner till the expiration of the three years, for which the aldermen and common council-men then commissioners shall have been elected; and if such vacancy shall happen by the neglect or non-attendance of any committee-man, then and in such case the clerk to the division, wherein such vacancy shall happen, shall give notice thereof to the minister or curate of the parish, in which said person was elected; and such minister or curate shall, in the manner ordered and directed in the said act, convene a meeting of the protestant parishioners, and shall elect some other person to be a committee-man in the room and place of such former committee-man; and such person, who shall be elected to fill any vacancy of commissioner or committee-man, in manner as herein before mentioned, after he shall have performed the requisites in the said act set forth, shall and is hereby declared to have all and every the rights, powers, and authorities of the person, to whom he was so appointed and elected to succeed as a commissioner or committee-man respectively.
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5 Persons constituting committees may contract for repairing pavement in division,
approved as by said act.
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VI And be it enacted by the authority aforesaid, that any five or more of the persons constituting committees in the several divisions in the said act mentioned, and the two divisions hereby added, shall and may, at the time they contract for paving, or at any other time, contract for keeping in repair the pavement of any of the squares, streets, bridges, quays, courts, alleys, places, and lanes, in their respective divisions, which contract or contracts shall be done, executed, and approved of, in manner and form as by the said act is particularly mentioned
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14 commissioners at meeting to alter rails, windows, areas.
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VII. And be it further enacted by the authority aforesaid, that the powers vested in the commissioners by the said recited act for causing all rails, jet-out windows, and areas, to be removed, filled up, and altered, shall not be carried into execution at any meeting, in which a less number than fourteen commissioners shall be present.
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In streets so feet broad, or quays, not without consent.
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VIII. Provided always, that no rail, area, or jet-out window, shall hereafter be removed, filled up, or altered, in any street, which shall be thirty feet in breadth from area to area, and upon the quays from the area to the wall of the river, without the consent first had and obtained of the owner or proprietor of such house.
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14 commissioners may demise or mortgage assessment in each division as security for loan thereon,
by writing under common seal.
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IX. Provided always, and be it further enacted by the authority aforesaid, that the said commissioners, or any fourteen or more of them, (any thing in this or in said recited act to the contrary notwithstanding) may, and they are hereby empowered, to borrow at interest upon the credit of the said rates and assessments in each of said five divisions in said recited act mentioned, and in each of the said two divisions hereby added, such sums as they shall find necessary for the purposes in said acts mentioned, in each of such divisions respectively; and may demise or mortgage the said rates and assessments in each of the said divisions respectively, or any part thereof (the costs of such mortgage to be paid out of such rates and assessments) as a security to any person who shall advance such sum or sums, by writing under their common seal, in the words or to the effect following:
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“By virtue of an act made in the fifteenth and sixteenth years of the reign of his Majesty king George the third, entitled, An act to explain and amend an act for paving the streets, lanes, quays, bridges, squares, courts, and alleys, within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned, we the commissioners for paving the streets of Dublin in consideration of the sum of to the treasurer of the said commissioners in hand paid do grant, bargain, sell, and demise unto A. B. his executors, administrators, and assigns, such proportion of the rates and assessments arising in division, by virtue of an act passed in the thirteenth and fourteenth years of his present Majesty’s reign, entitled, An act for paving the streets, lanes, quays, bridges, squares, courts, and alleys, within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned, and said act made in the fifteenth and sixteenth years of his said Majesty’s reign, as the said sum of doth or shall bear to the whole sum advanced or to be advanced on the credit thereof, to be had and holden from this day of in the year of our Lord for and during the continuance of the said acts, unless the said sum of with interest, at the rate of per centum per annum Shall be sooner repaid arid Satisfied.”
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copies entered,
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money applied where raised,
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lender not answerable for application,
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Service of notice or process treasurer sufficient.
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And that copies of all such mortgages or securities shall be entered in the books or other records of the said commissioners; and that the sum, so raised in each division in said recited act mentioned, shall be applied and disposed of in the division, upon which the same shall be so raised; and the person or persons, so lending or advancing any money upon the credit of this or the said recited act, shall not be answerable or accountable for the application or non-application of the same; and it shall be necessary on any suit or controversy whatsoever to prove only the advancing and payment of the same to the said treasurer; and in all cases whatsoever, where any notice or process issuing out of any court of law or equity relative to this or said former act shall be necessary to be served on said commissioners, or the corporation erected by said recited act, service of the same on the treasurer appointed by said commissioners under said act shall be deemed and adjudged good and sufficient service to all intents and purposes whatsoever.
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Such security transferable by indorsement.
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X. And be it further enacted by the authority aforesaid, that all persons, to whom such mortgage or security shall be made, or who shall be entitled to the money thereby secured, may from time to time transfer their right, title, interest, or benefit to the said mortgages or securities, and the said principal and interest thereby secured, to any person by writing or signing an indorsement on the back of such securities in the words or to the effect following.
