Londonderry Water Supply, Harbour and Court of Requests Act 1808
| Jurisdiction | UK Non-devolved |
| Citation | 1808 c. cxxxvi |
ANNO QUADRAGESIMO OCTAYO
GEORGII III. REGIS
•***-********^i^********************#**********************
Cap.
136.
An,-
Act to amend Two A£s, fo far as relate to fupply-
ing the City of Londonderry with Water, improving
the Harbour of the faid City, and the Regulation of
Pilots and Veffels ufing the fame j and for extending
the Jurifdi&ion of the Court held in the faid City
for the Recovery of Small Debts.
[23d June 1808.]
¥
HERE AS by an A£t made in the Parliament of
Ireland,
in the
Thirtieth Year of His prefent Majcity's Reign, intituled, An AU \*%*£'l
for
building
a
Bridge over the
River Loughfoy
lc
at the
City
of Lon-
donderry and the Suburbs thereof and for
certain Regulations
relative to faid
CUy\ and aifo by another A£t made in the Parliament of
Ireland,
in the
Fortieth Year of His prefent Majefty's Reign, intituled* An A£l for
amend-
40
G.3,
c.
+u
ing an Aft pajfed in the Thirtieth Tear of His M&jejlfs Reign, intituled\
•* An Aft for building a Bridge over the River Louijhfoyle at the City of
*•
Londonderry and
the
Suburbs thereof and for certain Regulations relative
* to faid City* certain Provifions were made for fupplying the Inhabitants
of
the
laid Cicy with Water: And whereas ihe faid Provifions have beenfound
inefficient; and the Mayor, Community, and Citizens of the faid City have
tiectffUily expended theSum of Eight thoufandPoundstnconftru&ingRefer-
[JLoc.
%f Per.j ^9
M
voir$
2622 48°GEOROIl III. Cap. 136.
voirsandBafons, artdinlayingCaftMetalMainsandWoodenPipesforthemore
effe&ually fupplying of,Water for the.Ufe of the faid Inhabitants; and it
is expedient that the Payment of Intefeft for the faid Sfrp*'of Eight thou-
fand Pounds, and alfo the future Expert ces attending the Applying of Water
tothe Inhabitants IhouId be nfor« effectually provided fort And whereas
the "Pow&rs and Provifions of fo much of the faid A&s $s rtiate to the
Port, River, and Harbour of Londonderry, and tfie Tleg Watioh of* Pilots
navigating and ufing the fame, a^re defe&ive, and require to fo& altered
and amended: May it therefore pleafe Your Mafeffcy that it may be
enafted \ and be it enafted by the King's moft Excellent Majefty,
by and with the Advice and Confent of the Lords Spiritual and Tem-
poral, and Commons, in this prefent Parliament affembled, and by the
Inhabitants of -Authority ofthe fame, Thatvon fomeDay in the Year One thoufand eight
wlrdTin th llun^rec^ anci'eighT/betweert
th
Firft Day oWSlohr and the Twenty-fifth
City fhaii Day of the fame Month, and fo in every fubfequent Year within the like
£n,nJa% eleft Period, the Inhabitants of the Four Wards or Divifions of the faid City of
hers of
Pipe
Londonderry and the Suburbs
thereof,
called by the Names following^
Water Com- to Wit,
Bijhop-Stneet
Ward,
Ship Quay-Strut
Whrd%
BuPcher^trte^Ward%
mittee ^ py^ ^ay.sire€iWard, l a&?mble4n Veftry., and IhaM ek® Kouf
Inhabitants, one out of each of the faid Wards, to be Members of the
Pipe Water Committee herein-after mentioned, and the Names of luch
Four Inhabitants fo elefted fhall by the Veftry Clerk of the Pariih of
Temp/more, or by the P?rfon who fhall prefid^ at fuch Eledion, be
transmitted and returned to the Mayor of the faid City for the Time being,
on or before the Thirty-firft Day of fuch Month of
Qftober
in .each and
every Year.
on
*d
No-
H. And be it further enafled, That the Mayor, Community, and Cfci-
vember 1808, zejis of the (aid City of
Londonderry
in Common Goqncil affemhled* (ball,
Dat'annuSy, ofi.the Second Day of November One thaufand eight hundred ^aridefght,
the
Corpora- and on the Second Day of.November in each and every fubfequent Year,
polnt^Four13" (or ,n ^c the Second Day of ^ovemper fhall he on a Sunday
>then
on th-c
members, following Day) ele£t and appoint Fpur Members of the laid Common
who with^the
C?Iouncil refident in the faid City bf Londonderry
>
or the Liberties
thereof,
by the Wards which faid Four Perfons,.together with the Four Perfons ele£ied by the
?"dthe Inhabitants of the faid Wards in Manner afore(aid,,(whofe Names flia[] by
hcl°?\^
the faid Mayor be- laid before the faid Common Council), and together
Water
Com*
witlrthe Mayor of the faid City for the Time being fhali be and be called
The Pipe Water
Committee
for the City of
Londonderry
\ and the faid Com-
mittee, or any Five or more of them, fhall, during th£ Yt&t c^nHnencing
on the faid Day refpe&ively, have full Power to^carry into flxec|rtic?n J]l the
Powers,and Provifions of the faid recited Acfs of theThirtieth and Mbrtieth
Years of His Majefty*$ Reign, fo far as the fame relate tp' fuppiyin^
the Inhabitants of the faid City with Water; and .alio to carry into
Execution all the Powers and Provifions of this prefent A£l relating thereto
in Manner herein-after mentioned ; and that fuch Pipe-Water Conimitteej,
or any Five of them, fhall have, ufe, and exercife all fuch Powers and Au-
thorities, for the carrying into Execution the faid Provifions of the faid
recited A&s and this Act, as fully and effe&ually, to all Intents .and Pur*
pofes^
as the faid Mayor, Community, and Citizens might have had* ufedf
or excrcifediacafe this Aft had not been had or made.
*9 III. And
mittee.
486
GEORGII HI.
Cap.
136. 2623
lit And/be it farther ena&rdV'Th&t every Member of the faid Pipe W^ter oath to
be
Committee fhall, before aftingWa Member of the faid,Committee in the Membmot
Execution *of this .Aft, take and fubfcrife an Oath or Affirmation (which the com.
Oath
nr /^ **' Kyr«~;/^„..^ *C th^J
fJ*VA
P;>V» it k^rf»hw **>mnntft/Vrpri miiteet
to adminil
vefted in him by „ ._
— -
-- - - • *, ^
and any Member of the faid Pipe Water Committee who (hall ace in the
Execution of tht$ Act without taking and fubferibing -fuch Oath or
Affirmation as afdrefold, fhall ibf every Offence forfeit the Sum of Twenty
Pounds Sterling.
IV. Provided
al
w
Ays,
and be it enaft^d, -iThat in cafe it fhallat any ifanmni
Tifffe happen that the Eledidn or Appointment of the federal Members ^fomer
of thefaid Pipe Water Committee, or any of them, (hall not take place
Members
ma^
in any Year at the Time, and in Manner herein-before refDeftively men- ^tnt,|"te *°
tioned, it fhall and may be .lawful for any Member or Members of the
*
Committee who Ihall have been dulyeleftedand appointed, and who fiiall
be afting as a Member or Members of t?he faid Pipe Water Committee at
the Time when fuch Election or Appointment ought to take place, to con-
tinue to aft as fuch Member or Members without any'further or other
£leftiori whatever for the then fucceeding 1fear, as if fuch Member of
Members had-be6n detted to iht faid Office for fuch Year under the Pre-
vifibns of this Aftj and thit in cafe any Vacancy fhall happen in fuch
Committee in the Courfeof any Year by the Death of any Member or
Members fo eledied, an Ele&ioh of a Member or Members td fill fuch Va-
cancy fhali be niade within One Month j and the furvrving''Members of
the faid Committee,
not*
being left than Five in dumber. fhali be compe-
tent to aft until fuch Vacancy fhail tie futfolkd*
V.. And be it further enabled, That the faid Pipe Water'Committee Meetings of
fhall hold their Firft Meeting in every Year on fome Day between the theCommittw
Second Day of
November
and the Firlt'Day of
December.
