GALWAY HARBOUR ACT, 1935

63.—Whenever a day which is a material date for any of the purposes of this Act shall happen to be a Sunday or public holiday the following day (not being a Sunday or public holiday) shall be substituted for that day in the construction of this Act, by way of exception from the general provisions of this Act.

64 Power to make bye-laws.

64.—(1) The Board in addition to its power by virtue of this Act to make bye-laws under section 83 of the Harbours, Docks and Piers Clauses Act, 1847, may make bye-laws under its seal for any of the purposes enumerated in the Second Schedule hereto and the provisions as to bye-laws of sections 84, 86 and 87 of the said Act, shall apply, subject to the provisions of this section, to all bye-laws to be made by the Board; but nothing in the said section 86 contained shall be construed to require the Minister to hear orally any application for the confirmation of bye-laws, or to hear any objection thereto orally.

• (2) No bye-laws made by the Board, whether under the said Act or under this section, except such as relate only to the Board or its officers or servants, shall come into operation until they shall have been confirmed under the seal of the Minister, whose confirmation shall be sufficient for all purposes.

• (3) All bye-laws made by the Board shall be printed and the Secretary of the Board shall deliver a print to every person applying for the same and it shall be his duty at all times to keep the bye-laws in force plainly exhibited in the principal office of the Board and at some conspicuous place on the quays of the Harbour.

• (4) The Board may in its discretion revoke any bye-laws, but subject to the approval of the Minister confirmed under his seal in the case of any bye-law which does not relate only to the Board or its officers or servants.

• (5) The Board may from time to time make Standing Orders under its seal, not inconsistent with the provisions of this Act, for the regulation of its own procedure.

65 Prosecutions and civil actions in District Court.

65.—Notwithstanding anything contained in any other Act, all offences against this Act or against any Act incorporated with this Act or against any bye-law of the Board for the time being in force, including bye-laws continued under this Act, and all fines, penalties, forfeitures, costs, damages, and expenses imposed or recoverable by or under this Act or any such incorporated Act or any such bye-law may be prosecuted by and in the name of the Board and may be recovered in the District Court: Provided that all damages, costs and expenses, except such as are recoverable, along with a penalty, may be recovered in the District Court as civil debts.

66 Prosecutions for nuisance.

66.—The Board is hereby empowered, without prejudice to its other powers, in any case which can under this Act or otherwise by law be prosecuted by the Board to direct prosecutions in respect of offences done, committed, made or continued in or upon the public river, waters, or streams of the Harbour, or in or upon the quays, wharves, roads, approaches, piers, embankments, reclamations, lands or works adjoining thereto or therein, or for any injury occasioned to the navigation of the said river, waters or streams, and that whether such injury shall be attributable to any act done within the limits of the Harbour or not; and to recover any penalty, forfeiture, costs, damages and expenses incurred under the provisions of this Act or of the Acts incorporated with this Act or under any bye-law of the Board for the time being in force (including bye-laws continued under this Act) and to defray the costs of any such proceedings out of the Harbour revenue.

67 Penalty for obstructing execution of this Act.

67.—If any person shall at any time obstruct, hinder or molest the Board or any of its officers or servants or any other person whomsoever employed by virtue of this Act in the performance of their duty, he shall be liable on conviction to a penalty not exceeding ten pounds for every such offence.

68 Penalty for obstructing free navigation of Harbour.

68.—If any person shall within the limits of the Harbour cast, deposit, place or lay any material calculated to interfere with, or obstruct, the free navigation of the waters of the Harbour, he shall be liable on conviction to a penalty not exceeding ten pounds for every such offence.

