The Waterford Bridge Commissioners v Corporation of Waterford and The Attorney-General

JurisdictionIreland
JudgeM. R.
Judgment Date27 February 1905
CourtCourt of Appeal (Ireland)
Date27 February 1905
The Waterford Bridge Commissioners
and
Corporation of Waterford and the Attorney-General.

M. R.

Appeal.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1905.

Bridge — Navigable and tidal river — Bridge erected under Act of Parliament — Pre-existing ferry — Purchase of — Right to build new bridge without purchase of old one, or without compensation — Bridges (Ireland) Acts, 1834, 1867, and 1875 (4 & 5 Wm. 4, c. 61; 30 & 31 Vict. c. 50; 38 & 39 Vict. c. 46).

In 1786 an Act was passed by the Irish Parliament to provide for the erection of a bridge at Waterford over the river Suir, a navigable, tidal river, which divided the counties of Kilkenny and Waterford.

The Act authorised certain persons, who were to be formed into a corporation, to raise, by debentures of £50 each, a sum of £30,000; it conferred on them the power of buying up an existing ferry, and of building a bridge, for the use of which they might charge tolls, the produce of which, after repairing, lighting, and watching the bridge, and maintaining any ferry they might

establish, was to be divided among the debenture holders. The Act specified certain limits within which the bridge was to be built, and it provided that after the bridge was finished the passage over it was to be open and used as a common highway for ever. Remedies were provided for enforcing payment of the tolls, and there was a prohibition, under a penalty, of any person keeping boats to ply for hire within the defined limits.

The money was subscribed, the ferry was bought up, the bridge was built and opened for traffic in 1794. In consequence of the growth and increase in traffic, the bridge had become unsuitable for modern requirements.

In 1902 the Corporation of Waterford applied by memorial to the Lord Lieutenant, under the Bridges Act, 1834 (4 & 5 Wm. 4, c. 61), and the Acts amending the same, to enable them to erect a new bridge over the river, within the prescribed limits, without offering to purchase the rights of the plaintiffs, the corporation who owned the bridge. A commission was appointed to inquire into, and report on, the matter, and in their report they rejected the site proposed by the defendants, and recommended one close above the plaintiffs' bridge; but they expressed the opinion that a free bridge could be erected without incurring any liability to purchase the plaintiffs' rights in the bridge.

In an action brought for a declaration as to the plaintiffs' rights:—

Held (by the Master of the Rolls and the Court of Appeal), that the defendants were not entitled to erect a new bridge within the prescribed limits without purchasing the plaintiffs' rights, or otherwise compensating them.

By Letters Patent of 13th February, 1695, King William III. granted to James Roch, his heirs, and assigns, certain ferries, and, among others, the ferry of Waterford, subject as to the ferry of Waterford to the rent of £4 10s. Irish currency.

Down to the year 1786 this ferry afforded the only direct means of communication between the city of Waterford, at the south side of the river Suir, and the county of Kilkenny, and places beyond the same on the north side of the river.

In 1786 an Act was passed by the Irish Parliament (26 Geo. 3, c. 58) sanctioning the building of a bridge over the Suir at Waterford, by which, after reciting that the building a bridge over the said river at Waterford would tend to increase the trade of said city, and by uniting the provinces of Leinster and Munster, promote agriculture, and be of public utility; it was, among other things, enacted as follows:—

Section 1. The governor of the county of said city and certain other persons named should open a subscription for building such a bridge, which subscription should be kept open until the sum of £30,000 should be subscribed.

Section 5. The subscribers should be united into one company for the building of said bridge, and be one body politic and corporate by the name of the Commissioners for building a bridge over the river Suir at Waterford, and have perpetual succession, and should be empowered to design and lay out in what manner said bridge should be built, and over what particular part of said river; provided that the said bridge should not be built lower down at the east end of said city than Thomas-street, and that twenty-one days' previous notice should be given in the Waterford newspaper of the day on which the site of the bridge was to be determined, and the said Commissioners should be empowered to build said bridge.

Section 6. The sum to be raised for the purpose of building the bridge should be raised by debentures.

Sections 11, 12, and 13 provided that the Commissioners should, before building the bridge, compensate the owners of the ferry, who were then to convey their interest to the Commissioners.

