Erecting a Bridge over the River of Ross, at the Town of New Ross, in the County of Wexford Act, 1795

CHAP. XLVIII.

An Act for erecting a Bridge over the River of Ross, at the Town of New Ross, in the County of Wexford.

Subscribers names.

WHEREAS the building a bridge over the river of Ross, at the ferry thereof, will tend to encrease the trade of the town of New Ross, promote agriculture, and be of public utility: and whereas the persons herein after named, have subscribed the several sums to their respective names annexed, for the purposes of purchasing the ferry across the river at the said town of New Ross, and for building a bridge over the said river, at the scite of the said ferry; that is to say, Henry Houghton, esquire, five hundred pounds, Charles Tottenham, senior, esquire, five hundred pounds, Charles Tottenham, junior, esquire, five hundred pounds, Robert Leigh, esquire, five hundred pounds, Joseph Deane, esquire, five hundred pounds, John Cliffe, esquire, five hundred pounds, Ponsonby Tottenham, esquire, five hundred pounds, Edward Murphy, esquire, five hundred pounds, messieurs George and Thomas Keough, five hundred pounds, Anthony Cliffe, esquire, five hundred pounds, Edward Elmes, esquire, five hundred pounds, Philip Hay, esquire, five hundred pounds, Mrs. Jane Tottenham, five hundred pounds, messieurs Cullimore and Hogg, five hundred pounds, Nicholas Loftus Tottenham, esquire, five hundred pounds, Charles Powel Leslie, esquire, four hundred pounds, James Rosseter, esquire, three hundred pounds, sir John Newport, baronet, two hundred pounds, Adam Loftus Lynn, esquire, two hundred pounds, Arthur Alexander, esquire, two hundred pounds, James Ramsey, esquire, two hundred pounds, Roger Sweetman, esquire, two hundred pounds, Joseph Leigh, esquire, two hundred pounds, Thomas Jones, junior, esquire, two hundred pounds, Joseph Cuffe, esquire, two hundred pounds, sir Simon Newport, knight, one hundred pounds, Edward Kavenagh, esquire, one hundred pounds, James Doyle, esquire, one hundred pounds, Mr. Bryan Fitz-Henry, one hundred pounds, Mr. Langrish Cavenagh, one hundred pounds, Mr. Josiah Martin, junior, one hundred pounds, Miss Mary Cliffe, one hundred pounds, Miss Henrietta Cliffe, one hundred pounds, Nicholas Devereux, esquire, one hundred pounds, Mr Michael Clarke, one hundred pounds, Mr. Anthony French, one hundred pounds, Mr. John Connor, one hundred pounds, Mr. Patrick Bryan, one hundred pounds, and Michael Langton, esquire, one hundred pounds; the said several subscriptions amounting in the whole to the sum of eleven thousand two hundred pounds, and the said several subscribers have paid unto their treasurer Charles Tottenham, esquire, collector of the port of Ross, one-fifth part of their respective subscriptions; 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 from and immediately after the passing of this act, the said several subscribers, or the executors, administrators or assigns, of such of them as shall before the said time happen to die, or assign their right to their said subscriptions, shall be united and erected into one company, for the building of the said bridge, and be from thenceforth one body politick and corporate, by the name of the commissioners for building a bridge over the river of Ross; and that the said commissioners and their successors, being proprietors of the said joint stock, or possessing any share or shares thereof, shall have perpetual succession, and have a common seal, and by the aforesaid name may sue and be sued, and shall from thenceforth be fully empowered to design, assign, and lay out in what manner the said bridge shall be built; and that the said commissioners or their successors, shall by themselves, their agents, overseers, workmen and servants, be fully empowered to carry on, build, and complete the said bridge, and also shall be capable in law by such name, to take securities for any sum or sums of money due, or to be due to them in their corporate capacity as aforesaid, and for performance of any agreement entered into with them, or for the due execution of any power or authority committed to any person or persons concerned in the said bridge, or the tolls thereof; and also to enter into and execute all such contracts and agreements, and appoint such officers and servants as shall be necessary for, or relate to the carrying the purposes of this act into execution.

Bridge to be built as herein directed.

II. Provided always, and be it enacted, That the said bridge so to be erected and built over the said river of Ross, at the ferry thereof, and all and every bridge to be hereafter erected by the authority of this act, shall be so constructed and built, that there shall be and remain a free and open passage for ships and vessels to pass and repass through the same, and for such purpose shall contain one lifting portcullis or arch, of twenty feet at the least in the clear in breadth, provided with piers or moorings of sufficient strength, at proper distances for warping vessels through the same; and that the said lifting portcullis or arch, shall be placed within the distance of sixty yards from low water mark, at the Ross side of the river, and that the collector or receiver of the tolls of such bridge, or such other person or persons as shall have the care thereof, shall as often as any ship or vessel shall have occasion to pass or repass through such portcullis or arch, be obliged with all convenient speed without fee or reward, to open the same, and suffer such ship or vessel to pass through the said portcullis or arch; and in case, such collector, receiver, or person having the care of such bridge, shall refuse to open the said portcullis, or neglect or omit to open the same, with all convenient speed, or in any manner delay the passage of any ship or vessel through the same, he or they so offending, shall for each and every such offence, forfeit and pay to the master or person commanding such ship or vessel, such sum not exceeding five pounds sterling, as the sovereign, deputy-sovereign, recorder, or other magistrate or magistrates of the said town of New Ross, shall award or adjudge; and in case of non-payment of the sum so awarded or adjudged, such offender or offenders shall by warrant under the hands and seals, or hand and seal of such sovereign, deputy-sovereign, recorder, magistrate or magistrates, be committed to the common gaol of the county of Wexford, there to remain until the said fine or forfeiture be paid, or for such time as such sovereign, deputy-sovereign, recorder, magistrate or magistrates shall direct, not exceeding in the whole one month.

Com. to meet in New Ross, as herein, to make bye-laws, &c.

