A Second Claimant proving his Right, and unable to Claimant, Court for Reduction of Stock in their Name as fhall be fufficient. or Benefits, and Principals of Stock and Annuities and Accumulations thereon respectively paid. VII. Provided always, and be it further enacted, That if in any cafe where fuch new or other Claimant or Claimants as aforesaid shall have established his, her or their Right and Title to any fuch Stock Annuities, Dividends, or Lottery Prizes or Benefits, or Balances as aforefaid, as shall have been transferred and paid to a First Claimant or Claimants, and shall not be able to obtain the Transfer and Payment thereof from fuch First Claimant or Claimants to whom the fame fhall or may have been erroneously transferred and paid, then and in every such case the said Court of Chancery or Court of Exchequer fhall, and they are hereby refpectively authorized and emto transfer fuch powered upon Application by Petition of fuch new or other Claimant or Claimants, verified as fuch Court fhall direct or require, to order the Commiffioners for the Reduction of the National Debt to transfer to fuch new or other Claimant or Claimants fuch Sum or Sums in Stock, and to pay him, her or them fuch Sum or Sums in Money as and for the Dividends, Annuities, Lottery Prizes or Benefits, or Balances as aforefaid, as to fuch Court fhall appear to be just; which Transfers fhall be made from Stock transferred into the Names of the faid Commiffioners under or by virtue of this A&; and the Payment of Dividends, Annuities, Lottery Prizes or Benefits, or Balances as aforefaid, fhall be made from Dividends received by fuch Commiffioners upon fuch Stock transferred into their Names as aforefaid, or the Accumulations thereof, or from the Sale of Stock purchased with fuch Dividends or Accumulations, or any other Monies at the Disposition of the said Commiffioners. CAP. LXI. An Act for granting to His Majefty a Sum of Money to be [60,000 Tickets.] CAP. LXII. 55 G. 3. c. 191. .& 1. An Act for erecting an Harbour for Ships to the Eastward of HEREAS the Erection of an Afylum Harbour, or Place of Refuge for Ships and Veffels to the Eastward of Dunleary, within the Port of Dublin, will be of great Advantage as well to the Ships and Veffels trading to the faid Port, as to the Ships and Veffels of His Majefty's Navy which may be in the Irish Channel; and will alfo be of great Utility to the Trade and • Commerce between Great Britain and Ireland: And Whereas by virtue of an A&t made in the Fifty fifth Year of His prefent Majefty's Reign, intituled An Ad to authorize the Appointment of Commiffioners for erecting an Harbour for Ships to the Eastward of Dunleary, within the Port and Harbour of Dublin, certain Perfons were appointed and authorized by the Lord Lieutenant for the time being to carry the said recited A&t into Execution, as in the faid Act mentioned: And Whereas it is expedient to provide for the Expence of making, improving and completing the faid Harbour, and for the due Application of the fame, and whatever • Sume Act. Sums may be granted by Parliament, or advanced by His Majefty Government for that Purpose, and for the making and executing the Roads, Quays and Works neceffary for the Completion and Improvement of the faid Harbour, and the other Charges and Expences attendant thereon;' May it therefore please Your Majefty that it may be enacted; and be it 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 the feveral Per- Commiflioners fons heretofore appointed by the Lord Lieutenant of Ireland for for executing the time being, for the Purpose of carrying into Execution the hereinbefore recited A&t of the Fifty fifth Year of His prefent Majesty's Reign, and fuch other Perfon or Perfons as fhall or may, from time to time, be appointed or authorized by the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, shall be and they are hereby appointed Commiffioners for the Purposes of this Act; provided always, that it fhall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, to revoke the Appointment of any fuch Perfon or Perfons to be fo appointed, and from time to time to nominate and appoint fuch other Perfon or Perfons to be a Commiffioner or Commiffioners, not exceeding Fifteen in Number, as fuch Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being fhall think fit. II. Provided always, and be it further enacted, That the faid Commiffioners Commiffioners, and each of them, fhall take and fubfcribe the Oath to take and fubfollowing, before he or they fhall take upon himself or themfelves the fcribe Oath. Execution of any of the Powers or Authorities hereby given, other than adminiftering the faid Oath: I 4. B. do fwear that I will, without Favour or Affection, Form. ' of my Skill and Judgment, execute and perform all and every the Which Oath any One of the faid Commiffioners, or any Perfon named in any Appointment of Commiffioners, is hereby authorized and required to adminifter at the first or any other Meeting, to be held by virtue of this Act. Officers and III. And be it further enacted, That it fhall and may be lawful Commiffioners for the Commiffioners for the Purposes of this Act for the time being, may appoint or any Three of them, from time to time to nominate and appoint make Contracts, fuch Secretary, Clerk and other Officers, and alfo from time to time to employ fuch Engineers and Surveyors, and fuch Labourers and Workmen, and at fuch Salaries and Wages as the faid Commiffioners fhall think proper and expedient for the better carrying into Execution the Purposes of this Act: Provided nevertheless, Officers to take that