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WHEREAS several disputes and suits at law have arisen, by reason that the boundary of the parish of Saint Mary’s in the city of Dublin on the north east side thereof is not certain or fixed; and two trials have been had, whereupon it appeared, that the street, called Palace Row, was not included within said parish; but such trials are found to be ineffectual for ascertaining the line of said boundary in every part thereof; whereby it is found extremely difficult, if not impracticable, to applot and levy the parish cesses and other taxes appointed by act of Parliament to be raised within said parish for the uses mentioned in said acts; and there is also the like uncertainty as to the boundary of the county of the city of Dublin and county of Dublin in some places, whereby it is found extremely difficult to execute the ordinary process of the law against offenders in cases, where it is not certain, in which of the said counties said offences are committed, and said offenders may be found when to be met with, whereby many persons escape punishment: and whereas the mode of proceeding for procuring a commission of perambulation, in order to have the said boundaries ascertained on account of the number of persons, who are necessary to be made parties to any suit to be commenced for that purpose, would be both tedious and expensive: for affording sufficient remedy in the premisses, 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 it shall and may be lawful to and for the lord chancellor of Ireland, as soon as conveniently may be after passing this act, on a petition to be preferred to him in the high court of chancery by the minister, church wardens, and parishioners of said parish, or any twelve or more of said parishioners, praying to have the boundary of said parish on the north east side thereof enquired into and ascertained, and on a petition to be preferred to him by the grand juries of the county of the city of Dublin and of the county of Dublin, or by either of them, for the time being, praying to have the boundaries between said counties within the places before mentioned enquired into and ascertained, after notice shall have been given in such publick manner, as the lord chancellor shall direct, of such petition or of such petition or petitions being preferred, and after hearing what may be said touching the matter of said petitions by the persons, who may think themselves affected thereby, or their council, or, in case there shall not be any such opposition, to issue a commission of perambulation for ascertaining the mears and boundaries of said parish on the north east side thereof, and also one or more commission or commissions of perambulation, as the same may be found necessary for ascertaining the mears and boundaries between the said counties; on which such orders and proceedings shall and may be had, as in such cases are usual and necessary: and after the mears and boundaries of said parish on the said north east side thereof, and the mears and boundaries between said counties in the places before mentioned, shall be ascertained and settled by virtue of said commission and commissions, and the proceedings to be had thereon, the same respectively shall be binding and conclusive for the future to all persons, who now are or who may hereafter be concerned or interested in the bounds of the said county, and of the county of the said city, and of the parish aforesaid.
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Palace Row and house of Wm. Deane not within said parish.
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II. Provided, That the street called Palace Row, and also the house in Granby Row, now inhabited by William Dean, esquire, on which two trials at law by two several juries hath been found not to be within said parish, shall not in virtue of any proceeding on said commission, founded on this act or otherwise, be comprehended or taken to be within the said parish of Saint Mary’s.
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1-3d of expences applotted at vestry on the parishioners by minister’s money,
2-3ds and further expences on the counties by respective grand juries.
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III. And be it enacted by the authority aforesaid, That one third part of the charges of this act, and the expences attending the passing the same into a law, shall at a vestry, to be held on or before the first day of November after passing the same, be applotted, and afterwards shall be levied off the several inhabitants of said parish of Saint Mary’s, rateably and in proportion to the minister’s money payable by them respectively, with like remedy for default in payment thereof as is by law allowed for enforcing payment of said minister’s money; and that the remaining two thirds of the charges and expences of passing this act, shall at the term next after passing the same be presented, one moiety thereof by the grand jury of the county of the city of Dublin, and the other moiety thereof by the grand jury of the county of Dublin, to be raised off the inhabitants of each county respectively, as other grand jury cesses usually are; and that all such sums of money, as may afterwards be necessary for defraying the expences attending the said proceedings in said high court of chancery, and upon said commission or commissions respecting the boundaries of said counties, shall and may be presented to be raised in like manner by the respective grand juries of said county of the city of Dublin and county of Dublin.
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