Dublin United Tramways (Lucan Electric Railways) Act, 1927

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Number 2 (Private) of 1927.

DUBLIN UNITED TRAMWAYS (LUCAN ELECTRIC RAILWAYS) ACT, 1927.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

SECOND SCHEDULE.

Number 2 (Private) of 1927.

DUBLIN UNITED TRAMWAYS (LUCAN ELECTRIC RAILWAYS) ACT, 1927.

AN ACT TO AUTHORISE THE DUBLIN UNITED TRAMWAYS COMPANY (1896) LIMITED TO ACQUIRE THE UNDERTAKINGS OF THE DUBLIN AND LUCAN AND THE LUCAN AND LEIXLIP ELECTRIC RAILWAY COMPANIES AND TO ALTER AND MAINTAIN THE EXISTING LINES OF THESE COMPANIES AND TO ENABLE THE COMPANY TO ACT AS ELECTRICITY UNDERTAKERS AND TO AMEND CERTAIN ACTS RELATING TO THE COMPANY AND FOR OTHER PURPOSES. [13th May, 1927.]

WHEREAS by the Dublin United Tramways Acts and Orders, 1871 to 1905, the Dublin United Tramways Company (1896), Limited, hereinafter called the Company, is empowered to construct own maintain and work certain electric tramways in the City and County of Dublin and the surrounding districts and in exercise of the powers by said Acts and Orders conferred has constructed owns maintains and works tramways in the City and County of Dublin and the districts aforesaid:

AND WHEREAS under and in pursuance of various Orders in Council made under the Tramways (Ireland) Acts, 1860 to 1891, the Dublin and Lucan Electric Railway Company are the owners of an electric railway in the City and County of Dublin between Conyngham Road and the town of Lucan:

AND WHEREAS under certain powers conferred by the Lucan and Leixlip Electric Railway Order, 1910, the Lucan and Leixlip Electric Railway Company are the owners of an electric railway in the County of Dublin between the town of Lucan and Doddsborough corner:

AND WHEREAS it is to the interests of the public and in particular of the residents of the City and County of Dublin and of the town of Lucan and the surrounding districts that the Company should be authorised to acquire the railways and undertakings of the Dublin and Lucan and the Lucan and Leixlip Electric Railway Companies and to reconstruct alter and relay the said railways with a gauge of the same width, viz.: five feet three inches as the existing tramways in the City and County of Dublin already owned by the Company and to work the said railways in connection with the said tramways:

AND WHEREAS by Order of the High Court of Justice dated 26th day of January, 1926, a Liquidator was appointed for the purpose of winding-up the said Dublin and Lucan Electric Railway Company:

AND WHEREAS by Agreement dated 7th day of December, 1926, and made between the Dublin and Lucan Electric Railway Company (in liquidation) of the one part and the Company of the other part the said Dublin and Lucan Electric Railway Company (in liquidation) agreed to sell and the Company agreed to purchase the undertaking of the Dublin and Lucan Electric Railway Company and all the property and assets thereof the particulars of which are set out in the Schedule thereto:

AND WHEREAS by Agreement dated 4th day of January, 1927, and made between the shareholders of the Lucan and Leixlip Electric Railway Company of the one part and the Company of the other part the said shareholders agreed to sell and the Company agreed to purchase all the shares of and in the Lucan and Leixlip Electric Railway Company:

AND WHEREAS by sub-section (3) of section 13 of the Dublin United Tramways Act, 1905, the Company is prohibited from carrying on or taking any financial interest in any undertaking other than their generating station and tramways by that Act transferred to and vested in the Company and such extensions of or additions to those tramways as might by Order in Council thereafter be authorised:

AND WHEREAS by section 48 of the Dublin United Tramways (Electrical Power) Act, 1897, and sub-section (2) of section 13 of the Dublin United Tramways Act, 1905, the Company is prohibited from using electrical power save for lighting and moving the carriages used on the tramways and lighting the premises of the Company and operating machinery therein and for lighting standards or posts for their own use:

AND WHEREAS it is expedient that the Company should be empowered to supply and sell electricity for light and power in the town of Lucan and the districts heretofore supplied by the railways to be acquired by the Company in pursuance of the provisions of this Act:

AND WHEREAS it is expedient for the more efficient working of the said railways that the Company should be authorised to exercise and carry out the various other powers matters and things with respect to the said railways as provided by this Act:

AND WHEREAS plans and sections showing the lines situations and levels of the several works authorised by this Act with a book of reference containing the names of the Local Authorities in whose districts the said works are to be executed have been deposited with the Principal Clerk of the Private Bill Office at his Office, Leinster House, Dublin:

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:—

Interpretation.

1.—In this Act unless there be something in the subject or context repugnant to such construction:

The expression “the Company” means the Dublin United Tramways Company (1896) Limited.

The expression “Lucan Company” means the Dublin and Lucan Electric Railway Company, and the expression “Leixlip Company” means the Lucan and Leixlip Electric Railway Company.

The expression “the said railways” means the Electric Railways of the Lucan Company and of the Leixlip Company.

The expression “the Corporation” means the Right Honourable the Lord Mayor Aldermen and Burgesses of Dublin.

The expression “the County Council” means the County Council of the County of Dublin.

The expressions “Local Authority” and “Road Authority” mean in the City of Dublin the Dublin Corporation and elsewhere the County Council.

The expression “the Minister” means the Minister for Industry and Commerce.

The expression “the undertakers” in the Electricity Supply Acts, 1882 to 1919, means the Company.

The expression “Unit” shall mean the electric energy contained in a current of 1,000 amperes flowing under an electro-motive force of one volt during one hour.

Company may purchase Lucan undertaking.

2.—The Company may purchase and the Lucan Company may sell for the price and on the terms and conditions contained in the agreement set out in the first schedule to this Act the undertaking of the Lucan Company and all the property and assets thereof set out in the schedule to said agreement which said agreement shall be deemed to be incorporated with this Act and to have the force of law as if the same had been enacted herein.

Company may acquire shares of Leixlip Company.

3.—The Company may acquire by purchase from the shareholders the whole of the share capital of the Leixlip Company for the prices and on the terms and conditions contained in the agreement set out in the second schedule to this Act which said agreement shall be deemed to be incorporated with this Act and to have the force of law as if the same had been enacted herein.

Vesting of Lucan and Leixlip undertakings.