III. And be it enacted, That the said commissioners or their successors, or a sufficient number of them, do assemble or meet in the said town of New Ross, within one month after the passing of this act, seven day’s notice being first given by public advertisement, posted on the court-house of the town of New Ross, and in the public news room in the said town, and inserted in a public newspaper in the city of Waterford, of the time and place of such meeting; and shall and may at their will and pleasure, adjourn such meeting, and as often as occasion shall require from time to time, shall and may meet and assemble in the said town of New Ross, or elsewhere, and from time to time adjourn such meetings; and that it shall and may be lawful to and for the said commissioners, or their successors, or a quorum of them, at their said first meeting or adjournment thereof, or at any future meeting or adjournment thereof, to enter into, and make such rules, orders, bye-laws and regulations, respecting the purchasing the ferry plying for hire across the said river of Ross, from the quay of Ross to the opposite side of the said river, or the erecting or completing the said intended bridge, and preserving the same, or for the ascertaining, better regulating, or collecting the tolls or duties to be collected and received by virtue of this act, and to enter into and execute contracts, and do all other matters or things whatsoever, that to the said commissioners, or their successors, or a quorum of them, shall or may appear requisite or necessary for the well governing of masters of vessels, seamen, boatmen or other persons, and for or towards carrying into execution the purposes of this act; and to impose reasonable sines and forfeitures for offences to be committed against such bye-laws, to be levied by such ways and means, as the said commissioners, or their successors, or a quorum of them shall direct, so as that no such fine shall exceed five pounds, for any one offence; and the said bye-laws being put into writing, under the seal of the said commissioners, shall be binding, and be observed by all parties, and be sufficient in any court of law or equity, to justify all and every person and persons who shall act under the same, or in levying any penalty or forfeiture thereby incurred or made payable.

Bye-laws net to be contrary to laws of realm.

IV. Provided always, That the said bye-laws shall not be contrary to the laws or statutes of this realm, and that seven days previous notice at the least, including the day of such notice, and the day of meeting, shall be given by public advertisement, posted on the court-house of the said town of New Ross, and in the public newspaper in the city of Waterford, of the time, place, and purpose of such meeting.

Grievances to be complained of at qu. sessions.

V. Provided nevertheless, That any person or persons who shall think him, her, or themselves aggrieved by any order or judgment, in pursuance of any such bye-laws, may complain within six months then after, to the justice or justices at the next quarter sessions of the county, wherein such bye-law shall have been carried into execution, who shall in a summary way, hear and determine at the said quarter sessions, the matter of the said complaint, and if they see cause, mitigate and alter such fines, penalties or forfeitures, and may order money which had been levied or paid in pursuance of any such bye-law, to be returned or repaid, and may order such further satisfaction to be made to the party complaining, as they shall judge reasonable, and may also order and give costs to the party complaining, and also to the party complained against, in case they find the said complaint to be groundless, as to them shall seem proper.

Com. to have votes as herein.

VI. And be it enacted, That at every meeting or assembly of the said commissioners, or their successors, each and every of the said commissioners, or their successors, shall have one vote for and in respect of each and every of the first five debentures or shares, he or the shall then possess, of or in the joint stock of the said company; and that no person whatsoever shall have in his or her own right, more than five votes, and that the respective members who shall have a right to vote in such assemblies or meetings, may appear either in person or by proxy, in writing under their respective hands and seals, subject nevertheless to such restrictions for the better regulating such proxies, and for ascertaining the qualification or right of persons claiming or demanding to vote as stock-holders, as shall be ordered by any bye-law, or laws of said commissioners, or a quorum of them; and that the majority of votes at all such meetings or assemblies shall determine all matters in question, and if there be an equality of votes, that the chairman of such meeting or assembly shall have a casting vote, besides his vote or votes as a member of the said company.

I-4th of stock-holders to be present at each meeting, &c.

VII. Provided always, That at every such meeting or assembly, there be present in person, one-fourth in number of the existing stock-holders of the company at the least, otherwise such meeting or assembly shall not have any power whatsoever, to carry into execution any of the powers or authorities hereby given; and that no order or resolution of the said commissioners, or their successors, or a quorum of them, be altered, rescinded, or re-considered, without seven days previous notice in writing at the least, being given to the persons present, at the time that such order or resolution intended to be altered, rescinded, or re-considered was made.

All proceedings to be entered in a book by register or clerk, as herein.

VIII. And be it enacted, That all acts, rules, orders and Other proceedings, to be entered into, resolved on, made, or done by the said commissioners, or their successors, or a quorum of them, shall be fairly written in a book, to be for that purpose kept by the register or clerk, or other officer to be appointed by the said commissioners, and that such rules, orders and proceedings, be subscribed on each day of meeting, by the commissioners then present; which book shall remain and continue in the custody of the register, clerk, or officer to the said commissioners, and to which all and every person and persons who in his, her, or their own right, or in right of his, her, or their testator intestate, ward, cestuique trust, or otherwise, is possessed of any share of the said capital stock, shall and may have access at all reasonable times, without fee or reward, to inspect the same.

C. Tottenham to pay commissioners, &c. as herein.

IX. And be it enacted, That immediately after the passing of this act, the said Charles Tottenham, esquire, do, if required so to do, pay unto the said commissioners, or their successors, or a quorum of them, or unto such person or persons as they shall appoint, the amount of the said one-fifth part of the subscriptions so deposited in his hands, he first deducing thereout the costs and charges of obtaining and passing this, and other necessary disbursements by him made, pursuant to the directions of the said subscribers; and that the persons who have as aforesaid, subscribed, their representatives or assigns, be obliged to pay in the remainder of the sum or sums by him, her, or them, so respectively subscribed, in such shares and proportions, as the said commissioners or their successors, or a quorum of them shall direct, until the whole sum or sums by him, her, or them (or by the person or persons whom he, the or they, do claim under) so respectively subscribed, or such part thereof as shall be so required by the said commissioners or their successors, or a quorum of them shall be paid; and if it shall happen that a greater sum than the amount of the sums so subscribed as aforesaid, shall be requisite or necessary for carrying the purposes of this act into execution, then it shall and may be lawful for the said commissioners, or their successors, or a quorum of them, from time to time, to make one or more call or calls upon the several proprietors of the said joint-stock, requiring each and every of them to pay such further sum and sums proportionate to the sums respectively subscribed by him, her, or them, or by the person or persons whom he, she, or they do claim under, as shall be requisite or necessary for effectuating the said purposes, and each and every person who has so subscribed as aforesaid, their representatives or assigns, shall so soon as the full amount of the sums so subscribed (or such parts thereof as shall have been so required); and also such further sum or sums, if any, as shall be called for by the said commissioners, or their successors, or a quorum of them shall be paid, shall receive a debenture for each one hundred pounds, of the sums subscribed as aforesaid, by him, her, or them, or by the person or persons whom he, she, or they do claim under; which debentures are respectively to be arithmetically numbered, beginning with number one, and ending with number one hundred and twelve, the common excess or difference being one, and to be signed and sealed by the said commissioners or their successors, or any five or more of them, and entered in a book or register to be kept for that purpose.

