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27 1930

LOCAL GOVERNMENT (DUBLIN) ACT, 1930

PART II.

The Administration of the City and the Borough.

Provisions relating to the city.

Vesting of powers etc. in the City Corporation.

30. —(1) The Order dated the 20th day of May, 1924 and made under section 12 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), whereby the council of the county borough of Dublin was dissolved shall remain in force until the appointed day and shall then cease to have effect.

(2) All real and personal property (including choses-in-action) which, immediately before the appointed day, is by virtue of the said Order dated the 20th day of May, 1924 vested in the persons who are then performing under the said Order the duties of the council of the county borough of Dublin shall, on the appointed day, become and be vested in the City Corporation.

(3) The powers, functions, and duties of the council of the county borough of Dublin which by virtue of the said Order dated the 20th day of May, 1924 are, immediately before the appointed day, exercised and performed by the persons named in that behalf in the said Order shall, as on and from the appointed day, become and be powers, functions, and duties of the City Corporation.

(4) All and every of the powers, functions, and duties which by virtue of the inclusion by this Act within the city of any area not forming part of the existing city would, but for this sub-section, be conferred or imposed on the council of the county borough of Dublin in respect of such area shall, as on and from the date when such area is so included within the city, become and be powers, functions, and duties of the City Corporation.

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

(6) All and every of the powers, functions, and duties which shall, by or under any Act passed after the passing of this Act, be conferred or imposed on the council of the county borough of Dublin shall, as on and from the date on which such powers, functions, and duties are so conferred or imposed, become and be powers, functions and duties of the City Corporation.

(7) Whenever by or under any Act passed after the passing of this Act any powers, functions, or duties are conferred or imposed on the council of a borough, county borough, or urban district, such powers, functions, and duties in so far as they relate to the council of the county borough of Dublin, shall as on and from the date on which they are so conferred or imposed become and be powers, functions, and duties of the City Corporation.

(8) All powers, functions, and duties vested by statute in the Lord Mayor in relation to any market, whether as clerk of the markets or otherwise, shall, as on and from the appointed day, become and be powers, functions, and duties of the City Corporation.

(9) All and every of the powers, functions, and duties of the City Corporation shall be exercised and performed for and on behalf of the City Corporation by the City Council or the City Manager (as the case may require) subject to and in accordance with the provisions of this Act.

(10) No election of members of the council of the county borough of Dublin shall be held in pursuance of sub-section (1) of section 2 of the Local Elections (Dissolved Authorities) Act, 1926 (No. 22 of 1926), notwithstanding anything contained in the said Act or in the Local Elections (Dublin) Act, 1929 (No. 3 of 1929).

Constitution of the City Council.

31. —(1) The City Council shall consist of thirty-five members of whom thirty (in this Act referred to as ordinary members) shall be elected in accordance with this Act by the persons for the time being registered on the register of local government electors and five (in this Act referred to as commercial members) shall be elected in accordance with this Act by the persons for the time being registered on the register of commercial electors.

(2) Twelve members of the City Council shall constitute a quorum.

City elections.

32. —(1) A city election shall be held in the year 1930 and in every third year thereafter and in no other year.

(2) At every city election, the election of ordinary members and the election of commercial members shall be held independently as separate elections and the voting by any person at one of such elections shall not disqualify him for voting at the other of such elections.

(3) At every city election, the election of commercial members shall be held as nearly as may be at the same time as the election of ordinary members.

(4) Sub-section (5) of section 2 of the Local Government (Ireland) Act, 1898, shall not apply in respect of elections of members of the City Council.

(5) The election of ordinary members at the city election held in the year 1930 shall be held on the day of election, and the election of ordinary members at every subsequent city election shall be held on such day as shall be appointed for the purpose by or under the law for the time being in force in relation to elections of members of councils of county boroughs.

(6) Subject to the provisions of this Act, the law for the time being in force in relation to the election, qualification, disqualification, and tenure of office of members of the council of a county borough shall apply in relation to the election, qualification, disqualification, and tenure of office of members of the City Council.

(7) Save as is otherwise provided by this Act, the law for the time being in force in relation to the qualification and disqualification of persons for membership of any committee wholly or partly appointed by the council of a county borough shall apply to the appointment by the City Council of persons to be members of any such committee and to such persons when so appointed.

(8) For the purposes of the two next preceding sub-sections, a contract with the City Corporation shall be deemed to be a contract with the City Council and with every committee and joint committee appointed or partly appointed by the City Council, and a contract with any such committee shall be deemed to be also a contract with the City Council, and, in relation to the city election to be held in the year 1930, a contract with an abolished body of which the City Corporation is the successor or with any committee or joint committee appointed or partly appointed by any such body shall be deemed to be also a contract with the City Council.

Electoral areas in the city.

33. —(1) As soon as may be after the passing of this Act and before the day of election, the Minister shall by order—

(a) divide the area consisting of the Existing City, the added urban districts, and the added rural area into five borough electoral areas which shall be the borough electoral areas in the City for the purposes of the Local Government (Ireland) Act, 1919, and

(b) prescribe the number of ordinary members of the City Council to be elected for each of such borough electoral areas and shall so prescribe such number as to secure, so far as is practicable, that the number of members so assigned to each such area shall be such as to give equal representation upon the basis of population.

(2) Every local government elector registered as such within the added rural area or within either of the added urban districts shall be entitled (subject to any disqualification imposed by law) to vote at the election of ordinary members at the city election held in the year 1930.

(3) The following provisions shall have effect in relation to the election of ordinary members at the city election to be held in the year 1930, that is to say:—

(a) every polling district existing at the passing of this Act which is wholly within a borough electoral area prescribed by the said order shall be a polling district for the purposes of such election, and every polling place so existing in any such polling district shall be a polling place for the purposes of such election;

(b) in the case of a polling district existing at the passing of this Act which is not wholly within any borough electoral area prescribed by the said order, each part of such polling district wholly within any such borough electoral area shall be a separate polling district for the purposes of such election, and the polling places in each such last-mentioned separate polling district at such election shall be such places (whether within or outside such district) as shall be appointed for the purpose by the returning officer at such election.

Register of commercial electors.

34. —(1) As soon as may be after the passing of this Act, a register (in this Act referred to as the register of commercial electors) of persons entitled to vote at elections of commercial members of the City Council shall be prepared and thenceforward maintained.

(2) There shall be registered in the register of commercial electors every individual, partnership, unincorporated association, and corporate body who or which resides in Saorstát Eireann and is for the time being the rated occupier of any premises situate in the City or (until the appointed day) in an added urban district or (until the 1st day of April, 1931) in the added rural area and either—

(a) such premises are valued under the Valuation Acts at not less than twenty pounds and are occupied by such individual, partnership, unincorporated association, or corporate body wholly for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit, or

(b) such premises are occupied by such individual, partnership, unincorporated association, or corporate body partly for the purpose aforesaid and the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied is not less than twenty pounds.

(3) For the purposes of this section—

(a) a partnership shall not be deemed to reside in Saorstát Eireann unless all the partners therein reside in Saorstát Eireann, and

(b) an unincorporated association shall not be deemed to reside in Saorstát Eireann unless its business is managed and controlled in Saorstát Eireann, and

(c) a corporate body shall not be deemed to reside in Saorstát Eireann unless either its business is managed and controlled in Saorstát Eireann and it is registered under the Companies Acts, 1908 to 1924 in Saorstát Eireann, or the business carried on by it in Saorstát Eireann consists wholly or substantially of the manufacture of goods in Saorstát Eireann.

(4) An individual, partnership, unincorporated association or corporate body may be registered in the register of commercial electors in respect of two or more premises.

