Pembroke Township Act 1863

by Parliament of the United Kingdom

ANNO VICESIMO SEXTO & VICESIMO SEPTIMO VICTORIA REGINA. Cap. lxxii.

An Act for the Improvement of Pembroke Township, comprising Baggotrath, Donnybrook, Sandymount, Ringsend, and Irishtown in the Barony of Dublin and County of Dublin. [22d June 1863.]

Preamble

WHEREAS the District of Baggotrath, Donnybrook, Sandymount, Ringsend, and Irishtown in the Barony of Dublin and County of Dublin comprises several Villages, and is a large, populous, and improving District, and the Population thereof has of late Years greatly increased and is increasing, and it would conduce to the Health and Welfare of the Inhabitants of the District, and would be of public Advantage if the District were formed into a Township and Provision were made for the lighting, paving, sewering, draining, cleansing, supplying with Water, and otherwise improving and regulating of the Township, and if Commissioners were appointed for the Purpose with adequate Powers and Authorities : And whereas the Objects of this Act cannot be attained without the Authority of Parliament : May it therefore please Your Majesty that it may be enacted ; and be it 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 ; (that is to say,)

Sections

1. Short Title.

This Act may for all Purposes be cited as " Pembroke Township Act, 1863."

2. 8&9 Vict. c. 18 and 23&24 Vict. c. 106. incorporated.

"The Lands Clauses Consolidation Act, 1845," and " The Land Clauses Consolidation Acts Amendment Act, 1860," (save so far as any of the Sections and Provisions of those Acts respectively are expressly excepted or are varied by this Act,) are incorporated with this Act: Provided, that this Act shall not authorize the Purchase or taking of any Lands otherwise than by Agreement.

3. 17&18 Vict. c. 103. incorporated.

" The Towns Improvement (Ireland) Act, 1854," (save so far as any of the Sections and Provisions of that Act are expressly excepted or are varied by this Act,) is incorporated with this Act, and shall have Effect as if that Act had been duly adopted for the Township within the Limits of this Act, and the Adoption thereof had been duly approved by the Lord Lieutenant with the Advice of the Privy Council : Provided, that the following Sections of that Act are not incorporated with this Act ; (that is to say,) Sections Four to Twenty-one, both inclusive, and so much of Section Twenty-two as defines the Qualification of Electors at Elections of Commissioners, and Sections Twenty-five, Seventy, Seventy-eight to Eighty-nine, both inclusive, and Ninety-four, and Ninety-eight.

4. 10&11 Vict. 15 cc. 14, 15, & 17. incorporated.

"The Markets and Fairs Clauses Act, 1847," and "The Gas Works Clauses Act, 1847," and the several Provisions "with respect to the Supply of Water by the Undertakers," and " with respect to Communication Pipes to be laid by the Inhabitants," and " with respect to the Payment and Recovery of the Water Rates," of " The Waterworks Clauses Act, 1847," (save so far as any of the Sections and Provisions of those Acts respectively are expressly excepted or are varied by this Act,) are incorporated with this Act : Provided, that this Act shall not authorize the making of any Gasworks.

5. Same Meanings to Words in incorporated Acts as in this Act

The several Words and Expressions to which by the Acts in whole or in part incorporated with this Act Meanings are assigned have in this Act the same respective Meanings, unless excluded by the Subject or Context : Provided that the Word "Town" in "The Towns Improvement (Ireland) Act, 1854," means for the Purposes of this Act the Pembroke Township to which this Act relates.

6. "Pembroke Township."

The Lands, Villages, and Hereditaments comprised within the Limits of this Act shall from and after the Commencement of this Act and for the Purposes thereof be a separate and distinct Township by the Name of "the Pembroke Township," and this Act shall for all the Purposes thereof be put in force within those Limits.

7. Limits of Act

The following are the Limits and the Boundaries of the Pembroke Township ; (that is to say,) the Boundary commences on the North at Ringsend at the Junction of the Cambridge Road with the South Wall Road, and runs from thence Westward along the South Side of the South Wall Road to the Municipal Boundary of the City of Dublin ; thence following the Municipal Boundary to Ringsend Bridge, and by Ringsend Road, Barrow Street, Grand Canal Street, and the Grand Canal to a Point on the South-east Bank of the Canal at Mespil, where the Municipal Boundary and the Boundary of the Rathmines Township and the Boundary of the Barony of Dublin unite ; thence Southward along the Baronial and Township Boundary to the North Point of the Townland of Milltown ; thence following the Boundary of the Barony of Dublin until it strikes the River Dodder ; thence crossing the Dodder it continues to follow the Barony of Dublin Boundary until it meets the Boundary of the Parish of Booterstown at Merrion; thence following the Parochial Boundary until it crosses the Dublin and Kingstown Railway, thence Northward and Westward along the outer or Sea Side of the Embankment of the Railway to Merrion Gate ; thence along the in or Western Side of the Sea Wall of Merrion and Sandymount, Irishtown and Ringsend, until it meets the Cambridge Road, and thence along the Southern Side of the Cambridge Road until it meets and terminates at Ringsend at the Junction of the Cambridge Road with the South Wall Road: and the Lands, Villages, and Hereditaments constituting the Pembroke Township are — situate within the Townlands of South Lotts, Baggotrath North, Beggars Bush, Ball's Bridge, Baggotrath East, Baggotrath, Forty Acres, Donnybrook West, Donnybrook East, Clonskeagh, Roebuck, Smott's Court or Simmon's Court, Merrion, Sandymount, Irishtown, and Ringsend, in the Parishes of St. Mark, St. Peter, and St. Mary's Donnybrook, otherwise Donnybrook and Taney, in the Barony of Dublin and County of Dublin.

