Galway Harbour Act, 1935

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Number 2 (Private) of 1935.

GALWAY HARBOUR ACT, 1935.

ARRANGEMENTS OF SECTION

PART I.

Preliminary.

PART II.

Reconstitution of the Galway Harbour Commissioners.

PART III.

Authorised Works.

PART IV.

Financial Provisions.

PART V.

Miscellaneous Provisions.

FIRST SCHEDULE

Superannuation

SECOND SCHEDULE

Scope of Further Power to Make Bye-laws

Number 2 (Private) of 1935.

GALWAY HARBOUR ACT, 1935.

AN ACT TO RECONSTITUTE THE GALWAY HARBOUR COMMISSIONERS ON A MORE REPRESENTATIVE BASIS AND TO CONTINUE THEIR INCORPORATION AND TO CONFER POWERS ON THEM (INCLUDING BORROWING POWERS) FOR THE CARE AND PRESERVATION, IMPROVEMENT AND DEVELOPMENT OF THE PORT AND HARBOUR OF GALWAY, AND TO PROVIDE FOR THE EXECUTION THEREIN OF CERTAIN WORKS, AND TO PROVIDE FOR SPECIAL CONTRIBUTIONS FROM AND THE MAKING OF CERTAIN RATES BY THE COUNTY COUNCIL OF THE COUNTY OF GALWAY AND THE GALWAY URBAN DISTRICT COUNCIL, AND FOR OTHER PURPOSES CONNECTED WITH THE FOREGOING MATTERS. [26th July, 1935.]

Preamble.

WHEREAS by a local and personal Act, 11 Geo. IV, cap. cxxii, entitled “An Act for making and maintaining a navigable cut or canal from Lough Corrib to the Bay of Galway and for the improvement of the Harbour of Galway” certain persons therein named, with others to be elected as therein mentioned, were appointed Commissioners for carrying into execution the several powers of the said Act; and the said Commissioners were authorised to levy certain rates in the said Act mentioned, and to borrow money on the credit thereof;

AND WHEREAS by an amending Act, 1 and 2 William IV, cap. liv, provision was made authorising other rates to be levied in lieu of the rates authorised by the said firstly cited Act, and the Commissioners were empowered to borrow further moneys and to execute other powers;

AND WHEREAS certain moneys were borrowed on the security of the rates authorised by the said Acts and of other property vested in the said Commissioners and under the powers of the said Acts the Commissioners constructed a floating dock with wharf and quays and reclaimed ground for necessary buildings and erected cranes, buoys and mooring posts, deepened the channel leading to the said dock and made certain necessary repairs;

AND WHEREAS by the Galway Harbour and Port Act, 1853, (16 and 17 Vict., cap. ccvii), the said Acts, 11 Geo. IV, cap. cxxii, and 1 and 2 William IV, cap. liv, were repealed and certain Commissioners with others to be thereafter elected in succession were constituted a corporation by the name of the Galway Harbour Commissioners with power to execute certain works and to levy certain rates therein mentioned and to borrow further moneys not exceeding the sum of £150,000 on mortgage on the credit of the several rates by the said Act authorised to be levied;

AND WHEREAS by the Galway Harbour Act, 1860 (23 and 24 Vict. cap. ccii), the said Corporation was authorised and empowered to execute certain works in the Harbour of Galway and to borrow a sum not exceeding £180,000 on the credit of the several tolls and other securities therein specified;

AND WHEREAS the works authorised by the said Acts of 1853 and 1860 respectively were not carried into execution by reason of the difficulty experienced by the said Corporation in obtaining the moneys necessary for the purpose;

AND WHEREAS it is expedient that the said Corporation while preserving its identity as a corporate body should be reconstituted upon a more representative basis in order to secure adequate resources for the proper development and equipment of the said Harbour and the furtherance of the trade and commerce thereof and that provision should be made for such reconstitution and for the incidental amendment of the law relating to the said Harbour in the manner provided by this Act;

AND WHEREAS it is expedient that extensive developments should be undertaken without delay in the Harbour of Galway and in particular that better and more modern facilities should be provided for docking, discharging, and loading vessels and that the existing facilities should be made available to larger vessels than those which the said Harbour can now accommodate and for enabling tenders at all states of the tide to proceed to meet transatlantic liners and for harbouring fishing boats in all weathers and at all times;

AND WHEREAS for the purposes aforesaid it is expedient that the said Corporation should be empowered to carry into execution the several works by this Act authorised;

AND WHEREAS plans and sections showing the lines, situations and levels of the works by this Act authorised and showing the lands which may be taken compulsorily for the purposes or under the powers of this Act and also a book of reference to such plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of such lands were duly deposited with the Principal Clerk of the Private Bill Office, and such plans, sections and book of reference are in this Act respectively referred to as the deposited plans, sections and book of reference;

AND WHEREAS the total debt of the said Corporation in respect of moneys borrowed and charged upon or secured by the rates leviable by the said Corporation amounted on the 9th day of November, 1934, to the sum of £8,627 11s. 11d. which is repayable by half yearly payments of not less than £200 in every year and the said sum of £8,627 11s. 11d. represents the balance on that date outstanding of certain loans made to the said Corporation by the Commissioners of Public Works in Ireland; and it is expedient to make provision for securing that the priority enjoyed by the said outstanding charge shall continue and that the said Corporation shall continue to liquidate the said outstanding charge by similar half-yearly payments as heretofore;

AND WHEREAS it is expedient, in order to finance the execution of the aforesaid works and the expenses incidental thereto, that powers should be granted to the said Corporation in manner hereinafter provided to raise (in addition to the said outstanding charge) any sums not exceeding in the aggregate £400,000 upon mortgage or by the creation of stock or debenture stock and to secure any moneys so raised upon the revenue and other property of the said Corporation and also upon certain periodical contributions to be raised by means of the poor rate by the County Council of the County of Galway and the Galway Urban District Council and to be apportioned between the said Councils and to be measured, ascertained and regulated under the provisions of this Act; and it is expedient that the said Corporation should for the purposes of this Act have the subsidiary borrowing powers by this Act conferred;

AND WHEREAS it is expedient to make provision for enabling the rates leviable by the said Corporation to be increased or altered with the sanction of the Minister for Industry and Commerce and to give the said Corporation further powers for the making of bye-laws to be exercised with the like sanction;

AND WHEREAS the purposes of this Act cannot be carried into effect without the authority of the Oireachtas;

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—