LegalizePIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION (No. 2) ACT, 1932
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2013-12-25, Water Services (No. 2) Act 2013
AN ACT TO CONFIRM THE FOYNES HARBOUR ORDER, 1932. [29th October, 1932.]
WHEREAS the Foynes Harbour Order, 1932, 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 SAORSTÁT EIREANN 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 Restrictions on displacing persons of the working classes.
2.—(1) The Foynes Harbour Trustees (in this section referred to as the Trustees) shall not, in exercise of the powers conferred on them by the Order set out in the Schedule to this Act, purchase or acquire in any local area any house or houses which, on the 1st day of January, 1932 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 Trustees shall—
- (a) have obtained the approval of the Minister for Local Government and Public Health (in this section referred to as the Minister) to a scheme (in this section referred to as a new dwellings scheme) for providing new dwellings for the persons residing in such houses, or for such number or proportion of such persons as the Minister shall, after inquiry, deem necessary, having regard to the number of persons residing in the houses liable to be taken, and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of the houses liable to be taken, or to the place of employment of such persons and all the other circumstances of the case, and
- (b) have given security to the satisfaction of the Minister for the carrying out of such new dwellings scheme.
- (2) The approval of the Minister to any new dwellings scheme may be given either absolutely or conditionally, and after the Minister has approved of any such scheme he may from time to time approve either absolutely or conditionally of any modifications in such scheme.
- (3) Every new dwellings scheme shall contain provisions—
- (a) prescribing the time within which it shall be carried out;
- (b) requiring the new dwellings proposed to be provided under such scheme to conform to standards to be approved by the Minister; and
- (c) requiring such new dwellings to be completely fit for occupation before the persons residing in the houses the purchase or acquisition of which necessitated the making of such scheme are displaced.
The Minister may, if he so thinks fit, in the case of any new dwellings scheme, dispense with the insertion in such scheme of the requirements of paragraph (c) of this sub-section, and such dispensation may be granted subject to such conditions as the Minister may think proper in the circumstances.
- (4) Every provision contained in a new dwellings scheme, and every condition subject to which the Minister may have approved of such a scheme, and every modification subject to which the Minister has dispensed with the requirement of paragraph (c) of the foregoing sub-section shall be enforceable by a writ of mandamus to be obtained by the Minister out of the High Court.
- (5) If the Trustees acquire or appropriate any house or houses for the purposes of the said Order in contravention of this section or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of a new dwellings scheme they shall be liable to a penalty of five hundred pounds in respect of every such house and such penalty shall be recoverable by the Minister by action in the High Court.
The High Court may if it so thinks fit in any action brought under this sub-section reduce the penalty imposed by this sub-section.
All moneys recovered by the Minister under this sub-section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
- (6) For the purpose of carrying out a new dwellings scheme the Trustees may appropriate any land for the time being belonging to them or which they have power to acquire.
- (7) For the purpose of carrying out a new dwellings scheme the Trustees may purchase such land as they may require and for the purposes of such purchase sections 202, 203 and 214 of the Public Health (Ireland) Act, 1878 as amended by any subsequent enactment shall be incorporated with the said Order and shall apply to the purchase of land by the Trustees for the purpose of any such scheme in like manner in all respects as if the Trustees were a sanitary authority within the meaning of the Public Health (Ireland) Act, 1878 and such scheme were one of the purposes of that Act.
- (8) The Trustees may erect on any land belonging to them or purchased or acquired by them under the said Order or any Provisional Order made under and by virtue of any enactment hereby incorporated with the said Order such dwellings of the working classes as may be necessary for the purpose of a new dwellings scheme and may sell, demise, let or otherwise dispose of such dwellings and any land purchased or acquired as aforesaid.
- (9) All land on which any buildings have been erected or provided by the Trustees in pursuance of a new dwellings scheme shall for a period of twenty-five years from the date of the approval of such scheme by the Minister be appropriated for the purpose of such buildings and every conveyance, lease or demise of such land made or granted from time to time during the said period shall have endorsed thereon a notice that the land comprised therein is subject to such appropriation.
The Minister may if he so thinks fit, at any time dispense with all or any of the requirements of this sub-section subject to such conditions (if any) as he may prescribe.
- (10) The Trustees may apply for all or any of the purposes of this section (being purposes to which capital is properly applicable) any moneys which they may be authorised to raise or apply for the general purposes of their undertaking.
- (11) The Minister may direct the holding of such inquiries in relation to any new dwellings scheme as he may think necessary and for the purposes of any such inquiry an inspector of the Department of Local Government and Public Health shall in relation to such inquiry have the same powers as if such inquiry were an inquiry directed by the Minister to be held by such inspector under the Public Health (Ireland) Act, 1878, as amended by any subsequent enactment.
- (12) The Trustees shall pay to the Minister a sum, to be fixed by the Minister, in respect of the preparation and issue of a Provisional Order by him under any enactment hereby incorporated with the said Order, and also any expenses in relation to any inquiry held under this section, including the expenses of any witnesses attending such inquiry on the summons of an inspector, and a sum to be fixed by the Minister not exceeding three guineas a day as a fee to such inspector.
- (13) Any house purchased or acquired by the Trustees for or in connection with any of the purposes of a new dwellings scheme 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 conferred by this section and to have been occupied on the said 1st day of January, 1932, by the same number of persons belonging to the working class as were occupying the said houses at the date of their purchase or acquisition.
In the event of the Minister being unable to ascertain the number of such persons occupying such house at the date of such purchase or acquisition, such house shall be deemed to have been at such date occupied by such number of persons as in the opinion of the Minister it might have been sufficient to accommodate.
- (14) In this section—
the expression “local area” means and includes an urban or rural district, a borough or a county borough;
the word “house” means any house or part of a house occupied as a separate dwelling;
the expression “the working class” means mechanics, artisans, labourers and other persons working for wages, hawkers, coster-mongers, 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 of such persons who may be residing with them.
3 Short Title.
3.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation (No. 2) Act, 1932.
SCHEDULE. FOYNES HARBOUR ORDER, 1932.
ORDER FOR EMPOWERING THE FOYNES HARBOUR TRUSTEES TO CONSTRUCT NEW WORKS AT, AND FOR THE MAINTENANCE, REGULATION AND IMPROVEMENT OF, THE HARBOUR, AND FOR OTHER PURPOSES.
