|
|
Lord mayor, on notice in writing that a common sewer is open, shall direct city surveyor to provide a watch and light, till repaired.
the like direction to constables by seneschals of the liberties,
who are to pay, and be reimbursed by presentment of the grand jury.
Penalty on lord mayor 40 s. every neglect:
on seneschals 20 s. by civil bill,
to the poor and informer.
Surveyor or constable neglecting,
penalty not above 20 s. not under 10 s. every night.
Watchman neglecting, penalty 5 s. every night.
Said forfeitures levied by warrant of a justice; or, if not granted in 24 hours, of a judge of B. R.
If reasonable cause not assigned by the justice, penalty 20 s.
all said forfeitures to the poor and informer.
|
VI. And whereas it often happens, that the common sewers and water-courses within the city of Dublin, and liberties and suburbs thereof, and the liberties of Saint Sepulchre’s, Thomas-court, and Donore, are laid open, or fall in, by means whereof the lives of his Majesty’s subjects, who may pass that way in the night time, are endangered: be it enacted by the authority aforesaid, That the lord mayor of the city of Dublin for the time being, having notice given to him in writing that any common-sewer or water-course is open or fallen in within his jurisdiction, shall forthwith give directions to the city surveyor to provide some sit person to watch by the same with a light from sun-set to sun-rise, until such breach shall be repaired and made up; and that the seneschals of the liberties of Saint Sepulchre’s, Thomas-court, and Donore respectively, shall after like notice given to them that any common-sewer or water-course is open or fallen in within their respective jurisdictions, give directions to the constable or constables of their respective liberties to provide some fit person to watch by the same in manner before directed; which said watch-man shall be paid by the said respective seneschals, who shall be reimbursed such money by the presentment of the grand jury of the said respective liberties; which said grand juries of the respective liberties aforesaid are hereby impowered to raise and levy such money, as other publick money is levyed within the said liberties; and in case the said lord mayor and the said seneschals, or either of them, shall fail to give such orders to the persons before mentioned within their respective jurisdictions, the said lord mayor shall for every such failure or neglect forfeit the sum of forty shillings for each night, he shall have so failed or neglected to give such directions, and the said seneschals, or either of them shall for every such failure or neglect forfeit the sum of twenty shillings sterling; the said penalty of forty shillings sterling on the lord mayor, and the said penalty of twenty shillings, to be recovered by civil bill at the quarter-sessions held for the county of Dublin and city of Dublin, which they are hereby impowered to hear and determine in like manner, as debts are recoverable by civil bill; one moiety of which said several penalties before mentioned shall go to the informer, and the other moiety to the poor of the parish where the offence is committed; and in case the city-surveyor, or constables of either of the said liberties, having received such directions, shall fail or neglect to provide some fit person to watch with a light in manner before directed, such city surveyor or constable shall for every night, they have not provided such fit person to watch as aforesaid, forfeit respectively a sum not exceeding twenty shillings, nor less than ten shillings sterling; and in case any watchman so appointed by the city-surveyor or constables as aforesaid shall neglect to watch with a light as aforesaid, he shall forfeit the sum of five shillings for every night, in which he shall be guilty of such neglect; the said forfeitures hereby imposed upon the said city-surveyor, constables, and watchmen, or any of them, to be levyed by distress and sale of the goods of such city-surveyor, constable, or watchmen, by warrant of any one of the justices of the peace of the city of Dublin or justices of the peace for the county of Dublin respectively, and, in case such justice shall refuse or neglect to grant such warrant for the space of twenty four hours, then and in such case by warrant of any one of the judges of his Majesty’s court of King’s bench, which they are hereby required to issue on oath made of such failure or neglect; and in case it shall appear to such judge upon examination of the party upon oath, that the said justice or justices of the peace, to whom application was made for such warrant, cannot assign some reasonable cause for his refusing or neglecting to issue such warrant, that then and in such case the said justice of the peace so refusing or neglecting to issue his warrant shall forfeit the sum of twenty shillings, to be levied by warrant under the hand and seal of such judge of the goods and chattles of the offender; one moiety of all such forfeitures imposed upon the city-surveyor, constables, watchmen, or justices of the peace, shall be applied to the use of the informer, and the other moiety to the use of the poor of the parish where such offence is committed, rendring the overplus to the owner (if any be) and in case sufficient distress cannot be found to levy the said forfeitures on the said watchmen, it shall be lawful for the said justice or judge to commit such watchman to the house of correction, there to be kept at hard labour for the space of ten days.
|