8. Commencement of Act

This Act shall commence and have Effect on and after the First Day of September next after the passing thereof.

9. Commissioners of Township incorporate.

The Commissioners named in this Act and their Successors from Time to Time elected under this Act shall be One Body Corporate by the Name of " the Pembroke Township Commissioners," and by that Name shall have perpetual Succession and a Common Seal, and Power to purchase, take, hold, and dispose of Lands, Goods, Chattels, and other Property for the Purposes but subject to the Restrictions of this Act.

10. Number of Commissioners

The Number of the Commissioners shall be Fifteen, of whom One shall be an ex-officio Commissioner, namely, the Agent of the Pembroke Estate within the Township whenever there is such an Agent and the others shall be elected Commissioners.

11. First Commissioners.

Francis Salmon Esquire, Sandymount, Joseph Boyce Esquire, Michael Murphy Esquire, Nelson Street, Dublin, Edward Wright Esquire, Donnybrook, John Hawkins Askins Architect and Builder, Sandymount, Patrick Leahy Esquire, Sandymount, Andrew Rogers Esquire, Merrion, John Bernard Doyle Esquire, Sandymount, Bartholomew M. Tabuteau Esquire, Donnybrook, Edward H. Carson Architect, Robert Stanley Esquire, Mespil, Patrick Sullivan Builder, Upper Baggot Street, Dublin, John Dempsey, Esquire, Upper Rathgar Road, and James R. Atkin Esquire, Sandymount, shall be the first elected Commissioners under this Act, and shall retire from Office by rotation in accordance with the Provisions in that Behalf of " The Towns Improvement (Ireland) Act, 1854," incorporated with this Act, and John Edward Vernon Esquire, the Agent of the Pembroke Estate within the Township, or failing him Joseph Boyce Esquire, if he continues a Commissioner, shall be the Chairman of the Commissioners until and at the First Election of Commissioners under this Act ; and the Fifteenth Day of November shall be the Day for the yearly Retirement and Election of Commissioners : Provided, that the Fifteenth Day of November One thousand eight hundred and sixty-six shall be the Day for the First Retirement and Election of Commissioners.

12. Qualification of Commissioners.

The Qualification of a Commissioner, whether named in or elected under this Act (except the ex-officio Commissioner), shall be his being resident within the Township, and being rated for the Relief of the Poor therein to the yearly Sum of Thirty Pounds or upwards, or, if non-resident, his being seised or possessed, or in the Enjoyment of the Rents or Profits of Lands, Tenements, or Hereditaments of the yearly Value of Two hundred Pounds or upwards within the Township.

13. Qualification of Voters for Commissioners.

The Commissioners to be elected under this Act shall be elected by all Male Persons of full Age, who are immediate Lessors of Lands, Tenements, or Hereditaments within the Township of the yearly Value of Fifty Pounds or upwards, according to the last Poor Law Valuation and whose Names have been on the Township Rate Book as immediate Lessors for Three Months at least before the Day for the Election and by all Male Persons of full Age, respectively rated to the Relief of the Poor, for any Lands, Tenements, or Hereditaments within the Township to the yearly Value of Ten Pounds or upwards, who, on or before the Fifteenth Day of July next, before the Day for the Election have occupied the Lands, Tenements, or Hereditaments in respect whereof they respectively Claim to vote for not less than Three Months : Provided, that no Person shall be qualified to vote unless he before voting have paid up all Pates for the Relief of the Poor, and under this Act payable by him within the Township, except those which are assessed within Three Months next before the Day for the Election.

14. Notice of Nomination for Election as Commissioner.

Every Person intending to become a Candidate, and every Person intending to propose a Candidate, at any Election of Commissioners, shall, by Writing under his Hand left at the Office of the Commissioners for Election Five Days at least before the Day for the Election, signify his Intention to become a Candidate, or, as the Case requires, his Intention to propose a Candidate, and the Name and Place of Abode of the Candidate intended to be proposed by him.

