Page images
PDF
EPUB

inade of faid

Ground to Commiffioners.

veyances fhall be Perfons to whom the fame fhall be awarded, for the Purchase of any fuch Ground or Premises as aforefaid, or for the Purchase of any Eftate, Right, Title, Term or Interest therein, fuch Perfon or Perfons shall make, execute or procure to be made and executed, Conveyances to the faid Commiffioners of fuch Ground and Premises as aforefaid, or of fuch Eftate, Right, Title, Term or Interest for which fuch Sum or Sums of Money shall be so awarded, in the Form hereinbefore set forth, or some other Form to the fame Effect, and shall procure all neceffary Parties to execute fuch Conveyances, Affignments and Affurances, and shall do all Acts, matters and things neceffary and requifite to make a good, clear and perfect Title to the faid Commiffioners; and fuch Perfon or Perfons, Body or Bodies Politic or Corporate, to whom any Sum or Sums of Money fhall be awarded by way of Compenfation or Satisfaction for any fuch Damages as aforefaid, fhall give and perfect to the faid Commiffioners a full and sufficient Release, Acquittance and Discharge from all Claims and Demands for or on account of all Damages for which +Sum fhall be awarded as aforefaid.

+ Sie. Such Verdicts

entered in the
Rolls Office
of Court of
Chancery, and
Copies thereof
deemed Evi-
dence in all

Courts, and on
Payment to
Owners or into
Chancery.

XVI. And be it further enacted, That all fuch Verdicts, Judgments, Sentences, Decrees, Orders and other Proceedings of the faid Commiffioners and Juries, as relate to or concern the Premises aforefaid, shall be entered in the Rolls Office of the faid Court of Chancery, and the fame or true Copies thereof fhall be deemed and taken to be good and fufficient Evidence and Proof in any Court or Courts of Law or Equity whatsoever, and immediately on the Entry of fuch Verdicts, Judgments, Sentences, Decrees, Orders and other Proceedings of the faid Commiffioners and Juries as aforefaid, and on Payment of the Sum or Sums of Money agreed on or adjudged or awarded, either for the Purchase of any Land or Premifes, or as a Satisfaction or Compensation for any Damages to the Proprietor or Proprietors of any Ground or Premises, or to the Perfon or Persons who fhall be entitled to receive fuch Money, or on Payment of which Money, respecting which any Difficulties, Difputes or Differences fhall arife, into the Bank of Ireland, in manner and for the Purposes herein mentioned, all the Estate, Right, Title, Term, Interest, Úse, Truft, Property, Claim and Demand in Law and Equity, of the Perfon or Perfons to whom or to whose Ufe fuch Money fhall be paid as aforefaid, into and out of all Ground and Premifes which fhall be fo purchased, fhall pass to and be vested in the faid Commiffioners for the Purposes of this A&t, and the faid Commiffioners fhall be deemed in Law to be in the actual Poffeffion of fuch, to all Intents and Purposes whatsoever; Commiffioners. and all and every Perfon or Perfons, Body and Bodies Politic and Corporate, to whom any fuch Satisfaction and Compensation as aforesaid shall be awarded, shall from thenceforth be for ever barred from claiming any further or other Satisfaction or Compenfation whatsoever, for any Damage which they or any of them shall sustain by the means aforefaid.

Premifes thence

forth vested in

Conveyances as aforesaid of Eltate, &c. effectual.

XVII. And be it further enacted, That the Conveyance to the faid Commiffioners of any fuch Eftate and Intereft of any Feme Covert, in or to any fuch Ground or Premises as aforefaid, by Conveyance in the Form herein before directed and prescribed, and enrolled within Six Calendar Months in any of His Majefty's Four Courts in Dublin, fhall as effectually and abfolutely convey the Eftate

and

and Intereft of fuch Femes Coverts in the Premises as any Fine or Fines, Recovery or Recoveries, fhould or could do if levied or fuffered in due Form of Law; and further, that all Conveyances to be made in the Form hereinbefore directed and prefcribed, or any other Form to the fame Effect, and enrolled as hereinbefore mentioned, of any Ground or Premises which shall be purchased by the faid Commiffioners by virtue of and for the Purposes of this Act, fhall have the like Force, Effect and Operation in Law, to all Intents and Purposes, which any Fine or Fines, Recovery or Recoveries whatsoever, would have if levied or fuffered by the Bargainor or Bargainors, or any Perfon feifed of any Eftate in the Premifes in Truft, for or to the Use of such Bargainor or Bargainors in any legal manner and Form whatsoever.

