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Highways (Ireland) Act 1806
(46 Geo 3, c.134, 22nd July 1806)

An Act to provide for the Security and Expedition of the Conveyance of Letters by the Post in Ireland.
[22d July 1806]

'WHEREAS an Act passed in the Forty-fifth Year of the Reign of His present Majesty, intituled, An Act to amend the Laws for improving and keeping in Repair the Post Roads in Ireland,and for rendering the Conveyance of Letters by His Majesty's Post Office more secure and expeditious, requires to be amended;' be it therefore 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, That if the Grand Jury of any County, County of a Town or City, in Ireland, shall at any Assizes (or Presenting Term if in the County of Dublin) upon Examination of any Survey, Map, or Estimate, laid before them under the Provisions of the said Act, be of Opinion that the Road between the Points on the Boundaries of such County marked in such Survey or Map for the Road to pass through can be carried within such County from one such Point to the other, through such Post-town or Post-towns therein as the Road in such Survey shall have been marked to go through, in a more convenient Direction, equally or more level, and not exceeding in Length or Expence the Road set out in such Survey, it shall and may be lawful for such Grand Jury at the Time they state their Opinion to the Court, with any Reasons or Observations they may think proper, according to the Provisions of the said Act, to present, that a new Survey, Map, and Estimate be made for a Road between such Points passing through such Post-town or Post-towns,if any such there be, and to appoint such Surveyor as they shall think proper for the Purpose; and every such Surveyor shall have all and singular the like Powers, and be subject to the like Rules, Regulations, and Restrictions, and be sworn and be examined upon Oath in like Manner, in respect of the Survey, Plan, and Estimate he may make, as is provided or enacted in the said recited Act respecting any Surveyor appointed by the Postmaster General, or any Survey to be made by such Surveyor.

II. And be it further enacted, That every such Survey made by a Surveyor so appointed by the Grand Jury, shall be deemed a Re-survey within the Meaning of the said Act, and shall, together with the Maps and Estimates and Affidavits thereunto belonging, be delivered Thirty Days at the least before the Commission Day of the Assizes or Presenting Term next ensuing after such Survey shall be presented to be made to the Treasurer of such County, who is hereby required to cause a like Notice thereof to be posted in like Manner and at like Time as is required by the said Act in respect to any Survey or Re-survey made in pursuance thereof; and upon its appearing to the Grand Jury at such Assizes or Presenting Term, by Proof upon Oath, that Notices in the Form required by an Act passed in the Parliament of Ireland, in the Thirty-second Year of His present Majesty's Reign, intituled, An Act for improving and keeping in Repair the Post Roads of this Kingdom, has been served upon each Occupier of the Land through which such new Road is proposed to be made in Manner and at the Time required by the said Act, and that the Road pursuant to such Re-survey will be equally or more level as, and not exceed in Length, the Road laid down in such preceding Survey made by Direction of the Postmaster General, it shall be lawful for the Grand Jury, if they shall think proper, at such Assizes (or Presenting Term) to present the said Road in the Direction marked out between such two Points, either in such Re-survey or in the Survey on which the Grand Jury at the preceding Assizes shall have stated their Opinion, or partly as in the one and partly as in the other, as they shall judge best to be the Post Road through such County, County of a Town, or City; and at the same Time to present all such Parts thereof as they shall approve of for a new Line or new Lines of Road, to be laid out, marked, and levelled, and in like Manner to present the Money necessary for laying out the same.

III. Provided always, and be it enacted, That nothing in the said first mentioned Act or in this Act contained, shall deprive any Grand Jury of the Power of considering and deciding upon any such Application for any Presentment for any Line of Road so surveyed, or any Part thereof, or rejecting the same according to their Discretion.

IV. And be it further enacted, That all the Regulations, Clauses, and Provisions respecting any Road to be presented by any Grand Jury, or the traversing the Presentment thereof, or respecting any Money to be raised, advanced, or accounted for under the Provisions of the said Act, (except so far as the same are altered or repealed by this Act) shall extend to any Road presented, or any Money to be raised, advanced, or expended, or any Presentment made under the Authority of this Act, as fully and effectually as if they were herein especially recited and re-enacted respecting the same.

V. Provided always, That when any Grand Jury shall present any Road to be re-surveyed pursuant to the Provisions of this Act, the Court shall cause the Clerk of the Crown to send an attested Copy of such Presentment to the Postmaster General; and it shall not be necessary for the Postmaster General, after the Receipt of such attested Copy, to cause such Road to be re-surveyed in Manner prescribed by the said first mentioned Act.

VI. 'And Whereas the Amount of Money to be raised in each Presenting Term by Presentments of Grand Juries in the County of Dublin, before the passing of the said Act, has been limited by an Act passed in the Parliament of Ireland in the Twenty-sixth Year of His present Majesty's Reign, intituled, An Act for making, widening, and repairing publick Roads in the County of Dublin, and for repealing Parts of several Acts formerly made for that Purpose; and it is expedient that the Amount of Money which may be presented to be raised off the said County by virtue of the said first-recited Act and of this present Act should be also limited;' be it further enacted, That it shall not be lawful for the Court, in any Presenting Term, to allow Presentments to raise Money in the County of Dublin, under the Authority or for the Purposes of the said first recited Act or this present Act, exceeding in the whole One-fourth Part of the Sum, which such Court is authorized to allow by the said last recited Act passed in the Twenty-sixth Year of His present Majesty's Reign.

