(Private) DUNDALK HARBOUR AND PORT ACT, 1925

• (3) If and whenever the Commissioners fail to publish a full abstract of their accounts or to send a copy of their accounts to the Minister for Industry and Commerce in accordance with this section within the period specified in that behalf in this section they shall be liable for every week or part of a week in which after the period aforesaid they so fail to a penalty not exceeding twenty pounds recoverable in a court of summary jurisdiction.

72 Appointment of auditor.

72.—(1) The Minister for Industry and Commerce may by order appoint a fit and proper person (in this Act referred to as “the auditor”) to examine and audit the accounts of the Commissioners and may by such order fix the amount of the payments to be made by the Commissioners by way of salary and expenses (if any) to the auditor.

• (2) The amount of the payments so fixed as aforesaid shall be paid by the Commissioners to the auditor out of the rates and other income received by them under this Act.

• (3) The Minister for Industry and Commerce may by order remove the auditor from office and shall by the same or any subsequent order unless there is special reason to the contrary appoint a fit and proper person to be the auditor in lieu and stead of the auditor so removed.

73 Audit of accounts of the Commissioners.

73.—(1) It shall be the duty of the clerk to the Commissioners on any examination and audit or accounts under this Act to attend before the auditor at the appointed time and place and there to produce and give to the auditor all his books of account, vouchers, receipts and other documents and all such information in his possession as shall be required by the auditor, and it shall also be the duty of the Commissioners and every officer and servant (other than the clerk)of the Commissioners if required by the auditor so to do to attend before the auditor at the time and place appointed for the examination and audit and there to produce and give to the auditor all such documents and information in their possession respectively as shall be required by the auditor.

• (2) It shall be the duty of the auditor on any and examination and audit under this section to examine into the accounts of the Commissioners and to disallow and strike out of such accounts all payments, charges and allowances made by any person and charged on the funds of the Commissioners contrary to law or which he deems to be unfounded and to surcharge the same upon the person making or authorising the payment, charge or allowance so disallowed and struck out, and to certify the same to be due from such person.

• (3) The auditor shall on application made to him in writing within ten days after the completion of the examination and audit by any person aggrieved by any allowance, disallowance or surcharge made by him state in writing his reasons for such allowance, disallowance or surcharge, and furnish a copy of such statement to such aggrieved person.

• (4) Any person aggrieved by any such allowance, disallowance or surcharge as aforesaid may within twenty-one days after the completion of the audit appeal therefrom to the Minister for Industry and Commerce in the manner to be prescribed by him, and the Minister shall deal with the matter (including the costs of the appeal) as justice may require, and the decision of the Minister on any appeal made to him under this section shall be final, and shall not be subject to appeal to or review by any Court save as provided in sub-section (5) hereof.

• (5) It shall be lawful for any person aggrieved by any such allowance, disallowance or surcharge as aforesaid who has not availed of the right of appeal to the Minister for Industry and Commerce provided by sub-section (4) of this section to apply to the High Court of Justice for a writ of certiorari to remove into the said Court the said allowance, disallowance or surcharge in such manner as may be provided by the rules of the High Court of Justice, and on the removal of such allowance, disallowance or surcharge the said Court shall decide the particular matter of complaint set forth; and if it appear to such Court that the decision of the auditor was erroneous they shall order such sum of money as may have been improperly allowed, disallowed or surcharged to be paid to the party entitled thereto by the party who ought to repay or discharge same; and the Court may also direct the costs of the person prosecuting such certiorari to be paid as to such Court may seem fit.

• (6) Every sum certified by the auditor under this section or by the Minister on appeal from the auditor to be due by any person shall be paid by such person to the auditor within fourteen days after such sum has been so certified as aforesaid, or, if a statement of the auditor's reasons for such allowance, disallowance or surcharge as aforesaid has been applied for, within fourteen days from the date of such statement, or, where an appeal against such allowance, disallowance or surcharge is pending, within fourteen days after the decision of the appeal, and if not so paid may be recovered as a civil debt by the auditor by action or other proceeding in any court of competent jurisdiction, and every such sum when received by the auditor shall be applied by him in the manner directed by the Minister for Industry and Commerce.