4.—(1) Upon the payment into court of the consideration moneys mentioned in clause 3 of the agreement set out in the first schedule to this Act the undertaking and all the real and personal property and all the powers authorities privileges and all other rights and interests vested in the Lucan Company by the several various orders in Council under and by virtue of which the said undertaking has hitherto been carried on shall vest in the Company and shall subject to the provisions of this Act be deemed for all purposes to be part of the undertaking of the Company as if the Company had been named in the said several orders in Council instead of the Lucan Company, and the Company shall maintain and carry on the undertaking and shall observe and perform the several conditions stipulations and provisions contained in said orders except in so far as same are varied or altered by this Act and references in such orders to the Grand Jury or the Finance Committee and the County Surveyor shall be deemed to include the Corporation and Borough Surveyor so far as same relate to any portion of the railways in the City of Dublin and references to any two Magistrates of the County shall be deemed to mean a District Justice sitting for the County or City of Dublin: Provided that the Company shall not be answerable for any debt or liability incurred by the Lucan Company in respect of the said undertaking before the 1st day of May, 1926 and also Provided that no wayleave shall be payable to the road authority in respect of the working of the undertakings transferred to the Company by this Act.

(2) The provisions of clause 5 of the Dublin and Lucan Steam Tramway Amendment Order, 1896 shall apply to all sewers drains water pipes electric cables and apparatus of the Corporation and section 38 of the Dublin United Tramways (Electrical Power) Act, 1897 shall apply to the railways authorised by this Act.

(3) From and after the acquisition of the share capital of the Leixlip Company provided for by section 3 of this Act the undertaking of the Leixlip Company shall by virtue of this Act and subject to the provisions hereof be transferred to and shall vest in the Company and the Company shall maintain and carry on the undertaking of the Leixlip Company and the provisions in that behalf of sub-section (1) of this section shall apply to the transfer of the Leixlip undertaking as if in the said sub-section the words “Leixlip Company” were substituted for the words “Lucan Company” in said sub-section.

Sale of Lucan Company to be deemed sale by order of High Court.

5.—The sale and transfer of the undertaking of the Lucan Company by this Act effected shall for all purposes be deemed to be a sale and transfer of the said undertaking by order of the court in the winding-up proceedings and the purchase money when paid into court shall for the purposes of such proceedings represent the undertaking and assets of the Lucan Company and all mortgages, debentures, debenture stock, charges and incumbrances including all salvage expenditure incurred by owners or holders of such charges or incumbrances or on their behalf and all interest due theron and all costs charges and expenses of any proceedings to realise the same shall become charged on the purchase moneys when paid into court and shall thereupon cease to affect the said undertaking and subject to the payment thereout of the costs charges and expenses of the said winding-up proceedings shall rank for payment out of the said purchase moneys in the same priority as they respectively ranked as charges on the undertaking and the said purchase moneys shall be applied by the court in accordance with the provisions of the Companies Act, 1908 relating to the distribution of the assets of a company in liquidation and when the said purchase moneys shall have been so distributed by the court the Lucan Company shall thereupon be dissolved.

Dissolution of Leixlip Company.

6.—From and after the acquisition by the Company of the whole of the share capital of the Leixlip Company as provided for in section 3 of this Act and the vesting in the Company of the undertaking of that Company as provided for in sub-section (3) of section 4 of this Act the Leixlip Company shall be dissolved and the share capital issued therein cancelled and the provisions of the Lucan and Leixlip Electric Railway Order, 1910, shall be extinguished and made void so far as they relate to the existence or constitution of or to the issue of capital by the Leixlip Company.

Undertakings of Lucan and of Leixlip Companies not to be deemed to have been abandoned.

7.—Notwithstanding anything contained in any statute or order in Council governing the Lucan Company or the Leixlip Company or either of them the undertaking of the Lucan Company or of the Leixlip Company or either of them shall not be deemed to have been abandoned at any time prior to the sale and transfer of the said undertakings to the Company and the sale and transfer of the undertakings of the Lucan Company and of the Leixlip Company or either of them to the Company as by this Act effected shall not be deemed to be an abandonment of the said undertakings or either of them nor shall the said sale and transfer render any director or officer of either of the said Companies liable to any forfeiture liability or loss incurred or imposed by any statute or order in Council in respect of any abandonment of the said undertakings or either of them.

Company may reconstruct and maintain Railways of Lucan and of Leixlip Companies.

8.—In lieu of the existing railways the Company may reconstruct relay and maintain the railways and works marked on the deposited map and plans with a gauge of 5 feet 3 inches and in the lines and in all respects in accordance with the said plans with all proper rails plates tubes works and conveniences connected therewith and may for the purposes thereof take up remove alter appropriate and use so much of the existing railways platforms works and effects as may be applicable and may join up and connect said railways with the existing tramway of the Company in Parkgate Street in the City of Dublin by a line of rails 4.5 chains in length all in the City of Dublin beginning with a junction with the right hand track of the tramways in Parkgate Street at a point 97 yards or thereabouts from the centre of the Park gate measured in a south-easterly direction and forming a cross-over to the left hand track of the same and forming a continuation of the left hand track and ending by a junction with said railway and may work the said railway with electricity generated at the existing power house of the Company situate at Ringsend in the City of Dublin or by other mechanical power.

Company may alter position of railways and construct sidings, junctions, etc.

9.—(1) (a) The Company may with the consent of the road authority from time to time alter the site or position of the railways in any street or road and make maintain alter and remove such crossings, passing places, sidings, loops, junctions, shelters, or sheds and other works in addition to those authorised by this Act as may be necessary or convenient for the efficient working of the said railways and the user thereof by the public or for affording access to the buildings, sheds, works and premises of the Company or of other companies or persons adjoining the said railways.

(b) The Company shall on the receipt of one month's notice in writing from the road authority at any time after the completion of the relaying of the same alter the site or position of the railway but not the relative levels of the railway and roadway in any street or road but the road authority shall be liable to pay to the Company any expense to which the Company is put in carrying out such alterations.

(2) In addition to the requirements of clause 10 of the Order of 1896 the Company shall be bound on receipt of notice from the road authority of its intention to alter the level of any street or road where any part of the railway is situate to alter the level of the railway in accordance with the requirements of clause 10 notwithstanding that the road authority shall not have previously altered the level of the road or street. Such alterations shall be completed by the Company within one month from the receipt of such notice. Any additional costs incurred by the Company under this sub-section in consequence of such notice shall be borne by the road authority.

Construction of railway in Chapelizod.

10.—The railway in Chapelizod from the present crossing near the Chapelizod Gate of the Phoenix Park shall be constructed on the southern side of the roadway on a raised platform as far as the bend opposite the Mullingar Arms licensed premises and thence shall be constructed level with the roadway as far as the city boundary and the alignment of same shall be to the satisfaction of the Borough Surveyor. The passing place on this section of the railway shall have its northern side constructed at road level to the satisfaction of the Borough Surveyor. The Corporation shall lay and maintain the surface pavement of the portion of the railway between the bend aforesaid and the northern side of the bridge over the River Liffey and the Company shall provide and maintain the necessary foundations to the satisfaction of the Borough Surveyor. The Company shall remove the existing railway from and including the road crossing opposite or near the Chapelizod Gate of the Phoenix Park to the termination of the crossing place opposite the Mullingar Arms licensed premises. The work shall be completed to the satisfaction of the Borough Surveyor but the Corporation shall be responsible for the making good at their own expense and free of charge to the Company of the road surface left uncovered or torn up by the removal of the railway and platform from the present position.

