Eucharistic Congress (Miscellaneous Provisions) Act, 1932

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Number 7 of 1932.

EUCHARISTIC CONGRESS (MISCELLANEOUS PROVISIONS) ACT, 1932.

ARRANGEMENT OF SECTIONS

Number 7 of 1932.

EUCHARISTIC CONGRESS (MISCELLANEOUS PROVISIONS) ACT, 1932.

AN ACT TO MAKE CERTAIN MODIFICATIONS IN THE LAW FOR THE PURPOSES OF THE EUCHARISTIC CONGRESS TO BE HELD IN THE MONTH OF JUNE, 1932. [15th June, 1932.]

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

Definitions.

1.—In this Act—

the expression “the Congress period” means the period commencing on the 18th day of June, 1932, and ending on the 1st day of July, 1932;

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “driving licence” means a licence under section 3 of the Motor Car Act, 1903;

the expression “the Judge” means a Judge of the Circuit Court for the time being assigned to the Circuit which includes the County Borough of Dublin;

the expression “the Act of 1927” means the Intoxicating Liquor Act, 1927 (No. 15 of 1927); and

the expressions “licensing area”, “on-licence”, “hotel”, and “restaurant” have the same meanings as they have in Part II of the Act of 1927.

Exemption from motor car duty of omnibus imported for use during the Congress period.

2.—(1) Notwithstanding anything contained in section 56 of the Customs Consolidation Act, 1876 , and in section 11 of the Finance Act, 1928 (No. 11 of 1928), the Revenue Commissioners may admit without payment of the duty imposed by section 11 of the Finance Act, 1928 , as amended by or under any subsequent enactment any motor omnibus imported by a person resident in Saorstát Eireann during the Congress period which is intended to be exported after the expiration of the said period.

(2) The Revenue Commissioners may for the purposes of this section prescribe the conditions as to security, due exportation and otherwise to be observed by the importer, and if such importer fails to comply with those conditions he shall be guilty of an offence under the Customs Acts and shall be liable on summary conviction thereof to a fine equal to treble the value of the motor omnibus including the motor car duty imposed thereon by section 11 of the Finance Act, 1928 , as amended by or under any subsequent enactment, or at the election of the Revenue Commissioners to a fine of one hundred pounds and in any case the motor omnibus in respect of which the offence is committed shall be forfeited to the State.

(3) In this section the expression “motor omnibus” means a mechanically propelled vehicle which has seating accommodation for more than six persons exclusive of the driver.

Traffic regulations in Dublin City and County.

3.—(1) The Commissioner of the Gárda Síochana may make regulations for the general regulation and control of traffic on roads and for the prevention of obstruction or disorder thereon.

(2) Regulations made under this section may be limited in their application so as to apply:—

(a) to specified classes of traffic only;

(b) on specified roads or portion of roads only; and

(c) during specified periods or hours only.

(3) The power to make regulations under this section shall (without prejudice to the generality of such power) include power—

(a) to exclude traffic from roads;

(b) to appoint portions of roads to be used as parking places and to regulate the number of vehicles making use of such parking places and the conditions under which they may be used and to prohibit parking of vehicles in any portion of a road not so appointed;

(c) to prohibit the display on or in the neighbourhood of a road of any unauthorised notice giving any instruction or direction to traffic, and to provide for the immediate removal of any such notice;

(d) to prescribe the places at which and the maximum period for which omnibuses shall stop for the reception or setting down of passengers.

(4) Every person who does any act (whether of commission or omission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

(5) Regulations made under this section shall have effect only in the County and City of Dublin and shall remain in force during the Congress period only.

(6) In this section the expression “traffic” includes vehicles, and animals of every description, and pedestrians.

(7) Every regulation made under this section shall be published by the Commissioner of the Gárda Síochana in such manner as he deems best for giving notice to the public.

Use of unlicensed motor cars.

4.—(1) The Minister may by order authorise, subject to such conditions (if any) as the Minister may specify in such order, the use on public roads during the Congress period of mechanically propelled vehicles either generally or of any specified class or classes or any specified mechanically propelled vehicle notwithstanding that a licence under section 13 of the Finance Act, 1920 , as amended by subsequent enactments is not in force in relation to such vehicle.

