Limerick Harbour Tramways Act, 1931

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No. 1 (Private) of 1931.

LIMERICK HARBOUR TRAMWAYS ACT, 1931.

ARRANGEMENT OF SECTIONS

No. 1 (Private) of 1931.

LIMERICK HARBOUR TRAMWAYS ACT, 1931.

AN ACT TO AUTHORISE THE CONSTRUCTION BY THE LIMERICK HARBOUR COMMISSIONERS OF TRAMWAYS CONNECTING THE PORT AND HARBOUR OF LIMERICK WITH THE RAILWAYS OF THE GREAT SOUTHERN RAILWAYS COMPANY; AND TO CONFER ADDITIONAL POWERS ON THE LIMERICK HARBOUR COMMISSIONERS FOR BORROWING AND SECURING THE REPAYMENT OF MONIES BORROWED FOR THE PURPOSES OF THE LIMERICK HARBOUR ACT, 1926 , AND TO ENABLE THE LIMERICK HARBOUR COMMISSIONERS TO APPLY PORTION OF SUCH MONIES FOR THE PURPOSES OF THIS ACT. [5th April, 1931.]

Preamble.

WHEREAS the Port and Harbour of Limerick is unconnected by railway with the railways of the Great Southern Railways Company and the trade of Limerick is by reason thereof at a great disadvantage:

AND WHEREAS the construction of the Tramways and Works hereinafter described in the County Borough of Limerick would remove that disadvantage and would be of local and public advantage:

AND WHEREAS Plans and Sections showing the lines and levels of the Tramways 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 County Registrar of the County of Limerick 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 by the Limerick Harbour Act, 1926 , powers were granted to the Limerick Harbour Commissioners to borrow any sum not exceeding £200,000 on the credit of the tolls and income receivable by the Commissioners and to secure the repayment of moneys borrowed under that Act by means of a sinking fund, and it was provided that certain sums should be appropriated thereto yearly during a period of fifty years from the date of the borrowing:

AND WHEREAS it is expedient that additional powers should be conferred on the Commissioners to enable them to borrow the said sum by such means as may be approved of by the Minister for Industry and Commerce:

AND WHEREAS it is expedient that powers should be granted to the Commissioners to apply a sum not exceeding £50,000 of the said sum of £200,000 in respect of the Tramways and Works authorised by this Act:

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:—

Short title.

1.—This Act may be cited as the Limerick Harbour Tramways Act, 1931.

Incorporation of Acts.

2.—The following Acts are (except where expressly varied by or inconsistent with this Act) incorporated with and form part of this Act:—

The Lands Clauses Acts as modified by the Acquisition of Land (Assessment of Compensation) Act, 1919 .

Interpretation.

3.—In this Act, unless the subject or context otherwise requires:

the expression “the Commissioners” means the Limerick Harbour Commissioners;

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “tolls and charges” means tolls, rates, dues and charges payable to the Commissioners in respect of the user of the Tramways authorised by this Act and of the carriage of merchandise thereon;

the expression “the Corporation” means the Mayor, Aldermen and Burgesses of Limerick acting by the Council;

the expression “mechanical power” means electrical and any other motive power not being steam or animal power;

the word “street” means any carriage way being a public highway or the carriage way of any bridge forming part of or leading to the same or any quay;

the expression “the Tramways” means the Tramway No. 1, the Tramway No. 1a, the Tramway No. 1b, the Tramway No. 2, the Tramway No. 2a, the Tramway No. 2b, the Tramway No. 2c, the Tramway No. 3, the Tramway No. 3a, the Tramway No. 3b, the Tramway No. 3c, the Tramway No. 3d, authorised by this Act and more particularly described in Section 4 of this Act.

Power to make tramways.

4.—Subject to the provisions of this Act the Commissioners may make, form, lay down and maintain, in the lines and according to the levels shown on the deposited Plans and Sections, with the powers of deviation specified and described therein the tramways hereinafter in this section described, with all proper rails, plates, works and conveniences connected therewith, including such electrical conductors, poles, posts, arms, brackets, cables, wires, feeder cables, junction boxes and other works and conveniences, on, under or over ground, as are required in connection therewith, for working the same by electrical power, and may enter upon, take and use any street delineated on the said Plans and Sections and described in the deposited Book of Reference as may be required for that purpose and may also purchase acquire and hold any other land delineated on the said Plans and Sections and described in the deposited Book of Reference and any easement over such land as may be required for that purpose (that is to say):—

TRAMWAY No. 1.—A single line, commencing by a junction with the existing line of the Great Southern Railways Company at a point one furlong and four chains, measured along a direction north to south, from the end of the cattle sidings of the Great Southern Railways Company's Goods Yard at Carey's Road, in the Parish of St. Michael's, County Borough of Limerick, running in a northerly direction parallel to the existing cattle sidings of the Great Southern Railways Company, crossing Carey's Road, and continuing through the field adjoining the Great Southern Railways Company's terminus at its south side, crossing through Dixon's Lane and Boherbuoy Road, into Upper Mallow Street, continuing along Upper Mallow Street, Mallow Street, and Lower Mallow Street, terminating at the junction with Tramway No. 2 on Mount Kennett Quay. Total length—6 furlongs and 8 chains.

TRAMWAY No. 1a.—A single line commencing by a junction with Tramway No. 1b, in the Parish of St. Michael's, County Borough of Limerick, running in a northerly direction as a siding parallel to and adjoining Tramway No. 1, terminating by a junction with Tramway No. 1b. Total length—1 furlong 0.2 chains.

