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CITY OF WATERFORD ACT 1783
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CHAP. LII.
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An Act for better Regulating the Police of the City of Waterford.
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Mayor of Waterford exonerated from attending court of Conscience,
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last mayor president one year, for causes under 40s.
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with like powers as mayor bad.
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WHEREAS the Court of Conscience held before the mayor of the county of the city of Waterford, for determining causes in all small debts between party and party, under the value of ten shillings, has been of great use, and will be of still greater advantage to the inhabitants thereof, if the jurisdiction of said court be extended to the determination of causes in all small debts between party and party, under the value of forty shillings: and whereas the mayor of the said city of Waterford cannot attend the holding of the said Court of Conscience as regularly as the same might be held for the benefit of the suitors therein, by reason of his necessary attendance which he is obliged to give to the other duties of his office: 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 in all times hereafter, from and after the twenty ninth day of September in the year one thousand seven hundred and eighty four, the mayor of the said city of Waterford for the time being may, and shall be hereby exonerated from attending upon the said Court of Conscience, during the year in which he shall serve in the office of mayor of the said city, and the person who shall have served in the office of mayor of the said city for the next preceding year, shall preside in the said Court of Conscience for the space of one year next after he shall have served in the office of mayor of said city; and that the person who by virtue of this act shall preside in the said court of conscience, shall for ever hereafter have full power and authority to hear and finally determine causes in all small debts between party and party, under the value of forty shillings, and moreover shall for ever hereafter have and exercise all the powers, authorities, and jurisdictions, and have and enjoy all the pre-eminences, emoluments, and advantages during the time he shall preside therein, which the mayor of the said city hath heretofore had, exercised, or enjoyed in the said Court of Conscience, having first taken his corporal oath before the mayor of said city for the time being, or his deputy, rightly, truly, and faithfully to execute all and singular the things which belong to the office of president of the said Court of Conscience.
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And it sick, appoint, as deputy, an alderman who has served as mayor,
who shall have like powers, &c.
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II. And be it further enacted by the authority aforesaid, That if it shall happen that said president for the time being is sick or indisposed, so that he cannot attend the necessary bussiness of said office, that then, and so often, it shall and may be lawful for the said president for the time being, to make and appoint one other of the aldermen, who hath heretofore served the office of mayor of the said city, to be deputy of said president for the time being, to be continued in said office during the absence or sickness of said president for the time being, which said alderman so to be deputed, may have and exercise all the powers, authorities and jurisdictions, and have and enjoy all the pre-eminences, emoluments, and advantages during the absence or sickness of said president for the time being, which the said president exercised or enjoyed in the said court of conscience, having first taken such oath as aforesaid.
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On president’s death, an alderman appointed, by mayor and council.
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III. And be it further enacted by the authority aforesaid, That in case of any occasional vacancy happening within the year, by the death of the person presiding in the said Court of Conscience, that such vacancy shall be filled up by the mayor and common council of said city, by appointing one other of the aldermen of said city, who hath heretofore served the office of mayor of said city, in the room of such president who shall have died as aforesaid.
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Process returnable in 14 days against body or goods for sums degreed,
executed by high constable.
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IV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said president for the time being, or his sufficient deputy, to issue process from time to time in the nature of an execution or executions, returnable in fourteen days from the test of such process, against the body or goods of the defendant or defendants in case of a decree against such defendant or defendants for the recovery of all such sums so decreed; which execution or executions the high constable of the said city for the time being, to whom the same may be directed, shall and is hereby required to execute accordingly.
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No cause heard unless proof on oath of summons served on defendant 24 hours before.
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V. Provided always, That no such cause shall be heard, or decree pronounced, until it shall be proved upon oath before the said president or his deputy for the time being, by some person of the age of sixteen years and upwards, that the defendant or one of his or her family, were served at their place of abode, with a summons in writing twenty four hours previous to the hearing and determining of such cause.
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Plaintiff’s oath of service not conclusive.
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VI. And provided also, That the oath or affirmation of the plaintiff in such cause, shall not alone be conclusive evidence for him or her against such defendant.
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No person confined above three months for 20s. debt,
nor above six months for debt above 20s. and under 40s.
and debt thereby discharged.
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VII. Provided always, That no person shall be longer confined by virtue of any warrant, commitment, or execution by the person who shall preside in the said Court of Conscience, under such authority or jurisdiction of the said Court of Conscience, for any debts, not exceeding in the whole twenty shillings, than three months, to be computed from the first day of such commitment; and that no person shall be longer confined by the authority aforesaid, for any debts exceeding twenty shillings, and under forty shillings, than the term of six months, to be computed as above; and that from and after the respective determinations of such confinements, the debt or debts for which such person or persons shall have been so confined, shall be totally discharged to all intents and purposes, as if such debtor or debtors had actually paid the same.
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Mayor and recorder, or recorder in mayor’s absence.
may hence civil bill exceeding 40s. and not above 10l. in debt, &c.
and not above 5l. in case, &c.
and decree, &c. as judges on circuit do, by 2 G. 1. c. 11. 8 G. 1. c. 6, & 1 G. 2. c. 14, or subsequent act, but subject, but subject as herein.
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VIII. And whereas the method of recovering small debts in a summary way by civil bill, hath been found by experience to be highly beneficial to the subject : be it therefore further enacted by the authority aforesaid, That from and after the twenty ninth day of September, in the year one thousand seven hundred and eighty four, it shall and may be lawful to and for the mayor and recorder of said city for the time being, or in the absence of the said mayor, that it shall and may be lawful to and for the recorder of said city, and that they may be hereby impowered, four times in every year, at the times herein after appointed, to hear and determine in a summary way by English bill, or paper petition, all disputes and differences between party and party arising within the liberties and jurisdictions of the said city, for any sum above forty shillings, and not exceeding ten pounds, in all actions of debt on any bond, bill, or specialty for payment of money only; and in actions on the case on any promissary note, or inland bill of exchange, or for any sum above forty shillings, and not exceeding five pounds, in all actions on the case, in asumpsit, insimul, compulasit trover, conversion, quantum meruit, and detinue, and to make and renew such decrees and dismisses with such costs, and to award and issue such execution against the goods of the party, with such powers for trying, any controverted fact, and under such fees, regulations, provisions, directions, and remedies for enforcing the appearance of parties and witnesses, and for punishing witnesses giving false testimony, and sheriffs and other officers neglecting their duty in the execution of the premisses, and in all respects to exercise such jurisdictions and powers concerning the said English bills, as the judges of assize are impowered to exercise in their respective circuits, by the act made in the second year of the reign of George the first, and as the same now stands explained, extended and amended by two acts made in the eighth year of the reign of George the first, and in the first year of the reign of George the second, or by any other subsequent act made in this kingdom; subject nevertheless, to the several provisions, restrictions, and qualifications in this present act expressed and contained.
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A court of record, and held four times a year, first week after 6th January first week after Easter, first week after 7th July, and first week after 29th September, town clerk register.
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IX. And be it further enacted by the authority aforesaid, That the court to be held for determining civil bills under this act, shall be a court of record, to be held four times in the year, that is to say in the first week after the sixth day of January, in the first week after Easter, in the first week after the seventh day of July, and in the first week after the twenty ninth day of September, and to be continued by adjournment for one week after each of the days that the same shall be held, if necessary; and that the town clerk for said city for the time being shall act as register or clerk of such civil bills, and that the said town clerk, so to be appointed as aforesaid, shall be entitled to receive such fees as the judges clerk, or register of civil bills is entitled to receive by virtue of the before mentioned acts, or any of them.
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Attornies qualified in four courts admitted.
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X. And be it further enacted by the authority aforesaid, That all persons shall be admitted to practice as attornies in the said court who are qualified to practice as such in any of his Majesty’s four courts in Dublin.
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Defendants in co. of city, must be served with process 12 days before court fits.
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XI. Provided always and be it enacted by the authority aforesaid, That when any person shall sue on any civil bill by virtue of this act within the county of the city of waterford, the defendant, or in his absence (if he be not then out of the kingdom) his wife, son, or daughter, or any other relation or servant of the age of sixteen years, and dwelling in his house, shall be served with process, by shewing the original to, and leaving a copy thereof with him, her, or them, twelve days inclusive, before the first day of each of the said fittings of the said civil bill court, at which such process shall be made returnable, so as no person shall be served with such process but such as shall at the time of the service of such process be resident within the county of said city.
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Jury impannelled at request of plaintiff or defendant.
may appeal to next judge of assize.
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XII. Provided always, That the judges or judge of the said civil bill court shall, and they are hereby required to cause a jury to be impannelled by the sheriffs of the said city, returnable immediately to try the fact upon such civil bill, at the requisition of either party, plaintiff or defendant; and if any person or persons shall think, him, her, or themselves aggrieved by the decree or dismiss of the said mayor and recorder, or of the said recorder, that it shall and may be lawful to and for such person and persons to appeal from the same to the next going judge of assize for the county of the said city next following the pronouncing such decree or dismiss, under such restrictions and regulations for stopping proceedings on such decree or dismiss, and for giving bail, or depositing the sum decreed, and for paying costs, as by the said recited acts is required on appeals to the next judge of assize, and the said judge of assize to be hereby impowered and required to hear and determine the said appeals, under such regulations, with such fees and powers, and in such and the like manner as by the said acts are limited, provided, and appointed for appeals to the next going judge of assize.
