Shannon Act, 1885

Maintenance of piers in case of default by pier authority.

15.(1.) If at any time it appears to the Lord Lieutenant that any one or more of the said piers is or are not maintained in a proper state of repair by any pier authority to whom the maintenance thereof has been committed in pursuance of this Act, the Lord Lieutenant may, if he thinks fit, signify the same to the Treasury, and the Treasury may thereupon, if they think fit, authorise the Commissioners of Works to execute any works which they may consider necessary for the purpose of putting such pier or piers as aforesaid in a proper state of repair, and to advance out of any moneys for the time being in their hands for the purpose of loans any sum or sums necessary for such works; and for the purpose of executing such works the Commissioners of Works shall be invested with all the powers of the pier authority.

(2.) Any sum or sums so advanced by the Commissioners of Works, together with interest thereon at the rate of three and a half per centum per annum, or such other rate as may in the judgment of the Treasury be necessary in order to enable such advance to be made without loss to the Exchequer, shall be repaid by the pier authority out of any moneys in their hands for the purpose of the maintenance of such pier or piers as aforesaid, and shall be a charge upon all tolls levied by such authority until the whole amount due in respect of the advance has been repaid; and such charge shall have priority over all other sums payable by such authority in respect of such maintenance, except any sums payable in respect of expenses incurred previous to the date of the said advance by the Commissioners of Works; and for the recovery of the said advance and the interest thereon, the Commissioners of Works shall have the like rights and remedies as if the sum or sums advanced had been borrowed by the pier authority in pursuance of this Act on the security of a mortgage of the said tolls.