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I do transfer this mortgage or security, with all my right and title to the principal hereby secured, and to all the interest now due upon the same, unto his executors, administrators, and assigns. Dated this day of G.H.
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So toties,
not after in power of assignor.
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XI. And be it enacted by the authority aforesaid, that such transfer and assignment shall entitle such assignee, his executors, administrators, and assigns, to the benefit thereof, and payment thereon; and such assignee may in like manner assign or transfer the same again, and so toties quoties; and that it shall not be in the power of such person, who shall have made such assignment, to make void or discharge the original security or monies thereby due.
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Mortgagees creditors in equal degree in proportion to the sums.
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XII. And be it enacted by the authority aforesaid, that all persons, to whom such mortgage, security, or assignment shall be made, shall be, (in proportion to the sums mentioned,) creditors on such rates and assessments, on credit whereof such sums are advanced, in equal degree one with another.
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Personal property,
not subject to popery Laws.
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XIII. And be it further enacted by the authority aforesaid that the property of such lender in such mortgage or security shall be deemed and adjudged in all courts of law and equity to be personal and not real estate; and also deemed and adjudged not subject to or to be affected by any of the laws to prevent the further growth of popery, or subject to any discovery under the same.
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Part of 13 end 14 G. 3. C. 34 s. 42. repealed.
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XIV. And whereas by an act passed in the last session of parliament, entitled, An act for making and amending publick road, in the county of Dublin, and for regulating the assessing, applotting, and levying of money in the county of the city of Dublin, it is amongst other things enacted, that any person or persons, who shall lay any filth or dirt collected from the streets of the said city, or liberties thereof, nearer than two hundred yards to any road within two miles of the castle of Dublin, or nearer than twenty one feet to the center of any road, at a greater distance than two miles from the same, shall be liable to such forfeiture, as is therein mentioned: and whereas the said recited part of the said act hath been found inconvenient: be it enacted by the authority aforesaid, that the said recited part of the said act shall be and the same is hereby repealed.
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13 & 14 G. 3. C. 22. s. 26. the fines therein for not cleansing the foot way increased,
fines half to prosecutor.
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XV. And whereas by the said act the owner or occupier of every house is required once in every day, as therein set forth, to escape, sweep, and cleanse, or cause to be scraped, swept, and cleansed, the footway all along the front of their respective houses or tenements, or in default thereof shall forfeit and pay for every such offence the sum of one shilling: be it enacted by the authority aforesaid, that the owner or occupier of any house, who shall offend by neglect or otherwise in the premisses, as set forth in the said act, shall forfeit and pay the following sums, that is to say, for the first offence one shilling; for the second two shillings; for the third three shillings; for the fourth four shillings; and for the fifth five shillings; and the said fine of five shillings for every time he shall after so offend; to be recovered in the same manner as all or any of the penalties and forfeitures by the said act imposed are made recoverable: and it shall and may be lawful to and for the said commissioners, or any seven or more of them, to give and apply said fines, as also all other fines levied by virtue of this and the said former act, or any part of them, (not exceeding one half of the sum so levied) to the person or persons who shall inform and prosecute to the recovery of such fine any such offender or offenders, and the residue of the said fine or fines towards the purposes of the said act.
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Digging or leaving holes in streets not properly inclosed, or inclosing longer than necessary, not sencing areas, penalty 5l. & 5l. weekly.
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XVI. And whereas in several of the streets, lanes, quays, squares, courts, yards, alleys, passages, and places, in the said recited act mentioned, there is a great quantity of earth dug up, and large holes or void spaces are left in such streets and places for the purpose of making vaults to the houses or tenements built or in building longer than is absolutely necessary: and whereas the areas before houses or tenements built or in building are often left open, and no sence, rails, or timber, properly placed or fixed up, so as to prevent passengers from falling down the same, by reason whereof the lives of many of his Majesty’s subjects are endangered: be it enacted by the authority aforesaid, that if any person or persons whatsoever from and after the passing of this act shall dig out any earth, or leave any hole or void space in any street, or in any place before any house or tenement built, or in building, within the limits aforesaid, for the purpose of making vaults, or any other purpose whatsoever, and shall not inclose the same in a good and sufficient manner, to be approved of by the surveyor or surveyors for the time being to the said commissioners, or shall keep up such inclosure longer, than is absolutely necessary, or shall not well and sufficiently sence or rail before the area or areas fronting to any street place, every person or persons, guilty of any of the offences aforesaid, shall forfeit and pay the sum of five pounds, and the like sum of five pounds for every week, that such nuisance shall be continued; to be recovered in like manner as penalties and forfeitures by the said recited act are directed to be recovered.
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Obstructions in foot or carriage ways removed to store yard till 5s. paid,
sold on non-claim and payment in a days.
