Spelling in use in 1729 has been retained and in italics.
The Third Year of George 11. AD 1729.
An Act for repairing the Road leading from the City of Dublin, to the Town of Navan in the County of Meath.
WHEREAS the highway or road leading from Stonybatter in the suburbs of the city of Dublin to Castleknock, and from thence through Clonee, Dunshaghlin, and Hill of Tara, to the town of Navan in the county of Meath, by reason of several hollow ways, and of the many and heavy carriages frequently passing through the same, are become so ruinous and bad, that in the winter season many parts thereof are impassable for waggons, carts, cars, and carriages, and very dangerous for travellers, and cannot by the ordinary course appointed by the laws and statutes of this realm be effectually mended and kept in good repair:
wherefore, and to the end that the said highways or roads may with convenient speed be effectually mended, and hereafter kept in good and sufficient repair, so that all persons may travel through the same with safety; be it enacted by the King’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,
For repair of road trustees appointed, may sue and be sued as if incorporated and must have £50 per annum freehold or £1,000 personal.
That for the better surveying, ordering, amending and keeping in repair the said highways or roads, it shall be in the power of the right honourable
Chaworth Earl of Meath,
The Right Honourable Edward Earl of Drogheda,
The Right Honourable Brinsley Lord Viscount Lanesborough,
The Right Honourable William Lord Baron of Howth,
The Right Honourable Henry Lord Baron of Santry,
The Right Reverend Ralph Lord Bishop of Meath,
The Right Honourable Sir Ralph Gore Baronet,
The Right Honourable Sir Gustavus Hume Baronet,
The Right Honourable Marmaduke Coghill Esquire,
The Right Honourable Benjamin Parry Esquire,
The Honourable Humphry Butler Esquire,
The Honourable Edward Brabazon Esquire,
Sir Compton Domvile Baronet,
Sir Thomas Taylor Baronet,
Herculus Rowly Esquire,
Richard Weisly,
Peter Ludlow,
John Preston,
Thomas Carter,
Charles Lambert, senior,
Charles Coote,
Henry Sandford,
William Connolly,
Robert Percival,
Thomas Meredith,
John Wade,
Hugh Henry,
Henry Brooke,
Charles Hamilton,
Thomas Taylor,
Nathaniel Preston,
Wentworth Harman,
Luke Gardiner,
Charles Lambert, junior,
Robert Naper,
Thomas Bligh,
George Johnston,
John Foliot,
Nathanial Clements,
William Fitzherbert,
Edward Bolton,
James Somerville,
John Rochfort,
William Ludlow,
Bruen Worthington,
Benedict Arthur,
John Warren of Corduff,
Robert Waller,
Oliver Moore,
Richard Geering,
Benjamin Pratt,
Richard Ford,
William Swan,
Christopher Nicholson,
William Beckett,
Edward Ford,
Robert Shields,
William Smith of Stonybatter,
Samuel Gibbons,
Lawrence Bain,
Robert Norman,
Robert Fox,
Thomas Moland,
Thomas Sinnot,
Arthur Dillon,
and William Yarner esquires,
Thomas Bolton esquire,
Doctor of Physick,
James Noy esquire,
The Reverend Richard Bolton,
The Reverend John Jordan,
The Reverend Richard Stewart,
Captain Samuel Woodward,
John Ker of the City of Dublin gentle man,
Richard Barry,
William Noy,
Noah Webb,
Edward Noy,
Thomas Jones,
Philip Barry,
Luke Sandford,
Theobald Dillon,
Thomas Cannon,
John Hawkins of Luttrelstown,
and Marks Tue Gentleman,
The Reverend Archdeacon Walls,
John Tue,
Clotworthy Shields,
Rowland Cooke,
Charles Matthews,
Edmond Hackett,
Narcissus Proby,
Valentine Elson,
William Steers,
Joshua Wilson,
Patrick Walsh,
Stephen Stephens,
Richard Garland,
William Crostwait,
John Townsend,
Vincent Kidder,
Hugh Galbraith,
and Samuel Kathrens, gentlemen,
Any 5 may erect gates and toll houses, and take toll,
who are hereby nominated and appointed trustees of the said roads, and the survivors of them, that they, or any five or more of them, or such person or persons as they, or any five or more of them, shall authorize and appoint, shall and may erect, or cause to be erected, one or more gate or gates, turnpike or turnpikes, in, upon, or across any part or parts of the said highways or roads;
and also a toll house or toll houses, and there shall receive and take the tolls and duties following before any horse, mare, gelding, ass, or mule, cattle, coach, Berlin,(?) chariot, calash, (or caleche, a light low wheeled carriage with a removable folding hood.) chaise, ( a horse drawn carriage for one or two people, typically one with an open top and two wheels), chair, waggon, wain,( a wagon or cart.) cart, car, or other carriage, shall be permitted to pass through the same, viz. for every coach, Berlin, chariot, calash, chaise, or chair drawn by four horses or more, the sum of one shilling;
