Materials.

Satisfaction to

Owners for
Damage.

may make

Roads, Quays and Works on Lands, &c. purchafed by them.

fuch Stone, Limestone, Gravel, Sand or other Materials, which shall be fo dug or got as aforefaid, on the Grounds near to the Place or Places where the fame fhall be fo dug or got, or where the Stone fhall be used or employed for the Purposes of this Act, and alfo To make Roads to make, maintain and ufe fuch good and fufficient Roads and Ways for conveying as the faid Commiffioners fhall thing neceffary or convenient for conveying all fuch Stones, Limeftones, Gravel, Sand or other Materials, fo cut, dug, quarried or obtained, taken away or removed for the Purposes of this Act, from the Place and Places where the fame fhall be refpectively fo cut and dug, and quarried and obtained, to the Places where the fame fhall be employed for the Purposes of this Act, they the faid Commiffioners making Satisfaction to the Owners and Proprietors of all fuch Lands and Premifes, for all Damages by them done or to be done in the Execution of this Act. IX. And be it further enacted, That it fhall and may be lawful Commiffioners to and for the faid Commiffioners and their Agents, Servants and Workmen, and they are hereby authorized and empowered in and upon any Land or Premises by this Act vested in the faid Commifoners, or that they may enter on, take or purchase by virtue of this Act, to make, erect, complete and maintain all and every and other fuch Roads, Ways, Fences, Piers, Docks, Quays, Refervoirs, Works, Erections and Buildings whatsoever, as and where the faid Commiffioners fhall think requifite and convenient for the Purposes of this Act; and alfo to make, erect, complete and maintain fuch Waterworks, Refervoirs and other Engines and Works as the faid Commiffioners fhall deem neceffary and expedient for fupplying all fuch Ships and Veffels, which may resort to the faid Harbour, with Water; and for that Purpose to convey and ufe any Stream or Streams of Water now running or flowing into the Sea at or near the Harbour or Town of Dunleary, or within Three Miles thereof as aforefaid; and alfo to make and do all other matters and things which they the faid Commiffioners fhall from time to time think fit, neceffary and convenient for making, effecting, extending, improving, preferving, completing and ufing the faid Harbour, and all Roads, Ways, Piers, Docks, Quays, Works, Waterworks, Erections and Buildings relating thereto, in purfuance and within the true Meaning of this Act, they the faid Commiffioners making Satisfaction in manner by this Act directed for all Damages and Injuries done to any Lands and Premises which fhall be damaged Making Satisor prejudiced by the taking of any Materials or by the making of any Roads or temporary Roads for the Conveyance of fuch Materials for the Purposes of this Act, and alfo making Satisfaction in manner by this Act directed for the Purchase of any Lands and Premifes required to be employed, taken or used in making, completing or maintaining any permanent or temporary Roads, or in the making, erecting, completing or maintaining of any Piers, Docks, Quays, Refervoirs, Waterworks Engines, Works, Erections and Buildings whatsoever for the Purposes of this Act; and this Act fhall be fufficient to indemnify the faid Commiffioners and their Servants, Agents and Workmen, and all other Perfons whomfoever, for whatever they or any of them fhall do by virtue of the Powers hereby granted.

faction to Own

ers for Damage.

X. And be it further enacted, That it fhall and may be lawful to Commiffioners and for the faid Commiffioners for the time being, to treat and to treat and

Ꮓ Ꮞ

agree agree with In

heritors of

Ground required for Purposes of Act.