• (7) Every person who being required by or in pursuance of this section to attend before the auditor or to produce any document or give any information to the auditor fails or refuses so to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or at the discretion of the Court to imprisonment for a term not exceeding one month.

• (8) Every person required by or in pursuance of this section to produce any document or to give any information to the auditor shall if so required by the auditor verify on oath (which oath the auditor is hereby authorised to administer) any document produced or statement made by him to the auditor, and any person who shall upon examination upon oath by or before an auditor under this section wilfully give false evidence shall be guilty of perjury and shall be punishable accordingly.

74 Limits of authority of harbour master.

74.—The limits within which the powers of the harbour master for the regulation of the port and harbour shall be exercised shall be co-extensive with the limits of the said port as defined by this Act.

75 Power to appoint meters and weighers.

75.—The Commissioners may and they are hereby empowered to appoint and licence a sufficient number of persons to be meters and weighers as they shall think necessary.

76 No jetties, etc., to be erected unless authorised by the Commissioners and by the Minister for Industry and Commerce.

76.—It shall not be lawful for any person unless duly authorised by the Commissioners and by the Minister for Industry and Commerce to erect any groins, jetties, buildings or other works within the port and harbour which may in any way reduce the superficial area of the waters thereof or impede or obstruct the free navigation or entrance of the harbours within or adjoining the same or interfere in any way with the free flux and reflux of the tides or diminish the quantity of the tidal waters flowing in or out of the pert or to the said harbours or make any other encroachments whatsoever which may impede or obstruct the free navigation or passage of or to such harbours without the consent of the Commissioners and of the Minister for Industry and Commerce, or do any act whereby the port or the said harbours or the free use and entrance or navigation of same respectively may in any wise be prejudiced; and it shall be lawful for the Commissioners from time to time as occasion may require to take away and remove or prevent any obstruction which may in any manner impede the navigation of the waters of the port and harbour.

77 Penalty for not having a buoy to the anchor of vessels.

77.—If the master or commander of any vessel which shall cast anchor within the river, port or harbour shall not immediately on doing so tie or fasten or cause to be tied or fastened a buoy to such anchor in such manner as the said buoy shall float, and in a conspicuous manner so that it may be plainly and easily seen in what place such anchor has been cast, such master or commander shall for every such offence forfeit and pay any sum not exceeding five pounds, and shall for every hour such anchor shall remain after notice shall have been given without such buoy being tied as aforesaid thereto as aforesaid forfeit and pay a further sum of five pounds: Provided always that the enforcing of the said penalties shall not in any manner affect any remedy which any person or person shall or may have against such master or commander for any damage or injury which may be done to such person or persons by reason of such neglect as aforesaid.

78 Penalty on persons obstructing the execution of this Act.

78.—If any person shall at any time obstruct, hinder or molest the Commissioners or any of their officers or servants or other persons whomsoever who is, are or shall be employed by virtue of this Act in the performance of their duty, any such person so offending shall, on conviction before a District Justice, forfeit a sum not exceeding ten pounds for every such offence.

79 Penalty on persons obstructing free navigation of harbour.

79.—If any person shall within the limits of the port and harbour of Dundalk cast, deposit, place or lay any material calculated to interfere with or obstruct the free navigation of the waters of the said port and harbour, he shall be liable on conviction before a District Justice to a penalty not exceeding ten pounds for every such offence.

80 Penalty for not embarking goods.

80.—If any person lays on any of the roadways, quay or quay walls of the Commissioners any goods or matters for exportation or to be carried coastwise, and does not within twelve hours afterwards put the same on board some vessel, the owner of such goods or matters shall for every such offence be liable on conviction before a District Justice to a penalty not exceeding twenty shillings, and to a further penalty not exceeding forty shillings for every day the same shall remain on such roadway, quay or quay walls; and the Commissioners may cause such goods or matters to be removed and a sufficient part thereof to be sold for payment of fines and expenses: Provided always that nothing in this section shall apply to goods or matters landed from a vessel on any quay.