and for every coach, Berlin, chariot, calash, chaise, or chair drawn by one horse, or any less number of horses than four the sum of six pence; for every waggon, wain, cart, or carriage with four wheels, the sum of eight pence;
for every wain, cart, car, or carriage with two wheels, having more than one horse, mare, or gelding, ass, or mule, the sum of two pence;
for every car or other carriage having but one horse, mare, or gelding, ass or mule, the sum of one penny;
for every horse, mare, gelding, mule, or ass, laden or unladen, and not drawing, one half penny;
for every drove of oxen or neat (a bovine animal.) cattle, the sum of ten pence per score, and so in proportion for any greater or lesser number;
for every drove of calves, hogs, sheep, or lambs, the sum of five pence per score, and so in proportion for any greater or lesser number:
The money raised vested in trustees.
which said respective sum and sums of money shall be demanded and taken in the name of or as a toll or duty, and the money so to be raised as aforesaid is and shall hereby be vested in the said trustees, and the same, and every part thereof, shall be paid, applied, disposed of, and assigned to and for the several uses, intents, and purposes, and in such manner, as is herein after mentioned and directed;
Any 5 may levy by distress and sell after 5 days.
and the trustees, or any five or more of them, are hereby impowered by themselves, or any person or persons by them, or any five or more of them, under their hands and seals thereunto authorized, to levy the toll or duty hereby required to be paid upon any person or persons, who shall (after demand made thereof) neglect or refuse to pay the same, by distress of any horse or horses, or other cattle or goods, upon which such toll or duty is by this act imposed, or upon any other of the goods and chattles of such person or persons who ought to pay the same, and may detain and keep the same until such toll or duty with the reasonable charges of such distraining or keeping shall be paid;
and it shall and may be lawful to and for such person and persons so distraining, after the space of five days after such distress made and taken, to sell the goods so distrained, returning the overplus (if any be) upon demand to the owner thereof, after such toll, duty, and reasonable charges for distraining and keeping the same shall be deducted and paid.
Charges first Paid. Then laid out on the said road.
II. And be it further enacted by the authority aforesaid,
That out of the first money arising from the profit of the several turnpikes so to be erected the said trustees, or any five or more of them, shall first pay and discharge the expence of procuring this act of Parliament, and of erecting such turnpike or turnpikes, and toll house or toll houses, and from and after such charges and expences shall be fully satisfied and paid, that then and from thenceforth the profits arising, and the toll to be collected, at any turnpike or turnpikes to be erected and set up on the said road leading from the city of Dublin to the town of Navan in the county of Meath as aforesaid, shall be applied for and towards the repair of the said road only, and not elsewhere.
Occupiers of land adjoining giving a passage. Penalty to trustees, 10 shillings.
III. And be it further enacted by the authority aforesaid,
That if any person or persons whatsoever, owning, renting, or occupying any land near unto any turnpike to be erected in pursuance of this act, shall for gain, reward, or otherwise, willingly permit any person or persons whatsoever to pass through any gate, passage, or way, with any coach, Berlin, chariot, calash, chaise, or chair, waggon, wain, cart, car or carriage, or riding, or driving any horse, ass, or mule, or any sort of cattle, and be thereof convicted upon oath before the said trustees, or any five or more of them, or before any one or more justice or justices of the peace for the county wherein such offence or offences shall be committed, shall forfeit and pay to the trustees authorized to put this act, in execution the sum of ten shillings, to be levied by distress and sale of the offenders goods, by warrant under the hand and seal, or under the hands and seals, of the said trustees, or any five or more of them, or such justice or justices, rendering the overplus to the owner (if any be) the charges in taking and disposing of the said goods being first deducted.
Gates may be erected, and toll collected so as no double charge.
