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CITY OF CORK ACT 1761
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CHAP. XVIII.
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An Act for the more easy and equal assessing and applotting all money presented by the grand jury of each assizes to be held for the city, and county of the city, of Cork; and for putting the coaches, chaises, chairs, and sedans, that ply for hire in the said city, under the like regulations, for the benefit of the work-house of Cork, as they are in Dublin; and also for the better regulating the harbour of Cork.
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33 G.2. 7. ineffectual:
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county of the city of Cork above 96 plow-lands:
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grand jury thereof shall present 26 inhabitants applotters of all publick money at assizes;
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sworn to applot equally, &c.
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mayor to administer the oath without see, and summon applotters.
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WHEREAS by an act made in the seventeenth session of his late Majesty King George the second, intituled, An act for the more equal assessing and collecting and assessing of publick money in counties of cities, and counties of towns, hath been found ineffectual and insufficient in several counties of cities for the purpose thereby intended: and whereas the county of the city of Cork is a very large and extensive county, and contains upwards of ninety six plow-lands of uncertain acreage and measure: 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 from and after the first day of June one thousand seven hundred and sixty two the grand jury of each assizes, to be held for said city and county of the said city of Cork, shall present twenty six persons out of the inhabitants of the said city and county, by the name of applotters, for assessing and applotting all publick money, presented to be raised in the said city, and county of the said city, at the said several assizes; and that the said applotters shall severally and respectively make oath on the holy evangelists equally and impartially, according to the best of their skill and knowledge, to applot and assess all publick money, so appointed to be raised; and that the mayor of the said city for the time being may be impowered and required to administer the said oath (for which oath no fees shall be taken) and to summon the said applotters to appear before him to take said oath.
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Constables in a month from 1 st of assizes shall on oath return to the mayor names and abodes of inhabitants in their limits:
returned to one or more applotters on taking said oath.
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II. And be it further enacted by the authority aforesaid, That the several and respective high and petty constables of the said city and county of the said city of Cork shall within one kalendar month, to be computed from the first day of each assizes, deliver unto the mayor of the said city upon oath a true return in writing of the names and places of abode of the several inhabitants or house-keepers within their respective limits; which oath the said mayor is hereby impowered to administer without see as aforesaid; and that the mayor of the said city shall deliver in the said returns of the said constables to any one or more of the said applotters, at the time of his and their taking before him the applotters oath before mentioned.
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any 7 applotters in 3 months from 1st of assizes shall meet and applot such publick money by 13 divisions into which Cork for time immemorial divided, and constables distinctly appointed:
the 13 divisions.
Applotters shall make regular entries in a book provided by city treasurer,
and subscribe each applotment;
and ascertain the sums, as usually charged, according to the plowland and acre;
and on each inhabitant, where usually charged according to substance;
and in 10 days deliver to treasurer; conclusive.
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III. And be it further enacted by the authority aforesaid. That the said applotters, or any seven or more of them, shall within three months from the first day of every assizes, in which such money shall be appointed to be raised, from time to time assemble and meet together, and applot and assess such publick, money on the several inhabitants and lands in the said city, and county of the said city, by thirteen distinct applotments for the several divisions following, into which the said city of Cork hath for time immemorial been divided, and for which divisions high and petty constables for time immemorial have been distinctly appointed (that is to say) one applotment for the north liberties of the said city, a second for the south liberties of said city, a third for the north suburbs of said city, a fourth for the south suburbs of the said city, a fifth for the north east quarter of said city, a sixth for the north west quarter of said city, a seventh for the south east quarter of said city, an eighth for the south west quarter of said city, a ninth for the north east quarter of the parish of Saint Mary Shandon in said city, a tenth for the north west quarter of the parish of Saint Mary Shandon in said city, an eleventh for Mallow Lane and Fair Lane in said city, a twelfth for the parish of Saint Paul in said city, and a thirteenth for the parish of Saint Finbary in said city: and that the said applotters, or any seven or more of them, shall make regular and fair entries of all such assessments or applotments in a book, to be kept by them for that purpose, and to be provided for them by the treasurer of the said city, and each distinct applotment or assessment to be subscribed with the names of such applotters so assembled; and that said applotters shall ascertain and applot the sums, to be raised upon such parts of the county of the said city, as have been usually charged according to the plow land, and upon such parts as have been usually charged according to the acre; and as to such parts of the said city and county thereof, as have been heretofore usually charged according to the substance of the inhabitants, they shall ascertain and applot the sum to be paid by each inhabitant; and that the persons, making such assessments or applotments respectively, shall, within ten days after such assessments or applotments being made and signed by them as aforesaid, deliver or cause to be delivered to the said treasurer the said book containing the said assessments or applotments; and that the assessments or applotments contained therein shall be final and conclusive to all parties.