PRELIMINARY.
Short Title.
This Order may be cited as the Foynes Harbour Order, 1932.
Commencement.
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.
In this Order the following words and expressions shall, unless the context otherwise requires, have the following meanings, that is to say:—
“the Act of 1885” means the Shannon Act, 1885;
“the Order of 1890” means the Foynes Harbour Order, 1890;
“the previous Acts” means the Act of 1885 and the Order of 1890;
“the existing harbour” means and includes the Pier and Harbour of Foynes, referred to in the Act of 1885 and the Order of 1890, and all alterations, improvements and additions thereto as existing at the commencement of this Order;
“the harbour” means and includes the existing harbour and the lands, works and premises acquired or constructed under the provisions of this Order, and the conveniences connected therewith, and the area below high water-mark, which is by this Order comprised within the limits of the harbour;
“the harbour revenue” means and includes the rates, charges, tolls, dues, rents and other moneys and receipts which may be taken and received by way of income from or in respect of the harbour under the authority of this Order;
“the Minister” means the Minister for Industry and Commerce;
“the Trustees” means the Foynes Harbour Trustees as incorporated by the Order of 1890;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections deposited with reference to this order with the Minister;
“the Harbours Clauses Act, 1847” means the Harbours, Docks and Piers Clauses Act, 1847.
Application of Harbours Clauses Act, 1847.
In the application to this Order of the Harbours Clauses Act, 1847 the “special Act” shall be deemed to be this Order and the previous Acts; and the “harbour, dock or pier” shall be the harbour; and the “undertakers” shall be the Trustees; and the word “rate” shall include any such dues, tolls and charges as are mentioned in this Order.
Incorporation of the Commissioners Clauses Act, 1847.
The Commissioners Clauses Act, 1847 (except sections 6 to 55, sections 84 to 87 and sections 90 to 95 respectively inclusive) so far as not varied by or inconsistent with this Order shall be and the same is hereby incorporated with this Order and shall so far as the nature and circumstances of the case will admit apply to the Trustees collectively and individually.
Construction.
This Order shall be read and construed as one with the previous Acts, and may be cited with the previous Acts.
LIMITS.
Limits of the Harbour.
The limits within which the Trustees shall have authority and within which the powers of the Harbour Master may be exercised, and which shall be deemed to be the limits to which this Order, and the power to levy and collect rates, tolls and charges as authorised by this Order, extend, shall be the existing harbour, together with the works and lands authorised by or acquired under this Order, and the entire area below high water-mark lying between an imaginary line on the east drawn from a point called on the Ordnance Survey Map Durnish Point, in the Townland of Durnish, Parish of Robertstown, Barony of Shanid and County of Limerick, to a point called on the said Map Gammarel Point, in the Townland of Foynes Island, in the same Parish, Barony and County, and an imaginary line on the west drawn from a point 550 feet west north-west of the rock called on the said Map Foynes Rock, in the Townland of Leahy's, in the Parish, Barony and County aforesaid, to a point due north thereof in the said Townland of Foynes Island and Parish, Barony and County aforesaid.
ACQUISITION OF LANDS.
Incorporation of Lands Clauses Acts.
The Lands Clauses Acts (except so much thereof as relates to the purchase and taking of lands otherwise than by agreement and to the entering upon lands by the promoters of the undertaking) are hereby incorporated with this Order, and for the purposes of that incorporation the term “special Act” in those Acts shall mean this Order.
Power to take Lands by agreement.
For the purposes of the works authorised by this Order the Trustees may from time to time by agreement enter on, take and use all or such parts of the lands shown on the deposited plan as they may think requisite for the purposes of those works and of the conveniences connected therewith.
Lands for extraordinary purposes.
The Trustees may (in addition to the lands by the preceding section authorised to be taken by them) by agreement purchase, lease, acquire and hold for the purpose of depositing thereon material dredged from the harbour or for any other extraordinary purpose connected with the undertaking any lands not exceeding in the whole ten acres, but nothing in this section shall exempt the Trustees from any proceedings for nuisance caused or permitted by them on land acquired by them under the powers conferred by this section.
Power to take easements by agreement.
Persons empowered by the Lands Clauses Acts to sell and convey or release lands may, if they think fit, subject to the provisions of those Acts and this Order, grant to the Trustees any easement, right or privilege (not being an easement, right or privilege of water in which other persons than the grantors have an interest) required for the purposes of this Order in, over or affecting any such lands and the provisions of the said Acts with respect to lands and rent-charges, so far as the same are applicable in this behalf, shall extend and apply to such grants and to such easements, rights and privileges as aforesaid respectively.
WORKS AND POWERS.
Power to construct works.
Subject to the provisions of this Order, and subject also to such (if any) alterations in the deposited plan and sections as the Minister may require before completion of the works, the Trustees may on the lands belonging to them or acquired under this Order and in the lines and according to the levels shown on the deposited plan and sections make and maintain the works authorised by this Order.
Description of works.
The works authorised by this Order are:—
Work No. 1.—The taking down and removal of the existing timber extension of the West Pier.
Work No. 2.—An open extension in reinforced concrete of the West Pier, commencing at the termination of the existing West Pier and continuing riverwards in a line therewith for a distance of seventy feet approximately.
Work No. 3.—An open extension in reinforced concrete of the East Jetty, commencing at the termination of the existing Jetty and continuing riverwards in a line therewith for a distance of twenty-five feet approximately.
Work No. 4.—An open quay or wharf in reinforced concrete connecting Works Nos. 2 and 3 and so constructed that the riverward face of the said quay or wharf shall be at a right angle approximately to the line of the west face of the West Pier when so extended as aforesaid and that the said quay or wharf shall form one structure with Works Nos. 2 and 3.
Work No. 5.—The widening of the said East Jetty on the eastern side thereof for a distance of approximately 150 feet from the base of the said East Jetty, for the purpose of improving the angle between the said East Jetty and the Railway Embankment and adding to the said Jetty an area of approximately 3,000 square feet, such work to be a solid construction in earthwork and masonry.
Work No. 6.—The reclamation of a portion of the area of the foreshore of the River Shannon below high water-mark lying between the West Pier and East Jetty.
Power of deviation.