VI.
Arid be it further enafted, That it fhall be lawful for the faid Com- Afcertaming
mittee, and they ark hereby required, authorized, and empowered veaily ^ountg^
• ' • r\ k c 1 ^-11 i_ , • • c 1 t • 1 rJ r 1 #n- : • J Money to be
-upon trie Oath of the Chamberlain of the faid City for the Time being, raifed.
and upon the Oath or Oaths of fuch other Perfon or Pcrfons as they the
faid Committees fhall for that Purpofe think fit .to fummon before them
:^which Oaths the faid Mayor or any Magitfrate of the faid City is hereby
authorized and empowered to ztdminifter) to enquire into and to afcertain
the Amount of all fuch §um and Sums of Money as fhall be neceffary td
be raifed for the Payment of One Year's Intercfti after the Rate of Six
Pounds per
Centum^
upon the faid Sum of Eight thoufand Pounds fo expend-
ed in makirig the laid Refer
voirs,
Bafons, Pipes, and other Works; and for
Payment
©f
theExpences which fhall have been incurred during the pre-
ceding Year in keeping thefaid Refervoirs, Bafons^ Pipes, and other Works,
in repair,; and for paying fitand proper Perfons for fuperintending, manag-
ing, and taking care of
the
fame; and in attending to the Diftribution of the
Wafer* and in doing other Matters and Things reguifite and neceflary for
thexiue And regular Supply of the faid*Water to the Inhabitants of the faid
City.
2624-
4«°GEORGII III. C0/.T36.
^£oi*jtnwnt
City ; and afcer the Amount of fuch Sum and Sums fliall be fo afeer-
touppiotami gained, it (hall be lawful for the faid Commitcee to nominate and
levy the Sum appoint Three Inhabitants ofeachof the faid Four Wards or Divifions of
•o°r1uch plrV *he ^a*^ City and Suburbs, to he Applotters of the faid Sum and Sums of
tf-cicofasthe Money upon the Inhabitants of the faid City and Suburbs, in Manner
Sa^hhfkfit. herein-after mentioned
v
and the Mayor of the faid City for the Time being
fhall and he is hereby empowered, hy Warrant or Warrants under his Hand
and Seal, to authorize and require the Applotters fo appointed to applotland
levy in Manner required by this Act, all fuch Sum and Sums as-fhail.be
fo afcertained, or to appiot and levy fo much and fuch Part only of
the faid Sum or Sums as the laid Committee may from'Time to Time
judge to be expedient and neceffary to be raifed and levied, and as the
laid Committee ftiali dire& to be applotted and levied for the Purppfes
aforefaid.
A lottcs ^^* ^nc^ -e ]t ^urt^er enafted, That the faid Applotters or any Five or
fhall value all more of them, fhall and may, and they are hereby required, within Ten
4he Houfc^ Days next after fuch their Appointment, to proceed to value and efti-
city, and fhall mate the Yearly Value of the leveral Lands, Dwelling Houfes, Ouc-
p.pp'ot the houfes. Offices, Cellars, Stables, ar>d Yards,, within the faid City and
xaifeMonall Suburbs, together with fuch new Houfes, Outhoufes, aM Premifes as
Houfes worth fhall be from Time to Time hereafter builu ere&ed, or eftabtifhed within
!bovc.m
the faid City of
Londonderry
j and to appiot the Money to be raifed and
paid lor the Purpofes aforefaid, according to the Diredions of the faid
Committee, upon the feveral Inhabitants and Occupiers of all fuch Land,
Dwelling Houfes, Outhouiesy Offices, and Premifes, as they fhall value at
the Annual Re;nc of Pi ve Pounds or upwards by a proportionable Pound-
age,
or otherwife according to the Value at which fuch Houfes and other
Premifes fhall be valued, fpecifying in fuch Applotment the Names of
the different Perfons inhabiting or poffeflkg the fame, who are to be liable
to,pay the fame*
Rates.
VIII. Provided always, and be it further ena&ed, That the annual Sums
to be affeffed on or paid by the refpe&ive Occupiers of any Premifes, lhall
in no Cafe exceed the Sums and Rates following j that is to fay,
If fuchPremife$ are of the Value of Sixty Pounds or upwards, the Sum
of Five Pounds:
If of the Value of Fifty Pounds and under Sixty Pounds, the Sum of
Four Pounds:
If of the Value of Forty Pounds and under Fifty Pounds, the Sum of
ThreetPounds;
if of the Value of Thirty Pounds and under Forty Pounds, the Sum of
Two Pounds:
If of the Value of Twenty Pounds and under Thirty Pounds, the Suto
of One Pound Ten ShiUings:
And if of the Value of Five Pounds and under Twenty Pounds, a Sun>
not exceeding the Sum of One Shilling in the Pound :
Unlefs by and with the Confent of the Perfon on whom fuch Sum fhall be
afleffed i and except in theCafe of Innkeepers, Brewers, and other Perfons
requiring an extraordinary Supply cf Water, and who fliall pay fuch
Sums as lhall be agreed on between them and the faid Committee.
IX. And
48°GEORGII III. Cap. i$6. 2625
IX. And be it further enafted, That each of the faid, Applotters (hall pre- Oath
<*
Ap-
vious to his afting as an Applotter, take and fubfcribe an Oath (or fblemn p'°
Affirmation if of the People called Quakers) before the Mayor of the faid
City for the Time beingv that he Will, according to the beft of his Skill,
Abilities, and Knowledge;, faithfully and impartially, without Favour or
Affrftion, Malice or Jllwdl, to any Perfon or Perforis whatfoevcr, applet
the find Sums to be applotted as aforefaid ; and if any of the Applotters
Lr
any
of the
to be-appointed purfuant co this Aft (ball negleft, omit, or refufe Apploitcr*
to take fuch Oath or Affirmation., or (hall happen to die before the Ka^woceed"
faid Applotrers, or any Five or more of them, (hall have made the afore-
faid Applotments, fuch Neglect, Refufal, Omiffion, or Deathj fhall not
inva'idate the Applotments made or to be made by the other of the,faid
Applotters, or any Five or more of them ; but in every fuch Cafe, not-
withftanding fuch Negleft, Omiffion, Refufal, or Death, the Applotments
made or to be made by the others of the faid Applotters, or any Five
or more of them, (ball be good and valid ; and all the faid Applotments Applotments
in Ten Days after the fame (hall be fo made, fhall be returned to the fll
M *>e
re-
Mayor of the faid City of
Londonderry
for the Time being, in Writing, ^ur/0 the
tigned by the Applotters
thereof,
or any Five or more of them, and if
any Perfon who fhall be appointed an Applotter purfuant to this Aft (hall
negleft, omit, or refufe to take upon him the'faid Office, or undertaking Penalty on
the lame, (hall neglect or omit the Execution
thereof,
or any Pare
thereof,
^j^618
f°*
or ihall negleft, omir, or refufe to return the Applotments to be made by
him or them as aforefaid, in fuch Manner, and within fuch Time as
herein-before is mentioned, or Ihall without reafonable Caufe negleft or
omit for the Space of Forty eight Hours after being fummoned
thereto in Writing, figned by the Mayor of the faid City ot
Londonderry^
to appear before the faid Mayor and to take the Oath or Affirmation herein-
before mentioned, or Ihall neglect or omir, for Twenty Days after the Ma-
jpr'uy of the Applotters, appointed purfuant to this Aft* (hall have taken
the Oath or Affirmation, to make the aforefaid Applotments purfuant to
this Aft, then and in every fuch Cafe, every Perfon fo offending fhall forfeit
to theTaid Mayor, Community, and Citizens the Sum.of Twenty Pounds
Sterling; and if it fhall happen that no fuch Applotments as herein-before
required fliall be made by the aforefaid Applotters, or any Five or more
of them, within One Calendar Month after the faid Applotters fliall havfe
been apppinted purfuant to this Aft, then and in fuchCale, each and every
of thejaid Applotters fliall, from theEndof the faid Month, forfeit to the:
.faid Mayor, Community, and Citizens, the further Sum of Forty Shillings
for every Day after the Expiration of the faid Calendar- fVfynth, until
the laid Applotments fliall be made, and returned to the Mayor of the
faid City, according to the Direftions of this Aft,
X* And be it further enafted, That it (hall be lawful for the faid Corporation
Committee from Time to Time by Warrant under the Hand and Seal ccnectoMo1
of the Mayor of the faid City for the Time being, which Warrant 'the levy sum ap*
faid iVbyor is hereby authorized and required to grant, to nominate, con- p^tcc^? w^l,c&
ftitute, and appoint (uch Perfon or Perfons as the (aid Committee (hall veredbyDib
think fit 10 be a Colleftor or Colleftors, and to colieft and receive the
trel^e*c*
feveral Sums to be made payable by the'Applotments before-mentioned,
who (hail give Security to the Satisfaftion of the faid Committee for the
[Loc*
& Pen] 29
AT
due
26*6 4«°GEORGlI III/ Cap. 136.