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Applotters not appearing 4 days after summons, or without cause absenting, so that not sufficient number,
Penalty 10 l. by civil bill next assizes by city treasurer, accounted for as publick money.
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IV. And be it further enacted by the authority aforesaid, That in case any of the said applotters shall neglect or refuse to appear before the said mayor to take the said applotters oath by the space of four days next after his being served with the mayor’s summons for that purpose, or absent himself from any such assembly without being able to shew reasonable cause for the same, so as that a sufficient number shall not meet to assess such publick money, every person, so neglecting or refusing to appear before the said mayor, and take said oath, or absenting himself, shall for every such offence forfeit the sum of ten pounds sterling, to be recovered by civil bill before the next going judges of assize for the said city and county of the said city of Cork, by the treasurer of the said city; and that the said treasurer may be authorized and required to sue for the same, and that the money so recovered shall be accounted for by the said treasurer at the next ensuing assizes as part of the publick money.
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Constables of said divisions shall by treasurer’s warrant collect sums applotted,
and pay to treasurer before assizes next after presentment.
who shall every assizes make up accounts on oath, and lay them with treasurer’s affidavit at foot thereof, before grand Jury 1st day of assizes,
entered in county-book with their observations:
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V. And be it further enacted by the authority aforesaid, That the several constables of the said several divisions of the said city, and county of the said city, shall within their respective limits collect by warrant under the hand and seal of the said treasurer, (which warrant the said treasurer is hereby impowered to grant) the several sums so presented and applotted as aforesaid, and shall pay in the said several sums to the said treasurer before the assizes next ensuing the said assizes, at which the same shall be so presented; and that the said treasurer shall at every assizes make up his accounts upon oath of all his receipts and payments of the said publick moneys so received by him, and shall return and lay the said accounts fairly written, with the affidavit of the said treasurer at the foot thereof, taken before the judge of assize without see, verifying the truth of such accounts, on the first day of every assizes before the grand jury of the said city, to be viewed, allowed, or disapproved of by the said grand jury; and that the said grand jury shall cause the same to be entered in the book of the county of the said city, with such observations as they shall think fit: and in default of such return that it shall and may be lawful for the respective judges of assize to fine such treasurer in any sum, not exceeding the sum so presented and applotted as aforesaid, and to commit such treasurer in execution for the same.
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in default of return, treasurer fined not above the sum applotted and committed.
Constables not making returns to the mayor fined at assizes, not above 10 l. and committed;
not collecting, or paying to treasurer, fined by judges discretion, not above the sum appointed to receive, and committed.
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VI. And be it further enacted by the authority aforesaid, That if any of the said constables shall neglect, omit, or refuse to make the aforesaid returns to the mayor of the said city, or to collect the sums so presented and applotted, or to pay in the same to the treasurer of the said city, within the time herein before appointed for that purpose, it shall and may be lawful to and for the respective judges of assize to fine the said constables so neglecting, omitting, or refusing to make the said return, in any sum not exceeding ten pounds, and to commit such offenders in execution for the same; and for omitting, neglecting, or refusing to collect the sums so presented and applotted, or to pay in the same to the treasurer, in such sum or sums of money as to the said judges shall seem proper, not exceeding the sums, that such constables shall by the warrants of the said treasurer be appointed respectively to receive, and to commit the said several offenders in execution for the same.
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on non-payment constables may, on oath of demand and refusal 5 days, levy on treasurer’s warrant by distress and sale on 5th day by publick cant.
