Shannon Water and Electric Power Act 1901
| Jurisdiction | UK Non-devolved |
[l
EDW.
7.1
Shanncrz
PKiter
ancl
Electric
Power
[Ch.
CXXXV~.]
Act,
1901.
CHAPTER
cxxxvi.
An
Act
for incorporating
and
conferring powers
on
the
AB.
1901.
Shannon Water
and
Electric
Power
Company
arid
for
0th
purposes.
[
26th
JdyT
._
I901
.]
4
LLEAS
the providing
of
D
water power and electrical
county of Clare ancl the s~ipply therefrom of electricity within
the area of
supply
herein-after defined and the construction for that
purpose of the waterworks weir and other works
in
the comities
of
Clare Limerick Leitriiii and Rosconimon and the county of the
city
of
Liniericli herein-zf ter described would be of public ancl locnl
advantage
:
And
whereas the persons in this Act named with otliers are willing
at
their own expense to construct such stations waterworks and
other works and
it
is expedient that they should be incorporated into
a
company (in this Act called
''
the Company
")
and that powers
should be conferred on tlieiii for that purpose and
for
acquiring
lands for the stations and waterworlis
ancl
generally for cnrrg-ing out
the objects and proi7isions of this Act
:
And
whereas plans and sections sliowiiig the lines situations and
levels of the several works autliorised by this Act and describing
the lands to be taken for the purposes of this Act with
a
book
of
reference containing the
iiaines
of the owners or reputed owners
lessees or reputed lessees ancl
of
tlie occupiers of the
1:incls
and
other property required or which niay
be
taliell
for the several
p,urposes
or
under the powers of this Act were
c1ul~-
deposited with
the clerks of the pence
for
the counties
of
Clare
Limerick
Leitrim
aiict
Roscommon
aacl
the county of tlie city
of
Limerick
and
are
in
this ,\ct referred to
as
the
cleposited
plaiis sections
and
book
of
reference
:
And whereas the purposes
of
this Act cmuot
be
eiTected without
the authority of Parliament
:
-
w":
generating station or stations
at
or near Cloonlara in the
[Price
2s.
Gd.1
[Ch.
cxxxvi.]
Xhannolz
WrcteT
and
Elech-ic
Pozuer
[l
Nnw.
7.1
Act,
1901.
A.D.
1901.
May it therefore please Your Majesty that
it
may be enacted and
be
it
enacted by the King’s most Excelleiit Majesty by :md with
the advice and consent of the Lords Spiritual
ancl
Teniporal and
Commons in this present Parliament assembled and
by
tlie authority
of the same as follows
:-
Short
title.
1.
This Act may be cited
as
the Shannon Water and
fi:lec.tric
Power
Act
$901.
11
1corporll-
2,
The following Acts or pbrtions of Acts
(as
far
as they are
Of
Acts.
applicable for tlie purposes
of
and are not varied
by
or inconsistent
with the provisions of this Act) are incorporated with and form
part of
this
Act (that
is
to say)
:-
The Companies Clauses Consolidation Act 1845 and
Part
I.
(relating
to
cancellation and surrender of shares) and Part
111.
(relating to debenture stock)
of
the Companies Clauses Act
as amended by subsequent Acts
:
-
The Lands Clauses Acts
:
The Waterworks Clauses Act 1847 sections
6
12 to
17
55
and 87
:
The
sections and provisions of tlie Railways Clauses Consoli-
dation Act 1845 with respect to the temporary occupation of
lands near the railway during the construction thereof and
expressions referring to the centre line of the railway shall
mean in the case
of
the embankments dams weir and aqueducts
authorised by this Act the centre lines thereof respectively.
Esccl)tiiig
3.
certlliu
pro-
which are contained
in
the
l;lectric
sectioiis thereof hereinafter mentioned shall not apply to the
Wltiv
Company or their undertaking anything in either of the said Acts
to the contrary notn4hstanding (that
is
to say)
:-
\
i-ions
of
Act\.
Sections
2
and
3
:
-4nd sections 2
3
5
7
8
9
21
to 29
30
so
far
as
respects
supply in hulk
31
to
37
41
48
64 to
68
75
78 and
83
of the
Schedule to the Electric Lightiiig (Clauses) Act 1899 but
except as aforesaid the prorisions of the said Schedule are
incorporated with and form part of this ,4ct.