due and faithful Execution of his Office ; and that fuch Colledor or Col-
lectors fhall accordingly colled and receive half-yearly the ftvcral Sums
to be made payable by the faid Applotments of aod from all Perfons liable
to pay the fame; and all Perfons who {hall b£ charged therewiih and fliall
be thereunto liable fhall pay fuch Sum fo applotted on them as aforefaid,
by Two Half-yearly Payments
t,
and if any Perfon ihall neglect o* refufe
to pay the Sum or Sums applotted upon them refpe&ively by virtue of
this A& for Twtenty^one Days after perfonal Demand thereof by any Col-
lector or Perfon appoiated to receive the fame, or after Demand in Writing
left by fuch Colle&or or Perfon at the Place of Abode or the Place in the
Occupation of the Perfon fo liable to ,pay fuch Sum or Sums, it (hall be
lawful tor the laid'Collector or Perfon fo appointed, in the Prefence and
with the Affiitance of a Conftable or Peace Officer to enter into the
Houfe or Houfes, Yari, Ground, or Premifes, within the faid City,
occupied by fuch Perfon or Perfons fo chargeable with fuch Sum or Sums
of Money, and to diftrain his, her, and their Goods and Chattels; and
if fuch Sum pr Sums, together with the Cofts of fuch Diftreis, and of
keeping ihe fame, fhall not be paid within Ten Days afcer fuch Diftrels
taken, then to fell fo much and fuch Part of fuch Diftrefs as (hall be
fufficient to pay the faid Sum or Sums, with all Cofts attending fuch
Diftrels, Detention, and Sale; returning the Overplus, if any, to the
Owner or Owners of iuch Goods and Chattels fo diftrained and fold ; and
in cafe any Replevin (hall be brought for the Goods and Chattels fo
diftrained, the Mayor of the faid City "for the Time bring (hall and he is
hereby empowered and required to iffue a Summons in Writing to all
Parties concerned, to hear and determine the Matter in Difpuce, whether
the fame fhall depend upon a Claim of Property by a Stranger or other-
wife,
in the moil fpeedy and fummary Way, by examining Parties and
Witneffes on Oath, which he is hereby empowered to do, and to award
Return of the Goods fo diftrained, or a Sale thereof for Payment of the
faid Sum or Sums applotted on the faid Perfon or Perfons,
unlef-
fuch
Difbefs be forthwith redeemed ; and the Determination of the (aid Mayor
fhall be final and concluiive to all Parties,
Householders ^' Anc* ^e xt
fl,rrhcr'
ena&ed, That no Tenant, Occupier, or Owner
to
lay pipes
of any Dwelling Houfe or Premifes in the faid City of
Londonderry',
or
froinMaio the Suburbs
thereof,
lhall be liable to or (hall pay any Rent or Sum
*m&l&pence« applotted under the faid recited Ad: of the Fortieth Year of His prefent
Majefty's Reign, for fupplying Water, unlefs a Main Pipe fhall have been
laid in the Street, Quay, Lane, or Paflage, in or near to which fuch Dwel-
ling-Houfes or Premifes is or are fituated, and that fuch Tenant, Oc-
cupier, or Owner can or may be fupplied with Water from fuch Pipe,
if he, (he, or they* fhall thinkfit; fuch Tenant, Occupier, or Owner never*
thelefs to provide and lay down at his, her, or their own Expence, a
Pipe to convey fuch Water from the faid Main Pipe to fuch Dwelling
Houfe and Premifes, and the Bore or Dimenfion of fuch Pipe not #o
exceed One Inch and an Half Diameter, tmlefs fuch Tenant, Occupier, or
Owner fhall have agreed to pay for an extra Supply of Water*
*ro
prevent XII. And, to prevent as much as poifible the wilful and negligent Wafte
Waiteaf 0f Water, be it further enafted, That each and every Perfon fupplied
w*ter* with
ing the Wa-
ter,
48°GEORGII III,
Gap.
136. 2627
with
Water;
under the faid recited A& and this A& fhall, and he, fhe, and
they is and are hereby required to provide a proper Ciftern or Citterns,
of Lead, Stone, Brick, Wood, or other Materials, to receive and hold fuch
Quantity of Water as (hall be by him or them deemed fufficient for his, Her,
or their Confumption, and he, (he, and they is and are hereby required to
provide a Ball aftd Stop Cock, and to affix or caufe to be affixed the fame to
the.
Pipe conducing the Water from the Main or Service Pipe, to fuch
Ciftern or Cifterns for the Purpofe of preventing the Water running into
fuch Ciftern or Cifterns from running to wafte when the fame (hall be full;
and in cafe any Perfon or Perfons fo.fupplied with Water ihall neglefl: to
provide fuch Ciftern or Cifterns, and alfo a Ball and Stop Cock, and to affix
or caufe to be affixed the fame in Manner aforefoid, for the Purpofe of
preventing the Water from running to wafte when fuch Cittern-or
Cifterns ihall be filled as aforefaid; it ihall and may be lawful to and for
the Mayor of the faid City, or any Perfon or Perfons a&ing by virtue of
or under his Authority, io cut and turn off the Water, by fuch Wajs
and Means as to him or them fhall feem right and proper, from the Houfe9
Building, or other Premifes of every fuch Perfon, until fuch Ciftern or
Cifterns and Ball and Stop Cock Ihall be provided, arid fuch Ball or
Stop Cock added in Manner aforefaid,
XULAndbe it further enafted, That if anyPerfon Ihall bathe in anyRefer* por prevent-
voir, Bafon,
*Aquedu£fc,
Waterway, Feeder, or Pond, made, maintained, ing the^u-ty-
or fupportedfor the Purpofe of fupplying Water to the faid Inhabitants, ~~~
or (hall wafh any Dog or other Animal therein, or throw or caft any Dog
or Cat, or any Filth, Dirt, or other noifome or offenfive Thing, or wafh
or cleanfe any Cloth or any Wool or Leather, or Skins of
Sheep,
Lambs,
or other Animals, or anv noifome or offenfive Thing, in any fuch Refer-
voir, Bafon, AqueduQ:, Waterway, Feeder, or Pond, or caufe or fuffer the
Water of any Sink, Sewer, or Drain, to run or be conveyed into fuch
Refervoir, Bafon, Aqueduct, Waterway, Feeder or Pond, or caufe any
other Annoyance to be done to the Water contained m any fuch Refer-
voir, Bafon, Aqueduft, Waterway, Feeder or Porid, whereby or by Means
whereof the faid Water or any Pare thereof (hall or may be foiled, fouled,
or corrupted, or (hall do any wilful Hurt, Injury, or Damage to any of
the Pipes, Mains, or other Works, ere&ed or ufed for thePurpofes afore*
faid, then and in each and every fuch Cafe every, fuch Perfon fo offending
(hall forfeit and pay for. every fuch Offence any Sum not exceeding Ten
Pounds.
