Kingstown Harbour Act 1836
| Jurisdiction | UK Non-devolved |
| Citation | 1836 c. 117 |
(6 & 7 Will. 4) C A P. CXVII.
[20th August 1836]
'WHEREAS by an Act passed in the Fifty-fifth Year of the Reign of KingGeorge the Third, intituled Dunleary,within the Port and Harbour of Dublin, the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being are authorized from Time to Time to appoint fit Persons, as therein mentioned, to be Commissioners for the Purposes of the said Act: And whereas by an Act passed in the Fifty-sixth Year of the Reign of the said King, intituled Dunleary,within the Port of Dublin, and also by another Act passed in the First Year of the Reign of King George the Fourth, intituled Dunleary,within the Port of Dublin, and to provide for the Erection of a Western Pier to the said Harbour of Dunleary, certain Powers and Authorities were and are vested in the said Commissioners appointed or to be from Time to Time appointed under the said first-mentioned Act, in respect to the Erection of the said Harbour and the Execution of other Works connected therewith, which said Harbour is now in course of Erection, but is still unfinished: And whereas by an Act passed in the Twenty-sixth Year of the Reign of King George the Third, intituled Dublin,by rendering its Port and Harbour more commodious, and by a certain other Act passed in the Thirty-second Year of the Reign of the same King, intituled Anna Liffeyin the City of Dublin, and for amending an Act passed in the Twenty-sixth Year of His Majesty's Reign, intituled 'An Act for promoting the Trade of Dublin, by rendering the Port and Harbour more commodious,' certain Powers and Authorities are given to the Corporation for preserving and improving the Port of Dublin relative to the supplying of Ships and other Vessels in the Port and Harbour of Dublin with Ballast, and the Collection of certain Rates and Dues for the same, and also relative to the Improvements of the old Harbour of Dunleary, and other Purposes connected with the proper Superintendence and Management of the same: And whereas it is expedient that the several Rights, Powers, and Authorities so vested in the said Corporation in and over that Part of the Port of Dublin which is now or shall hereafter be comprised in and occupied by the said new Harbour now in course of Erection, and also in and over the further Space of Five hundred Yards beyond the Entrance thereof, and also in and over the said old Harbour of Dunleary, should cease and determine, and that the said Two Harbours should be for ever hereafter to all Intents and Purposes One Harbour, under the Name and Style of ‘Kingstown Harbour,’ and that the exclusive Superintendence, Control, and Management of the same, together with similar and more extensive Powers, should be permanently vested in the Commissioners now or from Time to Time here-after to be appointed under the said Act of the Fifty-fifth Year of the Reign of KingGeorge the Third:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much and such Part of the said Act of the First Year of the Reignof KingGeorge the Fourth as enacts, that when the said new Harbour now in course of Erection should be completed it should from thenceforth be vested in the said Corporation for preserving and improving the Port of Dublin, and supported in the Manner therein provided, shall be and the same is hereby repealed.
II All Ground or other Property in or about the old Harbour of Dunleary belonging to the Corporation for preserving and improving the Port of Dublin, transferred to the Commissioners of Kingstown Harbour.
II. And be it further enacted, That from and after the passing of this Act all the Ground or other Property which is now vested in or belongs to the said Corporation for preserving and improving the Port ofDublin in or about the said old Harbour of Dunleary, and the Piers, Wharfs, and Quays thereof or in any Manner connected therewith, shall be and the same are hereby transferred to and vested in the Commissioners now or hereafter to be appointed under the said Act of the Fifty-fifth Year of the Reign of King George the Third, subject nevertheless to the Payment or Performance of any Rent or Covenant to the Payment or Performance of which the said Corporation may be liable in respect of such Lands, in like Manner to all Intents and Purposes as if the said Commissioners had been originally liable thereto instead of the said Corporation; and the said Commissioners shall, from and after the passing of this Act, be and become liable to all such Rents and Covenants, and the said Corporation shall be and are hereby exonerated and discharged therefrom.
III All Rights, &c. of the Corporation for preserving and improving the Port of Dublin in respect to old Dunleary or Kingstown Harbour to cease, and to become vested in the Commissioners of Kingstown Harbour;
III. And be it enacted, That from and after the passing of this Act all the Powers and Authorities, Rights and Privileges given to the said Corporation in and by the said recited Acts of the Twenty-sixth and Thirty-second Years of the Reign of KingGeorge the Third or either of them, or in or by any Act or Acts in force in Ireland relating to the Supply or Discharge of Ballast to or from Ships or other Vessels within said old Harbour of Dunleary, or within the said new Harbour now in course of Erection, or within the Space of Five hundred Yards beyond the Entrance thereof, and the Charge of Rates and Dues for such Ballast, and also relative to the collecting and levying of any Rates or Entries on Ships or Vessels, or Boats, Wherries, or other Bottoms, resorting to or frequenting the said Harbours or either of them, or relative to any other Matter, Thing, or Purpose connected with the said Harbours or either of them, or the said Space of Five hundred Yards, except as herein-after provided, shall from and after the passing of this Act absolutely cease and determine, and that like Powers and Authorities, so far as the same are consistent with the Provisions of this Act, shall become vested in and lawfully exercised by the said Commissioners now or from Time to Time hereafter to be appointed under the said Act of the Fifty-fifth Year of the Reign of King George the Third.
IV except those relative to Lighthouses and Pilots.
IV. Provided always, and it is hereby enacted, That nothing in this Act contained shall extend or shall be construed to extend to take away, abridge, or in any Manner interfere with the Powers and Authorities now vested in the said Corporation for preserving and improving the Port ofDublin with respect to Lighthouses and Pilots within the said Two several Harbours and the Space of Five hundred Yards, but that all such Powers and Authorities shall remain and continue to be vested in the said Corporation in as full Force and Effect to all Intents and Purposes as if this Act had not been made.
V Recited Acts to remain in force, and to apply to old Dunleary Harbour.
V. And be it further enacted, That the said recited Acts of the Fifty-sixth Year of the Reign of KingGeorge the Third and of the First Year of the Reign of King George the Fourth, and all the Provisions and Clauses therein contained, shall be and continue in full Force and Effect, except so far as the same are altered, amended, or repealed by this Act, and that the said Acts and all the Provisions thereof shall also apply so far as the same are applicable to the said old Harbour of Dunleary.
VI The old Harbour of Dunleary and the new Harbour to constitute but One Harbour, under the Title of ‘Kingstown Harbour.’
VI. And be it further enacted, That the said old Harbour ofDunleary, and the said new Harbour now in course of Erection, shall constitute and be to all Intents and Purposes but One Harbour, under the Name and Title of ‘Kingstown Harbour,’ and that all the Provisions herein-after contained in this Act shall be deemed or taken, so far as the same are applicable, to extend and apply to the said Two Harbours so included under the said Name and Title of ‘Kingstown Harbour;’ and that the Term ‘Commissioners of Kingstown Harbour,’ in the subsequent Provisions of this Act, shall be understood to mean the Commissioners now or from Time to Time hereafter to be appointed under the said Act of the Fifty-fifth Year of the Reign of King George the Third.
VII Commissioners may supply all Ships in Kingstown Harbour with Ballast, and assist in the Discharge of Ballast from all Ships.
VII. 'And whereas it is expedient that the Powers and Authorities hitherto possessed by the said Corporation for preserving and improving of the Port ofDublin in respect to supplying Ballast to Ships and other Vessels in said Kingstown Harbour, and discharging Ballast from the same, at certain Rates and Charges, and by this Act transferred to and vested in the said Commissioners of Kingstown Harbour, should be more explicitly defined, and that the said Commissioners should...
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