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Jurors not attending said court, fined not above £5.
and fine witnesses at discretion,
applied to widening the streets, &c.
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XIII. And whereas the court of record held for said county of said city of Waterford, before the mayor and recorder of said city, or their sufficient deputies, is of great advantage to the inhabitants of said city: and whereas great delays and inconveniencies attend the suitors of said court of record of said city of Waterford by the non-attendance of jurors and witnesses: be it therefore enacted by the authority aforesaid, That from and after the twenty ninth day of September, in the year of our Lord, one thousand seven hundred and eighty four, it shall and may be lawful for the mayor and recorder of said city, and to and for their sufficient deputies as they or any of them shall happen to preside in the said court of record, to impose a fine, not exceeding five pounds, on any juror that shall be legally summoned to attend the said court of record, and shall neglect or refuse to appear pursuant to the said summons, and for whom no sufficient excuse shall be laid before the court; and that it shall and may be lawful to and for the said mayor and recorder, and to and for their sufficient deputies as aforesaid, to impose such fine or fines as in their discretion they shall think fit, on any witness that shall be legally summoned to attend the said court of record, and shall refuse or neglect to appear pursuant to the said summons, and for whom no sufficient excuse shall be laid before the court; and that it shall and may be lawful to and for the said mayor and recorder, and to and for their sufficient deputies, as they or any of them shall happen to preside in the said court of record, to issue from and out of the said court of record process, from time to time in the nature of an execution, directed to the sheriffs of the said city, to levy the said fine off of the goods and chattles of such juror or witness who shall be so fined as aforesaid, and the same when levied, to pay over to the chamberlain of the said city, to be disposed of by the mayor and common council of the said city for the sole purpose and purposes of widening and keeping in repair the streets, lanes, and avenues of said city; and the said mayor and common council are hereby authorized and required to apply said fines for the sole purposes aforesaid, and for no other use, intent, or purpose whatsoever.
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No juror obliged to serve above three times in 1 year.
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XIV. Provided always, That no person shall be obliged to serve as a juror at said court of record more than three times in any one year; any thing herein contained to the contrary in any wise notwithstanding.
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Grand or petit juror not attending quarter sessions on summon, fined not above £5.
and witnesses at discretion,
applied as aforesaid.
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XV. And whereas many notorious offenders, charged with riots, rescues, assaults, and other breaches of the King’s peace, often escape just and speedy punishment by the irregular attendance of the persons returned by the sheriffs to serve as grand jurors and petit jurors at the courts of general quarter sessions of the peace, and the several adjournments thereof, held for the said city and county of the city of Waterford, and by the non-attendance of witnesses at said sessions; be it therefore enacted by the authority aforesaid, That from and after the twenty ninth day of September, in the year of our Lord, one thousand seven hundred and eighty four, it shall and may be lawful to and for the said justices of the peace for the said city and county of the city of Waterford, at every general quarter sessions of the peace, or at any adjournment thereof, from time to time to be held for said county, of said city of Waterford, to impose a fine, not exceeding five pounds on any grand juror or petit that shall be legally summoned to attend the said general quarter sessions of the peace, or any adjournment thereof, and shall refuse or neglect to appear pursuant to the said summons, and for whom no sufficient excuse shall be laid before the court; and that it shall and may be lawful to and for the said justices to impose such fine or fines, as in their discretion they shall think fit, on any witness that shall be legally summoned to attend the said general quarter sessions of the peace, or any adjournment thereof, and shall refuse or neglect to appear pursuant to the said summons, and for whom no sufficient excuse shall be laid before the court; and that it shall and may be lawful to and for the said justices, to issue from and out of the said court of sessions, process from time to time in the nature of an execution, directed to the sheriffs of the said city to levy the said fine or fines off the said goods and chattles of such grand juror, petit, juror or witness who shall be so fined as aforesaid, and the same when so levied, to pay over to the chamberlain of the said city, to be disposed of by the mayor and common council of the said city, for the sole purpose and purposes aforesaid; and the said mayor and common council are hereby authorized and required to apply said fines for the purposes aforesaid, and for no other use, intent, or purpose whatsoever.
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Grand juror need not attend above once a year.
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XVI. Provided always, That no person or persons shall be obliged to serve as a grand juror or grand jurors at the several quarter sessions, or adjournments thereof, for said city more than once in any one year; any thing herein contained to the contrary in any wise notwithstanding.
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Custom of proceeding by attachment confirmed.
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XVII. And whereas from time immemorial, by the established usage and custom of proceeding by attachment against the goods and chattles of defendants, in the court of record of the said city of Waterford, for the recovery of debts, dues, and demands, the goods and chattles taken under such attachments were held in custody by the water bailiff, or serjeants at mace of the said city, until the defendant entered good and sufficient special bail in the said court of record, to pay what should be adjudged to the plaintiff on the trial of the cause: and whereas the said custom of proceeding in the said court of record by attachment hath been found highly beneficial, and of the greatest utility to the merchants, traders, and inhabitants of the said city of Waterford, and hath tended to the establishment of publick credit in that city: be it therefore enacted by the authority aforesaid, That the said custom of proceeding in the said court of record by attachment, be hereby confirmed and established.
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Hackney coaches, &c. licensed for 21 years at sessions,
for licence on four wheeled carriage, 5s.
2 wheeled, 2s. 6d.
sedan, 2s 6d.
car, &c. 2s. 6d.
plying with out such licence, penalty on 4 wheeled, 5l.
2 wheeled, 3l.
sedan. 3l. car, & 1l.
and have mark of distinction with numbers as by justices appointed,
not having such mark,
or defacing or changing &c.
forfeit sum at discretion of justices at sessions.
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XVIII. And whereas several persons have for some years past kept hackney coaches, post chaises, chairs drawn by horse or horses, sedans, ears, drays, and carts, to ply for hire within the said city of Waterford, or the suburbs thereof: and whereas the regulating the rates and fares of the said hackney coaches, post chaises, chairs, sedans, cars, drays, and carts, and of the drivers and carriers of the same within the said city and suburbs thereof, will prevent many impositions being made on the inhabitants of said city and suburbs: be it therefore further enacted by the authority aforesaid, That from and after the twenty ninth day of September, one thousand seven hundred and eighty four, the justices of the peace for the said city, at their general quarter sessions of the peace, or at any adjournment thereof, shall and may be authorized and required to licence for the term of twenty one years, all such person or persons as shall keep, drive, or carry any of said hackney coaches, post chaises, chairs, sedans, cars, drays, or carts, plying for hire within the said city of Waterford, or the suburbs thereof, and from time to time to limit the number of such hackney coaches, post chaises, chairs, and sedans, as the said justices shall think proper; and that for every licence for such carriages drawn by horses, or sedans, shall be paid the following sums, to the said justices by way of fine; that is to say, the sum of five shillings English, for each and every four wheel carriage drawn by horse or horses, the sum of two shillings and six pence English for each and every two wheeled carriage drawn by horse or horses, the sum of two shillings and six pence English for each and every sedan; and the sum of one shilling and six pence English for each and every car, dray, or cart; and that such respective sums shall be paid to such justices before such licence Shall be delivered to the person or persons applying for the same; and that no person shall keep, drive, carry, or let to hire, any hackney coach, post chaise, chair, drawn by horse or horses, sedans, cars, drays or carts, to ply within the said city or suburbs thereof, without such licence first obtained, under the several penalty and penalties following, that is to say, the sum of five pounds for each and every such four wheel carriage drawn by horse or horses; the sum of three pounds for each and every two wheel chaise or chair drawn by horse or horses; the sum of three pounds for each and every sedan; and the sum of twenty shillings for each and every car, dray, or cart, which shall ply without such licence; and that every such hackney coach, post chaise, chair, sedan, cars, drays, and carts, so to be licensed, shall have a mark of distinction, by a figure on a large brass plate, with the number in large figures, and that the said mark shall be placed on one side of every such hackney coach, post chaise, chair, sedan, cars, drays, and carts, in such manner as the said justices shall think proper; and that every driver, chairman, or carrier of any such hackney coach, post chaise, chair, or sedan, plying for hire as aforesaid, who shall drive or carry without such mark of distinction or figure, any hackney coach, post chaise, chair, sedan, cars, drays, and carts aforesaid; or if any person shall blot out, deface, or change the mark or figure appointed for such hackney coach, post chaise, chair, sedan, cars, drays, or carts, every person so offending, for every such offence, shall forfeit such sum or sums as the said justices at their said sessions shall in their discretion think proper.
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So as not above 40s. for four wheels or sedans.
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XIX. Provided always, That such penalty or forfeiture for each and every such last mentioned offence, to be imposed on the driver or drivers of such four wheel carriages, chaises, or chairs, drawn by horse or horses, or on the carrier or carriers of sedan or sedans, shall not exceed the sum of forty shillings.