(5) Every individual, partnership, unincorporated association, and corporate body who or which is for the time being registered in the register of commercial electors, and no other person, shall be entitled to vote at an election of commercial members of the City Council.

(6) In this section and in the next following section, the word “premises” means a hereditament or tenement separately valued under the Valuation Acts.

Elections of commercial members of the City Council.

35. —(1) At an election of commercial members of the City Council, each person entitled to vote at such election shall have such number of votes as is hereinafter stated, that is to say:—

if the value of the premises in respect of which he is registered in the register of commercial electors or, where he is so registered in respect of two or more premises, the aggregate of the values of all the premises in respect of which he is so registered is less than fifty pounds______________one vote, if such value or aggregate of values is not less than fifty pounds and is less than one hundred pounds________two votes, if such value or aggregate of values is not less than one hundred pounds and is less than one hundred and fifty pounds______________________three votes, if such value or aggregate of values is not less than one hundred and fifty pounds and is less than two hundred pounds____________________four votes, if such value or aggregate of values is not less than two hundred pounds and is less than two hundred and fifty pounds___________________five votes, if such value or aggregate of values is not less than two hundred and fifty pounds_____________six votes.

(2) For the purposes of the foregoing sub-section of this section the value of any premises shall be taken to be—

(a) where such premises are occupied by the rated occupier thereof wholly for the purpose of carrying on therein any business, profession, trade, manufacture, or other commercial or industrial pursuit, the valuation of such premises under the Valuation Acts, or

(b) where such premises are occupied by the rated occupier thereof partly for the purpose aforesaid, the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied.

(3) The following provisions shall apply and have effect in respect of elections of commercial members of the City Council, that is to say:—

(a) at the election held in the year 1930, the Existing City, the added urban districts, and the added rural area shall form one electoral area, and at every subsequent election the City shall form one electoral area;

(b) the voting shall be by secret ballot;

(c) the voting shall be according to the principle of proportional representation and, in the case of voters having one vote only, every vote shall be a single transferable vote and, in the case of voters having more than one vote, each vote cast by a voter shall be a single transferable vote and shall be recorded on a separate ballot paper;

(d) every vote shall be recorded on a ballot paper sent to the voter by post and returned by him to the returning officer.

Aldermen and councillors of the city.

36. —(1) The first ordinary member of the City Council elected at a city election for each borough electoral area shall be an alderman.

(2) The first commercial member of the City Council elected at a city election shall be an alderman.

(3) Every member of the City Council who is not by virtue of this section an alderman shall be a councillor.

Meetings of the City Council.

37. —(1) The first meeting of the City Council shall be a quarterly meeting and shall be held at noon on the appointed day in the City Hall, Dublin, and if for any reason such meeting is not so held such meeting shall be held at such time, on such day (as soon as conveniently may be after the appointed day), and at such place as shall be appointed for the purpose by the Minister.

(2) Until the Lord Mayor has been elected and has made the declaration accepting office which is required by law, the City Manager shall be the chairman at the first meeting of the City Council but shall not thereby be entitled to vote on any question which is to be decided at such meeting by a vote of the members.

(3) At the first meeting of the City Council the business to be transacted shall be such business as the City Council is required by or under this Act or otherwise by law to transact at such meeting, and also any other business arising under this Act which, in the opinion of the City Council, it is necessary or desirable to transact at such meeting, and no notice, whether by notice of motion or otherwise, shall be required for the transaction of any such business.

(4) Subject to the provisions of this section, the law for the time being in force in relation to the holding of quarterly meetings and other meetings of the council of a county borough and to the meetings so held and to things done and to be done and the procedure generally at such meetings shall apply to the holding of quarterly meetings and other meetings of the City Council and to the meetings so held and to things done and to be done and the procedure generally at such meetings.

Election and tenure of office of Lord Mayor.

38. —(1) The City Council shall, at their first meeting and at the quarterly meeting held next after every 22nd day of June, elect one of their members to be the Lord Mayor.

(2) The Lord Mayor shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the City Council at which a Lord Mayor is to be elected by the City Council and such successor shall have made the declaration accepting office which is required by law.

(3) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a lord mayor of a county borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Lord Mayor.

The Dublin City Manager.

39. —(1) On and after the appointed day a person appointed for the purpose by or under this Act, who shall be called and known as the Dublin City Manager and Town Clerk, shall exercise and perform for and on behalf of the City Corporation the powers, functions, and duties of the City Corporation in relation to the appointment and removal of officers and servants of the City Corporation (other than the City Manager), and shall also exercise and perform all other powers, functions, and duties of the City Corporation other than the reserved functions.

(2) For the purposes of every enactment (including enactments passed or made after the passing of this Act) relating either to town clerks of county boroughs in general or to the town clerk of the City in particular, the City Manager shall, on and after the appointed day, be the town clerk of the City and have, exercise, and perform all the powers, functions, and duties for the time being conferred or imposed by any such enactment or otherwise by law on the town clerk of the City.

(3) All fees and emoluments which are payable by or under any statute (whether passed before or after this Act) to town clerks of county boroughs or in particular to the Town Clerk of the City, and are received by the City Manager by virtue of his being the Town Clerk of the City, shall be paid by the City Manager into the municipal fund and be accounted for accordingly.

(4) Every person appointed by or under this Act to be City Manager shall by virtue of such appointment be an officer of the Corporation.

Appointment by the City Corporation of members of certain public bodies.

40. —(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a county borough or by the council of an urban district or in particular by the council of the county borough of Dublin or by the council of either of the added urban districts shall be a member of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated on or after the appointed day by the City Council to be a member of a public body, and in lieu thereof it is hereby enacted that any person who is on or after the appointed day elected or nominated by the City Council to be a member of a public body and who but for this section would be required to be a member of the City Council or of the council of the county borough of Dublin or the council of an added urban district shall be such person willing to act, whether a member or not a member of the City Council, as the City Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.

(2) Nothing in the foregoing sub-section shall operate to render unnecessary—

(a) the possession by any person who is on or after the appointed day elected or nominated by the City Council to be a member of any public body of any special qualifications (other than membership of the City Council, the council of the county borough of Dublin, or the council of an added urban district) which such person is required by law to possess, or

(b) compliance with the requirements of sub-section (2) of section 9 of the Local Government (Ireland) Act, 1898, so far as the said sub-section (2) as adapted, amended, or applied by or under any Act of the Oireachtas relates to membership of the joint committee of management of the Grangegorman District Mental Hospital.

(3) The City Manager, notwithstanding that he is not a member of the City Council, shall be qualified and may with his consent be appointed by the City Council to be a member of the joint committee of management of the Grangegorman District Mental Hospital in the same manner as if he were a member of the City Council, and for the purpose of such appointment the office of the City Manager shall be deemed not to be an office of profit within the meaning of Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, or of section 70 of the Act of 1925.

(4) If and when the City Manager is appointed under this section to be a member of the joint committee of management of the Grangegorman District Mental Hospital the number of members of the said committee who are required by law to be members of the City Council shall be reduced by one.

Abolition of certain committees.

41. —(1) On and after the appointed day the following committees (in this section referred to as abolished committees) shall cease to exist, that is to say:—

(a) the committee of management heretofore appointed by the council of the county borough of Dublin under the Tuberculosis Prevention (Ireland) Acts, 1908 and 1913;

(b) the committee heretofore formed and kept up by the council of the county borough of Dublin under the Fourth Schedule to the Diseases of Animals Act, 1894;

(c) the Waterworks Committee heretofore appointed under section 7 of the Dublin Corporation Waterworks Act, 1861, as amended by section 13 of the Dublin Corporation Waterworks Acts Amendment Act, 1878.

