Cork Improvement Act 1868

Publication Date:January 01, 1868
 
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Cork Improvement Act 1868

(31 & 32 Vict.) c. xxxiii

An Act to enable the Mayor, Aldermen, and Burgesses of the Borough of Cork to make a Diversion in the Line of the Cork, Blackrock, and Passage Railway; to authorize Agreements with the Harbour Commissioners; to define and extend the Powers of the Corporation in reference to Water Supply and Matters of local Government; to raise further Monies; to alter and amend the existing Acts relating to the Borough; and for other Purposes.

[25th June 1868]

ANNO TRICE8IMO PRIMO & TRICESIMO SECUNDO VICTORLE REGIN.E. *************************************************** Cap. xxxiii. An Act to enable the Mayor, Aldermen, and Burgesses of the Borough of Cork to make a Diversion in the Line of the Cork, Blackrock, and Passage Railway; to authorize Agreements with the Harbour Commissioners ; to define and extend the Powers of the Corporation in reference to Water Supply and Matters of local Government; to raise further Monies ; to alter and amend the existing Acts relating to the Borough ; and for other Purposes. [25th June 1868.] W HEREAS the Borough of Cork in the County of the City of Cork (in this Act respectively referred to as "the Borough " and " the County of the City ") is a Municipal Borough, under the Government of the Mayor, Aldermen, and Burgesses of the Borough (in this Act referred to as " the Corpo ration "): And whereas the Corporation in or about the Year 1846 reclaimed and enclosed a Tract of Mud or Slob Land One hundred and. fifty-five Acres or thereabouts in Extent within the Borough and [Local] 4 T adjoining 350 31 & 32 VICTORIA, Ca/ .xxxiii. The Cork Improvement Act, 1868. adjoining the River Lee, called " the Upper Park," and afterwards reclaimed and enclosed another Portion of Slob or Mud Land Eighty- nine Acres or thereabouts in Extent, called " the Lower Park," and such reclaimed Lands together are now generally known and are in 9 & io Vict, this Act referred to as " the Park: " And whereas by " The Cork, c. cxlviii. Blackrock, and Passage Railway Act, 1846," (in this Act called " the Railway Act of 1846,") the Company, in that Act called " the Cork, Blackrock, and Passage Railway Company (and in this Act called "the Railway Company"), Avere authorized to make and maintain a Railway (herein-after called " the Passage Railway ") from the Borough through the Townland or District of Blackrock to the Town of Passage West, all within the County of the City and County of Cork, passing through, among others, that Part of the Property of the Corporation called the Blackrock or South Slob, io&HVict. adjoining "the Park:" And whereas by "The Cork, Blackrock, e-lix- and Passage Railway Extension to Monkstown and Amendment Act, 1847," (in this Act called " the Railway Act of 1847,") the Powers of the Railway Company were extended, but by Section Twenty-one of that Act it was expressly enacted as follows, with respect to the Slob Lands, Part as aforesaid of the Property of the Corporation, " And whereas it is expedient that Provision should be made for " the Construction at a future Time of a Dock or Docks on the Slob, " near Cork: Be it therefore enacted, That the said Company shall " at any Time hereafter, when required by the Lord High Admiral " or the Commissioners " (of Railways), " set back the Line of the u said Railway sufficiently for that Purpose on Ground to be pro-" vided by the Dock Promoters, such Ground and the Power to set " back the Line being first obtained by the said Dock Promoters :" And whereas by an Indenture of Lease bearing Date the 9th Day of October 1848 the Corporation, with the Consent and Approval of the Commissioners of Her Majesty's Treasury, demised to the Railway Company for the Term of One thousand Years from the 1st Day of May 1847 a Plot of Land Nine thousand Feet in Length and One hundred Eeet in Breadth, forming Part of the Corporate Property called "the Park," and the Blackrock or South Slob, at the yearly Rent of Eifty Pounds, being the same Land or Part of the same Land referred to in the said Twenty-first Section of the Railway Act of 1847; and the existing Line and Terminus of the Passage Railway have been in part constructed upon the Plot of Land so leased by the Corporation : And whereas the Trade of the Borough and Port of Cork have of late greatly increased, but by reason of the Construction and Existence in its present Line of that Portion of the Passage Railway which commences near the Eoot Bridge on the Navigation Wall, and extends to the Terminus near the Victoria Road, the Park is deprived of Access to the River Frontage, and is rendered unavailable for Trade or public Purposes: And 31 & 32 VICTORLE, C^.xxxiii. 