In constructing the works authorised by this Order the Trustees may, with the consent in writing of the Minister, deviate laterally to any extent within the limits of deviation marked on the deposited plan, and may, with the like consent, deviate vertically from the levels of those works as shown on the deposited sections to any extent.
Power to maintain and improve works.
Subject to the provisions of this Order the Trustees may maintain, and from time to time alter, improve and extend the harbour, and may in connection with the harbour construct, alter, improve and renew embankments, excavations, break-waters, landing-places, piers, quays, jetties, slips, wharves, dolphins, floats, stages, custom-houses, sheds, stores, warehouses, slipways, beaches for hauling boats, buoys, moorings, lights, beacons, roads, sewers, drains, watercourses, gas and water pipes, oil pipe lines, oil tanks, apparatus for loading or unloading and transporting oil, electric mains, lighting apparatus, weighing machines, cranes, transporters and other works, buildings and conveniences which may be found necessary or desirable for the accommodation of vessels using the harbour and traffic landed at or embarked from the same and the convenient working and management of the harbour, and may also lay down and maintain on and along the piers, quays and other works forming part of the harbour and the land connected therewith or any part of the same respectively rails, tramways, sidings and turn-tables, and may provide motive power for railways and tramways, and may from time to time take down or remove any portion or portions of the works aforesaid.
Provided however that—
- (i) if at any time the money proposed to be expended for any one purpose of this section other than maintenance exceeds £500 in amount the Trustees shall apply to the Minister for his consent to such expenditure and shall not incur any liability or expend any money for such purpose unless and until such consent has been obtained;
- (ii) a line of rails or tramway constructed or altered under the powers of this Order shall not be used for the public conveyance of passengers unless and until it has been inspected and certified by an officer to be appointed by the Minister to be fit for that use.
For protection of telegraphs.
Nothing in this Order contained shall authorise any interference with any telegraph line of the Minister for Posts and Telegraphs as defined in the Telegraph Acts 1863 to 1928 or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts.
Consent of the Minister to certain works.
17.—(1) Where any of the works authorised by this Order 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, and every such work to be so constructed as aforesaid shall be constructed in accordance with such plans and sections as the Minister may approve and subject to such restrictions (if any) and regulations as the 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, 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, 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 the alteration or extension of such work,
the Minister may at the cost of the Trustees 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 Trustees to the Minister and shall be recoverable by him as a civil debt.
Power to the Minister to make Surveys.
The Minister may at any time at the cost of the Trustees make a survey and inspection—
- (a) of the intended site of any of the works authorised by this Order, or,
- (b) of any of the works authorised by this Order,
and the amount of any such cost shall be a debt due by the Trustees to the Minister and shall be recoverable by him as a civil debt.
Power to the Minister to remove abandoned or decayed works.
19.—(1) Where any of the works authorised by this Order constructed on, in, over, through or across any tidal lands or tidal water is abandoned by the Trustees or allowed by them to fall into decay, the Minister may at the cost of the Trustees—
- (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 Trustees to the Minister and shall be recoverable by him as a civil debt.
Penalty for obstructing works.
Any person who wilfully obstructs any person acting under the authority of the Trustees in setting out the lines of the works authorised by this Order, or who pulls up or removes any poles or stakes driven into the ground for the purpose of setting out the lines of those works shall for every offence be liable to a penalty not exceeding five pounds.
Power to cease in certain events.
21.—(1) If within two years after the commencement of this Order the works authorised by this Order are not substantially commenced, the powers given by this Order for executing those works or otherwise in relation thereto shall cease unless the time for the commencement of those works be extended by the special direction of the Minister.
- (2) If the works authorised by this Order, other than the Works Numbers 5 and 6 hereinbefore described, after having been substantially commenced, are virtually suspended for twelve consecutive months, the powers by this Order given for executing those works or otherwise in relation thereto shall cease, except as to so much of those works as has then been completed, unless those powers are, by the special direction of the Minister, continued and directed to remain in force for any period not exceeding five years from the commencement of this Order.
- (3) In either of the above cases a Certificate from the Minister to the effect that the works have not been substantially commenced or that they have been virtually suspended for twelve consecutive months shall, for the purposes of this Order, be conclusive evidence of the facts stated in such Certificate.
- (4) The works authorised by this Order, save and except the said Works Nos. 5 and 6, shall be completed within five years from the commencement of this Order.
- (5) The Works Nos. 5 and 6 authorised by this Order shall be completed within seven years from the commencement of this Order.
Power to dredge.
22.—(1) The Trustees may dredge, scour, deepen, widen, enlarge, alter, and improve and maintain the harbour and also the entrances, channels and approaches to the harbour to the extent necessary to secure a sufficient waterway and approach to the harbour for vessels using the same: Provided however that if for the purpose of this sub-section the money proposed to be expended within any financial year exceeds £1,000 in amount the Trustees shall apply to the Minister for his consent to such expenditure, and shall not incur any liability in respect of or expend any money upon such purpose unless and until such consent has been obtained.
- (2) All sand, mud, gravel and other materials dredged up or removed for the purposes and to the extent aforesaid, and which are not the property of the State, shall be the property of the Trustees, and they may sell or otherwise dispose of or remove or deposit the same as they may think fit: Provided that no sand, mud, gravel or other material shall be laid down, or deposited in any place below high water mark without the consent in writing of the Minister having been first obtained.
- (3) Nothing in this section contained shall be deemed to authorise the Trustees to sell or otherwise dispose of any sand, mud, gravel or other materials which are the property of the State, but they may remove or deposit the same in manner approved by the Minister.
- (4) All money arising from any sale or other disposition of sand, mud, gravel or other materials under this section, after payment of the expenses connected therewith, shall be applied in the same manner as the harbour revenue under this Order is to be applied.
Power to purchase and hire dredgers and apparatus.
23.—(1) The Trustees may for the purposes of this Order provide, purchase, lease, hire and use such steam or other dredgers, eroders, engines, tugs, lighters, vessels, diving bells, cranes, machinery and apparatus as they think necessary, and may demand and receive such reasonable sums for the use or hire of the same as they may think fit, and all sums received in respect of such use or hire shall be deemed to form part of the harbour revenue.
