Local Government (Dublin) Act , 1930

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the word “prescribed” means prescribed by the Minister;

the expression “the City” in relation to any time or period or anything done or to be done or an event happening before the appointed day means the Existing City and in relation to the appointed day or any time or period after the appointed day or anything done or to be done or an event happening on or after the appointed day means the county borough of Dublin as for the time being extended by or under this Act;

the expression “the Existing City” means the county borough of Dublin as existing immediately before the passing of this Act;

the expression “the Borough” means the borough of Dun Laoghaire established by this Act;

the expressions “the County” and the “County Council” mean respectively the administrative county of Dublin and the council of that county;

the expression “the City Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

the expression “the Borough Corporation” means the Corporation of Dun Laoghaire;

the expression “the Corporation” includes both the City Corporation and the Borough Corporation but shall be construed as referring to those Corporations distributively or respectively and not collectively;

the expression “the City Council” means the council established by this Act for the City;

the expression “the Borough Council” means the council established by this Act for the Borough;

the expression “the Council” includes both the City Council and the Borough Council but shall be construed as referring to those Councils distributively or respectively and not collectively;

the expression “the City Manager” means the Dublin City Manager and Town Clerk appointed by or under this Act;

the expression “the Borough Manager” means the Dun Laoghaire Borough Manager and Town Clerk appointed under this Act;

the expression “the Manager” includes both the City Manager and the Borough Manager but shall be construed as referring to those Managers distributively or respectively and not collectively;

the expression “the Lord Mayor” means the Lord Mayor of Dublin;

the expression “the Chairman” means the Chairman of the Borough Council;

the expression “the municipal fund” means in relation to the City the fund out of which the costs and expenses of the City Corporation are to be defrayed under this Act and in relation to the Borough the fund out of which the costs and expenses of the Borough Corporation are to be defrayed under this Act;

the expression “the municipal rate” means in relation to the City the rate to be raised under this Act by the City Corporation and in relation to the Borough the rate to be raised under this Act by the Borough Corporation for the purpose in each case of supplying any deficiency in the municipal fund;

the expression “city election” means a triennial election of members of the City Council held under this Act;

the expression “borough election” means a triennial election of members of the Borough Council held under this Act;

the expression “the day of election” means the day prescribed under this Act for the holding of the first city election, the first borough election, and the first election of members of the County Council after the passing of this Act;

the expression “the appointed day” means the day prescribed under this Act to be the appointed day;

the expression “the added urban districts” means the urban district of Pembroke and the urban district of Rathmines and Rathgar;

the expression “the coastal urban districts” means and includes the urban district of Dun Laoghaire, the urban district of Black-rock, the urban district of Dalkey, and the urban district of Killiney and Ballybrack;

the expression “the abolished bodies” means and includes the following bodies, that is to say:—

the respective councils of the several added urban districts;

the respective councils of the several coastal urban districts;

the Rathmines and Pembroke Joint Hospital Board;

the Rathmines and Pembroke Main Drainage Board;

the Blackrock and Kingstown Main Drainage Board;

the persons who, immediately before the appointed day, are performing the duties of the Council of the Urban District of Dalkey;

the expression “the added rural area” means the area consisting of the townlands parts of townlands and other land described in the First Schedule to this Act and to be more specifically defined in the maps thereof to be prepared under this Act;

the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);

the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);

the expression “the Board of Health” means the board of public health to be established for the County in pursuance of the Act of 1925 as applied to the County by this Act.

PART I. Reorganisation of Administrative Areas.

2 Inclusion of certain urban districts in the city.

2.—(1) On the appointed day the respective councils of the several added urban districts and also the Rathmines and Pembroke Joint Hospital Board and the Rathmines and Pembroke Main Drainage Board shall be dissolved and cease to exist, and thereupon the City Corporation shall become and be the successor of the said bodies respectively, and accordingly references in this Act to the successor of the said bodies or any of them shall be construed as referring to the City Corporation.

(2) On the appointed day the respective areas of the several added urban districts shall be detached from the county and from the jurisdiction and powers of the County Council and shall be added to the Existing City, and thenceforward the said areas shall be included in and form part of the city for all purposes and the boundary of the city shall be extended accordingly.