351 The Cork Improvement Act, 1868. And whereas the Corporation have in their Possession or under their Control within the Park a Site which they are willing to assign to the Railway Company in furtherance of this Act upon Terms as favourable to the Railway Company as those upon which the Site of such Portion of the existing Line is held by them: And whereas it would be attended with local and public Advantage if the Corporation or the Railway Company were authorized and required to remove and put back such Portion of the existing Line (herein-after called "the abandoned Portion"), and to construct a substituted Line or Lines of Railway in the Manner and upon the Terms hereinafter provided: And whereas by an Act passed in the First Year of the Reign of His late Majesty King George the Fourth, intituled An Act for erecting a Ballast Office, and for regulating Pilots IG.4. c. Hi. within the Port and Harbour of Cork, and for rendering more safe and commodious the said Port and Harbour for all Shijis and Vessels trading to and from the same, (in this Act referred to as "the Act of 1820,") the Commissioners for improving and preserving the Port, Harbour, and River of Cork (in this Act called *'the Harbour Commissioners") were constituted and authorized; and by the " Cork Harbom- Amendment Act, 1866," the Powers of 29 & soviet. the Harbour Commissioners were confirmed and extended: And C,CXXXI-whereas the Harbour Commissioners have expended and are expending large Sums of Money in deepening and improving the River Lee, and for that Purpose in the Removal of Alluvial Matter dredged from the Bed of the River (and herein-after called " dredged Stuff"), but for the increased and increasing Trade of the Port still further Improvements are required, and in the Prosecution of such "Works great Difficulty has been and is experienced and Cost incurred in obtaining Sites for the Deposit of dredged Stuff: And whereas a convenient Site for such Deposit would be rendered available by the Removal of the abandoned Portion of the Passage Railway, and in addition to anv Pavment made by the Harbour Commissioners for Permission to deposit dredged Stuff an increased and progressive Value would thereby be given to the Lands of the Corporation so utilized, and it is expedient that the Agreement in that Behalf between the Corporation and the Harbour Commissioners set forth in the Schedule (B.) hereto be confirmed and carried into effect as in this Act provided: And whereas it is expedient that Powers with respect to the abandoned Portion and to the Disposal and Management of the Park generally be conferred upon the Corporation: And whereas by " The Cork Improvement Act, 1852," (in this 15 & 16 Vict. Act called " the Act of 1852,") the Corporation were empowered to Cl cxliU-purchase the Undertaking (in the Act of 1852 called "the Pipe Water Trust"), and divers other Powers were by the Act of 1852 conferred upon the Corporation for the Improvement and good Government of £he Borough: And whereas by "The Cor k Municipal Corporation 16& 17 Vict. Act, c-x- 31 & 32 VICTORIA, C^.xxxiii. The Cork Improvement Act, 1868. Act, 1853," (in this Act called " the Act of 1853,") additional Provisions were made with regard to the Constitution and Regulation of the Corporation : And whereas hy " The Cork Bridges, Waterworks, and Improvement Act, 1856," (in this Act called " the Act of 1856,") certain Provisions of the Act of 1852 were repealed or altered, and the Corporation were enabled to remove and rebuild Bridges, to confirm Arrangements with the Pipe Water Trustees to extend and improve their Water Supply, to regulate Hackney Carriages, and to borrow Honey for these and other Purposes: And whereas the Corporation have provided a constant Supply of Water at high-pressure within the Borough, but great Waste and Misuse of Water now take place wdiich cannot under the Provisions of the said Acts of 1852,1853, and 1856 (in this Act called " the recited Acts ") be prevented, and it is expedient that Power should be conferred upon the Corporation to prevent such Waste and Misuse : And whereas it is expedient that the Corporation be empowered to improve their existing Waterworks, and to establish a Depreciation Fund, and for the Purposes of this and the recited Acts that the Limits of their Water Supply should be denned : And whereas the Corporation are or claim to be the Owners of a public Walk within the Borough and County of the City formerly known as the Bedhouse Walk, and now called the Mardyke Walk; and by an Act passed in the Twentieth Year of the Reign of His late Majesty King George III. the Trees planted upon that Walk, which it was thereby recited (Section 52) were not then vested in any Person, became vested in the Corporation; and it is expedient that Powers should be conferred upon the Corporation to maintain and preserve such Walk for the public Recreation and Enjoyment, and with that Object to prohibit Encroachments or Nuisances upon or to such Walk, and to make Regulations with regard to the Use of such Walk by the Public, and especially with Carriages and Horses, subject, however, to legal Rights (if any) now existing: And whereas the Corporation in like Manner are or claim to be the Owners of another public Walk known as the...

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