GALWAY HARBOUR ACT, 1935

AN ACT TO RECONSTITUTE THE GALWAY HARBOUR COMMISSIONERS ON A MORE REPRESENTATIVE BASIS AND TO CONTINUE THEIR INCORPORATION AND TO CONFER POWERS ON THEM (INCLUDING BORROWING POWERS) FOR THE CARE AND PRESERVATION, IMPROVEMENT AND DEVELOPMENT OF THE PORT AND HARBOUR OF GALWAY, AND TO PROVIDE FOR THE EXECUTION THEREIN OF CERTAIN WORKS, AND TO PROVIDE FOR SPECIAL CONTRIBUTIONS FROM AND THE MAKING OF CERTAIN RATES BY THE COUNTY COUNCIL OF THE COUNTY OF GALWAY AND THE GALWAY URBAN DISTRICT COUNCIL, AND FOR OTHER PURPOSES CONNECTED WITH THE FOREGOING MATTERS. [26th July, 1935.]

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I. Preliminary.

1 Short title.

1.—This Act may be cited as the Galway Harbour Act, 1935.

2 Interpretation.

2.—In this Act, (unless the context otherwise requires)—the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Board” means the corporation known as “the Galway Harbour Commissioners” as reconstituted under this Act;

the expression “Commissioner” means a Commissioner or member of the corporation known as “the Galway Harbour Commissioners”;

the expression “the County Council” means the County Council of the County of Galway;

the expression “the Urban District Council” means the Galway Urban District Council;

the expression “the Chamber of Commerce” means the Royal Galway Institution and Chamber of Commerce;

the expression “the Act of 1853” means the Galway Harbour and Port Act, 1853;

the expression “the Act of 1860” means the Galway Harbour Act, 1860;

the expression “the Harbour” means and includes the Port and Harbour of Galway and all the waters with the bed and foreshore thereof lying within an imaginary line drawn from Barna Cliff to Kilcolgan Point (both on Galway Bay) and any adjoining lands, banks, inlets, havens, and landing places vested in the Galway Harbour Commissioners and the docks, piers jetties, quays and other works vested in or within the jurisdiction of the said Commissioners and shall comprise the works executed under the authority of this Act, but so that this Act shall not be construed to alter the present limits of the Port and Harbour of Galway for the jurisdiction of the said Commissioners with respect to pilotage;

the words “vessel” and “ship” include ship, boat, lighter, and craft of every kind and whether navigated or propelled by steam or otherwise, and seaplanes, hydroplanes, and similar craft;

the word “works” means the works authorised by sections 36 and 37 of this Act, and the expression “the execution of the works” shall refer to so much of the works as shall from time to time be undertaken by the Board;

the word “prescribed” means prescribed by the Minister;

the word “rates” means and includes all rates, dues, tolls, and other charges leviable by the Board, whether in respect of vessels, goods or otherwise;

the expression “the Harbour revenue” means and includes the rates and any other moneys or receipts which may be taken or received by the Board by way of income under the provisions of this or any other Act or Order, but does not include any money received as a contribution from the County Council or Urban District Council under Part IV of this Act;

the expression “the appointed day” means such day as the Minister shall by order under his seal fix as the date upon which the Board shall be constituted being a date not less than six months after the passing of this Act;

the expression “local authority” means a local authority as defined by section 1 of the Local Government Act, 1925; and

the expression “any Act” includes British Statutes as well as Acts of the Oireachtas.

3 Incorporation of Acts.

3.—Subject to the specific provisions as to particular enactments made in other sections of this Act, the following enactments, so far as they are not inconsistent with this Act, shall, as adapted by the law of Saorstát Eireann, be incorporated with this Act;

• (a) the provisions of the Harbours, Docks and Piers Clauses Act, 1847, as to:—

Construction of harbour, dock or pier, except so much of sections 8 and 9 as relates to clerks of unions, and with the substitution for the Lands Clauses Consolidation Act, 1845, of the Acquisition of Land (Assessment of Compensation) Act, 1919, in so much of section 6 as relates to the matters dealt with in the last named Act;

Accommodation for Custom House officers;

Tide gauge, etc.;

Warehouses and cranes, so that the word “quays” in section 24 shall mean quays constructed after the passing of this Act;

Rates, except sections 25 and 26;

Collection of rates;

Account of rates, except section 50;

Harbour, dock and pier master, with the addition to section 52 (powers of harbour master) of a power to give directions

• (i) for regulating the speed of any vessel in the Harbour;

• (ii) for regulating the order in which vessels entering the Harbour at short intervals of one another and using the same berth shall discharge; and

• (iii) for preventing mischief to any vessel or to the Harbour or to any property of the Board;

Discharge of cargoes and removal of goods;

Protection of the harbour, dock and pier;

Lighthouses, beacons and buoys;

Harbour and dock police;

Meters and weighers;

Bye-laws, except sections 85, 88 and 90; and

Access to special Act;

with the appropriate definitions for the construction of the said provisions, but so that the expression “the harbour, dock or pier” shall include the Harbour as defined by this Act, and that the word “goods” shall include live stock, minerals and merchandise of all descriptions;

• (b) the provisions of the Commissioners Clauses Act, 1847, as to:—

Meetings of Commissioners, except sections 36, 46, and 54, and so that the references to the appointment of Commissioners in section 52 shall include nomination by the Minister;

Contracts, with the substitution in section 57 of “two hundred and fifty pounds” for “one hundred pounds”;

Legal Proceedings, except section 61;

Officers, but, as to section 69 without prejudice to the right of the Board to require moneys received on account of rates to be paid over to the Treasurer of the Board at any time; and the clerk to the Board shall be called the Secretary;

Mortgages, except sections 84 to 87 (both inclusive);

Accounts, except sections 92, 93 and 94 (relating to audit) and with the addition to the provision in section 95 for sending a copy of the annual account in abstract to the County Registrar of a provision for sending further copies to the County Council, the Urban District Council and the Chamber of Commerce;

Notices;

with the appropriate definitions for the construction of the said provisions and the omission of references to the “limits of the Special Act.”

