Limerick City Management Act, 1934

FIRST SCHEDULE.

Provisions in relation to Abolished Bodies.

Transfer of property of abolished bodies.

1.—(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for any of the abolished bodies and all rights, powers and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the corporation for all the estate term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for such abolished body, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) All property transferred by this paragraph which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of any of the abolished bodies shall, upon the request of the Corporation made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of the Corporation.

(3) On and after the appointed day every chose-in-action transferred by this paragraph from an abolished body to the Corporation may be sued upon, recovered, or enforced by the Corporation in its own name and it shall not be necessary for the Corporation to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities of abolished bodies.

2.—(1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by any of the abolished bodies shall, on the appointed day, become and be the debt or liability of the Corporation and shall be paid or discharged by and may be recovered from or enforced against the Corporation accordingly.

(2) The abolition of an abolished body shall not invalidate or affect any paying order which may have been issued by such abolished body and not presented for payment before the appointed day, nor any authority given by such abolished body for the payment of the amount of such paying order, and the Corporation shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the appointed day.

Transfer of special powers of abolished bodies.

3.—Every power, right, privilege, and authority conferred on or vested in any of the abolished bodies, either alone or jointly with another abolished body or any other body, by or under any statute or by contract, agreement, or licence (not being a power, right, privilege, or authority arising under general statutory or other law by reason merely of such abolished body being a corporate body or a sanitary authority) and in existence immediately before the appointed day shall, on the appointed day, become and be transferred to and vested in the Corporation and shall thenceforth be exercisable by the Corporation accordingly, either alone or jointly as the case may require.

Preservation of continuing contracts.

4.—Every bond, guarantee, or other security of a continuing character made or given by any of the abolished bodies to another person or by any person to any of the abolished bodies and in force immediately before the appointed day and every contract or agreement in writing made between any of the abolished bodies and another person and not fully executed and completed before the appointed shall, notwithstanding the dissolution of such abolished body, continue in force on and after the appointed day but shall be construed and have efffect as if the name of the Corporation were substituted therein for the name of such abolished body, and such security, contract, or agreement shall be enforceable by or against the Corporation accordingly.

Continuance of bye-laws, etc.

5.—Every bye-law, rule, and regulation lawfully made by any of the abolished bodies and in force immediately before the appointed day shall, on and after that day and so far as it is not inconsistent with this Act, continue in force and have effect as a bye-law, rule, or regulation (as the case may be) made on the appointed day by the Corporation for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by such abolished body, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the appointed day may be recovered and enforced by the Corporation in the like manner and as fully as the same could have been continued, varied, revoked, recovered, or enforced by such abolished body if this Act had not been passed.

Continuance of resolutions, etc.

6.—Every resolution passed, order made, and notice served by any of the abolished bodies before the appointed day the operation, effect, or term of which has not ceased or expired before that day shall, on and after the appointed day and so far as is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the Corporation on the date on which the same was actually passed, made, or served by such abolished body and as if the functions, powers and duties of such abolished body were on the last-mentioned date, already transferred to the Corporation.

Continuance of pending legal proceedings.

7.—In every action, suit, prosecution or other proceeding which is pending on the appointed day in any court or tribunal and to which an abolished body is a party, the Corporation shall on the appointed day become and be a party in the place of such abolished body and such proceeding shall be continued between the Corporation and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such abolished body.

Admissibility in evidence of books of abolished bodies.

8.—(1) All books and other documents directed or authorised by or under any statute to be kept by any of the abolished bodies and which, immediately before the appointed day, would be receivable in evidence shall, notwithstanding the dissolution of such abolished body, be admitted in evidence after the appointed day as fully as if this Act had not been passed.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by any of the abolished bodies would, if verified in a particular manner by a particular officer of such abolished body, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the Corporation corresponding to such particular officer, be admitted, on or after the appointed day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.

Audit of accounts of abolished bodies.

9.—(1) The accounts of all receipts and expenditure of the several abolished bodies and of committees thereof and of the respective officers of such bodies and committees up to the appointed day shall, as soon as conveniently may be after that day, be audited and disallowances, surcharges Charges and penalties in relation to such accounts, receipts, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.

(2) Every officer of any of the abolished bodies or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the receipts or expenditure of such abolished body and also every member of any such abolished body or committee shall, until the audit of the accounts of such receipts and expenditure up to the appointed day is completed, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Officers of abolished bodies.

10.—(1) Every person who is, on the day before the appointed day an officer of an abolished body shall, on the appointed day, be transferred to the service of the Corporation and become and be an officer of the Corporation.

(2) Every person who is, immediately before the appointed day, an officer of a committee of an abolished body shall, for the purposes of this Act and in particular for the purposes of this paragraph be deemed to be an officer of such abolished body.

(3) Every officer of an abolished body or of a committee of an abolished body who is transferred by virtue of this paragraph to the service of the Corporation shall be entitled to reckon, for the purposes of the enactments relating to superannuation, his period of service with such abolished body or committee (as the case may be) and his period of service from the appointed day with the Corporation as one continuous period of service with the Corporation.

Preservation of contracts of service with abolished bodies.

11.—Every contract of service express or implied which is in force immediately before the appointed day between an abolished body and any person not being an officer of such abolished body shall continue in force on and after the appointed day, but shall be construed and have effect as if the Corporation were substituted therein for such abolished body, and every such contract shall be enforceable by or against the Corporation accordingly.