First Previous (LOCAL GOVERNMENT (DUBLIN) ACT, 1930) Next (PART II. The Administration of the City and the Borough.)

27 1930

LOCAL GOVERNMENT (DUBLIN) ACT, 1930

PART I.

Reorganisation of Administrative Areas.

Inclusion of certain urban districts in the city.

2. —(1) On the appointed day the respective councils of the several added urban districts and also the Rathmines and Pembroke Joint Hospital Board and the Rathmines and Pembroke Main Drainage Board shall be dissolved and cease to exist, and thereupon the City Corporation shall become and be the successor of the said bodies respectively, and accordingly references in this Act to the successor of the said bodies or any of them shall be construed as referring to the City Corporation.

(2) On the appointed day the respective areas of the several added urban districts shall be detached from the county and from the jurisdiction and powers of the County Council and shall be added to the Existing City, and thenceforward the said areas shall be included in and form part of the city for all purposes and the boundary of the city shall be extended accordingly.

Formation of the Borough of Dun Laoghaire.

3. —(1) On the appointed day the respective councils of the several coastal urban districts and also the Blackrock and Kingstown Main Drainage Board shall be dissolved and cease to exist, and thereupon the Borough Corporation shall become and be the successor of the said bodies respectively, and accordingly references in this Act to the successor of the said bodies or any of them shall be construed as referring to the Borough Corporation.

(2) The Dalkey Urban District Council (Dissolution) Order, 1930, whereby the Council of the Urban District of Dalkey was dissolved under section 72 of the Act of 1925, shall remain in force until the appointed day and shall then cease to have effect, and thereupon the said Council shall be and thenceforward continue to be dissolved by virtue of the foregoing sub-section of this section and the Borough Corporation shall become and be the successor of the persons who, immediately before the appointed day, are performing the duties of the said Council.

(3) On the appointed day the respective areas of the several coastal urban districts shall become and thenceforward be collectively a municipal borough by the name of “the Borough of Dun Laoghaire,” being a part of the county.

(4) On the appointed day the inhabitants of the borough and their successors shall become and be one body politic and corporate by the name of “The Corporation of Dun Laoghaire,” with perpetual succession and a common seal.

(5) The Borough Corporation shall have the power, authority, immunities and privileges usually vested by law in the corporation of a municipal borough and the Municipal Corporations (Ireland) Act, 1840, and any Act amending or extending the same or otherwise relating to municipal corporations shall extend to the Borough and the Borough Corporation.

(6) The law in force at the passing of this Act in relation to the councils of boroughs shall, in so far as it is not inconsistent with this Act, apply to the Borough Corporation and for that purpose the Borough Corporation shall be deemed to be the council of a borough.

(7) For the purposes of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Acts, 1925 and 1927 and the purposes of the Local Government (Ireland) Acts, 1898 to 1919, as similarly amended, the Borough shall be an urban district and also an urban sanitary district and the Borough Corporation shall be the sanitary authority of such urban sanitary district.

Transfer of property of abolished bodies.

4. —(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for any of the abolished bodies and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the successor of such abolished body for all the estate, term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for such abolished body, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) All property transferred by this section which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of any of the abolished bodies shall, upon the request of the successor of such abolished body made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of such successor.

(3) On and after the appointed day every chose-in-action transferred by this section from an abolished body to the successor of such abolished body may be sued upon, recovered, or enforced by such successor in its own name and it shall not be necessary for such successor to give notice to the person bound by such chose-in-action of the transfer effected by this section.

Transfer of liabilities of abolished bodies.

5. —(1) Every debt and other liability (including stock and mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by any of the abolished bodies shall, on the appointed day, become and be the debt or liability of the successor of such abolished body and shall be paid or discharged by and may be recovered from or enforced against such successor accordingly.

(2) Every debt the liability for which is transferred by this section and which is immediately before the appointed day charged on a rate leviable by or on the revenues or any part of the revenues of any of the abolished bodies shall, on and after the appointed day, be charged on the municipal fund and the municipal rate of the successor of such abolished body in like manner as it was previously charged on the said rate leviable by or on the revenues or part of the revenues of such abolished body.