4 Application existing enactments.

4.—(1) All enactments for the time being in force, which apply to the Harbour of Galway, as defined by section 8 of the Act of 1853 and section 14 of the Act of 1860, or to the Galway Harbour Commissioners, including in particular—

• (a) the Act of 1853 and the Act of 1860, so far as the same are unrepealed,

• (b) the Galway Harbour Order, 1903, except the provision concerning section 50 of the Harbours, Docks and Piers Clauses Act, 1847,

• (c) the Galway Harbour (Temporary Increase of Charges) Order, 1926, so long as it shall remain in force, and

• (d) the Galway Harbour Order, 1930,

shall, subject to the provisions of this Act and so far as they are not inconsistent therewith, apply to the Harbour, as defined by this Act, and continue to apply to the Galway Harbour Commissioners both before and after their reconstitution under this Act.

• (2) The Galway Pilotage Order, 1920, and the Pilotage Bye-laws for the Galway Pilotage District, as confirmed by the Minister on the 2nd day of June, 1930, shall continue to apply to the Galway Harbour Commissioners both before and after their reconstitution under this Act.

• (3) Nothing in this Act contained shall prejudice nor affect the continued operation of the Galway Port Sanitary Order, 1902, as confirmed by the Local Government Board (Ireland) Provisional Orders Confirmation (No. 4) Act, 1902, and adapted by the Galway Port Sanitary Order (Adaptation) Order, 1932.

5 Repeal.

5.—Sections 10, 11, 12, 13, 14, 88 and 96 of the Act of 1853 and sections 37 to 45 (both inclusive) of the Act of 1860 are hereby repealed.

PART II. Reconstitution of the Galway Harbour Commissioners.

6 Purpose of reconstitution.

6.—The Galway Harbour Commissioners shall be reconstituted under this Act to secure the better care and preservation, improvement and development of the Harbour and to be the conservators thereof and otherwise for the purposes of this Act.

7 Reconstitution of the Galway Harbour Commissioners.

7.—On and after the appointed day the Galway Harbour Commissioners who were incorporated by section 15 of the Act of 1853 shall be reconstituted in manner following, that is to say they shall consist of—

• (i) three representatives of the County Council, being members of that body;

• (ii) two representatives of the Urban District Council, being members of that body;

• (iii) two representatives of the Chamber of Commerce, being members of that body; and

• (iv) four persons nominated by the Minister.

8 Incorporation continued.

8.—Notwithstanding anything in this Act contained, the Galway Harbour Commissioners shall continue after the appointed day to be incorporated by the name of “the Galway Harbour Commissioners” and the persons who shall on the appointed day constitute the Board and their successors who shall from time to time thereafter constitute the Board shall by the name of “the Galway Harbour Commissioners” be a body corporate and by that name have and continue to have perpetual succession and a common seal and power to hold and acquire land and by that name may sue and be sued.

9 Continuance in office of Commissioners.

9.—The several persons who are respectively chairman and members of the Galway Harbour Commissioners at the passing of this Act shall be and continue in office until the appointed day with power to supply casual vacancies in accordance with section 19 of the Commissioners Clauses Act, 1847.

10 Retirement of Commissioners.

10.—At 12 o'clock noon on the appointed day the tenure as Commissioners of all the persons theretofore constituting the Galway Harbour Commissioners shall cease, but each of them shall be eligible, if qualified under this Act, to become a Commissioner on that day or subsequently by appointment or nomination under this Act.

11 No person to act as Commissioner in dual capacity.

11.—If any person shall at any time become a Commissioner in more than one capacity, he shall not act as a Commissioner in a dual capacity, but shall forthwith deliver to the Secretary of the Board a notice in writing under his hand, declaring in which capacity he elects to be a Commissioner, and resigning his office as Commissioner in any other capacity; and in case he fails to deliver such notice before the meeting of the Board next after his becoming a Commissioner in more than one capacity, the Board shall determine in which capacity he shall be a Commissioner, and he shall be a Commissioner in that capacity only, and shall be deemed to have resigned his office of Commissioner in any other capacity.

12 Appointment of new Commissioners by local bodies.

12.—The County Council, the Urban District Council and the Chamber of Commerce shall before the appointed day appoint their respective representatives on the Board and every Commissioner so appointed shall, subject to the provisions of this Act, come into office at 12 o'clock noon on the appointed day and continue in office until 12 o'clock noon on the 16th day of October, in the third year after the year in which the appointed day shall fall, provided that he shall so long remain a member of the body by which he was appointed.

13 Future appointments by local bodies.

13.—Within two months before the said 16th day of October and thereafter within two months before the expiration of each successive period of three years the County Council, the Urban District Council and the Chamber of Commerce shall appoint their respective representatives on the Board and every Commissioner so appointed shall, subject to the provisions of this Act, come into office at 12 o'clock noon on the 16th day of October next following and continue in office until 12 o'clock noon on the 16th day of October in the third year following his appointment, provided that he shall so long remain a member of the body by which he was appointed.

14 Notification of appointments.

14.—Appointments of Commissioners by the County Council, the Urban District Council and the Chamber of Commerce shall be notified promptly to the Galway Harbour Commissioners by the County Secretary or the Town Clerk or the Clerk to the Chamber of Commerce, as the case requires by writing under his hand.

15 Commissioners nominated by Minister.

15.—(1) The four Commissioners to be nominated by the Minister shall be such persons as he shall in his discretion by order nominate; the first such nominations shall be made before the appointed day, and subsequent nominations within two months before the 16th day of October, in the third year after the year in which the appointed day shall fall, and so on from time to time within two months before the expiration of each successive period of three years; each of the Commissioners so nominated shall, subject to the provisions of this Act, come into office in the case of such first nominations at 12 o'clock noon on the appointed day and in the case of subsequent nominations under this section at 12 o'clock noon on the 16th day of October next following his nomination and shall continue in office until 12 o'clock noon on the 16th day of October in the third year following the nomination: Provided that the Minister shall have power from time to time and at any time and without assigning any cause by order to revoke any nomination made by him under this Act and by such revocation to determine the tenure of office of the Commissioner whose nomination is thus revoked.

• (2) Every nomination and revocation of nomination of a Commissioner by the Minister shall be notified in writing by the Minister to the Galway Harbour Commissioners.

• (3) The Minister when determining his nomination of Commissioners under this section shall consider whether the persons paying rates on ships and goods in the Harbour are for the time being adequately represented on the Board.

16 Resignation.

16.—A Commissioner appointed or nominated under this Act shall be at liberty at any time by notice in writing to the Board to vacate his office.

17 Declaration of vacancy.

17.—When a member becomes disqualified from being a Commissioner or vacates his office from whatever cause the Board shall forthwith formally declare the office to be vacant.

