Directors em

powered to make Bye Laws for regulating Navigation and the Paffage of Veffels thereon, &c.

Power to alter

or repeal Bye Laws;

and to inflict Fines.

the time being, from time to time to nominate and appoint Five Perfons to be Directors of all Works relating to Inland Navigation in Ireland, and for the Improvement of the Port and Harbour of Dublin, who fhould have full Power and Authority to order, direct, regulate and appoint all matters and things whatfoever, in any manner relating to the making, furthering and completing any Canal and Works relating to Inland Navigation, towards the defraying of the Expences of which any public Money fhould be applied; and it was by the faid recited Act alfo enacted, that all fuch Inland Navigations as had been, before the paffing of faid Act, carried on and executed by means of public Grants alone, or by Tolls arifing therefrom, without the Affiftance of the private Property of any Individual, and fuch as fhould thereafter be fo carried on, together with all Lands, Tenements, Banks, Backways and every matter and thing appertaining thereto, and all the Funds and Tolls belonging to the fame, fhould be, and the • fame were thereby vested in the faid Directors, and in fuch Perfon and Perfons as fhould fucceffively be appointed Directors in purfuance of the faid Act: And Whereas feveral Inland Navigations have, by virtue of the faid recited Act, and otherwife, become vefted in the Directors appointed under and by virtue of the faid recited Act: And Whereas it is expedient to amend the faid recited • Act, and to enlarge the Powers vefted in the faid Directors, under and by virtue of the faid Act, and the feveral other Acts of Par•liament in Ireland relating to Inland Navigation;' Be it therefore enacted by The King's Moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That it fhall and may be lawful for the faid Directors, and they are hereby authorized and empowered from time to time, and at any Place, to make fuch Rules, Orders, Regulations and Bye Laws, as to them fhall feem meet and proper, for regulating the Conduct of all Officers, Workmen and Servants to be employed by them, and for the well and orderly ufing and preferving the feveral Canals and Navigations and Off Branches thereof, which now are or at any time hereafter shall be vefted in them, and the Banks, Bafons, Refervoirs, Tunnels, Locks, Sluices, Aqueducts and all other Works thereto belonging, and for regulating the paffing and repaffing of all Ships, Boats, Barges, Lighters and other Veffels, and the conveying of all Goods, Wares, Merchandizes and Commodities which fhall be navigated or conveyed thereon, and for the orderly Behaviour of all Seamen, Boatmen, Watermen, Bargemen and others, who fhall navigate fuch Ships, Boats, Barges, Lighters and other Veffels, upon any of the faid Canals or Navigations, or any Off Branch thereof, or who fhall be employed in carrying or conveying any Goods, Wares, Merchandizes or Commodities thereon, and for the Superintendance and Management of the faid Canals and Navigations, and the Off Branches thereof refpectively, in all other Refpects whatsoever; and from time to time, and at any Place, to alter or repeal all or any of the Rules, Orders, Regulations and Bye Laws now in force, or to be hereafter made refpecting the fame, or any of them, and to make others; and to impofe and inflict fuch reasonable Fines and Forfeitures upon all Perfons offending against fuch Rules, Orders, Regulations and Bye Laws, or any of them, not exceeding

the

Lord Lieute

nant, a fufficient Juftification to

all Perfons act

ing thereunder.

the Sum of Five Pounds for any one Offence, as to the faid Directors fhall feem meet and expedient; and all Rules, Orders, Regul- Bye Laws, apations and Bye Laws, fo to be made as aforefaid, fhall be reduced proved by the into Writing, and fhall be fubmitted for the Approbation of the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being; and when fuch Approbation fhall be fignified, all fuch Rules, Orders, Regulations and Bye Laws fhall be entered in the Books or Minutes of the faid Directors, and fhall be binding upon, and be obferved by all Perfons using or in anywife concerned or employed in or about the faid Canals or Navigations, or any of them, or any Off Branch of any of them; and fhall be fufficient in any Court of Law or Equity to juftify all Perfons who fhall act under the fame: Provided always, that fuch Rules, Orders, Bye Laws not Regulations and Bye Laws be not contrary to the Laws of that to be contrary Part of the United Kingdom of Great Britain and Ireland called to Laws of the Ireland; and provided alfo, that fuch Rules, Orders, Regulations and Bye Laws fhall be published at least Three times in the Dublin Gazette, and alfo in fome Country Newspaper refpectively, if any fuch Country Newfpaper fhall be published in any County or Town Newspaper. through which fuch Canals or Navigations, or any Off Branch or Part thereof, fhall have been made or carried; and if no Newspaper be published in any County through which the faid Canals or Navigations, or any Off Branch or Part thereof, shall have been made or carried, then the fame fhall be published in the Dublin Gazette alone as aforefaid.

