Juvenile Convict Prison (Ireland) Act 1856
(19 & 20 Vict.) C A P. XXIV.
[23d June 1856]
'WHEREAS by an Act passed in the Session of the Tenth Year of Her present Majesty, ChapterTwenty-six, the Commissioners of Public Works inIreland were incorporated, and authorized to purchase, as therein mentioned, Land for Prisons in Ireland: And whereas it is expedient to erect a suitable Prison for the Reception of Juvenile Convicts in Ireland , and certain Lands called the ‘Racecourse Commons,’ situate in the Parish ofLusk in the Barony of Balrothery East and County of Dublin , which are no longer used for a Racecourse, and are now lying waste and unproductive, would be a suitable Site for such Prison and the Purposes connected therewith, which Lands are described in the Schedule to this Act, and delineated on a Plan thereof, of which Copies have been deposited for public Inspection at the Office of the Clerk of the Peace for the County of Dublin: And whereas it is expedient that the said Commissioners should obtain compulsory Powers for the Purchase of the Estate, Interest, and Rights of all Persons in the said last-mentioned Lands; but the same cannot be effected 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:
I Construction of Terms.
I. In the Construction of this Act the following Words and Expressions shall, if not inconsistent with the Context, have the Meaning herein-after assigned to them; (that is to say,) the Word ‘Commissioners’ shall mean the Commissioners of Public Works inIreland , or any Two of them; ‘Lord Lieutenant’ shall mean the Chief Governor or Chief Governors of Ireland for the Time being; and ‘Lands’ shall include Houses and Tenements and all Estates and Interests therein.
II Short Title.
II. This Act may be cited for all Purposes as ‘TheJuvenile Convict Prisons Act, 1856.’
III Provisions of 10 Vict. c. 26., except Section 4, and of 8 & 9 Vict. c. 18., extended to this Act.
III. The several Provisions of the said recited Act passed in the Tenth Year of Her present Majesty, Chapter Twenty-six, except Section Four, and the several Provisions of ‘The Lands Clauses Consolidation Act, 1845,’ shall so far as the same may be applicable to and are not inconsistent with or modified by the Provisions of this Act, be incorporated with and form Part of this Act, and shall be applicable to the Purposes thereof; and in the Construction of this Act, and the said incorporated Act, this Act shall be deemed to be the Special Act: Provided always, that all Things by the Lands Clauses Consolidation Act, 1845, required or authorized to be done by the Promoters of the Undertaking may be done by any Two of the Commissioners.
IV Power to purchase Land, and erect a Prison thereon.
IV. It shall be lawful for the Commissioners, with the Approval and under the Direction of the Commissioners of Her Majesty's Treasury, and subject to the Provisions herein and in the ‘Lands Clauses Consolidation Act, 1845,’ contained, to purchase, compulsorily or by Agreement, and hold, the whole or any Part of the Lands mentioned and described in the Schedule to this Act annexed, and delineated on the Map or Plan deposited as aforesaid, which shall be required for the Site of the said Prison, and the Lands and Premises to be occupied therewith, and to erect, establish, and maintain thereon or any Part thereof a Prison for the Reception of Juvenile Convicts, with all necessary Enclosures and Erections, and to lay out the same with all such Paths and Roads as the Commissioners may deem necessary, and after the Completion of such Purchase all Commonable Rights in, over, or affecting the said Lands shall be extinguished, and the said Lands shall be vested in the said Commissioners in trust for Her Majesty, Her Heirs and Successors.
V Compulsory Purchase of Lands limited.
V. The Powers of the Commissioners for the compulsory Purchase or taking of Lands shall not be exercised after the Expiration of Five Years from the passing of this Act.
VI Commissioners to deliver Maps, Schedules, and Estimates at the Office of the Directors of Convict Prisons, Dublin Castle, and deposit Copies with Clerk of the Peace and Clerk of Union.