18 Notice of vacancy.

18.—On a vacancy occurring or being about to occur in the office of a Commissioner the Secretary of the Board shall immediately notify the fact in writing to the body or authority by which the vacancy can be filled.

19 No casual vacancy on filling chair.

19.—The election of a Commissioner to be chairman or vice-chairman of the Board shall not create a casual vacancy.

20 Filling of vacancies.

20.—Any vacancy in the office of Commissioner however caused shall be filled with all convenient speed by the appointment or nomination of a new Commissioner by the body or authority by whom the Commissioner ceasing to hold office was chosen, and the new Commissioner shall, subject to the provisions of this Act, come into office on the day of his appointment or nomination and continue in office during the unexpired portion of the term of office of the Commissioner whom he shall replace.

21 Eligibility of retiring Commissioners.

21.—Any retiring Commissioner or former Commissioner shall, if qualified under this Act, be eligible at any time for appointment or nomination as a Commissioner.

22 Disqualification and qualification.

22.—(1) A person shall be disqualified from being a Commissioner if he—

• (a) is not a citizen of Saorstát Eireann resident in Ireland; or

• (b) holds any paid office under the Board; or

• (c) is concerned in any bargain or contract entered into with the Board or participates in the profits of any such bargain or contract or of any work done under the authority of the Board;

provided that a person shall not be disqualified from being a Commissioner by reason of being interested—

• (i) in the sale or lease of any lands or in any loan of money to the Board or in any contract with the Board for the supply from land of which he is the owner or occupier of materials for work being done by or under authority of the Board; or

• (ii) in any newspaper in which any advertisement relating to the affairs of the Board is inserted or in any printing or advertising contract made with the Board after tender following public advertisement for tenders; or

• (iii) in any bargain or contract made in the course of the ordinary dock or warehousing business of the Board; or

• (iv) in supplying light or power to the Board or its contractors during the progress of the works; or

• (v) in any bargain or contract made between the Board and any company registered under the Companies Acts 1908 to 1917, in his capacity as a director, shareholder, or member of such company; or

• (vi) in any bargain or contract made with any local authority of which he is a member;

or if he—

• (d) is a bankrupt, or if within five years of taking office he was or while in office is adjudicated a bankrupt, or within such five years presented or while in office presents a petition to the Court for the protection of his person or property: Provided that no Commissioner shall be disqualified by an adjudication whereof notice was not or is not published in the Iris Oifigiúil and that the grant of a certificate of conformity or of a certificate operating as a certificate of conformity shall remove any disqualification under this paragraph;

• (e) is convicted either summarily or on indictment of any crime and sentenced without the option of a fine to imprisonment with hard labour or any greater punishment and has not received a free pardon; or

• (f) is an infant.

• (2) A Commissioner shall be qualified to sit as a representative of the County Council, Urban District Council or Chamber of Commerce, on the Board only while he is a member of the body that appointed him.

23 Prohibition of interested vote.

23.—No Commissioner shall at a meeting of the Board or of a Committee vote upon any matter, nor take part in the discussion of any matter, in which he has, directly or indirectly by himself or by a partner, any pecuniary interest and, if he does so vote, his vote shall not be counted.

24 Absence from meetings.

24.—Every Commissioner who for the space of six months at any time after coming into office is absent from all meetings of the Board shall be deemed at the expiration of that period to have resigned his office as a Commissioner, unless such absence shall have been due to some reason approved as satisfactory by the Board by resolution of the Board passed during or within one month after the expiration of that period.

25 Proceedings at meetings.

25.—Proceedings at the meetings of the Board shall be conducted in accordance with the provisions contained in the Commissioners Clauses Act, 1847, so far as they are consistent with the provisions of this Act, and the provisions in section 37 thereof contained with regard to the chairman shall with the necessary modifications apply to the vice-chairman, who, if present, shall act as chairman at any meetings of the Board at which the chairman is not present.

26 Defective appointments.

26.—(1) The powers of the Board may be exercised by a quorum of Commissioners for the time being, although other Commissioners who ought to have been appointed or nominated under this Act may not have been duly appointed or nominated in accordance with this Act.

• (2) In case any appointment or nomination to the Board shall not have been made within the time required by this Act the Minister may, if he shall think fit, sanction an extension of time for such appointment or nomination.

27 First meeting of Board.

27.—The first meeting of the Board shall be held at 12 o'clock noon on the appointed day at the principal office of the Board unless the Minister by Order shall fix some other day, time, or place.

28 Annual meeting.

28.—The annual meeting of the Board shall be held at the principal office of the Board at such day and at such hour as the Board shall fix in the month of April in every year after the year in which the appointed day shall fall, or if in any year the annual audit shall not have been completed by the 31st day of March, within 28 days of the completion of the audit.

29 Chairman and Vice-Chairman.

29.—(1) The election of a chairman and vice-chairman to hold office until the next ensuing annual meeting shall be the first business at the first meeting of the Board and at every annual meeting of the Board.

• (2) At every annual meeting the outgoing chairman, or failing him, the vice-chairman, shall, if then a member of the Board and present and willing to act, be the chairman of the meeting until a chairman shall have been elected in pursuance of this section.

• (3) Whenever the chairman or vice-chairman of the outgoing Board shall not continue to be a Commissioner after any triennial appointment and nomination of Commissioners under this Act, the first business at the first meeting of the newly constituted Board shall be the election of a chairman or vice-chairman to hold office until the next ensuing annual meeting.

30 Travelling expenses of Commissioners.

30.—Every member of the Board residing five miles or more from the principal office of the Board shall be entitled, by way of contribution to his travelling expenses, to be paid, for every meeting of the Board which he shall attend, at the fixed rate of fivepence for every entire mile calculated by the most direct route from his residence to that office, and section 48 of the Commissioners' Clauses Act, 1847, shall in its application to the Board be construed subject to the provisions of this section.

31 Vesting of property.

31.—(1) All the estate, right, title and interest of the Galway Harbour Commissioners in and to all real and personal property which were immediately before the appointed day vested in the Galway Harbour Commissioners shall vest in the Board on the appointed day by virtue of this Act.

• (2) All deeds, conveyances, grants, assurances, assignments, leases, purchases, sales, mortgages, bonds, covenants, agreements, securities and contracts entered into or made, and all liabilities or obligations incurred by the Galway Harbour Commissioners in force or subsisting immediately before the appointed day shall be and remain in full force and effect in every respect against or in favour of the Board, and may be enforced as fully and effectually against or in favour of the Board, on and after the appointed day as the same might have been enforced against or in favour of the Galway Harbour Commissioners if this Act had not been passed.

