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CITY OF CORK ACT 1786
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CHAP. XXVIII.
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An Act for Building n Bridge over the Northern Channel of the River Lee, in the City of Cork, and Suburbs thereof, and for other Purposes relative to the said City.
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Preamble.
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The persons herein mentioned are appointed commissioners for designing &c. a bridge over the river Lee.
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WHEREAS the city of Cork, and the suburbs thereof, are by the extension of commerce considerably encreased, and are likely to encrease; and whereas there is no communication or passage from the country into the said city, on the north side thereof, for goods, cattle, carriages, or travellers, except by one bridge called North-Bridge: be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, That the may-or, recorder, aldermen, and such of the burgesses as are or shall be of the common council, and also the two citizens representing the said city in parliament, and the common speaker of said city, all for the time being, and the several persons herein after named, to wit, Humphry Crowly, esquire, John Thompson Burgess, John Digby, Richard Perry, and John Pedder of the city of Cork, esquires, doctor John Longfield, William Hare, Cooper Penrose, archdeacon Chambre Corker, George Newsom, John Lapp, Richard Hare, senior, and Pope Gray, esquires, shall be and are hereby appointed commissioners, with full power and authority for designing, making, creating, and building one bridge below the present bridge over the northern branch or channel of the said river Lee, running through the said city and suburbs thereof, and that it shall and may be lawful to and for the said commissioners, or their successors, or any five or more of them, to design, assign, and lay out and appoint in what manner said bridge shall be built, and over what particular part of said river, which appointment, before the same shall be carried into execution, shall be confirmed in a court of Doyer hundred, eight days previous, notice being given by publick posting on the exchange of said city, of holding such court.
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Owner of the ferries to be summoned to insert the commissioners to agree for purchase of their rights thereto.
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II. And be it enacted by the authority aforesaid, That as soon as the said commissioners shall, as aforesaid, have assigned, designed, and appointed how and in what manner the aforesaid bridge shall be built, and over what particular part of the said river Lee, and that such designation and appointment shall be confirmed as aforesaid, the said commissioners before they shall proceed or have power to proceed to build such bridge, shall summon the owners and all persons whatsoever having or claiming any estate, right, title, or interest in and to the two ferries plying for hire over the said north branch of the river Lee, one from the Custom-house to the opposite side of said river, and the other from the Coal-quay to the opposite side, to meet the said commissioners, at such time and place in said city as shall be mentioned in such summons, in order to agree with the said several persons either for the purchase of their respective estate, right, title, term, and interest in and to the said ferries, or to make them recompence for any damage or loss that may be sustained by them respectively by the building such bridge at the election of such owners, proprietors, or persons respectively claiming such right, title, or interest in or to such ferries, which summons shall be served upon, or left at the dwelling-house of such person or persons respectively, ten days at least before they shall be required to meet said commissioners; and in case the said commissioners cannot at such meeting agree with and satisfy the said several persons for the purchase of their respective estates, right, title, term, and interest in said ferries, or for any damage or loss that they may respectively sustain by the building of such bridge, that then, a jury shall be summoned to value the same as herein after mentioned.
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All bodies politick and corporate, guardians, executors, &c. empowered to sell their interests in said ferries.
upon the refusal of said persons to dispose and make over their rights to said ferries, a jury shall be summoned to value the same.
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III. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for all bodies politick, corporate and collegiate, corporation, aggregate or sole feoffees in trust, guardians and committees to lunaticks and ideots, executors, administrators, and guardians whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for or on behalf of cestui que trusts, whether infants or issue unborn, lunaticks, ideots, feme-coverts, or other persons whatsoever, and to and for all feme-coverts, who are or shall be seized in their own right, and to and for all persons whatsoever, who are or shall be seized or possessed of or interested in the aforesaid ferries or either of them, which by the said commissioners or the successors of them, or any five or more of them, shall be thought necessary to be purchased for any of the purposes of this act, to sell and convey such ferry or ferries, or any part thereof to the said commissioners or the successors of them, and that all contracts, agreements, bargains, sales, and conveyances which shall be made by such person and persons as aforesaid, shall be good and valid in law to all intents and purposes, to convey all the estate, right, title, and interest, use, property, claim, and demand whatsoever, as well of him, her, or themselves, as of his, her, or their several and respective cestui que trusts, whether infants or issue unborn, lunaticks, ideots, feme coverts, or other persons whomsoever, and of all persons claiming or to claim by, from, or under them, any law statute, usage, or any matter or thing whatsoever to the contrary thereof notwithstanding; and that all such persons so conveying as aforesaid, shall be indemnisied for what they shall do by virtue of or in pursuance of this act, notwithstanding any omission or mistake of matter or form whatsoever; and if it shall happen that any person or persons, bodies politick, corporate, or collegiate, or other person or persons having or claiming any estate, right, title, term, or interest in such ferry or ferries, shall refuse, neglect, or decline to agree with the said commissioners, or the successors of them, or any five or more of them, for the sale or conveyance of their respective estates, rights, titles, terms, and interests in such ferry or ferries, or shall not produce and make out a clear title to such estate, right, title, term, or interest as they claim, to the satisfaction of the said commissioners or the successors of them, or any five or more of them at any meeting, then, and in such case, it shall and may be lawful to and for the said commissioners, or the successors of them, or any five or more of them, and they are hereby empowered and authorized to issue a warrant or warrants, precept or precepts, directed to the sheriffs of the county of the city of Cork, who are hereby authorized, directed, and required accordingly to impannel and return a competent number of substantial and disinterested persons qualisied to serve on juries in said city, not less than thirty six, nor more than sixty, and out of such persons so to be impanelled, summoned, and returned, a jury of twelve persons shall be drawn by some person to be by the said commissioners and the successors of them, or any five or more of them appointed in such manner as juries for the trial of issues joined in his Majesty’s Four Courts at Dublin, by an act made in the twenty ninth year of the reign of his late Majesty King George the second, entitled, An act for the better regulating juries, and the several acs for the renewal thereof, are directed to be drawn, which persons so to be impannelled, summoned, and returned as aforesaid, are hereby required to appear before the said commissioners or the successors of them, or any five or more of them, at such time and place as in such warrant and warrants, precept or precepts shall be directed and appointed, and to attend the said commissioners from day to day, until discharged by the said commssioners, or by any five or more of them, and all parties concerned shall and may have their lawful challenges against any of said jurymen, but shall not be at liberty to challenge the array.
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When a deficiency happens in the number of jurors, the sheriffs shall impannel others till 12 are chosen,
commissioners empowered to summon and examine witnesses;
such meeting may be adjourned from time to time;
jurors and witnesses to be sworn;
the business of the jury, &c.
any 5 commissioners may give judgment for sums to be assessed;
such proceedings to be written on parchment.
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IV. And be it further enacted by the authority aforesaid, That in all cases of trials by juries before the said commissioners, or any five or more of them, where a full jury shall not appear before them, or where after appearance of a full jury, it shall so happen either by means of challenges or otherwise, that there shall be a default of twelve jurors for such trial, it shall and may be lawful to and for the said commissioners, or any five or more of them, to command the sheriffs of the county of the city of Cork, to impannel so many other persons of the said city or suburbs thereof then present, as shall make up a full jury of twelve men, which persons so to be impannelled, shall be added to the former pannel, and all parties interested in such trial, shall have their challenges to the jurors so added to the former pannel as if they had been impannelled originally, and the said commissioners and the successors of them, or any five or more of them, are hereby authorized and empowered by precept or precepts, from time to time as occasion shall require, to call before, them all and every person or persons whomsoever who shall be thought proper or necessary to be examined as witnesses before them, and to examine him, her, or them, on his, her, or their oath or oaths, touching and concerning the premisses: and the said commissioners, or any five or more of them, if they think fit, shall and may likewise authorize the said jury to view the ferry or ferries so to be purchased, and the said commissioners, or the successors of them, or any five or more of them, shall have power to adjourn such meeting from time to time as occasion shall require, and to command such jury, witnesses, and parties to attend, until such affairs for which they were so summoned, shall be concluded; and the said commissioners, and the successors of them, or any five or more of them, are hereby authorized and empowered and required to administer an oath to such jurors at every such trial as aforesaid, and that the oath to be taken by such jurors, shall be, to truly and diligently to enquire into all such matters as shall be given to them in charge, and a true verdict give according to the evidence, and also to administer an oath to, and to examine such person and persons as shall be called upon to give evidence at every such trial as aforesaid, and also at every such trial as aforesaid to give such matters in charge, and no other, to said jurors as to them shall seem most expedient for the more effectual execution of this act, and the said jury upon their oaths shall enquire into the value of such ferry and ferries, and of the respective estates, right, title, term and interest of every person or persons seized or possessed thereof, or interested therein, or of or in any part thereof, and shall assess and award the sum or sums to be paid to every such person or persons for the purchase of such their respective estates, rights, titles, terms and interests; and the said commissioners, and the successors of them, or any five or more of them, shall and may give judgment for such sum or sums of money so to be assessed, which said verdict or verdicts, and the said judgment, decree, or determination thereupon, notice in writing being given to the person or persons interested, at least fourteen days before the time of the first meeting of said jury, declaring the time and place of such meeting of the said commissioners and jury by personally serving such person with such notice, or by leaving such notice at the dwelling-house of such person or persons, or at his, her, or their usual place or places of abode, or by leaving it with some tenant or occupier of the ferry or ferries intended to be valued and assessed, in case such party or his usual place of abode cannot be found out in the said city or suburbs thereof, to be served with such notice, shall be binding and conclusive to all intents and purposes whatsoever, against all and every person and persons, bodies politick and corporate claiming any estate, right, title, trust, use, or interest, in, to, or out of the ferry or ferries so intended to be purchased, or any reversion, remainder, or expectancy therein, as well infants as issue unborn, lunaticks, idiots, and seme coverts, and persons under any other legal incapacity or disability, as all other cestui que trusts, his, her, or their heirs, successors, executors, and administrators, and against all other persons whomsoever, and the verdicts, judgments, and decress, all other proceedings of the said commissioners and juries to be made, given, and pronounced as aforesaid, shall be fairly written on parchment, and signed and sealed by the major part of the said commissioners, or any five of such majority who were present at, and pronounced such judgment and decrees.