- (2) The Trustees may from time to time in their discretion sell or dispose of any of the articles and things purchased under this section, and the money realised by any sale thereof shall be deemed to be money received on capital account and be applied to such purpose or purposes and in such manner as the Trustees with the consent of the Minister may determine.
Contracts.
Section 57 of the Commissioners Clauses Act, 1847, with respect to contracts to the amount of one hundred pounds or upwards as incorporated with this Order shall be read and construed as if the words “One hundred pounds” therein contained had been deleted and there had been inserted in lieu thereof the words “Five hundred pounds,” and the said section as so incorporated shall have effect accordingly.
Bye-laws.
25.—(1) No Bye-law which may at any time be made by the Trustees in exercise of the power in that behalf conferred upon them by section 83 of the Harbours Clauses Act, 1847, shall come into operation until it has received the confirmation of the Minister, and that confirmation shall be sufficient for all purposes.
- (2) Section 85 of the Harbours Clauses Act, 1847, shall not be incorporated with this Order.
Appointment of Harbour Master.
From and after the first occurrence of a vacancy in the Office of Harbour Master of the Harbour the provisions of section 4 of the Order of 1890, so far as the same relate to the appointment, dismissal, remuneration and compensation of the Harbour Master shall cease to apply.
RATES.
Power to levy Rates in existing Harbour.
From and after the commencement of this Order the Trustees may, subject and according to the provisions of this Order, demand, recover and receive in respect of vessels, animals, goods, matters and things and services rendered in the existing harbour any sum or sums not exceeding the rates specified in the Schedule to this Order.
Certificate of completion of authorised works.
For the purpose of evidence of the completion of the works authorised by this Order a Certificate under the Seal of the Minister shall be substituted for the Certificate under the hand of the Chairman of the Quarter Sessions under Section 26 of the Harbours Clauses Act, 1847.
Power to levy rates for new works.
When in addition to the Certificate to be granted under section 26 of the Harbours Clauses Act, 1847, a Certificate has been obtained from the Minister that all consents and approvals on the part of the Minister required under this Order or otherwise necessary to the due construction of the works authorised by this Order have been given the Trustees may, subject and according to the provisions of this Order, demand, recover and receive in respect of vessels, animals, goods, matters and things and services rendered at or for the use of works in respect of which the Certificates aforesaid shall have been respectively granted and obtained any sum or sums not exceeding the rates specified in the Schedule to this Order.
Rates may be levied though works not complete.
If it is at any time certified in writing under the hand of an officer to be appointed for the purpose by the Minister, but to be paid by the Trustees, that the works authorised by this Order have been so far completed as to afford accommodation for the shipping and unshipping of goods by means of such works the Trustees may, notwithstanding section 25 of the Harbours Clauses Act, 1847, and although the whole of the works authorised by this Order have not then been completed, demand, recover and receive such of the rates or such proportion of all or any of the rates specified in the Schedule to this Order as shall in the opinion of the Minister be commensurate with the accommodation afforded.
Minister may revise rates.
If at any time it appears to the Minister—
- (a) from an application made to him in writing by the Trustees; or
- (b) from representations made to him in writing by any representative body of traders or any firm or person who in the opinion of the Minister is a proper person for the purpose; or
- (c) for any other reason
that in the circumstances then existing all or any of the rates, dues, tolls or charges specified in the Schedule to this Order should be revised or modified whether by way of increase or decrease or omitted, or that the said Schedule should be extended by the addition thereto of further rates, dues, tolls or charges, the Minister may, notwithstanding any statutory or other limitation existing, if he thinks fit at any time make an Order revising, modifying or omitting all or any of such rates, dues, tolls or charges as aforesaid, or the basis on which such rates, dues, tolls or charges are levied, or extending the said Schedule by the addition thereto of further rates, dues, tolls or charges, and may fix the date as from which such Order shall take effect, and thenceforth such Order shall be observed until the same expires or is revoked or modified by a further Order of the Minister made in pursuance of this section.
Power to confer exemptions and compound.
The Trustees may, with the consent in writing of the Minister first had and obtained, confer, vary or extinguish exemptions from and compound with any person with respect to the payment of rates, dues, tolls or charges authorised by this Order, but so that no undue preference be in any case given to any person over any other person using the harbour or the works under the like circumstances, and that anything done under this Section shall not prejudice the other provisions of this Order.
Rates for Warehouses, etc.
The Trustees may (so far as the rates specified in the Schedule to this Order do not extend) demand and recover such reasonable rates or other consideration as they may determine for the use of any warehouses, sheds, buildings, yards, weighing machines, oil pipe lines, moorings, mooring posts, cranes, buoys, works and conveniences belonging to or provided by the Trustees or in respect of any services rendered by them in connection with the harbour or the works: Provided that no undue preference shall be given to any person in respect of the user or occupation of any warehouses, sheds, buildings, yards, weighing machines, oil pipe lines, moorings, mooring posts, cranes, buoys, works or conveniences aforesaid, and that the same rates, rents or charges shall be made to all persons in respect of the same accommodation, services or conveniences under the same conditions.
Register tonnage of Steam Vessels.
The register tonnage of steam vessels (other than fishing vessels and steam tugs) shall for the purpose of levying tonnage rates under this Order be deemed to be the actual net register tonnage or fifty per cent. of the gross tonnage, whichever is the greater.
Collection of Rates.
35.—(1) The tonnage rates on vessels leviable by the Trustees under this Order shall be payable by the Master or Owner.
- (2) The rates on animals and goods shipped or unshipped or transhipped leviable by the Trustees under this Order shall, save as otherwise provided by this Order or the Schedule thereto, be payable by the Owner of the goods and be a lien thereon.
- (3) The rates, dues, tolls and charges leviable by the Trustees shall at all times be charged equally to all persons in respect of the same class or description of vessels and goods, and shall be payable to the Trustees or to such person as may be duly authorised by the Trustees to receive the same at their Office at Foynes, or at such other place as the Trustees may appoint.
Weight and measurement of packing to be included.
In weighing and measuring goods for ascertaining the rates payable in respect of goods the weight and measurement of the packing shall be included.
Harbour Master may prevent sailing of vessels.
The Harbour Master may prevent the removal or sailing from within the harbour of any vessel in respect of which or of the goods imported or exported therein any rates are payable until evidence shall have been produced to him of the payment of those rates to the Collector of Rates.