32 Actions not to abate.

32.—Any action, suit, prosecution or other proceeding begun before the appointed day either by or against the Galway Harbour Commissioners shall not abate nor be discontinued or prejudicially affected by this Act, but shall continue and take effect both in favour of and against the Board in like manner to all intents as if the Galway Harbour Commissioners had always been the Board.

33 Officers to continue in office.

33.—Every person being an officer or servant of the Galway Harbour Commissioners at the appointed day shall hold and enjoy his office or employment with the salary or wages and emoluments thereunto annexed and shall be an officer or servant of the Board until he shall vacate, or be removed from, his office or employment, and he shall have the same rights and privileges and be subject to the same conditions of service, powers of removal, duties, rules, regulations, pains and penalties as if this Act had not been passed: Provided that no surety for any officer or servant shall be released and no fidelity bond shall be impaired by reason of anything in this Act contained.

34 Continuance of right to things in action.

34.—(1) The Board shall for the purposes of this Act be and continue seised and possessed of and entitled to all things in action, claims and demands whatsoever of or to which the Galway Harbour Commissioners were seised, possessed or entitled immediately before the appointed day.

• (2) All rates and other charges, fees, rents, fines, forfeitures penalties, damages and other sums of money on the appointed day due or accruing due to the Galway Harbour Commissioners may be collected and recovered by the Board as if the Galway Harbour Commissioners had always been the Board.

• (3) All books and documents which, if this Act had not been passed, would have been receivable in evidence shall be receivable in evidence as if this Act had not been passed.

• (4) Everything before this Act done, suffered and confirmed, respectively shall be as valid as if this Act had not been passed.

35 Bye-laws.

35.—All bye-laws, rules and regulations made or imposed by or for the Galway Harbour Commissioners shall so far as they are in force on the appointed day and are not inconsistent with the provisions of this Act remain in full force and effect and be enforceable by the Board in like manner and to the like extent as if the Galway Harbour Commissioners had always been the Board until they shall be repealed or amended by the Board.

PART III Authorised Works.

36 Powers to execute harbour works.

36.—Subject to the provisions of this Act the Board may upon the lands shown on the deposited plans and described in the deposited book of reference deepen the approach channel to and remove the rock barrier obstructing the entrance to the Deep Dock (Dun Aengus Dock), construct a pier, complete the existing Deep Dock (Dun Aengus Dock), widen entrance thereof, provide new entrance gates thereto, link together the Commercial Dock and the Deep Dock (Dun Aengus Dock), deepen the Commercial Dock and widen its quays, close the existing entrance to the Commercial Dock in the lines and situations shown on the deposited plans and hereinafter described and execute and do all works and things necessary for or incidental to the execution of the foregoing works (including such diversion of traffic in and such partial closing of the Harbour as may be requisite) and, subject as aforesaid, the Board may for or in connection with the construction or maintenance of the said works, construct, lay down, erect, provide and maintain all necessary or convenient railway sidings, basins, quays, wharves, roads, approaches, buildings, offices, warehouses, jetties, inclined planes, slips, bridges, locks, dams, sluices, drains, culverts, sewers, water pipes, gas pipes, cables, wires, staiths, moorings, cranes, crabs, capstans, anchors, mooring chains, buoys, dolphins, mooring frames, posts, stoops, weighbridges, workshops, lights, lighthouses, rock-breakers, dredging boats, dredgers, tugboats, vessels, machines, works and conveniences in and upon or near the Harbour, quays, wharves and embankments, and may enter upon, take and use such of the lands, roads, approaches, buildings, works and other property described in the deposited book of reference as may be necessary for or in connection with the execution or maintenance of the works, and may purchase compulsorily or otherwise all or any of the lands, buildings, rights of way and other property shown on the deposited plans.

37 Description of works.

37.—The works will be wholly situate in the Parish of St. Nicholas and in the extra-parochial place of the bed and foreshore of Galway Bay adjoining the said Parish of St. Nicholas in the Urban District of Galway in the County of Galway and are:—

WORK No. 1.—The deepening of the approach channel to and the removal of the rock barrier obstructing the entrance to the Deep Dock (Dun Aengus Dock) to a depth of 12 feet below Ordnance datum, and works incidental thereto, measuring 5 furlongs 9 chains 30 links (3,914 feet) in length or thereabouts situate in the Parish of St. Nicholas and in the extra-parochial place of the bed and foreshore of Galway Bay adjoining the said Parish of St. Nicholas and wholly in the Urban District of Galway in the County of Galway commencing as regards its centre line at the South Eastern side of the entrance gates of the Deep Dock (Dun Aengus Dock) and terminating at a point 3,914 feet or thereabouts measured in a South Easterly direction therefrom with a breadth of 65 feet or thereabouts at the said entrance gates of the said Deep Dock (Dun Aengus Dock) with a bottom breadth of 600 feet or thereabouts at the South Eastern end of Work No. 2 and with a bottom breadth of 300 feet or thereabouts at a point 750 feet in a South Easterly direction from the South Eastern end of Work No. 2 and seawards of the said point.

WORK No. 2.—The construction of a pier and works incidental thereto wholly situate in the Parish of St. Nicholas in the Urban District of Galway in the County of Galway 50 feet in breadth for a length of 300 feet at its North Western end and 100 feet in breadth for a length of 50 feet at its South Eastern end and commencing at a point at the centre of the South Eastern Pier head of the Deep Dock (Dun Aengus Dock) and terminating 350 feet or thereabouts in a South Easterly direction from the said point.

WORK No. 3.—The completion of the existing unfinished Deep Dock (Dun Aengus Dock) containing 1 acre 1 rood 31 1/2 perches statute measure or thereabouts and the widening of entrance of Deep Dock (Dun Aengus Dock) and the provision of new entrance gates and works incidental thereto to provide a depth of water of 12 feet below Ordnance datum and wholly situate in the Parish of St. Nicholas in the Urban District of Galway in the County of Galway commencing as regards its centre line at a point 410 feet or thereabouts North West of the South Eastern side of the entrance gates of the Deep Dock (Dun Aengus Dock) and terminating at the North Western end of Work No. 1 and bounded by the existing dock walls and their prolongations at the Western corner of the said Dock.

