Dunmore Harbour Act 1818

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DUNMORE HARBOUR ACT 1818

CAP. LXXII.

An Act for improving and completing the Harbour of Dunmore, in the County of Waterford, and rendering it a fit Situation for His Majesty’s Packets. [3d June 1818.]

Lord Lieutenant may appoint Commissioners.

WHEREAS the Pier of Dunmore, at the Mouth of the Haven of Waterford, has been begun and carried on at the public Expence, chiefly for the Accommodation of His Majesty’s Packets plying between Waterford and Milford; And whereas it is expedient to provide for the improving and completing the said Pier and Harbour, for the Regulation of the Shipping that may use the same, and for the Support and Preservation of the Harbour when completed: May it therefore please Your Majesty that it may be enacted; and 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 Lieutenant, or other Chief Governor or Governors of Ireland for the Time being, from and immediately after the passing of this Act, to appoint by Writing, under his or their Hand or Hands any Persons whom he or they may think proper, not exceeding Five in Number, to be Commissioners for the Purpose of carrying this Act into Execution, who shall Act without Fee or Reward; and such Persons so to be appointed shall be and are hereby appointed Commissioners for the Purposes of this Act; and it shall and maybe lawful for any Two of the said Commissioners to do any Act, Matter, or Thing whatever in the Execution of this Act, except in Cases specially provided for by this Act.

Appointment may be revoked, and in case of Vacancies by Death, &c. other Persons may be appointed Commissioners.

II. Provided always, and be it enacted, That it shall and may be lawful to and for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the Time being, to revoke the Appointment of any Person or Persons so appointed to be a Commissioner or Commissioners for the Purposes of this Act; and that in case of any Vacancy or Vacancies by such Revocation, or by the Death or Resignation of any One or more of the Commissioners to be appointed by virtue of this Act, it shall and may be lawful to and for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the Time being, from Time to Time to nominate and appoint such other Person or Persons to be a Commissioner or Commissioners for the Purposes of this Act, as such Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being shall think fit and proper to supply such Vacancies; and every Person so nominated and appointed shall have such and the like Power and Authorities for carrying this Act into Execution, to all Intents and Purposes whatsoever, as the Persons originally appointed to be Commissioners under this Act.

Commissioners to take and subscribe Oath.

III. And be it further enacted, That the said Commissioners and each and every of them shall take and subscribe the Oath following before he or they shall take upon himself or themselves the Execution of any of the Powers or Authorities hereby given, other than administering the said Oath:

‘I A. B. do swear, That I will, without Favour or Affection, Hatred or Malice, truly, faithfully, and impartially, according to the best of my Skill and Judgment, execute and perform all and every of the Powers, Authorities, and Duties of a Commissioner reposed in me under and by virtue of an Act made in the Fifty-eighth Year of the Reign of His present Majesty King George the Third, intituled [here set forth the Title of this Act].’

Which Oath any one of the said Commissioners, or any Person named in any Appointment of Commissioners, is hereby authorized and required to administer at the First or any other Meeting to be held by virtue of this Act.

Commissioners may appoint Officers.

Officers to take and subscribe Oath.

IV. And be it further enacted, That it shall and may be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the Time being, and he and they is and are hereby authorized, empowered, and required, from Time to Time to nominate and appoint a Secretary to the said Commissioners; and the said Commissioners are hereby authorized and empowered to nominate and appoint One or more Clerk or Clerks, and also from Time to Time to employ such Engineers, Surveyors, and other Officers, and such Labourers, Workmen, and Artificers, as the said Commissioners or any Two of them shall think proper and expedient, for the better carrying into Execution the Purposes of this Act; and to pay and allow to such Secretary and Clerk such Salary or Allowance as the said Commissioners, with the Consent of the Lord Lieutenant or other Chief Governor or Governors, shall think fit: Provided nevertheless, that such Secretary as shall or may hereafter be appointed shall take and subscribe the following Oath before he shall take upon himself the Execution of any of the Duties annexed to his said Office, which Oath any one of the said Commissioners or any Justice of the Peace is hereby authorized, and empowered to administer:

‘I C. D. do swear, That I will well, truly, and faithfully, without Fraud or Concealment, do, perform, and execute the several Duties attached to the Office of Secretary to which have been appointed by the Commissioners for improving and completing the Harbour at Dunmore, in the County of Waterford; and that I will not accept or receive, directly or indirectly, any Monies, Fees, Perquisites, or Profits, by way of Commission, Premium, Per-centage, Poundage, or otherwise, for or by reason of the said Office, or any of the Duties annexed thereto, or by reason of any Account, Contract, or Payment made or to be made, or in any way relating to the said Harbour, or any of the Materials or Works thereof, save such Payment and Compensation only as shall be paid or allowed to me by the said Commissioners.’

And if any such Secretary, Clerk, or other Officer, Engineer or Surveyor, shall be guilty of any Fraud, Concealment, or other Matter, contrary to the true Intent and Meaning of the said Oath, and be thereof convicted, he shall be deemed guilty of a Misdemeanor; and it shall be lawful for the Court, by and before whom such Person shall be tried and convicted, to inflict such Punishment as may be by Law inflicted on a Person guilty of a Misdemeanor.

Commissioners may contract for Works.

V. And be it further enacted, That it shall and may be lawful to and for the Commissioners for the Purposes of this Act for the Time being, and they are hereby authorized and empowered, to contract and agree with any fit and proper Person or Persons, Engineer, Surveyor, Artificers, Workmen, and others, for the making, doing, completing, and finishing all or any of the Quays, Piers, Walls, Erections, Roads, and Works requisite to be done and performed, for the completing, executing, and finishing the said Harbour at Dunmore, or any Part thereof, or for supplying any of the Materials for the same; and every such Contract shall be signed by the Person or Persons contracting or agreeing to perform such Works respectively, and also by Two or more of the Commissioners for the Purposes of this Act, or by the Secretary authorized by the said Commissioners for that Purpose; and that all Contract which shall or may be so entered into shall be and the same are hereby declared good, valid, and effectual, to all Intents and Purposes whatsoever.