TRAMWAY No. 1b.—A single line commencing near the commencement of Tramway No. 1, in the Parish of St. Michael's, County Borough of Limerick, running in a northerly direction, as a siding parallel to and adjoining Tramway Nos. 1 and 1a, terminating by a junction with Tramway No. 1. Total length—1 furlong 2.1 chains.

TRAMWAY No. 2.—A single line commencing on Bishop's Quay at Lower Cecil Street, Parish of St. Michael's, County Borough of Limerick, running parallel to the coping on Bishop's Quay, Mount Kenneth Quay, Steamboat Quay, crossing through Mullocks' Coal Yard and Lower O'Curry Street, terminating at the eastern boundary of Limerick Docks. Total length—2 furlongs and 6 chains.

TRAMWAY No. 2a.—A single line commencing at Lower Cecil Street, on Bishop's Quay, Parish of St. Michael's, County Borough of Limerick, running on Bishop's Quay and Mount Kennett Quay, parallel to adjoining and connected with Tramway No. 2, terminating at Mount Kennett Quay. Total length—1 furlong 1.3 chains.

TRAMWAY No. 2b.—A single line on Mount Kennett Quay, Parish of St. Michael's, County Borough of Limerick, and connecting Tramway No. 2 with the engine shed on Mount Kennett Quay. Total length—3 chains.

TRAMWAY No. 2c.—A single line commencing on Mount Kennett Quay, running on Mount Kennett Quay, and Steamboat Quay, Parish of St. Michael's, County Borough of Limerick, parallel to and connected with Tramway No. 2. Total length—7.2 chains.

TRAMWAY No. 3.—A single line commencing at the eastern boundary of Limerick Docks, on Lower O'Curry Street, in the Parish of St. Michael's, County Borough of Limerick, continuing along the south side of the Graving Dock, on the South Wharf of Limerick Docks, on the south side of the Wet Dock and the proposed Dock extension, terminating at a point 1 furlong and 3 chains west of the present western boundary of the Limerick Harbour Commissioners' property. Total length—3 furlongs 8.6 chains.

TRAMWAY No. 3a.—A single line commencing at the western end of the Goods Shed on the south wharf of the Wet Dock, continuing along the south wharf of the Wet Dock, and proposed dock extension, Parish of St. Michael's, County Borough of Limerick, terminating by a junction with Tramway No. 3. Total length—1 furlong 6.7 chains.

TRAMWAY No. 3b.—A single line commencing at a junction with Tramway No. 3, running on the western wharf of the proposed dock extension, Parish of St. Michael's, County Borough of Limerick, parallel to the coping, terminating by a junction with Tramway No. 3c. Total length—3.3 chains.

TRAMWAY No. 3c.—A single line commencing near the entrance of the proposed dock extension, continuing in a westerly direction parallel to the north-west wharf of the proposed dock extension, Parish of St. Michael's, County Borough of Limerick, terminating by a junction with Tramway No. 3. Total length—1 furlong and 08 chains.

TRAMWAY No. 3d.—A single line commencing by a junction with Tramway No. 3, in the Parish of St. Michael's, County Borough of Limerick, running in a westerly direction parallel to Tramway No. 3, terminating at a point 2 chains west of the present western boundary fence of the Commissioners. Total length—4 chains.

Power to construct depots, offices, etc.

5.—The Commissioners may construct maintain and hold any depôts, offices, yards, engine-houses, stables, carriage-houses, warehouses and other buildings and works necessary or useful for the purposes of the Tramways on any land purchased, acquired or leased by them under this Act or with the consent of the Corporation on any street which the Commissioners are by this Act authorised to enter upon, take and use.

Purchase of land by agreement.

6.—(1) The Commissioners may with the consent of the Minister purchase or take on lease by agreement and may hold any land not delineated on the deposited Plans and Sections and described in the deposited Book of Reference and they may on such lands, with the consent of the Minister construct, and maintain and hold any depôts, yards, engine-houses, stables, carriage-houses, warehouses and other buildings and works necessary or useful for the purposes of the Tramways.

(2) For the purposes of this section the Lands Clauses Acts are not incorporated with this Act.

Gauge.

7.—The gauge of the Tramways shall be five feet three inches.

Power to make tramways on level of streets.

8.—The Commissioners may in accordance with the deposited Plans and Sections construct and maintain the said Tramways across and on the level of the existing streets or any new road and so that the uppermost surface of the rail shall be on a level with the street excepting the portions of Tramway No. 1 from the point of commencement to its south intersection with Carey's Road and from its north intersection at Carey's Road to its intersection with Dixon's Lane and all of Tramway No. 1a and all of Tramway No. 1b.

Period for completion of tramways.

9.—The Commissioners shall complete and finish, ready for use, the Tramways and the proper equipment for working the same within five years from the date of the passing of this Act or such further period not exceeding two years as the Minister may by order (which he is hereby authorised on the application of the Commissioners to make) allow and on the expiration of the said period of five years or such further period as may be allowed by such order the powers by this Act granted to the Commissioners for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.

Provided that an order made in pursuance of the powers conferred by this section, shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it annulling such order such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

Consent of Minister for certain works.

10.—(1) Before commencing the construction of any works necessary for the use of electrical power the Commissioners shall submit to the Minister plans and specifications of such works, and the Minister may after consultation with the Electricity Supply Board approve of such plans and specifications with such modifications and additions, if any, as he thinks fit. The Commissioners shall not construct, maintain or alter such works save in accordance with the plans and specifications approved by the Minister and with any further directions modifying or adding to the same that the Minister may after consultation with the Electricity Supply Board give from time to time to the Commissioners with respect to the construction, alteration, and maintenance of such works.

