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CITY OF CORK (IMPROVEMENT) ACT 1777
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CHAP. XXXVIII.
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An Act for the better Regulation of the Police of the City of Cork, and for other Purposes relative to the said City.
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valuation and appointment thereby made void, mayor, sheriffs, and common council, may appoint 3 or more of each parish valuators instead of the former,
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to ascertain separately yearly value of houses, &c. in each parish.
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and take oath at sessions instead of any former.
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WHEREAS by an act passed in the eleventh and twelfth years of his present Majesty’s reign, entitled, An act for the regulation of the city of Cork, and for other purposes therein mentioned, relative to the said city, the mayor, sheriffs and common council of the city of Cork, were impowered to appoint valuators for the several parishes therein mentioned for the purposes mentioned in the said act: and whereas some doubts have arisen, whether the valuation, made by the valuators appointed under the said act, was legally made: therefore 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 the valuation aforesaid, and the appointment of the said valuators, be annulled and made void, and that it shall and may be lawful to and for the mayor, sheriffs, and common council of the city of Cork for the time being duly assembled or the majority of them, from time to time by order or orders under their hands or the hands of the majority of them to appoint three or more inhabitants of each of the parishes of the said city of Cork, to wit, the parish of Holy Trinity, otherwise called Christ Church, the parish of Saint Peter, the parish of Saint Paul, the parish of Saint Mary Shandon, the parish of Saint Anne, the parish of Saint Finn Barry, and the parish of Saint Nicholas, to be valuators for the making of a valuation or valuations in the room and stead of the valuation before mentioned, and which valuation or valuations, when so made, shall be and stand in the stead and place of the valuation in said act mentioned, and be, enure to and for all and singular the several purposes provided for, declared or intended in and by this and the before mentioned act; and that any three or more of the said valuators, so to be appointed, shall have power and are hereby required to value and ascertain distinctly and separately the yearly value of each dwelling house, outhouse, office, cellar, stable, linney, and yard in each of the said respective parishes, for which they shall be appointed valuators; and that such three or more valuators so to be appointed shall at the quarter sessions, to be held for the county of the said city, take the following oath, or affirmation if a quaker, in lieu or stead of any former oath or oaths or affirmation, viz.
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I A. B. do swear, or if a quaker do affirm, that I will to the best of my knowledge, skill, and judgment, execute the office of a valuator in the parish of in and for the parish of in the county of the city of Cork, without favour or affection, malice, or ill will, to any person or persons whatsoever.
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with like powers as 7 by said act.
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which said oath or affirmation the justices at the said quarter sessions are hereby impowered and authorized to administer; and that such three or more valuators so to be appointed shall have all such powers and authorities in and for their said several and respective parishes, and shall act, do, and proceed in the same manner to all intents and purposes in and for their respective parishes, as the valuators, or any seven or more of them, were impowered and required to act, do, and proceed in and by the said recited, act.
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Not to include in valuation buildings exempted by 13 & 14 G. 3. c. 19.
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II. Provided nevertheless, That the said valuators shall not include in their valuation any houses, premises, or buildings, exempted from being charged by the said recited act, passed in the thirteenth and fourteenth years of his present Majesty’s reign, entitled, An act for the better and more, certain valuation of houses in counties of cities and counties of towns.
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Valuations returned and deposited, as by 11 & 12 G. 3. c. 18.
copies delivered and attested full evidence of such valuation,
summoned to take oath at sessions, under like penalties,
power to justices to excuse, and mayor, &c. to supersede, and appoint others.