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For cars, &c. 20s.
applied to purposes aforesaid.
recovered before mayor,
levied by distress and sale if not paid in 21 days,
if no distress imprisoned not exceeding 2 months.
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XX. And provided also, That the penalty or forfeiture for such last mentioned offence, to be imposed on the driver or drivers of such cars, drays, or carts, shall not exceed the sum of twenty shillings; the said several last mentioned penalties to be paid over to the chamberlain of the said city, to be disposed of by the mayor and the common council of the said city, for the sole purpose and purposes aforesaid; and the said mayor and common council are hereby authorized and required to apply said fines for the purpose and purposes aforesaid, and for no other use, intent, or purpose whatsoever; and that the said several penalties may be recovered before the mayor of the said city for the time being, or his sufficient deputy, in a summary way, on proof being made before him on oath after one summons to the party offending, and may be levied by distress and sale of the offenders goods and chattles, by warrant under the hand and seal of the said mayor of the said city for the time being, or his sufficient deputy, unless such penalty be paid within twenty one days after such distress be taken; and that the overplus (if any be) all charges being deducted;, be paid to the owner; and that in case no sufficient distress can or may be had, to answer the said penalties respectively, the person or persons so offending shall, by warrant under the hand and seal of the said mayor of the said city for the time being, or his sufficient deputy, be sent to the common gaol of the said city, there to be kept and confined for any time not exceeding two months.
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Rates and distances adjusted at sessions.
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XXI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said justices at their general quarter sessions of the peace, or at any adjournment thereof, to settle and adjust the several taxes, rates, and prices to be paid to the respective drivers of the said hackney coaches, post chaises, chairs, cars, drays, and carts, and the carriers of the said sedans, by the day or hour, or by the setting down to or from any part or parts within the said city, or within the suburbs thereof; and to adjudge the several distances within the said city and suburbs thereof, for which the said rates, fares, and prices shall be paid.
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On exacting more than so adjusted.
or insolence &c. by coachman, chairman &c. owner, forfeit not exceeding £10.
by driver of car, &c. 203.
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XXII. And be it further enacted by the authority aforesaid, That from and after the time the said fares, rates, and prices shall be so limited and adjusted as aforesaid, no coachman, post chaiseman, driver or carrier of any such hackney coach, post chaise, chair, sedan, cars, drays, or carts in or about the said city or suburbs thereof, shall take by the day, hour, or set down above the rates, fares, and prices so to be limited as aforesaid; and that if any coachman, post chaiseman, driver, chairman, or carrier, shall exact more for his fare than according to the several rates so to be limited, or behave with insolence to his fare, or leave his fare without permission, the owner of such hackney coach, post chaise, chair, or sedan, shall for every such offence of such coachman, post chaiseman, driver, chairman, or carrier of such sedan, on proof being made before said mayor on oath, after one summons to the party offending, forfeit any sum not exceeding the sum of ten pounds, and for every such offence of the driver of such car, dray or cart, shall forfeit any sum not exceeding twenty shillings, the same to be levied and applied in manner as is herein before last directed.
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Refusing to pay fare, &c.
mayor to award satisfaction,
levied on refusal to pay by distress and sale.
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XXIII. And be it further enacted by the authority aforesaid, That if any person or persons shall refuse to pay any coachman, post chaiseman, driver, or carrier, the money justly due to him for his said fare, or shall wilfully break or deface any such hackney coach, post chaise, chair, sedan, cars, drays, or carts, it shall and may be lawful to and for the said mayor of said city, for the time being, or his sufficient deputy, upon complaint made and after one summons directed by him to the party or parties complained against, finally to hear and determine the matter complained, and upon proof made thereof upon oath by one or more credible witness or witnesses, or by the confession of the party to award reasonable satisfaction to the party aggrieved for his damages and costs, to be levied upon refusal to make such satisfaction, by warrant under the hand and seal of the said mayor of the said city, tor the time being, or his sufficient deputy, by distress and sale of the offenders goods and chattles, rendering the overplus (if any be) to the owners.
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Riding on car, &c. without a guide.
seized on view, and brought before mayor or justice,
and on conviction forfeit 45s.
applied as aforesaid,
imprisoned 3 weeks if not paid in 24 hours.
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XXIV. And be it further enacted by the authority aforesaid, That if any person driving any car, dray, or cart through any of the streets, highways, passages, or lanes in the said city of Waterford, or the liberties thereof, shall ride upon such car, dray, or cart not having some person on foot to guide the same, or shall drive or lead the same in such manner as to endanger the lives or limbs of the passengers, it shall and may be lawful to and for any person or persons on view of any driver or drivers, leader or leaders of any car or cars, drays or carts offending herein, to seize upon such driver, car, dray and cart before the mayor, or any other justice of the peace of the said city, and that every such offender being thereof convicted before the said mayor or other justice of the peace of the said city, on the view before the said mayor or other justices of the peace, or by the confession of the party, or the oath of one or more credible witness or witnesses, shall for every such offence forfeit any sum, not exceeding the sum of twenty shillings, to be levied by distress and sale of the said car, dray, or cart, if belonging to the offender, or of any other goods belonging to him, by warrant under the hand and seal of the said mayor or other justice, which they are hereby requited respectively to grant; and the said sum when so levied, to pay over to the chamberlain of the said city, and to be disposed of by the said mayor and council of the said city, for the sole purpose and purposes aforesaid, and the said mayor and common council are hereby authorized and required to apply said fines for the purposes aforesaid, and for no other use, intent or purpose whatsoever, or the person so offending shall be sent to the gaol of the said city, there to be confined for any time not exceeding three Weeks, if the person so offending shall not have paid the said fine within twenty four hours after he is arrested for said offence.
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Commissioners appointed for the streets,
to meet at Waterford at time 5 commissioners shall appoint.
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XXV. And whereas many of the streets, lanes and passages of the said city of Waterford, and the suburbs thereof; are too narrow, by means whereof the health of the inhabitants is greatly injured, and the trade of the said city is greatly obstructed; be it therefore enacted by the authority aforesaid, That the mayor, recorder, aldermen, sheriffs, and common council men, or assistants of the said city and their successors respectively, together with the governor or governors of the county of the said city, for the time being, and his or their successors, the bishop of the diocese of Waterford, for the time being, and his successors, the representatives in parliament for the county and county of the said city for the time being, the dean of said city for the time being, and his successors, shall and may be hereby appointed commissioners for the making wide and convenient streets, ways, and passages in the said city of Waterford and the suburbs thereof; and that it shall and may be lawful to and for the said commissioners, or the survivors or successors of them, or any five of them, to meet at such times and places in the said city of Waterford as the said commissioners, or the survivors or successors of them, or any five of them shall appoint or think proper.
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All powers in 31 G. 2 c. 19.
33 G. 2. c. 35.
vested in said commissioners,
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XXVI. And be it further enacted by the authority aforesaid, That all the powers vested by an act made in the thirty first year of the reign of George the second, entitled, An act for making a wide and convenient way, street and passage from Essex-bridge to the Castle of Dublin, and for other purposes therein mentioned, together with the amendments of the same made by an act passed in the thirty third year of the reign of King George the second, together with the several additional powers therein given, shall and may be hereby vested in the herein before commissioners, or any five or more of them, and that all and singular the clauses contained therein respectively, except that clause wherein certain commissioners in the said act of the thirty first of George the second named are appointed, shall be in as full force with respect to the said streets, lanes, and passages, and the lands, grounds, houses, and tenements in the said city of Waterford, and suburbs thereof, as the same are given and granted by the said two last mentioned acts of parliament to the commissioners therein named, or to be by the authority therein given, elected, or appointed with respect to the streets, lanes, and passages, and the lands, ground, houses and tenements in the city of Dublin.
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Not to lay out, widen, &c. any street, &c. without verdict of a jury.
who on oath to return verdict to commissioners, if necessary to be made or widened,
and if necessary to commissioners to summon a jury to ascertain value as by the acts aforesaid.
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XXVII. Provided always, That the said commissioners, or any five of them hereby appointed, shall have no power or authority to lay out, design, or widen any such street, way or passage within said city or the suburbs thereof, without a jury shall by their verdict first find and present that such street, way or passage is necessary to be widened, and for that purpose the said commissioners or any five of them shall and are hereby authorized and required, when it shall appear to them that such street, lane or passage is necessary to be made or widened, to issue a precept under their hands and seals to the sheriffs of the said city, returnable in two days after the date thereof, who shall impannel and return to such commissioners a jury, not less than twenty four nor more than thirty six, and that out of such persons so returned a jury of twelve persons shall be drawn by ballot by some person or persons to be appointed by such commissioners or any five of them; which jury so drawn by ballot, shall and are hereby required to appear before the said commissioners or any five of them at such time and place as shall in such precept be appointed, and shall upon their oaths, which the said commissioners or any five of them are hereby authorized and empowered to administer to such jury, try and enquire whether such street, lane or passage is necessary to be made or widened, and for that purpose shall have a view of such street, lane, or passage, previous to their finding or returning a verdict to the said commissioners or any five of them; and if the said jury shall find that such street lane, or passage is necessary to be made or widened, then and in such case only the said commissioners or any five of them shall summon a jury to ascertain the value of the premisses to be purchased for the purposes aforesaid, as in and by the said herein before recited acts are particularly mentioned.
