Number 27 of 1930.
LOCAL GOVERNMENT (DUBLIN) ACT, 1930.
ARRANGEMENT OF SECTIONS
PRELIMINARY.
Section | |
REORGANISATION OF ADMINISTRATIVE AREAS.
THE ADMINISTRATION OF THE CITY AND THE BOROUGH.
Provisions relating to the city.
Appointment by the City Corporation of members of certain public bodies. | |
Provisions relating to the borough.
Appointment by the Borough Corporation of members of certain public bodies. | |
Provisions relating to the city and the borough.
MISCELLANEOUS PROVISIONS.
The added rural area.
Proportionate reductions of valuations.
Enactments repealed.
Acts Referred to | |
No. 5 of 1925 | |
No. 3 of 1927 | |
No. 23 of 1927 | |
No. 9 of 1923 | |
No. 22 of 1926 | |
No. 3 of 1929 | |
No. 18 of 1926 | |
No. 7 of 1925 | |
(No. 2 (Private) of 1929) | |
No. 4 of 1928 | |
No. 39 of 1927 | |
No. 42 of 1925 | |
No. 17 of 1926 | |
Number 27 of 1930.
LOCAL GOVERNMENT (DUBLIN) ACT, 1930.
PRELIMINARY.
Definitions.
1.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the word “prescribed” means prescribed by the Minister;
the expression “the City” in relation to any time or period or anything done or to be done or an event happening before the appointed day means the Existing City and in relation to the appointed day or any time or period after the appointed day or anything done or to be done or an event happening on or after the appointed day means the county borough of Dublin as for the time being extended by or under this Act;
the expression “the Existing City” means the county borough of Dublin as existing immediately before the passing of this Act;
the expression “the Borough” means the borough of Dun Laoghaire established by this Act;
the expressions “the County” and the “County Council” mean respectively the administrative county of Dublin and the council of that county;
the expression “the City Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;
the expression “the Borough Corporation” means the Corporation of Dun Laoghaire;
the expression “the Corporation” includes both the City Corporation and the Borough Corporation but shall be construed as referring to those Corporations distributively or respectively and not collectively;
the expression “the City Council” means the council established by this Act for the City;
the expression “the Borough Council” means the council established by this Act for the Borough;
the expression “the Council” includes both the City Council and the Borough Council but shall be construed as referring to those Councils distributively or respectively and not collectively;
the expression “the City Manager” means the Dublin City Manager and Town Clerk appointed by or under this Act;
the expression “the Borough Manager” means the Dun Laoghaire Borough Manager and Town Clerk appointed under this Act;
the expression “the Manager” includes both the City Manager and the Borough Manager but shall be construed as referring to those Managers distributively or respectively and not collectively;
the expression “the Lord Mayor” means the Lord Mayor of Dublin;
the expression “the Chairman” means the Chairman of the Borough Council;
the expression “the municipal fund” means in relation to the City the fund out of which the costs and expenses of the City Corporation are to be defrayed under this Act and in relation to the Borough the fund out of which the costs and expenses of the Borough Corporation are to be defrayed under this Act;
the expression “the municipal rate” means in relation to the City the rate to be raised under this Act by the City Corporation and in relation to the Borough the rate to be raised under this Act by the Borough Corporation for the purpose in each case of supplying any deficiency in the municipal fund;
the expression “city election” means a triennial election of members of the City Council held under this Act;
the expression “borough election” means a triennial election of members of the Borough Council held under this Act;
the expression “the day of election” means the day prescribed under this Act for the holding of the first city election, the first borough election, and the first election of members of the County Council after the passing of this Act;
the expression “the appointed day” means the day prescribed under this Act to be the appointed day;
the expression “the added urban districts” means the urban district of Pembroke and the urban district of Rathmines and Rathgar;
the expression “the coastal urban districts” means and includes the urban district of Dun Laoghaire, the urban district of Black-rock, the urban district of Dalkey, and the urban district of Killiney and Ballybrack;
the expression “the abolished bodies” means and includes the following bodies, that is to say:—
the respective councils of the several added urban districts;
the respective councils of the several coastal urban districts;
the Rathmines and Pembroke Joint Hospital Board;
the Rathmines and Pembroke Main Drainage Board;
the Blackrock and Kingstown Main Drainage Board;
the persons who, immediately before the appointed day, are performing the duties of the Council of the Urban District of Dalkey;
the expression “the added rural area” means the area consisting of the townlands parts of townlands and other land described in the First Schedule to this Act and to be more specifically defined in the maps thereof to be prepared under this Act;
the expression “the Act of 1925” means the Local Government Act, 1925 (No. 5 of 1925);
the expression “the Act of 1927” means the Local Government Act, 1927 (No. 3 of 1927);
the expression “the Board of Health” means the board of public health to be established for the County in pursuance of the Act of 1925 as applied to the County by this Act.
PART I.
Reorganisation of Administrative Areas.
Inclusion of certain urban districts in the city.
2.—(1) On the appointed day the respective councils of the several added urban districts and also the Rathmines and Pembroke Joint Hospital Board and the Rathmines and Pembroke Main Drainage Board shall be dissolved and cease to exist, and thereupon the City Corporation shall become and be the successor of the said bodies respectively, and accordingly references in this Act to the successor of the said bodies or any of them shall be construed as referring to the City Corporation.
(2) On the appointed day the respective areas of the several added urban districts shall be detached from the county and from the jurisdiction and powers of the County Council and shall be added to the Existing City, and thenceforward the said areas shall be included in and form part of the city for all purposes and the boundary of the city shall be extended accordingly.
Formation of the Borough of Dun Laoghaire.
3.—(1) On the appointed day the respective councils of the several coastal urban districts and also the Blackrock and Kingstown Main Drainage Board shall be dissolved and cease to exist, and thereupon the Borough Corporation shall become and be the successor of the said bodies respectively, and accordingly references in this Act to the successor of the said bodies or any of them shall be construed as referring to the Borough Corporation.
(2) The Dalkey Urban District Council (Dissolution) Order, 1930, whereby the Council of the Urban District of Dalkey was dissolved under section 72 of the Act of 1925, shall remain in force until the appointed day and shall then cease to have effect, and thereupon the said Council shall be and thenceforward continue to be dissolved by virtue of the foregoing sub-section of this section and the Borough Corporation shall become and be the successor of the persons who, immediately before the appointed day, are performing the duties of the said Council.
(3) On the appointed day the respective areas of the several coastal urban districts shall become and thenceforward be collectively a municipal borough by the name of “the Borough of Dun Laoghaire,” being a part of the county.
(4) On the appointed day the inhabitants of the borough and their successors shall become and be one body politic and corporate by the name of “The Corporation of Dun Laoghaire,” with perpetual succession and a common seal.
(5) The Borough Corporation shall have the power, authority, immunities and privileges usually vested by law in the corporation of a municipal borough and the Municipal Corporations (Ireland) Act, 1840, and any Act amending or extending the same or otherwise relating to municipal corporations shall extend to the Borough and the Borough Corporation.
(6) The law in force at the passing of this Act in relation to the councils of boroughs shall, in so far as it is not inconsistent with this Act, apply to the Borough Corporation and for that purpose the Borough Corporation shall be deemed to be the council of a borough.
(7) For the purposes of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Acts, 1925 and 1927 and the purposes of the Local Government (Ireland) Acts, 1898 to 1919, as similarly amended, the Borough shall be an urban district and also an urban sanitary district and the Borough Corporation shall be the sanitary authority of such urban sanitary district.
Transfer of property of abolished bodies.
4.—(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for any of the abolished bodies and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the successor of such abolished body for all the estate, term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for such abolished body, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(2) All property transferred by this section which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of any of the abolished bodies shall, upon the request of the successor of such abolished body made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of such successor.
(3) On and after the appointed day every chose-in-action transferred by this section from an abolished body to the successor of such abolished body may be sued upon, recovered, or enforced by such successor in its own name and it shall not be necessary for such successor to give notice to the person bound by such chose-in-action of the transfer effected by this section.
Transfer of liabilities of abolished bodies.
5.—(1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by any of the abolished bodies shall, on the appointed day, become and be the debt or liability of the successor of such abolished body and shall be paid or discharged by and may be recovered from or enforced against such successor accordingly.
(2) Every debt the liability for which is transferred by this section and which is immediately before the appointed day charged on a rate leviable by or on the revenues or any part of the revenues of any of the abolished bodies shall, on and after the appointed day, be charged on the municipal fund and the municipal rate of the successor of such abolished body in like manner as it was previously charged on the said rate leviable by or on the revenues or part of the revenues of such abolished body.
(3) The abolition of an abolished body shall not invalidate or affect any paying order which may have been issued by such abolished body and not presented for payment before the appointed day, nor any authority given by such abolished body for the payment of the amount of such paying order, and the successor of such abolished body shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the appointed day.
Transfer of special powers of abolished bodies.
6.—(1) Every power, right, privilege, and authority conferred on or vested in any of the abolished bodies, either alone or jointly with another abolished body or any other body, by or under any statute or by contract, agreement, or licence (not being a power, right, privilege, or authority arising under general statutory or other law by reason merely of such abolished body being a corporate body or an urban district council or a sanitary authority) and in existence immediately before the appointed day shall, on the appointed day, become and be transferred to and vested in the successor of such abolished body and shall thenceforth be exercisable by such successor accordingly, either alone or jointly as the case may require.
(2) Where two or more abolished bodies having the same successor are, immediately before the appointed day, each possessed of a power, right, privilege, or authority in relation to the same subject matter and such powers, rights, privileges, or authorities are both transferred by this section to such successor then, if such powers, rights, privileges or authorities were exercisable by such abolished bodies jointly, they shall merge in such successor and become a single power, right, privilege, or authority, but, if such powers, rights, privileges, or authorities were exercisable by such abolished bodies severally and separately, they shall be cumulative in such successor and shall be exercisable by such successor as separate powers, rights, privileges, or authorities.
Preservation of continuing contracts.
7.—Every bond, guarantee, or other security of a continuing character made or given by any of the abolished bodies to another person or by any person to any of the abolished bodies and in force immediately before the appointed day and every contract or agreement in writing made between any of the abolished bodies and another person and not fully executed and completed before the appointed day shall, notwithstanding the dissolution of such abolished body, continue in force on and after the appointed day but shall be construed and have effect as if the name of the successor of such abolished body were substituted therein for the name of such abolished body, and such security contract, or agreement shall be enforceable by or against such successor accordingly.
Continuance of bye-laws, etc.
8.—(1) Every bye-law, rule, and regulation lawfully made by any of the abolished bodies and in force immediately before the appointed day shall, on and after that day and so far as it is not inconsistent with this Act, continue in force and have effect as a bye-law, rule, or regulation (as the case may be) made on the appointed day by the successor of such abolished body for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by such abolished body, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the appointed day may be recovered and enforced by such successor in the like manner and as fully as the same could have been continued, varied, revoked, recovered, or enforced by such abolished body if this Act had not been passed.
(2) No bye-law, rule, or regulation in force in the Existing City immediately before the appointed day shall apply or be extended to the area of an added urban district merely by virtue of the inclusion of such area in the City by this Act, but the City Council may at any time by resolution extend and apply any such bye-law, rule, or regulation to the area of either or both of the added urban districts, and, upon any such extension being so made, any bye-law, rule, or regulation continued in force in such area by this section which is inconsistent with the bye-law, rule, or regulation so extended shall cease to have affect in such area.
Continuance of resolutions, etc.
9.—Every resolution passed, order made, and notice served by any of the abolished bodies before the appointed day the operation, effect, or term of which has not ceased or expired before that day shall, on and after the appointed day and so far as is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the successor of such abolished body on the date on which the same was actually passed, made, or served by such abolished body and as if such successor were on the last-mentioned date already the successor of such abolished body.
Continuance of pending legal proceedings.
10.—In every action, suit, prosecution or other proceeding which is pending on the appointed day in any court or tribunal and to which an abolished body is a party, the successor of such abolished body shall on the appointed day become and be a party in the place of such abolished body and such proceeding shall be continued between such successor and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such abolished body.
Collection of rates due or accruing to abolished bodies.
11.—(1) All rates which immediately before the appointed day are due and payable to any abolished body shall on and after the appointed day be due and payable to and may be collected and recovered by or on behalf of the successor of such abolished body in like manner as they could have been collected or recovered by or on behalf of such abolished body if it had not been dissolved.
(2) All rates which immediately before the appointed day are accruing due to any abolished body shall on and after the appointed day accrue and be deemed always to have accrued due to the successor of such body and when any such rate becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor in like manner as it could have been collected or recovered by or on behalf of such abolished body if such body had not been dissolved.
(3) Every rate collector of the council of an added urban district or a coastal urban district who is in office as such rate collector immediately before the appointed day shall, on and after the appointed day, unless or until the successor of such council otherwise directs, collect and recover on behalf of such successor all rates which immediately before the appointed day were due and payable to or were accruing due to such council and had been given in charge to him for collection.
Admissibility in evidence of books of abolished bodies.
12.—(1) All books and other documents directed or authorised by or under any statute to be kept by any of the abolished bodies and which, immediately before the appointed day, would be receivable in evidence shall, notwithstanding the dissolution of such abolished body, be admitted in evidence after the appointed day as fully as if this Act had not been passed.
(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by any of the abolished bodies would, if verified in a particular manner by a particular officer of such abolished body, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the successor of such abolished body corresponding to such particular officer, be admitted, on or after the appointed day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.
Audit of accounts of abolished bodies.
13.—(1) The accounts of all receipts and expenditure of the several abolished bodies and of committees thereof and of the respective officers of such bodies and committees up to the appointed day shall, as soon as conveniently may be after that day, be audited and disallowances, surcharges, charges and penalties in relation to such accounts, receipts, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.
(2) Every officer of any of the abolished bodies or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the receipts or expenditure of such abolished body and also every member of any such abolished body or committee shall, until the audit of the accounts of such receipts and expenditure up to the appointed day is completed, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.
Officers of abolished bodies.
14.—(1) Every person who is, on the day before the appointed day an officer of an abolished body shall, on the appointed day, be transferred to the service of the successor of such abolished body and become and be an officer of such successor.
(2) Every person who is, immediately before the appointed day, an officer of a committee of an abolished body shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer of such abolished body.
Preservation of contracts of service with abolished bodies.
15.—Every contract of service express or implied which is in force immediately before the appointed day between an abolished body and any person not being an officer of such abolished body shall continue in force on and after the appointed day, but shall be construed and have effect as if the successor of such abolished body were substituted therein for such abolished body, and every such contract shall be enforceable by or against such successor accordingly.
Transfer of county charges from coastal urban districts to the Borough.
16.—(1) On and after the 1st day of April, 1931, any portion of the expenses of the County which, but for the passing of this Act, would have been charged on the area of a coastal urban district shall be charged on the area of the Borough.
(2) All balances existing on the 1st day of April, 1931, in favour of or against any coastal urban district in the accounts of the County Council shall on the said date be transferred to the credit or debit respectively of the Borough.
Inclusion of certain rural areas in the City.
17.—On the 1st day of April, 1931, the added rural area shall be detached from the County and from the jurisdiction and powers of the County Council and of the Board of Health and shall be added to the City, and thenceforward the said area shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.
Preparation of official maps.
18.—(1) As soon as may be after the passing of this Act the Commissioner of Valuation shall prepare in duplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in suitable manner approved by the Minister the added rural areas as described in the First Schedule to this Act, the added urban districts, and the Existing City, and shall seal both duplicates of such map and shall deposit one of such duplicates in his principal office in the City and shall deposit the other of such duplicates in the offices of the City Corporation.
(2) The said maps when so deposited in the said offices of the said Commissioner and the City Corporation respectively shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner and the City Corporation respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.
(3) It shall be the duty of the said Commissioner and of the City Corporation respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this section and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the boundaries (so far as the same are shown on such copy) of the areas comprised in the added rural area and in the added urban districts respectively, notwithstanding (in the case of the added rural area) any discrepancy between such copy and the description contained in the First Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.
Financial adjustments between County Council and City Corporation.