(2) Where an order is made under this section it shall be lawful for any person subject to compliance with the conditions (if any) specified in such order to use during the Congress period, in case such order relates to mechanically propelled vehicles generally, any mechanically propelled vehicle, or, in case such order relates to mechanically propelled vehicles of a particular class, any mechanically propelled vehicle of that class, or, in case such order relates to a specified mechanically propelled vehicle, that mechanically propelled vehicle, notwithstanding that a licence under section 13 of the Finance Act, 1920 , as amended by subsequent enactments, is not in force in relation to such vehicle and that any regulations made under section 12 of the Roads Act, 1920 , are not complied with in relation to such vehicle.

Exemption from licensing of public service vehicles in Dublin Metropolitan Area.

5.—(1) During the Congress period it shall be lawful for any person subject to compliance with such regulations (if any) as may be made by the Commissioner of the Gárda Síochána to keep, ply, use or let to hire any vehicle in the Dublin Metropolitan Area notwithstanding that such vehicle is not licensed under Dublin Amended Carriage Act, 1854 , or that no Dublin Plate is fixed thereto or that no plates, labels or marks which are or may be required to be fixed, painted or marked on any such vehicle in pursuance of the provisions in that behalf in the Dublin Carriage Act, 1853 , are fixed, painted or marked thereon.

(2) In this section the expression “the Dublin Plate” has the same meaning as it has in the Dublin Carriage Act, 1853 .

(3) Every regulation made by the Commissioner of the Gárda Síochána under this section shall be published by him in such manner as he deems best for giving notice to the public.

(4) Nothing in this section shall render it lawful to use during the Congress period in the Dublin Metropolitan Area a mechanically propelled vehicle unless a licence under section 13 of the Finance Act, 1920 , as amended by subsequent enactments is in force in relation to such vehicle or such vehicle may, under the immediately preceding section, be so used notwithstanding that such a licence is not in force in respect thereof.

Driving of motor cars by unlicensed persons.

6.—(1) The Minister may by order authorise, subject to such conditions (if any) as the Minister may specify in such order, the driving by any person or any person belonging to a specified class of any motor car or any motor car of a specified class notwithstanding that such person is not the holder of a driving licence.

(2) Where an order is made under this section it shall be lawful for any person (other than a person who was the holder of a driving licence and whose licence is for the time being suspended under section 4 of the Motor Car Act, 1903, or a person who is for the time being disqualified under the said section 4 for obtaining a driving licence) to whom such order relates, subject to compliance with the conditions (if any) specified in such order, to drive during the Congress period, in case such order relates to any motor car, any motor car, or in case such order relates to a motor car of a specified class, any motor car of that class notwithstanding that such person is not the holder of a driving licence.

Exemption of unlicensed persons acting as drivers and conductors in Dublin Metropolitan Area.

7.—(1) During the Congress period it shall be lawful in the Dublin Metropolitan Area for any person to act as driver or conductor of any vehicle notwithstanding that such person is not the holder of a driver's licence or conductor's licence as the case may be granted under the Dublin Carriage Act, 1853 , or does not wear any badge of distinction which is required to be worn in pursuance of the said Act.

(2) Nothing in this section shall render it lawful for any person to drive during the Congress period in the Dublin Metropolitan Area a mechanically propelled vehicle unless such person is the holder of a driving licence or is exempted under the immediately preceding section from the obligation to hold a driving licence.

Area exemption orders.

8.—(1) The Judge may, upon the application of the officer in charge of the Gárda Síochana for any licensing area (including a licensing area outside the County Borough of Dublin), if he is satisfied that it is desirable in the public interest that such order should be made, grant in respect of such licensing area or any particular part thereof an order exempting, subject to compliance with such conditions as the Judge may think proper, all holders of on-licences attached to premises in such area or part during any specified hours on any specified day or days in the Congress period from the provisions of the Act of 1927, relating to prohibited hours in respect of such premises and, where any such order relates to several such days, different hours may be specified in respect of different days.

(2) Whenever an order under this section is granted the holder of an on-licence attached to premises in the area to which such order relates shall if and so long as he complies with the conditions (if any) attached to such order be exempt during the hours specified in such order from any penalty for contravention of the provisions of the Act of 1927, relating to prohibited hours in respect of such premises but not from any other penalty under the said Act or any other Act.

Special exemptions for hotels or restaurants in the neighbourhood of Dublin.

