approve: Provided always, that every such Lease shall contain a Covenant in Covenant on the Part of the Lessee or Lessees to keep such Leases. Work in repair (so far as the ordinary Wear and Tear of such Work may render necessary), and shall also contain a Power of Re-entry on the Nonpayment of such Rent, or Nonperformance of such Covenant for Repairs, within Three Calendar Months after the same shall become due, or after any Breach of any such Covenant, and a Power to such Commissioners at any Time to put an end thereto on giving Three Calendar Months Notice to the Lessees or Lessee thereof of an Intention so to do: Provided always, that nothing in this Act contained shall be construed to extend to or affect any Tolls already raiseable and payable, or which shall hereafter be made raiseable or payable, by virtue of the Provisions of any Act passed before the passing of this Act.

LXVIII. And be it enacted, That the Tolls payable under the Application of Provisions of this Act, or the Rent payable upon any Lease Tolls and Rents thereof, or the Rents payable in respect of any Lands let or leased of Lands. by the said Commissioners under the Provisions herein-before contained, shall be applied in manner following; (that is to say,) first, in repairing and maintaining the Pier, Harbour, Quay, or other Work in respect of which, or in respect of Lands adjacent and in connexion with which, such Tolls or Rents shall be payable; and in the next place in defraying all the contingent Expences of the said Commissioners in relation to such Work; and the Surplus of such Tolls or Rents shall be in the meantime invested in Public or Government Securities, and suffered to accumulate so as to form a Fund for the Repair, Reconstruction, or future Improvement of such Work; and such Fund shall be applied for such Purpose, at such Time, and in such Manner as the said Commissioners shall from Time to Time direct, and the Commissioners of Her Majesty's Treasury shall from Time to Time appoint.

Rent of Tolls.

LXIX. And be it enacted, That it shall be lawful for the said Power of enCommissioners, in Cases in which such Tolls or Rates shall not forcing Paybe leased or let, and for the Lessees or Lessee of such Tolls or Rates, if leased or let, from Time to Time to appoint sufficient Collectors and Officers or Agents for the Purpose of receiving the Tolls and Rates payable under this Act; and in case any Person liable to pay such Tolls or Rates shall refuse or neglect to pay the same, it shall be lawful for the said Commissioners, or for the Lessees or Lessee of the said Tolls and Rates, or their Officer or Agent, or other Person to whom such Toll or Rate ought to have been paid, to seize the Vessel, Goods, Articles, and Things in respect of which such Tolls or Rates ought to have been paid wherever the same may be found, and to detain the same until such Tolls or Rates, together with the reasonable Costs and Expences of such Seizure and Detention, shall be paid; and if such Vessels, Goods, Articles, and Things shall not be redeemed within Twenty-one Days after the Seizure thereof, the same shall be appraised and sold, and, after deducting the Costs of such Seizure, Detention, and Sale, all such Sums as shall be due in respect of such Toll or Rates shall be satisfied thereout, and the Overplus paid to the Owner, in like Manner as the Law directs in Cases of Distress for Rent in arrear. E 4

LXX. And

Commissioners to make Bye Laws.

Copy of Bye

Laws to be
Evidence.

Persons de

stroying Works

demeanor.

LXX. And be it enacted, That it shall and may be lawful for the said Commissioners and they are hereby authorized and empowered from Time to Time to make such Bye Laws, Rules, Orders, and Regulations, not being contrary to any Law or Statute in force in Ireland, as to them shall seem meet and proper, according to the Circumstances of every Case, for better carrying into effect the Purposes of this Act, or in any Manner relating thereto, and from Time to Time to alter or repeal all or any of such Bye Laws, Rules, Orders, or Regulations, and to make others, and to impose such Fines and Penalties, not exceeding the Sum of Five Pounds, upon all Persons offending against any of such Bye Laws, Rules, Orders, or Regulations, as to the said Commissioners shall seem reasonable; and all such Bye Laws, Rules, Orders, and Regulations shall be reduced into Writing, and signed by the said Commissioners or any Two or more of them; and a Copy thereof, signed by the said Commissioners shall be deposited with the Clerk of the Peace of every County in or near to which any Work to which such Bye Laws shall relate shall be situate, and the same shall be kept with the Records of the County; and a printed or painted Copy of such of the said Bye Laws, Rules, Orders, or Regulations as shall subject any Person, not being an Officer or Servant of the said Commissioners, to any Fine or Penalty, shall be exhibited, on Boards or otherwise, at or near each Work, and in such other Places as to the said Commissioners shall seem fit, and shall from Time to Time be renewed as often as the same or any Part thereof shall be obliterated or destroyed; and such Bye Laws, Rules, and Orders shall be binding upon and shall be observed by all Persons whomsoever; provided that all such Bye Laws, Rules, Orders, and Regulations be approved of and confirmed by the Lord Lieutenant or other Chief Governor or Governors of Ireland in Council, by Writing under his or their Hands.

