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Dundalk Harbour and Port Act, 1925

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Number 3 Private of 1925.


(Private) DUNDALK HARBOUR AND PORT ACT, 1925.


ARRANGEMENT OF SECTIONS

Section

Preamble.

1.

Repeal of Act of 1855 and Dundalk Harbour Order, 1903.

2.

Lands Clauses Consolidation Act, 1845, and Commissioners Clauses Act, 1847, incorporated.

3.

Harbours, Docks and Piers Clauses Act, 1847, incorporated.

4.

Not incumbent on Commissioners to provide life-boat, etc.

5.

Interpretation of terms.

6.

Certain parts of 8 and 9 Vict., Cap. 20, as to temporary occupation of lands incorporated.

7.

Limits of port.

8.

Act to be carried into execution by Commissioners.

9.

Qualification of Commissioners.

10.

Qualification of electors of Commissioners.

11.

Certified lists of owners of shipping, etc.

12.

No person to have more than one vote.

13.

Place and hours of election.

14.

Commissioner neglecting to act, to cease to be one.

15.

First Commissioners.

16.

Chairman and Vice-Chairman of Dundalk Urban District Council and Chairman of County Council of Louth, respectively, to be Commissioners.

17.

Regulations as to meetings of Commissioners.

18.

Revocation of resolutions.

19.

Commissioners incorporated.

20.

Existing works vested in Commissioners.

21.

Deeds, agreements, contracts, etc., to remain in force, and new Commissioners liable to debts, etc.

22.

Debts to be paid to or by Commissioners.

23.

Arrears of tolls, etc., to be recoverable.

24.

Actions, etc., not to abate.

25.

Rights of action saved.

26.

Repeal not to affect existing rights.

27.

Officers under Act of 1855 to account.

28.

Present officers continued.

29.

Books, etc., to continue evidence.

30.

As to provisions in Statutes for the benefit of former Commissioners.

31.

Commissioners empowered to construct new quay frontage, to reconstruct and enlarge present quays, to reclaim sloblands and construct retaining embankments, and to acquire lands, quays, etc.

32.

Not to take quay of Dundalk and Newry Steam Packet Company, Ltd., without consent.

33.

Commissioners to have right of pre-emption of Steam Packet Quay.

34.

For settlement of price of Steam Packet Quay.

35.

Description of works authorised.

36.

Lateral and vertical deviations.

37.

Period for completion of works.

38.

Roads, sewers, watercourses, etc., may be stopped up, diverted or extended, etc.

39.

Reclaimed lands, embankments, etc., to vest in Commissioners.

40.

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

41.

Period for compulsory purchase of lands.

42.

Lands for extraordinary purposes.

43.

Tonnage rates.

44.

Tolls for use of tug boat.

45.

Mode of ascertaining tonnage.

46.

Rules for levying tonnage rates.

47.

Quayage rates.

48.

Power to commute tonnage and quayage rates in respect of steam trawlers and fishing vessels.

49.

If Dundalk and Newry Steam Packet Company, Ltd., use their quay otherwise than for vessels belonging to or chartered by them, Commissioners may demand quayage rates for the same.

50.

Rates payable on goods as in Schedule "A."

51.

Articles not in Schedule to be rated.

52.

Rates for use of warehouses, docks, buoys, slips, etc.

53.

Rates for use of cranes.

54.

Minister for Industry and Commerce may revise rates.

55.

Power to lay down mooring buoys, etc.

56.

Commissioners may borrow on credit of tolls and other property vested in them.

57.

Investment in loan raised by Commissioners to be trustee security.

58.

Repayment of borrowed money when no time fixed.

59.

Mortgages under Act of 1855 to have priority.

60.

Saving rights of judgment creditors.

61.

Receiver may be appointed to enforce payment of arrears.

62.

Expenses of mortgages may be paid out of general funds.

63.

Sinking fund for payment of money borrowed under this Act.

64.

Application of money borrowed.

65.

Application of revenue.

66.

Money may be borrowed in substitution of same paid off.

67.

Power to borrow on cash credit.

68.

Sinking fund may be applied in repayment of borrowed monies.

69.

When debt paid off, future revenue to be applied in maintaining harbour, etc.

70.

Reserve fund for extraordinary repairs.

71.

Inspection of accounts.

72.

Appointment of auditor.

73.

Audit of accounts of the Commissioners

74.

Limits of authority of harbour master.

75.

Power to appoint meters and weighers.

76.

No jetties, etc., to be erected unless authorised by the Commissioners and by the Minister for Industry and Commerce.

77.

Penalty for not having a buoy to the anchor of vessels.

78.

Penalty on persons obstructing the execution of this Act.

79.

Penalty on persons obstructing free navigation of harbour.

80.

Penalty for not embarking goods.

81.

Penalty for damaging walls, quays, etc.

82.

Commissioners may direct prosecutions for nuisances, etc

83.

Persons convicted of damage shall pay the amount.

84.

Lighters, barges, etc., to be licensed.

85.

Lighters, barges, etc., to be numbered and registered.

86.

Penalty on unlicensed lighters, barges, etc.

87.

Saving of existing bye-laws.

88.

Remedy against vessels.

89.

Power of appeal.

90.

Harbour, etc., not exempt from provisions of general Acts.

91.

Saving rights of Earl of Roden.

92.

For protection of the Dundalk Newry and Greenore Railway Company.

93.

For protection of Alice Gertrude Williamson.

94.

For protection of Sir Samuel Kelly trading as T. & J. Connick & Company.

95.

For protection of B. O'Rourke & Company Limited.

96.

Saying rights of other persons.

97.

Saving rights of the State.

98.

For protection of the Minister for Posts and Telegraphs.

99.

Power to hold lands.

100.

Power to sell North Sloblands as and when reclaimed for purposes of undertaking.

101.

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

102.

Consent of Minister for Industry and Commerce to certain works.

103.

Power to Minister to make surveys, etc.

104.

Power to Minister to remove abandoned or decayed works.

105.

Certain lands reclaimed to belong to the State.

106.

Provision against danger to navigation.

107.

Duty on Commissioners to keep lifebuoys, etc.

108.

Duty on Commissioners to exhibit lights during construction, etc., of works.

109.

Cables, pipes or wires under or across tidal waters.

110.

Restrictions on displacing persons of working class.

111.

Expenses of Act.

112.

Repeal of so much of 30 and 31 Vict., c. 183 and 36 and 37 Vict., c. 174 as is repugnant to transfer of lands from Dundalk Newry and Greenore Railway Company.

113.

Short title.

Schedule “A.”

Schedule “B.”

SAORSTÁT EIREANN


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Number 3 (Private) of 1925.


DUNDALK HARBOUR AND PORT ACT, 1925.


AN ACT TO CONFER POWERS ON THE DUNDALK HARBOUR COMMISSIONERS, FOR THE CONSERVANCY AND IMPROVEMENT OF THE PORT AND HARBOUR OF DUNDALK AND THE NAVIGATION THEREOF, AND FOR THE ACQUISITION OF THE QUAYS OF DUNDALK AND THE CONSTRUCTION OF A NEW QUAY FRONTAGE, AND TO EMPOWER CERTAIN RECLAMATIONS, AND FOR OTHER PURPOSES CONNECTED THEREWITH.

[18th June, 1925.]

WHEREAS by the Local and Personal Act of the 3rd and 4th Victoria Chapter 119 intituled “An Act for regulating, preserving, improving and maintaining the River, Port and Harbour of Dundalk in the County of Louth in Ireland,” certain Commissioners were appointed for effecting the said purposes and also to carry into execution the several powers of the said Act, and were empowered and authorised to levy certain duties and rates in the said Act mentioned and to borrow on the credit of said rates and duties the sum of £120,000:

AND WHEREAS certain sums were borrowed on the security of said rates and duties and other property vested in the Commissioners, and, under the powers of the said recited Act, the Commissioners constructed a sea wall or embankment from the quays at Dundalk along the south side of the river to or near the Soldier's Point and diverted the original course or channel of the said river between the points aforesaid and erected buoys and mooring-posts and straightened and deepened the channel leading to the said quays:

AND WHEREAS by “The Dundalk Harbour and Port Act 1855” (in this Act called “the Act of 1855”) certain Commissioners with others to be thereafter elected in succession as therein mentioned, were appointed and empowered for carrying the Act of 1855 into execution and were authorised and empowered to straighten the course of the river and make a new cut or channel and to construct certain embankments and other works and to levy certain rates and duties therein mentioned and to borrow on the credit of said rates and duties any sum not exceeding the sum of £49,000, and the said recited Act of 3rd and 4th Victoria Cap 119 was repealed:

AND WHEREAS the said Commissioners have borrowed a sum of £35,000 on the security of the said rates and duties and other property vested in the Commissioners, and under the powers of the Act of 1855 have executed certain works but have not made said new cut or channel or constructed the said embankments:

AND WHEREAS the investments in redeemable stocks made by the Commissioners in respect of sinking fund for the purpose of repayment of the said recited sum of £35,000 borrowed under the Act of 1855 are sufficient when matured to fully satisfy the said sum:

AND WHEREAS it is expedient that powers should be granted to the Commissioners from time to time in addition to the monies borrowed under the Act of 1855 to borrow at interest from any person or Corporation who may be willing to advance the same any sum not exceeding the sum of £150,000 on the credit of the several tolls by this Act authorised to be levied and other funds and property vested in the said Commissioners under this Act or any other Act and to secure the repayment of any such monies by assignment of the said tolls, funds and property or any of them as a security to the persons who shall advance or lend such monies or to any trustee for such persons for repayment of the monies so borrowed:

AND WHEREAS the Commissioners were empowered by the Act of 1855 to enter upon and take and use certain lands described in a certain book of reference deposited with the Clerk of the Peace of the County of Louth and also to purchase all or any of the then existing quays and wharves and the inlets connected therewith within the said port and harbour:

AND WHEREAS “The Harbours, Docks and Piers Clauses Act 1847” (except the Sections 25 and 26 thereof with respect to the rates to be taken by the undertakers), so far as the same was not varied by the said Act, was incorporated therewith:

AND WHEREAS under and by virtue of the Act of 1855 and of “The Harbours, Docks and Piers Clauses Act 1847” incorporated therewith the Commissioners have acquired certain lands and premises set out in the Schedule “B” to this Act annexed, but have not acquired any of the quays or wharves or inlets connected therewith so authorised to be purchased by them, save and except a certain inlet or dock numbered 8 in the Schedule “A” of the Act of 1855, and the time limited by said Act for the compulsory purchase thereof has expired:

AND WHEREAS the provisions of the Act of 1855 relating to pilotage were repealed by the 10 and 11 George V. Chapter 104 entitled “Pilotage Orders Confirmation (No. 2) Act 1920”:

AND WHEREAS by Provisional Order of the 3 Edward VII. entitled “Pier and Harbour Provisional Orders (No. 4)” and cited as “The Dundalk Harbour Order 1903” certain alterations in the method of assessing tonnage dues were substituted for the method prescribed by the Act of 1855:

AND WHEREAS the improvement of the Port of Dundalk would be more effectually attained if the works authorised by the Act of 1855, in so far as same have not been carried out, were abandoned and substituted by the works authorised by this Act, and it is expedient that the Commissioners should have additional powers for the conservancy and improvement of the navigation of the river, sea and bay within their jurisdiction, and that further powers for the development and due conservancy of the port and harbour of Dundalk and for the reclamation of sloblands and the construction of the necessary retaining embankments by this Act authorised and for the purchase of quays and other purposes and also for raising the further monies for the purposes aforesaid should be granted, and that some of the powers and provisions of the Act of 1855 should be altered, amended and extended, and that further powers should be given; and that same would be most conveniently effected if the Act of 1855 were repealed (in so far as it has not been already repealed) and some of the provisions thereof re-enacted and additional powers granted and also if the Dundalk Harbour Order 1903 were repealed:

AND WHEREAS a plan and section showing the lines situations and levels of proposed new quays, reclamations, embankments and other works and plans showing the lands which may be taken compulsorily for the purposes or under the powers of this Act and also a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of such lands were duly deposited with the Clerk of the Peace of the county of Louth, and such plans, sections, and book of reference are in this Act respectively referred to as the deposited plans, sections and book of reference:

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas:

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

Repeal of Act of 1855 and Dundalk Harbour Order, 1903.

1.—This Act shall commence and have effect on and from the third Tuesday next after the passing of this Act, and on and from that day the Act of 1855, in so far as not already repealed, and the Dundalk Harbour Order 1903 shall be and the same are hereby repealed.

Lands Clauses Consolidation Act, 1845, and Commissioners Clauses Act, 1847, incorporated.

2.—The Lands Clauses Consolidation Act 1845 and The Commissioners Clauses Act 1847 (except such of the provisions of those Acts as are expressly varied by this Act) shall be incorporated with and form part of this Act, and those Acts shall be construed as if the words “High Court of Justice” or “Supreme Court of Justice” had been used instead of “Superior Courts,” or “Court of Exchequer,” the words “District Justice” instead of “Justices” and “two Justices,” the words “Minister for Industry and Commerce,” instead of “Board of Trade,” and the words “Session of Circuit Court” instead of “Quarter Sessions.”

Harbours, Docks and Piers Clauses Act, 1847, incorporated.

3.—The Harbours, Docks and Piers Clauses Act 1847 (except the sections 25 and 26 thereof with respect to the rates to be taken by the undertakers) shall, so far as the same is not expressly varied by the provisions of this Act, be incorporated with and form part of this Act; and in construing that Act the expression “the harbour, dock or pier” shall mean the port, piers, quays, wharves, reclamations, embankments, roads, approaches, sidings and works by this Act vested in the Commissioners or authorised to be made and maintained by them respectively, or to be acquired by them by virtue of the powers of this Act; the expression “the undertakers” shall mean “the Commissioners” and the expression “the harbour master” shall include, with reference to the harbour, the harbour master by this Act continued in office.

Not incumbent on Commissioners to provide life boat, etc.

4.—Provided that nothing in this Act or in the Harbours, Docks and Piers Clauses Act 1847 contained shall extend or be construed to extend to compel the Commissioners to provide and maintain any life boat or mortar and rockets or crew for the same respectively, or any tide guage or barometer.

Interpretation of terms.

5.—In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith or by the Act of 1855 have the same respective meanings unless there be something in the subject or context repugnant to such construction.

And—

The expression “the Commissioners” means the Dundalk Harbour and Port Commissioners.

The expression “tolls” includes all tolls rates duties and charges payable to the Commissioners whether in respect of ships, goods, river craft or otherwise.

The expression “Quarter Sessions” means the Session of the Circuit Court.

Certain parts of 8 and 9 Vict. c. 20 as to temporary occupation of lands incorporated.

6.—All the sections in the Railway Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof, except section 32 of that Act, shall be incorporated with and form part of this Act; and such clauses shall in connection with this Act be construed as if the word “Commissioners” had been used throughout these clauses instead of the word “Company" and as if the words “quays” “sloblands” or “embankments” had been used instead of the word “railway”.

Limits of port.

7.—The limits of the port and harbour of Dundalk shall, for the purposes of this Act, extend to and include the river, port and harbour of Dundalk within the space covered by water at high water of spring tides between the bridge of Dundalk and an imaginary line drawn straight from the seaward end of Dunany Point in the townland and parish of Dunany in the county of Louth to the seaward end of Cooley Point in the townland of Templetown in the parish of Carlingford in the said County (excepting the area within the limits of the harbour of Annagassan as defined in the Piers and Harbours Orders Confirmation Act (No. 3) of the 2 and 3 George V.); and within those limits it shall be lawful for the Commissioners to deepen, cleanse, scour, dredge, regulate, improve, manage and maintain the said port and harbour and the entrance thereof in such manner and to such extent as they shall deem expedient; and nothing in this Act contained shall extend or be construed to extend to charge any toll for or in respect of any vessel not coming within those limits.