Certain fishing vessels under stress of weather exempt from rates.
Fishing vessels belonging to countries with which for the time being treaties exist exempting from dues and port charges those vessels when forced by stress of weather to seek shelter in the ports or on the coasts of Saorstát Eireann, shall when forced by stress of weather to make use of the harbour and not breaking bulk while making use thereof be exempt from rates leviable under this Order.
Exemptions and savings for Government Departments.
Sections 28 and 99 of the Harbours Clauses Act, 1847, as incorporated with this Order shall apply to and for the benefit of any Government Department in the same manner as they apply to and for the benefit of the Government Departments specially named in those sections.
Exemption of lifeboat crew.
All persons going to or returning from any lifeboat or using any apparatus for saving life, and being persons either belonging to the crew of the lifeboat or being persons for the time being actually employed in saving life or in exercising or using the lifeboat or the apparatus for saving life, and all persons brought ashore from any vessel in distress shall at all times have free ingress, passage and egress to, along and from the harbour and the works.
FINANCE.
Power to borrow.
The Trustees may, with the consent in writing of the Minister first had and obtained, from time to time borrow on mortgage or bond such moneys not exceeding in the whole the sum of £100,000 as may be required for the purposes of this Order on the security of the rates, dues, tolls and charges by this Order authorised to be levied.
Form of mortgage and Transfer of Mortgage.
Notwithstanding anything in the Commissioners Clauses Act, 1847 contained a mortgage to be made by the Trustees under this Order may be made in such form and subject to such terms and conditions as the Trustees may with the approval of the Minister agree upon with the lender; and a transfer of any such mortgage may be in any form usual or necessary for effectually transferring the right and interest of the person entitled to such mortgage to the person to whom it is intended to transfer the same.
Priority of Mortgages.
The provisions contained in section 75 of the said Act with respect to the priority of mortgages shall not apply to any mortgage to be made by the Trustees.
Application of moneys borrowed.
All moneys borrowed by the Trustees under this Order shall be applied in or towards the purposes of this Order.
Payment of moneys borrowed.
The Trustees shall pay off all moneys borrowed by them under this Order in the manner following, that is to say:—
- (a) in the case of any moneys advanced to the Trustees out of public funds, within such a period, upon such terms and conditions and in such manner as the Minister, with the approval of the Minister for Finance, may direct; and
- (b) in the case of any other moneys advanced, within such a period, upon such terms and conditions and in such manner as the Minister may direct.
Protection of lenders.
Any person advancing money to the Trustees shall not be bound to require any further or other evidence of the power of the Trustees to borrow the money advanced by such person than such as is afforded :
- (a) by a certificate signed by the Clerk or Secretary to the Trustees and two of the Trustees that the Trustees are not exceeding the powers of borrowing conferred on them by this Order;
- (b) by an inspection of the register of mortgages by section 76 of the Commissioners Clauses Act, 1847, required to be kept by the Trustees.
Saving for priority of existing Mortgages.
Nothing in this Order shall affect the priority of the Mortgage dated 17th June, 1915, granted by the Trustees to the Commissioners of Public Works as security for a loan of £2,000 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 Trustees and in existence at the commencement of this Order or any interest or instalments of principal and interest due or to accrue due in respect thereof.
Proceeds of sale of surplus lands to be treated as Capital.
The proceeds of sale of any surplus lands of the Trustees under the powers of this Order and all other moneys received on capital account, not being borrowed moneys nor moneys received as a grant in aid of the construction of the works by this Order authorised, shall be distinguished as capital in the accounts of the Trustees and shall be applied to such purpose or purposes and in such manner as the Trustees with the consent of the Minister may determine.
Appointment of a Receiver.
—(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 for a Receiver is made shall not be less than one thousand pounds in the whole.
Same person may be Clerk and Treasurer.
Notwithstanding anything in the Commissioners Clauses Act, 1847 contained the same person may be both the Clerk or Secretary and the Treasurer to the Trustees.
Reserve Fund.
The Trustees may at any time and from time to time, with the consent of the Minister, and subject to such conditions as he may think fit to impose—
- (a) Establish a depreciation, contingency, insurance, or other reserve fund.
- (b) Appropriate and set aside to any such fund amounts from income or other sources.
- (c) Invest the moneys lying in any such fund in securities in which trust moneys may be invested, or place same on deposit receipt with any Bank carrying on business in Saorstát Eireann.
- (d) Invest, or place on deposit with any Bank carrying on business in Saorstát Eireann, the interest or dividends derived from any such investments or Bank deposit as and when received, so as to allow of same accumulating in a fund at compound interest, or credit same to the income of the Trustees or otherwise.
- (e) Apply the whole or any portion of any investments or moneys in a fund to the purpose for which such fund was established or to such other purpose as may be determined.
Application of existing surplus moneys.
Any surplus moneys which the Trustees may have accumulated prior to the commencement of this Order shall, notwithstanding anything in the previous Acts, be deemed to have been lawfully accumulated by the Trustees, and the Trustees may at any time and from time to time with the consent of the Minister and subject to such conditions as he may think fit to impose apply the same to such and the like purpose or purposes as they may apply a reserve fund established under the provisions of this Order.
Application of Harbour Revenue.
The revenue received from the rates, dues, tolls and charges authorised by this Order to be levied shall be applicable for the purposes and in the order following and not otherwise:—
- (1) In payment of the expense properly chargeable to revenue of the maintenance, repair, improvement and management of the undertaking and all conveniences connected therewith.
- (2) In payment of interest on and repayment of moneys borrowed in the manner to be directed under Section 45 of this Order relating to payment of moneys borrowed.
- (3) In making such payments (if any) as the Trustees think fit into a depreciation, contingency, insurance or other reserve fund established under the provisions of this Order.
The surplus (if any) after providing for the purposes aforesaid shall be applied by the Trustees in such manner as they shall determine with the approval of the Minister.
Accounts.
54.—(1) The Trustees shall prepare accounts in such form and including such particulars as the Minister may from time to time direct, and shall prepare such accounts in respect of each year ending on the 31st day of March.
- (2) The accounts to be kept under this section shall be open to the inspection of the public at all reasonable hours on payment of a sum of one shilling for every such inspection.
