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PORT OF DROGHEDA ACT 1790
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CHAP. XXXIX.
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An Act for the Improvement of the Port and Harbour of Drogheda, and the better Regulation of the Police of said Town.
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Preamble.
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For 12 years from 25 Mar-1790, the following duties to be paid; 6d per ton on every ship or vessel, except vessels belonging to his Majesty, to revenue coasters, and coasting vessels; and all ships, &c. belonging to the subjects of his most Christian Majesty; coasters from any other port in this kingdom, 3d. person.
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WHEREAS the improvement of the port, harbour, and river of Drogheda, will contribute to the advancement of the trade of said town, and be of great use to all ships which shall resort to the said port, and a great and continual expence will be incurred to accomplish and carry on the works necessary for improving and cleaning the same; 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 from and after the twenty-fifth day of March, in the year of our lord one thousand seven hundred and ninety, for and during the term of twelve years from thence next ensuing, the following rates and duties shall be paid by the master or owner of every ship and vessel entering the port of Drogheda, that is to say, for every ship or vessel entering the said port, the sum of six pence for every ton of the burthen of such ship or vessel, except the ships and vessels belonging to his Majesty, and those of the revenue, and all coasters or coasting vessels, and also all ships and vessels belonging to the subjects of his most christian Majesty, which shall enter or arrive in the said port, and for every coaster or ship, or vessel entering the said port from any other port in this kingdom, the sum of three pence for every ton of the burthen of such coaster or vessel.
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Not to extend to vessels entering with ballast only.
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II. Provided always, That nothing in this act shall extend, or be construed to extend to impose any duty on any ship or vessel entering the said port with ballaft only.
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Said duties to be paid to port collector;
6d. per pound may be deducted for trouble in receiving.
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III. And be it further enacted by the authority asoresaid, That the said rates and duties shall be paid to the collector of his Majesty’s revenue for the time being, in the port of Drogheda, who is hereby authorized and required to demand, take, and receive the same, and is hereby authorized and empowered to deduct, and detain as a compensution for his trouble in receiving the same, any sum or sums of money not exceeding six pence for every pound sterling, which shall be so received.
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Application duties.
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IV. And be it further enacted by the authority aforesaid, That the said rates and duties when received, shall be paid under the regulations and conditions herein after mentioned by the said collector to the commissioners who shall be appointed and chosen from time to time pursuant to this act for carrying the same into execution, to be applied by them after defraying the expence of obtaining this act, and paying the salaries of officers in improving and cleansing the river and harbour of the said town from the bridge of the said town to the sea, and rendering the same safe and convenient for the ships and vessels resorting thereto, and in preserving and maintaining any works which now are, or may be hereafter erected for any of the above purposes, and to no other use or purpose whatsoever.
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Tonage of British vessels to be ascertained by certificate of regiltry.
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V. And be it fuither enabled by the authority asoresaid, That the tonage of all ships or vessel belonging to British subjects which shall be liable to the payment of the aforesaid rates and duties, shall be taken and ascertained by the number of tons which are stated and set forth in the certificate of the registry of such ship or vessel, pursuant to an act of the twenty-seventh of his present Majesty, to be the burthen of such ship or vessel.
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Tonage of foreign ships &c. to be computed by outward gauging;
persons to be empowered to make such gauge.
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VI. And be it further enacted by the authotity aforesaid, That the tonage of all foreign ships and vessels liable by this act to the payment of the aforesaid rates and duties, shall be computed by the outward gauging of the said ships and vessels respectively, and not otherwise, and the person or persons for that purpose to be appointed by the commissioners, nominated and chosen under the authority of this act, are hereby empowered to make such outward gauge of every such foreign ship or vessel as shall enter the port or harbour of said town, from time to time, as they shall see occasion.
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Vessels not to be cleared out, or permitted to sail, until duties paid.
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VII. And to the end that the said rates and duties may be effectually levied and paid; be it further enacted by the authority aforesaid, That it shall not be lawful for the officers of his Majesty’s custom-house in the port of Drogheda to clear out or discharge any ship or ships, vessel or vessels, outward bound, or to permit any ship or ships, vessel or vessels, outward bound, to sail, until the master or owner thereof shall have paid and cleared to the collector all such rates and duties as are payable by virtue of this act for such ship or ships, vessel or vessels.
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Commissioners to he chosen, empowered to assign said rates and duties,
or any part thereof, for any time during die continuance of this act, as security for sums to be borrowed, not exceeding 1500l.
with interest, as herein: money borrowed, to be applied as said rates, &c. are directed.
