(a) that canal undertaker shall publish the said proposal in such manner as the Minister may direct; (b) the Minister, if he thinks fit, may refer the said proposal to the Advisory Committee for their report and advice thereon; (c) the Minister, after consideration of the said proposal, any representations made by interested persons and, in case the said proposal has been referred to the Advisory Committee their report and advice, shall determine the classification of merchandise applicable to that undertaker for the said purpose.
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(2)The revised classification of merchandise applicable to a canal undertaker shall not come into operation until the revised schedule of maximum canal charges of that canal undertaker has come into operation.
\n
Revised schedule of maximum canal charges of a canal undertaker.
\n
97.—(1) At any time after the revised canal classification of merchandise applicable to a canal undertaker has been settled by the Minister, that canal undertaker may and, if required by the Minister, shall, within such time as the Minister may appoint, submit to the Minister a revised schedule, drawn up in such manner as the Minister may direct, of the maximum rates, tolls and charges proposed to be made by that canal undertaker and thereupon the following provisions shall have effect— (a) that canal undertaker shall publish the said schedule in such manner as the Minister may direct; (b) the Minister, if he thinks fit, may refer the said schedule to the Advisory Committee for their report and advice thereon; (c) the Minister, after consideration of the said schedule, any representations made by interested persons and, in case the said schedule has been referred to the Advisory Committee, their report and advice, shall settle the said schedule and fix the date on which it is to come into force.
\n
(2)As on and from the date on which the revised schedule of maximum canal charges applicable to a canal undertaker comes into operation, the charges appearing therein shall, subject to any alterations made by the Minister under this Chapter, be the maximum charges which that canal undertaker shall be entitled to make for all services in respect of which the said charges are fixed.
\n
Alteration of canal classification of merchandise applicable to a canal undertaker.
\n
98.—(1) Where an application, in the prescribed form and containing the prescribed particulars, is made, by any canal undertaker or by any body of traders using the canal of that canal undertaker, to the Minister for an order altering the canal classification of merchandise for the time being applicable to that canal undertaker, the Minister, if he thinks fit, may subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the said classification as he thinks fit.
\n
(2)In this section the word “altering” in relation to the canal classification of merchandise for the time being applicable to a canal undertaker includes altering the classification of any article and classifying any article not for the time being classified, and the word “alterations” shall be construed accordingly.
\n
Alteration of maximum canal charges.
\n
99.—Where an application, in the prescribed form and containing the prescribed particulars, is made, by any canal undertaker or body of traders using the canal of that canal undertaker, to the Minister for an order altering the maximum charges for the time being chargeable by that canal undertaker in respect of the canal of that undertaker on the ground that having regard to cost of labour or materials or other circumstances affecting the said undertaking the charges charged by the undertaker are insufficient or excessive, the Minister, if he thinks fit, may, subject to the provisions of the Seventh Schedule to this Act, by order make such alterations of the maximum charges as he thinks fit and shall fix the date on which the amended maximum charges are to come into operation.
\n
Charges for fractions of a penny.
\n
100.—If any charge made by a canal undertaker in respect of the canal of that undertaker includes a fraction of a penny, the fraction if less than one half-penny shall not be charged or, if it amounts to one half-penny or more, it may be charged as one penny.
\n
Repeal of existing provisions in relation to charges by canal undertakers.
\n
101.—As from the establishment date all statutory provisions in force immediately before the establishment date with respect to the fixing or alteration of charges chargeable by a canal undertaker in respect of the canal of that undertaker shall be repealed.
\n
Chapter VII.
\n
Supplemental Provisions.
\n
Agreed charges by transport undertakers for the carriage of merchandise.
\n
102.—(1) Where— (a) a transport undertaker agrees with a trader for the carriage of any of his merchandise at certain rates and subject to certain conditions (which said rates and conditions are in this section referred to as agreed charges), and (b) the agreed charges are, on the application of the transport undertaker, approved by the Minister under this section, then, so long as the agreed charges are operative, the transport undertaker may, notwithstanding anything contained in the preceding Chapters of this Part or in any other enactment, make as respect the trader the agreed charges.
\n
(2)The following provisions shall apply in relation to an application to the Minister for his approval of agreed charges, that is to say:— (a) the application shall contain particulars of the agreed charges, (b) the applicant shall publish, in accordance with the directions of the Minister, notice of the application and particulars as to the time and manner in which objections may be made to the Minister in respect of the application by any traders who consider that their businesses will be detrimentally affected if the Minister approves of the agreed charges and the agreed charges are made, (c) the Minister may, if he thinks fit, refer the application to the Advisory Committee for their report, (d) the Minister, after consideration of the application, any objections duly made in relation to the application, and, in case he has referred the application to the Advisory Committee, their report and advice, may, subject to paragraph (e) of this subsection, approve or refuse to approve of the agreed charges, (e) the Minister shall not approve of the agreed charges unless he is satisfied that they represent a reasonable commutation of the rates and charges otherwise ordinarily applicable to the applicant's carryings of the merchandise of the trader concerned.
\n
(3)Where the Minister approves of agreed charges he shall fix the date on which they are to come into operation and the period for which they are to remain in operation, and the agreed charges shall come into operation accordingly and shall remain in operation only for the period so fixed unless continued for any further period or periods by the Minister who is hereby authorised in that behalf.
\n
(4)Where agreed charges as between a transport undertaker and a trader have been approved by the Minister, the Minister may, on his own initiative or on the application made, within twelve months after such approval, by any other trader who satisfies the Minister that the applicant's business has been detrimentally affected by the agreed charges and after considering any representations made by the transport undertaker and, in case he has referred (which he is hereby authorised to do) the application to the Advisory Committee, their report and advice, by order fix on the same basis as the agreed charges the charges (including the conditions to be attached thereto) to be made by the transport undertaker for the carriage of such merchandise of the applicant as the Minister may determine, and shall by the order fix the period (which shall not exceed that for which the agreed charges are to remain in operation) during which the order is to remain in operation, and such order shall authorise, notwithstanding anything contained in the previous Chapters of this Part or in any other enactment, and oblige the transport undertaker to make while the order is in force charges for the carriage of merchandise of the applicant in accordance with the terms of the order.
\n
(5)The transport undertaker concerned shall cause particulars of any agreed charges or charges fixed by order under subsection (4) of this section to be available for public inspection at the head office of the transport undertaker and such other places as the Minister may require.
\n
(6)If a transport undertaker fails to comply with subsection (5) of this section the transport undertaker shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for every day on which the offence is continued.
\n
(7)In this section the expression “transport undertaker” means any body being— (a) a railway company, (b) the Company, or (c) a canal undertaker.
\n
Publication of railway classification of merchandise, etc. by the Company.
\n
103.—(1) Printed copies of the railway classification of merchandise applicable to the Company, the schedules of maximum charges for the carriage of merchandise by rail applicable to the Company and (when settled by the Minister) the schedule of maximum charges for the carriage of merchandise by road applicable to the Company shall be kept for sale by the Company at such places and at such prices as the Minister may direct.
\n
(2)The Company shall keep for public inspection, at each depôt owned by it at which it receives merchandise for carriage either by rail or by road, a copy of the railway classification of merchandise applicable to the Company and a book or books stating— (a) the chargeable distance by rail, by road, or by rail and road from that depôt to every place to which the Company books, (b) the schedules of the maximum charges for the carriage of merchandise by rail applicable to the Company, (c) when made, the schedule of the maximum charges for the carriage of merchandise by road applicable to the Company, (d) the actual charges for the time being in force for the carriage of merchandise from that depôt by rail, by road or by rail and road, (e) any charges in force for the collection and delivery of merchandise at that depôt.
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(3)The Company shall keep at its principal office for public inspection a book or books stating the chargeable distance by rail, by road or by rail and road and the actual charges for the time being in force for the carriage of merchandise by rail, by road or by rail and road from each depôt owned by it at which merchandise is received for carriage either by rail or road.
\n
(4)The copy of the railway classification of merchandise applicable to the Company and the book or books required to be kept by subsections (2) and (3) of this section shall, during all reasonable hours, be open to inspection by any person without the payment of any fee.
\n
(5)If the Company fails to comply with any of the provisions of this section, the Company shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for each day on which the offence is continued.
\n
Publication of schedule of charges of merchandise by road applicable to statutory carriers other than the Company.
\n
104.—(1) Whenever the Minister has settled or altered a schedule of charges for the carriage of merchandise by road applicable to a statutory carrier (other than the Company) the following provisions shall have effect:— (a) that carrier shall cause such schedule (as so settled or altered) to be published in the prescribed manner; (b) that carrier shall, upon payment of the prescribed fee, deliver to any person who applies therefor at the prescribed place a copy of such schedule.
\n
(2)If any statutory carrier (other than the Company) fails to comply with the provisions of this section, that carrier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
\n
PART V.
\n
Abolition of the Railway Tribunal and Transfer of Certain of its Jurisdictions to the High Court.
\n
Abolition of railway tribunal.
\n
105.—On the establishment date the railway tribunal shall be abolished.
\n
Transfer of certain jurisdictions of the railway tribunal to the High Court.
\n
106.—(1) On the establishment date there shall be transferred to and vested in the High Court the several jurisdictions which, immediately before the establishment date, were vested in or capable of being exercised by the railway tribunal— (a) by virtue of section 23 of the Railways Act, 1924 (No. 29 of 1924), or (b) by virtue of section 58 of the Railways Act, 1924 (No. 29 of 1924), or (c) by virtue of section 30 of the Road Transport Act, 1932 (No. 2 of 1932).
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(2)Any proceedings, which are pending before the railway tribunal immediately before the establishment date and which relate to matters in respect of which jurisdiction is, by virtue of subsection (1) of this section, to be exercised, on and after the establishment date, by the High Court, may, upon the application to the High Court of either party, be transferred to the High Court and may thereupon be continued and concluded in all respects as if those proceedings had been originally instituted before the High Court.