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III. And be it further enacted by the authority aforesaid, That the several valuations, so to be made by any three or more of the said valuators in and for their said respective parishes, shall be returned in the same manner, and to such person, and shall be deposited in such office, and for such purposes, as in and by the said recited act of the eleventh and twelfth of his present Majesty is directed and required; and that such copies thereof shall be made and delivered and attested to such persons, and at such times, and for such purposes, as in said last recited act is mentioned; and that copies of such valuations, attected by the town clerk of the city of Cork, shall in all courts and upon all occasions be deemed full and satisfactory evidence of such valuations; and that such valuators, so to be appointed, shall be summoned to appear at the quarter sessions to take the aforesaid oath or affirmation, as the case shall be, in manner and under the penalties, and with like method of recovery, as mentioned in the said act of the eleventh and twelfth years of his present Majesty’s reign, with full power to the justices, at the quarter sessions to excuse any of the said valuators, and for the said mayor, sheriffs, and common council, to appoint others in the stead of such person or persons, as the justices at the quarter sessions shall from time to time think fit to excuse, or the mayor or sheriffs and common council shall think fit to supersede or remove from said office, or who shall from time to time die, or remove from such parish, or become incapable of executing said office.
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1-3d of full yearly value deducted for decay and repairs,
return of the other 2-3ds only
final.
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IV. And whereas a reasonable allowance ought to be made in the valuations to be made of dwelling houses, outhouses, cellars, stables, and linneys, for and on account of decay and repairs: therefore be it enacted by the authority aforesaid, That the said valuators, to be appointed pursuant to this act, shall deduct one third part from the full improved yearly value of the dwelling houses, outhouses, cellars, stables, and linneys by them to be valued, as a reasonable allowance for decay and repairs; and shall return in their said valuations only the other two third parts of the full improved yearly value of such dwelling houses, outhouses, cellars, linneys, and stables, as the valuation of such dwelling houses, and outhouses, cellars, linneys, and stables, which returns and valuations shall be final and conclusive.
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The suburbs limited and distinguished from north or south liberties.
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V. And whereas it has been necessary to ascertain the limits of the suburbs of the said city by certain bounds, and to distinguish the same from the north and south liberties of the said city: therefore be it enacted by the authority aforesaid, That the bounds and limits herein after mentioned shall be taken and deemed to be the bounds and limits between the suburbs and liberties of the county of the said city of Cork, that is to say, on the north side of the said city the red forge between the lanes leading to Dublin and Mallow and in Blarney lane the east end and as far as the end of Sundays well lane at the west end of William. Taylor’s house on the road to Sundays well doctor Blair’s dweiling-house including as part of said suburbs Sundays well lane; and on the east side of said city the end of William Harrington’s cellars, commonly called the Red Cellars, at a place commonly called Leitrim, and the stream of water at the foot of Fair hill, thereby including Fair lane and Peacock’s lane as part of said suburbs, and that all the lanes between Blarney lane and Peacock lane to the west side of the cattle market shall be deemed part of the north suburbs; and on the south side of the said city the west end of the gardens of Stephen Dunroche esquire on the Bandon road, and as far as the end of Loughtane, now the lough on the road to Kinsale, and the east end of the road leading down to Gillaby, and the south end of Gallows green, and the quarry called Coltsman’s quarry on the top of the hill on the road leading to Passage, and the house of industry and the south infirmary on the road leading to Black Rock, and the south west end of Sufar’s walk; and that all houses, offices, stables, cellars, linneys, and yards, situate or lying within any right line or right lines, to be drawn between any of the aforesaid limits or points of extent, shall be deemed or taken as part or parcel of the said city and suburbs, and not as part or parcel of the said north or south liberties.
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Treasurer shall applot and pay former presentment, for which work done, and for salaries, not yet paid or raised.
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VI. Whereas from doubts arising with regard to the validity of the valuations, made by the valuators appointed under the said act of the eleventh and twelfth years of his present Majesty’s reign, several sums of money presented to be raised by the grand juries at several assizes, held for the county of the said city since the making of the said valuations, have not been raised or paid, although several of the publick works, for which said sums were presented to be raised and paid, have been executed by the overseers appointed for carrying on the same: therefore be it enacted by the authority aforesaid, That the treasurer of the county of the said city of Cork shall in the applotment, which he shall make of such publick money, as shall be presented to be raised by the grand jury or grand juries at the first or some other assizes, which shall be held after the passing of this act for the county of the said city, applot and pay together with such publick money all such sums presented at former assizes, and for which the said several works were done and performed, as have not yet been paid or raised, and also all such sums as have been presented for salaries of officers, and have not been yet paid or raised.