Eleciiic
liueh
4.
Notwithstanding aiiytlning contained to the contrary in the
111ay
be
Electric Lighting Act 1582
or
in the Electric Lighting (Clauses)
placecl
abore
~,.oun~
milh
Act
1899
or in this Act the Company may with the approval of
wictioii
of
tlie Board
of
Tratle (wliicli approval the said Board are liereby
I
of
‘1
r:de.
authorised to give)
sucil
appro~al being given
by
any writing
11ndc~
the hand of a Secretary
or
an Assistaiit Secrstnry of the l
2
[l
EDW.
7.1
Shannon
fi’citc~
and Electric
Potre)-
[Ch.
cxxxvi.]
Act,
1901.
of Trade place erect and maintain electric lines for the supply of
A.D.
1:))01.
electricity under the powers
of
this Act above the surface of the
ground.
meanings are assigned
by
the Acts wholly
or
partially incorporated
tion’
herewith shall ha\-e tlie same respective 1iie:tnings unless there be
soinetliiiim in tlie subject
or
context repugnant to such coiistruction
And in tliis Act (unless there be something in tlie subject or context,
repugnant thereto)-
The expression
“
the Company
”
ineaiis the Collipany incorporated
by
this Act
;
The expressions
(‘
the waterworks
”
and
“
the undertaking
”
mean
and include respectiyelp the waterworks and weir
ancl
the
undertaking
by
this Act authorised
;
The expression the road authority
”
means tlie authority
constituted under tlie Local Government (Ireland) Act
189s
and having jurisdiction in the district in which the road footpatii
or other right of way in relation to which the expression
is
used
is
situate
;
The expression
“
authorised distriliutor
”
iiieans any local authority
company body or person authorised by Act
o€
Parliament or
Provisional Order confirmed
by
Parliament to give
a
general
supply
of electricity within the area
of
supply or any part
thereof.
6.
William Brownlow Baron Lurgan Vere Ward Brown John
colDpalLy
--
5.
In this Act the several words and expressions to which Interprctn-
9
Chainbr4 Alfred Lane Joynt and Henry Herbert Moiiiague Smith incor-
and all other persons who have already subscribed
to
or shall
hereafter become proprietors in the undertaking and their executors
adniinistrators successors and assigns respectively shall be and are
hereby united into
a
Company for the purpose
of
making and
maintaining the works and water power and generating
st
a
t‘
lolls
herein-after mentioned and for other the purposes of this Act
and
for those pnrposes shall be and are hereby incorporated by the name
of
the
‘’
Sliaiiiioii Water and Electric Power Coiiipany
”
aiid by that
name shnll be a body corporate with perpctual succession and
a
coliilll~>ll seal and with power to purchase take hold and dispose
of lands and other property for tlie purposcs of tliis Act and ivitli
all
the other powers aiid privileges
of
a body corporate.
porated.
7,
Subject to tlie provisions
of
this Act the Company niay Gcnernl
use
water under pi=essure or otherwise for the purpose of producing
Purposes
ot
Company.
A?
3
[Ch.
cxxxvi.]
Shannon
Wafer
and
Electric
Power
[I
EDW.
7.1
Act,
1901.
A.D.
1901
motive power
and
generate
use
and
supply electricity within the
are2 of supply herein-after defined and may erect lay down and
iuaiiitain any buildings worlis machinery mains pipes and other
apparatns which inay be necessarj- or useful for those purposes or
any of them and may acquire and work any patents relating to
tl~c supply of water for motive power and
to
the generation storage
supply measurement transformation and distribution of electricity
and generally may
clo
a11 such acts and things as inay be necessary
or useful for the purposes aforesaid or incidental thereto.
-_
La11cls
fo1
8.
The
Company may suliject to the provisions of this Act
generaling
enter upon take and use compulsorily or
by
agreement the lands
4
tat
ion
:rnd
otller
or
any
part or parts thereof in the counties of Clare Limerick
I""PO-'es.