(3) The abolition of an abolished body shall not invalidate or affect any paying order which may have been issued by such abolished body and not presented for payment before the appointed day, nor any authority given by such abolished body for the payment of the amount of such paying order, and the successor of such abolished body shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the appointed day.

Transfer of special powers of abolished bodies.

6. —(1) Every power, right, privilege, and authority conferred on or vested in any of the abolished bodies, either alone or jointly with another abolished body or any other body, by or under any statute or by contract, agreement, or licence (not being a power, right, privilege, or authority arising under general statutory or other law by reason merely of such abolished body being a corporate body or an urban district council or a sanitary authority) and in existence immediately before the appointed day shall, on the appointed day, become and be transferred to and vested in the successor of such abolished body and shall thenceforth be exercisable by such successor accordingly, either alone or jointly as the case may require.

(2) Where two or more abolished bodies having the same successor are, immediately before the appointed day, each possessed of a power, right, privilege, or authority in relation to the same subject matter and such powers, rights, privileges, or authorities are both transferred by this section to such successor then, if such powers, rights, privileges or authorities were exercisable by such abolished bodies jointly, they shall merge in such successor and become a single power, right, privilege, or authority, but, if such powers, rights, privileges, or authorities were exercisable by such abolished bodies severally and separately, they shall be cumulative in such successor and shall be exercisable by such successor as separate powers, rights, privileges, or authorities.

Preservation of continuing contracts.

7. —Every bond, guarantee, or other security of a continuing character made or given by any of the abolished bodies to another person or by any person to any of the abolished bodies and in force immediately before the appointed day and every contract or agreement in writing made between any of the abolished bodies and another person and not fully executed and completed before the appointed day shall, notwithstanding the dissolution of such abolished body, continue in force on and after the appointed day but shall be construed and have effect as if the name of the successor of such abolished body were substituted therein for the name of such abolished body, and such security contract, or agreement shall be enforceable by or against such successor accordingly.

Continuance of bye-laws, etc.

8. —(1) Every bye-law, rule, and regulation lawfully made by any of the abolished bodies and in force immediately before the appointed day shall, on and after that day and so far as it is not inconsistent with this Act, continue in force and have effect as a bye-law, rule, or regulation (as the case may be) made on the appointed day by the successor of such abolished body for the residue then unexpired of the period and in respect of the area for and in respect of which the same was actually made by such abolished body, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the appointed day may be recovered and enforced by such successor in the like manner and as fully as the same could have been continued, varied, revoked, recovered, or enforced by such abolished body if this Act had not been passed.

(2) No bye-law, rule, or regulation in force in the Existing City immediately before the appointed day shall apply or be extended to the area of an added urban district merely by virtue of the inclusion of such area in the City by this Act, but the City Council may at any time by resolution extend and apply any such bye-law, rule, or regulation to the area of either or both of the added urban districts, and, upon any such extension being so made, any bye-law, rule, or regulation continued in force in such area by this section which is inconsistent with the bye-law, rule, or regulation so extended shall cease to have affect in such area.

Continuance of resolutions, etc.

9. —Every resolution passed, order made, and notice served by any of the abolished bodies before the appointed day the operation, effect, or term of which has not ceased or expired before that day shall, on and after the appointed day and so far as is not inconsistent with this Act, continue in force and have effect as if it were a resolution passed, order made, or notice served by the successor of such abolished body on the date on which the same was actually passed, made, or served by such abolished body and as if such successor were on the last-mentioned date already the successor of such abolished body.

Continuance of pending legal proceedings.

10. —In every action, suit, prosecution or other proceeding which is pending on the appointed day in any court or tribunal and to which an abolished body is a party, the successor of such abolished body shall on the appointed day become and be a party in the place of such abolished body and such proceeding shall be continued between such successor and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such abolished body.

Collection of rates due or accruing to abolished bodies.

11. —(1) All rates which immediately before the appointed day are due and payable to any abolished body shall on and after the appointed day be due and payable to and may be collected and recovered by or on behalf of the successor of such abolished body in like manner as they could have been collected or recovered by or on behalf of such abolished body if it had not been dissolved.

