Dublin Harbour Act 1816
|Publication Date:||January 01, 1816|
(56 Geo. 3) C A P. LXII.
[20th June 1816]
'WHEREAS the Erection of an Asylum Harbour, or Place of Refuge for Ships and Vessels to the Eastward ofDunleary , within the Port of Dublin , will be of great Advantage as well to the Ships and Vessels trading to the said Port, as to the Ships and Vessels of His Majesty's Navy which may be in the Irish Channel; and will also be of great Utility to the Trade and Commerce between Great Britain and Ireland: And Whereas by virtue of an Act made in the Fifty fifth Year of His present Majesty's Reign intituled An Act to authorize the Appointment of Commissioners for erecting an Harbour for Ships to the Eastward ofDunleary,within the Port and Harbour of Dublin, certain Persons were appointed and authorized by the Lord Lieutenant for the time being to carry the said recited Act into Execution, as in the said Act mentioned: And Whereas it is expedient to provide for the Expence of making, improving and completing the said Harbour, and for the due Application of the same, and whatever Sums may be granted by Parliament, or advanced by His Majesty's Government for that Purpose, and for the making and executing the Roads, Quays and Works necessary for the Completion and Improvement of the said Harbour, and the other Charges and Expences attendant thereon;' May it therefore please Your Majesty that it may be enacted and be it 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 Authority of the same, That the several Persons heretofore appointed by the Lord LieutenantofIreland for the time being for the Purpose of carrying into Execution the hereinbefore recited Act of the Fifty-fifth Year of His present Majesty's Reign, and such other Person or Persons as shall or may, from time to time, be appointed or authorized by the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, shall be and they are hereby appointed Commissioners for the Purposes of this Act; provided always, that it shall be lawful for the Lord Lieutenant, or other Chief Governor or Governors of Ireland for the time being, to revoke the Appointment of any such Person or Persons to be so appointed, and from time to time to nominate and appoint such other Person or Persons to be a Commissioner or Commissioners, not exceeding Fifteen in Number, as such Lord Lieutenant or other Chief Governor or Governors of Ireland for the time being shall think fit.
II Commissioners to take and subscribe Oath.
II. Provided always, and be it further enacted, That the said Commissioners, and each of them, shall take and subscribe the Oath following, before he or they shall take upon himself or themselves the Execution of any of the Powers or Authorities hereby given, other than administering the said Oath:
'IA. B. do swear that I will, without Favour or Affection, Hatred or Malice, truly and impartially, according to the best of my Skill and Judgment, execute and perform all and every the Powers, Authorities and Duties of a Commissioner, reposed in me under and by virtue of an Act made in the Fifty sixth Year of the Reign of His Majesty King George the Third, intituled An Act for erecting an Harbour for Ships to the Eastward of Dunleary, within the Port of Dublin:'
Which Oath any One of the said Commissioners, or any Person named in any Appointment of Commissioners, is hereby authorized and required to administer at the first or any other Meeting, to be held by virtue of this Act.
III Commissioners may appoint Officers and make Contracts.
III. And be it further enacted, That it shall and may be lawful for the Commissioners for the Purposes of this Act for the time being, or any Three of them, from time to time to nominate and appoint such Secretary, Clerk and other Officers, and also from time to time to employ such Engineers and Surveyors, and such Labourers and Workmen, and at such Salaries and Wages as the said Commissioners shall think proper andexpedient for the better carrying into Executionthe Purposes of this Act: Provided nevertheless, that such Secretary, Clerks and Officers as already have been or shall be hereafter appointed, and each of them, shall take and subscribe the following Oath, before he or they shall take upon him or themselves the Execution of any of the Duties annexed to their said Office:
'IC. D. do swear that I will well and faithfully, without Fraud or Concealment, do, perform and execute the several Duties attached to the Office of [here name the Office,] to which I have been appointed by the Commissioners for erecting an Asylum Harbour at Dunleary , and that I will not accept or receive, directly or indirectly, any Monies, Fees, Perquisites or Profits, by way of Commission, Premium, Per Centage or otherwise, for or by reason of the said Office or any of the Duties annexed thereunto, or by reason of any Account, Contract or Payment made or to be made or in any way relating to the said Harbour, or any of the Materials or Works thereof, save such Payment and Compensation only as shall be paid or allowed to me by the said Commissioners:'
Which Oath any One of the said Commissioners is hereby authorized and required to administer; and if any such Secretary, Clerk or other Officer, shall be guilty of any Embezzlement, Concealment, Fraud or other matter, contrary to the true Intent and meaning of the said Oath, and be thereof convicted, he shall for the said Offence suffer the Pains and Penalties as for wilful and corrupt Perjury.
