Page images
PDF
EPUB
[ocr errors]

presentment made in respect of the same, and subject to like provi-
sions, as far as the same can be applied, as in the case of traverses
entered for damages under the Acts for consolidating and amending

the laws relating to the presentment of Public Monies by Grand Juries
5 in Ireland : Provided always, That whenever the sum mentioned in

the said certificate shall not exceed the sum of Ten Pounds, it shall
and may be lawful for the person and persons to whom such certificate
shall be given, either to make application to the Grand Jury at the

Assizes next following the giving of such certificate, or the next sub-
10 sequent Assizes, for the amount of damages specified in such certifi-

cate, not exceeding the extent aforesaid ; and thereupon it shall be
lawful for the Grand Jury to present, without previous application
to Presentment Sessions, such sun or sums of money, not exceeding

the amount aforesaid, for the use of such owner or occupier, or each
15 of them, as the case may be, in respect of the damage sustained by

bim or then, as they, upon inspection of such certificate, shall deem
reasonable, to be raised off the barony or half barony in which such
ground shall be situated, and to such Presentment no traverse shall

be allowed or received; but in case such owner or occupier shall not
20 think fit to make such application to the Grand Jury, it shall be lawful

for him, at the Assizes next following the giving of the said certificate,
or at the next subsequent Assizes, upon giving 'Ten Days' notice pre-
viously to such Assizes to the Secretary of the Grand Jury of the

amount of damages intended to be claimed, to have a traverse for
25 damages entered in the Crown Book in respect of such damage

sustained by him; and thereupon such traverse shall be tried in like
manner, and like proceedings shall be had, and like presentment
made in respect of the same, and subject to the like provisions as

far as the same can be applied, as in the case of traverses entered for
30 damages under the Acts for “consolidating and amending the Laws

relating to the Presentment of Public Monies by Grand Juries in
Ireland.”

[ocr errors]

17. And be it Enacteil, That in the construction of this Act, as regards Interpretathe county of Dublin, the word “Treasurer" shall include the Finance tion Clause. 35 Committee ;” and the word “ Assizes” shall include the “ Presenting

Term ;” and the expressions “ Collectors” and “ Collector of Grand
Jury Cess” shall include the High Constable.

18. And be it Enacted, That no Presentment Sessions shall be holden, nor No Present

such Work as aforesaid be commenced, under the provisions of under this 40 this Act, after the Fifteenth day of August One thousand eight hun- after the 16th

day of August dred and Forty-seven.

19. And be it Enacted, That this Act may be amended or repealed by Act may be

amended, &c. any Act to be passed in this present Sesssion of Parliament.

ment Sessions

shall any

1847.

this Session.

thorized to be rent as the person tendering such receipt is hereby entitled to deduct deducted.

from such rent, by reason of his payment of the sum for which such receipt shall be given : Provided always, That no such deduction shall be held to prejudice the right of any landlord to recover the possession of any hereditaments by ejectment for non-payment of the rent thereof in any case where the remaining portion of the rent shall be unpaid.

5

to obtain

15. Expenses of

And be it Enacted, That the Grand Jury of any county, county of Secretary of Grand Jury a city, or county of a town in which any such Extraordinary Presentin attending

ment Sessions shall be held as aforesaid, shall, without application to 10 Sessions, and remuneration the Presentment Sessions present, to be levied off the county at large, to Collector to be presented county of a city, or county of a town, to be paid to any such Secreby Grand Jury.

tary of the Grand Jury of the same such sums of money as shall be
actually expended or incurred by him for expenses out of pocket in or
in respect of attendance at any such Extraordinary Presentment 15
Sessions; and shall likewise present to be paid to any such Collector
as aforesaid such remuneration for the collection of such assessment
as is payable in the case of the collection of Grand Jury Cess, and such
further sum as he may have reasonably incurred for the expense of
obtaining copies of any such rate or valuation, and also a reasonable 20

remuneration for making such applotment as aforesaid.
16.
When any

And be it Enacted, That when any Public Work shall be presented ground shall be taken for or executed under the provisions of this Act, it shall be lawful for any Works under this Act,

occupier or owner of any ground taken and occupied for the purpose , of land taken of such Work to demand and obtain from the officer of the said 25

Commissioners of Public Works or the County Surveyor, as the case from the Board of may be, by whom such Work shall have been or shall be executed, Works or County Sur- a certificate under his hand, which such officer or Surveyor is hereby certificate of required to give, stating the quantity of ground belonging to such the value,&c. occupier or owner which shall have been so taken and occupied for 30 upon pro- the purpose of such Work, and an estimate of the average annual duction of which Grand value of such ground, the tenure of such occupier or owner thereof, Jury to present a sum of and an estimate of the total damage sustained by him or either of money for damage sus

them by the taking and occupying of such ground for the purpose of tained.