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Waste or untenanted not applotted or charged.
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VII. And whereas it is deemed unreasonable, that waste or untenanted dwelling houses, outhouses, offices, cellars, stables, linneys, and yards should, whilst they shall remain waste or untenanted, be applotted and charged with a proponion of the publick money, presented to be raised by the grand jury at the assizes for the county of the said city: for remedy whereof be it enacted by the authority aforesaid, That the treasurer of the county of the said city, in the applotment by him to be made at the end of every assizes to be held for the county of the said city, shall not applot or charge with any part or proportion of the publick money, presented to be raised by the grand jury at such assizes, any dwelling house, outhouse, office, cellar, stable, linney, or yard, which shall then happen to be waste or untenanted.
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Constables in 14 days after assizes shall return on oath to treasurer exact account of waste or untenauted,
penalty 51.
sued summarily,
accounted for as part of publick money.
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VIII. And in order that the said treasurer may know, what dwelling houses, outhouses, offices, cellars, stables, linneys, and yards, may then be waste or untenanted, be it enacted by the authority aforesaid, That the several constables of the said city of Cork and the suburbs thereof shall in fourteen days from the last day of each assizes return to the said treasurer in writing upon oath (which oath the said treasurer is hereby empowered to administer) an exact account of such dwelling houses, out houses, offices, cellars, stables, linneys, and yards, in their respective parishes, quarters, or districts, as shall be then waste, or untenanted, under a penalty of five pounds for neglecting to make such return as aforesaid; the said penalty to be sued for by the treasurer in a summary way before the mayor, or any of the aldermen of the ward of the city, according to the summary jurisdiction established by act of Parliament in the said city: and when recovered, the said penalty to be accounted for as part of the publick money by the said treasurer in aid of the publick money presented to be raised by the grand juries at the assizes to be held for the county of the said city.
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G. jury each assizes may present not above 501. for 2 high constables,
5l. for a turnkeys, not above 20 guineas for 2 coroners in lieu of fees, &c.
2 guineas for surgeon’s attendance, if on a coroner’s affidavit necessary.
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IX. Be it further, enacted by the authority aforesaid, That the grand jury at each assizes to be held for the county of the said city shall have power, if they shall fee cause for so doing, to present any sum, not exceeding fifty pounds, to the paid to the two high constables of the said city, according to such services as they shall do for the preservation of the publick peace of the said city; and also five pounds for two turnkeys of the gaol of the county of the said city; and also any sum, not exceeding twenty guineas, for the two coroners of the said, county of the said city for their trouble in executing, their office, and in lieu of fees, and instead of the money the grand jury by law are now empowered to present for the said coroners; and also shall have power to present a sum of two guineas for the attendance, of a surgeon at each or any inquest to be held in and for the said county of the said city, provided it shall appear by the affidavit of one of the coroners, that the attendance of such surgeon was necessary.
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A market provided in south and north suburbs, with seales, &c. for selling has and straw
sold by weight only, penally 5*.
no bundle of straw under 7l6.
penalty 15.
hay or straw mixed with dirt, &c. or wet, to increase weight, forfeited, and 58.
penalties to prosceutor.