Act to be carried into execution by Commissioners.

8.—The Commissioners and their successors to be appointed and qualified as hereinafter mentioned shall be the Commissioners for executing this Act, and may and shall exercise the several powers by this Act conferred on them.

Qualification of Commissioners.

9.—Every person who at the time of such election—

(a) shall be resident within the urban district of Dundalk or within five miles from the courthouse of the said town as measured in a straight line on the ordnance survey of Ireland; and

(b) shall be in actual occupation of lands or houses rated to the relief of the poor at the net annual valuation of £20 within the said urban district and shall for each of the two years next immediately preceding the date of such election have paid rates due on lands or houses of the net annual value of £20 situate as aforesaid except such as shall have become payable within three months next before the date of such election

shall subject to the provisions of this Act be qualified for election as a Commissioner:

Provided that the premises in respect of the occupation of which any such person shall be qualified as aforesaid in any year shall not be required to be the same premises but may be different premises occupied in immediate succession by him within the said urban district.

Qualification of electors of Commissioners.

10.—The following persons and no others shall be entitled to vote in the election of the Commissioners:-

Firstly: - Every person who at the time of such election shall be in actual occupation of lands or houses rated to the relief of the poor at the net annual valuation of £20 within the urban district and shall for each of the two years next immediately preceding the date of such election have paid rates due on lands or houses of the net annual value of £20 situate as aforesaid except such as shall have become payable within three months next before the date of such election:

Provided that the premises in respect of the occupation of which any such person shall be qualified as aforesaid in any year shall not be required to be the same premises but may be different premises occupied in immediate succession by him within the urban district;

Secondly: - Every person registered at the port of Dundalk as the owner of not less than 100 tons register of shipping belonging to the said port;

Thirdly: - Every person possessed in his own right of not less than the capital sum of £100 in the stock of any shipping company or steam vessel company established at or trading from the port of Dundalk and residing within five miles from the courthouse of Dundalk;

and in the construction of this section the word “person” shall include “limited liability company” “trading company” and “trading partnership”: and any such limited liability company may vote by any director or by its secretary or other officer duly authorised under seal: and any such trading company or trading partnership may vote by one of its members or partners duly authorised in writing.

Certified lists of owners of shipping, etc.

11.—The secretary or other person for the time being performing the duties of secretary of the Commissioners shall on or before the 15th day of January in every year obtain from the customs officer in charge of the register of shipping at the Custom House at Dundalk a certified list of registered shipowners owning 100 tons or upwards of shipping and registered at the port of Dundalk, and from the secretary of every shipping company or steam vessel company established at or trading from the port of Dundalk a certified list of all persons owning not less than the capital sum of £100 in the stock of such company and residing within five miles from the courthouse of Dundalk, both as on the 31st day of December next preceding; and the persons whose names shall appear on said lists shall be the persons entitled respectively to vote as registered shipowners or owners of stock in shipping companies or steam vessel companies at the next succeeding election of Commissioners.

No person to have more than one vote.

12.—No person shall be entitled to more than one vote at any election of Commissioners.

Place and hours of election.

13.—At every election of Commissioners the poll shall be held at the office of the Commissioners and shall remain open from nine o'clock in the forenoon until six o'clock in the afternoon.

Commissioner neglecting to act, to cease to be one.

14.—Every Commissioner who for the space of three months after his appointment or election neglects to make and subscribe the declaration required by the Commissioners Clauses Act 1847 and to act in the execution of this Act, or who for six months is absent from all meetings of the Commissioners, shall be deemed to have refused to act.

First Commissioners.

15.—The number of Commissioners for carrying this Act into execution shall be eighteen; and William Twibill, Thomas Fitzgerald McGahon, Sir Thomas Callan Macardle, Bernard Hamill, Charles P. Glendon, Charles Henry Cooper, James Wynne, Patrick Deery, Patrick O'Connell, James McCourt, Irwin Lockington, Edward J. Williams, Bernard McGuinness, Mathew O'Neill, William Bernard Connolly, and the chairman and vice-chairman for the time being of the Dundalk Urban District Council and the chairman for the time being of the county council of the county of Louth shall be the first Commissioners for carrying this Act into execution and except as regards the chairman and vice-chairman for the time being of the Dundalk Urban District Council and the chairman for the time being of the county council of the county of Louth shall go out of office at the times and in the manner prescribed by the Commissioners Clauses Act 1847 and their successors shall be elected in the manner referred to in the Commissioners Clauses Act 1847 by the electors qualified as herein mentioned.

Chairman and Vice-Chairman of Dundalk Urban District Council and Chairman of County Council of Louth respectively to be Commissioners.

16.—In addition to the Commissioners for the time being nominated by or elected pursuant to and acting in execution of this Act the chairman and vice-chairman for the time being of the Dundalk Urban District Council and the chairman for the time being of the county council of the county of Louth and the successors from time to time of each such chairman and of such vice-chairman of the Dundalk Urban District Council shall be Commissioners to act in execution of this Act and each of them shall continue to be a Commissioner to act in execution of this Act during such time as he remains chairman or vice-chairman respectively of the said urban district council or chairman of the county council respectively. The provisions of section 9 of this Act shall not be applicable to either the chairman or vice-chairman of the Dundalk Urban District Council and their respective successors or to the chairman of the county council of the county of Louth and his successors, during the time that they retain their offices as such chairman and vice-chairman respectively of the Dundalk Urban District Council and chairman of the county council of the county of Louth, and they and each of them shall exercise the same rights and authority as any other of the Commissioners.

Regulations as to meetings of Commissioners.

17.—The Commissioners shall hold their first meeting at the Harbour Office, Quay Street, Dundalk, on the third Tuesday after the passing of this Act at the hour of four o'clock in the afternoon, and shall proceed to put this Act into execution in the manner in the Commissioners Clauses Act 1847 provided, and shall hold their subsequent meetings at such place and at such times as from time to time they shall think fit; and the Commissioners shall hold an annual meeting on the first Thursday in the month of March in each year.

Revocation of resolutions.

18.—No resolution or other act of any meeting of the Commissioners once made or entered into shall be revoked or altered at any subsequent meeting, unless notice of the intention to make such revocation or alteration signed by five or more of the Commissioners shall be entered in the book of proceedings of the meeting immediately preceding, and unless copies of such notice shall be transmitted to all the Commissioners by the secretary twenty-one days at least before the meeting, nor unless such revocation or alteration shall be determined upon by a majority consisting of three-fourths at least of the Commissioners present at such subsequent meeting, nor unless the number of the Commissioners present at such subsequent meeting be greater than the number present when such resolution was made or such act was done.

Commissioners incorporated.

19.—The Commissioners for the time being acting in the execution of this Act shall be a Corporation with perpetual succession, under the name of "the Dundalk Harbour Commissioners" and shall as such have a corporate seal, and shall have power to purchase and hold lands, and shall be conservators of the harbour and port of Dundalk subject to the provisions herein contained.

Existing works vested in Commissioners.

20.—Form and immediately after the commencement of this Act, subject as hereinafter provided, all the piers, lights, buoys and other works, and all lands, tenements, hereditaments, buildings, easements, prescriptive and other rights, powers and privileges whatsoever of or to which the Commissioners appointed under the Act of 1855 or any person in trust for them shall be seized, possessed or entitled at law or in equity, immediately before the commencement of this Act, and all rates or monies due or accruing due to the said Commissioners and all securities, books, accounts, documents, choses in action, effects and property belonging to the said Commissioners, shall, except where and as by this Act otherwise provided, be, and the same are hereby well and effectually vested in and shall belong to the Commissioners appointed by or by virtue of this Act, to hold to them and their successors for the purposes of this Act, and for such and the same estates, terms and other interests as under the Act of 1855 the former Commissioners or any person in trust for them had or would have continued to have had therein if the Act of 1855 had not been repealed, subject nevertheless to such charges, interests and liabilities as, immediately before or at the time of the commencement of this Act, the same premises shall be respectively subject to.

Deeds, agreements, contracts, etc., to remain in force, and new Commissioners liable to debts, etc.

21.—All conveyances, assurances, leases, demises, grants, mortgages, judgments, bonds, covenants, agreements, contracts, awards, securities and other instruments made, executed or entered into by or between any person or persons and the Commissioners appointed under the Act of 1855 or their successors, to, with, or in favour of or for any such person or persons and the said Commissioners or any or either of them shall, and the same are hereby declared to be, remain and continue in full force and effect, and the Commissioners appointed by or by virtue of this Act and all such person and persons shall respectively be bound by and liable to execute and perform the same.

Debts to be paid to or by Commissioners.

22.—Notwithstanding the repeal of the Act of 1855 all persons who immediately before the commencement of this Act owe any sum of money to the Commissioners appointed under the Act of 1855 or their successors or to any person in their behalf shall pay the same with all the interest (if any) due or to accrue due for the same to the Commissioners; and all debts and money which, immediately before the commencement of this Act, are due or owing by or recoverable from the former Commissioners or for the payment of which the former Commissioners are, or but for the repeal of the Act of 1855, would be liable, shall be paid with all interest (if any) due or to accrue due therein, by, or be recoverable from the Commissioners.

Arrears of tolls, etc., to be recoverable.

23.—All tolls or rents which immediately before the commencement of this Act shall be due and payable or accruing or becoming due and payable to the former Commissioners shall be payable to, and may be collected and recovered by, the Commissioners appointed by or by virtue of this Act in like manner as any tolls or rents by this Act granted may be collected or recovered.

Actions, etc., not to abate.

24.—No action, prosecution, suit, appeal or notice of appeal, order or decision of any District Justice or matter pending before any District Justice, distress, entry, execution, arbitration, award or other proceeding whatsoever commenced, carried on or levied, given, made, or taken by for or against the former Commissioners or with reference to the port, pier or other works within their jurisdiction previously to the commencement of this Act shall abate or be discontinued, annulled or prejudicially affected by the repeal of the Act of 1855; but on the contrary the same shall continue and take effect in favour of or against or in reference to the Commissioners acting under this Act in the same manner in all respects as the same would have continued and taken effect in favour of or against or in reference to the former Commissioners if this Act had not been passed; and all penalties incurred by or for any offence against the provisions of the Act of 1855 or against any bye-law or regulation of or concerning the former Commissioners or the port, pier or other works within their jurisdiction previously to the commencement of this Act shall and may be sued for and recovered, and all offences which may have been committed before the commencement of this Act against the provisions of the Act of 1855 or of any such bye-law or regulation may be prosecuted in such and the like manner to all intents and purposes as the same might have been sued for, recovered and prosecuted respectively if the Act of 1855 had not been repealed; the Commissioners acting under this Act being, in reference to the matters aforesaid, in all respects considered identical with the Commissioners acting under the Act of 1855.

Rights of action saved.

25.—Nothing in this Act contained shall be held to prejudice or affect any right or cause of action or suit or any remedy which the former Commissioners had against any person or Corporation, or which any person or Corporation had against such Commissioners at the time of the commencement of this Act; but all such rights, causes and remedies may be enforced or prosecuted by or against the Commissioners acting under this Act in like manner and within the same period as the same might have been enforced or prosecuted by or against the former Commissioners if this Act had not been passed.

Repeal not to affect existing rights.

26.—Notwithstanding the repeal of the Act of 1855 everything before the commencement of this Act done or suffered under the said Act of 1855 shall be as valid as if the same had not been repealed; and the repeal thereof and this Act respectively shall accordingly be subject and without prejudice to everything so done or suffered and to all rights, liabilities, claims and demands, both present and future, which, if the Act of 1855 were not repealed and this Act were not passed, would be incident to or consequent on any and everything so done or suffered; and with respect to all such rights, liabilities, claims and demands, the Commissioners under this Act shall, to all intents and purposes, represent the Commissioners under the Act of 1855. Provided always that the generality of this enactment shall not be restrained by any special and more restricted saving clause in this Act.

Officers under Act of 1855 to account.

27.—All officers and persons who at the time of the commencement of this Act shall have in their possession or under their control any money, books, documents, papers, writings, securities, goods, chattels or other effects under or by virtue of any of the provisions of the Act of 1855 shall account for and deliver up the same to the Commissioners appointed by or by virtue of this Act, or to such person as they shall appoint to receive the same in the same manner and subject to the same process, pains and penalties for refusal or neglect as if such officers and persons had been appointed and had become possessed of such money, books, documents, papers, writings, securities, goods, chattels or other effects under the provisions of this Act.

Present officers continued.

28.—All officers and persons appointed under the Act of 1855 shall continue in their respective offices and employments according to their respective appointments until removed therefrom; and all such officers and persons shall have the same powers, privileges and advantages, and they and all sureties shall be liable to the same conditions, penalties, obligations, restrictions and regulations as if such officers and persons had been appointed and such sureties had become bound under this Act.

Books, etc., to continue evidence.

29.—All books and other documents whatsoever by the Act of 1855 authorised or directed to be kept and thereby made evidence shall be admitted as evidence in all Courts of law and equity or elsewhere against or in favour of the Commissioners appointed by or by virtue of this Act.

As to provision in Statutes for the benefit of former Commissioners.

30.—All provisions, powers, rights and privileges granted, reserved or enacted by any Statute (other than the Act of 1855) relating to or affecting or for the benefit of the former Commissioners and not since repealed shall, subject to the provisions and restrictions of this Act, and notwithstanding the repeal of the Act of 1855, be of the like force and effect as if the Act of 1855 had not been repealed, and shall appertain to and be exercised and enforced by and against the Commissioners appointed by or by virtue of this Act in as full and beneficial a manner to all intents and purposes as the same provisions, powers, rights and privileges respectively would have appertained to or might have been exercised or enforced by or against the former Commissioners in case this Act had not been passed.

Commissioners empowered to construct new quay frontage, to reconstruct and enlarge present quays, to reclaim sloblands and construct retaining embankments and to acquire lands, quays, etc.

31.—Subject to the provisions of this Act the Commissioners may upon the lands shown on the deposited plans and described in the deposited book of reference construct a new quay frontage of stone, cement, timber or other suitable material and reconstruct and enlarge existing quays, and reclaim the slob-lands, river bed, and foreshore and construct the retaining embankments therefor in the lines and situations shown on the deposited plans and hereinafter described (and as regards all embankments on any level not exceeding the height of 44 feet above the datum line shown on the deposited sections); and subject as aforesaid the Commissioners may construct, lay down, erect, provide and maintain all necessary and convenient railway sidings, basins, quays, wharves, roads, approaches, buildings, warehouses, jetties, inclined planes, slips, bridges, locks, sluices, drains, culverts, staiths, moorings, cranes, crabs, capstans, anchors, mooring-chains, buoys, dolphins, mooring-frames, posts, sloops, weigh-beams, work-shops, lights and light-houses, dredging boats, dredgers, tugboats, machines, works and conveniences in upon or near the harbour or port, quays, wharves, slob-lands and embankments or which may be necessary or desirable in and for the construction and maintenance thereof; and may enter upon take and use such of the lands, quays, wharves, roads, approaches, buildings, railway sidings, works and other property described in the deposited book of reference as may be necessary for such purposes; and may purchase compulsorily or otherwise all or any of the existing quays, wharves, roads, approaches, buildings, railway sidings, works, and other property thereon within the harbour and port and shown on the deposited plans except as hereinafter provided.

Not to take quay of Dundalk and Newry Steam Packet Company, Ltd. without consent.

32.—Notwithstanding anything herein contained, it shall not be lawful for the Commissioners to purchase, take, use or otherwise interfere with except as hereinafter provided the quay, wharf or lands now in the occupation of the Dundalk and Newry Steam Packet Company Limited, and known as the Dundalk Steam Packet Quay, and marked on the deposited plan as "Dundalk and Newry Steam Packet Company's Quays and Premises" without the consent in writing of the said Company to be authenticated by the seal of the said Company.

