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CITY OF DUBLIN ACT 1729
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CHAP. XIII.
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An Act for explaining and amending the several laws now in force for the paving and cleansing the streets of the city of Dublin, and the liberties of Saint Sepulchre’s, Thomas-court, and Donore, and for other purposes therein mentioned.
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Recital 4 G. 1. 1I.
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ineffectual as to streets of Dublin.
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Lord mayor and seneschals shall execute the powers relating to the streets, without assistance of others in said acts.
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Church-wardens with directors of watch shall perambulate 4 times a year, and examine the pavements, &c.
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and in 6 days return to lord mayor, &c.
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to be filed,
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and entered in vestry-books.
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Lord mayor, &c. not executing the trust in 6 days, on petition to a judge of B. R. copy and summons first served, said judge may examine summarily,
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neglect appearing, penalty not above 5 l. nor less than 20 s. to complainant
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WHEREAS the statute made in the fourth year of the reign of his late Majesty King George the first, intituled, An Act for the better amendment of the pavements, and more effectual cleansing the streets of the city of Dublin, and for removing encroachments and nuisances that are or shall be erected therein, and preventing mischiefs occasioned by drivers of carts, drays, or carrs, riding thereon; and for regulating the selling of bay in the city of Dublin and liberties thereunto adjoyning, and also one other statute made in the sixth year of his said late Majesty’s reign, intituled, An Act for the more effectual amendment of the pavements of the several counties of cities and counties of towns in this kingdom; and for preventing mischiefs that may happen by fire in the city of Dublin; and for augmenting the number of hackney coaches and chairs in the said city, have proved ineffectual, so far as the same relate to the amendment of the pavements, and cleansing the streets, and removing encroachments and nuisances within the said city of Dublin, and liberties of Saint Sepulchre’s, Thomas-court, and Donore: for remedy whereof 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 from and after the twenty fifth day of March one thousand seven hundred and thirty the lord mayor of the city of Dublin, and the seneschals of the several liberties of Saint Sepulchre’s, Thomas-court, and Donore, and their successors respectively for the time being, shall and may, and are hereby required, authorized, and impowered, to execute the powers vested in them and others in and by the said act in relation to the sweeping the streets and lanes, and carrying away the dirt and filth thereout; and also in relation to the pavements of the streets and lanes within the said city and suburbs, and the liberties thereof, in as full and ample manner as they were impowered and required to do in and by the said former acts, without the assistance and concurrence of the several other persons, who were required to joyn with them in and by the said recited acts; which said other persons from and after the said twenty fifth day of March one thousand seven hundred and thirty are hereby discharged of and from all the powers and trusts, which were vested in them in relation to the sweeping and cleansing the streets in and by the said former acts; and from and after the said twenty fifth day of March one thousand seven hundred and thirty the church-wardens of each parish, with any two or more of the directors of the watch in each parish within the said city, suburbs, and liberties, are hereby strictly charged and required to perambulate all the streets and lanes within their several parishes four times at least in the year: (viz.) the first week in May, the first week in September, the first week in November, and the first week in February, and to examine, fee, and enquire, whether there be any and what defects in the pavements, or any and what default or neglect in cleaning the said streets and lanes, or in carrying away the dirt and filth thereof, according to the said acts, and to prepare and make particular returns thereof within six days after each perambulation to the said lord mayor and seneschals respectively for the time being; which returns shall be filed in the Tholsel office and with the seneschals of the several liberties respectively, as also entered in the vestry books of each respective parish, to the intent that all and every person and persons requiring the same may resort thereto, and take copies thereof without fee or reward; and the said lord mayor and seneschals are hereby required to execute the trust reposed in them by this and the said former acts, and fee the same be duly complied with according to the said returns; and if they or any of them shall fail or neglect to do the same by the space of six days from and after the time hereby appointed for the delivering in of such return, the minister and church-wardens, or any of them, or any other person or persons whatsoever, shall or may prefer a petition in nature of a complaint to any one of the judges of his Majesty’s court of King’s bench, setting forth the return or returns so made, and the particular neglects or defaults of or in the persons intrusted with the execution of the said acts; and such of the persons complained of being first served with a copy of the said petition or complaint, as also with a summons signed by the said judge; appointing the time and place of appearance, which the said judge is hereby authorized and required to issue without fee or reward, shall within twenty four hours after such service appear before the said judge and answer the said charge; and the said judge, upon affidavit made of such service, as well in the absence as in the presence of the person complained of, shall and may, and the said judge is hereby impowered and required to proceed to examine into the said complaint, and finally to hear and determine the same, by the oath or oaths of one or more credible witness or witnesses in a summary way; and in case the person complained of shall before the said judge appear to be guilty of any neglect or default in the said petition mentioned, such person for every such neglect and default shall forfeit and pay any sum not exceeding five pounds, nor less than twenty shillings, at the discretion of the judge, to the person so complaining; to be levied by distress and sale of the goods of the offender by virtue of a warrant, which the said judge is hereby impowered and required to issue to such constable or other officer, as he shall appoint, rendering the overplus (if any) to the owner.