Leitrim and the county of the city
of
Limerick shown
on
the
deposited plans and clescrihed
in
tlie deposited book
of
reference
and in the First Schedule to this Act and may use those lands
or
any
portion thereof for the erection establishinent and niaintenance
of
a station or stations for the development and use of water power
and
for generating electricity with all necessary and conyenient
builcliiigs turbines engines dynamos machinery apparatus and
conveniences connected with such station or stations ancl may hold
use
let
or
dispose of
so
much of the said lands
as
are not required
for
tlie purposes aforesaid for the erection establishment construction
working
and
inaintenance of ii?anuf:ictories inills workshops industries
houses buildings wl.harves landing-places
ancl
works
and for
all
or
any of the purposes of this Act.
9.
Subject to thr pror%ions of this Act
the
Company may
iiianuhcture acquire maintain ancl
use
and sell let on hire
and
otlierwise dispose of electric
and
other mains storage
arid
other
liatterics dynamos accumulators cables conductors services
Tires
tubes pipes insulators meters distributing cut-out and other
boxes
sv
itches transformers fittings motors and other apparatus for
~)roducing transmitting storing measuring regulating
ailcl
clis.
tributiiig electricity
for
public and private purposes
or
for
coni crting
the.
same
in
to
motive power heat
or
otherwise and
any
other inachinery apparatus
and
appliances necessary or useful
for
any
of
tlie purposes of this Act and inay lay clown
:ml
use
pipes conduits and other ineaiis of water supply for feeding
or
condensing piii
poses
or other purposes connected with tile buildings
jrorks
and
conveniences mains and appljnnces erected
used
or
lii:iil1t:ii11ed
for
the production snppiy
and
distribution of electricity
tliereb>r.
4
Storage
niid
11
i
c.
tributirig
I\
orkF.
rl
Euw.
7.1
Shannon
?%Ater
and
Electric
Pozrey
[Ch.
CXXXV~.]
Act,
1901.
10.
Tlie area nithiti nTIiicli the
Coiiipany
inay huppiy elec-
-jab-
-
1931.
tricity (in this Act called
L
the area of
supply
”)
shrill
be
so
much A
of
the
countv
of the city
of
Limerick and
so
iiiuch
of
tlie
c~unties
S~~PP~Y*
of Clare
and
Limerick
as
are situate witliin
LZ
circle having
n
radius
of thirty iiiiles measured from tlie point of teriiiiiiation
of
Work
No.
1
herein-after clescri1)ed in tlie section
whereof
the niargiiinl note
is
‘(
TYorks.”
under tliis
ilcr
shall he subject to the following provisions
:-
11.
The
powers
of the Conipanj- for tlie
supply
of ~1lectricit-i-
CGiiiiicit)i
-
affecting
11
pi’!
S.
(1)
Electricity sliall be supplied iiiider this Act
ody-
(A)
For
suiy>ly
in 1)ulk to authorised
ciistributors
;
mci
(B)
For
providiiig power to any person
:
(2)
The
electricity supplied to authorisecl clistribntors
nny
?IC
used
hy
tiieiii for lightiiig
or
other
purposes
and
the
electricity
supplied to
~IIT
pei*soii for
pon-er
inav be used
hy
such
perscj:i
for
lighting any premises
on
any
part
of ~rhicli the
power
is
utilised but save
a5
aforesnid
tlie
C~iiipaiiy
shll
iiot
suppl37
electricity for lighting purpobees.
12.
Sothiiig contained in this Act
shall
prevent the
Con;pany
A5
to
appli.
from
ap1)!:.irig
ancl
tlie
Coiiipaiiy
niaj-
aly~y
for
Provision:tl
Orclers
Provisioiizl
cation
for
under the Electric Ligliting
Acts
lS~2
and
1
SSS.
Orders.
13.
Tlic
Coinpzny sliall upon heing reqL:ire:i
to
do
so
by
any
~amp,zny
autIiorisec1 clistributor give
and
continue to give
to
tliat distributor to
supply
of
at
such
point
or
points within tlie
area
of
supply
of
such
distributor eleytiicity
to
as tlicy
iimy
reasonably
require
a
supply
oE
electricity in
bulk
at
a
distri’)ntcr’
price not exceeding the
prices
stated in the Secoiid Sclieclule
to
of
cl,i)Lliy.
