(Private) DUNDALK HARBOUR AND PORT ACT, 1925

AN ACT TO CONFER POWERS ON THE DUNDALK HARBOUR COMMISSIONERS, FOR THE CONSERVANCY AND IMPROVEMENT OF THE PORT AND HARBOUR OF DUNDALK AND THE NAVIGATION THEREOF, AND FOR THE ACQUISITION OF THE QUAYS OF DUNDALK AND THE CONSTRUCTION OF A NEW QUAY FRONTAGE, AND TO EMPOWER CERTAIN RECLAMATIONS, AND FOR OTHER PURPOSES CONNECTED THEREWITH.

[18th June, 1925.]

WHEREAS by the Local and Personal Act of the 3rd and 4th Victoria Chapter 119 intituled “An Act for regulating, preserving, improving and maintaining the River, Port and Harbour of Dundalk in the County of Louth in Ireland,” certain Commissioners were appointed for effecting the said purposes and also to carry into execution the several powers of the said Act, and were empowered and authorised to levy certain duties and rates in the said Act mentioned and to borrow on the credit of said rates and duties the sum of £120,000:

AND WHEREAS certain sums were borrowed on the security of said rates and duties and other property vested in the Commissioners, and, under the powers of the said recited Act, the Commissioners constructed a sea wall or embankment from the quays at Dundalk along the south side of the river to or near the Soldier's Point and diverted the original course or channel of the said river between the points aforesaid and erected buoys and mooring-posts and straightened and deepened the channel leading to the said quays:

AND WHEREAS by “The Dundalk Harbour and Port Act 1855” (in this Act called “the Act of 1855”) certain Commissioners with others to be thereafter elected in succession as therein mentioned, were appointed and empowered for carrying the Act of 1855 into execution and were authorised and empowered to straighten the course of the river and make a new cut or channel and to construct certain embankments and other works and to levy certain rates and duties therein mentioned and to borrow on the credit of said rates and duties any sum not exceeding the sum of £49,000, and the said recited Act of 3rd and 4th Victoria Cap 119 was repealed:

AND WHEREAS the said Commissioners have borrowed a sum of £35,000 on the security of the said rates and duties and other property vested in the Commissioners, and under the powers of the Act of 1855 have executed certain works but have not made said new cut or channel or constructed the said embankments:

AND WHEREAS the investments in redeemable stocks made by the Commissioners in respect of sinking fund for the purpose of repayment of the said recited sum of £35,000 borrowed under the Act of 1855 are sufficient when matured to fully satisfy the said sum:

AND WHEREAS it is expedient that powers should be granted to the Commissioners from time to time in addition to the monies borrowed under the Act of 1855 to borrow at interest from any person or Corporation who may be willing to advance the same any sum not exceeding the sum of £150,000 on the credit of the several tolls by this Act authorised to be levied and other funds and property vested in the said Commissioners under this Act or any other Act and to secure the repayment of any such monies by assignment of the said tolls, funds and property or any of them as a security to the persons who shall advance or lend such monies or to any trustee for such persons for repayment of the monies so borrowed:

AND WHEREAS the Commissioners were empowered by the Act of 1855 to enter upon and take and use certain lands described in a certain book of reference deposited with the Clerk of the Peace of the County of Louth and also to purchase all or any of the then existing quays and wharves and the inlets connected therewith within the said port and harbour:

AND WHEREAS “The Harbours, Docks and Piers Clauses Act 1847” (except the Sections 25 and 26 thereof with respect to the rates to be taken by the undertakers), so far as the same was not varied by the said Act, was incorporated therewith:

AND WHEREAS under and by virtue of the Act of 1855 and of “The Harbours, Docks and Piers Clauses Act 1847” incorporated therewith the Commissioners have acquired certain lands and premises set out in the Schedule “B” to this Act annexed, but have not acquired any of the quays or wharves or inlets connected therewith so authorised to be purchased by them, save and except a certain inlet or dock numbered 8 in the Schedule “A” of the Act of 1855, and the time limited by said Act for the compulsory purchase thereof has expired:

AND WHEREAS the provisions of the Act of 1855 relating to pilotage were repealed by the 10 and 11 George V. Chapter 104 entitled “Pilotage Orders Confirmation (No. 2) Act 1920”:

AND WHEREAS by Provisional Order of the 3 Edward VII. entitled “Pier and Harbour Provisional Orders (No. 4)” and cited as “The Dundalk Harbour Order 1903” certain alterations in the method of assessing tonnage dues were substituted for the method prescribed by the Act of 1855:

AND WHEREAS the improvement of the Port of Dundalk would be more effectually attained if the works authorised by the Act of 1855, in so far as same have not been carried out, were abandoned and substituted by the works authorised by this Act, and it is expedient that the Commissioners should have additional powers for the conservancy and improvement of the navigation of the river, sea and bay within their jurisdiction, and that further powers for the development and due conservancy of the port and harbour of Dundalk and for the reclamation of sloblands and the construction of the necessary retaining embankments by this Act authorised and for the purchase of quays and other purposes and also for raising the further monies for the purposes aforesaid should be granted, and that some of the powers and provisions of the Act of 1855 should be altered, amended and extended, and that further powers should be given; and that same would be most conveniently effected if the Act of 1855 were repealed (in so far as it has not been already repealed) and some of the provisions thereof re-enacted and additional powers granted and also if the Dundalk Harbour Order 1903 were repealed:

AND WHEREAS a plan and section showing the lines situations and levels of proposed new quays, reclamations, embankments and other works and plans showing the lands which may be taken compulsorily for the purposes or under the powers of this Act and also a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of such lands were duly deposited with the Clerk of the Peace of the county of Louth, and such plans, sections, and book of reference are in this Act respectively referred to as the deposited plans, sections and book of reference:

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Repeal of Act of 1855 and Dundalk Harbour Order, 1903.

1.—This Act shall commence and have effect on and from the third Tuesday next after the passing of this Act, and on and from that day the Act of 1855, in so far as not already repealed, and the Dundalk Harbour Order 1903 shall be and the same are hereby repealed.