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VII. And be it further enacted by the authority aforesaid, That in case the occupier or occupiers of the said several houses and lands in the said city, and county of the said city, shall refuse to pay the sum or sums so applotted and assessed, it shall and may be lawful to and for the said several constables within their respective limits by warrant under the hand and seal of the said treasurer (oath being first made by the constable or constables of his or their having made a demand of the said sum or sums to applotted or assessed, and of the same being refused to be paid for the space of five days after demand so made; which oath the said treasurer is hereby impowered to administer without fee) to distrain the goods and chattles of the person or persons so refusing, and to sell the same by publick cant on the fifth day after the taking the said distress, for the payment and discharge of the said respective sum or sums so assessed, unless paid within the said time; rendering the overplus (if any be) to the owners.
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Presentments at the 3 former assizes, or next Lent assizes, shall in 3 months after next summer assizes be equally assessed by applotters, or any five, then nominated, as aforesaid.
and collected and paid as aforesaid.
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VIII. And whereas several sums of money were at the several date assizes, held for the county of the said city, (to wit) at the several assizes held for the county of the said city on the twenty seventh of March one thousand seven hundred and sixty, on the seventh of August one thousand seven hundred and sixty, and on the twenty-seventh of March one thousand seven hundred and sixty-one, presented by the respective grand juries of the said several assizes, to be raised for the purposes in the said presentments respectively mentioned: and whereas the grand jury of the said city at the next lent assizes, to be held for the county of the said city, may present several further sums of money to be raised in the county of the said city: and whereas the sums, so already presented to be raised at the said three former assizes, or to be presented to be raised at the said next Lent assizes, cannot, for want of being properly applotted, be collected or raised: be it therefore further enacted by the authority aforesaid, That the several sums, so presented to be raised at the said three former assizes, or to be presented to be raised at the next Lent assizes, shall within three months after the next summer assizes, to be holden for the county of the said city, be equally and impartially assessed by the applotters, or any five or more of them, to be nominated at the said next Summer assizes in manner herein before appointed; and that the said several sums shall be collected, raised, and paid in such manner, and with such remedy and powers, as are herein before contained for applotting and raising all publick money, to be presented to be raised at every assizes to be holden for the said city and county of the said city of Cork, from and after the said first day of June one thousand seven hundred and sixty-two.
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Persons sued for acting may plead general issue, &c.
double cost on nonsuit &c.
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IX. And be it further enacted by the authority aforesaid, That if any suit shall be commenced against any person or persons for any act done in pursuance of this act, the defendant may plead the general issue, and give the special matter in evidence; and that if a verdict be given for the defendant, or the plaintiff become nonsuited, or discontinue his action, the defendant shall have double cost.
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Continuance of so much of this act 2 years, &c. from 1 June 1762.
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X. And be it further enacted by the authority aforesaid, That so much of this act, as is herein before contained, shall remain and be in force for two years from the first day of June one thousand seven hundred and sixty-two, and from thence to the end of the next sessions of parliament, and no longer.
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Governors of work-house in Cork, 15 present, shall licence for 21 years from 1 June 1762 hackney coaches, chairs &c. in Cork or the Liberties;
and limit the number from time to time;
on payment of 20s. fine;
reserving 20 s. yearly each coach or post-chaise,
each chair 10s.
payable quarterly:
with covenants for payment as by said governors thought fit.
Penalty 10 l. every coach or post-chaise plying without licence;
5 l. every chair.
when licenced, marked and numbered on each side:
Penalty 30 s. for going without, or defacing or changing such mark.
said several sums, rents, and penalties, paid to treasurer for the work-house
Penalties recovered before said governors, or any 5, summarily, on oath, after 1 summons.
and levied on warrant by distress and sale, if not paid in 10 days;
for want of distress, to house of correction, not exceeding a month.