69 Penalty for not having buoy to anchor of vessel.

69.—If the master or commander of any vessel which shall cast anchor within the limits of the Harbour shall not immediately on casting anchor tie or fasten or cause to be tied or fastened a buoy to such anchor in such a manner that the said buoy shall float, and in a conspicuous manner so that it may be plainly and easily seen in what place such anchor has been cast, such master or commander shall be liable on conviction to a penalty not exceeding five pounds and shall for every hour that such anchor shall remain after warning from the Harbour Master or his authorised deputy without such buoy being tied as aforesaid thereto to be liable on conviction to a further penalty not exceeding five pounds: Provided always that the enforcing of the said penalties shall not in any manner affect any remedy which any person or persons shall or may have against such master or commander for any damage or injury which may be done to such person or persons by reason of such neglect as aforesaid.

70 Penalty for not embarking goods.

70.—If and so often as any person lays on any of the roadways, quays or quay walls of the Board any goods or matters for exportation or to be carried coastwise, and does not within twelve hours afterwards put the same on board some vessel, the owner of such goods or matters shall be liable on conviction to a penalty not exceeding twenty shillings, and he shall be liable on conviction to a further penalty not exceeding forty shillings for every day during which such goods or matters or any part thereof shall remain on such roadway, quay or quay wall; and the Board may cause all such goods or matters to be removed and sufficient part thereof to be sold for payment of the expenses of the Board and of any penalties: Provided always that nothing in this section shall apply to goods or matters landed from a vessel on any quay.

71 Penalty for damaging works, quays, etc.

71.—If any person wilfully destroys or injures the works or the walls, quays, piers, jetties or landing places of the Board within the Harbour or any of the sheds, buildings, cranes or other conveniences or equipments which are placed in or upon the same for the use and convenience of shipping or boats, he shall for every such offence be liable on conviction to a penalty not exceeding five pounds.

72 Payment by person convicted of damage.

72.—When any person shall be convicted of doing damage to the works or to walls, quays, piers, jetties or landing-places in the Harbour or to any of the works or conveniences in or upon the same, the Board may either before or after such conviction direct an engineer or other competent authority or authorities to view the damage or injury so done and report what sum of money will be required to make good and repair such damage or injury, and the Board may, in addition to any penalty (if any) inflicted on him, demand from the person so convicted the sum stated in such report, and, in case the same shall not immediately be paid, the amount thereof shall be recoverable from such person as damages.

73 Duty of Board to exhibit lights during construction, etc., of works.

73.—(1) It shall be the duty of the Board during the whole time of constructing, altering or extending any of the works below high-water mark to exhibit and keep burning at its 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 appropriate authority for the time being may from time to time require or approve.

• (2) It shall be the duty of the Board to exhibit and keep burning at the expense of the Board at the outer extremity of every work authorised by this Act (when completed) 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 appropriate authority for the time being may from time to time require or approve.

• (3) If and whenever the Board fails to comply with any of the provisions of this section, the Board shall for each day of such failure be liable to a penalty not exceeding twenty pounds recoverable in the District Court.

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

74.—Notwithstanding anything contained in this Act, any cables, pipes or wires, to be laid or placed by the Board 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.

75 Certain lands reclaimed to belong to the State.

75.—If in the course or by means of the execution of any work authorised by this Act any part of the shores or bed of the Harbour or of the sea beyond the mouth thereof which by Article 11 of the Constitution belongs to Saorstát Eireann shall be inned, gained or reclaimed from the water, the Board shall not have or exercise any right thereon or in respect thereof, but such inning, gaining or reclamation of lands so belonging to Saorstát Eireann shall enure absolutely for the benefit of Saorstát Eireann, and it shall not be lawful for the Board to enter upon or interfere with the lands so inned, gained or reclaimed, save in pursuance of a lease or licence under the provisions of the State Lands Act, 1924, or the Foreshore Act, 1933, or any Act amending or extending the said Acts.

76 Provision against danger to navigation.

76.—If any work or part of any work authorised by this Act is injured or destroyed or falls into decay, the Board 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 appropriate authority for the time being and shall apply to such authority for directions as to the means to be taken, and the Board shall be liable to a penalty not exceeding ten pounds for every month during which the Board shall omit so to apply or refuse or neglect to obey any directions lawfully given in reference to the means to be taken.