2 Lands Clauses Consolidation Act, 1845, and Commissioners Clauses Act, 1847, incorporated.

2.—The Lands Clauses Consolidation Act 1845 and The Commissioners Clauses Act 1847 (except such of the provisions of those Acts as are expressly varied by this Act) shall be incorporated with and form part of this Act, and those Acts shall be construed as if the words “High Court of Justice” or “Supreme Court of Justice” had been used instead of “Superior Courts,” or “Court of Exchequer,” the words “District Justice” instead of “Justices” and “two Justices,” the words “Minister for Industry and Commerce,” instead of “Board of Trade,” and the words “Session of Circuit Court” instead of “Quarter Sessions.”

3 Harbours, Docks and Piers Clauses Act, 1847, incorporated.

3.—The Harbours, Docks and Piers Clauses Act 1847 (except the sections 25 and 26 thereof with respect to the rates to be taken by the undertakers) shall, so far as the same is not expressly varied by the provisions of this Act, be incorporated with and form part of this Act; and in construing that Act the expression “the harbour, dock or pier” shall mean the port, piers, quays, wharves, reclamations, embankments, roads, approaches, sidings and works by this Act vested in the Commissioners or authorised to be made and maintained by them respectively, or to be acquired by them by virtue of the powers of this Act; the expression “the undertakers” shall mean “the Commissioners” and the expression “the harbour master” shall include, with reference to the harbour, the harbour master by this Act continued in office.

4 Not incumbent on Commissioners to provide life boat, etc.

4.—Provided that nothing in this Act or in the Harbours, Docks and Piers Clauses Act 1847 contained shall extend or be construed to extend to compel the Commissioners to provide and maintain any life boat or mortar and rockets or crew for the same respectively, or any tide guage or barometer.

5 Interpretation of terms.

5.—In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith or by the Act of 1855 have the same respective meanings unless there be something in the subject or context repugnant to such construction.

And—

The expression “the Commissioners” means the Dundalk Harbour and Port Commissioners.

The expression “tolls” includes all tolls rates duties and charges payable to the Commissioners whether in respect of ships, goods, river craft or otherwise.

The expression “Quarter Sessions” means the Session of the Circuit Court.

6 Certain parts of 8 and 9 Vict. c. 20 as to temporary occupation of lands incorporated.

6.—All the sections in the Railway Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof, except section 32 of that Act, shall be incorporated with and form part of this Act; and such clauses shall in connection with this Act be construed as if the word “Commissioners” had been used throughout these clauses instead of the word “Company" and as if the words “quays” “sloblands” or “embankments” had been used instead of the word “railway”.

7 Limits of port.

7.—The limits of the port and harbour of Dundalk shall, for the purposes of this Act, extend to and include the river, port and harbour of Dundalk within the space covered by water at high water of spring tides between the bridge of Dundalk and an imaginary line drawn straight from the seaward end of Dunany Point in the townland and parish of Dunany in the county of Louth to the seaward end of Cooley Point in the townland of Templetown in the parish of Carlingford in the said County (excepting the area within the limits of the harbour of Annagassan as defined in the Piers and Harbours Orders Confirmation Act (No. 3) of the 2 and 3 George V.); and within those limits it shall be lawful for the Commissioners to deepen, cleanse, scour, dredge, regulate, improve, manage and maintain the said port and harbour and the entrance thereof in such manner and to such extent as they shall deem expedient; and nothing in this Act contained shall extend or be construed to extend to charge any toll for or in respect of any vessel not coming within those limits.

8 Act to be carried into execution by Commissioners.

8.—The Commissioners and their successors to be appointed and qualified as hereinafter mentioned shall be the Commissioners for executing this Act, and may and shall exercise the several powers by this Act conferred on them.

9 Qualification of Commissioners.

9.—Every person who at the time of such election—

• (a) shall be resident within the urban district of Dundalk or within five miles from the courthouse of the said town as measured in a straight line on the ordnance survey of Ireland; and

• (b) shall be in actual occupation of lands or houses rated to the relief of the poor at the net annual valuation of £20 within the said urban district and shall for each of the two years next immediately preceding the date of such election have paid rates due on lands or houses of the net annual value of £20 situate as aforesaid except such as shall have become payable within three months next before the date of such election

shall subject to the provisions of this Act be qualified for election as a Commissioner:

Provided that the premises in respect of the occupation of which any such person shall be qualified as aforesaid in any year shall not be required to be the same premises but may be different premises occupied in immediate succession by him within the said urban district.

10 Qualification of electors of Commissioners.

10.—The following persons and no others shall be entitled to vote in the election of the Commissioners:-

Firstly: - Every person who at the time of such election shall be in actual occupation of lands or houses rated to the relief of the poor at the net annual valuation of £20 within the urban district and shall for each of the two years next immediately preceding the date of such election have paid rates due on lands or houses of the net annual value of £20 situate as aforesaid except such as shall have become payable within three months next before the date of such election:

Provided that the premises in respect of the occupation of which any such person shall be qualified as aforesaid in any year shall not be required to be the same premises but may be different premises occupied in immediate succession by him within the urban district;

Secondly: - Every person registered at the port of Dundalk as the owner of not less than 100 tons register of shipping belonging to the said port;

Thirdly: - Every person possessed in his own right of not less than the capital sum of £100 in the stock of any shipping company or steam vessel company established at or trading from the port of Dundalk and residing within five miles from the courthouse of Dundalk;

and in the construction of this section the word “person” shall include “limited liability company” “trading company” and “trading partnership”: and any such limited liability company may vote by any director or by its secretary or other officer duly authorised under seal: and any such trading company or trading partnership may vote by one of its members or partners duly authorised in writing.

11 Certified lists of owners of shipping, etc.

11.—The secretary or other person for the time being performing the duties of secretary of the Commissioners shall on or before the 15th day of January in every year obtain from the customs officer in charge of the register of shipping at the Custom House at Dundalk a certified list of registered shipowners owning 100 tons or upwards of shipping and registered at the port of Dundalk, and from the secretary of every shipping company or steam vessel company established at or trading from the port of Dundalk a certified list of all persons owning not less than the capital sum of £100 in the stock of such company and residing within five miles from the courthouse of Dundalk, both as on the 31st day of December next preceding; and the persons whose names shall appear on said lists shall be the persons entitled respectively to vote as registered shipowners or owners of stock in shipping companies or steam vessel companies at the next succeeding election of Commissioners.