Land.

Published in

Dublin Gazette and Country

A Continuance of any Offence

against Bye

Laws conftitutes a Second Of

II. And be it further enacted, That if any Nuifance or Impediment to any Navigation, or any other Offence againft or Breach of any Rule, Order, Regulation or Bye Law, made or to be made as aforefaid, shall be continued, or shall not be abated, removed or difcontinued after Notice in Writing figned by the faid Directors, or fence. by any of their Officers, fhall have been ferved on or left at the usual Place or Places of Abode of the Perfon or Perfons fo continuing fuch Nuifance, Impediment, Offence or Breach, requiring him, her or them to difcontinue the fame, every fuch Continuation fhall be deemed and taken to be a feparate and distinct Offence within the meaning of this Act; and it fhall and may be lawful to and for the faid Directors to impofe and inflict a Fine, Penalty or Forfeiture Penalty. for each and every fuch Continuation.

els for Payand Expences of Diftrefs.

ment of Fines

III. And be it further enacted, That when and as often as any Power to feize Penalty or Penalties, Fine or Fines, Forfeiture or Forfeitures, fhall and detain Velbe incurred by reason of any Offence or Breach of any Rule, Order or Regulation of the faid Directors, or by reafon of any Bye Law to be made by the faid Directors, under and by virtue of the Powers by this A&t vefted in them for that Purpose, it shall and may be lawful to and for the faid Directors, their Officers and Servants, or any of them, to feize, detain and withhold, by way of Distress, any Ship, Boat, Lighter, Barge or Veffel, and any Goods, Wares, Merchandize or Commodities in the Poffeffion or under the Care or Management of the Perfon or Perfons incurring fuch Penalty, Fine or Forfeiture; and if fuch Distress fhall not be redeemed, by paying If Diftrefs not every fuch Penalty, Fine and Forfeiture, together with the reafon- redeemed within able and neceffary Charges for fuch diftraining, within Sixteen Days 16 Days, Two after the taking thereof, it fhall and may be lawful to and for any Two or more of His Majefty's Juftices of the Peace of the County in Warrant for Sale which thereof;

Juftices of the Peace may itfue

or a fufficient

Part, to fatisfy Penalty and Charges. Overplus (if any) to Owner.

No Replevin.

All Floats,

Rafts, or Tim

gations without

Permiffion of Directors, or not being on board Boat, Lighter, &c. forfeited to Ufe of Directors.

which fuch Diftrefs fhall be made, and they are hereby required, on Information on Oath being made before them of the Detention of fuch Ship, Boat, Lighter, Barge or Veffel, Goods, Wares, Merchandizes or Commodities, and of the Impofition of fuch Fine, Penalty or Forfeiture as aforefaid, and that the fame had not been redeemed as aforefaid, to iffue their Warrant under their Hands and Seals, directed to fome High or Petty Conftable of the faid County, to levy the Amount of every fuch Penalty, Fine and Forfeiture, by Sale of the faid Diftrefs; and thereupon it shall and may be lawful to and for the faid Conftable to fell the faid Diftrefs, or a fufficient Part thereof, for Satisfaction and Payment of every fuch Penalty, Fine and Forfeiture, and of the Charges of fuch Diftrefs and Sale, paying the Overplus (if any) to the Owner or Owners, or Perfon or Perfons having the Care or Management of the Ship, Boat, Lighter, Barge or Veffel, or of the Goods, Wares, Merchandize or Commodities fo diftrained, and reftoring to the faid Owner or Owners, Perfon or Perfons aforefaid, fuch Parts of the Property diftrained as shall remain unfold (if any); and that no Replevin fhall lie, or be granted or executed againft fuch Diftrefs; and the abfolute Property of every Thing fo fold fhall be and remain in the Purchaser thereof.

IV. And be it further enacted, That from and after the paffing of this Act no Perfon or Perfons fhall, on any Pretence whatsoever, ber put on Navi- float, navigate or put any Raft of Timber, Planks, Board or Boards, or any Log or Logs of Timber, or Beam or Beams, Plank or Planks, or Board or Boards, not being on board a Ship, Boat, Lighter, Barge or Veffel, in or upon any Canal or Navigation, now vefted or which fhall hereafter be vefted in the faid Directors, or any Off Branch thereof, without the Permiffion of the said Directors for that Purpose first had and obtained in Writing; and that every Raft, Log or Piece of Timber, Plank, Beam and Board, which shall at any time hereafter be. floated, navigated or put in or upon any fuch Canal or Navigation, or any Off Branch thereof, not being on board a Ship, Boat, Lighter, Barge or Veffel, without fuch Permiffion as aforefaid, fhall be forfeited and become the Property of the faid Directors General, to be by them applied or difpofed of for the Ufe of fuch Navigation; and that it shall and may be lawful to and for the faid Directors and their Servants to seize and take the fame to and for the Ufe of the faid Directors, to be applied or difpofed of as aforefaid.