77 Duty of Board to keep lifebuoys, etc.

77.—The Board shall at all times keep at the outer extremity of the existing quays and at the outer extremity of the quay wall or other frontage authorised by this Act, and at reasonable distances along such quays and quay wall or other frontage and in accordance with any requirements which may be made by the Minister a sufficient number of lifebuoys and lines in good order and fit and ready for use.

78 Saving rights of persons interested in strand, etc.

78.—Nothing in this Act contained shall in anywise affect any estate, claim, right, title or interest of any person in or to or relating to any of the strand, mudland or other land or ground lying below high water of spring tides within the limits of the Harbour; but the same shall be and remain as if this Act had not been passed, save and except such right, title or interest therein as the Board may acquire therein by purchase or otherwise under the powers herein contained; Provided that no embankment or other work shall be made or erected by any person which would interfere with, damage or impede the works or the navigation of the Harbour.

79 Saving rights of the State.

79.—Nothing in this Act contained shall affect any property, real or personal, vested in Saorstát Eireann or in any Minister thereof, or in any Board or Body exercising any function of government or public administration, or be construed to restrict or prejudice the rights of Saorstát Eireann, or any right, power, privilege or duty vested by law in any Minister or any officer of Saorstát Eireann, and in particular any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Board any right of entry into any such property, nor any estate or interest in any such property: Provided that this section shall not operate to prevent the exercise of such powers by the Board in accordance with this Act if and when such right of entry as aforesaid shall have been obtained by the Board according to law.

80 Consent of Minister to certain works.

80.—(1) Where any of the work authorised by this Act is to be constructed on, over or under tidal land below the 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) When 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 Board 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 Board to the Minister and shall be recoverable by him as a civil debt.

81 Power of Minister to make surveys, etc.

81.—The Minister may at any time at the cost of the Board make a survey and inspection—

• (a) of the intended site of any of the works, or

• (b) of any of the works;

and the amount of any such cost shall be a debt due by the Board to the Minister and shall be recoverable by him as a civil debt.

82 Power of Minister to remove abandoned or decayed works.

82.—Where any of the works constructed on, in, over, through or across any tidal lands or tidal water are abandoned by the Board or allowed by the Board to fall into decay, the Minister may at the cost of the Board—

• (a) remove such work or any part thereof, or

• (b) restore the site thereof to its condition prior to the construction of such work thereon;

and the amount of any such cost as aforesaid shall be a debt due by the Board to the Minister and shall be recoverable by him as a civil debt.

83 For protection of Minister for Posts and Telegraphs.

83.—Nothing in this Act contained shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by 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.

84 Restrictions on displacing persons of working class.

84.—(1) The Board shall not under the powers of this Act purchase or acquire in any local area any house or houses which on the 20th day of December, 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 Board shall have

• (a) obtained the approval of the Minister for Local Government and Public Health to a scheme for providing new dwellings for such number of persons as were residing in such houses on the said 20th day of December or for such number or proportion of such persons as the said Minister shall after inquiry deem necessary having regard to the number of persons on or after that date residing in such houses and working within one mile therefrom and to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses or to the place of employment of such persons and to all the circumstances of the case; and

• (b) given security to the satisfaction of the said Minister for the carrying out of the scheme.

• (2) The approval of the said Minister to any scheme under this section may be given either absolutely or conditionally and after the said Minister has approved of any such scheme he may from time to time approve either absolutely or conditionally of any modifications in the scheme.

• (3) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out, and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced: Provided that the said Minister may dispense with the last-mentioned requirement subject to such conditions (if any) as he may see fit.

• (4) Any provisions of any scheme under this section or any conditions subject to which the said Minister may have approved of any scheme or of any modification of any scheme or subject to which he may have dispensed with the above-mentioned requirement shall be enforceable at the suit of the said Minister by the procedure for the time being in use in the nature of the former writ of mandamus.