12 No person to have more than one vote.

12.—No person shall be entitled to more than one vote at any election of Commissioners.

13 Place and hours of election.

13.—At every election of Commissioners the poll shall be held at the office of the Commissioners and shall remain open from nine o'clock in the forenoon until six o'clock in the afternoon.

14 Commissioner neglecting to act, to cease to be one.

14.—Every Commissioner who for the space of three months after his appointment or election neglects to make and subscribe the declaration required by the Commissioners Clauses Act 1847 and to act in the execution of this Act, or who for six months is absent from all meetings of the Commissioners, shall be deemed to have refused to act.

15 First Commissioners.

15.—The number of Commissioners for carrying this Act into execution shall be eighteen; and William Twibill, Thomas Fitzgerald McGahon, Sir Thomas Callan Macardle, Bernard Hamill, Charles P. Glendon, Charles Henry Cooper, James Wynne, Patrick Deery, Patrick O'Connell, James McCourt, Irwin Lockington, Edward J. Williams, Bernard McGuinness, Mathew O'Neill, William Bernard Connolly, and the chairman and vice-chairman for the time being of the Dundalk Urban District Council and the chairman for the time being of the county council of the county of Louth shall be the first Commissioners for carrying this Act into execution and except as regards the chairman and vice-chairman for the time being of the Dundalk Urban District Council and the chairman for the time being of the county council of the county of Louth shall go out of office at the times and in the manner prescribed by the Commissioners Clauses Act 1847 and their successors shall be elected in the manner referred to in the Commissioners Clauses Act 1847 by the electors qualified as herein mentioned.

16 Chairman and Vice-Chairman of Dundalk Urban District Council and Chairman of County Council of Louth respectively to be Commissioners.

16.—In addition to the Commissioners for the time being nominated by or elected pursuant to and acting in execution of this Act the chairman and vice-chairman for the time being of the Dundalk Urban District Council and the chairman for the time being of the county council of the county of Louth and the successors from time to time of each such chairman and of such vice-chairman of the Dundalk Urban District Council shall be Commissioners to act in execution of this Act and each of them shall continue to be a Commissioner to act in execution of this Act during such time as he remains chairman or vice-chairman respectively of the said urban district council or chairman of the county council respectively. The provisions of section 9 of this Act shall not be applicable to either the chairman or vice-chairman of the Dundalk Urban District Council and their respective successors or to the chairman of the county council of the county of Louth and his successors, during the time that they retain their offices as such chairman and vice-chairman respectively of the Dundalk Urban District Council and chairman of the county council of the county of Louth, and they and each of them shall exercise the same rights and authority as any other of the Commissioners.

17 Regulations as to meetings of Commissioners.

17.—The Commissioners shall hold their first meeting at the Harbour Office, Quay Street, Dundalk, on the third Tuesday after the passing of this Act at the hour of four o'clock in the afternoon, and shall proceed to put this Act into execution in the manner in the Commissioners Clauses Act 1847 provided, and shall hold their subsequent meetings at such place and at such times as from time to time they shall think fit; and the Commissioners shall hold an annual meeting on the first Thursday in the month of March in each year.

18 Revocation of resolutions.

18.—No resolution or other act of any meeting of the Commissioners once made or entered into shall be revoked or altered at any subsequent meeting, unless notice of the intention to make such revocation or alteration signed by five or more of the Commissioners shall be entered in the book of proceedings of the meeting immediately preceding, and unless copies of such notice shall be transmitted to all the Commissioners by the secretary twenty-one days at least before the meeting, nor unless such revocation or alteration shall be determined upon by a majority consisting of three-fourths at least of the Commissioners present at such subsequent meeting, nor unless the number of the Commissioners present at such subsequent meeting be greater than the number present when such resolution was made or such act was done.

19 Commissioners incorporated.

19.—The Commissioners for the time being acting in the execution of this Act shall be a Corporation with perpetual succession, under the name of "the Dundalk Harbour Commissioners" and shall as such have a corporate seal, and shall have power to purchase and hold lands, and shall be conservators of the harbour and port of Dundalk subject to the provisions herein contained.

20 Existing works vested in Commissioners.

20.—Form and immediately after the commencement of this Act, subject as hereinafter provided, all the piers, lights, buoys and other works, and all lands, tenements, hereditaments, buildings, easements, prescriptive and other rights, powers and privileges whatsoever of or to which the Commissioners appointed under the Act of 1855 or any person in trust for them shall be seized, possessed or entitled at law or in equity, immediately before the commencement of this Act, and all rates or monies due or accruing due to the said Commissioners and all securities, books, accounts, documents, choses in action, effects and property belonging to the said Commissioners, shall, except where and as by this Act otherwise provided, be, and the same are hereby well and effectually vested in and shall belong to the Commissioners appointed by or by virtue of this Act, to hold to them and their successors for the purposes of this Act, and for such and the same estates, terms and other interests as under the Act of 1855 the former Commissioners or any person in trust for them had or would have continued to have had therein if the Act of 1855 had not been repealed, subject nevertheless to such charges, interests and liabilities as, immediately before or at the time of the commencement of this Act, the same premises shall be respectively subject to.

21 Deeds, agreements, contracts, etc., to remain in force, and new Commissioners liable to debts, etc.

21.—All conveyances, assurances, leases, demises, grants, mortgages, judgments, bonds, covenants, agreements, contracts, awards, securities and other instruments made, executed or entered into by or between any person or persons and the Commissioners appointed under the Act of 1855 or their successors, to, with, or in favour of or for any such person or persons and the said Commissioners or any or either of them shall, and the same are hereby declared to be, remain and continue in full force and effect, and the Commissioners appointed by or by virtue of this Act and all such person and persons shall respectively be bound by and liable to execute and perform the same.

22 Debts to be paid to or by Commissioners.

22.—Notwithstanding the repeal of the Act of 1855 all persons who immediately before the commencement of this Act owe any sum of money to the Commissioners appointed under the Act of 1855 or their successors or to any person in their behalf shall pay the same with all the interest (if any) due or to accrue due for the same to the Commissioners; and all debts and money which, immediately before the commencement of this Act, are due or owing by or recoverable from the former Commissioners or for the payment of which the former Commissioners are, or but for the repeal of the Act of 1855, would be liable, shall be paid with all interest (if any) due or to accrue due therein, by, or be recoverable from the Commissioners.