Commissioners may bring and defend Actions in the Name of their Secretary.

VI. And be it further enacted, That the said Commissioner or Commissioners may sue and be sued in the Name of his or their Secretary for the Time being, by the Style and Title of ‘Secretary to the Commissioners of Dunmore Harbour;’ and that all Actions, Suits, Prosecutions, Informations, Appeals, and other Proceedings whatsoever, that may be necessary or expedient to be brought for the Recovery of any Penalty or Sum of Money due or payable by virtue of this All, to be had, taken, prosecuted, or defended by or against the said Commissioners, shall be had, taken, and prosecuted in the Name of the Secretary; and that no Action, Suit, Prosecution, Information, Appeal, or other Procceedings to be had, taken, prosecuted, or defended by or against the said Commissioners in the Name of their Secretary, shall abate or be discontinued by the Death, Suspension, or Removal of such Secretary, or by any Act or Default of such Secretary done or suffered, without the Consent or Direction of the said Commissioners, but that the Secretary for the Time being shall be always deemed the Plaintiff, Prosecutor, Informant, Appellant, Defendant, or Respondent, in any such Action, Suit, Prosecution, Information, Appeal, or other Proceedings, except in such Action or Actions, Suit or Suits, as shall be instituted, prosecuted, and carried on between the said Commissioners and the Secretary for the Time being, in which Action or Actions, Suit or Suits, any one of the said Commissioners shall or may be Plaintiff or Defendant, as the Case may be: Provided always, that every such Secretary, in whose Name any such Action, Suit, Prosecution, Information, Appeal, or other Proceeding shall be had, taken, prosecuted, or defended, in pursuance of this Act, shall be fully indemnified, reimbursed, and paid, out of the Monies applicable to the Purposes of this Act, all such Costs, Charges, Damages, and Expences as by the Events, or in consequence of any such Action, Suit, Information, Appeal, or other Proceedings, he shall pay, bear, expend, or be put unto, or become chargeable with or liable for, or be fairly entitled to, by reason of his being so made Plaintiff, Defendant, Informant, Appellant, or Respondent, as aforesaid, unless such Action or Suit shall arise in consequence of his own wilful Neglect or Default, or that shall have been brought or commenced, or be defended, without the Order of the said Commissioners.

All the Commissioners may empower the Secretary to Act for them.

VII. And be it further enacted, That it shall and may be lawful for all the Three Commissioners to be appointed for the Purposes of this Act, by any Writing under the Hands of them and every of them, from Time to Time to authorize and empower their Secretary for the Time being to do any special Act, Matter, or Thing which such Commissioners, or any Two of them, are by this Act authorized to do; and every Act, Matter, or Thing done by such Secretary in the Execution of such Power and Authority, shall be as good and valid to all Intents and Purposes as if the same were done by such Commissioners or any Two of them.

Commissioners to purchase Lands.

VIII. And be it further enacted, That it shall and may be lawful to and for the Commissioners for the Execution of this Act, and they are hereby authorized and empowered, by and with the Consent and Approbation in Writing of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, to purchase all such Lands, Ground, Buildings, Houses, Hereditaments, and Premises whatsoever as are mentioned and particularized in the Schedule marked A. to this Act annexed, and in the Map or Plan deposited with the Clerk of the Parliaments, or such Part of them as the said Commissioners for the Execution of this Act may, by and with the Consent and Approbation of the Lord Lieutenant or other Chief Governor or Governors as aforesaid, think necessary to be purchased and employed for the Purposes of this Act; and all such Ground, Buildings, Houses, and Premises which shall be purchased and employed for the Purposes of this Act, shall, when so purchased, be vested in the said Commissioners, and shall be taken Possession of and shall be employed for the Purposes of this Act, according to the Directions of the Commissioners for executing this Act, under the Regulations, in this Act mentioned and contained.

Bodies Politic, &c. empowered to sell and convey Lands.

IX. And be it further enacted, That if shall and may be lawful to and for all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Tenants for Life or in Fee Tail General or Special, Parsons, Vicars, and all Feoffees in Trust, Committees of Lunatics and Idiots, Executors, Administrators, Guardians, and other Trustees whatsoever, for or on behalf of any Infants, Femes Covert, or Cestuique Trusts, and for all and every Person and Persons whomsoever who are or shall be seised, possessed of, or Interested in any of the Lands, Grounds, or Hereditaments specified in the Schedule marked A. to this Act annexed, to treat, contract, and agree with the said Commissioners for the Purchase of such Lands, Grounds, or Hereditaments, or any Part or Parts thereof, and for their Interest therein, for the Purposes aforesaid, and to sell and convey the same, as Occation shall be or require; and ail Contracts and Agreements, Sales, and Conveyances which shall be so made, shall be valid and effectual in the Law to all Intents and Purposes, any Law, Statute, Usage, or any other Matter or Thing whatsoever, to the contrary thereof in any wise notwithstanding; and all Feoffees in Trust, Committees of Lunatics and Idiots, Executors, Administrators, Guardians, and Trustees, Corporations Aggregate and Sole, and all other Persons, are and shall be hereby indemnified for what they shall do by virtue or in pursuance of this Act.

In default of Agreement, a Jury to be summoned.

