Canals (Ireland) Act 1816
| Jurisdiction | UK Non-devolved |
| Citation | 1816 c. 55 |
| Year | 1816 |
(56 Geo. 3) C A P. LV.
[20th June 1816]
' WHEREASby an Act made in the Parliament ofIreland , in the Fortieth Year of the Reign of His present Majesty, intituled An Act for granting to His Majesty the Sum of Five hundred thousand Pounds, for promoting Inland Navigation in Ireland, and for the other Purposes therein mentioned, and for authorizing the raising of the said Sum by Loan, it is amongst other things enacted, that it should and might be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland , for the time being, from time to time to nominate and appoint Five Persons to be Directors of all Works relating to Inland Navigation in Ireland , and for the Improvement of the Port and Harbour of Dublin , who should have full Power and Authority to order, direct, regulate and appoint all matters and things whatsoever, in any manner relating to the making, furthering and completing any Canal and Works relating to Inland Navigation, towards the defraying of the Expences of which any public Money should be applied; and it was by the said recited Act also enacted, that all such Inland Navigations as had been, before the passing of said Act, carried on and executed by means of public Grants alone, or by Tolls arising therefrom, without the Assistance of the private Property of any Individual, and such as should thereafter be so carried on, together with all Lands, Tenements, Banks, Backways and every matter and thing appertaining thereto, and all the Funds and Tolls belonging to the same, should be, and the same were thereby vested in the said Directors, and in such Person and Persons as should successively be appointed Directors in pursuance of the said Act: And Whereas several Inland Navigations have, by virtue of the said recited Act, and otherwise, become vested in the Directors appointed under and by virtue of the said recited Act: And Whereas it is expedient to amend the said recited Act, and to enlarge the Powers vested in the said Directors, under and by virtue of the said Act, and the several other Acts of Parliament in Ireland relating to Inland Navigation;' Be it therefore enacted by The King's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That it shall and may be lawful for the said Directors, and they are hereby authorized and empowered from time to time, and at any Place, to make such Rules, Orders, Regulations and Bye Laws, as to them shall seem meet and proper, for regulating the Conduct of all Officers, Workmen and Servants to be employed by them, and for the well and orderly using and preserving the several Canals and Navigations and Off Branches thereof, which now are or at any time hereafter shall be vested in them, and the Banks, Basons, Reservoirs, Tunnels, Locks, Sluices, Aqueducts and all other Works thereto belonging, and for regulating the passing and repassing of all Ships, Boats, Barges, Lighters and other Vessels, and the conveying of all Goods, Wares, Merchandizes and Commodities which shall be navigated or conveyed thereon, and for the orderly Behaviour of all Seamen, Boatmen, Watermen, Bargemen an others, who shall navigate such Ships, Boats, Barges, Lighters and other Vessels, upon any of the said Canals or Navigations, or any Off Branch thereof, or who shall be employed in carrying or conveying any Goods, Wares, Merchandizes or Commodities thereon, and for the Superintendance and Management of the said Canals and Navigations, and the OffBranches thereof respectively, in all other Respects whatsoever; and from time to time, and at any Place, to alter or repeal all or any of the Rules, Orders, Regulations and Bye Laws now in force, or to be hereafter made respecting the same, or any of them, and to make others; and to impose and inflict such reasonable Fines and Forfeitures upon all Persons offending against such Rules, Orders, Regulations and Bye Laws, or any of them, not exceeding the Sum of Five Pounds for any one Offence, as to the said Directorsshall seem meet and expedient; and all Rules, Orders, Regulations and Bye Laws, so to be made as aforesaid, shall be reduced into Writing, and shall be submitted for the Approbation of the Lord Lieutenant, or other Chief Governor or Governors ofIreland for the time being; and when such Approbation shall be signified, all such Rules, Orders, Regulations and Bye Laws shall be entered in the Books or Minutes of the said Directors, and shall be binding upon, and be observed by all Persons using or in anywise concerned or employed in or about the said Canals or Navigations, or any or them, or any Off Branch of any of them; and shall be sufficient in any Court of Law or Equity to justify all Persons who shall act under the same: Providedalways, that such Rules, Orders, Regulations and Bye Laws be not contrary to the Laws of that Part of the United Kingdom ofGreat Britain and Ireland called Ireland; and provided also, that such Rules, Orders, Regulations and Bye Laws shall be published at least Three times in the Dublin Gazette , and also in some CountryNewspaper respectively, if any such Country Newspaper shall be published in any County or Town through which such Canals or Navigations, or any Off Branch or Part thereof, shall have been made or carried; and if no Newspaper be published in any County through which the said Canals or Navigations, or any Off Branch or Part thereof, shall have been made or carried, then the same shall be published in theDublin Gazette alone as aforesaid.