23 Arrears of tolls, etc., to be recoverable.

23.—All tolls or rents which immediately before the commencement of this Act shall be due and payable or accruing or becoming due and payable to the former Commissioners shall be payable to, and may be collected and recovered by, the Commissioners appointed by or by virtue of this Act in like manner as any tolls or rents by this Act granted may be collected or recovered.

24 Actions, etc., not to abate.

24.—No action, prosecution, suit, appeal or notice of appeal, order or decision of any District Justice or matter pending before any District Justice, distress, entry, execution, arbitration, award or other proceeding whatsoever commenced, carried on or levied, given, made, or taken by for or against the former Commissioners or with reference to the port, pier or other works within their jurisdiction previously to the commencement of this Act shall abate or be discontinued, annulled or prejudicially affected by the repeal of the Act of 1855; but on the contrary the same shall continue and take effect in favour of or against or in reference to the Commissioners acting under this Act in the same manner in all respects as the same would have continued and taken effect in favour of or against or in reference to the former Commissioners if this Act had not been passed; and all penalties incurred by or for any offence against the provisions of the Act of 1855 or against any bye-law or regulation of or concerning the former Commissioners or the port, pier or other works within their jurisdiction previously to the commencement of this Act shall and may be sued for and recovered, and all offences which may have been committed before the commencement of this Act against the provisions of the Act of 1855 or of any such bye-law or regulation may be prosecuted in such and the like manner to all intents and purposes as the same might have been sued for, recovered and prosecuted respectively if the Act of 1855 had not been repealed; the Commissioners acting under this Act being, in reference to the matters aforesaid, in all respects considered identical with the Commissioners acting under the Act of 1855.

25 Rights of action saved.

25.—Nothing in this Act contained shall be held to prejudice or affect any right or cause of action or suit or any remedy which the former Commissioners had against any person or Corporation, or which any person or Corporation had against such Commissioners at the time of the commencement of this Act; but all such rights, causes and remedies may be enforced or prosecuted by or against the Commissioners acting under this Act in like manner and within the same period as the same might have been enforced or prosecuted by or against the former Commissioners if this Act had not been passed.

26 Repeal not to affect existing rights.

26.—Notwithstanding the repeal of the Act of 1855 everything before the commencement of this Act done or suffered under the said Act of 1855 shall be as valid as if the same had not been repealed; and the repeal thereof and this Act respectively shall accordingly be subject and without prejudice to everything so done or suffered and to all rights, liabilities, claims and demands, both present and future, which, if the Act of 1855 were not repealed and this Act were not passed, would be incident to or consequent on any and everything so done or suffered; and with respect to all such rights, liabilities, claims and demands, the Commissioners under this Act shall, to all intents and purposes, represent the Commissioners under the Act of 1855. Provided always that the generality of this enactment shall not be restrained by any special and more restricted saving clause in this Act.

27 Officers under Act of 1855 to account.

27.—All officers and persons who at the time of the commencement of this Act shall have in their possession or under their control any money, books, documents, papers, writings, securities, goods, chattels or other effects under or by virtue of any of the provisions of the Act of 1855 shall account for and deliver up the same to the Commissioners appointed by or by virtue of this Act, or to such person as they shall appoint to receive the same in the same manner and subject to the same process, pains and penalties for refusal or neglect as if such officers and persons had been appointed and had become possessed of such money, books, documents, papers, writings, securities, goods, chattels or other effects under the provisions of this Act.

28 Present officers continued.

28.—All officers and persons appointed under the Act of 1855 shall continue in their respective offices and employments according to their respective appointments until removed therefrom; and all such officers and persons shall have the same powers, privileges and advantages, and they and all sureties shall be liable to the same conditions, penalties, obligations, restrictions and regulations as if such officers and persons had been appointed and such sureties had become bound under this Act.

29 Books, etc., to continue evidence.

29.—All books and other documents whatsoever by the Act of 1855 authorised or directed to be kept and thereby made evidence shall be admitted as evidence in all Courts of law and equity or elsewhere against or in favour of the Commissioners appointed by or by virtue of this Act.

30 As to provision in Statutes for the benefit of former Commissioners.

30.—All provisions, powers, rights and privileges granted, reserved or enacted by any Statute (other than the Act of 1855) relating to or affecting or for the benefit of the former Commissioners and not since repealed shall, subject to the provisions and restrictions of this Act, and notwithstanding the repeal of the Act of 1855, be of the like force and effect as if the Act of 1855 had not been repealed, and shall appertain to and be exercised and enforced by and against the Commissioners appointed by or by virtue of this Act in as full and beneficial a manner to all intents and purposes as the same provisions, powers, rights and privileges respectively would have appertained to or might have been exercised or enforced by or against the former Commissioners in case this Act had not been passed.

31 Commissioners empowered to construct new quay frontage, to reconstruct and enlarge present quays, to reclaim sloblands and construct retaining embankments and to acquire lands, quays, etc.

31.—Subject to the provisions of this Act the Commissioners may upon the lands shown on the deposited plans and described in the deposited book of reference construct a new quay frontage of stone, cement, timber or other suitable material and reconstruct and enlarge existing quays, and reclaim the slob-lands, river bed, and foreshore and construct the retaining embankments therefor in the lines and situations shown on the deposited plans and hereinafter described (and as regards all embankments on any level not exceeding the height of 44 feet above the datum line shown on the deposited sections); and subject as aforesaid the Commissioners may construct, lay down, erect, provide and maintain all necessary and convenient railway sidings, basins, quays, wharves, roads, approaches, buildings, warehouses, jetties, inclined planes, slips, bridges, locks, sluices, drains, culverts, staiths, moorings, cranes, crabs, capstans, anchors, mooring-chains, buoys, dolphins, mooring-frames, posts, sloops, weigh-beams, work-shops, lights and light-houses, dredging boats, dredgers, tugboats, machines, works and conveniences in upon or near the harbour or port, quays, wharves, slob-lands and embankments or which may be necessary or desirable in and for the construction and maintenance thereof; and may enter upon take and use such of the lands, quays, wharves, roads, approaches, buildings, railway sidings, works and other property described in the deposited book of reference as may be necessary for such purposes; and may purchase compulsorily or otherwise all or any of the existing quays, wharves, roads, approaches, buildings, railway sidings, works, and other property thereon within the harbour and port and shown on the deposited plans except as hereinafter provided.