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Persons to whom such sums shall be awarded, shall execute conveyances.
If the persons to whom such sums was awarded, cannot make out their title to the premisses, &c. such sums shall he lodged in the bank of Ireland.
for the parties entitled thereto, as to the lord chancellor, upon examination, shall seem meet,
the cashier to give accountable receipts for sums received.
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V. And be it further enacted by the authority aforesaid, That upon payment of such sum or sums of money, so to be awarded or adjudged, the person or persons to whom the same shall be awarded for the purchase of the said ferry or ferries, or for the purchase of any estate, right, title, term, or interest therein, shall make and execute, or procure to be made and executed, good, valid, and legal conveyances, assignments, and assurances in the law, to the said commissioners, or the successors of them, or to any five or more of them, of the said ferry or ferries, or of such estate, right, title, term, or interest, for which such sum or sums of money shall be so awarded, and shall procure all necessary parties to execute such conveyances, assignments, and assurances, and shall do all acts, matters, and things requisite and necessary to make a good, clear, and perfect title to the said commissioners, or the successors of them, or any five or more of them, and such conveyances, assignments, and assurances, shall contain all such reasonable and usual covenants as shall, on the part of the said commissioners, or the successors of them, or any five or more of them, be required; and in case such person or persons to whom such sum or sums shall be awarded as aforesaid, shall not be able to make out their title to the premisses to the said commissioners, and to make, or procure to be made good, valid, and legal conveyances thereof to the said commissioners, or shall refuse so to do, being thereunto required, and such sum or sums so assessed and awarded as aforesaid, being tendered to be paid to him or them, on his, her, or their making such title, and executing or procuring to be executed such conveyances, assignments, and assurances as aforesaid, or in case such person or persons, to whom such sum or sums of money shall be awarded as aforesaid, cannot be found in said city, or suburbs thereof, or in case by reason of disputes, differences, or for defect of evidence, it shall not appear to the commissioners what person or persons is or are entitled to the premisses in question; then and in every such case as aforesaid, it shall and may be lawful to and for the said commissioners, or the successors of them, or any five or more of them, to pay into the bank of Ireland, the said sum or sums so assessed or awarded as aforesaid, as the value of, and purchase money for the said ferry or ferries for the use of the parties interested in the said premisses, to be paid to them, and every of them, according to their respective estates and interests therein, at such time as to the said lord high chancellor of Ireland, or the keeper of the great seal shall seem meet, and who is hereby empowered in a summary way, upon the several petitions of the respective parties, to hear, judge of, and determine, as well by examination of witnesses upon oath, as by all other ways and means which he shall judge proper, the several rights, claims, and demands of all persons interested in the said premisses which shall be so valued, and to ascertain unto such person and persons respectively according to their several intersts, such share and proportion of such purchase money as the said lord high chancellor, or the keeper of the great seal, shall judge sit, which judgment in such case shall be final and conclusive, and the cashier or cashiers of the bank of Ireland, who shall receive such sum and sums of money, so paid into said bank as aforesaid, is, and are hereby required to give an accountable receipt or receipts for such sum and sums, mentioning and specifying for what ferry or ferries and for whose use the same is or are received, to such person or persons as shall pay any such sum or sums into the said bank as aforesaid.
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Such verdicts. &c. shall be entered in the rolls of chancery.
All persons to have recourse thereto.
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VI. And be it further enacted by the authority aforesaid, That all such verdicts, judgments, sentences, decrees, orders, and other proceedings or the said commissioners and juries as relate to or concern the ferry or ferries so to be purchased as aforesaid, and all accountable receipts which the said cashier or cashiers of the said bank shall give for any sum or sums of money paid into the said bank in consequence of any such verdict and judgment shall be entered in the rolls of the said court of Chancery, and the verdicts, judgments, sentences, decrees and orders, and other proceedings shall be deemed and taken to be records to all intents and purposes whatsoever, and the same or true copies thereof shall be deemed and taken to be good and effectual evidence and proof in any court or courts of law or equity whatsoever, and all persons shall and may have recourse to the same gratis, and may also take copies thereof, paying for every copy thereof by the sheet of paper not exceeding ninety words, one penny, and so proportionably for any greater number of words, and immediately on such payment and entry of such verdicts, judgments, sentences, decrees, orders, and other proceedings of the said commmissioners, and juries, and of such receipt or receipts of the said cashier or cashiers as aforesaid, all the estate, right, title, interest, use, trust, property, claim, and demand in law or equity, of the person or persons for whose use such money shall be paid as aforesaid, in, to, and out of the said ferry or ferries, shall vest in the said commissioners, and they shall be deemed in law to be in the actual feizin and possession thereof, to all intents and purposes whatsoever, as fully and effectually as if every person having any estate in the premisses had actually conveyed the same to the said commissioners by lease and release, bargain and sale enrolled, assessment with livery and seizin, sine and recovery, or any other legal conveyance whatsoever, and such payment shall not only bar all right, title, interest, claim, and demand, of the person and persons to whose use such payment was made, but also shall extend to and be deemed and construed to bar the dower and dowers of the wise and wives of such person and persons, and all estate tail in reversion or remainder, and also the issue and issues of such person and persons, and every person claiming under them as effectually as a sine and recovery would do if levied or suffered by the proper parties in due form of law.
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Lord chancellor may upon petition place out such sums so paid into the bank in some publick fund.
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VII. Provided always, That it shall be lawful for the said lord high chancellor, or keeper of the great seal, after such payment into the said bank, and entry of such payment as aforesaid, at the petition of any person or persons in possession of such ferry or ferries, if he shall think sit to place out, or invest, or cause to be placed out or invested, such sum or sums of money, or any part thereof, in some of the public funds, or on government security at interest, in the name of any person or persons authorized and appointed by the said lord high chancellor, or keeper of the great seal, for that purpose in trust to transfer or assign the same to the person or persons to whom the said ferry or ferries belong, on their executing proper conveyances thereof to the said commissoners, and in the mean time in trust to pay the interest and dividend arising therefrom, to such person or persons who was or were in possession of the said ferry or ferries, at the time of the said payment into the said bank.
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Persons who would be entitled to recover the profits of said ferries from the possessor, if not so conveyed, may recover the interest arising from said sum.
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VIII. Provided always, and it is hereby enacted, That all and every person or persons who would be entitled to recover the profits of the said ferry and ferries, against the person or persons in possession, in case the same had not been so conveyed to or vested in the said commissioners as aforesaid, shall be entitled to recover the sum or sums to wise from such interest and dividend as aforesaid, by action of debt or otherwise, against the person or persons who shall receive the same; and the said lord high chancellor, or keeper of the great seal is hereby empowered and authorized to make such orders on the said bank for the payment of such sum or sums of money, or any part thereof, as shall be necessary in order to the same being so invested in publick securities; and the said commissioners shall be quieted in the possession of the ferry or ferries for which such sum or sums shall be so paid as aforesaid, and shall not be answerable or accountable in any court of law or equity, for the money so deposited and placed out as aforesaid, any otherwise than according to the tenor, purport, and true meaning of this act.
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Sums payable to feme covert, as here-in shall be given to any person they appoint under their hands, &c.
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IX. And be it further enacted, That in case any feme covert is, or shall be seized in see simple, or in tail, general or special of any such ferry or ferries so to be purchased as aforesaid by the said commissioners, or of any interest in the same to her separate use, free from the controul or intermeddling of her husband, the purchase money arising from the sale of such estate or interest of such feme covert, on the conveyance of such estate or interest to the said commissioners, shall be paid either to the husband of such feme covert, at her request, or to such person or persons as she shall by writing under her hand, nominate to receive the same in trust, to be re-invested in lands, tenements, or hereditaments, to be conveyed and fettled for such use or uses, estate or interest as the said feme covert had in the ferry or ferries so to be purchased by the said commissioners.
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The sums payable to bodies corporate, &c. shall be paid to the persons they nominate to receive the same.
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X. And be it further enacted by the authority aforesaid, That the principal money arising from the sale of any ferry or ferries which shall be purchased for the purposes contained in this act, from any body corporate or collegiate, corporation aggregate or sole, feoffees in trust, guardians, committees, or other trustees, or from any feme covert, shall be paid to such person or persons as they shall respectively nominate to receive the same in trust, with all convenient speed, then afterwards to be re-invested in the purchase of any messuages, lands, tenements, and hereditaments, to be conveyed and settled to and upon, and subject to the like uses, trusts, limitations, remainders, and contingencies as the ferry or ferries which shall be purchased from them respectively by the said commissioners as aforesaid, were respectively settled, limited, or assured to or upon at the time of such the purchasing of the same, or so many thereof, as at the time of making such conveyances and settlements should be existing and capable of taking effect.
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The conveyance of any feme covert, &c. shall be effectual.
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XI. And be it further enacted by the authority aforesaid, That the conveyance of any such estate or interest of any feme covert to the said commissioners, or any person or persons in trust for them, by bargain and sale, acknowledged by such feme covert, in such manner as bargains and sales are usually acknowledged and enrolled in the rolls office of his Majesty’s high court of chancery, within six months after the making thereof, shall as effectually and absolutely convey the estate and interests of such feme coverts in the premisses as any fine or fines, recovery or recoveries would or could do if levied or suffered thereof in due form of law.
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The bargains and sales of such ferries shall be effectual.