New track between Lucan and Doddsborough Corner.

11.—(1) Notwithstanding anything in this Act contained or in the statutes or orders in Council with this Act incorporated the Company if so required in writing by the road authority within three months of the passing of this Act shall in the execution of the works by this Act authorised replace the existing track and platform of the Lucan and Leixlip Electric Railway between Lucan and Doddsborough Corner by a new track and platform to be constructed on the site at present occupied by the footpath beside the said track and platform.

(2) If pursuant to sub-section (1) of this section the County Surveyor requires the Company to alter the site of the existing track and platform the County Council shall, on the completion of the railway to be laid by the Company under the powers conferred by this Act, construct a footpath on the south side of the roadway leading from Lucan to Doddsborough Corner and shall restore and macadamize or otherwise resurface the part of the roadways uncovered or torn up by the removal of the present railway and platform of the Lucan and Leixlip Electric Railway Company.

(3) The works to be executed by the County Council under the provisions of this section shall be executed free of charge to the Company.

Provision of kerb.

12.—In addition to the requirements of clause 20 of the Dublin and Lucan Steam Tramway Amendment Order, 1896 a kerb shall be provided wherever the carriage-way or path-way adjoins the track.

Road Crossings.

13.—All road crossings and in all cases where double track is laid for the purpose of providing passing places all that portion of the outer track that projects beyond the alignment of the platform shall be laid or paved with materials similar to those in the adjoining roadways and to the satisfaction of the Surveyor of the road authority.

Annual Fee to County Surveyor.

14.—The Company shall pay to the County Surveyor an annual fee of ten guineas which shall be deemed to include all recompense due to him by the Company under any statute or order in Council in connection with any supervision by him of the railways authorised by this Act or of any works repairs or alterations made to the public highway by the Company under powers conferred on the Company by this Act or any of the orders in Council with this Act incorporated.

Company may exercise powers of the Lucan and of the Leixlip Companies.

15.—In carrying out the works authorised by this Act and in maintaining and working the same the Company shall have and be entitled to exercise all the powers conferred on the Lucan Company and Leixlip Company respectively by the several various orders in Council under and by virtue of which the said undertakings of the Lucan Company and of the Leixlip Company have hitherto been carried on and shall observe and perform the several conditions stipulations and provisions contained in such orders except in so far as the same are varied or altered by this Act.

Application of Acts of the Company.

16.—Sub-section (2) of section 11 of the Dublin United Tramways (Electrical Power) Act, 1897 and section 29 of the same Act as carried into effect by agreements between the Corporation and the Company respectively dated 4th October, 1898, and 1st December, 1905, shall apply to the railways authorised by this Act. And it shall be lawful for the road authority to utilise the posts, poles and brackets of the Company for the purpose of carrying their electric cables and lines for the distribution of electricity in the City of Dublin: Provided that the local authority shall pay to the Company all extra expenses incurred by the Company in the provision and erection of all suitable posts, poles and brackets or additions thereto required for such purposes. In the absence of agreement as to the amount of such extra expenses or the mode of calculating same or as to any other matters arising under this section same shall on the application of either party be determined by the Minister or person to be appointed by him.

Reapeal.

17.—Notwithstanding anything contained in sub-sections (2) and (3) of section 13 of the Dublin United Tramways Act, 1905 and section 48 of the Dublin United Tramways (Electrical Power) Act, 1897 the Company may exercise the powers expressly conferred upon it by this Act but save in this respect and save in connection with tramways or omnibus services or electricity undertakings as may be hereafter authorised by any order of the Minister the said enactments shall continue in full force and effect.

Company may act as electricity undertakers.

18.—(1) The Company is hereby empowered to act as electricity undertakers within the meaning of the Electricity (Supply) Acts, 1882 to 1919 (hereinafter called the principal Acts) within the area of supply as defined by sub-section (1) of section 19 of this Act.

(2) The powers conferred by this section shall not be deemed to constitute the Company electricity undertakers save in respect of the electricity sold by the Company within the area of supply as defined by sub-section (1) of section 19 of this Act or within such additions to the said area as may be authorised by the Minister.

Area of supply.

19.—(1) The area within which the Company may supply electricity subject to the provisions of this Act shall be the area outside the City of Dublin and the Phœnix Park and within half a statute mile measured in any direction from the centre line of the said railways and all of which said area is situate within the Rural Districts of North and South Dublin and Celbridge No.2.

(2) In accordance with the provisions of the principal Acts the Minister may after consultation with the local authority include such additional area as he may think fit in the area of supply, provided that nothing in this Act shall authorise the Company to apply for such extension of the area of supply so as to include the Phœnix Park or any part thereof or an area or part of an area supplied at the time of the passing of this Act with electricity by the local authority of such area without the consent of such local authority.

(3) If and whenever any portion of the area of supply shall be added to or included in the County Borough of Dublin the Company shall cease to act as electricity undertakers in such added area save with the consent in writing of the Corporation.

(4) In the event of the Company so ceasing to act as electricity undertakers the Corporation shall purchase from the Company such portions of the distribution net-work of the Company in the said portions of the area of supply as shall be suitable for the purposes of the Corporation in same. The price to be paid by the Corporation shall be the market value at the time of the purchase as agreed between the parties. In the absence of agreement as to suitability, price or otherwise as to the carrying out of this sub-section same shall be decided by a person to be nominated by the Minister, whose decision shall be final and binding upon the parties.

Special Act.

20.—(1) In respect of the powers conferrred by section 18 of this Act, this Act shall be deemed a Special Act within the meaning of the principal Acts.

(2) The following enactments (so far as the same are applicable for the purposes of and are not inconsistent with or varied by the provisions of this Act) are incorporated with and form part of this Act, that is to say: the Lands Clauses Acts; the provisions of the Railways Clauses Consolidation Act, 1845 , with respect to the temporary occupation of lands near the railways during the reconstruction thereof; the Electricity (Supply) Acts, 1882 to 1919, save and excepting the following sections: section 3 of the Electric Lighting Act, 1888; sections 5, 6, 63, 71 and 83 of the Schedule to the Electric Lighting Clauses Act, 1899; sections 16 and 28 of the Electricity (Supply) Act, 1919.

(3) The expression “Railway Generating Station” in sections 24 and 36 of the Electricity (Supply) Act, 1919, shall be deemed to include the generating station or stations of the Company.