19.—(1) The County Council and the City Corporation may, from time to time as occasion requires, make by mutual agreement an equitable adjustment (in this section referred to as an agreed adjustment) in regard to any matter or thing requiring to be adjusted between the County Council or the Board of Health and the City Corporation in consequence of the inclusion of the added urban districts or the added rural area in the city and not otherwise provided for by this Act and in particular may make such agreed adjustment in regard to property, whether real or personal (including choses-in-action) vested in or belonging to or held in trust for the County Council or the Board of Health and wholly or partly situate in or relating to the added rural area or any particular portion thereof and in regard to debts and liabilities (including mortgage debts, charges created by statute, accruing and prospective liabilities and unliquidated liabilities arising from torts or breaches of contract) due and unpaid or incurred and undischarged by the County Council or the Board of Health and relating wholly or in part to the added rural area or any particular portion thereof.
(2) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or the Board of Health (as the case may be) or for the transfer of such property to the City Corporation or for the joint user of such property by the County Council or the Board of Health (as the case may be) and the City Corporation and may also provide for the payment of money, in one or more instalments, by or to the County Council or the Board of Health (as the case may require) to or by the City Corporation on account of the retention, transfer, or joint user of such property.
(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the County Council or the Board of Health (as the case may be) or for the whole of such debt or liability being borne by the City Corporation or (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the County Council or the Board of Health (as the case may be) and the City Corporation and may also provide for the payment of money, in one or more instalments, to or by the County Council or the Board of Health (as the case may require) by or to the City Corporation in respect of such debt or liability.
(4) An agreed adjustment may provide for the payment by the City Corporation to the County Council in one or more instalments or by way of annuity of a sum in respect of the increase (if any) of burden which will properly be thrown on the ratepayers of the County in meeting the cost incurred by the County Council in the execution of any of their powers and duties as a consequence of the extension of the boundaries of the City by this Act, but in the fixing of the amount of any such sum and the method of payment thereof the following provisions shall be observed, that is to say:—
(a) regard shall be had to the difference between the burden on the ratepayers of the County which will properly be incurred by the County Council in meeting the cost of executing any of their powers and duties and the burden on such ratepayers which would properly have been incurred if the boundaries of the City had not been extended by this Act;
(b) regard shall also be had to the length of time during which such increase of burden may be expected to continue;
(c) if such sum is made payable in one instalment the amount thereof shall not exceed ten times the average annual amount of such increase of burden;
(d) if such sum is made payable in two or more instalments or by way of annuity, the capitalised value of such instalments or annuity shall not exceed ten times the average annual amount of such increase of burden.
(5) An agreed adjustment may provide for the payment by the City Corporation to the County Council in one or more instalments or by way of annuity of a sum in respect of the loss of benefit which will be occasioned to the inhabitants of the County as a consequence of the extension of the boundaries of the City by this Act in the case of any benefit which is limited by a restriction on the amount in the pound of the rate which can be raised for the provision of such benefit and the following provisions shall have effect in regard to every sum the payment of which is provided for under this sub-section, that is to, say:—
(a) every payment received by the County Council in respect of any such sum shall be applied towards the provision of the benefit in respect of which it is paid, and
(b) no such sum shall be taken into account when calculating the amount in the pound which can be raised for providing the benefit in respect of which such sum is paid nor shall the payment of such sum restrict or affect the said amount in the pound.
(6) The County Council shall not make an agreed adjustment in regard to any property, debt, or liability of the Board of Health without previous notice to and consultation with the Board of Health.
(7) Whenever the County Council and the City Corporation fail to agree upon an equitable adjustment of any matter or thing which could be the subject of an agreed adjustment under this section, the Minister shall, upon the request of either the County Council or the City Corporation and after holding such (if any) local inquiry as he may think proper, make an equitable adjustment (in this section referred to as a compulsory adjustment) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this section have been made by an agreed adjustment.
(8) Every agreed adjustment and every compulsory adjustment made under this section shall have effect according to the terms thereof and shall be enforceable by the City Corporation and the County Council respectively against the other of them accordingly.
Officers whose duties relate to the added rural area.
20.—(1) Not later than the 30th day of September, 1930 the County Council shall prepare and transmit to the City Corporation, the Board of Health, and the Minister a scheme setting out—
(a) the officers and servants of the County Council and the Board of Health respectively whose duties relate wholly or in part to the added rural area or any particular portion thereof and whom the County Council propose should be transferred on the 1st day of April, 1931 to the service of the City Corporation, and
(b) the several payments which the County Council propose should be made by them or by the Board of Health to the City Corporation in respect of the superannuation rights of each officer proposed by the scheme to be transferred to the service of the City Corporation, and
(c) the several payments which the County Council propose should be made by the City Corporation to the County Council or to the Board of Health in respect of the superannuation rights of officers of the County Council and the Board of Health respectively whose duties relate at the date of the scheme, wholly or in part to the added rural area and who are not proposed by the scheme to be transferred to the Corporation.
(2) The City Corporation and the Board of Health may each submit, on or before the 31st day of December, 1930 to the Minister a statement of the alterations (whether by addition, omission, or variation) which they respectively propose should be made in the said scheme prepared under the foregoing sub-section.
(3) As soon as may be after the 31st day of December, 1930 the Minister shall confirm the said scheme with such (if any) alterations (whether by addition, omission, or variation) as he may think fit to make therein.
(4) The scheme confirmed by the Minister under this section shall have effect as on and from the 1st day of April, 1931 and accordingly every officer or servant proposed in the scheme as so confirmed to be transferred from the service of the County Council or the service of the Board of Health to the service of the City Corporation shall be so transferred on the 1st day of April, 1931 and shall on that day become and be an officer or servant respectively of the City Corporation.
(5) Every person who is immediately before the appointed day an officer or servant of a committee of the County Council shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer or servant (as the case may be) of the County Council, and every person who is immediately before the appointed day an officer or servant of a committee of the Board of Health shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer or servant (as the case may be) of the Board of Health.
Bye-laws etc. in the added rural area.
21.—(1) Every bye-law, rule, and regulation lawfully made by the County Council, the Board of Health, or a rural district council and in force immediately before the 1st day of April, 1931 in the added rural area or any part thereof shall, on and after the said 1st day of April, 1931 and so far as it is not inconsistent with this Act, continue in force and have effect in the added rural area or the said part thereof as a bye-law, rule, or regulation (as the case may be) made by the City Corporation on the 1st day of April, 1931 for the residue then unexpired of the period and in respect of the area or so much of the area as is within the added rural area for and in respect of which the same was actually made, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the said 1st day of April, 1931 in the added rural area may be recovered and enforced by the City Corporation in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the County Council, the Board of Health, or such rural district council (as the case may be) if this Act had not been passed.
(2) No bye-law, rule, or regulation in force in the Existing City immediately before the appointed day shall apply or be extended to the added rural area merely by virtue of the inclusion of such area in the City by this Act, but the City Council may at any time by resolution extend and apply any such bye-law, rule, or regulation to the added rural area, and, upon any such extension being so made, any bye-law, rule, or regulation continued in force in such area by this section which is inconsistent with the bye-law, rule, or regulation so extended shall cease to have effect in such area.
Resolutions, etc. relating to the added rural area.
22.—Every resolution passed, order made, and notice served by the County Council, the Board of Health, or a rural district council before the 1st day of April, 1931 in relation to the added rural area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before that date shall, on and after the said 1st day of April, 1931 and so far as it is not inconsistent with this Act, continue in force and have effect in so far as it relates to the added rural area or any part thereof or anything done or to be done therein as if it were a resolution passed, order made, or notice served by the City Corporation on the date on which the same was actually passed, made, or served by the County Council, the Board of Health, or such rural district council (as the case may be) and as if the added rural area were on the last-mentioned date already included in the City.
Coroners and under-sheriffs and Jurors Books in the City and County.
23.—(1) So long as the person who, at the passing of this Act, holds the office of coroner of North County Dublin continues to hold that office, his area of jurisdiction as such coroner shall continue as if this Act had not been passed, but upon his ceasing by death or otherwise to hold his said office so much of the added rural area as is included in his said area of jurisdiction shall, on such cesser or on the 1st day of April, 1931 (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner of the City.
(2) So long as the person who, at the passing of this Act, holds the office of coroner of South County Dublin continues to hold that office, his area of jurisdiction as such coroner shall continue as if this Act had not been passed, but upon his ceasing by death or otherwise to hold his said office—
(a) the added urban districts shall, on such cesser or on the appointed day (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner of the City, and
(b) so much of the added rural area as is included in his said area of jurisdiction shall, on such cesser or on the 1st day of April, 1931 (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner of the City, and
(c) if and whenever, on or after such cesser or the appointed day (whichever is the later), there is a coroner duly appointed for the Borough, the Borough shall be detached from the area of jurisdiction of the coroner of South County Dublin.
(3) So long as the person who, at the passing of this Act, holds the office of under-sheriff of the County of Dublin continues to hold that office, his area of jurisdiction as such under-sheriff shall continue as if this Act had not been passed, but upon his ceasing by death or otherwise to hold his said office—
(a) the added urban districts shall, on such cesser or on the appointed day (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the under-sheriff or county registrar (as the case may require) of the City, and
(b) the added rural area shall, on such cesser or on the 1st day of April, 1931 (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the under-sheriff of the City.
(4) The following provisions shall have effect in the City and the County in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the City or the County, that is to say:—
(a) until the 1st day of April, 1931, and thereafter until either the jurors book in force on that day in the Existing City or the jurors book in force on that day in the County (including the added urban districts and the added rural area) becomes exhausted, the law in force immediately before the passing of this Act shall continue in force and be observed as if this Act, and in particular the foregoing sub-section of this section and the provisions extending the boundaries of the City, had not been passed, and
(b) when and so soon as one of the said jurors books becomes exhausted after the 1st day of April, 1931, the other of the said jurors books shall be deemed to have become exhausted and new jurors books shall forth-with come into force in the City and the County, and
(c) notwithstanding anything contained in this sub-section, one of such new jurors books shall be prepared as a jurors book for the City as extended by this Act, and the other of such new jurors books shall be prepared as a jurors book for the County, exclusive of the added urban districts and the added rural area, and
(d) immediately upon such new jurors books coming into force the provisions of this Act shall have effect and thenceforward be observed, save that so long as there is an under-sheriff for the City such under-sheriff shall be the empanelling officer within the meaning of the Juries Act, 1927 (No. 23 of 1927), for the whole City as extended by this Act, and so long as there is an under-sheriff for the County such under-sheriff shall be the empanelling officer within the meaning aforesaid for so much only of the County as is not included in the City by this Act.
Provisions in relation to transferred officers.
24.—(1) In this section—
the expression “transferred officer” means and includes an officer who is transferred by or under this Part of this Act either from the service of an abolished body to the service of the successor of such abolished body or from the service of the County Council or of the Board of Health to the service of the City Corporation;
in relation to an officer so transferred from the service of an abolished body, the expression “the predecessor” means the abolished body from whose service he was so transferred, and the expression “the successor” means the successor of such abolished body;
in relation to an officer so transferred from the service of the County Council or of the Board of Health, the expression “the predecessor” means the County Council or the Board of Health as the case may require, the expression “the successor” means the City Corporation, and the expression “the appointed day” means the 1st day of April, 1931.
(2) Every transferred officer shall, on and after the appointed day until he is continued, appointed, or removed under or by the subsequent provisions of this section, perform in the service of the successor either (as the circumstances may require) the like duties as he performed in the service of the predecessor or such duties as the successor shall direct in relation to the transfer to the successor of the functions of the predecessor and the winding-up of the business of his own office, and until he is so continued, appointed, or removed as aforesaid he shall be entitled to the same salary and emoluments and (so far as circumstances admit) the same conditions of service as were attached to his employment in the service of the predecessor immediately before the appointed day.
(3) Every transferred officer shall, within two years after the appointed day, either—
(a) be continued by the successor in the office he held immediately before the appointed day or in an analogous office with analogous duties, or
(b) be appointed according to law and with his consent to an office in the service of the successor, or
(c) be removed from office by the successor.
(4) Every dispute as to whether an office is analogous to another office or as to whether the duties of an office are analogous to the duties of another office shall be determined by the Minister whose decision shall be final.
(5) Every transferred officer who is not continued, appointed, or removed under the foregoing provisions of this section within two years after the appointed day, shall at the expiration of such two years be removed from office by virtue of this sub-section.
(6) Every transferred officer who is removed from office under or by virtue of any of the foregoing provisions of this section shall, for the purposes of the enactments relating to superannuation and to compensation for loss of office, be deemed to have been removed from office by the successor for a cause other than misconduct or incapacity and be entitled to reckon his period of service with the predecessor and his period of service under this section with the successor as one continuous period of service with the successor.
(7) Every transferred officer who is continued or appointed under the foregoing provisions of this section within two years after the appointed day shall be entitled to reckon, for the purposes of the enactments relating to superannuation and to compensation for loss of office, his period of service with the predecessor and his period of service (reckoned as from the appointed day) with the successor as one continuous period of service with the successor.
Employees of abolished bodies.
25.—(1) For the purposes of any enactment empowering the City Corporation to grant to any of its employees other than officers an allowance in respect of the loss of his employment, an employee of the City Corporation who was previously employed by the County Council the Board of Health a rural district council or an abolished body of which the City Corporation is the successor shall be entitled to reckon his employment by the County Council the Board of Health such rural district council or such abolished body (as the case may be) as employment by the City Corporation.
(2) For the purposes of any enactment (including this Act) empowering the Borough Corporation to grant to any of its employees other than officers an allowance in respect of the loss of his employment, an employee of the Borough Corporation who was previously employed by an abolished body of which the Borough Corporation is the successor shall be entitled to reckon his employment by such abolished body as employment by the Borough Corporation.
Application of agricultural grant.
26.—Section 50 of the Local Government (Ireland) Act, 1898, shall apply to the extension of the city effected by or under this Act as if the same had been effected by an Order under that Act, and the portion of the agricultural grant payable to the City Corporation under that section as so applied shall be paid into the municipal fund.
Future extension of city and borough.
27.—(1) At any time after the 1st day of April, 1931 the City Corporation may make application to the Minister for a further extension of the boundary of the city so as to include in the city any portion of the county which is not included in the city by this Act and which does not form part of the Borough.
(2) At any time after the 1st day of April, 1931 the Borough Corporation may make application to the Minister for an extension of the boundary of the borough so as to include in the borough any portion of the county which is not included in the borough by this Act.
(3) On receiving an application under either of the foregoing sub-sections the Minister may, after holding a local inquiry into the subject-matter of such application and after considering any representations made to him by the County Council and (where the application is made by the Borough Corporation) by the City Corporation, make a provisional order giving effect to the proposal contained in such application with such (if any) modifications as he may think proper to make therein, or may refuse such application.
(4) A provisional order under this section shall not have effect unless or until confirmed by the Oireachtas.
(5) On and after the day on which a provisional order under this section extending the boundary of the city comes into force, this Act shall apply in and in relation to the portion of the county included in the city by such order in the same manner as it applies on and after the 1st day of April, 1931 in and in relation to the added rural area.
(6) A provisional order under this section extending the boundary of the borough may apply, in respect of such extension, all or any of the provisions of this Part of this Act relating to the added rural area with the substitution in such provisions of the Borough Corporation for the City Corporation and such other modifications as may be necessary in the circumstances.
(7) A provisional order under this section may contain such provisions as the Minister shall think proper in relation to the adjustment of property, rights, and liabilities and the determination of financial and other matters between the County Council and the City Corporation or the Borough Corporation (as the case may be), the alteration of electoral areas, and any other matter arising in consequence of such order.
Trusts for benefit of the existing city or an added urban district.
28.—(1) Where any real or personal property is, immediately before the appointed day, vested in the City Corporation or in any other corporate body or any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of the Existing City or of the citizens or the inhabitants of the Existing City or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of the Existing City or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, the benefit of such trusts shall (as the case may require) extend to the whole of the City or to all the citizens or all the inhabitants of the City or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the City or any member of the said particular class of such citizens or such inhabitants.
(2) Where any real or personal property is, immediately before the appointed day, vested in the council of either of the added urban districts upon trusts for educational or charitable purposes for the exclusive benefit of such district or of the citizens or the inhabitants of such district or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of such district or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, such property shall become and be vested in the City Corporation upon the same trusts as those upon which such property was previously vested in such council but the benefit of such trusts shall (as the case may require) extend to the whole of the City or to all the citizens or all the inhabitants of the City or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the City or any member of the said particular class of such citizens or such inhabitants.
