Dundalk Harbour and Port Act, 1925
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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. |