fuch Secretary, Clerks and Officer as already have been or fhall and fubfcribe be hereafter appointed, and each of them, fhall take and fubfcribe Oaths. the following Oath, before he or they fhall take upon him or themfelves the Execution of any of the Duties annexed to their said Office: Form. Commiffioners may contract. IC. D. do fwear that I will well and faithfully, without Fraud or Concealment, do, perform and execute the feveral Duties attached to the Office of [here name the Office,] to which I have been appointed by the Commiffioners for erecting an Afylum Harbour at Dunleary, and that I will not accept or receive, directly or indirectly, any Monies, Fees, Perquifites or Profits, by way of Commiffion, Premium, Per Centage or otherwise, for or by reason of the faid Office or any of the Duties annexed thereunto, or by reason of any Account, Contract or Payment made or to be made or in any way relating to the faid Harbour, or any of the Materials or Works thereof, fave fuch Payment and Compensation only as 'fhall be paid or allowed to me by the faid Commiffioners :' Which Oath any One of the faid Commiffioners is hereby authorized and required to adminifter; and if any fuch Secretary, Clerk or other Officer, fhall be guilty of any Embezzlement, Concealment, Fraud or other matter, contrary to the true Intent and meaning of the faid Oath, and be thereof convicted, he fhall for the faid Offence suffer the Pains and Penalties as for wilful and corrupt Perjury. IV. And be it further enacted, That it fhall and may be lawful for the faid Commiffioners, and they are hereby authorized and empowered to contract and agree with any fit and proper Perfon or Perfons, Artificers, Workmen and others for the making, doing and repairing of all or any of the Quays, Piers, Walls, Erections, Roads and Works by this Act authorized, or directed to be done and performed, or any Part thereof, or for supplying any of the Materials for the fame, which Contract shall be figned by the Perfon or Perfons contracting or agreeing to perform fuch Works refpectively, and alfo by Three or more of the faid Commiffioners, or by the Secretary to the faid Commiffioners, authorized by the faid Commiffioners or any Three of them for that Purpose, and that all Conations of Officers tracts which hall have been made or entered into, and all Nominations good. and Appointments of Engineers, Clerks, Secretary and other Officers, which shall have been made at any Time before the paffing of this Act, by or on behalf or under the Authority of the Commiffioners nominated and appointed in pursuance of the said recited A&t of the Fifty fifth Year, fhall be and the fame are hereby declared good, valid and effectual to all Intents and Purposes, and shall be carried into effect, and have effect in like manner, as Contracts, Nominations and Appointments made or to be made under the Authority of this Act. Former Nomin Commiffioners may bring and defend Actions in the Name of their Secretary V. And be it further enacted, That the faid Commiffioners may fue and be fued in the Name of their Secretary for the time being, by the Style and Title of Secretary to the Commiffioners for Dunleary Harbour, and that all Actions, Suits, Profecutions, Informations, Appeals and other Proceedings whatsoever, that may be neceffary or expedient to be brought for the Recovery of any Penalty or Sum of Money due or payable by virtue of this Act, to be had, taken, profecuted or defended by or against the faid Commiffioners fhall be had, taken or profecuted in the Name of their Secretary, and that no Action, Suit, Profecution, Information, Appeal or other Proceedings to be had, taken, profecuted or defended by or against the faid Commiffioners in the Name of their Secretary, shall abate or be discontinued by the Death, Sufpenfion or Removal of Action, &c. of fuch Secretary, or by any A&t or Default of fuch Secretary, done Death &c. of or fuffered without the Confent or Direction of the faid Commiffioners, Secretary no but that the Secretary for the Time being shall be always deemed the Abatement of Plaintiff, Profecutor, Informant, Appellant, Defendant or Refpondent in any such Action, Suit, Profecution, Information, Appeal or other Proceedings, (as the cafe may be,) except in fuch Action or Actions, Suit or Suits, as fhall be profecuted between the faid Commiffioners and their Secretary for the time being, in which Action or Suit any One of the faid Commiffioners fhall or may be Plaintiff or Defendant (as the cafe may be): Provided always, that every fuch Secretary reimSecretary, in whofe Name any fuch Action, Suit, Profecution, In- burfed Expences formation, Appeal or other Proceeding fhall be had, taken, profecuted or defended in pursuance of this or the said recited Act, fhall be fully reimbursed, and paid out of the Monies applicable to the Purposes of this Act, all fuch Cofts, Charges, Damages and Expences as by the Events, or in confequence of any fuch Action, Suit, Profecution, Information, Appeal or other Proceedings, he or they fhall pay, bear, expend, or be put unto, or become chargeable with or liable for, or be fairly entitled to, by reafon of his or their being fo made Plaintiff or Plaintiffs, Defendant or Defendants, Informant or Informants, Appellant or Appellants, Refpondent or Refpondents as aforefaid, unless fuch Action or Suit fhall arife in confequence of his own wilful Neglect or Default, or have been brought or commenced, or be defended without the Order of the said Commiffioners. of Action VI. And be it further enacted, That the faid Commiffioners fhall, Commiffioners and they are