(2) On and after the appointed day, all the powers and duties conferred and imposed on the several abolished committees respectively by the respective enactments mentioned in the foregoing sub-section shall by virtue of this section be transferred to and become and be conferred and imposed on the City Corporation.

Provisions relating to the borough.

Vesting of powers, etc., in the Borough Corporation.

42. —(1) Whenever by or under any Act passed before or after the passing of this Act any powers, functions, or duties are conferred or imposed on the council of a borough or an urban district such powers, functions, and duties, in so far as they relate to the council of the borough of Dun Laoghaire, shall on and after the appointed day or the day on which they are so conferred or imposed (whichever shall be the later) become and be powers, functions, and duties of the Borough Corporation.

(2) All and every of the powers, functions, and duties of the Borough Corporation shall be exercised and performed for and on behalf of the Corporation by the Borough Council or the Borough Manager (as the case may require) subject to and in accordance with the provisions of this Act.

Constitution and election of the Borough Council.

43. —(1) The Borough Council shall consist of fifteen members elected in accordance with this Act, of whom six members shall constitute a quorum.

(2) A borough election shall be held in the year 1930 and in every third year thereafter and in no other year and at every borough election the borough shall form one electoral area.

(3) In the year 1930 the borough election shall be held on the day of election and for the purposes of such election and for such purposes only the Borough shall be deemed to have been established on that day.

(4) The Minister shall appoint a person to act as returning officer at the borough election held in the year 1930.

(5) The several polling districts and polling places existing in the coastal urban districts at the passing of this Act shall be respectively the polling districts and the polling places for the purposes of the borough election held in the year 1930.

(6) Subject to the foregoing provisions of this section and to the provisions of this Act for the filling of extraordinary vacancies, the law for the time being in force in relation to the election, qualification, disqualification, and tenure of office of members of the council of a borough shall apply in relation to the election, qualification, disqualification, and tenure of office of members of the Borough Council.

(7) Save as is otherwise provided by this Act, the law for the time being in force in relation to the qualification and disqualification of persons for membership of any committee wholly or partly appointed by the council of a borough shall apply to the appointment by the Borough Corporation of persons to be members of any such committee and to such persons when so appointed.

(8) For the purposes of the two next preceding sub-sections, a contract with the Borough Corporation shall be deemed to be a contract with the Borough Council and with every committee and joint committee appointed or partly appointed by the Borough Council, and a contract with any such committee or joint committee shall be deemed to be also a contract with the Borough Council, and, in relation to the borough election to be held in the year 1930, a contract with an abolished body of which the Borough Corporation is the successor or with any committee or joint committee appointed or partly appointed by any such body shall be deemed to be also a contract with the Borough Council.

Councillors of the Borough.

44. —All the members of the Borough Council shall be councillors, and there shall be no aldermen of the Borough.

Meetings of the Borough Council.

45. —(1) The first meeting of the Borough Council shall be a quarterly meeting and shall be held at noon on the appointed day in the Town Hall, Dun Laoghaire, and if for any reason such meeting is not so held such meeting shall be held at such time, on such day (as soon as conveniently may be after the appointed day) and at such place as shall be appointed for the purpose by the Minister.

(2) Until the Chairman has been elected and has made the declaration accepting office which is required by law, the Borough Manager shall be the chairman at the first meeting of the Borough Council, but shall not thereby be entitled to vote on any question which is to be decided at such meeting by a vote of the members.

(3) At the first meeting of the Borough Council the business to be transacted shall be such business as the Borough Council is required by or under this Act or otherwise by law to transact at such meeting, and also any other business arising under this Act which, in the opinion of the Borough Council, it is necessary or desirable to transact at such meeting, and no notice, whether by notice of motion or otherwise, shall be required for the transaction of any such business.

(4) Subject to the provisions of this section, the law for the time being in force in relation to the holding of quarterly meetings and other meetings of the council of a borough and to the meetings so held and of things done and to be done and the procedure generally at such meetings shall apply to the holding of quarterly meetings and other meetings of the Borough Council and to the meetings so held and to things done and to be done and the procedure generally at such meetings.

Election and tenure of office of the Chairman.

46. —(1) The Borough Council shall at their first meeting and at their quarterly meeting held next after every 1st day of July elect one of their members to be the Chairman.

(2) The Chairman shall continue in office (subject to his death, resignation or disqualification) until his successor shall have been elected at the next quarterly meeting of the Borough Council at which a chairman is to be elected by the Borough Council, and such successor shall have made the declaration accepting office which is required by law.

(3) Subject to the provisions of this Act, the law for the time being in force in relation to the election, tenure of office, powers, duties, privileges, and remuneration of a mayor of a borough shall apply to the election, tenure of office, powers, duties, privileges, and remuneration of the Chairman and every reference in any enactment (including enactments passed or made after the passing of this Act) to the mayor of a borough shall, in so far as such enactment applies to the borough, be construed and have effect as a reference to the Chairman.

The Dun Laoghaire Borough Manager.

47. —(1) On and after the appointed day a person appointed for the purpose under this Act, who shall be called and known as the Dun Laoghaire Borough Manager and Town Clerk, shall exercise and perform for and on behalf of the Borough Corporation the powers, functions, and duties of the Borough Corporation in relation to the appointment and removal of officers and servants of the Borough Corporation (other than the Borough Manager), and shall also exercise and perform all other powers, functions, and duties of the Borough Corporation other than the reserved functions.

(2) For the purposes of every enactment (including enactments passed or made after the passing of this Act) relating to town clerks of boroughs, the Borough Manager shall, on and after the appointed day, be the Town Clerk of the Borough, and have, exercise, and perform all the powers, functions, and duties for the time being conferred or imposed by any such enactment or otherwise by law on the Town Clerk of the Borough.

(3) All fees and emoluments which are payable by or under any statute (whether passed before or after this Act) to town clerks of boroughs and are received by the Borough Manager by virtue of his being Town Clerk of the Borough, shall be paid by the Borough Manager into the municipal fund and be accounted for accordingly.

(4) Every person appointed under this Act to be the Borough Manager shall by virtue of such appointment be an officer of the Borough Corporation.

Appointment by the Borough Corporation of members of certain public bodies.

48. —(1) So much of any statute or of any order made under any statute as requires that a person elected or nominated to be a member of a public body by the council of a borough or of an urban district or in particular by the council of any of the coastal urban districts shall be a member of the council by whom he is elected or nominated shall not apply in respect of any person elected or nominated, on or after the appointed day, by the Borough Council to be a member of a public body, and in lieu thereof it is hereby enacted that any person who is, on or after the appointed day, elected or nominated by the Borough Council to be a member of any public body and who but for this section would be required to be a member of the Borough Council or of the council of a coastal urban district, shall be such person, whether a member or not a member of the Borough Council, as the Borough Council considers to be best fitted, by reason of his special knowledge or practical experience of the matters administered by such public body, for membership thereof.

(2) Nothing in the foregoing sub-section shall operate to render unnecessary the possession by any person who is, on or after the appointed day, elected or nominated by the Borough Council to be a member of any public body of any special qualifications (other than membership of the Borough Council or of the council of a coastal urban district) which such person is required by law to possess.

Superannuation of Borough employees.

49. —(1) The Borough Corporation shall be deemed to be a local body empowered by statute to grant to any of its employees, other than officers, an allowance in respect of the loss of his employment within the meaning of section 53 of the Act of 1925 and that section shall apply to the Borough accordingly.

