PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1930

AN ACT TO CONFIRM THE GALWAY HARBOUR ORDER, 1930. [9th December, 1930.]

WHEREAS the Galway Harbour Order, 1930, set out in the Schedule to this Act has been duly made by the Minister for Industry and Commerce under the General Pier and Harbour Act, 1861, and the General Pier and Harbour Act, 1861, Amendment Act, as adapted by the Adaptation of Enactments Act, 1922 (No. 2 of 1922):

AND WHEREAS under the provisions of the said Acts the said Order is of no validity or force whatever unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTAT EIRE ANN AS FOLLOWS:—

1 Confirmation of Order in Schedule.

1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.

2 Short title.

2.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation Act, 1930.

SCHEDULE. GALWAY HARBOUR ORDER, 1930.

ORDER FOR THE PROVISION BY THE GALWAY HARBOUR COMMISSIONERS OF VESSELS FOR THE CONVEYANCE WITHIN GALWAY BAY OF PASSENGERS, GOODS, PASSENGERS' LUGGAGE, MAILS AND OTHER MATTERS AND THINGS BETWEEN THE QUAYS AND DOCKS OF GALWAY HARBOUR AND OCEAN-GOING VESSELS AND FOR OTHER PURPOSES.

Short title.

1.—This Order may be cited as the Galway Harbour Order, 1930, and shall be construed as one with the Galway Harbour and Port Act, 1853, the Galway Harbour and Port Act (1853) Amendment Act, the Galway Harbour Act, 1860, the Galway Harbour (Composition of Debt) Act, 1867, and the Galway Harbour Order 1903.

Commencement.

2.—This Order shall come into operation upon the day when the Act confirming this Order is passed, and that day is in this Order referred to as the commencement of this Order.

Interpretation.

3.—In this Order the following words and expressions shall, unless the context otherwise requires, have the following meanings, that is to say:—

“the Minister” means the Minister for Industry and Commerce.

“the Commissioners” means the Galway Harbour Commissioners.

“tender” means a vessel, apparatus and equipment for the conveyance of passengers, goods, passengers' luggage, mails and other things and matters between the quays and docks of Galway Harbour and ocean-going vessels.

“the existing Acts and Order” means the Galway Harbour and Port Act, 1853, the Galway Harbour and Port Act (1853) Amendment Act, the Galway Harbour Act, 1860, the Galway Harbour (Composition of Debt) Act, 1867, and the Galway Harbour Order, 1903.

“the harbour revenue” means and includes the rates, charges, tolls, dues, rents and other moneys and receipts which the Commissioners are authorised to take or receive under the existing Acts and Order by way of income.

Commissioners may provide and work tenders.

4.—The Commissioners may from time to time provide, purchase or hire, repair and maintain, a tender or tenders, and may use and work the same for the conveyance within Galway Bay of passengers, goods, passengers' luggage, mails and other matters and things between the quays and docks of Galway Harbour and ocean-going vessels, and may from time to time employ such persons as may be necessary for such purposes.

Commissioners may levy rates for services of tenders.

5.—(1) The Commissioners may levy, demand and take such rates and charges in respect of the services of the tender or tenders as they may from time to time fix, with the approval in writing of the Minister first had and obtained: Provided that such rates and charges shall at all times be charged equally to all persons in respect of the same description of tender and the same description of services.

• (2) In the application to this Order of the Harbours, Docks, and Piers Clauses Act, 1847, the expression “Post Office Bag of Letters” used in that Act shall mean a mail bag as defined by the Post Office Act, 1908.

Commissioners may hire or sell tenders.

6.—(1) The Commissioners may let on hire any tender or tenders acquired by them under this Order for such purposes and subject to such terms and conditions as they may determine and agree upon with the person or persons hiring the same.

• (2) The Commissioners may sell any tender or tenders acquired by them under this Order.

• (3) The proceeds of the sale by the Commissioners of any tender or tenders shall be applied in such manner as the Commissioners, with the consent in writing of the Minister first had and obtained, may direct.

Agreements for working, etc., of tenders.

7.—(1) The Commissioners may, with the consent in writing of the Minister first had and obtained, enter into and conclude agreements or arrangements with any company or person for the working of any tender or tenders acquired by them under this Order but only to the same extent and for the like purposes as the Commissioners might have themselves worked the tenders under this Order.