Commissioners to have right of pre-emption of Steam Packet Quay.

33.—Provided always that the Dundalk and Newry Steam Packet Company Limited shall not sell or dispose of the said Steam Packet Quay, Wharf or lands to any person or Corporation other than the Commissioners unless and until the said Company shall have offered to sell the same to the Commissioners and the Commissioners shall have refused or for the space of three months from the making of such offer shall have failed to accept the same, and a certificate under the hand of a District Justice that such offer has been made and refused or not accepted for three months from the making thereof shall be sufficient evidence of the facts so certified; and on the application of the Company and the production of such evidence as the said Justice shall deem proper and sufficient, such Justice shall grant such certificate accordingly.

For settlement of price of Steam Packet Quay.

34.—If, after the said Company shall have offered to sell the said Steam Packet Quay, wharf and lands as aforesaid, or any part thereof, the Commissioners shall be desirous of purchasing the same and the Commissioners and the said Company do not agree as to the price thereof, such price shall be settled by arbitration under the provisions in that behalf of the Lands Clauses Consolidation Act 1845, and amending Acts, but the costs of such arbitration shall be in the discretion of the Arbitrators.

Description of works authorised.

35.—The works by this Act authorised comprise the following works, to wit:—

1. A reclamation, containing 2 roods 10 perches statute measure or thereabouts, situate partly in the townland of Townparks, parish of Dundalk, urban district of Dundalk, and county of Louth, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, in the urban district of Dundalk, bounded on the west by the Dundalk Newry and Greenore Railway, on the south by George's Quay, and on the east and north east by the proposed embankment hereafter described as Work No. 2.

2. An embankment, 4.8 chains statute measure or thereabouts in length, situate partly in the townland of Townparks, parish of Dundalk, urban district of Dundalk, and county of Louth, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, in the urban district of Dundalk, commencing at the eastern end of the southern abutment of the railway bridge carrying the Dundalk Newry and Greenore Railway over the river of Dundalk, and terminating at the corner of George's Quay opposite the coal yard of Mathew O'Neill, said point being fifty yards east of the level crossing of the Dundalk Newry and Greenore Railway and the road known as St. Helena, to George's Quay.

3. A quay wall or other frontage, 2 furlongs 3 chains statute measure or thereabouts in length, and widening of existing quays, situate partly in the townland of Townparks, parish of Dundalk, urban district of Dundalk and county of Louth, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour in the urban district of Dundalk, commencing at the termination of Work No. 2 already described and terminating at a point at the northern end of the boat slip at the quay known as Williamson's Quay, said point being 75 yards from the western end of the Dundalk and Newry Steam Packet Company's Quay measured in a westerly direction.

4. A deepening of portion of the quay wall, 3.4 chains statute measure or thereabouts in length, known partly as Williamson's Quay and partly as O'Rourke's Quay and situate partly in the townland of Townparks, parish of Dundalk, urban district of Dundalk and county of Louth, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, in the urban district of Dundalk, commencing at the termination of Work No. 3 already described, and terminating at the western end of the quay wall of the Dundalk and Newry Steam Packet Company.

5. A reclamation, containing 270 acres statute measure or thereabouts, of the area known as the north sloblands, Dundalk Harbour, situate partly in the townland of Marsh North, urban district of Dundalk and county of Louth, partly in the townland of Marsh North, rural district of Dundalk and county of Louth, partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, urban district of Dundalk, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, bounded on the west by the Dundalk Newry and Greenore Railway, on the south and east by an embankment hereafter described as Work No. 6, and on the north partly by an existing embankment known as Kearney's or Dobb's Rampart, and partly by the Dundalk Newry and Greenore Railway Company.

6. An embankment, 1 mile 7 furlongs and 6 chains statute measure or thereabouts in length, situate partly in the townland of Marsh North, urban district of Dundalk and county of Louth, partly in the townland of Marsh North, rural district of Dundalk and county of Louth, partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour in the urban district of Dundalk, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, commencing at a point on the east side of the north abutment of the bridge carrying the Dundalk Newry and Greenore Railway over the river of Dundalk, and passing in an easterly direction along the north side, and following the course of the river of Dundalk to a point on the North Training Wall of the said river 100 yards to the westward of No. 12 beacon, and thence in a north-westerly direction, and terminating at a point on the south slope of the railway embankment of the Dundalk Newry and Greenore Railway, 130 yards from the western abutment of the Ballymascanlon bridge of the said railway measured in a westerly direction.

7. A reclamation, containing 40 acres statute measure or thereabouts, situate partly in the townland of Point, rural district of Dundalk and county of Louth, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, bounded on the north and east by the embankment hereafter described as Work No. 8, and on the west partly by the patent slip and premises of the Dundalk Harbour Commissioners and partly by the premises known as the Soldiers' Point coast guard station, and on the south-west and south by lands in the townland of Point known as Lennon's Fields.

8. An embankment, 4 furlongs 7 chains statute measure or thereabouts in length, situate partly in the townland of Point, rural district of Dundalk and county of Louth, and partly in the extra-parochial place of the bed and foreshore of Dundalk Harbour, commencing at a point on the east side of the Dundalk Harbour Commissioners' patent slip, 86 yards from the north-east corner of the gardens of the said coast guard station measured in a north-westerly direction, and running thence first in a northerly, then in an easterly, and then in a southerly and south-westerly direction, and terminating at a point at high water mark 450 yards from the south-east corner of the gardens of the said coast guard station, measured in a south-easterly direction.

Lateral and vertical deviation.

36.—In executing the works by this Act authorised the Commissioners 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 three 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 without the previous consent of the Minister for Industry and Commerce, or otherwise than in such manner as is expressly authorised by the Minister for Industry and Commerce.

Period for completion of works.

37.—The quay wall and widening of quays and the deepening of portion of quay wall described in the Works 3 and 4 respectively and authorised by section 35 of this Act shall be completed within ten years after the passing of this Act, and on the expiration of such period the powers by this Act granted to the Commissioners for constructing the said quay wall and for deepening portion of quay wall shall cease to be exercised: Provided always that such limit of time shall not apply to any operations of the Commissioners in dredging, deepening or otherwise improving the harbour and the access thereto, and in rendering the port safe and commodious, but such operations may be undertaken and carried on at any time by the Commissioners.

Roads, sewers, watercourse, etc., may be stopped up, diverted or extended, etc.

38.—The Commissioners may cause any 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 by this Act authorised, to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently) as they shall think necessary or convenient for making and completing or in connection with the said intended works or any of them, or of the works and conveniences connected therewith, or for any of the purposes of their undertaking; so that the Commissioners do, previous 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 lands and premises adjoining or near the said works, 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.

If the Commissioners shall in exercise of the powers given them by this Act require any portion of the plots marked 12a and 14 on the deposited plans and described in the book of reference as “roadway electric wire and pole” and “quay railway sidings roadway mooring posts electric lighting poles and wires water mains” respectively the Commissioners shall at all times hereafter afford T. & J. Connick & Company full and free right of passage over and across the said plots so acquired along all existing roadways thereon to and from the premises of T. & J. Connick & Company to the present or any future Quay Front for all purposes, and the Commissioners shall not obstruct or interfere with the existing roadways unless equal facilities of access are provided for T. & J. Connick & Company.

Reclaimed lands, embankments, etc., to vest in Commissioners.

39.—The sloblands, foreshore and embankments, (not being sloblands, foreshore and embankments hitherto vested in the State or any department thereof, or held for the public use or benefit), the reclamation and construction of which by the Commissioners is authorised by section 35 of this Act shall when so reclaimed and constructed, become and be vested in the Commissioners; and if portions thereof only are so reclaimed or constructed, such portions shall become and be so vested in the Commissioners; and the ground and soil of the bed and foreshore of Dundalk River which shall be covered with or occupied by the Quay front and extension or widening of existing Quays authorised by section 35 of this Act, shall, saving the rights of the State as aforesaid, although the said frontage may consist of open pile work only, become and be vested in the Commissioners: Provided always that nothing herein contained shall operate to defeat the interest of any person or persons entitled to any rent or rent-charge out of any of said sloblands or the mudlands or marsh lands on or contiguous to the same, or of any person or persons entitled to any rights or interests in or easements over the said sloblands: And it shall be lawful for the Commissioners to contract and agree for the release of such sloblands or foreshore from any such rent or rent-charge and for the extinguishment of any such right, interest or easement.

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

40.—It shall be lawful for the Commissioners at any time before the expiration of the respective periods hereby limited for the completion of the works to enter upon any roads or lands shown on the said plan and described in the said Book of Reference, and to occupy such roads temporarily during the progress of the works hereby authorised and to use such lands for any of the following purposes, that is to say:—

For the purpose of taking earth or soil therefrom;

For the purpose of depositing spoil thereon;

For the purpose of obtaining material therefrom for the construction or repair of embankments and other works;

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 said lands.

Period for compulsory purchase of lands.

41.—The powers of the Commissioners for the compulsory acquisition of lands for the purposes of this Act shall not be exerciseable after the expiration of six years from the passing of this Act.

Lands for extraordinary purposes.

42.—In addition to the lands already acquired and held by the Commissioners, or to be acquired by the Commissioners under the powers of this Act, the Commissioners may, by agreement, purchase for extraordinary purposes in connection with their undertaking any quantity of land not exceeding twenty acres.

Tonnage rates.

43.—There shall be paid and payable to the Commissioners by the master or owner of every vessel arriving in the port, or to such person for the use of the Commissioners as shall be duly authorised by the Commissioners to receive the same, the following rates, that is to say: - For every vessel entering the port of Dundalk, a sum not exceeding one shilling for every ton of rateable tonnage of such vessel; such rateable tonnage to be such proportion (not exceeding fifty per cent.) of the registered gross tonnage of such vessel as the Commissioners may from time to time determine.

Tolls for use of tug boat.

44.—The Commissioners may demand a toll not exceeding one shilling per ton of rateable tonnage (as defined in section 43 of this Act) of any vessel using any tug boat of the Commissioners.

Mode of ascertaining tonnage.

45.—The tonnage or admeasurement of all vessels which shall be liable to the payment of any tonnage rates under this Act shall be ascertained according to the certified tonnage in the ship's register, and the master or other person having the command of each and every vessel is hereby required to produce such certificate of registry at the time of payment of the said rates to the person or persons who shall be duly authorised to collect and receive such rates.

Rules for levying tonnage rates.

46.—(1) A vessel arriving in ballast at and departing in ballast from Dundalk Harbour shall pay only one moiety of the rates and dues payable under this Act on trading vessels of any kind.

(2) Every vessel whether trading inwards or outwards or arriving and departing in ballast shall be liable for one tonnage rate and no more in respect of one such arrival at and departure from Dundalk Harbour, whether or not such vessel, if trading outwards, has traded with any intermediate port while absent.

(3) Every vessel which arrives at Dundalk Harbour in ballast and trades outwards shall upon so trading be liable to pay the rates and dues for the time being payable on vessels trading inwards.

Quayage rates.

47.—It shall be lawful for the Commissioners from time to time and at all times hereafter, in addition to all other duties and rates whatsoever, to ask, demand, levy, take and receive, as and for quayage rates, of and from the master or masters, owner or owners of every vessel, or of and from the broker or consignee of the goods conveyed by every vessel which shall or may from time to time enter the said port or harbour and in any manner use the quays of the Commissioners, such reasonable sum not exceeding fivepence for each ton of goods shipped on or discharged from such vessel on the said quays as the Commissioners shall from time to time fix for that purpose.

Power to commute tonnage and quayage rates in respect of steam trawlers and fishing vessels.

48.—In lieu of the tonnage and quayage rates payable to the Commissioners in respect of steam trawlers or other vessels bona fide engaged in fishing there shall (subject to foregoing provisions of this Act) be payable and paid to the Commissioners by the master or owner of every steam trawler or such fishing vessel such annual sum by way of commutation as may be fixed by the Commissioners not exceeding one shilling per gross registered ton provided that the minimum charge for any such steam trawler or such fishing vessel shall be five shillings per annum.

If Dundalk and Newry Steam Packet Company, Ltd., use their quay otherwise than for vessels belonging to or chartered by them, Commissioners may demand quayage rates for the same.

49.—If after the Commissioners shall have purchased all the quays which they are by this Act authorised to purchase by compulsion, the Dundalk and Newry Steam Packet Company Limited shall use the quay or wharf which now is occupied and owned by the said Company in their steam packet business, as a public quay, or otherwise than for the use and accommodation of steam vessels plying to the said port belonging to or chartered or used by the said Company, the said Company shall pay by way of penalty to the Commissioners in respect of such use the quayage rates by this Act made payable for the like use of the quays of the Commissioners: Provided that in case the said quay shall cease to be used as a steam packet quay, and shall become vested in any person or corporation other than the Dundalk and Newry Steam Packet Company Limited or the Commissioners, then it shall not be lawful for the Commissioners to demand or receive any quayage rates upon or in respect of the said quay.

Rates payable on goods as in Schedule “A”.

50.—(1) It shall be lawful for the Commissioners to demand for all goods mentioned in the Schedule “A” hereunto annexed, which shall be shipped or unshipped, received or delivered within the limits of the harbour any sums not exceeding the several tolls in the said Schedule specified with regard to such goods respectively; and as to all such goods as shall not be specified in the said Schedule, the Commissioners may demand a toll equal to the toll for the time being payable in respect of goods of a similar nature, package and quality, and every such toll shall be payable by the owner of the goods and be a lien thereon.

(2) The rates and tolls payable to the Commissioners under this section shall at all times be charged equally to all persons in respect of the same class or description of goods and all such rates and tolls shall be paid to the Commissioners at their offices at the port of Dundalk or at such other place as the Commissioners may from time to time appoint.

(3) All rates and tolls payable by any person to the Commissioners under this section shall be a debt due by such person to the Commissioners and shall be recoverable by them as a civil debt.

(4) In addition to any other remedy for the recovery of any rates or tolls payable to the Commissioners by any person under this section the Commissioners may retain in security any goods or other property of such person and may, in default of payment of such rates or tolls, sell the goods and property so retained and apply the proceeds of such sale in payment of such rates or tolls and of the expenses of such sale.

Articles not in Schedule to be rated.

51.—It shall be lawful for the Commissioners from time to time to ascertain and fix such reasonable duties to be paid upon the lading or unlading, importing or exporting, of any commodity or article not specified or enumerated in the Schedule “A” hereto annexed in proportion to the several duties therein specified as they shall think fit, so as no such duty shall exceed one-twelfth of the freight payable thereon respectively on being imported into or exported from the said port, which duties when so ascertained and fixed by the Commissioners shall be considered to all intents and purposes as if the same had been specially enumerated in this Act or in the Schedule “A” hereto annexed.

Rates for use of warehouses, docks, buoys, slips, etc.

52.—It shall be lawful for the Commissioners to demand for the use of any of their warehouses, quays, wharves, docks, railway sidings, mooring posts, mooring buoys, graving docks capstans, slips, weighing machines, and all other equipments, of and from the owner, or person having the charge, of any goods deposited therein, or loaded, unloaded or weighed by means thereof and of and from the master of any vessel, using any of such conveniences, such reasonable tolls as the Commissioners shall from time to time in their discretion fix and determine.

Rates for use of cranes.

53.—It shall be lawful for the Commissioners to demand for the use of any of their cranes a rent or toll not exceeding sixpence for each ton of coal carried by such cranes.

Minister for Industry and Commerce may revise rates.

54.—(1) The Commissioners shall so adjust the scales of all rates, rents, tolls and duties leviable by them under this Act that the annual income derived by them from such rates, rents, tolls and duties shall be sufficient and not more than sufficient to meet their annual expenditure under this Act.