X. And be it further enacted, That if any Person or Persons seised, or possessed of, or interested in any Ground, Houses, Buildings, Lands, Tenements, Hereditaments, and Premises which shall be deemed necessary to be Purchased by the Commissioners appointed under this Act, with such Consent and Approbation as aforesaid, shall refuse to treat or agree for the Sale thereof, or shall not agree with the said Commissioners in the Sum of Money offered to be given for the same, or shall not or cannot produce a clear Title to the Premises they are in Possession of, or the Interest they claim therein, that then and in every such Case it shall be lawful for the said Commissioners or any Two of them (not being interested in the Question to be determined, by being entitled to any Sum or Sums of Money claimed to be paid for such Lands and Premises, or any Damages respectively or any Part thereof) from Time to Time to issue a Warrant or Warrants, Precept or Precepts, under their Hands and Seals, to the Sheriff of the County or Counties in which such Lands lie, thereby commanding such Sheriff to impannel and return a competent Number of substantial and disinterested Persons qualified to serve on Juries, not less than Twenty nor more than Forty, and such Sheriff is hereby authorized and required to impannel and return such Jury or Juries from Time to Time accordingly, under the Penalty of Two hundred Pounds for every Default in so doing, to be recovered by Action of Debt, Bill of Plaint, or Information in any of His Majesty’s Courts of Record, by such Commissioners or their Secretary, in Manner herein provided or in default by them, or either or any of them, then by any Person who shall sue for the same in any Court of Record in this Kingdom; and out of such Persons so to be impannelled and returned, a Jury of Twelve Persons shall be drawn by some Person, by Ballot, to be named by the said Commissioners, or by their Secretary appointed as aforesaid; which Persons so to be impannelled, summoned, and returned as aforesaid, are required to come and appear before the said Commissioners or their Secretary as aforesaid at such Time and Place as in such Warrant or Warrants, Precept or Precepts, shall be directed and appointed, and to attend the said Commissioners or their Secretary until discharged by them or him; and all Parties concerned shall and may have their lawful Challenges against any of the said Jurymen, but shall not be at liberty to challenge the Array; and the said Commissioners or any Two of them, or their Secretary as aforesaid (not being interested as aforesaid), are hereby authorized and empowered by Precept or Precepts, Summons or Summonses, from Time to Time as Occasion shall require, to call before them or him and the said Jury all and every Person and Persons whomsoever who shall be thought proper and necessary to be examined as Witnesses before them or him and the said Jury, on their Oath or Oaths, touching or concerning the Premises; and the said Commissioners or their Secretary, as the Case may be, if they or he shall think fit, shall and may authorize the said Jury to view the Place or Places in question in such Manner as they shall direct, and shall have Power to adjourn such Meeting from Day to Day as Occasion shall require, and to command such Jury upon their Oaths (which Oaths, as also the Oaths to such Person and Persons as shall be called upon to give Evidence, the said Commissioners, not being interested as aforesaid, or their Secretary, are and is hereby empowered and required to administer) to inquire of the Value of such Grounds, Lands, Tenements, and Hereditaments as shall be required or necessary for the Purposes of this Act, and of the respective Estate, Right, Title, Term, and Interest of every Person and Persons, Body or Bodies Politic or Corporate, seised or possessed thereof or interested therein, or of or in any Part thereof, and shall assess and award the Sum or Sums to be paid to every such Person or Persons, Body or Bodies Politic or Corporate, for the Purchase of his, her, or their respective Estates, Rights, Titles, Terms, and Interests as aforesaid; and the said Commissioners or any Two of them, not being interested as aforesaid, or their Secretary, shall and may award and give Judgment for such Sum or Sums of Money so to be assessed and awarded; which said Verdict or Verdicts, and the said Award, Judgment, and Determination thereupon, Notice in Writing being given to the Person or Persons, Body or Bodies Politic or Corporate interested, at least Twenty-one Days before the Time of the First Meeting of the said Jury, declaring the Time and Place of the Meeting, and the Purposes for which the same is had, by leaving such Notice at the Dwelling-house of such Person or Persons, or at his, her, or their usual Place or Places of Abode, if then resident within Ireland, and if not, then with the known Agent or Receiver of the Rents of such Person or Persons as shall be then absent from Ireland, or if a Body Politic or Corporate, then with the oftensible or acting Officer of such Body Politic or Corporate, shall be binding and conclusive to all Intents and Purposes whatsoever against all and every Person or Persons, Body or Bodies Politic or Corporate, claiming any Estate, Right, Title, Trust, use, or Interest into or out of any such Lands, Tenements, Hereditaments, or Premises, either in Possession, Reversion, Remainder, or Expectancy, as well Infants and Issue unborn, Lunatics, Idiots, and Feme Coverts, and Persons under any legal Incapacity or Disability, and all other Cestuique Trusts, his, her, and their Successors, Executors, and Administrators, and against all other Persons whomsoever; and the said Verdicts, Awards, Judgments, and Decrees, and all other Proceedings of the said Commissioners and Juries, to be made, given, and pronounced as aforesaid, shall be fairly written on Parchment, and signed by the said Commissioners who shall pronounce such Judgment.

Jury shall value Ground according to actual State.

XI. And be it further enacted, That when the Value of any Lands, Tenements, or Premises, shall be submitted to a Jury, such Lands; Tenements, or Premises shall be valued by such Jury, with respect to the Actual State, Situation, and Value of such Lands and Premises, in like Manner as if the Act had not been made, and not according to the additional Value which Lands, Tenements, Hereditaments, and Premises may acquire, or be supposed to acquire by the making, improving, and completing the said Harbour, or by any future Improvements to be made or which might be made in any such Lands, Tenements, Hereditaments, and Premises, in consequence of such Harbour, or the Expenditure which shall be laid out for the Purposes of this Act.