\n
(3)On and after the establishment date, every mention or reference contained, by virtue of the adaptation effected by subsection (2) of section 23 of the Railways Act, 1924 , in any British statute of or to the railway tribunal shall, so far as relates to the jurisdiction vested in the railway tribunal by the said section 23 and transferred to the High Court by this section, be construed and have effect as a mention of or a reference to the High Court.
\n
(4)The reference in subsection (5) of section 58 of the Railways Act, 1924 , and in section 30 of the Road Transport Act, 1932 , to the railway tribunal shall, on and after the establishment date, be construed and take effect as a reference to the High Court.
\n
Exercise of jurisdiction of the High Court.
\n
107.—(1) The jurisdiction exercisable by the High Court by virtue of this Act shall be exercised by a judge of the High Court nominated by the President of the High Court for the purpose.
\n
(2)Until rules of court are made regulating the practice and procedure of the High Court in relation to the jurisdiction exercisable by it by virtue of this Act, the said practice and procedure shall be regulated, as nearly as may be, by the rules regulating the practice and procedure of the railway tribunal in relation to the like jurisdiction exercisable by the railway tribunal immediately before the establishment date.
\n
Assessors to aid the High Court.
\n
108.—(1) For the purposes of this section the Minister shall maintain— (a) a panel (in this section referred to as the “A” panel of assessors) consisting of such number of persons (being persons who are, in the opinion of the Minister, experienced in commercial and industrial affairs) as the Minister thinks fit, and (b) a panel (in this section referred to as the “B” panel of assessors) consisting of such numbers of persons (being persons who are, in the opinion of the Minister, experienced in transport affairs) as the Minister thinks fit.
\n
(2)Every member of the “A” panel of assessors and the “B” panel of assessors shall be appointed by the Minister and shall hold office for a term of three years from the date of his appointment and shall be eligible for re-appointment at the expiration of any such term of office.
\n
(3)Whenever the High Court in any matter in respect of which it has jurisdiction under this Act requests the Minister to nominate two assessors to aid the High Court in the matter, the Minister shall nominate two persons (one of whom shall be selected from the “A” panel of assessors and the other from the “B” panel of assessors) to act as such assessors and the persons so nominated shall act as assessors in the matter.
\n
(4)The remuneration of any person acting as assessor in any matter under this section shall be determined by the High Court and shall, as the High Court may direct, be paid by such party to the matter as the High Court may direct or by each of the parties to the matter in such shares as the High Court thinks proper.
\n
Right of Minister for Agriculture to appear before the High Court.
\n
109.—(1) The Minister for Agriculture, after consultation with the Minister, may take such steps as he thinks proper for appearing as complainant on behalf of any person aggrieved in reference to any matter (other than a matter affecting the Minister for Posts and Telegraphs) which the High Court has, by virtue of this Act, jurisdiction to hear and determine.
\n
(2)In addition to the powers conferred on the Minister for Agriculture by subsection (1) of this section and without prejudice to the exercise of such powers, the said Minister shall have the right of audience before the High Court in relation to any matter which the High Court has, by virtue of this Act, jurisdiction to hear and determine.
\n
PART VI.
\n
Abandonment of Railway Lines.
\n
Abandonment of a railway line.
\n
110.—(1) Where an order has been made by the Minister under section 9 of the Railways Act, 1933 (No. 9 of 1933), authorising a railway company to terminate wholly a service of trains run over any specified railway line owned or operated by that company, the Minister may by order (in this section referred to as an abandonment order), made on the application of that company, authorise that company to abandon the said railway line.
\n
(2)Every abandonment order shall specify the date on which it is to come into force and the date to be so specified shall not be earlier than twenty-eight days after the date on which the order is made.
\n
(3)Where an abandonment order in relation to any railway line is made, the railway company by which the said railway line is owned or was operated shall publish a copy of the order in the Iris Oifigiúil and in such other newspapers as the Minister may direct and shall serve a copy of the order on every local authority within whose functional area the railway line is situate.
\n
(4)Where an abandonment order has been made in relation to a railway line owned or operated by a railway company, the following provisions shall have effect, that is to say:— (a) where the railway line has been carried over a public road by means of a bridge which the railway company were, immediately before the date (in this subsection referred to as the operative date) on which the order comes into force, under a liability to maintain— (i) the Minister shall appoint a date (in this paragraph referred to as the appointed date) for the purposes of this paragraph, (ii) the railway company and the local authority, charged, under section 24 of the Local Government Act, 1925 (No. 5 of 1925), with the maintenance of the public road, may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the railway company to maintain the bridge shall cease upon the execution of the agreement, (iii) if no such agreement is so executed, but the railway company remove the superstructure of the bridge before the appointed date, then— (I) the liability of the railway company to maintain the bridge shall cease as on and from the date of removal, and (II) the local authority shall, as on and from the date of removal, be liable to maintain so much of the bridge as remains after the removal of the superstructure, and (III) the railway company shall pay to the local authority compensation for any expenses which the local authority may incur by reason of the liability so imposed on them, (iv) if no such agreement is so executed or if the superstructure of the bridge is not so removed, then— (I) the liability of the railway company to maintain the bridge shall cease on the appointed date, and (II) the local authority shall, as on and from the appointed date, be liable to maintain the bridge, and (III) the railway company shall pay to the local authority compensation for any expenses which the local authority may incur by reason of the liability so imposed on them; (b) where a public road has been carried over the railway line by means of a bridge which the railway company were, immediately before the operative date, under a liability to maintain—
\n
(i) the Minister shall appoint a date (in this paragraph referred to as the appointed date) for the purposes of this paragraph, (ii) the railway company and the local authority, charged, under the said section 24 of the said Local Government Act, 1925 , with the maintenance of the public road, may, before the appointed date, enter into an agreement for the removal or other method of dealing with the bridge (including, if necessary, either the restoration of the public road to like or other equally convenient state as it was in before it was interfered with by the makers of the railway line or the diversion of the public road) upon such terms and conditions as the parties thereto think fit, and, in that case, the liability (except such (if any) as may be imposed by the agreement) of the railway company to maintain the bridge shall cease upon the execution of the agreement, (iii) if no such agreement is so executed, then— (I) the liability of the railway company to maintain the bridge shall cease on the appointed date, and (II) as on and from the appointed date, the local authority shall be liable to maintain the bridge, and (III) the railway company shall pay to the local authority compensation for any expenses which the local authority may incur by reason of the liability so imposed on them; (c) if the railway line crosses on the level any public road, the railway company shall, not later than such date as the Minister may fix, remove the rails and do all such other things as may be necessary to render that part of the said public road on which the railway line crossed fit and safe for use by the public, and thereupon the liability of the railway company to maintain the said part in repair shall cease; (d) the liability, imposed on the railway company by section 68 of the Railways Clauses Act, 1845, to maintain any works (other than bridges over or under the railway line) of the kind mentioned in the said section 68 made, in pursuance of that section, for the accommodation of owners and occupiers of land adjoining the railway line shall as from the operative date cease, but the railway company shall pay to any owner or occupier of land adjoining the railway line for the accommodation of which any such works were made in pursuance of the said section 68 and which the railway company were immediately before the operative date liable to maintain, compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the railway company to maintain those works;
\n
(e) where any bridge (being a bridge which the railway company were immediately before the operative date liable to maintain) was, in pursuance of section 68 of the said Railway Clauses Act, 1845, made over or under the railway line for accommodation of owners and occupiers of land adjoining the railway line— (i) if the railway company, before such date as the Minister may fix for the purpose, do the following works, namely, replace the said bridge by a crossing on the level over the site of the abandoned railway and render the said crossing fit and safe for use, then, as from the completion of the said works, the liability of the railway company shall cease and they shall not be under any obligation to maintain the said crossing in repair, (ii) if the railway company do not before the said date do the said works— (I) the railway company shall as on and from the said date cease to be liable to maintain the said bridge, (II) the railway company shall pay to any owner or occupier of the land adjoining the railway line for the accommodation of which the said bridge was made compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of the liability of the railway company to maintain the said bridge, (iii) where, immediately before the operative date, a right of way was exercisable over the said bridge— (I) in case the railway company, before the date referred to in sub-paragraph (i) of this paragraph, do the following works, namely, replace the said bridge by a crossing on the level over the site of the abandoned railway and render the said crossing fit and safe for use, a right of way similar to that which was exercisable over the said bridge shall, by virtue of this sub-paragraph, be exercisable over the said crossing, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said crossing fit and safe for use, (II) in any other case, the right of way over the said bridge shall continue to be exercisable, and any person for the time being entitled thereto may do all such things as are reasonably necessary for keeping the said bridge fit and safe for use.
\n
(5)Where compensation is payable by a railway company to any person under this section— (a) the amount thereof shall, in default of agreement, be determined by an arbitrator to be appointed by the Minister, (b) the Minister shall fix the remuneration of the said arbitrator and such remuneration shall be paid by the railway company.
\n
(6)The arbitrator appointed to determine the compensation payable by a railway company to any person under this section may by his award and at his discretion— (a) direct the railway company to pay a sum (to be measured by the arbitrator) towards the costs and expenses of that person, or (b) direct that person to pay a sum (to be measured by the arbitrator) towards the costs and expenses of the railway company, or (c) direct the railway company and that person respectively to abide their own costs and expenses.
\n
(7)The Abandonment of Railways Act, 1850, shall not apply to any railway line in respect of which an abandonment order is made.
\n
(8)Where an abandonment order has been made in respect of any railway line, the railway company by which such line is owned may sell the land belonging to it under and adjoining such line either by private treaty to the owner of the land on both sides of such line or by public auction to any person, including such owner.
\n
(9)In this section— the expression “railway line” includes a section of a railway line; the expression “public road” means any road which a local authority is under a statutory obligation to maintain.
\n
PART VII.
\n
Amendment of Road Transport Act, 1933.