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VIII. And in order to put this act more effectually and immediately into execution; be it further enacted, by the authority aforesaid, That the commissioners to be chosen and appointed from to time to carry this act into execution, or any nine or more of them, are hereby empowered from time to time, and at all times, as to them shall seem convenient, by writing under their respective hands, and their common seal, to assign over the said rates and duties, or any part of parts thereof imposed and made payable by virtue of this act, for any time or times during the continuance of this act, as a security for any sum or sums of money by them to be borrowed, not exceeding in the whole the sum of fifteen hundred pounds to such person or persons, or their trustees, who shall advance and lend the same, in order to secure the re-payment thereof, with lawful intereft, or less if the same can be had, which said money so to be borrowed, shall be applied and disposed of as the said rates and duties are directed by this act to be applied and disposed of, and so no other purpose whatsorever.
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Persons to be commissioners, for purpofes hereto;
all powers, &c, given to commissioners by this act may be exercised by any 7 or more of them;
except where some other number is appointed.
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IX. And be it further enacted by the authority aforesaid, That the mayor and recorder of Drogheda, the representatives in parliament for the time being for the said town, also the representatives in parliament for the time being for the counties of Meath and Louth, and six aldermen, and seven members of the common council of the corporation of said town, shall be, and they are hereby appointed commissioners tor improving and cleansing the river and harbour of said town, from the bridge of said town to the sea, for preserving and maintaining all works which are or may be erected for the improvement of said harbour or river in proper and constant repair, and for putting in execution all other powers in and by this act given and granted, and all and every the powers, authorities, directions, matters, and things by this act given to or directed to be done and executed by or before the said commissioners, shall and may be exercised, had, and done by or before any seven or more of them, except where some other number is appointed by this act; and all such acts, matters, and things shall be of as full force and effect as if done and executed by or before all the said commissioners.
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Within month after passing this act, 6 aldermen, and 7 common council men, to be elected commissioners. &c.
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X. And be it further enacted by the authority aforesaid, That within one calendar month after the passing of this act, the mayor, sheriffs, burgesses, and commons of said town, shall elect and appoint six aldermen, and seven members of the common council of the corporation of the said town, to be, together with the mayor and recorder, and the representatives in parliament for the said town for the time being, and also the representatives in parliament for the time being for the counties of Meath and Louth, commissioners for carrying into execution the said act, and all the powers given and granted by the same; which said twenty-one persons shall be vested with all the aforesaid powers, as fully and effectually as if their names were herein specially set forth and inserted.
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When any of said aldermen or common council men shall die or resign, or refuse or neglect to act and attent meetings for 6 months, or be elected representative or treasurer;
mayor, &c. within 21 days after to elect an alderman or common council man in his room.
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XI. And be it further enacted by the authority aforesaid. That when and as often as any of the said six aldermen, or seven members of the common council, shall happen to die, or resign, or refuse or neglect to act and attend the meetings of said commissioners for the the space of six months at any one time, or become a represeutative of said town, or be elected treasurer under and by virtue of the powers given by this act, then, and in such case, the mayor, sheriffs, burgesses, and commons of said town, shall, within twenty-one days from the time such vacancy shall happen, elect and appoint an alderman, or member of the common council, as the case shall require, in the room of such alderman, or member of the common council, who shall so happen to die, or resign, or refuse or neglect to act and attend the meetings of the commissioners, or shall have become a representative, or be elected treasurer.
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Not to proceed to election, unless notice; signed by treasurer, be posted on those 7 days before.
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XII. Provided always, and be it enacted, That it shall not be lawful for the said mayor, sheriffs, burgesses, and commons, to proceed to the election and appointment of any person as a commissioner to carry into execution this act, unless a notice writing of the time and place of meeting for the purpose of such election, signed by the treasurer appointed by the commissioners, shall be affixed on the tholsel of said town, at least seven days before such election.
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Oath to be taken by every commissioner.
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XIII. And be it further enacted by the authority aforesaid, That no person shall be capable of acting as a commissioner in the execution of this act, unless he shall take and subscribe the following path or affirmation, which the mayor of Drogheda for the time being is hereby empowered to administer.
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I A. B. do solemnly promise and swear, that I will faithfully and impartially, according to the best of my skill and knowledge, execute the several powers and trusts committed to me, in and by an act of parliament now in force in this kingdom, entitled, An act for improving the port and harbour of Drogheda, and the better regulation of the police of said town, without favour or affection, prejudice or malice.
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So help me God.
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Town clerk empowered to administer said path.
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XIV. And be it enacted by the authority aforesaid, That the town clerk of the said town of Drogheda shall, and he is hereby authorized and empowered to administer the above path to the present mayor, and all succeeding chief magistrates of said town.