9.—(1) The Judge may, if he so thinks fit, on the application of any person who is the holder of an on-licence for premises which are an hotel or a restaurant and are situate within a radius of twenty miles from the General Post Office, Dublin, and after hearing the officer in charge of the Gárda Síochána for the licensing area in which such premises are situate, grant to such person, an order exempting, subject to compliance with such conditions as the Judge may think proper, such person during any specified hours on any specified day or days in the Congress period from the provisions of the Act of 1927 relating to prohibited hours in respect of such premises, and, where any such order relates to several such days, different hours may be specified in respect of different days.

(2) Any person to whom an order under this section has been granted shall, if and so long as he complies with the conditions (if any) attached to such order, be exempt during the hours specified in such order from any penalty for contravention of the provisions of the Act of 1927, relating to prohibited hours in respect of the premises to which the order relates but not from any other penalty under the said Act or any other Act.

(3) An order shall not be granted under this section unless the applicant therefor has, not less than forty-eight hours before making the application served upon the officer in charge of the Gárda Síochána for the licensing area in which the premises are situate a notice of his intention to apply for the order setting out his name and address and the premises and the times for which the order is sought.

(4) No special exemption order under section 5 of the Act of 1927, shall be made in relation to any premises which are an hotel or a restaurant and are situate in the Dublin Metropolitan Area in respect of the Congress period or any part thereof.

Occasional licences.

10.—The following provisions shall have effect in relation to every occasional licence granted under section 13 of the Revenue Act, 1862, as amended by subsequent enactments, which is granted to any person in respect of premises situate in the County Borough of Dublin and for a period beginning on or after the 18th day of June, 1932, and ending on or before the 1st day of July, 1932, that is to say:—

(a) such licence may be granted for any period not exceeding fourteen days;

(b) such licence may be granted to commence immediately on the expiration of another such licence previously granted to the same person in respect of the same premises notwithstanding that such previously granted licence has not expired;

(c) sub-sections (2) and (3) of section 6 of the Act of 1927 shall not apply in respect of such licence, but in lieu thereof it is hereby enacted that no such licence shall be granted without the previous consent of the Judge and such consent shall only be given by the said Judge after hearing the officer in charge of the Gárda Síochána for the licensing area;

(d) such licence may be granted in respect of and may extend (subject to or without any special conditions) to any time on Sundays;

(e) the said Judge may on the application of the officer in charge of the Gárda Síochána for the licensing area and after reasonable notice to the holder of such licence revoke such licence, if he is satisfied that breaches of the law relating to the sale of intoxicating liquor have occurred on or in relation to the premises to which such licence relates.

Prohibition of sale of intoxicating liquor during certain hours on the 26th June, 1932.

11.—(1) Notwithstanding anything contained in the Act of 1927, or in any occasional licence, or in any order made under this Act, it shall not be lawful for any person in the Dublin Metropolitan Area or in any part of the County Borough of Dublin which is outside the Dublin Metropolitan Area to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises on the 26th day of June, 1932, between the hours of two o'clock and six o'clock in the afternoon.

(2) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Sale of intoxicating liquor on certain vessels.

12.—(1) Nothing in the Licensing (Ireland) Acts, 1833 to 1929, shall be deemed to prohibit or restrict during the Congress period the sale of intoxicating liquor on vessels moored in Dublin Bay (including the harbours of Dublin and Dun Laoghaire) for the purposes of the Eucharistic Congress, ordered and paid for by persons bona fide residing on such vessels.

(2) In this section the word “vessel” does not include a passenger vessel as defined by section 52 of the Finance (1909-10) Act, 1910 .

Exclusion of portion of Congress period for purposes of legal proceedings.

13.—(1) The time of the prescribed period shall not be reckoned in the computation of the times appointed or allowed by rules of court for the giving of any notice, the doing of any act or thing, or the taking of any step in or in relation to any action or matter or legal proceeding of any kind.

(2) Where, by virtue of any enactment limiting the time within which any specified class of proceedings, whether civil or criminal, may be instituted, the time within which any particular proceedings may be instituted would, but for this section, expire during the prescribed period, such time shall be and is hereby extended up to and including the 30th day of June, 1932.

(3) In this section the expression “the prescribed period” means the period commencing on the 20th day of June, 1932, and ending on the 27th day of June, 1932.

Expenses.

14.—All expenses of carrying this Act into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

Short title.

15.—This Act may be cited as the Eucharistic Congress (Miscellaneous Provisions) Act, 1932.