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XVII. And to the end that the foot ways and carriage ways in the parishes and places in the said five divisions, and also in the said two divisions hereby added, may be kept free from obstructions and annoyances, be it enacted by the authority aforesaid, that it shall and may be lawful to and for any person or persons appointed by the said commissioners, or any five or more of them, to seize any stand, table basket, roots, fruit, barrow, blocks, timber, planks, benches, sticks, cask, or other obstruction or annoyance standing or lying in any of the foot ways or carriage ways in this and the said recited act mentioned, and cause the same to be removed to the store yard or place appointed for keeping materials for the works of the division, wherein such seizure shall be made, until the owner or owners shall pay the penalty of five shillings to redeem the same; and in case the same shall not be claimed, and the penalty of five shillings, together with the expence of removing the same, paid within two days next after such seizure thereof, it shall and may be lawful to and for such person or persons so appointed to cause the same to be appraised and sold, and the residue of the money arising therefrom (after paying the penalty and charges aforesaid) to be returned to the owner or owners of such standing, table, basket roots, fruit, barrow, cask, or other article, who shall demand the same.
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Wastes fenced in 21 days after notice by 5 commissioners,
or done by their order at party’s expence.
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XVIII. And be it enacted by the authority aforesaid, that all landlords, or owners, tenants, or occupiers of any waste or vacant piece of ground, or seite of any house or tenement, lying in or adjoining to any of the streets, lanes, or places in the said five divisions, and said two divisions hereby added, which shall lie open to and unfenced from the fame, or where the fence shall be in a ruinous condition or out of repair, shall within twenty one days after notice delivered to him, her, or them, or any or either of them, by order of the said commissioners, or any five or more of them, well and sufficiently fence in the premisses mentioned in such notice, or cause the old fence (if any) to be well and sufficiently repaired within the time aforesaid; and in case such work shall not be completely finished within the time aforesaid, it shall and may be lawful to and for the said commissioners, or any five or more of them, to order and cause the same to be done, compleated, and finished, and the tenant or occupier thereof, or other person in possession thereof, or seized thereof, to whom such notice as aforesaid shall be given, shall pay the expence thereof, upon demand of the person authorized by the find commissioners, or any five or more of them, to receive the same; and in case of refusal or neglect to pay the same it shall and may be lawful for such person or persons, as the said commissioners, or any five or more of them, shall authorize, appoint, order, or direct for that purpose, to bring, commence, and prosecute one or more actions or suits for the recovery of such expence, together with costs of suit, from the person or persons so neglecting or refusing to pay as aforesaid.
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Breaking or exercising horses in streets, 10s.
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XIX. And whereas horse riders and servants frequently exercise horses in the streets to the great annoyance of the passengers: be it enacted by the authority aforesaid, that if any person or persons shall be convicted in a summary way before a justice of the peace of the said city upon the oath of one or more credible witnesses or by confession, of breaking or exercising horses in any of the streets comprehended within this or the said recited act, that he or they shall be subject or liable to the penalty of ten shillings, to be recovered as other penalties in the said recited act mentioned.
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Rubbish not laid down,
carried away in cares only, ready at the door,
penalty 10s.
repeated by 19 &c 20 G. 3. c. 44. s. 10.
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XX. And whereas great inconvenience arises to the publick from laying coal ashes, horse dung, and other rubbish in the streets, lanes, and alleys, and other places in this and the said recited act mentioned, to the great annoyance of the publick; after which the same is carried upon low back cars, and heaped in such a manner, that great part of such rubbish is dropped, before it is carried out of town: for remedy whereof be it enacted by the authority aforesaid, that from and after the first day of May one thousand seven hundred and seventy six no person whatsoever, carrying out of any house, yard, cellar, court, lane, or alley, any coal ashes, horse dung, or any rubbish whatsoever, shall attempt to lay down the same in any place mentioned in the said recited act, but shall have a cart ready at the door of said house, yard, cellar, lane, or alley, to load said coal ashes, horse dung, or rubbish in; and that no person whatsoever shall be permitted to load or carry away such coal ashes, horse dung, or any rubbish on any low back car, or otherwise than in a cart, under the penalty of ten shillings, to be recovered as other penalties in the said recited act mentioned, are recoverable.
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Building materials, &c. on carriage or footways, unless inclosed, removed in 2 days after notice,
penalty 10s.
sold, if not claimed and payment in 5 days
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XXI. And be it enacted by the authority aforesaid, that if any person or persons shall at any time or times hereafter set or place, or cause to be set or placed, in any of the carriage ways or foot ways within the limits aforesaid any casks, package, timber, stones, wheels, bricks, lime, sand, mortar, or wood, or any other material or thing whatsoever for the purposes of making mortar, or of building any house, shop, ware-house, coach-house, stable, or tenement, or for any other purpose (unless the same shall be inclosed in a paling or erection, as herein after is directed) and shall not remove the same within the space of two days next after notice to him or her given for that purpose, or left at the premises where the same shall be, or if empty or unoccupied, or in building, stuck against the wall thereof by any one of such commissioners as aforesaid, or by any person or persons by five or more of them appointed for that purpose; every person so offending shall for every such offence forfeit and pay a sum not exceeding ten shillings, and any one of such commissioners, or any person or persons so appointed by them, may seize or cause to be seized such cask, package, timber, stones, wheels, bricks, lime, sand, mortar, wood, or other materials or things (not being inclosed as aforesaid) and take or remove, or cause the same to be taken or removed, to the store yard or place for keeping materials for the works of the division, wherein such seizure shall be made, there to be kept and detained until the owner or owners thereof, or his, her, or their known servant or servants Shall and do pay to the persons, in whose custody the same shall be, the said penalty, together with the charges of removing the same; and in case the same shall not be claimed, and the said penalty and charges paid, within the space of five days next after such seizure thereof, then it shall and may be lawful to and for the said commissioners, or any five or more of them, to order the same to be appraised and sold, and the money arising therefrom shall be applied to the purposes of this act.