LXXI. Provided always, and be it enacted, That in all Cases of Prosecution for any Offence or Offences against any of the Bye Laws, Rules, Orders, and Regulations of the said Commissioners, the Production of a Book or Document purporting to contain the Bye Laws, Rules, Orders, or Regulations of the said Commissioners, and authenticated by the Signatures of any Two or more of the said Commissioners, shall be Evidence of the Existence of such Bye Laws, Rules, Orders, or Regulations: Provided always, that in every such Prosecution it shall be proved that such printed or painted Copy as aforesaid of such Bye Laws, Rules, Orders, or Regulations was duly exhibited in manner herein-before directed.

LXXII. And be it enacted, That all and every Person or Persons whomsoever who shall at any Time hereafter wilfully and guilty of Mis- maliciously cut, break down, destroy, or damage any Work, Engine, or Building, or any Part thereof, which shall be erected and made for the Purposes of this Act, or shall become vested in the said Commissioners, shall be guilty of Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned for any Term not exceeding Two Years.

LXXIII. And

as to obstruct Navigation, &c.

LXXIII. And be it enacted, That if any Person shall throw or Penalty on Perdeposit any Ballast, Gravel, or other Matter or Thing into any sons depositing Harbour or Precincts of any Pier, Quay, Landing Place, or other Ballast, &c. so Work, so as to interrupt or obstruct the free Navigation to or from any Work which shall have been constructed or improved by the said Commissioners under this Act, or shall, without the Consent of the said Commissioners, lay any Ballast, Gravel, Stones, Dirt, Rubbish, Lime, Timbers, or Clay on any of the Banks, Wharfs, or Landing Places of any of the Works aforesaid, or if any Person shall maliciously open any Lock, Sluice, Dam, Gate, or Watercourse belonging to the said Commissioners, or shall so leave any of the same open, or shall raise any Wall, Building, or other Obstruction within or on such Works, or the Lands of said Commissioners, without the Consent in Writing of the Commissioners, such Person, being convicted of any of the Offences aforesaid before any Justice or Justices of the Peace of the County where such Offence shall be committed, or of any adjoining County, by the Oath of One or more credible Witness or Witnesses, shall be fined by such Justice or Justices a Sum not exceeding Ten Pounds, to be levied in such Manner as is hereinafter directed with respect to the levying any Fine imposed by any Justice or Justices; and all such Walls, Buildings, or other Obstructions may be forthwith pulled down and removed by the said Commissioners, or any Person or Persons duly authorized by them, and the Materials of such Walls, Buildings, or Obstructions may be sold by Order of the said Commissioners to defray the Costs of their Removal.

Miscellaneous.

Commissioners

LXXIV. And be it enacted, That if any Person or Persons shall wilfully prevent or assault any of the Commissioners for the Execution of this Act, or any Engineer, or other Officer, Penalty on PerServant, or Workman, acting in aid or under the Orders of any sons assaulting such Commissioners in the Execution of any of the Powers given and others en by this Act, or shall wilfully destroy or injure any of the Instru- gaged on the ments, Tools, Engines, or Implements or Materials kept or used Works. by the said Commissioners or any of them, or by any Person or Persons employed by them or any of them, for or in the Execution, Maintenance, or Repairs of any of the Works under this Act, any Person so offending shall, in addition to any other Punishment to which by Law he may be subject for such Offence, forfeit and pay for every such Offence, upon Conviction thereof by the Oaths of One or more credible Witness or Witnesses before any Justice of the Peace, such Sum not exceeding Five Pounds as such Justice shall think fit.

LXXV. And be it enacted, That in all Cases in which by this Act any Penalty or Forfeiture is made recoverable, by Information or otherwise, before a Justice of the Peace, it shall be lawful for the Justice of the Peace to whom Complaint shall be made of any Offence against this Act to summon the Party complained against before him, and on such Summons to hear and determine the Matter of such Complaint, and on Proof or Admission of the Offence to commit the Offender, and adjudge him to pay the Penalty or Forfeiture incurred, and to proceed to recover the same, although no Information in Writing shall have been exhibited or taken by or before such Justice; and all such Proceedings

by

Proceedings by Summons for the Recovery of

Penalties.

Miscellaneous. by Summons without Information in Writing shall be as good, valid, and effectual to all Intents and Purposes as if an Information in Writing had been exhibited.

Form of Conviction.

Recovery and
Application of
Penalties.

