Drainage (Ireland). Warrant, to be by him issued for the Levy of the same, the Amount mentioned in such Certificate to be raised off such County, or the Barony or Baronies, Townland or Townlands therein mentioned; and such Amount as shall be so presented or included in any such Warrant as aforesaid shall be applotted, raised, and levied, sued for, and recovered, by such and the same Ways and Means as any Grand Jury Cess; and when and so soon as the Sum so to be presented or included in such Warrant as aforesaid shall be raised and received by the Treasurer of any such County, such Treasurer shall pay over the same to the Paymaster of Civil Services in Ireland, or in such Manner as the said Commissioners of the Treasury shall direct. XXXI. It shall be lawful for the Trustees for the Time being Power to Trusof any Navigation, by and with the Consent of the Grand Juries tees, with Conof the several Counties which or any Baronies or Town Lands sent of Grand in which respectively are liable to contribute to the Maintenance Juries, to dispose of Navigaof such Navigation, such Consent to be signified by Resolutions of tions. such Grand Juries at any Assizes, to dispose of such Navigation, together with the Tolls thereof, and the Locks, Weirs, and other Works thereto belonging, to any Person willing to purchase the same, and the Receipts of the said Trustees under their Seal and the Hands of any Three or more of them, for any Purchase Monies thereof, shall be sufficient Discharges for the same; and such Monies shall be paid to the Treasurers of the respective Counties which or any Baronies or Townlands in which contributed to the Expense of the Construction of such Navigation, in the Proportions in which such Counties, Baronies, and Townlands contributed thereto, to be placed by such Treasurers respectively to the Credit of their respective Counties, or such Baronies or Townlands therein, as aforesaid; and after such Disposition such Counties, Baronies, and Townlands shall cease to be liable to maintain such Navigation, and the Purchasers and their Assigns shall have all the Rights with respect to the said Navigation, Works, and Tolls, and otherwise, subject to the same Control, as the said Trustees would have had and been subject to. gulating Ma nagement, &c. XXXII. It shall and may be lawful for the said Trustees and Power to Trusthey are hereby authorized and empowered, from Time to Time tees to make and at all Times hereafter, to make such Byelaws as to them shall Byelaws for reseem meet and proper for regulating the Conduct and Management of the Business of the said Trustees, and Conduct of all Officers, Workmen, and Servants employed by them, and for the well and orderly using and preserving the Navigation of which they are Trustees and the Off-branches thereof respectively, and the Banks, Basins, Reservoirs, Tunnels, Locks, Sluices, and all other Works thereto respectively belonging, and for regulating the passing and re-passing of all Ships, Boats, Lighters, Barges, and other Vessels, and the carrying of all Goods, Wares, Merchandise, and Commodities which shall be navigated or conveyed thereon respectively, and for the orderly Behaviour of all Seamen, Boatmen, Watermen, Bargemen, and others who shall navigate such Ships, Boats, Barges, Lighters, and other Vessels upon such Navigation or the Off-branches thereof, or who shall be employed in carrying or con Drainage (Ireland). veying any Goods, Wares, Merchandise, or Commodities thereon, and for the Superintendence, Management, and Conservation of the said Navigations and Off-branches thereof respectively in all other respects whatever, and from Time to Time to alter or repeal all or any of such Byelaws, and to make others, and to impose such Fines and Penalties upon all Persons offending against any of such Byelaws as to the said Trustees shall seem reasonable, not exceeding the Sum of Five Pounds for any One Offence, any such Fine or Penalty to be recoverable on summary Conviction; which said Byelaws shall be reduced into Writing, and sealed by the said Trustees, and printed and published; and such of the same as shall subject any Person not being an Officer or Servant of the said Trustees to any Fine or Penalty shall be painted on Boards, and hung up and affixed and continued in some Place at or near which any Rates or Tolls shall be collected under this Act, and in such Places as to the said Trustees shall seem fit, and shall from Time to Time be renewed as often as the same or any Part thereof shall be obliterated or destroyed; and such Byelaws shall be binding upon and shall be observed by all Persons whatsoever, and shall be sufficient in all Courts of Law or Equity to justify all Persons who shall act under the same; provided that such Byelaws be approved of by a Judge of One of Her Majesty's Superior Courts of Record in Dublin. XXXIII. Provided always, That in all Cases of Prosecution for any Offence or Offences against any of the Byelaws of the said Trustees, the Production of a written or printed Paper purporting to be the Byelaws of the said Trustees, and authenticated by the Seal of the said Trustees, shall be Evidence of the Existence of such Byelaws. XXXIV. If any Person shall throw or