XVIII. And be it further enacted, That if any Money fhall be Application of agreed or awarded to be paid for any Lands, Tenements or Heredi- Compenfation taments, purchased, taken or used by virtue of the Powers and for Money when exceeding 2001. the Purposes of this Act, which fhall belong to any Corporation, Feme Covert, Infant, Lunatic or Perfon or Perfons under any Difability or Incapacity, or feised or poffeffed of only a particular or determinable Eftate or Intereft therein, fuch Money fhall, in case the fame amount to or exceed the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the High Court of Chancery in Ireland, to be placed to his Account ex parte the Commiffioners for executing this Act, to the Intent that fuch Money may be applied under the Direction and with the Approbation of the said Court, to be fignified by an Order made upon a Petition to be preferred in a fummary way by the Perfon or Perfons who would have been entitled to the Rents and Profits of the faid Lands and Hereditaments, towards the Discharge of any Debt or Debts, or fuch other Incumbrances, or Part thereof, as the said Court shall authorize to be paid, affecting the fame Lands or Hereditaments which fhall be fo purchased, taken or used as aforefaid, ftood settled or limited, or fuch of them as at the time of making fuch Conveyance and Settlement shall be exifting, undetermined and capable of taking Effect, and in the meantime and until fuch Purchafe fhall be made the faid Money shall by Order of the faid Court of Chancery, upon Application thereto, be vefted by the faid Accountant General in his Name, in the Purchase of some of the Government Securities transferrable at the Bank of Ireland; and in the meantime, and until the faid Government Securities fhall be ordered by the said Court to be fold for the Purposes aforefaid, the Dividends and Annual Produce of the faid Government Securities fhall from time to time be paid by Order of the faid Court to the Perfon or Perfons who would for the time being have been entitled to the Rents and Profits of the faid Lands or Hereditaments fo hereby directed to be purchased, in cafe fuch Purchase or Settlement were made.

XIX. Provided always, and be it further enacted, That if any Money fo agreed or awarded to be paid for any Lands or Hereditaments purchased, taken or used for the Purposes aforefaid, and belonging to any Corporation, or to any Perfon or Perfons under Incapacity or Difability as aforefaid, fhall be lefs than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds,

then

Application when Compenfation is less than ceeds 201

2001. and ex

Application where Money

less than 2c1.

In cafe of not making out Title.

Or if Perfons

then and in fuch case the fame fhall, at the Option of the Perfon or Perfons for the time being entitled to the Rents and Profits of the Lands and Hereditaments taken or used, or of his, her or their Guardian or Guardians, Committee or Committees, in cafe of Infancy or Lunacy, to be fignified in Writing under their respective Hands, be paid into the faid Bank of Ireland, in the Name and with the Privity of the faid Accountant General of the faid High Court of Chancery, and be placed to his Account as aforefaid, in order to be applied in the manner hereinbefore directed, or otherwise the fame fhall be paid at the like Option to Two Trustees to be nominated by the Perfon or Perfons making fuch Option, and approved of by the Commiffioners for executing this A&t, fuch Nomination and Approbation to be fignified in Writing under the Hands of the nominating and approving Parties, in order that such Principal Money, and the Dividends arifing therefrom, may be applied in manner hereinbefore directed, fo far as the fame may be applicable, without obtaining or being required to obtain the Direction or Approbation of the faid Court of Chancery.

XX. Provided alfo, and be it further enacted, That where fuch is Money fo agreed or awarded to be paid as last before mentioned fhall be less than Twenty Pounds, then and in all fuch cases the fame fhall be applied to the Ufe of the Perfon or Perfons who would for the time have been entitled to the Rents and Profits of the Lands and Hereditaments fo purchased, taken or ufed for the Purposes of this Act, in fuch manner as the faid Commiffioners for executing this A&t fhall think fit, or in cafe of Infancy or Lunacy, then to his, her or their Guardian or Guardians, Committee or Committees, to and for the Ufe and Benefit of fuch Perfon or Perfons fo entitled respectively.

cannot be found,

Purchase

Money paid into
Bank, fubject to
Order of Court
of Chancery on

Motion or Pe-
tition.