XIV* And whereas the Trade of the City of
Londonderry
has confides On adtfo-
ably increased, and it is become neecflfary. to make further ProvifiohcS for an^the^nfe
the Regulation of
Pilots,
and of the Shipping and Veffels, and the Matters, Day annually,
Owners, and Crews
thereof,
referring to or arriving or plying within the ^iS,?^0^
Lough, River, Port, or Harbour- ot
Loughfoyle %
be it therefore enatfed,
point
SeveT
That the faid Mayor, Community, and Citizens m Common Council ^o^vi^Hth
affcmbled, (hall on the Second Day of November One thoufand eight Member/for
hundred and,eight, and on the Second Day of
November
in each arid every (the
^Y
snd
fubfequent Year, (or in cafe, the Second Day of
November
in any Year the Sector
Ihall beon a
Sunday*,
then on the following Day) ekft and appoint Seven oftheCuttonis,
Wholdate Merchants refident in the faid City of
Londonderry^
which faid Ba»aft*office
Seven Committee
Cftttt ta be
taken by-
Members of
the Com-
mittee.
2628 48*GEORGII III. Cfcp.136.
Seven Merchant?, together with the Members of Parliament for the City
of
Londonderry-,
and for the County of
Londonderry^
for the Time being,
and the Colle&or of the Cuftoifts of the faid City for the Time being,
fhatt be and be called The Ballaji
Office Committee
for
the Lough and
River*
Port and Harbour of
Lougbfoyle
; and the faid Committee, or any Five
or more of them, ihall, during the Year commencing on the faid Day
rdpe&ively, have full Power to carry into Execution all the Powers and
Provisions of the (aid recited Aft of the fortieth Year of His Ma-
jefty's Reign, fo far as
the*
fame relates to Pilots,, and alfo to carry into-
Execution all the Powers and Provifions- of this prefent A£fc relating to
Pilots,
Navigation, Shipping, and Veflels, and the Matters, Crews, and
Owners
thereof,
in Manner herein-after mentioned.
XV. And be it further ena&ed,. That every Member of the faid Ballafl
Office Committee (hall before a&ing as a Member of the faid Committee
in the Execution of this A£t, take and fubferibe an Oath or Affirmation
before the Mayor or the Recorder of the faid City, (which Oath or
Affirmation any Magiftrate of the City of Londonderry is hereby em-
powered to adminiftcr) in the Words following; that is to fay,
* T A. B. do fwear, That I will diligently, faithfully, and impartially
* execute the Powers veiled in me by an A6t made in the Forty-eighth
« Year of the Reign of His prefent Majefty, intituled, An A3 [Here infert
c the Title of
this
A$\ to the beft of my Skill and Judgement :*
And any Member of the faid Ballafl: Office Committee who fhall a& in
the Execution of this A& without taking and fubferibing fuch Oath or
Affirmation as aforefaid, /hall for every Offence forfeit the Sum of
Twenty Pounds Sterling..
XVI. Provided always, and be it enaded, That in cafe it fhall at any
Election not Time happen that the Election or Appointment of SevenMerchants by the
- k^ Mayor, Community, and Citizens {hall not take place in any Year on
the Day and in Manner herein-before mentioned, it Ihall and may be lawful
for the Merchants who fhall have been duly elected and appointed, and who
fhall be a&ing as Members of the faid Bai!aft-Office Committee at the
Time when fuch Election or Appointment ought to take place, to con-
tinue to act as fuch Members, together with the other Members of the
faid Committee, without any further or other Election whatever, for the
then fucceeding Year, as if they had been eiectpcTtotbe faid Office for fuch
Year under the Provifions of this Act; and that in cafe any Vacancy
fhall happen in luch Committee in the courie of any Year, by the
Death of any Member or Members fo elected, an Election of a Member
or Members to fill fuch Vacancy fhall be made within One Month ^ and
the furviving Members of the faid Committee, not being lefs than
Five in Number> fhall be competent to act until fuch Vacancy Ihall be
fupplied.
If annitaf
tftadc former
Members may
continue to
act*
XVII. And be it further enabled, That the faid Ballaft-Office Committee
ihall appoint fhall hold their Firfl; Meeting in every Year on fome Day between the
Pilot Matter Second Day of November and ther Fift Day of
December,
and fhall ac#fuch
Firfl Meeting appoint a Pilot-Mafter fot the Year enfuing, who fhall alfo
5 be
Committee
|nd Secretary
Echo ihall
ri&t tfoit
48°GEORGII III.. 6^.136. 2r629
be and a& as Secretary to the faid Committee, and (hall be removable tit Harbour, &c
their Pleafure
}
and fuch Pilot-Mafter and Secretary (hall receive from the ^e coni^' *
faid Committee* an Annual Salary3 riot exceeding the Sum of Fifty mittee.
Pounds, out of the additional Tonnage Duties payable undfer this A6t,
and fhall giveSecurity to the Satisfaction of the faid Committee for the faith-
ful Difcharge of his Duty under this Aft; and the faid Pilot-Matter Ihall
from Time to Time vifit and infpeft the laid Lough and River, Port and
Harhour^and Ihall, whenever thereto required by the faid Committee, make
a Report in Writing to the laid Committee upon the State of the fame, and
of all Matters and Things relating to the Pilotage and Navigation thereof
and on all other Matters and Things on which he (hall be dire&ed by
the faid Committee to make any Enquiry or Report, from Time to
Time* as to the faid Committee (hall feem fitting and expedient.
XVIIL And be it further ena&ed, That from and after the Firft Day of vdfels
natf-
Decembir
One thoufand eight hundred and eight, the Owner or Owners foyleSmaii8b6
of ev^ty Smack, Lighter, Gabbard, Barge,, Wherry, Float, Cot, Boat, annasdly
or other Veffel whatever, which (hall be ufed or employed, or (hall ply \Q^^mn£ot
for hire within the Lough or River, Port or Harbour of
Loughfoyk^
for the exceeding
%h
Purpofe of loading or unloading of any Ship or Veffel being within the
faid Lough.* River, Port, and Harbour, or for the Conveyance of any
Goods, Wares, or Merchandise or Paffengers from one Part of the faid
Lough, River, Fort, or Harbour, to another, Ihall from Time to Time
pay to the faid Ballad Office Committee an Annual Sum not exceeding
in any Cafe the Sum of Two Pounds for a Licence for each fuch Smack,
Lighter, Gabbard, Barge, Wherry, Floar, Cot, Boar, or other Veffel,
according to fuch Bye Laws, Rules^ and Regulations, and fubjeft to
fuch Penalties^ as the faid Committee Ihall make, diredt, and order accord-
ing to the Provifions of this A£t: Provided always, that all fuch Licences
(hall frpm Time to Time be annually granted under the Hand and Seal
of the Mayor of the laid City of
Londonderry,
on a Certificate from the
faid Committee, or their Secretary, that the Licence Duty made payable
by virtue of this A& has been duly paid and fatisfied*
XIX, And be it further enabled, That the faid Ballad Office Committee ,< corpora*ion
or any Five or more of them, fhall from Time to Time have full Power and Lwfto're^t
Authority, and they are hereby authorized, empowered, and required to
late the
Navi*
make Rules, Bye Laws, and Orders for the cleanfing and improving of gatibn,Sar^
the faid Lough and River, Port and Harbour of
Loughfoyle^
and for the etc"' l° *
fixing and placing of proper Buoys and Marks therein,; and for the
ufing of any Docks connected'therewith, under the Dire&ion of the faid
Ballad Office Committee, and for the good and orderly tiling of the
Navigation of the faid River
Lougbfoyle,
and for regulating the Manner of
fupplying, lifting, receiving, taking in and throwing out of Ballad, and
the Rates and Prices
thereof,
and all Matters and Things relating thereto,
and for the licenfing and regiftering of all fuch Boats", Barges, Lighters
and other Veffels, which ihall be employed, and for the well-governing
of the Boatrfien and Bargemen, Lightermen, Watermen, Seamen, and
others, by whom fuch Boats, Barges, Lighters, Smacks, Gabbards, Wher-
ries,
Floats, Cots, and other Vcffels fhall be employed, in conveying or
carrying Goods, Wares, Commodities, Merchandize, or Things, upon
[Loc. &? Per J] 29 0 any
263Q 4S°GE0RGII III.
