Dundalk Harbour and Port Act, 1925

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Number 3 Private of 1925.

(Private) DUNDALK HARBOUR AND PORT ACT, 1925.

ARRANGEMENT OF SECTIONS

Section
Preamble.
1.	Repeal of Act of 1855 and Dundalk Harbour Order, 1903.
2.	Lands Clauses Consolidation Act, 1845, and Commissioners Clauses Act, 1847, incorporated.
3.	Harbours, Docks and Piers Clauses Act, 1847, incorporated.
4.	Not incumbent on Commissioners to provide life-boat, etc.
5.	Interpretation of terms.
6.	Certain parts of 8 and 9 Vict., Cap. 20, as to temporary occupation of lands incorporated.
7.	Limits of port.
8.	Act to be carried into execution by Commissioners.
9.	Qualification of Commissioners.
10.	Qualification of electors of Commissioners.
11.	Certified lists of owners of shipping, etc.
12.	No person to have more than one vote.
13.	Place and hours of election.
14.	Commissioner neglecting to act, to cease to be one.
15.	First Commissioners.
16.	Chairman and Vice-Chairman of Dundalk Urban District Council and Chairman of County Council of Louth, respectively, to be Commissioners.
17.	Regulations as to meetings of Commissioners.
18.	Revocation of resolutions.
19.	Commissioners incorporated.
20.	Existing works vested in Commissioners.
21.	Deeds, agreements, contracts, etc., to remain in force, and new Commissioners liable to debts, etc.
22.	Debts to be paid to or by Commissioners.
23.	Arrears of tolls, etc., to be recoverable.
24.	Actions, etc., not to abate.
25.	Rights of action saved.
26.	Repeal not to affect existing rights.
27.	Officers under Act of 1855 to account.
28.	Present officers continued.
29.	Books, etc., to continue evidence.
30.	As to provisions in Statutes for the benefit of former Commissioners.
31.	Commissioners empowered to construct new quay frontage, to reconstruct and enlarge present quays, to reclaim sloblands and construct retaining embankments, and to acquire lands, quays, etc.
32.	Not to take quay of Dundalk and Newry Steam Packet Company, Ltd., without consent.
33.	Commissioners to have right of pre-emption of Steam Packet Quay.
34.	For settlement of price of Steam Packet Quay.
35.	Description of works authorised.
36.	Lateral and vertical deviations.
37.	Period for completion of works.
38.	Roads, sewers, watercourses, etc., may be stopped up, diverted or extended, etc.
39.	Reclaimed lands, embankments, etc., to vest in Commissioners.
40.	Power to enter upon, use and occupy roads and lands for temporary purposes.
41.	Period for compulsory purchase of lands.
42.	Lands for extraordinary purposes.
43.	Tonnage rates.
44.	Tolls for use of tug boat.
45.	Mode of ascertaining tonnage.
46.	Rules for levying tonnage rates.
47.	Quayage rates.
48.	Power to commute tonnage and quayage rates in respect of steam trawlers and fishing vessels.
49.	If Dundalk and Newry Steam Packet Company, Ltd., use their quay otherwise than for vessels belonging to or chartered by them, Commissioners may demand quayage rates for the same.
50.	Rates payable on goods as in Schedule "A."
51.	Articles not in Schedule to be rated.
52.	Rates for use of warehouses, docks, buoys, slips, etc.
53.	Rates for use of cranes.
54.	Minister for Industry and Commerce may revise rates.
55.	Power to lay down mooring buoys, etc.
56.	Commissioners may borrow on credit of tolls and other property vested in them.
57.	Investment in loan raised by Commissioners to be trustee security.
58.	Repayment of borrowed money when no time fixed.
59.	Mortgages under Act of 1855 to have priority.
60.	Saving rights of judgment creditors.
61.	Receiver may be appointed to enforce payment of arrears.
62.	Expenses of mortgages may be paid out of general funds.
63.	Sinking fund for payment of money borrowed under this Act.
64.	Application of money borrowed.
65.	Application of revenue.
66.	Money may be borrowed in substitution of same paid off.
67.	Power to borrow on cash credit.
68.	Sinking fund may be applied in repayment of borrowed monies.
69.	When debt paid off, future revenue to be applied in maintaining harbour, etc.
70.	Reserve fund for extraordinary repairs.
71.	Inspection of accounts.
72.	Appointment of auditor.
73.	Audit of accounts of the Commissioners
74.	Limits of authority of harbour master.
75.	Power to appoint meters and weighers.
76.	No jetties, etc., to be erected unless authorised by the Commissioners and by the Minister for Industry and Commerce.
77.	Penalty for not having a buoy to the anchor of vessels.
78.	Penalty on persons obstructing the execution of this Act.
79.	Penalty on persons obstructing free navigation of harbour.
80.	Penalty for not embarking goods.
81.	Penalty for damaging walls, quays, etc.
82.	Commissioners may direct prosecutions for nuisances, etc
83.	Persons convicted of damage shall pay the amount.
84.	Lighters, barges, etc., to be licensed.
85.	Lighters, barges, etc., to be numbered and registered.
86.	Penalty on unlicensed lighters, barges, etc.
87.	Saving of existing bye-laws.
88.	Remedy against vessels.
89.	Power of appeal.
90.	Harbour, etc., not exempt from provisions of general Acts.
91.	Saving rights of Earl of Roden.
92.	For protection of the Dundalk Newry and Greenore Railway Company.
93.	For protection of Alice Gertrude Williamson.
94.	For protection of Sir Samuel Kelly trading as T. & J. Connick & Company.
95.	For protection of B. O'Rourke & Company Limited.
96.	Saying rights of other persons.
97.	Saving rights of the State.
98.	For protection of the Minister for Posts and Telegraphs.
99.	Power to hold lands.
100.	Power to sell North Sloblands as and when reclaimed for purposes of undertaking.
101.	Power to Commissioners to enlarge or improve existing quays, etc., and to construct new quays, docks, etc.
102.	Consent of Minister for Industry and Commerce to certain works.
103.	Power to Minister to make surveys, etc.
104.	Power to Minister to remove abandoned or decayed works.
105.	Certain lands reclaimed to belong to the State.
106.	Provision against danger to navigation.
107.	Duty on Commissioners to keep lifebuoys, etc.
108.	Duty on Commissioners to exhibit lights during construction, etc., of works.
109.	Cables, pipes or wires under or across tidal waters.
110.	Restrictions on displacing persons of working class.
111.	Expenses of Act.
112.	Repeal of so much of 30 and 31 Vict., c. 183 and 36 and 37 Vict., c. 174 as is repugnant to transfer of lands from Dundalk Newry and Greenore Railway Company.
113.	Short title.
Schedule “A.”
Schedule “B.”