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Disputes of the level of pavements determined by lord mayor, &c.
who, if not paved accordingly in 6 days, may cause it to be done, and assess inhabitants of houses adjoining.
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II. And whereas great inconveniences happen for want of due levels made in the pavements of the several streets and lanes of the said city, and the liberties thereunto adjoyning, for carrying off the water, and many disputes may arise between the inhabitants concerning the manner of placing the said levels: be it enacted by the authority aforesaid, That from and after the said twenty fifth day of March one thousand seven hundred and thirty it shall and may be lawful to and for the lord mayor of the said city for the time being, and to and for the said several seneschals within their respective liberties, upon any dispute concerning the level of any pavements to determine and fix such level, and to direct the inhabitants to pave such streets and lanes accordingly; and, in case they shall refuse or neglect so to do by the space of six days after notice given, to cause the same to be paved according to such his direction, and to assess and applot the charge of making such levels on the inhabitants of the houses adjoyning, and for non-payment thereof to levy such cess by distress and sale of the goods of such inhabitants, as in such cases is usual, rendering the overplus (if any) to the owner.
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Scavengers not doing duty, any person may sweep and carry away the dirt,
and shall be paid by treasurer, &c. 5c. each cart load.
on non-payment, it shall be levied on complaint to a judge of B. R. by warrant,
Treasurer, &c. may retain (except costs) out of scavenger’s salary.
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III. And be it also enacted by the authority aforesaid, That in case the scavenger, or any other person or persons employed to sweep the said streets and lanes, and carry away the filth and dirt thereof, shall fail or neglect to do the same in such manner, and at such times, as the same is directed to be done by the said acts, it shall and may be lawful to and for the church-wardens and overseers of the watch in their respective parishes, or any of them, or any other person or persons whatsoever, to cause the said streets and lanes to be swept, and the dirt and filth to be carried thereout, and that the sum of five shillings sterling shall be paid out of the treasury of the said city to the person or persons, who shall do or cause the same to be done, for each cart load of dirt or filth that shall be so carried out of any of the streets or lanes belonging to the said city, by the treasurer or other officer, who is or shall be intrusted with the receipt and payment of the money belonging to the said city, to the person to whom the same is to be paid, demanding the same, and making it appear by one or more affidavits how many cart loads were so carried out, and the sum of five shillings for each cart load of dirt which shall be so carried out of any of the streets or lanes belonging to the liberties of Saint Sepulchre’s, Thomas-court, or Donore respectively, by the seneschals of the said liberties respectively, or other officer who shall be intrusted with the receipt and payment of the money raised in the said liberties for cleansing the said streets; and in case such treasurer, seneschal, or other officer shall neglect or refuse to pay the same, then upon complaint to any one of the judges of the court of King’s bench it shall and may be lawful to and for the said judge and he is hereby impowered and required, to issue a summons, and upon service thereof to proceed in a summary way upon the said complaint by examining witnesses to the truth of the facts therein alledged; and in case it shall appear to the said judge, that the sum demanded ought to have been paid according to the intent and true meaning of this act, then the said judge is hereby required to issue his warrant to any constable, or such other officer as he shall appoint to levy the said sum, with such costs as he shall think fit, by distress and sale of the said treasurer’s, seneschal’s, or other officer’s goods, returning the overplus to the owner; and the said treasurer, seneschal, or other officer may, if he thinks fit, retain the sum levyed (except the costs) out of the scavanger’s salary or wages.
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Constables chosen at vestry, and returned to lord mayor, shall be sworn, unless reasonable cause for disapprobation, on affidavit, and certified in 8 days to the minister, and filed:
10 G. I. 3.
Church-wardens by order of vestry may lay it before a judge of B. R. and if disapproved, a new election.