15. First Meeting of Commissioners.

The Commissioners shall hold their First Meeting at the Office of the Pembroke Estate, Wilton Place, Dublin, at Eleven o'Clock in the Forenoon on the Day of the Commencement of this Act, and may and shall then and thenceforth put this Act in execution.

16. Justice not disqualified as to Rates by being Commissioner.

A Person shall not be incapable of acting as a Justice in the Execution of this Act by reason of his being a Commissioner, or liable to Assessment under this Act.

17. Power to purchase Lands.

The Commissioners from Time to Time, but only by Agreement, may purchase, take on Lease, or otherwise acquire any Lands within the Township which they think requisite for any of the Purposes of this Act, and may hold, use, and enjoy the same accordingly.

18. Appointment of Officers.

The Commissioners may appoint a Surveyor for the Township, and a Registrar or Secretary, and subordinate Officers to superintend, manage, and conduct the Business of the Township, and may dismiss any of the Officers and appoint others in their Stead, or may discontinue any of the Officers, and may pay them such Salaries or Fees as the Commissioners from Time to Time deem fit out of the Township Rate to be levied under this Act ; and Alexander Weir, the present Collector of the Barony of Dublin, shall be the First Collector appointed under this Act, and the Commissioners shall, with respect to the said Alexander Weir, possess and exercise such Rights, Powers, and Authorities as are now vested in the Grand Jury and Finance Committee of the County of Dublin respectively with respect to the said Alexander Weir as the Collector of the said Barony.

19. Width of Streets.

It shall not be lawful to build in any Street formed after the Fifteenth Day of November One thousand eight hundred and sixty-three, in the Township any House or Row of Houses unless the House or Row be at least Thirty Feet from the Centre of the Road save with the Consent of the Commissioners.

20. Roads, &c. in Township exempted from Jurisdiction of Grand Jury and placed under Commissioners.

Except as is by this Act otherwise expressly provided, the Grand Jury of the County of Dublin shall not have any Jurisdiction, Power, or Authority with respect to the making or maintaining of any Road or Bridge or Footpath within the Township, save as to existing Contracts, as by this Act provided, but all Roads and Bridges and Footpaths within the Township shall be made and maintained by the Commissioners at the Cost of the Township.

21. Commissioners to have same Power as Grand Jury for making Roads &c.

The Commissioners shall have from Time to Time under this Act all and the like Jurisdiction, Power, and Authority with respect to Roads, Bridges, Footpaths, and other Public Works within the Township which the Commissioners are by this Act authorized and empowered to make and maintain as by the Acts of the Session of the Sixth and Seventh Years of William the Fourth, Chapter One hundred and sixteen, and the Session of the Seventh and Eighth Years of Her present Majesty, Chapter One hundred and six, are on the Commencement of this Act vested in the Grand Jury.

22. Provision as to Road from Dublin to Kingstown and Bray.

With respect to that Portion of the Road leading from the City of Dublin to Kingstown and Bray, and the Maintenance and Repair of which is provided for by Section One hundred and seventeen of the Act of the Session of the Seventh and Eighth Years of Her present Majesty. Chapter One hundred and six, nothing in this Act contained shall affect or interfere with the Control, Rights, Liabilities, and Powers of the respective Grand Juries of the City and County of Dublin to contract for the Maintenance and Repair of the Road ; and the Township shall pay and contribute to the Grand Jury of the County of Dublin towards the Cost of maintaining and repairing the Road so much of the Cost by that Act made chargeable on the Barony of Dublin as the Valuation of the Lands and Premises comprised within the Township bears to the gross Valuation of the Barony of Dublin.

23. Subsisting Contracts for Public Works within the Township vested in Commissioners.

All Contracts made and entered into by and between any Person and the Grand Jury or any Person on their Behalf for Public Works wholly within the Township, and subsisting at the Time of the Commencement of this Act, shall be and continue in full Force, and the Commissioners as representing in that Behalf the Grand Jury and all such Persons respectively shall be bound by and be liable to execute and perform and be entitled to enforce the same according to the Terms and Conditions of the respective Contracts; and the Grand Jury shall be by this Act freed from all Liability in respect thereof, and all the Powers and Authorities at the Time of the Commencement of this Act vested in the Grand Jury and their Officers for the due Supervision and Execution of the Works according to the respective Contracts are by this Act transferred to and vested in the Commissioners : Provided, that this Section does not extend to the building of Sandymount Bridge, but that Bridge when built shall be maintained by the Commissioners.

24. Grand Jury not to present for repairing Roads, &c. within the Township.

After the Commencement of this Act the Grand Jury shall not make any Presentment with respect to any Road or Bridge or Footpath or other Work within the Township, and the Township shall not be chargeable with the Cost of making or maintaining any Road or Bridge or Footpath not within the Township : Provided, that this Section does not interfere with or in any way prevent the Grand Jury from presenting, raising, and levying the Instalments for building Sandymount Bridge, or the Expense of any Road, Bridge, or Footpath, or other Work presented on the County at large.