Cap*
1
$6.
any Part of the find River or Lough ; and for the afcertairing,.ordering^:
and regulating the feveral Rates, Fares and Prices, to be paid for the
Freight, Ufe, Hire, or Employment of fueh Boats* Barges, Lighters,
Smacks, Gabbards, Wherries, FloatSj Cots, and Veflfels, and of the
Watermen, Lightermen, Matters and Owners
thereof,
and other Per-
fons concerned in the Navigation
thereof,
or for the Ufe of any
fuch Docks as aforefaid and for the afcertaining and regulating
the Rates of Pilotage upon and within the faid Losgh and River,
Port and Harbour,, and for the Licencing, Management, and Govern-
ment of Pilots there, who (hall be appointed in purfunnce of this
Aft, and in all Matters and Things relating to Pilotage upon fhe
faid Lough and River y and to impofe and inflift fuch reasonable Fines
and Forfeitures upon allPerfons offending againft fuch Rules, Bye Laws*
and Orders, or any of them, as to the faid Bailaft Office Committee fhali
feem meet, not exceeding the Sum of Twentv Pounds on any one Per.
fon for any one Offence; which faid Rules, Bye Laws, and Orders,
being put into Writing and figned by any Five of the faid Ballad Office
Committee and theirSecretary, {hall be binding on, and fhall be obferved by
all Ferfons, and (hall be Sufficient in any Court of Law or Equity to
juftify all Perfons who> (ball act under the fame: Provided always, that
no fuch Rules, Bye Laws, and Orders, or any Alteration
thereof,
be re-
pugnant to any Law or Statute of that Part of the United Kingdom called
Irelatid^
or any Thing in this Act contained
5
and all fuch Rules, Bye
Laws,
and Orders, and any Alteration thereof*.-(hall be fubject to Appeal
in Manner kerein-afcer mentioned*
BveLiws etc -^* ^nd be it further enafted, That all Rules, Bye Laws, Orders, and
t/be ent^ed' Proceedings of the laid Bailaft Office Committee, in the Execution of
«ii a
Book.
thj$
^Q.^
^al| be
fair|y
entcrecj in a |j0uk or Books to be kept for that
Purpofej and fuch Rules, Bye Laws, Order?, and Proceedings, when
entered, (hall be figned by Five of the faid Committee and their Secre-
tary, who atf hereby required to fet their Names thereto; and the faid
Rules,
Bye Laws, Orders, and Proceedings, fo to be entered, figned, and
authenticated, (hall and may be produced and read in Evidence in all Cafes
of Appeals, Suits, Aftions^ or other Proceedings, touching any Thing
done in purfuance of this Aft*
Copies
of B^e- -^*# ^nc* ^£ J#t further enafted, That Copies of all fuch Bye Laws,
Laws
to
be
Rules, Orders,, and Regulations as (hall be fo made as aforefaid, (hall be
r"itg UpHin f wr'tten-> Panted or pain'ed in large Characters, with the Name of the
' Secretary to the faid Bailaft Office Committee affixed thereto, and /hall be
fixed or hung up in forae public or confpicuous Piace in the Cuftom
Houfe, and in the Office of the Mayor and of the Colleftor of the Cuftoms
of the faid City of
Londonderry*
wameof
the
XXII. And, for the better regulating of the Mafters of
Boats,
Barges*
Maftersand Lighters, or other Veffels, and the Boatmen, Bargemen, or others em-
STe%rir^; P^ycd by or under them refpeftively, paffing on and navigating the faid
o^-Veffels. Lough and River, Port and Harbour of
Longhfoyle^
be it further enafted,
That every Owner, Mafter, or Perfon having the Rule or Command ot
any Boat, Barge, Lighter, Smack, Gabbard, Wherry, Float, Cot, ot
othec
4B°GEORGII III. Cap.t$6. 2631
other VdTel (except Ple&fure Boats) navigating or paffing in, on, or within
thefaid'Lough or River, Port or Harbour, fhall caufe his Name and Place
of
x4.bode,
and the progreffive Number of his Boat, Bargee Lighterj Smack.,
Gabbard, Wherry, Float, Cot, or other Veffel as aforefaid, to be from
Tim6 to Time painted in large legible Chara&e^s or Letters Qnfe Inch
long at the leaft, on feme confpicuous Part of each of the Outfide.s of
every fuch Veffel higher than the fatiie {hall fink into the Water when
fully laden ; and dial
I
alfa in like Manner, caufe to be painted on the fn^xofToa-
Outfide of each fuchC Veffel certain Lines or Marks, with Figures over °"
each Line or Mark, to denote the*Number of Tons Burthen which each
fuch Veffel contains when the fame is funk in the Water to the Depth of
fuch Line or Mark ; and fhall 'caufe to be put, made, renewed, and con-
tinually kept on ail fuch Veffels ail fuch Marks in Paint or otherwife,
and under Tuch Regulations as the faid Ballaft Office Committee fhall by
any Bye Law or Bye Laws from Time to Time dired and appoint, fo that
the true Name, Place of Abode, Number and Burthen belonging to every
fuch Veffel as aforefaid may at all Times clearly appear and be afcer-
tained*; and every Owner, Matter, or Other Perfon, having the Rule or
Command of any Veffel as aforefaid, who fhall refufe or negle£t to put and
renew as often, as neceffary, his Name and Place of Abode, or the pro-
greffive Number of his Veffel or Veffels, or any Line.% Marks, or Figures,
herein-before directed or which fhall be dire&ed by any fuch Bye L?w on
fuch Veffel in Mariner aforefaid,' or fhall deface, erafe^ or deftrOy any
Name, or any Letter, Mark, Line or Figure,defcribing the Number of
fuch Veffel, and the Tonnage therein as aforefaid, fhall for every fuch
Offence refpedively forfeit and pay to the Ufe of the faid Ballaft OfEfee
Committee any Slim not exceeding Ten Pounds;
XXIIL And be it further ena&ed, That, from and after the Firfl Dav of Veffeii nivig*r
December
next after the paffing of this A£t5 all Veffels trading to or from Lofghfoyi^to
the Poit and Harbour of
Londonderry
fhall be conducted, piloted', and bectondu&eiV
navigated by Pilots annually authorized and licenfed by the Mayor of fj/b^he06"'"
the faid City of.Londonderry, by Warrant under his Hand and Seal: corporation,
Provided always, that no fuch Licence fhall. be granted, except upon the
Certificate of-the laid Ballad Office Committee, or any Five of them^ and
their Pilot Mailer and Secretary, that the Perfon requiring fuch Licence
is a fit and proper Perfon to be fo licenfed as a Pilot, nor unlefs fuch Per-
fon fhall have paid to the Ufe of the faid Committee a Sum not exceed*
ing One Pound, the Payment whereof fhali be certified to the faid Mayor
by the Secretary of the faid Committee; and the Matter, Owner or
Owners of every fuch Ship or Veffel which fhall be navigated within
the Limits aforefaid, without a Pilot licenfed as aforefaid, fhall forfeit
Treble the Sum which would have been demandabie for the Pilotage
of fuch Ship or Veffel, together with Five Pounds for every Fifty Tons
Burthen of fuch Ship or Veffel.
XXIV, And be it further enacted, That no Perfons fhall take charge of penaj|y on
any Veffel or in any Manner act as a Pilot, or receive any Com-
Perfon*
acting
penfation for a&ing as a Pilot within the. Limits aforefaid, unlefs oufbdnJ1^
authorized by Licence by virtue of this A£t; and no fuch Pilot {hall act licenfed.
without having his Licence at the Time of his fo acting in his Perfonai
4 Guftody%
$ 6 3 2 48°GEORGII III.
