Dublin Port and Docks (Bridges) Act, 1929

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Number 2 (Private) of 1929.

DUBLIN PORT AND DOCKS (BRIDGES) ACT, 1929.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary.

PART II.

Butt Bridge Rebuilding, and Construction of Transporter Bridge.

PART III.

Financial Provisions.

PART IV.

Bridges and Quay Walls.

PART V.

Miscellaneous.

FIRST SCHEDULE.

SECOND SCHEDULE.

Number 2 (Private) of 1929.

DUBLIN PORT AND DOCKS (BRIDGES) ACT, 1929.

AN ACT TO ENABLE THE DUBLIN PORT AND DOCKS BOARD TO REBUILD, ALTER AND ENLARGE BUTT BRIDGE; AND TO CONSTRUCT EASTWARD THEREOF A TRANSPORTER BRIDGE OVER THE RIVER LIFFEY; TO PROVIDE FUNDS FOR THE EXECUTION OF THESE WORKS; TO AUTHORISE AN ADDITIONAL RATE OR A SUBSTITUTED RATE IN THE PLACE OF CERTAIN EXISTING RATES AND FOR OTHER PURPOSES. [26th April, 1929.]

WHEREAS by “The Dublin Port and Docks Act, 1869” (hereinafter referred to as “the Act of 1869”) the various Acts of the Parliament of Ireland and of the United Kingdom relating to the Dublin Port and Docks Board (hereinafter called “the Board”) by its present title or by its former title of “The Corporation for Preserving and Improving the Port of Dublin” were consolidated and amended and (by Section 9) it was expressly enacted that the care management and superintendence of the Port of Dublin should be vested in the Board together with the building repairs and maintenance of all quay walls bridges and embankments included within the Port as defined by that Act:

AND WHEREAS by a Public General Act (hereinafter referred to as “The Act of 1854”) passed in the 17th year of Her late Majesty Queen Victoria and intituled “An Act to enable the Collector General of Dublin to levy money to repay a certain cutlay by the Corporation for Preserving and Improving the Port of Dublin in and about repairing the quay walls of the River Liffey and for future repairs thereof and for repairing and building bridges over the said River” it was among other things enacted that when and so often as it should be necessary to expend any money for the purpose of repairing or rebuilding the several bridges between O'Connell Bridge and Rory O'More Bridge, then respectively known as “Carlisle Bridge” and “Barrack Bridge,” including those two Bridges, the amount required should be estimated by the Corporation for Preserving and Improving the Port of Dublin and should be applotted raised and levied by the Collector General of Rates in the same manner as the Police Rate and that all the provisions contained in “An Act to provide for the collection of rates in the City of Dublin” (hereinafter referred to as “The Act of 1849”) for the applotting assessing raising levying lodging accounting for auditing and paying over the sums in the Act of 1849 mentioned should extend and be applicable to the Bridge Tax by the Act of 1854 authorised as fully as if the same had been specifically mentioned in the Act of 1849 and been declared to be one of the rates leviable thereunder, and it was by the Act of 1854 further provided that the Bridge Tax should be raised and levied on and out of all houses and other buildings erected within the district of Dublin Metropolis as defined or authorised to be defined by an Act of the 6th and 7th years of the reign of King William the Fourth intituled “An Act for improving the Police in the district of Dublin Metropolis” and any other Act amending the same, and that the proceeds of the Bridge Tax should be paid to the Board by its then name of the Corporation for Preserving and Improving the Port of Dublin:

AND WHEREAS by “The Dublin Port and Docks Board (Bridges) Act, 1876” (hereinafter referred to as “the Act of 1876”) the powers contained in the Act of 1854 were extended and the Board were among other things empowered to construct and maintain a new opening Bridge (hereinafter referred to as “Butt Bridge”) over the River Liffey and to borrow the money necessary for that purpose on the security of the Bridge Rate payable within the limits of the Bridge Area as defined by that Act:

AND WHEREAS Butt Bridge was constructed under the powers contained in the Act of 1876 by means of moneys borrowed on the security of the Bridge Rate and all moneys so borrowed and the interest thereon have been paid off and the Bridge Rate authorised to be levied under that Act has ceased to be leviable:

AND WHEREAS by “The Local Government (Ireland) Act 1898 ” the manner in which the Bridge Tax and Bridge Rate as therein defined should be collected was altered and amended:

AND WHEREAS by “The Dublin Port and Docks Act 1898” (hereinafter referred to as “the Act of 1898”) the Dublin Port and Docks Act, 1902 (hereinafter referred to as “the Act of 1902”) and the Dublin Port and Docks Act 1920 (hereinafter referred to as “the Act of 1920”) further powers (including the power to create and issue Redeemable Stock) were conferred on the Board:

AND WHEREAS Butt Bridge has proved insufficient for the accommodation of traffic resorting thereto, and it is no longer necessary that the same should be maintained as an opening bridge, and it is therefore expedient that powers with respect to the rebuilding altering and maintaining thereof should be conferred upon the Board as hereinafter provided:

AND WHEREAS owing to the great increase in and consequent congestion of traffic on the quays and other causes there is increasing need of further bridge accommodation across the River Liffey eastward of Butt Bridge and in order that navigation in the Harbour of Dublin may be interfered with as little as possible it is expedient that such further bridge accommodation should take the form of a transporter bridge:

AND WHEREAS neither the Act of 1854 nor the Act of 1876 contains any provisions for rebuilding Butt Bridge as a fixed bridge or for the construction of a bridge over the Liffey eastward of Butt Bridge and the Act of 1854 has moreover proved unequal and defective in its operation in certain respects and especially (having regard to existing conditions) in respect of the area of taxation, and inconvenient in that it provides only for the execution of works directly out of the produce of the Bridge Tax and not out of moneys borrowed on the security of that Tax:

AND WHEREAS the conditions affecting the Quay Walls between Butt Bridge and O'Connell Bridge are now in no respect different from the conditions affecting the several Quay Walls in the Port of Dublin westward of O'Connell Bridge and it is expedient that the Quay Walls between O'Connell Bridge and Butt Bridge should accordingly from and after the passing of this Act become and be repairable in like manner and out of the same funds as the said Quay Walls westward of O'Connell Bridge; and accordingly it is expedient that the Bridge Tax should be abolished and that the costs charges and expenses of the building rebuilding repairing and maintaining of all Quay Walls Bridges and Embankments within the Port of Dublin, commencing from and including Rory O'More Bridge and extending to and including Butt Bridge and any reconstruction thereof and of the building rebuilding repairing and maintaining of such proposed Transporter Bridge should from and after the 1st day of April next following the passing of this Act be defrayed out of one single rate to be authorised by this Act and to be called the “Bridge Rate” and that the working of such Transporter Bridge including the payment of officers and workmen necessary for that purpose should from and after the said bridge shall have been opened for traffic be defrayed as to one moiety thereof out of the Port Fund (as defined by section 224 of the Act of 1869) and as to the other moiety out of the said Bridge Rate:

AND WHEREAS it is expedient that such further provisions should be made and authorised as are in this Act mentioned:

AND WHEREAS Plans and Sections showing the lines and levels of the Works authorised by this Act and also Books of Reference were duly deposited with the Principal Clerk of the Private Bill Office, and are hereinafter respectively referred to as the deposited Plans and Sections and Books 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:—

PART I.—PRELIMINARY.