(2) The Minister shall before approving of such plans and specifications or giving such directions invite representations thereon from the Corporation and from any company body or person supplying gas or water for public consumption in the County Borough of Limerick and shall give consideration to any such representations that may be made to him.

Power to break up streets, etc.

11.—The Commissioners, for the purpose of making, forming, laying down, maintaining and renewing the Tramways authorised by this Act, or any part or parts thereof respectively, or the cables or other works or conveniences in connection therewith, or any other buildings or works of which the construction is authorised by this Act may from time to time open and break up and where authorised by this Act alter the level of any street, subject to the following regulations:—

(1) They shall give to the borough surveyor of the Corporation notice of their intention, specifying the time at which they will begin to do so, and the portion of street proposed to be opened or broken up—such notice, except in cases of extreme urgency, to be given seven days at least before the commencement of the work.

(2) They shall not open, or break up, or alter the level of any footway or street, except under the superintendence and to the reasonable satisfaction of the Corporation unless the Corporation refuse or neglect to give such superintendence at the time specified in the Commissioners' notice, or discontinue the same during the work. It shall not be lawful for the Commissioners to sink or raise any street without bringing the whole surface to the same level, unless the Corporation shall otherwise direct.

(3) They shall pay all reasonable expenses to which the Corporation is put on account of such superintendence.

(4) They shall not, without the consent of the said borough surveyor open or break up at any one time a greater continuous length than 400 yards of any street.

(5) They shall not except with the consent of the Minister and subject to such terms and conditions as he after consultation with the Electricity Supply Board thinks fit interfere with any of the electric lines and works of the said Board.

Foundation of tramways.

12.—(1) The foundation of the Tramways shall consist of concrete of at least 7 inches in thickness, part reinforced with steel, and composed of one part best Portland cement to six parts clean gravel, broken stone and sand. Provided that, in respect of those portions of Tramway No. 1 from its commencement to its south intersection with Carey's Road and from its north intersection with Carey's Road to its intersection with Dixon's Lane, and in respect of Tramways No. 1a and No. 1b the foundation may consist of broken stone ballast and sleepers.

(2) So much of the Tramways as is laid in public thoroughfares shall be paved with block stone pavement concrete or asphalt between the rails and for a distance of at least eighteen inches outside the rails of the Tramways to the reasonable satisfaction of the borough surveyor of the Corporation. The surface of the street adjoining such pavement shall be properly made good by the Commissioners, and raised by them where necessary, and to the satisfaction of the borough surveyor. The Commissioners and the Corporation may from time to time enter into and carry into effect agreements for forming the foundation of the Tramways otherwise than as prescribed by this section.

Restoring street.

13.—When the Commissioners have opened or broken up any portion of any street they shall be under the following obligations, namely:—

(1) They shall with all convenient speed and within eight weeks at the most (unless the Corporation otherwise consents in writing) complete the work on account of which they opened or broke up the same, and (subject to the formation, maintenance, or removal of the Tramways) fill in the ground level, and make good the surface, and to the satisfaction of the borough surveyor of the Corporation restore the portion of the street to as good a condition as that in which it was before it was opened or broken up, and clear away all surplus paving or metalling material, or rubbish occasioned thereby, and in the case of any crossing broken up by the Commissioners, the Commissioners shall pave such crossing to the extent of the entire breadth of the street across which such crossing extends.

(2) They shall in the meantime cause the place where the street is opened, or broken up, to be fenced and watched, and to be properly lighted at night, and provide and maintain sufficient and proper means of passage and re-passage for all passengers, vehicular, animal, and public traffic along such street to the satisfaction of the said borough surveyor.

(3) They shall bear all reasonable expenses of the repair of that part of the street for six calendar months after the same is restored, so far as these expenses are increased by the opening or breaking up, the same to be certified by the said borough surveyor and whose certificate shall be conclusive.

(4) If the Commissioners fail to comply in any respect with the provisions of this section they shall for every such offence (without prejudice to any other remedy against them) be liable to a penalty not exceeding £10, and to a further penalty not exceeding £5 for each day on which any such failure continues after the first day on which the penalty is incurred, and any such penalty shall go and belong to the Corporation, and shall form part of the funds applicable to the maintenance of the streets.

Repair of part of street in the city where tramways are laid.

14.—The Commissioners shall, at their own expense, at all times, have, maintain, and keep in good condition and repair with such materials as the borough surveyor of the Corporation shall reasonably direct, and to his satisfaction and under his supervision, so much of the street whereon the Tramways are laid as lies between the rails of the Tramways and also so much of the street as extends eighteen inches beyond the outside of the rails of and on each side of the Tramways.

Agreements with the Corporation.

15.—The Corporation on the one hand, and the Commissioners on the other hand, may from time to time enter into and carry into effect, and from time to time alter, renew or vary contracts, agreements, or arrangements with respect to the forming, paving, metalling and keeping in repair, or in respect to altering the levels of the whole or any portion of any street on which the Commissioners are authorised to lay any Tramway and the proportion to be paid by either of them of the expense of such forming, paving, metalling, keeping in repair, or alteration of levels.

Saving rights of the Corporation.

16.—Nothing in this Act contained shall alter, abridge, or take away any of the rights, powers, or privileges of the Corporation or the Commissioners so far as their respective powers and jurisdiction over the streets are concerned, or the powers conferred on them for regulating the public traffic in the said streets by enacting bye-laws, or for the purpose of constructing, repairing and maintaining sewers, drains or ventilators, or laying down sewers, gas, water, or other main pipes or hydrants along or under any street, or widening, altering, diverting, or improving any street.

Provision as to gas and water-works apparatus for the supply of electricity, telegraphs, etc.