Cap
Cuftody, ready to be produced* which fhall actually be produced to ati$
Perfon who fhall lawfully Require to fee the fame, on pain of forfeiting a
Sum not exceeding ^Fwo Pounds.
Not4
to extend
XXV.' Provided always, and be it farther ena&ed, That this A& /hall not
ShCareS
W*her<?
extenc^ or ke conftt*ued to extend, to hinder any Perfon or Perfons from
&iihcfs7in affifting any Ship or Veflel in Diftrefs, or fubjeft fucb Perfon or Perfons,
6r the Owner or Mafter of any Ship or Veflel employing fuch Perfons in
the Limits aforefaid, to the Penalties of this
A&,
;<
any Thing herein £oa-
tained to the contrary notwith£knding.<
Exemptioh
In
XXVI. Provided alfo, and be k further eniSed, That nothing in this Aa
^a MWthtre contained ihall extend to fubjeft to any Penalty, any Own^r or Captain or
Mafter of any Ship of Veflfel who fhall employ any Perfon, or aft himfelf
as a Pilot for the Conduit of his Ship or Veflel 'm any Cafe where a
ikeafed Pilot cannot be procured.
be procured.
tfenfed Per*
ions*
licenfed per- X^XVIL Provided always* and fee it further ena$ed, That it fhall be law-
fons
may
fu- ful for any licenfed Pilot to fuperfede any Perfon not licenfed as a Pilot m
tiffed
Pelt*
f.^e Charge of any Ship or Veffel within the Limits aforefaid; and every
Ma$er who fhali within the Limits aforefaid continue any Perfon not
licenfed as herein-before mentioned, after any Pilot licenfed as aforefaid
to aSfc within the faid Limits ihall have offered to t$ke charge of fuch
Shg? or Veflel, and every Perfon affuming or continuing in the Charge
or Conduct of any Ship or Veflel within the Limits aforefaid without
feeing duly licenfed as herein-before mentioned, after any other Pilot
licenfed as aforefaid fhall have offered to take charge
thereof,
(hall r$~
fpe£tively forfeit for every fuch Offence a Sum not exceeding Ten
pounds,
Penally on
Pilots refufing
to take charge
of Veflel, ex-
acting more
than the Pilots
Rate,
or not
completing
the Service
XXVIIL And be it further enafted, That every Pilot licenfed under
this A& who fhall refufe to take charge of any Ship or Veflel, or who
fiiall exa& any Fee or Reward beyond the eftablifhed Rates of Pilotage
or who fhall quit any Ship or Veflel, or decline the Pilotage
thereof,
after
he
flaali
have been engaged or gone alongfide
thereof,
without Leave of the
Owner, Mafter, Captain, or Perfon having the chief Command of fuch
Ship or Veflel, or before the Service fhall have been performed for which
he
was
hired, or fhall, by Drunkennefs, render himfelf incapable of con-
ducing fuch Ship or Veflel, or fhall negligently, ignorantly, or wilfully
run fuch Ship or Veffel on Shore, or fhall by Mifdirefition or otherwife
do any Injury to the fame, or
t&
the Tackle or Furniture thereof or fhall
lend his Licence or Warrant to any unlicenfed Perfon to enable
or affift him in a£ting or claiming to aQ: as a licenfed Pilot, fhall forfeit
for every fuch Offence any Sum not exceeding Twenty Pounds, and fhall be
liable to be difmiffed from being a Pilot, at the Difcretion of the faid
TJallaft Office Committee*
TbiinagePu- XXIX, And whereas it is expedient to provide a Fund for carrying1
ties bade into Effe& the Purpofes of this
A&%
(o
far as the fame relates to the Powers,
B^lattCOfficee aftd tkities of the faid Ballaft Office Committee ; be it therefore'ena&ed,
Committee* Th#f
48°GEORGII III. Cty.136. 2633
'that-from*and after the Firft Day of
Deceniber
One thoufand eight hun-
dred and eight,- there {hall be paid and payable to the faid Ballaft Office
Cuintniijec.by the Mafter or Owner of every Ship'or'Veflel arriving in
the/jLangh or River, Pore or
H^xboMX
oi
Lougbfoyle^
to the faid Ballaft
0(BcejCo\mmittee.for the Time being, or to fuch Perfon orPerfons, for
th£
Crfe
of the faid Committee, as fhall.be duly authorised by the faid
Committee to receive, the fame, the following Rates' and Duties and
Sums of Money, over and above all other Rates and'Duties, and--Sum
and Sums of Money now payable by any fuch Matters or Owners; that is
to Iky,
For every Foreign Ship or Veflel,* or fuch as fhali not belong taany
of His'Majefty's Subje&s of the United Kingdom of Great Britainand
hhHri&y
or in the-Plantations, a Sum not exceeding Sixpence :fof eyery
Ton of the Burthen of fuch Ship or Veflel:
ftndfor every Ship or Veflel which (hall belong to any of His Ma*
jefty's .S-ubje&s in the United Kingdom- of Great Britain zndjreland or
the Plantations,.(Ships and'oYhe'r Vtjflels belonging to or employed in the
Sei-vireof His iVlaje(lyi':as alfothofe laden with' Coals only, ana Coaliers,
exceptecj)a Sum nor exceeding the Sum of Three Pence for every Ton oi
the Burthen of fuch Ship or Veflfel
And for every Ship or Veffel arriving in the faid Harbour laden with
Coals,,
and .every Coafter, (that is to fay), every'Ship or Veflel arriving
and.trading from any Port of Ir
eland xo
Londonderry
%
a Sum not exceeding
the Sum of Two Pence for every Ton Burthen of fuch Ship or Vellel :
Ships or VeffeU aniving in Ballaft always excepted.
The faid feyerai and refpe£ltve Rates and Duties to be paid on every
Voyage which, fuch Ship or Veflel lefpeftively ihall make to the laid
Harbour ot
Londonderry*
XXX, AncL to the End that the faid refpedive Duties due and payable as «.-
*
A
H
• *
r r * i 1 rr n. M • 1 1 1 - , 1 ^ . .^. . 'Nn1pS inali not
amrelaid may be more enectuady paid and,levied, be it ena&ed, That it be difcharged
fhai'l not be lawful to and for the Officers of His Majefty's Cuftom Houfe j^-Tonnage
in the faid Cicy of
Londonderry
to clear and difcharge any Ship or Veflel pai '
outward bound, or to permit any Ship or Veflel outward bound to fail
until the Commanderor Matter thereof ihall have brought and produced
to the faid Officer a Difcharge from the faid Ballaft Office Committee, or
the Perfon appointed by them, to receive the faid Tonnage Duty certifying
th*u the Tonnage Duty payable under this Aft has been paid in refpeQ;
of fuch Ship or Veflel ; which Certificate fhallbe granted on Payment of
fuch Duty without Fee or Reward, Fraud or Delay.
XXXI. And be it further enafted, That all Licence Duties and Tonnage Licence Duty,
Duties granted and made payable under this A&, and all fines and Tonnage
Penalties made payable to .the faid Ballaft Office Committee under this Aft, £"!£ .a£S
•
ihall from lime to lime be veiled in the faid Committee, and {hall be Comm ttce
emploved by the laid Committee in and towards fuch of the Purpofes of forrthofthiV
this Adl as relate to the Lough and River Port and Harbour of
Loughfoyle>
?A&*
and fuch other Matters as by this Aft. are- placed under the Dire&ton and
Management of the faid Commit
tee,
[Loc\ V Per.] 29 P XXXIL And
2634
Comnrttee
Jh all
afcer-
taia Rates and
Duties an-
nually, &c.
and affix
Tables thereof
at the Cuftom
Houfc.
