| |
BOROUGH OF DROGHEDA ACT 1797
|
| |
CHAP. LVI.
|
| |
An Act to amend an Act passed in the Thirtieth Year of His present Majesty’s Reign, Entitled, An Act for the Improvement of the Port and Harbour of Drogheda, and the better Regulation of the Police of said Town.
|
| |
Quays are insufficient, and duties granted by 30 G. 3. are inadequate:
|
| |
waste ground and strand on East of town, and North of Bayne, would answer for quays and stores:
|
| |
commissioners appointed by recited act, may purchase strand and ground herein described,
|
| |
powers vested in foregoing commissioners.
|
| |
WHEREAS the quays in the port and harbour of Drogheda, are insufficient for the accommodation of ships and vessels resorting thither, and the duties granted by an act passed in the thirtieth year of his present Majesty, entitled, An act for the improvement of the port and harbour of Drogheda, and the better regulation of the police of said town, are inadequate to the purpose of extending the quay walls east of said town: and whereas there is a considerable extent of waste ground and strand on the east of said town, and on the north side of the river Boyne, which has never been applied to the use or benefit of any person whatsoever, and which if walled in would fully answer the purpose of affording quays sufficient for the accommodation of ships and vessels, and for the landing and shipping of goods and merchandize, and a sufficient depth of ground would remain for building houses and stores in front of the said river to the great accommodation of the trade of said town; 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 commissioners appointed by the said recited act, or any seven of them, be empowered to purchase from such person or persons who shall claim the same, and prove their title therein, all that waste strand and ground lying on the North side of the river Boyne, between the town of Drogheda and Green-Hills, in the county of the said town, meared on the North by the Strand road leading from Drogheda to the sea, and extending South to the low water mark of the river Boyne; and that all the powers vested by an act made in the thirty-first year of his late Majesty, King George the second, entitled, An act for making a wide and convenient way, street and passage, from Essex-bridge to the Castle of Dublin, and for other purposes therein mentioned, or by any other act or acts of parliament, explaining, amending, or enlarging the same, in the commissioners therein named, or their successors, shall be and are hereby vested in the foregoing commissioners, or any seven or more of them, for the purpose of purchasing or procuring the said waste strand and ground, and of erecting and building additional quays for the accommodation of ships resorting to said port and harbour, and the trade thereof: and that all and singular the clauses contained in the said acts, or any of them, which may be necessary for carrying the trusts hereby vested in the said commissioners, or any of them, into execution, shall be of as full force and effect touching the said waste strand or ground so to be procured and purchased by the said commissioners, or any seven or more of them, for the purposes aforesaid, and touching the several owners, proprietors and persons interested therein, as if the same were severally and specially enacted hereby in respect to the same.
|
|
|
Jury to value such waste ground according to its present state.
|
II. And be it further enacted, That where the value of such waste ground, or any part thereof, shall be submitted to a jury, the same shall be valued by such jury with respect to its present state, situation, and value, and not according to the additional value it shall or may acquire by the walling in and filling up and levelling of the ground, or by any future improvement to be made thereon.
|
|
|
Said ground, when purchased, shall be vested in commissioners.
|
III. And be it further enacted, That the said waste strand or ground, when purchased as aforesaid, and paid for, shall be vested in the said commissioners, and their successors, for the purposes aforesaid, and for no other purpose whatsoever.
|
|
|
It may be difficult to know who is interested in said ground:
pulication in Dublin Gazette, and Drogheda Journal, and passing on Tholsel door for 21 days, snah he faithcie notice of intention to purchase; and if not claimed 21 days after, vested in commissioners for ever.