deposit any Ballast, Gravel, or other Matter or Thing, so as to interrupt or obstruct the free Passage of Water or Vessels into, through, or in any of the said Navigations, or any of the Cuts, Sluices, or Canals, or any of the Off-branches, or shall, without the Consent of the said Trustees, lay any Ballast, Gravel, Stones, Dirt, Rubbish, Lime, Timbers, or Clay on any of the Banks, Locks, or Trackways of any of the Navigations aforesaid, or do any other Damage to the said Navigations or any of them, or if any Person shall maliciously open any Lock, Sluice, Dam, Gate, or Watercourse belonging to any of the said Navigations, or shall so leave any of the same open after any Boat has passed, or otherwise mis-spend or waste the Water of any of the said Navigations, every such Person on summary Conviction of any of the Offences aforesaid shall be subject to a Penalty not exceeding Ten Pounds. XXXV. If any Offence against or Breach of any Provision of this Act or any Byelaw made as aforesaid be continued, or be not abated, removed, or discontinued within Seven Days after Notice in Writing shall have been served on or left at the usual Place of Abode of the Person or Persons committing such Offence or Breach, requiring him or them to discontinue the same, every such Continuation shall be deemed and taken to be a separate and distinct Offence within the Meaning of this Act; and such Person shall Drainage (Ireland). shall on summary Conviction thereof be subject to a Penalty Penalty. not exceeding Five Pounds for each and every Day of such Continuation. execution of Powers of this XXXVI. If any Person or Persons shall wilfully prevent, Penalty on Perassault, or threaten to assault any of the Trustees for the Exe- sons assaulting cution of this Act, or any Engineer or other Officer, Servant, or Trustees, OffiWorkman acting in aid or under the Orders of any such Trustee cers, &c. in in the Execution of any of the Powers given by this Act, or shall injure, damage, or destroy any of the Piers, Quays, Landing Act. Places, Wharfs, Beacons, or Lighthouses, or any Work or Works connected with the said Navigations, or shall persist in doing so after having been required by the said Trustees or any of them, or any Person acting under them, not to do or continue to do any Matter or Thing injurious to any of the said Works, or shall do any other Matter or Thing prohibited by any of the Provisions of this Act, or any Byelaw made in pursuance thereof, any Person so offending shall for every such Offence, upon summary Conviction thereof, be subject to a Penalty not exceeding Five Pounds. Water. XXXVII. And whereas by means of the Works of the Com- Power to in'missioners of Public Works in Ireland, under the Act of the clude in Award Session holden in the Fifth and Sixth Years of Her Majesty, Lands formerly Chapter Eighty-nine, and the Acts since passed amending the covered with same, the Waters in certain Rivers and Lakes have been lowered so as to make Land formerly covered with Water profitable to the Proprietors thereof, and Doubts may exist as to the Power of the said Commissioners to include such Lands in their final Award, and charge the same with a Proportion of the Expense of the Works in the District in which such Lands so made ' profitable are situate:' It shall be lawful for the said Commissioners of Public Works in and by their final Award in any District to include any such Lands which may have been previously to the Commencement of the Works of the said Commissioners covered with Water and unprofitable, and to charge such Lands and the Proprietors thereof with a fair Proportion of the Expenses incurred by the said Commissioners in the Execution of the Works within any such District, in the same Manner as the other Lands within any such District. 6 Trustees for XXXVIII. And whereas by reason of the great Extent of Number of 'some Drainage Districts it may be expedient to appoint a greater Number of Trustees for the Maintenance of the Drainage Works than is authorized by the said Act of the Fifth and Sixth Years of Her Majesty' any Number The Number of Trustees to be appointed under the said Act not exceeding of the Fifth and Sixth Years of Her Majesty, for the Main- Fifteen. tenance of any Works of Drainage, may be any Number not exceeding Fifteen; and where before the passing of this Act Trustees have been appointed for the Maintenance of any such Works, the Number of such Trustees may at any Meeting, to be called in like Manner as a Meeting for the Election of new Trustees, be increased to any Number not exceeding Fifteen. XXXIX. The Rates for Maintenance of Drainage Works (as well as Instalments) recoverable by Civil Bill. Saving Rights of the Irish Society. Saving Rights of the Marquis of Donegal. 15 & 16 Vict. c. 63. 16 & 17 Vict. c. 7. 