(2) If at any time it appears to the Minister for Industry and Commerce—

(a) from the annual Account furnished to him by the Commissioners under this Act, or

(b) upon investigation by him after representations made in that behalf by the Commissioners, or by a Chamber of Commerce or any ship-owner or shipping company or other person concerned,

that the amount of the annual income derived by the Commissioners from the rates, rents, tolls and duties payable to them under this Act calculated on the average of the then three last preceding years is either insufficient or excessive for the purpose of meeting the annual expenditure of the Commissioners under this Act calculated on the average of the three years aforesaid, the Minister for Industry and Commerce may by order modify the scale of rates set out in Schedule “A” of this Act and any scale of tolls, rents or duties fixed by the Commissioners under this Act so that the amount of the annual income derived from such rates, rents, tolls and duties shall be sufficient and not more than sufficient to meet the annual expenditure of the Commissioners under this Act.

Power to lay down mooring buoys, etc.

55.—The Commissioners may, and they are hereby authorised from time to time at their discretion, to lay down place and fix in such parts of the port as to the Commissioners shall appear requisite, good and sufficient mooring buoys, mooring craft, dolphins and other buoys, to which all vessels entering or leaving the said port may anchor or attach themselves with ropes or chains and ride or lie during pleasure, and at which such vessels may discharge into boats, lighters, or other craft all or any part of their cargo, on paying to the Commissioners for the use of such mooring buoys such rates or charges as the Commissioners may from time to time in their discretion fix and determine, and the vessels using the said mooring buoys or other mooring apparatus and their owners and cargoes or either of them at the discretion of the Commissioners, are hereby declared to be chargeable with the payment of said rates or charges in like manner as any other toll chargeable under this Act, subject to the provisions in the Acts incorporated herewith.

Commissioners may borrow on credit of tolls and other property vested in them.

56.—It shall be lawful for the Commissioners from time to time, in addition to the monies borrowed under the Act of 1855, to borrow at interest from any person or corporation who may be willing to advance the same any sum not exceeding the sum of £150,000 on the credit of the several tolls by this Act authorised to be levied and other funds and property vested in the said Commissioners under this Act or any other Act; and for the securing the payment of any monies to be borrowed by virtue of or under the provisions of this Act with interest, the Commissioners may assign over the said tolls, funds and property or any of them to the persons who shall advance or lend any such money, or to any trustee for such persons, as a security for the payment of money so to be borrowed with interest for the same, and every such security shall be under the common seal of the Commissioners.

Investment in loan raised by Commissioners to be trustee security.

57.—A trustee may, unless expressly forbidden by the instrument (if any) creating the trust, invest any trust funds in his hands, whether at the time in a state of investment or not, in any loan to be raised by the Commissioners under the provisions of and for the purposes of this Act, and secured on the tolls and property of the Commissioners in the manner provided by this Act.

Repayment of borrowed money when no time fixed.

58.—If no time be fixed in the mortgage deed or assignment in security for the payment of the money so borrowed, the Commissioners may at any time pay off the same on giving the party entitled to receive such money six months' previous notice; and every such notice shall be in writing or print, or both, and shall be given either personally to such mortgagee or creditor or left at his residence, or if such mortgagee or creditor be unknown to the Commissioners, or cannot be found after diligent enquiry, such notice shall be given by advertisement in the Iris Oifigiúil.

Mortgages under Act of 1855 to have priority.

59.—All mortgages heretofore granted by the Commissioners under the authority of the Act of 1855 or otherwise, and all interest due or to accrue due thereon, and all judgment or other debts of the Commissioners shall extend to, and be considered as extending to all tolls and sums of money by this Act authorised to be levied and received by the Commissioners for the execution of this Act, with such and the like priorities as the said mortgages or other securities now have by law over and upon the tolls, and sums of money and other property under the Act of 1855; and all debts created under this Act for the purpose of paying off such existing debts and liabilities shall during the continuance thereof have priority over any other mortgages to be created by virtue of this Act, and all parties entitled to such mortgages shall have the same respective priority over each other as they have or would have had under the said recited Act if the same had not been repealed.

Saving rights of judgment creditors.

60.—Nothing in this Act shall be held or construed to prejudice or affect the rights, remedies, powers and priorities of any judgment creditors of the Commissioners under the Act of 1855, and any such creditor shall stand next in priority in reference to their judgment debts to the mortgages now subsisting, and before any mortgages or securities to be created by virtue of this Act.

Receiver may be appointed to enforce payment of arrears.

61.—If at any time the sum of £5,000 or upwards in the whole shall be owing to any mortgagees of the tolls for arrears of principal and interest, such mortgagees shall be entitled to have and require a receiver of such tolls to be appointed.

Expenses of mortgages may be paid out of general funds.

62.—The costs and expenses of any mortgages may be paid by the Commissioners out of any tolls received by them, or out of the moneys to be borrowed by the Commissioners.

Sinking fund for payment of money borrowed under this Act.

63.—(1) The Commissioners shall set apart and appropriate annually out of the tolls as a sinking fund to be applied in paying off the principal sums which shall have been borrowed or secured on mortgage of such tolls by virtue of this Act, an annual sum, being from the expiration of five years to the expiration of ten years from the commencement of this Act, not less than one pound per centum, and from the end of such ten years, not less than two pounds and ten shillings per centum, of the sums from time to time so borrowed as aforesaid.

(2) It shall be the duty of the Commissioners within twentyone days after the expiration of each year in respect of which any sum is required by this section to be set apart and appropriated as a sinking fund to furnish to the Minister for Industry and Commerce in respect of that year such return as is required by this section.

(3) Every return furnished pursuant to this section shall be in such form and verified in such manner as shall be prescribed by the Minister for Industry and Commerce and shall contain particulars showing—

(a) the amount set apart and appropriated as a sinking fund as aforesaid during the year to which the return relates, and

(b) the amount (if any) of the sinking fund applied by the Commissioners during that year to the repayment of the borrowed moneys for the repayment of which the said fund was set apart, and

(c) the description of the securities (if any) upon which the sinking fund or the interest thereof is invested, and

(d) the purposes to which any portion of the sinking fund invested by the Commissioners or the interest of such portion has been applied during the year to which the return relates, and

(e) the total amount (if any) of the sinking fund remaining invested at the end of the year.

(4) If and whenever the Commissioners fail to furnish to the Minister for Industry and Commerce within the time specified in this section the return required by this section to be furnished by them or furnish a return which is to their knowledge false or misleading in any material respect they shall be liable to a penalty not exceeding twenty pounds recoverable in a court of summary jurisdiction.

Application of money borrowed.

64.—All monies borrowed under the powers of this Act for the improvements, works and purposes by this Act authorised shall be applied in executing the works by this Act authorised and in otherwise carrying this Act into execution.

Application of revenue.

65.—The monies from time to time received by the Commissioners in respect of the tolls hereby made payable shall be applied:—

Firstly: —In paying the interest on monies borrowed under the Act of 1855 and this Act,

Secondly: — In payment of the sums by this Act required to be set aside to form a sinking fund, at the times and in the manner hereinbefore provided,

Thirdly: — In maintaining and regulating the port and harbour and the navigation thereof, and in making such payments and contributions as the Commissioners are by section 9 of the Dundalk Pilotage Order 1920 authorised to make,

and the surplus (if any) shall be applied in the payment of the mortgage debt for the time being owing by the Commissioners.

Money may be borrowed in substitution of same paid off.

66.—If the Commissioners at any time pay off any part of any money borrowed by them under this Act otherwise than by means of their sinking fund, they may reborrow the same or any part thereof upon the security of their tolls and other revenue.

Power to borrow on cash credit.

67.—The Commissioners, in exercise of their borrowing powers under this Act, may from time to time take from any bank or banking company credit on a cash account, to be opened and kept with such bank or banking company according to the usage of bankers in Ireland, in the name of the Commissioners or an Officer to be appointed by them, to the extent of the sum which they are by this Act authorised to borrow or any part thereof, and may make and grant mortgages as aforesaid in security for the payment of the amount of such credit, or of the sums advanced from time to time on such cash account with interest thereon,

Sinking fund may be applied in repayment of borrowed monies.

68.—The Commissioners may at any time apply the whole or part of any sinking fund set apart by them in or towards the repayment of the borrowed monies for the repayment of which

such sinking fund was set apart in such order and manner as they may deem proper: Provided that in case part of the sinking fund shall be applied in repayment as aforesaid the Commissioners shall pay into such sinking fund in each year afterwards and accumulate as hereinbefore prescribed, until the whole of the borrowed monies to which such sinking fund is applicable are discharged, a sum equal to the interest produced by the sinking fund or part thereof so applied: Provided also that whenever and so long as the yearly income arising from the sinking fund shall be equal to the annual interest of such borrowed monies then outstanding, the Commissioners may, in lieu of investing the said yearly income, apply the same in payment of such interest, and may during such periods discontinue the payment to such sinking fund of the yearly sums required to be so paid thereto. Any mortgages, bonds or stock granted or issued by the Commissioners and in or upon which they shall invest any sinking fund shall, upon such investment, be ipso facto cancelled.

When debt paid off, future revenue to be applied in maintaining harbour, etc.

69.—When the whole of the money which may be borrowed under this Act and which has heretofore been borrowed under the Act of 1855 shall have been paid off and discharged, the future revenue of the harbour shall (subject to the provision hereinafter made for extraordinary repairs and expenses and to payment of the reasonable expenses of management) be applied and expended by the Commissioners in the maintenance, improvement and extension of the harbour and works connected therewith, and in making such payments and contributions as the Commissioners are by section 9 of the Dundalk Pilotage Order 1920 authorised to make, and in otherwise carrying into effect the provisions of this Act, and in no other way and for no other purpose whatever.

Reserve fund for extraordinary repairs.

70.—When and so soon as the whole of the money borrowed and to be borrowed as aforesaid shall have been paid off and discharged as aforesaid, and subject to the payment of the expenses of or in anywise incident to the working, management and maintenance of the said harbour and works, and to such payments and contributions as the Commissioners are by section 9 of the Dundalk Pilotage Order, 1920 authorised to make, the Commissioners may yearly and in every year set apart and appropriate out of their revenue such a sum not exceeding £1,000 per annum as they shall think fit and shall accumulate the same at compound interest until the sum so set apart and appropriated and the accumulations thereof shall amount to the principal sum of £10,000, and the sums so set apart, appropriated and accumulated shall be invested in government securities of Saorstát Eireann in the name of the Commissioners, and such sum and the accumulations thereof and the interest thereof shall be held and applied by the Commissioners as circumstances may from time to time require in and for the purpose of extraordinary repairs of the harbour and works connected therewith, or other extraordinary expenses incident to the management improvement and extension of the said harbour and the works connected therewith.

Inspection of accounts.

71.—(1) All the accounts to be kept under this Act or the said Acts incorporated herewith shall be open to the inspection of the Commissioners and the persons paying rates under this Act from ten o'clock till one o'clock in the daytime; and a full abstract of the accounts shall within three months after the 31st day of December in the year 1925 and in every subsequent year be published in a newspaper or newspapers circulating and published in the urban district of Dundalk.

(2) The Commissioners shall within two months after the 31st day of December in the year 1925 and in every subsequent year send to the Minister for Industry and Commerce a copy of the accounts mentioned in the foregoing sub-section, and section 16 of the General Pier and Harbour Act 1861, Amendment Act, 1862, shall apply to such accounts in the same manner in all respects as it applies to the account mentioned in that section.

(3) If and whenever the Commissioners fail to publish a full abstract of their accounts or to send a copy of their accounts to the Minister for Industry and Commerce in accordance with this section within the period specified in that behalf in this section they shall be liable for every week or part of a week in which after the period aforesaid they so fail to a penalty not exceeding twenty pounds recoverable in a court of summary jurisdiction.

Appointment of auditor.

72.—(1) The Minister for Industry and Commerce 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 Commissioners and may by such order fix the amount of the payments to be made by the Commissioners 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 Commissioners to the auditor out of the rates and other income received by them under this Act.

(3) The Minister for Industry and Commerce may by order remove the auditor from office and shall by the same or any subsequent order unless there is special reason to the contrary appoint a fit and proper person to be the auditor in lieu and stead of the auditor so removed.

Audit of accounts of the Commissioners.

73.—(1) It shall be the duty of the clerk to the Commissioners on any examination and audit or 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 his 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 the Commissioners and every officer and servant (other than the clerk)of the Commissioners 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 and examination and audit under this section to examine into the accounts of the Commissioners and to disallow and strike out of such accounts all payments, charges and allowances made by any person and charged on the funds of the Commissioners contrary to law or which he deems to be unfounded and to surcharge the same upon the person 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 examination and 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 appeal therefrom to the Minister for Industry and Commerce in the manner to be prescribed by him, 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 save as provided in sub-section (5) hereof.

(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 for Industry and Commerce provided by sub-section (4) of this section to apply to the High Court of Justice for a writ 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 said Court shall decide the particular matter of complaint set forth; and if it appear to such Court that the decision of the auditor was erroneous they 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 same; and the Court may also direct the costs of the person prosecuting such certiorari to be paid as to such Court may seem fit.

(6) 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 fourteen 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 manner directed by the Minister for Industry and Commerce.

(7) 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.

(8) 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.

Limits of authority of harbour master.

74.—The limits within which the powers of the harbour master for the regulation of the port and harbour shall be exercised shall be co-extensive with the limits of the said port as defined by this Act.

Power to appoint meters and weighers.

75.—The Commissioners may and they are hereby empowered to appoint and licence a sufficient number of persons to be meters and weighers as they shall think necessary.

No jetties, etc., to be erected unless authorised by the Commissioners and by the Minister for Industry and Commerce.

76.—It shall not be lawful for any person unless duly authorised by the Commissioners and by the Minister for Industry and Commerce to erect any groins, jetties, buildings or other works within the port and harbour which may in any way reduce the superficial area of the waters thereof or impede or obstruct the free navigation or entrance of the harbours within or adjoining the same or interfere in any way with the free flux and reflux of the tides or diminish the quantity of the tidal waters flowing in or out of the pert or to the said harbours or make any other encroachments whatsoever which may impede or obstruct the free navigation or passage of or to such harbours without the consent of the Commissioners and of the Minister for Industry and Commerce, or do any act whereby the port or the said harbours or the free use and entrance or navigation of same respectively may in any wise be prejudiced; and it shall be lawful for the Commissioners from time to time as occasion may require to take away and remove or prevent any obstruction which may in any manner impede the navigation of the waters of the port and harbour.

Penalty for not having a buoy to the anchor of vessels.

77.—If the master or commander of any vessel which shall cast anchor within the river, port or harbour shall not immediately on doing so tie or fasten or cause to be tied or fastened a buoy to such anchor in such manner as 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 for every such offence forfeit and pay any sum not exceeding five pounds, and shall for every hour such anchor shall remain after notice shall have been given without such buoy being tied as aforesaid thereto as aforesaid forfeit and pay a further sum of five pounds: Provided always that the enforcing of the said penalties shall not in any manner affect any remedy which any person or person 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.

Penalty on persons obstructing the execution of this Act.

78.—If any person shall at any time obstruct, hinder or molest the Commissioners or any of their officers or servants or other persons whomsoever who is, are or shall be employed by virtue of this Act in the performance of their duty, any such person so offending shall, on conviction before a District Justice, forfeit a sum not exceeding ten pounds for every such offence.

Penalty on persons obstructing free navigation of harbour.

79.—If any person shall within the limits of the port and harbour of Dundalk cast, deposit, place or lay any material calculated to interfere with or obstruct the free navigation of the waters of the said port and harbour, he shall be liable on conviction before a District Justice to a penalty not exceeding ten pounds for every such offence.

Penalty for not embarking goods.