• (5) If the Board shall acquire or appropriate any house or houses for the purposes of this Act in contravention of the foregoing provisions or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of the scheme, the Board shall be liable to a penalty of five hundred pounds in respect of every such house; the said penalty shall be recoverable by the said Minister by action in the High Court and shall be carried to and form part of the Central Fund of Saorstát Eireann, provided that the Court may, if it think fit reduce such penalty.

• (6) For the purpose of carrying out any such scheme under this section the Board may appropriate any lands for the time being belonging to the Board or which it may have power to acquire and may purchase such further lands as it may require and for the purpose of any such purchase section 203 of The Public Health (Ireland) Act, 1878 (with the modification that the advertisements mentioned in sub-section (2) of the said section may be published in any month and that the notice mentioned in the said sub-section shall be served in the next succeeding month) and section 68 of the Local Government Act, 1925, as altered by any subsequent enactment, shall be incorporated with this Act and shall apply to the purchase of lands by the Board for the purpose of any scheme under this section in the same manner in all respects as if the Board were a sanitary authority within the meaning of the Public Health (Ireland) Act, 1878, and the scheme were one of the purposes of that Act.

• (7) The Board may on any lands belonging to it or purchased or acquired under this section or any duly confirmed Provisional Order issued in pursuance of this section erect such dwellings for persons of the working class as may be necessary for the purpose of any scheme under this section and may sell, demise or let or otherwise dispose of such dwellings and any lands purchased or acquired as aforesaid and may apply for the purposes of this section to which capital is properly applicable or any of such purposes any moneys which it may be authorised to raise or apply for the general purposes of its undertaking: Provided that all lands on which any buildings have been erected or provided by the Board in pursuance of any scheme under this section shall for a period of twenty-five years from the date of the scheme be appropriated for the purpose of such dwellings and every conveyance, demise, or lease of such lands and buildings shall be endorsed with notice of this enactment: Provided also that the said Minister may at any time dispense with all or any of the requirements of this sub-section subject to such conditions (if any) as he may see fit.

• (8) The said Minister may hold such inquiries as he may think fit for the purposes of his powers and duties under this section and sub-articles (1) and (3) of Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply for the purpose of any such inquiry, as if the Board were a, local authority thereunder.

• (9) The Board shall pay to the said Minister such sum as he shall certify to be the amount of the costs and expenses incurred by him in respect of the application for, preparation, making and confirmation of any Provisional Order under any enactment incorporated with this Act.

• (10) Any houses purchased or acquired by the Board for or in connection with any of the purposes of this Act, whether purchased or acquired in exercise of the powers conferred by this Act or otherwise, and whether before or after the passing of this Act, which may have been occupied by persons of the working class within five years before the passing of this Act, shall for the purposes of this section be deemed to have been acquired under the powers of this Act and to have been occupied on the said 20th day of December by the same number of persons belonging to the working class as were occupying the said houses at the date of their acquisition: Provided that, if the said Minister is unable to ascertain the number of such persons who were then occupying the said houses, the said houses shall be deemed to have been occupied by such number of such persons as in the opinion of the said Minister they might have been sufficient to accommodate.

• (11) For the purposes of this section the expression “local area” means any urban district or any district which was a rural district before the passing of the Local Government Act, 1925; the expression “house” means any house or part of a house occupied as a separate dwelling; and the expression “working class” means mechanics, artisans, labourers, and others working for wages, hawkers, costermongers, 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 sixty shillings a week and the families of any such persons who may be residing with them.

85 Application to vary Act affecting the Board.

85.—(1) Where in the judgment of the Board it is expedient for the Board to apply to the Oireachtas for the repeal, amendment or extension of any Act for the time being relating to or affecting the Board or for any alteration or extension of its powers (including the grant of new powers) or otherwise in respect of any matter for the benefit of the Harbour, the Board may pay the costs and expenses preliminary to and of and incidental to such application out of its funds as part of its working and establishment expenses.