(2) All rates which immediately before the appointed day are accruing due to any abolished body shall on and after the appointed day accrue and be deemed always to have accrued due to the successor of such body and when any such rate becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor in like manner as it could have been collected or recovered by or on behalf of such abolished body if such body had not been dissolved.

(3) Every rate collector of the council of an added urban district or a coastal urban district who is in office as such rate collector immediately before the appointed day shall, on and after the appointed day, unless or until the successor of such council otherwise directs, collect and recover on behalf of such successor all rates which immediately before the appointed day were due and payable to or were accruing due to such council and had been given in charge to him for collection.

Admissibility in evidence of books of abolished bodies.

12. —(1) All books and other documents directed or authorised by or under any statute to be kept by any of the abolished bodies and which, immediately before the appointed day, would be receivable in evidence shall, notwithstanding the dissolution of such abolished body, be admitted in evidence after the appointed day as fully as if this Act had not been passed.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute to be kept by any of the abolished bodies would, if verified in a particular manner by a particular officer of such abolished body, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the successor of such abolished body corresponding to such particular officer, be admitted, on or after the appointed day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been passed.

Audit of accounts of abolished bodies.

13. —(1) The accounts of all receipts and expenditure of the several abolished bodies and of committees thereof and of the respective officers of such bodies and committees up to the appointed day shall, as soon as conveniently may be after that day, be audited and disallowances, surcharges, charges and penalties in relation to such accounts, receipts, and expenditure shall be made, recovered and enforced in like manner as nearly as may be as if this Act had not been passed.

(2) Every officer of any of the abolished bodies or of any committee thereof whose duty it is to make up any accounts of or to account for any portion of the receipts or expenditure of such abolished body and also every member of any such abolished body or committee shall, until the audit of the accounts of such receipts and expenditure up to the appointed day is completed, be deemed for the purposes of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as if this Act had not been passed.

Officers of abolished bodies.

14. —(1) Every person who is, on the day before the appointed day an officer of an abolished body shall, on the appointed day, be transferred to the service of the successor of such abolished body and become and be an officer of such successor.

(2) Every person who is, immediately before the appointed day, an officer of a committee of an abolished body shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer of such abolished body.

Preservation of contracts of service with abolished bodies.

15. —Every contract of service express or implied which is in force immediately before the appointed day between an abolished body and any person not being an officer of such abolished body shall continue in force on and after the appointed day, but shall be construed and have effect as if the successor of such abolished body were substituted therein for such abolished body, and every such contract shall be enforceable by or against such successor accordingly.

Transfer of county charges from coastal urban districts to the Borough.

16. —(1) On and after the 1st day of April, 1931, any portion of the expenses of the County which, but for the passing of this Act, would have been charged on the area of a coastal urban district shall be charged on the area of the Borough.

(2) All balances existing on the 1st day of April, 1931, in favour of or against any coastal urban district in the accounts of the County Council shall on the said date be transferred to the credit or debit respectively of the Borough.

Inclusion of certain rural areas in the City.

17. —On the 1st day of April, 1931, the added rural area shall be detached from the County and from the jurisdiction and powers of the County Council and of the Board of Health and shall be added to the City, and thenceforward the said area shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.

Preparation of official maps.

18. —(1) As soon as may be after the passing of this Act the Commissioner of Valuation shall prepare in duplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in suitable manner approved by the Minister the added rural areas as described in the First Schedule to this Act, the added urban districts, and the Existing City, and shall seal both duplicates of such map and shall deposit one of such duplicates in his principal office in the City and shall deposit the other of such duplicates in the offices of the City Corporation.

(2) The said maps when so deposited in the said offices of the said Commissioner and the City Corporation respectively shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner and the City Corporation respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.

(3) It shall be the duty of the said Commissioner and of the City Corporation respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this section and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the boundaries (so far as the same are shown on such copy) of the areas comprised in the added rural area and in the added urban districts respectively, notwithstanding (in the case of the added rural area) any discrepancy between such copy and the description contained in the First Schedule to this Act or any ambiguity or uncertainty in such description or in the application thereof.