- (3) The Trustees shall within two months after the 31st day of March in each year or within twenty-one days next after the completion of the audit of accounts whichever may be the longer period send to the Minister two copies of the audited accounts to be kept under this section.
- (4) If and whenever the Trustees fail to send two copies of the audited accounts to the Minister 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.
- (5) Section 50 of the Harbours Clauses Act, 1847, shall not be incorporated with this Order.
Appointment of Auditor.
55.—(1) The Minister may by order appoint a fit and proper person (in this Order referred to as the auditor) to examine and audit the accounts of the Trustees and may by such order fix the amount of the payments to be made by the Trustees 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 Trustees to the auditor out of the harbour revenue as part of the expense of the maintenance of the undertaking.
- (3) The Minister 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.
Audit of Accounts.
56.—(1) It shall be the duty of the clerk or secretary to the Trustees 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 every Trustee and every officer and servant (other than the clerk or secretary) of the Trustees 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 Trustees 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 Trustees which are in his opinion contrary to law or exorbitant in amount and to surcharge 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 disallowance or surcharge made by him on such examination and audit state in writing his reasons for such disallowance or surcharge and furnish forthwith a copy of such statement to such aggrieved person.
- (4) Any person aggrieved by any disallowance or surcharge may within twenty-one days after the completion of the audit if a statement of the auditor's reasons for such 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 upon giving notice in writing to the auditor of his intention in that behalf appeal in writing to the Minister who may decide the application according to the merits of the case, and if the Minister find that any disallowance or surcharge was lawfully made but that the subject matter thereof was incurred under such circumstances as to make it fair and equitable that the disallowance or surcharge should be remitted he may direct that the same including if he thinks fit the costs of the appeal shall be remitted either in whole or in part upon payment of the costs (if any) incurred by the auditor in respect of the disallowance or surcharge and the decision of the Minister shall be final.
- (5) Every sum certified by the auditor including the costs incurred by the auditor (if any) to be due from any person shall be paid by such person to the Trustees within fourteen days after the same has been so certified or if a statement of the auditor's reasons is applied for after the date of that statement unless in the meantime notice of intention to appeal is given to the auditor and an appeal is made accordingly to the Minister and in default of payment the auditor for the time being may recover the same together with his costs (including costs between solicitor and client) of the proceedings from whom the same has been certified to be due in any court of competent jurisdiction. If within the said period of fourteen days notice of appeal is duly given to the auditor and an appeal is made to the Minister against the decision of the auditor, then unless the disallowance or surcharge is directed by the Minister to be remitted, the person from whom the disallowance or surcharge has been, certified by the auditor to be due shall pay the sum so certified or the amount thereof that may not have been remitted by the Minister to the Trustees within fourteen days after the date of the decision of the Minister and if such sum is not so paid the auditor for the time being may recover the same together with his costs (including costs between solicitor and client) of the proceedings from the said person in any Court of competent jurisdiction.
LIFE-SAVING APPARATUS.
Provision for life-saving apparatus.
57.—(1) Sections 16 to 19 inclusive of the Harbours Clauses Act, 1847, shall not be incorporated with this Order.
- (2) The Trustees shall, if and whenever required by the Minister, provide at their own expense and to the satisfaction of the Minister, a site near the harbour and build on that site a house or other proper accommodation for a lifeboat apparatus and other life-saving apparatus.
- (3) If the Trustees fail to comply with this section they shall be liable to a penalty not exceeding ten pounds for every month during which the failure continues.
Life-saving apparatus may be attached to works.
All persons for the time being actually employed in connection with the lifeboat or the apparatus for saving life may either permanently or temporarily without payment attach or cause to be attached to any part of the premises and works belonging to the Trustees spars and other apparatus for saving life, and may also either in course of using or of exercising the apparatus for saving life fire rockets over such premises and works.
Duty of Trustees to keep Lifebuoys, etc.
The Trustees 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, along the premises and works belonging to them.
LIGHTS.
Duty of Trustees to exhibit lights during construction, etc., of works.
60.—(1) It shall be the duty of the Trustees during the whole time of constructing, altering or extending any of the works authorised by this Order 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 Trustees to exhibit and keep burning at their own expense at the outer extremity of every work (when completed) authorised by this Order 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 Trustees 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 ten pounds.
Provision against danger to navigation.
If any of the works authorised by this Order or any of the other works or premises belonging to the Trustees is injured or destroyed or falls into decay the Trustees 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 Trustees 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 directions given in reference to the means to be taken.
MISCELLANEOUS.
Meters and Weighers.
The Trustees shall have the appointment of meters and weighers within the limits of the harbour.
To be a local lighthouse authority.
The Trustees shall within the limits of the harbour be a local lighthouse authority for the purposes of the Merchant Shipping Act, 1894.
Expenses of removal of wreck to be recoverable from owner at the time of wreck.
In addition to any other remedy which the Trustees may by law have for the recovery thereof, the expenses of removing any wreck within the limits of the Harbour shall be a debt due to the Trustees by the person, persons or corporation who at the time of the occurrence which caused such vessel to become a wreck was or were the owner or owners of same, and shall be recoverable by the Trustees from such owner or owners accordingly.
Recovery of Penalties.
All penalties under this Order shall be recovered and applied as penalties are recoverable and applicable under the Harbours Clauses Act, 1847.
Officers exempt from rates.
Customs Officers, Officers of the Department of Industry and Commerce and of the Department of Agriculture and members of the Gárda Síochána acting in the exercise of their duty shall at all times have free ingress, passage and egress to, along and from the harbour and the works without payment.
Prohibition of undue preference by officers of the Trustees.
No officer or servant of the Trustees shall give any undue preference, or show any partiality to any person using the harbour, and any such officer or servant giving such preference or showing such partiality shall be liable for every such offence to a penalty not exceeding ten pounds.
Sections 5 to 9 and 11 to 15 of Shannon Act, 1885, to cease to have effect.
From and after the commencement of this Order sections 5 to 9 and sections 11 to 15 (both inclusive) of the Shannon Act, 1885, and section 4 of the Public Works Loans Act, 1906 shall cease to have effect in relation to the harbour, but this provision shall not affect anything done in pursuance of any of the said sections prior to the commencement of this Order and all obligations and liabilities created under the said sections either against or in favour of the Trustees shall be as binding and of as full force and effect in every respect and may be enforced as fully and effectually against or in favour of the Trustees as if this Order had not been made.
