Howth and Holyhead Harbours Act, 1823

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HOWTH AND HOLYHEAD HARBOURS ACT 1823

C A P. LXXIV.

An Act for vesting in Commissioners the Bridges now building over the Menai Straits and the River Conway, and the Harbours of Howth and Holyhead, and the Road from Dublin to Howth, and for the further Improvement of the Road from London to Holyhead. [11th July 1823.]

Recited Acts (except such as shall be repealed or varied by this Act) extended to this Act. § 1. Appointment of Commissioners. § 2. Powers of Commissioners under 55 G. 3. c. 152. to cease. § 3. Electing additional Commissioners. § 4. New Commissioners in Cases of Death, Resignation, &c. § 5. In Default of Appointment by the surviving Commissioners, the Treasury may fill up Vacancies. § 6. Commissioners not to act where personally interested; may act as Justices of Peace. § 7. Meetings of Commissioners. § 8. Summoning Meetings. § 9.

Three Commissioners may act, but no Act to be done unless One of the Persons herein mentioned be present.

X. And be it further enacted, That it shall be lawful for any Three or more of the said Commissioners to execute the Provisions of this Act; but that no Act shall be done at any Meeting, unless the First Lord of the Treasury, the Secretary of State for the Home Department, the Chancellor of the Exchequer, the Postmaster General, the Chief Secretary to the Lord Lieutenant of Ireland, or the First Commissioner of His Majesty’s Woods, Forests and Land Revenues, for the Time being, or One of them, shall be present at such Meeting, except where it shall be otherwise directed by this Act.

Meetings of Five or more Commissioners may be held at other Places than London and Westminster, if specially authorized. § 11. Vesting the Road from Dublin to Howth in the Commissioners. § 12. Portion of Tolls to be paid over to Commissioners. § 13. In case Default made in Payment, Commissioners may take Possession of Toll Houses. § 14. Commissioners under this Act may apply the Monies to be paid to them by the Commissioners under 50 G. 3. c. 93.—§ 15. The Road from Dublin to Annesley Bridge vested in Commissioners. § 16. Roads to be maintained under Powers of former Acts, which Commissioners under this Act may execute. § 17. Protecting the Sea Beach near Howth Harbour. § 18. 50 G. 3. c. 72. so far as relates to the vesting the Harbour of Howth in the Corporation for repairing the Port of Dublin repealed. § 19. Howth Harbour to be made over to and vested in the Commissioners. § 20. Power to sell Lands vested in the Commissioners under 50 G. 3. c. 93.—§ 21. 56 G. 3. c.84. appointing a Harbour Master for Holyhead repealed. § 22. Commissioners for repairing Holyhead Harbour discharged from the Repair, and the Harbour vested in the Commissioners under this Act. § 23. Commissioners for Howth Harbour under recited Act 50 G. 3. c. 72., and the Commissioners for Holyhead Harbour under recited Act 50 G. 3. c. 93. and 55 G. 3. c. 152., shall present an Account to the Treasury of the Money in their Possession and of the Lands vested in them, &c. § 24. And the whole shall be delivered over by those Commissioners to the Commissioners under this Act. § 25. Lighthouse at Holyhead vested in Commissioners. § 26. Vesting the Road from the Drawbridge to the Graving Dock in the Commissioners. § 27. For the Security of Rights of Way, &c. § 28. Proviso for the Right of conveying Water to the Inner Boat Harbour. § 29. Power to sell Lands at Holyhead not wanted for the Purposes of this Act. § 30. Duties to be levied in Holyhead Harbour; and applied to Support of the Harbour and Lighthouse, and paying Salaries of Harbour Master and other Officers. § 31. One Arrival and Departure to be considered as One Voyage. § 32. Regulations for recovering Rates. § 33. Mode of ascertaining the Tonnage of Vessels. § 34. Persons obstructing Collector in measuring Ships, &c. Penalty 5l.—§ 35. Penalties on Persons eluding Payment of the Duties. § 36. Appointment of Harbour Master and Officers. § 37. Power of Harbour Masters. Masters of Ships not observing Directions, Penalty not exceeding 5l. and Expences. Obstructing Moorings, Penalty not exceeding 5l.—§ 38. Gunpowder on board certain Ships to be landed under the Regulations herein mentioned. Owners, &c. to sign Declaration of having no Gunpowder on board; refusing so to do, or having Gunpowder, Penalty not exceeding 20l.; refusing Officers to search, Penalty 20l.—§ 39. Combustibles not to remain on the Quays, or on the Decks of Vessels, longer than 24 Hours, and during that Time to be guarded. Penalty not exceeding 20s.—§ 40. Not to discharge Cannon, Guns or Fire Arms within the Harbours. Penalty not exceeding 5l.—§ 41. Graving or breaming Ships, except at appointed Places, Penalty not exceeding 5l.—§42. Regulations as to Ships using the dry or graving Dock at Holyhead. Penalty not exceeding 10l.—§ 43. Rates for using the dry or graving Dock. § 44. Damage done to Quays, &c. of the Harbours of Howth and Holyhead shall be made good by the Master of the Vessel. How recoverable. § 45. Persons not to lay Timber in the Harbours. Penalty. § 46. Ballast, Rubbish, &c. not to be thrown into the Harbours. Penalty not exceeding 50l.—§ 47. Unloosing Ships’ Ropes, &c. Penalty not exceeding 10l.—§ 48. Commissioners to provide Boats, Warps, &c. § 49. Power to Commissioners to make Bye Laws. Copies of the Bye Laws to be fixed in some conspicuous Place near the Harbour. § 50. Power for Commissioners to appoint Constables to act for Howth and Holyhead Harbours. Oath. § 51. Constables to detain suspected Persons. § 52. Commissioners to build a Cage or Place of Confinement at Holyhead. § 53. Magistrates of the County and City of Dublin to act for Howth. § 54. Application of Harbour Penalties. § 55.