81 Penalty for damaging walls, quays, etc.

81.—If any person wilfully destroys or injures any part of the walls, quays, piers, jetties or landing-places of the Commissioners within the port and harbour or any of the sheds, buildings, cranes or other conveniences or equipments which are placed in or upon such walls or quays for the use and convenience of shipping or boats, every such person so offending shall for every such offence be liable, on conviction before a District Justice, to a penalty not exceeding five pounds.

82 Commissioners may direct prosecutions for nuisances, etc.

82.—The Commissioners at a public meeting may, and they are hereby empowered, if they think fit, in any case which can under this Act or otherwise by law be prosecuted by them before a court of summary jurisdiction, to direct prosecutions before any such court in respect of offences done, committed, made or continued in or upon the public river, waters or streams of the said river, port or harbour, or in or upon the quays, wharves, roads, approaches, piers, embankments, reclamations, lands or works adjoining thereto, or for any injury or damage occasioned to the navigation of the said rivers, waters or streams, and that whether such injury or damage shall be attributable to any act done within the limits of the said river, port or harbour or not; and to recover any penalty or forfeiture incurred under the provisions of this Act or of any of the Acts incorporated therewith, and to defray the costs of any such proceedings out of the funds an belonging to the Commissioners.

83 Persons convicted of damage shall pay the amount.

83.—Which any person shall be convicted of doing damage to any of the quays, walls, piers, jetties or landing places in the harbour or port or to any of the works and conveniences upon or about the same, the Commissioners may either before or after such conviction direct their engineer or other competent authority or authorities to view the damage or injury so done and report what sum of money will be required to make good any repair such damage or injury, and the Commissioners may, in addition to any penalty inflicted on him, demand from the person so convicted the sum stated in such report, and in case the same shall not be immediately paid the amount thereof shall be recovered from such person in the manner provided by the Harbours, Docks and Piers Clauses Act, 1847 with respect to the recovery of damages not especially provided for and penalties.

84 Lighters, barges, etc., to be licensed.

84.—The owner of every lighter, barge or like vessel employed within the limits of the port or harbour discharging or loading cargo, goods or merchandise upon or from or in any manner using any of the quays, piers, jetties or other landing-places of the Commissioners shall take out in the month of January in every year a licence from the Commissioners for each lighter, barge or like to carry goods within the limits of the port and harbour, and shall pay to the Commissioners yearly and every year for such licence such sum not exceeding twenty as the Commissioners shall from time to time appoint, and every such owner shall abide by such rules for the carriage of goods and merchandize and the loading and discharging thereof, and shall comply with such bye-laws and regulations as the Commissioners may from time to time make and prescribe and shall obey the orders and directions of the harbour master, pier master or other of the Commissioners in the mooring, loading and unloading of such lighters, barges or like vessels.

85 Lighters, barges, etc., to be numbered and registered.

85.—Every such lighter, barge or like vessel shall have a number painted conspicuously thereon, and shall be registered with the Commissioners by its number and tonnage and the name of its owner, and each licence shall state the name of the owner and the number and tonnage of the lighter, barge or like vessel thereby licensed and it shall be lawful for the harbour master or other person appointed by the Commissioners to ascertain the tonnage of every such lighter, barge or like vessel by measuring the same in the manner directed by the Merchant Shipping Acts.

86 Penalty on unlicensed lighters, barges, etc.

86.—If any lighter, barge or like vessel not licensed as aforesaid or the owner of which has not complied in all respects with the requirements of this Act shall be found discharging or loading any cargo, goods or merchandize upon or from or in any way using any of the quays, piers, jetties, landing-places or other works of the Commissioners, the owner shall, for every such offence, be liable, on conviction before a District Justice, to a penalty not exceeding forty shillings.

87 Saving of existing bye-laws.

87.—All bye-laws made by the Commissioners previously to this Act shall continue in full force and effect until altered, extended, amended or annulled by the Commissioners, and the penalties provided thereby shall be recoverable on conviction before a District Justice in the same manner as penalties provided for by this Act.

88 Remedy against vessels.

88.—When any penalty imposed by virtue of this Act is ordered to be paid by the master or owner of a vessel, and the same is not paid at the time and in the manner prescribed by the order, the District Justice by whom any such penalty is imposed may, in addition to any other powers he may have for compelling payment, direct the amount unpaid to be levied by distress and sale of the said vessel, its tackle, furniture and apparel.