Upon Payment of Sums awarded, Conveyances to be made to Commissioners.

XII. And be it further enacted, That upon Payment of such Sum or Sums of Money so to be awarded or adjudged to the Person, Body or Bodies Politic or Corporate, to whom the same shall be awarded for the Purchase of such Lands, Tenements, Hereditaments, and Premises as aforesaid, or for the Purchase of any Estate, Right, Title, Term, or Interest therein, or on depositing the same in the Bank of Ireland in Manner by this Act directed, as the Case may be, such Person or Persons, Body or Bodies Politic or Corporate, shall make and execute, or cause or procure to be made and executed, Conveyances to the said Commissioners of such Lands, Tenements, Hereditaments, and Premises as aforesaid, or of such Estate, Right, Title, Term, or Interest for which such Sum or Sums of Money shall be so awarded, and shall procure all necessary Parties to execute such Conveyances, Assignments, and Assurances, and shall do all Acts, Matters, and Things necessary and requisite to make a good, clear, and perfect Title to the said Commissioners.

Verdicts to be enrolled in the Court of Chancery.

Amount of Verdict to be paid into Court of Chancery when Difficulty as to Title.

XIII. And be it further enacted, That all such Judgments, Verdicts, Sentences, Decrees, Orders, and other Proceedings of the said Commissioners and Juries, as relate to or concern the Premises aforesaid, shall be enrolled in the Roll’s Office of the Court of Chancery in Ireland, and the same, or true Copies thereof, shall be deemed and taken to be good and sufficient Evidence and Proof in any Court or Courts of Law or Equity whatsoever; and immediately on the Entry of such Verdicts, Judgments, Sentences, Decrees, Orders, and other Proceedings of the said Commissioners and Juries as aforesaid, and on Payment of the Sum or Sums of Money agreed on or adjudged or awarded for the Purchase of any Land or Premises, to the Proprietor or Proprietors of any Lands, Tenements, Hereditaments, and Premises, or to the Person or Persons who shall be entitled to receive such Money, or on Payment of such Money, respecting which any Difficulties, Disputes, or Differences shall arise, into the Bank of Ireland, in Manner and for the Purposes herein mentioned, all the Estate, Right, Title, Term, Interest, use, Trust, Property, Claim, and Demand in Law and Equity of the Persons to whom or to whose use such Money shall be paid as aforesaid, shall pass to and be vested in the said Commissioners for the Purposes of this Act, who shall be deemed in Law to be in the Actual Possession thereof to all Intents and Purposes whatsoever.

Expences of Jury, how to be paid.

XIV. And be it further enacted, That in case any Jury shall give in a Verdict for more Monies as a Recompence for the Right, Interest, or Property of any Person or Persons in any Lands or Hereditaments, than what shall have been offered by the said Commissioners, before the summoning or returning the Jury, as a Recompence for any such Right, Interest, or Property, that then and in such Case the Costs and Expenses attending the deciding the same by such Jury and Witnesses shall be borne and paid by the said Commissioners but of the Money to be raised by virtue of this Act; but if such Jury shall give a Verdict for no more or for less Monies than shall have been offered by the said Commissioners, before the summoning and returning the said Jury, as a Recompence for any such Right and Interest or Property as aforesaid, that then the Costs and Expences attending the deciding the same by such Jury and Witnesses shall be borne and paid by the Person or Persons to whom such Lands or Hereditaments shall belong.

Application of Compensation Money when exceeding 200l.

XV. And be it further enacted, That if any Money shall be agreed or awarded to be paid for any Lands, Tenements or Hereditaments Purchased by virtue of the Powers and for the Purposes of this Act, which shall belong to any Corporation, Feme Covert, Infant, Lunatic, or Person or Persons under any Disability or Incapacity, or feised or possessed of only a particular or determinable Estate or Interest therein, such Money shall, in case the same shall amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the High Court of Chancery in Ireland, to be placed to his Account ex parte the Commissioners for executing this Act, to the Intent that such Money may be applied, under the Direction and with the Approbation of the said Court, to be lignified by an Order made upon a Petition to be preferred in a summary Way by the Person or Persons who would have been entitled to the Rents and Profits of the said Lands or Hereditaments, towards the Discharge of any Debt or Debts, or such other Incumbrances or Part thereof as the said Court shall authorize to be paid, affecting the same Lands or Hereditaments, or affecting other Lands or Hereditaments standing settled therewith to the same or the like uses, Intents, or Purposes; or where such Money shall not be so applied, then the same shall be laid out and invested, under the like Direction and Approbation of the said Court, in the Purchase of other Lands or Hereditaments, which shall be conveyed and settled to, for, and upon such and the like uses, Trusts, Intents, and Purposes, and in the same Manner, as the Lands or Hereditaments which shall be so Purchased, taken, or used as aforesaid, stood settled or limited, or such of them as at the Time of making such Conveyance and Settlement shall be existing undetermined and capable of taking Effect; and in the meantime, and until such Purchase shall be made, the said Money shall, by Order of the said Court of Chancery, upon Application thereto, be vested by the said Accountant General, in his Name, in the Purchase of some of the Public Funds or Annuities transferable at the Bank of Ireland; and in the meantime, and until the said Public Funds or Annuities shall be ordered by the said Court to be sold for the Purposes aforesaid, the Dividends and annual Produce of the said Funds or Annuities shall from Time to Time be paid by Order of the said Court to the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the said Lands or Hereditaments so hereby directed to be Purchased, in case such Purchase or Settlement were made.

Application when Compensation is less than 200l. and exceeds 20l.

