Portumna Bridge Act, 1858

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PORTUMNA BRIDGE ACT 1858

CAP. XXIII.

An Act for abolishing the Tolls now levied on the Bridge over the Shannon at Portumna in Ireland. [14th June 1858.]

4 & 5 W. 4. c. 61.

‘WHEREAS by an Act passed in the Session of Parliament in the Fourth and Fifth Years of the Reign of His late Majesty King William the Fourth, Chapter Sixty-one, it was enacted, amongst other things, that the then existing Bridge of Portumna, and all Tolls, Revenues, and Profits of the same, should be vested in the Commissioners of Public Works in Ireland, and that a new Bridge should be built as therein provided; and it was thereby enacted, that it should be lawful for the said Commissioners to take and receive certain Tolls for the passing over the said Bridge as therein set forth, and that the said Tolls should be applied in the first instance towards the Expense of repairing and maintaining the said Bridge, and in the next place towards the Repayment of any Public Monies theretofore advanced under any Acts for the Advance of Monies in aid of Public Works in Ireland, as therein referred to, and that the Surplus (if any) thereof should be applied in such Manner as the Commissioners for executing the Office of Lord High Treasurer should direct: And whereas previously to the passing of the said Act, and in the Year One thousand eight hundred and eighteen, there had been advanced out of the Public Monies, for the Purpose of completing the then existing Bridge at Portumna, a Sum of Two thousand seven hundred and sixty-nine Pounds Four Shillings and Eightpence, the whole of which at the Time of the passing of the said Act was due and owing to the said Commissioners of Public Works in Ireland: And whereas since the passing of the said Act the said Commissioners have received a Sum of One thousand three hundred and twenty-four Pounds Ten Shillings and Elevenpence only out of the Tolls payable in respect of the said Bridge, leaving a Balance of One thousand four hundred and forty-four Pounds Thirteen Shillings and Ninepence still due on foot of the said Sum of Two thousand seven hundred and sixty-nine Pounds Four Shillings and Eight pence on the Thirty-first December One thousand eight hundred and fifty-seven: And whereas it would be of great Advantage to the Public that such Tolls should be abolished:’ 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, as follows:

Clauses of 4 & 5 W. 4. c. 61. set forth in Schedule to this Act repealed.

I. From and after the First Day of September One thousand eight hundred and fifty-eight the Sections of the said Act of the Fourth and Fifth William Fourth, Chapter Sixty-one, set forth in the Schedule to this Act annexed, shall be and the same are hereby repealed, save as to any Matters or Things heretofore done or which have heretofore taken place under the Authority thereof.

Tolls of Bridge to cease.

II. From and after the said First Day of September One thousand eight hundred and fifty-eight all Tolls, Revenues, Rights, Emoluments, Income, and Benefits arising out of the said Bridge, and vested by the said Act in the said Commissioners of Public Works, shall cease, determine, and become void.

Bridge, &c. at Portumna vested in the Counties of Galway and Tipperary.

III. The Property in the said Bridge at Portumna, with the Approaches thereto, shall be deemed and taken to be the public Property of the County of Galway and of the County of Tipperary respectively, and (save as herein-after provided) shall henceforth be maintained and preserved at the Expense of the County of Galway and County of Tipperary, in equal Shares and Proportions; and the Grand Juries of the said Counties respectively shall and they are hereby required from Time to Time to make Presentment accordingly for such Repairs and Maintenance, without any Application to Presentment Sessions for that Purpose: Provided always, that the Part of the said Bridge forming the Draw Bridge or Swivel Bridge shall, for the Purposes of Navigation, be maintained by the said Commissioners of Public Works out of the Tolls of the Shannon Navigation, and be under the Control and Conservancy of the said Commissioners, to be made use of by them in like Manner as the other Swivel or Draw Bridges over the said River Shannon.

All Provisions, &c. of other Acts for rebuilding or repairing Bridge, &c. applicable to this Act.

IV. From and after the passing of this Act, all Enactments, Clauses, and Provisions in any Act or Acts of Parliament relating to the rebuilding, repairing, or maintaining or keeping in repair any Bridges in Ireland, whether made wholly or in part the Public Expense or otherwise, or over Rivers forming the Boundaries between Two Counties or otherwise, shall be deemed and taken to apply to the said Bridge at Portumna, so far as the facts and Circumstances shall admit.

SCHEDULE referred to in the foregoing Act,