If subscribers neglect to pay their dividends, &c. their shares may be sold by auction as herein.

X. Provided always, and be it enacted, That if any sum or sums so required, by the said commissioners or their successors, or a quorum of them to be paid, whether the same be a dividend or dividends of the said original subscription, or be a proportion or proportions of such further sum or sums as shall be necessary, be not paid by the person or persons who has, or have so subscribed, their representatives or assigns, within fourteen days after the respective days to be limited or appointed for that purpose, by the said commissioners or their successors, or a quorum of them, (fourteen days previous notice of the dividends or proportions required to be paid, being given by public advertisement in manner as herein before mentioned, then and in such case, the share and shares of all and every person and persons refusing or neglecting to pay the amount of the said dividend or dividends, proportion or proportions, shall be fold by public cant, by the said commissioners or their successors, or a quorum of them, after having first caused public notice of such sale to be given, ten days at the least before the day of such sale, and such person or persons so refusing or neglecting, shall be from thenceforth for ever barred from such share and shares, and all profits and advantages arising, or to arise therefrom, and all interest in the same, both in law and equity, and such share and shares, and all profits and advantages therefrom, shall from thenceforth be vested in such purchaser or purchasers.

Proprietors of stock may bequeath or assign, &c. as herein.

XI. And be it enacted, That it shall and may be lawful for each and every proprietor of any share of the said joint stock, to bequeath the same, or to assign the same in his lifetime; and that every assignment which shall be made of any part of the said joint stock, shall be entered and made in a book for that purpose, to be kept at such place as shall be appointed by the said commissioners or their successors, or a quorum of them, and that no assignment thereof shall be deemed good, until entry thereof shall be made in such book, for the entry of every such assignment, a fee of five shillings and no more, shall be paid to the said commissioners or their successors, for the use of the said company.

If commissioners have not already purchased said ferry, they may summon, &c. as herein.

XII. And be it enacted, That in case the said persons herein before named, shall not before the passing of this act, have purchased the said ferry herein before mentioned, and the interest of all and every person and persons claiming any estate, right, title, or property therein, that then the said commissioners or their successors, or a quorum of them, shall and may immediately after the passing of this act, and before they proceed to build the said bridge, summon the owner or owners, and all persons whomsoever, having or claiming any estate or interest in or to the said ferry, to meet the said commissioners at such time and place in the said town of New Ross, as shall be specified in such summons, in order to agree with such person or persons for the purchase of their respective estates and interests in the said ferry, which summons shall be served upon or left at the dwelling-house of such person or persons respectively, seven days at the least before they shall be required to meet the said commissioners.

All bodies politick, &c. &c. empowered to sell and convey said ferry to commissioners, &c. as herein.

XIII. And be it enacted, That it shall and may be lawful to and for all bodies politic, corporate and collegiate, aggregate or sole, feoffees in trust, guardians, or committees to lunaticks and idiots, executors, administrators, guardians and tenants for life, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of the cestuique trusts, whether infants, or issue unborn, lunatics, feme coverts, or other persons whomsoever, and to and for all persons who are or shall be seized, possessed of, or interested in the aforesaid ferry, to sell and convey such ferry to the said commissioners and their successors; and that all contracts, agreements and conveyances, which shall be made by such person or persons, shall be good and valid in law to all intents and purposes, to convey all the estate, right, title and interest, use, property, claim and demand whatsoever, as well by him, her, or themselves, as his, her, or their several and respective cestuique trusts, whether infants, or issue unborn, lunatics, idiots, feme coverts, or other persons whomsoever, and of all persons whomsoever claiming, or to claim by, from, or under them, or any of them; and if it shall happen that any body or bodies politic or corporate, person or persons having, or claiming to have any estate, right, title or interest in or to such ferry, shall refuse, decline, or neglect to agree with the said commissioners or their successors, or a quorum of them, for the sale or conveyance of their, his, or her respective estate, right, title and interest in such ferry, or shall not make out a title to such estate or interest as they, he or the claim, to the satisfaction of the said commissioners or their successors, or a quorum of them, that then and in such case it shall and may be lawful to and for the said commissioners or their successors, or a quorum of them, and they are hereby authorized and empowered to issue a preceptor precepts, warrant or warrants, instrument or instruments in writing, under their common seal, directed to the sheriffs of the county of the city of Dublin, to command such sheriffs to summon and return, and such sheriffs are hereby authorized and required within seven days after the receipt of such precept or precepts, warrant or warrants, instrument or instruments, to summon and return a number of persons not less than thirty-six, or more than sixty, qualified according to the laws and statutes of this realm, to be returned for trials of issues joined in his Majesty’s courts at Dublin, (and twelve at least of which persons shall have served on a grand jury of the county of the said city of Dublin,) to appear before such sheriffs, at such time and place, as by such precept or precepts, warrant or warrants, instrument or instruments in writing as aforesaid, shall be directed or appointed, (of which time and place, such persons so summoned shall have forty-eight hours previous notice, to be served as in such cases usual, and required by law), and also to return in issues upon every, person so summoned and returned, the sum of five pounds sterling; at which time and place such sheriffs or their under-sheriff, is and are hereby required to attend and call over the names of the several persons so summoned, impannelled and returned, and the first three persons who upon the calling over of the said names shall there appear, and who shall have served on grand juries as aforesaid, to whom no legal or just cause of challenge to serve as jurors on such inquest shall lie, shall be commissioners for presiding at, and holding such enquiry or inquisition, and the next twelve persons who upon calling over the names of the persons so summoned, impannelled and returned, who shall there appear, and to whom no legal or just cause of challenge shall lie, shall be the jury for assessing and ascertaining what sums, compensation, or recompence shall be paid or given to all and every body and bodies politick or corporate, person or persons for their, his, or her right, title and interest, use, property, claim and demand in or to the said ferry, and for the damages which they, he or the may sustain by the erecting the said bridge; and in default of the appearance of a sufficient number of the persons so summoned, impannelled and returned, such sheriffs or their under sheriff, shall return other honest and in-different men, of the standers-by, or that can be speedily procured to attend that service, to make up such jury to the number twelve; and all parties concerned, shall have their lawful challenges against any of the persons returned to serve as jurymen when they come to be sworn, but shall not be at liberty to challenge the array; and such commissioners for presiding at, and holding such inquiry or inquisition, or any two of them, are hereby authorized and impowered by summons or warrant, under their hands and seals, from time to time, as occasion shall require, to call before them all and every person and persons whomsoever, who shall be thought necessary to be examined as a witness, or as witnesses, and to examine him, her, or them, on his, her, or their oath or oaths, (or if a quaker or quakers, on solemn affirmation), touching and concerning the premises, and the said last mentioned commissioners, or any two of them, shall have power to adjourn from time to time, as occasion shall require, and to command such jury, and all witnesses and parties to attend, until the business for which such jury shall have been impannelled shall be concluded; and the verdict or verdicts of such jury, and the judgment or judgments, decree or decrees, pronounced and made thereupon, (notice in writing being given to the person or persons interested, at least fourteen days before the time of the first meeting of the said jury, declaring the time and place of such meeting of the said commissioners and jury, by personally serving such person or persons with such notice, or by leaving such notice at the dwelling-house or houses of such person or persons, or by leaving it with some person concerned in the management of, or receiving the tolls of such ferry), shall be binding and conclusive to all intents and purposes, against all and every body and bodies politick, or corporate, person and persons claiming any estate, right, title, trust, interest, or property of, into, or out of the said ferry so intended to be purchased, or any reversion, remainder, or expectancy therein.