XVL. Provided always, and be it further enacted, That if any Money so agreed or awarded to be paid for any Lands or Hereditaments Purchased for the Purposes aforesaid, and belonging to any Corporation, or to any Person or Persons under Incapacity or Disability as aforesaid, shall be lets than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then and in such Case the same shall (at the Option of the Person or Persons for the Time being entitled to the Rents and Profits of the Lands or Hereditaments taken or used, or of his, or her, or their Guardian or Guardians, Committee or Committees, in case of Infancy or Lunacy, to be signified in Writing under their respective Hands be paid into the said Bank of Ireland, in the Name and with the Privity of the said Accountant General of the said High Court of Chancery, and be placed to his Account as aforesaid, in order to be applied in the Manner herein-before directed; or otherwise the same shall be paid, at the like Option, to Two Trustees to be nominated by the Person or Persons making such Option, and approved of by the Commissioners for executing this Act (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties), in order that such principal Money and the Dividends arising therefrom may be applied in Manner herein-before directed, so far as the same may be applicable, without obtaining or being required to obtain the Direction or Approbation of the said Court of Chancery.

Application when Money is less than 20l.

XVII. Provided also, and be it further enacted, That where such Money so agreed or awarded to be paid as last before mentioned shall be less than Twenty Pounds, then and in all such Cases the same shall be applied to the use of the Person or Persons who would for the Time being have been entitled to the Rents and Profits of the Lands or Hereditaments so Purchased, taken, or used for the Purposes of this Act, in such Manner as the said Commissioners for executing this Act shall think fit; or in case of Infancy or Lunacy, then to his, her, or their Guardian or Guardians, Committee or Committees, to and for the use and Benefit of such Person or Persons entitled respectively.

In case of not making out a good Title, the Purchase Money to be paid into the Bank, subject to the Order of the Court of Chancery on Petition.

XVIII. And be it further enacted, That in case the Person or Persons to whom such Sum or Sums of Money shall be so ordered to be paid as aforesaid, shall not be able to make a good Title to the Premises to the Satisfaction of the said Commissioners, or shall refuse to execute such Conveyance or Conveyances, or in case such Person or Persons, to whom such Sum or Sums of Money shall be so ordered to be paid as aforesaid, cannot be found, or if the Person or Persons entitled to such Lands or Hereditaments be not known or discovered, then and in every such Case it shall and may be lawful for the said Commissioners to order the said Sum or Sums of money so awarded to be paid into the Bank of Ireland in the Name and with the Privity of the Accountant General of the Court of Chancery, to be placed to his Account to the Credit of the Parties interested in the said Lands or Hereditaments, describing them, subject to the Order, Controul, and Disposition of the said Court; which said Court, on the Application of any Person or Persons making Claim to such Sum or Sums of Money, or any Part thereof, by Motion or Petition, shall be and is hereby empowered, in a summary Way of Proceeding or otherwise, as to the Court shall seem meet, to order the same to be laid out and invested in the Public Funds, or to order Distribution thereof, or Payment of the Dividends thereof, according to the respective Estate and Estates, Title, or Interest of the Person or Persons making Claim thereunto, and to make such Order in the Premises as to the said Court shall seem just and reasonable; and the Cashier of the Bank of Ireland who shall receive such Sum and Sums of Money is and are hereby required co give a Receipt or Receipts for such Sum or Sums of Money, mentioning and specifying for what and for whose use the same is or are received, to such Person or Persons as shall pay any such Sum or Sums of Money into the said Bank as aforesaid.

In case of disputed Titles.

XIX. Provided always, and be it further enacted, That where any Question shall arise touching the Title of any Person to any Money to be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the Court of Chancery, in pursuance of this Act, for the Purchase of any Lands or Hereditaments, or of any Estate, Right, or Interest in any Lands or Hereditaments to be Purchased in pursuance thereof, or to any Bank Annuities to be Purchased with any such Money, or to the Dividends or Interest of any such Bank Annuities, the Person or Persons who shall have been in possession of such Lands or Hereditaments at the Time of such Purchase, and all Persons claiming under such Person or Persons, or under the Possession of such Person or Persons, shall be deemed and taken to have been lawfully entitled to such Lands or Hereditaments, according to such Possession, until the contrary shall be shewn to the Satisfaction of the said Court of Chancery; and the Dividends or Interest of the Bank Annuities to be Purchased with such Monies, and also the Capital of such Bank Annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said Court that such Possession was a wrongful Possession, and that some other Person or Persons was or were lawfully entitled to such Lands or Hereditaments, or to some Estate or Interest therein.

Court may order reasonable Expences to be paid.

XX. Provided also, and be it further enacted, That where by reason of any Disability or Incapacity of any Person or Persons or Corporation entitled to any Lands or Hereditaments to be Purchased under the Authority of this Act, the Purchase Money for the same shall be required to be paid into the said Court, and to be applied in the Purchase of other Lands or Hereditaments to be settled to the like Uses, in pursuance of this Act, it shall be lawful for the said Court to order the Expences of all Purchases from Time to Time to be made in pursuance of this Act, or so much of such Expences as the Court shall deem reasonable, together with the necessary Costs and Charges of obtaining such Order, to be paid by the said Trustees, who shall from Time to Time pay such Sum of Money for such Purposes as the said Court shall direct.

Commissioners may dispose of Lands, &c. not wanted.