Financial adjustments between County Council and City Corporation.

19. —(1) The County Council and the City Corporation may, from time to time as occasion requires, make by mutual agreement an equitable adjustment (in this section referred to as an agreed adjustment) in regard to any matter or thing requiring to be adjusted between the County Council or the Board of Health and the City Corporation in consequence of the inclusion of the added urban districts or the added rural area in the city and not otherwise provided for by this Act and in particular may make such agreed adjustment in regard to property, whether real or personal (including choses-in-action) vested in or belonging to or held in trust for the County Council or the Board of Health and wholly or partly situate in or relating to the added rural area or any particular portion thereof and in regard to debts and liabilities (including mortgage debts, charges created by statute, accruing and prospective liabilities and unliquidated liabilities arising from torts or breaches of contract) due and unpaid or incurred and undischarged by the County Council or the Board of Health and relating wholly or in part to the added rural area or any particular portion thereof.

(2) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or the Board of Health (as the case may be) or for the transfer of such property to the City Corporation or for the joint user of such property by the County Council or the Board of Health (as the case may be) and the City Corporation and may also provide for the payment of money, in one or more instalments, by or to the County Council or the Board of Health (as the case may require) to or by the City Corporation on account of the retention, transfer, or joint user of such property.

(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the County Council or the Board of Health (as the case may be) or for the whole of such debt or liability being borne by the City Corporation or (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the County Council or the Board of Health (as the case may be) and the City Corporation and may also provide for the payment of money, in one or more instalments, to or by the County Council or the Board of Health (as the case may require) by or to the City Corporation in respect of such debt or liability.

(4) An agreed adjustment may provide for the payment by the City Corporation to the County Council in one or more instalments or by way of annuity of a sum in respect of the increase (if any) of burden which will properly be thrown on the ratepayers of the County in meeting the cost incurred by the County Council in the execution of any of their powers and duties as a consequence of the extension of the boundaries of the City by this Act, but in the fixing of the amount of any such sum and the method of payment thereof the following provisions shall be observed, that is to say:—

(a) regard shall be had to the difference between the burden on the ratepayers of the County which will properly be incurred by the County Council in meeting the cost of executing any of their powers and duties and the burden on such ratepayers which would properly have been incurred if the boundaries of the City had not been extended by this Act;

(b) regard shall also be had to the length of time during which such increase of burden may be expected to continue;

(c) if such sum is made payable in one instalment the amount thereof shall not exceed ten times the average annual amount of such increase of burden;

(d) if such sum is made payable in two or more instalments or by way of annuity, the capitalised value of such instalments or annuity shall not exceed ten times the average annual amount of such increase of burden.

(5) An agreed adjustment may provide for the payment by the City Corporation to the County Council in one or more instalments or by way of annuity of a sum in respect of the loss of benefit which will be occasioned to the inhabitants of the County as a consequence of the extension of the boundaries of the City by this Act in the case of any benefit which is limited by a restriction on the amount in the pound of the rate which can be raised for the provision of such benefit and the following provisions shall have effect in regard to every sum the payment of which is provided for under this sub-section, that is to, say:—

(a) every payment received by the County Council in respect of any such sum shall be applied towards the provision of the benefit in respect of which it is paid, and

(b) no such sum shall be taken into account when calculating the amount in the pound which can be raised for providing the benefit in respect of which such sum is paid nor shall the payment of such sum restrict or affect the said amount in the pound.

(6) The County Council shall not make an agreed adjustment in regard to any property, debt, or liability of the Board of Health without previous notice to and consultation with the Board of Health.

(7) Whenever the County Council and the City Corporation fail to agree upon an equitable adjustment of any matter or thing which could be the subject of an agreed adjustment under this section, the Minister shall, upon the request of either the County Council or the City Corporation and after holding such (if any) local inquiry as he may think proper, make an equitable adjustment (in this section referred to as a compulsory adjustment) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this section have been made by an agreed adjustment.