Supply of current to the County Council.

21.—(1) The Company shall on request supply to the County Council or the public lighting authority or authorities respectively at a charge of twopence per unit an amount of current sufficient for the lighting of all lamps erected by the County Council or by the aforesaid lighting authority or authorities on the highway outside the City of Dublin along which the railways authorised by this Act are laid.

(2) The County Council or the said public lighting authority or authorities shall supply at their own expense all wiring, lamps, standards and apparatus necessary for the supply of electricity as provided by sub-section (1) of this section and the Company shall not be responsible for the maintenance of any such plant or apparatus or for the turning on or off of the current.

(3) Nothing in this section shall render the Company liable for any damages arising from any temporary unavoidable failure of the supply of current by the Company to the County Council.

Supply of electricity in bulk to Corporation.

22.—It shall be lawful for the Corporation to demand and for the Company to give to the Corporation if so requested a supply of electricity in bulk for the purpose of supplying any consumers of the Corporation who can in the opinion of the Corporation be more conveniently and economically supplied from the system of the Company. In the absence of agreement as to the price to be paid for such supply in bulk same shall be fixed, and may from time to time be altered on the application of either of the parties, by the Minister. It shall be lawful for the Corporation and the Company to enter into agreements for the distribution by the Company to the consumers of the Corporation of any electricity supplied by the Company to the Corporation. In the absence of agreement as to the terms and conditions on which such distribution shall be carried out such terms and conditions shall be determined on the application of either of the parties by the Minister.

Company may place electric lines over streets.

23.—Notwithstanding anything contained in the principal Acts or any local or personal Act, it shall be lawful for the Company (in addition to the powers exercisable by them under the provisions of section 22 of the Electricity (Supply) Act, 1919) to place any electric line above ground in, along, upon, or across any public or private street or road: Provided that any electric line placed above ground shall be subject to the approval of the Minister.

Maximum price.

24.—(1) The maximum price which the Company may charge consumers of electric light or energy shall be tenpence halfpenny per unit, provided the minimum charge to any consumer may not be less than twenty shillings for any quarter of a year ending on the 31st March, 30th June, 30th September, and 31st December respectively.

(2) Where electricity supplied by the Company to any person (other than an authorised undertaker or a public utility undertaker) is used partly for lighting purposes and partly for purposes other than lighting the Company may require that the electricity supplied for lighting purposes shall be measured by a separate meter and paid for at the price for the time being charged by the Company for electricity supplied for lighting purposes within the district in which the consumer's premises are situate.

Company may acquire additional lands.

25.—The Company may by agreement acquire and hold any additional lands or any interest therein for the purpose of the proper working of the undertakings by this Act transferred to and vested in the Company or for the purposes of providing sites for houses for the officials or employees of the Company and may do all such other acts and things in relation to the said under takings to be acquired as the Company is at present authorised to do in respect of its existing undertaking.

Restrictions on displacing persons of working class.

26.—(1) The Company shall not under the powers conferred by this Act purchase or acquire in any local area any house or houses which on the 15th day of December, 1926, were or have been since that date or shall hereafter be either wholly or partially occupied by thirty or more persons belonging to the working classes as tenants or lodgers unless and until the Company shall have

(a) Obtained the approval of the Minister for Local Government and Public Health to a scheme for providing new dwellings for such number of persons as were residing in such houses on the said 15th day of December, 1926, or for such number or proportion of such persons as the said Minister shall after inquiry deem necessary, having regard to the number of persons on or after that date residing in such houses and working within one mile therefrom and to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses or to the place of employment of such persons and to all the circumstances of the case; and

(b) Given security to the satisfaction of the said Minister for the carrying out of the scheme.

(2) The approval of the said Minister to any scheme under this section may be given either absolutely or conditionally and after the said Minister has approved of any such scheme he may from time to time approve either absolutely or conditionally of any modifications in the scheme.

(3) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced: Provided that the said Minister may dispense with the last-mentioned requirement subject to such conditions (if any) as he may see fit.

(4) Any provisions of any scheme under this section or any conditions subject to which the Minister may have approved of any scheme or of any modifications of any scheme or subject to which he may have dispensed with the above-mentioned requirement shall be enforceable by a writ of mandamus to be obtained by the said Minister out of the High Court.

(5) If the Company acquire or appropriate any house or houses for the purposes of this Act in contravention of the foregoing provisions or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of the scheme they shall be liable to a penalty of £500 in respect of every such house which penalty shall be recoverable by the said Minister by action in the High Court: Provided that the Court may, if it think fit, reduce such penalty.

(6) For the purpose of carrying out any scheme under this section the Company may appropriate any lands for the time being belonging to them or which they may have power to acquire and may purchase such further lands as they may require and for the purpose of any such purchase sections 202, 203 and 214 of the Public Health (Ireland) Act, 1878 as amended by any subsequent enactment shall be incorporated with this Act and shall apply to the purchase of lands by the Company for the purposes of any scheme under this section in the same manner in all respects as if the Company were a sanitary authority within the meaning of the Public Health (Ireland) Act, 1878 and the scheme were one of the purposes of that Act.

(7) The Company may on any lands belonging to them or purchased or acquired under this section or any provisional order issued in pursuance of this section, erect such dwellings for persons of the working class as may be necessary for the purpose of any scheme under this section and may sell demise or let or otherwise dispose of such dwellings and any lands purchased or acquired as aforesaid and may apply for the purposes of this section to which capital is properly applicable or any of such purposes any moneys which they may be authorised to raise or apply for the general purposes of their undertaking: Provided that all lands on which any buildings have been erected or provided by the Company in pursuance of any scheme under this section shall for a period of twenty-five years from the date of the scheme be appropriated for the purpose of such dwellings and every conveyance demise or lease of such lands and buildings shall be endorsed with notice of this enactment: Provided also that the said Minister may at any time dispense with all or any of the requirements of this sub-section subject to such conditions (if any) as he may see fit.

(8) The said Minister may direct any inquiries to be held which he may deem necessary in relation to any scheme under this section, and the inspector of the said Minister shall for the purposes of any such inquiry have all such powers as he has for the purpose of inquiries directed by the said Minister under the Public Health (Ireland) Act, 1878.

(9) The Company shall pay to that said Minister a sum to be fixed by the Minister in respect of the preparation and issue of any provisional order in pursuance of this section and any expenses incurred by that Minister in relation to any inquiries under this section including the expenses of any witnesses summoned by the inspector.