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X. And be it enacted by the authority aforesaid, That the mayor of the said city for the time being shall be impowered to provide two sufficient yards or market places, one in the south suburbs, and the other in the north suburbs, of said city, with proper scales, beams, and weights, for the selling of hay and straw by weight; and that no hay or straw shall be sold in the said city, or the suburbs thereof, except by weight, under a penalty of five shillings on the seller, to be recovered in a summary way before the mayor or any of the aldermen of the said city according to the summary jurisdiction established in the said city, by the first persons who shall sue for the same; and that no straw shall be made up in a bundle of less weight than seven pounds under a penalty of one English shilling on the seller, to be paid to the first person who shall sue for the same, and to be recovered in manner aforesaid; and that if any person shall expose to sale in the said city or suburbs hay or straw mixed with dirt, stones, or gravel, or made wet to increase the weight thereof, such person shall forfeit such hay or straw, and incur, besides the forfeiture of the said hay or straw, the said penalty of five shillings, to be determined in the summary way aforesaid, and to go to the first person who shall sue for the same.
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Carmen and porters regulated by order of council as coal porters.
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XI. And be it enacted by the authority aforesaid, That the mayor, sheriffs, and common council of the said city shall have a power from time to time by their orders of council to regulate the conduct of such carmen and porters, as ply for hire in the said city and the suburbs thereof, in the same manner as they are by the act of Parliament impowered to regulate the conduct of coal porters in the said city.
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Water conveyed from roofs by trunks,
at landlord’s expence where tenant yearly, or at will, or under 7 years, signs and shewboards fixed close on front, not to project into streets,
not altered after 14 days notice, 105.
to the workhouse.
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XII. Whereas the streets, lanes, and other passages in the said city of Cork and the suburbs thereof are greatly annoyed and incommoded by water spouting from the roofs of houses and other buildings, and by sign boards, sign posts, and sign irons projecting into the said streets, lanes, and passages: therefore be it enacted by the authority aforesaid, That the water from the roofs of all houses within the said city of Cork, and the suburbs thereof, shall be conveyed unto or near the ground by pipes or trunks, to be fixed on the walls of the said houses at the expence of the respective landlords where the tenant is a yearly tenant or tenant at will, or where the lease in being is for a shorter continuance than seven years, and at the expence of the tenant of such premises where the lease is for a longer continuance; and that all signs and shew boards shall be placed or fixed on the fronts of and close to the houses, shops, warehouses, or buildings, whereunto they shall respectively belong, in the said city and the suburbs thereof; and that no signs, shew boards, posts, or signs, shall project from the houses or buildings into any of the streets, lanes, or passages in the said city or the suburbs thereof; and in case any such person or persons shall neglect or refuse to alter any of the said annoyances for the space of fourteen days after he, she, or they shall have received notice in writing from the mayor to alter or remove the same, such person or persons shall for every such refusal or neglect forfeit the sum of ten shillings, to be recovered before the mayor or any of the aldermen of the ward of the said city according to the summary method herein before mentioned, such penalties to go to the use of the work-house of said city.
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Trawling in Cork harbour for fish, exceptoysters 101. and the boat, tackles &c. to the house of industry and prosecutor.
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XIII. Whereas the practice of trawling, carried on in the harbour of Cork, tends to the injury of the fishery thereof: therefore be it enacted by authority aforesaid, That if any person or persons shall from and after the first day of August next take or destroy any fish whatsoever (oysters excepted) in the harbour of Cork inside of the points called the Cow and Calf by trawling, such person or persons shall on due proof thereof made before the mayor of the city, or any one or more of the justices of the peace of the county of the said city, or any one or more of the justices of the peace for the county of Cork, contiguous to the said harbour, forfeit the sum of ten pounds, together with the boat or vessel which shall be employed in such trawling or fishing, with all tackle, fails, and rigging, together with such fishing trawls and geer made use of in such trawling, one moiety of the said sum of ten pounds, and one moiety of the money that may arise by the sale of such forfeited boat or vessel, and of her tackle, sails, and rigging, and of such fishing trawl and geer, to go to the use of the house of industry of the said city of Cork, and the other moiety thereof to go to the use of such person or persons as shall first sue for the same.
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Mayor’s warrant to water bailiff or special officer to seize vessels so trawling, and carry persons before a magistrate till determined,
not paying proportion of penalty. imprisoned 1 month.