XXI. And be it further enacted, That in cafe the Perfon or Perfons to whom any Sum or Sums of Money fhall be fo ordered to be paid as aforefaid, fhall not be able to make a good Title to the Premifes, to the Satisfaction of the Commiffioners, or any Three or more of them, or shall refufe to execute fuch Conveyance or Conveyances, or fuch Release, Acquittance or Discharge as is required by this Act; or in cafe fuch Person or Perfons, to whom fuch Sum or Sums of Money shall be fo ordered to be paid as aforefaid, cannot be found; or in cafe it fhall not fatisfactorily appear to the faid Commiffioners what fuch Shares and Proportions of any Purchase Money or Recompence for Damages ought to be paid or allowed to any Tenant or other Perfon having a particular Eftate, Term or Intereft in any Premises; or if the Perfon or Perfons entitled to any Lands, Tenements or Hereditaments, be not known or discovered, then and in every such cafe it fhall and may be lawful for the faid Commiffioners, or any Three or more of them, to order the said Sum or Sums of Money fo awarded to be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the faid Court of Chancery, to be placed to his Account, to the Credit of the Parties interested in the faid Lands, Tenements or Hereditaments (describing them), fubject to the Order, Control and Difpofition of the faid Court of Chancery, which faid Court, on the Application of any Perfon or Persons making claim to any fuch Sum or Sums of Money, or any Part thereof, by Motion or Petition, fhall be and is hereby empowered in a fummary Way of Proceeding, or otherwife, as to

the

the faid Court shall seem meet, to order the same to be laid out and invefted in Government Securities, or to order Diftribution thereof, or Payment of the Intereft thereof, according to the respective Estate or Estates, Title or Intereft of the Perfon or Perfons making Claim thereunto, and to make fuch other Order in the Premises as to the faid Court fhall feem juft and reasonable; and the Cafhier or Cashiers of the Bank of Ireland, who fhall receive fuch Sum or Sums of Money, is and are hereby required to give a Receipt or Receipts for fuch Sum or Sums of Money, mentioning and specifying for what and for whose Use the fame is or are received, to fuch Perfon or Perfons as fhall pay any fuch Sum or Sums of Money into the Bank as aforefaid.

Where any Question mall arife touching Title to Money to be paid, the

Perfon who shall be in Poffeffion of the Lands at the time of luch Purchase shall

be deemed en

XXII. Provided always, and be it further enacted, That where any Question fhall arife touching the Title of any Perfon to any Money to be paid into the Bank of Ireland, in the Name and with the Privity of the Accountant General of the Court of Chancery in pursuance of this Act, for the Purchase of any Meffuages, Lands, Tenements or Hereditaments to be purchased in purfuance of this A&t, or to any Government Securities to be purchased with any fuch Money, or to the Dividends or Interefts of any fuch Government Securities, the Perfon or Perfons who fhall have been in Poffeffion of fuch Meffuages, Lands, Tenements or Hereditaments at the time of titled thereto acfuch Purchafe, and all Perfons claiming under fuch Perfon or Perfons, cording to fuch shall be deemed and taken to be lawfully entitled to fuch Meffuages, Poffeffion. Lands, Tenements or Hereditaments according to fuch Poffeffion, until the contrary fhall be fhewn to the Satisfaction of the faid Court of Chancery, and the Dividends or Intereft of the Government Securities to be purchased with fuch Money, and also the Capital of fuch Government Securities fhall be paid, applied and difpofed of accordingly, unless it fhall be made appear to the faid Court that fuch Poffeffion was a wrongful Poffeffion, and that fome other Perfon or Perfons was or were lawfully entitled to fuch Meffuages, Lands, Tenements or Hereditaments, or to fome Estate or Intereft therein.

XXIII. Provided also, and be it further enacted, That when by reafon of any Difability or Incapacity of the Perfon or Perfons, or Corporation entitled to any Lands, Tenements or Hereditaments to be purchased under the Authority of this Act, the Purchase Money of the fame fhall be required to be paid into the Court of Chancery, and to be applied in the Purchase of other Lands, Tenements or Hereditaments to be fettled to the like Ufes in pursuance of this Act, it shall and may be lawful to and for the faid Court of Chancery to or der the Expences of all Purchases from time to time to be made in pursuance of this Act, or so much of fuch Expences as the faid Court fhall deem reasonable, to be paid by the faid Commiffioners out of the Monies to be received by virtue of this Act, who fhall from time to time pay fuch Sums of Money for fuch Purposes as the said Court shall direct.