this Xct
and
they
sliall
furnish
mtl
lay
siicli
electric
lines
:Ls
inay
be necessarr- for the
purpose
of
siip:)!Ting
to
such
distributor
at
such
point
or
pointh the nzasiiiiuin
power
\;.it11
v,-lii;h
sucli
dist~-il~utor
may
be entitled
io
be
supplied under this Act subject to the conclitions
following (that is
to
say)
:-
Every
sucli
distributor requiring
n
s~ipply of electricity
sliall-
witiiiil
arcs
Serve
LZ
notice upon the Company specifying the point at
whicli
such
supply
is
required to be given and
the
niasiiiiuni
power required to be suppliccl and
the
clay upcn which
such
sullply
is
required to coninmice
(not
being an earlier
ciag
than
a
reasoiiable time after the
chte
of the service of
such notice having regard to the situation
of
the district
and
to
the
length
of
electric line required to be laid
and plant required
to
be erected for affording such
supply)
;
and
A3
3
[Ch.
cxxxvi.]
Sliannon
Water
and
Electric
Power
[I
EDW.
7.1
Act,
1901.
AD.
1901.
Enter into
a
written contract with the Company (if required
by them
so
to
do)
to
continue to receive and pay for
a
supply
of
electricity for
a
period of at least seven years of
such an amount that the payment
to
be macle for the same
shall not be less than twenty pouuds per centuni per annum
on
tlie outlay {excluding expenditure on generating plant
and any electric line then laid) incurred by the Company in
making provision
for
such supply
;
The Conipany
inay
charge for
rz
supply of electricity
to
such
distributor either by the actual ainouiit of electricity
so
supplied or by the electrical quantity contained in the supply
or
by
such other method as inay be agreecl between the
Company and
such
distributor.
If any difference arises under this section such difference shall
be dctermined by
R
single arbitrator to be appointed on the
application of either party by the Board
of
Trade.
-
I’elidty
foi
14.
Whenever tlie Company inake default in supplying
to
electricity
in
hulk to any authorised distributor
to
whoin they
hiill;.
may be and are under this Act required
to
‘supply electricity in
accordance with the foregoing pro\-isions of this Act they shall be
liable in respect
of
each default
to
:i
penalty not exceeding ten
pounds for each day on which the default occurs
:
Provided that the penalties
to
be inflicted on the Company
under this section shall not exceed in respect
of
any one default
not being
a
wilful default on the part
of
the Coinpany the
sum
of
five hundred
poiincls
And provided
also
that in no case shall any
penalty be inflicted in resl)ect of
any
default
if
the Court are
of
opinion that the default was caused by inevitable accident
or
force
majeure or
was
of
so
slight
and
unimportant
a
character
as
not
materially to affect tlie value of tlie supply.
&upply
in
.Irbi
t
ra
t
ion
:LL:
rcp:irtl-
-upply.
15.
Tlie Gonipany shall give
-
a
supply of electricity
to
an)-
person
~.~.lio
requires
R
supply which iiiay be given by this Act
other than
a
supply in bulk upon that person enteriag
into
a
liinding agreeineiit to take the electricity upon such terms
as
failing
agreement shall
he
fixed by
rz
single arbitrator appointed
by
the
Board
of
Tr:&
ancl in fixing such terins (including
a
minimum
annual
511111
to be paid
to
the Company) the arbitrator shall have
regard
to
the
following amongst other considerations
:-
(I)
The period for which the person to whoin the supply is
to
be
giren is prepared
to
bind hiinself to take electricity
:
r;
[I
hw.
’7.1
Shannon
Water
and
Electric
Yowet.
[Ch.
cxxxvi.]
Act,
1901.
(2)
The ainouut o€ electricitj, required
ax1
tlic
I10:irs
cltiring
AD.
IWI.
which the Company can he called upon to supply such
electricity
:
(3)
The capital expenditure in connexion with the
supply
of
sucli electricity
:
(4)
How
far capital expended in connexion
with
such supply may
become iinproductive to the Company upon the discontinuance
16.
Any authorised distributor
or
person supplied with Notice
of
__
of such SUpplJ-.
electricity by the Company under this Act who is desirous of discon-
discontinuing to receive such supply shall give to the Company
sul’FIJ’-
twelve months’ notice in nrriting of their intention
to
discontinue
to
receive such supply Such notice inay be given
so
as
to
expire at
the end
of
the period for which the distributor
or
person has
contracted to continue
to
receive and pay for such supply
or
at
any subsequent date.
distributor or person shall be entitled to be supplied shall be
of
pon’er*
such amount as they may demand
to
be supplied with and which
the Company are in
a
position
to
supply not exceeding what
may
be
reasonably anticipated as the maximuill consumption.