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XII. And be it further enacted, That all bargains and sales whatsoever of any such ferry or ferries as shall be purchased by the said commissioners by virtue of, and for the purposes of this act, shall have the force, effect, and operation in law to all intents which any fine or fines, recovery or recoveries, would have if levied or suffered by the bargainer or bargainers, or any person or persons seized of any estate in the said ferry or ferries in trust for or to the use of such bargainer or bargainers in any legal manner or form whatsoever.
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Persons barred of any right, &c. to said ferries may bring an action against the persons who received the purchase money, &c.
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XIII. Provided nevertheless, That any person or persons barred of any right, title, interest, claim, or demand whatsoever in, to, or out of the said ferry or ferries, which by virtue, and for the purposes of this act, shall be purchased by and conveyed to the said commissioners as aforesaid, shall be at liberty to bring an action or actions of debt, or an action for money had and received to his or their use against any person or persons, or the legal representative or representatives of any person or persons who received the purchase-money arising from such sale of the ferry or ferries aforesaid; and that in every such case the plaintiff or plaintiffs, on proof of such title as would have enabled them to recover the said ferries, or any part thereof, shall recover the said purchase-money, or so much thereof as shall be equivalent to his, her, or their interest in the said ferry or ferries, or any part thereof, together with such interest as shall be equivalent to the profits of the ferry or ferries, or any part thereof, which he, she, or they would have been entitled to receive in case this act had not been made.
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Mortgages &c. on said ferries shall, upon the tender of the principal and interest due, be assigned over to said commissioners,
on refusal to make such assignment, interest shall cease.
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XIV. And be it further enacted by the authority aforesaid, That all and every person and persons who shall have any mortgage or mortgages on such ferry or ferries, or who shall have any judgment or judments, or other incumbrances upon the same, or any part thereof, shall on the tender and payment of the principal money and interest due thereon by the said commissioners, or the successors of them, or any five or more of them, or by such person or persons as they shall appoint, immediately assign such mortgage or mortgages, judgment or judgments, or other incumbrances to the said commissioners, or the successors of them, or any five or more of them, or to such person or persons as they the said commissioners, or the successors of them, or any five or more of them, shall appoint in trust for them; and in case such mortgagee or mortgagees, judgment creditors, or other person or persons entitled to said incumbrances, shall have notice in writing from the said commissioners, or the successors of them, or any five or more of them, that they will pay off and discharge the principal and interest which shall be due on the said mortgage or mortgages, judgment and judgments, and other incumbrances, at the end or expiration of six months, to be computed from such notice given, and that at the end of said six months, on payment of the principal and interest so due, such mortgagee or mortgagees, judgment creditors, or other persons entitled to the said incumbrances, shall refuse, neglect, or omit so to assign as aforesaid, on such tender or payment, then, and in such case, all interest on every such mortgage or mortgages, judgment or judgments, or other incumbrances as aforesaid, shall cease and determine.
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Such principal and interest may be paid into the bank.
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XV. And be it further enacted by the authority aforesaid, That upon payment of the principal and interest due on any mortgage or mortgages, judgment or judgments, or other incumbrances as aforesaid, into the bank of Ireland, at the end of six months from such notice as aforesaid, for the use of the mortgagee or mortgagees, judgment creditors, or other persons entitled to said incumbrances as aforesaid, the cashier or cashiers of the said bank shall give a receipt for the said money, in like manner as is herein before directed in cases of payments into the said bank, and thereupon all the estate, right, title, interest, use, trust, property, claim, and demand of the said mortgagee or mortgagees, judgment creditors, and other persons entitled to said incumbrances, and of every person or persons in trust for him, her, or them, shall vest in the said commissioners, and they shall be deemed to be in the actual seizin or possession of the ferry or ferries comprized in such mortgage or mortgages, and to hold the same discharged and exonerated from said judgments and incumbrances as aforesaid, to all intents and purposes whatsoever.
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Sum to be paid pursuant to said agreements, &c. are to be charged upon money received for purposes of this act, and of refused, be paid into the bank.
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XVI. And be it further enacted by the authority aforesaid, That all sums of money, or other consideration, recompence, or satisfaction to be paid and made pursuant to any such agreement or verdict as aforesaid, or which shall be due on any such mortgage, judgment, or other incumbrance as aforesaid, shall be and are hereby charged and chargeable upon all money which shall be raised or received for the purposes of this act, and shall be tendered to the party or parties entitled to the same; and in case of refusal to accept the same, shall be paid into the bank of Ireland in the names of any person or persons appointed by the said commissioners, or their successors, or any five or more of them, in trust for such person and persons as shall be entitled to receive the same before the said commissioners shall proceed to annul or dispose of the aforesaid ferry or ferries.
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Expences incurred, to be paid out of sums arising thereby.
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XVII. And be it further enacted by the authority aforesaid, That all such costs, charges, and expences, as the said commissioners, or their successors, shall be at, or put to in the execution of the trusts and powers hereby vested in them, shall be paid out of such monies as the said commissioners, or the successors of them, or any five or more of them, shall receive for the purposes of this act, and also, that all such costs and charges as shall be expended in the preparing, drawing, obtaining, and passing this act, together with legal interest for the same, from the time of advancing the same, until paid, shall be paid in the first place out of the tolls herein after mentioned.
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The commissioners are empowered to five the sheriff, &c. who become defaulters in the premisses, &c.
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XVIII. And be it further enacted by the authority aforesaid, That it shall and may be lawfull to and for the said commissioners, or the sucessors of them, or any five or more of them, from time to time, to impose any reasonable fine, not exceeding the sum of, ten pounds, on any sheriff or sheriffs, or their deputy or deputies, bailiffs or agents respectively, who shall make any default in the premisses, and on any person or persons who shall be summoned and returned on any such jury or juries, or shall be added to the original pannel or pannels thereof, who shall not appear, and also on any witness or witnesses who shall not attend, or shall attend, and refuse to be sworn, or who being sworn, shall refuse to give evidence; and on any person summoned and returned, or impannelled as aforesaid, on such jury or juries who shall refuse to be sworn on any such jury or juries, or being sworn thereon, shall not give his or their verdict, or shall in any other manner wilfully neglect his or their duty in or touching the premisses contrary to the true intent and meaning of this act, and from time to time to levy such fine or fines by order of the said commissioners, or the successors of them, or any five or more of them as aforesaid, as the case may require, by distress and sale of the offender’s goods, together with the reasonable charges of every such distress and sale, returning the overplus (if any) to the owners, and all the fines which shall be so recovered and received shall be applied towards the purposes of this act.
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To discharge juries,
issue new warrante.
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XIX. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the said commissioners, or their sucessors, or any five or more of them, from time to time at their discretion to discharge such juries as shall be returned to try any matters before them, and also from time to time to issue a new warrant or precept directed to the sheriffs of the county of the city of Cork, to impannel and return such competent number of substantial and disinterested persons, qualified to serve on juries for said city, in like manner as is herein before directed, to attend the said commissioners at such time and place as in such warrant or precept from time to time shall be directed and appointed, until they shall be discharged by the said commissioners, or the successors of them, or any five or more of them.
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Said bridge must be so constructed as to leave a passage for ships.
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XX. And to the intent the navigation of the said northern branch or channel of the said river Lee, running through the said city and suburbs thereof, may receive no prejudice: be it enacted by the authority aforesaid, That the said bridge so to be erected or built over the said northern channel of the said river Lee, in any part of the city of Cork or suburbs thereof, below the said north bridge to be appointed as aforesaid, shall be so constructed and built as that there shall remain a free and open passage for ships and vessels to pass and repass through the same; and that for fuel purpose, the said bridge so to be built over said northern channel of said river as aforesaid, shall contain one or more lifting or port cullis bridge or bridges of at least twenty-eight feet in the clear in length.
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Said commissioners with the consent of the persons herein may remove, &c. any listing or port cullis bridge.
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XXI. Provided also, and be it enacted by the authority aforesaid, That it shall and may be lawful for the said commissioners and their successors, or any five or more of them, by and with the consent and approbation of the mayor, sheriffs, and commonality of said city in court of Doyer Hundred assembled, pursuant to notice as aforesaid, and by and with the consent and approbation of the governors and chief commissioners of his Majesty’s revenue at any time or times to remove, pull down, and take away any lifting or port cullis bridge, or lifting and port cullis bridges as aforesaid, and to otherwise complete and perfect the same as to the said commissioners or their succesors, or any five or more of them shall seem necessary and convenient.
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No house, &c. to be built an said bridge, with out consent of commissioners.
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XXII. And it is hereby further enacted by the authority aforesaid, That it shall not be lawful to erect any house or building, or any stand or stands for sale of any wares or otherwise upon the said bridge to be so built, other than such gates and toll-houses herein after mentioned, as by the said commissioners and their successors, or any five or more of them shall be ordered or directed.
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Destroying any part of said bridge, &c. deemed felony.
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XXIII. And for the preventing wilful or malicious damaging or destroying the said bridge so to be built, or any part thereof, or hindering or interrupting the building of the same: be it enacted by the authority aforesaid, That if any person or persons shall wilfully or maliciously, and without authority from the said commissioners or the successors of them, or any five or more of them, pull down or destroy the said bridge or any part thereof, or remove or take away any works thereto belonging, or direct or procure the same to be done, whereby the said bridge or the works thereof may be damaged, or the lives of the passengers be endangered, such offender or offenders being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer as a felon.
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No coach, &c. to stand on said bridge, or filth, &c. be put thereon, penalty not less than 25. 6d.
or be committed to Bridewell.