(8) Every agreed adjustment and every compulsory adjustment made under this section shall have effect according to the terms thereof and shall be enforceable by the City Corporation and the County Council respectively against the other of them accordingly.

Officers whose duties relate to the added rural area.

20. —(1) Not later than the 30th day of September, 1930 the County Council shall prepare and transmit to the City Corporation, the Board of Health, and the Minister a scheme setting out—

(a) the officers and servants of the County Council and the Board of Health respectively whose duties relate wholly or in part to the added rural area or any particular portion thereof and whom the County Council propose should be transferred on the 1st day of April, 1931 to the service of the City Corporation, and

(b) the several payments which the County Council propose should be made by them or by the Board of Health to the City Corporation in respect of the superannuation rights of each officer proposed by the scheme to be transferred to the service of the City Corporation, and

(c) the several payments which the County Council propose should be made by the City Corporation to the County Council or to the Board of Health in respect of the superannuation rights of officers of the County Council and the Board of Health respectively whose duties relate at the date of the scheme, wholly or in part to the added rural area and who are not proposed by the scheme to be transferred to the Corporation.

(2) The City Corporation and the Board of Health may each submit, on or before the 31st day of December, 1930 to the Minister a statement of the alterations (whether by addition, omission, or variation) which they respectively propose should be made in the said scheme prepared under the foregoing sub-section.

(3) As soon as may be after the 31st day of December, 1930 the Minister shall confirm the said scheme with such (if any) alterations (whether by addition, omission, or variation) as he may think fit to make therein.

(4) The scheme confirmed by the Minister under this section shall have effect as on and from the 1st day of April, 1931 and accordingly every officer or servant proposed in the scheme as so confirmed to be transferred from the service of the County Council or the service of the Board of Health to the service of the City Corporation shall be so transferred on the 1st day of April, 1931 and shall on that day become and be an officer or servant respectively of the City Corporation.

(5) Every person who is immediately before the appointed day an officer or servant of a committee of the County Council shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer or servant (as the case may be) of the County Council, and every person who is immediately before the appointed day an officer or servant of a committee of the Board of Health shall, for the purposes of this Act and in particular for the purposes of this section, be deemed to be an officer or servant (as the case may be) of the Board of Health.

Bye-laws etc. in the added rural area.

21. —(1) Every bye-law, rule, and regulation lawfully made by the County Council, the Board of Health, or a rural district council and in force immediately before the 1st day of April, 1931 in the added rural area or any part thereof shall, on and after the said 1st day of April, 1931 and so far as it is not inconsistent with this Act, continue in force and have effect in the added rural area or the said part thereof as a bye-law, rule, or regulation (as the case may be) made by the City Corporation on the 1st day of April, 1931 for the residue then unexpired of the period and in respect of the area or so much of the area as is within the added rural area for and in respect of which the same was actually made, and accordingly every such bye-law, rule, and regulation may be continued, varied, or revoked and penalties and forfeitures arising thereunder on or after the said 1st day of April, 1931 in the added rural area may be recovered and enforced by the City Corporation in the like manner and as fully as the same could have been continued, varied, revoked, recovered or enforced by the County Council, the Board of Health, or such rural district council (as the case may be) if this Act had not been passed.

(2) No bye-law, rule, or regulation in force in the Existing City immediately before the appointed day shall apply or be extended to the added rural area merely by virtue of the inclusion of such area in the City by this Act, but the City Council may at any time by resolution extend and apply any such bye-law, rule, or regulation to the added rural area, and, upon any such extension being so made, any bye-law, rule, or regulation continued in force in such area by this section which is inconsistent with the bye-law, rule, or regulation so extended shall cease to have effect in such area.

Resolutions, etc. relating to the added rural area.

22. —Every resolution passed, order made, and notice served by the County Council, the Board of Health, or a rural district council before the 1st day of April, 1931 in relation to the added rural area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before that date shall, on and after the said 1st day of April, 1931 and so far as it is not inconsistent with this Act, continue in force and have effect in so far as it relates to the added rural area or any part thereof or anything done or to be done therein as if it were a resolution passed, order made, or notice served by the City Corporation on the date on which the same was actually passed, made, or served by the County Council, the Board of Health, or such rural district council (as the case may be) and as if the added rural area were on the last-mentioned date already included in the City.

