(Private) LIMERICK HARBOUR ACT, 1926

AN ACT TO CONFER ADDITIONAL POWERS ON THE LIMERICK HARBOUR COMMISSIONERS FOR THE IMPROVEMENT AND DEVELOPMENT OF THE PORT AND HARBOUR OF LIMERICK AND FOR THE CONSTRUCTION OF A NEW DOCK ENTRANCE AND PASSAGE AND FOR THE EXECUTION OF CERTAIN RECLAMATIONS AND EMBANKMENTS AND FOR OTHER PURPOSES CONNECTED THEREWITH AND TO CONFER BORROWING POWERS.

[9th July, 1926.]

Preamble.

WHEREAS by a local and personal Act of 1823 entitled “An Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate sharp vessels frequenting the port of Limerick” the Limerick Bridge Commissioners were incorporated for the purpose of erecting such bridge and floating dock:

AND WHEREAS by a local and personal Act of 1834 amending the first mentioned Act of 1823 the Limerick Bridge Commissioners were reconstituted and were amongst other things authorised to levy certain tolls in lieu of the tolls authorised by the said first mentioned Act and to borrow money for the purpose of constructing new quays and other works for the improvement of the port and harbour of Limerick and for the formation of a floating dock:

AND WHEREAS by a local and personal Act entitled “The Limerick Docks and Harbour Improvement Amendment Act 1847” the said two first mentioned Acts were amended and the name of the Limerick Bridge Commissioners was changed to the name of the Limerick Harbour Commissioners and they were authorised to construct a floating dock in lieu of the floating dock authorised by the Act of 1834 and to borrow from the Commissioners of Public Works in Ireland further money for that purpose:

AND WHEREAS by an Act entitled “The Limerick Harbour (Composition of Debt) Act 1867” the debts due and owing by the Limerick Harbour Commissioners in respect of sums advanced from time to time by the Commissioners of the Treasury were compounded for the sum of £65,000 subject as therein mentioned and the Public Works Loan Commissioners were authorised to lend and the Commissioners to borrow a sum not exceeding £20,000 for the purpose of improving the said port and constructing a graving dock therein and also a further sum of £3,779 9s. 1d. in respect of a debt formerly due to Sir Thomas Deane:

AND WHEREAS by an Act entitled “The Limerick Harbour Act 1867” the Commissioners were reconstituted and all the property and rights of the port and harbour of Limerick were vested in the Commissioners and the tolls theretofore paid under the authority of the Act of 1847 ceased and were repealed and new harbour tolls were authorised to be levied in lieu thereof and also tolls for a graving dock which the said Commissioners were authorised to construct:

AND WHEREAS by an Act entitled “The Limerick Harbour Act 1888” the tolls authorised to be levied by the Commissioners were repealed and new rates and duties were substituted therefor and the Commissioners were authorised to borrow a further sum not exceeding £20,000 for the purposes of rebuilding or repairing the floating dock:

AND WHEREAS by an Act entitled “The Pier and Harbour Orders Confirmation (No. 4) Act 1903” a Provisional Order made by the Board of Trade under the General Pier and Harbour Act 1861 for altering for the purposes of rating the method of calculating the register tonnage of steam vessels and steam tugs using the Harbour of Limerick the charging and levying of harbour light tolls and for other purposes was inter alia confirmed:

AND WHEREAS by an Act entitled “The Pier and Harbour Orders Confirmation (No. 1) Act 1921” a Provisional Order made by the Minister of Transport under the General Pier and Harbour Act 1861 for increasing the tolls leviable by the Commissioners and for other purposes was inter alia confirmed:

AND WHEREAS the dock dock entrance passage reclamations embankments and works authorised by this Act are necessary for the improvement of the Port of Limerick and it is expedient that the Commissioners should have power to construct the dock dock entrance passage reclamations embankments and works authorised by this Act and to purchase either compulsorily or by Agreement the lands necessary to be acquired for these purposes and for the maintenance of the works and also to raise the monies required for the purposes aforesaid:

AND WHEREAS a plan and sections showing the lines, situations and levels of the proposed new dock dock entrance passage 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 Limerick 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 all monies borrowed from time to time by the Commissioners have now been repaid and there are no charges upon the tolls or income now leviable or receivable by the Commissioners:

AND WHEREAS it is expedient that powers should be granted to the Commissioners from time to time to borrow at interest from any person persons or corporation who may be willing to advance the same any sum not exceeding £200,000 on the credit of the tolls and income receivable and leviable by the Commissioners and other funds and property vested in the Commissioners under this or any other Act and to secure the repayment of any such monies by assignment of the said tolls income funds or property or any of them as a security to the person persons or corporation who shall advance or lend such monies or to any trustee for such person persons or corporation for repayment of the monies so borrowed:

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 Interpretation of terms.

1.—In this Act unless the subject or context, otherwise requires:—

the expression “the Commissioners” means the Limerick Harbour Commissioners;

the expression “tolls” means tolls rates duties dock rents charges and dues payable to the Commissioners whether in respect of docks lights ships goods river craft or otherwise.

2 Commissioners empowered to construct new dock connecting passage and dock entrance to carry out reclamation, construct embankment and to acquire lands.

2.—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 dock with walls and works incidental thereto a connection or passage with quay walls moveable bridge and works incidental thereto a dock entrance with dock gates quay walls and works incidental thereto and dredged approach to same and carry out a reclamation and construct an embankment for widening of quays in the lines and situations shown on the deposited plans and hereinafter described and subject as aforesaid the Commissioners may construct lay down erect provide and maintain all necessary and convenient railways 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 stoops weighing beams workshops lights lighthouses dredging boats dredgers tugboats machines works and conveniences in upon or near the harbour or port quays wharves and embankments 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 roads approaches buildings 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 lands buildings rights of way and other property shown on the deposited plans.

3 Situation and description of works authorised.

3.—The works by this Act authorised will be wholly situate in the Parish of Saint Michael and in the extra Parochial place of the bed and foreshore of the River Shannon adjoining the said Parish of Saint Michael in the County Borough of Limerick and are:—

Work No. 1 - A new dock with walls and works incidental thereto containing - 6 acres, 1 rood and 38 perches statute measure situate wholly in St. Michaels‘ Parish and County Borough of Limerick bounded on the cast side by a line 286 feet in length parallel to west wall of existing clock and 60 feet to westward of same commencing at a point where said parallel line is intersected by the prolongation of face line of south wall of existing clock and terminating at a point 286 feet from said point of commencement measured along said parallel line in a northerly direction bounded on the north side by a line commencing at the termination of east boundary and terminating at a point 710 feet from said point of commencement measured in a westerly direction and 40 feet from the centre of the public path along river embankment on the south side of River Shannon measured in a southerly direction bounded on the west side by a line commencing at the point of termination of the northern boundary and terminating at a point 240 feet from said point of commencement measured in a southerly direction and 640 feet from the southern end of existing west boundary fence of dock property measured in a north-westerly direction bounded on the south-west by a line commencing at the termination of western boundary and terminating at a point, 430 feet from the said point of commencement measured in a south-easterly direction and 90 feet from west pier of entrance gate to dumping ground adjoining western boundary of dock property measured in a northerly direction and bounded on the south-east side by a line commencing at the point of termination of the south-west boundary and terminating at the point of commencement of the aforesaid eastern boundary 510 feet in length measured in a north-easterly direction.

Work No. 2. - A connection or passage with quay walls moveable bridge and works incidental thereto wholly situate in Saint Michael's Parish and County Borough of Limerick 60 feet in length and 70 feet in breadth between Work No. 1 and existing dock for the passage of boats, the centre line of said passage commencing at a point in the centre of the eastern boundary of Work No. 1 already described and terminating at a point in the. face of West Wall of existing dock 138 feet from the south-west corner of existing dock measured along west face of said existing dock in a northerly direction.