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2d offence 20s.
40s. after.
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XXII. And be it further enacted by the authority aforesaid that if any such nuisance, obstruction, or annoyance shall be afterwards replaced, and be continued for the space of one day after notice to remove the same, the person or persons convicted of such second offence shall forfeit and pay the sum of twenty shillings, and the sum of forty shillings for every repeated offence
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Supervisor’s licence to inclose first had, fee 1s.
Penally 20s. every 12 hours continued,
if erected Without or contrary to licence, or continued longer, pulled down, removed to store yard,
if not claimed, and payment with charges in 5 days sold.
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XXIII. And be it further enacted by the authority aforesaid, that no person or persons whatsoever shall erect or build, or cause to be erected or built, any such paling, or erect any posts, bars rails, boards, or other thing by way of inclosure for the purpose of making mortar, and depositing bricks, stone, lime, sand, or any other materials for building or repairing any house, shop, warehouse, coach house, stable, or tenement, or other works, or for any other purpose, without leave or licence first had and obtained under the hand or hands of the supervisor or supervisors for the time being of the division, wherein such paling or inclosure is wanted, who is and are hereby required to grant the same forthwith on every person so applying for such licence, paying to the said supervisor or supervisors the sum of one shilling; and no person whatsoever shall erect or build any such paling or enclosure as aforesaid in any other manner, or suffer the same to remain for any longer time, than shall be expressed and allowed in such licence from the said supervisor or supervisors, to be signed as aforesaid, upon pain of forfeiting a sum not exceeding twenty shillings for every twelve hours that the same, or any part thereof, shall be continued contrary to the directions of this act; and if any such kind of enclosure shall be erected or built without the leave of the said supervisor or supervisors so had and obtained and signed as aforesaid, or shall be set up in any other manner, or continued for any longer time, than shall be allowed and expressed in such licence, then and in either of said cases it shall and may be lawful for such commissioners, or any five or more of them, to cause the same to be pulled down and removed, and the materials thereof shall be deposited in the store yard or place for keeping materials for the works of the divisions, wherein such enclosure shall be pulled down and removed, there to be kept and detained until the owner or owners, or his, her, or their known servant or servants, shall and do pay to the person or persons, in whose custody the same shall be, the said penalty, together with the charges of removing the same; and in case the same shall not be claimed, and the said penalty and charges paid, within the space of five days next after such seizure thereof, then it shall and may be lawful to and for the said commissioners, or any five or more of them, to order the same to be appraised and sold, and the money arising therefrom shall be applied to the purposes of this act.
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Lime sifted, screened, or slacked, save in such inclosure 40s.
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XXIV. And be it further enacted by the authority aforesaid, that if any person or persons shall sift, screen, or slack any lime (except within such enclosure as aforesaid) in any street, lane, quay, square, court, yard, alley, passage, or place comprehended within and under the jurisdiction of this and the said recited act, or cause the same to be so done, he or they shall forfeit and pay for every such offence the sum of forty shillings.
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Night soil not taken away before 11 at night or after 5 in the morning,
nor cast into streets, &c.
any one may take offender to the watch house,
conveyed before a mad gistrate,
to bridewell not above 1 month, nor under 2 days,
9 commissioners to order reward not above 2 cs. nor under 5s.
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XXV. And be it enacted by the authority aforesaid, that if any person or persons shall empty any bog-house or bog-houses, or take away any night soil from any house or houses within any of the said five divisions, or the said two divisions hereby added, before the hour of eleven o’clock in the night, or shall continue to take away such soil after the hour of five in the morning, or if any person or persons shall put or cast any such soil, or wilfully or negligently permit the same to turn out of any car, cart, tub, pail, or otherwise into any of the streets, lanes quays, bridges, squares, courts, alleys, or places in the said divisions, then and in every such case it shall and may be lawful to and for any constable, beadle, or watchman (and the, and each and every of them, is hereby required and injoined so to do) and to and for every or any other person or persons whomsoever, to apprehend the person or persons so offending, and to carry him, her, or them to the watch-house in the parish, wherein such offender shall be so taken up (the constable or keeper whereof respectively are hereby required to take such offender or offenders into custody) and thereafter, as soon as conveniently may be, to convey him, her, or them before one or more of the justices of the peace for the said city, who upon said offence or offences respectively being proved before him upon oath or oaths of the person or persons apprehending or others (which oath such justice or justices is and are hereby required and empowered to administer) shall and may commit such offender or offenders to the bridewell of the said city for any time not exceeding one month, nor left than two days, there to be kept to hard labour; and the said commissioners, or any nine or more of them, are hereby authorized to order any sum not exceeding twenty shillings, nor less than five shillings, to be paid out of the said rates, to be raised by virtue of this and the said former act, to the person or persons by whom the said offender or offenders shall be so detected, apprehended, and conveyed to such watch-house as aforesaid, as a reward for his or their trouble.