Exemptions of His Majesty’s Ships;

and of Yachts, Pleasure Boats, &c.

LVI. And be it enacted, That nothing in this Act contained shall extend or be construed to extend to Ships, Vessels or Boats belonging to or employed in the Service of His Majesty, His Heirs and Successors, or in the Service of the Customs or Excise, or Post Office, using the said Harbour, or to any of the Officers or Persons employed therein respectively, or in the Preventive Service, or in the Service of the Admiralty, Ordnance or Navy Board; or to any Naval or Ordnance Stores, or other Matters imported into or exported from the said Harbour for the Use of the Navy or Army; or to any Yachts or Pleasure Boats or other Vessel belonging to His Majesty or any of the Royal Family; nevertheless the Captain or Master of every such Ship, Vessel or Boat, shall be answerable for all Damage done by such Ship, Vessel or Boat, or by the Mariners or others on board the same, to the Harbour, Wharfs or Works, or the Machinery or Tackle connected therewith, or to the Shipping therein, with full Costs of Suit.

So much of 59 G. 3. c. 48. as directs when the Bridge is built over the Menai Straits, the Roads and Bridges shall be delivered over by the Commissioners, repealed. § 57. Menai Bridge vested in the Commissioners under this Act. § 58. 55 G. 3. c. 152. 59 G. 3. cc. 30. 48. relating to the Bridge to remain in force, and Powers thereof to be executed by the Commissioners. § 59. 59 G. 3. c. 48. recited. Two Years allowed for building the Menai Bridge from passing this Act. § 60. Ships passing Menai Straits while Ironwork erecting, Penalty 100l.—§ 61. Grant for additional Sum for completing Menai Bridge, 108,498l. 18s.—§ 62. Additional Rate of Postage granted by 59 G. 3. c.48. continued. § 63. 1 & 2 G. 4. c. 35. as to the vesting of Conway Bridge, repealed. § 64. Conway Bridge vested in Commissioners. § 65.—55 G. 3. c. 152. 1 & 2 G. 4. c. 30. relating to Conway Bridge to remain in force, and Powers thereof to be executed by the Commissioners. § 66.

Tolls of Conway Bridge.

LXVII. And be it further enacted, That it shall and may be lawful for the said Commissioners hereby appointed, to erect and set up, or cause to be erected and set up, One or more Gate or Gates, Turnpike or Turnpikes, in, upon or across, or within One hundred Yards of the said Bridge over the River Conway, together with Toll Houses, and proper and necessary Buildings, Conveniences and Fences near to each Gate or Turnpike; and that the respective Tolls following may be demanded and taken by such Person or Persons as the said last mentioned Commissioners shall from time to time appoint, at each of the said Gates or Turnpikes, for each and every Time of passing over the said Bridge; that is to say,

For every Stage Coach and Mail Coach, any Sum not exceeding Seven Shillings and Sixpence:

For every Post Chaise licensed to carry Persons from Stage to Stage, any Sum not exceeding Five Shillings:

For every other Coach, Landau, Berlin, Barouche and Chaise with Four Wheels, any Sum not exceeding Fifteen Shillings:

For every Chaise, Chair or Gig with Two Wheels, any Sum not exceeding Two Shillings:

For every Waggon, Wain, Caravan or other such Carriage with Four Wheels, any Sum not exceeding Four Shillings:

For every Cart or other such Carriage with Two Wheels, any Sum not exceeding Two Shillings:

For every Horse, Mule or Ass not drawing any Carriage, any Sum not exceeding Two Pence:

For every Foot Passenger, One Penny:

For every Drove of Oxen, Cows or Neat Cattle, any Sum not exceeding One Shilling and Eight Pence per Score; and so in proportion for any greater or less Number:

For every Drove of Hogs, Calves, Sheep or Lambs, any Sum not exceeding Ten Pence per Score; and so in proportion for any greater or less Number.

Exemption to the King and Royal Family. § 68. Power to lower Tolls of Conway and Menai Bridges. § 69. Exemption of Toll in favour of Sir Thomas Mostyn. § 70. Application of the Tolls of Conway Bridge. § 71. Appointing Toll Collectors. § 72. Recovery of Bridge Tolls. § 73. For settling Disputes concerning Tolls. § 74. Collector not putting up his Name on the Front of the Toll Houses, and offending in the several Particulars herein mentioned, Penalty not exceeding 5l.—§ 75. Composition may be made by the Commissioners with the Inhabitants of Anglesea, Carnarvon and Denbigh for the Passage of Menai and Conway Bridges. § 76. Tolls to be taken but once a Day, except for Stage Coaches, Carriages or Caravans. § 77. So much of recited Act 59 G. 3. c.48. as relates to constructing a Swivel Bridge repealed. Commissioners may form an Embankment on Stanley Sands. § 78. Satisfaction shall be made to Owners of Lands adjoining the Stanley Sands for Damage sustained by them. § 79. If any Surplus remain after building Conway Bridge, a Road to be made from Aber to Conway. § 80. Commissioners under this Act to exercise all the Powers under 55 G. 3. c. 152. 1 G. 4. c. 70. and 1 & 2 G. 4. c. 35.—§ 81. Commissioners empowered to take down Houses, &c. described in the Schedule. § 82. Misnomer or wrong Descriptions in the Schedule not to prevent the Execution of this Act. § 83. Commissioners may cause Roads to be surveyed and Plans laid before Trustees. §84. Reports to be made to the Commissioners of the State of the Roads, by Persons appointed by them to survey the same. § 85. Power for Trustees to contract with the Commissioners to repair the Roads by the Year. § 86. No new Plantations to be made within Fifty Feet of the Centre of the Road. § 87. Provision for Payment of the Interest of 4000l. and 8000l. advanced by Exchequer Bill Commissioners. 57 G. 3. c. 34. 57 G. 3. c. 124. 1 G. 4. c. 60.—§ 88. Trustees of the Stonebridge and Birmingham Roads, and the Trustees of Bilston Roads, discharged from Payment of the said Sums of 4000l. and 8000l.—§ 89. The said Sums to be applied under the Powers of 1 & 2 G. 4. c. 30.—§ 90. The New Road at St. Albans to be supported for Two Years by the Commissioners, and then to be made over to the St. Albans Trust. § 91.

Power to the Trustees of St. Albans Trust to take Tolls.

XCII. And be it further enacted, That it shall and may be lawful for the said Trustees of the Saint Albans Trust, and they are hereby authorized and required, when and as soon as the said new Road, commencing at or near the The Peahen Inn, shall be completed and opened to the Public, to cause a Toll Gate or Gates, or Bar or Bars, and Toll House or Houses, to be erected and set up on or by the Side of such Part or Parts of the said last mentioned new Road as to them shall seem most convenient; and it shall and may be lawful for the said last mentioned Trustees, and they are hereby authorized, empowered and required, when and as soon as such Toll Gate or Gates, or Bar or Bars, and Toll House or Houses, shall be completed, to take, demand and collect of the Person or Persons attending any Horses, Cattle or Carriages passing along the said last mentioned new Road, and through the said Toll Gate or Bar, before any Horse, Beast, Cattle or Carriage shall be permitted to pass through the same, the Tolls following; that is to say,