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XIV. And for the more effectual bringing to justice such person or persons as shall be guilty of the said offence of trawling in the said harbour of Cork, be it enacted by the authority aforesaid, That the mayor of the said city of Cork shall issue from time to time, as occasion shall require, a warrant directed to the water bailiff of the said city, or his deputy or deputies, or to any other special officer or officers by him to be appointed for that purpose, requiring him or them to seize, arrest, and attach, and take into his or their custody, any boat or vessel that he or they or any of them shall find trawling for fish in the said harbour of Cork (oysters only excepted) inside said points called the Cow and Calf, and to carry the said boat or vessel, with her tackle, fails, and rigging, together with her fishing trawls and geer, to some convenient place within the said harbour, there to be detained until the cause of seizure shall be determined pursuant to the meaning hereof, and to carry the several persons, that shall be found trawling in such boat or vessel, before the said mayor of the said city, or any one or more of the justices of the peace of the county of the said city, or any one or more of the said justices of the peace of the said county of Cork contiguous to the said harbour, in order to have the said matters heard and determined, and according to the true intent and meaning hereof; and that the said mayor, or any of the said justices, shall have power on the conviction of the parties for such trawling to commit the person, not paying his proportion of the said penalty, to his Majesty’s gaol for the county of the said city, or for the said county of Cork, according to the respective jurisdictions of the said mayor or of such justices, for the payment of such penalty, such imprisonment not to exceed one month.
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Bricks not burned within 2 English statute miles from the Exchange,
penalty 101. by civil bill,
to prosecutor and workhouse.
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XV. And be it further enacted by the authority aforesaid, That no bricks shall be burned, or any clamp of bricks be set to be burned, within two miles English statute measure, to be computed from the exchange of the said city of Cork; and in case any person or persons shall burn or cause to be burned any bricks, or shall set on fire any clamp of bricks, or any clay shaped or tempered for bricks, within two miles English statute measure, to be computed as aforesaid, the person or persons so offending for every such offence shall forfeit the sum of ten pounds, to be recovered by civil bill at the assizes, to be held for the county of said city, by the first person that shall sue for the same; one moiety of the said sum of ten pounds to go to the governors of the workhouse of the city for the use of the said workhouse; and the other moiety of the said sum of ten pounds to go to the person so suing for the same.
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Magistrate on view or oath to issue warrant to destroy the clamps.
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XVI. And for the more effectual prevention of burning bricks within the limits aforesaid, be it enacted by the authority aforesaid, That besides the said penalty of ten pounds, the mayor of the said city, or any of his Majesty’s justices of the peace of the county of the said city, shall have power, and are hereby required, on view or on information on oath to issue his or their warrant or warrants to extinguish, abate, or destroy any clamp or parcel of bricks or of clay, that shall be set on fire to be burned into or for bricks within two miles English statute measure, to be computed as aforesaid.
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Giving a way pipe water, or permitting it, 205. to workhouse and informer.
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XVII. Whereas a considerable expence hath been incurred in supplying of the city of Cork and the suburbs thereof with water: be it enacted by the authority aforesaid, That if the owner or possessor of any pipe or branch of any pipe in the said city or liberties thereof, rented or to be rented from the mayor, sheriffs, and commonalty of the said city, or from the committee deputed or to be deputed by them, shall give away pipe water, or permit or suffer any person to give or carry away pipe water from such pipe or branch of any pipe, such person so offending shall forfeit for every such offence the sum of twenty shillings, to be recovered in the summary way aforesaid, before the said mayor or any of the aldermen of the ward of the said city, by the first person, that shall sue for the same, one moiety thereof to go to the governors of the workhouse, and the other moiety thereof to go to the informer.
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Penalty for a branch pipe without authority 101. by civil bill to workhouse and informer.