Section 17 enabled the Commissioners to take as tolls the sums specified in the Act, and the money so to be raised was to be vested in the Commissioners and their successors for ever, and should be applied to the purposes thereinafter directed.

Section 19 provided that the Commissioners, from the time they should purchase the said ferry, might establish, keep, and maintain the said ferry, or one or more other ferry, or ferries, with boats to ply for hire across the river, with the like powers to take and recover tolls as was given for tolls of the bridge.

Section 21 provided that the ferry or ferries should not be established higher up the river than Bilberry Rock, nor lower down than the entrance of St. Catherine's Pill.

Section 22 provided—In order to encourage persons to subscribe to said undertaking, the entire produce of the said tolls and duties, after payment of the sums which might be borrowed in pursuance of the Act, and the interest thereof, and after the expense of repairing, enlightening, and watching said bridge, and maintaining, supporting, and keeping said ferry or ferries, should be proportionably divided between the persons holding such debentures, according to the value of their respective debentures, every six months for ever.

Sections 27 and 28 provided that the Commissioners might demise the tolls and mortgage the same as in the Act mentioned.

Section 34 provided that no person should keep or maintain any boats to ply for hire across the said river at any place between Bilberry Rock and St. Catherine's Pill, or to carry or convey any passenger or passengers, cattle, carriages, or goods, which was or were subject or chargeable with toll or duty by the Acts, over or across the river, except with consent of the Commissioners, subject to a penalty of £5.

Section 39 provided that, to the intent that the passage over the said bridge might always be kept open and rendered safe and commodious, and be clear of buildings as therein mentioned, after the bridge was finished and completed, as to the said Commissioners should seem meet, the passage over the same should be open, and be deemed and used as a common highway for ever.

Bilberry Rock is a large, steep cliff, extending for a distance of 500 or 600 yards on the southern bank of the said river, and above and westward of the town of Waterford. St. Catherine's Pill is at the eastern end of the town. The river is navigable to the largest ships for some distance above Waterford, and is tidal and navigable by smaller vessels up to Carrick-on-Suir, about eighteen miles higher up.

Pursuant to the provisions of the Act, and on the faith of the rights thereby conferred, divers persons subscribed the said sum of £30,000, and became united in the plaintiff Company, and the plaintiffs expended the sum in the purchase of the said ferry, and the erection of a bridge, according to the provisions of the Act.

By indenture, dated the 24th June, 1793, Cornelius Grogan (in whom the estate and interest of the said James Roch in the ferry were then vested), in consideration of £13,000 paid to him by the plaintiffs, granted unto the plaintiffs, their successors and assigns for ever, the ferry and all its perquisites.

The site of the bridge was the best and probably the only one suitable for the erection of a bridge across the said river at Waterford, which lies on both sides of the river. Nearly the entire of the business portions of the town at both sides of the river lie to the east of it, and the waterway to the principal quays is unobstructed. It is the most westerly point at which a bridge could, with advantage, have been constructed. Opposite to Bilberry Rock, and on the northern side of said river, is a similar rock, or cliff, and these rocks, or cliffs, prevent the extension of the town up the river in a westerly direction. The bridge is a timber bridge, supported on piles of American oak, driven into the bed of the river, and crossing the same at right angles. It was 738 feet long, and about 40 feet wide, including two footpaths with a hand or cart rail. It had some 37 spans, varying from 15 to 20 feet. Near its centre the said bridge consists of a double opening portcullis or drawbridge, some 40 feet wide, through which vessels of large capacity can pass to the wharves above the bridge, the upper water of the river being thus left open for traffic of all kinds.

The bridge was opened for traffic in January, 1794, and the plaintiffs have ever since repaired, preserved, and lighted the same, and kept it open for traffic. The plaintiffs have also provided and maintained a regular service of ferry boats across the river near the eastern end of the city. The said bridge and boats afford the only means of crossing the said river at or near the said city.

The Commissioners subsequently bought up the Crown rent of £4 10s. Irish currency, payable to the Crown, and the same was conveyed to them by the Commissioners of Woods and Forests by indenture dated the 24th August, 1829.

The Poor-law valuation of the bridge was £3600, and the...

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