IV. And be it further enacted by the authority aforeſaid,
That it shall and may be lawful to and for the said trustees, or any five or more of them, to erect one or more gate or gates, turnpike or turnpikes, on the side of the said highways or roads cross any lane or way leading out of the said road, and toll house or toll houses, and there to receive and take such toll, as is appointed by this act to be taken, so as the same do not extend to a double charge, in case of passing through any other of the said turnpikes to be erected by virtue of this act between the said city of Dublin and the said town of Navan as aforesaid.
Five trustees may appoint collectors, remove and chuse others.
V. And be it further enacted by the authority aforesaid,
That the said trustees, or any five or more of them, at their first meeting, or any succeeding meeting, by writing under their hands and seals shall and may elect, nominate, and appoint, one or more fit person or persons to be receiver or receivers, collector or collectors, of such money, in the name of such toll or duty as shall be due and payable by virtue of this act;
and also one or more fit person or persons to be surveyor or surveyors to see the condition of the said highway or road, and to see that the same be repaired and amended, and that the money arising and expended by virtue of this act be duly applied, and from time to time to remove such collectors, receivers, and surveyors, or any or either of them, as they shall see occasion, and appoint new ones in case of death or of such removal;
and such person or persons, as is or are by this act lyable to pay the said toll or duty, is and are hereby required to pay the same after the rate aforesaid to the said receiver or receivers collector or collectors, of the said toll or duty in that behalf from time to time appointed as aforesaid;
Said toll accounted for on oath, first Tuesday every month and laid out on the said road.
and the person or persons so appointed as aforesaid for receiving the said toll or duty, and all such surveyor or surveyors as aforesaid, shall upon oath, if thereto required by the trustees, or any five or more of them, or before one or more justice or justices of the peace month, residing near the highway or road aforesaid (which oath the said trustees, or any five or more of them, or such justice and justices is and are hereby impowered and required to administer) on the first Tuesday in every month, or oftener if required, during the continuance of this act, give in a true, exact, and perfect account in writing under their respective hands of all moneys, which he and they, and every or any shall to such time have received, paid, and disbursed by virtue of this act by reason of their respective offices, for which oath no fee or reward shall be taken;
and in case any money so received shall remain in their or any of their hands, the same shall be paid to the said trustees, or any five or more of them, or to such person or persons as the said trustees, or any five or more of them (as are qualified to act) shall by any writing or writings under their hands and seals authorize and impower to receive the same;
which shall be disbursed and laid out in amending the said highway or road according to the true intent and meaning of this act, and not otherwise;
Allowance to collectors.
and the said trustees, or any five or more of them, to whom such account shall be given, shall and may out of the money arising by the said toll or duty make such allowance to the said receiver or receivers, collector or collectors, and the surveyor or surveyors, for and in consideration of his and their care and pains respectively taken in the execution of his and their office and offices, and to such other person or persons, who shall have been or shall be assisting in and about procuring the said highways and roads to be amended and repaired by advancing or laying out any moneys, or otherwise relating thereunto, as to them shall seem good:
On default of payment, justices at sessions shall commit offenders.
and in case the said receiver or receivers, collector or collectors, of the aforesaid toll and duty, or any of them, shall not make such account and payment unto such person and persons, according to the orders and directions of the said trustees, or any five or more of them as aforesaid, that then the said justices of the peace at any special sessions or meeting of them to be holden for the county, in which the said receiver or receivers, collector or collectors, have acted or been employed, and made such default as aforesaid, shall make inquiry of and concerning such default, as well by confession of the said parties themselves, as by the testimony of one or more credible witness or witnesses upon oath; which oath they are hereby impowered and required to administer without fee or reward; and if any person or persons shall be convicted thereof by such justices, the said justices shall upon such conviction commit the party or parties to the common goal of the county, where such offence shall be committed, there to remain without bail or mainprize (?) until he or they shall have made a true and perfect account and payment as aforesaid.
Surveyors may dig for materials in any common without paying.
VI. And be it further enacted by the authority aforeſaid,
That it shall and may be lawful to and for the said surveyor or surveyors, and such person or persons as he or they shall appoint, to dig, raise, gather, take, and carry away, any gravel, furze, sand, stones, or other materials, out of any waste or common of any parish, town, village, or hamlet, in or near which any founderous (?) or ruinous places of the said highways or roads do lye; and for want of sufficient gravel, furze, sand, stones, or other materials there, to dig, gather, raise, take, and carry away the same out of the waste or common of any neighbouring parish, town, village, or hamlet, without paying any thing for the same;
Or dig by order of trustees in any persons grounds, paying as trustees think reasonable. May dig in ground used for potatoe garden.