32 Not to take quay of Dundalk and Newry Steam Packet Company, Ltd. without consent.

32.—Notwithstanding anything herein contained, it shall not be lawful for the Commissioners to purchase, take, use or otherwise interfere with except as hereinafter provided the quay, wharf or lands now in the occupation of the Dundalk and Newry Steam Packet Company Limited, and known as the Dundalk Steam Packet Quay, and marked on the deposited plan as "Dundalk and Newry Steam Packet Company's Quays and Premises" without the consent in writing of the said Company to be authenticated by the seal of the said Company.

33 Commissioners to have right of pre-emption of Steam Packet Quay.

33.—Provided always that the Dundalk and Newry Steam Packet Company Limited shall not sell or dispose of the said Steam Packet Quay, Wharf or lands to any person or Corporation other than the Commissioners unless and until the said Company shall have offered to sell the same to the Commissioners and the Commissioners shall have refused or for the space of three months from the making of such offer shall have failed to accept the same, and a certificate under the hand of a District Justice that such offer has been made and refused or not accepted for three months from the making thereof shall be sufficient evidence of the facts so certified; and on the application of the Company and the production of such evidence as the said Justice shall deem proper and sufficient, such Justice shall grant such certificate accordingly.

34 For settlement of price of Steam Packet Quay.

34.—If, after the said Company shall have offered to sell the said Steam Packet Quay, wharf and lands as aforesaid, or any part thereof, the Commissioners shall be desirous of purchasing the same and the Commissioners and the said Company do not agree as to the price thereof, such price shall be settled by arbitration under the provisions in that behalf of the Lands Clauses Consolidation Act 1845, and amending Acts, but the costs of such arbitration shall be in the discretion of the Arbitrators.

35 Description of works authorised.

35.—The works by this Act authorised comprise the following works, to wit:—

36 Lateral and vertical deviation.

36.—In executing the works by this Act authorised the Commissioners may, subject to the provisions of this Act, deviate laterally from the lines thereof shown on the deposited plans to any extent within the limits of deviation shown thereon, and vertically from the levels thereof shown on the deposited sections to any extent not exceeding three feet: Provided always that no deviation by this Act authorised shall be made in such manner as to diminish the navigable space of the harbour without the previous consent of the Minister for Industry and Commerce, or otherwise than in such manner as is expressly authorised by the Minister for Industry and Commerce.

37 Period for completion of works.

37.—The quay wall and widening of quays and the deepening of portion of quay wall described in the Works 3 and 4 respectively and authorised by section 35 of this Act shall be completed within ten years after the passing of this Act, and on the expiration of such period the powers by this Act granted to the Commissioners for constructing the said quay wall and for deepening portion of quay wall shall cease to be exercised: Provided always that such limit of time shall not apply to any operations of the Commissioners in dredging, deepening or otherwise improving the harbour and the access thereto, and in rendering the port safe and commodious, but such operations may be undertaken and carried on at any time by the Commissioners.

38 Roads, sewers, watercourse, etc., may be stopped up, diverted or extended, etc.

38.—The Commissioners may cause any public and private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires and apparatus as shall be in or near the intended situation of the works by this Act authorised, to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently) as they shall think necessary or convenient for making and completing or in connection with the said intended works or any of them, or of the works and conveniences connected therewith, or for any of the purposes of their undertaking; so that the Commissioners do, previous to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by roads, paths, highways, streets or railway sidings, and good and sufficient means for conveying off the water and sewage from the lands and premises adjoining or near the said works, and good and sufficient alternative wires and other apparatus for such purposes as the wires and apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the public and private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires and apparatus so to be opened, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid.

If the Commissioners shall in exercise of the powers given them by this Act require any portion of the plots marked 12a and 14 on the deposited plans and described in the book of reference as “roadway electric wire and pole” and “quay railway sidings roadway mooring posts electric lighting poles and wires water mains” respectively the Commissioners shall at all times hereafter afford T. & J. Connick & Company full and free right of passage over and across the said plots so acquired along all existing roadways thereon to and from the premises of T. & J. Connick & Company to the present or any future Quay Front for all purposes, and the Commissioners shall not obstruct or interfere with the existing roadways unless equal facilities of access are provided for T. & J. Connick & Company.

39 Reclaimed lands, embankments, etc., to vest in Commissioners.

39.—The sloblands, foreshore and embankments, (not being sloblands, foreshore and embankments hitherto vested in the State or any department thereof, or held for the public use or benefit), the reclamation and construction of which by the Commissioners is authorised by section 35 of this Act shall when so reclaimed and constructed, become and be vested in the Commissioners; and if portions thereof only are so reclaimed or constructed, such portions shall become and be so vested in the Commissioners; and the ground and soil of the bed and foreshore of Dundalk River which shall be covered with or occupied by the Quay front and extension or widening of existing Quays authorised by section 35 of this Act, shall, saving the rights of the State as aforesaid, although the said frontage may consist of open pile work only, become and be vested in the Commissioners: Provided always that nothing herein contained shall operate to defeat the interest of any person or persons entitled to any rent or rent-charge out of any of said sloblands or the mudlands or marsh lands on or contiguous to the same, or of any person or persons entitled to any rights or interests in or easements over the said sloblands: And it shall be lawful for the Commissioners to contract and agree for the release of such sloblands or foreshore from any such rent or rent-charge and for the extinguishment of any such right, interest or easement.

40 Power to enter upon, use and occupy roads and lands for temporary purposes.

40.—It shall be lawful for the Commissioners at any time before the expiration of the respective periods hereby limited for the completion of the works to enter upon any roads or lands shown on the said plan and described in the said Book of Reference, and to occupy such roads temporarily during the progress of the works hereby authorised and to use such lands for any of the following purposes, that is to say:—

For the purpose of taking earth or soil therefrom;

For the purpose of depositing spoil thereon;

For the purpose of obtaining material therefrom for the construction or repair of embankments and other works;

For the purpose of forming roads thereon to or from or by the side of the said embankments and other works and to or from any quarry on said lands.