XXI. And be it further enacted, That it shall and may be lawful to and for the said Commissioners for the Execution of this Act, by and with the Advice and Consent of the Lord Lieutenant or other Chief Governor, or Governors for the Time being, to contract for the granting, leasing, selling, or disposing of, and to grant, lease, sell, and dispose of, any Part of any Lands, Tenements, and Hereditaments which shall or may from Time to Time be Purchased under this Act, and which shall or may not be necessary for the Purposes thereof: Provided always, that every Contract and every Lease or Sale of any such Lands, Tenements, and Hereditaments, or any Part of them, shall receive the separate Approbation and Consent of such Lord Lieutenant or other Chief Governor or Governors, and shall be made, after public Notice given of such intended Contract, Lease, or Sale, in such Manner and under such Regulations as such Lord Lieutenant or other Chief Governor or Governors shall from Time to Time order and direct; and all Money arising from the Sale thereof, and all Money arising from the Produce of the Rent of such Lands, Tenements, and Hereditaments, shall be and the same are hereby vested in the Commissioners for executing this Act; and all such Money arising from the Sale of such Lands, Tenements, and Hereditaments, shall and may be disposed of and applied, under the Directions of the said Commissioners, in and towards the Purposes of this Act, as the said Commissioners shall think fit and expedient; and the said Commissioners for the Execution of this Act, shall Four Times in every Year, that is to say, within One Calendar Month next after the Twenty-ninth Day of September, the Twenty-fifth-Day of December, the Twenty-fifth Day of March, and the Twenty-fourth Day of June in every Year, or whenever thereto required by the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, or his or their Secretary, render and give an Account to the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, or to the Chief Secretary of such Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, of the Amount of all Money received by the said Commissioners for executing this Act, and of the Application thereof for the Purposes of this Act, up to each Quarter Day respectively, or to such other Time as shall be required; and such Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, or the Chief Secretary of such Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, shall and may examine every such Account, and, in case they shall approve thereof, shall signify such their Approbation thereof in Writing at the Foot of such Account, signed by the said Lord Lieutenant or other Chief Governor or Governors of Ireland, or by such Chief Secretary as aforesaid, and shall transmit and return the same so approved to the Commissioners for executing this Act; and every Account so approved and signed as aforesaid shall be a full and sufficient Discharge to the said Commissioners from or on account of all such Sums of Money as shall be mentioned in any such Account, and for the Expenditure and Application thereof; and the said Commissioners for executing this Act shall not be compellable or compelled to give or render any further or other Account of any such Money, or of the Expenditure or Application thereof; any Law, Usage, or Custom to the contrary notwithstanding.

Limits of the Harbour.

XXII. And be it further enacted, That the Limits of the said Harbour of Dunmore shall be deemed and considered to be from Shannoon Point, otherwise called Black Nob, to Ardnamult Point.

Harbour Master to be appointed.

XXIII. And be it further enacted, That from and after the passing of this Act it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being from Time to Time to appoint a Person to act as Harbour Master within the said Harbour, and to remove any Harbour Master so appointed, and to appoint another in his Room or Stead, as he or they shall see sitting; and that it shall and may be lawful for the said Harbour Master as he shall think sitting and expedient, to lay down Moorings or Mooring Chains, and erect and set up Landmarks, Beacons, and Buoys, in any Place or Places in the said Bay or Harbour of Dunmore, or adjoining Lands between Shannoon Point, otherwise Black Nob, and Ardnamult Points, for the Guidance and Safety of His Majesty’s Packets, and all other Ships and Vessels entering said Harbour.

Salary to Harbour Master, who shall not take any other Fees.

XXIV. And be it further enacted, That it shall and may be lawful for the said Commissioners for the Purposes of this Act, out of the Duties of Tonnage made payable under this Act, to pay to the said Harbour Master such Salary and Allowance as to the said Commissioners, by and with the Consent and Approbation of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, shall appear competent and sufficient for the Performance of his Duties under this Act; and if the said Harbour Master shall directly or indirectly ask or demand, or take or receive, any Fee, Gratuity, or Reward for the Performance of his Duty under this Act, or under Pretext or Pretence of any Act done by him in Execution of this Act, over or beyond such Salary or Allowance as aforesaid, such Harbour Master shall for every such Offence forfeit the Sum of Ten Pounds, together with Double the Amount of such Fee, Gratuity, or Reward.

Power of Harbour Master.

XXV. And be it further enacted, That every such Harbour Master shall have Power and Authority to direct the mooring, unmooring, moving or removing of all Ships or other Vessels coming into, lying, or being in the said Port or Harbour of Dunmore, or the Limits thereof as described in this Act, and to appoint and regulate the Time or Times and the Manner of their Entrance into, lying in, or going out of or from such Harbour, and to regulate and determine the Position of such Ships and other Vessels; and in case any Owner, Master, or other Person having the Charge or Command of any Ship or other Vessel, shall refuse or neglect to moor, unmoor, place, move or remove his Ship or Vessel according to such Directions, upon Notice to him or them given or left with any; Person or Persons on board of such Ship or Vessel for that Purpose, every such Owner, Master, or other Person shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds; and it shall and may be lawful to and for the said Harbour Master and his Assistants, and he and his Assistants are hereby required, to moor, unmoor, place, move or remove such Ship and Vessel accordingly; and in case any Master, Commander, Mate, Pilot, or other Person or Persons taking Charge or Command of any Ship or other Vessel, or any other Person or Persons whosoever, shall obstruct or hinder the mooring, unmooring, placing, moving or removing of any Ship or other Vessel lying or being in the said Harbour, or the Limits or any Part thereof as described in this Act, then and in every such Case such Person or Persons so offending shall for every such Offence forfeit and pay any Sum not exceeding Ten Pounds.

Persons, molesting Officers Workmen forfeit 10l.

Persons breaking down or damaging Works adjudged Felons.