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XI. And whereas several persons have for some years past kept hackney coaches, post chaises, chairs, and sedans, to ply for hire within the said city of Cork, and the liberties thereto adjoining: and whereas the regulating the rates and fares of the said hackney coaches, post chaises, chairs, and sedans, and of the drivers and carriers of the same, within the said city and liberties, will prevent many impositions being made on the inhabitants of the said city and liberties, and will tend to provide for the uses of the work-house established in said city; be it enacted by the authority aforesaid, That from and after the first day of June one thousand seven hundred and sixty-two the governors of the work-house of the said city of Cork, fifteen at least being present, shall and may be authorized and required under their common seal to licence for the term of twenty one years from the said first day of June one thousand seven hundred and sixty-two all such person or persons, as shall keep, drive, or carry any hackney coaches, post-chaises, chairs, or sedans, plying for hire within the said city of Cork or liberties thereto adjoining, and from time to time to limit the number of such coaches, post-chaises, chairs, and sedans, as the said governors shall think proper; and that the governors of the said work-house shall for every licence, to be granted for each coach and post chaise, be paid the sum of twenty shillings by way of fine, before such licence shall be delivered; and that upon every licence for each coach or post-chaise there shall be reserved to the governors of the said work-house and their successors the yearly rent of twenty shillings, and for each chair or sedan ten shillings; to be paid quarterly, on every first day of September, first day of December, first day of March, and first day of May in every year; with such covenants therein to be inserted for the more effectual payment thereof, as the said governors, or any fifteen or more of them shall think fit: and that no person shall keep, drive, carry, or let to hire any coach, post-chaise, chair, or sedan, to ply within the said city or liberties, without such licence first obtained, under the penalty of ten pounds for every coach or post-chaise, and five pounds for every chair or sedan, which shall so ply contrary to this act; and that every coach, post-chaise, chair, or sedan, so to be licenced, shall have a mark of distinction by a figure on a large brass plate, with the number in large figures; and that the said mark shall be placed on each side of every such coach, post-chaise, chair, or sedan, in such manner as the said governors shall think proper, and that every coachman, driver, chairman, or carriers of any coach, post-chaise, chair, or sedan, plying for hire as aforesaid, who shall drive or carry without such mark of distinction or figure any coach, post chaise, chair or sedan, or if any person shall blot out, deface, or change the mark or figure appointed for such coach, post-chaise, chair, or sedan, every person, so offending, for every such offence shall forfeit thirty shillings: and that the said sums so to be paid for licences, and the yearly rents to be reserved therein, and also the aforesaid several penalties, shall go, and be paid to he treasurer of the said work-house for the use of the said work-house; and that the said several penalties aforesaid, and also the several penalties and forfeitures herein after mentioned, shall and may be recovered before the governors of the said work-house, or before five or more of them, in a summary way, on proof being made before them on oath, after one summons to the party offending, and shall be levied by distress and sale of the offenders goods and chattles by warrant under the hand and seal of such governors, or any five or more of them, unless such penalty be paid within ten days after such distress be taken, and that the overplus; (if any be) all charges being deduced, be paid to the owner; and that in case no sufficient distress can be had to answer the said penalties respectively, the person and persons so offending shall by warrant under the hand and seal of the said governors, or any five or more of them, be sent to the house of correction; there to be kept to hard labour for any time, not exceeding one month.
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Licences 21 years from 1 June 1762,
and deviseable and transferable under the rents and covenants.
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XII. And be it further enacted by the authority aforesaid, That all licences, so to be granted for coaches, post chaises, chairs or sedans, shall be granted for the term of twenty-one years from the said first day of June one thousand seven hundred and sixty-two, and shall be deviseable or transferrable by the parties, to whom the same shall be granted, their executors, administrators, or assigns, under the rents and covenants therein contained.
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Transfer of licence for a chair, without consent of 5 governors under hand and seal, void;
and the licence forfeited to governors,
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XIII. Provided always, and be it further enacted by the authority aforesaid, That no person, who shall be possessed of a licence for keeping a chair or sedan for hire, shall transfer or assign the same without the consent of the said governors, or five or more of them, first had in writing under their hands and seals; and that if any person or persons, to be possessed of any such licence or licences for keeping a chair or sedan for hire, shall transfer the same without the consent of the said governors, or five of them, signified as aforesaid, every such transfer shall be void; and that every licence; so assigned, shall be forfeited to the said governors for the use of the said work-house.
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Governors, 15 present, under common seal from time to time may settle the fares;
and distances,
and make by-laws,
annexing penalty, not above 40s. for breach,
or making licence void,
or corporal punishment. to house of correction not above 10 days.
The governors, or any 5, may by warrant execute said by-laws:
Such fares, by-laws, &c. first approved by next judges of assize under hand and seal;
printed and posted on the Tholsel and work-house:
then valid.
