Bridges (Ireland) Act 1867

• Jurisdiction: Ireland
• Citation: 1867 c. 50
• Year: 1867

Bridges (Ireland) Act, 1867

(30 & 31 Vict.) C A P. L.

An Act to afford further Facilities for the Erection of certain Bridges inIreland .

[15th July 1867]

W HEREAS an Act was passed in the Session of Parliament holden in the Fourth and Fifth Year of the Reign of His late Majesty KingWilliam the Fourth, intituled An Act for the more effectually providing for the ^{Erection of}certain Bridges in Ireland, which Act was amended by another Act passed in the Session of Parliament holden in the Second and Third Years of the ^{Reign of Her present Majesty}, intituledAn Act to extend and amend the Provisions of the Acts for the Extension and Promotion of Public Works in Ireland, and for the Recovery of Public Monies advanced for the Use of Counties, Parishes, and other Districts in Ireland on the Faith of Grand Jury Presentments and Parochial Assessments :

And whereas it is expedient to amend the same, and to afford Facilities for the Purchase or taking of any Property in any Bridge or Ferry, or in the Tolls thereof, which may be necessary for the Purposes of the said Acts, and for making Presentment for the Monies requisite therefor:

Be it therefore enacted by the Queen'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, as follows:

1 Extent of Act.

1. This Act shall extend only toIreland .

2 Interpretation.

2. In the Construction of this Act the Expression ‘Lord Lieutenant’ shall mean Lord Lieutenant or other Chief Governor or Governors ofIreland .

3 Power to Grand Jury to apply by Memorial for Powers to purchase Property in Bridges, &c.

3. Whenever, for the Purpose of making or improving any Bridge under the Provisions of the recited Acts, it shall be necessary to purchase or take the Property in any Bridge or Ferry or the Tolls thereof, it shall be lawful for the Grand Juries of the respective Counties between which the said Bridge is proposed to be made, or between which the said Bridge is situate, to consent to the Purchase or taking of such Property for the Purposes aforesaid, subject to the Provisions of this Act, and to signify such Consent by a Resolution entered on the Record of their Proceedings.

When such Grand Juries shall have signified such Consent as aforesaid it shall be lawful for either of such Grand Juries to state in the Memorial under the Provisions of the first-recited Act, in addition to the Matters by the said Act required, the Nature and Particulars of the Property necessary to be purchased or taken as aforesaid, the Necessity therefor, and the Consent of the said Grand Juries thereto, as aforesaid; ^andthereupon it shall be lawful for the Lord Lieutenant to direct that the Person or Persons to be appointed under the Provisions of the said Act shall, in addition to the Matters by the said Act directed, inquire into the Necessity and Propriety for the Purposes of the said Work of purchasing or taking the said Property, and the probable Cost of such Purchase, and thereupon all the Provisions of the recited Acts, save so far as they are expressly altered or varied by this Act, shall extend and be applicable thereto.

4 Lord Lieutenant empowered to order Property to be purchased or taken.

4. It shall be lawful for the Lord Lieutenant, if the Person or Persons directed to make Inquiry as to the Necessity and Propriety of the Purchase of the said Property shall so recommend, when he shall make an Order under the Fourth Section of the first-recited Act, to order that the said Property shall be purchased or taken subject to the Provisions of this Act, and for the Purposes thereof.

5 Secretary of Grand Jury to make out Statement of Property.

5. When the Lord Lieutenant shall have made such Order as aforesaid, the Secretary of the Grand Jury which shall have presented the said Memorial shall cause to be made out a Statement of the Nature of the said Property, together with the Names of the Owners or reputed Owners, Lessees or reputed Lessees thereof, and shall deposit the said Statement at the Office of the Commissioners of Public Works inIreland .

6 Power to appoint a Valuator.

6. After such Deposit at the Office of the said Commissioners as aforesaid, it shall be lawful for the said Commissioners, on the Requisition of the Lord Lieutenant, to appoint a fit Person to be a Valuator for the Purpose of ascertaining the Value of the Property to be purchased or taken under this Act, and to fix the Remuneration to be paid to him; and if any such Valuator die, or refuse or become incapable to act, the said Commissioners may, as often as the same may happen, appoint a Valuator in his Place, who shall have the same Powers and Authorities as the Valuator first appointed.