XXVI. And be it further enacted, That if any Person shall wilfully obstruct, molest, or hinder any Surveyor, Engineer, Workmen or Labourers employed by the said Commissioners or their Secretary for the Purposes of this Act, in the Performance of his, her, or their Duty or Employment in the Execution of this Act, every Person so offending shall forfeit and pay for every such Offence any Sum not exceeding Ten Pounds; and if any Person shall wilfully, and to the Prejudice of the said Harbour, break, throw down, destroy, or in anywise damage or injure any Pier, Dock, Quay, Reservoir, Erection, Machine, Building, Road-way, or other Work whatsoever, to be erected or made by virtue of this Act, or any Part thereof, or of any Works erected in pursuance of this Act, every such Person so offending shall be adjudged guilty of Felony, and being lawfully convicted thereof shall be subject to the like Pains and Penalties as in Cases of Felony; and the Court by or before whom such Person shall be tried and convicted shall have Power and Authority to cause such Person to be punished as a Felon may be punished by the Law of Ireland, or in Mitigation of such Punishment such Court may award such lesser Punishment as to such Court shall seem proper.

Penalty on Persons stealing Ropes and Cables, &c.

XXVII. And be it further enacted, That if any Person or Persons shall wilfully and maliciously hurt, cut, damage, or destroy any Ship, Wherry, Boat, or other Vessel, lying within the present Harbour of Dunmore, or upon the Piers, Quays, Roads, or Way leading to or belonging to the said Harbour, or either or any of them, any Rope, Cable, Anchor, Oar, Spear, or any Tackling, Necessary, or Material, belonging to any such Ship, Wherry, Boat, or other Vessel, or any of the Furniture, Cargo, or Property belonging to or on board such Ships or Vessels, or any Goods or Property of any Person or Persons whatsoever, which may be lying at, upon, or along such Piers, Quays, Roads, or Ways, or any of them, or any of the Tools, Implements, Materials, or other Goods, Chattels, or Property used or intended to be used in the said Harbour, or the Works connected therewith or belonging thereto, or to the said Commissioners, or to any other Person, for the Use of the said Works, that then and in such Case the Person or Persons so offending shall upon Conviction forfeit and pay any Sum not less than Two Pounds, or more than Ten Pounds, in the Discretion of the Justice, before whom such Offender shall be convicted of such Offence.

Duties in Schedule to this Act to be levied and paid.

XXVIII. And be it further enacted, That from and after the passing of this Act there shall be raised, levied, collected, and paid, upon or in respect of Ships, Vessels, or other Bottoms which shall come into the Port or Harbour of Dunmore, and upon and in respect of the several Matters and Things mentioned, specified, and set forth in the Schedule marked B. to this Act annexed, the several Duties and Sums of Money mentioned, specified, and set forth in Words and Figures in the said Schedule, in addition to all other Duties of Customs payable on or in respect of such Ships or Vessels, or such Matters or Things respectively, under any other Act or Acts in force in Ireland.

All Ships or Vessels belonging to His Majesty, or in the Service of the Post Office or Excise or Customs, exempt from said Duties.

XXIX. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to the levying of any Duties from or in respect of any Vessel or Vessels belonging to His Majesty, His Heirs or Successors, or that shall or may be employed in His Majesty’s Service, or in the Service of the Post Office, Excise, or Customs, or from or in respect of any Fishing-vessels or Pilot Boats, or from or in respect of any Boats employed in the Service of the Commissioners for the Harbour of Waterford.

Harbour Master shall receive and account for Tonnage Duties.

XXX. And be it further enacted, That it shall and may be lawful for the said Harbour Master of the said Harbour of Dunmore for the Time being to collect and levy from the Masters and Owners of the several Ships and Vessels which shall come into the said Harbour, the several Duties granted by this Act and the Schedule marked B. thereto annexed; and that the said Duties shall be payable to the said Harbour Master over and above all other Duties whatever payable on such Ships and Vessels in respect of the Tonnage thereof, or otherwise howsoever; and that it shall and may be lawful for the said Harbour Master to seize and distrain any such Ship or Vessel, or the Tackle, Apparel, or Furniture thereof, or any Part thereof, and to detain the same until Payment of the said Duties, and to give a Receipt for such Duties when paid; and the said Harbour Master shall keep an Account of all Sum and Sums of Money received by him on account of the said Duties under this Act, and shall account for the same Weekly and every Week to the said Commissioners for the Purposes of this Act, and shall pay over the same at such Times and in such Manner, and under such Regulations, as the said Commissioners from Time to Time shall direct; and the same to be applied to the Purposes of this Act.

Duties under 56G.3.C.lxiv. shall not be paid for Vessels entering Dunmore Harbour.

XXXI. And whereas by an Act passed in the Fifty-sixth Year of His present Majesty’s Reign, intituled An Act for improving the Port and Harbour of Waterford, and for other Purposes relating thereto, it is enacted, that all Vessels entering the Harbour of Waterford shall pay certain Duties by the said Act granted, on reporting at the Custom-house of Waterford; be it enacted and declared, That nothing in the said Act contained shall be construed to extend to Vessels entering the Harbour of Dunmore, or anchoring within the Limits thereof, as herein before mentioned, and not reporting and entering at the Custom-house at Waterford; any Thing in the said recited Act, or in any Schedule thereto annexed, to the contrary in anywise notwithstanding.

After Completion of the Harbour, the same shall be vested in the Commissioners, who may, with Content of the Lord Lieutenant, reduce Duties, &c.

XXXII. And be it further enacted, That when the said Harbour and Port of Dunmore shall be completed, the same shall be and become vested in the Commissioners herein-before directed to be appointed; and that it shall and may be lawful for the said Commissioners, by and with the Approbation and Consent of the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being from Time to Time to reduce the Duties payable according to the Schedule marked B. to this Act annexed, and to raise the same again from Time to Time to the Amount of the Duties in the said Schedule specified, whenever, it shall appear advantageous or expedient so to do.

Penalties and Forfeitures how recovered and applied.