(3) Where any real or personal property is immediately before the appointed day vested in any corporate body (other than the council of an added urban district) or in any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of one or both of the added urban districts or of the citizens or the inhabitants of one or both of the added urban districts or any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of one or of both of the added urban districts or any member of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, the benefit of such trusts shall (as the case may require) extend to the whole of the City or to all the citizens or all the inhabitants of the City or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the City or to any member of the said particular class of such citizens or such inhabitants.
(4) Nothing in this section shall apply to any trust for the exclusive benefit of an area which is not co-extensive with the Existing City or with one or both of the added urban districts or for the exclusive benefit of the citizens or the inhabitants of any such area or any particular class of such citizens or such inhabitants or to any trusts of which only the citizens or the inhabitants of any such area or only the members of a particular class of such citizens or such inhabitants are entitled to take advantage.
Trusts for the benefit of a coastal urban district.
29.—(1) Where any real or personal property is, immediately before the appointed day, vested in the council of one of the coastal urban districts upon trusts for educational or charitable purposes for the exclusive benefit of such district or of the citizens or the inhabitants of such district or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of such district or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, such property shall become and be vested in the Borough Corporation upon the same trusts as those upon which such property was previously vested in such council but the benefit of such trusts, shall (as the case may require) extend to the whole of the Borough or to all the citizens or all the inhabitants of the Borough or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the Borough or any member of the said particular class of such citizens or such inhabitants.
(2) Where any real or personal property is, immediately before the appointed day, vested in any corporate body (other than the council of a coastal urban district) or in any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of one or more of the coastal urban districts or of the citizens or the inhabitants of one or more of the coastal urban districts or any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of one or more of the coastal urban districts or any member of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, the benefit of such trusts shall (as the case may require) extend to the whole of the Borough or to all the citizens or all the inhabitants of the Borough or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the Borough or to any member of the said particular class of such citizens or such inhabitants.
(3) Nothing in this section shall apply to any trust for the exclusive benefit of an area which is not co-extensive with one or more of the coastal urban districts or for the exclusive benefit of the citizens or the inhabitants of any such area or any particular class of such citizens or such inhabitants or to any trusts of which only the citizens or the inhabitants of any such area or only the members of a particular class of such citizens or such inhabitants are entitled to take advantage.
PART II.
The Administration of the City and the Borough.
Provisions relating to the city.
Vesting of powers etc. in the City Corporation.
30.—(1) The Order dated the 20th day of May, 1924 and made under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), whereby the council of the county borough of Dublin was dissolved shall remain in force until the appointed day and shall then cease to have effect.
(2) All real and personal property (including choses-in-action) which, immediately before the appointed day, is by virtue of the said Order dated the 20th day of May, 1924 vested in the persons who are then performing under the said Order the duties of the council of the county borough of Dublin shall, on the appointed day, become and be vested in the City Corporation.
(3) The powers, functions, and duties of the council of the county borough of Dublin which by virtue of the said Order dated the 20th day of May, 1924 are, immediately before the appointed day, exercised and performed by the persons named in that behalf in the said Order shall, as on and from the appointed day, become and be powers, functions, and duties of the City Corporation.
(4) All and every of the powers, functions, and duties which by virtue of the inclusion by this Act within the city of any area not forming part of the existing city would, but for this sub-section, be conferred or imposed on the council of the county borough of Dublin in respect of such area shall, as on and from the date when such area is so included within the city, become and be powers, functions, and duties of the City Corporation.
(5) The law in force at the passing of this Act in relation to the councils of county boroughs shall, in so far as it is not in consistent with this Act, apply to the City Corporation and for that purpose the City Corporation shall be deemed to be the council of a county borough.
(6) All and every of the powers, functions, and duties which shall, by or under any Act passed after the passing of this Act, be conferred or imposed on the council of the county borough of Dublin shall, as on and from the date on which such powers, functions, and duties are so conferred or imposed, become and be powers, functions and duties of the City Corporation.
(7) Whenever by or under any Act passed after the passing of this Act any powers, functions, or duties are conferred or imposed on the council of a borough, county borough, or urban district, such powers, functions, and duties in so far as they relate to the council of the county borough of Dublin, shall as on and from the date on which they are so conferred or imposed become and be powers, functions, and duties of the City Corporation.
(8) All powers, functions, and duties vested by statute in the Lord Mayor in relation to any market, whether as clerk of the markets or otherwise, shall, as on and from the appointed day, become and be powers, functions, and duties of the City Corporation.
(9) All and every of the powers, functions, and duties of the City Corporation shall be exercised and performed for and on behalf of the City Corporation by the City Council or the City Manager (as the case may require) subject to and in accordance with the provisions of this Act.
(10) No election of members of the council of the county borough of Dublin shall be held in pursuance of sub-section (1) of section 2 of the Local Elections (Dissolved Authorities) Act, 1926 (No. 22 of 1926), notwithstanding anything contained in the said Act or in the Local Elections (Dublin) Act, 1929 (No. 3 of 1929).
Constitution of the City Council.
31.—(1) The City Council shall consist of thirty-five members of whom thirty (in this Act referred to as ordinary members) shall be elected in accordance with this Act by the persons for the time being registered on the register of local government electors and five (in this Act referred to as commercial members) shall be elected in accordance with this Act by the persons for the time being registered on the register of commercial electors.
(2) Twelve members of the City Council shall constitute a quorum.
City elections.
32.—(1) A city election shall be held in the year 1930 and in every third year thereafter and in no other year.
(2) At every city election, the election of ordinary members and the election of commercial members shall be held independently as separate elections and the voting by any person at one of such elections shall not disqualify him for voting at the other of such elections.
(3) At every city election, the election of commercial members shall be held as nearly as may be at the same time as the election of ordinary members.
(4) Sub-section (5) of section 2 of the Local Government (Ireland) Act, 1898, shall not apply in respect of elections of members of the City Council.
(5) The election of ordinary members at the city election held in the year 1930 shall be held on the day of election, and the election of ordinary members at every subsequent city election shall be held on such day as shall be appointed for the purpose by or under the law for the time being in force in relation to elections of members of councils of county boroughs.
(6) Subject to the provisions of this Act, the law for the time being in force in relation to the election, qualification, disqualification, and tenure of office of members of the council of a county borough shall apply in relation to the election, qualification, disqualification, and tenure of office of members of the City Council.
(7) Save as is otherwise provided by this Act, the law for the time being in force in relation to the qualification and disqualification of persons for membership of any committee wholly or partly appointed by the council of a county borough shall apply to the appointment by the City Council of persons to be members of any such committee and to such persons when so appointed.
(8) For the purposes of the two next preceding sub-sections, a contract with the City Corporation shall be deemed to be a contract with the City Council and with every committee and joint committee appointed or partly appointed by the City Council, and a contract with any such committee shall be deemed to be also a contract with the City Council, and, in relation to the city election to be held in the year 1930, a contract with an abolished body of which the City Corporation is the successor or with any committee or joint committee appointed or partly appointed by any such body shall be deemed to be also a contract with the City Council.
Electoral areas in the city.
33.—(1) As soon as may be after the passing of this Act and before the day of election, the Minister shall by order—
(a) divide the area consisting of the Existing City, the added urban districts, and the added rural area into five borough electoral areas which shall be the borough electoral areas in the City for the purposes of the Local Government (Ireland) Act, 1919, and
(b) prescribe the number of ordinary members of the City Council to be elected for each of such borough electoral areas and shall so prescribe such number as to secure, so far as is practicable, that the number of members so assigned to each such area shall be such as to give equal representation upon the basis of population.
(2) Every local government elector registered as such within the added rural area or within either of the added urban districts shall be entitled (subject to any disqualification imposed by law) to vote at the election of ordinary members at the city election held in the year 1930.
(3) The following provisions shall have effect in relation to the election of ordinary members at the city election to be held in the year 1930, that is to say:—
(a) every polling district existing at the passing of this Act which is wholly within a borough electoral area prescribed by the said order shall be a polling district for the purposes of such election, and every polling place so existing in any such polling district shall be a polling place for the purposes of such election;
(b) in the case of a polling district existing at the passing of this Act which is not wholly within any borough electoral area prescribed by the said order, each part of such polling district wholly within any such borough electoral area shall be a separate polling district for the purposes of such election, and the polling places in each such last-mentioned separate polling district at such election shall be such places (whether within or outside such district) as shall be appointed for the purpose by the returning officer at such election.
Register of commercial electors.
34.—(1) As soon as may be after the passing of this Act, a register (in this Act referred to as the register of commercial electors) of persons entitled to vote at elections of commercial members of the City Council shall be prepared and thenceforward maintained.
(2) There shall be registered in the register of commercial electors every individual, partnership, unincorporated association, and corporate body who or which resides in Saorstát Eireann and is for the time being the rated occupier of any premises situate in the City or (until the appointed day) in an added urban district or (until the 1st day of April, 1931) in the added rural area and either—
(a) such premises are valued under the Valuation Acts at not less than twenty pounds and are occupied by such individual, partnership, unincorporated association, or corporate body wholly for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit, or
(b) such premises are occupied by such individual, partnership, unincorporated association, or corporate body partly for the purpose aforesaid and the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied is not less than twenty pounds.
(3) For the purposes of this section—
(a) a partnership shall not be deemed to reside in Saorstát Eireann unless all the partners therein reside in Saorstát Eireann, and
(b) an unincorporated association shall not be deemed to reside in Saorstát Eireann unless its business is managed and controlled in Saorstát Eireann, and
(c) a corporate body shall not be deemed to reside in Saorstát Eireann unless either its business is managed and controlled in Saorstát Eireann and it is registered under the Companies Acts, 1908 to 1924 in Saorstát Eireann, or the business carried on by it in Saorstát Eireann consists wholly or substantially of the manufacture of goods in Saorstát Eireann.
(4) An individual, partnership, unincorporated association or corporate body may be registered in the register of commercial electors in respect of two or more premises.
(5) Every individual, partnership, unincorporated association, and corporate body who or which is for the time being registered in the register of commercial electors, and no other person, shall be entitled to vote at an election of commercial members of the City Council.
(6) In this section and in the next following section, the word “premises” means a hereditament or tenement separately valued under the Valuation Acts.
Elections of commercial members of the City Council.
35.—(1) At an election of commercial members of the City Council, each person entitled to vote at such election shall have such number of votes as is hereinafter stated, that is to say:—
if the value of the premises in respect of which he is registered in the register of commercial electors or, where he is so registered in respect of two or more premises, the aggregate of the values of all the premises in respect of which he is so registered is less than fifty pounds______________one vote, if such value or aggregate of values is not less than fifty pounds and is less than one hundred pounds________two votes, if such value or aggregate of values is not less than one hundred pounds and is less than one hundred and fifty pounds______________________three votes, if such value or aggregate of values is not less than one hundred and fifty pounds and is less than two hundred pounds____________________four votes, if such value or aggregate of values is not less than two hundred pounds and is less than two hundred and fifty pounds___________________five votes, if such value or aggregate of values is not less than two hundred and fifty pounds_____________six votes.
(2) For the purposes of the foregoing sub-section of this section the value of any premises shall be taken to be—
(a) where such premises are occupied by the rated occupier thereof wholly for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit, the valuation of such premises under the Valuation Acts, or
(b) where such premises are occupied by the rated occupier thereof partly for the purpose aforesaid, the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied.
(3) The following provisions shall apply and have effect in respect of elections of commercial members of the City Council, that is to say:—
(a) at the election held in the year 1930, the Existing City, the added urban districts, and the added rural area shall form one electoral area, and at every subsequent election the City shall form one electoral area;
(b) the voting shall be by secret ballot;
(c) the voting shall be according to the principle of proportional representation and, in the case of voters having one vote only, every vote shall be a single transferable vote and, in the case of voters having more than one vote, each vote cast by a voter shall be a single transferable vote and shall be recorded on a separate ballot paper;
(d) every vote shall be recorded on a ballot paper sent to the voter by post and returned by him to the returning officer.
Aldermen and councillors of the city.
36.—(1) The first ordinary member of the City Council elected at a city election for each borough electoral area shall be an alderman.
(2) The first commercial member of the City Council elected at a city election shall be an alderman.
(3) Every member of the City Council who is not by virtue of this section an alderman shall be a councillor.
Meetings of the City Council.
37.—(1) The first meeting of the City Council shall be a quarterly meeting and shall be held at noon on the appointed day in the City Hall, Dublin, and if for any reason such meeting is not so held such meeting shall be held at such time, on such day (as soon as conveniently may be after the appointed day), and at such place as shall be appointed for the purpose by the Minister.
(2) Until the Lord Mayor has been elected and has made the declaration accepting office which is required by law, the City Manager shall be the chairman at the first meeting of the City Council but shall not thereby be entitled to vote on any question which is to be decided at such meeting by a vote of the members.
(3) At the first meeting of the City Council the business to be transacted shall be such business as the City Council is required by or under this Act or otherwise by law to transact at such meeting, and also any other business arising under this Act which, in the opinion of the City Council, it is necessary or desirable to transact at such meeting, and no notice, whether by notice of motion or otherwise, shall be required for the transaction of any such business.
(4) Subject to the provisions of this section, the law for the time being in force in relation to the holding of quarterly meetings and other meetings of the council of a county borough and to the meetings so held and to things done and to be done and the procedure generally at such meetings shall apply to the holding of quarterly meetings and other meetings of the City Council and to the meetings so held and to things done and to be done and the procedure generally at such meetings.
Election and tenure of office of Lord Mayor.
38.—(1) The City Council shall, at their first meeting and at the quarterly meeting held next after every 22nd day of June, elect one of their members to be the Lord Mayor.
(2) The Lord Mayor shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the City Council at which a Lord Mayor is to be elected by the City Council and such successor shall have made the declaration accepting office which is required by law.
(3) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a lord mayor of a county borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Lord Mayor.
The Dublin City Manager.
39.—(1) On and after the appointed day a person appointed for the purpose by or under this Act, who shall be called and known as the Dublin City Manager and Town Clerk, shall exercise and perform for and on behalf of the City Corporation the powers, functions, and duties of the City Corporation in relation to the appointment and removal of officers and servants of the City Corporation (other than the City Manager), and shall also exercise and perform all other powers, functions, and duties of the City Corporation other than the reserved functions.
(2) For the purposes of every enactment (including enactments passed or made after the passing of this Act) relating either to town clerks of county boroughs in general or to the town clerk of the City in particular, the City Manager shall, on and after the appointed day, be the town clerk of the City and have, exercise, and perform all the powers, functions, and duties for the time being conferred or imposed by any such enactment or otherwise by law on the town clerk of the City.
(3) All fees and emoluments which are payable by or under any statute (whether passed before or after this Act) to town clerks of county boroughs or in particular to the Town Clerk of the City, and are received by the City Manager by virtue of his being the Town Clerk of the City, shall be paid by the City Manager into the municipal fund and be accounted for accordingly.
(4) Every person appointed by or under this Act to be City Manager shall by virtue of such appointment be an officer of the Corporation.
Appointment by the City Corporation of members of certain public bodies.
40.—(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a county borough or by the council of an urban district or in particular by the council of the county borough of Dublin or by the council of either of the added urban districts shall be a member of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the appointed day by the City Council to be a member of a public body, and in lieu thereof it is hereby enacted that any person who is on or after the appointed day elected or nominated by the City Council to be a member of a public body and who but for this section would be required to be a member of the City Council or of the council of the county borough of Dublin or the council of an added urban district shall be such person willing to act, whether a member or not a member of the City Council, as the City Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.
(2) Nothing in the foregoing sub-section shall operate to render unnecessary—
(a) the possession by any person who is on or after the appointed day elected or nominated by the City Council to be a member of any public body of any special qualifications (other than membership of the City Council, the council of the county borough of Dublin, or the council of an added urban district) which such person is required by law to possess, or
(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898, so far as the said sub-section (2) as adapted, amended, or applied by or under any Act of the Oireachtas relates to membership of the joint committee of management of the Grangegorman District Mental Hospital.
(3) The City Manager, notwithstanding that he is not a member of the City Council, shall be qualified and may with his consent be appointed by the City Council to be a member of the joint committee of management of the Grangegorman District Mental Hospital in the same manner as if he were a member of the City Council, and for the purpose of such appointment the office of the City Manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Act of 1925.
(4) If and when the City Manager is appointed under this section to be a member of the joint committee of management of the Grangegorman District Mental Hospital the number of members of the said committee who are required by law to be members of the City Council shall be reduced by one.