(10) Any houses purchased or acquired by the Company for or in connection with any of the purposes of this Act whether purchased or acquired in exercise of the powers conferred by this Act or otherwise and whether before or after the passing of this Act which may have been occupied by persons of the working class within five years before the passing of this Act shall for the purposes of this section be deemed to have been acquired under the powers of this Act and to have been occupied on the said 15th of December, 1926 by the same number of persons belonging to the working class as were occupying the said houses at the date of their acquisition: Provided that if the said Minister is unable to ascertain the number of such persons who were then occupying the said houses the said houses shall be deemed to have been occupied by such number of such persons as in the opinion of the said Minister they might have been sufficient to accommodate.

(11) For the purposes of this section the expression “local areas” means any urban or rural district borough or county borough, the expression “house” means any house or part of a house occupied as a separate dwelling, and the expression “working class” means mechanics artizans labourers and others working for wages hawkers costermongers persons not working for wages but working at some trade or handicraft without employing others except members of their own family and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week and the families of any such persons who may be residing with them.

Contracts to be read as if name of the Company substituted for names of Lucan and of Leixlip Companies.

27.—Except as by this Act otherwise provided all conveyances, leases, deeds, contracts, agreements and other instruments affecting the railways undertakings property and assets by this Act transferred to and vested in the Company in accordance with section 4 of this Act and in force at the date of transfer shall be as binding and of as full force and effect in every respect against or in favour of the Company and may be enforced as fully and effectually as if instead of the Lucan Company or the Leixlip Company the Company had been a party thereto and all such conveyances, leases, deeds, contracts, agreements and other instruments shall henceforth be read and construed as if the Company were named therein instead of the Lucan Company or the Leixlip Company respectively.

Bye-laws of Lucan and Leixlip Companies to apply.

28.—All the bye-laws rules and regulations of the Lucan Company and of the Leixlip Company relating to the management use or control of their respective undertakings shall apply to the railways and undertakings by virtue of this Act transferred to or constructed by the Company and shall and may be enforced by and available to the Company with respect to such railways and undertakings as well for the recovery of penalties as for all other purposes in as full and ample a manner as the same have hitherto applied to the said respective undertakings and shall continue until other bye-laws rules and regulations are duly made by the Company.

Books of Lucan and of Leixlip Companies to be evidence.

29.—All books and documents of the Lucan and of the Leixlip Companies which would have been evidence of any matter for or against either of such Companies shall be admitted in evidence in respect of the same and the like matter for or against the Company in so far as the said books and documents relate to the undertakings authorised by this Act to be acquired by the Company.

Company not to be compelled to carry goods.

30.—The Company shall not be compelled to carry on the cars to be run on the said railways any goods save passengers' personal luggage not exceeding twenty-eight lbs. in weight accompanied by the passenger: Provided that the Company shall perform with respect to such cars all such services in respect of the conveyance of mails as the Minister for Posts and Telegraphs is entitled to require with respect to its existing tramways under section 24 of the Dublin United Tramways (Electrical Power) Act, 1897, and the provisions of section 2 and section 5 (1) first paragraph of the Conveyance of Mails Act, 1893 , shall apply to such cars.

Cesser of powers.

31.—If the said railways or any of them are not completed within five years from the passing of this Act, then on the expiration of that period the powers by this Act granted to the Company for reconstructing and relaying the said railways or otherwise in relation thereto shall cease except as to so much thereof as is then completed.

Penalty for failure to open the railways for traffic.

32.—If the Company fail within the period limited by this Act to complete the said railways and open the same for public traffic, the Company shall be liable to a penalty of £50 a day for every day after the expiration of the period so limited until the railways are completed and opened for public traffic or until the sum received in respect of such penalty amounts to five per centum of the estimated cost of the works and the said penalty may be applied for by any road authority landowners or other person claiming to be compensated or interested in accordance with the provisions of the next following section of this Act and in the same manner as the penalty provided in section 3 of the Railway and Canal Traffic Act, 1854 . And every sum of money recovered by way of such penalty as aforesaid shall be paid under the warrant or order of such court or judge as is specified in that section to an account opened or to be opened in the name of the Accountant for the time being of the High Court of Justice in Saorstát Eireann in the bank and to the credit specified in such warrant or order and shall not be paid thereout except as hereinafter provided.

Application of moneys recovered by way of penalty.

33.—Every sum of money so recovered by way of penalty as aforesaid shall be applicable and after due notice in the Iris Oifigiúil shall be applied towards compensating any landowners or other persons whose property may have been interfered with or otherwise rendered less valuable by the recommencement reconstruction or abandonment of the said railways or any portion thereof and also in compensating all road authorities for the expense incurred by them in taking up any of the said railways or materials connected therewith placed by the Company in or on any road vested in or maintainable by such road authorities respectively and in making good all damage caused to such roads by the construction or abandonment of such railways and shall be distributed in satisfaction of such compensation as aforesaid in such manner and in such proportions as to the High Court may seem fit and if no such compensation shall be payable or if a portion of the sum or sums of money so recovered by way of penalty as aforesaid shall have been found sufficient to satisfy all just claims in respect of such compensation then the said sum or sums of money recovered by way of penalty or such portion thereof as may not be required as aforesaid shall if a receiver has been appointed or the Company is insolvent and has been ordered to be wound up or the railway or railways in respect of which the penalty has been incurred or any part thereof has been abandoned be paid or transferred to such receiver or to the liquidator or liquidators of the Company or be applied in the discretion of the Court as part of the assets of the Company for the benefit of the creditors thereof and subject to such application shall be repaid or retransferred to the Company.

Company not exempted from provisions of general Acts.

34.—Nothing in this Act contained shall exempt the Company from the provisions of any order in Council or any general Act relating to tramways or to the generation, distribution or supply of electricity in Saorstát Eireann now in force or which may hereafter pass during the present or any future session of the Oireachtas or from any future revision or alteration under the authority of the Oireachtas of any rates or charges now or hereafter at any time authorised or in force.

For the protection of the Minister for Posts and Telegraphs.

35.—Nothing contained in this Act shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1921 or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts, the Electricity (Supply) Acts, 1882 to 1919 and the Electric Lighting (Clauses) Act, 1899 and section 14 of the Schedule to the Electric Lighting (Clauses) Act, 1899 so far as it relates to the Minister for Posts and Telegraphs shall apply to the construction or laying down under this Act of any works across or along any land railway canal or navigation whether below or above ground in like manner as it applies to the execution of works in under along or across any street or public bridge.

Company to deliver copy of this Act to Registrar of Joint Stock Companies.

36.—The Company shall deliver to the Registrar of Joint Stock Companies a printed copy of this Act and he shall retain and register the same and if such copy is not so delivered within three months from the passing of this Act the Company shall incur a penalty not exceeding Two pounds for every day after the expiration of those three months during which the default continues and any director or manager of the Company who knowingly and wilfully authorises such default shall incur the like penalty. Every penalty under this section shall be recoverable summarily.