89 Power of appeal.

89.—If any person shall feel aggrieved by any rule, bye-law or order of the Commissioners or by any determination or adjudication of any District Justice with respect to any such rule, bye-law or order, or with respect to any penalty or forfeiture under the provisions of this Act or of any Act incorporated therewith, such person may appeal to the Circuit Court to be next holden after the service of the notice hereinafter provided for; but no such appeal shall be entertained unless it is made within two months after the making of such order, determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom such appeal shall be brought, nor unless the appellant shall forthwith after such notice enter into recognizances with two sufficient sureties before a District Justice or a Peace Commissioner, duly to prosecute such appeal and to abide by the order made thereon; and it shall be lawful for the Court, upon the proof of such notice and recognizance having been given and entered into, thereupon to hear and determine such appeal or to adjourn the same; and it shall be lawful for the Court to mitigate any forfeiture or line and to order any money to be returned which may have been levied, and to award such further satisfaction to be made to the party injured, or such costs to either of the parties, as the Court shall judge, reasonable and proper; and every such determination of the said Court shall be final, and conclusive to all intents and purposes.

90 Harbour, etc., not exempt from provisions of General Acts.

90.—Nothing in this Act contained shall be deemed or taken to exempt the harbour or the Commissioners from the provisions of the Merchant Shipping Acts, or of any general Act relating to harbours or dues on shipping now in force or which may be passed during the present or any future session of the Oireachtas, or from any future revision or alteration under the authority of the Oireachtas of the tolls or dues by this Act authorised.

91 Saving rights of Earl of Roden.

91.—Nothing in this Act contained shall extend or be construed to extend to prejudice, diminish, alter or take away any of the rights, privileges, power or authorities vested in or enjoyed by the Earl of Roden, his heirs or assigns except so far as respects the ground and works hereby authorised to be. purchased and made, or to prevent or hinder any person or persons, who, but for this Act would be at liberty to do so, from making or erecting any embankment or other work for the purposes of draining or reclaiming the strands or slobs in or about or within the said river, port and harbour in such and the like manner as if this Act had not been passed: Provided such embankment or other work shall not interfere with, damage or impede the works by this Act authorised to be made, or the navigation of the said river, port and harbour.

92 For protection of the Dundalk Newry and Greenore Railway Company.

92.—The following provisions for the protection of the Dundalk Newry and Greenore Railway Company (hereinafter referred to as the "railway company") shall unless otherwise agreed apply and have effect:—

• (1) In the event of the Commissioners desiring to construct any works which shall or may be upon the lands or property of the railway company or alongside the same they shall first submit for the reasonable approval of the railway company plans, sections and particulars of the works proposed to be constructed by the Commissioners:

• (2) Any alterations or re-instatements of the sidings or works of the railway company rendered necessary by the works or operations of the Commissioners shall be constructed by and at the cost of the Commissioners in accordance with plans to be agreed between the railway company and the Commissioners:

• (3) The railway company and their agents shall have and may exercise the same or equal facilities as are at present enjoyed or exercisable by them in respect of traffic passing either way between George's Quay and the property of the railway company including the use of the lines of rails on the quays free of charge except as hereinafter provided and also the right to themselves their agents and tenants to the free use of the roadway between Quay Street and the quay and the right to lay lines of rails across such roadway to connect the property of the railway company on each side of such roadway and to use same free of charge: Provided that the railway company shall not be entitled to the free user of the lines of rails belonging to the Commissioners on the said quay for the purpose of dealing with traffic which has not passed or is not intended to pass through the port of Dundalk and shall not be entitled to receive from the Commissioners any compensation in respect of the actual material forming the lines of rails on that portion of the said quay to be acquired by the Commissioners under the powers and provisions of this Act:

• (4) The railway company shall pay annually to the Commissioners a fair proportion of the cost reasonably incurred in maintaining the lines of rails on the said quay so used by them according to the extent of their user thereof; the cost of such maintenance and the proportion to be borne by the railway company to be settled in default of agreement by arbitration in manner hereinafter provided: Provided always that if the Commissioners shall hereafter provide means of and actually perform haulage of wagons on and over the lines of rails on the said quay to the lines of rails of the railway company, the railway company shall, in respect of such haulage actually performed by the Commissioners, but not further or otherwise, pay to the Commissioners such proportion of the haulage charges received by the railway company in respect of haulage from the ship's side to Barrack Street Station as may be agreed, or in default of agreement as may be fixed by arbitration in manner hereinafter provided:

• (5) Any difference which shall arise under this section between the Commissioners and the railway company shall be referred to and be determined by two arbitrators one to be appointed by each party. The provisions of the Common Law Procedure Amendment (Ireland) Act, 1856, shall apply to such arbitration, and to the appointment of such arbitrators who shall have power to award such costs as they shall think fit.

93 For protection of Alice Gertrude Williamson.

93.—The following provisions for the protection of Alice Gertrude Williamson her heirs executors administrators and assigns (hereinafter referred to as A. G. Williamson) and others the owners or occupiers for the time being of the quay, wharfs, railways, works and other property now owned by A. G. Williamson shall apply and have effect:—

94 For protection of Sir Samuel Kelly trading as T. and J. Connick and Company.

94.—The following provisions for the protection of Sir Samuel Kelly, trading as T. and J. Connick and Company, their successors and assigns and all others the owners and occupiers of the premises known as Connick's Quay, now the property of the said Sir Samuel Kelly (hereinafter referred to as T. and J. Connick and Company) shall apply and have effect:—

95 For protection of B. O'Rourke and Company Limited.

95.—The following provisions for the protection of B. O'Rourke and Company Limited and their successors and assigns and others the owners or occupiers for the time being of the quay, wharf, railways, works and other property now owned by the said B. O'Rourke and Company Limited at Dundalk Harbour shall apply and have effect:—

96 Savings rights of other persons.

96.—Nothing in this Act contained shall in anywise affect any estate, claim, right, title or interest of any person in or to or relating to any of the strand, mudland or other land or ground lying between high and low water mark within the limits of the said river, port or harbour; but the same shall be and remain as if this Act had not been passed, save and except as to such right, title or interest therein as the Commissioners may acquire therein by purchase or otherwise under the powers herein contained; and provided no embankment or other work be made or erected thereon or on the sides thereof which would interfere with, damage or impede the works by this Act authorised to be made or the navigation of the said river, port or harbour.

97 Saving rights of the State.

97.—Nothing in this Act shall affect any property, real or personal, vested in Saorstát Eireann, or in any Minister thereof, or in any board or body exercising any functions of government or public administration, or be construed to restrict or prejudice the rights of Saorstát Eireann, or any right, power, privilege or duty vested by law in any Minister or any officer of Saorstát Eireann, and in particular any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Commissioners any right of entry into, or any estate or interest in any such property, but this section shall not operate to prevent the exercise in accordance with this Act by the Commissioners of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Commissioners.

98 For protection of the Minister for Posts and Telegraphs.

98.—Nothing contained in this Act shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs, as defined by the Telegraphs Acts, 1878, or other property of the Minister for Posts and Telegraphs, or any of the rights of the Minister for Posts and Telegraphs under the Telegraphs Acts, 1863 to 1920; the Electricity (Supply) Acts, 1882 to 1919, and the Electric Lighting (Clauses) Act, 1899; and section 14 of the Schedule to the Electric Lighting (Clauses) Act of 1899, so far as it relates to the Minister for Posts and Telegraphs, shall apply to the construction or laying down under this Act of any works across or along any land, railway, canal or navigation, whether below or above ground, in like manner as it applies to the execution of works in, under, along or across any street or public bridge.

99 Power to hold lands.

99.—Notwithstanding anything in the Lands Clauses Acts or in any other Act or Acts to the contrary, the Commissioners may retain hold and use for such time as they may think fit, and may from time to time sell lease exchange or otherwise dispose of in such manner and for such consideration and purpose and on such terms and conditions as they may think fit the lands houses and property described in Schedule “B” to this Act annexed.