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IV. And whereas several mischiefs have happened by the lord mayor’s frequent disapproving of persons, who have been chosen to serve as constables at the several vestries, and presented or returned to the said lord mayor to be sworn into the said office, and that without any reasonable cause assigned: for remedy whereof be it enacted by the authority aforesaid, That every person, so returned to serve as constable, shall be sworn into the said office, unless disapproved for a reasonable cause, to be made appear by one or more affidavits, and unless such disapprobation with the reasons thereof be certified under the hands of the lord mayor and recorder, and returned to the minister of the parish within eight days after such constable shall be so returned to the lord mayor and filed with the clerk of the vestry; which certificate shall be granted and filed without fee or reward; and if the parishioners in vestry assembled shall think themselves aggrieved by such disapprobation, and that it is not reasonable and sufficient, it shall and may be lawful to and for the church-wardens of such parish by an order of vestry to lay the same before any one of the judges of his Majesty’s court of King’s bench, who upon hearing the matter is hereby impowered and required under his hand and seal to approve or disapprove of the person or persons so chosen and presented, and in case such judge shall disapprove of such person or persons, the parishioners shall proceed to a new election.
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the name of constable’s deputy shall be returned to vestry,
and if disapproved, vestry shall appoint one.
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V. And whereas persons chosen into the office of constable are some times permitted to execute the same by deputies, which deputies are often unfit for so great a trust: be it enacted by the authority aforesaid, That every constable so chosen, who shall desire to act by a deputy, shall return the name of such deputy to the parish in vestry assembled, who may approve or disapprove of the same, and if the person so returned shall be disapproved, the vestry shall nominate and appoint a deputy-constable at their discretion.
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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.
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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.
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Watchman, on default of distress, sent to the house of correction 10 days.
When fit scavengers presented at any leet for the liberties, grand jury shall ascertain annual sums payable by inhabitants, as effectual as if by 6 G. I. 15. Sec. 4.
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VII. And be it further enacted by the authority aforesaid, That when any fit person or persons shall be presented for scavenger or scavengers at any court-leet to be held for the liberties of Saint Sepulchre’s, Thomas-court, and Donore, the grand juries of the said respective liberties shall in such their respective presentments ascertain the annual sum or sums of money, which shall be paid by the respective inhabitants of the said liberties for cleansing the streets and lanes of the same; which presentment shall be as effectual in that behalf, as if the same were made in any court-leet for the said liberties held immediately after Easter, as was directed by an act made in the sixth year of the reign of his late Majesty King George the first, intituled, An act for the more effectual amendment of the pavements of the several counties of cities, and counties of towns in this kingdom; and for preventing mischiefs that may happen by fire in the city of Dublin; and for augmenting the number of backney-coaches and chairs in the said city; the said act, or any law or statute, to the contrary in any wife notwithstanding.
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and in the presentment name applotters,
to be sworn
Inhabitants not paying, levied by distress, on seneschal’s warrant.
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VIII. And be it further enacted by the authority aforesaid, That the grand juries for the said liberties respectively shall also in such presentment name two or more applotters, who shall be sworn in open court equally and indifferently to applot such sum or sums of money upon the several inhabitants of the said respective liberties; and in case any of the inhabitants thereof shall neglect or refuse to pay the sum so applotted to be paid by him or them respectively to the said scavenger by the said presentment, that then and so often the seneschals of the respective liberties shall issue a warrant under their hands and seals to levy the same by distress, and cause so much of the offenders goods to be sold, as shall pay the scavenger the sum, that the said offender was obliged to pay by the said presentments and applotment, rendring the overplus to the owner.
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Light erected in Waterford and Galway by persons appointed under corporation seal.
as by 6 G. 1. 18.
The like method of charging inhabitants,
and remedy for non-payment.
the like penalties,
and privilege to persons sued for acting.
Replevins heard summarily by chief magistrate.
Appointees in 21 days to give 500 l. security, take the oaths, &C.
to continue during good behaviour.