agree with all and every or any Perfon or Perfons, Bodies Politic or Corporate, who is, are or may be the Inheritor or Inheritors, Occupier or Occupiers of any Land or Premifes required for the Purposes of this Act, for the Purchase of fuch Land or Premifes, or relative to and concerning any Compenfation or Satisfaction which any fuch Perfon or Perfons may claim or demand for any Damage or Damages which he, fhe or they may fuffer or fuftain by reafon of the Execution of this Act; and it fhall and may be lawful for all Bodies Politic, Corporate or Collegiate, Corporations Aggregate or Sole, Hufbands, Guardians, Tenants in Tail, Truftees and Feoffees in Truft, Committees, Executors, Adminiftrators and all other Trustees whomfoever, not only for or on behalf of themselves, their Heirs and Succeffors, but also for or on behalf of their several Cestuique Trusts, whether Infants, Iffue unborn, Lunatics, Idiots, married Women, or other Perfon or Perfons, and to and for all married Women who are or fhall be feifed, poffeffed of, or interested in any Lands ufed or required for the Purposes of this Act, whether entitled in Fee Simple, Fee Tail or otherwise, to contract and agree for, and to fell and convey unto the faid Commiffioners, or to fuch Perfons as they fhall nominate and appoint for the Purposes of this Act, all or any Part of any Lands or Premifes which fhall from time to time be used or required for the Purposes of this A&t, and alfo to claim and demand, and to contract and agree with the faid Commiffioners for any Compenfation or Satisfaction, for any Damage or Damages which such Body Politic or Corporate, or Person or Perfons, or his or their Lands or Premises may refpectively fuffer by reafon of the Execution of this A&; and in cafe fuch Treaty or Treaties fhall end in an Agreement or Agreements, it fhall and may be lawful to and for the faid Commiffioners to take and accept of a Conveyance or Conveyances of fuch Lands or Premises as they fhall purchase from fuch Perfon or Perfons, Body or Bodies Politic or Corporate, or any of them; Discharges for and to take and accept of a Release or Releases, Discharge or Dif Compensation. charges, for fuch Satisfaction or Compenfation as aforefaid, which Conveyance or Conveyances, Release or Releases, Difcharge or Difcharges, fhall be binding and conclufive to and upon the Perfon or Perfons, Body or Bodies Politic or Corporate, executing the same, and all Perfons claiming under them, and all Bodies Politic, Corporate or Collegiate; and all Perfons whomfoever fo contracting and agreeing are hereby indemnified for what they or any of them fhall refpectively do by virtue of or in purfuance of this Act; and the Expence of all fuch Contracts, Agreements, Sales, Conveyances and Affurances, fhall be defrayed out of the Money granted for the Purposes of this A&t; and fuch of them as fhall be made for the conveying of any Lands or Premifes to the Commiflioners fhall be made according to the following Form, or fome other Form to the like Effect; (that is to fay)

Expence of Con

veyance how defrayed.

Form of Con- 4. B. of
I A.

veyance.

in Confideration of the Sum of to me paid by the Commiffioners • appointed to carry into Execution an Act paffed in the Fifty fixth Year of the Reign of His prefent Majefty, intituled An Ad for ereding an Harbour for Ships to the Eastward of Dunleary, within the Port of Dublin, do hereby grant, convey and difpofe to the faid • Commiffioners all [defcribing the Lands or Premifes to be conveyed,]

• and

A.D. 1816.

56° GEO. III.

and all the Eftate, Right, Title and Intereft of me the said A. B. and in the fame, and every Part thereof, to hold the same unto the faid Commiffioners and their Succeffors for ever, by virtue of and according to the true Intent and Meaning, and for the Purposes of the faid Act of Parliament. In Witnefs whereof I have hereDay of 'unto fet my Hand this

Year of our Lord

in the

And that fuch Conveyance in the Form aforefaid, or any other Form to the fame Effect, fhall be good and effectual in Law and Equity to all Intents and Purposes whatsoever, to convey and veft in the faid Commiffioners all the Eftate, Right, Title and Intereft of the Perfon and Perfons fo conveying, and fhall be good and effectual against them, their Heirs and Succeffors (as the cafe may be).