SAORSTÁT EIREANN

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Number 3 (Private) of 1925.

DUNDALK HARBOUR AND PORT ACT, 1925.

AN ACT TO CONFER POWERS ON THE DUNDALK HARBOUR COMMISSIONERS, FOR THE CONSERVANCY AND IMPROVEMENT OF THE PORT AND HARBOUR OF DUNDALK AND THE NAVIGATION THEREOF, AND FOR THE ACQUISITION OF THE QUAYS OF DUNDALK AND THE CONSTRUCTION OF A NEW QUAY FRONTAGE, AND TO EMPOWER CERTAIN RECLAMATIONS, AND FOR OTHER PURPOSES CONNECTED THEREWITH.

[18th June, 1925.]

WHEREAS by the Local and Personal Act of the 3rd and 4th Victoria Chapter 119 intituled “An Act for regulating, preserving, improving and maintaining the River, Port and Harbour of Dundalk in the County of Louth in Ireland,” certain Commissioners were appointed for effecting the said purposes and also to carry into execution the several powers of the said Act, and were empowered and authorised to levy certain duties and rates in the said Act mentioned and to borrow on the credit of said rates and duties the sum of £120,000:

AND WHEREAS certain sums were borrowed on the security of said rates and duties and other property vested in the Commissioners, and, under the powers of the said recited Act, the Commissioners constructed a sea wall or embankment from the quays at Dundalk along the south side of the river to or near the Soldier's Point and diverted the original course or channel of the said river between the points aforesaid and erected buoys and mooring-posts and straightened and deepened the channel leading to the said quays:

AND WHEREAS by “The Dundalk Harbour and Port Act 1855” (in this Act called “the Act of 1855”) certain Commissioners with others to be thereafter elected in succession as therein mentioned, were appointed and empowered for carrying the Act of 1855 into execution and were authorised and empowered to straighten the course of the river and make a new cut or channel and to construct certain embankments and other works and to levy certain rates and duties therein mentioned and to borrow on the credit of said rates and duties any sum not exceeding the sum of £49,000, and the said recited Act of 3rd and 4th Victoria Cap 119 was repealed:

AND WHEREAS the said Commissioners have borrowed a sum of £35,000 on the security of the said rates and duties and other property vested in the Commissioners, and under the powers of the Act of 1855 have executed certain works but have not made said new cut or channel or constructed the said embankments:

AND WHEREAS the investments in redeemable stocks made by the Commissioners in respect of sinking fund for the purpose of repayment of the said recited sum of £35,000 borrowed under the Act of 1855 are sufficient when matured to fully satisfy the said sum:

AND WHEREAS it is expedient that powers should be granted to the Commissioners from time to time in addition to the monies borrowed under the Act of 1855 to borrow at interest from any person or Corporation who may be willing to advance the same any sum not exceeding the sum of £150,000 on the credit of the several tolls by this Act authorised to be levied and other funds and property vested in the said Commissioners under this Act or any other Act and to secure the repayment of any such monies by assignment of the said tolls, funds and property or any of them as a security to the persons who shall advance or lend such monies or to any trustee for such persons for repayment of the monies so borrowed:

AND WHEREAS the Commissioners were empowered by the Act of 1855 to enter upon and take and use certain lands described in a certain book of reference deposited with the Clerk of the Peace of the County of Louth and also to purchase all or any of the then existing quays and wharves and the inlets connected therewith within the said port and harbour:

AND WHEREAS “The Harbours, Docks and Piers Clauses Act 1847 ” (except the Sections 25 and 26 thereof with respect to the rates to be taken by the undertakers), so far as the same was not varied by the said Act, was incorporated therewith:

AND WHEREAS under and by virtue of the Act of 1855 and of “The Harbours, Docks and Piers Clauses Act 1847 ” incorporated therewith the Commissioners have acquired certain lands and premises set out in the Schedule “B” to this Act annexed, but have not acquired any of the quays or wharves or inlets connected therewith so authorised to be purchased by them, save and except a certain inlet or dock numbered 8 in the Schedule “A” of the Act of 1855, and the time limited by said Act for the compulsory purchase thereof has expired:

AND WHEREAS the provisions of the Act of 1855 relating to pilotage were repealed by the 10 and 11 George V. Chapter 104 entitled “Pilotage Orders Confirmation (No. 2) Act 1920”:

AND WHEREAS by Provisional Order of the 3 Edward VII. entitled “Pier and Harbour Provisional Orders (No. 4)” and cited as “The Dundalk Harbour Order 1903” certain alterations in the method of assessing tonnage dues were substituted for the method prescribed by the Act of 1855:

AND WHEREAS the improvement of the Port of Dundalk would be more effectually attained if the works authorised by the Act of 1855, in so far as same have not been carried out, were abandoned and substituted by the works authorised by this Act, and it is expedient that the Commissioners should have additional powers for the conservancy and improvement of the navigation of the river, sea and bay within their jurisdiction, and that further powers for the development and due conservancy of the port and harbour of Dundalk and for the reclamation of sloblands and the construction of the necessary retaining embankments by this Act authorised and for the purchase of quays and other purposes and also for raising the further monies for the purposes aforesaid should be granted, and that some of the powers and provisions of the Act of 1855 should be altered, amended and extended, and that further powers should be given; and that same would be most conveniently effected if the Act of 1855 were repealed (in so far as it has not been already repealed) and some of the provisions thereof re-enacted and additional powers granted and also if the Dundalk Harbour Order 1903 were repealed:

AND WHEREAS a plan and section showing the lines situations and levels of proposed new quays, 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 Louth, 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 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:—

Dundalk Harbour and Port Act, 1925 Permanent Page URL

Dundalk Harbour and Port Act, 1925

Permanent Page URL