Tolls may be raised or lowered. If Disputes should arise about the Amount of Tolls, the Collectors may weigh the Goods in order to ascertain Amount to be paid. Drainage (Ireland). in towing Boats or Barges, and not carrying at the same Time Goods or Passengers. XVII. It shall be lawful for the said Trustees from Time to Time as they shall think fit, with the Approbation of the said Commissioners of the Treasury, to reduce all or any of the Rates or Tolls by this Act authorized to be taken, and afterwards from Time to Time, with the like Approbation, to raise the same or any of them to any Amount not exceeding the Amount hereinbefore specified: Provided also, that if such Rates or Tolls shall have been let or demised by the said Trustees no Alteration shall be made therein during the Continuance of such Lease or Demise unless with the Consent in Writing of the Tenant or Lessee. XVIII. If any Dispute or Difference shall arise between the Collectors of the Rates or Tolls made payable under this Act and the Owner, Master, or Person having charge of any Boat, Barge, or other Vessel, or the Owner of any Goods, Wares, and Merchandise, or other Things chargeable with or liable to the Payment of any of the said Rates or Tolls, concerning the Weight or Quantity of the same, it shall be lawful for such Collector to stop and detain any such Boat, Barge, or other Vessel, and to weigh, measure, or gauge, or cause to be measured, weighed, or gauged, all such Goods, Wares, and Merchandise, or other Things as shall be in any Vessel where and when any Dispute shall arise; and in case any such Goods, Wares, and Merchandise, or other Things shall, upon such weighing, measuring, or gauging, appear to be of as much Weight, Measure, or Quantity as or of greater Quantity than such Collector did insist and affirm the same to be before the weighing, measuring, or gauging thereof, so as to make the same chargeable with or liable to the Payment of as much Money as or more Money than was demanded by the Collector before the weighing, measuring, or gauging of such Goods, Wares, or Merchandise, or other Things, then and in such Case the Master or Owner of such Boat, Barge, or other Vessel, or the Owner of such Goods, Wares, and Merchandise so weighed or measured or gauged, shall pay the Costs and Charges of such weighing, measuring, or gauging thereof; all which said Costs and Charges, upon Refusal of Payment thereof on Demand, shall and may be recovered as the Rates and Tolls made payable in and by this Act are appointed to be recovered; but in case such Goods, Wares, and Merchandise, or other Things, shall, upon such weighing, measuring, or gauging, appear to be of no greater Weight or Quantity than the Master or Owner declared the same to be before the weighing, measuring, or gauging thereof, then and in such Case such Collector shall pay the Costs and Charges of such weighing, measuring, or gauging, and shall also pay to the Master or Person having charge of such Boat, Barge, or other Vessel, or to the Owner of such Goods, Wares, and Merchandise, a Sum not exceeding Two Shillings and Sixpence for every Hour that such Boat, Barge, or other Vessel shall be detained by occasion of such weighing, measuring, or gauging, and so in proportion for any greater or less Time than an Hour; and in default of immediate Payment thereof the same shall be levied by Distress and Sale of Drainage (Ireland). of the Goods and Chattels of such Collector, or of any Lessee of such Rates or Tolls by whom such Collector may have been employed, by Warrant under the Hand and Seal of any Two Justices of the Peace for the County, Liberty, or Place where such Collector shall reside, rendering the Overplus to the Owner thereof after such Distress and Sale made. XIX. Any Lock or Bridge Keeper appointed under the Pro- Lock-keepers visions of this Act to have the Charge of opening or shutting any to attend Locks. Lock or Bridge on any of the said Navigations shall constantly attend to the same, and shall at all reasonable Times open the same for the Passage of trading or other Vessels, the Tolls and other Rates required under this Act for such Vessels being paid, and the Byelaws, Rules, and Regulations which shall be made being complied with; and each such Lock or Bridge Keeper Penalty on wilfully neglecting the Duties of his Office in any of the Matters Neglect. aforesaid shall be liable to a Penalty of not more than Five Pounds for each Offence. Rates, Tolls, XX. The said Trustees shall cause an Account or List, printed A List of the or painted in legible Characters, of the several Rates or Tolls which the said Trustees shall from Time to Time direct and appoint to be taken, and which shall be payable by virtue of this Act, to be affixed on Boards in some conspicuous Place at or near which any such Rates or Tolls shall be collected or received, and shall cause the same to be continued and renewed as often as the same shall be obliterated or defaced. XXI. It shall be lawful for the Collectors appointed and autho- For enforcing rized in this Behalf by the said Trustees of the said Navigations the Payment of respectively to demand and take the Tolls and Rates payable by Rates and Tolls. virtue of this Act, and in case of Refusal or Neglect, on Demand, to pay such Rates or Tolls to the respective Persons appointed to receive the same as aforesaid, the said Trustees may sue for and recover the same by an Action of Debt in any of Her Majesty's Courts of Record, or by Civil Bill, or the Person to whom such Rates or Tolls ought to have been paid may and he is hereby empowered to seize the Goods, Articles, or other Things for or in respect whereof