XI. And be it further enacted, That in case the faid Commiffioners In Default of by reafon of Nonage, Coverture, Intail, Infanity or other legal Im- Agreement Jury pediment in the Owner or Owners, Occupier or Occupiers of any fummoned to Land or Premises, used or required for the Purposes of this Act, or from any other Caufe or Reafon cannot or fhall not agree with the Owners and Occupiers of fuch Land or Premifes as aforefaid, relative to the Purchase of any fuch Land or Premifes, or relative to any Satisfaction or Compenfation for Damages to fuch Land or Premifes, then and in such case it shall and may be lawful for faid Commiffioners, or any Three of them, (not being interested in the Queftion to be determined by being entitled to any Sum or Sums of Money, claimed to be paid for fuch Land and Premifes, or Damages respectively, or any Part thereof,) from time time, to iffue a War- Sheriff to imrant or Warrants, Precept or Precepts, under their Hands and Seals, pannel a Jury, to the Sheriffs of the County of Dublin, thereby commanding fuch Sheriff to impannel and return a competent Number of fubftantial and difinterested Perfons qualified to ferve on Juries, not less than Thirty fix, nor more than Sixty; and fuch Sheriff is hereby authorized and required to impannel and return fuch Jury and Juries from time to time accordingly, under the Penalty of Fifty Pounds for every Penalty. Default in fo doing, to be recovered by Action of Debt, Bill, Plaint or Information, by fuch Commiffioners or their Secretary, or in default by them, then by any Person who fhall fue for fame in any Court of Record; and out of fuch Perfons so to be impannelled and returned, a Jury of Twelve Persons shall be drawn by fome Person to be named by the faid Commiffioners, or any Three of them as aforefaid, in fuch manner as Juries for the Trial of Iffues joined in His Majefty's Four Courts in Dublin, by an A&t made in Ireland 29 G.2. (1.) in the Twenty ninth Year of the Reign of His late Majefty King King George the Second, intituled An A&t for the better Regulation of Juries, are directed to be drawn, which Perfons fo to be impannelled, fummoned and returned as aforesaid, are hereby required Three of to come and appear before the said Commiffioners, or any them as aforefaid, at fuch time and Place, as in fuch Warrant or Warrants, Precept or Precepts, fhall be directed and appointed, and to attend the faid Commiffioners until discharged by the faid Commiffioners; and all Parties concerned fhall and may have their lawful Challenges againft any of the faid Jurymen, but shall not be at Liberty to challenge the Array; and the faid Commiffioners, or any Three of them, (not being interefted as aforefaid,) are hereby authorized and empowered by Precept or Precepts, Summons or Sum

monfes,

Commiffioners may call and examine Wit

nesses on Oath.

Commissioners empowered to

monfes, from time to time as Occafion fhall require, to call before them and the faid Jury all and every Perfon and Perfons whomsoever who fhall be thought proper and neceffary to be examined as Witneffes before them and the faid Jury, on their Oath or Oaths, touching and concerning the Premifes; and the faid Commiffioners, or any Three of them, if they shall think fit, fhall and may authorize the faid Jury to view the Place or Places in queftion, in fuch manner as they fhall direct, and fhall have Power to adjourn fuch Meeting from day to day as Occafion fhall require, and to command fuch Jury upon their Oaths, (which Oaths, as alfo the Oaths to fuch Perfon or Perfons as fhall be called upon to give Evidence, the faid adminifter Oaths. Commiffioners, or any One of them, not being interested as aforesaid, are and is hereby empowered and required to adminifter,) fhall enquire of the Value of fuch Ground and Premifes as fhall require to be purchased for the Purposes of this Act, and of the respective Eftate, Right, Title, Term and Intereft of every Person or Perfons, Body or Bodies Politic and Corporate, feifed or poffeffed thereof, or interested therein, or of or in any Part thereof; and alfo what Compenfation or Satisfaction, if any, fhall be awarded and paid to any Perfon or Perfons, Body or Bodies Politic or Corporate, for any Damage or Damages, which he or they or any of them may confequently or otherwife fuffer or fuftain, or have fuffered or fultained, by any Act, matter or thing done in the Execution of this Act; and shall affefs and award the Sum or Sums to be paid to every fuch Perfon or Perfons, for the Purchase of fuch his, her or their refpective Eftates, Rights, Titles, Terms and Interefts as aforefaid, or for any fuch Damage or Damages as aforefaid; and the faid Commiffioners, or any Three of them, (not being interested as aforefaid,) fhall and may give Judgment for fuch Sum or Sums of Money fo to be affeffed and awarded, which said Verdict or Verdicts, and the faid Judgment and Determination thereupon, (Notice in Writing being given to the Perfon or Perfons, Body or Bodies Politic or Corporate, interested at least Fourteen Days before the time of the First Meeting of the said Jury, declaring the time and Place of the Meeting, by leaving fuch Notice at the Dwelling House of fuch Perfon or Perfons, or at his, her or their usual Place or Places of Abode, if then refident within Ireland, and if not, then with the known Agent or Receiver of the Rents of fuch Perfons as fhall be then abfent from Ireland, or if a Body Politic or Corporate, then with the oftenfible or waiting Officer of fuch Body Politic or Corporate,) fhall be binding and conclufive to all Intents and Purposes whatsoever, againft all and every Perfon or Perfons, Body and Bodies Politic and Corporate, claiming any Eftate, Right, Title, Truft, Ufe or Intereft, in, to or out of any fuch Land or Premises, either in Poffeffion, Reverfion, Remainder or Expectancy, as well Infants and Iffue unborn, Lunatics, Idiots and Femes Coverts, and Perfons under any legal Incapacity or Difability, and all other Ceftuique Trufts, his, her and their Heirs, Succeffors, Executors and Administrators, and against all other Perfons whomfoever; and the faid Verdicts, Judgments and Decrees, and all other Proceedings of the said Commiffioners and Juries to be made, given and pronounced as aforefaid, fhall be fairly written on Parchment, and figned by the faid Commiffioners, who fhall pronounce fuch Judgment.