Seizure.

Ships, Boats or
Veffels found

funk or damag.

Navigations de

tained,

V. And be it further enacted, That if any Ship, Boat, Lighter, Barge or Veffel fhall in any manner damage, injure or deftroy any Part of any Canal or Navigation, or Off Branch thereof, or be ing the Work of found funk in any Canal or Navigation now vefted, or which at any time hereafter fhall be vefted in the faid Directors, or in any Off Branch or Supply Cut of the fame, it shall and may be lawful to and for the faid Directors, and their Officers and Servants, to detain every fuch Ship, Boat, Lighter, Barge and Veffel, and to keep and detain the fame, and all Goods, Wares, Merchandizes and Commodities found on board the fame, until the reasonable Cofts and Expences of weighing and raifing the fame refpectively, and of repairing the Damage which the faid Canal or Navigation, or Off Branch or Supply Cut, may have fuftained thereby, fhall be paid and fatisfied to the Collector of Tolls to the faid Directors; and in cafe

until Expences of railing, &c. and repairing Damages paid;

any

in cafe of Dif-
pute, until Sum
awarded by Juf-
tice paid, Veffel
detained.

Veffels may he
fold, under War-
rant of Juftice,
though not a
licensed Auc
tioneer.

by a Conftable,

any Difpute or Difference shall arife touching the Amount of the
faid Cofts and Expences, then until fuch Sum of Money as any One
of His Majefty's Juftices of the Peace for the County in which the
faid Ship, Boat, Lighter, Barge or Veffel fhall be detained, fhall,
under his Hand and Seal, award and adjudge to be paid for fuch
Cofts and Expences, shall be paid and fatisfied to the faid Collector.
VI. And be it further enacted, That in case any Ship, Boat,
Lighter, Barge or Veffel, Goods, Wares, Merchandizes or Commo-
dities fo detained as aforefaid, fhall not be claimed by or on behalf
of the Owner or Owners thereof, or in cafe the Cofts and Expences
aforefaid fhall not be paid as aforefaid, within Twenty one Days
after the faid Ship, Boat, Lighter, Barge or Veffel fhall be detained
as aforefaid, it fhall and may be lawful to and for any One of His
Majefty's Juftices of the Peace within his Jurifdiction, and he is
hereby required, on Information on Oath made before him, that such
Ship, Boat, Lighter, Barge or Veffel, Goods, Wares, Merchan-
dizes and Commodities, have been feized and detained, as aforefaid,
and not claimed within the time aforefaid, by Warrant under his
Hand and Seal, directed to fome High or Petty Constable of the
faid County, to order and require the faid Conftable to fell the said
Ship, Boat, Lighter, Barge or Veffel, Goods, Wares, Merchandizes
and Commodities, by public Cant or Auction, to the higheft and
beft Bidder for the fame (which faid Sale the faid Conftable is
hereby licensed, authorized, required and empowered to make, with-
out obtaining any Licence as an Auctioneer); and the faid Conftable Expences paid
fhall, out of the Produce of fuch Sale, pay the aforefaid Cofts and out of Produce
Expences to the faid Collector of Tolls of the faid Directors; and of Sale.
fhall pay over the Refidue of the faid Produce, after deducting the
Expences of fuch Notices and Sale, to the Owner and Owners of
the faid Ship, Boat, Lighter, Barge or Veffel, Goods, Wares,
Merchandizes or Commodities; or in cafe fuch Owner or Owners
fhall not be known to the faid Conftable, then to pay over the faid
Refidue to the said Juftice of the Peace for the Ufe of fuch Owner
or Owners.

Refidue to

Owner.

Where no
Boundary,
Directors may

fence in and in-
clofe Banks.