7 Valuator may call for Documents and administer Oaths.

7. The Valuator may call for the Production of any Documents in the Possession or Power of the said Grand Juries, or of any Person on their Behalf, or of the Owners of the Property to be purchased or taken under the Provisions of this Act, which such Valuator may think necessary for determining any Question or Matter to be determined by him under this Act, and may examine Witnesses on Oath, and administer the Oaths necessary for that Purpose.

8 Valuator to make and subscribe Declaration.

8. Before the Valuator shall enter upon any Inquiry, he shall in the Presence of a Justice of the Peace make and subscribe the following Declaration:

'IA.B. do solemnly and sincerely declare, That I will faithfully and honestly, and to the best of my Skill and Ability, bear and determine the Matters referred to me under the Provisions of ‘The Bridges (Ireland ) Act.’

Made and subscribed in the Presence of .'

And such Declaration shall be annexed to his Award when made, and if any Valuator, having made such Declaration, shall wilfully act contrary thereto, he shall be guilty of a Misdemeanor.

9 Statement deposited to be delivered to Valuator.

9. Upon the Appointment of a Valuator as aforesaid, the said Commissioners of Public Works inIreland shall deliver to such Valuator the Statement deposited at their Office, as herein-before required; ^andthe said Commissioners shall forthwith after such Appointment cause to be published a Notice of such Appointment and of such Deposit as aforesaid once in theDublin Gazette , and once in each of Two successive Weeks in some One or more Newspapers circulated in the said Counties, stating the Time and Place of such Deposit, and requiring the Owners of the Property to be purchased or taken for the Purposes of this Act, and specified in such Statement, to deliver to the Valuator, on or before a Day fixed by the Valuator, and named in such Notice (and which Day shall not be earlier than Seven Days from the Date of the Insertion of the last of such Newspaper Notices), a short Statement in Writing of their Claims in respect thereof; and upon the Appointment of any Valuator in the Place of a Valuator dying, or refusing, declining, or becoming incapable to act, all the Documents relating to the Matter of the Valuation which were in the Possession of such Valuator shall be delivered to the Valuator appointed in his Place, and the said Commissioners shall cause to be published a Notice of such Appointment in the Dublin Gazette .

10 Valuator to adjudicate upon Price to be paid for Property.

10. The Valuator shall, after the Expiration of the Period within which such Claims ire required to be delivered to him as aforesaid, proceed to inquire into and adjudicate upon the Value of such Property, and the Purchase Money to be paid for same; and the Valuator shall, after due Inquiry and Examination, frame a Draft Award setting forth the Price or Compensation to be paid for the Property so required; and such Draft Award shall be deposited as herein-before directed concerning the Statement aforesaid; and the Valuator shall cause Notice of such Draft Award to be given to the Persons who shall be entitled to Payment under the same, if such Persons be known to the Valuator, or who shall have been heard before such Valuator as Claimants for Compensation, and shall also cause Notice to be published of such Draft Award once in theDublin Gazette , and once in each of Two successive Weeks in some One or more Newspapers circulated in the said Counties, and shall in such Notices appoint a Time and Place or Times and Places for holding a Meeting to hear Objections against any such Draft Award (such Meeting to be not earlier than Ten Days after the First Day of Publication of the said Notice), and shall hold such Meeting accordingly, and thereat shall hear and determine any Objections which may then and there be made to any such Draft Award by any Person interested therein, or adjourn the further Hearing thereof, if the Valuator shall think fit, to a future Meeting, and may take any Measures which he may deem proper for ascertaining the Value of any such Property, and may from Time to Time, if he shall see Occasion so to do, appoint and hold further Meetings for hearing and determining Objections to any such Draft Award; and when the Valuator has heard and determined all such Objections, and made such Inquiries as he may think necessary in relation thereto, and made...