Company to pay costs of obtaining the Act.

37.—All costs, charges and expenses of and incident to the obtaining and passing of this Act or otherwise in relation thereto shall be paid by the Company.

Local Authorities powers to purchase undertaking.

38.—(1) The power of purchase which by section 51 of the Dublin United Tramways (Electrical Powers) Act, 1897, as amended by sections 11 and 15 of the Dublin United Tramways Act, 1905 is conferred upon every road authority in respect of the tramways in that section mentioned within the district of that authority shall apply to the railways acquired by and vested in the Company by virtue of the provisions of this Act and to all tramways and railways which the Company may hereafter construct or acquire and the provisions of that section shall apply to those railways and tramways and to all lands works materials and plant used by the Company for the purpose of their undertaking within such district as if they had been part of the tramways as in that section defined.

(2) Save in accordance with that section no local or road authority shall have any power to purchase compulsorily any portion of the undertakings acquired by and vested in the Company by virtue of the provisions of this or any subsequent Act or authorised under an order of the Minister.

Application of capital of Company.

39.—The Company may apply for the purposes of this Act to which capital is properly applicable all or any part of the capital which they are now authorised to raise and which may not be required for the purposes for which the same was authorised to be raised.

Short title.

40.—(1) This Act may be cited for all purposes as the Dublin United Tramways (Lucan Electric Railways) Act, 1927.

(2) This Act and the Dublin United Tramways Acts and Orders, 1871 to 1905 (as defined by section 1 of the Dublin United Tramways Act, 1905) together with the Dublin United Tramways (Omnibus Services) Act, 1925 may together be cited as the Dublin United Tramways Acts and Orders, 1871 to 1927.

Sceidil da Dtagartar San Acht So Roimhe Seo.

SCHEDULES REFERRED TO IN THE FOREGOING ACT.

FIRST SCHEDULE.

Memorandum of Agreement made this 7th day of December, 1926, between The Dublin and Lucan Electric Railway Company (in Liquidation) (hereinafter for brevity called the Vendors) of the one part and The Dublin United Tramways Company (1896) Limited having its registered office at 59 Upper Sackville Street in the City of Dublin (hereinafter called the Purchasers) of the other part. Whereas the Vendors are the owners of an Electric Railway constructed under certain Orders in Council made under provisions of the Tramways (Ireland) Acts with rights powers and authorities conferred by the said Orders and of the several properties and assets particulars of which are set out in the Schedule hereto. And Whereas by Order of the High Court of Justice Saorstát Eireann dated 26th of January, 1926, and made in the matter of the Dublin and Lucan Electric Railway Company and in the matter of the Companies Acts Record No. 1925-9401 the said Dublin and Lucan Electric Railway Company was ordered to be wound up and D. McDowall Grosart (hereinafter called the Liquidator) was appointed Liquidator with power to negotiate for the sale of the said Undertaking subject to the approval of the Court. And Whereas by Order of the said High Court of Justice dated the 29th day of November, 1926, and made in the said matter the offer of the Purchasers to seek the necessary Statutory powers to acquire the said Undertaking and to purchase the same for £12,500 subject to the conditions hereinafter contained was approved by the Court and the Liquidator was authorised to enter into a Contract with the Purchasers (being these presents). And Whereas the Purchasers have agreed with the Vendors to promote in the Oireachtas a Private Bill to enable the Purchasers to carry into effect the provisions of this Agreement. And Whereas certain draft clauses relating to the incorporation in the Bill of this agreement to the transfer of the Undertaking from the Vendors to the Purchasers and to the payment of the purchase money into Court and such like matters have prior to the execution hereof been submitted to and approved by the Vendors and the Purchasers have undertaken that the same shall be inserted in the Bill to be promoted in pursuance of this agreement. Now These Presents Witness and it is hereby agreed as follows:—

1. The Purchasers shall forthwith promote in the Oireachtas a Private Bill containing all the provisions necessary to enable them to acquire the Vendors Undertaking and carry out this Agreement and shall take all reasonable and proper steps to insure that such Bill shall become law prior to the 31st of July, 1927. The Bill to be promoted in accordance with these presents shall contain the clauses relating to the incorporation of this agreement in the said Bill to the transfer of the Undertaking of the Vendors to the payment of the purchase money into Court and to such like matters which clauses prior to the execution hereof have been submitted in draft to the Vendors and approved by them. The said Private Bill may contain such additional or other clauses dealing with such other matters as the Purchasers may think fit. Provided always that any such additional or other clauses shall not impose any liability upon the Vendors or the Liquidator or vary or affect this Agreement or prejudice the Vendors or their rights under this Agreement.

2. If and when the purchasers have acquired the necessary Statutory Authority to do so the Vendors shall sell and the Purchasers shall purchase the Undertaking of the Vendors and all their property and assets particulars whereof are set out in the Schedule hereto together with the benefit of all existing contracts including the Contracts for supplying Electric Light and Power.

3. The Consideration for the sale shall be the sum of £12,500.

4. Should the Purchasers having used all reasonable expedition and taken all reasonable steps to obtain said Act fail to obtain the same on or before the 31st July, 1927, or in the event of the Oireachtas inserting in the Private Bill to be promoted in pursuance of this Agreement onerous provisions not acceptable to the Purchasers or inconsistent with the provisions of this Agreement then in either of such event the Purchasers shall be under no obligation to make any further attempt to obtain any such Act or carry out the terms of this Agreement and shall thereupon be entitled to rescind the same by one week's notice in writing and in any event the Purchasers, shall be under no obligation to promote more than one private Bill in the Oireachtas for the obtaining of powers to carry out this Agreement.

5. In the event of the Purchasers obtaining a Private Act in accordance with the terms of this Agreement the Vendors shall be deemed to have carried on the Undertaking for the Account of the Purchasers as from the 1st day of May, 1926, up to which date all income and outgoings including rent, rates and taxes shall be apportioned whether the same be by law apportionable or not. Provided that the liability of the Purchasers to recoup the Vendors in respect of all claims and demands including rent, rates and taxes in respect of the carrying on by them of any part of the said Undertaking from the said 1st of May, 1926, shall not exceed the sum of £800. Nothing in this clause shall render the Purchasers liable for any mortgage debenture charge or ordinary debt contracted by the Vendors before the said 1st May, 1926.

6. In the event of the Purchasers failing to obtain a Private Act in accordance with the terms of this Agreement the Vendors shall be deemed to have carried on the Undertaking from the 1st day of May, 1926, on their own account and the Purchasers shall not be under any liability in respect of the same unless such failure shall be due to the wilful default of the Purchasers in complying with the terms hereof.