WORK No. 4.—The linking together of the Commercial Dock and the Deep Dock (Dun Aengus Dock) and the deepening of part of the Commercial Dock so as to obtain an area of 3 acres 2 roods 25 perches statute measure or thereabouts of a depth of 12 feet below Ordnance datum, bounded on the North Western side by the existing Quay as widened to a point measured 450 feet in a North Easterly direction from the Western corner of the said Commercial Dock, and bounded on its North Eastern side by a line drawn parallel to the North Eastern side of the Commercial Dock from the said point to a point on the existing South Eastern Quay of the said Commercial Dock at which point it returns in a South Westerly direction until it meets a prolongation of the line of the existing North Eastern Quay of the Deep Dock (Dun Aengus Dock) from which point it follows the line of the said prolongation to the North corner of the said Deep Dock (Dun Aengus Dock) and bounded on its South Eastern side by a line drawn from the Northern corner of the Deep Dock (Dun Aengus Dock) parallel to the North Western side of the Commercial Dock until it meets the South Western side of the said Dock, and bounded on its South Western side by the existing Quay as widened, and the widening out of part of the North Western Quay of the Commercial Dock for a length of 450 feet measured in a North Easterly direction from the Western corner of the said Dock and the widening out of part of the South Western Quay of the said Dock for a length of 400 feet in a South Easterly direction from the said Western corner of the said Dock and works incidental thereto wholly situate in the Parish of St. Nicholas in the Urban District of Galway in the County of Galway.

WORK No. 5.—The closing of the Commercial Dock entrance and works incidental thereto wholly situate in the Parish of St. Nicholas in the Urban District of Galway in the County of Galway and forming a road access from the South Western Quay of the Deep Dock (Dun Aengus Dock) to the South Western Quay of the Commercial Dock bounded on its North Western side by a line drawn across the South Eastern end of the Commercial Dock and on its North Eastern and South Western sides by the walls of the existing dock entrance and on its South Eastern side by a line parallel to the South Eastern end of the Commercial Dock and 60 feet South East of it.

38 Execution of works and period for completion.

38.—(1) The Board may carry out the works in two stages of which the first stage shall be the execution of Works Nos. 1, 2 and 3 and the second stage shall be the execution of Works Nos. 4 and 5 in the last preceding section mentioned, save to such extent (if at all) as the Minister may sanction modified arrangements: Provided always that the Board may by resolution at any time in its discretion curtail or cut down such first stage in any manner that the Minister may sanction so as to confine such first stage to so much thereof or to such partial or reduced execution thereof as with the expense of matters incidental thereto shall be estimated to cost a sum specified in such resolution and not being less than £200,000 and may on the completion of such first stage as so curtailed or cut down proceed with the execution or partial or reduced execution of Works Nos. 4 and 5 or portion thereof without prejudice to the right at such time as it shall think fit within the period for completion of the works authorised by or under this Act to proceed in its discretion with all or part of any portion of Works Nos. 1, 2 and 3 remaining to be completed.

• (2) It shall be lawful for the Minister upon the application and at the expense of the Board (including in such expense the cost of any inquiry which the Minister may think proper to hold in reference to such application) by order to extend the period of ten years fixed by this Act for the completion of the works by the Board, so that the said period shall not be extended by any such order beyond a maximum period of twenty years from the date of the passing of this Act.

• (3) The Minister shall not make any such order unless he shall be satisfied that the Board was prevented from completing the works by some unforeseen accident or by circumstances (other than the want of sufficient funds) beyond the control of the Board.

• (4) Provided that an order made by the Minister in pursuance of the powers conferred by the foregoing provisions of this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution shall be passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

• (5) Subject to the provisions of this Act, if the works are not completed within ten years from the passing of this Act, or within such further period as the Minister may sanction, then on the expiration of such period of ten years or of such further period as extended by the Minister, the powers by this Act granted to the Board for the execution of the works or in relation to the execution thereof shall cease except as to so much thereof as is then completed, but nothing herein contained shall restrict the Board from maintaining, using, altering, replacing or removing any of the works at any time and from time to time as occasion requires.

39 Lateral and vertical deviations.

39.—In executing the works the Board may, subject to the provisions of this Act, deviate laterally from the lines thereof shown on the deposited plans to any extent within the limits of deviation shown thereon, and vertically from the levels thereof shown on the deposited sections to any extent not exceeding five feet: Provided always that no deviation by this Act authorised shall be made in such manner as to diminish the navigable space of the Harbour to a greater extent than as shown on the deposited plans without the previous consent of the Minister, or otherwise than in such manner as may be expressly authorised by the Minister.

40 Restrictions on blasting.

40.—(1) It is hereby provided for the protection of the salmon fisheries of the River and Lough Corrib and the persons interested therein that nothing in this Act shall be deemed to permit or authorise the Board, for the purpose of executing the works or otherwise, to use any explosive substance or permit or suffer any contractor, servant or agent acting on behalf of the Board to use any such substance within the area of the works in any ground for the time being covered with water or in any water during the months of February, March, April, May, June or July in any year, save and except within or to the northward of an imaginary line drawn from the seaward extremity of the wall or quay dividing the Old Dock from the River Corrib to the seaward extremity of the point of land lying immediately to the northward of the proposed site of Work No. 2 such imaginary line being shown for greater certainty on the plan marked K2A and signed in triplicate by Mr. James M. Dillon, the Chairman of the Joint Committee of Dáil Eireann and Seanad Eireann to which the Bill for this Act was referred, one copy of which has been deposited in the Private Bill office, one copy with the Clerk of the Board of Conservators of Fisheries for the Galway District, and one copy with the Secretary to the Board.

• (2) Whenever it is intended to use any explosive substance within the area of the works in any ground for the time being covered with water or in any water, the Board shall cause not less than three hours' notice of such intention to be given in writing on behalf of the Board to the Clerk of the Board of Conservators of Fisheries for the Galway District or to such person as he may from time to time designate to receive such notices on his behalf.

• (3) Save as aforesaid, it shall be lawful for the Board to use explosive substances as and where the Board may be advised for the purpose of executing the works,

41 Interference with roads.

41.—(1) The Board may cause any such public and private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway-sidings, sewers, drains, pipes, wires and apparatus as shall be in or near the intended situation of the works to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently), as the Board shall think necessary or convenient for making and completing or in connection with the works or any of them, or the operations and conveniences connected therewith, or for any of the purposes of its undertaking; so that the Board do, previously to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by roads, paths, highways, streets, or railway sidings, and good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and good and sufficient alternative wires and other apparatus for such purposes as the wires and apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the public and private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires and apparatus so to be opened, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid:

Provided that before interfering with any public works under the control of a local authority the Board shall give three weeks' previous notice in writing to such local authority of the nature of its intended interference, and that the Board shall exercise its powers in respect of any such works to the reasonable satisfaction of the surveyor of such local authority:

Provided further that the Board shall not be authorised by virtue of this section to interfere with any works under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Minister, who before giving any such consent shall consult the Electricity Supply Board and consider any representations which that Board may make to him.