|
IV. And whereas the said waste strand or ground having never been applied to the use or benefit, or in the occupation or possession of any person or persons, a difficulty may arise, and the said commissioners may not be able to obtain information, or to know who are the person of persons who may conceive themselves entitled to claim an interest therein, or in any part thereof, or on whom to serve proper notices of their intention to purchase the same for the purpose aforesaid, be it enacted, that it shall be deemed a sufficient notice to all persons interefted therein, that the said commissioners shall cause such their intention of purchasing the same, to be published for the space of twenty-one days in the Dublin Gazette, and Drogheda Journal, and that they shall cause notice thereof to be also posted on the Tholsel door of said town, for the said space of time, and that all and every part of such waste strand or ground as shall not be claimed by any person or persons for the space of twenty-one days thereafter, shall be and the same is hereby vested in the said commissioners and their successors, for the purposes aforesaid, and that the said commissioners shall have all and every the powers of walling in, filling and levelling, and afterwards disposing of the same, for the use and purpose aforesaid, as if the same had been claimed by any person or persons, and purchesed by said commissioners, either by agreement or by the award and valuation of a jury impannelled for that purpose, and that the said commissioners shall be for ever after freed and exonerated from any claim of right, title, orinterest of any person or persons of, in, or to the said ground, which shall not be made within the time hereby limited and appointed.
|
|
|
Commissioners may sell, or let in lots for building, as they carry on the work; rents to be paid to collector of Drogheda, towards in proving the port and harbour.
|
V. And be it further enacted, That as the said commissioners shall proceed in carrying on the work, and in walling in and levelling the ground, they shall be and they are hereby empowered to sell, or to let in perpetuity, and afterwards to sell and dispose of such part thereof in convenient lots for building houses or stores to front to the river Boyne; and that all money arising from the rents or sale thereof, shall be paid by the person or persons paying such rents or purchase money into the hands of the collector of the port of Drogheda, and become a part of the fund for improving the port and harbour of said town, for the purpose of enabling the said commissioners to extend the quays of said town, and to add to the accommodation of the shipping and trade thereof.
|
|
|
Notice of letting or selling ground, to be posted on Tholsel 10 Day, before dispotel, which shall be by auction.
|
VI. Provided always, That before any part of said ground after it be walled in and filled up, shall be let or sold, as aforesaid, the said commissioners shall cause notice to be posted of the letting or sale thereof, as the case may be, on the Tholsel door of said town, ten days at the least before the day of letting such lots of ground, or before the sale thereof, and that such lots of ground shall be let or sold by publick auction, at the Tholsel of said town, and not other wife.
|
|
|
How such buildings shall be erected.
|
VII. And be it enacted by the authority aforesaid, That all houses, stores, or other buildings which shall be erected on the said intended quay, and in front to the river, shall form a straight line from the present custom-house-quay, to the first jetty which stands cast of the town of Drogheda, and on the north side of the river Boyne, and shall range exactly with the two dwelling-houses on said quay which stand east of the custom-house, and that the intended quay wall if carried on to that extent, shall be continued in a straight line, parallel to the houses or other buildings so to be erected, and at the distance of ninety feet from such houses or buildings.
|
|
|
Duties by 30 G. 3. were granted for 12 years from 23 Mar. 1790:
improvements have been made, but the unexpired time will be insufficiend to complete the works:
30 G. 3. so for as relates to tonnage on ships, shall be in force 12 years from 25 Mar. 1797.
|
VIII. And whereas the duties appointed by the first recited act for improving the port and harbour of Drogheda, were granted for the term of twelve years from the twenty-fifth day of March, one thousand seven hundred and ninety, and will consequently expire on the twenty-fifth day of March, one thousand eight hundred and two, if not renewed by a grant for a further term: and whereas great improvements have been made in the navigation of said port and harbour, but the unexpired term of said grant, will prove insufficient for the purpose of completing the works intended to be carried on, so as effectually to six, consine, and deepen the whole of the channel of the river, between the said town of Drogheda and the sea, be it therefore enacted, that the said first recited act, so far as relates to the levying and collecting the duties of tonnage on ships thereby granted, shall be in force for twelve years from the twenty-fifth day of March, in this present year one thousand seven hundred and ninety-seven, and no longer.
|
|
|
Commissioners may draw on treasurer for expences of this act.
|
IX. And be it further enacted, That the commissioners appointed by and under the said first recited act, for carrying the same into execution, be and they are hereby empowered to draw on their treasurer for such sum or sums of money as may be necessary to desray the expences of this act, and that the said treasurer be, and he is hereby empowered to pay the same, which shall be allowed in his accounts.
|
|
| |
X. And be it further enacted by the authority aforesaid, That this act shall be deemed, adjudged and taken as a publick act, and shall be judicially taken notice of as such by all judges, justices, and other persons whtatsoever, without specially pleading the same.
|