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No bricks to be made within one mile of the Tholsel,
on forfeiture, and 5s. every 1000.
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XXVIII. And whereas large quantities of bricks are frequently burned within the city of Waterford, and in the neighbourhood thereof, by means whereof the inhabitants of the said city are grievously annoyed, and the healths of many weakly persons have been greatly hurted; for remedy whereof, be it enacted by the authority aforesaid, That from and after the twenty ninth day of September, one thousand seven hundred and eighty four, no person shall make or cause to be made, burn or cause to be burned any bricks within the distance of one statute mile from the Tholsel of the said city of Waterford, on pain of forfeiting the bricks, and five shillings for every thousand bricks made or burned within the aforesaid limits.
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Two justices on summons, and oath shall convict,
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XXIX. And be it enacted by the authority aforesaid, That upon complaint made before two or more justices of said city of Waterford, such justices are hereby authorized and required to summon the person or persons so complained of before them, and upon appearance or default of the person or persons so complained of, and due proof of such offence by the oath of one or more credible witness or witnesses to convict such offender or offenders, and to order by warrant under their hands and seals, the bricks to be sold by public auction, and the said penalty of five shillings by the thousand to be levied by distress and sale of the offenders goads.
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the bricks sold by auction.
One moiety to first informer,
the other to uses aforesaid
if no distress imprisoned not exceeding 2 months,
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XXX. And be it enacted by the authority aforesaid, That one moiety of said penalty and of the produce of the bricks shall, after deducting the necessary expences attending the sale of the bricks and levying the penalty, be paid to the first informer, the other moiety to the chamberlaine of the said city, to be disposed of by the common council of the said city for the sole purpose and purposes aforesaid, and for no other use, intent, or purpose whatsoever; and for want of sufficient distress, such justices are hereby authorized and required to commit the person or persons so offending to the common gaol of the said city, there to remain without bail or mainprize for any term not exceeding two months.
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Watchmen appointed at vestry in each parish,
who may apprehend in night time on affray or breach of peace,
and detain prisoners,
and on morning after convey before mayor or justice.
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XXXI. And whereas many idle and disorderly persons infest the streets, lanes, and quays of the said city of Waterford, and the suburbs thereof in the night time, to the great annoyance of the inhabitants, whereby, a parish watch is become necessary to be established in the said city and the suburbs thereof; and for the good government thereof, and for the peace and safety of the inhabitants; be it therefore enacted by the authority aforesaid, That it shall and may be lawful from and after the twenty fourth day of June, one thousand seven hundred and eighty four, to and for the minister, church wardens, and parishioners of the several and respective: parishes in the said city of Waterford and the suburbs thereof, at their respective vestries to be hold from time to time on every first day of July, (if Sunday the day after) and by adjournment from day to day (Sunday excepted) in each year as from, time to time shall seem meet and expedient, notice of the holding of such vestries being, first given by the minister, of each parish: six days previous to the holding the same, and which said vestries the ministers of said several parishes are hereby authorized and required to call, to appoint a sufficient number of able watchmen to keep watch in each of the said respective parishes in the said city and the suburbs thereof, and to appoint the times of watch in said parishes respectively, and to appoint proper salaries and wages for such watchmen, and to appoint proper watch houses in each of the said parishes respectively, and to appoint necessary fire and candle light, and other necessary articles for such watch houses, and watch cloaks, lanthorns and staves or pikes, for such watchmen, and to appoint annual overseers of, such watches to see that the same are duly kept, and to appoint others in the room of such of them as shall misbehave themselves; and that it shall and may be lawful to and for the said watchmen or any of them to apprehend all such idle and disorderly person and persons as they or any of them shall find in the night time making any affray or committing any breach of his Majesty’s peace in the said city of Waterford, or the suburbs thereof, or any part thereof, at late and unseasonable hours of the night; and such person or persons so apprehended, to detain prisoners in the respective watch-houses of the said parishes, and such watchman or watchmen shall, on the morning after the apprehending of such idle and disorderly or strolling person or persons, carry or convey such idle, disorderly, or strolling person or persons before the mayor of said city, or some other of his Majesty’s justices of the peace of the said city, to be examined and dealt with accord to law.
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Rent of watch-houses, &c. charged at vestry on inhabitants by poundage, as valued hereinafter.
recovered by church-wardens as parish rates.
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XXXII. And be it further enacted by the authority aforesaid, That the rent of such watch-houses, and the expences of such fire, candles, watch-cloaks, lanthorns, staves, and pikes, or other necessary articles aforesaid, and all the expences, costs, and charges that shall attend the appointment and continuing a proper watch in each of the said parishes, shall by the said minister, church-wardens, and parishioners of the said several and respective parishes in the said city, and the liberties thereof, at the respective vestries to be held for said parishes as aforesaid, be charged upon and be paid by the respective inhabitants of each of the said parishes, in the said city and liberties thereof, by a proportionable poundage according to the rate at which the several lands, dwelling-houses, out-houses, offices, cellars, stables, and yards in each of the said parishes are to be valued pursuant to this act, as herein after mentioned, and the church-wardens of the said several parishes shall receive and recover from the inhabitants of said parishes, the money so to be appointed by the said vestries in the same manner, and by such remedies, distress or distresses, as parish rates appointed by the vestries of the said respective parishes to be raised and paid, are allowed by law to be recovered.
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Houses under 3l. a year, exempted.
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XXXIII. Provided always, and be it enacted by the authority aforesaid, That no inhabitant of any of said parishes in said city or suburbs thereof, shall be charged or pay any part of the expences, costs, or charges towards establishing a parish watch, or for erecting lamps as herein after is mentioned in said city or the suburbs thereof, whose house or cabbin in said city or suburbs thereof, is or shall be under the yearly value of three pounds; any thing in this act contained to the contrary thereof any wise notwithstanding.
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Persons exempted, not to vote at vestry.
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XXXIV. Provided also, That no person or persons shall have a right of voting at such vestry or vestries who are or shall be exempted or excluded from the payment of the expences, costs, and charges by the provision in this act last mentioned.
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Three or more valuators appointed at vestry,
to estimate and make return thereof by 1st August yearly, to ministers, with affidavit,
and if no vestry or valuation, 3 or more inhabitants nominated at sessions to value,
which returned with affidavit to minister by 1st September yearly.
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XXXV. And be it further enacted by the authority aforesaid, That the said several ministers, church-wardens, and parishioners (not excluded to vote as aforesaid) of the said respective parishes at the said vestries to be called at the time or times aforesaid, or at some such adjournment thereof as aforesaid, shall nominate and appoint three or more discreet judicious persons, inhabitants of such parish to be valuators, to value and estimate the yearly value of the several lands, dwelling houses, out-houses, offices, cellars, stables, and yards within the said city, or suburbs thereof, together with such new houses, out-houses, and premisses, as shall be from time to time hereafter built, erected, or established within the said city of Waterford, or the suburbs thereof, which valuation the said valuators so appointed as aforesaid, or the major part of them, shall on or before the first day of August in every year, return in writing, under their hands, setting forth the several houses, out-houses, and premisses, as aforesaid, as separately, and distinctly, and conveniently as may be, and the names of the several occupiers thereof, and the true yearly value of the same, to the ministers of the said respective parishes, and shall at the foot of such return, make an affidavit, or if of the people called Quakers, a folemn affirmation in writing before such minister; which said minister is hereby impowered and required to administer, that the same is a just, fair, full, and impartial valuation, to the best of their skill and judgment; and in case that no such vestry shall assemble, or having assembled, shall omit to name and appoint such valuators, or if the valuators so appointed shall refuse, neglect, or omit to make such valuation, return, and affidavit as aforesaid, before the first day of August in each year, that in every such case the justices of the peace for said city at their sessions, or at an adjournment thereof, shall nominate and appoint three or more skilful inhabitants of such parishes to value and estimate such houses, out-houses, and premisses in such parish as aforesaid, and to make and return such valuation as aforesaid; which valuation, the persons so to be appointed, or the major part of them, by the justices aforesaid, shall make and return with such affidavit as aforesaid, at the foot thereof, to the ministers of the respective parishes aforesaid, at or before the first day of September in every year.
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Valuator refusing, or not executing to best of skill, forfeit 10l.
not making return aforesaid, and affidavit 20l. each,
applied as aforesaid.
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XXXVI. And be it further enacted by the authority aforesaid, That in case any person or persons who shall be nominated and appointed to be a valuator or valuators in any of the said parishes in pursuance of this act, whether he or they shall be so nominated by the said respective vestries, or by the justices aforesaid, shall refuse to take upon him or themselves the said office, or shall omit or neglect to execute the same to best of his ability, skill and knowledge, that every person so offending, shall forfeit the sum of ten pounds; and that in case the persons who shall be nominated and appointed valuators of any of the aforesaid parishes, or the major part of them, shall omit or neglect to make such return and affidavit or affirmation as aforesaid, at or before the first day of August, or first day of September in each year, (as the case requires) that then and in such case, every of the valuators of such parish so offending, shall forfeit the sum of twenty pounds, to be recovered and disposed of as herein after directed.
