No. 49/1924:

STATE HARBOURS ACT, 1924

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Dissolution of Kingstown Commissioners and Dunmore Commissioners.

3 Transfer of property from Kingstown and Dunmore Commissioners to Commissioners of Public Works.

4 Transfer of contracts from the Kingstown and Dunmore Commissioners to the Public Works Commissioners.

5 Transfer of powers, etc., from Kingstown and Dunmore Commissioners to Public Works Commissioners.

6 Continuation of pending legal proceedings.

7 Public Works Commissioners may fix amount of tolls, etc.

8 Harbours, etc, Act, 1847, to apply to harbours managed by Public Works Commissioners.

9 Certificate of Public Works Commissioners to be evidence.

10 Kingstown Harbour to be called Dun Loaghaire Harbour.

11 Short title.

AN ACT TO PLACE CERTAIN HARBOURS UNDER THE CONTROL OF THE COMMISSIONERS OF PUBLIC WORKS IN IRELAND AND TO PROVIDE FOR THE REGULATION OF THE AMOUNTS OF THE CHARGES TO BE LEVIED IN SUCH HARBOURS AND OTHER HARBOURS UNDER THE CONTROL OF THE COMMISSIONERS AFORESAID AND FOR OTHER PURPOSES RELATING TO THE SAID HARBOURS, AND TO CHANGE THE NAME OF KINGSTOWN HARBOUR.

[5th August, 1924.]

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

1.—In this Act,

the expression "the Kingstown Commissioners" means the Commissioners of Kingstown Harbour appointed under an Act passed by the United Kingdom Parliament on the 11th day of July, 1815, and entitled "An Act to authorise the appointment of Commissioners for erecting an harbour for ships to the eastward of Dunleary within the Port and Harbour of Dublin";

the expression "the Dunmore Commissioners" means the Commissioners of Dunmore Harbour appointed under an Act passed by the United Kingdom Parliament on the 3rd day of June, 1818, and entitled "An Act for improving and completing the Harbour of Dunmore, in the County of Waterford, and rendering it a fit situation for His Majesty's packets";

the expression "the Public Works Commissioners" means the Commissioners of Public Works in Ireland.

2.—Immediately upon the passing of this Act, the Kingstown Commissioners and the Dunmore Commissioners shall stand dissolved, and thereupon every officer and person then in the employment of the Kingstown Commissioners or of the Dunmore Commissioners shall be transferred to the employment of the Public Works Commissioners.

3.—(1) Immediately upon the passing of this Act all lands, tenements, and hereditaments now vested in or held in trust for the Kingstown Commissioners or vested in or held in trust for the Dunmore Commissioners shall, without any conveyance thereof, become and be vested in the Public Works Commissioners for all the estate and interest for which the same lands, tenements, and hereditaments are now respectively held by or for the Kingstown Commissioners and the Dunmore Commissioners respectively, but subject to all (if any) rents and covenants for which the Kingstown Commissioners or the Dunmore Commissioners are now liable in respect thereof.

(2) Immediately upon the passing of this Act all property and assets whatsoever now vested in or belonging to the Kingstown Commissioners or the Dunmore Commissioners (other than and except lands, tenements, and hereditaments) shall respectively vest in and become the property of the Public Works Commissioners, but subject where necessary to transfer in the books of any company, bank, or corporation.

4.—All rights and benefits and all liabilities and obligations of the Kingstown Commissioners or of the Dunmore Commissioners under any bond, contract, or agreement made by or with any person with or by the Kingstown Commissioners or with or by the Dunmore Commissioners shall immediately upon the passing of this Act be and the same are hereby transferred to the Public Works Commissioners, and every such bond, contract, or agreement may henceforth be enforced by or against the Public Works Commissioners as fully as the same could have been enforced by or against the Kingstown Commissioners or the Dunmore Commissioners if this Act had not been passed.

5.—Immediately upon the passing of this Act all the rights, privileges, powers, authorities, and duties granted, conferred, or imposed by any statute now in force to or on the Kingstown Commissioners or the Dunmore Commissioners shall be and the same are hereby transferred to the Public Works Commissioners and shall henceforth be exercisable and performed by the Public Works Commissioners.

6.—In all suits, matters, and proceedings to which the Kingstown Commissioners or the Dunmore Commissioners are a party and which at the passing of this Act are pending in any court in Saorstát Eireann, the Public Works Commissioners shall on the passing of this Act become and be a party in place of the Kingstown Commissioners or the Dunmore Commissioners (as the case may be), and every such suit, matter, or proceeding shall be continued between the Public Works Commissioners and the other parties thereto accordingly.

7.—Where the Public Works Commissioners shall have by virtue of this Act or have by virtue of any Act now in force power to charge or levy any tolls, rates, dues, or other charges on, in, or in relation to, any pier, wharf, dock, or harbour it shall be lawful for the Public Works Commissioners, after consultation with the Minister for Industry and Commerce, and notwithstanding any provision in any Act now in force in relation to the fixing, limiting, restricting, compounding, or commuting of any such tolls, rates, dues, or other charges, to regulate the amount of any such tolls, rates, dues, and other charges or of any composition or other payment in respect thereof.

8.—The Harbours, Docks, and Piers Clauses Act, 1847, shall apply to every harbour which shall be, by virtue of this Act, or is, by virtue of any Act now in force, under the control and management of the Public Works Commissioners as fully as if the said Act, so far as it is not inconsistent with the Acts for the time being regulating such harbour, had been incorporated with those Acts.

9.—A certificate purporting to be under the common seal of the Public Works Commissioners stating that a sum specified in such certificate is due and owing by the person named in such certificate to the said Commissioners in respect of any tolls, rates, dues, or other charges chargeable by the said Commissioners in relation to any pier, wharf, dock, or harbour for the time being under their control and management shall, unless the contrary is proved, be evidence that the sum stated in such certificate is so due as aforesaid.

10.—The harbour which, by section 6 of the Act of the United Kingdom Parliament passed on the 20th day of August, 1836, and entitled "An Act to amend several Acts relating to the Harbour of Kingstown" was constituted under the name and title of "Kingstown Harbour" shall henceforth be entitled and known as "Dun Laoghaire Harbour."

11.—This Act may be cited as the State Harbours Act, 1924 .