\n
Interpretation of Part VII.
\n
111.—(1) In this Part, the expression “the Act of 1933” means the Road Transport Act, 1933 (No. 8 of 1933), as amended by any subsequent enactment.
\n
(2)This Part shall be construed as one with the Act of 1933.
\n
Carriage for reward.
\n
112.—(1) Where a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle is used for the carriage of merchandise, then, subject to this section, the merchandise shall until the contrary is proved, be deemed for the purposes of the Act of 1933, to be carried for reward.
\n
(2)Where— (a) merchandise, which is supplied by a person in the course of a trade or business carried on by him is, for the purpose of delivery to the customer, carried in a mechanically propelled vehicle owned by that person or in a vehicle drawn by a mechanically propelled vehicle owned by that person, or (b) merchandise, which is to be or has been subjected to any one or more of the following processes, namely, repairing, cleaning, laundering and dyeing, by a person in the course of a trade or business carried on by him is, for the purpose of collection from or delivery to the customer, carried in a mechanically propelled vehicle owned by that person or in a vehicle drawn by a mechanically propelled vehicle owned by that person, the merchandise shall, for the purposes of the Act of 1933, be deemed not to be carried for reward.
\n
(3)Where— (a) a mechanically propelled vehicle owned by a person or a vehicle drawn by a mechanically propelled vehicle owned by a person is used for the carriage of merchandise the property of that person, or (b) a mechanically propelled vehicle owned by a company or a vehicle drawn by a mechanically propelled vehicle owned by a company is used for the carriage of merchandise the property of any company which is in the same ownership, or under the same management, as the company owning the mechanically propelled vehicle, then, subject to subsections (4) and (5) of this section, the merchandise shall be deemed, for the purposes of the Act of 1933, not to be carried for reward.
\n
(4)Where— (a) a vehicle (being a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle) is used for the carriage of merchandise, and (b) the vehicle is registered in the name of two or more persons, the merchandise shall, for the purposes of the Act of 1933, be deemed not to be the property of the owner of the vehicle, unless it is proved that it is the common property of the persons in whose name the vehicle is registered.
\n
(5)Where— (a) a person is, in relation to the carriage of merchandise, charged with having committed on a particular occasion an offence under the Act of 1933, and (b) it is proved that the merchandise was on the said occasion carried in a mechanically propelled vehicle owned by that person or in a vehicle drawn by a mechanically propelled vehicle owned by that person, and (c) it is alleged by that person that the merchandise was his property, and (d) it appears that the merchandise was not manufactured or produced by that person, but was acquired by him, and (e) the Court is of opinion that (having regard to the circumstances of the acquisition, the purposes for which the merchandise is capable of being used, the recentness of the acquisition and the calling of that person) the merchandise was not bona fide acquired by him for the purposes of his trade or business or for his own private use, the Court shall, for the purposes of the Act of 1933, deal with the charge on the assumption that the property in the merchandise never passed to that person and that the merchandise was on the said occasion carried for reward by him.
\n
Amendment of section 8 of the Act of 1933.
\n
113.—(1) Subsection (1) of section 8 of the Act of 1933 is hereby amended by the deletion of paragraphs (e), (f), (g), (i), (j), (k) and (l).
\n
(2)This section shall come into operation on the 1st day of July, 1945.
\n
Grant of merchandise licences to certain carriers.
\n
114.—(1) Where— (a) any person applies, before the 1st day of April, 1945, to the Minister for a merchandise licence authorising the licensee to carry on a merchandise road transport business in respect of specified merchandise within a former exempted area, and (b) such person satisfies the Minister that he or his predecessor in title carried on an existing merchandise road transport business within that former exempted area, the Minister shall, notwithstanding anything contained in subsection (5) of section 12 of the Act of 1933, grant the licence, and any licence so granted shall commence on the 1st day of July, 1945.
\n
(2)For the purposes of this section, the following provisions shall have effect— (a) each of the following shall be an existing merchandise road transport business, that is to say:— (i) any merchandise road transport business which was commenced after the 1st day of June, 1939, and before the 31st day of May, 1940, and was carried on in the manner required by this subsection during the whole of the period beginning on the date of such commencement and ending on the date of the passing of this Act, (ii) any merchandise road transport business which was carried on in the manner required by this subsection during the whole of the period beginning on the 1st day of June, 1939, and ending on the date of the passing of this Act; (b) a merchandise road transport business shall be regarded as having been carried on in the manner required by this subsection during any period if, but only if, during that period— (i) such business was carried on with reasonable continuity, having regard to its nature and, as respects so much of that period as began on the 1st day of June, 1940, and ends on the date of the passing of this Act, to any restrictions on the carrying on of that business due to conditions resulting from the present war, and (ii) such business was carried on with mechanically propelled vehicles duly licensed in the State under section 13 of the Finance Act, 1920 , as amended by subsequent enactments.
\n
(3)The following provisions shall have effect in relation to applications under this section for merchandise licences, that is to say:— (a) every application shall be made to the Minister in such form and in such manner as the Minister may direct; (b) every application shall state— (i) the former exempted area in which the applicant proposes to carry on a merchandise road transport business, (ii) the class or classes of merchandise then actually carried by the applicant, (iii) the merchandise road transport business which the applicant claims is an existing merchandise road transport business, (iv) the vehicle plate issuing station at which the applicant, in the event of the application being granted, desires that vehicle plates should be available for issue to him, (v) the number of mechanically propelled vehicles being lorries or tractors, and so classified in the application, which, at any specified date (in this section referred to as the critical date) between the 1st day of June, 1939, and the 31st day of May, 1940, selected by applicant, complied with the following conditions (in this section referred to as the qualifying conditions), that is to say:— (I) were duly licensed in the State by the applicant under section 13 of the Finance Act, 1920 , as amended by subsequent enactments, (II) were in use and available for the purpose of such merchandise road transport business, (vi) particulars (including the unladen weights) of each such mechanically propelled vehicle, (vii) such other particulars as the Minister may direct; (c) every application shall be accompanied by the registration books relating to the mechanically propelled vehicles particulars of which are stated in the application or by registration particulars of those vehicles certified by the appropriate local authority under the Roads Act, 1920 ; (d) subsection (4), (5) and (6) of section 11 of the Act of 1933 shall apply as if enacted in this section.
\n
(4)The Minister, before granting a merchandise licence under this section, shall— (a) in case any of the mechanically propelled vehicles specified in the application for the licence were lorries which, in his opinion, at the critical date complied with the qualifying conditions, ascertain the total unladen weight of those lorries and the total unladen, weight so ascertained shall, for the purposes of the Act of 1933, be the standard lorry weight for the licensee under the licence; (b) in ease any of the mechanically propelled vehicles specified in the application were tractors which in his opinion, at the critical date complied with the qualifying conditions, ascertain the total unladen weight of those tractors and the total unladen weight so ascertained shall, for the purposes of the Act of 1933, be the standard tractor weight for the licensee under the licence.
\n
(5)Each of the following areas shall, for the purposes of this section, be a former exempted area, that is to say:— (a) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Ballina; (b) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Drogheda; (c) the area (except so much thereof as is situate in Northern Ireland) included within a circle having a radius of ten miles and its centre at the principal post office in the town of Dundalk; (d) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Sligo; (e) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Tralee; (f) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Westport; (g) the area included within a circle having a radius of ten miles and its centre at the principal post office in the town of Wexford.
\n
(6)Every merchandise licence granted by virtue of this section shall, for the purposes of the Act of 1933, the Road Transport Act, 1934 (No. 17 of 1934), the Road Transport Act, 1935 (No. 23 of 1935), and this Act be deemed to be a merchandise (existing carrier's) licence.
\n
Extension of merchandise (existing carrier's) licence or grant of merchandise licence where existing transport facilities inadequate.
\n
115.—(1) If— (a) it appears to the Minister (either as the result of representations made to him by any persons, representative of trade or a locality, or otherwise) that the existing merchandise road transport facilities in any area are inadequate, and (b) the Minister is of opinion that the required additional merchandise road transport facilities can be provided more effectively and conveniently by a person other than an authorised (merchandise carrying) company, then, instead of making an order under section 48 of this Act, the Minister, if he considers it desirable in the public interest so to do, may, notwithstanding anything contained in the Act of 1933, for the purposes of providing the required additional merchandise road transport services, extend the operation of any merchandise (existing carrier's) licence or grant a merchandise licence to any person.
\n
(2)Where representations are made to the Minister by any persons representative of trade or a locality that the existing merchandise road transport facilities in an area are inadequate, the Minister may, before taking any action under subsection (1) of this section in relation to the representations, refer the representations to the Advisory Committee for their report thereon.
\n
Extension of operation of merchandise (existing carriers') licences.
\n
116.—(1) Where the Minister is of opinion— (a) that the areas specified in a merchandise (existing carrier's) licence do not fairly represent the areas in which the licensee carried on a merchandise road transport business before the grant of the licence, or (b) that the classes of merchandise specified in a merchandise (existing carrier's) licence do not fairly represent the classes of merchandise carried by the licensee in the course of the merchandise road transport business carried on by him before the grant of the licence, or (c) that, for the removal of hardships, the operation of a merchandise (existing carrier's) licence should be extended to a minor extent, then, notwithstanding anything contained in the Act of 1933 but subject to subsection (2) of this section, the Minister may amend the licence to such extent as seems to him fair and reasonable having regard to the circumstances of the case.
\n
(2)The Minister shall not amend a merchandise (existing carrier's) licence which authorises the carrying on of a merchandise road transport business in respect of one commodity and no more, or amend a merchandise (existing carrier's) licence which authorises the carrying on of a merchandise road transport business in respect of a particular class or classes of merchandise dealt with in the course of a particular trade or industry so as to authorise the carrying on of a merchandise road transport business in respect of any class or classes of merchandise not dealt with in the course of that trade or industry.
\n
Amendment of section 9 of the Act of 1933.