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Meetings of commissioners to be convened by summons, and held at the tholfel; orders on treasurer to be signed there only, by which orders only treasurer empowered to pay money ; and to elect a treasurer, and a person to gauge tonage, and to establish a salary for last mentioned persons, not exceeding 1ol. per annum;
commissioners may remove either or both of laid persons, if guilty of neglect or misconduct, and appoint others,
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XV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said commissioners, from time to time, when and as often as they shall think necessary and expedient, by summons, signed by their treasurer, to be left at the usual place of abode of place of abode of each and every the said commissioners, to convene meetings, to be held at the tholsel of the said town; and that it shall and may be lawful to and for the said commissioners at such respective meeting, and there only, to give and sign orders on the treasurer for the payment of all sums of money which they shall find and judge neccessary for carrying this act into execution, by which orders only the treasurer shall be authorized and empowered to pay any sum or sums of money whatsoever, and to elect a fit and proper person to act as treasurer to the said commissioners, and another person to gauge and ascertain the tonage of all foreign ships and vessels liable to the payment of the rates and duties imported by this act, and to establish a salary or allowance to be paid to the said last mentioned persons, not exceeding ten pounds per annum; and also it shall and may be lawful to and for the said commissioners, from time to time, when it shall appear to them that either or both of the said persons shall have been guilty of any neglect or misconduct, to remove either or both of them, and to appoint others in the room and stead of such as shall be to removed, or shall decline to act, or die.
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Commissioners by this act, once a year to lay before commissioners of impress accounts, an account of all sums received, and how applied;
to be signed by at to alt 7 commissioners, and treasurer.
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XVI. And to the end that all and every the sum and sums of money which shall arise, grow due, and be levied, from time to time, by force and virtue of this act, or may be borrowed pursuant thereto, may be properly and effectually applied to the purposes of this act; be it enacted by the authority aforesaid, That the commissioners appointed by this act shall once in every year, lay before the commissioners of imprest accounts a true and perfect account of all and every sum and sums of money which shall be received, levied, and borrowed as aforesaid, within the year immediately preceding the furnishing of such account, and also how, and in what particular manner the same shall have been applied, which account so furnishied shall be signed by at least seven of the said commissioners, and the treasurer.
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After 1 year from 25 Mar. 1700, commissioners to lodge annually with collector of the port a certificate signed by
commissioners of imprell accounts. stating, that they have accounted for all sums received, &c.
if certificate be not lodged with collector within 8 months after each year, collector not to pay any sums to commissioners;
sums to be kept until certificale shall be lodged, except sums necessary to pay interest of money borrowed.
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XVII. And be it further enacted by the authority aforesaid, That the said commissioners shall after the expiration of one year, to be computed from the twenty-fifth day of March, one thousand seven hundred and ninety, annually lodge and deposite with the collector of the port of Drogheda, a certificate signed by the commissioners of imprest accounts, which certificate the said last mentioned commissioners are hereby authorized and required to grant, without fee or reward, stating, that the said comissioners to be appointed by virtue of this act have truly and justly accounted in the manner above mentioned, for all and every sum or sums of money received, levied, or borrowed pursuant to this act, within the year immediately preceding the furnishing of such accounts as are above directed and required; and in case that eight months shall elapse after the expiration of said first year, or any subsequent year during the continuance of this act, without such certificate being lodged and disposed with the said collector, it shall not be lawful for the said collector to pay to the said commissioners appointed by this act any sum or sums received by virtue of this all, but he is hereby required and directed to keep and retain all such sums of money so received, until the certificate required by this act shall be lodged and deposited with him by the said commissioners, save and except such sum or sums of money as may from time to time be neccessary to pay the interest of any money borrowed pursuaut to this act.
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If any of said commissioners sign any order for money, to be applied otherwise than to the improvement and cleaning river, &c. and preserving works, and destraying expences of this act, and salaries of officiers;
each commissioner to forfeit the sum contained therein. to any person suing for the same within 5 years.
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XVIII. And be it further enacted by the authority aforesaid, That the said commissioners shall sign any order to the treasurer to pay any sum or sums of the money to raised and levied as aforesaid, to be applied to any other purpose but to the improvement and cleaning the river and harbour of said town, and preserving and maintaining the works that now are, or which may be hereafter erected for said purposes, and for desraying the expences of obtaining this act, and for the neccessary salaries of officers, each and every commissioner who shall sign such order, shall forfeit the sum contained in, or made payable by such order, to such person or persons who shall sue for the same, in any of his Majesty’s courts of record in Dublin, at any time or times within five years after the date of such order, wherein no essoign, protection, or wager of law, shall be allowed, and only one importance.