17.—For the purpose of making, forming, laying down, maintaining, repairing or renewing the Tramways or other works or conveniences or any part thereof, the Commissioners may from time to time where and so far as it is necessary or may appear expedient for the purpose of preventing frequent interruption of traffic by repairs or works in connection with the same, alter the position of any mains or pipes for the supply of water or gas or any tubes, wires or apparatus for any purpose other than telegraphic purposes, subject to the provisions of this Act and the restrictions hereinafter provided:—

(1) Before laying down the Tramways in any street in which any such mains, pipes, tubes, wires or apparatus may be laid, the Commissioners shall, whether they contemplate altering the position of such mains, pipes, tubes, wires or apparatus, or not give seven days' notice to the Corporation, or any company, body or person to whom such mains, pipes, tubes, wires or apparatus belong or by whom they are controlled, that the construction of the Tramway as proposed would endanger any such main or pipe, tube, wire or apparatus or interfere with or impede the supply of gas, water or electricity. The Corporation or such company, body or person (as the case may be), may give notice to the Commissioners to lower or otherwise alter the position of the said mains or pipes, tubes, wires or apparatus in such manner as may be considered necessary, and any difference as to the necessity of such lowering or alteration shall be settled in the manner provided in this Act for the settlement of differences between the Commissioners and any such company, body or person, and all alterations made under this section shall be made with as little detriment and inconvenience to the Corporation, or such company body or person to whom such mains or pipes, tubes, wires or apparatus may belong, or by whom the same are controlled, or to the inhabitants of the district, as the circumstances will admit, and under the superintendence of the borough surveyor of the Corporation or any such company, body or person, or of their or his surveyor or engineer, if they or he shall think fit to attend after receiving not less than 48 hours' notice for that purpose, which notices the Commissioners are hereby required to give.

(2) The Commissioners shall not remove or displace any of the mains or pipes, valves, syphons, plugs, tubes, wires, or apparatus, or any other works belonging to or controlled by the Corporation, or such company, body or person, or do anything to impede the passage of gas, water, or electricity, into or through such mains or pipes without the consent of the Corporation, or such company, body or person, or in any other manner than the Corporation, or such company, body or person, shall approve, until good and sufficient mains, pipes, valves, syphons, plugs and other works necessary or proper for continuing the supply of gas or water as sufficiently as same was supplied by the mains or pipes, tubes, wires, or apparatus proposed to be displaced or removed shall, at the expense of the Commissioners, have been first made and laid down in lieu thereof ready for use and to the reasonable satisfaction of the borough surveyor of the Corporation, or the surveyor or engineer of such company, body or person as the case may be, or in the case of disagreement between such borough surveyor or surveyor or engineer and the Commissioners as an engineer appointed by the Minister shall direct.

(3) The Commissioners shall not lay down any such mains or pipes contrary to the regulations of any Act relating to such company, body or person.

(4) The Commissioners shall make good all damage done by them in constructing the Tramways to all streets, mains, pipes, valves, syphons, plugs, tubes, wires, apparatus, works, and property belonging to or controlled by the Corporation, or any such company, body or person, and shall make full compensation to all parties for any loss or damage which may be sustained by reason of any interference with such property, or with the private service pipes or wires of any person supplied by the Corporation, or such company, body or person, with gas, water or electricity.

(5) Nothing in this section contained shall authorise the Commissioners to interfere with any of the electric lines or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as he after consultation with the said Board thinks proper.

Saving rights of the Minister for Posts and Telegraphs.

18.—Nothing in this Act contained shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as difined by the Telegraph Acts 1863 to 1928 or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts.

Protection of sewers in the city.

19.—(1) Where any of the Tramways or other works or conveniences authorised by this Act interferes with any sewer drain watercourse defence sub-way or work in or under any street and vested in or belonging to the Corporation the Commissioners shall not commence the work until they shall have given to the Corporation seven days' previous notice in writing of their intention to commence the same, with all necessary particulars relating thereto, nor until the Corporation shall have signified their approval of the same; unless the Corporation do not signify their approval, disapproval, or other directions within seven days after service of the said notice and particulars as aforesaid and the Commissioners shall comply with and conform to all reasonable directions and regulations of the Corporation in the execution of the said works, and shall provide by new, altered or sub stituted works in such manner as the Corporation shall reasonably require for the proper protection of and for preventing injury or impediment to the sewers and works hereinbefore referred to by or by reason of the Tramways, or such other works or conveniences and shall save harmless the Corporation against all and every expense to be occasioned thereby, and all such works shall be done under the direction, superintendence and control of the borough surveyor of the Corporation at the reasonable costs charges and expenses in all respects of the Commissioners and when any new altered or substituted works as aforesaid or any work or defence connected therewith shall be completed by or at the costs charges or expenses of the Commissioners under the provisions of this Act the same shall thereafter be as fully under the direction jurisdiction and control of the Corporation and be maintained by them as any sewer or works.

(2) Nothing in this section contained shall authorise the Commissioners to interfere with any of the electric lines or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as he after consultation with the said Board thinks proper.

Right of corporation and gas company to open roads.

20.—Nothing in this Act shall take away or abridge any power to open or break up any street along or across which the Tramways are laid, or any other power vested in the Corporation or in any company body or person for the purpose of laying down, repairing, altering or removing any sewers or main or pipe for the supply of water or gas or any tubes wires or apparatus for telegraphic electrical or other purposes; but in the exercise of such power the Corporation and every such company body or person save the Minister for Posts and Telegraphs shall be subject to the following restrictions:—

(1) They shall cause as little detriment or inconvenience to the Commissioners as circumstances will admit.

