Boyne Navigation Act 1790

BOYNE NAVIGATION ACT 1790

CHAP. XI.

An Act to explain and amend an Act pussed in the Twenty-ninth Year of His Majefly’s Reign, Entitled, An Act for the Promotion and Encouragement of Inland Navigation, to far only as respects the Navigation of the Baylie.

Recital 29 G, 3.

persons herein deserihed, complying, after June. 1790, with terms, &c. preferihed by said act;

they and their assigns entitled to all benefits, privileges, privileges, sec. as by said act.

WHEREAS by an act of parliament passed in the twenty-ninth year of his present Majefty’s reign, entitled, An act for the promotion and encouragement of inland navigation; it was among other things enacted, That debentures to the amount of twelve thousand five hundred pounds, bearing an interest after the rate of four pounds per centum per annum, should be issued to such persons as then were, or should be undertakers for completing a navigation from Drogheda to Trim, pursuant to their petition presented to the house of commons in the then session of parliament, and that no such subscribers or undertakers respectively, as in the said act of parliament mentioned, should be entitled to any such debenture, or to any benefit whatsoever, under the said act, who should not have deposited with the governor and company of the bank of Ireland, one-tenth part of their respective subscriptions or government securities for such tenth part, or any proportion of the same, such subscriptions respectively being double the sum for which such subscribers or undertakers respectively, were by the said act entitled to receive debentures, and that such deposits should be made by such subscribers or undertakers respectively, within fix months after the twenty-fourth day of June, then next subject to certain provinces and conditions in the said act mentioned, and set forth: and whereas it was by the said act provided and enacted, That nothing therein contained, should extend, or be construed to extend, to vest in such subscribers and undertakers respectively, the property in such parts of the navigations in the said act mentioned, as had been open from the sea upwards before the pathing of the said act, unless the approbation of the lord lieutenant, or other chief governor or governors of this kingdom for the time being, should have been first obtained: therefore be it enacted by the king’s most excellent Majefly, by and with the advice and content of the lords spiritual and temporal, and commons in parliament assembled, and by the authority of the same, That in case the persons who in the last session of parliament presented the said petition to the house of commons for aid towards carrying on and completing the said work, or any of them, by themselves, or jointly with others, shall within such times respectively after the twenty-fourth day of June next ensuing the passing of this act, as are in the said recited act mentioned in respect to the twenty-fourth of June then next, comply with and periorm the several terms and conditions in the said act mentioned, they and their assigns shall be entitled to, and have, receive, and enjoy all and every such aid, bounty, benefits, privileges, and advantages, as they would have been entitled to if they had complied with and performed the terms and conditions in the said act in that behalf mentioned and contained.

If subscribers or undertakers omit to comply with conditions, within respective times after 24 June 1790, as by said act were limited after 24 June last liablc to all penalties, &c. as by said act were appointed.

II. Provided always, That in case the said present subscribers, or such future subscribers to, or undertakers of the said work, shall neglect or omit to comply with and perform the several terms and conditions in the said act mentioned, within such times respectively, after the twenty-fourth day of June next ensuing the passing of this act, as by the said act were limited and appointed for the performance there of respectively, after the twenty-fourth day of June last past, then and in such case, such subscribers or undertakers shall be liable to all such penalties, forfeitures, and disabilities, as by the said act were enacted and appointed for or on account of the non-performance of the said terms and conditions within the respective times for the purpose in the said act mentioned.

When t-toth of subscription deposited or expended, subscribers to be united into I company, and i body politic and corporate, by the name of the river Boyne compony, and have perpetual succession, and a common seal, and be in vested with all powers &c. as vested in grand canal company by an act in 1772,

and subject to like rules, &c.

III. And be it further enacted by the authority aforesaid, That as foon as one-tenth part of the subscriptions entered into, or to be entered into for the completion of the said work, or government debentures for such tenth part, shall be deposited as aforesaid, or expended on the said work, such subscribers, and their assigns, shall be united and crested into one company for carrying on the said navigation, and shall from thenceforth be one body politick and corporate, by the name of the river Boyne company, and shall have perpetual succession, and a common seal, and by that name, may the and be feud, and shall thenceforth be invested with all the powers, privileges, benefits, and advantages, for the purposes of carrying on the said navigation, as were vested in the company of undertakers of the Grand Canal, by the act passed in the year one thousand seven hundred and seventy-two, entitled, An act for enabling certain persons to carry on and complete the Grand Canal, and also be subject to the like rules and regulations as the said company of undertakers are subject to, under and by virtue of the aforesaid act, as effectually in all things as if the several clauses contained in said last mentioned act, were again recited and re-enacted in the body of this act.

Nothing in this act to alter tolls to be taken on said navigation.

IV. Provided always, That nothing in this act contained, shall in any degree alter, or be construed to alter the tolls to he taken on the said navigation, as ascertained by the act for promotion and encouragement of inland navigation.

When company have completed navigation to Navan, the works and navigation from Carrick-lock to Drogheda, inclusive of said lock, to be vested in said company for ever;

V. And whereas part of the said river Boyne, that is to say, such part of it as extends from Carrick-Lock above Slane-Bridge to Drogheda, as also certain parts of the same extending from said lock to Trim, had been made navigable at the publick expence, before the passing of the said act, and are now under the controul and direction of publick commissioners, and it is expedient for the completion of the said navigation up to Trim, that the property of the works which have been so made of the publick expence, shall be vested in the said river Boyne company, subject to the regulations and restrictions herein after mentioned; be it therefore enacted, That so soon as the said river Boyne company shall have completed the navigation of the said river Boyne up to the town of Navan in the county of Meath, pursuant to their undertaking aforesaid, the property in the said works, and the navigation aforesaid, from Carrick-Lock down to Drogheda inclusive of the said lock, shall be vested in the said river Boyne company, and their successors, for ever; and that immediately after this act shall pass into a law, the property of said parts or works before mentioned, upon the said river Boyne, between Carrick-Lock aforesaid, and the town of Trim, shall be vested in the said river Boyne company, and their successors, for ever.

after passing this act, property of works between Carrick lock and town of Trim vested in said company, and their successors, for ever.