\n
117.—Where— (a) a person is convicted of an offence, committed on or, after the date of the passing of this Act, under section 9 of the Act of 1933, and (b) that person is, within two years after the commission of the first-mentioned offence, convicted of another offence under the said section 9, the following provisions shall have effect— (i) the fine to be imposed by the Court in respect of the other offence shall not in any case be less than five pounds, (ii) the Court, in addition to the fine, may order any mechanically propelled vehicle or vehicles by means of which the other offence was committed to be forfeited, (iii) any mechanically propelled vehicles so ordered to be forfeited shall be disposed of in such manner as the Minister may direct and all moneys arising from such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
\n
Temporary exemption from subsection (2) of section 34 of the Act of 1933.
\n
118.—Where the Superintendent of the Gárda Síochána, within whose district a plate issuing station is situated, is satisfied that any mechanically propelled vehicle (in this section referred to as the original vehicle), in respect of which a vehicle plate was issued at that station, is undergoing repairs, he may, if he thinks fit, on the application of the licensee under a merchandise licence who is the owner of the original vehicle, issue to the licensee a permit (which shall be in such form as the Minister directs) to use, for the purposes of the merchandise road transport business authorised by the licence, during such period (not exceeding ten days from the date of the permit) as he thinks fit, another mechanically propelled vehicle (in this section referred to as the substituted vehicle) of the like kind, the unladen weight of which, if the licence is a merchandise (existing carrier's) licence, does not exceed the unladen weight of the original vehicle, and, in that case, subsection (2) of section 34 (which relates to an obligation to carry vehicle plates on vehicles carrying merchandise) of the Act of 1933 shall not, during the period specified in the permit, apply in respect of the user for the purposes of the said merchandise road transport business of the substituted vehicle.
\n
Increase of standard lorry weight of certain holders of merchandise (existing carrier's) licences.
\n
119.—(1) Where a licensee, whose existing standard lorry weight is less than his maximum lorry weight, applies to the Minister to amend his merchandise (existing carrier's) licence by increasing his standard lorry weight to his maximum lorry weight, the Minister shall amend the licence accordingly.
\n
(2)For the purposes of this section— the word “licensee” means a licensee under a merchandise (existing carrier's) licence, other than any such licence granted by virtue of section 114 of this Act; the existing standard lorry weight for a licensee shall be taken to be the weight which was his standard lorry weight on the establishment date; the original standard lorry weight for a licensee shall be taken to be the standard lorry weight specified in his licence as originally issued or, if his standard lorry weight has been increased or determined under subsections (1) or (3) of section 11 of the Road Transport Act, 1934 (No. 17 of 1934), his standard lorry weight as so increased or determined; the maximum lorry weight for a licensee shall be taken to be— (a) in case his original standard lorry weight is four tons or less— (i) his original standard lorry weight increased by one-fifth, or (ii) two tons and five hundred-weights, whichever is the greater, or (b) in case his original standard lorry weight exceeds four tons— (i) his original standard lorry weight increased by one-tenth, or (ii) four tons and sixteen hundred-weights, whichever is the greater.
\n
Increase of standard tractor weight of certain holders of merchandise (existing carrier's) licences.
\n
120.—(1) Where a licensee, whose existing standard tractor weight is less than his maximum tractor weight, applies to the Minister to amend his merchandise (existing carrier's) licence by increasing his standard tractor weight to his maximum tractor weight, the Minister shall amend the licence accordingly.
\n
(2)For the purposes of this section— the word “licensee” means a licensee under a merchandise (existing carrier's) licence, other than any such licence granted by virtue of section 114 of this Act; the existing standard tractor weight for a licensee shall be taken to be the weight which was his standard tractor weight on the establishment date; the original standard tractor weight for a licensee shall be taken to be the standard tractor weight specified in his licence as originally issued or, if his standard tractor weight has been increased, or determined under subsections (2) or (4) of section 11 of the Road Transport Act, 1934 (No. 17 of 1934), his standard tractor weight as so increased or determined; the maximum tractor weight for a licensee shall be taken to be— (a) in case his original standard tractor weight is four tons or less— (i) his original standard tractor weight increased by one-fifth, or (ii) two tons and five hundred-weights, whichever is the greater, or (b) in case his original standard tractor weight exceeds four tons— (i) his original standard tractor weight increased by one-tenth, or (ii) four tons and sixteen hundred-weights, whichever is the greater.
\n
Giving of register of merchandise licences in evidence.
\n
121.—Every document purporting to be a copy of an entry in the register of merchandise licences kept under section 29 of the Act of 1933, and purporting to be certified by an officer of the Department of Industry and Commerce to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.
\n
Obligation of licensee under a merchandise licence to supply drivers of vehicles with copy of licence.
\n
122.—(1) Where a mechanically propelled vehicle is about to be used for the purposes of the merchandise road transport business of a licensee under a merchandise licence, the licensee shall deliver to the person who is to act as driver of the vehicle while being so used a true copy of the licence.
\n
(2)If the licensee under a merchandise licence fails or neglects to comply with subsection (1) of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
(3)In this and the next following section the expression “merchandise licence” does not include a merchandise licence held by an authorised (merchandise carrying) company.
\n
Production by driver of vehicle, owned by licensee under a merchandise licence, of copy of licence.
\n
123.—(1) Any member of the Gárda Síochána may demand of any person, driving a mechanically propelled vehicle which is being used for the purposes of the merchandise road transport business of a licensee under a merchandise licence, the production of a copy of the licence, and if that person refuses or fails to produce a copy of the licence there and then, or though producing a copy of the licence, refuses or fails to permit such member to read it, that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
\n
(2)A person who, when the production of a copy of a merchandise licence is lawfully demanded of him under this section, does not produce a copy of the licence because he has not one in his possession shall be deemed to fail to produce a copy of the licence within the meaning of this section.
\n
Prohibition of licensee holding himself out as carrying on merchandise road transport business not authorised by his licence.
\n
124.—(1) The holder of a merchandise licence shall not describe himself or hold himself out as— (i) carrying on a merchandise road transport business in respect of merchandise other than merchandise specified in a merchandise licence held by him, or (ii) carrying on a merchandise road transport business within any area (not being an exempted area or an area specified in a merchandise licence held by him).
\n
(2)If the holder of a merchandise licence acts in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
\n
PART VIII.
\n
Miscellaneous Provisions.
\n
Extension of section 2 of the Railway and Canal Traffic Act, 1854, to the road traffic of certain persons.
\n
125.—
\n
Section 2
\n
of the Railway and Canal Traffic Act, 1854 , shall apply to the road traffic of any person under a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or under a merchandise licence, within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), in the same manner and to the like extent as the said section applies to the land traffic of a railway company.
\n
Enforcement of recommendations of inspector under section 41 of the Railway and Canal Traffic Act, 1888.
\n
126.—(1) The Minister may by order require any canal undertaker to comply with any recommendation of an inspector duly appointed under section 41 of the Railway and Canal Traffic Act, 1888.
\n
(2)Where the Minister proposes to make in relation to a canal undertaker an order under this section he shall cause a draft of the order to be prepared and serve a copy of the draft on the canal undertaker and shall, before making the order, consider any representations made by the canal undertaker within fourteen days after the service of the draft.
\n
(3)Any order of the Minister under this section shall be complied with by the canal undertaker to which the order relates and in the event of non-compliance shall be enforceable by the High Court on the application of the Minister.
\n
Release of dissolved railway company from certain liabilities.
\n
127.—Where no interest on moneys borrowed by any amalgamating company or absorbed company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), has been paid since the 1st day of January, 1925, by the dissolved railway company, the dissolved railway company shall, by virtue of this section, be released as on and from the date of the passing of this Act from all liabilities in respect of such moneys and interest thereon.
\n
Transfer of securities representing Royal Canal Guarantee Fund to the Company.
\n
128.—The following securities, namely Five thousand five hundred and thirty-eight pounds and nine shillings, two and half per cent. Consols (representing the residue of the sum directed to be invested by the British statute (58 Geo. III., c. 35) passed in the year 1818 and entitled an Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland) standing in the books of the Bank of Ireland in the names of the Minister for Finance and the Minister and held by them at the passing of this Act as trustees for the dissolved railway company shall, as soon as may be after the establishment date, be transferred by the Minister for Finance and the Minister to the Company and shall upon such transfer be held by the Company freed from all trusts and obligations affecting the said securities by virtue of the said British statute or the Midland Great Western Railway of Ireland (Moate Deviation) Act, 1848.
\n
Agreements entered into by railway companies other than the Company.
\n
129.—(1) On and after the establishment date every railway company (other than the Company) whose or any part of whose railway lies within the State shall— (a) within fourteen days after the date on which any agreement or arrangement with any other transport undertaker (whether made under statutory powers or otherwise) is entered into by that railway company whereby provision is made for the allocation or routing of traffic to or from any place in the State or for the pooling of receipts from such traffic or for differential rates on traffic passing by sea to or from the State, furnish to the Minister written particulars of such agreement or arrangement, (b) within seven days after being so required by the Minister, furnish such further particulars and information as the Minister may require in respect of the contents of any such agreement or arrangement.
\n
(2)If any railway company (other than the Company) fails to comply with the provisions of subsection (1) of this section that company shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds, together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.
\n
(3)If any railway company (other than the Company) in furnishing any information under this section, furnishes any false or misleading information, that company shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
\n
Restrictions on compulsory acquisition of land held by transport undertakers.
\n
130.—Notwithstanding anything contained in any enactment, no person shall, without the previous consent of the Minister, acquire compulsorily any land or premises held or occupied by a body corporate for the purposes of any railway, tramway, harbour, dock, inland navigation or air navigation undertaking or acquire, terminate, restrict or otherwise interfere with compulsorily any easement, wayleave or other right whatsoever over or in respect of any such land.
\n
Cancellation of certain stocks of the dissolved railway company.