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XIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the governors of the said work-house, fifteen at least being present, under their common seal from time to time to settle and adjust the several rates, fares, and prices, to be paid to the respective drivers of the said hackney coaches or post chaises, and the carriers of the said chairs or sedans, for the hire of such coaches, post chaises, chairs, or sedans, by the day or hour, or by the set-down, to or from any part or parts within the said city, or within the liberties to the said city adjoining; and to adjudge the several distances within the said city and liberties, for which the said rates, fares, and prices shall be paid; and also to make orders and by-laws to bind all and every person and persons, who shall have licences to keep hackney coaches, post chaises, chairs, or sedans for hire as aforesaid, and all coachmen, post-chaisemen, chairmen, drivers and carriers thereof, and to annex such reasonable penalties and forfeitures, not exceeding forty shillings for the breach of any such by law or order, on the several persons offending, or by making void the licence the person so offending had, or by subjecting the several persons so offending to corporal punishment, by sending him or them to the house of correction, there to be whipped and kept to hard labour, for any time not exceeding ten days; and that the said governors, or any five or more of them, shall and may by warrant under their hands and seals put the said by-laws and orders, by the said governors or any fifteen or more of them so to be made, into due execution according to the tenor and effect of the said by-law and orders, so as such rates, fares, and prices, and such rules, orders, and by-laws, shall be first approved of by the then next going judges of assize for the county of the said city under their respective hands and seals; and that after such approbation the said rates, fares, and prices, and the said rules, orders, and by-laws, shall be printed, and publickly posted on the Tholsel of the said city of Cork, and on the said work-house, and such other places as the said governors shall appoint, and shall from thenceforth be valid and effectual.
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Drivers, &c. exacting more than the fare, insolent, or leaving his fare, owners of the coaches, &c. forfeit not above 40 s.
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XV. And be it further enacted by the authority aforesaid, That from and after the time the said rates, fares, and prices shall be so limited and approved of as aforesaid, no hackney coachman, post-chaiseman, driver, or carrier, of any hackney coach, post-chaise, chair, or sedan, in or about the said city, or within the liberties thereof, shall take by the day, hour, or set-down, above the rates, fares, and prices, so to be limited as aforesaid; and that if any coachman, post-chaiseman, chairman, or carriers of chairs or sedans, shall exact more for his fare than according to the several rates so to be limited, or behave with insolence to his fare, or leave his fare without permission, the owners of such coach, post-chaise, chair, or sedan, shall for every such offence of such coachman, post-chaiseman, chairman, or carriers of chairs or sedans, forfeit any sum not exceeding forty shillings; to be levied or applied in manner as is herein before directed.
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Persons refusing to pay the fare breaking or defacing the coach. &c. on complaint and summons 2 governors may determine on oath of 1 witness, and award satisfaction, by distress and sale on warrant.
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XVI. And be it further enacted by the authority aforesaid, That if any person or persons shall refuse to pay any coachman, post-chaiseman, driver or carriers of any chairs or sedans, the money justly due to him for carrying such person or persons in his coach, post-chaise, chair, or sedan, or shall wilfully break or deface any such coach, post-chaise, chair, or sedan, it shall and may be lawful to and for the said governors, or any two or more of them, upon complaint made, and after one summons directed by them to the party or parties complained against, finally to hear and determine the matter complained of, and upon proof made thereof upon oath by one credible witness, or by confession of the party, to award a reasonable satisfaction to the party aggrieved for his damage and costs; to be levied, upon refusal to make such satisfaction, by warrant under the hands and seals of the said governors, or any two or more of them, by distress and sale of the offenders goods, rendering the overplus (if any be) to the owners.
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No vossel shall discharge ballast in river Lee, save as appointed by water-bailiff, Unless above high watermark:
penalty 20s. each vessel 20 ton burthen; 10s. if under.
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XVII. And whereas the advancement and improvement of navigation within the harbour of the said city of Cork will conduce to the publick benefit of this kingdom: wherefore, and for the preventing the channel of the river Lee within the said harbour from being choked or impaired, and also for the preventing disputes between masters, owners, and freighters of ships within the said harbour, be it enacted by the authority aforesaid, That from and after the first day of June one thousand seven hundred and sixty two no ship, bark, boat, or other vessel, having ballast to discharge within the harbour of the said city of Cork, shall discharge the same, or any part thereof, in the said river Lee, but in such place or places as shall be appointed by the water bailiff of the said city or his deputy, unless the same be discharged above highwater-mark, under the penalty and forfeiture of twenty shillings for each vessel of the burthen of twenty tuns or upwards, and the penalty and forfeiture of ten shillings for each vessel under the burthen of twenty tuns.