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Minister to lodge said return with town clerk,
notice given on the next Sunday,
and access thereto for 15 days,
may appeal to sessions,
who may impannel a jury, and after verdict may alter or correct such valuations,
if confirmed, ed. 20s. on appellant,
valuation finally settled at session,
registered at vestries.
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XXXVII. And be it further enacted by the authority aforesaid, That after such valuation and affidavit as aforesaid, shall be made and returned to the ministers of the said respective parishes, they shall forthwith lodge the same in the hands of the town clerk of the said city of Waterford, and cause notice thereof to be given to the parishioners on the next Sunday, in the usual manner, at or after divine service in their respective parish churches, and that for fifteen days after such notice as aforesaid, every person shall and may have access to such valuation in the hands of the said town clerk; and if any person or persons shall think him or themselves aggrieved by such valuation, he and they may within the said fifteen days lodge their appeal and complaint to the justices for the said city of Waterford, in their sessions, who shall at their next sessions, consider of the merits of such several appeals, and at their discretion may, if they think fit, order the sheriffs at such sessions to impannel and return a jury for a trial of any matters of fact, and after a verdict, or otherwise, shall and may alter and correct such valuations in the points complained of, or confirm the same, and dismise such respective appeals, and shall award twenty shillings by way of penalty against every appellant, whose appeal they shall dismiss, to be levied and applied in such manner as herein after mentioned; and such valuations as shall be finally, settled and agreed upon by the said sessions in case of any appeal, and in case of no appeal, such valuations as shall be returned by the valuators to be appointed in pursuance of this act, after fifteen days from notice being given to the parishioners as aforesaid, shall be final and conclusive to the respective owners and proprietors of the respective houses, out-houses and premisses aforesaid, as to all purpuses of this act, and the respective valuations of the said several parishes after the same are established as aforesaid, shall be transcribed and registered at the expences of the respective parishes, in a book of registery to be kept in the vestries of the several parishes aforesaid, among the records thereof, in which book one or more blank leaves shall be left between the registery of the valuations of the several parishes for the purpose of making entries therein of the future valuation of new buildings as aforesaid.
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For rent of watch-houses. &c. not above 15. in the pound assessed.
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XXXVIII. Provided always, That for the rent of such watch-houses, and for the nccessary articles aforesaid, and the expences of erecting lamps in said city as herein after mentioned, there shall not be collected above the sum of one shilling in the pound of the yearly value of such lands, houses, and premises so to be valued as aforesaid.
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No second valuation.
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XXXIX. And provided also, That no lands, houses, or premisses aforesaid, which shall be valued pursuant to this act, shall ever be again valued for the purposes aforesaid.
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Vestries every first July,
to ascertain numbers and kind of lamps, &c.
and to contract for erecting, lighting, &c. said lamps,
and order contractor to collect the money ascertained as aforesaid,
half yeary,
and if not paid in 8 days after demand, may enter by day and distrain and fell,
if no distress, or if prevented from distraining tenant, &c. summoned before mayor, and on refusal to pay,
who may issue warrant to constables to levy.
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XL. And whereas the several acts of Parliament now in force in this kingdom, for enlightening cities and towns, have been found ineffectual with respect to the city of Waterford: be it therefore enacted by the authority aforesaid, That from and after the twenty fourth day of June, one thousand seven hundred and eighty four, the ministers, church-wardens and parishioners of the several parishes of the city of Waterford, shall assemble and meet at a vestry to be held from time to time, on every first day of July (if Sunday on the day after) and by adjournment from day to day (Sundays excepted) in each year, as shall from time to time seem meet and expedient; which vestries the ministers of every parish within the said city of Waterford, and suburbs thereof, are hereby required then to call, and shall then and there ascertain and six on the number and kind of lamps necessary for their said respective parishes within the said city and suburbs thereof, and the places where the same shall be erected, and the manner of erecting the same, and the time when, and how long the said lamps shall be and continue lighted, and the manner of lighting, cleanling, trimming, snuffing, maintaining and repairing the same, together with the amount of the sums of money to be expended in the erecting, lighting, cleansing, trimming, snuffing, maintaining and repairing each of the said lamps; and that it shall and may be lawful to and for the said several ministers, church-wardens, and parishioners, or the greater part of them so assembled in their several and respective parishes, then and there, from time to time to agree with and appoint any person or persons to be lamp contractor or contractors for erecting, lighting, cleansing, trimming, snuffing, repairing and maintaining lamps in their said several and respective parishes in the said city and the suburbs thereof, for one year, or for any number of years not exceeding three years; and the person or persons so appointed, shall, before he or they shall enter upon the execution of the said office, give security by bond, conditioned in such sum as to the mayor of the said city shall seem reasonable, and payable to the said mayor and his successors, with two sufficient securities for the due and faithful execution of his or their office or offices; and that it shall and may be lawful to and for the said several ministers and church-wardens and parishioners, or the greater part of them so assembled, in their several parishes in said city and the suburbs thereof, to constitute, nominate and appoint, by order or orders under their hands and seals, or the hands and seals of the majority of them, such lamp contractor or contractors, to collect and receive the money which shall be so ascertained by the said several and respective ministers, church-wardens and parishioners, or the majority of them, for the erecting, lighting, cleansing, trimming, snuffing, maintaining, and repairing the said lamps yearly within the said several and respective parishes in said city and the suburbs thereof; and that the said lamp contractor or contractors shall collect and receive the same half yearly from the several tenants or occupiers; or in case of neither tenant or occupier, from the owners of the several and respective lands, dwelling-houses, out-houses, offices, cellars, stables, and yards in the said city of Waterford, and the suburbs thereof, by a proportionable poundage, according to the rate at which the said several lands, dwelling-houses, out-houses, offices, cellars, stables, and yards in each of the said parishes in said city of Waterford, are to be valued in pursuance of this act as herein before mentioned; and in case of non-payment for eight days after demand made by the said lamp contractor or contractors, from the tenants, occupiers, or owners, as the case shall be, of the said several and respective lands, dwelling-houses and premisses, for the payment of their respective proportions of the said lampmoney, according to the valuation and valuations aforesaid, that then it shall and may be lawful to and for the said lamp contractor or contractors, or of any of them, or for the bailiff of them, or any of them, appointed for that purpose, under the hand and seal of such lamp contractor or contractors, (if more than one) to enter in the day-time into and upon the said several lands, dwelling-houses, and premisses respectively, and to distrain any goods or chattels which may be found upon the same for the proportion of the said lamp money so charged on them respectively; and the distress and distresses so taken (if not redeemed within eight days from the day of distraining, with the payment of one shilling English for the trouble of such distraining) to sell by publick auction for the payment of the said lamp money, for which such distress or distresses shall be so taken, together with one English shilling for the trouble of such distraining, rendering the overplus (if any shall be) to the owner or owners of such distress or distresses; and in case no sufficient distress can or may be had, or found, or in case the premisses liable to be distrained shall be kept locked, or fastened, so as the said lamp contractors, or any of them, or the bailiff of them, or any of them, shall be prevented from entering and distraining for the said lamp money, that then it shall and may be lawful to and for the said lamp contractor or contractors to summon the tenant or occupier of the premisses; or in case of neither tenant or occupier, then the owner of said premisses so locked or fastened up to appear before the mayor of the said city for the time being, for the payment of the lamp money so charged on the said premisses so guarded, locked, or fastened up; and in case of non-payment by the party so summoned, and proof made by oath or affidavit before the said mayor, of such parties having been summoned, which oath or affidavit the said mayor is hereby authorized to administer and take, or in case of the appearance of such party, and refusal to pay the lamp money so due on the premisses so locked or fastened up, to which such party shall be tenant, occupier, or owner, together with four pence for the costs of such summons, that then it shall and may be lawful to and for the said mayor who granted the said summons, to issue a warrant under his hand and seal, in the nature of an execution, directed to the constables of the county of the said city, or to any one of them, to levy of the goods and chattels of the party so summoned, his, or her proportion of the said lamp money, together with the sum of ten pence for the cost of such summons and warrant, and the further sum of one English shilling for the canstable’s trouble for levying the said lamp money; and the said lamp money so levied shall be paid immediately on the levying thereof to the said lamp contractor or contrators by the constable who shall levy the same, together with the said sum of ten pence, the cost of the said summons and warrant, and the said lamp contractor or contractors shall pay over the said sum of ten pence to the said mayor that shall have issued the said summons and warrant.
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Neithor watch or lamp money paid, if not within 100 feet of house, &c.
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XLI. Provided always, That no tenant, occupier, or owner, of any of the said several lands, dwelling-houses, or premisses respectively shall be liable to, or shall pay any part of the said watch or lamp money whose said lands, and dwelling-house or dwelling-houses, or premisses respectively shall not be within one hundred feet distance of some one of the watch-houses or lamps to be erected as aforesaid, any thing in this act contained to the contrary thereof in any wise notwithstanding.