And where there is not sufficient of such materials in any commons or waste grounds near adjoyning, it shall and may be lawful for them by order of the said trustees, or any five or more of them, to dig, raise, and gather the same, in the several grounds of any person or persons, not being a house, garden, orchard, yard, or meadow, planted walk or walks, or avenue to a house, where any such materials are or may be found, and from time to time to carry away such and so much thereof, as the said surveyor or surveyors in their respective places shall adjudge necessary for the repairing and amending the said highways or roads, paying such rate for such materials and for the damage to the owner or occupier of the ground, from whence the same shall be digged, raised, gathered, and carried away, as the trustees appointed or to be appointed to put this act in execution, or any five or more of them, shall adjudge reasonable;
All differences adjusted at assizes or sessions.
and in case of any difference between such owner or occupier and the said trustees touching the value of the materials and damage aforesaid, the judges of assize, or the justices of the peace at the next general assizes and general goal delivery, or quarter sessions to be holden in the county, where such materials shall be digged, raised, or gathered, and from whence the same shall be carried away, may and shall adjudge, assess, and finally determine the same.
Surveyors may remove annoyances &c.
VII. And be it further enacted by the authority aforesaid,
That it shall and may be lawful to and for the surveyor or surveyors, and such person or persons as he or they shall appoint, from time to time to remove and prevent annoyances on any part of the said highways or roads hereby intended to be repaired, by removing any filth, dung, ashes, rubbish, water courses, sinks, or drains running into the said highways or roads, and by cleansing any ditch or water courses adjoyning to the said roads, or by cutting down, lopping, or topping any trees or bushes growing in the said highways, or in the hedges or banks adjacent to the said highways, and to take and carry away the same;
Charges reimbursed by occupier.
(the owners or occupiers neglecting to cut down such trees or bushes, or to remove such other annoyances for the space of ten days after notice in writing given for that purpose under the hands of five of the said trustees) the charges whereof shall be reimbursed the said surveyor or surveyors by such owners or occupiers ne to cut down the said trees or bushes, or to remove such other annoyances as aforesaid;
Every additional offence 10 shillings to trustees.
and if after removal of any such annoyances, any person or persons shall again offend in the like kind, every such person or persons so offending, and being thereof convicted upon oath before one or more justice or justices of the peace for the said county where such offence shall be committed, shall for every such offence forfeit and pay unto the said trustees the sum of ten shillings, to be levied in manner aforesaid.
Surveyors may cut drains &c. making reasonable satisfaction.
VIII. And be it further enacted by the authority aforesaid,
That it shall any may be lawful to and for the said surveyor or surveyors, by order of the said trustees, or any five or more of them, to make or cause to be made causeways, and to cut and make drains through any ground lying contiguous to the said roads, and to erect arches of brick, timber, or stone thereupon;
and also to widen any of the narrow parts of the said highways or roads by opening, clearing, and laying into the said highways or roads any grounds of any person or persons lying contiguous to such highways or roads, not being a house, garden, orchard, planted walk, or avenue to a house;
and also to cause ditches or trenches to be made in such places and in such manner as such surveyor or surveyors by order of the said trustees, or any five or more of them, shall adjudge necessary for the better amending and keeping the said highways or roads in good repair, making such reasonable satisfaction to the owner or occupier of such ground, which shall be so laid in or unto the said highways or roads, through which any such drain or drains shall be cut, or on which any such arch or arches shall be made, for the damages which he or they shall or may thereby sustain, as shall be assessed and adjudged by the next going judge or judges of assize, or the justices of the peace, or the major part of them, at the next general assizes or quarter sessions to be holden for the county in which such ground shall be laid into the said highways or roads, and through which any such drain or drains, ditch or ditches, shall be cut or made, or on which such arch or arches shall be erected or made, or such causeways made, in case of any difference concerning the same;
Owner of water courses not cleansing them on notice, surveyor may do it and by warrant of trustees levy the charge.