17 & 18 Vict. c. 8. When General Valuation completed, Assessments to be assessed according to final List. Drainage (Ireland). Grand Juries (Ireland). XXXIX. The Rates for Maintenance of the Drainage Works in any District in Ireland assessed by the Trustees for the Maintenance of such Works, as well as the Instalments payable under any final Award of the said Commissioners of Public Works, shall be recoverable by Civil Bill against the Proprietor for the Time being, within the Meaning of the said Act of the Fifth and Sixth Years of Her Majesty, of the Lands charged therewith, but without Prejudice to any Power now vested in the Trustees of such Drainage Works, or such Commissioners respectively, for the Recovery thereof. XL. Nothing in this Act contained shall extend to prejudice, diminish, alter, or take away any of the Rights, Privileges, Powers, or Authorities vested in or enjoyed by the Honourable the Irish Society, the Governors and Assistants, London, of the New Plantation in Ulster within the Realm of Ireland, under or by virtue of any Charter or Charters heretofore granted to them by the Crown, or of any Statute or Statutes in anywise relating thereto. XLI. Nothing herein contained shall be deemed, construed, or taken to affect, prejudice, or diminish any Estate, Right, Title, or Interest of the Most Noble the Marquis of Donegal, his Heirs or Assigns. CA P. LXIII. An Act to amend the Acts relating to Grand Juries in I. When the General Valuation of rateable Property has been or shall be completed in any County in Ireland, all Grand Jury Assessments to be made in such County shall be applotted and paid upon and in respect of the Property liable thereto by a Poundage Rate according to the net annual Value of the several Tenements and Hereditaments as set forth in the final List of such Valuation so completed, and when and so often as such Valuation shall be revised under the Laws in force for the Purpose of such Revision, all such Assessments as aforesaid shall thenceforward be applotted and paid upon and in respect of such revised Valuation. II. All Grand Juries (Ireland). Applotment to be made by County Trea surer. II. All Tolls of Roads, Bridges, Railways, Canals, Gas and Tolls of Roads, Water Works, and all other Hereditaments, Tenements, Premises, &c. liable to and Half Rents, which are liable to Rates for the Relief of the Poor Rates destitute Poor in Ireland, shall be liable to the Payment of Grand liable to Grand Jury Rates, &c. Jury Rates and County Cess, according to the annual Value thereof or the Amount of Half Rent payable in respect thereof, as the Case may be, as contained in the final Lists of Valuation. III. Such Applotment shall be made by the Treasurer of each County, anything in the Act of the Sixth and Seventh William the Fourth, Chapter One hundred and sixteen, or the Act of the Seventh and Eighth Victoria, Chapter One hundred and six, or any Act amending the said Acts or either of them, to the contrary notwithstanding, and shall be entered in a Book signed by such Treasurer, and by him kept open in his Office at all reasonable Times for public Inspection; and in making such Applotment by such Poundage Rate it shall not be necessary to take into account any smaller Fraction than the One Fourth of a Penny in the Pound; and wherever it should occur that the Poundage Rate has to be applotted on a less Amount of Value than One Pound, it shall not be necessary to take into account any smaller Amount of Value than One Eighth of a Pound; and no Rate or Assessment so made or applotted shall be vitiated or affected by reason of any Excess, Deficiency, or Difference between any Sum or Sums authorized to be applotted or raised and the Sum or Sums actually applotted, provided that the same shall have arisen from such Fraction of One Fourth of a Penny, or from no smaller Value than One Eighth of a Pound being rated. Treasurer to deliver Copy of Applotment to Collectors of County Cess, who shall pay Collections to County Treasurers. IV. The Treasurer of each County in which the Grand Jury Assessments shall have been applotted under this Act shall, within Two Months after he shall have received from the Clerk of the Crown the Copies of the Presentments of the preceding Assizes, make out and deliver to each Collector a fair Copy of so much of such Applotment as shall relate to the Barony, Division, or other District within which such Collector shall be authorized to collect Grand Jury or County Cess, and shall annex thereto under the Hand and Seal of such Treasurer a Warrant authorizing such Collector to collect and levy the respective Sums in such Copy mentioned, and upon Receipt thereof such Collector shall and may proceed to collect, levy, and enforce Payment thereof, and shall lodge the Amount collected from Time to Time in the County Bank to the Credit of the Treasurer of the County, and shall not at any Time retain in his Hands more than One hundred Pounds, but shall lodge the same in the County Bank with all convenient Expedition; and in all Actions and Proceedings for Recovery of In Actions as or in relation to any Assessment made or applotted under the to Assessments, Provisions of this Act the original Applotment Book, or the Copy Book, &c, to be Applotment of so much thereof as shall be delivered by any Treasurer to any Evidence. Collector of Grand Jury or County Cess, shall be received and taken, without further Proof or Oath, as prima facie Evidence of the due making of the Assessment and Applotment therein mentioned, and of the several other Matters and Statements therein respectively contained and set forth; and in the Absence of such Applotment |