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Books to be kept as herein;
all entries in such books, signed by commissioners and treasurer, deemed originals, and admitted in evidence; books, &c. to be kept by treasurer, and to be open to the inspection of commissioners, and others and to a general assembly, or committe of corporation of town.
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XIX. And be it further enacted by the authority aforesaid, That the said commissioners shall cause books to be provided and kept, and shall, either by themselves or their treasurer, cause fair and regular entries to be made in such books of the several meetings, and names of the commissioners attending such meetings, and of the nominations of all officers, and of all acts, orders, and proceedings relative to the execution of this act, and of all orders for the payment or expenditure of all sum or sums of money raised and levied by virtue of this act, and the commissioners present and concurring in such orders and proceedings, together with their treasurer, shall subscribe their names at the end of the proceedings of every such meeting, and all entries of such books, being signed as aforesaid, shall be deemed originals, and shall be admitted to be read in evidence in all causes, suits, and actions, touching any thing to be done in pursuance and by virtue of this act, and such books shall be, as well as the cash accounts of the receipts and payments by the treasurer, kept by the treasurer to the said commissioners, and shall at every such meeting, and all other reasonable times, be open to the inspection of the said commissioners, of all persons any wise affected by this act, and to a general assembly, or to a committee of a general assembly of the corporation of said town.
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Treasurer not to act as commissioner.
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XX. And be it enacted by the authority aforesaid, That it shall not be lawful for any person appointed treasurer to act as a commissioner for carrying the purposes of this act into execution, but from the time that any commissioner shall be appointed treasurer lie shall case to act, or to exercise any power or authority as a commissioner under this act.
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No duties for improving the harbour, &c. to be demanded, except duties granted by this act, to which ships, &c, were liable by 3 G. 2.
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XXI. And be it further enacted by the authority aforesaid, That from and after the passing of this act, it shall not be lawful to demand or levy any of the rates or duties, for the purpose of improving or cleaning the harbour of said town, save and except the duties granted by this act, to the payment of which ships or vessels entering the port of said town are liable, by virtue of an act passed in the third year of the reign of his late Majesty George the second, entitled, An act for cleaning the ports, harbours, and rivers of the city of Cork, and the towns of Galway, Sligo, Drogheda, and Belsast, and for erecting a ballast-office in the said city, and each of the said towns.
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This act, so far as it relates to aforesaid duties, to be in force 12 years from 25 year 1790.
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XXII. Provided always, and be it further enacted, That this act, as far as relates to the levying and collecting the aforesaid duties of tonage on ships, shall be in force twelve years, from the twenty-fifth day of March next, and no longer.
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Mayor, for ever hereafter, to have power to determine causes in all debts under 23s and to exercise all authorities, &c. which the mayor heretofore had in court of confidence.
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XXIII. Whereas the court of conference, held before the mayor of the town, and county of the town of Drogheda, for determining causes in all small debts between party and party, under the value of ten shillings, has been of great use, and will be of still greater advantage to the inhabitants, if the jurisdiction of said court be extended to the determination of causes in all small debts between party and party, under the value of twenty-three shillings; be it therefore enacted by the authority aforesaid, That the mayor of said town, and county of the town of Drogheda, shall for ever hereafter have full power and authority to hear and finally determine causes in all final debts between party and party, under the value of twenty-three shillings; and shall for ever hereafter have and exercise all the powers, authorities, and jurisdictions, which the mayor of said town, and county of the town, hath heretosore had and exercised in the said court of confidence.
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Every person selling bread desicient in wt, as prescribed by 1 G. 2 to punished as set forth by said act.
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XXIV. And be it further enacted by the authority aforesaid, That every person who shall sell, or expose to sale, within said town of Drogheda, and the liberties thereof, any bread deficient in weight, according to the a size of bread prescribed by an act passed in this kingdom, in the first year of his late Majesty king George the second, entitled, An act for regulating the price and assise of bread and the markets, shall, upon conviction thereof, according to the methods prescribed by said act, be punished in such manner, and under such penalties, regulations, and allowances, as are set forth in said act, in cases where bread is desicient in weight.
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From 25 Mar. 1790, every baker to have marked on every loaf exposed to sale, the sort and price, or other mark ordered by mayor;
mayor to have power from time to time, by order in writing, to direct how bread shall he marked, &c, as herein.