25. Warrants in force at Commencement of Act to continue.

Provided, That all Warrants issued by the Finance Committee of the County of Dublin before the Commencement of this Act for the Collection of Public Monies off the Township shall remain in full Force and Effect until the several Collections thereunder be fully completed.

26. No Part of the Salary of County Surveyors to be levied on Township

After the Commencement of this Act, the Grand Jury shall not present the whole or any Part of the Salary of any County Surveyor appointed by them to be raised or levied on the Township, but all such Salaries shall be borne and paid by such Part of the County at large, exclusive of the Township, as is from Time to Time liable thereto, and shall be apportioned thereon accordingly.

27. Payment of Grand Jury Cess chargeable on the Township

The Finance Committee of the County of Dublin, in estimating and apportioning the Amount to be levied off the Township, whether on account of Baronial Charges or Charges on the County at large, shall exclude all Charges presented by the Grand Jury, from which the Township is by this Act exempted, and shall make out a separate Warrant for the Sum, properly assessable upon the Township, after allowing the Exemptions, and within Ten Days after the making thereof shall deliver at the Office of the Commissioners a Copy of the Warrant, and the Amount sec forth in the Warrant shall be the First Charge on the Pembroke Township Rate under this Act, and the Commissioners shall pay the same in Two equal Payments, One within Two Months after the Delivery of the Copy of the Warrant, and the other within Eight Months after the Delivery thereof.

28. Manner of enforcing Payment.

In case either Payment be not made to the Finance Committee within the prescribed Period, they may transmit a Copy of the Warrant to the Collector of the Barony, adding thereto a Sum not exceeding Two Shillings in the Pound for the Expenses of applotting and collecting the Amount therein expressed ; and the Collector shall thereupon proceed to have the same applotted upon the Ratepayers of the Township, and may and shall levy and recover the same in like Manner as is provided by the Act of the Session of the Seventh and Eighth Years of Her present Majesty, Chapter One hundred and six, and shall have the like Powers of applotting, levying, and recovering the same as are given by that Act or any other Acts now in force and applicable in that Behalf as fully to all Intents and Purposes as if this Act were not passed.

29. Power to Commissioners to establish Markets

The Commissioners from Time to Time may establish in the Township such Market or Markets for the Sale of such marketable Commodities as they think fit, and may maintain and regulate the Markets.

30. Power to Commissioners to provide Market Places.

The Commissioners from Time to Time, on Lands vested in them. may make, provide, maintain, and regulate such Market Houses or Market Places in the Township, with all necessary Buildings, Stalls, Pens, Works, Approaches, Conveniences, and Appurtenances, as they think fit, and may appropriate the same respectively fir the Sale therein of such marketable Commodities as they think fit.

31. Power to Commissioners to enlarge Market Places.

If and whenever the Commissioners so think fit, they may alter Appropriation of any Market House or Market provided under this Act, and may enlarge and improve any such Market House and Market Place, and maintain and regulate the same when enlarged and improved.

32. Power to Commissioners to license Porters.

The Commissioners from Time to Time may license, for not exceeding One Year, any Number of Porters, Basket Men and Basket Women they think proper, to ply for Hire and to be employed in and about the Market Houses and Market Places of the Commissioners; and no Person shall ply for Hire there as Porter, Basket Man, or Basket Woman without the Licence, under a Penalty not exceeding Twenty Shillings for every such Offence; and the Porters, Basket Men and Basket Women shall be subject to all Byelaws for their Regulation and Government from Time to Time made by the Commissioners.

33. Fee for Licence.

For every such Licence there shall be paid to the Clerk or other person appointed by the Commissioners any Sum they direct, not exceeding Two Shillings.

34. General Market Tolls as in Sched. (A.)

The Commissioners from Time to Time may demand and take from every Person being the occupier of any Shop, Stall, Stand, Bench, or Place, in any Market House or Market Place provided under this Act, any Tolls which the Commissioners from Time to Time think fit, not exceeding the General Market Tolls specified in the Schedule (A.) to this Act annexed.

35. Wholesale Market Tolls as in Sched. (B.)

The Commissioners from Time to Time may demand and take from every Person bringing into any Market Place provided under this Act any Waggon or Cart, or pitching in the Market Place any marketable Commodities, any Tolls which the Commissioners from Time to Time may think fit, not exceeding the Wholesale Market Tolls specified in the Schedule (B.) to this Act annexed.

36. Tolls for weighing or measuring as in Sched. (C.)

The Commissioners from Time to Time may demand and take in respect of the Weighing House or Weighing Place for weighing or measuring Articles sold by Weight or Measure such Tolls as the Commissioners from Time appoint, not exceeding the Weighing and Measuring Tolls specified in the Schedule (C.) to this Act annexed, and the Tolls payable for any such Article shall be paid before the Article is weighed or measured.