\n
131.—Any stock of the dissolved railway company which is at the passing of this Act registered in the name of the dissolved railway company shall, immediately upon the passing of this Act be, by virtue of this section, cancelled.
\n
Redemption of certain stocks of the dissolved railway company.
\n
132.—The dissolved railway company shall have and be deemed always to have had power to redeem in cash by agreement with the holders thereof any of the following stocks, that is to say:— North Wall Extension, Lines 1 and 2—£100 shares.
\n
4 per cent. New Ross and Waterford Extension Railways' Guaranteed Stock.
\n
4 per cent. City of Dublin Junction Railways' Debenture Stock, 1884 and 1887.
\n
4 per cent. City of Dublin Junction Railways' Debenture Stock, 1894 and 1897.
\n
4 per cent. City of Dublin Junction Railways' Preference Stock.
\n
4 per cent. City of Dublin Junction Railways' Guaranteed Stock.
\n
4 per cent. Redeemable (1947) Debenture Stock.
\n
Provisions in relation to maintenance and operation of Victoria Bridge in the City of Dublin.
\n
133.—(1) In this section— the expression “the bodies concerned” means the Company, the Dublin Corporation and the Grand Canal Company; the expression “the Bridge” means the Victoria Bridge across the Grand Canal in the County Borough of Dublin; the expression “the contemplated agreement” means an agreement to be made between the bodies concerned with respect to the maintenance (including reconstruction), and control of the Bridge; the expression “the appointed period” means the period of one year from the date of the passing of this Act, or such further period as the Minister may allow.
\n
(2)The bodies concerned may, within the appointed period, execute the contemplated agreement, but the contemplated agreement, if so executed, shall not have any force unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.
\n
(3)If the contemplated agreement is executed within the appointed period and confirmed by the Minister, the following provisions shall thereupon have effect— (a) the said agreement shall have statutory effect; (b) each of the bodies concerned shall, notwithstanding any limitation on the power of that body to enter into it, be deemed to have power to enter into the said agreement; (c) it shall be the duty of each of the bodies concerned and each of the said bodies is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that body.
\n
(4)If the contemplated agreement is not executed within the appointed period or, being so executed, the Minister refuses to confirm it, the following provisions shall have effect— (a) the Chief Justice, at the request (made after consultation with the Minister for Local Government and Public Health) of the Minister, shall appoint an arbitrator to determine, after hearing the bodies concerned, the terms and conditions which, having regard to the circumstances then existing, should, in his opinion, govern the future maintenance (including reconstruction) and control of the bridge. (b) the determination of the arbitrator shall have statutory effect and it shall be the duty of each of the bodies concerned, and each of them is hereby empowered, to carry out the terms of the said determination so far as the provisions thereof are to be carried out by that body, (c) the remuneration of the arbitrator shall be fixed by the Chief Justice and shall be paid in equal proportions by the bodies concerned, (d) the arbitrator may, as respects the costs and expenses of the bodies concerned in the proceedings before him, make such order as in his discretion he thinks fit.
\n
Agreement between the Company, the Cork Corporation and the Cork Harbour Commissioners with respect to maintenance and operation of bridges in the City of Cork.
\n
134.—(1) The Company, the Lord Mayor, Aldermen and Burgesses of Cork and the Cork Harbour Commissioners may enter into an agreement (in this section referred to as the said agreement) with respect to the maintenance, opening and closing of the bridge across the North Channel of the River Lee and the bridge across the South Channel of the River Lee, both in the county borough of Cork, but the said agreement shall not have any force or effect unless confirmed by the Minister, who is hereby authorised, if he thinks fit, to do so.
\n
(2)If the said agreement is confirmed by the Minister, the following provisions shall thereupon have effect, that is to say:— (a) the said agreement shall have statutory effect, (b) each of the parties thereto shall, notwithstanding any limitation on the power of that party to enter into it, be deemed to have power to enter into the said agreement, (c) it shall be the duty of each of the parties thereto and each of the said parties is hereby empowered to carry out the said agreement so far as the provisions thereof are to be carried out by that party.
\n
Deposit with Minister of agreements regulating conditions of service of road transport employees of railway company.
\n
135.—The original or counterpart, or a copy, certified, in such manner as the Minister shall direct, to be a true copy, of every agreement made after the passing of this Act in accordance with section 10 (which relates to the regulation of conditions of service of road transport employees of railway companies) of the Railways Act, 1933 (No. 9 of 1933), shall be deposited with the Minister within one month after the making of the agreement.
\n
FIRST SCHEDULE.
\n
Enactments Repealed as on and from the Establishment Date.
\n
Session and Chapter or Number and Year Short Title Extent of Repeal 58 Geo. III, c. 35.
\n
An Act to provide for the maintaining of the Royal Canal from the River Liffey to the River Shannon in Ireland.
\n
Section 35; in section 38 all words from the words: “and in case the said Directors” to the end of the section.
\n
7 & 8 Vic., c. 85 The Railway Regulation Act, 1844 .
\n
Section 6.
\n
11 & 12 Vic., c. lxxvi The Midland Great Western Railway of Ireland (Moate Deviation) Act, 1848.
\n
Sections 13, 14 and 15.
\n
63 & 64 Vic., c. clvi Dublin Wicklow and Wexford Railway Act, 1900.
\n
Sections 25 and 26.
\n
3 Edw. VII, c. clx Great Southern and Western Railway Act, 1903.
\n
Sections 36 and 38.
\n
3 Edw. VII, c. clxiii Midland Great Western Railway of Ireland Act, 1903.
\n
Section 29; Section 31, so far as relates to trespass by persons.
\n
8 & 9 Geo. V, c. 34 The Statutory Undertakings (Temporary Increase of Charges) Act, 1918.
\n
The Act so far as it relates to tramways.
\n
10 & 11 Geo. V, c. 14 Tramways (Temporary Increase of Charges) Act, 1920.
\n
The whole Act.
\n
10 & 11 Geo. V., c. 21 The Harbours, Docks and Piers (Temporary Increase of Charges) Act, 1920.
\n
The whole Act so far as unrepealed.
\n
No. 16 of 1923 The Statutory Undertakings (Continuance of Charges) (No. 2) Act, 1923 .
\n
The whole Act so far as unrepealed.
\n
No. 29 of 1924 The Railways Act, 1924 Parts II and III ; subsection (1) of section 58 ; Fifth and Sixth Schedules.
\n
No. 1 (Private) of 1925 The Dublin United Tramways (Omnibus Services) Act, 1925.
\n
The whole Act.
\n
No. 23 of 1929 The Railways (Amendment) Act, 1929.
\n
The whole Act.
\n
No. 8 of 1931.
\n
The Agriculture Act, 1931.
\n
Paragraph (b) of subsection (2) of section 4 ; subsections (3) and (4) of section 4 .
\n
No. 3 of 1932 The Railways (Miscellaneous) Act, 1932.
\n
Section 15
\n
; subsection (2) of section 18 .
\n
No. 8 of 1933 The Road Transport Act, 1933 .
\n
In section 2 , the definition of the expression “carriage for reward”; sections 4 and 16 ; Parts III and IV; section 74 .
\n
No. 9 of 1933 Railways Act, 1933 Sections 5 , 12 , 13 and 17 .
\n
No. 17 of 1934 The Road Transport Act, 1934 .
\n
Section 11
\n
No. 23 of 1935 The Road Transport Act, 1935 .
\n
Sections 2 and 3 SECOND SCHEDULE.
\n
Transitory Provisions in Relation to the Dissolved Companies and the Company.
\n
Definition.
\n
1.In this Schedule the expression “final ordinary meeting” means, in relation to a dissolved company, the ordinary meeting which that company is required by paragraph 5 of this Schedule to hold.
\n
Continuance of dissolved companies for certain purposes.
\n
2.For the purposes of this Schedule but not further or otherwise each dissolved company shall be deemed to continue in existence on and after the establishment date.
\n
Transfers of stocks, shares and securities.
\n
3.A dissolved company shall, at the request of the Company, execute all such instruments and do all such acts as may be necessary to enable the Company to have transferred into its name any stocks, shares or securities held by that dissolved company immediately before the establishment date, and for this purpose the persons who are immediately before the establishment date the directors of that dissolved company shall be deemed to continue in office.
\n
Continuance in office of directors, officers and auditors of dissolved companies.
\n
4.The persons who are the directors, officers and auditors of any dissolved company immediately before the establishment date shall be deemed to continue in office for the purpose of the preparation and auditing of accounts and balance sheets of that company for the year 1944, the production thereof to the proprietors of that company, the declaration of dividends for the year 1944 and the summoning, holding and conduct of the final ordinary meeting of that company.
\n
Ordinary meeting of dissolved companies to be held in February or March, 1945.
\n
5.An ordinary meeting of each dissolved company shall be held in the month of February or the month of March, 1945, for the purpose of receiving the statements of accounts of that company for the year 1944 and the declaration of dividends, and the persons who are immediately before the establishment date the proprietors of that dissolved company shall be deemed to be the proprietors of that company for purposes aforesaid and for the purposes of summoning, holding and conducting that ordinary meeting.
\n
Accounts and returns of dissolved railway company for 1944.
\n
6.(1) The dissolved railway company shall prepare accounts and returns for the year 1944 in accordance with the form set out in the First Schedule to the Railway Companies (Accounts and Returns) Act, 1911 , and submit the accounts to their auditors in that form.
\n
(2)The accounts and returns for the year 1944 shall be signed by the officer of the dissolved railway company responsible for the accounts or returns or any part thereof and by the chairman of the directors of that company.
\n
(3)The dissolved railway company shall forward six copies of the accounts and returns for the year 1944 to the Minister not later than the 28th day of February, 1945, and shall forward a copy of the accounts and returns to any proprietor of the dissolved railway company who applies for a copy.