(2) Before they commence any such work whereby the traffic on the Tramways will be interrupted they shall (except in cases of urgency, in which case no notice shall be necessary) give to the Commissioners notice of their intention to commence such work, specifying the time at which they will begin to do so, such notice to be given forty-eight hours at least before the commencement of the work.

(3) They shall not be liable to pay to the Commissioners any compensation for unavoidable injury done to the Tramways or for loss of traffic occasioned by the execution of such work, or for the reasonable exercise of the power vested in them as aforesaid.

(4) Wherever for the purpose of enabling them to execute such work the Corporation or any such company, body or person shall so require the Commissioners shall either stop the traffic on the Tramways to which the notice shall refer, where it would otherwise interfere with such work, or shore up and secure the same at their own expense during the execution of the work, provided that such work shall always be completed by the Corporation or such company body or person with all reasonable expedition.

(5) The Corporation or any such company body or person shall not execute such work so far as it immediately affects the Tramways except under the superintendence of the Commissioners unless they refuse or neglect to give such superintendence at the time specified in the notice for the commencement of the work or discontinue the same during the progress of the work, and they shall execute such work at their own expense and to the reasonable satisfaction of the Commissioners.

Traffic not to be impeded.

21.—During the construction of any works authorised by this Act the Commissioners shall make such arrangements in relation to the execution of such works as may in the opinion of the Corporation be proper to prevent the traffic along the street from being unnecessarily interfered with.

The Commissioners to be responsible for damages.

22.—The Commissioners shall be answerable for all accidents damages or injuries happening through their wrongful acts or defaults or through the wrongful acts or defaults of any person having a contract with them or a sub-contract with their contractor or of any person employed by them for or in the execution of the works authorised by this Act; and they shall at all times save harmless and keep indemnified the Corporation their officers and servants of and from all losses damages and costs incurred as aforesaid, which the Corporation may incur or be liable for, or in respect of such damages or injuries or claims in respect thereof.

Excavated materials.

23.—Any paving metalling or material excavated by the Commissioners in the construction of their works from any street may be applied by the Commissioners so far as may be necessary in or towards the reinstating of such street and the maintenance for six calendar months after the completion of the Tramways of so much of the carriage-way of such street as the Commissioners are by the provisions of this Act required to maintain, and the Commissioners shall, if required, deliver the surplus paving metalling or material not used or required to be retained as aforesaid to the borough surveyor on behalf of the Corporation, provided that if within forty-eight hours after notice in writing to such borough surveyor that the surplus of such paving metalling or material is ready for removal such surplus is not removed the same shall absolutely vest in and belong to the Commissioners and may be dealt with removed and disposed of by them in such manner as they shall think fit.

Right as to street.

24.—Notwithstanding anything in this Act contained the Commissioners shall not acquire or be deemed to acquire any right other than that of user by their engines rolling stock horses carriages and servants of any street along or across which they may lay any Tramway.

Additional powers as to crossings and works.

25.—(1) The Commissioners may, subject to the consent of the Minister and of the Corporation and to the provisions of this Act, from time to time convert a single line into a double or interlacing line or vice versa and make all such crossings passing places sidings junctions and other works including turning loops and triangles at the termini in addition to those particularly specified in the deposited plans and sections and authorised by this Act, as may from time to time be necessary or convenient for the efficient working of the Tramways or any of them or for providing access to any carriage houses power house warehouses or works of the Commissioners or of any company body or person using premises adjoining the said Tramways Provided that the powers conferred by this sub-section shall not be exercised in respect of any part of Tramway No. 1 which is laid along any street.

(2) No line or work constructed under the provisions of this section shall be opened for public traffic, until the same has been inspected and certified to be fit for such traffic by an engineer to be appointed for such purpose by the Minister.

Temporary works.

26.—(1) When by reason of the execution of any work affecting the soil or surface of any street along which the Tramways are laid it is in the opinion of the Corporation necessary or expedient, or if and whenever it shall become necessary for the purpose of repair or other similar purposes temporarily to remove or close any part of the said Tramways the Commissioners may subject to the provisions of this section with the consent of the Corporation subject to such conditions and in accordance in all respects with such regulations as the Corporation may from time to time make, lay down and maintain for the time necessary but no longer on some other part of the same or on an adjoining part of the street or roadway a temporary Tramway instead of the part removed or discontinued and may, with the like consent, subject to the like conditions and in accordance with the like regulations maintain and use the same until the part so removed or discontinued is reinstated. If any difference shall arise between the Commissioners and the Corporation with respect to the reasonableness of any such conditions or regulations or with respect to the mode of constructing any temporary tramway under the authority of this section the same shall be settled by arbitration in manner hereinafter provided.

(2) The Commissioners shall not for the purposes of a temporary Tramway authorised by this section construct or maintain any works necessary for the use of electrical power except with the consent of the Minister and in accordance with any terms and conditions which he after consultation with the Electricity Supply Board thinks proper.

(3) The Commissioners shall not in the construction or maintenance of a temporary Tramway authorised by this section interfere with any of the electric lines or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as he after consultation with the said Board thinks proper.

Form of rail.

27.—The form of rail to be laid along or across any public street shall before being laid down be approved of by the borough surveyor of the Corporation, but in the event of the Commissioners being dissatisfied with his decision they shall be at liberty to appeal to the Minister whose decision shall be final. The Minister may from time to time, upon the application of the Corporation, require the Commissioners to adopt and apply such improvements in the Tramways including the rails thereof as experience may from time to time suggest having regard to the greater security of the public and advantage to the ordinary traffic, and the Commissioners shall with all reasonable despatch comply with any order made by the Minister for the purposes of carrying out any such improvement.