Division of Act into Parts.

1.—This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Butt Bridge Rebuilding, and Construction of Transporter Bridge.

Part III.—Financial Provisions.

Part IV.—Bridges and Quay Walls.

Part V.—Miscellaneous.

Incorporation of Acts.

2.—The following Acts and Parts of Acts (that is to say):—

The Lands Clauses Acts as amended and modified by the Acquisition of Lands (Assessment of Compensation) Act 1919 ;

The provisions of the Commissioners Clauses Act 1847 with respect to the Mortgages to be executed by the Commissioners (excepting Section 84); and

The provisions of the Railways Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the Railway during the construction thereof

so far as the same are applicable for the purposes of and not varied by or inconsistent with this Act are incorporated with and form part of this Act and in construing the Acts so incorporated the expressions “The Company” “The Commissioners” or any like expression mean “The Board,” and the expression “The Railway” or any like expression means the bridges and works by this Act authorised.

Interpretation of Terms.

3.—Terms to which meanings are assigned in enactments recited in or incorporated with this Act or which have therein special meanings have in this Act the same respective meanings unless the contrary be plainly expressed or sufficiently appears from the context and the term “The Corporation” shall mean the Right Honourable the Lord Mayor Aldermen and Burgesses of Dublin acting by the Council and includes any person in whom the powers and duties of the Council are for the time being vested, and the term “The County Council” shall mean the County Council of the County of Dublin for the time being.

PART II.—BUTT BRIDGE REBUILDING, AND CONSTRUCTION OF TRANSPORTER BRIDGE.

Power to make works and powers as to works.

4.—(a) Subject to the provisions of this Act the Board may make perform construct and maintain in the line and situations and according to the levels shown on the deposited Plans and Sections all or any of the works hereinafter described with all proper works and conveniences connected therewith and may enter upon take and use such of the lands delineated on the deposited Plans and described in the deposited Books of Reference as may be required for that purpose. The works herein-before referred to will be wholly situate in the Parishes of Saint Mark and Saint Thomas in the County Borough of Dublin and are:—

Work No. 1.—To take down and remove Butt Bridge partially or wholly and to rebuild same within the limits of lateral deviation shown on the deposited Plans and to convert Butt Bridge from an opening into a fixed bridge or to rebuild the same as a fixed bridge and to alter widen and improve the same for the whole length thereof from George's Quay to Eden Quay and Custom House Quay whereof the Board may alter the levels within the limits of deviation shown on the deposited Plans.

Work No. 2—To construct and maintain a new high level Transporter Bridge over the River Liffey with all convenient and necessary abutments piers hydraulic or electric machinery and works in connection therewith and all necessary approaches thereto for the passage and conveyance of passengers horses cattle carts carriages and vehicles of every description, such bridge commencing from a point near the southern end of Guild Street on the North Wall Quay and terminating at a point near the northern end of Cardiff Lane on Sir John Rogerson's Quay.

(b) In connection with the said works hereinbefore authorised the Board may exercise all or any of the following powers:—

1.—As to Butt Bridge.

The Board may during the progress of the said works erect and maintain any temporary bridge and may form and maintain such temporary roads in connection therewith as they deem necessary for the accommodation of the traffic using such temporary bridge and may subsequently remove such temporary bridge and roads or such of them as may be rendered unnecessary through the completion of the works by this Act authorised: Provided always that the Board shall be bound to make to the satisfaction of the Commissioner of the Gárda Síochána and the Corporation such arrangements as shall be necessary to provide facilities at all times during the construction of the works for the free passage of the traffic aforesaid. In case of dispute as to the sufficiency of the arrangements between the Board and the Commissioner of the Gárda Síochána and the Corporation or either of them the question in dispute shall be decided by the Minister for Local Government and Public Health or by a person nominated by him.

2.—As to Both Bridges.

The Board may cross open or break up divert raise lower alter stop up or interfere with whether temporarily or permanently and if necessary may appropriate the site and soil of and extinguish all rights of way over roads streets tramways quays wharves landing places steps railways rivers streams water-courses drains culverts sewers gas-pipes water-pipes lamp-posts telegraphic telephonic electric and other wires pipes and apparatus and other works so far as may be necessary for the purposes aforesaid. The several powers conferred by this Act shall be in addition to any powers possessed by the Board under any other Act relating to the Board or otherwise howsoever.

Errors and Omissions in Plans, etc., may be corrected.

5.—If any omission mis-statement or erroneous description shall have been made of any lands or of the owners, lessees or occupiers of any lands described on the Plans or in the Books of Reference the Board may after giving ten days' notice to the owners lessees or occupiers of the lands affected by such proposed correction apply to a District Justice having jurisdiction in the County Borough of Dublin for the correction thereof, and if it shall appear to such Justice that such omission mis-statement or erroneous description arose from mistake he shall certify the same accordingly and he shall in such certificate state the particulars of any such omission and in what respect any such matter shall have been mis-stated or erroneously described and such certificate shall be deposited with the Principal Clerk of the Private Bill Office of the Oireachtas, and such certificate shall be kept by such Clerk along with the other documents to which it relates and thereupon such Plans and Books of Reference shall be deemed to be corrected according to such certificate and the Board may proceed with the works in accordance with such certificate.

Limits of Deviation.

6.—The Board may in the construction of the works authorised by this Act deviate laterally from the line thereof to the extent delineated upon the deposited Plans and may deviate from the levels of all or any of the works shewn on the deposited Sections in the case of Butt Bridge to any extent not exceeding five feet upwards and to any extent downwards and in the case of the Transporter Bridge to any extent not exceeding twenty feet upwards or five feet downwards.

Period for compulsory purchase of lands.