7. The property of the Vendors is being sold subject to all rents outgoings covenants and conditions affecting the same and to all rights and obligations in respect of repair of highways bridges culverts and such like matters and all rights of way light and casements or other rights of the public or adjoining owners and all rights of local authorities corporations or persons whatsoever whether same are imposed by statute Order in Council covenant contract custom or otherwise.

8. The Purchasers shall accept without objection such title as the Vendors may have to all and every part of the Undertaking and property and this Agreement shall not be rescinded nor shall any compensation be granted to the Purchasers by reason of any defect in title to any portion of the property. The Vendors will however furnish an Abstract of the title and will so far as possible comply with all reasonable requisitions which may be made by the Purchasers in writing within one month from the delivery of an Abstract. Any requisitions not made within that time shall be deemed to have been waived.

9. The Undertaking and Property shall as from the date of this Agreement be at the risk of the Purchasers as to any loss or damage arising out of or caused by fire, riot, civil commotion, military or usurped power Act of God malicious damage theft larceny or any other cause whatsoever.

10. Save in so far as same may be necessary for the purpose of the carrying on of any part of the Undertaking (pending the enactment of the said Private Act) by the Vendors nothing herein contained shall impose any liability on the Vendors or Liquidator to expend moneys or to go to any expense unless indemnified against same by the Purchasers.

11. The Vendors may at any time after the date of this Agreement sell such of the machinery rolling stock and property of the Vendors as may be agreed between the Liquidator and the Purchasers. The proceeds of such sale when received by the Liquidator shall be credited to the Purchasers against the consideration money.

12. After the date of this Agreement and pending the Purchasers Application for the Private Act the Vendors shall not enter into any new continuing Contracts or incur any new continuing liability without the approval of the Purchasers.

13. The property is believed to be correctly described in these presents and in the Schedule but any error misstatement misdescription or omission shall not annul the sale nor shall any compensation whatsoever be allowed to either party.

14. The Private Act shall provide that the Vendors Undertaking and Assets shall be vested in the Purchasers freed and discharged from all debts and liabilities incurred or attached to the same prior to the 1st of May, 1926.

15. The Purchasers shall pay into Court within 14 days from the date when the said Private Act shall become law the sum of £12,500 to the credit of the winding-up matter less the amount received by the Liquidator for assets of the Vendors sold in accordance with Clause 11 of this Agreement and less any other sums that may be due by the Liquidator to the Purchasers on any account whatsoever. In the event of the said sum of £12,500 or any balance thereof hereby contracted to be paid by the Purchasers remaining unpaid same shall bear interest at 5 per cent. from the expiration of the said 14 days.

16. When the said moneys have been paid into Court as aforesaid the Vendors shall hand over to the Purchasers all the original title Deeds and Contracts and the material documents in their possession.

17. Notwithstanding the provisions hereof the Vendors shall be entitled to use and occupy the offices now used by the Liquidator and the furniture equipment books and documents of the Company until the completion of the Winding-up matter and the Vendors are dissolved as a Company.

18. Any dispute or difference arising out of the meaning or construction hereof or of anything to be done or omitted by the parties hereto under these presents shall be determined by the Court.

19. The provisions of this Agreement may be varied or altered and new Agreements may be entered into by the parties hereto in relation to any matter omitted from or not dealt with in these presents subject to the approval of the Court.

IN WITNESS WHEREOF the parties hereto have caused their respective corporate seals to be affixed hereto the day and year first herein Written.

Schedule Referred to in Foregoing Agreement.

Schedule to Agreement.

1. All works, railways, tramways, rights and powers, privileges and authorities constructed or acquired under Orders in Council made under the Tramways (Ireland) Acts belonging to the Dublin and Lucan Electric Railway Company or the Dublin and Lucan Steam Tramway Company on the 1st day of January, 1926.

2. All rails, poles, wires, lines, meters, rolling stock, equipment, power houses, dynamos machinery, materials and stores, and all other articles, utensils, implements and things of or belonging to or used in connection with the Undertaking of the Dublin and Lucan Electric Railway Company.

3. All the interest of the Dublin and Lucan Electric Railway Company in the following lands and hereditaments:—

(a) Depot and premises being part of the lands of Long Meadow with all messuages and buildings thereon with the appurtenances situate at Conyngham Road in the Parish of St. James and County of the City of Dublin held under lease dated 29th October, 1841, expressed to be made between William Worthington of the one part and William Nicholson of the other part for the term of 999 years from 29th September, 1841, at the yearly rent of £15 and subject to the covenants by the Lessees therein and conditions in said Lease reserved and contained.

(b) The Electrical Power Station and premises at Fonthill part of the lands of Fonthill with all messuages and buildings thereon and also the Pump House and premises on the Bank of the River Liffey other part of the said lands of Fonthill with all messuages and buildings thereon together with the right of way appurtenant thereto and leading from the said Power Station premises to the said Pump House premises held in fee-simple (with other premises not now belonging to the Vendors) subject to the yearly rent of £16 reserved by Indenture of Conveyance dated 28th July, 1899, made between John Godley of the first part, Cecilia Julia Godley, wife of the said John Godley, of the second part and the Dublin and Lucan Electric Railway Company of the third part and to the covenants by the Grantee and conditions in said Indenture contained.

(c) Goods-yard and premises at Lucan in the Parish of Lucan and County of Dublin held free of rent.

(d) All that two rooms now occupied by the Dublin and Lucan Electric Railway Company portion of the premises of the Royal Arms Hotel, Lucan, in Parish of Lucan and County of Dublin held under lease dated 13th June, 1906, made between Mary Conlan of the one part and the Dublin and Lucan Electric Railway Company of the other part from the 25th March, 1906, for the term of 30 years at the yearly rent of £14 and subject to the covenants by the Lessees and conditions in said lease contained.

(e) All that and those the strips or pieces or plots of ground being part of the lands of St. Lawrence situate on the south side of Lucan Road in Chapelizod County of Dublin held under Indenture of Lease dated 15th February, 1908 made between Robert Clayton Brown Clayton of the one part and the Dublin and Lucan Electric Railway Company of the other part for the term of 500 years from 1st November, 1907, at the yearly rent of £20 and with the agreements and subject to the covenants by the Lessees and conditions contained in said Lease and are delineated on the map endorsed on said Lease and thereon coloured blue and upon which said premises a railway siding and private path have been made.

4. All other property of whatsoever nature real or personal and all interests in such property owned or occupied by the Dublin and Lucan Electric Railway Company for the purposes of working the present Electric railway from Parkgate Street Dublin to the town of Lucan.

SECOND SCHEDULE.