Coroners and under-sheriffs and Jurors Books in the City and County.

23. —(1) So long as the person who, at the passing of this Act, holds the office of coroner of North County Dublin continues to hold that office, his area of jurisdiction as such coroner shall continue as if this Act had not been passed, but upon his ceasing by death or otherwise to hold his said office so much of the added rural area as is included in his said area of jurisdiction shall, on such cesser or on the 1st day of April, 1931 (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner of the City.

(2) So long as the person who, at the passing of this Act, holds the office of coroner of South County Dublin continues to hold that office, his area of jurisdiction as such coroner shall continue as if this Act had not been passed, but upon his ceasing by death or otherwise to hold his said office—

(a) the added urban districts shall, on such cesser or on the appointed day (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner of the City, and

(b) so much of the added rural area as is included in his said area of jurisdiction shall, on such cesser or on the 1st day of April, 1931 (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the coroner of the City, and

(c) if and whenever, on or after such cesser or the appointed day (whichever is the later), there is a coroner duly appointed for the Borough, the Borough shall be detached from the area of jurisdiction of the coroner of South County Dublin.

(3) So long as the person who, at the passing of this Act, holds the office of under-sheriff of the County of Dublin continues to hold that office, his area of jurisdiction as such under-sheriff shall continue as if this Act had not been passed, but upon his ceasing by death or otherwise to hold his said office—

(a) the added urban districts shall, on such cesser or on the appointed day (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the under-sheriff or county registrar (as the case may require) of the City, and

(b) the added rural area shall, on such cesser or on the 1st day of April, 1931 (whichever is the later), be detached from his said area of jurisdiction and be added to and thenceforward included in the area of jurisdiction of the under-sheriff of the City.

(4) The following provisions shall have effect in the City and the County in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the City or the County, that is to say:—

(a) until the 1st day of April, 1931, and thereafter until either the jurors book in force on that day in the Existing City or the jurors book in force on that day in the County (including the added urban districts and the added rural area) becomes exhausted, the law in force immediately before the passing of this Act shall continue in force and be observed as if this Act, and in particular the foregoing sub-section of this section and the provisions extending the boundaries of the City, had not been passed, and

(b) when and so soon as one of the said jurors books becomes exhausted after the 1st day of April, 1931, the other of the said jurors books shall be deemed to have become exhausted and new jurors books shall forth-with come into force in the City and the County, and

(c) notwithstanding anything contained in this sub-section, one of such new jurors books shall be prepared as a jurors book for the City as extended by this Act, and the other of such new jurors books shall be prepared as a jurors book for the County, exclusive of the added urban districts and the added rural area, and

(d) immediately upon such new jurors books coming into force the provisions of this Act shall have effect and thenceforward be observed, save that so long as there is an under-sheriff for the City such under-sheriff shall be the empanelling officer within the meaning of the Juries Act, 1927 (No. 23 of 1927), for the whole City as extended by this Act, and so long as there is an under-sheriff for the County such under-sheriff shall be the empanelling officer within the meaning aforesaid for so much only of the County as is not included in the City by this Act.

Provisions in relation to transferred officers.

24. —(1) In this section—

the expression “transferred officer” means and includes an officer who is transferred by or under this Part of this Act either from the service of an abolished body to the service of the successor of such abolished body or from the service of the County Council or of the Board of Health to the service of the City Corporation;

in relation to an officer so transferred from the service of an abolished body, the expression “the predecessor” means the abolished body from whose service he was so transferred, and the expression “the successor” means the successor of such abolished body;

in relation to an officer so transferred from the service of the County Council or of the Board of Health, the expression “the predecessor” means the County Council or the Board of Health as the case may require, the expression “the successor” means the City Corporation, and the expression “the appointed day” means the 1st day of April, 1931.