7.—The powers of the Board for compulsory purchase of lands for the purposes of this Act shall not be exercised after the expiration of five years from the passing of this Act.

Period for completion of works.

8.—The works by this Act authorised shall not be commenced until after the Estimates Designs and Plans referred to in the section of this Act whereof the marginal note is “Procedure as to Estimates” shall have been approved as therein provided and shall be completed as to Work No. 1 within five years after the passing of this Act and as to Work No. 2 within seven years after the passing of this Act or as to Work No. 2 only within such further period not exceeding three years commencing from the expiration of the said period of seven years as may on application being made by the Board to the Minister for Industry and Commerce be prescribed by an order of such Minister and if they are not completed within the said respective periods or extended period as the case may be then on the expiration thereof the powers by this Act granted to the Board in respect of the due execution of the said works shall cease to be exercisable except as to so much thereof as shall then be completed without prejudice however to any powers possessed by the Board under the Act of 1869 the Act of 1898 the Act of 1902 the Act of 1920 or otherwise than under the authority of this Act:

Provided that an order made in pursuance of the powers conferred by this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it annulling such order such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

River not to be obstructed.

9.—During the execution of the works hereby authorised the Board shall take all suitable precautions for keeping the navigation of the River Liffey free from obstruction, except only such obstruction as may be unavoidable.

Lands for depositing materials, etc.

10.—The Board may, in and upon any lands within the limits of deviation shown upon the deposited Plans, deposit and work materials for the purposes of the works by this Act authorised, and may make any temporary erections necessary or desirable in connection with the progress and carrying on of the said works, doing as little damage as the circumstances will reasonably permit.

Sewers, etc., may be stopped up or altered.

11.—Subject to the provisions hereinafter contained, the Board may cause any sewers drains streams watercourses channels conduits or pipes which shall be in or near the intended situation of the works authorised by this Act or any of them to be stopped up arched over widened divided or otherwise altered or interfered with, as they shall think necessary for making and completing the said works, or any of them, so that the Board do previously to stopping up the same provide in lieu thereof sufficient and convenient means for conveying off the water from the lands and premises adjoining or near the said works.

Streets, etc., may be broken up subject to superintendence of the Borough Surveyor.

12.—All matters works and things which under the provisions of this Act the Board may be empowered or required to do or execute with reference to any of the streets roadways sewers drains water-mains and pipes belonging to or under the control or management of the Corporation whether in their corporate capacity or as local sanitary authority or otherwise shall be done and executed by the Corporation at the cost of the Board and such works matters and things shall be commenced and carried out after seven days' notice thereof in writing shall have been given by the Board to the Corporation: Provided always that if the Corporation shall fail within the said space of seven days from the delivery of such notice to commence and proceed with the proposed works then they shall be taken as assenting to such works and such works may be done and executed by the Board under the superintendence and to the reasonable satisfaction of the Borough Surveyor and any difference which may arise between the Corporation and the Board concerning the said works shall be referred to an Engineer to be agreed on between them or in default of agreement to an Engineer to be appointed by the Minister for Local Government and Public Health upon the application of either party.

PART III.—FINANCIAL PROVISIONS.

Board to furnish estimates for cost of reconstruction or rebuilding Butt Bridge, and construction of Transporter Bridge.

13.—Subject to the provisions hereinafter contained the Board shall with all reasonable dispatch and in any event not later than twelve calendar months after the passing of this Act estimate as nearly as may be the respective amounts which will be necessary for altering widening strengthening and improving Butt Bridge or for taking down and removing the same and building a new fixed bridge on or near the site thereof and constructing a Transporter Bridge respectively with all approaches and works incidental respectively thereto and for all costs charges and expenses connected therewith respectively including the erection maintenance and removal of any temporary bridge or other accommodation in accordance with the provisions of this Act and the preparation of plans and supervision necessary for carrying the same into effect and the costs charges and expenses preliminary to and of and incidental to the preparing applying for and obtaining of this Act or otherwise in relation thereto and having certified that amount under their common seal shall transmit a copy of each of such estimates together with the designs and plans relating to such bridges and the works in connection with the same respectively to the Minister for Local Government and Public Health and also to the Town Clerk of the Corporation (hereinafter called “the Town Clerk”) and to the Secretary of the County Council.

Procedure as to Estimates.

14.—(1) The Minister for Local Government and Public Health shall as soon as may be after the receipt by him of the said estimates designs and plans and after considering any representations made to him by the Corporation and the County Council respectively approve of the same subject to such modifications (if any) in the said designs and plans as he may think fit to direct, or he may disapprove of such estimates designs and plans and shall signify his approval (with such modifications if any as aforesaid) or disapproval as the case may be to the Secretary of the Board specifying in the latter case any portion or portions of the estimates designs and plans respectively of which he disapproves.

(2) The works by this Act authorised or either of them shall not be constructed altered or extended otherwise than in accordance with the designs and plans approved of (with or without modifications as aforesaid) by the Minister for Local Government and Public Health under this Act or with such further modifications as the said Minister may from time to time thereafter at the request of the Board approve of.

(3) The fact that any such estimate as approved altered or amended as in this section provided shall prove to be an over-estimate or under-estimate shall not affect the validity of any rate or rates to be levied under the powers in this Act contained.

(4) Nothing in this section contained shall derogate in any way from the powers by this Act conferred on the Minister for Industry and Commerce.

(5) Any expenses incurred by the Minister for Local Government and Public Health in relation to the approval or disapproval by him of the estimates, designs and plans referred to in this section shall to such extent as shall be certified by the said Minister be paid to him by the Board and shall be defrayed by the Board as part of their expenses under this Act.

Creation and Incidence of Bridge Rate.

15.—(1) On and after the 1st day of April next following the passing of this Act there shall be leviable as and when occasion requires a rate or rates to be known and hereinafter referred to as the “Bridge Rate.”

(2) The Bridge Rate shall be leviable off the tenements and hereditaments rateable to Poor Rate in the Bridge Rate Area (as hereinafter defined) excluding land entered as “land” in the Valuation List within the meaning of the Valuation Acts which is not part of a railway or canal and which is situate in the Urban District of Howth or in the townlands specified in the First Schedule to this Act which land shall be exempt from the Bridge Rate.

Bridge Rate area.

16.—The limits within which the Bridge Rate shall be leviable (hereinafter referred to as the “Bridge Rate Area”) shall comprise and consist of the County Borough Urban Districts and Townlands specified and described in the said First Schedule to this Act.

Power to borrow on security of Bridge Rate.