100 North Sloblands as and when reclaimed for purposes of undertaking.

100.—The Commissioners may from time to time sell such portion of the area known as the North Sloblands described in Work No. 5 as and when reclaimed as the Commissioners in their discretion may from time to time determine are not required for the purposes of maintaining and improving the port and harbour of Dundalk, and shall apply the proceeds of such sale in reduction of the moneys to be borrowed by them under the powers by this Act conferred on them, or in the extension or preservation of the works by this Act authorized, or for the purpose of extraordinary repairs of the harbour and works connected therewith or other extraordinary expenses incident to the management, improvement or extension of the said harbour and the works connected therewith.

101 Power to Commissioners to enlarge or improve existing quays, etc., and toconstruct new quays, docks, etc.

101.—The Commissioners may, subject to the provisions of this Act, from time to time and at all times hereafter extend, enlarge, alter or improve any existing quay, wharf, pier, jetty or landing-place, and may construct, make and maintain within the limits of the port and harbour such docks, graving-docks, and such new quays, wharves, piers, jetties, landing-places, roads, approaches and other works necessary for the public convenience as they shall think fit; and may from time to time extend, enlarge, alter or improve same: Provided always that the Commissioners shall not, under the powers in this section contained, construct or make any works extending below high water mark at ordinary spring tides unless the plans for the same shall have been first submitted to and approved by the Minister for Industry and Commerce.

102 Consent of Minister for Industry and Commerce to certain works.

102.—(1) Where any of the works authorised by this Act is to be constructed on, over or under tidal lands below high water mark of ordinary spring tides the construction thereof shall be subject to the consent of the Minister for Industry and Commerce and every such work to be so constructed as aforesaid shall be constructed in accordance with such plans and sections as the Minister for Industry and Commerce may approve, and subject to such restrictions (if any) and regulations as the said Minister shall, prior to the commencement of the work, prescribe.

• (2) Every alteration in or extension of any such work as aforesaid shall be subject to the consent of the Minister for Industry and Commerce and shall be made in accordance with plans and sections approved by him.

• (3) Where any such work as aforesaid—

• (a) is commenced without the consent of the Minister for Industry and Commerce, or

• (b) is constructed in a manner not in accordance in all respects with the plans and sections approved by the Minister for the construction of that work, or

• (c) is altered or extended in a manner not in accordance in all respects with the plans and sections approved by the Minister for Industry and Commerce for the alteration or extension of such work,

the Minister for Industry and Commerce may at the cost of the Commissioners remove such work or any part thereof or any extension thereof, so made as aforesaid and the amount of such cost shall be a debt due by the Commissioners to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

103 Power to Minister make surveys, etc.

103.—The Minister for Industry and Commerce may at any time at the cost of the Commissioners make a survey and inspection—

• (a) of the intended site of any of the works authorised by this Act, or

• (b) of any of the works authorised by this Act,

and the amount of any such cost shall be a debt due by the Commissioners to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

104 Power to Minister to remove abandoned or decayed works.

104.—(1) Where any of the works authorised by this Act constructed on, in, over, through or across any tidal lands or tidal water is abandoned by the Commissioners or allowed by them to fall into decay, the Minister for Industry and Commerce may at the cost of the Commissioners—

• (a) remove such work or any part thereof, and

• (b) restore the site thereof to its condition prior to the construction of such work thereon.

• (2) The amount of any such cost as aforesaid shall be a debt due by the Commissioners to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

105 Certain lands reclaimed to belong to the State.

105.—If in the course or by means of the execution of any of the works authorised by this Act any part of the shores or bed of Dundalk Harbour or of the sea beyond the mouth thereof which by Article 11 of the Constitution belong to Saorstát Eireann shall be inned, gained or reclaimed from the water the Commissioners shall not have or exercise any right thereon or in respect thereof , but such inning, gaining or reclamation of lands so belonging to Saorstát Eireann shall enure absolutely for the benefit of Saorstát Eireann, and it shall not be lawful for the Commissioners to take, enter upon, or interfere with the lands so inned, gained or reclaimed for any purpose save in pursuance of a grant to them of such lands by way of lease or licence under the provisions of the State Lands Act, 1924 or any Act amending or extending the same,

106 Provision against danger to navigation.

106.—If any of the works authorised by this Act or any Part of any such work is injured or destroyed or falls into decay the Commissioners shall lay down such buoys, exhibit such lights or take such other means for preventing so far as may be danger to navigation as shall from time to time be directed by the Commissioners of Irish Lights or other the general lighthouse authority for the time being and shall apply to that authority for directions as to the means to be taken and the Commissioners shall be liable to a penalty not exceeding ten pounds for every month during which they omit so to apply or refuse or neglect to obey any direction given in reference to the means to be taken.