80.—If any person lays on any of the roadways, quay or quay walls of the Commissioners 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 for every such offence be liable on conviction before a District Justice to a penalty not exceeding twenty shillings, and to a further penalty not exceeding forty shillings for every day the same shall remain on such roadway, quay or quay walls; and the Commissioners may cause such goods or matters to be removed and a sufficient part thereof to be sold for payment of fines and expenses: Provided always that nothing in this section shall apply to goods or matters landed from a vessel on any quay.

Penalty for damaging walls, quays, etc.

81.—If any person wilfully destroys or injures any part of the walls, quays, piers, jetties or landing-places of the Commissioners within the port and harbour or any of the sheds, buildings, cranes or other conveniences or equipments which are placed in or upon such walls or quays for the use and convenience of shipping or boats, every such person so offending shall for every such offence be liable, on conviction before a District Justice, to a penalty not exceeding five pounds.

Commissioners may direct prosecutions for nuisances, etc.

82.—The Commissioners at a public meeting may, and they are hereby empowered, if they think fit, in any case which can under this Act or otherwise by law be prosecuted by them before a court of summary jurisdiction, to direct prosecutions before any such court in respect of offences done, committed, made or continued in or upon the public river, waters or streams of the said river, port or harbour, or in or upon the quays, wharves, roads, approaches, piers, embankments, reclamations, lands or works adjoining thereto, or for any injury or damage occasioned to the navigation of the said rivers, waters or streams, and that whether such injury or damage shall be attributable to any act done within the limits of the said river, port or harbour or not; and to recover any penalty or forfeiture incurred under the provisions of this Act or of any of the Acts incorporated therewith, and to defray the costs of any such proceedings out of the funds an belonging to the Commissioners.

Persons convicted of damage shall pay the amount.

83.—Which any person shall be convicted of doing damage to any of the quays, walls, piers, jetties or landing places in the harbour or port or to any of the works and conveniences upon or about the same, the Commissioners may either before or after such conviction direct their 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 any repair such damage or injury, and the Commissioners may, in addition to any penalty inflicted on him, demand from the person so convicted the sum stated in such report, and in case the same shall not be immediately paid the amount thereof shall be recovered from such person in the manner provided by the Harbours, Docks and Piers Clauses Act, 1847 with respect to the recovery of damages not especially provided for and penalties.

Lighters, barges, etc., to be licensed.

84.—The owner of every lighter, barge or like vessel employed within the limits of the port or harbour discharging or loading cargo, goods or merchandise upon or from or in any manner using any of the quays, piers, jetties or other landing-places of the Commissioners shall take out in the month of January in every year a licence from the Commissioners for each lighter, barge or like to carry goods within the limits of the port and harbour, and shall pay to the Commissioners yearly and every year for such licence such sum not exceeding twenty as the Commissioners shall from time to time appoint, and every such owner shall abide by such rules for the carriage of goods and merchandize and the loading and discharging thereof, and shall comply with such bye-laws and regulations as the Commissioners may from time to time make and prescribe and shall obey the orders and directions of the harbour master, pier master or other of the Commissioners in the mooring, loading and unloading of such lighters, barges or like vessels.

Lighters, barges, etc., to be numbered and registered.

85.—Every such lighter, barge or like vessel shall have a number painted conspicuously thereon, and shall be registered with the Commissioners by its number and tonnage and the name of its owner, and each licence shall state the name of the owner and the number and tonnage of the lighter, barge or like vessel thereby licensed and it shall be lawful for the harbour master or other person appointed by the Commissioners to ascertain the tonnage of every such lighter, barge or like vessel by measuring the same in the manner directed by the Merchant Shipping Acts.

Penalty on unlicensed lighters, barges, etc.

86.—If any lighter, barge or like vessel not licensed as aforesaid or the owner of which has not complied in all respects with the requirements of this Act shall be found discharging or loading any cargo, goods or merchandize upon or from or in any way using any of the quays, piers, jetties, landing-places or other works of the Commissioners, the owner shall, for every such offence, be liable, on conviction before a District Justice, to a penalty not exceeding forty shillings.

Saving of existing bye-laws.

87.—All bye-laws made by the Commissioners previously to this Act shall continue in full force and effect until altered, extended, amended or annulled by the Commissioners, and the penalties provided thereby shall be recoverable on conviction before a District Justice in the same manner as penalties provided for by this Act.

Remedy against vessels.

88.—When any penalty imposed by virtue of this Act is ordered to be paid by the master or owner of a vessel, and the same is not paid at the time and in the manner prescribed by the order, the District Justice by whom any such penalty is imposed may, in addition to any other powers he may have for compelling payment, direct the amount unpaid to be levied by distress and sale of the said vessel, its tackle, furniture and apparel.

Power of appeal.

89.—If any person shall feel aggrieved by any rule, bye-law or order of the Commissioners or by any determination or adjudication of any District Justice with respect to any such rule, bye-law or order, or with respect to any penalty or forfeiture under the provisions of this Act or of any Act incorporated therewith, such person may appeal to the Circuit Court to be next holden after the service of the notice hereinafter provided for; but no such appeal shall be entertained unless it is made within two months after the making of such order, determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom such appeal shall be brought, nor unless the appellant shall forthwith after such notice enter into recognizances with two sufficient sureties before a District Justice or a Peace Commissioner, duly to prosecute such appeal and to abide by the order made thereon; and it shall be lawful for the Court, upon the proof of such notice and recognizance having been given and entered into, thereupon to hear and determine such appeal or to adjourn the same; and it shall be lawful for the Court to mitigate any forfeiture or line and to order any money to be returned which may have been levied, and to award such further satisfaction to be made to the party injured, or such costs to either of the parties, as the Court shall judge, reasonable and proper; and every such determination of the said Court shall be final, and conclusive to all intents and purposes.

Harbour, etc., not exempt from provisions of General Acts.

90.—Nothing in this Act contained shall be deemed or taken to exempt the harbour or the Commissioners from the provisions of the Merchant Shipping Acts, or of any general Act relating to harbours or dues on shipping now in force or which may be passed during the present or any future session of the Oireachtas, or from any future revision or alteration under the authority of the Oireachtas of the tolls or dues by this Act authorised.

Saving rights of Earl of Roden.

91.—Nothing in this Act contained shall extend or be construed to extend to prejudice, diminish, alter or take away any of the rights, privileges, power or authorities vested in or enjoyed by the Earl of Roden, his heirs or assigns except so far as respects the ground and works hereby authorised to be. purchased and made, or to prevent or hinder any person or persons, who, but for this Act would be at liberty to do so, from making or erecting any embankment or other work for the purposes of draining or reclaiming the strands or slobs in or about or within the said river, port and harbour in such and the like manner as if this Act had not been passed: Provided such embankment or other work shall not interfere with, damage or impede the works by this Act authorised to be made, or the navigation of the said river, port and harbour.

For protection of the Dundalk Newry and Greenore Railway Company.

92.—The following provisions for the protection of the Dundalk Newry and Greenore Railway Company (hereinafter referred to as the "railway company") shall unless otherwise agreed apply and have effect:—

(1) In the event of the Commissioners desiring to construct any works which shall or may be upon the lands or property of the railway company or alongside the same they shall first submit for the reasonable approval of the railway company plans, sections and particulars of the works proposed to be constructed by the Commissioners:

(2) Any alterations or re-instatements of the sidings or works of the railway company rendered necessary by the works or operations of the Commissioners shall be constructed by and at the cost of the Commissioners in accordance with plans to be agreed between the railway company and the Commissioners:

(3) The railway company and their agents shall have and may exercise the same or equal facilities as are at present enjoyed or exercisable by them in respect of traffic passing either way between George's Quay and the property of the railway company including the use of the lines of rails on the quays free of charge except as hereinafter provided and also the right to themselves their agents and tenants to the free use of the roadway between Quay Street and the quay and the right to lay lines of rails across such roadway to connect the property of the railway company on each side of such roadway and to use same free of charge: Provided that the railway company shall not be entitled to the free user of the lines of rails belonging to the Commissioners on the said quay for the purpose of dealing with traffic which has not passed or is not intended to pass through the port of Dundalk and shall not be entitled to receive from the Commissioners any compensation in respect of the actual material forming the lines of rails on that portion of the said quay to be acquired by the Commissioners under the powers and provisions of this Act:

(4) The railway company shall pay annually to the Commissioners a fair proportion of the cost reasonably incurred in maintaining the lines of rails on the said quay so used by them according to the extent of their user thereof; the cost of such maintenance and the proportion to be borne by the railway company to be settled in default of agreement by arbitration in manner hereinafter provided: Provided always that if the Commissioners shall hereafter provide means of and actually perform haulage of wagons on and over the lines of rails on the said quay to the lines of rails of the railway company, the railway company shall, in respect of such haulage actually performed by the Commissioners, but not further or otherwise, pay to the Commissioners such proportion of the haulage charges received by the railway company in respect of haulage from the ship's side to Barrack Street Station as may be agreed, or in default of agreement as may be fixed by arbitration in manner hereinafter provided:

(5) Any difference which shall arise under this section between the Commissioners and the railway company shall be referred to and be determined by two arbitrators one to be appointed by each party. The provisions of the Common Law Procedure Amendment (Ireland) Act, 1856, shall apply to such arbitration, and to the appointment of such arbitrators who shall have power to award such costs as they shall think fit.

For protection of Alice Gertrude Williamson.

93.—The following provisions for the protection of Alice Gertrude Williamson her heirs executors administrators and assigns (hereinafter referred to as A. G. Williamson) and others the owners or occupiers for the time being of the quay, wharfs, railways, works and other property now owned by A. G. Williamson shall apply and have effect:—

1. Nothing in this Act contained shall extend or be construed to extend to authorise the Commissioners to exercise any of the powers, rights or privileges by this Act given to or conferred on the Commissioners in respect of the premises unless the Commissioners shall have acquired by purchase the frontage of the premises:

2. If the Commissioners shall in exercise of the powers given them by this Act acquire compulsorily or otherwise any portion of the premises of A. G. Williamson they shall before commencing any of the works on the same at the expense of the Commissioners erect a boundary wall properly and substantially constructed of stone work and efficiently coped of a width of not less than seventeen inches and a height of not less than ten feet between the portion of the premises so acquired and the premises retained by A. G. Williamson. The said boundary wall shall be erected on the premises of A. G. Williamson and shall when erected vest in her and be her property and shall be properly maintained by her. The Commissioners shall at their expense provide in such boundary wall at such places as the said A. G. Williamson shall indicate three gates substantially constructed giving access to and from the quay to the premises of A. G. Williamson and the Commissioners shall not obstruct or interfere with such gates or means of access to and from the quay front and over and along the quays at present owned or occupied by the Commissioners or hereafter to be owned or occupied by them:

3. The Commissioners shall at all times hereafter afford to A. G. Williamson for the berthage of ships and the loading and discharge of the same such use of cranes and access to the quays fronting the premises of A. G. Williamson and every part thereof as she shall reasonably require in priority to all other users in accordance with regulations to be made by the Commissioners with the reasonable approval of A. G. Williamson. Such regulations, in the event of dispute, shall be settled by arbitration:

4. If the Commissioners shall under the powers conferred by this Act interfere with the lilies of rail at present used by A. G. Williamson in respect of the premises or in any way interfere with the rail facilities at present enjoyed by A. G. Williamson the Commissioners shall construct and maintain in connection with the rails of the Dundalk Newry and Greenore Railway and the Great Northern Railway Company (Ireland) a line of rails along the quay front from the quay fronting the premises of A. G. Williamson whether the same be acquired by the Commissioners or not and shall at all times hereafter afford A. G. Williamson full facilities for carriage of goods of all descriptions to and from the premises and every part thereof whether such goods have passed or are intended to pass through the port of Dundalk or not the said A. G. Williamson paying any tolls lawfully payable in respect of such goods:

5. If the Commissioners acquire the frontage of the premises under the powers of this Act A. G. Williamson shall be entitled to maintain and use the existing turntable line and railway siding from the line of rails now existing to the store marked “A” on the plans deposited for the purposes of this Act and A. G. Williamson shall be entitled to the full and exclusive use of the same. Any alteration or reconstruction of the existing turntable rails or railway siding rendered necessary by the works or operations of the Commissioners shall be constructed by and at the cost of the Commissioners in accordance with plans to be agreed between A. G. Williamson and the Commissioners so as to afford A. G. Williamson the same or equal facilities in connection therewith as at present enjoyed: Provided that the Commissioners shall be entitled from time to time at their own costs and expense to remove or reconstruct the same in any way they think fit or necessary but so that equal facilities are afforded A. G. Williamson:

6. In the event of the Commissioners desiring to construct any works which shall or may be alongside the lands or property of the said A. G. Williamson they shall first submit for the reasonable approval of the said A. G. Williamson, plans, sections and particulars of the works proposed to be constructed by the Commissioners:

7. Any difference which shall arise under this section between the Commissioners and the said A. G. Williamson shall be referred to and determined by two arbitrators one to be appointed by each party and the provisions of the Common Law Procedure Amendment (Ireland) Act, 1856 shall apply to such arbitration.

For protection of Sir Samuel Kelly trading as T. and J. Connick and Company.

94.—The following provisions for the protection of Sir Samuel Kelly, trading as T. and J. Connick and Company, their successors and assigns and all others the owners and occupiers of the premises known as Connick's Quay, now the property of the said Sir Samuel Kelly (hereinafter referred to as T. and J. Connick and Company) shall apply and have effect:—

1. Notwithstanding anything in this Act contained or shown on the deposited plans, T. and J. Connick and Company shall be entitled to use, maintain and repair two gantries from their premises over and across the quay or other works of the Commissioners to the present or any future quay front and shall be entitled to the full and exclusive use and ownership of the same. Any alteration or reconstruction of the existing gantries rendered necessary by the works and operations of the Commissioners shall be constructed by and at the cost of the Commissioners in accordance with plans to be agreed between T. and J. Connick and Company and the Commissioners so as to afford T. and J. Connick and Company the same or equal facilities in connection therewith as at present enjoyed: Provided that the Commissioners shall be entitled from time to time at their own cost and expense to remove or reconstruct the gantries in any way they wish or think necessary provided that equal facilities are provided for T. and J. Connick and Company:

2. Notwithstanding anything in this Act contained or shown on the deposited plans the Commissioners shall not obstruct or interfere with the existing gates and means of access to and from the yards and other premises of T. and J. Connick and Company to and from the quay front and the works and operations of the Commissioners shall be so constructed as to permit of full and free access at any time hereafter to and from the yards and other premises of T. and J. Connick and Company to the quay at any point or points of the frontage of the same to the quay:

3. The Commissioners shall at all times hereafter afford to T. and J. Connick and Company for the berthage of ships and the loading and discharge of same such use of cranes and access to the quay fronting the yards and other premises of T. and J. Connick and Company as they shall reasonably require in priority to all other users in accordance with regulations to be made by the Commissioners with the reasonable approval of T. and J. Connick and Company, such regulations in the event of a dispute, to be settled by arbitration:

4. In the event of the Commissioners desiring to construct any works which shall or may be alongside the lands or property of T. and J. Connick and Company they shall first submit for the reasonable approval of T. and J. Connick and Company, plans, sections and particulars of the works proposed to be constructed by the Commissioners:

5. Any difference which shall arise under this section between the Commissioners and T. and J. Connick and Company shall be referred to and be determined by two arbitrators, one to be appointed by each party. The provisions of the Common Law Procedure Amendment (Ireland) Act, 1856 shall apply to such arbitration and to the appointment of such arbitrators who shall have power to award such costs as they shall think fit.

For protection of B. O'Rourke and Company Limited.