17.—For the purpose of carrying out the works by this Act authorised and defraying all costs charges and expenses connected therewith and incidental to the preparing applying for and obtaining of this Act the Board may from time to time borrow at interest on the security of the Bridge Rate whether then actually levied or in anticipation of its being levied any sum or sums not exceeding in the whole £300,000 and may from time to time mortgage the Bridge Rate to secure repayment thereof with interest accordingly.

Creation of Stock.

18.—(1) In addition to and not in substitution for any power conferred upon the Board by section 17 of this Act (Power to Borrow on security of Bridge Rate) the Board may from time to time by resolution create a redeemable stock to be from time to time issued for such a nominal amount or nominal amounts as they think fit not exceeding in the aggregate such nominal amount as according to the price of issue less any brokerage and under-writing commission would produce the actual amount of money lawfully raisable by the Board under the Powers conferred by this Act.

(2) The Board may issue such redeemable stock at such price or prices (whether equal to greater or less than the nominal amount of stock) as the Board shall by such resolution determine.

(3) The Board by any resolution creating any amount of such redeemable stock shall

(a) specify that the stock created thereby is redeemable,

(b) prescribe such period not exceeding sixty years as they shall think fit as the period within which that amount of stock shall be redeemed, such period commencing as the Board may determine either from the date of such resolution or from the date of the issue of the stock,

(c) prescribe that the stock so created shall bear interest half-yearly at such rate as they shall think fit whether the same as or differing from the rate of interest borne by any other portion of such stock already issued as the Board shall by such resolution determine and the amount of such stock to which such resolution relates shall bear interest thereby determined accordingly.

(4) All stock at any time created under the powers conferred by this section shall rank equally without any priority or preference by reason of the date of creation or date of issue of any portion of such stock or on any other ground whatsoever.

(5) All such stock shall be designated by the Board as “Dublin Bridge Stock” herein called “Bridge Stock.”

(6) Bridge Stock shall be deemed capital stock of a body corporate within the Forgery Act 1861.

Charge of Bridge Stock.

19.—All Bridge Stock for the time being issued and the dividends thereon shall be and the same are by virtue of this Act charged on the Bridge Rate created by this Act.

Application of certain provisions of previous Acts.

20.—The sections of the several Acts specified in the Second Schedule to this Act shall extend and apply to the borrowing of money under the powers of this Act and to the money so borrowed and to the creation of Bridge Stock and to the Board in respect thereof respectively and all references therein to Board Stock and Port Fund respectively shall be read and have effect as references to Bridge Stock and Bridge Rate respectively.

Power to reborrow.

21.—If the Board pay off any moneys borrowed by them under this Part of this Act otherwise than by instalments or by means of a Sinking Fund they may from time to time reborrow the same but all moneys so reborrowed shall be repaid within the hereinbefore prescribed period and shall be deemed to form the same loan as the moneys originally borrowed and the obligations of the Board with respect to the repayment of the loan and to the provision to be made for such repayment shall not be diminished by reason of such reborrowing.

Fees and Forms.

22.—(1) Fees not exceeding the following may be taken by or on behalf of the Board in the cases mentioned:

(2) The forms given in the Third Schedule to the Act of 1898 or forms to the like effect with such variations or additions as circumstances require may be used and shall be effectual for the purposes of this Act.

Power to grant mortgages at fixed rates of interest after deduction of Income Tax.

23.—The Board may, if they think fit, raise the money required for the purposes of this Act on Mortgage of the Bridge Rate upon terms that the interest on such mortgages shall be paid to the mortgagee by the Board at such rate or varying rates per centum per annum that after deduction of Income Tax on such interest the mortgagee will from time to time receive interest on his mortgage at such fixed net rates as may be agreed between him and the Board.

Statement of intended borrowing to be forwarded.

24.—The Board shall from time to time certify under the hand of their Secretary and forward to the Town Clerk and the Secretary of the County Council respectively a statement of the amount which the Board requires immediately to borrow under the powers by this Act given to them: Provided always that the forwarding to the Town Clerk and the Secretary of the County Council of any such statement or statements as aforesaid shall not imply or entail any necessity for confirmation or sanction by the Corporation or the County Council of such statement or statements.

Particulars to be furnished of loan when obtained.

25.—When and so soon as any loan for the purposes of this Act shall have been obtained by the Board and completed the Board shall communicate to the Town Clerk and the Secretary of the County Council the amount of such loan and the terms upon which same was raised and the time and method of repayment of such loan.

Interest on loan, etc., to be defrayed out of Bridge Rate.

26.—The annual interest payable or agreed to be paid in respect of any loan obtained or to be obtained by the Board under the powers and for the purposes of this Act and the annual or other instalments by which the said loan shall be repayable or otherwise as the case may require and any necessary costs charges and expenses in connection with such loan or with this Act and also such of the annual costs charges and expenses as are by Part IV . of this Act chargeable to the Bridge Rate shall be defrayed out of the Bridge Rate and the Board shall deliver not later than such day as shall be prescribed by the Minister for Local Government and Public Health in every year to the Corporation and to the County Council respectively a Certificate under the seal of the Board stating the amount required to be levied for these purposes by way of the Bridge Rate in the twelve calendar months commencing on the 1st day of April following.

Mode in which Bridge Rate is to be levied.

27.—(1) The Board shall apportion the amount so certified between the County Borough of Dublin and that portion of the County of Dublin included in the Bridge Rate Area according to rateable value as hereinafter defined and shall send to the Corporation a demand for the amount apportioned to the County Borough of Dublin and to the County Council a demand for the amount apportioned to that portion of the County of Dublin included in the Bridge Rate Area adding to the demand sent to the Corporation such sums (if any) as the Minister for Local Government and Public Health certifies to be the proportion of the Collector General's annuity properly chargeable to the County Borough of Dublin in respect of Bridge Rate under this Act for the year to which such demand relates and adding to the demand sent to the County Council such sums (if any) as the said Minister certifies to be the proportion of the Collector General's annuity properly chargeable to that portion of the County of Dublin included in the Bridge Rate Area in respect of Bridge Rate under this Act for the year to which such demand relates and adding also to each of such demands an amount by way of allowance as and for costs of collection and irrecoverable rates and office expenses which amount shall be equivalent to five per cent. on the amount to be raised as hereinafter provided pursuant to such demand and the Corporation and County Council respectively shall pay to the Board the amounts specified in the demand sent to them as aforesaid by equal half-yearly payments on the 1st day of June and 1st day of December in each year deducting from each such payment one half of the sum (if any) so as aforesaid certified by the Minister for Local Government and Public Health in respect of the Collector General's annuity, and also one half of the said allowance of five per cent.