and if any owner or occupier of any watercourse, ditch or ditches, adjoyning to the said highways or roads shall neglect or refuse to scour or cleanse such water courses, and to make such ditches so deep, and in such manner, as the surveyor or surveyors shall adjudge proper and convenient, after ten days notice shall be given for that purpose by such surveyor or surveyors to be appointed, or such person or persons as shall be appointed by him or them, to such owner or owners, it shall and may be lawful to and for the surveyor and surveyors to set any man or men to work to scour, cleanse, and make the same, and by warrant from any five or more of the said trustees to levy the charge thereof upon the persons, goods, or estates of the owner or owners, occupier of occupiers of such water course, ditch or ditches, by distress and sale of his, her, or their goods and chattles, rendering the overplus (surplus or excess), (if any be) to the said owner or occupier after all charges paid.
Nine trustees may assign toll as security for money borrowed to repair road.
IX. And forasmuch as the money to be collected by such receipt of the toll will not be sufficient for the speedy repairing the said highways and roads:
be it further enacted by the authority aforesaid,
That the said trustees, or any nine or more of them, shall and may, and are hereby impowered from time to time, by writing under their respective hands and seals to assign over the said toll or duty hereby granted, or any part thereof, the costs and charges whereof to be borne and paid out of such toll or duty, for any time or term during the continuance of this act, as a security for any sum or sums of money by them to be borrowed for that purpose, to such person or persons, or their trustees, who shall advance and lend the same, to secure the repayment thereof with lawful interest, or less, if the same can be so had;
which said money borrowed shall be applied and disposed of, as the said toll or duty should have been applied and disposed of by this act, and to no other use or purpose whatsoever.
X. Provided always,
That in case there shall be more than one gate or turnpike in, cross, or on the side of the said highway or road between the said city of Dublin and the said town of Navan, no person or persons having paid the toll or duty at the first gate or turnpike, through which such person or persons shall pass, and producing a note or ticket that the said toll or duty was paid, which note or ticket the receiver or receivers, collector or collectors, is and are hereby required to give gratis, shall be liable to pay any toll or duty at any other of the said gates or turnpikes upon or on the side of the said highway or road, such person or persons delivering the said note or ticket to the said receiver or receivers, collector or collectors of the said toll or duty at the latter gate or turnpike the same day;
and no person or persons having occasion to pass the place or places, where the toll or duty is taken, and who shall return the same day upon or with the same horse, mare, gelding, ass, mule, cattle, coach, chariot, berlin (?), chaise, chair, calash, waggon, cart, carr, or other carriage, shall be lyable or compellable the same day to pay the said toll or duty more than once on the said road.
Giver and receiver of a ticket to avoid toll shall respectively forfeit 10 shillings.
XI. And for preventing frauds and abuses in the said toll or duty; be it enacted by the authority aforesaid,
That if any person or persons having paid the toll by this act granted and made payable, and having such note or ticket, notes or tickets, as hereby directed, shall give and dispose of the same to any other person or persons in order to avoid the payment of the said toll or duty, every such person giving, disposing, or offering, and the person receiving such note or ticket, notes or tickets, and being thereof convicted upon oath before the said trustees, or any five or more of them, or before any one or more justice or justices of the peace for the county wherein such offence or offences shall be committed, shall respectively forfeit and pay the sum of ten shillings;
to be levied, recovered, and disposed of as any other penalty or forfeiture is directed to be levied, recovered, and disposed of by this act.
No toll paid on days of election of members of Parliament herein.
XII. Provided always, and it is hereby declared,
That during the continuance of this act all coaches and passengers on horseback shall pass and repass toll free on the day or days, on which there shall be an election for knight or knights of the shire to serve in Parliament for the said counties of Dublin and Meath, or citizens for the city of
Dublin, or of any burgess to serve in Parliament for any boroughs in the said counties respectively;
anything herein contained to the contrary notwithstanding.
5 trustees may compound.
XIII. And be it further enacted by the authority aforesaid,
That the said trustees, or any five or more of them, may and are hereby impowered from time to time, as they shall see convenient or think fit, to compound or agree by the year or otherwise, with any person or persons using to travel through the turnpike or turnpikes to be erected, with any milch cows, horse, mare, or gelding, ass or mule, or with any coach, berlin (?), calash, chaise, chair, waggon, cart, car, or other carriage, for any sum or sums of money to be paid quarterly from time to time after such agreement shall be made.
Exempt from toll.