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May relieve owners of houses 5l. value or under.
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XXVI. And whereas it may be reasonable to exempt and excuse some persons from payment of the rates and assessments, in this and the said recited act mentioned, on account of their poverty and disability to pay the same: be it enacted by the authority aforesaid, that it shall and may be lawful for the said commissioners, or any nine or more of them, and they are hereby authorized and empowered to grant to the owner or occupier of houses of the value of five pounds only, or under, by the year, such relief in the payment of any rate or assessment assessed or to be affected by virtue of this or said recited act, as they the said commissioners, or any nine or more of them, shall think Proper.
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Lying-in hospital charged only 20l. a year.
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XXVII. And be it enacted by the authority aforesaid, that the governors and guardians of the hospital for the reception of Lying-in women shall be charged and pay the yearly sum of twenty pounds, and no more, for the pavement in and about the said hospital.
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No part of the pleasure grounds leased for building,
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XXVIII. And whereas it is highly conducive to the health and welfare of the citizens of Dublin, that the pleasure grounds, belonging to the hospital for the reception of lying-in women, should remain and continue to and for their use and recreation, as they have heretofore been: be it enacted by the authority aforesaid, that it shall not be lawful for the governors or guardians of said hospital, or their successors, to lease out the whole or any part or parcel of said pleasure grounds for the purposes of building thereon.
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Trinity College 70l. a year,
Stephen’s Green 50l.
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XXIX. And be it enacted by the authority aforesaid, that the provost, fellows, and scholars of Trinity college near Dublin shall for the pavement in and about the said college pay the annual sum of seventy pounds, and no more; and that the lord mayor, sheriffs, commons, and citizens of the city of Dublin Shall for the pavement at or around saint Stephen’s Green in the said city pay the annual sum of fifty pounds sterling, and no more; any thing in this or the said recited act contained to the contrary notwithstanding.
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The corner houses removed in 12 months and angles rounded.
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XXX. Provided always, that the said lord mayor, sheriffs, commons, and citizens of the said city of Dublin do within twelve months after the passing of this act take down and remove the houses at the corners of the said green, and round off the four angles of the said green from six to ten feet.
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7 commissioners may let or fell, surplus of ground purchased, together or in parcels.
a preference to vendors.
for purposes of said act,
and direct new edifices,
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XXXI. And whereas by reason of the purchases, which the said commissioners are empowered to make by virtue of the aforesaid recited act, they may happen to be possessed of some piece or pieces of ground, over and and above what may be made use of for the widening, enlarging, and improving the street, way, or passage, for which they purchased the same: be it enacted by the authority aforesaid, that it shall and may be lawful for the said commissioners, or any seven or more of them, to let, sell, or dispose of any such piece or pieces of ground, either together or in parcels, in such manner as they shall find most advantageous and convenient, to such person or persons as shall be willing to contract, agree for, or purchase the same, giving preference to the person or persons of whom the same shall have been purchased, and to apply the money arising from the same to the purposes of said recited act, and it shall and may be lawful to and for the said commissioners, or any seven or more of them, to design, assign, and lay out, in what manner any new houses or edifices shall be erected or built upon any such piece or pieces of ground, which they shall be possessed of as aforesaid, over and above what may be necessary for widening, enlarging, and improving the street, way, or passage, for which they purchased the same.
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9 may remove market nuisances.
and oblige possessors of stalls to six their names and number in front,
in either case on refusal after 2 days notice levy ill offence 5s.
2d. 10s.
3d. 20s.
and 20s after.
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XXXII. And whereas the laws now in being have not been found sufficient to prevent the several nuisances justly complained of in the different markets in this city, and the liberties thereof: be it therefore enacted by the authority aforesaid, that from after the first day of March one thousand seven hundred and seventy six the said commissioners, or any nine or more of them, shall and are hereby empowered to remove and abate all obstructions and nuisances whatsoever in the several markets of the said city and liberties thereof; and that it shall may be lawful to and for the said commissioners, or any nine or more of them, to oblige the owner or owners, tenant or tenants in possession, of any of the stalls in the said markets to affix his, her, or their name or names, and number, in legible characters, on the front of their respective stall or stalls; an in case such owner or owners, tenant or tenants, shall refuse or neglect to remove any nuisance or obstruction, by him, her, or them respectively occasioned of made, after two days notice for that purpose given to them personally, or left at such stalls, or to affix his, her, or their name or names and number as aforesaid, that then and in every and either of such cases it shall and may be lawful to and for any nine or more of the said commissioners, or any person by them appointed for that purpose in the manner in the said recited act directed, to levy the following fines or forfeitures for such offences (that is to say) for the first offence the sum of five shillings, for the second offence the sum of ten shillings, and for third offence the sum of twenty shillings; and the said fine of twenty shillings for every time after such person or persons shall so offend.