any such Rates or Tolls ought to be or ought to have been paid, or any Part thereof, and the Vessel laden therewith, and detain the same until such Payment shall be made, together with all reasonable Charges for such Seizure and Detention; and if such Goods, Articles, and Things shall not be redeemed within Twenty-one Days after the taking thereof, the same shall be appraised and sold as the Law directs in Cases of Distress for Rent, and such Rates, Tolls, and Charges satisfied thereout. XXII. It shall be lawful for the said Trustees (if they shall think fit), by public Bidding, from Time to Time to let all or any of the Tolls and Rates payable under the Provisions of this Act for Terms not exceeding Seven Years, on such Conditions, and with such Security for the Payment of the Rent reserved on such Lease as the said Trustees shall deem expedient; and every such Lease shall be valid, and the respective Lessees thereof, and also such Persons as such Lessees shall appoint to collect and receive the Rates or Tolls so let, shall have the same Powers and AuthoX 2 rities Power to Trustees to grant Leases of the Rates and Tolls. Power of Reentry in case of Nonperformance of the Conditions of such Leases. Application of Income derived from Receipt of Tolls or Rates. Expenses of Navigations not defrayed by Income to be paid by Counties, &c. Drainage (Ireland). rities for collecting and recovering the same as are herein-before by this Act given to the said Trustees and the Person appointed by them to collect such Tolls and Rates. XXIII. In case any of the Rates or Tolls by this Act authorized to be taken shall be demised or let, and the Lessee thereof shall refuse or neglect to perform the Terms and Conditions on which the same shall be so demised or let, or any of them, or in case all or any Part of any Rent agreed to be paid by any such Lessee shall be in arrear or unpaid for the Space of Twenty-one Days next after any of the Days on which the same ought to be paid pursuant to the Lease of such Rates or Tolls, or in case any such Lease shall in any other Manner become void or voidable or determine, or in case any Collector of the said Rates or Tolls appointed by the said Trustees as aforesaid shall be discharged from his Office, or shall die, abscond, or absent himself, and any such Collector who shall be so discharged, or the Wife, Widow, or any of the Children or Family, or any Representative of any such Collector, or any other Person being in possession thereof, shall refuse to deliver up or shall not deliver up Possession of any Toll House, Office, or other Building, with the Appurtenances thereto respectively belonging, to be used for the Purposes of this Act, within the Space of Seven Days next after a Demand thereof in Writing on behalf of the said Trustees shall be given to him, or affixed to such Toll House, Office, or Building, then and in any of the said Cases it shall be lawful for any Two or more Justices of the Peace acting within their Jurisdiction, upon any Application made by the said Trustees, by Warrants under the Hands and Seals of the said Justices, to order any Constable or other Peace Officer, with such Assistance as shall be necessary, to enter upon and take possession of every or any such Toll House, Office, or other Building, with the Appurtenances, and to remove and put such Lessee, Collector, or other Person as shall be found therein, together with his Goods, from and out of the same and the Possession thereof, and from the Collection of such Rates or Tolls, and to put the said Trustees, their Agent, or their new Lessee or Collector, into the Possession thereof; and it shall be lawful for the said Justices to declare such Lease to be void and determined, and the same shall be void and determined accordingly (save as to any Rights and Liabilities in respect of any Rent already accrued and any Breach of any Terms or Conditions already committed). XXIV. The Income which the said Trustees shall receive for or in respect of any Tolls or other Rates to be imposed and levied under this Act shall be applied, in the first instance, in paying the Salaries of the Officers and Servants authorized by this Act to be appointed by the Trustees, and in Payment of Expenses of collecting such Tolls and Rates as aforesaid, and of the Expenses attending or incident to the Maintenance of the Works of the Navigation of which they are Trustees, and all other Expenses attending the Conservancy of such Navigation. XXV. All Expenses of and incident to the Maintenance and Conservancy of each of the said Navigations shall (so far as the same may not be defrayed out of the Income aforesaid) be borne and Drainage (Ireland). and paid by such Counties, Baronies, and Townlands, and Parts thereof respectively, and in such Proportions as by the Award of the said Commissioners of Public Works shall be in this Behalf provided. XXVI. It shall be lawful for the said Commissioners of the Treasury at any Time, and from Time to Time, within the first Two Years after the passing of this Act, if they think fit, upon an Estimate being laid before them by the Trustees of any of the said Navigations of what Sum will be requisite for the Expenses of such Navigation for the then current Year, to direct that any Sum or Sums of Money, not exceeding in the whole the Sum of Five hundred Pounds in any One Year for any one of the said Navigations, shall be advanced and paid to such Trustees out of the growing Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to be applied under the Direction of the said Trustees, in the necessary Maintenance and Repair of such Navigation and in the Payment of the Officers and