XIV. Provided also, and it is hereby declared,
That no person shall be charged with any of the tolls or duties aforesaid, who shall pass through any of the turnpikes to be erected by this act, who shall carry any quantities of Kilkenny coals, or of stones, gravel, or other materials for repairing of the said roads, or any of the roads in the parishes in which the same do lye, or in any of the neighbouring parishes;
nor shall any person or persons be chargeable with the said toll or duty, or any carts, cars, or waggons loaded with corn in the straw only;
nor for any ploughs, harrows, or other implements of husbandry in order to the using and repairing the same in the several parishes, in which the said highways or roads hereby intended to be repaired do lye;
nor shall any toll or duty be demanded or taken at any of the turnpikes to be erected for any horse, mare, gelding, ass, or mule, or other cattle going to water, or for any post horse carrying the mail or packet, or of such horse as is or carriage; provided such horse pass through the said turnpike or turnpikes with such waggon, cart, or carriage:
nor shall any toll or duty be demanded or taken for the horses of soldiers passing that are upon their march, or for waggons, carts, cars, or other carriages attending them, or for horses, waggons, carts, cars, or other carriages travelling with vagrants sent by passes, or with prisoners transmitted from one part of the kingdom to another.
Persons chargeable to repair shall do two days work on said roads.
XV. And be it further enacted by the authority aforesaid,
That every person chargeable towards repairing the repair said highways or roads as aforesaid, shall yearly, during the continuance of this act, do and perform two days of that work, commonly called the statute work, which is appointed by the laws now in being, for the amending of the highways in this kingdom, in such manner, place and places, being part of the highways hereby intended to be repaired, and at such time as the surveyor or surveyors, to be appointed by virtue of this act shall by writing under his or their hand or hands from time to time order and direct, and shall not be again chargeable for the same by any surveyor or surveyors of the respective parishes, or any person whatsoever;
Surveyors of parishes shall give lists to surveyors appointed of persons chargeable.
and also that the respective surveyor or surveyors for the time being, of all and every parish and parishes, in which the said highways and roads intended to be repaired by this act lye, shall yearly and every year within four days after request, made to him or them by the surveyor or surveyors for the time being, appointed by virtue of this act, give a list or an account in writing under his or their hand or hands, of the name or names of all and every person or persons in the said respective parish, or parishes, who are by the laws in force chargeable towards the repairing of the highways of the said respective parishes, and what he or they is or are chargeable with respectively for and towards the same, to the surveyor or surveyors appointed or to be appointed by virtue of this act;
Penalty 40 shillings.
and that the said surveyor or surveyors of the said parishes shall within three days next after notice given by the said surveyor or surveyors appointed by this act, of the time when, and how many of the said persons so chargeable as aforesaid, he or they would have to do the said two days work in and upon the said roads to be repaired by this act, either summon or give publick notice thereof to the said person or persons so chargeable as aforesaid; and if any surveyor or surveyors of the said parishes respectively shall neglect or refuse to do, as they are hereby directed and required, he or they for every offence shall forfeit and pay the sum of forty shillings;
and if any person or persons keeping a team, cart, car, or other carriage, and chargeable towards repairing the highways as aforesaid, shall neglect or refuse to do and perform the said two days work in the said highways by this act intended to be repaired, after such summons or publick notice shall be given as aforesaid, he or they respectively shall forfeit and pay the sum of five shillings for each of the said two days such person or persons keeping a team, cart, car, or other carriage shall make default;
and if any labourer or other person, so chargeable towards repairing the highways of the said parishes, shall at any time neglect or refuse, after such summons or publick notice given as aforesaid, to do and perform the said two days work in the said highways by this act intended to be repaired, he or they shall respectively forfeit and pay the sum of one shilling for each of the said two days such labourer or other person or persons shall make default;
all which penalties and forfeitures by this act imposed, shall be levied and recovered by distress and sale of any of the offenders goods and chattels, by warrant or warrants under the hands and seals of the said trustees, or any five or more of them upon the information of one or more credible witness or witnesses upon oath;
which oath the said trustees, or any five or more of them, are hereby impowered to administer; and the said forfeitures and penalties before mentioned, when recovered, after rendring the overplus (if any be) to the party or parties whose goods or chattles shall be so distrained, the charges of such distress and sale being first deducted, shall go and be applied for and towards amending the said highways, intended by this act to be repaired, in like manner as the toll intended by this act is to go and be applied.
To continue 21 years.