41 Period for compulsory purchase of lands.

41.—The powers of the Commissioners for the compulsory acquisition of lands for the purposes of this Act shall not be exerciseable after the expiration of six years from the passing of this Act.

42 Lands for extraordinary purposes.

42.—In addition to the lands already acquired and held by the Commissioners, or to be acquired by the Commissioners under the powers of this Act, the Commissioners may, by agreement, purchase for extraordinary purposes in connection with their undertaking any quantity of land not exceeding twenty acres.

43 Tonnage rates.

43.—There shall be paid and payable to the Commissioners by the master or owner of every vessel arriving in the port, or to such person for the use of the Commissioners as shall be duly authorised by the Commissioners to receive the same, the following rates, that is to say: - For every vessel entering the port of Dundalk, a sum not exceeding one shilling for every ton of rateable tonnage of such vessel; such rateable tonnage to be such proportion (not exceeding fifty per cent.) of the registered gross tonnage of such vessel as the Commissioners may from time to time determine.

44 Tolls for use of tug boat.

44.—The Commissioners may demand a toll not exceeding one shilling per ton of rateable tonnage (as defined in section 43 of this Act) of any vessel using any tug boat of the Commissioners.

45 Mode of ascertaining tonnage.

45.—The tonnage or admeasurement of all vessels which shall be liable to the payment of any tonnage rates under this Act shall be ascertained according to the certified tonnage in the ship's register, and the master or other person having the command of each and every vessel is hereby required to produce such certificate of registry at the time of payment of the said rates to the person or persons who shall be duly authorised to collect and receive such rates.

46 Rules for levying tonnage rates.

46.—(1) A vessel arriving in ballast at and departing in ballast from Dundalk Harbour shall pay only one moiety of the rates and dues payable under this Act on trading vessels of any kind.

• (2) Every vessel whether trading inwards or outwards or arriving and departing in ballast shall be liable for one tonnage rate and no more in respect of one such arrival at and departure from Dundalk Harbour, whether or not such vessel, if trading outwards, has traded with any intermediate port while absent.

• (3) Every vessel which arrives at Dundalk Harbour in ballast and trades outwards shall upon so trading be liable to pay the rates and dues for the time being payable on vessels trading inwards.

47 Quayage rates.

47.—It shall be lawful for the Commissioners from time to time and at all times hereafter, in addition to all other duties and rates whatsoever, to ask, demand, levy, take and receive, as and for quayage rates, of and from the master or masters, owner or owners of every vessel, or of and from the broker or consignee of the goods conveyed by every vessel which shall or may from time to time enter the said port or harbour and in any manner use the quays of the Commissioners, such reasonable sum not exceeding fivepence for each ton of goods shipped on or discharged from such vessel on the said quays as the Commissioners shall from time to time fix for that purpose.

48 Power to commute tonnage and quayage rates in respect of steam trawlers and fishing vessels.

48.—In lieu of the tonnage and quayage rates payable to the Commissioners in respect of steam trawlers or other vessels bona fide engaged in fishing there shall (subject to foregoing provisions of this Act) be payable and paid to the Commissioners by the master or owner of every steam trawler or such fishing vessel such annual sum by way of commutation as may be fixed by the Commissioners not exceeding one shilling per gross registered ton provided that the minimum charge for any such steam trawler or such fishing vessel shall be five shillings per annum.

49 If Dundalk and Newry Steam Packet Company, Ltd., use their quay otherwise than for vessels belonging to or chartered by them, Commissioners may demand quayage rates for the same.

49.—If after the Commissioners shall have purchased all the quays which they are by this Act authorised to purchase by compulsion, the Dundalk and Newry Steam Packet Company Limited shall use the quay or wharf which now is occupied and owned by the said Company in their steam packet business, as a public quay, or otherwise than for the use and accommodation of steam vessels plying to the said port belonging to or chartered or used by the said Company, the said Company shall pay by way of penalty to the Commissioners in respect of such use the quayage rates by this Act made payable for the like use of the quays of the Commissioners: Provided that in case the said quay shall cease to be used as a steam packet quay, and shall become vested in any person or corporation other than the Dundalk and Newry Steam Packet Company Limited or the Commissioners, then it shall not be lawful for the Commissioners to demand or receive any quayage rates upon or in respect of the said quay.

50 Rates payable on goods as in Schedule “A”.

50.—(1) It shall be lawful for the Commissioners to demand for all goods mentioned in the Schedule “A” hereunto annexed, which shall be shipped or unshipped, received or delivered within the limits of the harbour any sums not exceeding the several tolls in the said Schedule specified with regard to such goods respectively; and as to all such goods as shall not be specified in the said Schedule, the Commissioners may demand a toll equal to the toll for the time being payable in respect of goods of a similar nature, package and quality, and every such toll shall be payable by the owner of the goods and be a lien thereon.

• (2) The rates and tolls payable to the Commissioners under this section shall at all times be charged equally to all persons in respect of the same class or description of goods and all such rates and tolls shall be paid to the Commissioners at their offices at the port of Dundalk or at such other place as the Commissioners may from time to time appoint.

• (3) All rates and tolls payable by any person to the Commissioners under this section shall be a debt due by such person to the Commissioners and shall be recoverable by them as a civil debt.

• (4) In addition to any other remedy for the recovery of any rates or tolls payable to the Commissioners by any person under this section the Commissioners may retain in security any goods or other property of such person and may, in default of payment of such rates or tolls, sell the goods and property so retained and apply the proceeds of such sale in payment of such rates or tolls and of the expenses of such sale.

51 Articles not in Schedule to be rated.

51.—It shall be lawful for the Commissioners from time to time to ascertain and fix such reasonable duties to be paid upon the lading or unlading, importing or exporting, of any commodity or article not specified or enumerated in the Schedule “A” hereto annexed in proportion to the several duties therein specified as they shall think fit, so as no such duty shall exceed one-twelfth of the freight payable thereon respectively on being imported into or exported from the said port, which duties when so ascertained and fixed by the Commissioners shall be considered to all intents and purposes as if the same had been specially enumerated in this Act or in the Schedule “A” hereto annexed.