37. Tolls for weighing Carts, as in Sched. (D.)

The Commissioners from Time to Time may demand and take in respect of the weighing of Carts such Tolls as the Commissioners from Time to Time think fit, not exceeding the Cart-weighing Tolls specified in the Schedule (D.) to this Act annexed, and the Toll payable for any Cart shall be paid before the Cart is weighed.

38. Power to provide Slaughter-houses.

The Commissioners from Time to Time may provide such Slaughter-houses in the Township as they think fit.

39. Slaughter-house Tolls as in Sched. (E.)

The Commissioners from Time to Time may demand and take respect of the Slaughter-houses provided by them such Tolls as the Commissioners from Time to Time think fit, not exceeding the Slaughter-house Tolls specified in the Schedule (E.) to this Act annexed.

40. Power to Commission to supply Water.

The Commissioners may supply the Township with Water for all such public and private Purposes as they from Time to Time think fit; the public Purposes including the watering of Streets and the supplying of Water to public Baths and Wash-houses, and for such Supply may contract with the Corporation of Dublin as by this Act provided.

41. Power to Commissioners to contract with Corporation for Water

Whereas by " The Dublin Corporation Water Works Act, 1861," the Mayor, Aldermen, and Burgesses of the Borough of Dublin (in this Act called "the Corporation") are authorized to bring Water from the River Vartry for the Supply of the Inhabitants of Dublin and divers Parishes near thereto, and to lay down Mains for the Purpose : Therefore after the Corporation have commenced to supply to and distribute the Waters of the Vartry in the City of Dublin the Commissioners may give Notice to the Corporation requiring them to supply Water to the Commissioners, to be distributed by the Commissioners in the Township, and thereupon the Corporation shall, within Six Months after the Service of the Notice, supply and thenceforth continue to supply a Quantity of Water equivalent to Twenty Gallons per Head per Day for the Population from Time to Time of the Township, and the Commissioners shall pay and continue thenceforth to pay to the Corporation for such Supply, out of the Rates levied under this Act, a yearly Rent equivalent in Amount to the Sum which would be produced by Threepence Halfpenny in the Pound on the Valuation from Time to Time of the rateable Property in the Township as rated under the Provisions of this Act, the Water to be delivered at High-pressure to the Commissioners at such Point or Points (not exceeding Three in Number) as may be selected by the Commissioners in the Portion of the Main Pipe of the Corporation passing through the Township, and to be taken by the Commissioners at their own Expense by a Valve or Valves, or Branch or Branches, properly constructed at such Point or Points as aforesaid, or by any other Means, or at any other Point or Points, from Time to Time mutually agreed upon : Provided always, that nothing in this Act contained shall give to the Corporation any Right to give such Supply, or require such Payment, until such Notice shall have been served by the Commissioners : Provided also, that the Commissioners shall not contract with any other Person or Persons, or Company or Body Corporate, for any Supply of Water to the Township, unless or until the Corporation make default in supplying, according to the Provisions aforesaid, to the Commissioners such Water, and in such Quantity and Manner, as in this Section in that Behalf mentioned.

42. Payment of Water Rent to Dublin Corporation.

The Rent for the Water Supply shall be paid by the Commissioners to the Collector General of Rates, and may be collected by him from the Commissioners at the same Time and in the same Manner and by the same Means (in addition to any other legal Remedies) as the " Contract Water Rate" under the Provisions of " The Dublin Corporation Waterworks Act, 1861," and the Rent may be included either originally or by Addition and Alteration in the Account or Rental from Time to Time of the " Contract Water Rate," and the Commissioners may and shall from Time to Time levy and assess on the Township such Rate or Rates as shall be required for Payment of the Rent.

43. Power to Commissioners to provide Accommodation for Fire Brigade, Fire Engines, &c.

The Commissioners from Time to Time may provide and erect in such Places in the Township as they think convenient any Lands and Buildings, as Fire Engine Stations, for the Accommodation of Firemen, Horses, Fire Engines, Fire Escapes, and other Apparatus and Appliances for the Extinction of Fires, and from Time to Time may alter the Situations of the Fire Engine Stations.

44. Expense of extinguishing fires within the Township.

The Owner and Occupier of any House, Building, Shop, Goods or other Property within the Township in which a Fire breaks out shall be jointly and severally liable to pay and shall pay the Commissioners, as a Contribution towards the Expenses of extinguishing or attempting to extinguish the Fire, Fifteen Pounds Sterling, or whatever less Sum is equal to One Half of the Expenses ; and the Amount to be so paid shall in case of Difference be determined by a Justice ; and the Sum so determined, with the Costs of the Proceedings before the Justice, shall be recovered as if the same were a Penalty payable under this Act, and shall be applied towards the Expenses of the Fire Brigade of the Township.