VI. In order to acquire the said Lands without Delay and at the least possible Expense, the Commissioners shall cause to be made out, and to be signed by their Secretary, Maps or Plans and Schedules of the Lands, (for the Purchase of which, or of all the several Interests in which, the Commissioners shall not have contracted,) together with the Names of the Owners or reputed Owners, Lessees or reputed Lessees, and Occupiers of the said Lands respectively, so far as the same can be reasonably ascertained, with Estimates of the separate and distinct Value of the Interest of every Party therein whose Interest the Commissioners shall not have contracted to purchase, so far as the same can be reasonably ascertained; and every such Map or Plan shall be upon a Scale of not less than One Inch to every Two hundred Feet; and all Lands, Buildings, Yards, and Courtyards, and Lands within the Curtilage of any Building and Ground, cultivated as a Garden, shall be marked thereon with distinct Numbers corresponding with the Numbers marked upon the Map or Plan herein-before referred to, showing the Lands required for the Site of the said intended Prison, and the Lands and Premises to be occupied therewith; and the Commissioners shall deposit such Maps or Plans, Schedules, and Estimates at the Office of the Directors of Convict Prisons,Dublin Castle , and a Copy of such Maps or Plans, Schedules, and Estimates with the Clerk of the Peace of the County of Dublin , and a Copy of the said Maps or Plans, Schedules, and Estimates with the Clerk of the Poor Law Union in which the said Parish of Lusk is included.
VII Power to appoint an Arbitrator, on Application of Commissioners.
VII. After such Deposit at the Office of the Directors of Convict Prisons as aforesaid, it shall be lawful for the Lord Lieutenant, upon the Application of the Commissioners, to appoint a fit Person to be Arbitrator under this Act; and if any such Arbitrator die, or refuse or become incapable to act, the Lord Lieutenant may appoint an Arbitrator in his Place, who shall have the same Powers and Authorities as the Arbitrator first appointed.
VIII Arbitrator may call for Documents and administer Oaths.
VIII. The Arbitrator may call for the Production of any Documents in the Possession or Power of the Commissioners or of any Party making any Claim under the Provisions of this Act which such Arbitrator may think necessary for determining any Question or Matter to be determined by him under this Act, and may examine any such Party and his Witnesses, and the Witnesses for the Commissioners, on Oath, and administer the Oaths necessary for that Purpose.
IX Arbitrator to make and subscribe Declaration.
IX. Before any Arbitrator shall enter upon any Inquiry he shall, in the Presence of a Justice of the Peace, make and subscribe the following Declaration; that is to say,
'IA.B. do solemnly and sincerely declare, That I will faithfully and honestly, and to the best of my Skill and Ability, hear and determine the Matters referred to me under the Provisions of ‘The Juvenile Convict Prisons Act, 1856.’
Made and subscribed in the Presence of .'
And such Declaration shall be annexed to the Award when made; and if any Arbitrator, having made such Declaration, wilfully act contrary thereto, he shall be guilty of a Misdemeanor.
X Maps, &c. deposited with Directors of Convict Prisons to be delivered to Arbitrator.
X. Upon the First Appointment of an Arbitrator as aforesaid the Directors of Convict Prisons shall deliver to such Arbitrator the Maps or Plans, Schedules, and Estimates deposited at their Office as herein-before required; and the Commissioners shall forthwith after such Appointment publish Notice of such Appointment and of such Deposits as herein-before directed with such Clerk of the Peace and Clerk of Poor Law Union as aforesaid once in the ‘Dublin Gazette,’ and once in each of Three successive Weeks in some one and the same Newspaper circulated in the County of Dublin , stating the Times and Places of such Deposits, and requiring all Persons claiming to have any Right to or Interestin the Lands required for the Purposes of this Act and specified in such Maps or Plans, or to have Compensation for any Injury to any Lands injuriously affected by the Exercise of the Powers of the Commissioners, to deliver to the Arbitrator, on or before a Day fixed by the Arbitrator and named in such Notice (and which Day shall not be earlier than Thirty-one Days from the Date of the Insertion of the last of such Newspaper Notices), a short Statement in Writing of the Nature of such Claim; and upon the Appointment of any Arbitrator in the Place of an Arbitrator dying...
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