City of Dublin Act 1729
CITY OF DUBLIN ACT 1729 | ||
CHAP. XIII. | ||
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. | ||
Recital 4 G. 1. 1I. | ||
ineffectual as to streets of Dublin. | ||
Lord mayor and seneschals shall execute the powers relating to the streets, without assistance of others in said acts. | ||
Church-wardens with directors of watch shall perambulate 4 times a year, and examine the pavements, &c. | ||
and in 6 days return to lord mayor, &c. | ||
to be filed, | ||
and entered in vestry-books. | ||
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, | ||
neglect appearing, penalty not above 5 l. nor less than 20 s. to complainant | ||
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. |