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Statutes of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_act/ba1813134.txt

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BRIDGES (IRELAND) ACT 1813

BRIDGES (IRELAND) ACT 1813 - LONG TITLE

An Act to amend an Act passed in Ireland in the Nineteenth and
Twentieth Years of his present Majesty for empowering Grand Juries
to present Bridges, and Tolls to be paid for passing the same, in
certain cases.{1}
[2nd July 1813]
Recital of Irish Act 177980 c.41.

WHEREAS an Act was made in the Parliament of Ireland holden in the
nineteenth and twentieth years of his present Majesty's reign,
intituled "An Act for empowering grand juries to present bridges,
and tolls to be paid for passing the same, in certain cases", and
doubts have been entertained whether lifting or portcullis bridges
are within the intent and meaning of the said Act; and whether if
such lifting or portcullis bridges could by law be built or erected
and maintained pursuant to the provisions of the said recited Act,
the persons undertaking or erecting any such bridge or bridges,
their heirs, executors, administrators, or assigns, can by law be
compelled to keep the navigation of any river whereon such bridge
or bridges should be erected free and uninterrupted for ever, and
to keep as well the lifting parts or portcullises of such bridge
or bridges, as the whole of such bridge or bridges in good and
sufficient order, repair, and condition, with proper attendants
thereon at their own proper costs, so as to permit ships, vessels,
and boats at all times to pass there through, and not to suffer
such bridge or bridges, portcullis or lifting bridge, or any part
of the same respectively by neglect to run into ruin and decay,
and thereby to impede or stop up the passage of such bridge or
bridges, or the navigation of any such bridge, or by means thereof
to compel the publick to consent that the lifting or portcullis of
such bridge or bridges may be removed, and the space over which
the same might be erected or made filled up or become solid: the
said recited Act and all the provisions therein contained shall
extend and be deemed and construed to extend to all and every
bridge or bridges having any portcullis or lifting parts as have
heretofore been built or proposed to be built or shall hereafter be
built or proposed to be built under the provisions of the said
recited Act; and that all persons building or proposing to build
any such bridge or bridges having any portcullis or lifting part
shall and may avail themselves of all powers and benefits to arise
by or from the same Act, and shall be subject to all clauses and
conditions of the said Act, as fully and effectually as if the
term and description of portcullis or lifting bridge or bridges, or
bridge or bridges having any portcullis or lifting parts had been
expressly named and inserted in the said Act.

Ss.2, 3 rep. by SLR (NI) 1954

BRIDGES (IRELAND) ACT 1813 - SECT 4
No ship shall pay any toll for passing through the opening of
bridges having a portcullis, &c.

4. Provided always, that when any bridge or bridges having any
portcullis or lifting part shall be erected under the provisions of
the said recited Act and this Act over any river, no ship or
vessel passing through the opening of such bridge (where such
portcullis or lifting part shall be) shall be subject or liable to
pay any tax or toll for such passage; and that it shall be a
condition and part of the contract to be entered into as aforesaid
by the person or persons proposing to build such bridge, that such
contractor or contractors, his heirs, executors, administrators, or
assigns, shall, at all times and seasons, at his and their own
costs, provide and procure the constant attendance of two or more
proper persons, as the construction of such bridge shall require,
sufficient for and for the purpose of working the portcullis or
lifting parts of such bridge, so as that all ships and vessels may
freely pass and repass through the opening of such bridge; where
such portcullis or lifting part shall be, without paying any toll
and without any expense or hindrance whatever.

BRIDGES (IRELAND) ACT 1813 - SECT 5
Persons injured by neglect of proprietors of bridges may sue for
damages.

5. Provided always, that it shall and may be lawful for any person
or persons to proceed at law against the proprietor or proprietors
of any bridge or bridges whatsoever, to obtain compensation for any
damage incurred by the neglect of such proprietor or proprietors,
any thing in the said recited Act or this Act notwithstanding.

Ss.6, 7 rep. by SLR (NI) 1954

BRIDGES (IRELAND) ACT 1813 - SECT 8
This Act and recited Act shall be construed together.

8. And the said recited Act shall stand and remain in full force
and effect, save only so far as the same is hereby altered or
amended; and this Act and the said recited Act shall be considered
as one Act, and be construed together as one Act, so far as the
same are not contradictory or repugnant to each other; and all
powers and provisions in the said recited Act contained shall be
applied and put in force in the execution of this Act as fully
and effectually to all intents and purposes as if the same were
repeated and re-enacted in this Act.


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URL: http://www.bailii.org/nie/legis/num_act/ba1813134.txt