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Providing for Payment of Costs of former Applications to Parliament.
9 & 10 Vict. c. 106.
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CXXXII. ‘And whereas in the Years One thousand eight hundred and forty-seven, One thousand eight hundred and forty-eight, and One thousand eight hundred and forty-nine, certain Bills were promoted for the Improvement of the Borough of Dublin and the continuous Supply of Water therein, also for the Consolidation of several of the public Boards of said Borough, and for providing for the better paving, cleansing, and Sewerage of said Borough, also for the Abolition of several of the public Boards and Trusts in the Borough of Dublin, by or on behalf of the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin, at the Solicitation of William Ford, Town Clerk, and George Lewis Smyth, Parliamentary Agent for the said Corporation in the Matter of said Bills and the Proceedings herein referred to, and also by or on behalf of certain Rate-payers of said Borough of Dublin, at the Solicitation of Frederick Jackson of Dublin, Solicitor, and Thomas Baker of Spring Gardens, Westminster, Parliamentary Agent of and for said Rate-payers in the Matter of said Bills and the Proceedings herein referred to respectively: And whereas certain Costs, Charges, and Expense were incurred by or on the Part of the Promoters of the said Bills respectively, as well before the Surveying Officers appointed under an Act of Parliament passed in the Ninth and Tenth Years of the Reign of Her present Majesty, intituled An Act for making preliminary Inquiries in certain Cases of Applications for Local Acts, as well as for and on account of the necessary Proceedings before Parliament in the said Years in relation to the said Bills, and connected therewith or incident thereto, and also in relation to the passing of this Act: And whereas the Costs, Charges, and Expenses incurred as aforesaid still remain due and unpaid to the said respective Parties, and it is expedient to provide for the Payment of the same, as Costs, Charges, and Expenses attending or incident to the applying for and obtaining this Act:’ Be it therefore enacted, That within Six Calendar Months after the Commencement of this Act the said William Ford and George Lewis Smyth and the said Frederick Jackson and Thomas Baker respectively shall furnish their aforesaid Costs, Charges, and Expenses to the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin, who shall, within Six Calendar Months after the Statement of said Costs shall respectively have been furnished to them, either make an Order for the Payment of the same upon the Treasurer of the said Borough, or for the Payment of any lesser Sum in discharge thereof, as they shall deem just and reasonable, when Funds applicable to the Payment of said Costs shall have reached the Hands of the said Treasurer, so that in either Case such Costs shall not exceed in the whole the Sum of Six thousand Pounds; or in case the said Lord Mayor, Aldermen, and Burgesses shall not make such Order or Orders as aforesaid within Six Calendar Months after the said Costs shall have been respectively furnished to them as aforesaid, or shall omit to send the Statement of said Costs and Expenses respectively for Taxation to the Taxing Officer within such last-mentioned Period, in the Manner herein-after mentioned, then the said Costs and Expenses shall respectively be held to be ascertained at the Amount furnished, but such Sum not to exceed the Sum of Six thousand Pounds in the whole: Provided always, that in case either of the said Parties shall be dissatisfied with the Sum so ordered, then and in such Case the said Lord Mayor, Aldermen, and Burgesses shall, within Six Calendar Months after the Statement of the said Costs and Expenses shall have been so furnished, send the Statement of the said Costs and Expenses of the Party so dissatisfied to be ascertained and determined according to the Manner prescribed by “The House of Commons Costs Taxation Act, 1847;” and it shall be lawful for the Taxing Officer appointed under the said Act, and he is hereby authorized and required, to ascertain and determine all and singular the aforesaid Costs and Expenses, together with the Costs and Expenses of ascertaining and determining the same, upon being requested by the said Corporation, under their Common Seal, so to do; and such Sum or Sums of Money as shall be ascertained and determined, according to the Provisions of the said Act and the Authority of this Act, to be due and payable, provided that said Sum or Sums shall not exceed in the whole the Sum of Six thousand Pounds, for and on account of such Costs and Expenses, shall be and the same is and are hereby required to be paid by the Treasurer of the said Borough to the said William Ford and George Lewis Smyth and to the said Frederick Jackson and Thomas Baker respectively, out of the Rates by this Act authorized to be raised: Provided always, that all the Costs, Charges, and Expenses incurred by or on behalf of the Lords of the Admiralty and the Commissioners of Her Majesty‘s Woods and Forests respectively, in relation to any Inquiries had or made under the Authority of the said last-recited Act of the Ninth and Tenth Year of Her present Majesty, shall be paid by the Treasurer of the said Borough in priority to any other Payment by this Act authorized to be made in relation to the said Bills, and the Amount of such Costs, Charges, and Expenses shall be deducted from the Sum herein-before authorized to be paid.
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