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Vessels, taking in or discharging ballast in the harbour, a tarpaulin shall be fixed to prevent any from falling into the river.
Penalty 10s.
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XVIII. And be it further enacted by the authority aforesaid, That from and after the time aforesaid every ship, bark, boat, or other vessel, taking in ballast from any lighter or other vessel, or discharging ballast into any lighter or other vessel within the said harbour, shall nail or six a tarpaulin or sail cloth from the gunnel or ballast port of such vessel, to hang over the gunnel of such lighter or other vessel, so as to prevent any ballast or dirt falling into the said river, under the penalty and forfeiture of ten shillings for each such offence.
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No ballast taken below north and south bridges of Cork, except as by water bailiff appointed:
Penalty 10s.
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XIX. And be it further enacted by the authority aforesaid, That from and after the time aforesaid no ship, bark, boat, or other vessel, shall take up any ballast or filling in any part of the said river Lee below the North and South Bridges of the said city of Cork, except in such place or places as shall from time to time be appointed by the said water-bailiff or his deputy, under the like penalty and forfeiture of ten shillings for every such offence.
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No rubbish to be thrown into the river, docks, or creeks,
Penalty 2s. & 6d. and costs of removal.
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XX. And be it further enacted by the authority aforesaid, That from and after the time aforesaid no person shall throw any stones, rubbish, or dirt, into the said river, or into any other publick docks or creeks of the said river; and that every person offending therein, shall forfeit for every such offence two shillings and six pence; and that such stones, rubbish, or dirt, shall be removed out of the said river, channel, dock, or creek, at the costs and charges of the offender.
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Ships between Spit End and Dun-daniel-house, shall keep buoys to anchors,
penalty 10s.
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XXI. And be it further enacted by the authority aforesaid, That from and after the time aforesaid every ship or other vessel, anchoring or mooring in the said river between the Spit End and Dundaniel House, shall keep proper and sufficient buoys to their anchors in order to prevent other ships from mooring soul, or overlaying each other; and that every master or other person, who shall have charge of a ship or other vessel, who shall offend herein, shall for every such offence forfeit ten shillings.
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From Dun-daniel-House to Marsh-End shall carry anchors as far out as convenient; and from thence to Custom-house dock to south-ward beyond low watermark; and from thence to North Bridge, as far from centre as possible; with proper buoys:
penalty 10s.
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XXII. And be it further enacted by the authority aforesaid, That from and after the time aforesaid every ship or other vessel, anchoring or mooring in the said river from Dundaniel-House to the Marsh-End, shall carry their anchors as far out of the channel, as may be conveniently done, and shall also keep proper and sufficient buoys to their anchors; and that every ship or other vessel, anchoring or mooring from the Marsh-End to the Custom-house dock in the said city of Cork, shall carry their anchors to the Southward of the channel beyond lowwater-mark, and shall also keep proper and sufficient buoys to their anchors; and that every ship or other vessel, anchoring or mooring in the said river from the Custom-house dock to the North-bridge in the said city, shall place their anchor as far from the center as possible, and shall also keep proper and sufficient buoys to their anchors; and that every master or other person, who shall have the charge of a ship or other vessel, who shall offend in any or either of the said cases, shall for every such offence forfeit ten shillings.
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No vessel with gunpowder, above 50 lb. weight, shall come higher than White-Horse or Marsh-End, till discharged.
penalty 5 l.
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XXIII. And be it further enacted by the authority aforesaid, That from and after the time aforesaid no ship or other vessel whatsoever, having on board any quantity of gun-powder exceeding the weight of fifty pounds, shall come higher up in the said river than the White-horse or the Marsh-end, until the said gunpowder be discharged, under the penalty of five pounds sterling, to be forfeited by the master or person, who shall have charge of every such ship or vessel.