Abolition of certain committees.
41.—(1) On and after the appointed day the following committees (in this section referred to as abolished committees) shall cease to exist, that is to say:—
(a) the committee of management heretofore appointed by the council of the county borough of Dublin under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913;
(b) the committee heretofore formed and kept up by the council of the county borough of Dublin under the Fourth Schedule to the Diseases of Animals Act, 1894;
(c) the Waterworks Committee heretofore appointed under section 7 of the Dublin Corporation Waterworks Act, 1861, as amended by section 13 of the Dublin Corporation Waterworks Acts Amendment Act, 1878.
(2) On and after the appointed day, all the powers and duties conferred and imposed on the several abolished committees respectively by the respective enactments mentioned in the foregoing sub-section shall by virtue of this section be transferred to and become and be conferred and imposed on the City Corporation.
Provisions relating to the borough.
Vesting of powers, etc., in the Borough Corporation.
42.—(1) Whenever by or under any Act passed before or after the passing of this Act any powers, functions, or duties are conferred or imposed on the council of a borough or an urban district such powers, functions, and duties, in so far as they relate to the council of the borough of Dun Laoghaire, shall on and after the appointed day or the day on which they are so conferred or imposed (whichever shall be the later) become and be powers, functions, and duties of the Borough Corporation.
(2) All and every of the powers, functions, and duties of the Borough Corporation shall be exercised and performed for and on behalf of the Corporation by the Borough Council or the Borough Manager (as the case may require) subject to and in accordance with the provisions of this Act.
Constitution and election of the Borough Council.
43.—(1) The Borough Council shall consist of fifteen members elected in accordance with this Act, of whom six members shall constitute a quorum.
(2) A borough election shall be held in the year 1930 and in every third year thereafter and in no other year and at every borough election the borough shall form one electoral area.
(3) In the year 1930 the borough election shall be held on the day of election and for the purposes of such election and for such purposes only the Borough shall be deemed to have been established on that day.
(4) The Minister shall appoint a person to act as returning officer at the borough election held in the year 1930.
(5) The several polling districts and polling places existing in the coastal urban districts at the passing of this Act shall be respectively the polling districts and the polling places for the purposes of the borough election held in the year 1930.
(6) Subject to the foregoing provisions of this section and to the provisions of this Act for the filling of extraordinary vacancies, the law for the time being in force in relation to the election, qualification, disqualification, and tenure of office of members of the council of a borough shall apply in relation to the election, qualification, disqualification, and tenure of office of members of the Borough Council.
(7) Save as is otherwise provided by this Act, the law for the time being in force in relation to the qualification and disqualification of persons for membership of any committee wholly or partly appointed by the council of a borough shall apply to the appointment by the Borough Corporation of persons to be members of any such committee and to such persons when so appointed.
(8) For the purposes of the two next preceding sub-sections, a contract with the Borough Corporation shall be deemed to be a contract with the Borough Council and with every committee and joint committee appointed or partly appointed by the Borough Council, and a contract with any such committee or joint committee shall be deemed to be also a contract with the Borough Council, and, in relation to the borough election to be held in the year 1930, a contract with an abolished body of which the Borough Corporation is the successor or with any committee or joint committee appointed or partly appointed by any such body shall be deemed to be also a contract with the Borough Council.
Councillors of the Borough.
44.—All the members of the Borough Council shall be councillors, and there shall be no aldermen of the Borough.
Meetings of the Borough Council.
45.—(1) The first meeting of the Borough Council shall be a quarterly meeting and shall be held at noon on the appointed day in the Town Hall, Dun Laoghaire, and if for any reason such meeting is not so held such meeting shall be held at such time, on such day (as soon as conveniently may be after the appointed day) and at such place as shall be appointed for the purpose by the Minister.
(2) Until the Chairman has been elected and has made the declaration accepting office which is required by law, the Borough Manager shall be the chairman at the first meeting of the Borough Council, but shall not thereby be entitled to vote on any question which is to be decided at such meeting by a vote of the members.
(3) At the first meeting of the Borough Council the business to be transacted shall be such business as the Borough Council is required by or under this Act or otherwise by law to transact at such meeting, and also any other business arising under this Act which, in the opinion of the Borough Council, it is necessary or desirable to transact at such meeting, and no notice, whether by notice of motion or otherwise, shall be required for the transaction of any such business.
(4) Subject to the provisions of this section, the law for the time being in force in relation to the holding of quarterly meetings and other meetings of the council of a borough and to the meetings so held and of things done and to be done and the procedure generally at such meetings shall apply to the holding of quarterly meetings and other meetings of the Borough Council and to the meetings so held and to things done and to be done and the procedure generally at such meetings.
Election and tenure of office of the Chairman.
46.—(1) The Borough Council shall at their first meeting and at their quarterly meeting held next after every 1st day of July elect one of their members to be the Chairman.
(2) The Chairman shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the Borough Council at which a chairman is to be elected by the Borough Council, and such successor shall have made the declaration accepting office which is required by law.
(3) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a mayor of a borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Chairman and every reference in any enactment (including enactments passed or made after the passing of this Act) to the mayor of a borough shall, in so far as such enactment applies to the borough, be construed and have effect as a reference to the Chairman.
The Dun Laoghaire Borough Manager.
47.—(1) On and after the appointed day a person appointed for the purpose under this Act, who shall be called and known as the Dun Laoghaire Borough Manager and Town Clerk, shall exercise and perform for and on behalf of the Borough Corporation the powers, functions, and duties of the Borough Corporation in relation to the appointment and removal of officers and servants of the Borough Corporation (other than the Borough Manager), and shall also exercise and perform all other powers, functions, and duties of the Borough Corporation other than the reserved functions.
(2) For the purposes of every enactment (including enactments passed or made after the passing of this Act) relating to town clerks of boroughs, the Borough Manager shall, on and after the appointed day, be the Town Clerk of the Borough, and have, exercise, and perform all the powers, functions, and duties for the time being conferred or imposed by any such enactment or otherwise by law on the Town Clerk of the Borough.
(3) All fees and emoluments which are payable by or under any statute (whether passed before or after this Act) to town clerks of boroughs and are received by the Borough Manager by virtue of his being Town Clerk of the Borough, shall be paid by the Borough Manager into the municipal fund and be accounted for accordingly.
(4) Every person appointed under this Act to be the Borough Manager shall by virtue of such appointment be an officer of the Borough Corporation.
Appointment by the Borough Corporation of members of certain public bodies.
48.—(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a borough or of an urban district or in particular by the council of any of the coastal urban districts shall be a member of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated, on or after the appointed day, by the Borough Council to be a member of a public body, and in lieu thereof it is hereby enacted that any person who is, on or after the appointed day, elected or nominated by the Borough Council to be a member of any public body and who but for this section would be required to be a member of the Borough Council or of the council of a coastal urban district, shall be such person, whether a member or not a member of the Borough Council, as the Borough Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.
(2) Nothing in the foregoing sub-section shall operate to render unnecessary the possession by any person who is, on or after the appointed day, elected or nominated by the Borough Council to be a member of any public body of any special qualifications (other than membership of the Borough Council or of the council of a coastal urban district) which such person is required by law to possess.
Superannuation of Borough employees.
49.—(1) The Borough Corporation shall be deemed to be a local body empowered by statute to grant to any of its employees, other than officers, an allowance in respect of the loss of his employment within the meaning of section 53 of the Act of 1925 and that section shall apply to the Borough accordingly.
(2) The Borough Corporation shall not grant an allowance under the said section 53 as applied by this section to any employee whose period of service with the Borough Corporation (including any period which he is entitled under this Act to reckon as such service) is less than twenty years.
Provisions relating to the city and the borough.
Casual vacancies in the Council.
50.—(1) Whenever a vacancy (in this Act referred to as a casual vacancy) shall occur in the membership of the Council by reason of the death, resignation, disqualification, or non-acceptance of office of a member thereof, such vacancy shall be filled by the Council after due notice at the next meeting of the Council after the expiration of one month from the occurrence of such vacancy or as soon after that meeting as circumstances will permit.
(2) Every person who is elected by the Council to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified or he refuses to accept office, hold office as a member of the Council for the residue then unexpired of the term for which the member whose death, resignation, disqualification, or non-acceptance of office occasioned the vacancy would have held office if he had not died, resigned, become disqualified, or refused to accept office.
Reserved functions.
51.—(1) The Council shall directly exercise and perform all and every of the powers, functions, and duties of the Corporation in relation to the following matters, that is to say:—
(a) the making of any rate or the borrowing of any moneys;
(b) the making, amending, or revoking of any bye-law;
(c) the making of any order and the passing of any resolution by virtue of which any enactment is brought into operation in or made to apply to the City or the Borough (as the case may be) and the revoking of any such order and the rescinding of any such resolution;
(d) the application to be made to any authority in respect of the making or revoking of any such order as aforesaid;
(e) the making or revoking of any order under section 5 of the Shops Act, 1912 (in that Act referred to as the closing order);
(f) the powers conferred by section 3 of the Borough Funds (Ireland) Act, 1888 in relation to the promotion or the opposing of legislation, the prosecution and defence of any such legal proceedings as are mentioned in that section, and the application for those purposes of the public funds and rates under the control of the corporation;
(g) the appointment or election of any person to be a member of any public body;
(h) parliamentary and local elections;
(i) the admission of persons to the freedom of the City or the Borough (as the case may be);
(j) subject to the provisions of this Act, the appointment, suspension and removal of the manager and the granting of an allowance or gratuity to the manager on his ceasing to be the manager;
(k) the determination of the amount of the salary and remuneration of the Lord Mayor or Chairman (as the case may be);
(l) applications to the Minister for a provisional order under this Act extending the boundary of the City or the Borough (as the case may be);
(m) the disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, and hereditaments belonging to the Corporation;
(n) the appointment of representatives of the Corporation to attend any such conference or meeting as is mentioned in section 2 of the Public Health and Local Government Conferences Act, 1885, and the exercise of the power conferred by that section in relation to the payment of the expenses of the attendance of such representatives at such conferences and meetings.
(2) The Minister may, subject to the provisions of this section, by order require that the powers, functions and duties of the Corporation in relation to any matter not included in the matters referred to in the foregoing sub-section shall be exercised and performed directly by the Council and upon such order being made the said powers, functions and duties shall, as on and from the date specified in that behalf in such order, be exercised and performed directly by the Council and shall continue so to be exercised and performed while such order remains in force.
(3) The Minister may, subject to the provisions of this section, revoke an order made by him under this section.
(4) The Minister shall not make or revoke an order under this section save upon the application of the Council made to the Minister in pursuance of a resolution passed by the Council and for the passing of which more than one-half of the members of the Council voted and which was so passed after not less than one month's notice of the intention to propose such resolution had been given in writing by the manager to every member of the Council.
(5) Upon receipt by him of any such application as aforesaid the Minister, before (as the case may be) making or revoking an order under this section, may, if he thinks fit, hold a local inquiry into any matters which appear to him to be relevant to the purpose of (as the case may be) making or revoking such order.
(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty conferred or imposed on the manager by or under this Act in relation to the officers and servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers and servants or any of them.
(7) In this Act the expression “reserved functions” means the powers, functions and duties of the Corporation which are for the time being required by this section or by an order made under this section to be exercised and performed by the Council directly.
Reception and examination of tenders.
52.—(1) The Council may, if and whenever it thinks fit, make regulations prescribing the procedure to be followed in regard to the reception and examination of all or any particular class or classes of tenders for the supply of goods, the execution of works, or any other thing for which the Corporation may lawfully have invited the submission of tenders.
(2) All regulations made under this section shall be subject to the approval of the Minister and no such regulation shall be of any force or effect unless or until it has been so approved.
(3) Whenever and so long as any regulations made under this section are in force, all tenders to which such regulations apply shall be received and examined in accordance with the procedure prescribed by such regulations.
Appointment of Manager.
53.—(1) Gerald Jarlath Sherlock, Town Clerk of the City of Dublin, shall be and is hereby appointed to be the City Manager as on and from the appointed day.
(2) Before the appointed day the appointment of a person to be the Borough Manager or (in the case of the said Gerald Jarlath Sherlock being prevented by any event occurring before or after the passing of this Act from taking office as City Manager) the City Manager shall be made by the Minister on the recommendation of the Local Appointments Commissioners, and those Commissioners are hereby required to make such recommendation on the request of the Minister.
(3) On and after the appointed day the appointment of a person to be a manager shall be made by the council, and the office of manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926, applies.
(4) The manager shall hold office until he dies, resigns or is removed from office.
(5) The manager shall not be removed without the sanction of the Minister and shall not be either suspended or removed by the council save by a resolution passed by the council for the purpose of such suspension or such removal (as the case may be) and for the passing of which not less than two-thirds of the members of the council voted and which was so passed after not less than seven days, notice of the intention to propose such resolution had been given to every member of the council.
(6) There shall be paid by the Corporation to the manager such remuneration as the Minister shall from time to time determine.
(7) The manager may do all such matters and things, including the making of contracts for and on behalf of the Corporation and the affixing of the official seal of the Corporation to documents, as may be necessary for or incidental to the exercise or performance of any of the powers, functions and duties of the Corporation which are by this Act required to be exercised or performed by the manager.
(8) The manager shall not affix the official seal of the Corporation to any documents save in the presence of the Lord Mayor or Chairman (as the case may be).
Furnishing of information to the Lord Mayor or Chairman.
54.—(1) The manager shall, whenever requested by the Lord Mayor or Chairman (as the case may be) or the Council so to do, afford to the Lord Mayor or Chairman or the Council (as the case may require) all such information as may be in the possession or procurement of the manager in regard to any act, matter or thing appertaining to or concerning any business or transaction of the Corporation which is mentioned in such request.
(2) At the beginning of every month the manager shall cause to be prepared and shall furnish to every member of the Council a statement showing as nearly as may be the actual financial position of the Corporation at the end of the previous month.
Manager to advise the Council.
55.—(1) It shall be the duty of the manager to advise and assist the Council generally in regard to the exercise or performance by them of the reserved functions and in particular in regard to any matter or thing in relation to the exercise or performance by the Council of the reserved functions on or in respect of which the Council requests the advice or assistance of the manager.
(2) It shall be the duty of the manager to carry into effect all lawful orders of the Council in relation to the exercise and performance of the reserved functions.
Preparation of plans, etc., by the manager for the Council.
56.—The Council may at any time by resolution require the manager to prepare and submit to the Council plans and specifications for the execution of any particular work specified in such resolution which can lawfully be executed by the Corporation, together with an estimate of the probable cost of the execution of such work, and whenever the Council passes any such resolution the manager shall, as soon as conveniently may be, prepare and submit to the Council plans and specifications and an estimate in accordance with such resolution.
Attendance, etc., of manager at meetings of the Council.
57.—(1) The manager shall have the right to attend meetings of the Council and to take part in discussions at such meetings as if he were a member of the Council, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the Council.
(2) The manager shall attend any meeting of the Council or of any committee of the Council at which he is requested by the Council to attend, and shall at such meeting give to the Council or such committee (as the case may be) such advice and assistance as shall reasonably be required of him by the Council or such committee, and for that purpose the manager shall arrange for the attendance at such meeting of such of the officers of the Corporation as may be necessary, having regard to the business to be transacted at such meeting.
Requisition by Council that a particular thing be done.
58.—(1) The Council, at a meeting specially summoned for the purpose under this section, may by resolution proposed and passed in accordance with this section require any particular act, matter, or thing, specifically mentioned in such resolution and which the Corporation or the manager can lawfully do, to be done in relation to any of the powers, functions, and duties of the Corporation which are not for the time being reserved functions.
(2) Notice of the intention to propose any such resolution as is authorised by the foregoing sub-section of this section shall be given in writing to the manager and shall be signed by not less than seven members of the Council and shall contain a copy of such resolution and shall specify a day (not less than seven nor more than fourteen days after the day on which such notice is received by the manager) for the holding of the meeting of the Council at which such resolution is to be proposed and considered.
(3) Whenever the manager receives any such notice as is mentioned in the foregoing sub-section of this section, he shall as soon as possible send a copy of such notice to every member of the Council and shall summon a special meeting of the Council for the date specified in that behalf in such notice at the usual hour for meetings of the Council.