VII. And be it further enacted, That if the whole Sum which may be to be levied under the Provisions of the said first recited Act or this present Act, or either of them, in the County of Dublin, cannot be levied within Six Years under the Provision aforesaid, it shall be lawful for the Grand Jury of the said County to present the Portions thereof to be respectively raised in each Year, notwithstanding such Portions may extend beyond the Term of Six Years: Provided always, that if such Portions shall extend beyond the Term of Six Years, they shall not be less in any One Year than the Sum which the Court is allowed by this Act to allow Presentments for raising in One Year.

VIII. Provided also, and be it further enacted, That nothing in the said first recited Act contained shall extend to limit the Amount of Money to be raised at any Presenting Term, in the said County of Dublin, if Presentments shall have been fiated for raising at such Term, for the Purposes of the said first recited Act or this Act, or both, the full Sum which the Court is allowed by this Act to allow Presentments for raising.

IX. And be it further enacted, That nothing in the said first recited Act or in this present Act contained, shall authorize any Grand Jury to present any Road to be made through any House above the Value of One hundred Pounds Sterling, or any Deer Park or Field inclosed with a Wall built of Lime and Stone or Brick, or through any planted Lawn or Avenue, or Orchard planted before the passing of the said first recited Act, without the Consent of the Owner thereof.

X. And whereas it is by the said recited act enacted, that no traverse shall be received to any presentment made under the authority of the said act, except for damages; be it further enacted, That so much of the said act, as thereto relates, shall be, and is hereby repealed.

XI. And whereas it is enacted by the said first recited act, that in all cases where the trustees, directors, or commissioners of any turnpike road, shall alter the same in pursuance of the said act, they shall cause a map of such part of the existing road as shall in consequence thereof be discontinued by them, to be deposited with the treasurer of the county in which such part shall be situated; and if the grand jury of such county shall not within eight months after such map shall be so deposited, present such part to be left open as a publick road, and present to be raised off the barony or half barony, or baronies or half baronies, in which such road shall be situated (and which every grand jury is hereby empowered to do), such sum or sums of money as the materials of the said road, and of all bridges and arches thereon, shall amount to, on a valuation to be made thereof, upon oath of three persons, one to be named by the trustees, directors, or commissioners of such road, one other by such grand jury, and the third to be chosen by the other two; every part of such road which shall not be so presented to be kept open, shall be and is hereby declared to be vested in the trustees, directors, or commissioners of such road, and shall and may be set or sold by them, or as many of them as are competent do any act respecting such road; and all materials thereon, or in any bridges, arches, or pipes, upon or across the same, may be taken down, and applied by them to the use and advantage of the road under their care; and all money arising from the sale or setting of such discontinued road, shall be applied in aid of the tolls under their management; be it further enacted, That so much of the said recited act shall be, and the same is hereby repealed.

XII. And whereas it is enacted by the said first recited act, that it shall not be lawful for the court at any assizes to fiat any presentment for raising money for the repair of any road in such county, except a post road, unless such presentment as is therein mentioned be first made and allowed; and also that it shall not be lawful for the court at any assizes or presenting term, from and after the time that any such survey or re-survey, as is mentioned in the said act, shall be laid before the grand jury, to fiat presentments for raising any money off any barony or half barony, or off any county of a town or city in which any such post road, or any part thereof, shall be situated, to be extended to making, repairing, or widening other roads therein, to a greater amount in the whole. than the sum which shall be directed or presented originally, or in the way of increase thereof, to be raised at such assizes or term, until such post road therein shall be completely finished; be it further enacted, That the said recited parts of the said act shall be, and the same are hereby repealed.

XIII. And be it further enacted, That when the Survey, Maps, and Estimates of the Road from Waterford to Limerick shall be finished, Surveys, Maps, and Estimates for a Continuance thereof from Limerick to Galway shall be proceeded upon immediately, any Thing in the said Act to the contrary notwithstanding.

XIV. Provided always, and be it further enacted, That nothing in this Act contained shall extend to prevent any grand jury from making any presentment at any assizes held in the months of July or August one thousand eight hundred and six, on account of any want of notice being served, or of the consent of the owner of any house not having been obtained under the provisions of this act, if in all other repects the several regulaitons prescribed by the said first recited act and this present act, shall have been duly observed.

XV. 'And Whereas the Sums which Grand Juries are empowered by Law to present for making Surveys and Maps of their respective Counties, have been found insufficient,' Be it therefore enacted, That it shall be lawful for any Grand Jury to present to be raised on the County at large, any Sum or Sums of Money not exceeding in the Whole at any One or more Assizes, a Sum after the Rate of Three hundred Pounds for every Fifty thousand Acres contained in such County, according to the County Books or usual Computation thereof, and so in Proportion for any greater or less Quantity for the Purpose of obtaining an accurate Survey and Map of the County, and of engraving such Number of Copies thereof as the Grand Jury shall deem necessary for the Use of such County.