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XVIII. And be it enacted by the authority aforesaid, That if any person shall put in a branch pipe into any of the mains or pipes laid for the conveyance of water in any of the streets, lanes, or passages in the said city and suburbs thereof, or shall have a branch pipe conveyed into or near any dwelling house or outhouse in the said city or the suburbs thereof, from the branch pipe of any other person in the said city or the suburbs thereof, without the consent and authority of the said mayor, sheriffs, and commonalty of the said city, or of such committee as aforesaid, in order that such person may be supplied with pipe water without paying for the same, that then and in such case every person so offending, shall for every such offence forfeit the sum of ten pounds, to be recovered by civil bill before the judges of assize at the general assizes to be held for the county of the said city by the first person, who shall sue for the same; one moiety of the said forfeiture of ten pounds to go to the governors of the workhouse of the said city for the use of the said workhouse, and the other moiety thereof to go to use of the informer, or person first suing for the same.
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Buildings or inclosures entered to repair pipes, &c. paying damages,
as ascertained by 2 persons, 1 or. each side, or by an umpire,
refuling entrance 205.
to workhouse and informer.
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XIX. And be it enacted by the authority aforesaid, That if any building or enclosure of ground hath been made in the said city of Cork, the suburbs or liberties thereof, where pipes or mains have been laid, or aqueducts erected, or hereafter shall be laid or erected, for supplying the said city or the suburbs thereof with water, that it shall and lawful for the mayor, sheriffs, and commonalty, or the said committee, or any one or more of the said committee, with workmen, from time to time when such mains, pipes, or aqueducts shall be out of order, to enter into and upon such buildings and enclosures, or into any ground through which such mains, pipes, or aqueducts shall be laid or erected, in order to repair the same, paying all such damages as the owner or owners shall suffer thereby, to be ascertained in a summary way by two persons, one to be appointed by the said mayor, sheriffs, and commonalty, or by the said committee, or the majority of the said committee, and the other of the said two persons to be appointed by such owner or owners; and in case such two persons shall not agree, then such damages to be ascertained by a third person, to be nominated as umpire by the said two persons so to be appointed as aforesaid; and in case the owner or owners of such buildings, inclosures, or ground shall refuse permission for entering in the same to repair the said mains, pipes, aqueducts aforesaid, in manner aforesaid, that then and for every such refusal, such owner or owners shall forfeit the sum of twenty shillings, to be recovered in the summary way aforesaid before the mayor of the said city, or any of the aldermen of the ward of the same, by the first person who shall sue for the same; one moiety of the said forfeiture to go to the governors of the workhouse of the said city for the use of the said workhouse, and the other moiety thereof to go to the use of the informer, or first person that shall sue for the same.
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Amended by 21 & 22 G. 3. c. 40. f. 18, 19.
Workhouse funds insufficient to support soundlings,
and by 11 & 12 G. c. 15. parishes in Cork exempted from taking them,
church wardens in Cork may in their parishes take and provide for deserted insants,
expence on inhabitants by parish rates,
in 2 days after taking account of time and place returned to workhouse,
returns entered in priority,
laid before the governors or assistants,
when workhouse funds allow, so many of said children from the parishes by priority.