(4) When a resolution of which notice has been given under this section has been proposed at the meeting of the Council summoned for the purpose under this section, the Council and the manager shall consider such resolution and if after such consideration the Council pass such resolution and the number of members voting for such resolution exceeds either half the total membership of the Council, or two-thirds of the members present and voting, the manager shall, if and when and so far as money for the purpose is or has been provided, do in accordance with such resolution the act, matter, or thing which is required by such resolution to be done.
(5) A resolution passed under this section shall not be so expressed as to apply or extend—
(a) to the exercise or performance of any power, function, or duty of the Corporation generally or to every case or occasion of the exercise or performance of any such power, function, or duty or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which such power, function, or duty is exercised or performed, nor
(b) to the exercise or performance of any power, or duty conferred or imposed on the manager by or under this Act in relation to the officers or servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them.
Any resolution purporting to be passed by the Council under this section which contravenes this sub-section shall be void and of no effect.
(6) In the event of any dispute arising between the Council and the Manager as to whether or not any resolution passed by the Council under this section contravenes the provisions of sub-section (5) hereof, the matter shall be referred for decision to the Minister.
Control, etc., of officers and servants of the Corporation.
59.—(1) The officers and servants of the Corporation shall perform their duties as such officers and servants in accordance with such directions as the manager may from time to time give either generally or in regard to the performance of any particular duty or any particular class or classes of duties or in regard to the performance of any such duty by any particular officer or servant of the Corporation, and the manager shall have and exercise control and full supervision of and over such officers and servants and any and every act or thing done or to be done by them in their capacity as officers and servants of the Corporation.
(2) Subject to any regulations made by the Minister under any Act and for the time being in force in relation to the service, remuneration, privileges, or superannuation (as the case may be) of the officers and servants of a local authority, the manager shall consider and decide all such questions as may from time to time arise in relation to the service, remuneration, privileges, and superannuation of the officers and servants of the Corporation.
Acting of the manager by signed order.
60.—(1) Every act or thing done or decision taken by the manager which, if done or taken by the council of a county or other borough or an urban district, would be required by law to be done or taken by resolution of such council, shall be done or taken by the manager by an order in writing signed by him and containing a statement of the time at which it was so signed.
(2) Where by or under any Act public notice is required to be given by the council of a borough, county borough, or urban district of the passing of the resolution by which any particular act or thing is done or any particular decision is taken by such council or before the holding of the meeting of any such council at which is passed the resolution by which any particular act or thing is done or any particular decision is taken by such council, the like public notice shall be given by the manager before he makes the order by which he does such particular act or thing or takes such particular decision.
(3) Every order made by the manager under this section shall for all purposes be deemed to be made at the time at which it is signed by the manager, and every such order shall, until the contrary is proved, be deemed to have been so signed at the time stated in that behalf in such order.
(4) The manager shall keep a register in which shall be entered a copy of every order made by him under this section and the manager shall, at every meeting of the Council, produce for the inspection of the members of the Council so much of such register as contains any such orders made since the next previous meeting of the Council.
(5) Every document purporting to be an order made and signed by the manager shall, without proof of the signature of the person purporting to sign such document or that such person was the manager, be received in evidence and shall, until the contrary is proved, be deemed to be an order duly made and signed by the manager under this section and to have been so signed at the time stated in that behalf therein.
(6) Every document purporting to be certified in writing by the manager to be a true copy of an order made by the manager under this section shall, without proof of the signature of the person purporting so to certify or that such person was the manager, be received in evidence and shall, until the contrary is proved, be deemed to be evidence of the contents of the order of which it purports to be a copy and of the fact that such order was duly made and signed by the manager under this section at the time stated in that behalf therein.
Authorisation of payments.
61.—(1) The manager may by order signed by him and countersigned by the City Accountant or the Borough Accountant (as the case may require) authorise the making of any payment out of the funds of the Corporation in respect of any expense or on account of any liability incurred by the Council or the manager on behalf of the Corporation in the exercise or the performance by the Council or the manager (as the case may be) of any of the powers, functions or duties of the Corporation which are exercisable or performable by them or him respectively under this Act.
(2) The Council may at any time by resolution direct that every order made under the foregoing sub-section of this section shall, during such period as is specified in such resolution, be submitted to the Lord Mayor or Chairman (as the case may be) or to some other member of the Council nominated from time to time for the purpose by the Council for his signature.
(3) The Council may at any time by resolution revoke a direction given under the foregoing sub-section of this section and for the time being in force.
(4) If and whenever the Council gives any such direction as is hereinbefore mentioned, then, while such direction remains in force, the signature of the Lord Mayor or Chairman or of the member of the Council nominated for the purpose (as the case may require) shall be necessary on every such order as is mentioned in the first sub-section of this section in addition to the signature and counter-signature mentioned in that sub-section, but the Lord Mayor or Chairman or such member of the Council (as the case may be) shall not by reason of the fact of his signature being on any such order incur any liability to which he would not have been liable if such direction as aforesaid had not been given.
The municipal fund.
62.—(1) On and after the appointed day all the expenses incurred by the Corporation in the exercise and performance of their powers and duties (including the expenses of discharging liabilities existing on the appointed day) shall be defrayed out of a fund to be established by the Corporation and called “the municipal fund.”
(2) Every fund which, immediately before the passing of this Act, is maintained out of the produce of any of the rates abolished by this Act shall on the appointed day cease to be so maintained, and on that day the moneys (if any) standing to the credit of any such fund shall be paid into the municipal fund, and every liability due by any such fund shall be defrayed out of the municipal fund.
(3) On and after the appointed day all sums received by the Corporation, whether from rates or from sources other than rates, shall be paid to the treasurer of the Corporation and, save as is hereinafter otherwise provided, the receipt alone of the treasurer shall be a good discharge to the person paying the same, and all such sums shall be paid by the treasurer into the municipal fund.
(4) Notwithstanding anything contained in the foregoing sub-section of this section, the receipt of a collector of rates or of a person duly authorised by the Corporation to receive payments of any other particular class shall be a good discharge to a person making a payment (as the case may be) of rates to such collector or of such other particular class to such person, but in every such case it shall be the duty of such collector or person forth-with to pay the amount of such payment to the treasurer.
(5) No payments, except such payments as are duly authorised in accordance with this Act, shall be made out of the municipal fund and every payment so authorised shall be made by the treasurer of the Corporation.
(6) No part of the municipal fund or of any money under the control of the Corporation shall be applied for any purpose not authorised by this or any other Act or, in the case of money derived from trust funds, by the trusts affecting those funds.
(7) Every sinking fund or other fund to meet a future or prospective liability which the Corporation is required by or under any statute in force immediately before the passing of this Act to maintain shall be maintained out of the municipal fund and nothing in this section shall relieve the Corporation from the obligation so to maintain every such fund.
The municipal rate.
63.—(1) Save as in this Act otherwise provided, all rates (in this Act referred to as rates abolished by this Act) which, immediately before the 1st day of April, 1931 are leviable in the city or the borough shall, on the said 1st day of April, 1931 cease to be leviable, but such cesser shall not prevent, prejudice, or affect the collection or recovery on or after that date of any portion of any such rate which immediately before that date remains due and unpaid.
(2) The Corporation shall from time to time make, assess, and levy, in accordance with this Act, such rate (to be called and in this Act referred to as “the municipal rate”) as may be necessary for the purpose of supplying any deficiency (whether existing or prospective) in the municipal fund.
(3) Subject to the provisions of this Act, the law for the time being in force in relation to the making, assessment, levying, collection, and recovery of the poor rate shall apply respectively to the making, assessment, levying, collection, and recovery of the municipal rate by the Corporation.
(4) Notwithstanding anything contained in section 3 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), execution orders within the meaning of that Act in proceedings in the District Court for the recovery of moneys due in respect of the municipal rate shall, if the Court on the application of the person by whom such proceedings are brought so directs, be executed by such person.
(5) Sub-section (7) of section 51 of the Local Government (Ireland) Act, 1898, shall not apply or have effect in relation to any debt, claim, or demand which is directly or indirectly payable out of the municipal rate.
(6) Every demand note for municipal rate shall show separately on the front or the back thereof the portion of the rate in the pound of the said rate which is raised for any purpose in respect of which the Minister or the Council shall direct that the same shall be so shown separately.
Adjustment of rent in certain cases.
64.—(1) Where a tenement or hereditament situate in the City or the Borough is held (whether together with or without other premises) under a lease which binds the lessor to pay or allow a deduction or set off against or indemnify the lessee against or otherwise to relieve the lessee from any rates (other than poor rate) payable in respect of such tenement or hereditament, all rent payable under such lease in respect of a period commencing on or after the 1st day of April, 1931, shall be reduced—
(a) in the case of an annual rent, by an amount equal to the amount of the rates (other than poor rate) in respect of such tenement or hereditament for the local financial year commencing on the 1st day of April, 1930, to which the relief afforded to the lessee by such lease lawfully extended, and
(b) in the case of any rent other than an annual rent, by an amount which bears to the rates (other than poor rate) in respect of such tenement or hereditament for the local financial year commencing on the 1st day of April, 1930, to which the relief afforded to the lessee by such lease lawfully extended the same proportion as the period by reference to which such rent is calculated bears to one year.
(2) In this section the word “lease” includes any contract of tenancy, whether in writing or verbal, whereby the relation of landlord and tenant is created, and the words “lessor” and “lessee” respectively include the landlord of and the tenant-under such tenancy.
Contract water rate.
65.—The provisions of this Part of this Act abolishing certain rates shall not extend or apply to charges (commonly called contract water rates) made for the supply of water to particular hereditaments or tenements for purposes other than domestic purposes or to the supply of water under special contract to any person not otherwise entitled to such supply, and such charges shall, in the construction of this Act, not be included in the expression “rates abolished by this Act,” but such charges shall be collected and recovered as part of the municipal rate.
The police rate.
66.—(1) The rate (in this Act referred to as the police rate) heretofore levied in the Dublin Metropolitan area for the maintenance of a police force shall continue to be levied off the Dublin Metropolitan area in accordance with section 16 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), as if this Act had not been passed save that, in so much of the Dublin Metropolitan Area as is included in the city, the police rate shall be levied by the City Corporation and collected and recovered as part of the municipal rate and, in so much of the said Area as is included in the borough, the police rate shall be levied by the Borough Corporation and collected and recovered as part of the municipal rate.
(2) In this Act the expression “rates abolished by this Act” does not include the police rate.
The bridge rate.
67.—(1) No bridge rate shall be levied in the City or the Borough under section 27 of the Dublin Port and Docks (Bridges) Act, 1929 (No. 2 (Private) of 1929), and in lieu thereof the moneys required to be raised in any year in the City or the Borough to meet a demand by the Dublin Port and Docks Board under the said section 27 shall be so raised by means of the municipal rate.
(2) The said Dublin Port and Docks (Bridges) Act, 1929, shall be construed and have effect subject to the following modifications, that is to say:—
(a) the expression “the County Borough of Dublin” wherever the same occurs in section 27 of the said Act and in paragraph 1 of the First Schedule to the said Act shall mean the county borough of Dublin as for the time being extended by or under this Act, and
(b) the expression “the County of Dublin” wherever the same occurs in section 27 of the said Act shall not include any area which is for the time being detached from that county and included in the City by or under this Act, and
(c) the following paragraph shall be inserted in the First Schedule to the said Act in lieu of the paragraph 2 now contained in that Schedule, that is to say:—
“2. The Borough of Dun Laoghaire and the Urban District of Howth.”
and
(d) there shall be omitted from paragraphs 3 to 9 of the First Schedule to the said Act every area which is for the time being included in the City under or by virtue of this Act.
(3) In this Act the expression “rates abolished by this Act” includes the bridge rate.
Limitations on the municipal rate.
68.—(1) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-section applies on a hereditament or tenement situate in either of the areas which at the passing of this Act constitutes an added urban district, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates (other than the police rate) assessed on the urban district in which such hereditament or tenement was situate for or in respect of the year beginning on the 1st day of April, 1929, as was raised for purposes other than defraying the expenses of performing the duties of a board of guardians.
(2) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-section applies on a hereditament or tenement situate in the added rural area, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates (other than the police rate) assessed on hereditaments and tenements (other than agricultural land) in the townland in which such first-mentioned hereditament or tenement was situate for or in respect of the year beginning on the 1st day of April, 1929, as was raised for purposes other than defraying the expenses of performing the duties of a board of guardians.
(3) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-section applies on a hereditament or tenement situate in the area which at the passing of this Act constitutes the urban district of Killiney and Ballybrack, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates (other than the police rate) assessed on the said urban district for or in respect of the year beginning on the 1st day of April, 1929, as was raised for purposes other than defraying the expenses of performing the duties of a board of guardians.
(4) Sub-sections (1) and (2) of this section shall apply to every municipal rate made in the City for or in respect of a year prior to the year beginning on the 1st day of April, 1936, and sub-section (3) of this section shall apply to every municipal rate made in the Borough for or in respect of a year prior to the year beginning on the 1st day of April, 1936.
(5) The following purposes shall be excepted purposes within the meaning of this section, that is to say:—
(a) defraying the expenses of performing the duties formerly performed by a board of guardians;
(b) meeting a demand by the Dublin Port and Docks Board under section 27 of the Dublin Port and Docks (Bridges) Act, 1929 (No. 2 (Private) of 1929);
(c) defraying expenses incurred or meeting a demand made under any Act (other than this Act) passed by the Oireachtas after the 31st day of March, 1930, whether before or after the passing of this Act.
(6) Nothing in this section shall apply to a rate assessed on a hereditament or tenement mentioned in the Second Schedule to this Act.
Rating of certain classes of property.
69.—(1) For the purpose of the assessment and levying of the municipal rate on any hereditament or tenement mentioned or included in a class mentioned in the second column of the Second Schedule to this Act, the valuation of such tenement or hereditament shall be deemed to be reduced to the proportion, specified in the first column of the said Second Schedule in respect of such hereditament or tenement or such class (as the case may be) of the actual valuation under the Valuation Acts of such hereditament or tenement.
(2) Every hereditament or tenement mentioned or included in a class mentioned in the second column of the Second Schedule to this Act shall, for the purpose of assessment to and liability for the municipal rate, be deemed to be excluded from and disentitled to every and any exemption or relief from poor rate which is given by law otherwise than by reduction or control of the valuation on which poor rate is assessed, but such exclusion shall not operate to exempt from rateability to the municipal rate any half-rent which would be rateable to the poor rate if this Act had not been passed.
(3) Nothing in this section shall apply to or operate to reduce the annual value with reference to which the tax in respect of any hereditament or tenement under Schedules A and B of the Income Tax Act, 1918, is to be ascertained.
Application of the Local Government (Rates on Small Dwellings) Act, 1928.
70.—The Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928) shall, in its application to the City and the Borough respectively, be construed and have effect subject to the following modifications, that is to say:—
(a) the expression “small dwelling” wherever the same occurs in the said Act shall, on and after the 1st day of April, 1931 and subject to any order thereafter made by the Minister under section 2 of the said Act and for the time being in force and subject to this Act, mean a hereditament or tenement separately valued under the Valuation Acts whereof the valuation under those Acts does not exceed eight pounds and the whole or any part of which is structurally adapted for use as a dwelling, and
(b) section 7 of the said Act shall, in relation to hereditaments and tenements which are small dwellings within the meaning of the said Act by virtue only of the modification made by the foregoing paragraph of this section, have effect as if the figures “1931” were substituted for the figures “1929” wherever those figures occur in sub-section (1) of the said section and the figures “1930” were substituted for the figures “1928” wherever those figures occur in the said sub-section.
Rates on vacant premises.
71.—(1) Where a hereditament or tenement which is not a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928) as amended by this Act, is unoccupied at the making of the municipal rate, that rate shall be made upon the person (hereinafter referred to as the owner) who is for the time being entitled to occupy such hereditament or tenement, and upon such rate being paid by such owner, such owner shall be entitled to claim and receive from the Corporation a refund of one-twenty-fourth of such rate in respect of every completed month (reckoned from any day of one month to the corresponding day of the next month) during which such hereditament or tenement is unoccupied either for the purpose of the execution of additions, alterations, or repairs thereto or because such owner is bona fide unable to obtain a suitable tenant therefor, in the case of a hereditament or tenement to which the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930 for the time being apply, at the maximum rent for the time being permitted under those Acts or, in the case of any other hereditament or tenement, at a reasonable rent.