Memorandum of Agreement made the 4th day of January, 1927, between Alice M. Keohane, wife of Patrick Thomas Keohane of St. Nessan's, Sutton, Co. Dublin; Arthur C. J. Cox of 5, Saint Stephen's Green, Dublin; Francis Elliott Scallan of Ludford Park, Dundrum, Co. Dublin; Herbert Harrison of Hollybrook Cottage, Foxrock, Co. Dublin; John Plunkett Dillon of Clonlea, Dundrum, Co. Dublin; Mrs. Sarah E. Hill of 49, Belgrave Square, Rathmines, Co. Dublin; Arthur C. J. Cox, surviving administrator of R. T. Scallan, deceased, 5, Saint Stephen's Green, Dublin; Patrick Thomas Keohane, John Walsh and William Paul Kelly all of 50, Upper O'Connell Street, Dublin; and Reverend Francis M. Browne of Saint Francis Xavier's, Gardiner Street, Dublin, shareholders of the Lucan and Leixlip Electric Railway Company hereinafter called “the shareholders” of the 1st part and the Dublin United Tramways Company (1896) Limited having its registered office at 59 Upper O'Connell Street in the City of Dublin hereinafter called “the Company” of the second part. Whereas by Order in Council dated the 2nd day of December, 1910, and entitled the “Lucan and Leixlip Electric Railway Order, 1910,” the Lucan and Leixlip Electric Railway Company hereinafter called The Leixlip Company was incorporated as a Company Limited by shares. And Whereas the said Order in Council authorised the Leixlip Company to construct and maintain an electric railway on the public road between the town of Lucan and Doddsborough Corner. And Whereas the Leixlip Company duly constructed the said Electric Railway. And Whereas by Section 51 of the said Order in Council the Leixlip Company was empowered to lease their undertaking to any body corporate. And Whereas by Indenture of Lease dated the 17th day of August, 1911, and made between the Leixlip Company and the Dublin and Lucan Electric Railway Company the former leased to the latter their said undertaking upon the latter entering into a covenant to maintain the said Undertaking and to pay all rates taxes and outgoings of whatsoever nature in connection with the said Electric Railway from the town of Lucan to Doddsborough Corner. And Whereas the shareholders hold all the shares in the Leixlip Company and are desirous of transferring all their said shares to the Company and the Company are desirous of purchasing the same for the sum of £800.

NOW IT IS HEREBY AGREED as follows:—

1. The Company shall forthwith promote in the Oireachtas a Private Bill containing all the provisions necessary to enable them to carry out the terms of this agreement and shall take all reasonable steps necessary to insure that the said Bill shall become law prior to the 1st July, 1927. The said Private Bill may contain such additional or other clauses dealing with such other matters as the Purchasers may think fit provided that any such additional or other clauses shall not impose any liability upon the shareholders or vary or affect this agreement or prejudice the rights of the shareholders under this agreement.

2. If and when the Company shall have acquired the necessary Statutory Authority to purchase the said shares the Shareholders shall sell and transfer and the Company shall purchase and accept the transfer of all the Shares of the Leixlip Company.

3. The consideration for the said transfer shall be the sum of £800 to be divided as follows:—

(1). To Mrs. Alice M. Keohane, shareholder, the sum of £25 in consideration for the transfer of five fully paid shares of £10 each, numbered 156 to 160 inclusive in the Register of shares of the Leixlip Company.

(2). To Arthur C. J. Cox, shareholder, the sum of £25 in consideration for the transfer of five fully paid shares of £10 each numbered 6 to 10 inclusive in the Register of shares of the Leixlip Company.

(3). To Francis Elliott Scallan, shareholder, the sum of £595 in consideration for the transfer of 119 fully paid shares of £10 each numbered 1 to 5 inclusive, 11 to 110 inclusive, 117 to 125 inclusive and 141 to 145 inclusive in the Register of shares of the Leixlip Company.

(4). To Herbert Harrison, shareholder, the sum of £10 in consideration for the transfer of 2 fully paid shares of £10 each, numbered 113 and 114 in the Register of shares of the Leixlip Company.

(5). To John Plunkett Dillon, shareholder, the sum of £25 in consideration for the transfer of 5 fully paid shares of £10 each numbered 136 to 140 inclusive in the Register of shares of the Leixlip Company.

(6). To Mrs. Sarah E. Hill, shareholder, the sum of £35 in consideration for the transfer of 7 fully paid shares of £10 each numbered 115 and 116 and 146 to 150 inclusive in the Register of shares of the Leixlip Company.

(7). To Arthur C. J. Cox, surviving administrator of R. T. Scallan, deceased, shareholder, the sum of £10 in consideration for the transfer of 2 fully paid shares of £10 each numbered 111 and 112 in the Register of shares of the Leixlip Company.

(8). To Patrick Thomas Keohane, John Walsh and William Paul Kelly, joint shareholders, the sum of £25 in consideration for the transfer of 5 fully paid shares of £10 each numbered 131 to 135 inclusive in the Register of shares of the Leixlip Company.

(9). To Reverend Francis M. Browne, shareholder, the sum of £50 in consideration for the transfer of 10 fully paid shares of £10 each numbered 126 to 130 inclusive and 151 to 155 inclusive in the Register of shares of the Leixlip Company.

4. The shareholders shall effect the transfer of the said shares within fourteen days from the passage into law of the said Private Bill, and upon the same day as the said transfer the Company shall pay the consideration in the divisions set out in paragraph 3 hereof.

5. Should the Company having used all reasonable expedition and taken all reasonable steps to obtain the passage into law of the said Private Bill fail to obtain the same on or before the 1st day of July, 1927, or in the event of the Oireachtas contrary to the contentions of the Company inserting in the Private Bill to be promoted in pursuance of this agreement, onerous provisions not acceptable to the Company or inconsistent with the provisions of this agreement, then in either of such event the Company shall be under no obligation to make any further attempt to obtain any such Act or carry out the terms of this agreement, and shall thereupon be entitled to rescind the same by one week's notice in writing, whereupon the same shall be deemed to have been completely nullified in all respects and in any event the Company shall be under no obligation to promote more than one Private Bill in the Oireachtas for the obtaining of powers to carry out this agreement. In the event of the said purchase not having been completed by the Company by the 31st day of July, 1927, it shall be lawful for the shareholders to rescind this agreement by one week's notice in writing to the Company.

6. The Shareholders jointly and severally covenant with the Company that after the date of this agreement and pending the passage into law of the said Private Bill (subject to the provisions of Clause 5 hereof) they shall not allow the Leixlip Company to enter into any new continuing contract without the approval of the Company.

7. The Private Bill to be promoted by the Company shall provide that the Undertaking of the Leixlip Company shall vest in the Company as of the date of the passage into law of the said Private Bill but the purchase of the said shares shall be deemed to date back to the date of this agreement.

IN WITNESS WHEREOF the parties of the first part hereto have respectively set their hands and affixed their seals and the Company has hereunto affixed its Common Seal the day and year first herein Written.