Carriages.

28.—(1) The Commissioners may use on the Tramways carriages or waggons with flange wheels or wheels suitable only to run on the rails prescribed by this Act, and subject to the provisions of the Act the Commissioners shall have the exclusive use of the Tramways for carriages or waggons with flange wheels or wheels suitable only to run on the prescribed rail.

(2) If any person uses the Tramways with carriages having flange wheels or wheels suitable only to run on the rails of the said Tramways without the consent of the Commissioners, he shall for each such offence be liable to a penalty not exceeding £10.

Motive power.

29.—The engines and vehicles used on the Tramways may, subject to the provisions of this Act, be moved by either animal or mechanical power.

Regulations for use of electrical power.

30.—(1) The exercise of the powers conferred by this Act with respect to the use of electrical power shall be in accordance with regulations made by the Minister under this Act.

(2) The Minister may by order after consultation with the Electricity Supply Board make regulations and may from time to time after like consultation rescind, modify or add to such regulations, for the purpose of securing that electrical power shall be used, under the powers conferred by this Act, with all reasonable and proper precautions against danger to the public or damage to the property of any company, body or person.

(3) The Minister shall in making such regulations and in rescinding altering or adding to same, have regard to the expense occasioned thereby to the Commissioners and to the effect thereof on the financial prospects of the Tramways.

(4) The Commissioners or any other company body or person using electrical power contrary to the provisions of this Act or any regulations made thereunder shall for every such offence be liable to a penalty not exceeding ten pounds, and also in the case of a continuing offence to a further penalty not exceeding five pounds for every day during which such offence continues after conviction thereof: provided always that whether such penalty has been recovered or not the Minister may, in case in his opinion the Commissioners or any company body or person using electrical power have or has made default in complying with the provisions of this Act or any regulations made thereunder or in case he is satisfied that the use of such power is a danger to the public, by order direct the Commissioners or such company body or person to cease to exercise the powers conferred by this Act with respect to the use of electrical power and thereupon the Commissioners or such company body or person shall cease to exercise the said powers and shall not again exercise the same or any of the same unless with the consent of the Minister which he is hereby authorised to give by order and subject to such terms and conditions as he may think fit.

Bye-laws.

31.—Subject to the provisions of this Act the Minister may from time to time make and when made may rescind annul or add to bye-laws with regard to any of the Tramways for all or any of the following purposes, that is to say:—

For regulating the use of the bell, whistle, or other warning apparatus;

For regulating the speed at which engines carriages or trucks shall be moved over the Tramway;

For providing that engines, carriages, and trucks shall be brought to a stand at the intersection of cross streets and at such places and in such cases of horses being frightened or of impending danger as the Minister may deem proper for securing safety;

For providing for the due publicity of all regulations and bye-laws in force for the time being in relation to the Tramways by exhibition of the same in conspicuous places on the carriages and elsewhere.

Any person offending against or committing a breach of any of the bye-laws made by the Minister under the authority of this Act shall be liable to a penalty not exceeding forty shillings.

Recovery of penalties.

32.—All the penalties under this Act may be recovered and enforced in manner directed by the Summary Jurisdiction Acts before a Court of Summary Jurisdiction.

Authentication of bye-laws.

33.—All orders and bye-laws made by the Minister under this Act shall be sealed with the Seal of the Minister for Industry and Commerce.

Provisions for securing maintenance of the tramways.

34.—The Commissioners shall at all times efficiently work the Tramways and shall at all times maintain and keep in good condition and repair and so as not to be a danger or annoyance to the ordinary traffic the rails of which the Tramways for the time being consist and the sub-structure upon which the same rest.

Running powers.

35.—The Commissioners may subject to the approval of the Minister from time to time enter into contracts agreements or arrangements with any company for the transfer sale leasing working use interchange of traffic management and maintenance of the Tramways and works or any part or parts thereof or for the supply of rolling stock necessary machinery and apparatus for the working and use of the same or to acquire running powers over the railways or tramways of any such company or to grant similar running powers over the Tramways of the Commissioners upon such terms as may from time to time be agreed upon and for the purposes aforesaid or any of them to lay down additional rails upon the authorised railways or tramways of such other company or any part thereof or upon the Tramways of the Commissioners and to enter into and carry into effect any such contracts agreements or arrangements in reference to such additional rails and the costs thereof.

For the protection of the Great Southern Railways Company.

36.—Notwithstanding anything in this Act or shewn on the deposited Plans or Sections to the contrary the following provisions shall unless it is otherwise agreed between the Commissioners and the Great Southern Railways Company (hereinafter called “the Company”) apply and have effect:—

(1) Before the Commissioners commence to open the ground or lay the Tramways upon any lands property of the Company they shall furnish to the chief engineer of the Company full detailed plans describing the work and any junction proposed with any of the lines or sidings of the Company and such work shall be executed with the approval of such chief engineer.

(2) In the event of any dispute arising between the Company and the Commissioners as to any matter such dispute shall be referred to an Arbitrator in a manner hereinafter provided.

Opening of tramways.

37.—(1) No part of the Tramways shall be opened for public traffic until the same has been inspected and certified to be fit for such traffic by an engineer to be appointed for such purpose by the Minister.

(2) Subject to the provisions of this Act, the provisions of the Regulation of Railways Acts 1840 to 1889 in regard to accidents and such of the other provisions thereof as the Minister may from time to time by order direct to be applicable to the Tramways shall apply to the Tramways, and in the construction of the said Acts, for the purposes of this Act the expression “Company” in the said Acts shall include the Commissioners.