On payment of money awarded to persons interested, they shall execute conveyances, &c. as herein.

XIV. And be it enacted, That upon payment of the sum or sums of money to be awarded or adjudged as aforesaid, the body and bodies politic or corporate, person and persons to whom the same shall have been awarded or adjudged, shall make and execute good and lawful conveyances to the said commissioners and their successors, of the said ferry, or of such estate, right, title or interest, for which such sum or sums of money shall have been so awarded or adjudged, and shall do all acts requisite to make a good title to the said commissioners and their successors; and in case such body or bodies politic or corporate, person or persons to whom such sum or sums of money shall have been so awarded or adjudged, shall not be able to make out their title to the premisses, to the satisfaction of the said commissioners or their successors, or to make or procure to be made and executed, good and sufficient legal and valid conveyances or assignments thereof, to the said commissioners and their successors; or shall refuse or neglect so to do, being thereunto required, and such sum or sums of money so awarded or adjudged, being tendered or offered to be paid to them, him or her, on their, his, or her making out such title, and executing, or procuring to be executed such conveyances, assignments or assurances, as shall be necessary, or in case such person or persons to whom such sum or sums of money shall have been so awarded or adjudged, cannot be found, or by reason of disputes or differences, or from defect of evidence it shall not appear what body or bodies politic or corporate, person or persons are, or is entitled to the premises in question; or if any mortgagee or mortgagees shall refuse to take the mortgage money due to him, her, or them, on or out of the said premises, after notice given for that purpose as herein is provided, then and in every such case it shall and may be lawful to and for the said commissioners or their successors, or a quorum of them, to pay unto the governor and company of the bank of Ireland, the sum or sums so awarded or adjudged, as the purchase of the right or interest of such body or bodies politic or corporate, person or persons in or to the said ferry, or as shall be due on such mortgage or mortgages, for the use of the body or bodies politic or corporate, person or persons intitled to, or interested; in the said premises, to be paid to them, him or her, according to their, his, or her respective estate or estates, interest or interests, at such time, and in such manner, as to the tight honourable the lord high chancellor, or commissioners for the custody of the great seal for the time being, shall seem meet; and immediately on the payment as aforesaid, of the sum or sums of money so awarded or adjudged, all and singular the estate, right, title, use, trust, interest, property, claim and demand whatsoever at law or in equity, of the body or bodies politic or corporate, person or persons for whose use, and for the purchase of whose interest such money shall be so paid, shall be and remain vested in the said commissioners and their successors, and shall be deemed and taken in law to be in their actual seizin and possession, to all intents and purposes, as fully and effectually as if the said body or bodies politic or corporate, person or persons, had actually and bona fide sold and conveyed, or assigned the same to the said commissioners and their successors.

All sales, &c. of said ferry, as effectual in law, as if sines levied, or recoveries suffered, &c.

XV. And be it enacted, That all bargains, sales, and conveyances whatsoever, of the said ferry, or any right or title to, or interest in the same, shall have as full and effectual, and the same force and effect in law, to all intents and purposes which any fine or fines, recovery or recoveries, would have, if levied or suffered by the bargainer or bargainers, person or persons seized or possessed of such estate, right, title, or interest in or to the said ferry.

Persons who have mortgages on said ferry, shall assign them to commissioners on tender of amount, &c. as herein.

XVI. And be it enacted, That all and every person and persons who shall have any mortgage or mortgages on such ferry, shall on tender by the said commissioners or their successors, or a quorum of them, of the principal, interest, and costs due on such mortgage or mortgages, immediately assign such mortgage or mortgages to the said commissioners, and their successors, or to such person or persons in trust for them, as they, or a quorum of them shall appoint; and in case the said commissioners, or their successors, or a quorum of them shall give six months notice in writing to such mortgagee or mortgagees, that they will at the end of the said six months pay and discharge the principal, interest, and costs due on the said mortgage or mortgages, and that such mortgagee or mortgagees, shall at the expiration of the said six months, refuse to receive the said principal, interest, and costs, the same being tendered to him, her, or them, or shall omit or neglect to assign to the said commissioners, and their successors, such mortgage or mortgages, then and in such case, all interest thereon shall from the day of such tender of payment absolutely cease and determine.

Commissioners may impose sines not exceeding 10l. upon sheriffs, jury-men, witnesses, &c. as herein.

XVII. And be it enacted, That it shall and may be lawful to and for the said commissioners, and their successors, or a quorum of them, from time to time, to impose any reasonable fine not exceeding ten pounds on any sheriff or sheriffs, or their deputy or deputies, bailiffs or agents respectively, who shall make any default in the premises, and on any person or persons who shall be summoned and returned on such jury or juries, who shall not appear, and also on any witness or witnesses who shall not attend, or who shall attend, and refuse to be sworn, or who being sworn, shall refuse to give evidence; and on any person or persons summoned and returned on such jury or juries, who shall refuse to be sworn on any such jury or juries, or being sworn thereon, shall not give his or their verdict, or shall in any other manner wilfully neglect his or their duty in and touching the premises, contrary to the true intent and meaning of this act, all which fines shall be estreated into his Majesty’s court of exchequer, and shall be levied in such manner as fines imposed by judges at nisi prius upon sheriffs or jurors are, or may be estreated or levied.

Commissioners to support the ferry until the bridge is built, and to receive tolls, &c.

