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presentment made in respect of the same, and subject to like provisions, 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 certificate, not exceeding the extent aforesaid; and thereupon it shall be lawful for the Grand Jury to present, without previous application to Presentment Sessions, such sum 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 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."

And be it Enacted, That in the construction of this Act, as regards the county of Dublin, the word "Treasurer" shall include the "Finance 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.

And be it Enacted, That no Presentment Sessions shall be holden, nor shall any such Work as aforesaid be commenced, under the provisions of 40 this Act, after the Fifteenth day of August One thousand eight hundred and Forty-seven.

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19.

And be it Enacted, That this Act may be amended or repealed by Act may be any Act to be passed in this present Sesssion of Parliament.

amended, &c. this Session.

deducted.

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

15. Expenses of

Secretary of Grand Jury in attending Sessions, and remuneration to Collector to be presented by Grand Jury.

16.

When any ground shall be taken for Works under this Act, Owners, &c., of land taken

to obtain from the Board of

Works or County Surveyor a certificate of

of the same,

upon pro

duction of which Grand Jury to present a sum of money for

5

And be it Enacted, That the Grand Jury of any county, county of a city, or county of a town in which any such Extraordinary Presentment Sessions shall be held as aforesaid, shall, without application to 10 the Presentment Sessions present, to be levied off the county at large, county of a city, or county of a town, to be paid to any such Secretary 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.

And be it Enacted, That when any Public Work shall be presented or executed under the provisions of this Act, it shall be lawful for any occupier or owner of any ground taken and occupied for the purpose 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 may be, by whom such Work shall have been or shall be executed, a certificate under his hand, which such officer or Surveyor is hereby 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 the purpose of such Work, and an estimate of the average annual value of such ground, the tenure of such occupier or owner thereof, and an estimate of the total damage sustained by him or either of them by the taking and occupying of such ground for the purpose of 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 each of them, at the Assizes next following the giving of the said certificate, or at the next subsequent Assizes, upon giving Ten Days' 40 notice, previously to such Assizes, respectively to the Secretary of the Grand Jury, of the amount of damages intended to be claimed, to 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

damage sustained.

In case Owner, &c., shall not

make applica

tion to Grand

Jury, he may apply to the Assizes, and traverse for damages.

presentment

5

presentment made in respect of the same, and subject to like provisions, 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 subsequent Assizes, for the amount of damages specified in such certificate, not exceeding the extent aforesaid; and thereupon it shall be lawful for the Grand Jury to present, without previous application to Presentment Sessions, such sum 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 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."

17.

And be it Enacted, 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.

And be it Enacted, That no Presentment Sessions shall be holden, nor shall any such Work as aforesaid be commenced, under the provisions of 40 this Act, after the Fifteenth day of August One thousand eight hundred and Forty-seven.

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19.

And be it Enacted, That this Act may be amended or repealed by Act may be any Act to be passed in this present Sesssion of Parliament.

amended, &c. this Session.

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A

BİLL

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 times 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 highwater 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, given 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, harbours, creeks, shores and navigable rivers, to corporations or lords of manors, or private individuals, or to the owners of land on the banks thereof:

626.

A

And

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