(2) Every transferred officer shall, on and after the appointed day until he is continued, appointed, or removed under or by the subsequent provisions of this section, perform in the service of the successor either (as the circumstances may require) the like duties as he performed in the service of the predecessor or such duties as the successor shall direct in relation to the transfer to the successor of the functions of the predecessor and the winding-up of the business of his own office, and until he is so continued, appointed, or removed as aforesaid he shall be entitled to the same salary and emoluments and (so far as circumstances admit) the same conditions of service as were attached to his employment in the service of the predecessor immediately before the appointed day.

(3) Every transferred officer shall, within two years after the appointed day, either—

(a) be continued by the successor in the office he held immediately before the appointed day or in an analogous office with analogous duties, or

(b) be appointed according to law and with his consent to an office in the service of the successor, or

(c) be removed from office by the successor.

(4) Every dispute as to whether an office is analogous to another office or as to whether the duties of an office are analogous to the duties of another office shall be determined by the Minister whose decision shall be final.

(5) Every transferred officer who is not continued, appointed, or removed under the foregoing provisions of this section within two years after the appointed day, shall at the expiration of such two years be removed from office by virtue of this sub-section.

(6) Every transferred officer who is removed from office under or by virtue of any of the foregoing provisions of this section shall, for the purposes of the enactments relating to superannuation and to compensation for loss of office, be deemed to have been removed from office by the successor for a cause other than misconduct or incapacity and be entitled to reckon his period of service with the predecessor and his period of service under this section with the successor as one continuous period of service with the successor.

(7) Every transferred officer who is continued or appointed under the foregoing provisions of this section within two years after the appointed day shall be entitled to reckon, for the purposes of the enactments relating to superannuation and to compensation for loss of office, his period of service with the predecessor and his period of service (reckoned as from the appointed day) with the successor as one continuous period of service with the successor.

Employees of abolished bodies.

25. —(1) For the purposes of any enactment empowering the City Corporation to grant to any of its employees other than officers an allowance in respect of the loss of his employment, an employee of the City Corporation who was previously employed by the County Council the Board of Health a rural district council or an abolished body of which the City Corporation is the successor shall be entitled to reckon his employment by the County Council the Board of Health such rural district council or such abolished body (as the case may be) as employment by the City Corporation.

(2) For the purposes of any enactment (including this Act) empowering the Borough Corporation to grant to any of its employees other than officers an allowance in respect of the loss of his employment, an employee of the Borough Corporation who was previously employed by an abolished body of which the Borough Corporation is the successor shall be entitled to reckon his employment by such abolished body as employment by the Borough Corporation.

Application of agricultural grant.

26. —Section 50 of the Local Government (Ireland) Act, 1898, shall apply to the extension of the city effected by or under this Act as if the same had been effected by an Order under that Act, and the portion of the agricultural grant payable to the City Corporation under that section as so applied shall be paid into the municipal fund.

Future extension of city and borough.

27. —(1) At any time after the 1st day of April, 1931 the City Corporation may make application to the Minister for a further extension of the boundary of the city so as to include in the city any portion of the county which is not included in the city by this Act and which does not form part of the Borough.

(2) At any time after the 1st day of April, 1931 the Borough Corporation may make application to the Minister for an extension of the boundary of the borough so as to include in the borough any portion of the county which is not included in the borough by this Act.

(3) On receiving an application under either of the foregoing sub-sections the Minister may, after holding a local inquiry into the subject-matter of such application and after considering any representations made to him by the County Council and (where the application is made by the Borough Corporation) by the City Corporation, make a provisional order giving effect to the proposal contained in such application with such (if any) modifications as he may think proper to make therein, or may refuse such application.

(4) A provisional order under this section shall not have effect unless or until confirmed by the Oireachtas.

(5) On and after the day on which a provisional order under this section extending the boundary of the city comes into force, this Act shall apply in and in relation to the portion of the county included in the city by such order in the same manner as it applies on and after the 1st day of April, 1931 in and in relation to the added rural area.