Work No. 3 - A dock entrance 75 feet in width with dock gates quay walls and works incidental thereto and dredged approach to same situate partly in Saint Michael's Parish and partly in the Extra Parochial Place of the bed and foreshore of the River Shannon both in the County Borough of Limerick commencing as regards its centre line at the centre of the western boundary of Work No. 1 already described and terminating in the centre of the River Shannon 1640 feet from said point of commencement measured in a north-westerly direction and 460 feet from the centre of the public path on southern embankment of River Shannon measured in a northerly direction.

Work No. 4 - A reclamation and embanking for widening of quays in connection with Work No. 1 such reclamation and embanking being wholly situate in the Extra Parochial Place of the bed and foreshore of the River Shannon and County Borough of Limerick containing 2 acres 2 roods 12 perches statute measure bounded on the south side partly by the club house and grounds in the occupation of Saint Michael's Boat Club and partly by the public pathway along the river embankment bounded on the north side by a line drawn from the steps at the north-west corner of north quay of existing docks to a point 60 feet north of the sluice at end of corporation sewer on foreshore for a length of 930 feet measured in a westerly direction bounded on the east partly by Saint Michael's Boat Club promenade and partly by the quay wall at western end of north quay and bounded on the west by a curved line drawn from the termination of the northern boundary to a point in the public pathway on embankment 720 feet from the south-west corner of Saint Michael's Boat Club promenade measured along public path in a westerly direction.

4 Powers to extinguish right of way.

4.—The Commissioners may extinguish the public right of way numbered 7 on the deposited plans for a length of 455 yards along the river embankment on the south side of the River Shannon from the north-west corner of the existing dock property measured in a westerly direction and shall substitute therefor a public pathway along the western line of deviation of works Nos. 1 and 3 between the Dock Road and the said pathway along the bank of the river and may extinguish all, if any, existing rights of way over any portion of the lands proposed to be acquired.

5 Power to divert sewer.

5.—The Commissioners may divert the sewer running from the Dock Road to the foreshore and shown on the deposited plans as passing through Work No. 1 from the point where it leaves the Dock Road so as to pass to the westward of the new dock and to terminate at the southern wall of Work No. 3 about 50 yards to the westward of the new dock gate.

6 Power to deviate.

6.—The Commissioners may in constructing the specified works deviate from the lines or situations thereof as shown on the deposited plans relating thereto within the limits of deviation shown thereon and from the levels of all or any of the specified works as shown on the deposited sections to any extent not exceeding three feet upwards or downwards.

7 Period for completion of specified works.

7.—Subject to the provisions of this Act if the specified works are not completed within ten years from the passing of this Act then on the expiration of that period the powers by this Act granted to the Commissioner for making and completing the specified works or otherwise in relation thereto shall cease except as to so much thereof as is then completed but nothing herein contained shall restrict the Commissioners from maintaining using altering replacing relaying or removing any of the specified works by this Act authorised at any time and from time to time as occasion requires.

8 Period for compulsory purchase of lands.

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

9 Power to purchase lands for extraordinary purposes.

9.—In addition to the lands already acquired and held by the Commissioners or to be acquired by the Commissioner 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.

10 Borrowing powers.

10.—The Commissioners may from time to time borrow at interest from any person persons or corporation who may be willing to advance the same any sum not exceeding the sum of £200,000 on the credit of the tolls and income receivable or leviable by the Commissioners and other funds and properly vested in the Commissioners under this Act or any other Act and to secure the payment with interest of any monies to be borrowed by virtue of or under the provisions of this Act the Commissioners may assign the tolls income funds and property or any of them of the Commissioners to the person persons or corporation who shall advance or lend any such money or to any trustee for such person persons or corporation as a security for the payment of any money so to be borrowed with interest for the same.