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XXIV. And for the more effectually keeping the passage or passages over said intended bridge, free and clear from any obstruction of hackney coaches, carts, carrs, truckles, drays, and other carriages standing on the said bridge so to be built, or within the space of one hundred yards on either side of the same respectively: be it enabled by the authority aforesaid, That when the said bridge shall be completely finished and made passable, it shall not be lawful for any coachman or driver, to stand or ply for hire with any coach or other carriage whatsoever, or to have any empty coach or carriage on the said bridge, or within the space of one hundred yards on either side of the same respectively, or for any carman, carter, drayman, or driver of any carriage whatsoever, wilfully to stand or remain with any cart, carr, dray, truckle, or other carriage upon the said bridge, or within the distance aforesaid respectively, or for any person or persons to put any filth, dung, ashes, or rubbish on the said bridge, or to do any act which may be an annoyance there; and that every person so offending therein as aforesaid, and being thereof convicted, upon complaint made before the mayor of the said city of Cork, or some other justice of the peace for the county of the said city, either upon the confession of the party, or the oath of one or more credible witness or witnesses, which oath such mayor or other justice is and are hereby required to administer, shall forfeit and pay for every such offence such sum, not exceeding twenty shillings, nor less than two shillings and six-pence, as said mayor or justice shall direct, the same to go and be applied between the parties informing against, and apprehending every such offender and offenders, in such shares and proportions as the mayor or justice before whom the party or parties offending shall be convifted, shall direct, and in default of immediate payment thereof, the offender or offenders shall be committed by the mayor or justice before whom he, the, or they shall be convicted, to the Bridewell of the said city, there to be kept to hard labour for any time not exceeding two days, as the mayor or such justice shall think fit to order.
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No order of any justice made by virtue hereof, or proceeding touching offenders, shall be quashed for want of form, or be removed to Dublin.
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XXV. And be it enacted by the authority aforesaid, That no order which shall be made by any justice or justices by virtue or under this act, or any other proceedings to be had touching the conviction or convictions of any offender or offenders against this act, shall be quashed or vacated for want of form only, or be removed or removable by certiorari, or any other writ or process whatsoever, into any of his Majesty’s courts of record in Dublin.
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Toll to be taken for coaches, &c. passing said bridge.
if not paid, levid by distress, &c.
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XXVI. And for as much as the creating and building said bridge, so intended to be built, and the repairing, preserving, and Supporting the same, and the purchasing such ferry or ferries, as ply for hire over the said northern channel of the said river Lee, and as may be necessary to be purchased, must be attended with considerable charge and expense: be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said commissioners, and the successors of them, or any five or more of them, and they are hereby authorized and empowered to take and receive, or cause to be taken or received, in the nature of a toll, before any passage over the said bridge shall be permitted, any sum which the said commissioners, or the successors of them, or any five or more of them, at any meeting or meetings shall direct, not exceeding the following rates, for every coach, chariot, berlin, chaise, chair, or calash, drawn by six or more horses, one shilling and one penny; for every coach, chariot, berlin, chaise, chair, or calash drawn by less than six or more than two horses, six pence halfpenny; for every coach, chariot, berlin, chaise, chair, or calash, drawn by two horses or mules, three pence; for every waggon, wain, car, cart, or carriage of burthen, or other carriage with four wheels, drawn by four or more horses, or other beasts, one shilling and one penny; and by less than four horses or beasts, six pence halfpenny; for every waggon, wain, ear, cart, and carriage of burthen, with two wheels, drawn by more than one horse or other beast, three pence; for every waggon, wain, car, cart, or carriage of burthen with two wheels, drawn by one horse or other beast, one halfpenny; for every horse, mule, or ass, laden or unladen, and not drawing, one halfpenny; for every drove of oxen, cows, or neat cattle, five pence by the score, and so in proportion for any greater or lesser number not less than four, one halfpenny each for every score of calves, hogs, sheep, goats, or lambs, two pence halfpenny by the score, and so in proportion for every greater or less number; for every passenger passing over said bridge, one halfpenny each, except such person or persons as shall be driven in any such coach, chariot, berlin, chaise, chair, or calash, and the driver or drivers thereof, and the footman or footmen, servant or servants thereof, standing behind the same; and the said commissioners, and successors of them, or any five of them, and any person or persons by them thereto authorized, as herein after mentioned; is and are hereby empowered to levy the tolls or duties hereby required, or which hereafter may be required, to be paid by any person or persons who shall after demand thereof, make, neglect, or refuse to pay the same as aforesaid, or to deny or hinder any passage over the said bridge last mentioned, until payment thereof, which said tolls or duties shall or may be levied by distress of any horse or horses, or other cattle or goods upon which such tolls or duties are by this act imposed, or upon any other of the goods and chattels of such person and persons as ought to pay the same, and all such horses and other cattle or goods may be detained, until such tolls or duties, with the reasonable charges of such distress shall be paid; and it shall be lawful for the person or persons so distraining, after the space of four days after such distress made or taken, to sell the cattle or other goods or chattels so distrained by publick auction, for payment of the tolls or duties, tendering to the owner or owners thereof the overplus upon demand, after satisfaction of the said tolls or duties, and the reasonable charges in and about making such distress and sale, and keeping the same.
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Toll-house or toll-gates to be enacted;
forcing a passage, penalty IOS. with costs, recovered as herein;
is the complain he groundless or unjust, IOS shall be paid to the person aggrieved.
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XXVII. And be it enabled by the authority aforesaid, That it shall and may be lawful for the said commissioners, and the successors of them, or any five or more of them, and they are hereby authorized and empowered to erect and place a toll-house or toll-houses, and a toll-gate or toll-gates in or near said bridge, and the said commissioners, and the successors of them, or any five or more of them, are hereby empowered, and any person or persons by them thereto authorized as herein after mentioned, are hereby empowered to receive at such gate or gates, the tolls or duties required by virtue of this act, to be paid before the passage of any person, cattle or carriage through the said gate or gates, and that any person forcing a passage through such gate or gates for himself or herself, his or her carriage, carriages, or cattle, and not paying the due and regulated tolls as aforesaid, or to be regulated as herein after mentioned, may for such offence be summoned personally, or by a summons left at his or her usual place of abode, with some person residing therein of the age of sixteen years and upwards, at the instance of the said commissioners, or of the person or persons appointed by them to receive the same, one day before the day on which his or her appearance shall be required to appear before the mayor of the said city, or one of the justices of the peace for the county of said city, who shall hear and determine the merits of the said complaint in a summary way, by the oath or oaths of one or more credible witness or witnesses, or by the confession of the party, which oath or oaths such mayor or justice of the peace is hereby required and empowered to administer, and to enquire into and determine upon any offence as aforesaid, and shall in the case of proof of any such offence as aforesaid, whether the party complained against appears or not, if the service of the summons be duly proved, adjudge the person or person guilty of the same, to pay to the said commissioners, or their successors, or any five or more of them, or to the person and persons by them thereto authorized as aforesaid, to receive and collect the tolls aforesaid, any sum not exceeding ten shillings sterling, with the necessary costs and charges; and in case such complaint shall appear groundless ad unjust, then such mayor or justice of the peace shall adjudge to the person or persons so unjustly complained against, any sum not exceeding ten shillings sterling, to be paid by the person so preferring such unjust complaint, and in either case the sum to be adjudged by such mayor or justice of the peace, if not paid immediately by the person or persons adjudged to pay the same, shall and may be levied by a warrant of distress under the hand and seal of such mayor or justice of the peace, on the goods and chattels of the person or persons so adjudged to pay the same, and the goods and chattels so distrained, shall and may on any day after the space of four days from the time of distrainig the same, and within the space of ten days, be publickly sold by the person to whom the said warrant of distress shall be granted, and out of the produce thereof, the sum so adjudged shall be paid to the person or persons so empowered to receive the same, and it any overplus shall remain after deducting the said sum adjudged, and the necessary costs and charges, the same shall be paid over to the owner or owners of the goods and chattels so distrained and sold as aforesaid.
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Damaging the toll-gates or toll-house, &c. or obstructing the collectors, penalty 20).
if not paid, the offender to be imprisoned.
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XXVIII. And be it enacted by the authority aforesaid, That if any person or persons shall wilfully and maliciously destroy, break, pull down, or damage any gate or gates, toll-house or toll-houses, erected by virtue of this act, or shall prevent or obstruct the erection of any such gate or gates, or any such toll-house or toll-houses, or shall obstruct any collector, or any other person or persons whatsoever employed for that purpose by the said commissioners, or their successors, or any five or more of them, in the performance and excution thereof, each and every person or persons so offending, and being thereof convicted by the oath of one or more credible witness or witnesses before the mayor of said city, or one or more justice or justices of the peace of the county of the said city, shall for every offence forfeit the sum of twenty pounds, to be levied by distress and sale of the goods and chattels of every such offender or offenders, by warrant under the hand and seal of the said mayor or justice, or under the hands and seals of the said justice or justices before whom such conviction shall be made; and in case the person or persons so offending, and being thereof convicted, shall have no goods or chattels where-out the same can be so levied, it shall and may be lawful to and for the said mayor, justice or justices, by warrant under his or their hand and seal, or their hands and seals, to commit such offender or offenders to the common gaol of the county of the said city of Cork, for any space of time not exceeding three calender months, nor less than three calendar months from the day of such commitment.
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A schedule of the tolls to be painted or carved on a conspicuous part of the bridge,
Penalty 20s.
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XXIX. And be it enacted by the authority aforesaid, That on some convenient and publick place on such bridge, and near the toll-gale or toll-gates thereon, there shall be affixed a board or stone, on which shall be distinctly painted or carved a schedule of the tolls aforesaid, under the penalty of twenty shillings, to be recovered by any person or persons from such gate-keeper, by civil bill, at the assizes for the county of said city.
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Clerks, &c. to be appointed for receiving the money arising.
removable at pleasure,
allowance to officers.
