River Poddle Act, 1840

RIVER PODDLE ACT 1840

C A P. LVIII.

An Act to amend the Acts relating to the River Poddle in the County and City of Dublin. [7th August 1840.]

36 G. 3 (I.)

17 & 18 Car. 2. (I.)

On Commencement of this Act the Commissioners under recited Acts shall cease to exercise the Powers thereby given, which shall be transferred to Commissioners of Paving.

47 G. S. c. cix.

54 G. 3. c. ccxxi.

Whereas an Act was passed in the Parliament of Ireland in the Thirty-sixth Year of the Reign of His Majesty King George the Third, intituled An Act for preventing the Inundations of the Poddle River in Dublin, and for preserving the Cathedral Church of Saint Patrick and the Houses of the adjoining Inhabitants from the Damages arising therefrom, whereby, after reciting a certain Act made in the said Parliament of Ireland in the Seventeenth and Eighteenth Years of the Reign of His Majesty ‘Charles the Second, intituled An additional Act to the Act intituled ‘An Act for the cleansing of theWatercourse in Saint Patrick Street,’ certain Commissioners were appointed for carrying into effect the Purposes of the said Acts, and were empowered from Time to Time to lay such Tax or Assessment as they should think sufficient upon the Dean, Dignitaries, and Prebendaries of the Cathedral Church of Saint Patrick, Dublin, and upon every House in the Liberties or Baronies of Saint Sepulchre’s and Thomas Court and Donore, and upon every House then built or thereafter to be built situate in the City of Dublin or in the adjoining Liberties or Baronies of Saint Sepulchre’s, Thomas Court and Donore, or in the County of Dublin, and which Houses were or should be also liable to the Tax for the Support of the Workhouse or Foundling Hospital, and under which Houses the Watercourse described in the said Acts runs or should run, or from whence any Water should flow through any Sewer or Drain into the said Watercourse, and upon every House then built or to be built on the Sides of Streets in the said City of Dublin, or in the said adjoining Liberties or Baronies, or in the County of Dublin, and which Houses were or should be also liable to the Tax for the Support of the Workhouse or Foundling Hospital, the Kennels of which Streets empty and discharge themselves into the said Watercourse, or into any Sewer or Drain communicating with or leading or running into the said Watercourse, a certain Tax not exceeding in any One Year One Shilling in the Pound Sterling of the respective yearly Values or Rents according to which such Houses were or should be respectively chargeable to the Tax for the Support of the said Workhouse or Foundling Hospital, such Tax to be equally rated and assessed, by Warrant under the Hands and Seals of the said Commissioners, upon the several Inhabitants of such respective Houses as aforesaid, provided the Amount of the said Rates, Imposition, or Cess should not exceed the Sum of Three Pounds for any One House in any One Year, and should also rate and assess upon the Dean, Dignitaries, and Prebendaries of the said Cathedral Church of Saint Patrick, and on His Majesty’s Castle of Dublin, and the Precincts thereof, comprehended within the Places from whence the said Waters descend into the said Watercourse, and through which the said Watercourse runs, such Rate and Assessment as the said Commissioners should think reasonable: And whereas many of the Houses formerly liable to the said Assessment have, by reason of the Change of Levels, and by the Construction of Sewers communicating with the River Liffey and not with the said River Poddle, ceased to be in Circumstances contemplated by the said Acts as rendering them properly chargeable for the Purposes aforesaid, and others of the said Houses so formerly liable are in many Instances occupied by poor Persons who are unable to bear the same: And whereas the said River Poddle has been used as a Drain for Her Majesty’s Castle of Dublin and for the said Cathedral Church of Saint Patrick, and the Precincts thereof respectively, but is in its present State insufficient effectually to drain the same as well as the adjoining District, and the said Castle of Dublin and the said Cathedral may thereby sustain considerable Injury; and it is therefore reasonable that a Proportion of the total annual Expence of improving and maintaining the said Drainage should be defrayed by an Assessment on Her Majesty’s Castle of Dublin and on the said Cathedral: And whereas it is expedient, for the more effectual Execution of the Purposes of the said Acts, to transfer to the Commissioners for paving, cleansing, and lighting the Streets of Dublin the Powers and Authorities vested in the Commissioners appointed under the said recited Acts, and to make other Provisions for more effectually carrying the said Acts into execution:’ Be it therefore enacted by the Queen’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 after the Commencement of this Act all the Powers, Rights, Duties, and Authorities belonging under the said recited Acts to the Commissioners constituted or appointed thereunder, or by the said recited Acts or any of them given to or imposed upon such Commissioners, shall cease to be exercised by the said Commissioners, and shall, save as such Powers, Duties, and Authorities may be by this Act varied or curtailed, be thenceforward transferred to, imposed upon, and vested in and exercised by the Commissioners for paving, cleansing, and lighting the Streets of Dublin, appointed or hereafter to be appointed under the Provisions of an Act passed in the Forty-seventh Year of the Reign of His Majesty King George the Third, intituled An Act for the more effectual Improvement of the City of Dublin and the Environs thereof, and of another Act passed in the Fifty-fourth Year of the Reign of His said Majesty, intituled An Act to explain and amend an Act passed in the Forty-seventh Year of His present Majesty’s Reign, for the more effectual Improvement of the City of Dublin, and the Environs thereof, who shall therein enjoy all the Powers, Privileges, and Advantages by the said first-recited Acts conferred upon the Commissioners appointed thereunder.