(6) A provisional order under this section extending the boundary of the borough may apply, in respect of such extension, all or any of the provisions of this Part of this Act relating to the added rural area with the substitution in such provisions of the Borough Corporation for the City Corporation and such other modifications as may be necessary in the circumstances.

(7) A provisional order under this section may contain such provisions as the Minister shall think proper in relation to the adjustment of property, rights, and liabilities and the determination of financial and other matters between the County Council and the City Corporation or the Borough Corporation (as the case may be), the alteration of electoral areas, and any other matter arising in consequence of such order.

Trusts for benefit of the existing city or an added urban district.

28. —(1) Where any real or personal property is, immediately before the appointed day, vested in the City Corporation or in any other corporate body or any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of the Existing City or of the citizens or the inhabitants of the Existing City or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of the Existing City or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, the benefit of such trusts shall (as the case may require) extend to the whole of the City or to all the citizens or all the inhabitants of the City or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the City or any member of the said particular class of such citizens or such inhabitants.

(2) Where any real or personal property is, immediately before the appointed day, vested in the council of either of the added urban districts upon trusts for educational or charitable purposes for the exclusive benefit of such district or of the citizens or the inhabitants of such district or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of such district or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, such property shall become and be vested in the City Corporation upon the same trusts as those upon which such property was previously vested in such council but the benefit of such trusts shall (as the case may require) extend to the whole of the City or to all the citizens or all the inhabitants of the City or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the City or any member of the said particular class of such citizens or such inhabitants.

(3) Where any real or personal property is immediately before the appointed day vested in any corporate body (other than the council of an added urban district) or in any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of one or both of the added urban districts or of the citizens or the inhabitants of one or both of the added urban districts or any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of one or of both of the added urban districts or any member of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, the benefit of such trusts shall (as the case may require) extend to the whole of the City or to all the citizens or all the inhabitants of the City or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the City or to any member of the said particular class of such citizens or such inhabitants.

(4) Nothing in this section shall apply to any trust for the exclusive benefit of an area which is not co-extensive with the Existing City or with one or both of the added urban districts or for the exclusive benefit of the citizens or the inhabitants of any such area or any particular class of such citizens or such inhabitants or to any trusts of which only the citizens or the inhabitants of any such area or only the members of a particular class of such citizens or such inhabitants are entitled to take advantage.

Trusts for the benefit of a coastal urban district.

29. —(1) Where any real or personal property is, immediately before the appointed day, vested in the council of one of the coastal urban districts upon trusts for educational or charitable purposes for the exclusive benefit of such district or of the citizens or the inhabitants of such district or of any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of such district or all members of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, such property shall become and be vested in the Borough Corporation upon the same trusts as those upon which such property was previously vested in such council but the benefit of such trusts, shall (as the case may require) extend to the whole of the Borough or to all the citizens or all the inhabitants of the Borough or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the Borough or any member of the said particular class of such citizens or such inhabitants.

(2) Where any real or personal property is, immediately before the appointed day, vested in any corporate body (other than the council of a coastal urban district) or in any trustees, committee, or society upon trusts for educational or charitable purposes for the exclusive benefit of one or more of the coastal urban districts or of the citizens or the inhabitants of one or more of the coastal urban districts or any particular class of such citizens or such inhabitants or upon trusts for educational or charitable purposes of which all citizens or all inhabitants of one or more of the coastal urban districts or any member of any particular class of such citizens or such inhabitants are exclusively entitled to take advantage, then, on and after the appointed day, the benefit of such trusts shall (as the case may require) extend to the whole of the Borough or to all the citizens or all the inhabitants of the Borough or to the said particular class of such citizens or such inhabitants or be open to any citizen or any inhabitant of the Borough or to any member of the said particular class of such citizens or such inhabitants.

(3) Nothing in this section shall apply to any trust for the exclusive benefit of an area which is not co-extensive with one or more of the coastal urban districts or for the exclusive benefit of the citizens or the inhabitants of any such area or any particular class of such citizens or such inhabitants or to any trusts of which only the citizens or the inhabitants of any such area or only the members of a particular class of such citizens or such inhabitants are entitled to take advantage.