(2) The Borough Corporation shall not grant an allowance under the said section 53 as applied by this section to any employee whose period of service with the Borough Corporation (including any period which he is entitled under this Act to reckon as such service) is less than twenty years.

Provisions relating to the city and the borough.

Casual vacancies in the Council.

50. —(1) Whenever a vacancy (in this Act referred to as a casual vacancy) shall occur in the membership of the Council by reason of the death, resignation, disqualification, or non-acceptance of office of a member thereof, such vacancy shall be filled by the Council after due notice at the next meeting of the Council after the expiration of one month from the occurrence of such vacancy or as soon after that meeting as circumstances will permit.

(2) Every person who is elected by the Council to fill a casual vacancy shall, unless he sooner dies, resigns, or becomes disqualified or he refuses to accept office, hold office as a member of the Council for the residue then unexpired of the term for which the member whose death, resignation, disqualification, or non-acceptance of office occasioned the vacancy would have held office if he had not died, resigned, become disqualified, or refused to accept office.

Reserved functions.

51. —(1) The Council shall directly exercise and perform all and every of the powers, functions, and duties of the Corporation in relation to the following matters, that is to say:—

(a) the making of any rate or the borrowing of any moneys;

(b) the making, amending, or revoking of any bye-law;

(c) the making of any order and the passing of any resolution by virtue of which any enactment is brought into operation in or made to apply to the City or the Borough (as the case may be) and the revoking of any such order and the rescinding of any such resolution;

(d) the application to be made to any authority in respect of the making or revoking of any such order as aforesaid;

(e) the making or revoking of any order under section 5 of the Shops Act, 1912 (in that Act referred to as the closing order);

(f) the powers conferred by section 3 of the Borough Funds (Ireland) Act, 1888 in relation to the promotion or the opposing of legislation, the prosecution and defence of any such legal proceedings as are mentioned in that section, and the application for those purposes of the public funds and rates under the control of the corporation;

(g) the appointment or election of any person to be a member of any public body;

(h) parliamentary and local elections;

(i) the admission of persons to the freedom of the City or the Borough (as the case may be);

(j) subject to the provisions of this Act, the appointment, suspension and removal of the manager and the granting of an allowance or gratuity to the manager on his ceasing to be the manager;

(k) the determination of the amount of the salary and remuneration of the Lord Mayor or Chairman (as the case may be);

(l) applications to the Minister for a provisional order under this Act extending the boundary of the City or the Borough (as the case may be);

(m) the disposition (otherwise than by demise for a term not exceeding one year) under the Municipal Corporations (Ireland) Acts, 1840 to 1888, of lands, tenements, and hereditaments belonging to the Corporation;

(n) the appointment of representatives of the Corporation to attend any such conference or meeting as is mentioned in section 2 of the Public Health and Local Government Conferences Act, 1885, and the exercise of the power conferred by that section in relation to the payment of the expenses of the attendance of such representatives at such conferences and meetings.

(2) The Minister may, subject to the provisions of this section, by order require that the powers, functions and duties of the Corporation in relation to any matter not included in the matters referred to in the foregoing sub-section shall be exercised and performed directly by the Council and upon such order being made the said powers, functions and duties shall, as on and from the date specified in that behalf in such order, be exercised and performed directly by the Council and shall continue so to be exercised and performed while such order remains in force.

(3) The Minister may, subject to the provisions of this section, revoke an order made by him under this section.

(4) The Minister shall not make or revoke an order under this section save upon the application of the Council made to the Minister in pursuance of a resolution passed by the Council and for the passing of which more than one-half of the members of the Council voted and which was so passed after not less than one month's notice of the intention to propose such resolution had been given in writing by the manager to every member of the Council.

(5) Upon receipt by him of any such application as aforesaid the Minister, before (as the case may be) making or revoking an order under this section, may, if he thinks fit, hold a local inquiry into any matters which appear to him to be relevant to the purpose of (as the case may be) making or revoking such order.

(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty conferred or imposed on the manager by or under this Act in relation to the officers and servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers and servants or any of them.

(7) In this Act the expression “reserved functions” means the powers, functions and duties of the Corporation which are for the time being required by this section or by an order made under this section to be exercised and performed by the Council directly.

Reception and examination of tenders.

52. —(1) The Council may, if and whenever it thinks fit, make regulations prescribing the procedure to be followed in regard to the reception and examination of all or any particular class or classes of tenders for the supply of goods, the execution of works, or any other thing for which the Corporation may lawfully have invited the submission of tenders.

(2) All regulations made under this section shall be subject to the approval of the Minister and no such regulation shall be of any force or effect unless or until it has been so approved.

(3) Whenever and so long as any regulations made under this section are in force, all tenders to which such regulations apply shall be received and examined in accordance with the procedure prescribed by such regulations.

Appointment of Manager.

53. —(1) Gerald Jarlath Sherlock, Town Clerk of the City of Dublin, shall be and is hereby appointed to be the City Manager as on and from the appointed day.

(2) Before the appointed day the appointment of a person to be the Borough Manager or (in the case of the said Gerald Jarlath Sherlock being prevented by any event occurring before or after the passing of this Act from taking office as City Manager) the City Manager shall be made by the Minister on the recommendation of the Local Appointments Commissioners, and those Commissioners are hereby required to make such recommendation on the request of the Minister.

(3) On and after the appointed day the appointment of a person to be a manager shall be made by the council, and the office of manager shall be an office to which the Local Authorities (Officers and Employees) Act, 1926, applies.

(4) The manager shall hold office until he dies, resigns or is removed from office.

(5) The manager shall not be removed without the sanction of the Minister and shall not be either suspended or removed by the council save by a resolution passed by the council for the purpose of such suspension or such removal (as the case may be) and for the passing of which not less than two-thirds of the members of the council voted and which was so passed after not less than seven days, notice of the intention to propose such resolution had been given to every member of the council.

(6) There shall be paid by the Corporation to the manager such remuneration as the Minister shall from time to time determine.

(7) The manager may do all such matters and things, including the making of contracts for and on behalf of the Corporation and the affixing of the official seal of the Corporation to documents, as may be necessary for or incidental to the exercise or performance of any of the powers, functions and duties of the Corporation which are by this Act required to be exercised or performed by the manager.

(8) The manager shall not affix the official seal of the Corporation to any documents save in the presence of the Lord Mayor or Chairman (as the case may be).

Furnishing of information to the Lord Mayor or Chairman.

54. —(1) The manager shall, whenever requested by the Lord Mayor or Chairman (as the case may be) or the Council so to do, afford to the Lord Mayor or Chairman or the Council (as the case may require) all such information as may be in the possession or procurement of the manager in regard to any act, matter or thing appertaining to or concerning any business or transaction of the Corporation which is mentioned in such request.

(2) At the beginning of every month the manager shall cause to be prepared and shall furnish to every member of the Council a statement showing as nearly as may be the actual financial position of the Corporation at the end of the previous month.

Manager to advise the Council.

55. —(1) It shall be the duty of the manager to advise and assist the Council generally in regard to the exercise or performance by them of the reserved functions and in particular in regard to any matter or thing in relation to the exercise or performance by the Council of the reserved functions on or in respect of which the Council requests the advice or assistance of the manager.

(2) It shall be the duty of the manager to carry into effect all lawful orders of the Council in relation to the exercise and performance of the reserved functions.

Preparation of plans, etc., by the manager for the Council.

56. —The Council may at any time by resolution require the manager to prepare and submit to the Council plans and specifications for the execution of any particular work specified in such resolution which can lawfully be executed by the Corporation, together with an estimate of the probable cost of the execution of such work, and whenever the Council passes any such resolution the manager shall, as soon as conveniently may be, prepare and submit to the Council plans and specifications and an estimate in accordance with such resolution.