107 Duty on Commissioners to keep lifebuoys, etc.

107.—The Commissioners shall at all times keep at the outer extremity of the existing quays and at the outer extremity of the quay wall or other frontage authorised by this Act, and at reasonable distances along such quays and quay wall or other frontage and in accordance with any requirements which may be made by the Minister for Industry and Commerce a sufficient number of lifebuoys and lines in good order, and fit and ready for use.

108 Duty on Commissioners to exhibit lights during construction, etc., of works.

108.—(1) It stall he the duty of the Commissioners during the whole time of constructing, altering or extending any of the works authorised by this Act below high-water mark to exhibit and keep burning at their own expense at or near any such work in course of construction, alteration or extension every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

• (2) It shall be the duty of the Commissioners to exhibit and keep burning at their own expense at the outer extremity of every work (when completed) authorised by this Act every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

• (3) If and whenever the Commissioners fail to comply with any of the provisions of this section they shall for each day in which they so fail be liable to a penalty not exceeding twenty pounds recoverable in a court of summary jurisdiction.

109 Cables, pipes or wires under or across tidal waters.

109.—Notwithstanding anything contained in this Act any cables, pipes or wires to be laid or placed by the Commissioners under or across any tidal water shall be laid or placed at such depth under or at such height over such tidal water as the Minister for Industry and Commerce may require.

110 Restrictions on displacing persons of working class.

110.—(1) The Commissioners shall not under the powers of the Act purchase or acquire in any local area any house or houses which on the twentieth day of May One thousand nine hundred and twenty-four were or have been since that date or shall hereafter be occupied either wholly or partially by thirty or more persons belonging to the working class as tenants or lodgers unless and until the Commissioners shall have

• (a) obtained the approval of the Minister for Local Government and Public Health to a scheme for providing new dwellings for such number of persons as were residing in such houses on the said twentieth day of May, or for such number or proportion of such persons as the said Minister shall after inquiry deem necessary having regard to the number of persons on or after that date residing in such houses and working within one mile therefrom and to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses or to the place of employment of such persons and to all the circumstances of the case; and

• (b) given security to the satisfaction of the said Minister for the carrying out of the scheme.

• (2) The approval of the said Minister to any scheme under this section may he given either absolutely or conditionally and after the said Minister has approved of any such scheme he may from time to time approve either absolutely or conditionally of any modifications in the scheme.

• (3) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out, and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced: Provided that the said Minister may dispense with the last-mentioned requirement subject to such conditions (if any) as he may see fit.

• (4) Any provisions of any scheme under this section or any conditions subject to which the said Minister may have approved of any scheme or of any modifications of any scheme or subject to which he may have dispensed with the above-mentioned requirement shall be enforceable by a writ of mandamus to be obtained by the said Minister out of the High Court.

• (5) If the Commissioners acquire or appropriate any house or houses for the purposes of this Act in contravention of the foregoing provisions or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of the scheme they shall be liable to a penalty of five hundred pounds in respect of every such house, which penalty shall be recoverable by the said Minister by action in the High Court, and shall be carried to and form part of the Central Fund of Saorstát Eireann: Provided that the Court may if it think fill reduce such penalty.

• (6) For the purpose of carrying out any scheme under this section the Commissioners may appropriate any lands for the time being belonging to them or which they may have power to acquire and may purchase such further lands as they may require and for the purpose of any such purchase sections 202, 203 and 214 of “The Public Health (Ireland) Act, 1878,” as amended by any subsequent enactment shall be incorporated with this Act and shall apply to the purchase of lands by the Commissioners for the purposes of any scheme under this section in the same manner in all respects as if the Commissioners were a sanitary authority within the meaning of “The Public Health (Ireland) Act, 1878,” and the scheme were one of the purposes of that Act.