Committee
fhall appoint
a Treafurer
and Collector,
and fhall
annually lay
their Ac-
counts before
the Corpora-
tiOH| ftCm
Committee
may gi'ant
Annuities to
Inperannttatcd
Vilbts, AC*
486GEORGII III. Cap. 136*
XXXIL And be if further enaftid; That the faid Bailaft Officii Committee
fli^ll pnee at leaft m every Tear :bftween the Secohd0ayof November and
the Fi|ft |)ay of pmrnbtr*andas much oftener as they '(hall from Time
to Tin^e'thbk e^ediih^^certain ' the fevefal Ratfes, Prices, Fires, arid
Sums qfMonqy.^ be paid to any Perfon or Perfons for the (applying,
liiting^receiving^taking in or throwing out of Bailaft
•
or foi1 the Freight,
Ufe,
Hire^ or Employment of Boats, Barges, Lighters* and VtJffds, and of
the ^gk%kci?
**}$
Ships and ^uels; and alfo the Sums of Money to be paid to ttieHaid
Committee by virtue of this Aft, in refpeft of the Tonnage of Ships and
Vefie& arriving in thfe faid Harbour* or for the Licences of
Ships,
Boats*
and
Velfck ilfeddr employed or plying for Hire there as aforefaid
•,
and (halt
caufe Tables of all the faid Rates, Prices, Fares, and Sums of Money and
Tonnage and Licence Duties to be drawn up and made, with the Name of
the tHlot Mafter and Secretary to the faid Committee affixed thereto
•,
and
Copies
thereof,
printed or painted, to be fixed or hung up from Time 16
Timfeandto be continually kept fo affixed or hung up at the Cu(fom Houfe,
as alfo at the Office of the Mayor and the Office of Collector pf the Cuftoms
of the faid City of
Londonderry
y and it fhall be lawful for the faid Bailaft
Office Committee from Time to Time to reduce all or aWy fuch
Rates*
giving Notice of all fuch Alterations, in like Manner, by Tables
made and affixed or hung up as afotefaid, and fc as fuch
Ra*te3
and Sums
of Money (hall not exceed the Sums refpeftively fpecified in this Aft, in
Cafes where anv fuch Sum is fofcsciEecfc
XXXHL And
Be
it further
enaftecf,
That the faid Bailaft OfficeCommittce
(hall and may from Time to Time appoint fome Perfon to be a Treasurer,
and fome Perfon to be a Colle&or of the feveral Rates and Duties,
Sum and Sums of Money payable to the Ufe of the faid Conftttteee
under and by virtue of this Aft, and that fuch Treafurer and
Collector refpeftively (hall give fuch Security as the faid Committee
(hall require; and that it fhall be lawful for the faid Committee to pay the
faid Treafurer and Colleftor fuch Salary and Allowance as they fhall think
proper, not exceeding in the Whole the Sum of One Shilling in the Pound
on the Money collefted and received for the faid Committee; and that the
faid Committee lhall once In e^ery Year, between the Fifft Day otOflofor
and the Firft Day of
November',
make out a true Account of all Rates and
Duties and other Sum or Sums of Money received by them in the preceding
Year, and of all Difburfements thereout and Application thereof
in
the Pay-
ment of
Salaries,
and in ptherExpences purfuant to this Aft, with a State*
ment of the Balance, if any, then in the Hands of the faid Committee or
their Treafurer ; and the faid Account (hail be figned by the faid Treafurer
of the faid Committee, and by him delivered to the Mayor of the faid City
on or before the Firft Day of
November
in each Year, who fhall lay the
fame before the next Common Council j and the fame fhall be printed
and diftributed by and at the Expence of the faid Corporation,
XXXIV. And, in order to enable the faid Bailaft Office Committee to
gi%edueand fufficientEncouragement to Perfons afting asPilots to be adtive
arilt diligent in their Duties as fvich, be ic enafted, That it (hall and may
lawful to and for the faid Bailaft Office Committee to appoint any
yearly
48aGEORGII III.
Cap.
136*
2635
yearly Sum or Sums of Money to be paid to fueh fuperannuatd or ficfely
Pilots as they fhall thiftk proper, and to the Widow or Widows of any
Pilot or Pilots who lhall have been drowned or loft in the Difcharge df his
or their Duty as fuch, under this A£t; Provided, that all fuch Sumsxoge-
ther (hall not exceed in the Whole the Sum of Thirty Pounds-in any one
Year ; and alfo from Time to Time-to grant and pay any Pilot or Pilots
any Sum or Sums of Money which thelaid Committee may think fuch
Pilot or Pilots may-deferve, for any exttaordinafy Service performed by
them not e&ceedihg Ten Pounds Sterling; and all fuch Sums (hall be paid
out of the Payments, Rates* Duties, and Revenues which (hail arife and
be1
payable to the faid Committee under this Aft.
XXXV. And whereas it is requifite to fecurea fufficientDepth of Water T* prevent
at the' Front of theQuays inthe faid Port and Harbour of
Londonderry,
and Frances
by
that for that Purpofe the River fhould have a free Fluxand Refluxalong the Erection
of
faid Quays without being obftru£ted
*,
be it therefore ena&ed, That it (ball Qi*ay3'&^
not be lawful for any Perfon or Prrfdns to ereft, build, or conftru£t any
Wharf,
Quay,
Store-hoof^
Wall, Building, or Work of any Kind or Sort
whatfoev-^which (hall project into the River
Foyle
further than or beyond
the Front Line or Breaft of the prefcnt Ship Quays now on the Side of
the (kid River ; and that it fhall and may be lawful to and for the Mayor
and Sheriffs of the faid City cf
Londonderry
for the Time being, to remove
and abate all fuch Erections, Buildings, and ConftruftionSj as Encroach-
ments and Nuifances, by delivering an Order in Writing to the refpective
Tenants, Occupiers, or Owners of any
Wharf*
Quay, Storehoufe* Wall,
Building, Work, or other Ere&ion or Conftruction, fetting forth and di-
recting in what Manner fuch Encroachment or Nuifance fhall be refpec-
tively altered, fct back, removed,,or abated; and in cafe the Perfon to
whom fuph Order (hall be directed and delivered (hall refufe or neglect to
comply with fuch Order, and to alter* fet back* remove, or abate fuch
Nuifance or Encroachment within the Space of Thirty-one'Days after fuch
Order as afore
{'aid,
then and in fuch Cafe it fhall and may be lawful for the
Mayor or Sheriffs of the faid City to employ Workmen, and to alter, fet
back* removevor abate every fuch Encroachment or Nuifance, and to com*
pel the faid Tenants, Occupiers, of Owners to. pay all the Charges thereof
byDiftrefs and Sale of their Goods ,and Chattels, to be levied by Warrant
under the Hand and Seal of the Mayor of the faid Cuy for the Time
being.
XXXVI. And be it further enacted, That the feveral Penalties by this A& Penalties re-
made payable to the faid Mayor, Community,, and Citizens, fhall be paid b?fore One
to the "Chamberlain of the faid City for the Ufe of the faid Mayor, Com- Magnate by
munity and Citizens, and fhall be applied for the Improvement of the faid saic?oHn
City in fuch Manper as they fhall think proper, and that the Penalties by Default im-
this Aft made payable to the faid Ballad Office Committee, and alfo all Pri onment*
Penalties which (hail be impofed by any Bye Law of the faid Committee,
to be made in purfuance of this Aft, fhall be paid to the Treafurer of the
faid Committee, and fhall be by them applied to fuch Purpofes of this Act
as are placed under the Controul and Management of the faid Committee,
and that all the faid Penalties fhall and may be recovered in a fummary
Vv
ay before any one Magiitrate of the faid City, on Proof being made on
Oath
2636 48°GEORGII III. Cap, 136.
Oath after one Summons to
.the;
Party 6fFend!.n^ andfha1;} bp levied ojf
Diftrefs and Sale of the Offenders Goods and Chattels, l^y Warrant under
the Hand and Seal of fuch Magistrate, unleis fuch Penalty
be.
pftid in Ten
Days after fuch Diftrefs ftall betaken, anJ the Overplus, i£ any* after all
Charges being deducted, fliall be paid to the Owner* axjd in egfe no fuffi-
cient Diftrefs canor may be had to^anfwer the faid Peia$|tie^;te|pe&tively,
the Perfon or Perfons who fliall have incurred the fame fhaM by Warrant
under the Hand and Seal of any ' fuch Magiftrate1', be^oipmifted-to the
Common Gaol of the faid City, there to be kept for a$y Twn^^ptex4
ceeding Two Months, nor leis than Fourteen Days, at
.-the*
Difc^io^
of fuch Magiftrate, according to the Nattf e of fuch Offense atad the
Amount of the pecuniary Penalty.