Attendance, etc., of manager at meetings of the Council.

57. —(1) The manager shall have the right to attend meetings of the Council and to take part in discussions at such meetings as if he were a member of the Council, but he shall not be entitled to vote on any question which is to be decided by a vote of the members of the Council.

(2) The manager shall attend any meeting of the Council or of any committee of the Council at which he is requested by the Council to attend, and shall at such meeting give to the Council or such committee (as the case may be) such advice and assistance as shall reasonably be required of him by the Council or such committee, and for that purpose the manager shall arrange for the attendance at such meeting of such of the officers of the Corporation as may be necessary, having regard to the business to be transacted at such meeting.

Requisition by Council that a particular thing be done.

58. —(1) The Council, at a meeting specially summoned for the purpose under this section, may by resolution proposed and passed in accordance with this section require any particular act, matter, or thing, specifically mentioned in such resolution and which the Corporation or the manager can lawfully do, to be done in relation to any of the powers, functions, and duties of the Corporation which are not for the time being reserved functions.

(2) Notice of the intention to propose any such resolution as is authorised by the foregoing sub-section of this section shall be given in writing to the manager and shall be signed by not less than seven members of the Council and shall contain a copy of such resolution and shall specify a day (not less than seven nor more than fourteen days after the day on which such notice is received by the manager) for the holding of the meeting of the Council at which such resolution is to be proposed and considered.

(3) Whenever the manager receives any such notice as is mentioned in the foregoing sub-section of this section, he shall as soon as possible send a copy of such notice to every member of the Council and shall summon a special meeting of the Council for the date specified in that behalf in such notice at the usual hour for meetings of the Council.

(4) When a resolution of which notice has been given under this section has been proposed at the meeting of the Council summoned for the purpose under this section, the Council and the manager shall consider such resolution and if after such consideration the Council pass such resolution and the number of members voting for such resolution exceeds either half the total membership of the Council, or two-thirds of the members present and voting, the manager shall, if and when and so far as money for the purpose is or has been provided, do in accordance with such resolution the act, matter, or thing which is required by such resolution to be done.

(5) A resolution passed under this section shall not be so expressed as to apply or extend—

(a) to the exercise or performance of any power, function, or duty of the Corporation generally or to every case or occasion of the exercise or performance of any such power, function, or duty or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which such power, function, or duty is exercised or performed, nor

(b) to the exercise or performance of any power, or duty conferred or imposed on the manager by or under this Act in relation to the officers or servants of the Corporation or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them.

Any resolution purporting to be passed by the Council under this section which contravenes this sub-section shall be void and of no effect.

(6) In the event of any dispute arising between the Council and the Manager as to whether or not any resolution passed by the Council under this section contravenes the provisions of sub-section (5) hereof, the matter shall be referred for decision to the Minister.

Control, etc., of officers and servants of the Corporation.

59. —(1) The officers and servants of the Corporation shall perform their duties as such officers and servants in accordance with such directions as the manager may from time to time give either generally or in regard to the performance of any particular duty or any particular class or classes of duties or in regard to the performance of any such duty by any particular officer or servant of the Corporation, and the manager shall have and exercise control and full supervision of and over such officers and servants and any and every act or thing done or to be done by them in their capacity as officers and servants of the Corporation.

(2) Subject to any regulations made by the Minister under any Act and for the time being in force in relation to the service, remuneration, privileges, or superannuation (as the case may be) of the officers and servants of a local authority, the manager shall consider and decide all such questions as may from time to time arise in relation to the service, remuneration, privileges, and superannuation of the officers and servants of the Corporation.

Acting of the manager by signed order.

60. —(1) Every act or thing done or decision taken by the manager which, if done or taken by the council of a county or other borough or an urban district, would be required by law to be done or taken by resolution of such council, shall be done or taken by the manager by an order in writing signed by him and containing a statement of the time at which it was so signed.

(2) Where by or under any Act public notice is required to be given by the council of a borough, county borough, or urban district of the passing of the resolution by which any particular act or thing is done or any particular decision is taken by such council or before the holding of the meeting of any such council at which is passed the resolution by which any particular act or thing is done or any particular decision is taken by such council, the like public notice shall be given by the manager before he makes the order by which he does such particular act or thing or takes such particular decision.

(3) Every order made by the manager under this section shall for all purposes be deemed to be made at the time at which it is signed by the manager, and every such order shall, until the contrary is proved, be deemed to have been so signed at the time stated in that behalf in such order.

(4) The manager shall keep a register in which shall be entered a copy of every order made by him under this section and the manager shall, at every meeting of the Council, produce for the inspection of the members of the Council so much of such register as contains any such orders made since the next previous meeting of the Council.

(5) Every document purporting to be an order made and signed by the manager shall, without proof of the signature of the person purporting to sign such document or that such person was the manager, be received in evidence and shall, until the contrary is proved, be deemed to be an order duly made and signed by the manager under this section and to have been so signed at the time stated in that behalf therein.

(6) Every document purporting to be certified in writing by the manager to be a true copy of an order made by the manager under this section shall, without proof of the signature of the person purporting so to certify or that such person was the manager, be received in evidence and shall, until the contrary is proved, be deemed to be evidence of the contents of the order of which it purports to be a copy and of the fact that such order was duly made and signed by the manager under this section at the time stated in that behalf therein.

Authorisation of payments.

61. —(1) The manager may by order signed by him and countersigned by the City Accountant or the Borough Accountant (as the case may require) authorise the making of any payment out of the funds of the Corporation in respect of any expense or on account of any liability incurred by the Council or the manager on behalf of the Corporation in the exercise or the performance by the Council or the manager (as the case may be) of any of the powers, functions or duties of the Corporation which are exercisable or performable by them or him respectively under this Act.

(2) The Council may at any time by resolution direct that every order made under the foregoing sub-section of this section shall, during such period as is specified in such resolution, be submitted to the Lord Mayor or Chairman (as the case may be) or to some other member of the Council nominated from time to time for the purpose by the Council for his signature.

(3) The Council may at any time by resolution revoke a direction given under the foregoing sub-section of this section and for the time being in force.

(4) If and whenever the Council gives any such direction as is hereinbefore mentioned, then, while such direction remains in force, the signature of the Lord Mayor or Chairman or of the member of the Council nominated for the purpose (as the case may require) shall be necessary on every such order as is mentioned in the first sub-section of this section in addition to the signature and counter-signature mentioned in that sub-section, but the Lord Mayor or Chairman or such member of the Council (as the case may be) shall not by reason of the fact of his signature being on any such order incur any liability to which he would not have been liable if such direction as aforesaid had not been given.

The municipal fund.

62. —(1) On and after the appointed day all the expenses incurred by the Corporation in the exercise and performance of their powers and duties (including the expenses of discharging liabilities existing on the appointed day) shall be defrayed out of a fund to be established by the Corporation and called “the municipal fund.

(2) Every fund which, immediately before the passing of this Act, is maintained out of the produce of any of the rates abolished by this Act shall on the appointed day cease to be so maintained, and on that day the moneys (if any) standing to the credit of any such fund shall be paid into the municipal fund, and every liability due by any such fund shall be defrayed out of the municipal fund.

(3) On and after the appointed day all sums received by the Corporation, whether from rates or from sources other than rates, shall be paid to the treasurer of the Corporation and, save as is hereinafter otherwise provided, the receipt alone of the treasurer shall be a good discharge to the person paying the same, and all such sums shall be paid by the treasurer into the municipal fund.