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XXX. And be it enacted by the authority aforesaid, That the said commissioners, or their successors, or any five or more of them, Shall or may, by writing under their hands and seals, at a meeting to be had for that purpose, giving fourteen days previous notice of such meeting, in the publick news-papers of said city, appoint one or more clerk or clerks, treasurer or treasurers, receiver or receivers of monies to be raised, by and for the purposes of this act, and so from time to time to appoint others as they shall find necessary and convenient, and also such other officer or officers as the said commissioners, or their successors, or any five or more of them shall think necessary; and the said commissioners, or their successors, or any five or more of them, shall and may take sufficient security for due execution of the respective offices, by such persons as the said commissioners, or the successors of them, or any five or more of them shall think proper; and the commissioners, or their successors, or any five or more of them, may from time to time, remove at their will or pleasure, any of such officers, or other person, and appoint others in the room of such as shall be removed or die, and shall and may, out of the money raised by this act, make reasonable allowance to the treasurers, receivers, clerks, or other officers so appointed, for and in consideration of their offices, and to such other persons as shall be aiding and assisting in the execution of this act.
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When the treasurer shall at any time receive 100l. or upwards, shall pay the same into the bank appointed.
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XXXI. And be it enacted by the authority aforesaid, That as soon as conveniently may be, after the treasurer to the said commissioners, shall at any time have received one hundred pounds and upwards, monies appointed to be received by him, by virtue and for the purposes of this act, he shall from time to time, pay the same into such bank in said city, as to said commissioners and their successors, or any five or more of them, shall seem fit, in the name and on account of said commissioners, and to be disposed of by order of the said commissioners, or their successors, or any five or more of them, for the purposes of this act.
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Receivers, &c. of the tolls to be appointed; who are to pay the same as directed by the commissioners.
and account for the same,
or be imprisoned.
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XXXII. And to the end that the said tolls and duties may be duly accounted for: be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said commissioners, and their successors, or any five or more of them, to nominate and appoint such person or persons to be receiver or receivers, collector or collectors of the said tolls and duties, as they shall think fit, and all persons by this act liable to pay the said tolls or duties, or any of them, are hereby required to pay the same after the rates aforesaid, to such receiver or receivers, collector or collectors, and all such receivers and collectors shall respectively pay the same, either to the treasurer of the said commissioners, or into such publick bank in said city, as to the said commissioners, and their successors, or any live or more of them, shall seem fit, and that such receiver or receivers, collector or collectors aforesaid, shall also upon oath, if required by the said commissioners, and their successors, or any five or more of them, which oath the said commissioners, and their successors, or any five or more of them, are hereby empowered to administer, from time to time, give in a true, exact, and perfect account in writing, under their respective hands, of all monies which they and every of them, shall to such respective times have received, paid, and disbursed by virtue of this act, or by reason of their respective offices, for which oath no fee or reward shall be taken, and the same may be taken without any stamp; and in case any such receiver or receivers, collector or collectors of the said tolls and duties, shall not make such account and payment, as by this act is directed, then any justice or justices of the peace for the county of the city of Cork, shall commit such party or parties refusing or neglecting so to do, to the publick gaol of the county of said city, there to remain until he or they shall have made a true account and payment as aforesaid, or compound for the same with the commissioners, or their successors, or any five or more of them, and pay the money by every such composition stipulated to be paid, which composition said commissioners, or their successors, or any five or more of them, are hereby authorized from time to time to make and receive, if they shall so think fit, in full satisfaction for all money that shall be then due from such person or persons.
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Exacting more than legal toll, penalty 5l.
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XXXIII. And be it enacted by the authority aforesaid, That if any receiver or receivers, collector or collectors of the said tolls and duties, shall exact from, or compel any person to pay any duty or toll, not authorized by this act, such receiver or receivers, collector or collectors, shall, for every such offence, forfeit five pounds, to be recovered in a summary way before the said mayor, or justice or justices of said city, by any person from whom any unlawful toll or duty shall be so exacted.
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Said tolls may be let annually,
Commissioners empowered to make rules, &c.
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XXXIV. Provided always, That it shall and may be lawful for the said commissioners, and their successors, or any five or more of them, to demise or let on every first Monday in each and every month of September, during the continuance of said tolls, by publick cant on the Exchange of said city, first giving eight days notice thereof in the publick news-papers, and posting the same in the exchange of said city, the said tolls, or any tolls appointed by virtue of this act, for any term not exceeding one year, at the highest rent that shall be offered and bid for the same by a solvent tenant or tenants; and the said commissioners, or their successors, or any five or more of them, are hereby required and empowered, under their hands and seals, to appoint the said tenant or tenants thereof, his or their servant or servants, to receive and collect said tolls for such term as aforesaid, and to erect such toll-gate or toll-gates as aforesaid; and the said commissioners are hereby empowered to make and ordain such rules and regulations as they or their successors, or any five or more of them, shall judge necessary and expedient for the better collecting the tolls aforesaid.
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Said tolls may be conveyed of assigned for 21 years to persons who advance money thereon, as herein,
subject to redemption.
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XXXV. And be it enacted by the authority aforesaid, That the said commissioners, or their successors, or any five or more of them, shall or may, and they are hereby empowered from time to time, by writing under their common seal, and to be signed by five or more of said commissioners, or their successors, to convey or assign the said tolls or duties, or any part or parts thereof, the costs and charges whereof are to come, and be paid out of such tolls or duties for any term not exceeding twenty-one years, to secure the repayment of any sum or sums of money by them to be advanced to the said commissioners, or their successors, for the purpose of enabling them to purchase such ferry or ferries, and for the other purposes of this act, to such person or persons, or their trustees, as shall advance or lend the same, together with an annuity in lieu of interest, not exceeding the rate of eight pounds by the hundred for such sums as shall be advanced on the credit of said tolls or duties, such conveyance or conveyances to be subject to redemption upon payment of the sums so advanced, together with such annuity or annuities as aforesaid; and the sum or sums so advanced, shall be applied and disposed of for the purchasing of such ferry or ferries, and for the other purposes of this act; and the person so lending and advancing upon the credit of the said tolls appointed by virtue of this act as aforesaid, shall not be answerable or accountable for the application, or non-application of said money or monies so lent or advanced; and it shall be necessary on any suit or controversy whatsoever, relative to the sum so lent or advanced, for such person or persons so lending or advancing as aforesaid, to prove only the advancing and payment of the same to the said treasurer; and in all cafes where any notice or process out of any court of law or equity relative to this act, shall be necessary to be served on the said commissioners, service of the same on the treasurer appointed by the said commissioners under this act, shall be deemed good and sufficient to all intents and purposes.
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Said conveyance may be transferred by endurosment.
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XXXVI. And be it enacted by the authority aforesaid, That all persons to whom such conveyance, assignment, or security shall be made, or who shall be entitled to the money thereby secured, may from time to time transfer and assign their right, title, interest, and benefit, in and to said conveyance, assignment, or securities, and the principal and annuity thereby secured to any person or persons, by writing or indorsement on such securities, and such transfer or assignment shall entitle such assignee, his or her executors, administrators, and aligns, to all benefit thereof, and payment thereon; and such assignee may in like manner assign and transfer the same again, and after such assignment it shall not be in the power of inch person who shall have made such assignment, to make void or discharge the original securities, or monies due as aforesaid.
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Treasurer to number the conveyances or assignments,
and enter said endrosements.
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XXXVII. And it is hereby enacted and declared, That the said treasurer shall number all the conveyances or assignments by way of security as aforesaid, which shall be executed as aforesaid, in pursuance of this act, as they shall be so executed, commencing with number one, and so continuing the numbers until the whole be numbered; and the said treasurer upon notice, and at the request of such assignee, shall make an entry or memorial of such endorsement or endorsements in a book to be by him kept for that purpose, without charge, fee, or reward, and shall, on the like request, permit the same to be viewed and inspected without fee or reward.
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Persons to whom such conveyances or assignments shall be made, shall be deemed creditors on such tills,
when there shall be a surplus of 1000l. received, the numbers of the securities and the sums shall be written on tickets, put into a box, and drawn as herein.
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XXXVIII. And be it enacted and declared by the authority aforesaid, That all persons to whom such conveyances or assignments shall be made, their executors, administrators, or assigns, shall be in proportion to the sums mentioned therein respectively, creditors on such tolls and duties, and shall be paid thereout by the said commissioners, or their successors, or any five or more of them, or by the persons so appointed by them, the annuity mentioned in such assignment or conveyance, and from and after the payment of the annuities therein mentioned, and as often as any surplus or exceeding of the said tolls or duties hereby appointed, shall be received by the said commissioners, or their successors, or any five or more of them, that such surplus or exceeding Shall amount to the sum of one thousand pounds, then the said commissioners, or their successors, or any five or more of them, shall cause the numbers of such securities, or so much thereof as shall remain unpaid, and the sums therein contained to be written on several tickets or pieces of parchment, and to be rolled and sewed up, and put into a box or urn, and well mixed together, and an indifferent person shall publickly, between the hours of twelve at noon and two in the afternoon of the day to be by the said commissioners, or their successors, or any five or more of them, publickly advertized in the news-papers of said city, at least twenty days before, at the council-chamber of said city, draw out of such box or urn, so many of the said tickets or pieces of parchment, as the films therein contained Shall amount to the sum of one thousand pounds.
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The person, the number of whose securities shall he drawn, Shall be paid within 20 days.
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XXXIX. And be it enacted by the authority aforesaid, That the persons, the number of whose securities Shall be so drawn, their executors, administrators, and assigns, shall within twenty days after the tickets or pieces of parchment shall be drawn, be paid by the said commissioners, or their successors, or any five or more of them, or by the treasurer as aforesaid, the principal films to them respectively due, with the annuity agreed for the same, and shall upon payment thereof deliver their respective securities to the said commissioners, or their successors, or any five or more of them, to be cancelled, which they are hereby required to cancel accordingly, and the annuities payable by virtue of such conveyances shall cease from the repayment of said respective principal sums.
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Commissioners empowered to raise money in any manner i thought necessary.
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XL. Provided nevertheless, and be it enacted, That if the said commissioners, or their successors, shall find any deficiency or obstruction in raising a sufficient sum or sums of money from time to time for the purchasing of such ferry or ferries, and for the other purposes of this act, they shall and may be and are hereby empowered to raise the same in any other manner they, or five or more of them, shall judge necessary.