XVIII. And be it enacted, That the said commissioners, and their successors be, and they are hereby authorized and empowered from the time they shall purchase the said ferry, to continue, establish, support, and maintain the same with proper and sufficient boats to ply for hire over and across the said river of Ross, until the said intended bridge shall be completed, and to demand and receive for the conveyance of all carriages, cattle, persons, and other matters over and across the said ferry, such and the like tons as they by this act are empowered to demand and receive for the passage over the said intended bridge, with such and the like remedies for recovery and enforcing the payment of the same, as by this act are given for recovery and enforcing payment of the tolls and duties for passage over the said intended bridge.

No boats to ply for hire within a mile of the ferry, or the bridge, penalty 10l. over all tolls, unless licensed by commissioners;

justice may order boats,&c. to be sold, and if not sufficient, persons may be committed to goal.

XIX. And be it enacted, That from and after the time that the said commissioners or their successors shall purchase the said ferry, no boat or boats except those belonging to the said commissioners or their successors, or to such person or persons as they shall authorize or appoint, shall ply for hire within the distance of one mile above, or of one mile below the said ferry or the said bridge, after the same shall be built; and that all and every person or persons carrying or conveying for hire over, or across the said river, within the said limits, any carriage, cattle, person, or other matter subject to toll, without being thereto licensed, or appointed by the said commissioners or their successors, or a quorum of them, shall for each and every such offence, forfeit and pay to the said commissioners and their successors, the sum of ten pounds, over and above the tolls or duty payable for the passage of such carriages, cattle, persons, or other matters; and the said commissioners and their successors, or a quorum of them, or such person or persons as they shall authorize and appoint in that behalf, shall and may seize and detain all and every boat and boats in which such carriages, cattle, person, or matters shall be conveyed, together with all the oars, masts, sails and furniture to such boat or boats belonging, and the person or persons rowing or working such boat or boats, and the carriages, cattle, persons, and other matters so conveyed across the said river, contrary to the true intent and meaning hereof, and may bring such person and persons before one or more justice or justices of the peace of the county, in which he, the, or they shall be so seized, who is and are hereby authorized and required upon due proof of such offence, by warrant under his or their hand or hands and seal or seals, to order and direct such boat and boats, with the furniture to her and them belonging, and such carriage, cattle, or other matters, to be forthwith sold for payment of the said forfeiture or penalty, and the said toll or duty; and in case the produce of such sale shall not be sufficient to satisfy the same, then such justice or justices shall and may commit such person or persons so brought before him or them, to the common gaol of the county, until the residue of the said penalty or forfeiture, and the said toll or duty be paid, or for such time not exceeding one month, as to such justice or justices shall seem meet.

Persons employed, shall have same powers as overseers of public roads.

XX. And be it enacted, That all architects, overseers, managers, or persons employed to build the said bridge, or such person or persons as the said commissioners or their successors, or a quorum of them shall appoint, shall have all and singular the same power of raising and carrying away gravel, stones, earth, or other materials for the purpose of erecting, completing, or repairing the said bridge, as are given by the laws now in force, to the overseers of public roads, subject to the same regulations and restrictions.

Rates of tolls.

Commissioners empowered to levy tolls by distress;

distress may be sold in 4 days.

XXI. And for as much as the erecting and building the said bridge so intended to be built, and the repairing, preserving, enlightening, watching and supporting the said bridge, and purchasing the said ferry, must be attended with considerable charges and expence; be it enacted, That it shall and may be lawful to and for the said commissioners and their successors, or a quorum of them, and they are hereby authorized and empowered to demand, take and receive, or cause to be demanded, taken and received in the nature of a toll, before any passage over the said bridge shall be permitted or allowed, any sum or sums which the said commissioners or their successors, or a quorum of them of them at any meeting or meetings shall direct, not exceeding the following rates; that is to say, for every coach, berlin, chariot, calash, chaise or chair, drawn by six or more horses, or other beasts of burthen, the sum of three shillings and three pence; for every coach, berlin, chariot, calash, chaise or chair, drawn by any lesser number of horses, or other beasts of burthen than six, and more than two, two shillings and eight pence halfpenny; for every coach, berlin, chariot, calash, chaise or chair, drawn with two horses, or other beasts of burthen, the sum of one shilling and seven pence halfpenny; for every waggon, wain, cart, car, or other carriage with four wheels drawn by four or more horses, or other beasts of burthen, the sum of one shilling and one penny, if drawn by less than four horses, or other beasts of burthen, the sum of ten pence; for every waggon, wain, cart, car or other carriage with two wheels, drawn by more than two horses, or other beasts of burthen, the sum of eight pence; for every cart, car, or other carriage drawn by two horses, or other beasts of burthen, the sum of six pence halfpenny; for every carriage commonly called a chaise or chair, with two wheels, drawn with one horse, or other beast of burthen, the sum of six pence halfpenny, if with four wheels, the sum of ten pence; for every sedan chair, the sum of four pence; for every cart, car, or, other carriage drawn by one horse, or other beast of burthen, and not laden, the sum of two pence halfpenny; for every cart, car, or other carriage drawn by one horse, or other beast of burthen, and laden, (except with hogs) the sum of six pence halfpenny; for every sledge, slide, or other carriage without wheels, drawn in any manner, the sum of one shilling and one penny; and for all carriages whatsoever, drawn in or by any other manner than as aforesaid, the sum of six pence half penny; for every horse, gelding, mare, mule, ass, or other beast of burthen laden, and not drawing, the sum of two pence; for every horse, gelding, mare, mule, or ass, unladen, the sum of one penny; for every drove of oxen or neat cattle, the sum of three shillings and four pence per score, and so in proportion for a greater or lesser number; for every drove of calves, hogs, sheep or lambs, the sum of ten pence per score, and so in proportion for a greater or lesser number; for every dead hog, the sum of one penny; for every person carrying or conveying a kish, basket, back-load, or pack of any kind, the sum of one penny; for every drove or flock of fowl whatsoever, the sum of three pence per dozen, and so in proportion for a greater or lesser number; for every passenger passing over said bridge, (except such person or persons as shall be driven in a coach, chariot, berlin, chaise, chair or calash, and the driver or drivers thereof, and the footman or footmen, servant or servants belonging thereto, and standing behind the same, the sum of one halfpenny; which said respcetive sum and sums of money shall be demanded and taken in the name of, and as for pontage, toll or duty, and the money so to be raised as aforesaid, is hereby and shall be and remain vested in the said commissioners and their successors for ever, and the same and every part thereof, shall be applied and be disposed of, and be assigned to and for the several uses, intents and purposes, and in such manner, as herein after is mentioned, directed and appointed; and the said commissioners and their successors, or a quorum of them, are hereby authorized, empowered and required by themselves, or by some person or persons by them or their successors, or a quorum of them, under their hands and common seal authorized and appointed to levy the said tolls and duties hereby appointed and required to be paid, of and from all and every person and persons, who after demand made of such toll or duty, shall refuse or neglect to pay the same, either by distress of any carriage, horse, or other beast, or goods upon which such toll or duty is by this act imposed and made payable, or by distress of any other the goods or chattels of such person or persons who so ought to pay the said toll or duty, and may detain such distress until such toll or duty, with the reasonable costs and charges of distraining and keeping such distress shall be paid; and it shall and may be lawful to and for the person or persons so distraining, after the space of four days, from the time such distress was made and taken, to sell the same by public auction, and satisfy and pay the said toll or duty, and the reasonable costs and charges of such distress, and keeping the same, and sale thereof, he and they returning the overplus, (if any be), to the owner or owners thereof upon demand.