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Contractors removed summarily by mayor on misbehaviour,
others appointed in 6 days,
with like powers as former,
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XLII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said mayor of said city for the time being, as often as any person or persons with whom the said several ministers, church-wardens and parishioners in their respective vestries shall agree and appoint to erect, light, snuff, cleanse, trim, maintain, and repair the said lamps, shall be guilty of any neglect or misbehaviour in the execution of his or their office or offices, upon proof thereof in a summary way before the said mayor of the said city, for the time being, by the oath of one or more witness or witnesses, (which oath the said mayor is hereby authorized to administer) or by consession of the party to remove him or them from his or their respective offices, and that it shall and may be lawful to and for the minister, church-wardens, and parishioners of such parish from whence such contractor or contractors shall be removed, to assemble and meet within six days after such removal, (notice of such meeting to be given the Sunday before by the said minister) and in his or their stead from time to time to appoint any other person or persons lamp contractor or contractors to erect, light, snuff, cleanse, trim, maintain, and repair the said lamps for one year, or any number of years, not exceeding three years, taking from him or them such security as aforesaid; and such person or persons so agreed with and appointed as aforesaid, may and shall have and receive the several sums of money made or to be made payable as lamp money as aforesaid, with the like several powers of distraining, receiving and recovering the same which are herein before mentioned, and that the said several ministers, church-wardens and parishioners, or the greater part of them so assembled in their several and respective vestries as aforesaid, shall have the like power of appointing such person or persons to collect and receive as aforesaid, and of substituting others in the stead and place of such person or persons to be removed for neglect or misbehaviour as aforesaid.
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Contractors for neglect forfeit 5s.
persons breaking or damaging lamps, &c. detained till carried before mayor or justice,
penalty 5l.
or sent to house of correction,
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XLIII. And be it further enacted by the authority aforesaid, That if any person or persons whom the said ministers, churchwardens and parishioners at their several and respective vestries, shall agree with and appoint to erect, light, snuff, cleanse, trim, maintain and repair the said lamps as aforesaid, shall neglect to supply said lamps, or any of them, with a sufficient quantity of good and proper wick or oil, to continue lighting for such time as the said ministers, church-wardens and parishioners at their several and respective vestries as aforesaid, shall six on, or shall neglect to keep the glasses of the said lamps or any of them clean and entire, or shall be guilty of any other neglect, for which the mayor of said city may not think proper or sufficient, to remove such lamp contractor or lamp contractors from his or their office or offices, that then and in every such case, such person or persons so offending shall forfeit for every such neglect the sum of five shillings English, to be recovered and levied by distress and sale of such offenders goods and chattels after conviction in a summary way before the said mayor, by the oath of one or more witness or witnesses, (which oath the said mayor is hereby authorized to administer) or by confession of the party accused, and to be applied in manner herein after directed, and that if any person or persons shall wilfully or maliciously break, throw down, or extinguish any lamp or lamps to be set up to light the streets, lanes, passages, or quays of the said city of Waterford, or the suburbs thereof, or wilfully damage the posts, irons or other furniture of the said lamps, it shall be lawful to and for any person or persons to arrest and detain such offender and offenders until he, she or they may be carried before the mayor of said city for the time being, or any other justice of peace for said city, and every person so offending and being thereof convicted in a summary way by the oath of one or more witness or witnesses, or by confession of the party accused before the mayor of said city for the time being, or such justice or justices, (which oath the said mayor or justices, are hereby authorized to administer) shall for every such offence forfeit the sum of five pounds for each lamp post, iron, or furniture thereof so broken, thrown down, extinguished or wilfully damaged, to be recovered and levied by distress and sale of the offenders goods in manner as aforesaid, and to be applied in manner herein after mentioned; and in case no goods or chattels of the persons so offending can at the time of such conviction be found, then, and in such case, it shall and may be lawful to and for the said mayor or other justice, before whom such offenders shall be convicted, to commit such offender to the house of industry in said city, there to be kept to hard labour for any time not less than one month, and not exceeding three months.
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But discharged on payment,
penalties how applied,
persons sealing, &c. whipped or fined.
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XLIV. Provided always, That if such penalty or forfeiture shall be paid before the time of such commitment be expired, that then such offender shall upon such payment be immediately discharged out of custody, and that the penalty or forfeiture of five pounds hereby imposed on such lamp contractor or lamp contractors, or any of them, and the said penalty or forfeiture of five pounds hereby imposed on any person or persons for wilfully or maliciously breaking, throwing down, or extinguishing any lamp to be erected in the said city of Waterford, or the suburbs thereof, or for wilfully damaging the posts, iron, or other furniture of the said lamps, or any of them, and the penalty and forfeiture of ten pounds hereby imposed on such valuator or valuators who shall be nominated and appointed to execute said office, and who shall omit or neglect to execute the same, and the penalty and forfeiture of twenty pounds hereby imposed on such valuator or valuators so appointed, who shall omit or neglect to make such return and affidivit as aforesaid, shall be paid and applied in the manner following, that is to say, one moiety to the person or persons who shall discover and prosecute such offender or offenders to conviction, and the other moiety thereof to pay over to the chamberlain of the said city, to be disposed of by the mayor and common council of the said city for the purposes aforesaid, and the said mayor and common council are hereby authorized and required to apply said fines for the sole purposes aforesaid, and for no other use, intent, or purpose whatsoever, first deducting the expences of repairing such post, iron, or other furniture; and that if any person or persons shall steal or forcibly carry away any of the said lamps, iron posts, or furniture thereof, such person or persons being lawfully convicted thereof upon indictment, by the verdict of a jury, shall be publickly whipped or sined at the discretion of the judge who shall pass judgment on such offenders.
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On neglect of parishes, powers herein vested in mayor and council for that year.
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XLV. And be it further enacted by the authority aforesaid, That if any of the said parishes shall neglect to carry the provisions herein before mentioned for the purpose of establishing a watch, and erecting lamps in the said city as aforesaid, effectually into execution on or before the first day of October in every year, then, and in such case, the said mayor and common council respetively of the said city, or the greater part of them, shall for that year only, to be computed from the first day of September preceding, be invested with all and singular the powers hereby vested in the minister, church-wardens, and parishioners of the said respective parishes, and the parish so neglecting to execute the same, for the purpose of erecting, lighting, and trimming lamps in such parish.
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Ministers: to call vestries as herein,
on penalty of 10l.
by civil bill.
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XLVI. And be it further enacted by the authority aforesaid, That the several ministers of the several and respective parishes in said city shall and may be hereby impowered and required to call and assemble a vestry or vestries at the time and times, and for the purposes herein before mentioned, for establishing said watch, and erecting of lamps in said city as aforesaid; and that if any of the said ministers shall refuse or neglect to call such vestry or vestries of their respective parishes, at the time or times and for the purposes herein before mentioned, that such minister or ministers so refusing or neglecting shall forfeit the sum of ten pounds for every time he shall so refuse or neglect to call or assemble the same, pursuant to this act; such penalty or forfeiture to be recovered by the person or persons who shall sue for the same by civil bill before the next going judge of assize for the county of said city, or before the said mayor and recorder, to be applied in manner herein before last mentioned.
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No challenge to juror for want of freehold if worth 50l.
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XLVII. And whereas it has been found that a sufficient number of freeholders cannot be casily had in the said city, qualified to act as jurors at the general assizes and court of record of the said city in causes or issues depending between party and party, whereby the trials of said causes or issues in the said respective courts are much retarded, to the great loss and delay of the parties concerned: and whereas there are a number of wealthy citizens in the said city who have not freeholds: be it therefore enacted by the authority aforesaid, That from henceforth the want of freehold shall not be a legal or sufficient objection or challenge to any person summoned to be a juror in the said respective courts, but that any person, possessed of or worth the sum of fifty pounds sterling, over and above all his just debts, shall be qualified to be impannelled and sworn as a juror in the said respective courts, as if such person had a sufficient freehold.
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Bakers, Weekly returns by corn factors and bakers,
on neglect forfeit 10s. per barrel.