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Sums to be paid out of said tolls.
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XLI. And whereas persons will be induced more readily to lend money on the credit of the tolls aforesaid in case all charges and incumbrances affecting the same were fully expressed and ascertained in and by this act: be it enacted by the authority aforesaid, That the tolls aforesaid, or any tolls so to be appointed by virtue of this act, shall be charged and chargeable in the first place with the costs of the preparing, drawing, obtaining, and passing this act, and after the same shall be paid, then with the sums of money to be expended in the erecting and building such bridge, and in repairing, preserving, and supporting the same when built, and also with the sum or sums of money to be expended in the purchasing said ferry or ferries in said city or suburbs, and also with erecting a toll-house, or houses, toll-gate or gates, together with such interest as aforesaid, or said costs, sums of money, and expenses as aforesaid, and also with the salaries to be appointed by the said commissioners, or their successors, or any five or more of them, for the clerk and treasurer to be chosen as aforesaid, and with no other costs, charges, or expenses whatsoever.
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The tolls may be lowered before the expiration of said 21 years;
if necessary the toll may be continued to a longer period than as aforesaid.
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XLII. Provided nevertheless, That at any time before the expiration of said term of twenty-one years it shall and may be lawful for the said commissioners, and the successors of them, or any five or more of them, to lower the tolls payable as aforesaid, or any of them, to any lesser sum or sums; and that in case the said commissioners, and their successors, shall not have received from time to time within the said term of twenty-one years out of the monies arising from the tolls hereby appointed, the original sum expended in the building such bridge, with the amount of said annuities, over and above the several expenses so as aforesaid charged and chargeable, that then and in such case it shall he lawful for the said commissioners, and the successors of them, or any five or more of them, to continue the tolls hereby appointed, and to empower any person or persons to collect and receive the same as aforesaid, and to sue for and recover the same by distress, or the other ways and methods aforesaid until payment of the original sum.
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Any of the tolls may be rescinded.
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XLIII. And be it enacted by the authority aforesaid, That the said commissioners, or their successors, or any five or more of them, shall and may rescind any of said tolls, as they shall judge proper; provided, that a sufficiency be left for the payment of the aforesaid securities.
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The tolls shall cease after said 21 years, if all expenses he paid:
if there be a surplus remaining, it shall be applied toward improving the city of Cork.
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XLIV. Provided always, and be it enacted by the authority aforesaid, That from and after the expiration of twenty-one years, to be computed from the completing and opening the said bridge, the said tolls, and all tolls appointed by virtue of this act, shall cease, and be utterly void, and the passage of such bridge shall be opened and free to all cattle, carriages, and persons whatsoever, in case the monies which shall have been advanced or borrowed oil the credit of said tolls, and the costs, charges, and expenses hereby chargeable and charged on such tolls, shall be then fully paid and satisfied, and if such sums, costs, and expenses, shall not have been then paid, then so soon after the expiration of the said twenty-one years, as the same shall have been so paid; and in case any sum of money or surplus arising from the receipt of the tolls aforesaid, shall at the expiration of the said term of twenty-one years, remain in the hands of the said commissioners, or their successors, after payment of the several costs, charges, and expenses hereby charged and chargeable upon the same, the said surplus shall within one year after the end of said term of twenty-one years, be applied or disposed of to such use or uses for the improving said city and suburbs thereof, as the said commissioners, or their successors, or any five or more of them, by and with the consent of the said court of Dover hundred shall direct and appoint, or in default thereof, said surplus may be sued for and recovered from them by the mayor, sheriffs, and commonalty of said city, who are hereby required to apply said surplus to said purposes.
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Commissioners to deliver an annual account of sums received and expended to the committee chosen to audit and settle the chamberlain’s accounts.
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XLV. Provided nevertheless, and it is hereby enacted and declared, That the said commissioners, or their successors, or any five or more of them, shall yearly and every year before the committee which from time to time shall be. chosen by the said corporation in the said court of Doyer hundred assembled, to audit and settle the accounts of the chamberlain of said corporation, give in a true, exact, and perfect account in writing under their respective hands, of all monies which the said commissioners shall to such time or times have received, paid, or disbursed by virtue of this act, and the said committee are hereby empowered and required to adjust said accounts, and strike a balance on the same, to be approved of by said court, or otherwise in like manner as the accounts of the chamberlain of the said city are referred, reported to, and approved of by said court.
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Said commissioners to be incorporated.
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XLVI. And be it enacted by the authority aforesaid, That from and after one calendar mouth from the passing of this act, the said commissioners, and their successors shall, for the purposes of the purchasing of such ferry and ferries, and for other purposes of this act, and until the expense of the said bridge, and the costs and charges chargeable thereon, and all other the costs and expenses herein before mentioned, shall be fully paid and satisfied, and no longer, be one body corporate, by the name of commissioners for building a bridge over the northern channel of the river Lee in the city of Cork, and suburbs thereof, and shall have one common seal, and may be sued in all courts of law or equity, in any cause or causes, or suits by or against them, and may take any securities upon any contracts by them for any purposes herein before mentioned, in order to the more effectually carrying this act into execution.
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Actions and suits against persons acting in pursuance hereof.
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XLVII. And be it enacted by the authority aforesaid, That no action or suit shall be commenced against any person or persons for any thing done in pursuance of this act, until eight days notice in writing shall be given to the clerk or treasurer to the said commissioners by the plaintiff in such action or suit, nor shall be continued, unless at the peril of the plaintiff, after sufficient satisfaction or tender thereof made to the parties aggrieved, nor shall be instituted or commenced, unless within six months after the fact committed for which such action or suit shall be brought, and every such action shall be brought and tried in the county of the city of Cork, and not elsewhere, and the defendant or defendants in such action or suits, may plead the general issue, and give this act and the special matter in evidence at any trial thereupon, and that the matter or thing for which such action or suit shall be so brought, was done in pursuance and by the authority of this act, and if the same shall appear to have been so done, or if any such suit be brought before eight clear days notice as aforesaid, after sufficient satisfaction be made or tendered as aforesaid, or if such suit be not commenced within the time before limited, or be said in any other county or place than as aforesaid, then the jury shall find for the defendant or defendants, and if there be a verdict for such defendant or defendants, or if the plaintiff or plaintiffs be non-suited, or suffer a discontinuance of his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs by default, or upon any demurrer, judgment shall be so given for the said defendant or defendants in any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant now hath for costs in other cases by law.
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The mayor at the request of 5 commissioners, may summon a meeting.
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XLVIII. And it is hereby enacted by the authority aforesaid, That the mayor of the city of Cork for the time being, at the request of any five of the said commissioners, or their successors, signified in writing, and by them signed, shall from time to time summon, or cause to be summoned, each and every of the said commissioners, or their successors, residing in the said city, and the liberties thereof, to meet at such time and place as in said sum mons shall be expressed, and shall likewise cause such meeting, and the time and place thereof to be publickly advertised in the news-papers of the said city, one week at least before such meeting, and no less a number of the said commissioners, or their successors, than five shall be qualified to act at such meeting or meetings.
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Nothing herein to prejudice the rights of the mayor, sheriff, &c.
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XLIX. Provided always, That nothing herein contained shall extend, or be deemed, construed, or taken to extend to prejudice or affect, or prevent or hinder the mayor, sheriffs, or commonalty of the city of Cork from demanding and receiving the usual and customary tolls and duties payable to the mayor, sheriffs, and commonalty of said city, as they have heretofore received the same, but the said mayor, sheriffs, and commonalty, and their successors, shall have power and be at liberty to receive the tolls, duties, and customs paid to and received by them in such manner as has been usual and customary in said city and the suburbs thereof.
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5 Geo. 3. c. 24.
as well the powers vested by 31 G. 2. for widening the streets of Dublin,
as by 33 G. 2. are hereby vested in the commissioners appointed by said act of the 5 G. 3. c 24. &c. for the city of the Code.
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L. And whereas an act of parliament passed in this kingdom in the fifth year of his present Majesty’s reign, entitled, An act for altering and amending several statutes heretofore made for the better regulations of the city of Cork, and for regulating trials by juries in the court of record of said city, and for establishing market juries in said city, and for making wide and convenient ways, streets, and passages, in the said city and suburbs thereof, and for preventing frauds committed by the bakers and meal-makers of the said city, hath been found insufficient for carrying into execution several of the purposes for which the same was intended: 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 as well all and singular the powers and authorities vested by an act of parliament made in the thirty-first year of the reign of his late Majesty George the second, entitled, An act for making wide and convenient ways, streets, and passages from Essex-bridge to the castle of Dublin, and for other purposes therein mentioned, as by an amendment thereto made by an act passed in the thirty-third year of the reign of his late Majesty George the second, shall be, and the same are hereby vested in the commissioners named and appointed in and by the said recited act of the fifth year of his present Majesty’s reign, or the survivors of them, or the commissioners to be appointed pursuant thereto, and that ail and singular; the clauses contained in said act passed in the said thirty-first year of the reign of his late Majesty George the second, together with the several amendments thereto made in and by the said act passed in the thirty third year of the reign of his said late Majesty, except that clause whereby certain commissioners in the said act of the thirty first of his said late Majesty are named and appointed, shall be in as full force with respect to the several ways, streets, lanes, and passages, and the lands, grounds, houses, and tenements in the said city of Cork, and suburbs thereof, as the same have by the said two last mentioned acts of parliament with respect to the streets, lanes, and passages, and the lands, grounds, houses, and tenements in the said city of Dublin, and the said commissioners appointed, and to be appointed for making and widening convenient ways, streets, and passages in the city of Cork, and suburbs thereof, shall have power from time to time to purchase not only the several houses, grounds, and buildings for the widening said ways, streets, lanes, and passages of said city, and the suburbs thereof, and making new ways, streets, and passages therein where they shall think proper, but also any quantity of ground, together with the edifices thereon, not exceeding one hundred feet backward, or at either side of any of said ways, streets, and passages to be widened or improved, or intended to be made, widened, or improved, as may be found necessary.
