Grand Jury (Ireland) Act, 1853

1 & 2 W.4.c.33.

6 & 7 W.4. c.108.

2 & 3 Vict.c.50

9 & 10 Vict.c.3

10 & 11 Vict. c. 75.

VII. ‘And whereas under and by virtue of an Act of the Session holden in the First and Second Years of King William the Fourth, Chapter Thirty-three, an Act of the Session holden in the Sixth and Seventh Years of the same Reign, Chapter One hundred and eight, an Act of the Session holden in the Second and Third Years of Her Majesty, Chapter Fifty, an Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter Three, and an Act of the Session holden in the Tenth and Eleventh Years of Her Majesty, Chapter Seventy-five, certain Harbours, Piers, Quays, Landing Places, and other Works in Ireland have been constructed or improved by the Commissioners of Public Works in Ireland wholly or in part with Public Money: And whereas, under and by virtue of the said last-mentioned Act, and an Order made by the said Commissioners of Public Works, dated the Sixth Day of February One thousand eight hundred and forty-nine, and published in the Dublin Gazette of Friday the Sixteenth of February in the same Year, several Harbours, Piers, Quays, Landing Places, and other Works on the Sea Coast of Ireland which within Forty-five Years before the passing of such Act had been made, wholly or in part, with Public Money advanced for the Improvement of the Fisheries, have become vested in such Commissioners, and the Counties liable to be charged with the Cost of the Repair and Maintenance of such Works (in case of the Insufficiency of the Tolls, Rates, or Rents accruing thereout,) are set forth in such Order: And whereas it is expedient to provide for the future Maintenance and Preservation of all the said Harbours, Piers, Quays, Landing Places, and Works constructed or improved by the said Commissioners of Public Works as aforesaid, and of the like Works which may be hereafter constructed or improved by such Commissioners under the said Acts, and also of the Works so vested in the said Commissioners as aforesaid, which said Harbours, Piers, Quays, Landing Places, and Works, heretofore constructed or improved as aforesaid, and vested in the said Commissioners as aforesaid, are respectively mentioned in the Second Schedule to this Act annexed:’

Commissioners of Public Works may transfer Harbours, Piers. Quays, &c. to Grand Juries of Counties.

Nothing to alter or abridge Powers of Commissioners for recovering Monies advanced by way of Loan, and Interest thereon.

Tolls and Rates to be fixed by Commissioners of Public Works, with Approbation of the Treasury.

Nothing to affect Powers of Commissioners of Public Works to make Byelaws, &c.

It shall be lawful for the said Commissioners of Public Works (by and with the Consent and Direction of the Commissioners of Her Majesty’s Treasury), by Warrant under the Hands of the said Commissioners of Public Works or any Two of them, from Time to Time to direct that any Harbour, Pier, Quay, Landing Place, or other Work mentioned in the said Schedule, or which at any Time hereafter shall be erected, constructed, or made, altered or improved, by the said Commissioners of Public Works, out of the Sums of Fifty thousand Pounds and Forty thousand Pounds granted by the said Acts of the Ninth and Tenth and Tenth and Eleventh Years of Her Majesty, or any Land at, about, or adjoining such Harbour, Pier, Quay, or Landing Place purchased by and vested in the said Commissioners under the Provisions of the said Acts or either of them, shall be deemed and become the public Property of the County in which such Harbour Pier, Quay, Landing Place, or other Work may be situate, and from and after the Date of any such Warrant such Harbour, Pier, Quay, Landing Place, or other Work, together with all Ways, Rights, Members, and Appurtenances thereto belonging, and such Land, shall be deemed and taken to be the public Property of such County, and be held, maintained, and preserved by the Grand Jury of the County mentioned in such Warrant in like Manner as any public or County Road or Bridge within such County the Expense of which is or may be chargeable to such County or any Barony thereof: Provided always, that nothing in this Provision contained shall in any Manner affect, alter, or abridge the Powers of the said Commissioners of Public Works under the said Acts of the Ninth and Tenth and the Tenth and Eleventh Years of Her Majesty, or either of them, for the raising, levying, and recovering the Amount specified in any Final Award made or to be made by the said Commissioners of Public Works, and therein stated to have been advanced by way of Loan, or the Interest thereof: Provided also, that the Tolls and Rates to be levied and paid for the Use of any such Harbour, Pier, Quay, Landing Place, or other Work shall be from Time to Time fixed by the said Commissioners of Public Works, with the Approbation of the Commissioners of Her Majesty’s Treasury; but all such Tolls and Rates shall belong to the County in which such Work may be situate, and shall be levied, collected, and applied, under the Direction of the Grand Jury of such County, and Payment thereof may be enforced by such Person as they may appoint to receive the same, in like Manner as Payment of the Tolls or Rates for the Use of such Work as aforesaid may, under the said Acts or any of them, be enforced by the said Commissioners of Public Works, or their Lessees or Officers: Provided also, that nothing in this Provision, or in any Warrant of the said Commissioners for making any such Harbour, Pier, Quay, Landing Place, or other Work, the public Property of any such County as aforesaid, shall prevent the said Commissioners of Public Works from exercising the Powers contained in the said Acts of the Sixth and Seventh Years of King William the Fourth and of the Ninth and Tenth Years of Her Majesty, in respect to the making, altering, or repealing of any Byelaws, Rules, Orders, and Regulations, as therein mentioned, or in anywise affect the Powers or Provisions of the said Acts in relation to such Byelaws, Rules, Orders, or Regulations, but such Powers may be exercised by the said Commissioners of Public Works, in respect to any such Harbour, Pier, Quay, Landing Place, or other Work, as if no such Warrant had been executed for vesting any such Pier, Harbour, Quay, Landing Place, or other Work in any such County as aforesaid.