(4) Notwithstanding anything contained in the foregoing sub-section of this section, the receipt of a collector of rates or of a person duly authorised by the Corporation to receive payments of any other particular class shall be a good discharge to a person making a payment (as the case may be) of rates to such collector or of such other particular class to such person, but in every such case it shall be the duty of such collector or person forth-with to pay the amount of such payment to the treasurer.

(5) No payments, except such payments as are duly authorised in accordance with this Act, shall be made out of the municipal fund and every payment so authorised shall be made by the treasurer of the Corporation.

(6) No part of the municipal fund or of any money under the control of the Corporation shall be applied for any purpose not authorised by this or any other Act or, in the case of money derived from trust funds, by the trusts affecting those funds.

(7) Every sinking fund or other fund to meet a future or prospective liability which the Corporation is required by or under any statute in force immediately before the passing of this Act to maintain shall be maintained out of the municipal fund and nothing in this section shall relieve the Corporation from the obligation so to maintain every such fund.

The municipal rate.

63. —(1) Save as in this Act otherwise provided, all rates (in this Act referred to as rates abolished by this Act) which, immediately before the 1st day of April, 1931 are leviable in the city or the borough shall, on the said 1st day of April, 1931 cease to be leviable, but such cesser shall not prevent, prejudice, or affect the collection or recovery on or after that date of any portion of any such rate which immediately before that date remains due and unpaid.

(2) The Corporation shall from time to time make, assess, and levy, in accordance with this Act, such rate (to be called and in this Act referred to as “the municipal rate”) as may be necessary for the purpose of supplying any deficiency (whether existing or prospective) in the municipal fund.

(3) Subject to the provisions of this Act, the law for the time being in force in relation to the making, assessment, levying, collection, and recovery of the poor rate shall apply respectively to the making, assessment, levying, collection, and recovery of the municipal rate by the Corporation.

(4) Notwithstanding anything contained in section 3 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), execution orders within the meaning of that Act in proceedings in the District Court for the recovery of moneys due in respect of the municipal rate shall, if the Court on the application of the person by whom such proceedings are brought so directs, be executed by such person.

(5) Sub-section (7) of section 51 of the Local Government (Ireland) Act, 1898, shall not apply or have effect in relation to any debt, claim, or demand which is directly or indirectly payable out of the municipal rate.

(6) Every demand note for municipal rate shall show separately on the front or the back thereof the portion of the rate in the pound of the said rate which is raised for any purpose in respect of which the Minister or the Council shall direct that the same shall be so shown separately.

Adjustment of rent in certain cases.

64. —(1) Where a tenement or hereditament situate in the City or the Borough is held (whether together with or without other premises) under a lease which binds the lessor to pay or allow a deduction or set off against or indemnify the lessee against or otherwise to relieve the lessee from any rates (other than poor rate) payable in respect of such tenement or hereditament, all rent payable under such lease in respect of a period commencing on or after the 1st day of April, 1931, shall be reduced—

(a) in the case of an annual rent, by an amount equal to the amount of the rates (other than poor rate) in respect of such tenement or hereditament for the local financial year commencing on the 1st day of April, 1930, to which the relief afforded to the lessee by such lease lawfully extended, and

(b) in the case of any rent other than an annual rent, by an amount which bears to the rates (other than poor rate) in respect of such tenement or hereditament for the local financial year commencing on the 1st day of April, 1930, to which the relief afforded to the lessee by such lease lawfully extended the same proportion as the period by reference to which such rent is calculated bears to one year.

(2) In this section the word “lease” includes any contract of tenancy, whether in writing or verbal, whereby the relation of landlord and tenant is created, and the words “lessor” and “lessee” respectively include the landlord of and the tenant-under such tenancy.

Contract water rate.

65. —The provisions of this Part of this Act abolishing certain rates shall not extend or apply to charges (commonly called contract water rates) made for the supply of water to particular hereditaments or tenements for purposes other than domestic purposes or to the supply of water under special contract to any person not otherwise entitled to such supply, and such charges shall, in the construction of this Act, not be included in the expression “rates abolished by this Act,” but such charges shall be collected and recovered as part of the municipal rate.

The police rate.

66. —(1) The rate (in this Act referred to as the police rate) heretofore levied in the Dublin Metropolitan area for the maintenance of a police force shall continue to be levied off the Dublin Metropolitan area in accordance with section 16 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), as if this Act had not been passed save that, in so much of the Dublin Metropolitan Area as is included in the city, the police rate shall be levied by the City Corporation and collected and recovered as part of the municipal rate and, in so much of the said Area as is included in the borough, the police rate shall be levied by the Borough Corporation and collected and recovered as part of the municipal rate.

(2) In this Act the expression “rates abolished by this Act” does not include the police rate.

The bridge rate.

67. —(1) No bridge rate shall be levied in the City or the Borough under section 27 of the Dublin Port and Docks (Bridges) Act, 1929 (No. 2 (Private) of 1929), and in lieu thereof the moneys required to be raised in any year in the City or the Borough to meet a demand by the Dublin Port and Docks Board under the said section 27 shall be so raised by means of the municipal rate.

(2) The said Dublin Port and Docks (Bridges) Act, 1929 , shall be construed and have effect subject to the following modifications, that is to say:—

(a) the expression “the County Borough of Dublin” wherever the same occurs in section 27 of the said Act and in paragraph 1 of the First Schedule to the said Act shall mean the county borough of Dublin as for the time being extended by or under this Act, and

(b) the expression “the County of Dublin” wherever the same occurs in section 27 of the said Act shall not include any area which is for the time being detached from that county and included in the City by or under this Act, and

(c) the following paragraph shall be inserted in the First Schedule to the said Act in lieu of the paragraph 2 now contained in that Schedule, that is to say:—

“2. The Borough of Dun Laoghaire and the Urban District of Howth.”

and

(d) there shall be omitted from paragraphs 3 to 9 of the First Schedule to the said Act every area which is for the time being included in the City under or by virtue of this Act.

(3) In this Act the expression “rates abolished by this Act” includes the bridge rate.

Limitations on the municipal rate.

68. —(1) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-section applies on a hereditament or tenement situate in either of the areas which at the passing of this Act constitutes an added urban district, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates (other than the police rate) assessed on the urban district in which such hereditament or tenement was situate for or in respect of the year beginning on the 1st day of April, 1929, as was raised for purposes other than defraying the expenses of performing the duties of a board of guardians.

(2) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-section applies on a hereditament or tenement situate in the added rural area, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates (other than the police rate) assessed on hereditaments and tenements (other than agricultural land) in the townland in which such first-mentioned hereditament or tenement was situate for or in respect of the year beginning on the 1st day of April, 1929, as was raised for purposes other than defraying the expenses of performing the duties of a board of guardians.

(3) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-section applies on a hereditament or tenement situate in the area which at the passing of this Act constitutes the urban district of Killiney and Ballybrack, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates (other than the police rate) assessed on the said urban district for or in respect of the year beginning on the 1st day of April, 1929, as was raised for purposes other than defraying the expenses of performing the duties of a board of guardians.

(4) Sub-sections (1) and (2) of this section shall apply to every municipal rate made in the City for or in respect of a year prior to the year beginning on the 1st day of April, 1936, and sub-section (3) of this section shall apply to every municipal rate made in the Borough for or in respect of a year prior to the year beginning on the 1st day of April, 1936.

(5) The following purposes shall be excepted purposes within the meaning of this section, that is to say:—

(a) defraying the expenses of performing the duties formerly performed by a board of guardians;

(b) meeting a demand by the Dublin Port and Docks Board under section 27 of the Dublin Port and Docks (Bridges) Act, 1929 (No. 2 (Private) of 1929);

(c) defraying expenses incurred or meeting a demand made under any Act (other than this Act) passed by the Oireachtas after the 31st day of March, 1930, whether before or after the passing of this Act.