Saving rights of the State.
Nothing in this Order 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 creating, constructing, altering or extending any works on any such property as aforesaid, shall not be construed to confer on the Trustees 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 Order by the Trustees of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Trustees.
Cables, pipes or wires under or across tidal waters.
Notwithstanding anything contained in this Order any cables, pipes or wires to be laid or placed by the Trustees 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 may require.
Harbour to be within the County of Limerick.
The harbour shall be deemed to be for all purposes within the Parish of Robertstown, Barony of Shanid and County of Limerick.
Costs of Order.
All costs, charges and expenses of or incident to the preparing and obtaining of this Order or otherwise incurred in relation thereto shall be paid by the Trustees out of any of their funds.
SCHEDULE REFERRED TO IN THE FOREGOING ORDER.
TONNAGE RATES.
| Rates for entering Harbour or coming within limits of the Trustees' Jurisdiction | Rates for entering Harbour or coming within limits of the Trustees' Jurisdiction | |
| Column 1. For first week | Column 2. For any time after first week | |
| I. On Craft trading solely in the River Shannon: | ||
| Open Boats, Turf Boats, and decked vessels under 20 tons burden | 4½ d. per diem. | 4 ½d. per diem. |
| Decked vessels of 20 tons and not exceeding 50 tons register or 50 tons burden when not registered | 1/6 per diem. | 9d. per diem. |
| Vessels of 50 tons register or burden, and under 100 tons register | 3/– per diem. | 1/6 per diem. |
| Vessels of 100 tons register and upwards | 4/6 per diem. | 2/3 per diem. |
| Every Steam Boat trading solely in the River Shannon for every voyage on her arrival within the limits of the Trustees' Jurisdiction | 9/–per diem. | — |
| Every Steam Boat towing vessels in or upon the River Shannon for every vessel towed to or from or within the said limits | 4/6 per diem. | — |
| II. On vessels not trading solely in the River Shannon, but loading or discharging at Foynes cargo for or from any other port in the River Shannon | 4d. per ton register for period of 14 days. | 1 ½d per ton for every subsequent week or part of a week. |
| III. On vessels arriving from or departing to any port (a) in Saorstát Eireann outside the River Shannon or (b) in the United Kingdom of Great Britain and Northern Ireland | 7 ½d per ton register for period of 14 days. | 1 ½d. per ton for every subsequent week or part of a week. |
| IV. On vessels arriving from or departing to any port not situate in either Saorstát Eireann or the United Kingdom of Great Britain and Northern Ireland | 1/- ditto. | 1 ½d. ditto. |
| V. On vessels of categories Numbers III and IV above which load or land or load and land less cargo than their register tonnage : | V. On vessels of categories Numbers III and IV above which load or land or load and land less cargo than their register tonnage : | V. On vessels of categories Numbers III and IV above which load or land or load and land less cargo than their register tonnage : |
| Dues will be charged on the cargo (in tons) loaded or landed or loaded and landed at the appropriate rates set out in III and IV subject to the following minimum dues : | Dues will be charged on the cargo (in tons) loaded or landed or loaded and landed at the appropriate rates set out in III and IV subject to the following minimum dues : | Dues will be charged on the cargo (in tons) loaded or landed or loaded and landed at the appropriate rates set out in III and IV subject to the following minimum dues : |
| --- | --- | --- |
| Vessels of | 100 | tons register |
| ” | 200 | ” |
| ” | 300 | ” |
| ” | 400 | ” |
| ” | 500 | ” |
| VI. Boats and vessels arriving for the purpose of shelter to pay rates per diem or per ton not exceeding those set out in Column 2 : | VI. Boats and vessels arriving for the purpose of shelter to pay rates per diem or per ton not exceeding those set out in Column 2 : | VI. Boats and vessels arriving for the purpose of shelter to pay rates per diem or per ton not exceeding those set out in Column 2 : |
| Vessels may lie at Mooring Buoys by permission of Harbour Master and on payment of 4½d. per ton register per diem. | Vessels may lie at Mooring Buoys by permission of Harbour Master and on payment of 4½d. per ton register per diem. | Vessels may lie at Mooring Buoys by permission of Harbour Master and on payment of 4½d. per ton register per diem. |
GOODS RATES.
RATES TO BE PAID ON GOODS AND MERCHANDISE SHIPPED, UNSHIPPED OR TRANSHIPPED WITHIN THE LIMITS OF THE HARBOUR.
A.—IMPORTS.