Reservation of right of public to use streets.

38.—Nothing in this Act shall take away or abridge the right of the public to pass along or across every or any part of any street along or across which any Tramway is laid, whether on or off the Tramway, with carriages not having wheels suitable only to run on the rail of the Tramway.

Notices.

39.—With respect to notices and to the delivery thereof by or to the Commissioners the following provisions shall have effect, that is to say:—

(1) Every notice shall be in writing or in print or typewriting and if given by the Corporation shall be signed by the town clerk, and if given by the Commissioners or any company or person shall be signed by the secretary of the Commissioners or of such company or by such person.

(2) Any notice delivered to or by the Commissioners to or by the Corporation or to or by any company may be delivered by being left at the office of the Town Clerk or Secretary of the Corporation or company respectively, or of the Commissioners, as the case may be, or by being sent by post in a prepaid letter addressed to the Town Clerk of the Corporation or Secretary of the company or of the Commissioners respectively at his or their office.

Arbitration.

40.—In case any dispute or difference shall arise between the Corporation or any company surveyor or engineer body or person and the Commissioners as to the construction working or maintenance of the Tramways or any part thereof or the works connected with or incident thereto or as to the execution of any works by the Corporation company body or person which shall affect or interfere with the Tramways or any part thereof or necessitate the stoppage of the traffic on the Tramways or any part thereof or as to the state of repair of the Tramways or any part thereof or as to any matter or thing in relation to the construction and maintenance or working of the Tramways or any part thereof or the exercise of the powers conferred on the Commissioners or Corporation or any company body or person or with respect to any other subject or thing regulated by or comprised in this Act the same shall be referred to and settled and determined by an arbitrator to be appointed by the Minister upon the application of the Corporation or the Commissioners or any such company body or person as aforesaid and such arbitration shall be in accordance with the provisions of the Common Law Procedure Amendment Act (Ireland) 1856 and the arbitrator shall have authority to determine by whom the costs of such reference shall be paid.

Power to deviate in construction of street works.

41.—The Commissioners may in constructing the street works deviate from the lines thereof shown on the Deposited Plans to the extent of the limits of deviation marked on such Plans and may deviate from the levels of any of the street works shown on the Deposited Sections to any extent not exceeding two feet but not so as to increase the rate of inclination of the streets as shown on the Deposited Sections.

Owners may be required to sell parts only of certain lands and buildings.

42.—If in the construction of the Tramways sidings and street works hereby authorised or otherwise in exercise of the powers of this Act it may happen that portions only of the houses or other buildings or manufactories shown on the Deposited Plans may be sufficient for the purposes of the same, and that such portions may be severed from the remainder of the said properties without material detriment thereto notwithstanding section 92 of the Lands Clauses Consolidation Act, 1845 , the owners of and other persons interested in houses or other buildings or manufactories whereof parts only are required for the purposes of this Act may if such portions can in the opinion of the jury arbitrators or other authority to whom the question of disputed compensation shall be submitted be severed from the remainder of such properties without material detriment thereto be required to sell and convey to the Commissioners the portions only of the premises so required without the Commissioners being obliged or compellable to purchase the whole or any greater portion thereof, the Commissioners paying for the portions required by them and making compensation for any damage sustained by the owners thereof and other parties interested therein by severance or otherwise.

Commissioners empowered or may be required to underpin or otherwise strengthen houses near tramways.

43.—Whenever in order to avoid in the execution and maintenance of any works authorised by this Act injury to the houses and buildings within one hundred feet of the Tramways sidings or street works it may be necessary to underpin or otherwise strengthen the same the Commissioners at their own costs and charges may and if required by the owners or lessees of any such house or building shall, subject as hereinafter provided, underpin or otherwise strengthen the same and the following provisions shall have effect (that is to say):—

(1) At least ten days' notice shall unless in case of emergency be given to the owners, lessees and occupiers, or by the owners or lessees of the house or building so intended or so required to be underpinned or otherwise strengthened.

(2) Each such notice given by the Commissioners shall be served in manner prescribed by section 19 of the Lands Clauses Consolidation Act, 1845 , and if given by the owners or lessees of the premises to be underpinned or strengthened shall be sent to the principal office of the Commissioners.

(3) If any owner lessee or occupier of any such house or building or the Commissioners, as the case may require, shall within seven days after the giving of such notice give a counter-notice in writing that he or they, as the case may be, disputes the necessity of such underpinning or strengthening the question of the necessity shall be referred to the arbitration of an engineer to be agreed upon or in case of difference appointed at the instance of either party by the Minister.

(4) Such arbitrator shall forthwith upon the application of either party proceed to inspect such house or building and determine the matter referred to him and in the event of his deciding that such underpinning or strengthening is necessary he may and if so required by such owner, lessee or occupier shall prescribe the mode in which the same shall be executed and the Commissioners may and shall proceed forthwith so to underpin or strengthen the said house or building.

(5) The Commissioners shall be liable to compensate the owners, lessees and occupiers of every such house or building for any inconvenience loss or damage which may result to them by reason of the exercise of the powers granted by this enactment.

(6) If in any case in which any house or building shall have been underpinned or strengthened on the requisition of the Commissioners such underpinning or strengthening shall prove inadequate for the support or protection of the house or building against further injury arising from the execution or use of the works of the Commissioners then and in every such case unless such underpinning or strengthening shall have been done in pursuance of and in the mode prescribed by the arbitrator the Commissioners shall make compensation to the owners lessees and occupiers of such house or building for such injury provided the claim for compensation in respect thereof be made by such owners within twelve months and by such lessees or occupiers within six months from the discovery thereof.