Commissioners may erect toll-houses and gates, and receive tolls, &c.

XXII. And be it enacted, That it shall and may be lawful to and for the said commissioners, and their successors, or a quorum of them, and they are hereby authorized and empowered to erect and place a toll-house or toll-houses, and toll-gate or toll-gates at, or near the said bridge, and the said commissioners, and their successors, or a quorum of them, and all and every person and persons by them thereunto authorized, as herein-after mentioned, are hereby empowered to demand and receive at such gate or gates the tolls or duties by this act imposed, before they suffer or permit the passage of any person, carriage, cattle, goods, or other matter through the said gate or gates.

Persons who force a passage, or damage toll-houses or gates, or obstruct receivers, &c. subject to a penalty of 10l. with costs, to be levied by distress: and if distress not sufficient, three months imprisonment.

XXIII. And be it enacted, That all and every person and persons forcing a passage through such gate or gates, for himself, herself, or themselves, or for any other person or persons, or for any carriage, cattle, goods, or other matter on which toll is payable, without having paid the due and regulated tolls or duties payable thereon, or shall wilfully or maliciously destroy, break, pull down, or in any manner damage such toll-house or toll-houses, gate or gates so to be erected by virtue of this act, or shall prevent, or in any manner obstruct the erection of any such toll-house or houses, gate or gates, or shall prevent any of the receivers, collectors, or other persons to be appointed by the said commissioners, or their successors, or a quorum of them, for the collecting, or assisting in the collecting such tolls, or shall in any manner obstruct such receiver or receivers, collector, or collectors, or other person or persons, all and every person and persons so offending, shall and may for every such offence, at the instance of the said commissioners or their successors, or a quorum of them, or of the person or persons appointed to receive or assist in the collecting the said tolls, be (personally, or by notice in writing left at his, her, or their usual place of abode, with some person above the age of sixteen years residing therein, twenty-four hours at the least, before the time appointed for his, her, or their appearance) required to appear before a neighbouring justice or justices of the peace, for the county in which such offence or offences shall have been committed; which justice or justices of the peace shall hear and determine the merits of such complaint in a summary way, and upon proof of such offence by the oath or oaths of one or more witness or witnesses, (which oaths such justice or justices is and are hereby required to administer), or by the confession of the party, shall, whether the parties or party complained against appear or not, adjudge the offender or offenders to pay to the said commissioners and their successors, or to the said person or persons by them authorized, such sum as to the said justice or justices shall seem meet, not exceeding ten pounds, together with the necessary costs and charges attending such conviction; and in case of non-payment of the sum so adjudged, and the said costs, the same shall be levied by distress of the goods and chattels of the offender or offenders, by warrant under the hand and seal, or hands and seals of such justice or justices of the peace; and if the sum so adjudged, and the said costs be not paid, within four days after the time of making such distress, then the said distress shall and may be sold by publick auction, and the sum so adjudged and costs, together with the costs of distraining, keeping, and selling such distress, shall be thereout paid, and the overplus (if any be) returned to the owner or owners thereof upon demand; and in case sufficient distress cannot be made whereout to levy the said sum so adjudged, and costs, then the said justice or justices of the peace shall and may, and he and they are hereby empowered and requited, to commit the person or persons so offending, to the common gaol of the county, in which such offence or offences shall have been committed, there to remain without bail or mainprize, for such time not exceeding three months, as to the said justice or justices of the peace shall seem meet.

A schedule of tolls to be affixed on the bridge, 5l. penalty on gate-keeper.

XXIV. And be it enacted, That on some convenient and publick place on the said intended bridge, and near to the toll-house or toll-houses, toll-gate or toll-gates, to be erected thereon, there shall be affixed, a board or stone, on which shall be distinctly and legibly painted or carved, a schedule of the tolls payable on the passing such gate, under the penalty of five pounds, to be recovered from the keeper of such gate, by any person who shall sue for the same, by civil bill at the assizes, in and for the county in which the said schedule shall not have been so affixed.

No building or stands to be erected on the bridge, except toll-houses and gates.

XXV. And be it enacted, That it shall not be lawful to erect any house or building, or any stand or stands for sale of any goods, wares, or other matters whatsoever, upon the said bridge so to be built, other than such toll-house or toll houses, toll-gate or toll-gates, as by the said commissioners or their successors, or a quorum of them shall be ordered or directed, as herein mentioned.

Commissioners may appoint registers, clerks, &c. (14 days notice by advertisement being given) and may remove them, and appoint others &c.

XXVI. And be it enacted, That the said commissioners or their successors, or a quorum of them, shall and may by writing under their hands and common seal, at any publick meeting of the said commissioners, fourteen days previous notice of such meeting being given by publick advertisement, in manner herein before mentioned, appoint one or more register or registers, clerk or clerks, treasurer or treasurers, receiver or receivers, collector or collectors of the monies to be received, pursuant to this act, and such other officers as the said commissioners or their successors, or a quorum of them, shall think necessary, and from time to time may, at their will and pleasure, remove such officers, and in like manner may appoint others in the room of any officer or officers removed, or that shall happen to die; and the said commissioners and their successors, or a quorum of them, shall and may take such security from each and every person so to be appointed for the due execution of their, and each of their respective offices, as the said commissioners or their successors, or a quorum of them shall think proper; and shall and may out of the money subscribed as aforesaid, and to be received by virtue of this act, make reasonable allowances and payments to such officer and officers as shall be so appointed for, and in consderation of their respective services, and to such other persons as shall be aiding and assisting in the execution of this act.