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XX. Whereas the sums, appropriated to be paid to the governors of the workhouse of the city of Cork, are not found sufficient for the support or maintenance of the foundling, deferred, or exposed children in the said city, and the suburbs thereof: and whereas by an act passed in the eleventh and twelfth years of his present Majesty’s reign, entitled, An act for relief of poor infants, who are or shall be deserted by their parents, the parishes in the city of Cork are exempted from taking or receiving any deserted or exposed children: and whereas by the means aforesaid many foundling, deserted, or exposed children, have miserably perished in the said city: for the prevention thereof for the future, be it enacted by the authority aforesaid, That the church wardens of the several parishes in the said city of Cork and the suburbs thereof, may if they shall think proper to take into their care and possession any infant children, that shall be deserted and exposed in their respective parishes, and that they may provide for such insant children proper nurses, cloathing, and other necessaries sufficient for the support of such insant children, and that the expences thereof shall be raised on the inhabitants of the said parishes respectively by parish rates, in the same manner as the repairs of the parish churches or other usual parish rates are raised; and that the church-wardens shall respectively take, an account, when any such deserted or exposed infant child shall be taken by them in their respective parishes, and shall in two days at farthest after taking of such infant return in writing to the master of the workhouse of the said city an account of the time and place of taking such deserted or exposed children; and the said master of the said workhouse shall keep a book, in which he shall enter the returns of the said church wardens in priority, as the same shall be made, and that the said master of the workhouse shall lay the said book before the governors of the said workhouse, or the courts of assistants belonging to the same, whenever the said governors or court of assistants shall meet, and that whenever the funds of the said workhouse shall answer to take one or more of the said deserted or exposed children on the foundation of said workhouse, to be provided for agreeable to the act of Parliament in that case made and provided, the said governors or the said court of assistants shall take from said respective parishes such and so many of the said deserted and exposed insant children, as the funds of the said workhouse will then allow of, and according to the priority of such deserted or exposed children being taken on the said parishes in manner aforesaid.
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Grand or petty jurors or witness, not attending quarter sessions on summons, if no sufficient excuse fined not above 5l.
levied by process in nature of execution,
on husband of feme-covert,
fines to the workhouse.
clerk’s fee 23. & 6d.
officers 2s. & 6d.
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XXI. And whereas the administration of justice in the court of quarter sessions, held in and for the said county of the said city of Cork, hath been greatly impeded by the non-attendance of the grand jurors, petty jurors, and witnesses: be it therefore enacted by the authority aforesaid, That it shall and may be lawful for the mayor and justices of the peace for the county of the said city, for the recorder of the said city, or the deputy recorder of the said city, as they or any of them shall happen to preside at the said court of quarter sessions, or at any adjournment thereof, to impose a fine not exceeding five pounds on any grand juror, petty juror, or witness, that shall be legally summoned to attend at the said court of quarter sessions or at any adjournment thereof, and shall refuse or neglect to appear pursuant to the said summons, and for whom no sufficient excuse shall be laid before the court; and that it shall and may be lawful to and for the said mayor and justices, and to and for the said recorder or deputy recorder, as they or any of them shall happen to preside at the said court of quarter sessions or at any adjournment thereof, to issue from and out of the said court process from time to time in the nature of an execution, directed to the serjeants at mace, the constables of the county of the said city, and the bailiffs of the same, or to any one or more of them, to levy the said fine off the goods and chattles of such grand juror or petty juror, or witness, who shall be so fined as aforesaid; and in case any such witness shall be a feme-covert, to levy the said fine off the goods and chattles of the husband of such feme-covert; and that the said fine, when levied, shall be paid over to the governors of the workhouse of the said city of Cork for the use of the said workhouse, deducting thereout the sum of two shillings and six pence, to be paid to the clerk of the peace for the county of the said city for his trouble in making out and issuing the said process, and deducting thereout the further sum of two shillings and six pence, to be paid to such of the said serjeants at mace, constables, or bailiffs, as shall execute the said process, for his or their trouble.
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Deputy to take such oaths as recorder.
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XXII. Provided nevertheless, and be it enacted by the authority aforesaid, That the deputy recorder of the said city for the time being shall take all such oaths, as the recorder for the time being ought to take, only substituting in such oaths respectively the words, deputy recorder, in the place and stead of the word recorder; and that the several courts and persons authorized to administer oaths to the recorder of the said city for the time being shall have full power and authority to administer such oaths as aforesaid to such deputy recorder as aforesaid for the time being.
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Trustees for widening streets by 5 G. 3. c. 24.
to purchase houses and grounds,
and not above 30 feet backward,
mayor, &c. or 3 market jurors, may seise annoyances in streets, and remove to publick
pound, till 53. to redeem paid to mayor, if not claimed, and payment in 2 days appraised and sold,
said 56. to house of industry.