95.—The following provisions for the protection of B. O'Rourke and Company Limited and their successors and assigns and others the owners or occupiers for the time being of the quay, wharf, railways, works and other property now owned by the said B. O'Rourke and Company Limited at Dundalk Harbour shall apply and have effect:—

1. The Commissioners shall at all times hereafter afford B. O'Rourke and Company Limited for the berthing of ships and the loading and discharge of same such use of cranes and access to the quay fronting the premises of B. O'Rourke and Company Limited and every part thereof as they shall reasonably require in priority to all other users in accordance with regulations to be made by the Commissioners with the reasonable approval of B. O'Rourke and Company Limited. Such regulations in the event of dispute shall be settled by arbitration:

2. If the Commissioners shall under the powers conferred by this Act interfere with the lines of rail at present used by B. O'Rourke and Company Limited in respect of the premises or in any way interfere with the rail facilities at present enjoyed by B. O'Rourke and Company Limited the Commissioners shall construct and maintain in connection with the rails of the Dundalk Newry and Greenore Railway Company and the Great Northern Railway Company (Ireland) a line of rails along the quay front from the quay fronting the premises of B. O'Rourke and Company Limited whether the same be acquired by the Commissioners or not and shall at all times hereafter afford B. O'Rourke and Company Limited full facilities for carriage of goods of all descriptions to and from the premises and every part thereof whether such goods have passed or are intended to pass through the port of Dundalk or not and the said B. O'Rourke and Company Limited shall pay any tolls lawfully payable in respect of such goods.

Savings rights of other persons.

96.—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 between high and low water mark within the limits of the said river, port or harbour; but the same shall be and remain as if this Act had not been passed, save and except as to such right, title or interest therein as the Commissioners may acquire therein by purchase or otherwise under the powers herein contained; and provided no embankment or other work be made or erected thereon or on the sides thereof which would interfere with, damage or impede the works by this Act authorised to be made or the navigation of the said river, port or harbour.

Saving rights of the State.

97.—Nothing in this Act shall affect any property, real or personal, vested in Saorstát Eireann, or in any Minister thereof, or in any board or body exercising any functions of government or public administration, or be construed to restrict or prejudice the rights of Saorstát Eireann, or any right, power, privilege or duty vested by law in any Minister or any officer of Saorstát Eireann, and in particular any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Commissioners any right of entry into, or any estate or interest in any such property, but this section shall not operate to prevent the exercise in accordance with this Act by the Commissioners of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Commissioners.

For protection of the Minister for Posts and Telegraphs.

98.—Nothing contained in this Act shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs, as defined by the Telegraphs Acts, 1878, or other property of the Minister for Posts and Telegraphs, or any of the rights of the Minister for Posts and Telegraphs under the Telegraphs Acts, 1863 to 1920; the Electricity (Supply) Acts, 1882 to 1919, and the Electric Lighting (Clauses) Act, 1899; and section 14 of the Schedule to the Electric Lighting (Clauses) Act of 1899, so far as it relates to the Minister for Posts and Telegraphs, shall apply to the construction or laying down under this Act of any works across or along any land, railway, canal or navigation, whether below or above ground, in like manner as it applies to the execution of works in, under, along or across any street or public bridge.

Power to hold lands.

99.—Notwithstanding anything in the Lands Clauses Acts or in any other Act or Acts to the contrary, the Commissioners may retain hold and use for such time as they may think fit, and may from time to time sell lease exchange or otherwise dispose of in such manner and for such consideration and purpose and on such terms and conditions as they may think fit the lands houses and property described in Schedule “B” to this Act annexed.

North Sloblands as and when reclaimed for purposes of undertaking.

100.—The Commissioners may from time to time sell such portion of the area known as the North Sloblands described in Work No. 5 as and when reclaimed as the Commissioners in their discretion may from time to time determine are not required for the purposes of maintaining and improving the port and harbour of Dundalk, and shall apply the proceeds of such sale in reduction of the moneys to be borrowed by them under the powers by this Act conferred on them, or in the extension or preservation of the works by this Act authorized, or for the purpose of extraordinary repairs of the harbour and works connected therewith or other extraordinary expenses incident to the management, improvement or extension of the said harbour and the works connected therewith.

Power to Commissioners to enlarge or improve existing quays, etc., and toconstruct new quays, docks, etc.

101.—The Commissioners may, subject to the provisions of this Act, from time to time and at all times hereafter extend, enlarge, alter or improve any existing quay, wharf, pier, jetty or landing-place, and may construct, make and maintain within the limits of the port and harbour such docks, graving-docks, and such new quays, wharves, piers, jetties, landing-places, roads, approaches and other works necessary for the public convenience as they shall think fit; and may from time to time extend, enlarge, alter or improve same: Provided always that the Commissioners shall not, under the powers in this section contained, construct or make any works extending below high water mark at ordinary spring tides unless the plans for the same shall have been first submitted to and approved by the Minister for Industry and Commerce.

Consent of Minister for Industry and Commerce to certain works.

102.—(1) Where any of the works authorised by this Act is to be constructed on, over or under tidal lands below high water mark of ordinary spring tides the construction thereof shall be subject to the consent of the Minister for Industry and Commerce and every such work to be so constructed as aforesaid shall be constructed in accordance with such plans and sections as the Minister for Industry and Commerce may approve, and subject to such restrictions (if any) and regulations as the said 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 for Industry and Commerce and shall be made in accordance with plans and sections approved by him.

(3) Where any such work as aforesaid—

(a) is commenced without the consent of the Minister for Industry and Commerce, 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 Industry and Commerce for the alteration or extension of such work,

the Minister for Industry and Commerce may at the cost of the Commissioners 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 Commissioners to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

Power to Minister make surveys, etc.

103.—The Minister for Industry and Commerce may at any time at the cost of the Commissioners make a survey and inspection—

(a) of the intended site of any of the works authorised by this Act, or

(b) of any of the works authorised by this Act,

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

Power to Minister to remove abandoned or decayed works.

104.—(1) Where any of the works authorised by this Act constructed on, in, over, through or across any tidal lands or tidal water is abandoned by the Commissioners or allowed by them to fall into decay, the Minister for Industry and Commerce may at the cost of the Commissioners—

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

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

(2) The amount of any such cost as aforesaid shall be a debt due by the Commissioners to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

Certain lands reclaimed to belong to the State.

105.—If in the course or by means of the execution of any of the works authorised by this Act any part of the shores or bed of Dundalk Harbour or of the sea beyond the mouth thereof which by Article 11 of the Constitution belong to Saorstát Eireann shall be inned, gained or reclaimed from the water the Commissioners 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 Commissioners to take, enter upon, or interfere with the lands so inned, gained or reclaimed for any purpose save in pursuance of a grant to them of such lands by way of lease or licence under the provisions of the State Lands Act, 1924 or any Act amending or extending the same,

Provision against danger to navigation.

106.—If any of the works authorised by this Act or any Part of any such work is injured or destroyed or falls into decay the Commissioners shall lay down such buoys, exhibit such lights or take such other means for preventing so far as may be danger to navigation as shall from time to time be directed by the Commissioners of Irish Lights or other the general lighthouse authority for the time being and shall apply to that authority for directions as to the means to be taken and the Commissioners shall be liable to a penalty not exceeding ten pounds for every month during which they omit so to apply or refuse or neglect to obey any direction given in reference to the means to be taken.

Duty on Commissioners to keep lifebuoys, etc.

107.—The Commissioners 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 for Industry and Commerce a sufficient number of lifebuoys and lines in good order, and fit and ready for use.

Duty on Commissioners to exhibit lights during construction, etc., of works.

108.—(1) It stall he the duty of the Commissioners during the whole time of constructing, altering or extending any of the works authorised by this Act below high-water mark to exhibit and keep burning at their own expense at or near any such work in course of construction, alteration or extension every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

(2) It shall be the duty of the Commissioners to exhibit and keep burning at their own expense at the outer extremity of every work (when completed) authorised by this Act every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

(3) If and whenever the Commissioners fail to comply with any of the provisions of this section they shall for each day in which they so fail be liable to a penalty not exceeding twenty pounds recoverable in a court of summary jurisdiction.

Cables, pipes or wires under or across tidal waters.

109.—Notwithstanding anything contained in this Act any cables, pipes or wires to be laid or placed by the Commissioners 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 for Industry and Commerce may require.

Restrictions on displacing persons of working class.

110.—(1) The Commissioners shall not under the powers of the Act purchase or acquire in any local area any house or houses which on the twentieth day of May One thousand nine hundred and twenty-four 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 Commissioners 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 twentieth day of May, 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 he 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 modifications of any scheme or subject to which he may have dispensed with the above-mentioned requirement shall be enforceable by a writ of mandamus to be obtained by the said Minister out of the High Court.

(5) If the Commissioners 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 they shall be liable to a penalty of five hundred pounds in respect of every such house, which 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 fill reduce such penalty.

(6) For the purpose of carrying out any scheme under this section the Commissioners may appropriate any lands for the time being belonging to them or which they may have power to acquire and may purchase such further lands as they may require and for the purpose of any such purchase sections 202, 203 and 214 of “The Public Health (Ireland) Act, 1878,” as amended by any subsequent enactment shall be incorporated with this Act and shall apply to the purchase of lands by the Commissioners for the purposes of any scheme under this section in the same manner in all respects as if the Commissioners 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 Commissioners may on any lands belonging to them or purchased or acquired under this section or any 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 they may be authorised to raise or apply for the general purposes of their undertaking: Provided that all lands on which any buildings have been erected or provided by the Commissioners 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 direct any inquiries to be hold which he may deem necessary in relation to any scheme under this section, and the inspectors of the said Minister shall for the purposes of any such inquiry have all such powers as they have for the purposes of inquiries directed by the said Minister under “The Public Health (Ireland) Act, 1878.”

(9) The Commissioners shall pay to the said Minister a sum to be fixed by that, Minister in respect of the preparation and issue of any Provisional Order in pursuance of this section and any expenses incurred by that Minister in relation to any inquiries under this section including the expenses of any witnesses summoned by the inspector and a sum to be fixed by that Minister not exceeding three guineas a day for the services of such inspector.

(10) Any houses purchased or acquired by the Commissioners 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 twentieth day of May 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 or rural district, borough or county borough; the expression “house” means any house or part of a house occupied as a separate dwelling; and the expression “working class” means mechanics, artizans, 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 thirty shillings a week and the families of any such persons who may be residing with them.

Expenses of Act.

111.—The costs, charges and expenses of and incident to the applying for, obtaining and passing this Act shall be paid by the Commissioners out of the monies received or to be received or raised by virtue of this Act.

Repeal of so much of 30 and 31 Vict., c. 183 and 36 and 37 Vict., c. 174 as is repugnant to transfer of lands from Dundalk Newry and Greenore Railway Company.

112.—As and from the date of any conveyance or assurance from the Dundalk Newry and Greenore Railway Company to the Commissioners of any of the lands by this Act authorised to be acquired by the Commissioners, so much of the Dundalk and Greenore Railway Act 1867 and of the Dundalk Newry and Greenore Railway Act 1873 as is repugnant to or might operate to prevent the transfer to and vesting in the Commissioners of such lands with the, railway sidings and other conveniences thereon for the purposes of the undertaking by this Act authorised, and the occupation, use, maintenance and management by the Commissioners of the same, shall be, and the same is, but only for the purpose aforesaid and not further or otherwise, hereby repealed; and the powers of purchasing, acquiring and holding the same shall be and the same are hereby transferred from the Dundalk Newry and Greenore Railway Company to the Commissioners: Provided always that this section shall cease to be operative after ten years from the passing of this Act, if within such time the Commissioners shall not have exercised the powers for compulsory acquisition of any of the said lands.

Short title.

113.—In citing this Act for any purpose whatever it shall be sufficient to use the expression “The Dundalk Harbour and Port Act, 1925.”

The SCHEDULES hereinbefore referred to.

SCHEDULE “A”

RATES CHARGEABLE AT THE PORT OF DUNDALK.

MAXIMUM RATES PAYABLE ON GOODS.

s. d.

Acids, per cwt.

0 1

Acorns, per cwt.

0 1

Aerated Waters, per cwt.

0 1

Alabaster, per ton

0 6

Alcohol, per cwt.

0 3

Ale or Beer, per cwt.

0 1

Alkali, per ton

0 9

Almonds, per ton

2 0

Aloes, per cwt.

0 2

Alum, per cwt.

0 0¾

Amber, per cwt.

0 3

Ammonia, per cwt.

0 2

Do. Sulphate of, per ton

1 6

Anchors, per cwt.

0 1

Anchovies, per cwt.

0 2¼

Animals, wild, each

2 0

Animals, stuffed, per cwt.

0 2

Aniseed, per cwt.

0 2

Annatto, per cwt.

0 2

Antimony, per cwt.

0 2

Anvils, per cwt.

0 1½

Apparel, per cwt.

0 2

Apples or Pears, per cwt.

0 1

Arrowroot, per cwt.

0 1½

Arsenic, per cwt.

0 2

Asbestos roofing materials, per ton

0 9

Asbestos Cement, per ton

0 7½

Ashes, pot or pearl, per cwt.

0 2

Asphalte, per ton

0 7½

Asses, each

0 9

Axles, per ton

3 0

Bacon, per ton

1 0

Bags or Sacks, new, per cwt.

0 1½

Do. old, per cwt.

0 1½

Bags imported containing goods to be charged same rates as goods.

Bagging, nail, per cwt.

0 1

Baking Powder, per cwt.

0 0¾

Banding, per cwt,

0 2

Barilla, per ton

1 0

Bark, per ton

0 9

Bark, druggist's, per cwt.

0 2¼

Barley, manufactured, per cwt.

0 1

Do. unmanufactured, per ton

0 7½

Barm, per cwt.

0 1

Balloons, per cwt.

0 3

Barytes, per ton

0 9

Basic slag, per ton

0 7½

Baskets, per cwt.

0 2¼

Battens

Batten ends } per load of 50 cubic feet

0 9

Baywood, per cwt.

0 1¼

Beans, per ton

0 7½

Bearers or Blocks, per ton

0 7½

Beech, logs and beams, per load of 50 cubic feet

0 9

Beef, per cwt.

0 1

Beer or Ale per cwt.

0 1

Beeswax, per cwt.

0 1½

Beehives, per cwt.

0 1½

Beetroot, per ton

0 4½

Bells, per cwt.

0 2

Bell-metal, per cwt.

0 2

Bellows, per cwt.

0 1½

Bent, per ton

0 7½

Berries, juniper, per cwt.

0 1

Birch, billets, per load of 50 cubic feet

0 9

Birds, stuffed, per case

0 9

Biscuits, per ton

1 6

Bitumen, per ton

0 7½

Blacking, per cwt.

0 1½

Black lead, per cwt.

0 2

Blankets, per cwt.

0 2

Bladders, per cwt.

0 1½

Bleaching powder, per ton

1 0

Blocks for ships, per cwt.

0 1½

Blood, per cwt.

0 1

Blubber, per cwt.

0 1

Blue, per cwt.

0 1

Boards, planed, per load of 50 cubic feet

1 3

Boards, mill, per cwt.

0 1¼

Boards, drapers, per cwt.

0 1½

Boats, each

3 0

Bobbins, per cwt.

0 1½

Bobbin blocks, per ton

0 9

Bog Ore, per ton

0 3

Bogwood, per ton

0 4½

Boilers, steam, per cwt.

0 1¼

Boiler Composition, per ton

0 7

Bolts, per ton

0 9

Bones, per ton

0 6

Bone Dust and Artificial Manures, per ton

0 9

Bonnets, per cwt.

0 3

Books, per cwt.

0 3

Bosses, per cwt.

0 1½

Bottles, per cwt.

0 1

Bowls, wood, per cwt.

0 1

Boxes, wood, per ton

0 9

Boxwood, per cwt.

0 1

Bran, per ton

0 6

Brandy, per ton

3 0

Brass, per cwt.

0 1¼

Bread, per cwt.

0 1¼

Brick, Fireclay, per ton

0 7½

Do. Bath, per cwt.