‘If
any difference arises between any such authorised distributor
or
person and the Company
as
to what may be reasonably
anticipated as the consumption of such authorised distributor or
person such difference shall be determined by
a
single arbitrator
to
be appointed hy the Board of Trade.
Company or of any authorised distributor
or
person
to
whom the
~~~~r~i
Coinpany is supplying electricity under this Act appoint and keep
iilspectol..
:ippointed one
or
inore competent and impartial person
or
persons
to
be
an
electric inspector or electric inspectors under this Act and
the
Board
of
Trade
inay
prescribe the fees to be taken by any such
inspector and those fees shall he accounted for and applied
as
may
he
tlirectecl by the Board
of
Trade.
19.
The Company may with the consent of the road authority
erect and maintain
in
or
on any road or footpath within the area
of
erect
?oat--
supply
which they are authorised to break up such posts
as
may he
iiecessary for carrying any
of
their electric lines overhead.
sixty thousand pounds
in
thirty-six thousand shares of ten poimds
each.
tinuance
of
17.
The maximum power with which any such authorised
Maximum
18.
The
Board
of
Trade may
on
the application
of
the
Appoiiit-
to
20.
The capital
of
the Company shall be three hullclrecl and caplt:Li.
A4
7
A.U.
1ir;iI.
Shares
uol
to
be
i,qsnetl
until
ouc
fiftli
paigl.
C:LlIH.
Gcvr
ipt
iii
soils
uot
siii
juris.
ca:e
of
pel-.
Power
to
divide
shares.
Dirideiid
on
preferred
half shares
to
be
paid
[Ch.
cxxxvi.]
Shanno>a
Water
and
Electteic
Poiaer
[I
Enw.
‘7.1
Act,
1901.
2
1.
Except,
as
llcl*eiil-:!fter provided tlie Coii1pany shall not
issue
ariy
sfinre
cre:i.tcd
iincler
the authority of this Act
nor
r;li:ill
any
such
hlinrc
i-e,t
in the
person
acceptiilg
tlie
same
urilcss
acd
until
:I
suiii
not
l~eiiig
less than one iifth
of:
the amovnt
of
sucli
sliare
is
paid
in
respect thereof.
22.
One
filth
of
the amount of
a
skire
shall he the greatest
amount
of
a
call
and
two inoiitlis at least
slid
lie
the interxrl
lietween
succcsire
calls
and
thee fifths of tlie amomit of
n
slxtre
shall be the
utiliost
aggregate anio~uit of the
calls
matie
in
any
year
upon
ziiy share.
13.
If
any money is payable to
a
sliareholder or
mortgagee
cr
debenture
stocliliolder
being
n
iiiinor
idiot or lunatic the receipt
of
the g:.uarciian
or
coiiziiiittee
of
his estate or his tutor
or
curator
bonis shall
be
a
sufficient
clisclixrge to the Coiiipaiiy.
24.
Subject to the provisioi:s of this Act the
Conipa!i-j
with
tlie authority of thee fourths of
the
votes
of the shareholclers
present in
person
or
bp
proxy
at
a
general meeting of
tlie
Company
specially conrenecl
for
tile ~)LW~)(JSC
mnj-
diyicle
aiip
shares in tlieir
capitnl into half shares
of
which
one
shall
be
ea!lecl
“
preferred
half
share
”
arid
tlie
other
shall
be
called
’*
deferred
Iinlf
sliare
”
but
tlie
Company s1i:ill iiot divide any
share
under the authority of this Act
unless and until not
less
tliari sixty
per
centuiii upon such
share
has
heen
paid
up
and
upon
every
such
division fifty
per
ceiituin upon
tlie entire
siiare
sliall be carried to the credit
of
the deferred
half
share (being the whole amount payable thereon) and the residue to
the credit of the preferred half share.
25.