XXIV. And be it further enacted, That if any Person shall wil fully obftruct, moleft or hinder any Surveyor, Engineer, Workman or Labourer employed by the faid Commiffioners for the Purposes of this Act, in the Performance of his, her or their Duty or Employment, in the Execution of this Act, every Person so offending fhall forfeit and pay for every fuch Offence any Sum not exceeding Five Pounds; and if any Perfon fhall wilfully, and to the Prejudice of the

The Court of
Chancery may

order reasonable
Expences of

Purchases to be paid by Commillioners.

Damaging the Works or ob. ftructing the

Execution of

Act.

Felony.

Stealing Ropes,
Materials,
Tools, &c.

faid Harbour, break, throw down, deftroy or in any wife damage or injure any Pier, Dock, Quay, Refervoir, Erection, Machine, Building, Road, Rail Way or other Work whatever heretofore erected or made, or hereafter to be erected or made, by virtue of this A&, or any Part thereof, or shall obftruct, hinder or divert the Course of any Stream of Water which at any time before the paffing of this Act ran or flowed into the Sea at the faid Harbour, other than as fshall be done by or under the Directions of the faid Commiffioners, or fhall do any other wilful Hurt or Mischief to obstruct, hinder or prevent the carrying on, completing, fupporting, improving and maintaining of the faid Harbour, or of any Water or other Works erected under this Act, every fuch Perfon fhall be adjudged guilty of Felony, and every fuch Perfon fo offending, and being lawfully convicted thereof, fhall be fubject to the like Pains and Penalties as in cafes of Felony, and the Court by or before whom such Person shall be tried and convicted fhall have Power and Authority to caufe fuch Perfon to be punished in like manner as Felons are directed to be punished by the Law of Ireland, or in Mitigation of fuch Punishment, fuch Court may award fuch leffer Punishment as to fuch Court fhall feem proper.

XXV. And be it further enacted by the Authority aforefaid, if That any Perfon or Perfons shall steal, or fraudulently or unlawfully take from on Board any Ship, Wherry, Boat or other Veffel lying within the prefent Harbour of Dunleary, or within the faid intended Afylum Harbour, or from or upon the Piers, Quays, Roads or Ways leading to or belonging to the faid Harbours, or either or any of them, any Rope, Cable, Anchor, Oar, Spar or any Tackling, Ne. ceffary or Material belonging to any fuch Ship, Wherry, Boat or other Veffel, or any of the Furniture, Cargo or Property belonging to or on Board fuch Ships or Veffels, or any Goods or Property of any Perfon or Perfons whatsoever, which may be lying at, upon or along fuch Piers, Quays, Roads or Ways, or any of them, without the Confent of the Owner or Owners, or shall steal or unlawfully take as aforefaid any of the Tools, Implements, Materials or other Goods, Chattels or Property used or intended to be used in the said Afylum Harbour or the Works connected therewith, or belonging thereto, or to the faid Commiffioners, or to any other Perfon for the Ufe of the faid Works, that then and in such case the Perfon or Perfons fo offending fhall, upon Conviction before any One of His Majefty's Juftices of the Peace for the County of Dublin, by the Oath of One or more credible Witnesses, or by the Confeffion of the Party, or upon Conviction before the faid Commiffioners, or any Three of them, in manner aforefaid, forfeit and pay any Sum not lefs than Forty Shillings, in the Discretion of fuch Juftice or Commiffioners; Default of Pay- and in default of Payment thereof, immediately upon faid Conviction, then it fhall be lawful for the faid Juftice or Commiffioners, and they are hereby authorized and required to commit the Offender or Offenders to the Houfe of Correction, or Common Jail of the County, there to remain without Bail or Mainprize, for any time or term not exceeding Six Months, at the Discretion of such Juftice or Commiffioners.

Penalty.

ment.

Imprisonment.

Duties granted

according to Schedule annexed.

XXVI. And be it further enacted, That from and after the Fifth Day of July One thoufand eight hundred and fixteen, there fhall be raised, levied, collected and paid upon or in respect of Ships, Veffels or other Bottoms coming into the Port or Harbour of

Dublin,

« PreviousContinue »