• (2) In case any dispute or difference shall arise between the Board and any person or body aggrieved by anything done or omitted to be done by the Board in exercise of its powers under this section every such dispute or difference shall be referred with full power to award costs to the final decision of two arbitrators, one chosen by each party, and, if they disagree, of an umpire chosen by them before they sit, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

42 Power to enlarge or improve quays, and to construct new quays, docks, etc.

42.—The Board may in its discretion, subject to the provisions of this Act, from time to time extend, enlarge, alter or improve any building, erection, quay, wharf, pier, jetty, entrances, gates or landing place, and may construct, make and maintain within the limits of the Harbour such docks, graving docks, and such new quays, wharves, piers, jetties, buildings, erections, landing places, roads, approaches, entrances, gates, and other works as the Board may consider necessary for the public convenience, and from time to time extend, enlarge, alter or improve the same: provided always that the Board shall not exercise its powers under this section unless the plans for the work to be undertaken shall have been submitted to and approved by the Minister, save only in the case of any small contract which the Board is authorised by law to make without inviting tenders.

43 Acquisition of lands.

43.—(1) In addition to the lands already acquired and held by the Board, or to be acquired by the Board under the powers of this Act, the Board may by agreement, purchase for extraordinary purposes in connection with its undertaking any quantity of land not exceeding fifty acres.

• (2) The powers of the Board for the compulsory acquisition of lands for the purposes of this Act shall not be exercisable after the expiration of ten years from the passing of this Act.

44 Power to enter upon, use and occupy roads and lands for temporary purposes.

44.—(1) It shall be lawful for the Board at any time before the expiration of the period of years authorised for the completion of the works to enter upon any roads or lands shown on the deposited plans and described in the deposited book of reference, and to occupy such roads temporarily during the progress of the works and to use such lands for any of the following purposes, that is to say:—

• (a) for the purpose of taking earth or soil therefrom;

• (b) for the purpose of depositing soil thereon;

• (c) for the purpose of obtaining material therefrom for the construction or repair of embankments and other works; and

• (d) for the purpose of forming roads thereon to or from or by the side of the said embankments and other works; and to or from any quarry on such lands.

• (2) So much of the Railways Clauses Consolidation Act, 1845, except section 42 thereof, as relates to the temporary occupation of lands shall apply as if the expressions “the railway” and “the Company” in the said Act referred to the works and to the Board, and the said roads and lands shall for the purposes of the said Act be deemed to be within the prescribed limits.

PART IV Financial Provisions.

45 Application of revenue.

45.—The Harbour revenue shall be applied by the Board for the following purposes and in the order following and not otherwise:—

• (1) In payment of the working and establishment expenses of the Board and of the expenses properly chargeable to revenue of the maintenance, cleaning, repair, improvement and management of the Harbour and all things connected therewith;

• (2) in payment of the expenses properly chargeable to revenue of the provision, hire, repair, maintenance, use and working of a tender or tenders and a dredger or dredgers and lifeboat (if any) and other requisite vessels, machines and conveniences;

• (3) in payment of the half-yearly payments to be made to the Commissioners of Public Works in Ireland under this part of this Act;

• (4) in payment of the interest from time to time accruing due on any moneys borrowed in accordance with the provisions of this Act relating to borrowing; and

• (5) in providing the requisite instalments, appropriations or sinking fund payments in respect of moneys so borrowed.

Any surplus, remaining after providing for the purposes aforesaid, shall be applied in such manner as the Board shall determine, but subject to the approval in writing of the Minister: Provided that it shall be lawful for the Board at the end of each year to carry forward such sum as may in the opinion of the Minister be reasonably necessary for meeting current expenses.

46 Board to discharge existing loan.

46.—The sum of £8,627 11s. 11d. being the balance outstanding on the 9th day of November, 1934, of certain loans made to the Galway Harbour Commissioners by the Commissioners of Public Works in Ireland (or so much of the said sum as shall not have been discharged at the date of the passing of this Act) shall continue as against the Board to be a first charge on the property and assets upon which the said sum is now charged and shall be charged in like manner upon the rates payable to the Board under this Act and upon all moneys to be raised by the Board under section 48 of this Act and shall constitute a debt due by the Board to the Commissioners of Public Works in Ireland and shall be liquidated by the Board in half-yearly payments of not less than £200 or such higher sum as the finances of the undertaking shall in any particular financial year permit.

47 Contributions of County Council and Urban District Council.

47.—(1) Subject to the provisions of this section, the County Council and the Urban District Council shall each make to the Board an annual contribution in money (in this section referred to as the County contribution and the Urban contribution respectively) for the local financial year beginning on the first day of April in such calendar year as the Minister by order shall determine and for each succeeding local financial year.

• (2) The County contribution shall not in any local financial year exceed a sum equal to the amount of a rate of fourpence in the pound raised equally over the whole County (including the Urban District) on the rateable value at the beginning of the immediately preceding financial year of the County (including the Urban District) and the Urban contribution shall not in any local financial year exceed a sum equal to the amount of a rate of one shilling in the pound on the rateable value at the beginning of the immediately preceding financial year of the Urban District; and the said respective contributions shall in every local financial year bear the same proportions to each other as the sums so produced bear or would, if raised, bear in the same local financial year; and the rateable value for the purposes of this section shall be the valuation under the Valuation Acts of the hereditaments and tenements rateable to the poor rate in the County (including the Urban District) or in the Urban District as the case may be.

• (3) The County contribution and the Urban contribution respectively—

• (a) shall be raised by means of the poor rate, but as a separate item thereof;

• (b) shall, subject to the provisions of this section, be of such amounts as shall be specified in an annual estimate and demand to be transmitted by the Board to the County Council and Urban District Council in the month of January in each year, setting forth under the seal of the Board the sums required for the next ensuing local financial year; and

• (c) shall be paid to the Board by the County Council and the Urban District Council respectively in two equal half-yearly instalments on the first day of September and the first day of March in each local financial year:

Provided that the rate to be raised for the purpose of the County contribution shall be raised equally over the whole county including the Urban District.