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Ground inclosed in dead wall, void spaces, a security for arrears of rate, when owner not found,
owner or occupier sued in treasurer’s name.
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XXXIII. And be it enacted by the authority aforesaid, that when it shall so happen, that the owner or owners, or proprietor or proprietors, of any dead walls or void spaces of ground shall not be known or cannot be found, so as that the rates and assessments, which the commissioners by virtue of the said act shall rate and asses, may be recovered and received, that then and in every such case the ground, inclosed in such dead wall or such void space of ground, shall remain and be a security to said commissioners for all arrears of such rates and assessments; and the said commissioners or any nine or more of them may, if they think proper, sue in the name or names of their treasurer or treasurers the owner, proprietor, or occupier of such dead walls, or void spaces, for all or any of the rates, which shall be by them made by virtue of the said recited act, and all arrears due thereupon and unpaid; in which action no effoign, protection, or wager of law, or more than one imparlance shall be allowed.
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Rated by 5 at 1s. per l. of annual value per foot by solvent tenant.
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XXXIV. And whereas doubts have arisen in respect to the rates, and assessments, directed to be laid upon dead walls and void spaces of ground in the several streets, lanes, and other places, in this and the said recited act mentioned: be it enacted by the authority aforesaid, that all such dead walls and void spaces of ground shall be respectively rated by the said commissioners, or any five or more of them, at one shilling in the pound of the annual value, which the said commissioners, or any five or more of them, shall judge, such grounds, fronting to and bordering upon any of the said streets and other places in this and said recited act mentioned, would be let for by the foot to a solvent tenant, and no more; any thing in this or the said recited act to the contrary notwithstanding.
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Baronica of St. Sepulchre’s & Donore included,
made 2 separate divisions,
subject as others by 13 & 14 G. 3. c. 22,
save in 2 particulars, repealed as to every clause extending to Donore by 19 &20 G. 3. c. 44. ∫ 17.
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XXXV. And whereas the respective inhabitants of the barony of saint Sepulchre’s in the liberty of saint Sepulchre’s and county of Dublin, and of the barony of Donore in the said county of Dublin, are desirous of being included in this present act under the following regulations: be it enacted by the authority aforesaid, that the said baronies of saint Sepulchres and Donore may be included in this act, and be constituted and made two separate divisions, and be called the sixth division or division of saint Sepulchres, and the seventh division or division of Donore, and be subject to all the same taxes, assessments, rules, orders, and regulations, for the paving the highways, streets, lanes, quays, bridges, squares, courts, and alleys within said baronies, as the other five divisions comprized within an act passed in the last session of this parliament, entitled, An act for paving the streets, lanes, quays, bridges, squares, courts, and alleys within the city and county of the city of Dublin, and other purposes relative to the said city of Dublin, and other places therein particularly mentioned, are subject to, except in the two following particulars.
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As no regular watch tax in said baronies, assessed at is. per l. of yearly rent as rated for minister’s money,
paid annually.
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XXXVI. Whereas by said last mentioned act a tax, not exceeding one shilling in the pound in any one year, may be laid or assessed by the commissioners in said act named, or any nine or more of them, on all lands, houses, shops, warehouses, cellars, vaults, or tenements within the said city of Dublin, liberties, and other places comprized in said act, as the same shall have been ascertained and rated towards the maintenance of the watch in such parish and place respectively for each preceding year, and to be paid annually by such person and persons, and in such proportion, manner, and form, as the rates towards the support of the watch are now paid: and whereas there is not any regular tax for maintenance of the watch in the said baronies of saint Sepulchre’s, and Donore: be it enacted by the authority aforesaid, that from and after the passing of this act into a law one or more rate or rates, assessment or assessments, shall twice in every year, or oftener if it shall be thought needful by the commissioners herein and by the said former act appointed, or any nine or more of them, be laid and assessed by the said commissioners, or any nine or more of them, for and upon all and every the lands, houses, shops, warehouses, cellars, vaults, or tenements within the said baronies of saint Sepulchres and Donore, in such sum and sums of money as the said commissioners, or any nine or more of them, shall yearly and every year order and direct, so as such rates or assessments do not exceed in the whole the sum of one shilling in the pound in any one year of the yearly rent of such lands, houses, shops, warehouses, cellars, vaults, or other tenements, as the same shall have been ascertained and rated for ministers money in such baronies and places respectively for each preceding year; which rate or rates, assessment or assessments shall be paid annually by such person and persons, and in such proportion, manner, and form, as the rates for ministers money are now paid.