(2) The Corporation shall raise either by means of the Bridge Rate as a separate rate or by means of the Poor Rate but as a separate item thereof a sum equal to the amount specified in such demand but the demand note shall specify approximately the amount in the pound required.

(3) A sum equal to the amount specified in such demand on the County Council shall be raised in manner provided by the Local Government (Ireland) Act, 1898 , with respect to a railway or harbour charge; but the County Council in lieu of raising the amount required to meet the same by means of the Poor Rate may if they think fit raise it by levying the Bridge Rate as a separate rate.

(4) The Corporation or the County Council levying the Bridge Rate as a separate rate for the purpose of this Act shall make levy and collect the same upon the same basis and in like manner as the Poor Rate and all enactments relating to the Poor Rate shall apply accordingly.

(5) For the purposes of this section the expression “rateable value” shall mean valuation under the Valuation Acts exclusive of the valuation of the tenements and hereditaments exempted by this Act from the Bridge Rate.

Rate to be one Rate though levied and collected in sections.

28.—The proportionate parts or assessments so to be levied in or over different portions of the Bridge Rate Area under the provisions of this Act shall nevertheless form together one general rate applicable to and issuing out of the entire Bridge Rate Area and in all accounts and proceedings of the Board or of the Corporation or the County Council or of any other parties it shall be called and distinguished as the Bridge Rate.

As to differences, if any, between the Corporation, the County Council and the Board.

29.—If any difference shall arise between the Corporation and the County Council and the Board or between any two of them as to the proportions in which any Bridge Rate is properly leviable within the County Borough of Dublin and the County of Dublin respectively or as to any other matter or thing connected with the Bridge Rate or Bridge Rate Area or with the provisions of this Act in relation thereto or as to any expenses which under this Act are directed to be paid out of the Port Fund such difference shall be stated in writing by the Town Clerk the Secretary of the County Council and the Secretary of the Board respectively and forwarded to the Minister for Local Government and Public Health whose decision in the matter shall be final.

Separate accounts to be kept.

30.—The Board shall keep separate and distinct accounts of the produce of the Bridge Rate under this Act and of the expenditure upon the works by this Act authorised and upon the maintenance working (including the payment of officers and workmen necessary for that purpose) repair and rebuilding of the Bridges and Quay Walls provided for in Part IV . of this Act and likewise respecting all moneys borrowed for the purposes of this Act and the existing provisions of any Act as to accounts and audit of accounts of the Board shall mutatis mutandis be applicable to accounts and the audit of accounts under this Act.

Application of moneys.

31.—The moneys from time to time borrowed by the Board under the authority of this Act for or in connection with the reconstruction or rebuilding of Butt Bridge and the construction of the Transporter Bridge shall be applied as follows:—

In paying or as the case may be in repaying the costs charges and expenses of and incidental to the applying for obtaining and passing of this Act.

In and towards the reconstruction alteration widening improvement or rebuilding of Butt Bridge or to the removal of Butt Bridge and erection of a new bridge and of any temporary bridge by this Act authorised and the construction of the Transporter Bridge and in and towards all costs charges and expenses in anywise incidental thereto respectively.

Abolition of the Bridge Tax.

32.—From and after the 1st day of April next after the passing of this Act the Bridge Tax as defined in section 66 (9) of the Local Government (Ireland) Act, 1898 , leviable under the Act of 1854 shall cease to be leviable and all charges costs and expenses hitherto chargeable to the Bridge Tax including such sum if any as may be certified by the Minister for Local Government and Public Health to be the proportion of the Collector General's annuity which but for this section would have been properly chargeable to Bridge Tax under section 66 of the Local Government (Ireland) Act, 1898 shall from and after that date be chargeable to and defrayed out of the Bridge Rate hereby created and any surplus of Bridge Tax then in the hands of the Board being part of the proceeds of the Bridge Tax levied under the Act of 1854 shall be transferred to the credit of the Bridge Rate Account of the Board.

Application of surplus borrowed money.

33.—When the works authorised by this Act shall have been completed the surplus (if any) of money borrowed under this Act remaining in the hands of the Board shall if such surplus amounts to or exceeds the sum of £1,000 be applied in reduction of the amount then outstanding of any loan raised by the Board under the powers of this Act and if such surplus shall be less than the sum of £1,000 the same shall be transferred to the Bridge Rate Account of the Board and be applicable for or towards the discharge of the costs charges and expenses chargeable under this Act to that rate in the then present or any future financial year of the Board.

PART IV.—BRIDGES AND QUAY WALLS.

Rebuilding, repair and maintenance of Bridges and Quay Walls to be defrayed in future out of the Bridge Rate.

34.—(1) From and after the passing of this Act the costs charges and expenses of rebuilding reconstructing altering improving repairing and maintaining the Quay Walls of the River Liffey in the Port of Dublin situate and lying between Butt Bridge and Rory O'More Bridge and the rebuilding reconstructing altering improving repairing and maintaining of the several Bridges under the jurisdiction of the Board (including Butt Bridge and the Transporter Bridge) shall be solely chargeable to and defrayed out of the Bridge Rate leviable under this Act:

Provided that except with the written consent of the Corporation and of the County Council the sum raisable by means of the Bridge Rate in respect of the rebuilding reconstruction altering or improving the several Bridges under the jurisdiction of the Board shall not exceed £6,000 in any one year and shall not exceed £20,000 in any period of five years but so that nothing contained in this proviso shall operate to limit or affect the powers conferred upon the Board by this Act in reference to the Works No. 1 and No. 2 by this Act authorised or their powers under this Act of providing for the costs charges and expenses of such works.

(2) One moiety of the expenses of the working of the Transporter Bridge and of the payment of the officers and workmen necessary for that purpose shall be defrayed out of the Bridge Rate and the other moiety of such expenses together with any other expenses which under this Act are directed to be paid by the Board out of the Port Fund shall be paid by the Board out of the Port Fund as though the said expenses and payments were expressly provided for in section 225 of the Act of 1869:

Provided always that any sums which may from time to time be contributed out of any public fund (other than the Bridge Rate) towards the expenses and payments aforesaid shall be applied in discharge of an equivalent amount of the sums to be defrayed out of the Bridge Rate under this sub-section and the Bridge Rate shall be exonerated therefrom accordingly.

