Dublin and blessington steam tramway (abandonment) act, 1932

• Enactment Date: 22 July 1932
• Act Number: 13

Number 13 of 1932.
DUBLIN AND BLESSINGTON STEAM TRAMWAY (ABANDONMENT) ACT, 1932.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. The appointed day. 3. The Committee of Management. 4. Cesser of the undertaking. 5. Realisation of the property and assets of the undertaking. 6. Reversion of tramway to roadway. 7. Redemption of the guaranteed shares. 8. Advance for redemption of the guaranteed shares. 9. Cesser of liability under the guarantee. 10. Employment, remuneration, and dismissal of officers and servants. 11. Compensation of officers and servants. 12. Certain provisions consequential on the extension of Dublin City. 13. Disposal of unclaimed dividends. 14. Dissolution of the Company. 15. Payment of money into Court. 16. Short title.
FIRST SCHEDULE.
SECOND SCHEDULE.
Number 13 of 1932.
DUBLIN AND BLESSINGTON STEAM TRAMWAY (ABANDONMENT) ACT, 1932.
AN ACT TO PROVIDE FOR THE ABANDONMENT OF THE DUBLIN AND BLESSINGTON STEAM TRAMWAY AND TO MAKE PROVISION FOR MATTERS CONSEQUENTIAL ON OR ANCILLARY TO SUCH ABANDONMENT. [22nd July, 1932.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS :—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Industry and Commerce;
	the expression “the Commissioners” means the Commissioners of Public Works in Ireland;
	the expression “the Act of 1883” means the Tramways and Public Companies (Ireland) Act, 1883 ;
	the expression “the Order of 1887” means the Dublin and Blessington Steam Tramway Order, 1887;
	the expression “the Order of 1927” means the Dublin and Blessington Steam Tramway (Committee of Management) Order, 1927;
	the expression “the Dublin Council” means the Council of the County of Dublin;
	the expression “the Wicklow Council” means the Council of the County of Wicklow;
	the expression “the County Councils” means the Dublin Council and the Wicklow Council;
	the expression “the Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of the City of Dublin;
	the expression “the county borough” means the county borough of Dublin;
	references to the council of the county borough shall be construed as references to the Corporation;
	the expression “the guarantees” means the several guarantees given by virtue of the Order of 1887 and the respective presentments thereby confirmed;
	the expression “the Dublin guarantee” means the guarantee given by virtue of the Order of 1887 and the presentment of the Grand Jury for the County of Dublin thereby confirmed ;
	the expression “the guaranteeing area” means the several baronies and parts of baronies and the several parishes and townlands by which the payment of dividends on the guaranteed shares was guaranteed by the guarantees;
	the expression “the Company” means the Dublin and Blessington Steam Tramway Company;
	the expression “the Committee” means the Committee of Management appointed under the Order of 1927 and continued with modifications by this Act;
	the expression “the undertaking” means the undertaking authorised by the Order of 1887;
	the expression “the Interim Manager” means the manager appointed by the Dublin and Blessington Steam Tramway (Interim Management) Order, 1916;
	the expression “the guaranteed shares” means the shares of the Company the dividends on which were guaranteed by the guarantees.
	The appointed day.	2.—(1) The Minister may, by order made with the consent of the Minister for Finance, appoint a day to be the appointed day for the purposes of this Act.
	(2) In this Act the expression “the appointed day” means the day appointed under this section to be the appointed day.
	The Committee of Management.	3.—(1) The Committee of Management appointed under the Order of 1927 shall continue for the purposes of this Act, as well as for the purposes of that Order, but on and after the appointed day the membership of the said Committee shall be regulated by this section, and the Order of 1927 shall not apply in respect of such membership.
	(2) The Corporation may nominate three persons approved of by the Minister to be members of the Committee, and each of such three persons shall become and be a member of the Committee as on and from whichever of the following dates is the later, that is to say, the day on which his nomination as such member is approved of by the Minister or the appointed day.