(2) When a rate is made by virtue of this section on the owner of an unoccupied hereditament or tenement and such hereditament or tenement is subsequently let by or on behalf of such owner and such rate or any part thereof is in arrear and unpaid, the rate collector by whom such rate is collectable may, in addition and without prejudice to any other remedy for the recovery of the amount of such rate so in arrear and unpaid, serve either personally or by post on the occupier of such hereditament or tenement a notice stating the said amount so in arrear and unpaid and requiring such occupier to pay to such rate collector or his successor in office all rent then due or thereafter to become due by him in respect of the said hereditament or tenement until the said amount is by such payment or otherwise discharged, and, upon such notice being so served, such rate collector or his successor in office shall have the exclusive right to recover, receive, and give a good discharge for all rent required by such notice to be paid to him.
(3) A rate made by virtue of this section on the owner of an unoccupied hereditament or tenement shall not be invalidated by any error or defect in the statement of the name of such owner or by the use of the description “the owner” without any name or addition, and every such rate shall be recoverable from such owner notwithstanding such error or defect or the use of such description.
Special provisions as to certain classes of property in the City.
72.—(1) Any person rated to the municipal rate in the City in respect of his occupation of a hereditament or tenement whereof the occupier (whether the said person or another person) at the passing of this Act is not liable for the payment of the public water rate levied under section 56 of the Dublin Corporation Waterworks Act, 1861, as amended by section 91 of the Dublin Corporation Act, 1890, shall be entitled to deduct annually from all rent accruing due by him after the 1st day of April, 1931 in respect of such hereditament or tenement under a contract of tenancy, express or implied, made before the passing of this Act, a sum equal to one forty-eighth of the valuation upon which the municipal rate in respect of such hereditament or tenement is assessed.
(2) Any hereditament or tenement in the City which is not a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), and which, in the opinion of the City Council, is suitable for use as a dwelling for and is occupied by an artisan or a labourer shall, if the City Council so resolves, be deemed to be a small dwelling within the meaning of that Act, and that Act shall apply to such hereditament or tenement accordingly, but subject to the modification hereinafter mentioned.
(3) In the case of a hereditament or tenement in the city which, in the opinion of the City Council, is suitable for use as a dwelling for and is occupied by an artisan or a labourer and either is or is deemed by virtue of the foregoing sub-section of this section to be a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928, section 10 of that Act shall be construed and have effect as if the expression “eight-tenths” was substituted for the expression “nine-tenths” in sub-section (1) thereof.
Amendment of the municipal rate.
73.—(1) The manager may from time to time amend any rate or assessment in the municipal rate book by inserting therein the name of any person who ought to have been rated or by striking out the name of any person who ought not to have been rated or by raising or reducing the sum at which a person has been rated or by making such other amendment therein as will make such rate or assessment conformable to the provisions of this Act in regard to the making of the municipal rate.
(2) Every person aggrieved by any such alteration shall have the same right of appeal therefrom as he would have had if his name had been originally inserted in the said rate or assessment and no such alteration had been made therein, and as regards such person the rate shall be considered to have been made at the time when he received notice of such amendment.
Payment of existing loans.
74.—Every loan owing by the Corporation which immediately before the appointed day is charged upon any of the rates abolished by this Act or upon any fund maintained out of the produce of any such rate shall, on and after the appointed day, become and be charged upon the municipal rate or the municipal fund respectively.
Power to borrow for certain purposes.
75.—(1) The Corporation may from time to time, with the consent of the Minister, borrow on the security of the municipal fund and of any revenues of the Corporation or on either such fund or revenues or any part of such revenues such sums as may be required for the following purposes or any of them, that is to say:—
(a) the repayment of all or any of the respective mortgage debts of any of the abolished bodies of which the Corporation is the successor or of any other mortgage debt the liability for which is transferred to the Corporation by or under this Act;
(b) the payment of any moneys properly chargeable to capital and payable by the Corporation by reason of any financial adjustment made under this Act.
(2) Moneys borrowed under this section shall be repaid within such period as the Minister shall sanction.
Decoration of the City.
76.—(1) The Council, by resolution passed under this section and for the passing of which not less than two-thirds of the members of the Council shall have voted, may authorise the expenditure by the Corporation of moneys on the decoration of the City for occasions of public rejoicing or for other appropriate occasions.
(2) Every resolution passed under this section shall specify the occasion for which the decoration of the City wholly or partly at the expense of the Corporation is to be authorised by such resolution and the amount which is to be expended by the Corporation on such decoration.
(3) Subject to the provisions of the next following sub-section the Corporation may expend moneys out of the Municipal Fund in accordance with and in so far as authorised by a resolution passed under this section but not otherwise.
(4) The aggregate amount of the expenditure of the Corporation for the purposes of this section in any local financial year shall not exceed a sum equivalent to a rate of one penny in the pound of the rateable valuation of the City.
Estimate of expenses and rates meeting.
77.—(1) The manager shall cause to be prepared in each local financial year at the prescribed time and in the prescribed form an estimate (in this section referred to as the estimate of expenses) showing the amounts which in his opinion will be necessary to meet the expenses and provide for the requirements of the Corporation during the local financial year then next ensuing.
(2) The estimate of expenses prepared in each year under this section shall be considered by the Council at a meeting thereof (in this section referred to as the rates meeting) at which the manager shall be present and which shall be held at the time prescribed by the Minister either generally or in regard to any particular year and of which not less than twenty-one days' notice in the prescribed form shall have been given by the town clerk to every member of the Council.
(3) Not less than twenty-one days before the day on which a rates meeting is to be held, the manager shall send to every member of the Council and shall deposit in the offices of the Corporation a copy of the estimate of expenses required by this section to be considered by the Council at such meeting, and the manager shall at the same time give notice in the prescribed manner and form of the fact that such estimate of expenses has been made and that a copy thereof has been so deposited.
(4) The copy of the estimate of expenses deposited under this section in the offices of the Corporation may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the manager shall supply to every person making application to him therefor a copy of such estimate of expenses at the price of one shilling per copy.
(5) At a rates meeting or any adjournment thereof under this section the Council may (subject to the subsequent provisions of this section) amend whether by addition, omission, or variation the estimate of expenses required by this section to be considered by them at such meeting, and the Council shall by resolution passed at such meeting or any such adjournment thereof adopt such estimate of expenses either with or without amendment and shall by the same or any subsequent resolution passed by them at such meeting or such adjournment thereof determine in accordance with such estimate as so adopted the rates in the pound to be levied for the several purposes specified in such estimate.
(6) Whenever at a rates meeting an amendment of the estimate of expenses considered at such meeting is proposed and the manager is of opinion that such amendment, if made, would seriously prejudice the efficient or economic performance of the duties of the Council, the manager shall at such meeting state his objection to such amendment and his reasons therefor, and thereupon the Council shall consider such objection and shall either decide at such meeting not to make such amendment or shall adjourn the further consideration of such amendment.
(7) When the further consideration of an amendment of an estimate of expenses is adjourned under the foregoing sub-section of this section, the rates meeting shall, after all business which can lawfully and conveniently be transacted thereat without adjournment is disposed of, be adjourned for not less than fourteen days and at such adjourned meeting the amendment or amendments which occasioned the adjournment (with or without any modification thereof) but no other amendment of the said estimate of expenses shall be considered and decided upon and the business of the rates meeting shall be completed.
Appointment of and reference to a joint committee of reference.
78.—(1) Whenever the City Council or the Borough Council considers that it is expedient that any particular matter relating to the administration of the City or the administration of the Borough or to the administration of both the City and the Borough should be referred to and discussed by a committee (in this section referred to as a joint committee of reference) appointed under this section, such Council may resolve that such matter shall be referred to such committee accordingly.
(2) A joint committee of reference shall consist of—
(a) such number (not exceeding three) of members of the City Council as shall be nominated for the purpose by that Council, and
(b) such number (not exceeding three) of members of the Borough Council as shall be nominated for the purpose by that Council.
(3) Whenever the City Council or the Borough Council resolves that a matter shall be referred to a joint committee of reference, the following things shall be done by the said Councils respectively, that is to say:—
(a) the Council by which such resolution was passed shall nominate such members of such committee as it is entitled and thinks fit to nominate, and
(b) the last-mentioned Council shall communicate such resolution and nomination to the other of the said Councils, and
(c) such other Council shall at the next meeting after such communication is received by it nominate such members of such committee as it is entitled and thinks fit to nominate.
(4) When the City Council or the Borough Council has resolved that a matter be referred to a joint committee of reference and the several things mentioned in the foregoing sub-section of this section have been done, such matter shall be deemed to have been duly referred to the joint committee of reference nominated in pursuance of that sub-section, and such committee shall, as soon as conveniently may be, meet and discuss such matter and report the result of such discussion to the said Councils respectively.
(5) All meetings of a joint committee of reference shall be held in the City Hall or other convenient place to be provided by the City Manager.
(6) It shall be the duty of the City Manager to provide from amongst the officers of the City Corporation all such secretarial assistance as may be required by any joint committee of reference.
(7) The City Manager and the Borough Manager respectively shall, whenever so required by a joint committee of reference, attend the meetings of such committee, and each of the said Managers shall be entitled to attend meetings of a joint committee of reference (whether he has or has not been required by such committee so to do) and to take part in the discussions at such meetings.
(8) All expenses (other than the provision of a place of meeting and secretarial assistance) incurred by a joint committee of reference shall be defrayed in the first instance by the City Corporation, and shall subsequently be apportioned between the City Corporation and the Borough Corporation in proportion to the rateable valuation of the City and the Borough respectively, and so much of such expenses as is so apportioned to the Borough Corporation shall be paid by that Corporation to the City Corporation on demand.
Deputy Manager.
79.—(1) If and whenever the manager is on vacation or is through illness, absence from the City or the Borough, or suspension from performance of his duties, temporarily incapable of exercising the powers and functions and performing the duties conferred and imposed on him by this Act, a deputy manager may be appointed under this section for the duration of such vacation or incapacity, but may with the consent of the Minister be removed under this section at any time during such vacation or incapacity.
(2) Where the manager is on vacation and also where the manager is so incapable as aforesaid and such incapacity is due to absence from the City or the Borough, the power of appointing the deputy manager under this section may be exercised by the manager, after consultation with the Lord Mayor or Chairman (as the case may be), before and in contemplation of such vacation or such incapacity (as the case may be), but in every other case, that is to say, where the manager is so incapable as aforesaid owing to illness or suspension and also where the manager is on vacation or is so incapable as aforesaid owing to absence from the City or Borough and a deputy manager is not appointed under this section before such vacation or incapacity or having been so appointed is removed under this section during such vacation or incapacity, the power of appointing the deputy manager under this section shall be exercisable at any time during such vacation or incapacity by the Lord Mayor or Chairman (as the case may be) only.
(3) In every case the power of removing the deputy manager under this section shall be exercisable by the Lord Mayor or Chairman (as the case may be) only.
(4) The deputy manager shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed under this section, have all the powers and shall exercise and perform all the functions and duties of the manager and for that purpose all references in this Act to the manager (other than the references to the manager in this section and the references in this Act to the appointment, tenure of office and remuneration of the manager) shall be construed as including the deputy manager.
(5) There shall be paid by the Corporation to the deputy manager such remuneration (if any) as the Council with the approval of the Minister shall determine.
Legal proceedings.
80.—In every action or other legal proceedings, whether civil or criminal, instituted in any court of law or equity by or against the Corporation the manager shall act for and on behalf of the Corporation and may do all such acts, matters, or things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or prosecutor or the defendant therein, and where any such action or other proceeding relates to the exercise or the performance by the Council of any of the reserved functions the manager shall in the doing of any such act, matter or thing as aforesaid act with the express authority of the Council, which authority shall be deemed to have been given unless and until the contrary is shown.
PART III.
Miscellaneous Provisions.
Election of county councillors to be held.
81.—(1) On the day of election there shall be a triennial election of members of the County Council.
(2) The triennial elections of members of the County Council shall, notwithstanding anything contained in the Local Government (Ireland) Act, 1919 or in the Local Elections Act, 1927 (No. 39 of 1927), be held in every third year after the year 1930, and in no other year.
(3) The following provisions shall have effect in relation to the election of members of the County Council held in the year 1930, that is to say:—
(a) for the purposes of such election the added urban districts and the added rural area shall be deemed not to form part of and not to be included in the County;
(b) as soon as may be after the passing of this Act and before the day of election, the Minister shall by order divide the County exclusive of the added urban districts and the added rural area into such number of county electoral areas as he shall think proper which shall, in relation to such election, be county electoral areas for the purposes of the Local Government (Ireland) Act, 1919;
(c) the Minister shall by his said order prescribe the number of members of the County Council to be elected for each county electoral area constituted by such order and shall so prescribe such number as to secure, so far as is practicable, that the number of members so assigned to each such area shall be such as to give equal representation upon the basis of population;
(d) every polling district existing at the passing of this Act which is wholly within a county electoral area prescribed by the said order shall be a polling district for the purposes of such election and every polling place so existing in any such polling district shall be a polling place for the purposes of such election;
(e) in the case of a polling district existing at the passing of this Act which is not wholly within any county electoral area prescribed by the said order, each part of such polling district wholly within any such county electoral area shall be a separate polling district for the purposes of such election, and the polling places in each such last-mentioned separate polling district at such election shall be such places (whether within or outside such district) as shall be appointed for the purpose by the returning officer at such election.
Abolition of rural district councils in the County.
82.—(1) Part I (except sections 7 and 8) of the Act of 1925 shall, notwithstanding anything contained in that Act, apply to and have effect in the County subject to the modifications that the fourteenth day after the day of election shall be substituted for the appointed day and the reference in section 6 of the said Act to the passing of that Act shall be construed as a reference to the passing of this present Act.
(2) By virtue of the said application of Part I of the Act of 1925 to the County, every rural district council whose functional area is within the County shall cease to exist on the fourteenth day after the day of election and all such consequences shall ensue from such cesser as are provided for in and by the said Part I.
Officers of rural district councils.
83.—(1) Every person who is, on the thirteenth day after the day of election, an officer of a rural district council whose functional area is in the County, shall, on the fourteenth day after the day of election, be transferred to the service and become and be an officer of either (as circumstances may require) the County Council or the Board of Health.
(2) The provisions contained in Part I of this Act in relation to officers transferred by the said Part I from the service of an abolished body to the service of the successor of such abolished body shall apply in respect of every officer transferred by this section from the service of a rural district council to the service of the County Council or the Board of Health, and for the purposes of and in relation to such application the following provisions shall have effect, that is to say:—
(a) every officer transferred by this section from the service of a rural district council to the service of either the County Council or the Board of Health shall be deemed to be a transferred officer, and
(b) a rural district council from whose service an officer is transferred by this section shall in relation to such officer be deemed to be the predecessor from whose service such officer was transferred, and
(c) in relation to an officer transferred by this section to the service of the County Council, the County Council shall be deemed to be the successor to whose service such officer was transferred, and
(d) in relation to an officer transferred by this section to the service of the Board of Health, the Board of Health shall be deemed to be the successor to whose service such officer was transferred, and
(e) the appointed day shall be deemed to be the fourteenth day after the day of election, and
(f) no officer transferred by this section shall be removed from office by the County Council or the Board of Health (as the case may be) under the said provisions applied by this sub-section without the sanction of the Minister.
(3) Every dispute or question as to whether an officer transferred by this section is so transferred to the service of the County Council or to the service of the Board of Health shall be determined by the Minister, whose decision shall be final.
Preservation of contracts of service with Rural District Councils.
84.—Every contract of service express or implied which is in force immediately before the fourteenth day after the day of election between a rural district council whose functional area is within the county and any person not being an officer of such rural district council shall continue in force on and after the fourteenth day after the day of election, but shall be construed and have effect as if the County Council or the Board of Health (as circumstances may require) were substituted therein for such rural district council, and such contract shall be enforceable against the County Council or the Board of Health accordingly
Application of the Acts of 1925 and 1927 to the County and the City.