45. Power to Commissioners to provide Baths and Wash-houses

The Commissioners, if and when they think fit, may erect or rent or hire any Buildings, and fit up and maintain the same for Baths and Wash-houses, for the Use of the Inhabitants of the Township, and make reasonable Charges for the Use of the same, and the several Baths and Provisions applicable for this Purpose of the Acts of the Sessions of the Ninth and Tenth Years of Her present Majesty, Chapter Seventyfour, and of the Tenth and Eleventh Years of Her present Majesty, Chapter Sixty-one, relating to Baths and Wash-houses, are incorporated with this Act.

46. "Pembroke Township Rate."

In order to raise Money for carrying the several Purposes of this Act into execution, the Commissioners once in every Year, computed from the Third Wednesday after the Commencement of this Act, or more often if they think it necessary, may and shall make One or more Assessment or Assessments under the Name of the "Pembroke Township Rate," the Warrant to be signed by any Three or more of the Commissioners, upon all the Occupiers, or in case the same shall be unoccupied upon the Owners of all Lands, Dwelling Douses, Shops, Warehouses, Vaults, Cellars, Stables, Breweries, Manufactories, Mills, and other Houses and Buildings, and Yards and Places within or partly within the Township (except any Houses, Buildings, or Premises now by Law exempt from County Rate), according to the yearly Value of the same respectively, so as the Assessments do not exceed Two Shillings in the Pound in the whole in any Year without the Consent of at least Two Thirds of the Ratepayers qualified to vote for Commissioners present at a Special General Meeting convened by the Commissioners by at least Fourteen Days public Notice, expressing that the Meeting is to consider the Propriety of making an increased Rate : Provided, that the Pembroke Township Rate shall not in any Case exceed Two Shillings and Sixpence in the Pound in the whole in any Year : Provided also, that the Pembroke Township Rate shall be instead of the General Yearly Assessment provided for by Section Sixty of " The Towns Improvement (Ireland) Act, 1854:" Provided also, that for the Purposes of Section Sixty-two of that Act the Proportion of Five Sixths shall be substituted for the Proportion of One Fourth.

47. "Pembroke Township Water Rate."

Once or more often in every Year the Commissioners shall make a special Assessment, to be called the Pembroke Township Water Rate, on the Occupiers of all the Property in the Township rateable to the Pembroke Township Rate : Provided, that the total Amount to be raised in any One Year by the Water Rate shall not exceed the Amount required in the Year for the Purposes of this Act with respect to the Water Supply : Provided also, that the Water Rate shall not exceed in any One Year the Rate of One Shilling in the Pound.

48. Provisions of Act applicable to Water Rate.

The several Provisions of this Act with respect to the making, assessing, levying, recovering, and collecting of the Pembroke Township Rate, and all incidental Matters, extend and apply, mutatis mutandis, to the making, assessing, levying, recovering, and collecting of the Water Rate and all incidental Matters.

49. District Assessment.

The Commissioners shall not make any District Assessment in respect of any local or special Improvement without the Sanction of a Majority of the Ratepayers liable to the District Assessment, signified at a Meeting called for the Purpose by the Commissioners by at least Seven Days public Notice, stating the Object of the Meeting.

50. Rates vested in Commissioners.

The several Assessments or Rates from Time to Time made under this Act by the Commissioners are by this Act vested in the Commissioners, and shall be payable when and as they appoint, and to the Collectors or other Persons whom they appoint to receive the same.

51. Tenants under existing Leases to repay the Owner.

Where any Owner shall be rated in respect of any rateable property which shall be in the Occupation of a Tenant, under any Lease or Agreement made prior to the passing of this Act, such Tenant shall repay to the Owner all Sums which shall be paid by the Owner on account of any Rates made under this Act during the Continuance of such Lease, unless it shall have been agreed that the Owner shall pay all Rates in respect of such Property.

52. Application of Township Rate and Tolls.

Except as is by this Act otherwise expressly provided, all Monies raised by the Pembroke Township Rate, and all Tolls, Payments for Water and Gas, and Penalties from Time to Time received under this Act by the Commissioners, shall, subject to the Payment of the Expenses of obtaining this Act, be applied in Payment of the Costs, Charges, and Expenses of and in any way incident to the Exercise of the Powers and Authorities by this Act vested in the Commissioners, and the carrying of this Act in all other respects into execution,

53. Application of Water Rates.

All Monies raised by the Water Rate shall be applied only to the Purposes of this Act with respect to Water Supply.

54. Application of District and private Assessments.

All Monies raised by District and private Assessments under this Act shall be applied to the several Purposes for which the same Assessments respectively are made.

55. Power to borrow on Mortgage of Township Rate.

For any of the Purposes of this Act the Commissioners from Time to Time may, under the Authority of this Act, borrow and reborrow on Mortgage of the Pembroke Township Rate, any Sums of Township Money not exceeding in the whole Twenty thousand Pounds, and the Monies so borrowed shall be applied to the Purposes for which they are so borrowed : Provided, that when any Portion of the Monies so borrowed is paid off by means of the Sinking Fund the Commissioners shall not reborrow on Mortgage of the Pembroke Township Rate any Money so paid off.