\n
(4)If any account or return prepared and forwarded under this paragraph is false in any particular to the knowledge of any person who signs the account or return or any part thereof, that person shall be liable on conviction on indictment to imprisonment with or without hard labour for a term not exceeding one year or to a fine not exceeding one hundred pounds, and on summary conviction to a fine not exceeding fifty pounds.
\n
Accounts of dissolved transport company for 1944.
\n
7.The dissolved transport company shall cause accounts to be made up for the year 1944.
\n
Provisions in relation to Income Tax chargeable on dissolved companies.
\n
8.(1) A dissolved company shall, on and after the establishment date, continue to be liable under the Income Tax Acts to prepare and deliver any statement, return or particulars required for the purposes of those Acts for any year of assessment ending on or before the 5th day of April, 1945.
\n
(2)Assessments to income tax for any year of assessment ending on or before the 5th day of April, 1945, may be made on a dissolved company on or after the establishment date, and income tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.
\n
(3)For the purposes of subparagraphs (1) and (2) of this paragraph the secretary of the Company or other officer performing the duties of secretary of the Company shall be deemed to be secretary of a dissolved company or other officer performing the duties of secretary of that dissolved company.
\n
(4)The Company shall be and is hereby empowered to deduct out of the emoluments of any person holding an office or employment of profit under the Company any income tax charged on the dissolved railway company in respect of any office or employment of profit held by such person under the dissolved railway company.
\n
Provisions in relation to corporation profits tax chargeable on the dissolved transport company.
\n
9.(1) The dissolved transport company shall, on and after the establishment date, continue to be liable, under the enactments relating to corporation profits tax to prepare and deliver any statement, return or particulars required for the purposes of those enactments for any accounting period ending on or before the 31st day of December, 1944.
\n
(2)Assessments to corporation profits tax for any accounting period ending on or before the 31st day of December, 1944, may be made on or after the establishment date on the dissolved transport company and corporation profits tax in respect of any such assessment so made, which shall have become final and conclusive, shall, when it becomes due and payable, be deemed to have become due and payable before the establishment date.
\n
(3)For the purposes of subparagraphs (1) and (2) of this paragraph, the secretary of the Company or other officer performing the duties of secretary of the Company shall be deemed to be secretary of the dissolved transport company or other officer performing the duties of secretary of the dissolved transport company.
\n
(4)In this paragraph references to corporation profits tax shall be construed as including references to excess corporation profits tax.
\n
Payment by the Company of expenses of dissolved companies and dividends declared by dissolved companies at final meetings.
\n
10.Any expenses incurred by a dissolved company under this Schedule and any dividend declared by any dissolved company shall be paid by the Company.
\n
Use of names of dissolved companies.
\n
11.During the period of six months commencing on the establishment date, the Company shall be entitled to carry on business in the name of a dissolved company in addition to or in substitution for the name of the Company and all contracts-and engagements entered into by the Company during that period by any such name or names shall be binding upon and enforceable by the Company.
\n
THIRD SCHEDULE.
\n
Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.
\n
Part I.
\n
The Great Southern Railways Company.
\n
Ref. No.
\n
Description of Stock of the Great Southern Railways Company Description of Stock of the Company to be issued in exchange for Stock of the Great Southern Railways Company Amount of stock of the Company to be issued in exchange for each £100 of Stock of the Great Southern Railways Company and so on in proportion
\n
(1)
\n
(2)
\n
(3)
\n
(4)£ 1 4 per cent. Debenture Stock 3 per cent. Redeemable Debenture Stock.
\n
100 2 4 per cent. Guaranteed Preference Stock.
\n
3 per cent. Redeemable Debenture Stock.
\n
50 Common Stock 50 3 4 per cent. Preference Stock.
\n
Common Stock 100 4 Ordinary Stock Common Stock 100 5 4 per cent. New Ross and Waterford Extension Railways' Guaranteed Stock.
\n
3 per cent. Redeemable Debenture Stock.
\n
100 6 4 per cent. City of Dublin Junction Railways' Debenture Stock, 1884 and 1887.
\n
3 per cent. Redeemable Debenture Stock.
\n
100 7 4 per cent. City of Dublin Junction Railways' Debenture Stock, 1894 and 1897.
\n
3 per cent. Redeemable Debenture Stock.
\n
100 8 4 per cent. City of Dublin Junction Railways' Preference Stock.
\n
3 per cent. Redeemable Debenture Stock.
\n
100 9 4 per cent. City of Dublin Junction Railways' Guaranteed Stock.
\n
3 per cent. Redeemable Debenture Stock.
\n
100
\n
Part II.
\n
The Dublin United Transport Company, Limited.
\n
Ref. No.
\n
Description of Stock of the Dublin United Transport Company, Limited Description of Stock of the Company to be issued in exchange for Stock of the Dublin United Transport Company, Limited Amount of stock of the Company to be issued in exchange for each £100 of Stock of the Dublin United Transport Company, Limited, and so on in proportion
\n
(1)
\n
(2)
\n
(3)
\n
(4)£ 1 6 per cent. Preference Stock.
\n
3 per cent. Redeemable Debenture Stock.
\n
145 2 Ordinary Stock 3 per cent. Redeemable Debenture Stock.
\n
145 FOURTH SCHEDULE.
\n
Provisions in Relation to Stockholders' Directors.
\n
Definitions.
\n
1.In this Schedule— the expression “ordinary meeting” means an ordinary meeting of the Company; the expression “the 1945 meeting” means the ordinary meeting to be held in 1945; the expression “the 1946 meeting” means the ordinary meeting to be held in 1946; the expression “the 1947 meeting” means the ordinary meeting to be held in 1947; the expression “the 1948 meeting” means the ordinary meeting to be held in 1948; the expression “casual vacancy” means a vacancy amongst the stockholders' directors occurring through the death, resignation or disqualification of a stockholders' director.
\n
First stockholders' directors.
\n
2.(1) On the establishment date each of the following persons shall be and become a stockholders' director, that is to say:— (a) any person who, immediately before the establishment date, is a shareholders' director, within the meaning of the Emergency Powers (No. 152) Order, 1942 (S. R. & O., No. 69 of 1942), of the dissolved railway company, (b) any person who, immediately before the establishment date, is a-director of the dissolved transport company and who is not on the establishment date the Chairman of the Company.
\n
(2)In this Schedule the expression “first stockholders' director” means a person who becomes a stockholders' director by virtue of subparagraph (1) of this paragraph.
\n
Term of office of first stockholders' directors and persons co-opted to fill casual vacancies amongst stockholders' directors before the conclusion of the 1945 meeting.
\n
3.(1) Every first stockholders' director and every person appointed to fill a casual vacancy occurring before the conclusion of the 1945 meeting amongst the stockholders' directors shall, unless he sooner dies, resigns or becomes disqualified, hold office until the conclusion of the 1945 meeting.
\n
(2)Of the stockholders' directors holding office immediately before the 1945 meeting— (a) each of two (who, in default of agreement between the said stockholders' directors, shall be determined by lot at or immediately after the 1945 meeting) shall, unless he sooner dies, resigns, or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1946 meeting, and shall then retire, (b) each of two (who, in default of agreement between the said stockholders' directors, shall be determined by lot at or immediately after the 1945 meeting) shall, unless he sooner dies, resigns or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1947 meeting, and shall then retire, (c) each of the remainder shall, unless he sooner dies, resigns, or becomes disqualified, continue to hold office until the conclusion of the election of stockholders' directors at the 1948 meeting and shall then retire.
\n
Election and term of office of subsequent stockholders' directors.
\n
4.(1) The Company shall at the 1946 meeting and at each subsequent ordinary meeting elect two persons to be stockholders' directors.
\n
(2)Every person elected under subparagraph (1) of this paragraph shall enter on office immediately upon the conclusion of such election and shall, unless he sooner dies, resigns or becomes disqualified hold office until the conclusion of election of shareholders' directors to be held at the third ordinary meeting held next after the ordinary meeting at which he was elected and shall then retire.
\n
Casual vacancies.
\n
5.(1) Whenever a casual vacancy occurs before the conclusion of the 1945 meeting amongst the stockholders' directors, the Board shall, unless the number of stockholders' directors in office immediately after such occurrence is six or more, co-opt a person who is duly qualified to be a stockholders' director to fill the casual, vacancy and the person so co-opted shall, unless he sooner dies, resigns or becomes disqualified, hold office until the conclusion of the 1945 meeting.
\n
(2)Whenever after the conclusion of the 1945 meeting any stockholders' director dies, resigns or becomes disqualified, the Board shall, subject to the provisions of this paragraph, co-opt a person who is duly qualified to be a stockholders' director, to fill the casual vacancy and the person so co-opted shall, unless he sooner dies, resigns or becomes disqualified, hold office for the remainder of the period for which the stockholders' director so dying, resigning or becoming disqualified would have held office if he had not died, resigned or become disqualified, and shall be paid remuneration at the rate payable to such stockholders' director.
\n
(3)If, after the conclusion of the 1945 meeting and before the 1948 meeting, a casual vacancy occurs amongst the stockholders' directors (other than the stockholders' directors elected at the 1946 meeting or the 1947 meeting or a person co-opted to fill a casual vacancy amongst the stockholders' directors so elected) and the number of stockholders' directors in office immediately after such occurrence is six or more, the said vacancy shall not be filled.
\n
Stockholders' directors to be eligible for re-election.
\n
6.A stockholders' director retiring on the expiration by effluxion of time of his term of office shall be eligible for re-election.
\n
Qualification of stockholders' directors.
\n
7.(1) No person shall be capable of being a stockholders' director unless he is the holder in his own right of common stock of the Company of the nominal value of not less than one thousand pounds.
\n
(2)Subparagraph (1) of this paragraph shall not apply to a first stockholders' director, during the period for which he holds office by virtue of paragraph 3 of this Schedule.
\n
FIFTH SCHEDULE.
\n
Compensation of Certain Officers and Servants of the Company.
\n
Interpretation.