11 Notice of repayment of loan.

11.—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.”

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

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

13 Provision for sinking fund for payment of money borrowed under this Act.

13.—(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 rents dues and property by virtue of this Act an annual sum being for the first period of ten years from the date of the borrowing of One Pound per centum for the second such period of ten years of One Pound Six Shillings and Eight Pence per centum for the third such period of ten years of Two Pounds per centum for the fourth such period of ten years of Two Pounds Thirteen Shillings and Four Pence per centum and for the fifth such period of ten years Three Pounds per centum of the sums from time to time so borrowed as aforesaid.

• (2) It shall be the duty of the Commissioners within twenty-one 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 the return mentioned in 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 monies 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.

14 Application of money borrowed.

14.—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.

15 Power to reborrow to pay off existing loan.

15.—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 and property.

16 Power to borrow on cash credit.

16.—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.

17 Sinking Fund may be applied in repayment of borrowed monies.

17.—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 period 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.

18 Power to levy tolls.

18.—There shall be payable to the Commissioners in respect of the works authorised by this Act or any of them when completed such tolls as the Commissioners may determine in accordance with the scale of charges for the time being in force under any enactment with reference to the works and property now vested in the Commissioners. The tolls payable to the Commissioners in respect of the works authorised by this Act shall form part of the general tolls of the Commissioners and shall be dealt with and applied by the Commissioners accordingly.

19 Minister for Industry and Commerce may revise rates.

19.—(1) The Commissioners shall so adjust the scales of all tolls (whether payable in respect of the works authorised by this Act or any of them or in respect of the property now vested in the Commissioners) that the annual income derived by them from such tolls shall be sufficient and not more than sufficient to meet their annual expenditure.

• (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 or

• (b) upon investigation by him after representations made in that behalf by the Commissioners, or by a Chamber of Commerce or any shipowner or shipping company or other person concerned that the amount of the annual income derived by the Commissioners from such tolls 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 calculated on the average of the three years aforesaid the Minister for Industry and Commerce may by order (whether by way ,of increase or of decrease and notwithstanding any statutory or other limitation now existing) modify the scales of such tolls so that the amount of the annual income derived from such tolls shall be sufficient and not more than sufficient to meet the annual expenditure of the Commissioners.

20 Collection of tolls.

20.—(1) All tolls payable to the Commissioners, shall at all times be charged equally to all persons in respect of the same class or description of goods.

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

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

21 Superannuation allowances and gratuities.

21.—(1) The Commissioners may, at their discretion, grant to any whole-time officer or servant in their employment who either—

• (a) has attained the age of sixty-five years and has at least twenty-five years' continuous service, or

• (b) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body not caused by his own misconduct, or of old age, and who has not less than ten years' continuous service,

upon his resigning or otherwise ceasing to be employed an annual allowance for his life not exceeding in any case two-thirds of his annual remuneration and emoluments and subject to that over-riding, limitation, not exceeding in annual sum calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

• (2) The Commissioners may, at their discretion, grant to any whole-time officer or servant in their employment who has at least ten years' continuous service and who retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners, by which greater efficiency and economy can be effected, such special annual allowance for his life by way of compensation as on full consideration of the circumstances shall appear to the Commissioners to be a reasonable and just compensation for the loss of his office or situation, but not exceeding in any case two-thirds of his annual remuneration and emoluments, and subject to that over-riding limitation not exceeding an annual slim calculated at the rate of one-sixtieth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

• (3) The Commissioners may, at their discretion, grant to any whole-time officer or servant in their employment, whose service is less than ten years, and who either—

• (a) becomes incapable of discharging his duties with efficiency by reason of permanent infirmity of mind or body not caused by his own misconduct, or of old age, or

• (b) who retires or is removed from his employment in consequence of the abolition of his office or situation, or for the purpose of facilitating improvements in the organisation or working of the undertaking of the Commissioners by which greater efficiency and economy can be effected,

upon his retiring or ceasing to be employed, a gratuity not greater than one-sixth of his annual remuneration and emoluments for every completed year of service with the Commissioners.