hereby authorized and empowered to proceed in the empowered to making, improving and completing the faid Harbour, and in the execute this Act. making and completing a Road and Quay along the Beach and Shore Weftward of the faid Harbour, and alfo to make fuch other permanent and temporary Roads to the faid Harbour as they fhall think fit and neceffary for the Benefit and Advantage of the faid Harbour, or for the Conveyance of Materials thereto, or to any of the faid Works connected therewith as aforefaid, and alfo to make and maintain Reservoirs for fupplying with Water all Shipping and Veffels as may refort to the faid Harbour; and that for the Purposes of this Act, all Quays, Piers, Buildings, Erections and Works whatsoever, heretofore made, erected or built in the whole or in Part at any time before the paffing of this Act, and all Ground, Strand, Land, Rocks, Stones and Materials applied to fuch Purpofes at, in or near Dunleary aforefaid, by the Public or out of the Public Money, or under the Authority of any Parliamentary Grant, or any A&t heretofore made, and all Roads, Piers, Quays, Making Roads, Erections and Buildings whatsoever, which fhall or may be made, &c. erected or built at any time after the paffing of this Act, and all Ground applied to fuch Purposes under the Authority of this Act, or of the Commiffioners hereby appointed; and alfo all fuch Land and Ground, Rock or Soil, Stones and Sand within the faid Harbour, as is or are overflowed by the Tide of the Sea, fhall be and the fame are hereby vested in the faid Commiffioners for the Purposes of this Act, until the faid Harbour and all fuch Works as aforefaid fhall be fully completed by and under the faid Commiffioners, and from and after the time when the said Commiffioners fhall deem the Erection, Completion and Improvement of the faid Harbour, and all fuch other Works as aforefaid completed, teftified by their Reprefentation Z 3 Roads, &c. vested in Cor poration for Im proving Port of Dublin. Lands may be Works, making Powers to Com millioners to enter Lands, and take Materials for Harbour and Works. prefentation to that Effect to the Lord Lieutenant or other Chief Governor or Governors for the time being, all the faid Harbour fo erected, completed and improved, and all Roads, Piers, Quays, Works, and other Erections and Buildings fo heretofore made, or which hereafter shall be made, erected or built under the Authority of this Act, or of the Commiffioners appointed under this Act, and the Ground and Soil on which the fame are or fhall be erected and built, fhall be and the fame are hereby declared to be from thenceforth vefted, and fhall be and remain from thenceforth vefted in the Corporation for the preferving and improving the Port of Dublin; and all the Powers by this A&t or any other Act given to or vested in the Commiffioners for the Execution of this Act, fhall be from thenceforth vested in and executed by the faid Corporation, and the faid Corporation fhall from thenceforth out of the Funds vefted in the faid Corporation for the Purpose of preferving and improving the Port of Dublin, maintain, fupport and keep up the faid Harbour, and all the Roads, Quays, Works, Erections and Buildings belonging thereunto, and fo becoming vefted in them under the Authority of this Act, in like manner as they do the other Works of the faid Corporation within the Port and Harbour of Dublin. VII. And be it further enacted, That it fhall and may be lawful to and for the Agents, Workmen and Servants of the faid Commiffioners, from time to time to enter upon all Lands or Grounds of any Perfons, Bodies Politic, Corporate or Collegiate, in, upon or through which any of the Roads, Piers, Quays, Works, Erections or Buildings authorized to be made under this Act are intended to be made, in order to furvey and take Levels of the fame, and to fet out and ascertain fuch Parts thereof as the said Commiffioners fhall think neceffary and proper for the Purposes of this Act, fuch Agents or Servants making Satisfaction for fuch Damage as they fhall do thereby to the Occupiers of fuch Lands or Grounds for the time being, in cafe the fame fhall exceed One Shilling Sterling. VIII. And for the making, improving and completing the faid Harbour, and making, ufing and maintaining all fuch Roads, Ways, Piers, Docks, Quays, Refervoirs, Works, Erections and Buildings as the faid Commiffioners fhall deem neceflary for that Purpose, and for the Execution of this Act according to the Tenor and Intent of the fame, be it further enacted, That it fhall and may be lawful for the faid Commiffioners, and their Agents, Servants and Workmen, and they are hereby authorized and empowered, in, upon and through any Lands or Premifes, being the Property of or belonging to The King's Majefty, his Heirs or Succeffors, or of any other Perfon or Perfons, Bodies Politic, Corporate or Collegiate, and fituate within Three Miles of the faid Harbour, (not being within Three hundred Yards of any capital Manfion Houfe, nor within any Plantation, Avenue, Pleasure Ground, or Garden attached to any capital Manfion Houfe, planted, made or formed before the paffing of this Act, or in any Deer Park inclosed with a Wall, prior to the paffing of this Act, and actually occupied at the time with Deer,) to enter and to quarry, dig, remove, take and carry away all fuch Stone, Limestone, Gravel, Sand or any other Materials, (ftanding Timber only excepted,) in, out of, upon and from fuch Lands and Grounds, as may be neceffary and convenient to be employed for the Purpose of this A&t, and alfo to place, lay, work or manufacture all fuch |