Service of subpœna, &c. on register, &c. deemed service, if made 14 days before return.

XXVII. And be it enacted, That service of such register, or any officer to be hereafter appointed by the said commissioners or their successors, or a quorum of them, with any subpœna, order, decree, or process of any court of law or equity, shall be deemed good service of the said commissioners and their successors, so as such service be made at least fourteen days before the day of the return of such subpœna, order, decree, or process.

Tolls to be paid to collectors, who shall pay person appointed by commissioners and account on oath.

Collector neglecting to make payments 2 days after demand, to be commited.

XXVIII. And be it enacted, That all and every person and persons liable to pay any of the tolls or duties by this act imposed or made payable, do, and they are hereby required to pay the same, after the rates aforesaid, to such receiver or receivers, collector or collectors, as shall be appointed by the said commissioners or their successors, or a quorum of them, and all and every such receivers and collectors, shall respectively pay the same at all time and times when thereunto required by the said commissioners or their successors, or a quorum of them, either to the treasurer to the said commissioners, or to such person or persons as the said commissioners or their successors, or a quorum of them, shall by writing under their hands and common seal, empower and appoint to receive the same; and all and every such receiver and receivers, collector and collectors, shall also upon oath, if required by the said commissioners or their successors, or a quorum of them, (which oath the said commissioners or their successors, or a quorum of them, are hereby empowered to administer) from time to time give in to the said treasurer, or person or persons appointed by the said commissioners or their successors, or a quorum of them, to receive the same, a true, exact, and perfect account in writing, signed by him or them respectively, of all and every monies which they and each of them respectively shall have received, paid and disbursed, from time to time, by virtue of this act, or by reason of his or their respective offices, (which oath may be taken without being subjected to any stamp duty,) and no see or reward shall be taken for the same; and in case any receiver or receivers, collector or collectors of the said tolls or duties, shall not within two days after demand thereof, make such account and payment as herein directed, then any justice or justices of the peace for the county of Wexford, or county of Kilkenny, shall and may commit the person or persons so refusing or neglecting, unto the common gaol of the county for which he or they is or are a justice or justices of the peace, there to remain without bail or mainprize, until he or they shall have made true account and payment as herein directed, or until discharged by the said commissioners or their successors, or a quorum of them.

Collectors who demand more than tolls hereby allowed, shall be fined 5l.

XXIX. And be it enacted, That if any receiver or receivers, collector or collectors of the said tolls, shall demand or exact from, or compel any person or persons to pay any toll or duty, not authorized by this act, or any greater toll or duty than of right ought to be paid by such person or persons, every such receiver or receivers, collector or collectors, shall for each and every such offence, forfeit the sum of five pounds, to he recovered in a summary way, before any neighbouring justice or justices of the peace for the county in which such unlawful toll or duty shall have been demanded or exacted, upon proof by the person or persons from whom the saute shall have been so demanded or exacted.

Penalty on persons who defraud collectors.

XXX. And be it enacted, That if any person or persons shall deceive or defraud, or attempt to deceive or defraud any receiver or collector, to be appointed in pursuance of this act, of any part of the toll or duty which shall be justly payable to him or them by such person or persons, every such person or persons so offending, and being thereof convicted before any one or more justice or justices of the peace for the county of Wexford, or county of Kilkenny, shall respectively forfeit and pay such sum, not exceeding twenty shillings, over and besides the toll or duty which he, she, or they, were liable to pay, as to such justice or justices of the peace shall seem meet, the same to be levied and recovered as any other penalty or forfeiture is by this act directed to be levied and recovered, and applied to the use of the said commissioners and their successors.

When bridge is finished, the passage shall be opened, &c. as herein.

XXXI. And to the intent that the passage over the said intended bridge, be at all times open, and be rendered safe, commodious, and free from obstructions; be it enacted, That so soon as the said bridge shall be completely finished, the passage over the same shall be open, and be deemed and used as a common highway for ever; and that all carriages passing over the said bridge from the said town of New Ross, shall go on the south side thereof; and all carriages passing over the said bridge from the county of Kilkenny side shall go on the north side thereof; and that no coachman or driver do stand or ply for hire with any coach or carriage whatsoever, or leave or keep any empty coach or carriage of any kind on the said bridge, or within one hundred yards of either end thereof; and that no carman, carter, or drayman, or driver of any carriage whatsoever, do wilfully or without absolute necessity, stop or stand with, or leave any cart, car, dray, waggon, truckle, or carriage of any kind upon the said bridge, or within one hundred yards of either end thereof, or remain on the said bridge, or within one hundred yards of either end thereof, longer than shall be necessary for going over the same; and that no person or persons do put any filth, dung, ashes, or rubbish on the said bridge, or do any act that may be an annoyance thereto; and that all and every person and persons offending in any of the said cases, shall and may be apprehended and seized by any person or persons, and brought before any justice or justices of the peace for the county in which such offence or offences shall be committed, and every such offender and offenders being of any of the said offences convicted before such justice or justices of the peace, upon the oath of one or more credible witness or witnesses, or by his, her, or their confession, shall for every such offence forfeit and pay such sum not exceeding twenty shillings, nor less than two shillings and six-pence, as the said justice or justices of the peace shall direct, such sum to go and be applied to the use of the person or persons informing against and apprehending such offender or offenders, in such shares as shall be directed by the said justice or justices of the peace before whom such offender or offenders shall be convicted; and in default of immediate payment of such sum, the said offender or offenders shall be committed by the said justice or justices of the peace to the common gaol of the county of which he or they, is, or are a justice or justices of the peace, for such time not exceeding five days as the said justice or justices of the peace shall direct.

No order of a justice, &c. shall be quashed, &c.

XXXII. And be it enacted, That no order which shall be made by any justice or justices of the peace by virtue of this act, or any proceedings to be had touching the conviction of any offender or offenders against this act, shall be quashed or vacated for want of form only, or be removed or removable by certiorari, or any other writ or process whatsoever, into any of his Majesty’s courts of record in Dublin.

Persons aggrieved may appeal to next quarter sessions.