\n
1.(1) In this Schedule— the expression “former transport company” means any company being— (a) an absorbed company or amalgamated company within the meaning of the Railways Act, 1924 (No. 29 of 1924), or (b) any dissolved company; the expression “former road transport licensee” means a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 (No. 2 of 1932), or of a merchandise (existing carrier's) licence within the meaning of the Road Transport Act, 1933 (No. 8 of 1933), and whose said licence was transferred to a dissolved company; the expression “former transport undertaker” means any person being— (a) a former transport company, or (b) a former road transport licensee; the expression “the Defence Forces”means— (a) the force established under
\n
Part I
\n
of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), and (b) the reserve force established under Part III of the said Act; the expression “the critical date” means the 1st day of July, 1944; the word “remuneration” shall be construed as including any cost of living or other bonus.
\n
(2)For the purpose of reckoning the pensionable service of a person under this Schedule— (a) the pensionable service shall include— (i) service with any former transport company, (ii) if that person had service with a former transport company, service in the Irish Railway Clearing House, (iii) service with the Company, (iv) service (being service which is recognised for the purposes of a superannuation scheme, within the meaning of section 44 of this Act, or an existing superannuation fund, within the meaning of section 45 of this Act) with any former road transport licensee; (b) if that person was temporarily absent from his employment with a former transport undertaker and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Eireann or the Second Dáil Eireann or the Provisional Government of Ireland or in either of the opposing forces during the civil strife in the years 1922, 1923 or 1924 or was interned or imprisoned in consequence of such service, or was engaged in service, before the 6th day of December, 1922, in the British Army, Navy or Air Force, such temporary absence shall be included in the period of his pensionable service; (c) if that person was suspended or dismissed from the service of a former transport undertaker on or after the 1st day of April, 1916, and before the 6th day of December, 1921, but was subsequently reinstated, and the Minister certifies that his suspension or dismissal was due to his national sympathies, such period (not exceeding the period between his suspension or dismissal and his reinstatement) as the Minister may direct shall be included in the period of his pensionable service; (d) if that person was, by reason of disruption of railway services due directly to civil strife in the years 1922, 1923 or 1924, temporarily absent from his employment with a former transport undertaker, such temporary absence shall be included in the period of his pensionable service; (e) if that person was temporarily absent during the present war from his employment with a former transport undertaker or the Company and during the whole of such absence was serving in the Defence Forces, such temporary absence shall be included in the period of his pensionable service; (f) if that person was temporarily absent from his employment with a former transport undertaker or the Company for a period of less than one year on account of— (i) the temporary closing or reduction of services on a railway line, due to conditions resulting from the present war, or
\n
(ii) the cessation or reduction of any other transport services, due to the said conditions, or (iii) illness or accident, or (iv) any trade dispute to which he was not a party, such temporary absence shall be included in the period of his pensionable service; (g) if that person was taken into the employment of any former transport undertaker as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just; (h) if that person served as a trade apprentice with any former transport undertaker or the Company for any period, that period shall not be reckoned as pensionable service.
\n
(3)For the purposes of this Schedule the number of years of pensionable service of a person shall be taken to be the result obtained by dividing the number of days of his pensionable service by the number three hundred and sixty-five, any fraction of a half or over being treated as one and any lesser fraction being disregarded.
\n
(4)For the purposes of reckoning under this Schedule the annual remuneration and emoluments of a person who was managing director of the dissolved transport company, account shall be taken only of the remuneration and emoluments received by him in his capacity as managing director.
\n
Compensation to persons with less than five years' pensionable service.
\n
2.The compensation payable to a person who, on the critical date, had less than five years' pensionable service shall be a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments on the date of the abolition of his office or situation for every year of his pensionable service.
\n
Compensation to persons with not less than five years' pensionable service.
\n
3.Subject to the provisions of paragraph 4 of this Schedule, the compensation payable to a person who, on the critical date, had not less than five years' pensionable service shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments on the date of the abolition of his office or situation and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every year of his pensionable service, with an addition thereto based on the number of years of his pensionable service and calculated according to the following scale. (a) if he has twenty or more years of pensionable service, an addition of ten-sixtieths of his said remuneration and emoluments; (b) if he has fifteen or more years of pensionable service and less than twenty such years, an addition of seven-sixtieths of his said remuneration and emoluments; (c) if he has ten or more years of pensionable service and less than fifteen such years, an addition of five-sixtieths of his said remuneration and emoluments; (d) if he has less than ten years of pensionable service, an addition of three-sixtieths of his said remuneration and emoluments.
\n
Reduction of annual sums in certain cases.
\n
4.If any officer or servant who is entitled to an annual sum under paragraph 3 of this Schedule is also entitled to superannuation or benefit out of any Fund to which a dissolved company contributed, then— (a) the amount of the said annual sum shall be reduced by an amount equal to the annual value of such superannuation or benefit, and (b) the Company shall pay to such officer or servant a lump sum equal to the amount of the contributions paid by such officer or servant into the said Fund.
\n
SIXTH SCHEDULE.
\n
Enactments not Applying to the Company.
\n
Session and Chapter or Number and Year.
\n
Short Title Extent of non-application 31 & 32 Vic., c. 119 Regulation of Railways Act, 1868 .
\n
Section 34.
\n
36 & 37 Vic., c. 48 The Regulation of Railways Act, 1873 .
\n
Sections 14 and 15.
\n
57 & 58 Vic., c. 54 The Railway and Canal Traffic Act, 1894.
\n
Sections 1, 3 and 4.
\n
11 & 12 Geo. V, c 55 The Railways Act, 1921 .
\n
Section 84, subsection (1), and the words “save as aforesaid” in subsection (2).
\n
No. 11 of 1933 The Road Traffic Act, 1933 .
\n
Section 120
\n
SEVENTH SCHEDULE.
\n
Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.
\n
Orders to which this Schedule applies.
\n
1.This Schedule applies to any order under Part IV or under paragraphs 2, 6, or 19 of the Eighth Schedule to this Act.
\n
Publication of notice of application.
\n
2.Where an application is made to the Minister for an order to which this Schedule applies— (a) the Minister shall require the applicant to publish, in such manner as the Minister may direct, notice of the application and as to the manner in which, and the time within which, objections and representations may be made to the Minister in relation to the application. (b) the Minister shall, before making the order, consider any objections or representations in relation to the application which may be duly made.
\n
Reference of applications to the Advisory Committee.
\n
3.Where an application is made to the Minister for an order to which this Schedule applies, the Minister, if he thinks fit, may refer the application to the Advisory Committee for their report and advice, and, in that case, the Minister shall, before making the order, consider the report and advice of the Advisory Committee.
\n
EIGHTH SCHEDULE.
\n
Miscellaneous Provisions as to Rates Applicable to the Company.
\n
Calculation of distance.
\n
1.In calculating the distance along the railway for the purpose of the charge for conveyance of any merchandise the Company shall not include any portion of its railway which may in respect of that merchandise be the subject of a charge for a station terminal.
\n
Calculation of charges on weight and measurement.
\n
2.(1) Unless otherwise agreed between the Company and the trader, all charges shall, so far as practicable, be based upon the gross weight of the merchandise when received by the Company determined according to the imperial avoirdupois weight, but, subject to the provisions of the Seventh Schedule to this Act, the Minister may, on the application of the Company or any interested person, by order specify any articles of merchandise upon which the charges may be calculated by reference to cubic capacity and prescribe the method by which the cubic contents for the purpose of charge is to be calculated.
\n
(2)Any order made by the railway tribunal for the purposes of paragraph 2 of the Sixth Schedule to the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and have effect as if it were an order made by the Minister under this paragraph.
\n
Terminal services at other than the Company's terminal places.
\n
3.Where merchandise conveyed in a separate truck is loaded or unloaded elsewhere than in a shed or building of the Company the Company may not charge to a trader any service terminal for the performance by the Company of any of the said services if the trader has requested the Company to allow him to perform the service for himself, and the Company has unreasonably refused to allow him to do so. Any dispute between the trader and the Company in reference to any service terminal charged to a trader who is not allowed by the Company to perform for himself the service shall be determined by the Minister.
\n
Charges for sidings and accommodation.
\n
4.Nothing in this Act shall prevent the Company from making and receiving, in addition to the charges authorised by this Act, charges and payments by way of rent or otherwise for sidings or other structural accommodation provided or to be provided for the private use of traders and not required by the Company for dealing with the traffic for the purposes of conveyance:
\n
Provided that the amount of such charges or payments shall be fixed by an agreement in writing signed by the trader or by some person duly authorised on his behalf or determined, in cases of difference, by the Minister.
\n
Charges for transhipment.
\n
5.In respect of merchandise received from or delivered to another railway company having a railway of a different gauge or interchanged between broad and narrow gauge sections of the Company's railway, the Company may make a reasonable charge for any service of transhipment performed by it, the amount of such charge to be determined in case of difference by the Minister.
\n
Charges for use of trucks.
\n
6.(1) The Company may charge for the use of trucks provided by it for the conveyance of merchandise, when the provision of trucks is not included in the rates for conveyance, such sums as the Minister may, subject to the provisions of the Seventh Schedule to this Act, by order, made on the application of the Company or any interested person, determine.
\n
(2)Where, for the conveyance of merchandise other than merchandise in respect of which the rates for conveyance do not include the provision of trucks, the Company does not provide trucks, the charge for conveyance shall be reduced by such sum as the Minister may by order, made on the application of the Company or any interested person, determine.
\n
(3)The Company shall not be required to provide trucks for the conveyance of merchandise in respect of which the provision of trucks is not included in the rate for conveyance, nor for the conveyance of lime in bulk or salt in bulk or any merchandise liable to injure trucks;
\n
Provided that any dispute between the Company and a trader as to whether any specific kind of merchandise is liable to injure trucks may be referred to the Minister, but on any such reference it shall lie on the trader requiring the merchandise to be carried to show that such merchandise will not injure the trucks.