0 1¼

Do. Building, common, per ton

0 4½

Brimstone, per ton

0 9

Bristles, per cwt.

0 2½

Brooms, per cwt.

0 1½

Brush or broom handles, per cwt.

0 1

Brush heads and stocks, per cwt.

0 1

Brushes, per cwt.

0 2½

Buckets, wood and metal, per cwt.

0 1½

Bullion, per package

3 0

Bulrushes, per cwt.

0 1

Burnt Ore, per ton

0 3

Burr Stones, per cwt.

0 1

Bushes or cart boxes, per ton

0 9

Butter and Butterine, per ton

2 0

Buttons, per cwt.

0 2

Buffers, railway, per cwt.

0 1¼

Cables, chain, per cwt.

0 1¼

Do. hemp, per ton

1 6

Calicoes or cotton goods, per cwt.

0 2½

Calves, each

0 3

Cambooses, per cwt.

0 1½

Camomile, per cwt.

0 2½

Camphor, per cwt.

0 2½

Camwood, per cwt.

0 1½

Candles, per cwt.

0 2½

Candlewick, per cwt.

0 1½

Candy sugar, per cwt.

0 2½

Cane reeds, per cwt.

0 1½

Cane, per cwt.

0 1½

Cannons, per cwt.

0 1½

Canvas (sail cloth only), per cwt.

0 1½

Caps, boys, per cwt.

0 2½

Caravans, each

7 6

Cars, jaunting, each

3 9

Carbide of Calcium, per cwt.

0 2½

Carbo-Limo, per ton

0 9

Carboys, per ton

0 9

Cardboard boxes, per cwt.

0 1½

Cards, per cwt.

0 1½

Carpeting, per cwt.

0 2½

Carriages, four-wheeled, each

7 6

Do. two-wheeled, each

3 9

Do. Railway and tramway, per cwt.

0 1½

Carriage Wheels, railway, per cwt.

0 1½

Carrots, per ton

0 7½

Carts, each

1 6

Carts, hand, each

0 9

Cart Felloes, per 1,000

2 6

Casks, empty, per ton

0 9

Cassia, per cwt.

0 2½

Catechu, per cwt.

0 2½

Catgut, per cwt.

0 3

Cattle, each

0 6

Do. food, per cwt

0 1

Do. spice, per cwt.

0 1½

Cedarwood, per cwt.

0 1¼

Cement, per ton

0 7½

Chaff, per ton

0 7½

Chains, of all kinds, per cwt.

0 1¼

Chalk, per ton

0 7½

Charcoal, per ton

0 7½

Chemicals, per cwt.

0 2¼

Cheese, per cwt.

0 2¼

Chicory, per cwt.

0 2¼

Chimney Pieces, per cwt.

0 1½

Chimney Cans, per cwt.

0 1

China, per cwt.

0 2½

Chocolate, per cwt.

0 2½

Chronometers, per cwt.

0 3

Churns, per cwt.

0 1½

Cider, per cwt.

0 1

Cigars, per cwt.

0 3

Cinders, per ton

0 3

Cinnamon, per cwt.

0 2½

Citron, per cwt.

0 2½

Clap Boards, per cwt.

0 1

Clay, pipe, per ton

0 4½

Clay, fire, per ton

0 3

Do. common, per ton

0 3

Do. china, per ton

1 0

Clocks, per cwt.

0 3

Clogs and Clog Soles, per cwt.

0 1¼

Clover Seeds, per ton

2 0

Cloves, per cwt.

0 2½

Coal or culm, per ton

0 4½

Do. dust, per ton

0 7½

Cochineal, per cwt.

0 2½

Cocoa, per cwt.

0 1½

Do. shell, per cwt.

0 1

Do. fibre, per cwt.

0 1

Codilla, per cwt.

0 1

Coffee, per cwt.

0 1½

Coke, per ton

0 4½

Coir Rope, per ton

1 6

Do. yarn, per cwt.

0 0¾

Colours, per cwt.

0 1¼

Combs, per cwt.

0 2½

Compasses, per cwt.

0 3

Composition, boiler, per ton

0 7½

Concrete blocks, per ton

0 7½

Confectionery, per ton

3 0

Copper, per cwt.

0 1½

Do, dross, per ton

0 6

Do, coin, per cwt.

0 3

Do, ore, per ton

0 9

Do, sulphate of, per ton

0 9

Cops, for Weavers, per cwt.

0 1½

Copperas, per ton

0 9

Coprolites, per ton

0 7½

Cordage, new, per ton

0 6

Do. old, per ton

0 9

Cordial, per cwt.

0 2½

Corkwood, per cwt.

0 1½

Corks, per cwt.

0 2½

Cork Cuttings, per cwt.

0 1

Corn Food or Flour, per cwt.

0 1½

Cottons, per cwt.

0 2½

Cotton Wool, per cwt.

0 2½

Do. Waste, per cwt.

0 0¾

Do. Silicate, per cwt.

0 1½

Do. raw, per ton

1 6

Cows, each

0 6

Cradles, per cwt.

0 3

Cranes or Windlasses, per cwt.

0 1½

Cream of Tartar, per cwt.

0 1½

Creosote, per cwt.

0 1

Crocks, per cwt.

0 1

Crowbars, per cwt.

0 1

Crucibles, per cwt.

0 1½

Cullet, per ton

0 7½

Culm, per ton

0 4½

Currants, per ton

2 6

Cutlery, per cwt.

0 3

Cylinders, per cwt.

0 1½

Cutch, per ton

0 9

Dates, per ton

3 0

Deals, per load of 50 cubic feet

0 9

Deer, each

0 9

Divi divi

0 1

Dogs, each

0 3

Draining Pipes, tiles and collars (agricultural, unglazed) per ton

0 4½

Drugs and chemicals, per ton

3 0

Dulse, per cwt.

0 1½

Dust, founders' and coal, per ton

0 7½

Do. millers', per ton

0 6

Dye-stuffs, per cwt.

0 1½

Dyeing woods of every kind, per cwt.

0 1

Dynamite, per cwt.

0 3

Electro-plated goods, per cwt.

0 3

Earth, fuller's, per ton

0 9

Do. wine, per cwt

0 1½

Earthenware, per cwt.

0 1¾

Eau-de-Cologne, per cwt.

0 3

Ebony, per cwt.

0 1½

Eels, per cwt.

0 1½

Eggs, per cwt.

0 0¾

Electric Cable, per cwt.

0 1¼

Emery, per cwt.

0 1¼

Emery cloth and paper, per cwt.

0 1½

Empty Casks, per ton

0 9

Do. Kegs, per ton

0 9

Do. Crates and Cribs, per ton

0 9

Do. Tins, boxes, hampers, per ton

0 9

Do. Mats, per ton

0 9

Do. jars, per ton

2 0

Engines, fire, per cwt.

0 1½

Do. steam, not railway, per cwt.

0 1½

Fans, for winnowing, per cwt.

0 1½

Farming implements, per ton

3 0

Farina, per cwt.

0 0¾

Feathers, per cwt.

0 3

Feeding, Meal, per ton

0 7½

Felt, per ton

0 9

Fenders, iron, loose, per cwt.

0 1½

Do. in packages, per cwt.

0 2½

Figs, per ton

3 0

Figures, per cwt.

0 3

Filtures, per cwt.

0 1¼

Filtering stones, per cwt.

0 1¼

Firearms, per cwt.

0 3

Fire-lights, per cwt.

0 1½

Firewood, per cwt.

0 1

Fireclay goods, not otherwise rated, per ton

0 9

Fish, dried, per ton

1 0

Do. fresh, per ton

1 10½

Do. and salmon, preserved, per cwt.

0 2¼

Flag stones, per ton

0 6

Flannels, per cwt

0 3

Flax, per ton

1 6

Do. straw, per ton

0 7½

Do. and waste, per ton

0 9

Flax-seed, per ton

0 7½

Fleshings, per ton

0 7½

Flint stones, per ton

0 4½

Flock, per cwt.

0 1½

Floor-cloth, per cwt.

0 2¼

Flour, per ton

0 9

Flower roots, per cwt.

0 1

Do. pots, stone, per cwt.

0 1

Do. pots, clay, per cwt.

0 1

Founder's dust, per ton.

0 7½

Fowl, per cwt.

0 1½

Do. coops, per ton

1 3

Freestone, per ton

0 6

Fruit, dried, per ton

3 0

Fruit, green, not otherwise rated, per cwt.

0 2¼

Do. preserved, per cwt.

0 1½

Fuel, patent, per ton

0 6

Furniture, new, per cwt.

0 2

Do. old, per cwt.

0 1½

Fustic, per cwt.

0 0¾

Galls, per cwt.

0 0¾

Gambier, per cwt.

0 1¼

Gamboge, per cwt.

0 2

Game, per cwt.

0 3

Gannister, per ton.

0 3

Garden seed, per cwt.

0 1½

Gas, carbonic acid, per cwt.

0 3

Gas Meters, per cwt.

0 2

Gas fittings, per ton

0 9

Geese. alive, per 100

0 6

Gentian root, per cwt.

0 2¼

Gigs, each

3 9

Gig shafts, per cwt.

0 1½

Gin and Geneva, per cwt.

0 2¼

Ginger, per cwt.

0 1½

Glass, per ton

3 6

Do. cloth and paper, per cwt.

0 1½

Glauber salts, per cwt.

0 1¾

Globes, per cwt.

0 2¼

Glucose, per cwt.

0 1

Gloves, per cwt.

0 3

Glue, per cwt.

0 1

Glycerine, per cwt.

0 1½

Goats, each

0 3

Gold leaf, per cwt.

0 3

Grains, per ton

0 3

Grapes, per cwt.

0 2¼

Grapes and forks, iron and steel, per cwt.

0 1½

Grass, foreign, per ton

0 7½

Do. seed, per ton

1 6

Grates, metal, per ton

0 9

Gravel, per ton

0 4½

Grease, per cwt.

0 0¾

Greaves, per ton

0 7½

Grindstones, per cwt.

0 0¾

Groats, per cwt.

0 0¾

Groceries, per cwt.

0 2

Guano, per ton

0 8

Gum, per cwt.

0 1¼

Gun stocks, per cwt.

0 1½

Gunpowder, per cwt.

0 3

Gun-cotton, per cwt.

0 3

Gutta-percha, per cwt.

0 2¼

Gypsum, per ton

0 6

Haberdashery, per ton

4 6

Hackles, per cwt.

0 2¼

Hair, curled, per cwt.

0 2¼

Hair, plasterer's, per ton

0 9

Hair-cloth, per cwt.

0 2¼

Hams, per cwt.

0 1

Hammocks, per cwt.

0 1½

Hampers, per ton

0 9

Handspikes, per cwt

0 1½

Hardware, per cwt.

0 2¼

Harmoniums, per cwt.

0 3

Harps, per cwt.

0 3

Harrows, per ton

3 0

Hats, per cwt.

0 3

Hay, per ton

0 6

Hay rakes, per cwt.

0 1¼

Heddles, loom, per cwt.

0 2¼

Hemp, per ton

1 6

Do. seed, per cwt.

0 1½

Herrings, salt, per ton

0 6

Do. smoked, per ton

0 6

Do. fresh, per cwt.

0 0¾

Hickory billets, per 120

1 0

Hides, cow or ox, per ton

1 6

Do. kips, per ton

1 6

Honey, per cwt.

0 1½

Hoofs and horns, per ton

0 7½

Hooks, reaping, per cwt.

0 1½

Hoops, wood, per cwt.

0 1

Hop bitters, per cwt.

0 0¾

Hops, per cwt.

0 3

Horses, mares, and geldings, each

1 0

Horses, rocking, per cwt.

0 2¼

Horse covers, per cwt.

0 2¼

Hosiery, per cwt.

0 3

Hurdles, wood, per ton

1 0

Ice, per ton

0 9

Iceland moss, per cwt.

0 2¼

Indian corn, per ton

0 4½

India rubber, per cwt.

0 3

Indigo, per cwt.

0 3

Ink, per cwt.

0 1½

Iron, sheet and plate, per ton

0 9

Do. castings

0 9

Do. pig, per ton

0 4½

Do. scrap, per ton

0 4½

Do. steel, per ton

0 9

Do. bolts, per ton

0 9

Do. Nailrod, per ton

0 9

Do. hoop, per ton

0 9

Do, wrought of all kinds, per ton

0 9

Do. ore, per ton

0 3

Do. dross and oxide of iron, per ton

0 4½

Do. bedsteads, per cwt.

0 2¼

Do. liquor, per cwt.

0 1

Do. borings, per ton

0 7½

Isinglass, per cwt.

0 3

Ivory, per cwt.

0 3

Do. black, per cwt.

0 1½

Jack screws, per cwt.

0 1½

Jars, per cwt.

0 1

Jewellery, per cwt.

0 3

Juice, lemon, lime and orange, cwt

0 1

Jute, per cwt.

0 0¾

Do. yarn, per cwt.

0 0¾

Kainit, per ton

0 7½

Kelp, per cwt.

0 0¾

Ketchup, per cwt.

0 2¼

Knees, wood, ship's, per ton

0 9

Kits, wood, per cwt.

0 0¾

Lace, per cwt.

0 3

Ladders, per cwt.

0 1¼

Ladles, wood, per cwt.

0 1¼

Lambs, each

0 1½

Lampblack, per cwt.

0 1½

Lamps, per cwt.

0 2¼

Lancewood, per cwt.

0 1¼

Lard, per cwt.

0 1¼

Lasts, shoemaker's, per cwt.

0 1½

Laths, per cwt.

0 1¼

Lathwood, per load of 50 cubic feet

0 9

Lead, per cwt.

0 0¾

Do. piping, per ton

1 6

Do. ore, per ton

0 6

Do. ashes, per ton

0 4½

Leather, per cwt.

0 2¼

Leather, scrap, per cwt.

0 1½

Do. waste, per ton

0 9

Leeches, per cwt.

0 2¼

Lemons, per cwt.

0 1½

Lemon juice, per cwt.

0 1

Lemonade, per cwt.

0 1

Lentils, per cwt.

0 0¾

Licorice juice and paste, per cwt.

0 2½

Do. root, per cwt.

0 1½

Lignum vitae, per cwt.

0 1

Lime, per ton

0 6

Do. putty, per ton

0 4½

Limestone, per ton

0 3

Do. shingle, per ton

0 1¼

Linen, per cwt.

0 2¼

Linseed cake, per ton

0 6

Do. meal, per ton

1 0

Liquor, printer's, per cwt.

0 1

Locust beans, per ton

0 7½

Logwood, per cwt.

0 0¾

Do. ground, per cwt.

0 1

Looms, all kinds, per cwt.

0 1½

Lorries, each

7 6

Luggage, per cwt.

0 3

Macaroni, per cwt.

0 2¼

Mace, per cwt.

0 2¼

Machinery and machines, per cwt.

0 1½

Madder, per cwt.

0 1½

Mahogany, per cwt.

0 1¼

Malt, per ton

0 6

Do. combings, per ton

0 6

Manganese, per cwt.

0 0¾

Mangel-wurzel, per ton

0 4½

Mangles, per cwt.

0 1½

Manna, per cwt.

0 2¼

Manure, common, per ton

0 1½

Do. artificial, or bone, per ton

0 8

Marble, per ton

1 6

Marbles, per cwt.

0 1¼

Margarine, per cwt.

0 1½

Marmalade, per cwt.

0 2¼

Mastic, per ton

0 7½

Masts, per load of 50 cubic feet

0 9

Matches, per cwt.

0 3

Mats, rush, bass, straw, or cane, per ton

0 9

Matting, hemp, etc., per cwt.

0 1½

Mattresses and paliasses, per cwt.

0 1¼

Meal, all kinds other than linseed, per ton

0 7½

Meat, coarse, per ton

0 7½

Do. preserved, per cwt.