• (7) The Commissioners may on any lands belonging to them or purchased or acquired under this section or any Provisional Order issued in pursuance of this section erect such dwellings for persons of the working-class as may be necessary for the purpose of any scheme under this section and may sell, demise or let or otherwise dispose of such dwellings and any lands purchased or acquired as aforesaid and may apply for the purposes of this section to which capital is properly applicable or any of such purposes any moneys which they may be authorised to raise or apply for the general purposes of their undertaking: Provided that all lands on which any buildings have been erected or provided by the Commissioners in pursuance of any scheme under this section shall for a period of twenty-five years from the date of the scheme be appropriated for the purpose of such dwellings and every conveyance, demise or lease of such lands and buildings shall be endorsed with notice of this enactment: Provided also that the said Minister may at any time dispense with all or any of the requirements of this sub-section subject to such conditions (if any) as he may see fit.

• (8) The said Minister may direct any inquiries to be hold which he may deem necessary in relation to any scheme under this section, and the inspectors of the said Minister shall for the purposes of any such inquiry have all such powers as they have for the purposes of inquiries directed by the said Minister under “The Public Health (Ireland) Act, 1878.”

• (9) The Commissioners shall pay to the said Minister a sum to be fixed by that, Minister in respect of the preparation and issue of any Provisional Order in pursuance of this section and any expenses incurred by that Minister in relation to any inquiries under this section including the expenses of any witnesses summoned by the inspector and a sum to be fixed by that Minister not exceeding three guineas a day for the services of such inspector.

• (10) Any houses purchased or acquired by the Commissioners for or in connection with any of the purposes of this Act, whether purchased or acquired in exercise of the powers conferred by this Act or otherwise, and whether before or after the passing of this Act which may have been occupied by persons of the working class within five years before the passing of this Act shall for the purposes of this section be deemed to have been acquired under the powers of this Act and to have been occupied on the said twentieth day of May by the same number of persons belonging to the working class as were occupying the said houses at the date of their acquisition: Provided that if the said Minister is unable to ascertain the number of such persons who were then occupying the said houses the said houses shall be deemed to have been occupied by such number of such persons as in the opinion of the said Minister they might have been sufficient to accommodate.

• (11) For the purposes of this section the expression “local area” means any urban or rural district, borough or county borough; the expression “house” means any house or part of a house occupied as a separate dwelling; and the expression “working class” means mechanics, artizans, labourers and others working for wages, hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week and the families of any such persons who may be residing with them.

111 Expenses of Act.

111.—The costs, charges and expenses of and incident to the applying for, obtaining and passing this Act shall be paid by the Commissioners out of the monies received or to be received or raised by virtue of this Act.

112 Repeal of so much of 30 and 31 Vict., c. 183 and 36 and 37 Vict., c. 174 as is repugnant to transfer of lands from Dundalk Newry and Greenore Railway Company.

112.—As and from the date of any conveyance or assurance from the Dundalk Newry and Greenore Railway Company to the Commissioners of any of the lands by this Act authorised to be acquired by the Commissioners, so much of the Dundalk and Greenore Railway Act 1867 and of the Dundalk Newry and Greenore Railway Act 1873 as is repugnant to or might operate to prevent the transfer to and vesting in the Commissioners of such lands with the, railway sidings and other conveniences thereon for the purposes of the undertaking by this Act authorised, and the occupation, use, maintenance and management by the Commissioners of the same, shall be, and the same is, but only for the purpose aforesaid and not further or otherwise, hereby repealed; and the powers of purchasing, acquiring and holding the same shall be and the same are hereby transferred from the Dundalk Newry and Greenore Railway Company to the Commissioners: Provided always that this section shall cease to be operative after ten years from the passing of this Act, if within such time the Commissioners shall not have exercised the powers for compulsory acquisition of any of the said lands.

113 Short title.

113.—In citing this Act for any purpose whatever it shall be sufficient to use the expression “The Dundalk Harbour and Port Act, 1925.”

The SCHEDULES hereinbefore referred to.

SCHEDULE “A” RATES CHARGEABLE AT THE PORT OF DUNDALK. MAXIMUM RATES PAYABLE ON GOODS.