• (2) The Commissioners may enter into and conclude agreements or arrangements with any company or person for the repair and maintenance of any tender or tenders acquired by them under this Order.

• (3) All such agreements or arrangements shall be in writing and all such agreements or arrangements for the working of the tender or tenders shall contain a clause providing that the services of the tender or tenders shall be available to all companies, firms or persons requiring them on the same terms and conditions, and that the rates and charges for such services shall at all times be charged equally to all persons in respect of the same tender and the same description of services.

Borrowing powers.

8.—(1) The Commissioners may, with the consent in writing of the Minister first had and obtained, from time to time borrow on mortgage on the security of the harbour revenue a sum not exceeding five thousand pounds.

• (2) Nothing in this Order shall affect the priority of the Mortgages dated 10th May, 1881, and 17th July, 1883, respectively, granted by the Commissioners to the Commissioners of Public Works as security for loans of twenty-eight thousand one hundred pounds and eight thousand two hundred pounds respectively, or any interest or instalments of principal and interest due or to accrue due in respect thereof, or the priority of any other mortgage granted by the Commissioners and in existence at the commencement of this Order or any interest due or to accrue due in respect thereof.

Application of borrowed moneys.

9.—All moneys borrowed by the Commissioners under this Order shall be applied by them towards the provision or purchase of a tender or tenders and the repair and maintenance of the same and not otherwise.

Repayment of borrowed moneys.

10.—The Commissioners shall pay off all moneys borrowed by them under this Order within such a period, upon such terms and conditions and in such a manner as the Minister may direct.

Power to borrow on cash credit.

11.—(1) The Commissioners may, in the exercise of their borrowing powers under this Order and with the consent in writing of the Minister first had and obtained, 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 Saorstát Eireann, 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 Order authorised to borrow or any part thereof and may make and grant mortgages as aforesaid on the security of the harbour revenue 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.

• (2) The provisions of sub-section (2) of section 8 of this Order shall apply to credit taken on a cash account and to mortgages made or granted under this section.

Protection of lenders.

12.—Any person advancing money to the Commissioners shall not be bound to require any further or other evidence of the power of the Commissioners to borrow the money advanced by such person other than is afforded:—

• (a) by a certificate signed by the clerk or secretary to the Commissioners and two of the Commissioners that the Commissioners are not exceeding the powers of borrowing conferred on them by this Order and

• (b) by an inspection of the register of mortgages by section 76 of the Commissioners Clauses Act 1847 required to be kept by the Commissioners.

Appointment of a Receiver.

13.—(1) The holders of any security given in respect of money borrowed under this Order may enforce payment of arrears of interest or principal or principal and interest due on their securities by the appointment of a receiver.

• (2) In order to authorise the appointment of a receiver in respect of arrears of interest or principal or principal and interest the amount owing to the mortgagees by whom the application is made shall not be less than five hundred pounds in the whole.

Application of harbour revenue to provision, etc., of tenders.

14.—The Commissioners may apply towards the provision, hire, repair, maintenance, use and working of a tender or tenders in accordance with the provisions of this Order any part of the harbour revenue that may be available for such purposes after compliance with the provisions in respect of revenue contained in the existing Acts and Order.

Accounts to be kept by the Commissioners.

15.—(1) The Commissioners shall keep separate accounts relating to the purchase, provision, repair and maintenance, working and hiring of the tender or tenders and such accounts shall be made up to the 31st December in each year and shall be prepared in such form as the Minister may from time to time direct.

• (2) The Commissioners shall within three months after the 31st December in each year or within twenty-one days after the completion of the audit, whichever may be the longer period, send to the Minister two copies of the accounts mentioned in the foregoing sub-section, duly audited by the Auditor appointed under the existing Acts and Order.

• (3) If and whenever the Commissioners fail to send two copies of the accounts to the Minister 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.

• (4) The Commissioners may from time to time dispose of any surplus moneys which may arise from the working or hiring of the tender or tenders in such manner as they, with the consent in writing of the Minister first had and obtained, may determine.

Costs of Order.

16.—All costs, charges and expenses of and incident to the preparing of this Order and otherwise necessarily incurred in reference thereto shall be paid by the Commissioners out of any of their funds.