For every Horse, Mule or other Cattle, drawing any Coach, Landau, Hearse, Chariot, Gig, Waggon, Cart or other Carriage of any Description, any Sum not exceeding the Sum of One Penny Halfpenny:

For every Horse, Mule or Ass, laden or unladen, and not drawing, any Sum not exceeding the Sum of One Halfpenny:

For every Drove of Oxen or other Neat Cattle, any Sum not exceeding the Sum of Ten Pence per Score, and so in proportion for any greater or less Number:

For every Drove of Calves, Hogs, Sheep or Lambs, any Sum not exceeding the Sum of Five Pence per Score, and so in proportion for any greater or less Number.

Tolls to be paid but once a Day, except for Stage Coaches and Caravans. § 93. Tolls to be increased and afterwards reduced. § 94. Trustees of St. Albans Trust to execute an Assignment to the Commissioners for the Issue of Exchequer Bills of the Tolls, as a Security for Repayment of 10,000l. with Interest at 4l. per Cent. per Annum. § 95. Application of the Money arising by the Tolls. § 96. Tolls may be levied by the Trustees of St. Albans Trust on the new Line of Road as other Tolls. § 97. Commissioners may erect Toll Gates and levy Toll if Trustees neglect. § 98. For stopping up certain Roads and Footpaths. § 99. The Road from Hadley to Mims not to be proceeded in. § 100. Kingsbury Lane to be widened by the Commissioners. § 101. For selling Land not wanted by the Commissioners. § 102. Trustees of the District of the Wolverhampton Trust to continue the additional Tolls. § 103. Trustees of the Wolverhampton Trust to execute to the Commissioners for the Issue of Exchequer Bills a further Charge on the additional Tolls for paying off certain Sums advanced. § 104. Trustees of the Hockliffe and Stratford Road to continue the additional Tolls. § 105. Trustees of the Hockliffe and Stratford Road to execute to the Commissioners for the Issue of Exchequer Bills a further Charge on the additional Tolls for paying off a certain Sum advanced. § 106. Trustees of Wolverhampton Road, or of Hockliffe and Stratford Road, neglecting to continue Tolls, the Commissioners shall take Possession of Gates, and levy the same. § 107. Altering Interest on the 4000l. and 8000l. advanced, from 5l. per Cent. per Annum, to 3l. per Cent. per Annum. § 108. New Road at Stowe to be repaired for Two Years by Commissioners, and then made over to Trustees of the Stratford and Dunchurch Trust. 3 G. 4. c. xci.—§ 109. Improvements at Barnet and Prickler’s Hills. § 110. In case Act under which Trustees are appointed should expire, Commissioners to collect the Tolls. § 111. New Line of Road from Irishman’s Bridge to Whitehurst Gate. 41 G. 3. c. 88.—§ 112. Sale of the old Road by the Commissioners. § 113. New Cut to be made to avoid Tallypont Hill; and the old Road from Bangor to Aber to be stopped up. 30 G. 3.—§ 114. Tolls not to be taken on the Road from Bangor to Conway, except on the Road leading to Bishop’s Mill on the Road to Capel Cerig. § 115. Appointment of Treasurer, Clerk and other Officers by Commissioners. § 116. Officers to continue. § 117. Officers to give Security and Account. § 118. Recovery of Penalties and Forfeitures. § 119. For securing transient Offenders. § 120. Proceedings not to be quashed for want of Form. § 121. Persons aggrieved may appeal to the Quarter Sessions. § 122. Limitation of Actions. General Issue. Treble Costs. § 123.

Reports to be made of the State of the Harbours, Bridges and Roads.

CXXIV. And be it further enacted, That the said Commissioners by this Act appointed shall, on or before the Twenty fourth Day of June in every Year, report in Writing to His Majesty, and to both Houses of Parliament, their Proceedings, and the State and Condition and Repair of the said Harbours of Howth and Holyhead, and of the said Bridges over the Menai Straits and over the River Conway respectively, and of the several Roads hereby placed under their Superintendance, and of all new Works and Improvements carrying on in or upon the said Harbours, Bridges and Roads, or any of them, and present an Account of the Money advanced to and expended by the said Commissioners on each of the said Harbours, Bridges and Roads, in the Year ending the Fifth Day of April then last past, together with any Observations they may think proper.

Public Act. § 125.