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As there are extra-parochial places in said baronies, the respective vestries shall nominate 4 valuators for each,
returned to the sit board,
of default the sit board to nominate 4, to make return in a month,
the tax in other parts by minister’s money laid on by such valuations in extra-parochial.
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XXXVII. And whereas there are some places extra-parochial in said baronies of saint Sepulchre’s and Donore, that do not pay any ministers money: be it enacted by the authority aforesaid; that it shall and may be lawful to and for the protestant inhabitants of the said barony of saint Sepulchres, assembled in vestry at the church of saint Kevan, and to and for the protestant inhabitants of the barony of Donore assembled in vestry at the parish church of saint Luke, on the first Thursday in February next to nominate and appoint four persons for each barony respectively to value all the lands, houses, shops, warehouses, cellars, vaults, or other tenements, in all the extra-parochial places in said baronies respectively, and make returns of such valuations respectively to the first board of commissioners, that shall sit after the first day of April next, or in default of such returns, or either of them, the first board of commissioners that shall sit after the said first day of April next, and shall consist of nine or more commissioners, are hereby authorized and required to nominate four persons for each or either of said baronies so neglecting to make a return or returns, as herein before directed, who shall value all the houses, shops, warehouses, cellars, vaults, and other tenements in the places extra-parochial in said baronies of saint Sepulchres and Donore, respectively, and return their respective valuations to the said commissioners within one month after their having received directions to make such valuation; and the tax laid on in the other parts of said baronies according to the ministers money shall in all the places extra-parochial in said baronies be laid on and paid according to one or other of the valuations aforesaid, as one or the other of them shall happen to be made.
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Divisional committees for said baronies,
seneschals and registers
&3 first grand jury men successively,
vacancies supplied in vestry on notice.
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XXXVIII. And whereas the said baronies of saint Sepulchres and Donore are in the county of Dublin: be it enacted by the authority aforesaid, that the divisional committees for said baronies or sixth and seventh divisions may consist each of the following parcels, and be constituted in manner following; the seneschals and registers of the liberties of saint Sepulchres and Thomas Court and Donore, for the time being, to be always two respectively of said committees; the three first persons that shall be sworn on the respective grand juries at the next Easter courts leet to be held respectively in said liberties, likewise to be of said committees respectively, and to continue members of said committees till another grand jury in each of said liberties respectively shall be sworn at the next succeeding Easter court leet, that shall be held in each of said liberties respectively, when the three first persons sworn on the grand jury at such next succeeding Easter court leet shall succeed immediately as committee-men to the three first persons of the last grand jury of the last preceding Easter court leet in each of said liberties respectively, and from time to time successively during the continuance of this act; and in case of the death, disability, or resignation of any of said grand jury-men be it enacted by the authority aforesaid, that the protestant inhabitants respectively to be assembled in vestry in each barony on notice given in church for that purpose shall elect from time to time one, two, or three persons, as the case may happen, in each barony to supply the place or places of any such grand jury man or grand jury men so dying, being disabled, or resigning, in each barony respectively; which said person or persons so respectively elected shall continue committee-man or committee-men, as long as the person or persons so dying, being disabled, or resigning, would have continued committee-man or committee-men.
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Said committee-men commissioners for executing this and said act.
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XXXIX. And be it likewise enacted by the authority aforesaid, that the said seneschals and registers for the time being, and the said three other persons to be appointed respectively members of the said divisional committees for the baronies of saint Sepulchres and Donore respectively as aforesaid, may likewise, during their continuance as committee-men as aforesaid, be commissioners for carrying into execution the powers by this act, when passed into a law, and the said former act vested in the commissioners herein and therein appointed.
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Committees constituted for each barony in vestry,
sworn and with like powers as other divisional committees.
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XL. And be it enacted by the authority aforesaid, that on the first Thursday in February next, and on every first Thursday in every succeeding February annually, the protestant parishioners of the several parishes, or parts of parishes, comprized within said barony of saint Sepulchres shall meet in the vestry room of the church of saint Kevan, or some other usual place for transacting the publick business of that part of the parish of saint Peter, that is in the barony of saint sepulchre’s aforesaid, the usual notice being first given by the minister or curate of said church of saint Kevan, and shall elect by ballot ten persons, four of whom shall at the time of such election be resident in that part of the ward of saint Kevan within the line, as is comprized in said barony of saint Sepulchres; and four of whom shall be resident at the time of such election in that part of the ward of New street that is comprized in said barony; and two of whom shall be resident at the time of such election in the Poddle ward in said barony; which said ten persons so elected, together with the seneschal and register of the said liberty of saint Sepulchres, and the three grand jury men, or persons to be elected as aforesaid in their room, shall constitute a committee for the better carrying the purposes of this act and the said former act into execution within the sixth division or division of saint Sepulchres, and shall be armed with all the same powers, and be sworn, and be in every respect whatsoever exactly on the same footing as any of the divisional committees appointed by the said former act, or acting under the powers therein or herein given; and the protestant parishioners of the several parishes or parts of parishes, comprized within the said barony of Donore, shall meet in the vestry room of the church of saint Luke, or some usual place for transacting the publick business of the said parish of saint Luke, the usual notice being first given by the minister or curate of said church; and shall elect by ballot eight persons, fix of whom shall be resident at the time of such election in the parish of saint Luke in said barony; and two of whom shall be resident at the time of such election in that part of the parish of saint Catherine, which is comprehended within the said barony of Donore; which eight persons so elected; together with the seneschal and register of the liberties of Thomas court and Donore, and the three grand jury men, or persons elected as aforesaid in their room; shall constitute a committee for the better carrying the purposes of this act and the said former act into execution within the said seventh division or division of Donore; and shall be armed with all the same powers; and be sworn, and be in every respect whatsoever exactly on the same footing as any of the divisional committees appointed by the said former act, or acting under the powers therein or herein given; and the five persons, who out of the persons appointed committee-men as aforesaid for the barony of saint Sepulchres are to be commissioners as aforesaid for said barony, and the five persons who out of the persons appointed committee-men as aforesaid for the barony of Donore are to be commissioners as aforesaid for said barony of Donore, shall likewise be armed with all the same powers, and be in every respect on the same footing, as the commissioners by the said former act constituted and appointed.