56. Restrictions on borrowing.

Provided, That no Money shall be borrowed on Mortgage under this Act at any Rate of Interest greater than Five Pounds per Centum per Annum : Provided also, that no Mortgage under this Act shall be granted unless at a Meeting of the Commissioners specially called for the Purpose and at which at least Ten Commissioners are present.

57. Arrears may be enforced by Appointment of a Receiver.

The Mortgagees of the Commissioners under this Act may enforce the Payment of the Arrears of Interest, or of Principal and Interest, due on their Mortgages, by the Appointment of a Receiver ; and the Amount to authorize a Requisition for a Receiver is One Tenth of the Sum secured by all the Mortgages.

58. Sinking Fund.

The Amount to be set apart in every Year by the Commissioners for discharging the Principal Money borrowed on Mortgage shall be One Thirtieth of the Money so borrowed.

59. Sinking Fund Special Rate.

Once or more often in every Year the Commissioners shall make a special Assessment to be called the "Sinking Fund Special Rate" on all the Persons who as Occupiers or Owners of all Property in the Township rateable to the Pembroke Township Rate are liable to be rated thereto, provided the total Amount to be raised in any One Year shall not exceed the Amount required for the Year for paying the Interest on Money borrowed and from Time to Time remaining due on Mortgage under this Act, and providing the Sinking Fund for discharging the Principal Money borrowed on Mortgage.

60. Computation of Year

With respect to all Assessments, Rates, and Accounts under this Act the Year shall begin with the First Day of January.

61. Power to Commissioners to order Works to be executed, to take Security from Contractor, and to bring Actions for Breaches of Contract.

The Commissioners from Time to Time, at any Special or General Meeting, may make any Order for doing or performing any Work or Business to be done by virtue of this Act or for the Purchase of Materials necessary therefor, and may enter into Contracts for the performing of the Works or the Supply of the Materials, and shall take from the Person entering into the Contract such Security for the Performance thereof as the Commissioners think sufficient ; and if the Contracts be not performed by the Contractor according to the true Intent and Meaning thereof may commence and prosecute any Action or Suit for the Breach or Nonperformance thereof.

62. Byelaws.

The Commissioners from Time to Time, when and as they think fit, may make Byelaws for all or any of the following Purposes ; (that is to say,)

(A.) For regulating the Proceedings of the Commissioners :

(B.) For regulating the Duties and Conduct of the Officers and Servants of the Commissioners.

63. Application of Penalties.

The Justice by whom any Penalty recovered under this Act is imposed shall award it to the Commissioners, to be by them carried to the Credit of the Township Rate, and to be applied accordingly.

64. Saving Rights of Corporation

Nothing in this Act contained shall take away, lessen, or prejudice any of the Jurisdictions, Powers, Rights, or Authorities of the Corporation of Dublin and of the Commissioners of Police for the Police District of Dublin Metropolis.

65. Expenses of Act.

All the Costs, Charges, and Expenses of and incident to the preparing and applying for, obtaining, and passing of this Act shall be paid by the Commissioners, and shall be so paid out of Monies raised by or on the Credit of the Pembroke Township Rate.

66. Expenses of Act to be stated in Assessment.

Provided, That so much of the the Pembroke Township Rate as is made for defraying the Expense of preparing and applying for, obtaining and passing this Act, or in any way incident thereto, shall be distinctly set forth in the Assessment of the Rate, and the same shall be paid, deducted, and retained by the same Persons and in the same Proportions as if the same were a Rate levied for the Relief of the Poor in the Township.

The SCHEDULES referred to in the foregoing Act.

SCHEDULE (A). GENERAL MARKET TOLLS.

Shops.

To be paid by the Occupier of every enclosed Shop for the Sale of Butcher's Meat, Game, Poultry, Fish, Vegetables, Fruit, China, Glass, Earthenware, Baskets, Hardware, or other marketable Commodities, according to the Size and Dimensions of the Shop, namely, for every Lineal Foot of the Frontage thereof, and so in proportion for less than a Foot :

		£	s.	d.
If let by the Year, any yearly Sum not exceeding	- -	3	0	0
If let by the Half Year, any half-yearly Sum not exceeding	-	2	0	0
If let by the Quarter, any quarterly Sum not exceeding	-	1	2	6
If let by the Week, any weekly Sum not exceeding	-	0	2	0

Butcher's Stalls.

To be paid by the Occupier of every Butcher's Stall, according to the Size and Dimensions of the Stall, namely, for every Lineal Foot of the Frontage thereof, and so in proportion for less than a Foot :

		£	s.	d.
If let by the Year, any yearly Sum not exceeding	-	2	0	0
If let by the Half Year, any half-yearly Sum not exceeding	-	1	2	6
If let by the Quarter, any quarterly Sum not exceeding	-	0	12	6
If let by the Week, any weekly Sum not exceeding	-	0	1	0
If otherwise let or occupied, for every Market Day or other lawful Day, any daily Sum not exceeding	-	0	0	6

Vegetable and other Stalls.