IV Commissioners may contract.
IV. And be it further enacted, That it shall and may be lawful for the said Commissioners, and they are hereby authorized and empowered to contract and agree with any fit and proper Person or Persons, Artificers, Workmen and others for the making, doing and repairing of all or any of the Quays, Piers, Walls, Erections, Roads and Works by this Act authorized, or directed to be done and performed, or any Part thereof, or for supplying any of the Materials for the same, which Contract shall be signed by the Person or Persons contracting or agreeing to perform such Works respectively, and also by Three or more of the said Commissioners, or by the Secretary to the said Commissioners, authorized by the said Commissioners or any Three of them for that Purpose, and that all Contracts which shall have been made or entered into, and all Nominations and Appointments of Engineers, Clerks, Secretary and other Officers, which shall have been made at any Time before the passing of this Act, by or on behalf or under the Authority of the Commissioners nominated and appointed in pursuance of the said recited Act of the Fifty fifth Year, shall be and the same are hereby declared good, valid and effectual to all Intents and Purposes, and shall be carried into effect, and have effect in like manner, as Contracts, Nominations and Appointments made or to be made under the Authority of this Act.
V Commissioners may bring and defend Actions in the Name of their Secretary.
V. And be it further enacted, That the said Commissioners may sue and be sued in the Name of their Secretary for the time being, by the Style and Title of Secretary to the Commissioners forDunleary Harbour and that all Actions, Suits, Prosecutions, Informations, Appeals and other Proceedings whatsoever, that may be necessary or expedient to be brought for the Recovery of any Penalty or Sum of Money due or payable by virtue of this Act, to be had, taken, prosecuted or defended by or against the said Commissioners shall be had, taken or prosecuted in the Name of their Secretary, and that no Action, Suit, Prosecution, Information, Appeal or other Proceedings to be had, taken, prosecuted or defended by or against the said Commissioners in the Nameof their Secretary, shall abate or be discontinued by the Death, Suspension or Removal of such Secretary, or by any Act or Default of such Secretary, done or suffered without the Consent or Direction of the said Commissioners, but that the Secretary for the Time being shall be always deemed the Plaintiff, Prosecutor, Informant, Appellant, Defendant or Respondent in any such Action, Suit, Prosecution, Information, Appeal or other Proceedings, (as the case may be,) except in such Action or Actions, Suit or Suits, as shall be prosecuted between the said Commissioners and their Secretary for the time being, in which Action or Suitany One of he said Commissioners shall or may be Plaintiff or Defendant (as the case may be): Provided always, that every such Secretary, in whose Name any such Action, Suit, Prosecution, Information, Appeal or other Proceeding shall be had, taken, prosecuted or defended in pursuance of this or the said recited Act, shall be fully reimbursed, and paid out of the Monies applicable to the Purposes of this Act, all such Costs, Charges, Damages and Expences as by the Events, or in consequence of any such Action, Suit, Prosecution, Information, Appeal or other Proceedings, he or they shall pay, bear, expend, or be put unto, or become chargeable with or liable for, or be fairly entitled to, by reason of his or their being so made Plaintiff or Plaintiffs, Defendant or Defendants, Informant or Informants, Appellant or Appellants, Respondent or Respondents as aforesaid, unless such Action or Suit shall arise in consequence of his own wilful Neglect or Default, or have been brought or commenced, or be defended without the Order of the said Commissioners.
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