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XXV. And be it further enacted by the authority aforesaid, That every common baker who shall make or bake for sale, or any way expose to sale, any fort of bread whatsoever within said town, or the liberties thereof, shall, from and after the twenty-fifth day of March next ensuing, fairly imprint or mark, or cause to be fairly imprinted or marked, on every loaf so by him or her made and exposed to sale, the sort and price of such loaf, or any other mark which shall be appointed by the mayor of said town for the time being, by order in writing under his hand, and that the said mayor of said town for the time being, shall have full power and authority, from time to time, by like order in writing, to limit, appoint, and direct how and in what manner each sort of bread shall be marked, for knowing the baker, maker, price, and sort thereof, and it make and set down any other reasonable rules and orders for the better regulating the mystery of making bread, and the several sorts thereof that shall be baked by the respective bakers within the liberties of said town and country of the town of Drogheda.
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At all times hereafter, from 25 Mar. 1790, mayor may enter in the day time, into any baker’s house. &c, or seller of bread, to weigh, &c.
if wanting in quality, working, or weight, or not truly marked;
or of other sort than allowed by act, &c.
such bread to be seized and distributed to the poor of the parish, or to prisoners;
if any baker, &c. shall mot permit search or seizure, &c.
forfeit 40s, to informer, to be recovered in a summary way,
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XXVI. And be it further enacted by the authority aforesaid, That it shall and may he lawful to and for the mayor of said town, at all times hereafter, from the twenty-fifth day of March next ensuing, in the day time, to enter into any house, shop, shall, bake-house, ware-house, or out-house, of or belonging to any baker or seller of bread within said town, or the liberties thereof, there to search for, view, weigh, or try all or any the bread of such persons, or which shall be there found; and if any bread shall be there found wanting either in the goodness of the stuff whereof the same shall be made, or be deficient in the due baking or working thereof, or shall be wanting in the due weight, of shall not be truly marked according to the regulations made in pursuance of this act, or shall be of any other sort than shall be allowed by virtue of this act, or by regulations made in pursitance thereof, that then, and in every such case, the said mayor is hereby authorized and required to take and seize the said bread, so found, and cause the same to be forthwith given and distributed to the poor of the parish where such seizure shall he made, or to the prisoners in the gaols, at his discretion; and if any baker, or seller of bread, or other person or persons, shall not permit or suffer search or seizure to be made, or shall oppose, hinder, or resist the same, he she, or they so offending, shall for every such offence forfeit the sum of forty shillings to the informer or informers, to be had and recovered upon conviction, by the consession of the party, or upon the oath of one or more credible witness or witnesses, before the mayor of said town, or any other justice of the peace for said town and county, and to be levied by distress and sale of the goods and chattles of every such offender, by warrant under the hand and seal of the said mayor, or such other justice of the peace, rendering the overplus, if any there be, the said forfeitures to be given to the informer or informers
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Vestries of the parishes of St. Peter and St. Mary may, on any day in the month of Aug. in every year, present sums, as herein;
and appoint persons to applot and levy sums presented, and to allow a sum not exceeding and in the L. for their trouble;
and to appoint overseers, &c.
who must account on oath to vestries; and to allow a sum not exceeding 2s, a day, for each day every director is employed; no person to Note at vestry until he has taken the following oath. Oath.
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XXVII. And be it further enacted by the authority aforesaid, That the vestries of the parishes of saint Peter and saint Mary, in the said town of Drogheda, to he held on any day in the month of August, in every year, may, and they are hereby empowered, if they think fit, to present such sum or sums of money as they shall judge neccessary, to be raised on the inhabitants of said parishes respectively, who reside in the said town, or any part of the suburbs thereof, for the paving, gravelling, and cleansing the several streets and lanes in the said town and suburbs, and for providing, erecting, lighting, maintaining, and repairing lamps to enlighten the said streets and lanes, and also to appoint proper persons to applot and levy the sum or sums to presented by the said vestries, and to allow the said persons any sum not exceeding twelve pence, for each pound so applotted and levied, forsoever trouble in applotting and levying the same, and to appoint proper persons to be directors or overseers for the expenditure of the money so presented, who shall be obliged to account on oath to the vestries of each parish for the same, and to allow the said persons any sum not exceeding two shillings, for each day every such director or overseer shall be necessarily employed in directing or overseeing such work; provided that no person shall have a right to vote at any such vestry, until he shall have first taken the following oath, if thereto required by any parishioner, which oath the minister or curate of each parish is hereby empowered to adiminister.
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1 A. B. da. fever or offem (as the case may be) that I am an house-holder in this parish, and that I live within the town or suburbs of Drogbeda, (as the case may be) and that I am worth one hundred pounds, over and above all the debts I owe, and that I am not a tenant at will for the house I live in.
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So help me God.
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A public act.
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XXVIII. And be it further enacted by the authority afortsaid, That this act shall be deemed, adjudged, and taken as a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without specially pleading the same.
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