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Country treasurers act of the 13 & 14G. 5 c. 18.
Justices of peace for the county of the city of Cork empowered to elect a treasurer,
election heretofore made by justices of said city deemed valid.
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LI. And whereas doubts may arise whether the treasurer of the county of said city of Cork should not be elected in manner prescribed in and by an act of Parliament passed in the thirteenth and fourteenth years of his present Majesty’s reign entitled, An act for the better regulating the office of country treasurer, and the duty of clerk of the crown in respect to presentments: And whereas from the limited number of justices of the peace of the county of said city, and the several persons who have served the office of mayor, being mostly persons in trade, and from other causes it can scarcely happen that a number of justices qualified as by the said act is directed, can be had to make an election of treasurer of the county of said city : for removing such doubts, be it enacted by the authority aforesaid, That whenever the treasurership of the county of the said city shall be vacant, either by the death, resignation, removal, or dismission of the present or any future treasurer, the justices of the peace of the county of the said city, or such of them, or the majority of such of them as shall assemble for that purpose in such manner, and at such times as directed by said recited act, shall proceed to elect a fit and proper person to be treasurer of the county of the said city of Cork, and such election shall be good and valid, notwithstanding any want of qualification mentioned in said act in any of the justices who shall attend or vote at such election, and the election heretofore made by the justices of the peace of the said city of the present treasurer thereof is hereby confirmed, and all and every act and acts heretofore done by him as treasurer of said city, is and are hereby confirmed, and that it shall be lawful for the present treasurer of the county of the said city, and every treasurer thereof, to be hereafter elected as aforesaid, to use and execute all the powers and authorities given to and vested in the treasurer of the county of the said city by any law or laws now in force.
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The property of the trees on the red house walk are vested in the mayor, &c.
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LII. And whereas the trees on the walk called the Red-house walk to the westward of said city, have been planted at great expence to the publick, and the property thereof not being vested in any person or body, ill disposed persons cut and hack the trunks of them, and prevent their growth with impunity: be it therefore enacted by the authority aforesaid, That in order to prevent the same, all the trees heretofore planted at the publick expence, or hereafter to be planted at the publick expence on said walk, shall be the property of, and the same are hereby vested in the mayor, sheriffs, and commonalty of the said city, and their successors.
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Recital of 1 G. 3. c. 19. 5 G. 3. c. 24.
Power hereby vested in the mayor, &c. for the purpose of supplying the city with water.
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LIII. And whereas by an act of parliament made in the first year of his present Majesty’s reign, entitled, An act for the building a stone bridge from the quay opposite Princes-street in the city of Cork to Lovit’s-island, and a stone bridge from thence to the Red abbey marsh, with a drawing bridge or lifting bridge of wood in the center of the latter, sufficient to let vessels pass and repass; and also for supplying the said city with water, certain powers therein mentioned for supplying the said city with water, were vested in the common council of the said city, and such freemen at large of the said city as should be elected in open court of Doyer hundred: and whereas by another act of parliament made in the fifth year of his present Majesty’s reign, entitled, An act for altering and amending several statutes heretofore made for the better regulation of the city of Cork, and for regulating trials by juries in the court of record in the city of Cork, and for establishing market juries in the said city, and for making wide and convenient ways, streets, and passages in said city and suburbs thereof and for preventing frauds committed by the bakers and meal-makers of the said city, the said powers which by the said first mentioned act were vested in the said common council and freemen were divested out of them, and with certain other powers contained in the said last mentioned act, vested in the mayor, sheriffs, and commonalty of said city, and their successors for ever, for the purpose of better supplying the said city with water: and whereas from the great encrease of the trade, manufactories, and population of said city, it is become necessary for the purpose of better supplying the said city with water, to grant to the said mayor, sheriffs, and commonalty, and their successors for ever, such further and other powers as herein after are mentioned: be it therefore enacted by the authority aforesaid, That from and after the passing this act, the said mayor, sheriffs, and commonalty, and their successor, shall and may have exercise, and enjoy the same powers and privileges of entering into the grounds of any person or persons in the county of Cork, and county of the city of Cork, such grounds not being more than five miles distant from the boundaries or extent of the liberties of the city of Cork, (houses, gardens, orchards, and yards excepted) and for making reservoirs, trenches, and water courses in the said grounds, and of repairing the said reservoirs and water courses, and of digging and cutting through the said grounds from the reservoirs, and of fixing and laying pipes in and through the same, and through all ways, passages, lanes, streets, and other place and places, in such manner and under such terms and provisoes as by the said act of the fifth of his present Majesty’s reign is directed with respect to the exercise of the like powers and privileges in the liberties of the city of Cork.
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May build houses contiguous to the water works.
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LIV. And be it enacted by the authority aforesaid, That it shall and may be lawful to and for the said mayor, sheriffs, and commonalty, and their successors, from time to time to build, make and erect one or more house or houses, edifice or edifices, or other necessary work or works, in and upon the said grounds in the county of Cork, or in or upon any grounds in the county of the city of Cork (except as before excepted) contiguous or convenient to the said water works and reservoirs, or any of them, and for the purpose only of the better carrying on the said water works, compensation having been first made or agreed to be made to the owner or proprietor, owners Or proprietors of said ground in manner herein provided.
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Injuring, &c. said water works, penalty 20l.
recovered and applied at by 1 G. 3. c. 19.
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LV. And be it enacted by the authority aforesaid, That if any person or persons shall break, throw down, or destroy, or in any manner wilfully injure the said water works, or any pipe, trunk, water course, house, edifice, or building appertaining to the same, or used, or intended to be used therewith, or made, or to be made in pursuance of this or any of the said former acts, or shall make any hole or holes through any of the said water courses, reservoirs, or pipes, or shall make any new trench or trenches from any of the said water courses, to carry off or divert the water from he same, every person so offending, shall for every such offence forfeit the sum of twenty pounds, to be recovered and applied in such manner as the penalty of ten pounds in the said act of the first year of his present Majesty’s reign, is by the said act directed to be recovered and applied.
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All persons interested in houses, &c. as herein are empowered to contract with said mayor, &c.
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LVI. And be it enacted by the authority aforesaid, That it shall be lawful for all bodies politick or corporate, whether aggregate or sole, trustees or committees of lunaticks and ideots, executors, administrators, and guardians whatsoever, not only on behalf of themselves, their heirs and successors, but also for and on behalf of cestui qui trusts, whether infants or issue unborn, lunaticks, ideots, feme-coverts or other persons, and for all feme-coverts seized in their own right, and for all persons seized of, and interested in any houses, buildings, ground, or mill-courses, which by the said mayor, sheriffs, and commonalty have been, or shall be thought necessary to be purchased, and have been or shall be contracted for by the said mayor, sheriffs, and commonalty, for the purposes herein after mentioned, to sell and convey such houses, buildings, mill-courses, and ground, or any part thereof, to the said mayor, sheriffs, and commonalty, and all contracts, agreements, bargains, sales, and conveyances which have been, or shall be made to them by such persons, with respect to conveying, granting, or demising such houses, buildings, mill-courses, or grounds, or with respect to a liberty of cutting, making, or digging canals, reservoirs, trenches, or water-courses therein, or of repairing such canals, reservoirs, trenches, or water-courses, or of fixing or laying pipes in or through the said premisses, or of building any wall or walls, arch or arches to support any pipe or pipes, aqueduct or aqueducts for conveying water as aforesaid, or of making and erecting on the said grounds, any house or houses, building or buildings, edifice or edifices, or any work or works whatsoever, for the purpose of effectually carrying on the said water works shall be valid, not only to convey the estate and interest of the persons conveying, but also to convey all right, estate, interest, use, property, claim, and demand of their respective cestui que trusts, whether infants or issue unborn, lunaticks, ideots, feme-coverts, or other persons, and all claiming or to claim by, or under them, and all such persons so conveying, shall be indemnisied for what they shall do in pursuance of this act.
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If said persons will not amicably agree for a reasonable compensation, it shall be deetermined by the verdict of a jury as herein.