• (4) The payment of any allowances, and gratuities authorised to be paid by this section shall be a purpose to which the tolls, and other income received by the Commissioners may be applied.

• (5) The grant of any annual allowance, or gratuity made prior to the 1st day of June, 1926, by the Commissioners to any of their former officers or servants is hereby confirmed, and the payment thereof is hereby declared to be a purpose to which the tolls and other income received by the Commissioners would have been and may be applied, notwithstanding that the amount, of any such allowance or gratuity exceeds the rate authorised by this section.

• (6) In this section the expression “annual remuneration and emoluments” means in relation to an officer or servant who has been employed for not less than three years the average amount of remuneration and emoluments during the three years ending on the day on which he resigns or otherwise ceases to be employed, and in relation to an officer or servant who has been employed for less than three years the average amount of his remuneration and emoluments during each completed year of service.

22 Inspection of accounts.

22.—(1) All the accounts which are required by law to be kept by the Commissioners shall be open to the inspection of the persons paying tolls from ten o'clock till one o'clock in the day-time; such account shall be prepared and ready for audit within two months after the 31st day of December in the year 1926 and in every subsequent year and a full audited abstract of the accounts shall within three months after the 31st day of December in the year 1926 and in every subsequent year or within 21 days next after the completion of the audit of accounts whichever shall be the longer period be, published in a newspaper or newspapers circulating and published in the County Borough of Limerick.

• (2) The Commissioners shall within two months after the 31st day of December in the year 1926 and in every subsequent year or within 21 days next after the completion of the, audit of accounts whichever may be the longer period send to the Minister for Industry and Commerce a copy of the audited 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.

• (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.

23 Appointment of Auditor.

23.—(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 tolls and other income received by them.

• (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, the appointment of an auditor appears to him for any special reason to be unnecessary, appoint a fit and proper person to be the auditor in lieu and stead of the auditor so removed.

24 Audit of accounts of Commissioners.

24.—(1) It shall be the duty of the secretary to the Commissioners on any examination and audit of accounts to attend before the auditor at the appointed time and place, and there to produce and give to the, auditor all his books of accounts, 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 secretary) 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 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 the same upon the person making or authorising the payment, charge, or allowance so disallowed and struck out, and thereupon 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 any examination and audit made by him under this section by any person aggrieved by any allowance, disallowance, or surcharge made by him on such examination and audit, state in writing his reasons for such allowance, disallowance or surcharge, and furnish forthwith a copy of such statement to such aggrieved person.

• (4) Any person aggrieved by any allowance, disallowance, or surcharge may, within twenty-one days after the completion of the audit if a statement of the auditor's reasons for such allowance, disallowance, or surcharge has not been applied for within ten days after the completion of the audit, or within fourteen days from the furnishing of the statement of such reasons if such statement has been applied for within the time aforesaid either—

• (a) appeal to the Minister for Industry and Commerce in the manner to be prescribed by such Minister, and such Minister shall deal with the matter (including, but subject to the provisions of this section, the costs of appeal) as justice may require, and the decision of such Minister on any such appeal shall be final and shall not be subject to appeal to or review by any court, or

• (b) in lieu of such appeal to the Minister for Industry and Commerce, apply to the High Court 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 rules of court, and on the removal of such allowance, disallowance, or surcharge, the Court shall make such order thereon (including, but subject to the provisions of this section, an order as to costs) as justice may require.

