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29 1924

RAILWAYS ACT, 1924

PART VI.

Baronially Guaranteed Railways.

Meaning of certain expressions.

62. —In this Part of this Act—

the expression “baronially guaranteed dividends” means the dividends on the paid-up share capital of included baronial railways which at the passing of this Act are guaranteed by certain baronies or parts of baronies in Saorstát Eireann under guarantees given under the Tramways and Public Companies (Ireland) Act, 1883, or any other Act or any Order in Council made under any such Act;

the expression “guaranteeing barony” means a barony or part of a barony by which baronially guaranteed dividends are guaranteed under any guarantee given under any such Act or Order in Council as aforesaid;

the expression “included baronial railway” means a railway or section of a railway the dividends on any part of the paid-up capital of which are baronially guaranteed dividends and which is to be included (whether by amalgamation or absorption) under the provisions of this Act in the undertaking of the amalgamated company.

Provisions in respect of baronial guarantees.

63. —(1) The Minister shall during each of the ten years mentioned in Part I. of the Ninth Schedule to this Act pay to the amalgamated company by equal half-yearly instalments out of monies to be provided by the Oireachtas the sum specified in the said Part I. of the said schedule as payable in each of such years respectively.

(2) The councils of the several counties mentioned in Part II. of the Ninth Schedule to this Act shall, during each of the years specified in the said Part II. in respect of the said counties respectively, pay to the Minister by equal half-yearly instalments on such dates as may be fixed by the Minister the sums specified in the said Part II. in respect of the said counties respectively, such sums being the amounts raised and paid by the said councils respectively for the period of account ended next before the 1st day of January, 1914, in respect of the liability of guaranteeing baronies in the county for baronially guaranteed dividends.

(3) The several sums to be paid to the Minister by the council of a county under the foregoing sub-section shall be raised by such council off the same areas and in the same proportions and manner as the sum paid by such council for the period of account ended next before the 1st day of January, 1914, in respect of the liability of guaranteeing baronies in the county for baronially guaranteed dividends was raised:

Provided that the Minister may, on the application of any such council and with the concurrence of the Minister for Local Government and Public Health, by order authorise such council to enlarge the area off which or to vary the proportions or manner in which the sums to be paid by such council to the Minister shall be raised.

(4) The liability (whether present, future, or contingent) of the several councils of counties in which guaranteeing baronies are situate in respect of baronially guaranteed dividends or the completion, working, or maintenance of included baronial railways under any guarantee given under the Tramways and Public Companies (Ireland) Act, 1883, or any other Act or any Order in Council made under any such Act shall cease as from the 31st day of December, 1924, but such cesser shall not prejudice or affect any such liability as aforesaid of any such council in respect of any period previous to the 1st day of January, 1925.

(5) The liability (whether present, future, or contingent) of the several included baronial railways to the Minister for Finance or the councils of counties in which guaranteeing baronies are situate under the Tramways and Public Companies (Ireland) Act, 1883, or under any other Act under the authority of which the dividends, completion, working, or maintenance of an included baronial railway are guaranteed, or under any Order in Council made under any such Act, shall cease as from the 31st day of December, 1924.

(6) The contingent liability (if any) of any amalgamating or absorbed company to the Minister for Finance or the Council of any county under the Tramways and Public Companies (Ireland) Act, 1883, or under any other Act under the authority of which the dividends, completion, working, or maintenance of the railway or any section thereof of such company are or were guaranteed or under any Order in Council made under any such Act, or under any judgment, decree or order founded on any such Act or Order shall cease as from the 31st day of December, 1924.

(7) No moneys shall be payable out of the Local Taxation Account under sub-section (4) of section 58 of the Local Government (Ireland) Act, 1898, to the council of any county for any period after the 31st day of December, 1924, in respect of any included baronial railway, and in lieu of such payments there shall be paid to the Minister out of the Local Taxation Account during each of the ten years mentioned in Part III. of the Ninth Schedule to this Act, the sum specified in the said Part III. of the said Schedule as payable in each of such years, respectively. The provisions of sub-section (5) of section 58 of the Local Government (Ireland) Act, 1898, shall not apply to any sum paid to the Minister under this sub-section.

Baronial railways vested in county councils.

64. —Where the undertaking of any included baronial railway and the property of any company connected with it have become the property of a grand jury or county council under provisions contained in an Order in Council pursuant to sub-section (2) of section 10 of the Tramways and Public Companies (Ireland) Act, 1883, then for the purpose of the application of Part I . of this Act to that included baronial railway—

(a) the shareholders for the time being of the company to which the said undertaking and property belonged immediately before the same became the property of the grand jury or county council, shall be deemed to be the proprietors of the said railway, and

(b) the consent of the county council shall not be necessary to any scheme for the absorption of the undertaking of the said railway by the amalgamated company.