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Statutes of Northern Ireland |
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You are here: BAILII >> Databases >> Statutes of Northern Ireland >> 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.