52 Rates for use of warehouses, docks, buoys, slips, etc.

52.—It shall be lawful for the Commissioners to demand for the use of any of their warehouses, quays, wharves, docks, railway sidings, mooring posts, mooring buoys, graving docks capstans, slips, weighing machines, and all other equipments, of and from the owner, or person having the charge, of any goods deposited therein, or loaded, unloaded or weighed by means thereof and of and from the master of any vessel, using any of such conveniences, such reasonable tolls as the Commissioners shall from time to time in their discretion fix and determine.

53 Rates for use of cranes.

53.—It shall be lawful for the Commissioners to demand for the use of any of their cranes a rent or toll not exceeding sixpence for each ton of coal carried by such cranes.

54 Minister for Industry and Commerce may revise rates.

54.—(1) The Commissioners shall so adjust the scales of all rates, rents, tolls and duties leviable by them under this Act that the annual income derived by them from such rates, rents, tolls and duties shall be sufficient and not more than sufficient to meet their annual expenditure under this Act.

• (2) If at any time it appears to the Minister for Industry and Commerce—

• (a) from the annual Account furnished to him by the Commissioners under this Act, or

• (b) upon investigation by him after representations made in that behalf by the Commissioners, or by a Chamber of Commerce or any ship-owner or shipping company or other person concerned,

that the amount of the annual income derived by the Commissioners from the rates, rents, tolls and duties payable to them under this Act calculated on the average of the then three last preceding years is either insufficient or excessive for the purpose of meeting the annual expenditure of the Commissioners under this Act calculated on the average of the three years aforesaid, the Minister for Industry and Commerce may by order modify the scale of rates set out in Schedule “A” of this Act and any scale of tolls, rents or duties fixed by the Commissioners under this Act so that the amount of the annual income derived from such rates, rents, tolls and duties shall be sufficient and not more than sufficient to meet the annual expenditure of the Commissioners under this Act.

55 Power to lay down mooring buoys, etc.

55.—The Commissioners may, and they are hereby authorised from time to time at their discretion, to lay down place and fix in such parts of the port as to the Commissioners shall appear requisite, good and sufficient mooring buoys, mooring craft, dolphins and other buoys, to which all vessels entering or leaving the said port may anchor or attach themselves with ropes or chains and ride or lie during pleasure, and at which such vessels may discharge into boats, lighters, or other craft all or any part of their cargo, on paying to the Commissioners for the use of such mooring buoys such rates or charges as the Commissioners may from time to time in their discretion fix and determine, and the vessels using the said mooring buoys or other mooring apparatus and their owners and cargoes or either of them at the discretion of the Commissioners, are hereby declared to be chargeable with the payment of said rates or charges in like manner as any other toll chargeable under this Act, subject to the provisions in the Acts incorporated herewith.

56 Commissioners may borrow on credit of tolls and other property vested in them.

56.—It shall be lawful for the Commissioners from time to time, in addition to the monies borrowed under the Act of 1855, to borrow at interest from any person or corporation who may be willing to advance the same any sum not exceeding the sum of £150,000 on the credit of the several tolls by this Act authorised to be levied and other funds and property vested in the said Commissioners under this Act or any other Act; and for the securing the payment of any monies to be borrowed by virtue of or under the provisions of this Act with interest, the Commissioners may assign over the said tolls, funds and property or any of them to the persons who shall advance or lend any such money, or to any trustee for such persons, as a security for the payment of money so to be borrowed with interest for the same, and every such security shall be under the common seal of the Commissioners.

57 Investment in loan raised by Commissioners to be trustee security.

57.—A trustee may, unless expressly forbidden by the instrument (if any) creating the trust, invest any trust funds in his hands, whether at the time in a state of investment or not, in any loan to be raised by the Commissioners under the provisions of and for the purposes of this Act, and secured on the tolls and property of the Commissioners in the manner provided by this Act.

58 Repayment of borrowed money when no time fixed.

58.—If no time be fixed in the mortgage deed or assignment in security for the payment of the money so borrowed, the Commissioners may at any time pay off the same on giving the party entitled to receive such money six months' previous notice; and every such notice shall be in writing or print, or both, and shall be given either personally to such mortgagee or creditor or left at his residence, or if such mortgagee or creditor be unknown to the Commissioners, or cannot be found after diligent enquiry, such notice shall be given by advertisement in the Iris Oifigiúil.

59 Mortgages under Act of 1855 to have priority.

59.—All mortgages heretofore granted by the Commissioners under the authority of the Act of 1855 or otherwise, and all interest due or to accrue due thereon, and all judgment or other debts of the Commissioners shall extend to, and be considered as extending to all tolls and sums of money by this Act authorised to be levied and received by the Commissioners for the execution of this Act, with such and the like priorities as the said mortgages or other securities now have by law over and upon the tolls, and sums of money and other property under the Act of 1855; and all debts created under this Act for the purpose of paying off such existing debts and liabilities shall during the continuance thereof have priority over any other mortgages to be created by virtue of this Act, and all parties entitled to such mortgages shall have the same respective priority over each other as they have or would have had under the said recited Act if the same had not been repealed.

60 Saving rights of judgment creditors.

60.—Nothing in this Act shall be held or construed to prejudice or affect the rights, remedies, powers and priorities of any judgment creditors of the Commissioners under the Act of 1855, and any such creditor shall stand next in priority in reference to their judgment debts to the mortgages now subsisting, and before any mortgages or securities to be created by virtue of this Act.

61 Receiver may be appointed to enforce payment of arrears.

61.—If at any time the sum of £5,000 or upwards in the whole shall be owing to any mortgagees of the tolls for arrears of principal and interest, such mortgagees shall be entitled to have and require a receiver of such tolls to be appointed.

62 Expenses of mortgages may be paid out of general funds.

62.—The costs and expenses of any mortgages may be paid by the Commissioners out of any tolls received by them, or out of the moneys to be borrowed by the Commissioners.

63 Sinking fund for payment of money borrowed under this Act.

63.—(1) The Commissioners shall set apart and appropriate annually out of the tolls as a sinking fund to be applied in paying off the principal sums which shall have been borrowed or secured on mortgage of such tolls by virtue of this Act, an annual sum, being from the expiration of five years to the expiration of ten years from the commencement of this Act, not less than one pound per centum, and from the end of such ten years, not less than two pounds and ten shillings per centum, of the sums from time to time so borrowed as aforesaid.