(7) Nothing in this enactment contained nor any dealing with any property in pursuance of this enactment shall relieve the Commissioners from the liability to compensate under section 68 of the Lands Clauses Consolidation Act, 1845 , or under any other Act.

Use of tramways.

44.—The Tramways shall be used for merchandise traffic only.

Consent of Minister to schedule of rates, tolls, etc.

45.—(1) The Commissioners shall submit for the approval of the Minister a schedule of the maximum tolls rates and charges for the carriage of merchandise, haulage of vehicles, detention of vehicles under or awaiting loading, and for any other services or accommodation rendered by the Commissioners on or in connection with the Tramways, and the Minister may by order approve of such schedule with such modifications thereof, if any, as he thinks proper. The schedule shall in particular include the maximum proportions proposed to be contributed to and received out of any through rates which may from time to time be arranged.

(2) There shall be payable to the Commissioners such tolls rates and charges not exceeding the tolls rates and charges in the schedule approved by the Minister as the Commissioners may from time to time determine. The said tolls rates and charges shall form part of the general income of the Commissioners and shall be applied accordingly.

(3) The tolls rates and charges payable to the Commissioners under this Act shall for the purposes of sections 19 and 20 of the Limerick Harbour Act, 1926 , be deemed to be part of the tolls payable to the Limerick Harbour Commissioners under that Act, and the said sections shall be construed and have effect accordingly.

(4) The Commissioners shall as far as possible under the like circumstances afford equal facilities to and make similar arrangements with all companies, bodies or persons using the Tramways or works connected therewith.

Application of income to maintenance of tramways.

46.—(1) All monies received on foot of tolls rates and charges or otherwise as revenue under this Act shall form part of the income of the Commissioners, and such income shall be applicable by the said Commissioners, to the maintenance, renewal, repair and working of the Tramways and other works by this Act authorised in like manner as it is applicable to the maintenance of Limerick Harbour.

(2) The Commissioners shall prepare and keep accounts in respect of the Tramways in such form and including such particulars as the Minister may from time to time direct, and the Commissioners shall make such returns in respect of the Tramways, at such times, in such form and containing such particulars as the Minister may from time to time direct.

Additional powers of borrowing.

47.—In addition to and not in substitution for the provisions in the Limerick Harbour Act, 1926 , regarding the borrowing of any sum not exceeding the sum of £200,000 and the provisions therein regarding the repayment of the same, the Commissioners may borrow any part of the said sum and repay the same by any method of borrowing and repayment and subject to any terms and conditions that they may with the approval of the Minister agree upon with the lender.

Application of funds to construction of tramways.

48.—(1) Notwithstanding anything contained in section 14 of the Limerick Harbour Act, 1926 , the Commissioners may apply for the purposes of the construction of the Tramways and other works by this Act authorised any portion not exceeding £50,000 of the monies borrowed by them under the Limerick Harbour Act, 1926 .

(2) The Commissioners may apply to or towards the cost of the works authorised by this Act the whole or any part of the reserve in their hands at the date of the passing of this Act.

Reserve fund.

49.—(1) Notwithstanding anything contained in any existing Act or Order the Commissioners may from time to time retain out of their annual income or out of any available funds in their possession at the date of the passing of this Act and apply to the formation of a reserve fund for contingencies such sums as they with the consent of the Minister consider proper, and any sums so retained and applied shall, for the purposes of section 19 of the Limerick Harbour Act, 1926 , be deemed to be part of their annual expenditure.

(2) Any reserve fund for contingencies which the Commissioners have formed prior to the passing of this Act shall, to such amount thereof as the Minister may approve (which approval he is hereby authorised to give) notwithstanding anything in any existing Act or Order be deemed to have been lawfully formed by the said Commissioners and any sums applied to the formation of such a reserve fund shall for the purposes of section 19 of the Limerick Harbour Act, 1926 , be deemed to be part of their annual expenditure.

Restrictions on displacing persons of working class.

50.—(1) The Commissioners shall not under the powers of this Act purchase or acquire in any local area any house or houses which on the first day of January one thousand nine hundred and thirty-one 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 hereinafter in this section called “the said Minister” to a scheme for providing new dwellings for such number of persons as were residing in such houses on the said first day of January one thousand nine hundred and thirty-one 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 to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses or to the place of employment of such persons and to all the circumstances of the case; and

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

(2) The approval of the said Minister to any scheme under this section may be given either absolutely or conditionally and after the said Minister has approved of any such scheme he may from time to time approve either absolutely or conditionally of any modification 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 conform to standards to be approved by the said Minister and to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced. Provided that the said Minister may dispense with the last-mentioned requirement subject to such conditions (if any) as he may see fit.

(4) Any provisions of any scheme under this section or any conditions subject to which the said Minister may have approved of any scheme or of any modification of any scheme or subject to which he may have dispensed with the above mentioned requirement shall be enforceable by an order 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 purpose 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: provided that the Court may if it thinks fit 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 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 duly confirmed 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 monies which they may be authorised to raise or apply for the general purposes of their undertakings 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 on such conditions (if any) as he may see fit.

(8) The said Minister may direct inquiries to be held 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 the said Minister in respect of the preparation making and confirmation of any Provisional Order in pursuance of this section and any expenses incurred by the said 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 the said Minister 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 have been occupied on the said first day of January 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.

Saving rights of the State.

51.—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 rights 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.

Costs of Act.

52.—The costs and expenses of and incidental to the preparing, applying for, obtaining and passing of this Act, or otherwise in relation thereto shall be paid by the Commissioners either out of any moneys for the time being in their hands or out of the sum of £50,000 mentioned in section 48 of this Act.