• (4) For the purpose of the first County contribution and the first Urban contribution to be made under this Act the Board shall satisfy the Minister, before he shall make an order under sub-section (1) of this section, that the Board has obtained, or is or will, after the Minister shall have made such order, be in a position, upon the security of the County contributions and the Urban contributions and otherwise, to obtain by way of loan or issue of stock or otherwise a sum of £200,000 (whether to be paid immediately or from time to time as the execution of the works shall progress) to be expended in or towards defraying the cost of and incidental to the execution of the works and is prepared on or before receiving payment of the said County contribution and Urban contribution or of a portion thereof respectively to proceed with the execution of the works.

• (5) The County contribution and the Urban contribution shall continue to be paid so long as the Board remains liable to repay any moneys raised for the execution of the works and matters incidental thereto under the next succeeding section of this Act: Provided that the aggregate total of the moneys so raised shall not in respect of Works Nos. 1, 2 and 3 and matters incidental thereto exceed a sum of £290,000 nor in respect of the whole of the works and matters incidental thereto, a sum of £400,000.

• (6) Every County and Urban contribution shall be applied exclusively in discharging moneys raised for the execution of the works and matters incidental thereto and interest on such moneys to the extent that the Harbour revenue for the time being available under section 45 of this Act for those purposes shall be insufficient for those purposes.

• (7) In case the auditor of the Board's accounts shall certify under his hand that the County and Urban contributions in respect of any local financial year were not wholly required for the purposes in the last foregoing sub-section set forth the excess of such contributions, as certified by the auditor, shall be repaid or allowed to the County Council and Urban District Council in the proportions of their contributions for such local financial year.

• (8) In case the auditor shall certify under his hand that the County and Urban contributions for any local financial year were made upon an underestimate of the sums required by the Board, the amount of the deficiency in such contributions due to such underestimate, as certified by the auditor, shall be a debt due by the County Council and Urban District Council to the Board and shall be discharged by the County Council and Urban District Council in the same proportions and shall be raised in the same manner as if the amount of the deficiency had been included in the annual estimate and demand of the Board from which it was omitted:

Provided that neither the County Council nor the Urban District Council shall be liable in any local financial year to discharge any greater amount of such deficiency than it can pay (after taking into account the amount of the County contribution or Urban contribution, if any, to be made for that year) without exceeding the annual maximum of fourpence and one shilling in the pound respectively authorised for the contributions to be made under this section.

• (9) The County contribution and the Urban contribution shall be excluded in ascertaining any limit imposed by law on the rates that may be levied by the County Council and Urban District Council respectively.

• (10) In case any dispute or difference shall arise between the County and Urban District Councils or either of them and the Board, or between the County Council and the Urban District Council with regard to any matter arising under this section, every such dispute or difference shall be referred with full power to award costs, to the final decision of the Minister, if willing to act, or, if he is unwilling, of two arbitrators, one chosen by each party, and, if they disagree, of an umpire chosen by them before they sit, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

48 Power to borrow.

48.—(1) The Board may, with the consent in writing of the Minister first had and obtained from time to time borrow at interest on the security of the Harbour revenue and the funds and property of the Board and of the County contributions and Urban contributions to be made under this part of this Act such sums as may be required for the execution of the works and matters incidental thereto and may with the like consent and on the like security other than the said County and Urban contributions borrow such sums as may be required for other purposes of this Act.

• (2) Any sums so authorised to be borrowed by the Board may be raised either by mortgage or by the creation of stock or debenture stock: Provided that the total amount raised by the Board for the execution of the works and matters incidental thereto shall not exceed in the whole the sum of £400,000.

49 Regulations as to stock.

49.—(1) Any stock or debenture stock authorised under the last foregoing section shall be created, issued, transferred, dealt with and redeemed in such manner and in accordance with such regulations as the Minister may from time to time prescribe.

• (2) Without prejudice to the generality of the Minister's powers under the last foregoing sub-section such regulations may provide for the discharge of any loan raised by such stock or debenture stock, and, in case of consolidation of debt, for extending or varying the time within which loans are to be discharged, and may provide for the consent of limited owners, and for the application of enactments relating to stamp duties and cheques, and for the disposal of unclaimed dividends or interest, and may apply for the purposes of this section with or without modification any enactments relating to stock or debenture stock issued by a harbour authority or municipal borough in Saorstát Eireann.

50 Appointment of receiver.

50.—(1) Without prejudice to any other powers which he may have by law or by agreement with the Board the holder of any security given in respect of money borrowed under this Act may enforce payment of arrears of interest or principal or principal and interest due on his security by obtaining from the High Court 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 mortgagee by whom the application is made shall not be less than five hundred pounds in the whole.

51 Repayment of borrowed moneys and power to re-borrow.

51.—The Board shall pay off all moneys borrowed with the consent of the Minister under this Act within such periods, upon such terms and conditions and in such manner as the Minister may direct and may with the like consent re-borrow any moneys so paid off upon any security for the time being available. The provisions for securing equal rights to mortgagees and assignees in security, contained in section 75 of the Commissioners' Clauses Act, 1847, shall be restricted to lenders entitled against the Board to no right or priority as between themselves.

52 Power to borrow from bank.

52.—The Board may for temporary purposes from time to time take and obtain at interest on the security of the Harbour revenue and funds and property of the Board or by deposit of title deeds or of other security from any bank or banking company credit on a cash account, to be opened and kept with such bank or banking company according to the usage of bankers in Ireland in the name of the Board or an officer to be appointed by the Board: Provided that of the moneys raised under this section the amount outstanding at any one time shall not in the aggregate exceed £2,000 unless the Board shall first have obtained the consent in writing of the Minister. The provisions as to mortgages contained in the Commissioners Clauses Act 1847 shall not apply to any advances made to the Board under this section.

PART V. Miscellaneous Provisions.

53 The office.

53.—The principal office of the Board shall be situate in the Town of Galway.

54 The seal.

54.—The seal of the Board shall be affixed to any document only in pursuance of a resolution of the Board and in the presence of two Commissioners and of the Secretary (or in his absence of another officer of the Board designated by the Board).

55 Regulation of rates.

55.—It shall be lawful for the Board, until otherwise provided under the Harbours (Regulation of Rates) Act, 1934, to continue to levy and collect rates not exceeding those which the Commissioners were authorised to levy and collect on the day immediately preceding the appointed day and all powers of the Board with reference to rates shall extend to any work constructed under this Act.