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IX. And whereas the erecting and putting up lights in the cities of Dublin, Corke, and Limerick hath been found to be of great use for preventing murders and robberies there; and that the putting up the like and regularly keeping them in the city of Waterford, and town of Galway, and liberties thereof, may prevent the like evils and other mischiefs therein: be it enacted by the authority aforesaid, That it shall be lawful for the said city of Waterford and town of Galway by writing under their respective corporation seals from time to time to nominate and appoint such person or persons, as to them shall seem proper, to erect and put up such lights in the said city and town, and the liberties thereof; which persons so to be nominated and appointed, and no other, shall have full power and authority to erect and put up lights in the said city and town, and liberties thereof, in the same manner, of the like kind, dimensions, fashion, and goodness; and set up of the same height, and placed at the like distance; and to be maintained with good and sufficient lights, to be lighted up and continue burning with double wick, and a sufficient quantity of rape-oyl of the produce of this kingdom; or of sunfish-oyl made in this kingdom, as directed by an act of Parliament made in the sixth year of the reign of his late Majesty King George the first, intituled, An act for erecting and continuing lights in the city of Dublin, and the several liberties adjoining; and also in the cities of Corke and Limerick, and liberties thereof; and for the paying and bearing all the charges and expences of all the said lanthorns and publick lights so to be erected and maintained, there shall be allowed and paid by the inhabitants of the said city and town, and the liberties thereof respectively, the like sum and sums of money, by such payments, and at such times, and in like manner, as is appointed by the before mentioned act to be paid in the said cities of Dublin, Corke, and Limerick, and the liberties aforesaid for the lights there erected; and that the persons, so to be nominated and appointed as aforesaid, shall by themselves or servants have full power and lawful authority to collect, distrain, and receive to his or their own use all such sum and sums of money, as shall be payable for erecting and maintaining such lights, according to the rates and in such manner as by the aforesaid act is appointed for erecting and maintaining lights in the said cities of Dublin, Corke, and Limerick, and in case of non-payment by the space of twenty one days after demand made it shall and may be lawful to and for such person or persons, as shall be nominated and appointed as aforesaid, or their servants within the said city and town, and liberties respectively, from time to time and at all times hereafter, as often as there shall be occasion, to distrain for such assessment or rates upon any inhabitant, that shall refuse or neglect to pay the same, and to make sale of such distress or distresses, deducting thereout what shall be really due, returning the overplus to the owner; and in case the person or persons so to be nominated and appointed as aforesaid, or those to be employed by them to attend the said lamps, shall be negligent in performing their duties respectively in erecting and fitting of Lanthorns and lamps in all convenient places within the said city, town, and liberties, or in maintaining the lights and snuffing them, and cleansing the glass of the lanthorns, as they ought to be, or if any person or persons employed to attend the lamps shall imbezle or misapply the oyl, cotton, or wick, delivered to him or them, or if any person or person shall wilfully and maliciously break any lanthorns or lights, or pull out any irons fixed for holding them, or break any glass-windows or pallisadoes, and shall be thereof convicted before the chief magistrate of the said city or town respectively for the time being, in like manner as mentioned in the aforesaid act relating to the cities of Dublin, Corke, and Limerick, such person and persons shall forfeit for every such default, neglect, or offence, such and the like forfeitures, as are mentioned in the said act, to be levied and disposed of, and suffer such penalties, as the said act directs, with like privilege to any person or persons, that shall be sued for doing or causing to be done any thing in pursuance hereof, of pleading the general issue, and giving the special matter in evidence, and having such costs, as is mentioned in the aforesaid act relating to Dublin, Corke, and Limerick; and if any replevins shall be brought or prosecuted for any distress to be taken by virtue hereof, the same shall be heard summarily and finally determined by and before the chief magistrate of the said city and town respectively for the time being, and not elsewhere, in like manner as by the said act the lord mayor of Dublin, and the mayors of Corke and Limerick, are to determine such replevins; and that the person or persons, that shall be nominated and appointed as aforesaid shall in twenty one days after being so nominated and appointed enter into security of five hundred pounds sterl. before the respective chief magistrate of the said city and town for true performance on their parts of all, that ought to be observed and performed by them according to the directions of the aforesaid act relating to the cities of Dublin, Corke, and Limerick, and at the same time take before such chief magistrate the oaths, and subscribe the declaration, mentioned in the act to prevent the further growth of popery, and continue in such office or employment respectively during good behaviour, and no louger.
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Pattern-lanthorn and irons kept by chief magistrate.
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X. And be it further enacted by the authority aforesaid, That a pattern-lanthorn and irons shall be deposited with, and always kept by, the chief magistrate of the said city and town respectively, as directed by the aforesaid act to be deposited with the lord mayor of Dublin, and the mayors of Corke and Limerick, to the intent the lamps may constantly be kept up according to the dimensions of the said pattern.
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