The dividends
which
~rould
be payable on
any
divided
share
if
the
balm
had
continued
:til
entire sharc
sEiall
be applied
in
payinelit of dividends on
the
t1s-o
half sliares
in
manner following
(tliat
is to
say)
First in payiilent of clivicleiicl after such rate
i:ot
exceeding six pounds per centuiii pzr annuiii
as
shall be determined
Once
for
all
at a gei;ei.:il nieetiiig of tlie Company specially convened
for
the purpose
on
the :~iiiount for
tlie
time being paid
up
on the
preferred
ldf
share
and
the reiiiaiuder
if
any
in
psynient of
dividend
on
the cleferrecl
half
share
aiicl
the Company shall not pay
any greater aiiiomit
of
dividend
on
the
two
half shares tliaii would
have been
p,zyalde
on
the entire share
if
the
same
had not been
divided.
26.
Each preferred
half
share shall be entitled out of the
profits
of
each year to the dividend which
inay
have been attached
to
it
by the
Company
as
aforesaid in priority to the deferred
half
8
[l
EDW.
i.]
Sfiannon Water
and
Electric
Power
[Ch.
CXXXV~.]
Act,
1901.
share
bearing
the
same nuniber
but
if
in
any year ending the thirty- AD.
1901.
first day
of
December there sliall
ncjt
he profits available for the
out
ofrofits
payment
of
the full amount
of
tliviclencl on any preferred half share
of
year
only.
for that year
no
part of tlie deficiency
shall
be
made
good
out of
the profits
of
any subsequent year
or
out
of
any other funds
of
the
Company.
27.
Forthwith after the creation of any
haif
shares the same
Ttaif
Aares
shall be registered
hy
the directors
and
each half share sliall bear
izr::
:$-
the same nuiiiher
as
the
number of the entire share certificate in certificates
respect of which
it
was
issued
sild
the directors shall issue certificates
i*slml*
of
the half shares accordingly and shall cause an entry to be
made
in the register of the entire shares
of
tlie conrersion thereof
but
the directors shall not be bound to issue
n
certificate of any half
share until the certificate of tlie existing entire share be delivered
to
them to be cancellecl unless
it
be
shown
to their satisfaction that
such certific:,te
is
destroyed
or
lost
2nd on
any
certificate being
so
delivered
ul,
the directors shall caiicel
it.
share
or
deferred half sliare created under tliis Act
is
issued shall
he
zEi:Je
stated
on
the
certificate of
eac:!i
such
half
share. certificates.
.&S.
Tlic term and conditions
on
which any preferrecl half Terms
of
29,
The
prOVkiQiiS
of
the Coliil~anies C!auses Cocsolic~ation Forfeiture
of
Act
18-15
with respect to 'the forfeiturc of shares for non-liayment
~~~~~~~es.
of
calls
sliall
apply
to
all
preferred lid€ sharer; created under
the
authority
of
this Act and every such preferred half share shall
for that
piirpose
be
considered
:in
entire share distinct from the
corrcsponding deferred
Iialf
sliare and until any forfeited preferred
half share
sliall
be
sold
by the directors a11 dividends which would
be
pavable
thereon
if
the same had Eot been forfeited shall he applied
in
or towards pa~-inent of any expenses attending the declaration
of
forfeiture tliereof
and
of
the arrears of calls for the time being due
thereon with interest.
30.
So preferred half share created under the authority of
P
refclied halt
shares not
to
be
cancelled
or
surrendered.
this Act shall be cancelled
or
be surrendered to the Company.
31.
The several half shares under this Act shall be half shares ~aif shares
to
he lialf
shares
in
in
the capital of the Company
and
every
two
half shares (whether
preferred or deferred
or
one
of each) lield
by
the same person shall capital.
confer such right of voting
at
meetings of tlie Company and (subject
to
the provisions herein-before contained) shall confer and have all
such other rights qualifications privileges liabilities and incidents
as
attach and are incident to an entire share.
9
A.D.
1901.
Portion
of
capit:tl
to
be
subscribed
before
c:
wnpulsory
pwers put
in
force.
Certificate
of Board
of
Trade
that
portiou
of
capital has
been
5
it
hs cr i
b
ecl
.
Power to
.nbicri
be
for
shares
or
1e:d
money
to
other
uiidertak-
inzs.
Power
t.o
borrow.
[Ch.
cxxxvi.]
Shannon
Water
and
Electric.
Power
[I
Enw.
7.1
Act,
1901.
32.
When any sum not less thau one liundred thousand pounds
prt of the capital
of
the Company shall have been subscribed
under contract lhding the parties thereto their heirs executors
and adiizinistrators for tlie payment
of
the several
sums
in such
portion of capital
by
them respectively subscribed
it
shall be lawful
for the Conipany to put in force the powers
of
this Act
in
relation
to the coiiipnlsory taking of land for the purposes
of
this Act.