(6) Nothing in this section shall apply to a rate assessed on a hereditament or tenement mentioned in the Second Schedule to this Act.

Rating of certain classes of property.

69. —(1) For the purpose of the assessment and levying of the municipal rate on any hereditament or tenement mentioned or included in a class mentioned in the second column of the Second Schedule to this Act, the valuation of such tenement or hereditament shall be deemed to be reduced to the proportion, specified in the first column of the said Second Schedule in respect of such hereditament or tenement or such class (as the case may be) of the actual valuation under the Valuation Acts of such hereditament or tenement.

(2) Every hereditament or tenement mentioned or included in a class mentioned in the second column of the Second Schedule to this Act shall, for the purpose of assessment to and liability for the municipal rate, be deemed to be excluded from and disentitled to every and any exemption or relief from poor rate which is given by law otherwise than by reduction or control of the valuation on which poor rate is assessed, but such exclusion shall not operate to exempt from rateability to the municipal rate any half-rent which would be rateable to the poor rate if this Act had not been passed.

(3) Nothing in this section shall apply to or operate to reduce the annual value with reference to which the tax in respect of any hereditament or tenement under Schedules A and B of the Income Tax Act, 1918, is to be ascertained.

Application of the Local Government (Rates on Small Dwellings) Act, 1928 .

70. —The Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928) shall, in its application to the City and the Borough respectively, be construed and have effect subject to the following modifications, that is to say:—

(a) the expression “small dwelling” wherever the same occurs in the said Act shall, on and after the 1st day of April, 1931 and subject to any order thereafter made by the Minister under section 2 of the said Act and for the time being in force and subject to this Act, mean a hereditament or tenement separately valued under the Valuation Acts whereof the valuation under those Acts does not exceed eight pounds and the whole or any part of which is structurally adapted for use as a dwelling, and

(b) section 7 of the said Act shall, in relation to hereditaments and tenements which are small dwellings within the meaning of the said Act by virtue only of the modification made by the foregoing paragraph of this section, have effect as if the figures “1931” were substituted for the figures “1929” wherever those figures occur in sub-section (1) of the said section and the figures “1930” were substituted for the figures “1928” wherever those figures occur in the said sub-section.

Rates on vacant premises.

71. —(1) Where a hereditament or tenement which is not a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928) as amended by this Act, is unoccupied at the making of the municipal rate, that rate shall be made upon the person (hereinafter referred to as the owner) who is for the time being entitled to occupy such hereditament or tenement, and upon such rate being paid by such owner, such owner shall be entitled to claim and receive from the Corporation a refund of one-twenty-fourth of such rate in respect of every completed month (reckoned from any day of one month to the corresponding day of the next month) during which such hereditament or tenement is unoccupied either for the purpose of the execution of additions, alterations, or repairs thereto or because such owner is bona fide unable to obtain a suitable tenant therefor, in the case of a hereditament or tenement to which the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923 to 1930 for the time being apply, at the maximum rent for the time being permitted under those Acts or, in the case of any other hereditament or tenement, at a reasonable rent.

(2) When a rate is made by virtue of this section on the owner of an unoccupied hereditament or tenement and such hereditament or tenement is subsequently let by or on behalf of such owner and such rate or any part thereof is in arrear and unpaid, the rate collector by whom such rate is collectable may, in addition and without prejudice to any other remedy for the recovery of the amount of such rate so in arrear and unpaid, serve either personally or by post on the occupier of such hereditament or tenement a notice stating the said amount so in arrear and unpaid and requiring such occupier to pay to such rate collector or his successor in office all rent then due or thereafter to become due by him in respect of the said hereditament or tenement until the said amount is by such payment or otherwise discharged, and, upon such notice being so served, such rate collector or his successor in office shall have the exclusive right to recover, receive, and give a good discharge for all rent required by such notice to be paid to him.

(3) A rate made by virtue of this section on the owner of an unoccupied hereditament or tenement shall not be invalidated by any error or defect in the statement of the name of such owner or by the use of the description “the owner” without any name or addition, and every such rate shall be recoverable from such owner notwithstanding such error or defect or the use of such description.

Special provisions as to certain classes of property in the City.

72. —(1) Any person rated to the municipal rate in the City in respect of his occupation of a hereditament or tenement whereof the occupier (whether the said person or another person) at the passing of this Act is not liable for the payment of the public water rate levied under section 56 of the Dublin Corporation Waterworks Act, 1861, as amended by section 91 of the Dublin Corporation Act, 1890, shall be entitled to deduct annually from all rent accruing due by him after the 1st day of April, 1931 in respect of such hereditament or tenement under a contract of tenancy, express or implied, made before the passing of this Act, a sum equal to one forty-eighth of the valuation upon which the municipal rate in respect of such hereditament or tenement is assessed.

(2) Any hereditament or tenement in the City which is not a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), and which, in the opinion of the City Council, is suitable for use as a dwelling for and is occupied by an artisan or a labourer shall, if the City Council so resolves, be deemed to be a small dwelling within the meaning of that Act, and that Act shall apply to such hereditament or tenement accordingly, but subject to the modification hereinafter mentioned.

(3) In the case of a hereditament or tenement in the city which, in the opinion of the City Council, is suitable for use as a dwelling for and is occupied by an artisan or a labourer and either is or is deemed by virtue of the foregoing sub-section of this section to be a small dwelling within the meaning of the Local Government (Rates on Small Dwellings) Act, 1928 , section 10 of that Act shall be construed and have effect as if the expression “eight-tenths” was substituted for the expression “nine-tenths” in sub-section (1) thereof.

Amendment of the municipal rate.

73. —(1) The manager may from time to time amend any rate or assessment in the municipal rate book by inserting therein the name of any person who ought to have been rated or by striking out the name of any person who ought not to have been rated or by raising or reducing the sum at which a person has been rated or by making such other amendment therein as will make such rate or assessment conformable to the provisions of this Act in regard to the making of the municipal rate.

(2) Every person aggrieved by any such alteration shall have the same right of appeal therefrom as he would have had if his name had been originally inserted in the said rate or assessment and no such alteration had been made therein, and as regards such person the rate shall be considered to have been made at the time when he received notice of such amendment.

Payment of existing loans.

74. —Every loan owing by the Corporation which immediately before the appointed day is charged upon any of the rates abolished by this Act or upon any fund maintained out of the produce of any such rate shall, on and after the appointed day, become and be charged upon the municipal rate or the municipal fund respectively.

Power to borrow for certain purposes.

75. —(1) The Corporation may from time to time, with the consent of the Minister, borrow on the security of the municipal fund and of any revenues of the Corporation or on either such fund or revenues or any part of such revenues such sums as may be required for the following purposes or any of them, that is to say:—

(a) the repayment of all or any of the respective mortgage debts of any of the abolished bodies of which the Corporation is the successor or of any other mortgage debt the liability for which is transferred to the Corporation by or under this Act;

(b) the payment of any moneys properly chargeable to capital and payable by the Corporation by reason of any financial adjustment made under this Act.

(2) Moneys borrowed under this section shall be repaid within such period as the Minister shall sanction.

Decoration of the City.

76. —(1) The Council, by resolution passed under this section and for the passing of which not less than two-thirds of the members of the Council shall have voted, may authorise the expenditure by the Corporation of moneys on the decoration of the City for occasions of public rejoicing or for other appropriate occasions.

(2) Every resolution passed under this section shall specify the occasion for which the decoration of the City wholly or partly at the expense of the Corporation is to be authorised by such resolution and the amount which is to be expended by the Corporation on such decoration.