• VII. And Whereas in many Places the Boundaries and Mearings between the Banks of feveral Canals and Navigations, or the Off Branches thereof, and the adjoining Lands, have, through Lapfe of time and the Neglect of the Perfons in whom the faid Canals ⚫ and Navigations and Off Branches thereof have been vested, been 'effaced and deftroyed, so as that the fame cannot now be traced • and ascertained; and it is neceffary for the Preservation of the faid ⚫ Canals and Navigations and Off Branches thereof, that the Banks be fenced in and inclofed from the adjoining Lands;' Be it therefore declared and enacted, That in all cafes where there is no Boundary or Mearing between any Part of the Bank of any Canal or Navigation and Off Branches thereof, and the adjoining Land, it fhall and may be lawful to and for the faid Directors as to any Canals or Navigations which are or may become vested in them; and alfo for all and every Company of Undertakers or Proprietors of any other Canal or Navigation in Ireland, with respect to fuch Canals or Navigations refpectively as are not or shall not be vested in the faid Directors, to fence in and inclofe fuch Part of any fuch Bank, pro- Not to exceed vided the Breadth of the Bank fo fenced in and inclosed fhall not 21 Feet in exceed Twenty one Feet from the Edge of the Water of the said

Canal

Breadth.

Directors, Surveyors, Engineers, &c. may enter upon Lands for Pur

pofes of furvey ing and laying

out new Lines of Navigation.

Swine found on Canal Banks may be feized,

killed or carried

away, if not under the Care of Driver, &c.

Power to fue for
Damages done
to Navigations,

to be prefented
by Grand Juries,

and raifed off

County, Barony

or Town, as Grand Juries may think fit.

Canal or Navigation or Off Branch, including the Ditch or Fence by
which the fame fhall be inclofed as aforefaid.

VIII. And be it further enacted, That it fhall and may be lawful
to and for the faid Directors, and for the Surveyor or Surveyors,
Engineer or Engineers of the faid Directors, and for any other
Perfon or Perfons employed for that Purpose, and their Servants
and Attendants, to furvey, measure, take Levels, and lay out any
Line intended for a new Canal or Navigation, Off Branch or Cut,
or for the altering, widening, extending or improving of any exifting
Canal or Navigation, Off Branch or Cut, or for any Works relating
to Inland Navigation; and for that Purpose to enter upon, traverse
and pafs and repafs through and over any Lands or Grounds, and
to do all other matters and things neceffary for the Purpofes afore-
faid, without being deemed a Trefpaffer or Trefpaffers, and without
being liable to any Obftruction whatever; provided fuch Surveyor
or Surveyors, Engineer or Engineers, Perfon or Perfons, fhall be
accompanied by One or more of the faid Directors, or fhall pro-
duce (if demanded) a Certificate in Writing under the Hands of
the faid Directors, or under the Hand of their Secretary for the time
being, that he or they is or are employed by the faid Directors for
that Purpose.

IX. And be it further enacted, That from and after the paffing of this Act it fhall and may be lawful for the faid Directors, and alfo for all and every Company of Undertakers or Proprietors of any other Canal or Inland Navigation in Ireland, whenever they shall a deem it expedient or neceffary fo to do, to iffue Orders in Writing under their Hand and Seal to the feveral Lock Keepers and other Officers of the feveral Navigations, now vefted or hereafter to become vested in them the faid Directors, or in any fuch Company of Undertakers or Proprietors, to feize, kill, or carry away, and it fhall and may be lawful for fuch Lock Keepers and other Officers, when fo thereunto ordered, to feize, kill and carry away all Swine found roaming at large on any Part of the Banks of any Canal or Navigation or Off Branch thereof, vefted or to be vefted in the faid Directors, or in any fuch Company of Undertakers or Proprietors, unlefs fuch Swine fhall have One or more Driver or Drivers attending on, or Perfon or Perfons in charge of them, who fhall be actually driving the fame, and who fhall prevent them from doing Mischief to or injuring any fuch Navigation, or unless fuch Swine fhall have Iron Rings or Staples in their Nofes.

X. And Whereas the Banks, Locks and other Works as well of the feveral Canals and Navigations vefted in the faid Directors as of other Canals and Navigations in Ireland have frequently been maliciously, wantonly or intentionally damaged and deftroyed; and it has been found very difficult by Means of Rewards or otherwife to discover and bring to Punishment the Perfons guilty of fuch Offences;' Be it therefore enacted, That when and as often as any Bank, Gate, Lock, Sluice, Bridge, Dam or other Work belonging to any Canal or Navigation now vefted or hereafter to be vefted in the faid Directors, or belonging to any other Canal or Navigation in Ireland, or any Off Branch or Cut of any fuch Canal or Navigation refpectively, fhall be malicioufly, wantonly or intentionally damaged, injured or deftroyed, it fhall and may be lawful for the faid Directors with refpect to fuch Canals and Navigations as are or