such Work; and upon giving or tendering such certificate it shall be 35 lawful for such officer or Surveyor as aforesaid to proceed in the execution of such Work without the interruption of any person;

and it shall be lawful for any such owner or occupier, or either or Owner, &c., shall not

each of them, at the Assizes next following the giving of the said make applica- certificate, or at the next subsequent Assizes, upon giving Ten Days' Jury, he may notice, previously to such Assizes, respectively to the Secretary of the apply to the Assizes, and Grand Jury, of the amount of damages intended to be claimed, to traverse for damages.

have a traverse for damages entered in the Crown Book in respect of such damage sustained by him; and thereupon such traverse shall be tried in like manner, and like proceedings shall be had, and like

presentment

the ,

In case

40

5

presentment made in respect of the same, and subject to like provi-
sions, as far as the same can be applied, as in the case of traverses
entered for damages under the Acts for consolidating and amending
the laws relating to the presentment of Public Monies by Grand Juries
in Ireland : Provided always, That whenever the sum mentioned in
the said certificate shall not exceed the sum of Ten Pounds, it shall
and may be lawful for the person and persons to whom such certificate
shall be given, either to make application to the Grand Jury at the

Assizes next following the giving of such certificate, or the next sub10 sequent Assizes, for the amount of damages specified in such certifi

cate, not exceeding the extent aforesaid; and thereupon it shall be lawful for the Grand Jury to present, without previous application to Presentment Sessions, such suin or sums of money, not exceeding

the amount aforesaid, for the use of such owner or occupier, or each 15 of them, as the case may be, in respect of the damage sustained by

him or them, as they, upon inspection of such certificate, shall deem reasonable, to be raised off the barony or half barony in which such ground shall be situated, and to such Presentment no traverse shall

be allowed or received; but in case such owner or occupier shall not 20 think fit to make such application to the Grand Jury, it shall be lawful

for him, at the Assizes next following the giving of the said certificate, or at the next subsequent Assizes, upon giving 'Ten Days' notice previously to such Assizes to the Secretary of the Grand Jury of the

amount of damages intended to be claimed, to have a traverse for 25 damages entered in the Crown Book in respect of such damage

sustained by him; and thereupon such traverse shall be tried in like manner, and like proceedings shall be bad, and like presentment made in respect of the same, and subject to the like provisions as

far as the same can be applied, as in the case of traverses entered for 30 damages under the Acts for “consolidating and amending the Laws

relating to the Presentment of Public Monies by Grand Juries in Ireland."

17. And be it Enacteri, That in the construction of this Act, as regards Interpreta

the county of Dublin, the word "Treasurer” shall include the “Finance tion Clause. 35 Committee;" and the word “ Assizes” shall include the “ Presenting

Term;" and the expressions " Collectors” and “ Collector of Grand
Jury Cess” shall include the High Constable.

18. And be it Enacted, That no Presentment Sessions shall be holden, nor No Presentany

such Work as aforesaid be commenced, under the provisions of under this 40 this Act, after the Fifteenth day of August One thousand eight hun- after the 16th

day of August dred and Forty-seven.

19. And be it Enacted, That this Act may be amended or repealed by Act may be

amended, &c. any Act to be passed in this present Sesssion of Parliament.

this Session.

ment Sessions

sball

1847.

[blocks in formation]

(Prepared and brought in by Mr. Greene, Mr. Chancellor of the Exchequor,

and Mr. Labouchere.)

Ordered, by The House of Commons, to be Printed,

21 August 1846.

672.

Under 2 oz.

[ocr errors][merged small][merged small][merged small]

For the better Management and Preservation of the Ports,

Harbours, Creeks, Tidal Waters, and Navigable Lakes
and Rivers of the United Kingdom of Great Britain and
Ireland.

[Note.—The Words printed in Italics are proposed to be inserted

in the Committee.]

W

HEREAS the power, property and jurisdiction of the Preamble.

Crown of these Realms extended in ancient tiines over all the seas and shores surrounding the Dominions of Great Britain and

Ireland; and the Crown had also the property of the soil in all navi5 gable rivers which have the flux and reflux of the sea, up to high

water mark of ordinary spring tides; and Her Majesty's predecessors have, from time immemorial, exercised that power, enjoyed that property, and enforced that jurisdiction :

And whereas the Lord High Admiral had, by law, the conservancy 10 of the ports, harbours, creeks and tidal waters and navigable rivers

of Her Majesty's Dominions, and might inquire if any one be guilty of any nuisance to such ports, harbours, creeks, tidal waters and navigable rivers :

And whereas Her Majesty's predecessors have, by grants and 15 charters, givers and granted the conservancy of certain ports, harbours,

creeks, tidal waters and navigable rivers to certain bodies politic and corporate, and others :

And whereas Her Majesty's predecessors have, at different times, granted the land of many ports, barbours, creeks, shores and navigable rivers, to corporations or lords of manors, or private individuals, or to the owners of land on the banks thereof :

« PreviousContinue »