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LVII. And be it enacted by the authority aforesaid, That in case any person or persons so seized, possessed of, or intitled to, or to be so seized, possessed of, or intitled to any such estate or interest in the grounds, houses, mills, and mill-courses aforesaid, shall not for the purposes aforesaid, amicably agree with the said mayor, sheriffs and commonalty, or their successors, touching the amount of such compensation, rates, or damages, as ought reasonably to be paid by the said mayor, sheriffs, and commonalty or their successors, for the value of any grounds already entered into, used, or applied, or hereafter to be entered into, used, or applied, by the said mayor, sheriffs, and commonalty, or their successors, for any of the purposes in this act, or any of the said former acts mentioned, that then and in every such case, the said compensation, rates, or damages, shall from time to time be ascertained by the verdict of a jury of good and sufficient men of the county of Cork, or county of the city of Cork, as the case shall require, to be for that purpose impannelled, as often as occasion shall require, at the request of the said mayor, sheriffs, and commonalty, or their successors, by the sheriff of the said county, or by the sheriffs of the county of said city, at the assizes to be held for said county, or for the county of said city, and that every person seized of a real or freehold estate in the said county, or in the county of the said city, of the clear yearly value of fifty pounds, or possessed of a personal property of the value of five hundred pounds, after payment of his just debts, shall in point of property be qualified to serve on such jury, and the mayor, sheriffs, and common speaker of the said city, for the time being, are for the purpose aforesaid, hereby authorized from time to time to issue one or more warrant or warrants, precept or precepts, under the common seal of said city, as the case shall require, to impannel, summon, and return a competent number of such good and sufficient men of the said county, or of the county of the said city, not being less than twenty-four, nor more than forty in number, out of whom a jury of twelve shall be drawn by some indifferent person, to be appointed by the said judges of assize, in such manner as jurors for the trials of issues in the four courts of Dublin, by an act for the better regulating of juries, are directed to be drawn: and the said persons to be impannelled, summoned, and returned as jurors, are hereby required to appear at the said assizes, and to attend the same until discharged by the judge or judges of assize, and all persons concerned shall have their lawful challenges against any of the said persons, so to be impannelled, summoned, and returned, but shall not be at liberty to challenge the array, and the sheriff of the said county, or the sheriffs of the county of the said city, are hereby authorized and directed, if thereunto required by the said warrant or precept of the said mayor, sheriffs, and common speaker, to cause the place or places in question to be viewed by the persons so to be impannelled, summoned, and returned, or by any six or more of them, three days at least before the said assizes, and such of the said viewers as shall appear and shall not be challenged, shall be first sworn upon the jury, before any drawing as aforesaid, and so many only shall be drawn to be added to the viewers, who appear and are sworn, as shall after all defaults and challenges allowed, make up the number of twelve jurors to be sworn, and the mayor, sheriffs, and common speaker of the said city for the time being, are hereby authorized and impowered from time to time by precept under the common seal of said city, to summon and require any person or persons to appear at the said assizes, to be examined as a witness or witnesses, concerning the premisses, and the said judge or judges of assize shall have power to adjourn the meeting as occasion may require, during such assizes, and to command such jury, witnesses and parties to attend, until such verdict shall be given, and shall have full power to examine upon oath all or any witness or witnesses to be produced before them, touching the matters aforesaid; and if the said sheriff or sheriffs shall refuse or neglect to impannel, summon, and return such jury, or to cause such view to be had, and if any person summoned as a juror or witness as aforesaid, shall refuse or neglect to appear, and to be sworn as a juror, or to attend at such view, or to give evidence at such assizes, such sheriff or sheriffs, and every such juror or witness shall for every such offence, forfeit the sum of fifty pounds, to be recovered and applied in such manner as the penalty of ten pounds in the said act of the first year of the reign of his present Majesty, is by the said act directed to be recovered and applied.
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Said verdict shall be taken before the judges of assize, and shall ascertain the compensation to be made, &c.
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LVIII. And be it enacted by the authority aforesaid, That every such verdict shall be taken before the judge or judges of assizes for the said city or county of said city, and shall ascertain the amount of the said compensation, rates, and damages, and the several persons to whom the same shall respectively be made and paid according to their several estates and interests in each and every parcel or denomination of said land, and in what shares and proportions, and when to be paid, and every such verdict shall to all intents and purposes be final and conclusive to all persons whatsoever then seized, possessed of, or interested in, or at any time thereafter to be seised, possessed of, interested in, or in any manner intitled to any estate or interest whatsoever, in or to the grounds aforesaid, either in fee simple, or fee tail, or for life, lives, or years, in possession, reversion, remainder, or expectancy; and that from and after the payment of said compensation, rates, and damages, in such manner as by the said verdict shall be directed, all the estate, property, and interest of and in all such parts of the grounds, houses, mills, and mill courses aforesaid, as heretofore have been, or hereafter shall be used or applied by the said mayor, sheriffs, and commonalty, or their successors, for the purposes in this, or any of the said former acts mentioned, shall so far as shall be necessary for the said purposes only, and not further or otherwise, vest in the said mayor, sheriffs, and commonalty, or their successors for ever, who shall thereupon be deemed in law to be in the actual seizin and possession thereof, and that such verdict, and the effect and validity thereof, shall never afterwards, in any manner, be questioned, or called into controversy in any court of law or equity.
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Persons who have share in the profits arising from supplying the city with water, and who neglect to pay their proportion of the expences, such shares shall be sold by auction, and out of the sum received, the money due shall be ducted.
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LIX. And be it enacted by the authority aforesaid, That in case any person or persons, to whom any share or shares, dividend or dividends of the profits arising from supplying the said city with water, have been, or shall be granted under this or any of the said former acts, his, her, or their executors, administrators or assigns, shall at any time or times hereafter, neglect or refuse to pay to the said mayor, sheriffs, and commonalty, or their successors, his or their proportionable parts of all such sum or sums of money, as to the trustees appointed, or to be appointed by any order, regulation, or by law made, or to be made by the mayor, sheriffs, and common council of the said city, by any act or acts of council, confirmed by the court of doyer hundred, for carrying into execution the purposes in this, or any of the said former acts mentioned, or any five of the said trustees, have already ordered to be paid, or shall from time to time think necessary, and order to be paid, for or towards the expence attending the making, digging, cutting, repairing, and keeping in order, all and every the reservoirs, canals, trenches, water-courses, pipes, houses, edifices, buildings, and works, and also the like proportionable parts of all other the necessary costs and charges attending the same, it shall be lawful for the said mayor, sheriffs, and commonalty, and their successors from time to time, to sell by publick audion on the exchange change of said city, to the highest and fairest bidder, the said respective shares and dividends of such person or persons, his, her, or their executors, administrators and assigns, and the money arising by such sale or sales, to receive from the purchaser or purchasers of the said respective shares and dividends, and thereout to deduct all sum and sums of money so due by the person or persons, his or their executors, administrators, or assigns, whose shares or dividends shall be so sold, and the overplus, if any, to pay over to the person or persons respectively entitled thereto, and thereupon the said persons respectively, his, her, or their executors, administrators, and assigns, shall be from thenceforth for ever barred of all claim, right and title, or equity of redemption, in or to the shares or dividends so sold, and that the said shares and dividends so sold, and all profits, benefits, and advantages thereof, shall thereupon both at law and in equity, vest and be deemed and considered to be thenceforth vested in the purchaser or purchasers of said shares or dividends respectively.
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Notice of such sales must be given as herein.
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LX. Provided nevertheless, That notice in writing of such intended sales, signed by the said trustees for the time being, or any five of them, shall be, at least one calendar month before the time of sale, be served upon the said persons, his, her, or their executors, administrators, or assigns, or left at his, her, or their usual place of abode, if resident in this; kingdom, or if resident in any other kingdom, such notice to be posted on the publick exchange of the city of Cork aforesaid, at least three calendar months before any such sale shall be had, which notice shall contain an account of the sum or sums of money required to be paid by such person or persons respectively, his, or their executors, administrators, or assigns.
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The branch to be cut off if the yearly rent for the water be not paid;
hindering the person authorized to cut off said branch, penalty 10l.
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LXI. And be it enacted by the authority aforesaid, That it any person or persons to whose house or houses in the city of Cork aforesaid, any branch, pipe, or pipes, shall from time to time be laid for the purpose of conveying water from any main pipe or pipes to such house or houses, shall neglect or refuse to pay the usual or accustomed yearly rent for such water, that then and in such case it shall and may be lawful to and for the trustees aforesaid, or any five of them, or any person or persons by them for that purpose authorized from time to time, to cut off any such branch, pipe or pipes conveying water to such house or houses aforesaid, and if any person or persons shall obstruct, hinder, and prevent the person or persons so authorized to cut off such branch, pipe or pipes, every such person or persons so offending, shall for every such offence forfeit and pay the sum of ten pounds sterling, to be recovered and applied in such manner as the penalty of ten pounds in the said act of the first of his present Majesty mentioned, is in and by said act directed to be recovered and applied.
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1st and 5th Geo. 3. except 24 hereby altered, continued in force.
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LXII. And be it enacted by the authority aforesaid, That the said recited acts of the first and fifth years of his present Majesty, except such parts thereof as are hereby amended or altered, shall remain in force as if this act had never been made.
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The mayor, &c. may take ground, &c. as herein. for erecting a market.
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LXIII. And whereas the scite of the present meat shambles of the said city of Cork, is inconvenient, narrow, and confimed, and obstructs the passage to both courts of assizes in said city, and lies in one of the most publick streets therein; be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the mayor, sheriffs, and commonalty of the said city of Cork, to contract with the owner or proprietor, or owners or proprietors, or tenant or tenants of any house or houses, building or buildings, or any piece of ground which they shall judge convenient, not containing more than two English acres, and to purchase same, and the estate thereof, or interest therein, or to take any lease or leases thereof for any term of years, or lives, or to take a conveyance or assignment of any such lease or leases for the purpose of erecting a publick market or markets thereon, the said mayor, sheriffs, and commonalty, paying for the same, the full value thereof, either by way of purchase money or annual rent, such purchase money or annual rent as the case shall be, to be ascertained upon the oaths of twelve indifferent men of the city and parishes aforesaid, which oath the mayor, sheriffs, and common speaker of said city of Cork for the time being are hereby empowered to administer, and the said mayor, sheriffs, and common speaker for the time being are hereby empowered from time to time to issue a summons under their hands and seals requiring an indifferent jury of twenty-four men of the city or parish as aforesaid, to attend at such time and place as in such summons shall be specified, and the said mayor, sheriffs and common speaker for the time being, shall at such time and place swear twelve of the said twenty-four persons, who shall be drawn by ballot by the town clerk of said city, which twelve, shall be a jury for ascertaining the value of such house or houses, building or buildings, or piece of ground, and whose valuation shall be binding and conclusive to all persons whatsoever, and all purchases made by, and conveyances executed to, and all leases made, conveyed, or assigned to said mayor, sheriffs and commonalty of such premisses as aforesaid, shall be good and effectual notwithstanding any disability by settlement, coverture, minority in tail, or any other impediment whatsoever.
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This a publick act;
persos sued may give this act in evidence, &c.
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LXIV. And be it further enacted by the authority aforesaid, That this act shall be in all courts and places deemed to be a publick act, and shall be judicially taken notice of by all judges, justices, and courts whatsoever, without specially pleading the same; and if any person shall be sued or molested by 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 the verdict or demurrer, the defendant shall recover double costs of suit.
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