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XXIII. That the several trustees, appointed or to be appointed for the widening or improving the several streets, ways, and passages in the said city and suburbs pursuant to an act passed in the fifth year of his present Majesty’s reign, entitled, An act for the altering and amending the several statutes heretofore made for the better regulation of the city of Cork, for regulating trials by juries in the court of record of the said city, and for establishing market juries in said city, and for making wide and convenient ways, streets, and passages in the said city and suburbs thereof, and for preventing frauds committed by the bakers and meal keepers of the said city, shall have power from time to time to purchase not only the several houses, grounds, and buildings for the widening said streets, ways, and passages, but also any quantity of ground, together with the edifices thereon, not exceeding thirty feet backwards, of any of said streets, ways, or passages so widened or improved, or intended to be widened or improved, be it enacted by the authority aforesaid, That it shall and may be lawful for the mayor, sheriffs, constables, or market juries of said city, or any three or more of said jury, to seize any stand, table, basket, roots, fruit, blocks, timber, planks, benches, sticks, casks, anchor, or other obstruction or annoyance, standing or lying in any of the streets, lanes, or alleys of said city, and to cause the same to be removed to the publick pound of said city, and there to detain the same until the owner or owners do pay to the mayor of the said city five shillings to redeem the same; and in case the same shall not be claimed, and the penalty of five shillings with expence of removing paid within two days after seizure, that it may be lawful for said mayor to cause the same to be appraized and sold, and the residue of the money arising therefrom, after paying the penalty and charges, to be returned to the owner or owners who shall demand the same; the said penalty of five shillings for every such offence to be paid by the mayor, when recovered, to the governors of the house of industry of said city for the use of the said house of industry.
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Penalties, not provided for, laised by distress and sale,
or committed not above 3 months.
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XXIV. And be it enacted by the authority aforesaid, That all penalties, not herein otherwise particularly provided for, shall be raised and levied by distress and sale of the offender’s goods; and in case no goods or chattles of the persons so offending can at the time of such conviction be found, then and in such case it shall be lawful for the said mayor, aldermen, or justices, before whom such offender shall be convicted, to commit such offender to the house of correction, there to be kept to hard labour for any time not exceeding three months.
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Defendants may plead general issue, or avow generally and give the matter in evidence,
and have double costs on nonsuit. &c.
and if replevin, recovery of distress.
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XXV. And be it enacted by the authority aforesaid, That if any action or suit shall be commenced, or any replevin shall be brought against any person for taking of any distress, making of any sale, or doing any other thing by authority of this act, or of any other act of Parliament relating to the said city, the defendant or defendants, avowant or avowants, or others making conusance in such action, suit, or replevin, may either plead the general issue or otherwise make avowry, conusance, or justification generally, that the said distress, sale, trespass, or other thing, whereof the plaintiff or plaintiffs shall complain, was taken, made, or done by authority of this act, or of such other act of Parliament as aforesaid, and shall and may give this or such other act of Parliament and the special matter in evidence at any trial thereupon, and that the said distress or other matter or thing, for which such action, suit, or replevin shall be so brought, was taken or done in pursuance and authority of this act, or of such other act of Parliament as aforesaid; and in case that the plaintiff or plaintiffs in such action, suit, or replevin, shall discontinue his, her, or their said suit or replevin, or be nonsuited, or the defendant or defendants, avowant or avowants, or person or persons so making conusance or justifying, shall obtain judgment against the said plaintiff or plaintiffs on verdict, demurrer, or by default, that such defendant, avowant, or person making conusance, or justisying, shall recover double costs of suit, and shall have such remedy for recovery of the same, as any defendant may have by law for costs in any other cause; and, if the plaintiffs shall have proceeded by way of replevin, shall also have judgment for recovery of the distress taken.
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A publick act.
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XXVI. Be it enacted by the authority aforesaid, That this act be deemed, and adjudged, and taken to be a publick act, and judicially taken notice of by all judges, justices, and other persons whatsoever without specially pleading the same, and that the same do pass as a publick act.
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