• (2) It shall be the duty of the Commissioners within twentyone days after the expiration of each year in respect of which any sum is required by this section to be set apart and appropriated as a sinking fund to furnish to the Minister for Industry and Commerce in respect of that year such return as is required by this section.

• (3) Every return furnished pursuant to this section shall be in such form and verified in such manner as shall be prescribed by the Minister for Industry and Commerce and shall contain particulars showing—

• (a) the amount set apart and appropriated as a sinking fund as aforesaid during the year to which the return relates, and

• (b) the amount (if any) of the sinking fund applied by the Commissioners during that year to the repayment of the borrowed moneys for the repayment of which the said fund was set apart, and

• (c) the description of the securities (if any) upon which the sinking fund or the interest thereof is invested, and

• (d) the purposes to which any portion of the sinking fund invested by the Commissioners or the interest of such portion has been applied during the year to which the return relates, and

• (e) the total amount (if any) of the sinking fund remaining invested at the end of the year.

• (4) If and whenever the Commissioners fail to furnish to the Minister for Industry and Commerce within the time specified in this section the return required by this section to be furnished by them or furnish a return which is to their knowledge false or misleading in any material respect they shall be liable to a penalty not exceeding twenty pounds recoverable in a court of summary jurisdiction.

64 Application of money borrowed.

64.—All monies borrowed under the powers of this Act for the improvements, works and purposes by this Act authorised shall be applied in executing the works by this Act authorised and in otherwise carrying this Act into execution.

65 Application of revenue.

65.—The monies from time to time received by the Commissioners in respect of the tolls hereby made payable shall be applied:—

Firstly: —In paying the interest on monies borrowed under the Act of 1855 and this Act,

Secondly: — In payment of the sums by this Act required to be set aside to form a sinking fund, at the times and in the manner hereinbefore provided,

Thirdly: — In maintaining and regulating the port and harbour and the navigation thereof, and in making such payments and contributions as the Commissioners are by section 9 of the Dundalk Pilotage Order 1920 authorised to make,

and the surplus (if any) shall be applied in the payment of the mortgage debt for the time being owing by the Commissioners.

66 Money may be borrowed in substitution of same paid off.

66.—If the Commissioners at any time pay off any part of any money borrowed by them under this Act otherwise than by means of their sinking fund, they may reborrow the same or any part thereof upon the security of their tolls and other revenue.

67 Power to borrow on cash credit.

67.—The Commissioners, in exercise of their borrowing powers under this Act, may from time to time take from any bank or banking company credit on a cash account, to be opened and kept with such bank or banking company according to the usage of bankers in Ireland, in the name of the Commissioners or an Officer to be appointed by them, to the extent of the sum which they are by this Act authorised to borrow or any part thereof, and may make and grant mortgages as aforesaid in security for the payment of the amount of such credit, or of the sums advanced from time to time on such cash account with interest thereon,

68 Sinking fund may be applied in repayment of borrowed monies.

68.—The Commissioners may at any time apply the whole or part of any sinking fund set apart by them in or towards the repayment of the borrowed monies for the repayment of which

such sinking fund was set apart in such order and manner as they may deem proper: Provided that in case part of the sinking fund shall be applied in repayment as aforesaid the Commissioners shall pay into such sinking fund in each year afterwards and accumulate as hereinbefore prescribed, until the whole of the borrowed monies to which such sinking fund is applicable are discharged, a sum equal to the interest produced by the sinking fund or part thereof so applied: Provided also that whenever and so long as the yearly income arising from the sinking fund shall be equal to the annual interest of such borrowed monies then outstanding, the Commissioners may, in lieu of investing the said yearly income, apply the same in payment of such interest, and may during such periods discontinue the payment to such sinking fund of the yearly sums required to be so paid thereto. Any mortgages, bonds or stock granted or issued by the Commissioners and in or upon which they shall invest any sinking fund shall, upon such investment, be ipso facto cancelled.

69 When debt paid off, future revenue to be applied in maintaining harbour, etc.

69.—When the whole of the money which may be borrowed under this Act and which has heretofore been borrowed under the Act of 1855 shall have been paid off and discharged, the future revenue of the harbour shall (subject to the provision hereinafter made for extraordinary repairs and expenses and to payment of the reasonable expenses of management) be applied and expended by the Commissioners in the maintenance, improvement and extension of the harbour and works connected therewith, and in making such payments and contributions as the Commissioners are by section 9 of the Dundalk Pilotage Order 1920 authorised to make, and in otherwise carrying into effect the provisions of this Act, and in no other way and for no other purpose whatever.

70 Reserve fund for extraordinary repairs.

70.—When and so soon as the whole of the money borrowed and to be borrowed as aforesaid shall have been paid off and discharged as aforesaid, and subject to the payment of the expenses of or in anywise incident to the working, management and maintenance of the said harbour and works, and to such payments and contributions as the Commissioners are by section 9 of the Dundalk Pilotage Order, 1920 authorised to make, the Commissioners may yearly and in every year set apart and appropriate out of their revenue such a sum not exceeding £1,000 per annum as they shall think fit and shall accumulate the same at compound interest until the sum so set apart and appropriated and the accumulations thereof shall amount to the principal sum of £10,000, and the sums so set apart, appropriated and accumulated shall be invested in government securities of Saorstát Eireann in the name of the Commissioners, and such sum and the accumulations thereof and the interest thereof shall be held and applied by the Commissioners as circumstances may from time to time require in and for the purpose of extraordinary repairs of the harbour and works connected therewith, or other extraordinary expenses incident to the management improvement and extension of the said harbour and the works connected therewith.

71 Inspection of accounts.

71.—(1) All the accounts to be kept under this Act or the said Acts incorporated herewith shall be open to the inspection of the Commissioners and the persons paying rates under this Act from ten o'clock till one o'clock in the daytime; and a full abstract of the accounts shall within three months after the 31st day of December in the year 1925 and in every subsequent year be published in a newspaper or newspapers circulating and published in the urban district of Dundalk.

• (2) The Commissioners shall within two months after the 31st day of December in the year 1925 and in every subsequent year send to the Minister for Industry and Commerce a copy of the accounts mentioned in the foregoing sub-section, and section 16 of the General Pier and Harbour Act 1861, Amendment Act, 1862, shall apply to such accounts in the same manner in all respects as it applies to the account mentioned in that section.