0 1½

Medicine chests, per cwt.

0 2¼

Melons, per cwt.

0 2¼

Meters, gas

0 2¼

Methylated spirits, per cwt.

0 1½

Milk, preserved or condensed, per cwt.

0 1½

Millinery, per cwt.

0 3

Mill cans, per cwt.

0 1¼

Mills bark, per cwt.

0 1½

Mill stones, per cwt.

0 0¾

Mineral waters, per cwt.

0 2¼

Mirrors, per cwt.

0 3

Molasses, treacle, syrup, per cwt.

0 0¾

Mooring buoys, per cwt.

0 1¼

Mother-of-pearl shell, per cwt.

0 1½

Motor bicycles, each

3 9

Motor cars, each

7 6

Mules, each

0 9

Music, per cwt.

0 3

Musical instruments, per cwt.

0 3

Muslin, per cwt.

0 2¼

Mustard, per cwt.

0 1½

Mutton, per cwt.

0 0¾

Nails, per cwt.

0 1¼

Do. screw, per cwt.

0 2¼

Naphtha, per cwt.

0 1½

Nautical instruments, per cwt.

0 3

Needlework of all kinds, per cwt.

0 3

Newspapers and periodicals, per cwt.

0 2¼

Nets, per cwt.

0 1½

Non-enumerated parcels and packages, per cwt.

0 3

Nuts, hazel, hickory, etc., per cwt.

0 1¼

Do. cocoa, per cwt.

0 1½

Nutmegs, per cwt.

0 2¼

Oakum, per ton

0 7½

Oars and spars under 6 inches diameter, per 120

2 3

Do. above 6 inches and upwards, as timber

Oats, per ton

0 4½

Oil fuel, per ton

1 6

Do. paraffin and petroleum, per ton

1 6

Do. all others, per cwt.

0 1½

Oil-cloth, per cwt.

0 2¼

Onions, per ton

0 9

Oranges, per cwt.

0 1½

Ore, lead, per ton

0 6

Do. white, per ton

0 3

Organs, per cwt.

0 1½

Oxen, each

0 6

Oysters, per cwt.

0 1½

Paints, per cwt,

0 1½

Paling boards, per cwt.

0 0¾

Paper, brown, blue, and purple, shop, casing white shop, white and

coloured printing, news and blotting, per cwt.

0 1¼

Do. writing and all other, per cwt.

0 2¼

Do. tubes, per cwt.

0 1½

Do. cuttings, per ton

0 9

Do. pulp, per ton

0 9

Parchment cuttings, per ton

0 9

Parmatta leaves, per cwt.

0 0¾

Parsnips, per ton

0 7½

Patterns, per cwt.

0 3

Paying blocks, wood, per ton

0 9

Peas, split or green, per cwt.

0 0¾

Do. in quantity, not split or garden seed, per ton

0 7½

Peat moss litter, per ton

0 4½

Pepper, per cwt.

0 1½

Perambulators, per cwt.

0 2¼

Perfumery, per cwt.

0 3

Perns, per cwt.

0 1½

Perry, per cwt.

0 0¾

Pewter, per cwt.

0 0¾

Phaetons, each

7 6

Phosphate rock, per ton

0 6

Do. ground, per ton

0 9

Pianofortes, each

3 9

Pickaxes, per cwt.

0 1½

Pickles and Sauces, per cwt.

0 2¼

Pictures, per cwt.

0 3

Picture Frames, per cwt.

0 1½

Pigs, each

0 1½

Pins, per cwt.

0 2¼

Pitch, per ton

0 9

Plants, per cwt.

0 2¼

Plant, railway or contractor's, per cwt.

0 0¾

Plaster Casts, per cwt.

0 3

Plaster of Paris, per ton

0 6

Plate, per cwt.

0 3

Plated ware, electro, per cwt.

0 3

Ploughs, per ton

3 0

Plumbago, per cwt.

0 1¼

Polish, per cwt.

0 1½

Pollard, per ton

0 6

Pomegranates. per cwt.

0 2¼

Pork, per cwt.

0 0¾

Porter, per cwt.

0 0¾

Potatoes, per ton

0 4½

Pots and Pans, metal, per ton

0 9

Preserves, per cwt.

0 2¼

Printer's liquor, per cwt.

0 1

Prints, per cwt.

0 3

Propwood or pitwood, per ton

0 6

Prunes, per ton

3 0

Pumice Stone per cwt.

0 1½

Pumps, per cwt.

0 1½

Pulled rags, per cwt.

0 0¾

Putty, Glazier's, per cwt.

0 1½

Pyrites or Sulphur Ore, per ton

0 6

Quicksilver, per cwt.

0 3

Quills, per cwt.

0 3

Rabbits, per cwt.

0 1½

Rags, per ton

0 7½

Railway sleepers, per load of 50 cubic feet

0 9

Do. carriages, per cwt.

0 1½

Do. engines, per cwt.

0 1½

Do. waggons and trucks, per cwt.

0 1¼

Do. wheels, per cwt.

0 1½

Do. balls, chairs and fishplates, per ton

0 4½

Raisins, per ton

3 0

Rakes, garden, per cwt.

0 1¼

Ranges, kitchen, per cwt.

0 1½

Reeds, cane, per cwt.

0 1½

Do. weaver's, per cwt.

0 2¼

Rennet skins, per cwt.

0 2¼

Retort, glass and clay, per cwt.

0 0¾

Do. metal, per ton

0 9

Rice, per ton

1 6

Do. screenings, per ton

0 9

Rivets, per cwt.

0 1¼

Rods, basket, per ton

0 7½

Rollers, copper, per cwt.

0 2¼

Do. wood, per cwt.

0 0¾

Ropes, new, per ton

1 6

Do. old, per ton

0 9

Rosewood, per cwt.

0 1½

Resin, per ton

0 9

Rubbish, per ton

0 1½

Rum, per cwt.

0 1½

Rushes, per cwt.

0 0¾

Rye, per ton

0 7½

Sacks or Bags, per cwt.

0 1½

Sacking and hessian, per cwt.

0 1¼

Saddlery, per cwt.

0 3

Safes, per cwt.

0 2¼

Saffron, per cwt.

0 2¼

Safflower, per cwt.

0 2¼

Sago, per cwt.

0 1¼

Sails, per cwt.

0 2¼

Salt, per ton

0 4½

Do. Rock, per ton

0 3

Do. Cake, per ton

0 4½

Saltpetre, per ton

1 6

Salts, Bleacher's, per ton

1 0

Do. Glauber and Epsom, per cwt.

0 1

Sand, Moulding, per ton

0 3

Do. Glass or silver, per ton

0 7½

Do. Building, per ton

0 3

Sardines, per cwt

0 2¼

Sausages, per cwt.

0 1¼

Sawdust, per ton

0 3

Scales, per cwt.

0 2¼

Screws, deck and railway spikes, per cwt.

0 1½

Do. jack, per cwt.

0 1½

Scythes, per cwt.

0 1½

Scythe-stones, per cwt.

0 0¾

Seaweed, per cwt.

0 0¾

Seed, not garden, per cwt.

0 1½

Do, Clover, per cwt.

0 1½

Do. Flax, per ton

0 7½

Do. Garden, per cwt.

0 1½

Do. Hemp, per cwt.

0 1½

Do. Grass, per ton

1 6

Seeds, meal and shudes, per ton

0 7½

Senna, per cwt.

0 2¼

Shafts, gig, per cwt.

0 1½

Sheep and lambs, each

0 1½

Sheep dressing, per cwt.

0 1¼

Shellac, per cwt.

0 2¼

Shellfish of all kinds not otherwise rated, per cwt.

0 1½

Shells, fancy, per cwt.

0 2¼

Shoes and boots, per cwt.

0 2¼

Shoe pegs, per cwt.

0 1½

Shot, per cwt.

0 1¼

Shovels, wood, per cwt.

0 1¼

Show cards, per cwt.

0 2¼

Shower baths, per cwt.

0 2¼

Shuttles, per cwt.

0 1½

Sieves, per cwt.

0 2¼

Silk or satin, per cwt.

0 3

Silkworm gut, per cwt.

0 3

Silver ore, per ton

1 6

Sizing, per cwt.

0 1¼

Skins, kip, calf and sheep, per ton

1 6

Do. rennet, per cwt.

0 2¼

Slates, per ton

0 4½

Do. writing, per cwt.

0 1½

Slate slabs, per ton

0 6

Smalts, per cwt.

0 1¼

Snaiths, per cwt.

0 0¾

Snakes, garden, per cwt.

0 1½

Snuff, per cwt.

0 3

Soap, per ton.

2 3

Do. black, per cwt.

0 0¾

Do. extract, per cwt.

0 2¼

Do. spent lye, per cwt.

0 0¾

Soda ash, per ton

0 9

Do. nitrate of, per cwt.

0 0¾

Soda, per ton

1 0

Soda-water, per cwt.

0 1¼

Soot, per ton

0 3

Spades and shovels, per cwt.

0 1¼

Spade, shafts, per cwt.

0 0¾

Spales, per cwt.

0 1½

Spars and oars under 6 inches diameter, per 120

2 3

Do. above 6 inches diameter, as timber

Specie, packages, each

3 0

Spectacles, per cwt.

0 3

Spelter, per cwt.

0 0¾

Spices, all kinds, per cwt.

0 2¼

Spindles, per cwt.

0 1½

Splints and skillets, per cwt.

0 1½

Spokes, coach and car, per 1,000

2 6

Sponge, per cwt.

0 3

Spoons, wood, per cwt.

0 1¼

Spouting wood, per cwt.

0 0¾

Starch, per cwt.

0 0¾

Stationery, per cwt.

0 3

Staves, per ton

0 7½

Steel, per ton

0 9

Sticks, walking, per cwt.

0 2¼

Stirks (young cows), each

0 6

Stones, broken, per ton

0 3

Do. flag, free, square sets, and granite, per ton

0 6

Do. paving, per ton)

0 3

Do. cutler's, per cwt.

0 2¼

Do. lithographic, per cwt.

0 1¼

Stoves, per cwt.

0 1½

Straw, per ton

0 6

Do. plait, per cwt

0 1½

Do. envelopes, per cwt.

0 0¾

Strickles, per cwt.

0 1¼

Sugar, all sorts, per ton

1 3

Do. candy, per cwt.

0 2½

Sulphur, per cwt.

0 0¾

Sumach, per ton

1 6

Tallow, per cwt.

0 1½

Tamarinds, per cwt.

0 1½

Tan forks, per cwt.

0 1½

Tanner's waste, per ton

0 7½

Tapioca, per cwt.

0 2¼

Tar, all kinds, per ton

0 7½

Tares and vetch, per ton

0 7½

Tarpaulins, per cwt.

0 1½

Tea, per ton

5 0

Telescopes, per cwt.

0 3

Terra, japonica, per ton

1 6

Terra alba, per cwt.

0 1¼

Terra cotta, per cwt.

0 1¼

Thread, per cwt.

0 1½

Tiles and pipes, sewer, per ton

0 7½

Do. ridge and common, per ton

0 4½

Tiles, flooring, per ton

0 4½

Do. paving, per ton

0 4½

Do. encaustic and tesselated, per ton

1 3

Timber of all kinds, per load of 50 cubic feet

0 9

Do. wrought, per load of 50 cubic feet

1 10

Tinware, per cwt.

0 1½

Do. plate, per cwt.

0 1¼

Do. block, per cwt.

0 2¼

Tinfoil, per cwt.

0 2¼

Tobacco, manufactured, per cwt.

0 3

Do. unmanufactured, per cwt.

0 1½

Do. pipes, per cwt.

0 1½

Tombstones, per cwt.

0 0¾

Tongues, per cwt.

0 1¼

Tortoiseshell, per cwt.

0 2¼

Tow, per ton

1 6

Toys, per cwt

0 2¼

Trees, or plants, per cwt.

0 2¼

Tree-nails, per 120

0 1½

Tripe, per cwt.

0 0¾

Trucks, railway, per cwt.

0 1¼

Trunks, per cwt.

0 2¼

Turf, per ton

0 4½

Turmeric, per ton

0 9

Turnips, per ton

0 3

Turpentine, per cwt.

0 1½

Turtles, per cwt.

0 2¼

Twigs, per cwt.

0 1½

Twine, per cwt.

0 1½

Types, per cwt.

0 1½

Umbrellas, per cwt.

0 2¼

Valonia, per cwt.

0 0¾

Varnish, per cwt.

0 2

Vegetables, per ton

0 7½

Velvet, per cwt.

0 3¼

Veneers, per cwt.

0 2¼

Vermilion, per cwt.

0 2¼

Vetches, per ton

0 7½

Vices, smith's, per cwt.

0 1½

Vinegar, per cwt.

0 1¼

Vitriol, per cwt.

0 0¾

Wax, paraffin, per cwt.

0 1½

Wadding, per cwt.

0 1½

Wash-boards, per cwt.

0 1½

Washing powder, per cwt.

0 2¼

Waste, flax, hemp and tow, per ton

0 9

Do. creosote. per cwt.

0 0¾

Do. cotton, per cwt.

0 0¾

Watch glasses, per cwt.

0 2¼

Wedges, ship's, per ton

1 0

Whalebone, per cwt.

0 2¼

Wheat, per ton

0 6

Wheels, coach and car, each

0 2¼

Wheel barrows, each

0 1½

Whelks, per cwt.

0 1½

Whips, per cwt.

0 3

Whisky, per cwt.

0 1½

Whisks, per cwt.

0 2¼

Whiting, per ton

0 5

Wick, candle or lamp, per cwt

0 1½

Window frames, per cwt.

0 1¼

Do. blinds, per cwt.

0 1½

Wine, per cwt.

0 2¼

Wire, iron, per ton

1 6

Do. brass and copper, per cwt

0 2¼

Do. cloth, per cwt.

0 2¼

Wood pulp, per ton

0 9

Wool, per cwt.

0 2¼

Woollens, per ton

4 6

Worsted yarn, per ton

1 6

Yams, per cwt.

0 1¼

Yarn, linen, cotton and worsted, per ton

1 6

Do. coil and jute, per ton

1 3

Yeast, per cwt.

0 0¾

Yellow metal, per ton

0 1¼

Zinc, sheet, per ton

1 5

SCHEDULE “B”

SITUATION

DESCRIPTION OF PROPERTY

TENURE

1. Townland of Townparks,

Quay Street, Sandhole, and

Barrack Street, Dundalk.

Plots of ground, including Old Dock,

Old Harbour Office and premises, site of six houses and five existing houses.

Land judges Conveyance of 29th July, 1898

2. Townland of Townparks,

Quay Street, Dundalk.

New Harbour Office, house and garden.

Lease for 999 years, Elizabeth M. Farrell to Commissioners, of 16th May, 1916

3. Townland of Townparks, Sandhole, Dundalk.

Plot of ground adjoining new Harbour Office.

Assignment, Patrick Kelly and others to Commissioners, of 31st May, 1920.

4. Townland of Townparks, Point Road, Dundalk.

Land containing 36 acres statute measure.

Lease for 999 years, Lord Roden to Commissioners, of 5th April, 1909.

5. Townland of Point.

Lands and premises known as “Patent Slip premises.”

Lease for 999 years, Lord Roden to Commissioners, of 26th March, 1908.

6. Townland of Townparks.

Land and slob containing 99 acres statute measure.

Lease for 999 years, Lord Roden to Commissioners, of 7th April, 1907.

7. Townland of Townparks.

Embankment or Sea Rampart and land with rights of accretion, etc., containing 100 acres statute measure or thereabouts.

Assignment, Sarah Dobbs and others to Commissioners, dated 4th January, 1918, of 176 acres statute measure (76 acres of which were subsequently sold to one Patrick Muckian).