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Pavement to stables or out offices repaired in 6 days after notice,
on default, by order of 5 commissioners,
expence, not paid in 6 days, levied on warrant by 2 justices.
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XLI. And be it enacted by the authority aforesaid, that as to all pavements adjoining or belonging to all stables, coach houses, or other out offices within the limits of this act; in cafe of defect or want of reparation therein, the owner or occupier of every such stables; coach houses; warehouses, or other out offices, shall within fix days after notice given, or left in writing for that purpose at the dwelling-house, or last place of abode of such owner or occupier, by or by the order of two of the committee acting under this act, or the said former act, well and sufficiently, and in such manner as shall by the said commissioners be directed, repair and amend all such defects and wants of reparation; and in default of so doing by such owner or occupier then the said commissioners, or any five or more of them, may cause the same to be amended and repaired; and in case the costs and expences thereof shall not be paid to or to the order of the said commissioners, or any three of them, within six days after demand thereof from such owner or occupier, the said commissioners, or any three of them, may cause the same to be levied by distress and sale of the goods and chattles of such occupier or owner by warrant under the hands and seals of two justices of peace of the city or county of the city of Dublin; which warrant the said justices are hereby authorized and required upon the complaint of the said commissioners, or any three of them, to issue accordingly.
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Right to action or damages proceeded on under said act not taken away.
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XLII. Provided always and be it enacted by the authority aforesaid, that nothing in this act contained shall extend, or be construed to extend, to take away from or to deprive any person or persons of any right of action, or any right to recover damages sustained by such person or persons by any act pretended to be done under the said former recited act, for which any action hath actually been commenced and proceeded upon.
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Barristers, physicians, attorneys, surgeons, exempted from market jury in 13 and 14. G. 3. c. 22. f. 73.
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XLIII. And whereas by the said former act of the thirteenth and fourteenth years of the reign of his present Majesty provision is made for establishing a market jury, consisting of twenty four respectable citizens of the said city, part of forty eight to be returned by the sheriffs of the said city: and whereas it may prove very inconvenient to the publick, if barristers at law, physicians, attornies at law, or surgeons, shall be liable to be put upon the said jury: be it therefore enacted by the authority aforesaid, that barristers at law, physicians, practising attornies at law, and surgeons, following their business as such, shall be exempt from serving upon the said market jury, and shall not be liable to be returned by the sheriffs of the said city for that purpose.
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Sedans with fares may pass footpaths.
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XLIV. And whereas it may be very dangerous and inconvenient to many of his Majesty’s subjects, that sedan chairmen carrying fares should not be permitted to pass upon the broad or flagged foot paths on the sides of the streets of the said city: be it therefore declared and enacted by the authority aforesaid; that sedan chairs, and the chairmen carrying the same with fares, may lawfully pass and repass upon such foot paths without interruption, or being liable to any penalty or forfeiture for so doing.
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Commissioners added, with like powers,
a publick act.
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XLV. And be it enacted by the authority aforesaid, that the following persons be added to the commissioners named in the said recited act, and have the like powers they are invested with, viz. the honourable Richard Annelley, Hercules Langford Rowley, William Brabazon Ponsonby, James Ormsbie, Dixie Coddington, Robert Lindsay, Clotworthy Rowley, Nicholas Tench, Joshua Cooper, William Gore, and Richard Underwood, esquires; James Dennis, John Scott, James Shiel, Attiwell Wood, and Joseph Hoare, esquires, counsellors at law; Cornelius Grogan esquire, William Burton esquire, Charles Domville esquire, and the seneschal and deputy seneschal for the liberty of saint Patrick Dublin for the time being; and that this act shall be deemed a publick act, and shall be judicially taken notice of as such by all judges and justices, and other persons, without specially pleading the same.
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