\n
(4)Any order made by the railway tribunal for the purposes of paragraph 6 of the Sixth Schedule to the Railways Act, 1924 (No. 29 of 1924), and in force immediately before the establishment date shall continue in force and shall have effect as if it were an order made by the Minister under this paragraph.
\n
Charges when railway company conveying on railway of the Company.
\n
7.Subject to the provisions of this Act, any railway company conveying merchandise on the railway of the Company or performing any of the services for which rates or charges are authorised by this Act, shall be entitled to charge and make the same rates and charges as the Company are authorised to make.
\n
Dock and shipping charges.
\n
8.Nothing in this Act shall affect the right of the Company to make any charges which it is authorised by any statute to make in respect of any accommodation or services provided or rendered by the Company at or in connection with docks or shipping places.
\n
Provisions as to perishables.
\n
9.The following provisions and regulations shall be applicable to the conveyance of perishable merchandise by passenger train:— (a) The Company shall afford reasonable facilities for the expeditious conveyance of the articles classified as perishables, either by passenger train or other similar service: (b) Such facilities shall be subject to the reasonable regulations of the Company for the convenient and punctual working of its passenger train service, and shall not include any obligation to convey perishables by any particular train: (c) The Company shall not be under obligation to convey by passenger train, or other similar service, any merchandise other than perishables: (d) Any question as to the facilities afforded by the Company under these provisions and regulations shall be determined by the Minister.
\n
Charges for services not otherwise provided for.
\n
10.(1) The Company may charge a reasonable sum for the services hereunder mentioned, or any of them when rendered to a trader at his request or for his convenience:— (i) Services rendered by the Company at or in connection with sidings not belonging to the Company in respect of which no rate or charge is otherwise provided; (ii) The collection or delivery outside a terminal station of merchandise which is to be, or has been, carried by railway; (iii) Weighing merchandise; (iv) The detention of trucks or the use or occupation of any accommodation before or after carriage beyond such period as shall be reasonably necessary for enabling the Company to deal with merchandise as carriers thereof, or the consignor or consignee to give or take delivery thereof; or, in cases in which the merchandise is consigned to an address other than the terminal station, beyond a reasonable period from the time when notice has been delivered at such address that the merchandise has arrived at the terminal station for delivery and services rendered in connection with such use and occupation; (v) Loading or unloading, covering or uncovering, merchandise in respect of which no charge is provided; (vi) The use of coal drops; (vii) The provision by the Company of accommodation at a waterside wharf and special services rendered thereat by the Company in respect of loading and unloading merchandise into or out of vessels or barges where no special charge is prescribed by any statute, provided that the charge under this subparagraph shall, for the purpose of any disintegration of rate, be deemed to be a dock charge; (viii) Any accommodation or services provided or rendered by the Company within the scope of its undertaking, and in respect of which no provisions are made by this Schedule.
\n
(2)Any difference arising under this paragraph shall be determined by the Minister at the instance of either party, provided that where before any service is rendered, a trader has given notice in writing to the Company that he does not require it, the service shall not be deemed to be rendered at the trader's request or for his convenience.
\n
(3)Subject to the provisions of this paragraph, any charge hereunder made by the Company in accordance with an order of the Minister in force for the time being may be recovered by action in a court of law.
\n
Maximum rate for conveyance.
\n
11.The maximum rate for conveyance is the maximum rate which the Company may charge for the conveyance of merchandise by merchandise train and, subject to the exceptions and provisions specified in this Schedule, includes the provision of locomotive power and trucks by the Company and every other expense incidental to such conveyance not otherwise herein provided for.
\n
Maximum station terminal.
\n
12.The maximum station terminal is the maximum charge which the Company may make to a trader for the use of the accommodation (exclusive of coal drops) provided and for the duties undertaken by the Company, for which no provision is made in this Schedule at the terminal station for or in dealing with merchandise as carriers thereof before or after conveyance.
\n
Maximum service terminals.
\n
13.The maximum service terminals are the maximum charges which the Company may make to a trader for the following services when rendered to or for a trader, that is to say, loading, unloading, covering, and uncovering merchandise, which charges shall, in respect of each service, be deemed to include all charges for the provision by the Company of labour, machinery, plant, stores and sheets.
\n
Charge for fractions of a quarter of a hundredweight.
\n
14.Where a consignment by merchandise train is over three hundredweight, a fraction of a quarter of a hundredweight may be charged for as a quarter of a hundredweight.
\n
Charge for fractions of a mile.
\n
15.The Company may charge for a fraction of a mile as for a mile.
\n
Articles sent in large aggregate quantities.
\n
16.Articles sent in large aggregate quantities, although made up of separate parcels such as bags of sugar, coffee, and the like, shall not be deemed to be small parcels.
\n
Charge for quantities less than a truck load.
\n
17.For any quantity of merchandise less than a truck load which the Company either receive or deliver in one truck on or at a siding not belonging to the Company, or which from the circumstances in which the merchandise is tendered or the nature of the merchandise the Company is obliged or required to carry in one truck, the Company may charge as for a reasonable minimum load having regard to the nature of the merchandise. “terminal station” and “siding”.
\n
18.The term “terminal station” means a station or place upon the railway at which a consignment of merchandise is loaded or unloaded before or after conveyance on the railway, but does not include any station or junction at which the merchandise in respect of which any terminal is charged has been exchanged with, handed over to, or received from any railway company, or a junction between the railway and a siding let by or not belonging to the Company, or in respect of merchandise passing to or from such siding, any station with which such siding may be connected, or any dock or shipping place the charges for the use of which are regulated by statute.
\n
The term “siding” includes branch railways not belonging to a railway company.
\n
Revocation amendment of orders.
\n
19.Subject to the provisions of the Seventh Schedule to this Act, the Minister may, on the application of the Company or any interested person, by order revoke or amend any order made by him under paragraph 2 or paragraph 6 of this Schedule or any order continued in force by subparagraph (2) of the said paragraph 2 or subparagraph (4) of the said paragraph 6. “trader.”
\n
20.In this Schedule the word “trader” includes any person sending or receiving or desiring to send or receive merchandise by railway.
\n
NINTH SCHEDULE.
\n
Enactments Amended in their Application to the Company.
\n
Session and Chapter Short Title Nature of Amendment 11 Geo. 4 and 1 Will. 4, c. 68.
\n
The Carriers Act, 1830.
\n
In section one, the words “silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials” shall be repealed, and the word “twenty-five” shall be substituted for the word “ten.”
\n
In section two the word “twenty-five” shall be substituted for the word “ten.”
\n
The following new section shall be added after section 10:— “II. In this Act the expression ‘common carrier by land’ shall include a common carrier by land who is also a carrier by water, and as regards every such common carrier this Act shall apply to carriage by water in the same manner as it applies to carriage by land.”
\n
8 & 9 Vic., c. 20 The Railway Clauses Act, 1845 , as incorporated in any Act, whether passed before or after the passing of this Act.
\n
In section three after the words “The word ‘toll’ shall include any rate or charge or other payment payable under the special Act” there shall be inserted the words “or fixed by the Minister under the provisions of the Transport Act, 1944.”
\n
In section ninety-eight for the words “number or quantity of goods conveyed by any such carriage” there shall be substituted the words “full name and address of the consignee and such particulars of the nature, weight (inclusive of packing), and number of parcels or articles of merchandise handed to the company for conveyance as may be necessary to enable the company to calculate the charges therefor.”
\n
The following subsection shall be added at the end of section ninety-eight:— “(2) The company shall be entitled to refuse to convey any merchandise delivered to them for conveyance as aforesaid in respect of which the foregoing provisions of this section have not been complied with, or to examine, weigh or count the same and make such reasonable charge therefor as they think fit: “Provided that the company shall not refuse to convey the parcels or articles of merchandise handed to them for conveyance as aforesaid without giving the person an opportunity of having them weighed or counted upon payment of a reasonable charge.”
\n
17 & 18 Vic., c. 31 The Railway and Canal Traffic Act, 1854 .
\n
In section seven, for the words “for any horse fifty pounds, for any neat cattle per head fifteen pounds, for any sheep or pigs per head two pounds” there shall be substituted the words “for any horse one hundred pounds, for neat cattle per head fifty pounds, for any other animal five pounds.”
\n
TENTH SCHEDULE.
\n
Maximum Canal Charges.
\n
Part I.
\n
The Grand Canal.
\n
The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Rates, Tolls and Charges, No. 11 (Grand Canal) Order, 1894, (which said Order was confirmed by the Canal Rates, Tolls and Charges, No. 11 (Grand Canal) Order Confirmation Act, 1894), increased by— (a) as respects each rate or charge specified in the said Schedule in respect of returned empties, one hundred and fifteen per cent., (b) as respects each rate or charge specified in Part I of Table A of the said Schedule, one hundred and twenty-five per cent., (c) as respects each toll or wharfage charge in Part II of the said Table A, one hundred and ten per cent., (d) as respects each additional charge per parcel specified in Part IV of the said Table A, one hundred and twenty per cent.
\n
Part II.
\n
The Royal Canal.
\n
The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Tolls and Charges No. 10 (Lagan, etc., Canals) Order, 1894 (which said Order was confirmed by the Canals Tolls and Charges No. 10 (Lagan, etc., Canals) Order Confirmation Act, 1894), and applicable to the Royal Canal increased, except as regards the exceptional charges mentioned in Part II of the said Schedule, by one hundred and twenty-five per cent.
\n
Part III.
\n
The River Shannon Navigation.
\n
The maximum rates, tolls, dues and charges specified in the Schedule to the Canal Tolls and Charges No. 10 (Lagan, etc., Canals) Order, 1894 (which said Order was confirmed by the Canals Tolls and Charges No. 10 (Lagan, etc., Canals) Order Confirmation Act, 1894), and applicable to the River Shannon Navigation increased, except as regards the exceptional charges mentioned in Part II of the said Schedule, by one hundred and twenty-five per cent.
\n
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