85.—(1) Notwithstanding anything to the contrary contained in the Act of 1925 or the Act of 1927, those portions (including repeals) of the Act of 1925 (other than Part I thereof) and of the Act of 1927 which did not apply before the passing of this Act to the County or the City shall, with the exception of sub-section (2) of section 57 and section 82 of the Act of 1925, apply to and have effect in the County and the City with and subject to all such general modifications as may be necessary to enable such application to have effect and with and subject to the following particular modifications, that is to say:—
(a) the fourteenth day after the day which is the day of election for the purposes of this Act shall be substituted for the appointed day throughout the Act of 1925 and also for the 1st day of April, 1925, in Part III of that Act, and
(b) the fourteenth day after the day which is the day of election for the purposes of this Act shall be substituted throughout the Act of 1927 for the 1st day of April, 1927, except where that date occurs in the expression ‘the local financial year commencing on the 1st day of April, 1927,’ and
(c) the local financial year commencing next after the day which is the day of election for the purposes of this Act shall be substituted throughout the Act of 1927 for the local financial year commencing on the 1st day of April, 1927, and
(d) section 10 of the Act of 1927 shall apply to the Council of the County of Dublin, and
(e) every provision in either of the said Acts whereby the area of charge for any expenses is altered shall come into operation on the 1st day of April, 1931.
(2) On and after the fourteenth day after the day of election the secretary of the County Council shall act as and be the chief executive officer of the Board of Health.
Application of Local Elections Act, 1927.
86.—(1) Notwithstanding anything contained in section 4 of the Local Elections Act, 1927 (No. 39 of 1927), Part II of that Act (except sections 16 and 17) and also all rules made by the Minister under section 14 of that Act shall apply to the City Council and to the County Council, and to every local authority whose functional area is within the City or the County, but such application shall (except as regards the Commissioners of the town of Balbriggan) be subject to the provisions of this Act and to the following provisions, that is to say:—
(a) the members of the City Council and the members of the Borough Council who are elected to those Councils respectively at the elections held in the year 1930 shall come into office on the morning of the appointed day;
(b) section 14 of the said Act shall have effect in relation to the City Corporation and the County Council as if the rules made by the Minister under that section before the passing of this Act were made on the 1st day of April, 1931.
(2) No election of members of the council of the county borough of Dublin shall be held in pursuance of the Local Elections Postponement Act, 1925 (No. 42 of 1925), the Local Elections (Dissolved Authorities) Act, 1926 (No. 22 of 1926), or the Local Elections (Dublin) Act, 1929 (No. 3 of 1929), and in lieu thereof an election of members of the City Council shall be held on the day of election under and in accordance with this Act.
(3) No election of members of the County Council shall be held in pursuance of Part III of the Local Elections Act, 1927, as amended by the Local Elections (Dublin) Act, 1929, and in lieu thereof an election of members of the County Council shall be held on the day of election under and in accordance with this Act, and section 22 of the Local Elections Act, 1927, shall have effect in relation to the County Council as if the sixth day after the day of election were the prescribed date referred to in that section.
(4) No election of guardians of the poor of the Dublin Union shall be held in pursuance of the Local Elections Postponement Act, 1925, the Local Elections (Dissolved Authorities) Act, 1926, or the Local Elections (Dublin) Act 1929.
(5) No election of members of the council of an added urban district or the council of a coastal urban district shall be held in pursuance of Part III of the Local Elections Act, 1927 as amended by the Local Elections (Dublin) Act, 1929, and section 22 of the Local Elections Act, 1927 shall have effect in relation to all such councils as if the day before the appointed day were the prescribed date referred to in that section.
(6) No election of members of any rural district council whose functional area is within the County of Dublin nor of guardians of the poor of the Rathdown Union nor of guardians of the poor of the Balrothery Union shall be held in pursuance of Part III of the Local Elections Act, 1927 as amended by the Local Elections (Dublin) Act, 1929, and notwithstanding anything contained in section 22 of the Local Elections Act, 1927 the respective terms of office of every member, chairman and vice-chairman of any such rural district council or of the said guardians who is in office at the passing of this Act shall be extended to and shall expire on the fourteenth day after the day of election.
Amendment of Section 44 of the Act of 1925.
87.—In relation to an officer who ceases to hold his office by virtue of anything done by, under, or in pursuance of this Act, sub-section (3) of section 44 of the Act of 1925 shall, if and in so far as it applies to him, be construed and have effect as if the expression “one-fourth” were substituted therein for the expression “one-sixth” now contained therein.
Compensation of officers in certain cases.
88.—(1) Every person who is at the passing of this Act an officer in the service of a local body and, by reason of anything done by, under, or in pursuance of this Act, either—
(a) is removed from office or ceases to hold office by reason of the abolition of his office and is not entitled under any enactment other than this Act to compensation for such removal or cesser, or
(b) suffers pecuniary loss by reason of his salary or emoluments being reduced,
may be awarded and paid by the local body in whose service he is at the time of such removal, cesser or loss or, where that body is the Board of Health, by the County Council such compensation as is hereinafter mentioned for such removal, cesser or loss.
(2) The compensation which may be awarded and paid to an officer under this section shall be of such amount and be by way of annual allowance or gratuity as shall, with the sanction of the Minister, be agreed upon between such officer and the body by whom such compensation is payable, or (in default of such agreement and sanction) be fixed by the Minister, having regard to the following considerations, that is to say:—
(a) the conditions on which such officer was appointed to the service of the local body in whose service he was at the passing of this Act,
(b) the nature and duration of his employment in such service,
(c) in the case of an officer who does not devote his whole time to the duties of his office, the amount of time he devotes to such duties,
(d) in the case of a removal from office or ceasing to hold office by reason of the abolition of such office the amount of compensation which could be awarded to him if such compensation were calculated under section 44 of the Act of 1925, amended by the substitution, in sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”,
(e) in the case of a pecuniary loss, the amount of compensation which could be awarded to him if such compensation were calculated under section 56 of the Act of 1925, amended by the substitution, in paragraph (b) of sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth,”
(f) the probability (if any) of his having continued in office for a longer period or without suffering loss (as the case may require) if this Act had not been passed,
(g) any other circumstances affecting his case.
(3) The compensation awarded to a person under this section shall not exceed:—
(a) in the case of a removal from office, the maximum compensation which could be awarded to him if such compensation were calculated under section 44 of the Act of 1925, amended by the substitution, in sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”, and
(b) in the case of a pecuniary loss, the maximum compensation which could be awarded to him if such compensation were calculated under section 56 of the Act of 1925, amended by the substitution, in paragraph (b) of sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”.
Application of the School Attendance Act, 1926.
89.—(1) The several areas of the Blackrock Urban District, the Dun Laoghaire Urban District, the Rathmines and Rathgar Urban District, the Pembroke Urban District and the several school attendance areas subsisting at the passing of this Act in the City shall until the 1st day of April, 1931 continue to be and shall then cease to be school attendance areas within the meaning of the School Attendance Act, 1926 (No. 17 of 1926) and on and after the 1st day of April, 1931 the City and the Borough shall respectively become and be school attendance areas within the meaning of that Act.
(2) On and after the 1st day of April, 1931 the School Attendance Act, 1926 shall have effect in the City, the Borough, and the County as if the City and the Borough were mentioned in the Schedule to that Act and the County Borough of Dublin and the said four urban districts were omitted from the said Schedule.
(3) In the application of the School Attendance Act, 1926 to the City and the Borough, the 1st day of April, 1931 shall be deemed to have been prescribed by the Minister for Education under section 10 of that Act as the time for the commencement of the term of office of the successors in the City and the Borough respectively of the committees referred to in that section as the first school attendance committees.
(4) A division of the City (including the added rural area) and the Borough respectively into two or more school attendance areas under sub-section (1) of section 10 of the School Attendance Act, 1926, and the appointment of a school attendance committee under sub-section (3) of the said section 10 for any school attendance area co-terminous with or included in the City (including the added rural area) or the Borough may be made before the 1st day of April, 1931, to take effect on that day.
Provisions in regard to the register of electors.
90.—(1) In the register of electors for the county which came into force on the 1st day of June, 1930 the various portions of the added rural area shall be shown separately in the prescribed manner.
(2) The registration officer for the county shall, as soon as conveniently may be after the passing of this Act and before the day of election, so amend the said register of electors as to give effect to the foregoing sub-section of this section and the said register of electors as so amended shall for all purposes be the register of electors for the county in force until the 1st day of June, 1931.
Administration of Dublin Poor Law Union.
91.—(1) As soon as may be after the day of election the City Council and the County Council shall appoint for the purposes of this section a committee (to be known as the Dublin Union Committee) consisting of four persons appointed by the City Council and one person appointed by the County Council, and for the purpose of such appointment the office of City Manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Act of 1925.
(2) The Order dated the 21st day of November, 1923 and made under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), whereby the Board of Guardians of the Dublin Union was dissolved shall continue in force until the 31st day of March, 1932, and shall then cease to have effect, but immediately upon the completion of the appointment under this section of the said committee the persons then performing the duties of the said Board of Guardians (whether by virtue of an appointment under sub-section (3) of the said section 12 of the Local Government (Temporary Provisions) Act, 1923 or of an appointment under sub-section (3) of section 72 of the Act of 1925) shall by virtue of this sub-section become and be removed and the said committee shall by virtue of this section become and be appointed without remuneration in their place and the property, powers, and duties of the said Board of Guardians shall by virtue of this sub-section become and be transferred to the said committee and the said Order shall have effect as if such removal, appointment, and transfer had been made by the Minister under sub-section (3) of section 72 of the Act of 1925.
Administration of Rathdown Poor Law Union.
92.—(1) As soon as may be after the day of election the County Council shall appoint for the purposes of this section a committee (to be known as the Rathdown Union Committee) consisting of such number of persons as the said Council thinks proper.
(2) At the expiration of fourteen days after the day of election the Board of Guardians of the Rathdown Union shall by virtue of this section become and be dissolved and the property and the several powers and duties of the said Board of Guardians shall by virtue of this section become and be transferred to the said committee appointed under this section.
(3) Section 72 of the Act of 1925 shall apply in respect of the Rathdown Poor Law Union and the said Board of Guardians thereof and the property, powers and duties of the said Board as if the dissolution of the said Board and the transfer of the said property, powers and duties effected by virtue of this section had been effected by an order made by the Minister under the said section 72.
Administration of Balrothery Poor Law Union.
93.—(1) As soon as may be after the day of election the County Council shall appoint for the purposes of this section a committee (to be known as the Balrothery Union Committee) consisting of such number of persons as the said Council thinks proper.
(2) At the expiration of fourteen days after the day of election the Board of Guardians of the Balrothery Union shall by virtue of this section become and be dissolved and the property and the several powers and duties of the said Board of Guardians shall by virtue of this section become and be transferred to the said committee appointed under this section.
(3) Section 72 of the Act of 1925 shall apply in respect of the Balrothery Poor Law Union and the said Board of Guardians thereof and the property, powers and duties of the said Board as if the dissolution of the said Board and the transfer of the said property, powers and duties effected by virtue of this section had been effected by an order made by the Minister under the said section.
Amendment of county rates.
94.—(1) The Secretary of the County Council may from time to time amend any rate or assessment in any rate book kept by the County Council by inserting therein the name of any person who ought to have been rated or by striking out the name of any person who ought not to have been rated or by raising or reducing the sum at which a person has been rated or by making such other amendment therein as will make such rate or assessment conformable to the provisions of any Act for the time being in force in regard to the making of such rate or assessment.
(2) Every person aggrieved by any such alteration shall have the same right of appeal therefrom as he would have had if his name had been originally inserted in the said rate or assessment and no such alteration had been made therein, and as regards such person the rate shall be considered to have been made at the time when he received notice of such amendment.
Audit of Accounts.
95.—(1) So much of section 11 of the Local Government (Ireland) Act, 1871, as requires that the audit and examination of accounts mentioned in that section shall be made by the auditor of accounts relating to the relief of the poor for a particular union shall, on the passing of this Act, cease to have effect in the City and the County, and in lieu thereof it is hereby enacted that in the City and in the County every audit and examination of accounts in pursuance of the said section 11 shall be made by such auditor as the Minister shall direct.
(2) Section 64 of the Local Government (Ireland) Act, 1898, shall, on the passing of this Act, cease to have effect in the City and the County.
Water supply to the Borough.
96.—(1) Subject to the provisions of this section, every statute and every order made under statutory authority whereby, immediately before the appointed day, the City Corporation is required to supply water for use in the urban district of Dun Laoghaire, or whereby a price is fixed for such supply or whereby such price may be varied from time to time shall have effect, on and after the appointed day, with the substitution therein of the Borough and the Borough Corporation for the said urban district and the council thereof.
(2) Every provision contained in any statute or order whereby, immediately before the appointed day, the City Corporation is required to supply water for use in any of the coastal urban districts other than the urban district of Dun Laoghaire shall, save as hereinafter otherwise provided, cease to have effect on and after the appointed day.
(3) The delivery of a supply of water by the City Corporation to the Borough Corporation for use in the Borough in pursuance of this section shall be made separately at the several places at which the City Corporation is, immediately before the appointed day, required by law to deliver, water for use in the respective areas forming at the passing of this Act the coastal urban districts, but all water so delivered shall be deemed to be delivered for use in the Borough generally.
Maintenance of branch water pipes.
97.—The City Corporation and the Borough Corporation respectively may agree to do all or any of the following things, that is to say, to provide, lay down, renew or maintain the branch pipes or any particular part of the branch pipes by means of which a supply of water is conveyed from the main pipe to any hereditament or tenement in the City or the Borough (as the case may be).
Extension of Howth urban district.
98.—(1) The council of the urban district of Howth may at any time after the 1st day of April, 1931 apply to the Minister for an extension of the boundary of that urban district so as to include therein any portion of the County not then included therein.
(2) On receiving an application under the foregoing sub-section the Minister may, after holding a local inquiry into the subject-matter of such application and after considering any representations made to him by the County Council or the City Corporation, make a provisional order giving effect to the proposal contained in such application with such (if any) modifications as he may think proper to make therein or may refuse such application.
(3) A provisional order under this section shall not have effect unless or until confirmed by the Oireachtas.
(4) A provisional order under this section may contain such provisions as the Minister shall think proper in relation to the adjustment of property, rights and liabilities and the determination of financial and other matters between the council of the urban district of Howth and the County Council in consequence of such order.
Saving for fishing rights in the River Liffey.
99.—Nothing in this Act shall operate to affect any fishery or fishing right existing at the passing of this Act and situate in or exercisable in respect of any part of the River Liffey or the ownership of the soil of the bed of the said River Liffey.
Local inquiries.
100.—Whenever the Minister holds a local inquiry in pursuance of a direction or under an authority given by this Act, Article 32 of the Schedule to the Application of Enactments Order, 1898, shall apply in respect of such inquiry in like manner as it applies in respect of the inquiries mentioned in the said Article.
Appointment of tribunal to report on boundaries and joint public health services.
101.—(1) The Minister shall, on such two occasions as he shall think proper within the limits hereinafter mentioned and also on such and so many (if any) subsequent occasions as he shall think proper, appoint by order such number of such persons as he shall on each such occasion think fit to constitute and be a tribunal for the purposes of this section, and shall by each such order nominate one of the members of the tribunal thereby appointed to be the chairman of such tribunal and appoint such person as he thinks fit to act as secretary to such tribunal and appoint a convenient day, hour, and place for the first meeting of such tribunal.
(2) The first appointment of a tribunal under this section shall be made within five years after the passing of this Act and the second such appointment shall be made not less than three years after the appointment of the first such tribunal and not more than ten years after the passing of this Act.
(3) It shall be the duty of every tribunal appointed under this section to consider, make recommendations, and report to the Minister with all convenient speed whether any and, if any, what alterations are then necessary or desirable in the boundaries of the City and the County respectively and in the several local administrative areas within the County, and also whether any and, if any, what general adjustments of the financial relations of the City, the County, and the several local administrative areas within the County are then necessary or desirable, and also whether any and, if any, what arrangements are then necessary or desirable for the establishment of joint local government or public health services for the common benefit of any two or more of the following areas, that is to say, the City, the County, and the several local administrative areas within the County, and for the joint control of such services by the several local authorities having jurisdiction in the respective areas benefited by such services.
(4) Every report made by a tribunal appointed under this section shall be forthwith laid before each House of the Oireachtas by the Minister.
(5) A tribunal appointed under this section shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath or otherwise and for compelling the production of documents as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons signed by the chairman of the tribunal shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents.