• (5) On any proceedings under the foregoing sub-section the Minister for Industry and Commerce or the High Court as the case may be if it appears to such Minister or Court that the decision of the auditor was correct, direct that the costs of the auditor be paid by the person appealing or prosecuting such writ of certiorari as the ease may be, or if it appears to such Minister or the High Court that the decision of the auditor was erroneous direct that, the costs of the person appealing or prosecuting such writ of certiorari as the case may be, be paid out of the tolls and other income of the Commissioners, but in no case shall any order for payment of the costs of the person appealing or prosecuting such writ of certiorari be made against the auditor.

• (6) Any costs (including costs between solicitor and client) incurred by the auditor in relation to any proceedings on any appeal or writ of certiorari under this section and which have not been recovered by the auditor, from the person appealing or prosecuting such writ of certiorari shall be paid to the auditor out of the tolls and other income of the Commissioners.

• (7) Any sum certified by the auditor under this section to be due by any person shall (subject to any reversal, cancellation or variation of the, certificate by the Minister for Industry and Commerce or the High Court) be paid by such person to the auditor within twenty-one days after the completion of the audit or, in case an application has been made for a statement of the auditor's reasons for such allowance, disallowance, or surcharge within fourteen days from the date of the delivery of such statement, or, in case an appeal has been made to such Minister or proceedings have been taken by way of certiorari, within fourteen days from the date of the decision on such appeal or proceedings, and every allowance made by the auditor which has been disallowed by such Minister or Court shall be a slim due from the person making or authorising, the payment which was the subject of such allowance, and shall be paid to the auditor within fourteen days from the date of the decision of such Minister or Court, and any sum payable under this sub-section to the auditor, may, if not so paid in accordance with this sub-section, be recovered as a civil debt by the auditor by action or other proceeding in any court of competent jurisdiction, and every sum paid to or recovered by the auditor under this sub-section shall, when received by him, be applied by him in the manner directed by the Minister for Industry and Commerce, and any costs and expenses by the auditor in proceedings for the recovery of any such sum which are not recovered by the auditor from the defendant in any such proceedings shall be paid to the auditor out of the tolls and other income of the Commissioners.

• (8) 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.

• (9) 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.

25 Saving rights of the State.

25.—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 rights 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.

26 Protection of the Minister for Posts and Telegraghs.

26.—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(Clauses) Act 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.

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

27.—(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.

28 Power to Minister to make surveys, etc.

28.—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.

29 Power to Minister to remove abandoned or decayed works.

29.—(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.

30 Provision against danger to navigation.

30.—If any of the works authorised by this Act or 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 in 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.

31 Duty on Commissioner to keep lifebuoys, etc.

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

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

32.—(1) It shall be 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.

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

33.—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.

34 Restrictions on displacing persons of working class.

34.—(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 here-after 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 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 be 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 conform to standards to be approved by the said Minister and 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: Provided that the Court may if it think fit 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 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 and 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 duly confirmed 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 monies 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 held 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 making and confirmation 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 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 sonic 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.

35 Expenses of Act.

35.—All costs charges and expenses preliminary to and of and incidental to the preparing applying for and obtaining and passing of this Act or otherwise in relation thereto shall be paid by the Commissioners and shall be paid in the first instance out of any monies for the time being in the hands of the Commissioners but shall be recouped by and charged to the monies to be borrowed under this Act.

36 Lands Clauses Acts incorporated.

36.—The Lands Clauses Acts as modified by the Acquisition of Land of Compensation) Act 1919 shall be and the same are hereby incorporated with and form part of this Act except so far as the same are expressly varied by or are inconsistent with the provisions of this Act.

37 Saving of existing Acts.

37.—Except only as is by this Act expressly provided the Limerick Harbour Act 1867 and any Acts amended or extended by or incorporated therewith and the Limerick Harbour Act 1888 the Pier and Harbour Orders Confirmation (No. 4) Act 1903 and the Limerick Harbour (Bridge) Act, 1913 and the Pier and Harbour Orders Confirmation (No. 1) Act 1921 shall continue to be of full force and effect as if this Act had not been passed.

38 Short title.

38.—This Act may be cited as Limerick Harbour Act, 1926.