The Dublin Corporation Waterworks;

• Jurisdiction: Ireland
• Judgment Date: 15 January 1866
• Date: 15 January 1866
• Court: Rolls Court (Ireland)

Rolls.

In the matter of THE DUBLIN CORPORATION WATERWORKS;

Ex parte Spear 11 Ir. Chan. Rep. 487.

Railway CompanyENR 14 M. & W. 627.

1865. Rolls. Nov. 29, 30. 1866. Jan. 15. 16 CHANCERY REPORTS. In the matter' of THE DUBLIN CORPORATION WATERWORKS; To the credit of the Right Hon. the Lord Mayor, Aldermen and Burgesses of Dublin, and of BROOKS PRIESTLY BILBOROUGH, interested in premises known as Clorah Mill, in the parish of Killiskey and county of Wicklow. A sum was THE sum of 4489. 5s. 7d. government new 3 per cent. stock, and stated in the draft award, 66. 4s. 4d. cash, stood in the Accountant-General's books to a and certified by the arbi- credit entitled "Dublin Corporation Waterworks, and to the credit trator, under the Railways of the Right Hon. the Lord Mayor, Aldermen and Burgesses of Act (Ireland) 1851, as the Dublin, and of Brooks Priestly Bilborough, interested in premises sum to be de posited in re- known as Clorah Mill, in the parish of Killiskey, county of WickÂÂspect to certain land required low.." byu f C a or the - A petition was presented by the Corporation, praying that so much tio construction of of the said government stock as should, at the price of the day, water-works. The sum was be equivalent to the sum of 2064. 16s. 6d. (said sum being the lodged by the Corporation, principal sum awarded to the said Brooks Priestly Bilborough by who went into possession. the final award of the arbitrator under the Railways Act (Ireland) The arbitrator by his final 1851, in respect of his interest in the said Clorah Mill, with award award ed a smaller 44. 6s. 6d., interest thereon at 5 per cent., from the 23rd of sum than that lodged in June 1865 until the 2nd of December 1865), be placed by the Court. Pend- Accountant-General to the credit entitled in the petition mentioned, ing a traverse, the Courtre- pay viz., " to the credit of the Right Hon. the Lord Mayor, Aldermen fused to out the differ- and Burgesses of Dublin ; in the matter of the Dublin Corporation ence to the Corporation. Waterworks 1861 ; to the credit of Brooks Priestly Bilborough, and The words " money to be- all and every other persons and person being owners or owner come payable by the corn. of or interested in all that and those the mill, lands, and pre.. pany under the known as Clorah Mill, situate in the parish of Killiskey award of the Daises, arbitrator," in and county of Wicklow, on the course of and using the waters the Railways Act (Ireland) of the river Vartry, below the reservoir authorised by said Dublin 1860, s. 4, are to be.construed as referring to an award not traversed. CHANCERY REPORTS. 17 Corporation Waterworks, 1861 ;" and that the balance of the 1865 Ro' said sum of 4489. 5s. 7d. government stock be transferred to lls. In re the Treasurer of the Corporation of Dublin, and that the Ac- DUBLIN CORPORATION countant-G-eneral should draw in favour of the said Treasurer WATERWORKS for the said sum of 66. 4s. 4d. standing to the credit first Statement. mentioned. The petition of the Corporation of Dublin stated the following facts :--- By the Dublin Waterworks Act, 1861, the petitioners were authorised, subject to the provisions of the Act, to take water from the river Vartry. The Lands Clauses Consolidation Act, 1845, and the Railways Act (Ireland) 1851, were incorporated with the special Act. • Joseph Fishbourne, Esq., was duly appointed arbitrator under the provisions of the Railways Act (Ireland) 1851; and the said Brooks Priestly Bilborough, in January 1862, claimed 12,353, as compensation for damage to his water-power at the Clorah mills, upon the said river Vartry, necessarily accruing upon the execution of the said works. On the 23rd of June 1865, the said arbitrator made his draft award under the Railways Act (Ireland) 1851; and by the said draft award the sum of 4039 was set down as the sum to be paid by the petitioners (the Corporation of Dublin), in respect of the damage done, or to be done, to the said Clorah mill, lands and premises, by reason of the abstraction of the waters of the river Vartry, or otherwise, by the execution of the works by the said Corporation; and Mr. Fishbourne the arbitrator granted a certiÂÂficate, dated the 28th of...