| Article | Weight | Rate | Rate |
| A. | s. | d. | |
| Agricultural Machines | each | 0 | 9 |
| Agricultural Tools | dozen | 0 | 6 |
| Ale, Beer, Porter or Vinegar | ton | 1 | 6 |
| Anchors and Chains | ton | 0 | 6 |
| Apples and Pears | ton | 2 | 3 |
| Asses | each | 1 | 6 |
| Asphalt | ton | 1 | 6 |
| Bacon and all Salted Meats | ton | 1 | 6 |
| Bags—empty | ton | 1 | 6 |
| Barrels—See Casks. | |||
| Bicycles | each | 0 | 9 |
| Bran | ton | 1 | 0 |
| Bricks—Common | ton | 0 | 3 |
| Fire | ton | 0 | 9 |
| Tiles | ton | 0 | 6 |
| Butter | ton | 1 | 6 |
| Butterine or Margarine | ton | 1 | 6 |
| Cakes for Cattle Feeding | ton | 0 | 9 |
| Carriages (horse-drawn) | each | 1 | 6 |
| Carts | each | 1 | 6 |
| Casks—empty | each | 0 | 1 |
| Cattle—Cows and Bulls | each | 0 | 6 |
| Two-year-old and over | each | 0 | 6 |
| One-year-old and under two years | each | 0 | 6 |
| Calves under one year | each | 0 | 6 |
| Cement | ton | 0 | 6 |
| Chalk or Plaster of Paris | ton | 0 | 6 |
| Cigarettes—See Tobacco | |||
| Coal | ton | 0 | 4½ |
| Coke | ton | 0 | 4½ |
| Corn—all descriptions of Grain | ton | 0 | 7½ |
| Cranes and Windlasses | each | 1 | 6 |
| Creosote | ton | 0 | 9 |
| Earthenware | ton | 0 | 9 |
| Eggs | ton | 3 | 0 |
| Fireclay | ton | 0 | 4 |
| Fireclay Goods | ton | 0 | 9 |
| Fish | ton | 0 | 9 |
| Flour or Farina | ton | 1 | 0 |
| Fowl | crate | 0 | 9 |
| Furniture—Old | ton | 1 | 0 |
| New | ton | 4 | 6 |
| Vans | each | 9 | 0 |
| Glass | ton | 1 | 6 |
| Grates and Stoves | ton | 1 | 0 |
| Gravel or Sand | ton | 0 | 3 |
| Hams | ton | 1 | 6 |
| Hay | ton | 1 | 6 |
| Hides | ton | 0 | 9 |
| Hogs or Pigs | each | 0 | 3 |
| Hoops—Iron | ton | 0 | 6 |
| Timber | ton | 0 | 9 |
| Horses, Mares, Geldings | each | 3 | 0 |
| Ice | ton | 0 | 3 |
| Iron—Bar, Bolt, Hoop, Sheet | ton | 0 | 6 |
| Plate, Scrap and Castings | ton | 0 | 6 |
| Manufactured | ton | 1 | 0 |
| Pig | ton | 0 | 3 |
| Wrought | ton | 1 | 0 |
| Borings | ton | 0 | 6 |
| Liquor | ton | 1 | 6 |
| Galvanised | ton | 0 | 9 |
| Kainit | ton | 0 | 4½ |
| Lead—Sheet or Pig | ton | 0 | 9 |
| Red, White, or Black | ton | 1 | 6 |
| Shot | ton | 1 | 6 |
| Lemons | ton | 1 | 6 |
| Lime | ton | 0 | 4 ½ |
| Machinery | ton | 1 | 0 |
| Manure—Manufactured | ton | 0 | 4½ |
| Mangles | each | 0 | 9 |
| Margarine | ton | 1 | 6 |
| Matches | ton | 1 | 6 |
| Meals—all descriptions of | ton | 1 | 0 |
| Metal Sheeting | ton | 1 | 0 |
| Mineral Waters | ton | 1 | 6 |
| Motor Cars | each | £10 | 0 |
| Motor Cycles | each | 10 | 0 |
| Mules or Jennets | each | 1 | 6 |
| Nails—Iron | ton | 1 | 0 |
| Oils—Petrol or Motor Spirit | ton | 1 | 6 |
| All others | ton | 0 | 9 |
| Oranges | ton | 1 | 6 |
| Paints or Varnish | ton | 1 | 6 |
| Pianos | each | 3 | 9 |
| Pigs—See Hogs. | |||
| Pitch—Native or Tar | ton | 0 | 9 |
| Pipes—Drainage | ton | 0 | 9 |
| Metal | ton | 1 | 0 |
| Porter | ton | 1 | 6 |
| Potatoes | ton | 0 | 3 |
| Provisions | ton | 1 | 6 |
| Pumps—Iron or Lead | each | 0 | 9 |
| Railway Sleepers—Wood | ton | 0 | 4½ |
| Ranges and Stoves | ton | 1 | 0 |
| Ropes, Cords or Twine—New | ton | 1 | 6 |
| Old | ton | 0 | 9 |
| Sacks, empty, new | ton | 2 | 3 |
| Salt | ton | 0 | 4½ |
| Sand | ton | 0 | 3 |
| Seeds, all kinds | ton | 1 | 0 |
| Sheep or Lambs | each | 0 | 1½ |
| Slates | ton | 0 | 9 |
| Soap | ton | 1 | 6 |
| Spokes and Felloes—Wood | ton | 0 | 4½ |
| Spirits—Brandy, Rum, Whiskey, etc. | ton | 3 | 0 |
| Spirit—Motor | ton | 1 | 6 |
| Steel | ton | 1 | 0 |
| Stoves | ton | 1 | 0 |
| Stones—Broken or Ballast | ton | 0 | 3 |
| Paving or Flag | ton | 0 | 6 |
| Limestone, Rough | ton | 0 | 3 |
| Building Stone | ton | 0 | 6 |
| Cut or Dressed | ton | 0 | 9 |
| Straw | ton | 1 | 6 |
| Sugar—all kinds | ton | 3 | 0 |
| Tar | ton | 0 | 9 |
| Tiles | ton | 0 | 6 |
| Tin—Sheet or Block | ton | 1 | 0 |
| Tobacco | ton | 1 | 6 |
| Turnips or Mangolds | ton | 0 | 3 |
| Turf | ton | 0 | 3 |
| Vinegar | ton | 1 | 6 |
| Varnish | ton | 1 | 6 |
| Wire | ton | 1 | 0 |
| ,, Coarse for Fencing | ton | 1 | 0 |
| Wood—all sorts | ton | 0 | 4½ |
| Wool—all kinds | ton | 2 | 3 |
| Zinc | ton | 0 | 9 |
| Goods not enumerated | ton | 3 | 0 |
B. EXPORTS.
SAME AS RATES ON IMPORTS WITH THE FOLLOWING EXCEPTIONS:
| Article | Weight | Rate | Rate |
| s. | d. | ||
| Coal or Coke | ton | 0 | 3 |
| Oils—Petrol or Motor Spirit | ton | 0 | 9 |
| All others | ton | 0 | 4½ |
REGULATIONS AS TO GOODS RATES.
| No less a sum than one penny to be received in any case. | ||
| Where rates are fixed on a tonnage basis:— | ||
| Any weight not exceeding 5 cwts shall be reckoned as | 5 | cwts. |
| Any weight exceeding 5 cwts. and not exceeding 10 cwts. shall be reckoned as | 10 | ” |
| Any weight exceeding 10 cwts. and not exceeding 15 cwts. shall be reckoned as | 15 | ” |
| Any weight exceeding 15 cwts. and not exceeding 1 ton shall be reckoned as | 1 | ton |
RATES ON DEPOSITS ON THE PIER OR QUAYS .
Goods, etc., not removed from the Pier or Quays within two weeks from the date on which such goods were first deposited thereon will be chargeable with one-half of the Import Rates on such goods, etc., in respect of each week or part of a week during which such goods remain on the pier or quays after the expiration of the period of two weeks as aforesaid.
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