Judgment by
Commiffioners
for Money
awarded.

Notice of First
Meeting of
Jury.

Judgment binding.

XII. And

State.

XII. And be it further enacted, That when the Value of any Jury fhall value Land or Premifes, or the Recompence for any Damage done or to Ground accordbe done in any Land or Premifes, fhall be fubmitted to a Jury, ing to its actual fuch Land or Premises, and the Damage done thereto, fhall be valued by fuch Jury with refpect to the actual State, Situation and Value of fuch Lands and Premifes, in like manner as if the faid recited A&t of the Fifty fifth Year or this Act had not been made, and not according to the additional Value which fuch Land or Premises fhall or may acquire, or be fuppofed to acquire, by the making, improving and completing of the faid Harbour, or by any future Improvements to be made or which might be made in fuch Land or Premises in confequence of fuch Harbour, or the Expenditure which fhall be laid out for the Purposes of this Act.

XIII. Provided always, and be it enacted, That in all cafes where a Verdict or Affeffment fhall be given or made for more Money, as a Recompence or Satisfaction for any Lands or Premises, or for any Satisfaction done or to be done to the fame than had been previously offered by or on behalf of the faid Commiffioners, all the Expences of fummoning fuch Jury, and of taking fuch Inqueft, fhall be defrayed by the faid Commiffioners out of the Fund provided by this Act; but if any Verdict or Affeffment fhall be given or made for no more or for a lefs Sum than had been previously offered by or on behalf of the faid Commiffioners, then and in every fuch case the Cofts and Expences of fummoning fuch Jury, and taking fuch Inqueft, fhall be borne and paid by the Party to whom fuch Offer was previously made by fuch Commiffioners: Provided always, that when by reafon of Abfence, or any Incapacity as aforefaid, any Perfon or Perfons fhall be prevented from treating with the faid Commiffioners, all the Cofts and Expences of fummoning fuch Jury, and taking fuch Inqueft, fhall be borne and paid by the faid Commiffioners out of the faid Funds.

Expences of

Juries how paid.

Persons requestiga Jury to enter into a Bond to profe

cute.

XIV. Provided alfo, and be it enacted, That all Perfons making Complaints, and requefting fuch Jury for the afcertaining the Value of any Lands or Premises, or the Amount of any Recompence or Satisfaction for any Damage done or to be done to the fame, fhall, before the faid Sheriff fhall be obliged to fummon fuch Jury, firft enter into a Bond, with Two Sureties, to the Secretary or Clerk of the faid Commiffioners for the time being, in the Penalty of Fifty Pounds Sterling, to profecute his, her, or their Complaint, and to bear and pay the Cofts and Expences of fummoning fuch Jury and taking fuch Inqueft, in case a Verdict shall be given for no more or a lefs Sum than had been offered by or on behalf of the said Commiffioners, before fummoning and returning the faid Jury or Juries, as the Value, or as a Recompence or Satisfaction for any Lands or Premifes, or for any Damage as aforefaid: Provided always, that if the Perfon fo requesting fuch Jury fhall refufe to enter into fuch Bond as aforefaid, it fhall and may be lawful for the Commiffioners under this Act to require fuch Jury to be fummoned, and the fame fhall be fummoned accordingly by the Sheriff, and the Expence of fummoning such Jury, and of taking the Inqueft by them, fhall be defrayed in manner and under the Regulations herein before provided, mentioned and contained. XV. And be it further enacted, That upon Payment of fuch Sum Upon Payment or Sums of Money fo to be awarded or adjudged to the Perfon or of Sums fo Perfons awarded, Con

Expence of fummoning Jury how paid.