(6) If any person—
(a) on being duly summoned as a witness before a tribunal appointed under this section makes default in attending, or
(b) being in attendance as a witness refuses to take an oath legally required by such tribunal to be taken, or to produce any document in his power or control legally required by such tribunal to be produced by him, or to answer any question to which such tribunal may legally require an answer, or
(c) does any other thing which would, if such tribunal were a Court of Justice having power to commit for contempt of Court, be contempt of such Court,
the chairman of such tribunal may certify the offence of that person under his hand to the High Court, and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court.
(7) A witness before a tribunal appointed under this section shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(8) The costs and expenses incurred by or in relation to a tribunal appointed under this section shall, to such amount as may be sanctioned by the Minister, be paid to the Minister by such of the following bodies, that is to say, the City Corporation, the County Council, and the several local authorities whose functional areas are within the County, as such tribunal shall direct, and the proportion of such costs and expenses so payable by any such body may be recovered from such body by the Minister as a civil debt.
Application and adaptation of enactments.
102.—(1) Every enactment (including local, personal, and private Acts) and every order in force at the passing of this Act in or in relation to the existing city or the county or either of the added urban districts or any of the coastal urban districts shall, on and after the passing of this Act but subject to any order made by the Minister under this section in respect of such enactment or order, be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Act.
(2) The Minister may by order do all or any of the following things, that is to say:—
(a) make such adaptations and modifications of and in any local, personal, or private Act or any order relating to the existing city or to either of the added urban districts or to any of the coastal urban districts and in force at the passing of this Act as appear to the Minister to be necessary or expedient for the purpose of carrying this Act into effect;
(b) apply to the whole of the City any local, personal, or private Act or any order relating to the existing city or any portion thereof, or to either of the added urban districts and in force at the passing of this Act;
(c) apply to the Borough any local, personal, or private Act or any order relating to any of the coastal urban districts and in force at the passing of this Act.
(3) The Minister may by order make, in or of any Act (including Acts passed after the passing of this Act but before the 1st day of April, 1931) or any order made under statutory authority relating generally to boroughs, county boroughs, or urban districts or the councils of boroughs, county boroughs, or urban districts, all such adaptations and modifications in respect of the application of such Act or order in or in relation to the City and the Borough or either of them or the City Corporation, the City Council, the Borough Corporation, and the Borough Council or any of them as appear to the Minister to be necessary or expedient for the purpose of carrying this Act into effect.
(4) Every order made by the Minister under 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 House of the Oireachtas 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.
Redundant Private Acts and orders.
103.—(1) Where it appears to the Minister that any local personal, or private Act or any order relating to the existing City or to either of the added urban districts and in force at the passing of this Act contains provisions which are inconsistent with or rendered unnecessary by or adequately replaced by provisions made by or under this Act, the Minister may by order declare that such provisions of such Act or order shall not apply in or in relation to the City, and upon such order being made the provisions specified therein of such Act or order shall not apply in on in relation to the City.
(2) Where it appears to the Minister that any local, personal or private Act or any order relating to any of the coastal urban districts and in force at the passing of this Act contains provisions which are inconsistent with or rendered unnecessary by or adequately replaced by provisions made by or under this Act, the Minister may by order declare that such provisions of such Act or order shall not apply in or in relation to the Borough, and upon such order being made the provisions specified therein of such Act or order shall not apply in or in relation to the Borough.
(3) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.
The day of election and the appointed day.
104.—(1) The Minister may by order fix a day not being later than the 1st day of October, 1930, to be the day of election for the purposes of this Act.
(2) The Minister may by order appoint a day in the year 1930 and subsequent to the day of election to be the appointed day for the purposes of this Act.
Repeals.
105.—The enactments mentioned in the Third Schedule to this Act are hereby repealed as on and from the fourteenth day after the day of election to the extent specified in the third column of the said Schedule.
Short title.
106.—This Act may be cited as the Local Government (Dublin) Act, 1930.
FIRST SCHEDULE.
ADDED RURAL AREA.
PART I.
Complete Townlands.
NORTH DUBLIN RURAL DISTRICT.
Name of Townland. | District Electoral Division in which situate. | ||
Bettyville | Howth Rural | ||
Botanic Garden | Glasnevin Rural | ||
Cabragh | Finglas | ||
Castleknock | Castleknock | ||
Chapelizod | Castleknock | ||
Charleville | Howth Rural | ||
Clonturk | Drumcondra Rural | ||
Foxlands | Howth Rural | ||
Furrypark | Drumcondra Rural | ||
Hampstead Hill | Drumcondra Rural | ||
Hampstead South | Drumcondra Rural | ||
Killester North | Drumcondra Rural | ||
Maryville | Howth Rural | ||
North Bull | Drumcondra Rural | ||
North Bull | Howth Rural | ||
Puckstown | Drumcondra Rural | ||
Raheny, North | Howth Rural | ||
Raheny, South | Howth Rural | ||
St. James | Castleknock | ||
Sibylhill | Drumcondra Rural | ||
Tolka Park | Glasnevin Rural | ||
Violet Hill Great | Glasnevin Rural | ||
Violet Hill Little | Glasnevin Rural |
SOUTH DUBLIN RURAL DISTRICT.
Annefield | Donnybrook | ||
Clonskeagh | Donnybrook | ||
Kimmage (parish of Crumlin) | Terenure | ||
Larkfield | Terenure | ||
Newtown Little | Rathfarnham | ||
Priesthouse | Donnybrook | ||
Saint Laurence | Palmerston | ||
Simmonscourt | Donnybrook | ||
Stannaway | Terenure | ||
Terenure | Terenure | ||
Tonguefield | Terenure |
PART II.
Portions of Townlands.
The portion of the Townland of Cabragh in the District Electoral Division of Castleknock and Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Cabragh and Castleknock in the District Electoral Division of Castleknock at the centre of Blackhorse Lane opposite the turnstile adjoining the licensed premises known as the “Hole in the Wall,” 1,000 yards south-east of the Ashtown Gate of the Phoenix Park, proceeding in a northerly direction along the eastern boundary of the lands attached to St. Vincent's Home to the southern fence of the Cabragh Road, thence across said road and northwards for 150 yards along the eastern boundary of the holding rated in the name of Sarah Donnelly, thence south-easterly along fence for 280 yards, southerly along fence for 40 yards, south-easterly along fence for 500 yards, north-easterly along fence for 120 yards, south-easterly along fence for 90 yards and north-easterly along fence for 230 yards to the avenue leading to the Dominican Convent School, thence easterly for 175 yards to the centre of the public road leading to Pelletstown and meeting the townland boundary of the Townland of Cabragh, in the District Electoral Division of Castleknock, thence south-easterly, south-westerly and north-westerly along said townland boundary to the starting point.
The portion of the Townland of Grangegorman North in the District Electoral Division of Glasnevin Rural and Rural District of North Dublin which is situate without the Existing City.
The portion of the Townland of Killester Demesne in the District Electoral Division of Drumcondra Rural and Rural District of North Dublin which is situate without the Existing City.
The portions of the Townlands of Prospect and Slutsend or West Farm in the District Electoral Division of Glasnevin Rural and Rural District of North Dublin which are situate without the Existing City.
The portion of the Townland of Crumlin in the District Electoral Division of Terenure and Rural District of South Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townland of Crumlin and the Townland of Wilkinstown in the centre of the Drimnagh Road 416 yards from the nearest corner of the licensed premises known as the Halfway House, proceeding thence eastwards for 415 yards along the centre of the Drimnagh Road to a point on the south fence of the Crumlin Road 36 yards north-east of the entrance of the Recreation Ground of the Imperial Tobacco Company, Limited, thence in a south-easterly direction for 120 yards along the fence intersecting the grounds of Prospect House, thence in a north-easterly direction for 63 yards along the fence dividing the Recreation Ground from the grounds of Prospect House, thence in a south-easterly direction for 10 yards and in an easterly direction for 313 yards along the southern boundary of the holding occupied by Anne Murphy to the centre of Windmill Lane, thence along the centre of Windmill Lane to the boundary between the Townlands of Crumlin and Stannaway, thence along the townland boundary of Crumlin in a general direction easterly, northerly, westerly, and southerly to the starting point.
The portion of the Townland of Rathfarnham in the District Electoral Division of Rathfarnham and Rural District of South Dublin bounded as follows, that is to say:—
Starting on the eastern boundary of the Townland of Rathfarnham, 560 yards north of the Townland of Harold's Grange, at the point where the laneway crosses the stream, proceeding along the southern fence of said laneway in a north-westerly direction for 430 yards, thence in a south-westerly direction for 270 yards along the eastern fence of the laneway adjoining the eastern side of Loretto Convent grounds, thence in a south-easterly direction for 40 yards to the southern fence of laneway leading to Grange Road, thence in a westerly direction along southern fence of said laneway for 140 yards, thence westerly along the southern boundaries of the garden occupied by the Superioress of Loretto Abbey and of the premises known as Abbey View Cottage and Washington Lodge to a point in the centre of the Grange Road, thence southerly along the centre of said road for 170 yards, thence westerly in a straight line along the southern boundary of the land occupied by the South Dublin Rural District Council's cottages and plots across the Whitechurch Road and across the holding of Percy Carey to the townland boundary of the Townland of Rathfarnham, thence northerly, easterly, southerly along the said townland boundary to the starting point.
The portion of the Townland of Ringsend in the District Electoral Division of Donnybrook and Rural District of South Dublin which is situate without the Urban District of Pembroke.
That portion of the Townland of Harmonstown in the District Electoral Division of Drumcondra Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Furrypark and Harmonstown, in the District Electoral Division of Drumcondra Rural, where the said boundary intersects the north-western fence of the Great Northern Railway, proceeding in a north-easterly direction along the said fence for a distance of 653 yards to the intersection of the said fence with the boundary between the Townlands of Harmonstown, in the District Electoral Division of Drumcondra Rural, and Glebe, in the District Electoral Division of Howth Rural, thence south-easterly, southerly, south-easterly, south-westerly, westerly, north-westerly, south-westerly and northerly along the boundary of the said Townland of Harmonstown to the starting point.
That portion of the Townland of Glebe in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townland of Harmonstown, in the District Electoral Division of Drumcondra Rural, and the Townland of Glebe, in the District Electoral Division of Howth Rural, where the said boundary intersects the north-western fence of the Great Northern Railway, proceeding in a north-easterly direction along the said fence for a distance of 370 yards to the intersection of the said fence with the boundary between the Townlands of Glebe and Ballyhoy, in the District Electoral Division of Howth Rural, thence south-easterly, southerly, south-westerly, north-westerly, northerly, and north-westerly along the boundary of the said Townland of Glebe to the starting point.
That portion of the Townland of Ballyhoy in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Glebe and Ballyhoy in the District Electoral Division of Howth Rural where the said boundary intersects the northern fence of the Great Northern Railway, proceeding in a north-easterly direction along the said fence for a distance of 532 yards to the intersection of the said fence with the boundary between the Townlands of Ballyhoy and Raheny South, in the District Electoral Division of Howth Rural, thence south-easterly, south-westerly, northerly, and north-westerly along the boundary of the said Townland of Ballyhoy to the starting point.
That portion of the Townland of Edenmore in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Edenmore on one side and Ballyhoy and Raheny South on the other side where the said boundary intersects the northern fence of the Great Northern Railway, proceeding in an easterly direction along the said fence for a distance of 225 yards to the intersection of the said fence with the boundary between the Townlands of Edenmore and Raheny North, thence southerly, westerly, and northwesterly along the boundary of the said Townland of Edenmore to the starting point.
That portion of the Townland of Kilbarrack Upper in the District Electoral Division of Howth Rural and the Rural District of North Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between Raheny North and Kilbarrack Upper, in the District Electoral Division of Howth Rural, where the said boundary touches the Townland of Foxlands in the District Electoral Division of Howth Rural, and proceeding in a northerly direction along the said boundary for a distance of 433 yards, and continuing in the same direction for a distance of 158 yards along the western boundary of the Holding now occupied by William Cullen, thence easterly, for a distance of 476 yards and north-easterly for a distance of 483 yards along the northern boundary of the Holding occupied by the said William Cullen to the centre of Kilbarrack Lane, thence along the centre of the said Lane for a distance of 76 yards to the boundary between the said Townland of Kilbarrack Upper and the Urban District of Howth, thence south-easterly, south-westerly, north-westerly along the boundary of the said Townland of Kilbarrack Upper to the starting point.
That portion of the Townland of Kimmage (parish of Rathfarnham) in the District Electoral Division of Terenure and the Rural District of South Dublin bounded as follows, that is to say:—
Starting at a point on the boundary between the Townlands of Terenure and Kimmage (parish of Rathfarnham) in the District Electoral Division of Terenure, at the centre of the road 215 yards south-west of Kimmage Cross Roads, proceeding in a northerly direction along the centre of the laneway which opens to the said road at the said point for a distance of 65 yards, thence in a north-easterly direction along the centre of the said laneway for a further distance of 60 yards to the centre line of the bridge over the Corporation Mill Stream where it joins the Townland boundary of the Townland of Kimmage (parish of Crumlin), thence easterly and north-easterly along the said Townland boundary to the junction of the Townland of Larkfield, thence northerly, southerly and westerly along the Townland boundary of Kimmage (parish of Rathfarnham) to the starting point.
That portion of the Townland of Artaine South in the District Electoral Division of Drumcondra Rural and the Rural District of North Dublin which lies to the South of the road from Donnycarney Bridge to Puckstown.
PART III.
Other Land.
All land lying between the boundary of the Existing City (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the Existing City and high water mark.
All land lying between the boundary of the urban district of Pembroke (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the urban district of Pembroke and high water mark.
All land lying between the boundary of the townlands and parts of townlands mentioned in Parts I and II of this Schedule (where that boundary is or coincides with high water mark) and low water mark and also all land which is enclosed between the boundary of the said townlands and parts of townlands and high water mark.
SECOND SCHEDULE.
Proportionate Reductions of Valuations.
Proportion of the valuation on which hereditament or tenement is to be assessed. | Nature of the hereditament or tenement. |
½ | Agricultural land used solely for one or more of the following purposes, that is to say:—as arable, meadow or pasture ground or as woodlands, or market gardens, or nursery grounds. |
⅖ | Lands covered with water and used as a canal and any towing path to the same. |
⅖ | Lands used as a railway constructed under statutory powers for public convenience. |
| The hereditaments and tenements Occupied by the Governing Body of the University of Dublin and the Governing Body of Trinity College, Dublin, or either of them. |
| The hereditaments and tenements occupied by the Governing Body of the National University of Ireland and the Governing Body of University College, Dublin, or either of them. |
| The premises in St. Stephen's Green and York Street, Dublin, now occupied by the Royal College of Surgeons in Ireland, so long as those premises continue to be occupied for the purposes of that College, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said College in substitution for the said premises in St. Stephen's Green and York Street. |
| The premises in Kildare Street, Dublin, now occupied by the Royal College of Physicians of Ireland, so long as those premises continue to be occupied for the purposes of that College, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said College in substitution for the said premises in Kildare Street. |
⅗ | The premises in Henrietta Street, Dublin, now occupied by the Honorable Society of the King's Inns, Dublin, so long as those premises continue to be occupied for the purposes of that Society, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said Society in substitution for the said premises in Henrietta Street. |
| The premises in Bow Lane, West James's Street, Dublin, now occupied by St. Patrick's Hospital, so long as those premises continue to be occupied for the purposes of that Hospital, and also all other premises which shall hereafter be occupied for the purposes of the said Hospital in substitution for the said premises in Bow Lane. |
⅗ | The premises in Burgh Quay, Dublin, now occupied by the Corn Exchange Buildings Company, so long as those premises continue to be occupied for the purposes of that Company, and also all other premises which shall hereafter be occupied from time to time for the purposes of the said Company in substitution for the said premises in Burgh Quay. |
| All premises for the time being in the occupation of the Dublin Port and Docks Board. |
| Every half-rent rateable to the poor-rate under section 63 of the Poor Relief (Ireland) Act, 1838, and the enactments amending the same. |
| Premises which are not supplied by the City Corporation with water for domestic purposes. |
THIRD SCHEDULE.
Enactments Repealed.
Session and Chapter. | Short title. | Extent of Repeal. |
7 & 8 Vic. c. 106. | The County Dublin Grand Jury Act, 1844 | In section 22, the words from “not exceeding one pound” to “depot”; sections 53, 55 and 56; in section 57 the words from “it shall be lawful” to the words “provided always that”; sections 58, 85 and 136. |