XVI. And be it further enacted by the authority aforesaid,
That the said toll and duty hereby granted, shall take place and have continuance only from and after the tenth day of May in the year of our lord one thousand seven hundred and thirty, for and during the term of twenty one years.
Unless said roads is in sufficient repair.
XVII. Provided nevertheless,
That if any time before the expiration of the said term of twenty one years, all parts of the said road shall be sufficiently amended and repaired, and so adjudged by the majority of the trustees appointed, or hereafter to be chosen, by virtue of this act, by an adjudication under their hands and seals, that then from and after such adjudication made, and repayment of such money as shall have been advanced or borrowed, with interest for the same, and the costs and charges thereof, the toll and duties shall cease and determine;
anything herein contained to the contrary notwithstanding.
Five trustees may elect others.
XVIII. And be it further enacted by the authority aforesaid,
That for the continuing of a sufficient number of fit and able persons to be trustees for putting in execution all and every the powers in this act contained for and during the continuance thereof, it shall and may be lawful to and for the said trustees, or any five or more of them, upon the death of any of the said trustees, or any of their removal, or refusing to act in the said trust, by any writing or writings under their hands and seals from time to time, and at all times hereafter during the term aforesaid, to elect, nominate and appoint in the room of such trustee or trustees so deceased, removed, or refusing to act, so many more fit and able persons, living in the said counties of Dublin or Meath, to be joyned with the said trustees in the execution of all and every the power and powers in them reposed by virtue of this act;
and all and every person or persons so to be chosen trustee or trustees to joyn in putting this act in execution, as they are herein before qualified to do, shall and may, and are hereby impowered to act to all intents and purposes, in as full, large, and ample manner as the said trustees are by this act impowered to do, and so toties quoties (?) as often as occasion shall be or required.
Trustees shall meet at the Tholsel 20 April 1730.
XIX. And be it further enacted by the authority aforeſaid,
That the said trustees, or any twenty one or more of them, shall meet at the Thoisel (Town Hall) of the city of Dublin on or before the twentieth day of April ore thousand seven hundred and thirty, and the said trustees shall then adjourn themselves, and afterwards meet there, or at any other place or places near the said highways or roads to be repaired, as the said trustees, or any five or more of them, shall think proper or convenient, as often as it shall be necessary for the putting this act in execution:
and if it shall happen that there shall not appear at any meeting, which shall be appointed to be had or held by the said trustees, a sufficient number of trustees to act at such meeting and to adjourn to any other day, then and in such case the clerk to the said trustees by notice in writing, to be affixed at the respective gates or turnpikes at least ten days before the next meeting, shall appoint the said trustees to meet at the house, where the meeting of the said trustees was last appointed to be held, or at some other convenient house near the said roads, on the day three weeks next after the day on which such last meeting of the said trustees was appointed to have been held;
and that the said trustees at their first meeting, and at all their subsequent meetings, shall defray their own charges and expences.
None having place of profit out of toll shall be trustees.
XX. Provided always, and be it further enacted by the authority aforesaid,
That no person or persons, appointed or to be appointed by this act a trustee or trustees for putting this act in execution, shall have or accept of any place of profit arising out of or by reason of the toll or duty by this act laid or granted;
but such person or persons shall be incapable from the time of accepting and continuing to enjoy such place of profit of acting as a trustee.
Suits against persons for acting laid in county of Dublin or Meath.
XXI. And be it further enacted by the authority aforesaid,
That if any suit shall be commenced against any person or persons for anything done in pursuance of this act in every such case the action shall be laid in the said county of Dublin or county of Meath, and not elsewhere;
and the defendant or defendants in such action or actions to be brought may plead the general issue, and give this act and the special matter in evidence at any tryal to be had thereupon, and that the same was done in pursuance and by the authority of this act;
and if it shall appear so to be done, or that such action or actions shall be brought in any other county, that then the jury shall find for the defendant or defendants;
and upon such verdict, or if the plaintiff shall be nonfuited, (?) or discontinue his action after the defendant or defendants shall have appeared, or on any demurrer (?) judgment shall be given against the plaintiff, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same as any defendant or defendants hath or have in other cases by law.
XXII. And be it further enacted by the authority aforesaid,
That this act shall be deemed, adjudged, and taken to be a publick act, and be judicially taken notice of as such by all judges, justices, and other persons whatsoever, without specially pleading the same.