(3) Every annual demand to be furnished by the Board to the Corporation and the County Council respectively for the Bridge Rate shall include such costs charges and expenses properly chargeable in and to the financial year to which each such demand relates.

PART V.—MISCELLANEOUS.

Restrictions on displacing persons of working class.

35.—(1) The Board shall not under the powers of this Act purchase or acquire in any local area any house or houses which on the twentieth day of December one thousand nine hundred and twenty-six were or have been since that date or shall hereafter be occupied either wholly or partially by thirty or more persons belonging to the working class as tenants or lodgers unless and until the Board shall have:

(a) Obtained the approval of the Department of 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 twentieth day of December or for such number or proportion of such persons as the said Department 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 Department for the carrying out of the scheme.

(2) The approval of the said Department to any scheme under this section may be given either absolutely or conditionally and after the said Department has approved of any such scheme it 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 conform to standards to be approved by the said Department and 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 Department may dispense with the last-mentioned requirement subject to such conditions (if any) as it may see fit.

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

(5) If the Board 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 five hundred pounds in respect of every such house which penalty shall be recoverable by the said Department by action in the High Court and shall be carried to and form part of the Central Fund of Saorstát Eireann: 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 Board 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 Board for the purposes of any scheme under this section in the same manner in all respects as if the Board 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 Board 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 Board 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 Department may at any time dispense with all or any of the requirements of this sub-section subject to such conditions (if any) as it may see fit.

(8) The said Department may direct any inquiries to be held which it may deem necessary in relation to any scheme under this section and the Inspectors of the said Department shall for the purposes of any such inquiry have all such powers as they have for the purposes of inquiries directed by the said Minister under “The Public Health (Ireland) Act 1878 .”

(9) The Board shall pay to the said Department a sum to be fixed by that Department in respect of the preparation and issue of any Provisional Order in pursuance of this section and any expenses incurred by that Department in relation to any inquiries under this section including the expenses of any witnesses summoned by the Inspector and a sum to be fixed by that Department for the services of such Inspector.

(10) Any houses purchased or acquired by the Board 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 twentieth day of December 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 Department 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 Department they might have been sufficient to accommodate.

(11) For the purposes of this section the expression “local area” 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 of such persons who may be residing with them.

Jurisdiction of the Board.

36.—From and after the passing of this Act the care management and superintendence of the Port as defined by the Act of 1869 or by any former Act relating to the Board including the building rebuilding repairs maintenance and improvement of the Docks, Quays, Quay Walls, Bridges, Embankments, Warehouses, Stores, Yards, Transit Sheds, Sheds, Buildings, Tramways, Overhead Communications, and all appliances and things connected therewith and of all Works within the limits of the Port shall be and continue to be vested in the Board.

Powers to make bye-laws as to use of Butt Bridge and Transporter Bridge.

37.—(1) The Board may from time to time, when and as often as they shall think necessary, make and ordain bye-laws and in like manner may alter and repeal such bye-laws, and make others, as circumstances may require, for all or any of the following purposes, (that is to say):

(a) For regulating the use of and the traffic upon Butt Bridge and the Transporter Bridge, and the approaches and works connected therewith respectively;

(b) For preventing obstructions of whatever kind or interference with the traffic upon or passage along Butt Bridge and the Transporter Bridge, or any injury thereto respectively;

(c) For regulating the conduct of the officers or servants of the Board in charge of Butt Bridge and the Transporter Bridge and their remuneration;

(d) For regulating the manner in which vessels shall approach or lie near Butt Bridge or the temporary bridge (if erected) and the Transporter Bridge respectively, and the times and manner of working or operating the Transporter Bridge in connection with the passage of such vessels;

and for all other matters and things relating to the care, superintendence and control of Butt Bridge and the Transporter Bridge and the operation and working of the Transporter Bridge; and the Board may enforce the observance of all such bye-laws by the addition of suitable penalties for any breach thereof:

Provided always that any bye-laws made by the Board under the powers contained in this section

(i) so far as the same relate to the Transporter Bridge or so far as the matters referred to in sub-section (1), paragraph (d) of this section relate to Butt Bridge shall not take effect unless and until the same shall have been confirmed with or without modification by the Minister for Industry and Commerce; and

(ii) so far as the same relate to any matters specified in sub-section (1), paragraphs (a), (b) or (c) of this section with reference to Butt Bridge shall not take effect unless and until the same shall have been confirmed with or without modification by the Minister for Local Government and Public Health.

(2) With respect to bye-laws to be made by the Board under this Act the following provisions shall take effect namely:—

(i) All bye-laws shall be reduced into writing and be under the seal of the Board.

(ii) All offences against such bye-laws shall be prosecuted by the Board and all penalties costs and expenses under bye-laws may be recovered by the Board before a Court of summary jurisdiction.

(iii) Notice of intention to apply for the confirmation of a bye-law under this Act shall be given not later than one month before the making of such application in the manner following namely—by advertisement once in the Iris Oifigiúil and three times in two several Dublin newspapers and by affixing such notice in a conspicuous place at the Office of the Board.

(iv) For one month at least before such application a copy of the proposed bye-law shall be kept at the Office of the Board and be open during office hours thereat to inspection by all parties reasonably requiring the same without payment and the Secretary to the Board shall furnish a copy thereof or any part thereof to every person reasonably requiring and making application for the same on payment of sixpence for every hundred words of such copy or if the proposed bye-law has been printed by the Board then at such reasonable price not exceeding one shilling for each print as the Board may direct.

(v) Any person desiring to object to any bye-law may object thereto by giving to the Board notice in writing of the nature of the objection within the foregoing period of one month and the Board shall transmit every such objection to the Minister for Industry and Commerce or the Minister for Local Government and Public Health (as the case may be) with their application for confirmation of the bye-law.

(vi) A printed copy of bye-laws dated and purporting to be confirmed as aforesaid and signed by the Secretary to the Board shall be prima facie evidence of the existence and of the due making and confirmation of such bye-laws.

Barge owners answerable for damage done by their servants.

38.—If and whenever any person having the care of any ship boat or barge or other vessel navigated on the River Liffey wilfully carelessly or negligently causes or suffers any damage or injury to be done by the vessel to Butt Bridge or to the temporary Bridge or to the Transporter Bridge respectively or to any temporary or permanent work connected therewith respectively the owner of the vessel shall be liable to make full satisfaction to the Board for all such damage or injury.

Saving rights of the State.