To be paid by the Occupier of every Stall raised above the Ground for the Sale of Vegetables, Fruit, Fish, Game, Poultry, China, Glass, Earthenware, Baskets, Hardware, or other marketable Commodities, according to the Size and Dimensions of the Stall, namely, for every Lineal Foot of Frontage thereof, and so in proportion for less than a Foot :

		£	s.	d.
If let by the Year, any yearly Sum not exceeding	- -	1	5	0
If let by the Half Year, any half-yearly Sum not exceeding	-	0	15	0
If let by the Quarter, any quarterly Sum not exceeding	-	0	9	0
If let by the Week, any weekly Sum not exceeding	-	0	0	9
If otherwise let or occupied, for every Market Day or other lawful Day, any daily Sum not exceeding	-	0	0	3

Stands or Benches.

To be paid by the Occupier of every Stand or Bench, according to the Size or Dimensions of the same, namely, for every Superficial Square Foot or Fraction of a Superficial Foot thereof :

		£	s.	d.
If let by the Year, any yearly Sum not exceeding	-	0	4	0
If let by the Half Year, any half-yearly Sum not exceeding	-	0	2	6
If let by the Quarter, any quarterly Sum not exceeding	-	0	1	3
If let by the Week, any weekly Sum not exceeding	-	0	0	4
If otherwise let or occupied, for every Market Day or other lawful Day, any daily Sum not exceeding	-	0	0	2

Ground Space.

To be paid by the Occupier of every Compartment or Space on the Surface of the Ground, according to the Size and Dimensions of the same, namely, for every Superficial Square Foot or Fraction of a Superficial Square Foot thereof :

		£	s.	d.
If let by the Year, any yearly Sum not exceeding	-	0	3	0
If let by the Half Year, any half-yearly Sum not exceeding	-	0	1	3
If let by the Quarter, any quarterly Sum not exceeding	-	0	0	9
If let by the Week, any weekly Sum not exceeding	-	0	0	3
If otherwise let or occupied, for every other Market Day or other lawful Day, any daily Sum not exceeding	-	0	0	1

SCHEDULE (B.) WHOLESALE MARKET TOLLS.

			£	s.	d.
For every Waggon used by any Person for exposing or in which shall be exposed to Sale any marketable Commodity, for every Market Day or other lawful Day, any daily Sum not exceeding		-	0	2	6
For every Cart used by any Person for the like Purpose, for every Market Day or other lawful Day, any daily Sum not exceeding —
	If drawn by One Horse or other Animal	-	0	1	0
	If drawn by Two or more Horses or other Animals	-	0	2	0
For every Compartment or Space on the Surface of the Ground used by any Person for the like Purpose, according to the Size or Dimensions of the same, namely, for every Superficial Square Foot thereof or Fraction of a Superficial Square Foot thereof, any daily Sum not exceeding		-	0	0	2

SCHEDULE (C.) WEIGHING AND MEASURING TOLLS.

For weighing everything.

			£	s.	d.
If weighing not more than 28 lbs. Avoirdupois		-	0	0	0 ½
If weighing more than 28 lbs., and not more than Two Hundredweight		-	0	0	1
And for every entire Hundredweight, or Fraction of a Hundredweight not less than Half a Hundredweight, beyond Two Hundredweight		-	0	0	0 ½
For measuring every Quantity of Things sold by Measure.
	If not exceeding One Bushel	-	0	0	0 ½
	If exceeding One Bushel and not exceeding Two Bushels	-	0	0	1
And for every Bushel beyond Two Bushels		-	0	0	0 ½

SCHEDULE (D.) CART-WEIGHING TOLLS.

		£	s.	d.
For weighing every Waggon, whether loaded or unloaded	-	0	0	4
For weighing every Cart, whether loaded or unloaded	-	0	0	2

SCHEDULE (E.) SLAUGHTER-HOUSE TOLLS.

		£	s.	d.
For every Ox, Cow, or Bullock, any Sum not exceeding	-	0	2	0
For every Calf, any Sum not exceeding	-	0	1	0
For every Sheep or Lamb, any Sum not exceeding	-	0	0	6
For every Hog or Pig, any Sum not exceeding	-	0	0	8
For any other Beast, any Sum not exceeding	-	0	2	0

Notes

1. "26 & 27 Vict. c.lxxii(P) Pembroke Township Act, 1863". The local and personal acts passed in the twenty-sixth and twenty-seventh years of the reign of Her Majesty Queen Victoria (PDF (280MB)). Eyre & Spottiswoode. Retrieved 13 July 2015. 
2. Irish Statute Book: British Local and Private Statutes 1863