Dundalk Harbour and Port Act, 1925
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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. |