XXXIII. Provided always, and it is hereby enacted, That in case any person or persons shall think him, her, or themselves aggrieved by any order or proceedings of any justice or justices of the peace, which shall be made or had under this act, it shall and may be lawful to and for such person or persons to appeal to the justices of the peace for the county in which such order or proceedings shall have been made or had at the next ensuing general quarter sessions to be held in and for the said county, and the justices at such general quarter sessions are hereby required to hear and finally determine all and every such appeal and appeals, and award to the party or parties for whom such appeal shall be determined, such costs as to them in their discretion shall seem reasonable, the same to be levied by the warrant of such justices, by distress and sale of the goods and chattels of the person or persons awarded and ordered to pay such costs.

Persons who injure bridge, &c. shall suffer death.

XXXIV. And for the preventing wilful or malicious damage or destruction of the said bridge so to be built or any part thereof; be it enacted, That if any person or persons whosoever, shall unlawfully, wilfully, or malieiously blow up, pull down, or destroy the said bridge, or any part thereof, or remote, pull down, or destroy, or take away any works thereto belonging, or in any wife direct or procure the same to be done, whereby the lives of passengers or other persons shall or may be endangered, such offender or offenders being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as a felon.

Owners of vessels answerable for damage &c. as herein.

XXXV. And be it enacted, That the owner or owners of every ship, vessel and boat navigating the said river of Ross, shall be answerable for all damages or mischief which shall be committed or done to the said bridge, or any part thereof, by any of the crew or persons belonging to such ship, vessel, or boat; and that in case any person or persons having the charge or management of any such ship, vessel, or boat, or navigating the same, shall neglect or omit to take proper care to moor or make fast such ship, vessel, or boat, and in consequence of such neglect or omission, the said ship, vessel, or boat shall run foul of the said bridge, and thereby, or in any other manner damage the said bridge, or any part thereof, all and every person and persons so offending, shall forfeit to the said commissioners or their successors treble the sum necessary to be laid out in repairing such damage, to be recovered by action of debt, bill, plaint or information, in any of his Majesty’s courts of record, or by civil bill in the court of proper jurisdiction; and that any person who shall moor or lay any ship, vessel, or boat, so as to prevent or obstruct the passage of any ship or vessel through the portcullis of the said bridge, and shall not upon demand immediately remove the same, or any person having the charge or management of any ship or vessel, who shall demand the opening of such portcullis, before the yards or rigging of the ship or vessel he shall have the charge or management of, shall be in proper trim, and the said ship or vessel properly moored and ready for passing through the said portcullis without delay, or who shall in any manner occasion the said portcullis to be kept open, and the free passage over the said bridge obstructed for any longer time than absolutely necessary for the passage of such ship or vessel through the same, every person and persons so offending, shall upon complaint to the sovereign, deputy-sovereign, recorder, or other magistrate or magistrates of the said town of New-Ross, forfeit and pay to the person or persons complaining, such sum or sums not exceeding five pounds for each offence, as the said sovereign, deputy-sovereign, recorder, magistrate or magistrates, upon due proof of such offence, shall award or adjudge, and in case of non-payment of the sum or sums so awarded, the said sovereign, deputy sovereign, recorder, magistrate or magistrates, shall and may by warrant under his or their hand and seal, or hands and seals, order and direct that any of the furniture, tackle, apparel, or other articles belonging to such ship or vessel, sufficient to satisfy the said sum or sums so awarded or adjudged, be distrained, and if not redeemed within two days after such distress be sold for payment of the said sum or sums, and the reasonable costs and charges of such distress and sale, rendering the overplus, If any, to the person or persons from whom the same shall have been so taken.

Proprietors of stock entitled to tolls &c. 28 herein.

XXXVI. And be it enacted, That the respective proprietors of the said joint stock, their executors, administrators, or assigns, shall be entitled to the tolls, duties, and profits hereby vested in the said commissioners and their successors, in proportion to their respective shares of, and interest in the said joint stock of the said company, subject to such charges as the said commissioners or their successors, or a quorum of them shall think sit, to make for the completing, preserving, or repairing the said intended bridge, and for the other purposes by this act authorized; and that the clear profits which shall arise from the tolls and duties hereby granted, or so much thereof as by the said commissioners, or their successors, or a quorum of them, shall be deemed expedient and proper, shall on each first day of May, and first day of November, or within twenty-one days after the said respective days, be paid to and amongst the respective proprietors of the said joint stock, in proportion to their respective shares and interests therein; and that the said proprietors interest in the said joint stock, shall be deemed and adjudged in all courts of law and equity, to be personal and not real estate; and that no person being or becoming a subscriber for carrying on the said work, or a proprietor of part of the said joint stock, shall thereby be liable to be a bankrupt within the meaning of any law concerning bankrupts; nor shall the capital stock of the said company, or the interest of any member or members therein, be liable to any foreign attachment.

Commissioners may set tolls for 20 years, &c.

XXXVII. And be it enacted, That it shall and may be lawful to and for the said commissioners, or their successors, or a quorum of them, to demise or set the said tolls, or any tolls appointed by virtue of this act, for any term not exceeding ten years; and the said commissioners, or their successors, or a quorum of them, are empowered and hereby required under their hands and common seal, to appoint the tenant or tenants thereof, his or their servant or servants, to collect and receive such tolls for the said term, and to erect such toll-gate or gates as aforesaid, and the said commissioners, and their successors, or a quorum of them, are hereby authorized and empowered to make and ordain such rules and regulations as they shall judge expedient and necessary for the better collecting the tolls aforesaid.

Actions or suits for things done under this act, to commence &c. as herein.

XXXVIII. And be it enacted, That if any action shall be brought, or suit commenced against any person or persons for, or on account of any matter or thing by him, her, or them done in pursuance of this act, or in relation to any matter or thing herein contained, such action or suit shall be commenced, laid, or brought within six months next after the fact done, and shall be laid in the county of Wexford, or county of Kilkenny, and not elsewhere; and the defendant or defendants in such action or suit, may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if the same shall appear to have been so done, or if such action or suit shall not be brought within the said time hereby limited, or shall be brought in any city, county, or place, other than as aforesaid, then the jury shall find for the defendant or defendants; and if the plaintiff or plaintiffs shall become non-suited, or suffer a discontinuance of his, her, or their action or actions, or if a verdict or verdicts shall pass against him, her, or them, or if upon demurrer or otherwise judgment shall be given against the plaintiff or plaintiffs, then the said defendant or defendants shall have treble costs, and shall have such and the like remedies for recovery of the same, as any defendant or defendants hath or have for recovery of their costs, where costs are by law given to defendants.

A publick act.

XXXIX. And be it further enacted by the authority aforesaid, That this act shall be deemed a publick act, and shall in all cases be taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.