56 Accounts and returns.

56.—(1) The Board shall prepare accounts in such form, for such period, and including such particulars as the Minister may from time to time direct.

• (2) The accounts when so prepared as aforesaid 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 Board shall, within three months after the date to which such accounts have been prepared 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 accounts to be kept under this section.

• (4) The Board shall furnish to the Minister such returns, statistics or information relating to the Harbour as he may require.

• (5) If and whenever the Board fails to send two copies of the accounts to the Minister within the period specified in that behalf in this section, or fails to furnish any returns, statistics or information required by the Minister under this section within a reasonable period, the Board shall be liable for every week or part of a week in which it so makes default to a penalty not exceeding twenty pounds recoverable at the suit of the Minister in the District Court.

• (6) So much of sections 89, 90 and 91 of the Commissioners Clauses Act, 1847, as would confer rights on creditors other than mortgagees and so much thereof as would authorise inspection of books and documents by persons other than Commissioners or mortgagees shall not apply.

• (7) An audit shall be deemed to be completed when the auditor, having audited the accounts, shall have appended his signature with the date thereof at the foot of the balance sheet in the books of the Board.

57 Appointment of auditor.

57.—(1) The Minister may by order appoint a fit and proper person (in this Act referred to as the auditor) to examine and audit the accounts of the Board and may by such order fix the amount of the payments to be made by the Board 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 Board to the auditor out of the harbour revenue as part of the expense of the maintenance of the harbour.

• (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.

58 Audit of accounts.

58.—(1) It shall be the duty of the Secretary to the Board on any examination and audit of accounts under this Act to attend before the auditor at the appointed time and place and there to produce and give to the auditor all such books of account, vouchers, receipts and other documents and all such information in his possession as shall be required by the auditor and it shall also be the duty of every Commissioner and every officer and servant (other than the Secretary) of the Board, 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 the accounts of the Board and to disallow and strike out from such accounts all payments, charges and allowances made by any person and charged on the funds of the Board contrary to law or which he deems to be unfounded and to surcharge the same upon the person or persons making or authorising the payment, charge or allowance so disallowed and struck out, and to certify the same to be due from such person.

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

• (4) Any person aggrieved by any such allowance, disallowance or surcharge as aforesaid may within twenty-one days after the completion of the audit (or within fourteen days after the auditor shall have furnished him with a copy of a statement applied for under sub-section (3) of this section) appeal to the Minister, giving notice to the auditor that he has so appealed, and the Minister shall deal with the matter (including the costs of the appeal) as justice may require, and the decision of the Minister on any appeal made to him under this section shall be final, and shall not be subject to appeal to or review by any Court: Provided that, unless the Minister shall otherwise order, the Board shall out of the Harbour revenue repay to the auditor the costs incurred by him in connection with the appeal or so much thereof, if costs are payable by the appellant under the order of the Minister, as shall not be repaid to him by the appellant, and that, unless the Minister shall otherwise order, any costs which may be awarded to the appellant shall be payable out of the Harbour revenue by the Board.

• (5) It shall be lawful for any person aggrieved by any such allowance, disallowance or surcharge as aforesaid who has not availed of the right of appeal to the Minister provided by sub-section (4) of this section to apply to the High Court of Justice for an order in the nature of certiorari to remove into the said Court the said allowance, disallowance or surcharge in such manner as may be provided by the rules of the High Court of Justice, and on the removal of such allowance, disallowance or surcharge the Court shall decide the particular matter of complaint set forth; and, if it appear to the Court that the decision of the auditor was erroneous, the Court shall order such sum of money as may have been improperly allowed, disallowed or surcharged to be paid to the party entitled thereto by the party who ought to repay or discharge the same; and the Court may also direct the costs of the proceedings to be paid by and to such persons as to the Court may seem fit: Provided that unless the Court shall otherwise order the Board shall out of the Harbour revenue repay to the auditor the costs incurred by him in defending the proceedings or so much thereof, if the Court makes an order for costs against the person prosecuting the certiorari, as shall not be repaid to him by that person, and that, unless the Court shall otherwise order, any order for payment of costs to that person shall be directed to the Board (whether it shall be a party to the proceedings or not) to the intent that the Board shall out of the Harbour revenue pay such costs to that person.

• (6) An auditor shall not be deprived of his costs under this section save for oppressive or vexatious conduct in the performance of his duties under this section, nor shall any order be made for payment of costs by an auditor under this section save on the ground of misconduct in the performance of his duties under this section.

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

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

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

• (10) Any costs payable by the Board under this section shall be paid as part of the working and establishment expenses of the Board.

59 Appointment of superintendents, etc.

59.—Without prejudice to the powers of the Board under section 65 of the Commissioners Clauses Act, 1847, the Board may from time to time appoint, employ, suspend and remove as it shall think fit, superintendents, dockmasters, collectors, receivers, masters and watchmen, and also servants of any description, as it may from time to time find necessary.

60 Ancillary powers.

60.—(1) The Board may at all times in such manner and to such extent as the Board shall think expedient take all proper measures for the maintenance, repair, renewal and improvement of the Harbour, and for cleansing, scouring, deepening and dredging the Harbour and the approaches thereto, and may sell or dispose of any sand, gravel and other materials dredged up or removed, subject to such terms and conditions, including payment of royalties (if any) to the Minister, as the Minister may impose.

• (2) The Board may likewise provide, purchase, take on hire, use, let, maintain and dispose of such tenders, dredgers, lifeboats, lighters, tugboats and vessels and such tools, plant, machinery, apparatus, equipment, conveniences, appliances, and other things as it shall deem requisite for the purposes of the Harbour.

• (3) All materials dredged up or removed by the Board may be deposited at sea subject to such directions as the Minister may issue whenever he thinks fit.

• (4) The Board may from time to time with the consent of the Minister make and carry into effect arrangements with any local authority, railway company or other authority, body or person for effectuating any of the purposes of this Act not specially provided for.

61 Salaries and superannuation.

61.—(1) The Board may pay or allow to any of its officers or servants such salaries, allowances and recompenses as the Board may from time to time think reasonable.

• (2) The Board may grant superannuation allowances and gratuities upon the conditions and in the manner set out in the First Schedule hereto and any allowances and gratuities so granted shall be paid as part of the working and establishment expenses of the Board.

62 Meters and weighers.

62.—The Board shall have the appointment of meters and weighers.

63 Date falling on Sunday or public holiday.