Limerick Harbour Act, 1926

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Number 2 Private of 1926.


(Private) LIMERICK HARBOUR ACT, 1926.


ARRANGEMENT OF SECTIONS

Section

Preamble.

1.

Interpretation of terms.

2.

Commissioners empowered to construct new dock connecting passage and dock entrance to carry out reclamation, construct embankment and to acquire lands.

3.

Situation and description of works authorized.

4.

Powers to extinguish right of way.

5.

Power to divert sewer.

6.

Power to deviate.

7.

Period for completion of specified works.

8.

Period for compulsory purchase of lands.

9.

Power to purchase lands for extraordinary purposes.

10.

Borrowing powers.

11.

Notice of repayment of loan.

12.

Expenses of mortgages may be paid out of general funds.

13.

Provision for sinking fund for payment of money borrowed under this Act.

14.

Application of money borrowed.

15.

Power to re-borrow to pay off existing loan.

16.

Power to borrow on cash credit.

17.

Sinking fund may be applied in repayment of borrowed monies.

18.

Power to levy tolls.

19.

Minister for Industry and Commerce may revise rates.

20.

Collection of tolls.

21.

Superannuation allowances and gratuities.

22.

Inspection of accounts.

23.

Appointment of auditor.

24.

Audit of accounts of Commissioners.

25.

Caving rights of the State.

26.

Protection of the Minister for Posts and Telegraphs.

27.

Consent of Minister for Industry and Commerce to certain works.

28.

Power to Minister to make surveys, etc.

29.

Power to Minister to remove abandoned or decayed works.

30.

Provision against danger to navigation.

31.

Duty on Commissioners to keep lifebuoys, etc.

32.

Duty on Commissioners to exhibit lights during construction, etc., of works.

33.

Cables, pipes or wires under or across tidal waters.

34.

Restrictions on displacing persons of working class.

35.

Expenses of Act.

36.

Lands Clauses Acts incorporated.

37.

Saying of existing Acts.

38.

Short title.

SAORSTÁT EIREANN


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Number 2 (Private) of 1925.


LIMERICK HARBOUR ACT, 1926.


AN ACT TO CONFER ADDITIONAL POWERS ON THE LIMERICK HARBOUR COMMISSIONERS FOR THE IMPROVEMENT AND DEVELOPMENT OF THE PORT AND HARBOUR OF LIMERICK AND FOR THE CONSTRUCTION OF A NEW DOCK ENTRANCE AND PASSAGE AND FOR THE EXECUTION OF CERTAIN RECLAMATIONS AND EMBANKMENTS AND FOR OTHER PURPOSES CONNECTED THEREWITH AND TO CONFER BORROWING POWERS.

[9th July, 1926.]

Preamble.

WHEREAS by a local and personal Act of 1823 entitled “An Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate sharp vessels frequenting the port of Limerick” the Limerick Bridge Commissioners were incorporated for the purpose of erecting such bridge and floating dock:

AND WHEREAS by a local and personal Act of 1834 amending the first mentioned Act of 1823 the Limerick Bridge Commissioners were reconstituted and were amongst other things authorised to levy certain tolls in lieu of the tolls authorised by the said first mentioned Act and to borrow money for the purpose of constructing new quays and other works for the improvement of the port and harbour of Limerick and for the formation of a floating dock:

AND WHEREAS by a local and personal Act entitled “The Limerick Docks and Harbour Improvement Amendment Act 1847” the said two first mentioned Acts were amended and the name of the Limerick Bridge Commissioners was changed to the name of the Limerick Harbour Commissioners and they were authorised to construct a floating dock in lieu of the floating dock authorised by the Act of 1834 and to borrow from the Commissioners of Public Works in Ireland further money for that purpose:

AND WHEREAS by an Act entitled “The Limerick Harbour (Composition of Debt) Act 1867” the debts due and owing by the Limerick Harbour Commissioners in respect of sums advanced from time to time by the Commissioners of the Treasury were compounded for the sum of £65,000 subject as therein mentioned and the Public Works Loan Commissioners were authorised to lend and the Commissioners to borrow a sum not exceeding £20,000 for the purpose of improving the said port and constructing a graving dock therein and also a further sum of £3,779 9s. 1d. in respect of a debt formerly due to Sir Thomas Deane:

AND WHEREAS by an Act entitled “The Limerick Harbour Act 1867” the Commissioners were reconstituted and all the property and rights of the port and harbour of Limerick were vested in the Commissioners and the tolls theretofore paid under the authority of the Act of 1847 ceased and were repealed and new harbour tolls were authorised to be levied in lieu thereof and also tolls for a graving dock which the said Commissioners were authorised to construct:

AND WHEREAS by an Act entitled “The Limerick Harbour Act 1888” the tolls authorised to be levied by the Commissioners were repealed and new rates and duties were substituted therefor and the Commissioners were authorised to borrow a further sum not exceeding £20,000 for the purposes of rebuilding or repairing the floating dock:

AND WHEREAS by an Act entitled “The Pier and Harbour Orders Confirmation (No. 4) Act 1903” a Provisional Order made by the Board of Trade under the General Pier and Harbour Act 1861 for altering for the purposes of rating the method of calculating the register tonnage of steam vessels and steam tugs using the Harbour of Limerick the charging and levying of harbour light tolls and for other purposes was inter alia confirmed:

AND WHEREAS by an Act entitled “The Pier and Harbour Orders Confirmation (No. 1) Act 1921” a Provisional Order made by the Minister of Transport under the General Pier and Harbour Act 1861 for increasing the tolls leviable by the Commissioners and for other purposes was inter alia confirmed:

AND WHEREAS the dock dock entrance passage reclamations embankments and works authorised by this Act are necessary for the improvement of the Port of Limerick and it is expedient that the Commissioners should have power to construct the dock dock entrance passage reclamations embankments and works authorised by this Act and to purchase either compulsorily or by Agreement the lands necessary to be acquired for these purposes and for the maintenance of the works and also to raise the monies required for the purposes aforesaid:

AND WHEREAS a plan and sections showing the lines, situations and levels of the proposed new dock dock entrance passage reclamations embankments 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 Clerk of the Peace 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 all monies borrowed from time to time by the Commissioners have now been repaid and there are no charges upon the tolls or income now leviable or receivable by the Commissioners:

AND WHEREAS it is expedient that powers should be granted to the Commissioners from time to time to borrow at interest from any person persons or corporation who may be willing to advance the same any sum not exceeding £200,000 on the credit of the tolls and income receivable and leviable by the Commissioners and other funds and property vested in the Commissioners under this or any other Act and to secure the repayment of any such monies by assignment of the said tolls income funds or property or any of them as a security to the person persons or corporation who shall advance or lend such monies or to any trustee for such person persons or corporation for repayment of the monies so borrowed:

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:—