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XLVII. And whereas the laws for regulating the price and assize of bread, and for better regulating the markets and bakers, have been found by experience to be very useful, and great frauds and abuses are daily committed in the markets of the said city of Waterford, for the want of such laws: be it therefore enacted by the authority aforesaid, That from and after the twenty fourth day of June, one thousand seven hundred and eighty four, all and every merchant and merchants, corn factor or corn factors, selling to any publick baker or bakers any wheat or meal, or flour made of wheat within the said city of Waterford, or the liberties thereof, or any baker or bakers buying or selling not less than one barrel of wheat, or one hundred weight of meal, or flour made of wheat within the said city, or liberties thereof, shall once every week make a return in writing to the mayor of said city for the time being, which return shall be on oath, (which oath the said mayor is hereby impowered and required to administer) and shall contain the true quantities of all such wheat, and the weight thereof, and the weight of such meal and flour by him, her, or them bought or sold, or for their use, or in trust for them bought by any other person or persons within said city, or the liberties thereof, as also the time when, and the real prices of such wheat, meal, and flour so bought or sold, and all and every allowance, if any for the same, together with the names of the persons from whom such wheat, meal, or flour, shall be bought, and of the persons to whom the same shall be sold; which returns shall every week be duly entered in a book to be kept by the clerk of the market of the said city of Waterford, or his sufficient deputy for that purpose, in order more effectually to ascertain the middle price of wheat, for settling assize of bread weekly; and if any such merchant, factor, or baker, buying and selling as aforesaid, shall neglect or refuse to make such return, he, she, or they so neglecting or refusing, shall for every such offence forfeit the sum of ten shillings for each barrel, and so in proportion for any greater or other quantity so bought or sold, which forfeiture shall be recovered before the mayor of the said city, upon the confession of the parties, or proof thereof made on oath of one or more witness or witnesses, which oath or oaths the said mayor is hereby impowered and required to administer; and the said forfeitures shall be levied by warrant of the said mayor, by distress and sale of the offenders goods, and the said forfeitures so levied shall be paid one half to the informer, and the other half to the chamberlain of the said city, to be disposed of by the mayor and common council of the said city, for the purposes aforesaid: and the said mayor and common council are hereby authorized and required to apply said fines for the purpose aforesaid, and for no other use, intent, or purpose whatsoever.
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Respect to be had to price of corn &c. in striking assize or bread.
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XLIX. And be it further enacted by the authority aforesaid, That from and after the said twenty fourth day of June, the said mayor of said city for the time being, in striking and assertaining the assize of bread, shall be and is hereby required to have respect to the price of such wheat, meal, and hour so returned as aforesaid, as well to the price such wheat, meal, and flour, shall then bear in the several publick markets in and about the said city and liberties.
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Allowance to bakers as by 11 G. 2. c. 11.
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L. And be it further enacted by the authority aforesaid, That from and after the twenty fourth day of June, the mayor of the said city of Waterford, for the time being, or his sufficient deputy, be hereby directed and required to give the bakers in the said city and liberties thereof, an allowance of nine shillings on each quarter of wheat for houshold bread, by adding the same to the middle price of wheat, to be calculated as is directed by an act of parliament passed in the eleventh year of the reign of his late Majesty King George the second, entitled, An act for buying and selling all sorts of corn and meal, and other things therein mentioned, by weight, and for the more effectual preventing the frauds committed in the buying and selling thereof, and for regulating the price and assize of bread, and for better regulating the markets, is directed to be set according to the table therein mentioned, and to give an allowance of eight shillings only in the quarter of white and wheaten bread, to be baked in the said city of Waterford, and the liberties thereof, by adding the same to the middle price of wheat, and to be set according to the table in said act mentioned.
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Mayor and council may make further allowances.
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LI. And be it further enacted by the authority aforesaid, That the mayor and common council of the said city of Waterford, or the greater part of them, shall, as often as they think necessary, from time to time, make any further reasonable allowance to the bakers within the said city and liberties thereof, as in their discretion they shall think sit, on every quarter of wheat made and baked in the said city into household bread, in such manner as the former allowances have been usually made, so as that the same shall not exceed ten shillings the quarter.
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not to exceed 10s. per quarter. Appoint mark for bakers.
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LII. And to the intent that the good design of this act may be effectually obtained: be it enacted by the authority aforesaid, That every common baker who shall make or bake for sale, or any way expose to sale, any fort of bread whatsoever, shall from and after the twenty fourth day of June, fairly imprint or mark, or cause to be fairly imprinted or marked on every loaf so by him made, and exposed to sale, the fort and price of such loaf, or any other mark as shall be appointed by the mayor of said city for the time being, by order in writing under his hand, and that the said mayor of said city for the time being, shall have full power and authority from time to time by like order in writing, to limit, direct, and appoint how and in what manner each sort of bread shall be marked for knowing the baker, maker, price and sort thereof, and to make and set down any other reasonable rules and orders for the better regulating the mystery of making bread, and the several sorts thereof, that shall be baked by the respective bakers, and the assize price and weight thereof, and all things concerning the same, as in his judgment he shall find necessary and convenient.
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On market days a bell to ring at 11,
selling before. punished as forestanding,
rates, &c. taken every market.
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LIII. And to the end that the said markets may be regularly kept: be it further enacted by the authority aforesaid, That upon all market days a market bell shall ring at eleven of the clock in the forenoon, for the opening the market, and if any farmer or other person or persons whatsoever, shall sell or put to open sale any wheat in the said market before ringing the said bell, such offender or offenders shall and may be proceeded against as forestallers of the market, and may be punished as forestallers are to be punished by law, and that on every market day the mayor of said city for the time being, or some person by him duly authorized or appointed, shall duly attend to take the rates and prices of corn, and the quantity that shall be in the market, to the end that a new assize of bread may be weekly regulated and published.
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Streets, swept daily 8 feet in front,
on penalty of 1s.
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LIV. And be it further enacted by the authority aforesaid, That every occupier of any house, tenement, stable, or yard within the said city of Waterford, (and in respect to houses let to inmates,) every house owner shall once in every day; from the first day of May, to the first day of October, before the hour of eight, and from the first day of October, to the thirtieth day of April, before the hour of ten of the clock in the forenoon of each day, scrape, sweep, cleanse, or cause to be swept, scraped, or cleansed, eight feet in depth of the foot way, or street all along the front of their respective houses, tenements, stables, or yards, or in default thereof, shall, for every such offence, forfeit and pay the sum of one shilling, the same to be levied and applied by the mayor of said city for the time being, in such manner as any of the penalties and forfeitures hereby inflicted, are directed to be levied and applied.
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Scavenger neglecting to take dirt away.
forfeit 5s.
and any person may take away,
and person obstructing forfeit 10s.
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LV. And be it further enacted by the authority aforesaid, That in case the scavenger or scavengers of the said city or the suburbs thereof, shall not take away and remove the dirt, rubbish, or filth so daily collected in said streets or lanes in said city or suburbs thereof by the occupiers as aforesaid, to the publick yards or places which have been already appointed, or which shall hereafter be appointed by the mayor and common council of the said city, for the purposes aforesaid, within twenty four hours next after the said street or foot-way shall be swept as aforesaid, then such scavenger or scavengers shall for every such neglect forfeit the sum of five shillings, the same to be levied and applied by the mayor of the said city for the time being, in such manner as any of the penalties and forfeitures hereby inflicted, are hereby directed to be levied and applied; and in case such scavenger or scavengers shall not remove such dirt, rubbish, or filth, within the time aforesaid, that then it shall and may be lawful for any person or persons to take and carry away such dirt, filth, and rubbish as they shall find said in any street or lane within the said city or suburbs thereof, and the same to apply to their own use; and in case any person shall obstruct or hinder the taking the same, all such persons so offending, shall, upon conviction before the said mayor, by the consession of the party, or the oath of one credible witness, forfeit the sum of ten shillings, to be levied and applied by the mayor of the said city for the time being, in such manner as any of the penalties and forfeitures hereby inflicted are hereby directed to be levied and applied.
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Harbour.
Ballast dischared only where appointed by water-bailiff,
unless above high water mark,
on penalty of 10l. for vessels of 20 tons, 5l. for vessels under.
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LVI. And whereas the advancement and improvement of navigation within the harbour of the said city of Waterford, will conduce to the publick benefit of this kingdom: wherefore, and for the preventing the channel of the river Suir, within the said harbour, from being choaked or impaired, and also for the preventing disputes between masters, owners, and freighters of ships within the said harbour; be it enacted by the authority aforesaid, That from and after the first day of January, in the year one thousand seven hundred and eighty five, no ship, bark, boat, or other vessel having ballast to discharge within the harbour of the said city of Waterford, shall discharge the same, or any part thereof in the said river Suir, but in such place or places as shall be appointed by the water-bailiff of the said city, unless the same shall be discharged above high-water-mark, under the penalty or forfeiture of ten pounds for each vessel of the burthen of twenty tons or upwards, and the penalty and forfeiture of five pounds for each vessel under the burthen of twenty tons.
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Tarpaulins fixed to side to prevent falling into the river.
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LVII. And be it further enacted by the authority aforesaid, That from and after the time aforesaid, every ship, bark, boat, or other vessel taking in ballast from any lighter, or other vessel, or discharging ballast into any lighter or other vessel within the said harbour, shall nail or six a tarpaulin or sail-cloth from the gunnel or ballast-port of such vessel, to hang over the gunnel of such lighter or other vessel, so as to prevent any ballast or dirt fallling into the said river, under the penalty and forfeiture of not more than forty shillings, nor less than ten shillings for each and every such offence.
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Proper buoys kept.
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LVIII. And be it further enacted by the authority aforesaid, That from and after the time aforesaid, every ship or other vessel anchoring or mooring in the said river from the harbour’s mouth to that part of the river Suir opposite to Bilbery-rock, shall keep proper and sufficient buoys to their anchors, in order to prevent other ships from running soul or over-laying each other, and that every master, or other person who shall have charge of a ship or other vessel, who shall offend herein, shall for every such offence forfeit any sum not exceeding five pounds.
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Light ships to give way to laden.