PTocc*din?« XXXVII. And be it further enabled, That
no
Order'or other Proceeding to
not to
be
va-
be made or had by or before any Magiftrate, or to be orhferwfetnadeorhad
in purfuance or this Act, fhall be quaftied or vacated for Want or Form
only, or be removed by Cerfiorariimo any of His•;Majcfty.'s Courts of
Record in
Ireland;
Sum or .Sums of Money
V6
be levied by
ilfeIf fliall not be deemed unlawful, nor the Pan"ty or Parlies .making the
fame be deemed a Trefpaffer oa Account
•
of any "Want: of Form in
the Summons, Conviction^ -Warrant ^of 'Diftrefs*,.-;« or .other Proceed-
ings relating thereto; nor fh&lf thfe'Pihy on Paftfesrg rbe
deemed a Trefpafler o^Trefpaffers &^/m^ on Account ^
which fliall be afterwards-committed by-the Party or Parties dii^raimng,
but the Perfon or Perfons aggrieved by fuch Irregularity (halt and may*
recover full Satisfadion for the fpecial Damage in an Adion upon the
Cafe.
Perfons ag- XXXVIII. Provided always, and be it further ena&ed, That all and every
gruv dmayip- Perfon and Perfons who fliall think
himfelf,
herfelf,
or thenifelves aggrieved
peai toouai. ^ ^ Order or Judgment made or given in purfuance of any Rule, gye
Law, or Order of the faid Ballaft Office Committee, or by the Ord#r fcr
ated for want
F
Form or
moved by
•rtiorari. and that where any Diftrefs (hall-be*, made for any
ievvT6 be levied hv virtue of xhh A&* the Diftrefs
pea* to Q
tei Seflions.
Determination of any Magiftrate (where fuch Oi;derv oixDeterminatipa is
lot declared to be final) may, within Two Calendar Months after fuch
Order fhall have been made or given, complain to the Juftices -of;'.the
Peace at their next General Seflions of the Peace ro be hplden in and/or
the City and Liberties of Londonderry, and not elfewhere, who fhall in a
fummary Way either hear or determine the faid Complaint, or if they
think proper may adjourn the Hearing thereof to the next' General
Seflions of the Peace to be holden for the faid City and Liberties; and if
they fee Caufe may mitigate any Fine, Penalty, or Forfeiture, and may
order any Money to be returned which fliall have been levied in purfuance
of fuch Rule. Bve Law, Order or Determination,
rifdiaion of XXXIX. And whereas it will be of greatUfe and Advantage to the Inhabir
joun of Con- tants of theCity andLiberties of theCity of Londonderrythat
the
Jurifdi^ion
llT^**
of the Court of Conscience held before the Maybr or Recorder pfdte fai<d
tended from _,. r . , , . _ _ _ W7J . ^ , . w-
103.
to
40s.
City for determining Caufcs in a fummary Way in Debts oetween farty
and Party fhould be extended to the Amount, of Forty Shilling?, be it
therefore further enabled, That from and after tie Firft Day ^iSept^^er
7 One
4»° G &QR.G II HI. Cap. i 36.
Ope thouA eignr Hundred and.
e%h?,:
the Mayor of the City
-
of
London*
'defry>afbkfo\d4oixhk Time being,, or thr Record^ of the faid City for
the Time t>iihg,3haU.h»veJu-lUPQwer^nd ^utlioiity to hear and finally de-
termine, in a iummarv Way, Caufrs in all Debts between Party and
^Party hot exceeding .in. the Amoiihc 'the Value of Forty Shillings within
theTdid.Gity and; Lib'ertres refpeftivcly, with all fuch Powers, Privileges,
Authority, and Jiiriljyiclion;a&tthe f^id Maypror Recorder have heretoiore
ufed and exercifed in Gaufes not exceeding Ten Sniliings.
XL.
Provided always, and belt further enafied, That no Decree, Ext- T;meof
ctit!On/;ofiC:ommit^ent fhall take place pr be-made or executed unUfs commitment.
the Parcy,-C0rtipla\ned of (hall havebeen duly fummoned, and that no Per-
fon (hall be impnfined or confined by virtue of any 'Warrant; Commit-
ment, or Execution by the Mayor or Recorder of
the
faid City under fuch
Authority orjurifdi&ion, in the faid Court of Conlcience, for any Debt not
exceeding in the Whole Twenty Shillings longer than for the Space of
Twenty Day?, to be computed from the Dy of fuch Commitment; and
th;.t no Perfon (hall be imprifoned or confined by the Authority afotefaid
tor any Debt exceeding Twenty Shillings and not exceeding Forty
Shillings, longer than for theSpace of Forty Days, to becomputed as above;
and that from and after the refpeftiveDeterminations of fuch lmpiifonmersts
or Confinements the Debt or Debts fur which fuch Perfon or Perfons
(ha
1
have b-en fo imprifoned or confined, fliall be totally difebarged to all
Interns and Purpofes, as if fuch Debtor or Debtors had a&Udliy paid the
fame; and the Perfon or Perfons fo confined (hall be immediately liberated
or\ the Exj iration of fuch refpecUve Confinements without paying any
Sum or Sums of Money, Fee or Fees, or other Reward or Gratuity, to the
Keeper or Keepers, Turnkey or Turnkeys of
the
Gaol or Prifon, or otheis,
by way of Gaol Fees or Difcharge Fees, or on any other Pretence what-
foever; and if any Keeper or Keener?, Turnkey or Turnkeys of the faid
Gaol or Prifon, or any other Perfon whomfoever, fhall demmd, take,
or receive any Fee or Fees, Sum or Sums of Money whatfoevtr, upon
the Difcharge of any fuch Perfon or Perfons fo committed to his or tht-ir
Charge or Cuftody as aforefaid, or (hall keep or detain any fuch Perfon
or Perfons a Prifoner or Priloners after the Time by this Aft limited for
his,
her, or their Imprifonment, every fuch Keeper, Turnkey, and other
Perfon fhall for every fuch Offence forfeit and pay the Sum of Five
Pounds.
XLI. Provided always, and belt enafted, That no A&ion or Suit Limitation of
fliall be commenced againfl any Perfon or Perfons for any Thing done Actions.
in purfuance of this Aft, after SixCalendar Months next after the Fadt com-
mitted } and every fuch A&ion or Suit fhall be brought and tried
in
thefaid
City, and not elfewhere; and if any fuch Aftion ot Suit fhall be brought
before Twenty-one Days Notice fhall have been given, or after a fuffiuent
Satisfaction made or tendered as aforefaid, or after the Timet limited for
bringing the fame as aforefaid, or fliall be brought in any other Place
than as aforefaid, then the Jury (hall find for the Defendant or Defend-
ants ; and upon fuch Verdidl, ot if the Plaintiff or Plaintiffs fhall be non-
fuited, or difcontinue his, her? or their A&ion or Suit after the Defend-
ant or Defendants fhall have appeared, or if upon Demurrer Judgment
[hoc. & Per.'} **9 -^ fhall
2637
2638 48dGEORGII III.
Cap,
136.
fhall be given againft the Plaintiff or Plaintiffs, then the Defendant or
Defendants fhall recover Double Cofts, and have fuch Remedy for the
fame as any Defendant hath for Cofts of Suit in other Cafes by Law.
PuMic
Act XLII, And be it further enafted, That this A& (hall be deemed and
taken to be
a
Public Aft, and (hail be judicially taken Notice of as fuch
by all Judges, Juftices, and others, without being fpecially pleaded,
LONDON; Printed by GEURGE EYRE and ANDREW STRAHAN,
Printers to the King's mod Excellent Majefty, i8qS.
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