Cork Improvement Act 1868
| Jurisdiction | UK Non-devolved |
| Citation | 1868 c. xxxiii |
ANNO TRICE8IMO PRIMO & TRICESIMO SECUNDO
VICTORLE REGIN.E.
***************************************************
Cap.
xxxiii.
An Act to enable the Mayor, Aldermen, and
Burgesses of the Borough of Cork to make a
Diversion in the Line of the Cork, Blackrock,
and Passage Railway; to authorize Agreements
with the Harbour Commissioners ; to define and
extend the Powers of the Corporation in re-
ference to Water Supply and Matters of local
Government; to raise further Monies ; to alter
and amend the existing Acts relating to the
Borough ; and for other Purposes.
[25th June 1868.]
W
HEREAS the Borough of
Cork
in the County of the City
of Cork (in this Act respectively referred to as "the
Borough " and " the County of the City ") is a Municipal
Borough, under the Government of the Mayor, Aldermen, and
Burgesses of the Borough (in this Act referred to as " the Corpo-
ration
"):
And whereas the Corporation in or about the Year 1846
reclaimed and enclosed a Tract of Mud or Slob Land One hundred
and.
fifty-five
Acres or thereabouts in Extent within the Borough and
[Local] 4 T adjoining
350 31° & 32° VICTORIA, Ca/>.xxxiii.
The Cork
Improvement
Act, 1868.
adjoining the River Lee, called " the Upper Park," and afterwards
reclaimed and enclosed another Portion of Slob or Mud Land Eighty-
nine Acres or thereabouts in Extent, called " the Lower Park," and
such reclaimed Lands together are now generally known and are in
9
&
io Vict, this Act referred to as " the Park: " And whereas by " The Cork,
c.
cxlviii.
Blackrock, and Passage Railway Act, 1846," (in this Act called
" the Railway Act of 1846,") the Company, in that Act called " the
Cork,
Blackrock, and Passage Railway Company (and in this Act
called "the Railway Company"), Avere authorized to make and
maintain a Railway (herein-after called " the Passage Railway ")
from the Borough through the Townland or District of Blackrock to
the Town of
Passage
West, all within the County of the City and
County of
Cork,
passing through, among others, that Part of the
Property of the Corporation called the Blackrock or South Slob,
io&HVict. adjoining "the Park:" And whereas by "The Cork, Blackrock,
e-lix- and
Passage
Railway Extension to
Monkstown
and Amendment Act,
1847,"
(in this Act called " the Railway Act of 1847,") the Powers
of the Railway Company were extended, but by Section Twenty-one
of that Act it was expressly enacted as follows, with respect to the
Slob Lands, Part as aforesaid of the Property of the Corporation,
" And whereas it is expedient that Provision should be made for
" the Construction at a future Time of a Dock or Docks on the Slob,
" near Cork: Be it therefore enacted, That the said Company shall
" at any Time hereafter, when required by the Lord High Admiral
" or the Commissioners " (of Railways), " set back the Line of the
u said Railway sufficiently for that Purpose on Ground to be pro-
" vided by the Dock Promoters, such Ground and the Power to set
" back the Line being first obtained by the said Dock Promoters :"
And whereas by an Indenture of Lease bearing Date the 9th Day of
October
1848 the Corporation, with the Consent and Approval of the
Commissioners of Her Majesty's Treasury, demised to the Railway
Company for the Term of One thousand Years from the 1st Day of
May 1847 a Plot of Land Nine thousand Feet in Length and One
hundred Eeet in Breadth, forming Part of the Corporate Property
called "the Park," and the Blackrock or South Slob, at the
yearly Rent of Eifty Pounds, being the same Land or Part of the
same Land referred to in the said Twenty-first Section of the Rail-
way Act of 1847; and the existing Line and Terminus of the
Passage Railway have been in part constructed upon the Plot of
Land so leased by the Corporation : And whereas the Trade of the
Borough and Port of Cork have of late greatly increased, but by
reason of the Construction and Existence in its present Line of that
Portion of the Passage Railway which commences near the Eoot
Bridge on the Navigation Wall, and extends to the Terminus near
the Victoria
Road,
the Park is deprived of Access to the River
Frontage, and is rendered unavailable for Trade or public Purposes:
And
31°
&
32° VICTORLE, C^.xxxiii. 351
The Cork Improvement Act, 1868.
And whereas the Corporation have in their Possession or under
their Control within the Park a Site which they are willing to assign
to the Railway Company in furtherance of this Act upon Terms as
favourable to the Railway Company as those upon which the Site of
such Portion of the existing Line is held by them: And whereas it
would be attended with local and public Advantage if the Corpo-
ration or the Railway Company were authorized and required to
remove and put back such Portion of the existing Line (herein-after
called "the abandoned Portion"), and to construct a substituted
Line or Lines of Railway in the Manner and upon the Terms herein-
after provided: And whereas by an Act passed in the First Year of
the Reign of His late Majesty King George the Fourth, intituled
An Act for erecting a Ballast Office, and for regulating Pilots IG.4.
c.
Hi.
within the Port and Harbour of Cork, and for rendering more
safe and
commodious
the said Port and Harbour for all Shijis and
Vessels trading to and from the same, (in this Act referred to as
"the Act of 1820,") the Commissioners for improving and pre-
serving the Port, Harbour, and River of Cork (in this Act called
*'the Harbour Commissioners") were constituted and authorized;
and by the " Cork Harbom- Amendment Act, 1866," the Powers of
29
& soviet.
the Harbour Commissioners were confirmed and extended: And C,CXXXI-
whereas the Harbour Commissioners have expended and are expend-
ing large Sums of Money in deepening and improving the River
Lee, and for that Purpose in the Removal of Alluvial Matter dredged
from the Bed of the River (and herein-after called " dredged Stuff"),
but for the increased and increasing Trade of the Port still further
Improvements are required, and in the Prosecution of such "Works
great Difficulty has been and is experienced and Cost incurred in
obtaining Sites for the Deposit of dredged
Stuff:
And whereas a
convenient Site for such Deposit would be rendered available by the
Removal of the abandoned Portion of the Passage Railway, and in
addition to anv Pavment made by the Harbour Commissioners for
Permission to deposit dredged Stuff an increased and progressive
Value would thereby be given to the Lands of the Corporation so
utilized, and it is expedient that the Agreement in that Behalf
between the Corporation and the Harbour Commissioners set forth
in the Schedule (B.) hereto be confirmed and carried into effect as
in this Act provided: And whereas it is expedient that Powers
with respect to the abandoned Portion and to the Disposal and
Management of the Park generally be conferred upon the Corpora-
tion: And whereas by " The Cork Improvement Act, 1852," (in this
15 &
16 Vict.
Act called " the Act of 1852,") the Corporation were empowered to Cl cxliU-
purchase the Undertaking (in the Act of
1852
called "the Pipe Water
Trust"),
and divers other Powers were by the Act of 1852 conferred
upon the Corporation for the Improvement and good Government of
£he Borough: And whereas by "The Cor k Municipal Corporation
16& 17
Vict.
Act, c-x-
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