LXXVI. And be it enacted, That any Justice of the Peace before whom any Person shall be convicted of any Offence against this Act shall and may cause the Conviction to be drawn up in the following Form of Words, or in Words to the same Effect: E it remembered, That on the

}BE

Day of

" to wit.
A.B. is convicted before Her Majesty's
'Justices or Justice of the Peace for the County of
by virtue of the Act passed in the Ninth Year of the Reign of
Her Majesty Queen Victoria, intituled [here insert the Title of
this Act, specify the Offence, and the Time and Place when
and where the same was committed, as the Case shall be], and
we do adjudge that the said A.B. shall for the said Offence
Given under our Hands and Seals

6

[or my Hand and Seal] the Day and Year aforesaid.' LXXVII. And be it enacted, That all Penalties and Forfeitures inflicted or imposed by this Act, or incurred under the Provisions or Directions thereof, and all Sums payable for Compensation or Damage, the Manner of levying and recovering whereof is not herein-before otherwise particularly directed, may be recovered in a summary Way by the Order and Adjudication of some Justice of the Peace of the County in or adjacent to which such Offence shall have been committed, on Complaint to him for that Purpose exhibited by the Oath or Affirmation of any Person, or on the Confession of the Party offending, which Oath or Affirmation such Justice is hereby authorized to administer; and in default of Payment of such Penalties or Forfeitures, or Sums for Compensation or Damage, the same shall be levied by Distress and Sale of the Goods and Chattels of the Party making such Default, by Warrant under the Hand and Seal of such Justice, rendering the Overplus (if any), on demand, to the Party whose Goods and Chattels shall be so distrained, the reasonable Charges of such Distress and Sale being deducted; and in case such Penalties or Forfeitures shall be not forthwith paid off, it shall be lawful for such Justice and he is hereby authorized and required to order the Offender so convicted to be detained and kept in safe Custody until Return can be conveniently made of such Warrant of Distress, unless the Offender can give sufficient Security, to the Satisfaction of such Justice, for his Appearance before such Justice, or before some other Justice of the Peace for the County in or adjacent to which such Offence shall have been committed as aforesaid, on such Day or Days as shall be appointed for the Return of the Warrant or Warrants of Distress, such Day or Days not being more than Eight Days from the taking any such Security, and which Security any Justice is hereby empowered to take by way of Recognizance or otherwise; but if upon the Return of such Warrant it shall appear that no sufficient Distress can be had whereupon to levy the Penalty and such Costs as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the Satisfaction of such Justice upon the Confession of the Offender or otherwise, that he has no sufficient Goods and Chattels whereupon such Penalty, Forfeitures, Costs,

and

and Expences could be levied (if a Warrant of Distress should be Miscellaneous. issued), such Justice shall not be required to issue such Warrant of Distress, and thereupon it shall be lawful for such Justice and he is hereby authorized and required by Warrant under his Hand and Seal, to commit such Offender to any Common Gaol or House of Correction, there to remain for any Time not exceeding Three Calendar Months, unless such Penalties or Forfeitures, and all Costs and Charges attending such Proceedings as aforesaid, to be ascertained by such Justice, shall be sooner paid and satisfied, or shall otherwise be discharged by due Course of Law; and such Penalties and Forfeitures, when received, shall be paid to the Commissioners aforesaid, and be by them applied to the Purposes of this Act.

LXXVIII. And be it enacted, That wheresoever throughout this Act any Act, Matter, or Thing may be directed to be done at the Petty Sessions for the District, or by any Justice of the Peace for the County wherein any Place may be situate, or Offence may be committed respectively, the same shall and may be done at the Petty Sessions for the next adjoining District, or by any Justice of the Peace for the next adjoining County in any Case where such Place shall not be included or Offence committed in any District or County respectively; and whenever any Work constructed or repaired by, or any Work or Lands vested in the said Commissioners, under the Provisions of this Act, shall not be situate in any County, such Work or Lands shall for the Purposes of this Act be deemed and taken to be a Part of the County to which or any Part of which such Work or Land is next adjacent.

Provision as to
Petty Sessions
Districts and
Counties.

Form.

for Want of

LXXIX. And be it enacted, That any Orders, Convictions, Proceedings not or other Proceedings to be had or made by or before any Justice to be quashed of the Peace by virtue of the Powers granted by this Act, or any Orders or Proceedings to be had or made by, before, or on behalf of the said Commissioners, or, in case of Appeal, by or before the Assistant Barrister, shall not be quashed or vacated for Want of Form only.

LXXX. And be it enacted, That no Action, Suit, or Infor. mation shall be brought, commenced, or proscuted by any Person for any thing done in pursuance of this Act or in execution of the Powers or Authorities herein contained, unless Notice in Writing of such Action, Suit, or Information, specifying the Ground or Cause thereof, and signed by the Attorney for the Plaintiff, shall be given to the said Commissioners or Persons against whom Proceedings are intended to be commenced at least Twentyone Days before such Action, Suit, or Information shall be commenced.

LXXXI. And be it enacted, That no Plaintiff shall recover in any Action to be brought against any Commissioners or any other Person for any thing done in execution of the Powers vested in them or him under this Act, if Tender of sufficient Amends shall be made by or on behalf of the Commissioners or Person before such Action is brought; and in case no Tender shall have been made it shall be lawful for the Defendant in any Action, by Leave of the Court in which such Action shall depend, at any Time before Issue joined, to pay into Court such Sum of Money as they

or

No Action to be brought against Person acting in execution of this Act until after Notice, &c.

No Action to

be brought after Tender of suffi

cient Amends,

&c.