39.—Nothing in this Act shall effect any property real or personal vested in Saorstát Eireann or in any Minister thereof or in any board or body exercising any functions of government or public administration or be construed to restrict or prejudice the rights of Saorstát Eireann or any right power privilege or duty vested by law in any Minister or any officer of Saorstát Eireann and in particular any powers of erecting constructing altering or extending any works on any such property as aforesaid shall not be construed to confer on the Board any rights of entry into or any estate or interest in any such property but this section shall not operate to prevent the exercise in accordance with this Act by the Board of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Board.

For the protection of the Minister for Posts and Telegraphs.

40.—Nothing contained in this Act shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by the Telegraphs Acts 1863 to 1928 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.

Consent of the Minister for Industry and Commerce to certain works.

41.—(1) Where any of the works authorised by this Act is to be constructed on over or under tidal lands below high water mark of ordinary spring tides the construction thereof shall be subject to the consent of the Minister for Industry and Commerce and every such work to be so constructed as aforesaid shall be constructed in accordance with such plans and sections as the Minister for Industry and Commerce may approve and subject to such restrictions (if any) and regulations as the said Minister shall prior to the commencement of the work prescribe in the interests of navigation.

(2) Every alteration in or extension of any such work as aforesaid shall be subject to the consent of the Minister for Industry and Commerce and shall be made in accordance with plans and sections approved by him in the interests of navigation.

(3) Where any such work as aforesaid—

(a) is commenced without the consent of the Minister for Industry and Commerce, or

(b) is constructed in a manner not in accordance in all respects with the plans and sections approved by the Minister for the construction of that work, or

(c) is altered or extended in a manner not in accordance in all respects with the plans and sections approved by the Minister for Industry and Commerce for the alteration or extension of such work,

the Minister for Industry and Commerce may if and so far as he shall think necessary in the interests of navigation but at the cost of the Board remove such work or any part thereof or any extension thereof so made as aforesaid and the amount of such cost shall be a debt due by the Board to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

Power to Minister for Industry and Commerce to make surveys, etc.

42.—The Minister for Industry and Commerce may if and so far as he thinks necessary in the interests of navigation at any time at the cost of the Board make a survey and inspection—

(a) of the intended site of any of the works authorised by this Act, or

(b) of any of the works authorised by this Act

and the amount of any such cost shall be a debt due by the Board to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt.

Power to Minister for Industry and Commerce to remove abandoned or decayed works.

43.—(1) Where any of the works authorised by this Act constructed on in over through or across any tidal lands or tidal water is abandoned by the Board or allowed by them to fall into decay and such abandonment or decay is in the opinion of the Minister for Industry and Commerce dangerous or likely to be dangerous to navigation the Minister for Industry and Commerce may at the cost of the Board—

(a) remove such work or any part thereof, and

(b) restore the site thereof to its condition prior to the construction of such work thereon.

(2) The amount of any such cost as aforesaid shall be a debt due by the Board to the Minister for Industry and Commerce and shall be recoverable by him as a civil debt and shall be payable out of the Port Fund.

Provision against danger to navigation.

44.—If any of the works authorised by this Act is injured or destroyed or falls into decay the Board shall lay down such buoys, exhibit such lights or take such other means for preventing so far as may be danger to navigation as shall from time to time be directed by the Commissioners of Irish Lights or other the general lighthouse authority for the time being and shall apply to that authority for directions as to the means to be taken and the Board shall be liable to a penalty not exceeding ten pounds for every month during which they omit so to apply or refuse or neglect to obey any direction given in reference to the means to be taken.

Duty on Board to keep life-buoys, etc.

45.—The Board shall at all times keep a sufficient number of lifebuoys and lines in good order and fit and ready for use at reasonable distances, and in accordance with any requirements which may be made by the Minister for Industry and Commerce along the works authorised by this Act.

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

46.—(1) It shall be the duty of the Board during the whole time of constructing altering or extending any of the works authorised by this Act below high-water mark to exhibit and keep burning at their own expense at or near any such work in course of construction alteration or extension every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

(2) It shall be the duty of the Board to exhibit and keep burning at their own expense at the outer extremity of every work (when completed) authorised by this Act every night from sunset to sunrise such lights (if any) and to take such other steps for the prevention of danger to navigation as the Commissioners of Irish Lights or other the general lighthouse authority for the time being may from time to time require or approve.

(3) If and whenever the Board fail to comply with any of the provisions of this section they shall for each day in which they so fail be liable to a penalty not exceeding twenty pounds recoverable in a Court of summary jurisdiction.

Cables, pipes or wires under or across tidal waters.

47.—Notwithstanding anything contained in this Act any cables pipes or wires to be laid or placed by the Board under or across any tidal water for the purposes of or in connection with the works by this Act authorised shall be laid or placed at such depth or at such height over such tidal water as the Minister for Industry and Commerce may require.

For the protection of the Electricity Supply Board.

48.—(1) All matters, works and things which under the provisions of this Act the Board may be empowered or required to do or execute and which involve interference with any electric cable belonging to or under the control or management of the Electricity Supply Board shall be done and executed by and at the cost of the Board, but under the superintendence and to the reasonable satisfaction of the Electricity Supply Board, and such works, matters and things shall not be commenced (except in case of emergency) until after seven days' notice thereof in writing shall have been given by the Board to the Electricity Supply Board: Provided always that if the Electricity Supply Board shall fail within the said space of seven days from the delivery of such notice to signify their approval or disapproval of the proposed works, then they shall be taken as assenting to such works, and any difference which may arise between the Electricity Supply Board and the Board concerning the said works shall be referred to an Engineer, to be agreed on between them, or in default of agreement to an Engineer to be appointed by the Minister for Industry and Commerce upon the application of either party.

(2) Save as by this Act otherwise expressly provided, nothing in the Act contained shall take away, lessen, prejudice, alter or affect any of the rights, privileges, property, power and authorities of the Electricity Supply Board.

Saving rights and interests of the Corporation.

49.—Nothing in this Act shall affect interfere with take away lessen or alter any right interests claims powers privileges authorities or immunities of the Corporation in respect of the quays (if any) roadways footpaths streets highways passages and places or in respect of any tunnels sewers tidal valves man-holes and manhole covers water pipes hydrants and services gas lamps and services electric wires cables and conduits the property of the Corporation which may now be in existence or which may hereafter be built erected or laid down by them or in respect of the port dues commonly known as slippage and anchorage chapter and guild and water bailiff's fees lord mayor's fees or other fees payable to them or in any other respect whatsoever.

Saving rights of Alliance Gas Company.