• (2) No expenses shall be incurred as aforesaid save in pursuance of a resolution passed at a meeting of the Board (duly convened by the usual notice) by an absolute majority of the whole number of the Commissioners after ten clear days' special notice by public advertisement of such meeting and of the purpose thereof in two daily newspapers circulating in the County of Galway. No further expenses shall be incurred as aforesaid after the deposit of the Bill in the Private Bill Office unless the propriety of the promotion of the Bill shall have been confirmed by such absolute majority at a further meeting of the Board to be held in pursuance of a similar notice not less than fourteen days after the deposit of the Bill in the Private Bill Office.

86 Saving for general Acts.

86.—Nothing in this Act contained shall exempt the Board or the Harbour or works from the provisions of the Merchant Shipping Act, 1894, or any general Act relating to harbours or dues on shipping or on goods carried in ships now in force or which may be passed during the present or any future session of the Oireachtas, nor from any future revision or alteration under the authority of the Oireachtas of the rates leviable under or by virtue of this Act.

87 Expenses of Act.

87.—The costs, charges and expenses preliminary to and of and incidental to the preparing, applying for, obtaining and passing of this Act and otherwise in relation thereto shall be paid by the existing Galway Harbour Commissioners or the Board out of any moneys for the time being in their hands, to be recouped out of the moneys to be raised under this Act as liabilities incurred in the execution of the works.

FIRST SCHEDULE. Superannuation.

the word “service” includes any service with the Galway Harbour Commissioners whether before or after the reconstitution effected by this Act;

the “annual remuneration and emoluments” of an officer or servant shall be taken to be the average value of his remuneration and emoluments during each completed year of his service in the three years ending on the day on which his employment ends, or, if he has been employed for less than three years, the average value of his remuneration and emoluments during each completed year of his service;

an “annual allowance” to an officer or servant may be calculated at the rate of not more than one-sixtieth of his annual remuneration and emoluments for every completed year of service, but shall not in any case exceed two-thirds of his annual remuneration and emoluments;

a “gratuity” to an officer or servant may be calculated at, but shall not in any case exceed, one-twelfth of his annual remuneration and emoluments for each completed year of service.

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

• (b) has ten years' service and has become incapable of discharging his duties with efficiency by reason of some permanent infirmity of mind or body not caused by his own misconduct.

SECOND SCHEDULE. Scope of Further Power to Make Bye-Laws.

Enumeration of purposes of bye-laws:—

• (a) for regulating the management of the Harbour or any part of the Harbour;

• (b) for regulating the management, navigation, speed, berthing or mooring of any vessels using the Harbour;

• (c) for regulating the removal and disposal of ballast brought by vessels entering the Harbour and the supply of ballast to vessels in the Harbour and for preventing ballast from being thrown or allowed to fall overboard;

• (d) for securing that quays or wharves upon which goods are usually landed shall be used only for the business of the Harbour;

• (e) for ensuring the safety of the Harbour and of vessels, persons and property therein;

• (f) for appropriating any parts of the Harbour to particular purposes;

• (g) for regulating the times and places for the payment of rates and the manner of payment;

• (h) for regulating admission and the times of admission to the Harbour of passengers and of persons shipping or unshipping goods and of seamen and of other persons and the times during which they may remain within the Harbour;

• (i) for prohibiting persons from loitering or playing within the Harbour;

• (j) for preventing or restricting the sale of goods within the Harbour;

• (k) for regulating live stock within the Harbour and the admission of live stock thereto;

• (l) for regulating the admission of vehicles to the Harbour and for the control of vehicles within the Harbour;

• (m) for preventing or regulating smoking within the Harbour; and

• (n) for regulating with the consent of the Revenue Commissioners the days and hours during which the gates, entrances and outlets to the Harbour, and the gates and doors of any warehouses, wharves, vaults, and buildings within the Harbour where goods liable to Customs examination or Customs duties are deposited, shall be opened and remain open and shall be shut and locked.