XXXIII. And be it further enacted, That all Penalties and Forfeitures by this Act imposed, the Manner of levying and recovering whereof is not otherwise particularly directed, shall be levied and recovered by Distress and Sale of the Offender’s Goods and Chattels, and by Warrant under the Hand and Seal or Hands and Seals of One or more Justices of the Peace for the County of Waterford, which Warrant or Warrants such Justice or Justices is and are hereby empowered and required to grant upon the Information of One or more credible Witness or Witnesses upon Oath, which Oath such Justice or Justices is and are hereby empowered to administer without Fee or Reward; and such Penalties and Forfeitures when recovered, after rendering the Overplus, if any be, when demanded, to the Party or Parties whose Goods and Chattels shall be so distrained and sold, the Charges of such Distress and Sale being first deducted, shall be paid, if not otherwise directed to be applied by this Act, to the Harbour Master of the said Harbour, to be by him accounted for to the Commissioners under this Act, in like Manner and for the same Uses and Purposes as the Rates and Duties Specified in Schedule B. to this Act annexed are applicable; and if sufficient Distress shall not be found, it shall be lawful for such Justice or Justices to commit every such Offender to the Common Gaol or House of Correction within the said County of Waterford, there to remain without Bail or Mainprize for any Time not exceeding Three Calendar Months, unless such Penalties and Forfeitures, and all reasonable Charges, shall be Sooner paid.

Persons aggrieved may appeal to the Quarter Sessions.

XXXIV. Provided always, and be it further enacted, That in case any Person shall think himself or herself aggrieved by any Thing done in pursuance of this Act, and for which no particular Method of Relief hath been already hereby appointed, it shall be lawful for such Person to appeal to the Justices of Peace at their next General Quarter Sessions of the Peace to be held in and for the said County of Waterford; or in case the said Cause of Complaint shall arise within Twenty Days next before such General Quarter Sessions of the Peace, then such Appeal may be made to the said Justices at the Second General Quarter Sessions of the Peace to be held for the said County, who are hereby authorized and required to take Cognizance thereof, and to hear and determine the Complaint of any such Person in a summary Way, and, if they see Cause, may by Order of such Sessions mitigate at their Discretion all or any of the Penalties aforesaid, or vacate or set aside the Conviction, and set the Party at liberty, or otherwise may ratify and confirm the same, and award such Costs to the Parties appealing or appealed against as to them shall seem just and reasonable, and to make such Orders and Judgments in regard to the Premises as they shall think fit; but the Person so appealing shall give Notice in Writing to the said Harbour Master of such his or her Intention of bringing such Appeal, and of the Cause or Matter thereof, Fourteen Days before the said Quarter Sessions.

Orders not to be quashed for want of Form.

XXXV. Provided also, and be it further enacted, That no Order made touching or concerning any of the Matters aforesaid, or any other Proceeding to be had touching the Conviction of any Offender or Offenders against this present 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 at Dublin; any Law or Statute to the contrary notwithstanding.

Conviction of Offenders.

XXXVI. And for the more easy and speedy Conviction of Offenders against this Act, be it further enacted, That all and every the Justice or Justices of the Peace before whom any Person or Persons shall be convicted of any Offence against this Act, shall and may cause the Conviction to be drawn up in the following Form of Words, or in any Form of Words to the same Effect:

Form of Conviction.

‘BE it remembered, That on the Day of in the Year of His Majesty’s Reign, A. B. is convicted before of His Majesty’s Justices of the Peace for the said County of [Specifying the Offence, and Time and Place when and where the same was committed, as the Case shall be.] Given under our Hands and Seals, the Day and Year aforesaid.’

Limitation of Actions.

General Issue.

Double Costs

XXXVII. And be it further enacted, That if any Action or Suit shall be commenced against any Person or Persons for any Thing done in pursuance of this Act, the same shall be commenced within Three Calendar Months next after the Fact committed, and not afterwards, and shall be laid and brought in the County where the Cause of Action shall have arisen, and not elsewhere; and the Defendant or Defendants in any such Action or Suit shall and 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 it shall appear so to have been done, or that such Action or Suit shall be commenced after the Time before limited for bringing the same, or shall be brought in any other County than as aforesaid, that then the Jury shall find for the Defendant or Defendants; and upon a Verdict for the Defendant, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her, or their Action or Suit, after the Defendant or Defendants shall have appeared; or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Double Costs, and have the like Remedy for the same as any Defendant or Defendants hath or have in any other Cases by Law.

Expences of Act.

XXXVIII And be it further enacted, That all Costs, Charges, and Expences incident to or attending the obtaining and passing of this Act, shall be reimbursed and paid out of the first Rates and Duties to be raised by virtue of this Act.

Public Act.

XXXIX. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken Notice of as such by all Judges, Justices, and others, without being specially pleaded.

SCHEDULES to which the foregoing Act refers.

SCHEDULE (A.)

Particulars of the Lands, Tenements, and Hereditaments which may be purchased under this Act.

Lands to be purchased under this Act from the Marquis of Waterford.

The Timber Yard Point, containing One Acre, One Rood, Eleven Perches; Little Island, containing Twenty Perches; from Timber Yard to the Railway, below the Middle of Road, containing Two Roods and Thirty-four Perches; and the Rocky Hill, between the Railway and the Sea, containing Four Acres, Three Roods, Twenty-five Perches; making in the whole Seven Acres and Ten Perches, all in the Townland of Dunmore, in the Parish of Killea, Barony of Gualtiere, and County of Waterford.

From Earl Fortescue.

The Free Stone Quarry, containing One Acre, in the Townland of Cox-town, in said Parish, Barony, and County.

SCHEDULE (B.)