50.—Save as by this Act otherwise expressly provided nothing in the Act contained shall take away lessen prejudice alter or affect any of the rights privileges property powers and authorities of the Alliance and Dublin Consumers' Gas Company.

Saving rights of Grand Canal Company.

51.—Save as by this Act otherwise expressly provided nothing in this Act shall be deemed to confer upon the Board any right to or jurisdiction or control over the Grand Canal or the Grand Canal Docks or to take away lessen alter prejudice or affect any of the estates rights interests powers privileges authorities or immunities of the Grand Canal Company:

Provided also that nothing in this Act contained shall deprive the Grand Canal Company of any existing or future statutory limitations of liability in respect of damage done by any of the vessels or craft belonging to the said Company.

Saving rights of the Great Southern Railways Company.

52.—(1) Notwithstanding anything contained in this Act or in the deposited plans relating thereto the foundation of the north pier of the reconstructed Butt Bridge shall not approach the north pier of the Railway Bridge nearer than the foundation of the north pier of the existing Butt Bridge.

(2) Subject to the provisions of section 12, sub-section (2) of the Dublin, Wicklow and Wexford Railway (City of Dublin Junction Railways) Act 1884 Butt Bridge shall be so reconstructed and any temporary works necessary for its construction shall be so designed and executed as not to lessen or interfere with the stability or security of the Railway Bridge.

(3) Should it be proposed to carry any portion of Butt Bridge or any part of the temporary works requisite for the construction thereof to a greater depth than 31 feet below the level of high water which level is to be taken as being 14.43 feet over Ordnance Datum the Board shall give to the Great Southern Railways Company (hereinafter in this section called “the Railways Company”) seven days Notice of their intention to carry out such works and shall forward therewith plans and sections shewing the proposed works in relation to the said pier of the Railway Bridge.

(4) If the Railways Company consider that the execution of the works (including the process of removing of any temporary works) in the manner proposed is likely to lessen or interfere with the stability or security of the Railway Bridge the Railways Company may by Notice in writing to be sent before the expiration of the said period of seven days notify the Board of their disapproval and the ground thereof.

(5) The Engineer of the Board and the Engineer of the Railways Company shall then endeavour to settle the questions so in dispute by agreement and failing such agreement the said questions or such of them as may be still in dispute shall be settled by the arbitration of an arbitrator to be nominated by the President of the Institution of Civil Engineers in Ireland whose decision shall be final. The costs of such arbitration and of the award shall be in the discretion of the arbitrator.

(6) The Engineer of the Railways Company or any person appointed by him for that purpose shall at all reasonable times have free access to the works for the purpose of satisfying himself that the works are being carried out in accordance with the plans and methods agreed upon or directed by the arbitrator as the case may be.

Powers of Minister for Local Government and Public Health as to Inquiries.

53.—(1) Sub-sections (1) and (3) of Article 32 of the Local Government (Application of Enactments) Order, 1898, shall with the necessary modifications apply for the purpose of the exercise and performance by the Minister for Local Government and Public Health of his powers and duties under this Act.

(2) Any sum certified to be due from the Board the Corporation or the County Council under the provisions of this section shall be paid by them as part of the expenses incurred by them in the execution of this Act.

Repeal.

54.—The Act of 1854 and the Act of 1876 are hereby repealed.

Costs of Act.

55.—All costs charges and expenses preliminary to and of and incidental to the preparing applying for and obtaining and passing of this Act or otherwise in relation thereto shall be paid by the Board in the first instance but shall be charged to and repaid out of moneys to be raised or borrowed by the Board under the powers of this Act.

Short Title.

56.—This Act may be cited as the Dublin Port and Docks (Bridges) Act, 1929.

FIRST SCHEDULE.

Bridge Rate Area.

1. The County Borough of Dublin.

2. The Urban Districts of Rathmines and Rathgar, Pembroke, Blackrock, Dun Laoghaire, Dalkey, Killiney and Ballybrack, Howth.

3. The Townlands described in the Valuation Lists within the meaning of the Valuation Acts and on the Ordnance Survey Maps as Woodpark, Kill-of-the-Grange, Dean's Grange, Galloping Green (South), Galloping Green (North), Tipperstown, Newpark, Mulchanstown, Kilmacud East, Kilmacud West, Waltersland, Glebe, Newtownpark, Newtown Castlebyrn, Mountashton (part of), Stillorgan Park, Stillorgan Grove, Stillorgan North, Stillorgan South, Woodland, Cabinteely, Foxrock, Cornelscourt, Stradbrook, Johnstown, all situate in the Electoral Division of Stillorgan, Rural District of Rathdown No. 1 and County of Dublin.

4. The Townlands described in the Valuation Lists and Ordnance Survey Maps aforesaid as Terenure, Kimmage, Perrystown, Roebuck, Commons, Crumlin, Crumlin (part of), Stannaway, Tonguefield, Larkfield, situate in the Electoral Division of Terenure, Rural District of South Dublin and County of Dublin.

5. The Townlands described in the Valuation Lists and Ordnance Survey Maps aforesaid as Loughlinstown, Brennanstown, Kerrymount, Kilbogget, Rochestown, Rochestown (part of), Rochestown (part of), Thomastown (part of), Thomastown (part of), Rochestown Demesne, situate in the Electoral Division of Ballybrack, Rural District of Rathdown No. 1 and County of Dublin.

6. The Townlands described in the Valuation Lists and Ordnance Survey Maps aforesaid as Mount Merrion or Calary, Mount Merrion South, Mountanville, Drummartin, Dundrum Roebuck, Trimblestown or Owenstown (part of), all situate in the Electoral Division of Dundrum, Rural District of Rathdown Number 1 and County of Dublin.

7. The Townlands described in the Valuation Lists and Ordnance Survey Maps aforesaid as Churchtown Upper, Farranboley, Friarland, Churchtown Lower, Rathmines Great, Rathmines Little, all situate in the Electoral Division of Milltown, Rural District of Rathdown No. 1 and County of Dublin.

8. The Townlands described in the Valuation Lists and Ordnance Survey Maps aforesaid as Priesthouse, Annefield, Simmonscourt, Ringsend (part of), situate in the Electoral Division of Donnybrook, Rural District of South Dublin and County of Dublin.

9. The Townland described in the Valuation Lists and Ordnance Survey Maps aforesaid as Newtown Little situate in the Electoral Division of Rathfarnham, Rural District of South Dublin and County of Dublin.

DARA SCEIDEAL.

SECOND SCHEDULE.

Ailt d'Achtanna a bhaineann le hiasachtaí.

Sections of Acts which apply.