Unless company, within 5 years after navigation completed to Navan, complete navigation to Trim, property in works from Carrick lock to be divested from them, and remain under direction of present commissioners.

VI. Provided always, and be it enacted, That unless the said river Boyne company shall within five years after they shall have completed the said navigation up to Navan as aforesaid, carry on and complete the navigation of the said river Boyne, up to the town of Trim in the county of Meath aforesaid, that then and in that case the property in the said works, and the navigation aforesaid, from Carrick-Lock to Drogheda, shall stand and be diverted from the said company, and shall in that case stand and remain under the controul and direction of the present commissioners of the said navigation, as if this act had never passed.

Until navigation completed to Trim, all tolls rased from Carrick lock to Drogheda, applied only to repairs, &c. there of, but when completed to Trim, then such tolls shall be applied to the purposes of the whole.

VII. And be it enacted, That until the navigation of the said river Boyne, shall have been completed to the town of Trim as aforesaid, all tolls which shall be raised upon that part of the said navigation which extends from Carrick-Lock to Drogheda, shall be applied only to the repairs and improvement of the same, but so soon as the navigation of the said river shall be completed to the town of Trim as aforesaid, then and not before, such tolls shall be applied to the purposes of the whole of the said navigation from Trim to Drogheda, in such manner as the said river Boyne company shall think fit.

Company prohibited from altering present ensure from Carrick-Lock to Rossnaree-lock; all lock-keepers, from the tall of Carrick lock to the tail of Rossnaree-lock inclusive appointed profit time to time by company, with approbation of present and future proprietors of Slane Castle and not other-wife; lock-keeper to be removed upon complaint of proprietor of said castle.

VIII. And whereas it may be injurious to the property of the persons who have expended large sums of money on the mills of Slane, as also to the present and future proprietors of the castle i of Slane, if the present levels or cuts made for carrying on the said navigation from Carrick-Lock to Drogheda should be altered, or the locks now, or hereafter to be made from Carrick-Lock aforesaid, to Rossnaree-Lock below the bridge of Slane, should be negligently taken care of, or maliciously opened at unseasonable times; be it enacted, That it shall not be lawful for the said river Boyne company, and they are hereby prohibited from altering the present cuts or levels on the said navigation, from Carrick-Lock to Rossnaree-Lock aforesaid, inclusive, and that the person i or persons to be nominated and appointed by the said company, lock-keeper or lock-keepers of the lock on the said navigation now called Fenner-Lock, as also of the said lock called Rossnaree-Lock, and the guard-lock of Slane, and of all such locks as may hereafter be erected on the said navigation, from the tail of Carrick-Lock aforesaid, to the tail of Rossnaree-Lock aforesaid, inclusive, shall from time to time be fo nominated and appointed, with the approbation and consent of the present and future proprietors of Slane-Castle for the time being, and not other wife, and every such lock-keeper shall be removed from such his appointment, upon complaint made to the said company by the present or future proprietors of the said castle of Slane, of neglect or other misconduct in keeping such locks.

Notice to be posted as herein, by company, 14 days before water drawn off, for purpose of repairing, &c. if any cut or cute drained without such notice, every persun by whose direction they shall be drained, &c. forfeit sol for every offence, and tol for every day navigation interrupted thereby, to be recovered as herein.

IX. And to prevent the injuries and inconvenience which may arise by draining the said navigation, for the purposes of repairs, or for any other purpose, without giving proper notice; be it enacted, That notice shall be publickly posted on the market-houses of the towns of Trim, Navan, Slane, and Drogheda respectively, by and in the name of the said company, fourteen days at the least before the water shall be drawn off from the cuts on the said navigation, or any of them, for the purpose of repairing the same, or for any other purpose, and in case the said cuts, or any of them, shall be drained, without giving, such notice as aforesaid, every person by whose direction such cuts shall have been fo drained, or who Shall have drained, or caused the same to be drained, shall for every such offence forfeit the sum of fifty pounds, and ten pounds for every day the navigation shall be interrupted thereby, to be recovered by any person who shall fue for the same, by civil bill in the court of proper jurisdiction, either in the county of Meath, or the county of the town of Drogheda.

Company, with appro bation of the present commissions, may expend such suma as feem meet on repairs, &c. of navigation at any time before the property shall be vested in them by this act.

X. And whereas it may be expedient to permit the said river Boyne company immediately to expend any sunis of their money which they may think fit, in repairing and improving the said navigation from Carrick-Lock down to Drogheda; be it enacted. That it shall and may be lawful for the said company, by and with the approbation of the commissioners, in whom the controul and management of the said navigation is now vested, to expend such sums of their money as to them shall seem meet, on the repairs and improvement of the said navigation, at any time before the property of the same shall be vested in them, pursuant to, and by virtue of this act.

Persons sued as here-in, may plead the general issue; a public act.

XI. And be it further enacted by the authority aforesaid, That if any suit shall be commenced or prosecuted against any person or persons, for any thing which shall be done in pursuance of this act, such person or persons may plead the general issue, and give the special matter in evidence, and that this act shall be deemet and taken to be a publick act.