Dundalk Harbour and Port Act, 1925
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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. |