	(3) No person shall be nominated under this section by the Corporation to be a member of the Committee unless he is a ratepayer in the county borough owning or occupying rateable lands or hereditaments of an annual value not less than ten pounds and situate in the portion of the guaranteeing area which is within the county borough.
	(4) Every person who is a member of the Committee on the appointed day or becomes a member thereof under this section on or after the appointed day shall hold office as such member until he resigns such office, or dies, or the Committee is dissolved under this section, whichever first happens.
	(5) Every vacancy in the membership of the Committee which shall exist on or occur after the appointed day by the resignation or death of a member shall be filled by the nomination by the Minister of a person to fill such vacancy.
	(6) Every person nominated by the Minister under this section shall have the same qualifications in respect of paying rates and owning or occupying land or hereditaments as were required by the Order of 1927 or this section to be held by the member whose resignation or death occasioned such vacancy.
	(7) The Committee may act after the appointed day notwithstanding one or more vacancies in its membership and notwithstanding any delay or failure by the Corporation to nominate all or any of the members of the Committee which the Corporation is entitled under this section to nominate.
	(8) When the Minister is satisfied that no functions remain to be performed by the Committee under the Order of 1927 or under this Act and that the Committee is no longer required for the purposes of that Order or of this Act, the Minister shall by order declare the Committee to be dissolved and thereupon the Committee shall become and be dissolved.
	Cesser of the undertaking.	4.—Notwithstanding anything contained in the Act of 1883, the Order of 1887, or the Order of 1927, the Committee shall, as on and from the appointed day, cease to maintain or work the undertaking.
	Realisation of the property and assets of the undertaking.	5.—(1) The Committee shall, as soon as conveniently may be after the appointed day, get in all debts and other moneys payable to the Committee in respect of the undertaking (including moneys payable to the Committee by the County Councils under the guarantees) and pay out of such moneys and any moneys in the hands of the Committee in relation to the undertaking on the appointed day all debts and other payments to the payment of which such moneys are properly applicable.
	(2) As soon as conveniently may be after the appointed day, the Committee shall, in such manner and at such time or times as they think fit, sell and convert into money all the property and assets of the undertaking (other than debts and moneys to which the next preceding sub-section of this section applies) and apply the proceeds of such sale and conversion to the following purposes and in the following order, that is to say:—
	(a) firstly, in discharging all debts due by the Committee in respect of the undertaking which are not discharged under the next preceding sub-section of this section;
	(b) secondly, in defraying the expenses incurred by the Committee in the execution of this Act;
	(c) thirdly, in paying the remuneration of the members of the Committee and the officers and servants of the Committee;
	(d) fourthly, in paying to the Dublin Council two-thirds of the surplus of the said proceeds remaining after making the payments hereinbefore mentioned and in paying to the Wicklow Council one-third of the said surplus.
	(3) The Dublin Council shall pay to the Corporation such proportion of all moneys paid to the Dublin Council by the Committee under the next preceding sub-section of this section as shall be agreed upon by the Dublin Council and the Corporation or, in default of such agreement, shall be fixed by the Minister for Local Government and Public Health.
	(4) The County Councils and the Corporation may each, with the sanction of the Minister for Local Government and Public Health, offer or bid for and purchase for any purpose for which they are authorised to acquire land any land offered for sale by the Committee in pursuance of this section which is situate within their county or the county borough, as the case may be.
	(5) The County Councils and the Corporation shall each of them execute at the expense of the Committee such conveyances of property of the undertaking sold by the Committee under this Act as shall reasonably be required by the respective purchasers of such property or by the Committee.
	(6) For the purposes of this section all property and assets of the Company which became the property of the County Councils by virtue of sub-section (2) of section 10 of the Act of 1883 and the Order of 1887 and was not disposed of by the Committee before the appointed day and all property acquired and on the appointed day still held by the Committee shall be deemed to be the property and assets of the undertaking.
	Reversion of tramway to roadway.	6.—(1) In this section the word “tramway” means land which was portion of a public road immediately before the commencement of the undertaking and is on the appointed day appropriated to the purpose of the undertaking by reason of the...