II A Continuance of any Offence against Bye Laws constitutes a Second Offence.
II. And be it further enacted, That if any Nuisance or Impediment to any Navigation, or any other Offence against or Breach of any Rule, Order, Regulation or Bye Law, made or to be made as aforesaid, shall be continued, or shall not be abated, remove or discontinued after Notice in Writing signed by the said Directors, or by any of their Officers, shall have been served on or left at the usual Place or Places of Abode of the Person or Persons so continning such Nuisance, Impediment, Offence or Breach, requiring him, her or them to discontinue the same, every such Continuation shall be deemed and taken to be a separate and distinct Offencewithin the meaning of this Act; and it shall and may be lawful to and for the said Directors to impose and inflict a Fine, Penalty or Forfeiture for each and every such Continuation.
III Power to seize and detain Vessels for Payment of Fines and Expences of Distress.
III. And be it further enacted, That when and as often as any Penalty or Penalties, Fine or Fines, Forfeiture or Forfeitures, shall be incurred by reason of any Offence or Breach of any Rule, Order or Regulation of the said Directors, or by reason of any Bye Law to be made by the said Directors, under and by virtue of the Powers by this Act vested in them for that Purpose, it shall and may be lawful to and for the said Directors, their Officers and Servants, or any of them, to seize, detain and withhold, by way of Distress, any Ship,Boat, Lighter, Barge or Vessel, and any Goods, Wares, Merchandize or Commodities in the Possession or under the Care or Management of the Person or Persons incurring such Penalty, Fine or Forfeiture; and if such Distress shall not be redeemed, by paying every such Penalty, Fine and Forfeiture, together with the reasonable and necessary Charges for such distraining, within Sixteen Days after the taking thereof, it shall and may be lawful to and for any Two or more of His Majesty's Justices of the Peace of the County in which such Distress shall be made, and they are hereby required, on Information on Oath being made before them of the Detention of such Ship, Boat, Lighter, Barge or Vessel, Goods, Wares, Merchandizes or Commodities, and of the Imposition of such Fine, Penalty or Forfeiture as aforesaid, and that the same had not been redeemed as aforesaid, to issue their Warrant under their Hands and Seals, directed to some High or Petty Constable of the said County, to levy the Amount of every such Penalty, Fine and Forfeiture, by Sale of the said Distress;and thereupon it shall and may be lawful to and for the said Constable to fell the said Distress, or a sufficient Part thereof, for Satisfaction and Payment of every such Penalty, Fine and Forfeiture, and of the Charges of such Distress and Sale, paying the Overplus (if any) to the Owner or Owners, or Person or Personshaving the Care or Management of the Ship, Boat, Lighter, Barge or Vessel, or of the Goods, Wares, Merchandize or Commodities so distrained, and restoring to the said Owner or Owners, Person or Personsaforesaid, such Parts of the Property distrained as shall remain unfold (if any); and that no Replevin shall lie, or be granted or executed against such Distress; and the absolute Property of every Thing so fold shall be and remain in the Purchaser thereof.
IV All Floats, Rafts, or Timer put on Navigations without Permission of Directors, or not being on board Boat, Lighter, &c. for feited to Use of Directors.
IV. And be it further enacted, That from and after the passing of this Act no Person or Persons shall, on...
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