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Vessels as soon as discharged or laden shall leave Custom-House quay;
having a warrant to discharge, shall take place of those without ane;
laden vessels shall take place;
refusing to give place, penalty 40 s and removed by water-bailiff
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XXIV. And be it further enacted by the authority aforesaid, That from and after the time aforesaid no ship or other vessel shall continue at the Custom-house quay in the said city of Cork for any longer time, than such ship or other vessel shall be discharging or loading goods; and that as soon as any ship or other vessel is discharged or laden, she shall depart from the quay, the next tide after she floats; and that every ship or vessel, having a warrant to discharge, shall take place of every ship or vessel, which has not a warrant for so doing; and that the laden ship or vessel, coming to discharge, shall take place; and that every master or other person, having charge of any ship or vessel, refusing so to give place, shall for every such offence forfeit forty shillings; and that the water-bailiff or his deputy may be authorized and impowered to remove the said ship or other vessel to some other place.
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Ships not to lye so close in docks as to prevent free passage;
penalty 5 l. unless accidentally on ground.
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XXV. And be it further enacted by the authority aforesaid, That from and after the time aforesaid no ship or ships, or other vessels, shall lie so close in the said Custom-house dock, or in any other publick dock in the said city, so as to prevent any other ship or vessel from having a free passage into or out of such docks on every side, under the penalty of five pounds for every ship or vessel, which shall block up or obstruct such passage; unless it shall appear, that such ship or vessel was struck on ground by accident, or benipt by the tide.
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Vessels at anchor from. North-bridge to Black-rock shall always have sufficient hands to flack cables for passage of others:
Penalty 10 l.
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XXVI. And be it further enacted by the authority aforesaid; That from and after the time aforesaid every master or other person, who shall have charge of every ship or other vessel, lying at anchor from the North-Bridge to the Black Rock in the said river, shall at all times keep sufficient hands on board, who shall flack their cables or hawsers, as often as shall be needful, for the safe and free passage of every other ship, boat, or vessel up and down the river, under the penalty of ten shillings for every neglect thereof.
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Vessels refusing to give place to a laden ship, or obstructing the navigation, water-bailiff may give notice to remove without delay;
Penalty on refusal, 40 s. and removed by the bailiff.
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XXVII. And whereas several laden ships may want convenient births at the several quays in the said city, where light ships are made fast, the masters or other persons having charge of which may refuse to give way to such laden ships to discharge: and whereas also several ships may happen to moor, or lie at anchor in the said river, so as to obstruct the free navigation therein: be it further enacted by the authority aforesaid, That from and after the time aforesaid the water-bailiff and his deputy may be respectively authorized and required to give notice to any such ship or vessel, so refusing to give place to any laden ship; or obstructing the free navigation in the said city, to remove to some other convenient place without delay; and that the master or other person having charge of any such ship or other vessel; who shall refuse or neglect so to do, shall for every such offence forfeit forty shillings; and that the said water-bailiff and his deputy may be further authorized and required upon every such refusal or neglect to remove such ship or ships, vessel or vessels, to some convenient birth, near the place where such ship or ships; vessel or vessels, then lay, as they shall judge most proper.
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Penalties on complaint to the mayor, recovered summarily from commanders by distress and sale on mayor’s warrant;
to treasuer of the workhouse and prosecutor.
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XXVIII. And be it further enacted by the authority aforesaid, That the several penalties herein before mentioned shall and may, upon complaint being made before the mayor of the said city of Cork, be recovered and levied in a summary way from the respective masters of other persons having charge of any ship or ships, vessel or vessels, offending in the premisses, by distress and sale of the offenders goods and chattels by warrant under the hand and seal of the said mayor; half of the said several penalties to be paid to the treasurer of the work-house of the said city, and the other half to the informer, or other person, who shall sue for the same;
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Persons sued for acting may plead general issue &c. and double costs on nonsuit &c.
This a publick act.
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XXIX. And be it further enacted by the authority aforesaid, That if any person shall be sued or molested for any thing done by virtue or in pursuance of this act, such person may plead the general issue, and give this act (which shall be deemed a publick act) and the special matter in evidence for his defence; and that if a verdict shall pass for the defendant, or the plaintiff discontinue his action, or be non-suited, or judgment be given against him upon demurrer or otherwise, the defendant shall have and recover double costs.
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