Servants of such Trustees under this Act; and the said Commissioners of the Treasury shall certify from Time to Time to the Lord Lieutenant or other Chief Governor or Governors of Ireland the Sums so advanced, with a view to the Repayment thereof as herein-after provided. XXVII. The Trustees of each of the said Navigations shall transmit to the Grand Jury assembled at the Summer Assizes One thousand eight hundred and fifty-seven, to be held for every County which or any Barony or Townland in which is liable to contribute towards the Expense of and Maintenance of such Navigation, an Account of the Receipts and Expenditure of such Trustees up to the Thirtieth Day of June One thousand eight hundred and fifty-seven inclusive; and such Trustees shall also furnish to such Grand Juries at each Spring and Summer Assizes to be thereafter held like Accounts of the Receipts and Expenditure of such Trustees from the Time to which their last preceding Account was made up to the Thirty-first Day of December and the Thirtieth Day of June inclusive next preceding the Commencement of the Assizes. Power to Treasury to advance Money during first Two Years for Expenditure of Trustees. Trustees of each count to Grand Grand Juries, upon Estimates of Trustees, to present the necessary XXVIII. The Grand Juries of the several Counties to which any such Account as aforesaid is transmitted under this Act in relation to any such Navigation shall, upon an Estimate being transmitted to them by the Trustees of such Navigation of what Sum will be requisite for the Expenses thereof until the following Amount. Assizes, without Application to Presentment Sessions or otherwise, present the Amount of such Estimate to be paid to the said Trustees, such Amount to be so presented by the said Grand Juries to be raised upon the respective Counties, Baronies, and Townlands liable to contribute to the Maintenance of such Navigation, and in the Proportions in which such Counties, Baronies, and Townlands are liable so to contribute. XXIX. In case it appear to the Lord Lieutenant or other Chief In case NaviGovernor or Governors of Ireland, upon any Representation in this gations or Behalf, of Five or more Persons paying County Cess within the Works are not kept in repair, Counties, Baronies, and Townlands or Parts thereof chargeable the Treasury X 3 for may order the same to be repaired, &c. Provision for Recovery of Money advanced for Purposes of this Act. Drainage (Ireland). for the Maintenance of any of the said Navigations, that such Navigation, or any of the Works connected therewith, is or are not kept and maintained in good and proper Repair by the Trustees thereof, or that any sudden Damage has occurred to such Navigation, or any of the Works connected therewith, it shall and may be lawful for such Lord Lieutenant or other Chief Governor or Governors, if he or they think fit, to signify the same to the said Commissioners of the Treasury, and thereupon it shall and may be lawful for such last-mentioned Commissioners in any such Case, if they think fit, on an Estimate being laid before them by the said Commissioners of Public Works, or any Two of them, setting forth what Repairs are necessary, and what Sum will be requisite for such Repairs, to direct that any such Sum or Sums of Money, or any Part thereof, be advanced and paid to the said Commissioners of Public Works out of the growing Produce of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to be applied under their Directions in such Repairs; and such lastmentioned Commissioners, or any Two of them, shall certify to the Lord Lieutenant or other Chief Governor or Governors of Ireland the Amount expended in such Repairs, with a view to the Repayment thereof as herein-after provided. XXX. Where under this Act any Amount is certified to the Lord Lieutenant or other Chief Governor or Governors of Ireland by the said Commissioners of the Treasury or the said Commissioners of Public Works, or any Two of them, to have been advanced or expended by such Commissioners respectively under this Act, the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors of Ireland, or in his Absence the Under Secretary, shall certify to the Secretaries of the Grand Juries of the Counties which or any Baronies or Townlands in which respectively are liable to contribute towards the Expense of maintaining the Navigation in respect of which the Advance or Expenditure was made, the Amount of Money so certified to the Lord Lieutenant or other Chief Governor or Governors to have been advanced or expended, and shall also certify the Proportions in which such Counties or any Baronies or Townlands therein respectively shall be chargeable with the Amount so advanced or expended, such Proportions to be the same as those in which such Counties, Baronies, and Townlands respectively are liable to contribute towards the Maintenance of such Navigation; and every such Certificate shall be laid before the Grand Juries of such Counties at the next Assizes after the Date thereof; and thereupon the Grand Juries of such Counties shall present the Amount stated in such Certificate to be paid to the Paymaster of Civil Services in Ireland, such Amount to be so presented by the said Grand Juries to be raised upon the respective Counties or Baronies or Townlands in conformity with such Certificate ; and in default of Presentment as aforesaid by the Grand Jury of any County the Treasurer of such County is hereby required, without any Presentment or Authority, when issuing his Warrant for levying Grand Jury Cess, immediately after the Assizes next ensuing the Date of such Certificate, to insert in a separate Warrant |