St. Mary's Parish Act 1777

ST. MARY’S PARISH ACT 1777

CHAP. XLVII.

An Act for ascertaining the Boundaries of the Parish of Saint Mary’s on the North-east Side thereof, and preventing Inconveniencies arising from the uncertain State of the same, and for ascertaining the Boundaries between the County of the City of Dublin and the County of Dublin in some Places, where the same are uncertain, and thereby preventing Persons guilty of Offences therein from escaping the Punishment of the Law.

On petition to chancery by parishioners of Saint Mary’s, or any 12, and grand juries of city and county of Dublin, and notice, and hearing, commission of perambulation to issue to ascertain boundaries,

usual orders thereon,

conclusive to all interested.

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.