3 Formation of the Borough of Dun Laoghaire.

3.—(1) On the appointed day the respective councils of the several coastal urban districts and also the Blackrock and Kingstown Main Drainage Board shall be dissolved and cease to exist, and thereupon the Borough Corporation shall become and be the successor of the said bodies respectively, and accordingly references in this Act to the successor of the said bodies or any of them shall be construed as referring to the Borough Corporation.

(2) The Dalkey Urban District Council (Dissolution) Order, 1930, whereby the Council of the Urban District of Dalkey was dissolved under section 72 of the Act of 1925, shall remain in force until the appointed day and shall then cease to have effect, and thereupon the said Council shall be and thenceforward continue to be dissolved by virtue of the foregoing sub-section of this section and the Borough Corporation shall become and be the successor of the persons who, immediately before the appointed day, are performing the duties of the said Council.

(3) On the appointed day the respective areas of the several coastal urban districts shall become and thenceforward be collectively a municipal borough by the name of “the Borough of Dun Laoghaire,” being a part of the county.

(4) On the appointed day the inhabitants of the borough and their successors shall become and be one body politic and corporate by the name of “The Corporation of Dun Laoghaire,” with perpetual succession and a common seal.

(5) The Borough Corporation shall have the power, authority, immunities and privileges usually vested by law in the corporation of a municipal borough and the Municipal Corporations (Ireland) Act, 1840, and any Act amending or extending the same or otherwise relating to municipal corporations shall extend to the Borough and the Borough Corporation.

(6) The law in force at the passing of this Act in relation to the councils of boroughs shall, in so far as it is not inconsistent with this Act, apply to the Borough Corporation and for that purpose the Borough Corporation shall be deemed to be the council of a borough.

(7) For the purposes of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Acts, 1925 and 1927 and the purposes of the Local Government (Ireland) Acts, 1898 to 1919, as similarly amended, the Borough shall be an urban district and also an urban sanitary district and the Borough Corporation shall be the sanitary authority of such urban sanitary district.

4 Transfer of property of abolished bodies.

4.—(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for any of the abolished bodies and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the successor of such abolished body for all the estate, term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for such abolished body, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) All property transferred by this section which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of any of the abolished bodies shall, upon the request of the successor of such abolished body made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of such successor.

(3) On and after the appointed day every chose-in-action transferred by this section from an abolished body to the successor of such abolished body may be sued upon, recovered, or enforced by such successor in its own name and it shall not be necessary for such successor to give notice to the person bound by such chose-in-action of the transfer effected by this section.

5 Transfer of liabilities of abolished bodies.

5.—(1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by any of the abolished bodies shall, on the appointed day, become and be the debt or liability of the successor of such abolished body and shall be paid or discharged by and may be recovered from or enforced against such successor accordingly.

(2) Every debt the liability for which is transferred by this section and which is immediately before the appointed day charged on a rate leviable by or on the revenues or any part of the revenues of any of the abolished bodies shall, on and after the appointed day, be charged on the municipal fund and the municipal rate of the successor of such abolished body in like manner as it was previously charged on the said rate leviable by or on the revenues or part of the revenues of such abolished body.

(3) The abolition of an abolished body shall not invalidate or affect any paying order which may have been issued by such abolished body and not presented for payment before the appointed day, nor any authority given by such abolished body for the payment of the amount of such paying order, and the successor of such abolished body shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the appointed day.

6 Transfer of special powers of abolished bodies.

6.—(1) Every power, right, privilege, and authority conferred on or vested in any of the abolished bodies, either alone or jointly with another abolished body or any other body, by or under any statute or by contract, agreement, or licence (not being a power, right, privilege, or authority arising under general statutory or other law by reason merely of such abolished body being a corporate body or an urban district council or a sanitary authority) and in existence immediately before the appointed day shall, on the appointed day, become and be transferred to and vested in the successor of such abolished body and shall thenceforth be exercisable by such successor accordingly, either alone or jointly as the case may require.