33.
-1
certificate under tlie hand of
a
Secretizry
or
an Assistant
Secretary
of
the I3oarcl of Trade certifying that the said
sun1
of
one
hundred thousand
pounds
has been subscribed
as
af
oresaicl
shall be
sutficient evidence thereof and on the application of the Coinpany
and
the procluetion of such evidence
as
the Board of Trade shall
think proper and sufficient they
shall
gmnt
3
certificate accordingly.
34.
The Company niay subscribe
for
purchase hold ancl dispose
of shares or stock in any incorporated coinpany taking or agreeing
to take
R
supply
of
electricity from the Company or
who
are
establishing or are about to establish factories or works on any of
the
lands of the Company and may lend iiioney on mortgage bond or
other security to any such company
or
to any firm or person taking
or
agreeing
to
take
such
supply
from tlie Company
or
who
are
establishing
or
are
about to establish factories or works on any of
the 1a:icls of the Coiiipaiiy Provided that the amount
so
subscrilxii
espendecl and lent
by
the Company under this section shall not at
any
one the exceed fifty thousand
pounds.
35.
The
Coiiipany
may
in respect of the capital of three
hmicirecl and sixty thousand poiids
1)s
this Act authorised borrow
on niortgatge
of
the undertaking any
miii
or
smiis not exceeding
in the whole tlie sum of
one
hundred and eighty thousand pouiids
ancl
of
the
said
suiii
of
one hunclrecl and eighty thousand pounds
they nia~v tiorrow
a
sun1 of sixty thousand pounds in respect
of
each one liundrecl ancl twenty thousand
~OLIIL~S
of the said capit:xl
Provided that
no
part
of
any of such sums
of
histy thousand pouncls
shall
he
borrowed
uiitil
the
wliole
of tlie portion
of
the capital in
respect
of
which the borJ*oTTing is lierehj :iuthorised to
he
made
~.11:111
ha\-e lieen issued ancl accepted
mid
fully paid
up
and the
(hiiipany have pro’ed to tlie justice
wli~
is
to
certify under the
forty-second section of the Companies
U:iuke,
Consolidation Act
IS45
(before
he
so
certifies) that the xholc
of
tlic: portion
of’
the
said
capital in respect of which it
is
proposed to borrow has been
i~:h~~ed ancl is fully paid
up
ancl upoii the protluction to
such
justice
of the
books
of the Company
and
of
wch other evidence as he slid1
10
[l
Em-.
7.1
Shimon
Water
vrid
Electric
Pozcei.
[Ch.
cxxxvi.]
Act,
1901.
think sufficient he shall grant
a
certificate that the proof aforesaid A.D.
1901.
has been given which shall be sufficient evidence thereof.
-
36.
The mortgagees of the undertaking may enforce payment
For
ap-
--
-
oiutment
of arrears of interest
or
principal
or
principal and interest due on
P
of
n
receiver.
their mortgages by the appointment of
a
receiver In order to
authorise the appointment
of
a
receiver in respect of arrears of
principal the amount owing
to
the mortgagees by whom the
application for
a
receiver is made shall
not
be less than ten thousand
pounds in the whole.
to the provisions
of
Part
111.
of the Companies Clauses Act
stock*
but notwithstanding anything therein contaiiied the interest
of
all
debenture stock and of all mortgages at any time created and issued
or granted by the Coinpany under this Act
or
ally subsequent Act
sliall subiect
to
thc provisions of any subsequent Act rank pari
passu (without respect
to
the dates of the securities or resolutions
by
which the stock and mortgages were authorised) and shall have
priority over all principal moneys secured by such mortgages
Notice of the effect of this enactment shall be endorsed
on
all
mortgages and certificates of debenture stock.
debenture stock
or
borrowing shall be applied only to the purposes
Of
of this Act
to
which capital is properly applicable.
37.
The Company may create and issue debenture stock subject Debenture
38.
All moneys raised under this Act abether by shares Applicatiou
39.
The first ordinary meeting
of
the Coinpany shall be held First
or-
diunry
meeting.
within six months after the passing of this
Act.
40.
'The number of directors shall be five but the Company Number
of
niay vary the number provided that the number be not less than dircctorr*
three nor more than seren.