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LIX. And whereas several laden ships may want convenient births at the several quays in the said city, where light, ships are made fast, the masters or other persons having charge of which, may refuse to give way to such laden ships to discharge: and whereas also, several ships may happen to moor or lie at anchor in the said river, so as to obstruct the free navigation therein: be it therefore enacted by the authority aforesaid, That from and after the time aforesaid, the water-bailiff may be authorized and required to give notice to any such ship or vessel so refusing to give place to any laden ship, or obstructing the free navigation of said river, to remove to some other convenient place without delay, and that the master or other person having charge of any such ship or other vessel, who shall refuse or neglect so to do, shall for every such offence forfeit any sum not exceeding forty shillings; and that the said water-bailiff may be further authorized and required upon every such refusal or neglect to remove such ship or ships, vessel or vessels, to some convenient birth near the place where such ship or ships, vessel or vessels then lay, as they shall judge most proper.
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Penalties recovered before mayor summarily, to informer.
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LX. And be it further enacted by the authority aforesaid, That the several penalties herein before mentioned, shall and may upon complaint being made before the mayor of the said city of Waterford, be recovered and levied in a summary way from the respective masters or other persons having charge of any ship or ships, vessel or vessels offending in the premisses, by distress and sale of the offenders goods and chattles, on conviction by the oath or oaths of one or more witness or witnesses, by warrant under the hand and seal of the said mayor, to be paid to the informer, or other person who shall sue for the same.
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Streets.
Encroachments or nuisances altered or removed;
on neglect for 31 days, sheriff may employ workmen, and levy the charge.
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LXI. And whereas many encroachments are made, and nuisances erected in the several streets and lanes in the said city of Waterford, and suburbs thereof, to the great annoyance of the inhabitants thereof: be it further enacted by the authority aforesaid, That from and after the twenty ninth day of September aforesaid, it shall and may be lawful to and for the said mayor or sheriffs of the said city of Waterford for the time being, to remove all encroachments or nuisances in making doors or stairs of cellars projecting into the streets or lanes, by delivering an order in writing to the respective tenants and occupiers of the respective houses and cellars, setting forth and directing in what manner all such doors, stairs, and passages that are encroachments or nuisances in such streets or lanes shall be altered, or in what manner set back, or to remove all encroachments or nuisances of shop windows, window-shutters, frames, pent-houses, sheds, or standings in and upon such streets or lanes; and in cafe the chief tenant or occupier of such cellars, and the owners and occupiers of such houses, shops, and cellars, shall refuse or neglect to comply with such directions of the mayor or sheriffs, or refuse to remove, or cause to be removed, all such encroachments and nuisances for the space of thirty one days after such order as aforesaid, in such case it shall and may be then lawful for the mayor or sheriffs of the said city, to employ workmen, and to alter, remove, or take away the same, and to compel the said tenants, occupiers or owners to pay all the charges thereof, by distress and sale of their goods, to be levied by warrant under the hand and seal of the said mayor.
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Sign, spouts, & to be fixed on fronts, sides or ends,
on neglect as aforesaid, workmen employed.
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LXII. And be it further enacted, That all signs, sign-iron?, posts, boards, spouts, or gutters, already built, placed, or being in any of the said streets or lanes in the said city or suburbs thereof, shall be fixed or placed on the sides, ends, or fronts of such houses, shops, warehouses, or buildings respectively, whereunto the same shall belong, and that for the future all signs, boards, spouts, or gutters, shall be placed or fixed on the fronts, sides, or ends of the houses, shops, warehouses, or buildings whereunto they respectively belong, and not otherwise, and that the water from the tops of all houses within the said city and suburbs thereof, fronting upon any streets, lanes, alleys, or passages, shall be conveyed unto, or near the ground by pipes or trunks brought down by the sides, fronts, or ends of said houses; and if any person or persons shall at any time hereafter hang, erect, place, or build any sign, sign-post, or iron, board, spout, or gutter, in any of the said streets or lanes of the said city, or cause the same to be done in any other manner than as aforesaid, that then it shall and may be lawful to and for the mayor of said city for the time being, after thirty one days notice given to the party offending as aforesaid, to employ workmen, and to alter, place, and fix the said signs, boards, spouts, or gutters, agreeable to the directions of this act, and to compel the owners of the same to pay all the charges attending the same, by distress and sale of the offenders goods, to be levied by warrant under the hand and seal of the said mayor.
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Persons aggrieved may appeal to next sessions,
jury empanneled and if found frivolous, appellant to pay 5l. and full costs.
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LXIII. Provided always, That if any person or persons shall apprehend themselves aggrieved by any such orders or directions as aforesaid, they may appeal to the justices of the peace in their next sessions to be held for the said city; and said justices are hereby impowered and required to hear and finally determine the same, and to order the sheriff’s of said city at such sessions to impannel and return a jury immediately for the trial of the same; and in case said jury shall by their verdict find such appeal to be frivolous or vexatious, then, and in such case, it shall and may be lawful to and for such justices to impose a fine not exceeding five pounds on every such appellant whose appeal shall be so found frivolous or vexatious as aforesaid, and to award full costs to the respondent, such fine to be levied by distress and sale of such appellant’s goods, by warrant under the hand and seal of the said mayor, and to be paid when so levied to the chamberlain of the said city, and to be disposed of by the mayor and common council of said city as aforesaid, for the purposes aforesaid, and for no other use, intent, or purpose whatsoever.
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Expence of removing sings, &c. paid by tenant.
allowed half where tenure under 14 years.
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LXIV. Provided also, That the expence of removing, fixing, or placing such signs, sign-irons, posts, boards, spouts, or gutters as aforesaid, which are now built or placed in any of the said streets or lanes in said city as aforesaid, shall be paid by the several tenants of the respective premisses thereof, save and except where the lease of said premisses is of a shorter date or continuance than the term of fourteen years from the twenty fifth of March, one thousand seven hundred and eighty four; and then, and in such case, that the tenant of the same shall be allowed half such expences as aforesaid, by the head landlord thereof.
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Harbour.
On trawling in the harbour, forfeit 10l. and the boat,
to House of Industry and suit person suing for same.
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LXV. Whereas the practice of trawling, carried on in the harbour of Waterford, tends to the injury of the fishery thereof: therefore be it enacted by the authority aforesaid, That if any person or persons shall, from and after the twenty fourth day of June next, take or destroy any fish whatsoever (oysters excepted) in the harbour of Waterford, inside I look-Tower, by trawling, such person or persons shall on due proof thereof made before the mayor of the city of Waterford, or any one or more of the justices of the peace of the county of said city, or any one or more of the justices of the peace of the county of Waterford, contiguous to the said harbour, forfeit the sum of ten pounds, together with the boat or vessel which shall be employed in such trawling or fishing, with all tackle, sails and rigging, together with such fishing-trawls and geer made use of in such trawling; one moitey of the said sum of ten pounds, and one moiety of the money that may arise by the sale of such forfeited boat or vessel, and of her tackle, sails, and rigging, and of such fishing-trawl and geer, to go to the use of the House of Industry of the said city of Waterford, and the other moiety thereof to go to the use of such person or persons as shall fish sue for the same.
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Mayer to grant Warrant to seize,
and on conviction and non-payment, imprisoned, not exceeding 1 month.
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LXVI. And for the more effectual bringing to justice such person or persons as shall be guilty of the said offence of trawling in the said harbour of Waterford: be it enacted by the authority aforesaid, That the mayor of the said city of Waterford shall from time to time as occasion shall require, a warrant directed to the water-bailiff of the said city, or his deputy or deputies, or to any other special officer or officers by him to be appointed for that purpose, requiring him or them to seize, arrest, and attach, and take into his or their custody any boat or vessel that he or they, or any of them, shall find trawling for fish in the said harbour of Waterford (oysters only excepted) inside said Hook-Tower, and to carry the said boat or vessel, with her tackle, sails, and rigging, together with her fishing-trawls and geer, to some convenient place within the said harbour, there to be detained until the cause of seizure shall be determined pursuant to the meaning thereof, and to carry the several persons that shall be found trawling in such boat or vessel, before the said mayor of the said city, or any one or more of the justices of the peace of the county of the said city, or any one or more of the justices of the peace of the said county of Waterford, contiguous to the said harbour, in order to have the said matters heard and determined, and according to the true intent and meaning thereof; and that the said mayor, or any of the said justices shall have power, on the conviction of the parties for such trawling, to commit the person not paying his proportion of the said penalty, to his Majesty’s gaol for the county of the said city, or for the said county of Waterford, according to their respective jurisdictions of the said mayor, or of such justices, for the payment of such penalty; such imprisonment not to exceed one month.
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A publick act,
general issue pleaded,
and double costs on non-suit
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LXVII. And be it further enacted by the authority aforesaid, 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; or if any person shall be sued or molested for any thing done by virtue, or in pursuance of this act, such person may plead the general issue, and give this act, and the special matter in evidence for his defence; and if the plaintiffs shall discontinue their action, or be nonsuited, or if judgment shall be given against them on verdict or demurrer, the defendants shall recover double costs of suit.
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