(2) Where two or more abolished bodies having the same successor are, immediately before the appointed day, each possessed of a power, right, privilege, or authority in relation to the same subject matter and such powers, rights, privileges, or authorities are both transferred by this section to such successor then, if such powers, rights, privileges or authorities were exercisable by such abolished bodies jointly, they shall merge in such successor and become a single power, right, privilege, or authority, but, if such powers, rights, privileges, or authorities were exercisable by such abolished bodies severally and separately, they shall be cumulative in such successor and shall be exercisable by such successor as separate powers, rights, privileges, or authorities.

7 Preservation of continuing contracts.

7.—Every bond, guarantee, or other security of a continuing character made or given by any of the abolished bodies to another person or by any person to any of the abolished bodies and in force immediately before the appointed day and every contract or agreement in writing made between any of the abolished bodies and another person and not fully executed and completed before the appointed day shall, notwithstanding the dissolution of such abolished body, continue in force on and after the appointed day but shall be construed and have effect as if the name of the successor of such abolished body were substituted therein for the name of such abolished body, and such security contract, or agreement shall be enforceable by or against such successor accordingly.

8 Continuance of bye-laws, etc.

8.—(1) Every bye-law, rule, and regulation lawfully made by any of the abolished bodies and in force immediately before the appointed day shall, on and after that day and so far as it is not inconsistent with this Act, continue in force and have effect as a bye-law, rule, or regulation (as the case may be) made on the appointed day by the successor of such abolished body for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by such abolished body, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the appointed day may be recovered and enforced by such successor in the like manner and as fully as the same could have been continued, varied, revoked, recovered, or enforced by such abolished body if this Act had not been passed.

(2) No bye-law, rule, or regulation in force in the Existing City immediately before the appointed day shall apply or be extended to the area of an added urban district merely by virtue of the inclusion of such area in the City by this Act, but the City Council may at any time by resolution extend and apply any such bye-law, rule, or regulation to the area of either or both of the added urban districts, and, upon any such extension being so made, any bye-law, rule, or regulation continued in force in such area by this section which is inconsistent with the bye-law, rule, or regulation so extended shall cease to have affect in such area.

9 Continuance of resolutions, etc.

9.—Every resolution passed, order made, and notice served by any of the abolished bodies before the appointed day the operation, effect, or term of which has not ceased or expired before that day shall, on and after the appointed day and so far as is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the successor of such abolished body on the date on which the same was actually passed, made, or served by such abolished body and as if such successor were on the last-mentioned date already the successor of such abolished body.

10 Continuance of pending legal proceedings.

10.—In every action, suit, prosecution or other proceeding which is pending on the appointed day in any court or tribunal and to which an abolished body is a party, the successor of such abolished body shall on the appointed day become and be a party in the place of such abolished body and such proceeding shall be continued between such successor and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such abolished body.

11 Collection of rates due or accruing to abolished bodies.

11.—(1) All rates which immediately before the appointed day are due and payable to any abolished body shall on and after the appointed day be due and payable to and may be collected and recovered by or on behalf of the successor of such abolished body in like manner as they could have been collected or recovered by or on behalf of such abolished body if it had not been dissolved.

(2) All rates which immediately before the appointed day are accruing due to any abolished body shall on and after the appointed day accrue and be deemed always to have accrued due to the successor of such body and when any such rate becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor in like manner as it could have been collected or recovered by or on behalf of such abolished body if such body had not been dissolved.

(3) Every rate collector of the council of an added urban district or a coastal urban district who is in office as such rate collector immediately before the appointed day shall, on and after the appointed day, unless or until the successor of such council otherwise directs, collect and recover on behalf of such successor all rates which immediately before the appointed day were due and payable to or were accruing due to such council and had been given in charge to him for collection.

12 Admissibility in evidence of books of abolished bodies.

12.—(1) All books and other documents directed or authorised by or under any statute to be kept by any of the abolished bodies and which, immediately before the appointed day, would be receivable in evidence shall, notwithstanding the dissolution of such abolished body, be admitted in evidence after the appointed day as fully as if this Act had not been passed.