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Second Report from the Select Committee of the Local Taxation of the City of Dublin

09/07/1823

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Second Report from the Select Committee of the Local Taxation of the City of Dublin

Date of Article: 09/07/1823
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310 APPENDIX TO REPORT OF SELECT COMMITTEE, & c. the marshalsea, in the place of one Edward Harris, who was before the keeper of said prison, to hold said office, the said Bermingham during his good behaviour, with all the fees, regards and profits to the said office appertaining, and such as the marshal of the said city hath at any time heretofore had, perceived, used and enjoyed, to continue in said office during his good conduct, unless in the mean time by reason of any provision in these presents or for misconduct, he be removed by the common council of the said city, or the major part of them; provided the said John Bermingham and every other person to be elected to that office, shall take his corporal oath well and faithfully to execute said office in and by all things to the same appertaining, and the oath of fealty in these presents men- tioned, before the mayor of the said city of Dublin, to whom we give power to administer said oaths: And further, we direct, for us, our heirs and successors, that if the said John Bermingham or any other person to be hereafter elected to that office, shall die or be amoved from his office, whom we will, shall be amoveable for misconduct, by the mayor and the rest of the common council of the said city, or the major part of them, that then it shall and may be lawful for the mayor and the rest of the common council of the said city, for the time being, to elect another discreet man out of the commons or inhabitants of said city, to be the keeper and marshal of the said prison called the Marshalsea, of the said city: And further, for us, our heirs and successors, We do give and grant to the said mayor, sheriffs, commons and citizens of the city of Dublin, and their successors, that a market shall be hereafter held in Lazy- hill, within said city and the franchises thereof, commonly called Roscommon Market, in the place there appointed and chosen by Carey Earl of Roscommon, his executors, administrators and assigns, his rights, title and interests, which he claimeth and hath under the mayor, sheriff's, commons and citizens of the city of Dublin; provided the market to be so held shall not injure or impede the streets there, any thing in these presents to the contrary notwithstanding. And further, We order, that it shall be lawful for the said John Bermingham during his absence, or in sickness, or for any reason- able cause, to appoint a deputy marshal or keeper of the said prison, to continue in said office during the pleasure of the said John Berminghan, provided such deputy to be from time to time made, shall be approved of and allowed by the common council of the said city, or the major part of them for the time being; and provided such deputy takes the oath of well and truly executing that office, and the oath in these presents mentioned, before the mayor of the said city, for the time being, to whom we give power to administer said oaths: Saving and reserving to James Talbot of Templeoge, in the county of Dublin, his heirs and assigns, and to every person or persons claiming or deriving by from or under him or them, all his or their rights, title and interests, of in and to the said water and watercourse, leading or coming from Templeoge alias Townloge, to the city of Dublin, and to all the rent and port corn which are or shall be from thence due, to the said Talbot, his heirs and assigns : And further, we will, declare and direct, and firmly enjoining com- mand, for us, our heirs and successors, that the said mayor, sheriffs, commons and citizens of the said city of Dublin, and their successors, and every of them, shall and may have, hold, use and enjoy, all the liberties, authorities, franchises, jurisdictions, taxations, customs, duties, immunities, lands and tenements aforesaid, according to the tenour and effect of of these our letters patent, without the hindrance or impediment of us, our heirs or succes- sors, or of the justices, sheriffs, bailiffs or other officers of us, our heirs and successors whomsoever, forbidding that the said mayor, sheriffs, commons and citizens of the said city of Dublin, or any of them, shall be in anywise disturbed, molested or aggrieved by reason of the premises, or any of them, by us, or by our heirs, or by the justices, sheriffs, escheators, bailiffs, or other ministers of us, our heirs or successors whomsoever: And further for us, our heirs and successors, We do give and grant to the said mayor, sheriffs, commons and citizens of the city of Dublin, and their successors, that if any alderman to be here- after nominated and elected to the office of mayor of the said city, shall die before he be sworn into the office of mayor, or refuse to undertake said office, or if any burgess or burgesses hereafter to be elected sheriff or sheriffs of said city, shall either die or refuse to undertake the execution of said office, that in such case it shall be lawful for the common council of the said city, or the major part of them, to elect another of the aldermen of said city, to be mayor of said city, in the place of him so deceased or so refusing that office ; and to elect out of the burgesses of said borough, one or two persons to be sheriff or sheriffs of the said city, in the place of him or them so deceased or refusing, and so as often as the case shall so happen; provided such person so elected mayor shall take the several oaths aforesaid, appointed to be taken by the mayor of the said city, before the chief governor or governors of our kingdom of Ireland, for the time being, or before the chief baron of our court of Exchequer, of our said kingdom of Ireland, for the time being, or before the last mayor who had filled that office the preceding year, to whom respectively, We do, for us, our heirs and successors, give power to administer said oaths; and provided such person or persons so to be elected sheriff or sheriffs do take the several aforesaid oaths, to be taken by the sheriffs before the mayor of the said city, for the time being, to whom We give power to ad- minister the said oaths: And further, for us, our heirs and successors, We do ordain and declare that the aforesaid oaths above- mentioned, to be taken by the mayor, sheriffs, alder- men, recorder, common councilmen, burgesses and other officers of the said city, of well and faithfully executing their respective offices as aforesaid, shall be the oaths usually and anciently taken, of well and faithfully executing their respective offices or places; and that the oath of a freeman, to be as aforesaid taken by freemen of said city, as is above appointed shall be the oath anciently used to be taken by freemen : And further, We will, and for us, our heirs and successors, do grant to the said mavor, sheriffs, commons and citizens
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