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Water Power in mayor, sheriffs, &c by 26 G. 3. c. 28.
1 G. 3. 19. f. 2.
powers thereby vested in common council and freemen vested in mayor, sheriffs, and commonalty,
and estate and property in water-courses; &c.
to grant under common seal shares of profits there-from to such freemen for such term of years, as by order confirmed by D’Oyer hundred.
on covenant to pay proportionable expence,
to make by act of council, confirmed by D’Oyer hundred, orders and bye laws as to water, &c. with penalties, as if herein enacted,
impowered to agree, notwithstanding any disability for liberty for ever, or any years, to take up water, dig canals. &c.
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X. And whereas by an act of Parliament made in the said first year of his Majesty’s reign, intituled, An act for building a stone bridge from the quay opposite Princes-street in the city of Cork, to Lavit’s Island, and a stone bridge from thence to the Red Abby Marsh, with a draw-bridge, or lifting-bridge of wood in the centre of the latter, sufficient to set 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 of Cork, and such freemen at large of the said city, as should be elected in open court of D’Oyer hundred: and whereas it is thought to be more adviseable to vest the said powers in the mayor, sheriffs, and commonalty of the said city of Cork with liberty to them to appoint a committee to execute the said powers: be it enacted by the authority aforesaid, That all and singular the powers, therein vested in the said common council and freemen shall be, and are hereby divested out of the said common council and freemen, and vested in the said mayor, sheriffs, and commonalty, and their successors for ever, in as full and ample manner, as they were in or by said last mentioned act vested in the said common council and freemen; and that the estate, property, right, and title in and to the reservoirs, canals, trenches, water-courses, and pipes, to be made, cut, or laid in pursuance, or by virtue of the said last mentioned act, together with all profits and advantages accruing from the same, or any of them, or from the water in them, or any of them, to be contained, shall be, and are hereby vested in the said mayor, sheriffs, and commonalty, and their successors for ever; and that it shall and may be lawful for the mayor, sheriffs, and commonalty of the said city, under the common seal of the said city, to grant any share or shares, dividend or dividends, of the profits arising from the said reservoirs, canals, trenches, water-courses, pipes, and water, or any of them, to such, freeman or freemen at large of the said city, and their executors, adiministrators, and assigns, and for such term of years, as the mayor, sheriffs, and common council of the said city by their order or orders, confirmed by the court of D’Oyer hundred of the said city, shall appoint; such freeman and freemen, to whom such share or shares, dividend or dividends, shall be so granted, covenanting for him and them, his and their heirs, executors, administrators, and assigns, with the said mayor, sheriffs, and commonalty to pay a proportionable part of the expence attending the making, digging, cutting, repairing, and keeping in order the said reservoirs, canals, trenches, water-courses, and pipes; and that it shall and may be lawful for the mayors, sheriffs, and common council of the said city of Cork, by act or acts of council confirmed by the said court of D’Oyer hundred, from time to time, to make such orders, regulations, and bye laws, concerning the making, preserving, repairing, or altering the said reservoirs, canals, trenches, water-courses, water, and pipes, with such penalties and forfeitures for the breach of the said orders, regulations, and bye laws, and to be recovered and applied in such manner, as to the said mayor, sheriffs, and common council shall seem reasonable: and that such orders, regulations, and bye laws, shall be of the same force, and have the same efficacy, as if they were herein particularly set forth and enacted; and that it shall and may be lawful for the said mayor, sheriffs, and commonalty to agree with any person or persons, seized or possessed of any estate in fee, or in tail, or for life or lives renewable for ever, or for any term for years, in the county of Cork at certain annual rent or rents, or otherwise, as shall be agreed on to be paid by the said mayor, sheriffs, and commonalty, and their successors, to such person or persons, his, her, or their heirs, executors, administrators, or assigns, for liberty for ever, or for any number of years which shall be agreed on, to take up water from any river on the estate or grounds of such person or persons, and to cut, make, and dig canals, trenches, or water courses, for conveying the said water through the estate or grounds of any of the said person or persons; and that any of the said person or persons, notwithstanding any disability by coverture, settlement, intail, or other impediment, is and are hereby impowered to grant and demise the aforesaid liberty to the said mayor, sheriffs, and commonalty, and their successors.
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