(3) Subject to the provisions of the next following sub-section the Corporation may expend moneys out of the Municipal Fund in accordance with and in so far as authorised by a resolution passed under this section but not otherwise.

(4) The aggregate amount of the expenditure of the Corporation for the purposes of this section in any local financial year shall not exceed a sum equivalent to a rate of one penny in the pound of the rateable valuation of the City.

Estimate of expenses and rates meeting.

77. —(1) The manager shall cause to be prepared in each local financial year at the prescribed time and in the prescribed form an estimate (in this section referred to as the estimate of expenses) showing the amounts which in his opinion will be necessary to meet the expenses and provide for the requirements of the Corporation during the local financial year then next ensuing.

(2) The estimate of expenses prepared in each year under this section shall be considered by the Council at a meeting thereof (in this section referred to as the rates meeting) at which the manager shall be present and which shall be held at the time prescribed by the Minister either generally or in regard to any particular year and of which not less than twenty-one days' notice in the prescribed form shall have been given by the town clerk to every member of the Council.

(3) Not less than twenty-one days before the day on which a rates meeting is to be held, the manager shall send to every member of the Council and shall deposit in the offices of the Corporation a copy of the estimate of expenses required by this section to be considered by the Council at such meeting, and the manager shall at the same time give notice in the prescribed manner and form of the fact that such estimate of expenses has been made and that a copy thereof has been so deposited.

(4) The copy of the estimate of expenses deposited under this section in the offices of the Corporation may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business, and the manager shall supply to every person making application to him therefor a copy of such estimate of expenses at the price of one shilling per copy.

(5) At a rates meeting or any adjournment thereof under this section the Council may (subject to the subsequent provisions of this section) amend whether by addition, omission, or variation the estimate of expenses required by this section to be considered by them at such meeting, and the Council shall by resolution passed at such meeting or any such adjournment thereof adopt such estimate of expenses either with or without amendment and shall by the same or any subsequent resolution passed by them at such meeting or such adjournment thereof determine in accordance with such estimate as so adopted the rates in the pound to be levied for the several purposes specified in such estimate.

(6) Whenever at a rates meeting an amendment of the estimate of expenses considered at such meeting is proposed and the manager is of opinion that such amendment, if made, would seriously prejudice the efficient or economic performance of the duties of the Council, the manager shall at such meeting state his objection to such amendment and his reasons therefor, and thereupon the Council shall consider such objection and shall either decide at such meeting not to make such amendment or shall adjourn the further consideration of such amendment.

(7) When the further consideration of an amendment of an estimate of expenses is adjourned under the foregoing sub-section of this section, the rates meeting shall, after all business which can lawfully and conveniently be transacted thereat without adjournment is disposed of, be adjourned for not less than fourteen days and at such adjourned meeting the amendment or amendments which occasioned the adjournment (with or without any modification thereof) but no other amendment of the said estimate of expenses shall be considered and decided upon and the business of the rates meeting shall be completed.

Appointment of and reference to a joint committee of reference.

78. —(1) Whenever the City Council or the Borough Council considers that it is expedient that any particular matter relating to the administration of the City or the administration of the Borough or to the administration of both the City and the Borough should be referred to and discussed by a committee (in this section referred to as a joint committee of reference) appointed under this section, such Council may resolve that such matter shall be referred to such committee accordingly.

(2) A joint committee of reference shall consist of—

(a) such number (not exceeding three) of members of the City Council as shall be nominated for the purpose by that Council, and

(b) such number (not exceeding three) of members of the Borough Council as shall be nominated for the purpose by that Council.

(3) Whenever the City Council or the Borough Council resolves that a matter shall be referred to a joint committee of reference, the following things shall be done by the said Councils respectively, that is to say:—

(a) the Council by which such resolution was passed shall nominate such members of such committee as it is entitled and thinks fit to nominate, and

(b) the last-mentioned Council shall communicate such resolution and nomination to the other of the said Councils, and

(c) such other Council shall at the next meeting after such communication is received by it nominate such members of such committee as it is entitled and thinks fit to nominate.

(4) When the City Council or the Borough Council has resolved that a matter be referred to a joint committee of reference and the several things mentioned in the foregoing sub-section of this section have been done, such matter shall be deemed to have been duly referred to the joint committee of reference nominated in pursuance of that sub-section, and such committee shall, as soon as conveniently may be, meet and discuss such matter and report the result of such discussion to the said Councils respectively.

(5) All meetings of a joint committee of reference shall be held in the City Hall or other convenient place to be provided by the City Manager.

(6) It shall be the duty of the City Manager to provide from amongst the officers of the City Corporation all such secretarial assistance as may be required by any joint committee of reference.

(7) The City Manager and the Borough Manager respectively shall, whenever so required by a joint committee of reference, attend the meetings of such committee, and each of the said Managers shall be entitled to attend meetings of a joint committee of reference (whether he has or has not been required by such committee so to do) and to take part in the discussions at such meetings.

(8) All expenses (other than the provision of a place of meeting and secretarial assistance) incurred by a joint committee of reference shall be defrayed in the first instance by the City Corporation, and shall subsequently be apportioned between the City Corporation and the Borough Corporation in proportion to the rateable valuation of the City and the Borough respectively, and so much of such expenses as is so apportioned to the Borough Corporation shall be paid by that Corporation to the City Corporation on demand.

Deputy Manager.

79. —(1) If and whenever the manager is on vacation or is through illness, absence from the City or the Borough, or suspension from performance of his duties, temporarily incapable of exercising the powers and functions and performing the duties conferred and imposed on him by this Act, a deputy manager may be appointed under this section for the duration of such vacation or incapacity, but may with the consent of the Minister be removed under this section at any time during such vacation or incapacity.

(2) Where the manager is on vacation and also where the manager is so incapable as aforesaid and such incapacity is due to absence from the City or the Borough, the power of appointing the deputy manager under this section may be exercised by the manager, after consultation with the Lord Mayor or Chairman (as the case may be), before and in contemplation of such vacation or such incapacity (as the case may be), but in every other case, that is to say, where the manager is so incapable as aforesaid owing to illness or suspension and also where the manager is on vacation or is so incapable as aforesaid owing to absence from the City or Borough and a deputy manager is not appointed under this section before such vacation or incapacity or having been so appointed is removed under this section during such vacation or incapacity, the power of appointing the deputy manager under this section shall be exercisable at any time during such vacation or incapacity by the Lord Mayor or Chairman (as the case may be) only.

(3) In every case the power of removing the deputy manager under this section shall be exercisable by the Lord Mayor or Chairman (as the case may be) only.

(4) The deputy manager shall, during the continuance of the vacation or incapacity on account of which he is appointed or until he is sooner removed under this section, have all the powers and shall exercise and perform all the functions and duties of the manager and for that purpose all references in this Act to the manager (other than the references to the manager in this section and the references in this Act to the appointment, tenure of office and remuneration of the manager) shall be construed as including the deputy manager.

(5) There shall be paid by the Corporation to the deputy manager such remuneration (if any) as the Council with the approval of the Minister shall determine.

Legal proceedings.

80. —In every action or other legal proceedings, whether civil or criminal, instituted in any court of law or equity by or against the Corporation the manager shall act for and on behalf of the Corporation and may do all such acts, matters, or things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or prosecutor or the defendant therein, and where any such action or other proceeding relates to the exercise or the performance by the Council of any of the reserved functions the manager shall in the doing of any such act, matter or thing as aforesaid act with the express authority of the Council, which authority shall be deemed to have been given unless and until the contrary is shown.