41.
The c~ualification
of
:L
director shall be the Iiossession in
Qualification
of
(lirectois.
his
own
right of
not
less than thirty shares.
42.
The quorum of
a
meeting
of
directors shall he three.
43.
Vere Ward Erown John Chambrd Alfred Lane Joynt First direcm
Henry Herbert J1ont:igue Sinitli
noininatetl by them or the inajority of them and consenting to
such nomination shall be the first directors of the Company and
shall continue in
ofice
until tlie first ordinary meeting held after
the passing
of
this
Act.
hy
proxy iiiay either continue in office the directors appointed by
Quorum.
and one other director to be tor.-
44.
Lit
that iiieeting the shareholders present in person
or
Election
of
11
[Ch.
CXXXV~.]
Shamozz
Water
and
Electric
Pozuer
[I
EDW.
?.]
Act,
1901.
A.D.
1901.
this Act (or noininatecl
as
aforesaid)
or
any
of them or may elect
a
new body
of
directors or directors
to
supply the place of those
not continued in office the directors appointed by this Act (or
nominated
2s
af
oresaid) being if they continue qualified eligible
for
re-election and at the first ordinary meeting to he held in every
year after the first ordinary meeting the shareholders prescnt in
person or
by
proxy shall (subject to tlie power herein-before
contaiiied for varying
the
number of directors) elect persons to
supply the places
of
the directors then retiring from office agreeably
to the provisions of the Companies Clauses Consolidation Act
1845
ancl the sereral persons elected at any siicli meeting being neither
removed nor disqualified
and
not having resigned shall continue
to
he directors until others are elected in their stead in inaniier
provided by
the
same
Act.
Works.
45.
Snllject
to
the provisions of this Act
tiic
Company
inay make construct lay down maintain and use in the lines and
situations and according to tlie levels sho\.~'n on the deposited
plans and sections the several
works
sliown on tlie deposited plans
and
herein-after described or
soiiie
of tliein
~r
some
part
or
parts thereof together with all proper eiiibanliments bridses roads
approaches fences
ways
wells pumping works tanlis basins gnuges
dams screens gates weirs sluices waste
weirs
outlets outfalls adits
engines tunnels bye-channels cuts dreclgiiigs shafts aqueducts
culverts conduits drains iiiains pipes telegraphs telephones and
other means of coniniuiiication houses buildings apparatus and
conveniences connected with the said works or any of them or
subsidiary thereto or necessary for conducting iiispecting main-
taining repairinq
-
1i;aiiaging and using the same
ancl
may
enter on
take and use such of the lands described in the deposited plsns
and book of reference
as
they
inay
require for those purposes.
The works herein-before referred to are the following (that
is
to
say)
:-
Work
KO.
I
An
aqueduct
OF
conduit
(No.
1)
coinmencing
in
the
townland
of
Drummeen parish of liiltenmlea county of Clare
at
a
point in the west bank of the River Shannon
100
yards or
thereabouts from the centre of the canal belonging to or vested
in the C'ommissioners for Public Works in Ireland
at
the point
ahere it joins the River Shannon measured in
a
southerly
direction and terminating at
a
point in the townland
of
Springfield the said point being
400
yards or thereabouts
froin the south-rresterly cririier
of
Springfield
House
measured
in
a
south-westerly direction and
620
yards or thereabouts
-
12
‘;1
EDW.
7.1
Sl~umon
V?utcr
and
Electric
l’ozcer
[Ch.
cxxxvi.]
Act,
1901.
froin the south-eastern parapet of the bridge carrying the A.D.
1901.
public road from Springfield House
to
Cloonlara oVer the
said canal of the Commissioners for Public Worlis in Ireland
measured in
a
southerly direction all in the county of Clare
;
,4n
aqueduct
or
conduit
(No.
2)
commencing
at
the termination
of
the aqueduct
or
Work
No.
1
herein-before
described and teririinating
at
a
point between the said town-
lands
of
Illaunyregan and Sramickeen on the north bank
of
tlie River Shannon
1534
yards
or
tliereabouts from
thp
south-
eastern corner
of
Templemochulla Church (in ruiiis) measured
in
a
north-easterly direction and
1720
yards
or
thereaboiitr;
froin
the
south-western corner of Landscape House measured
in
a
south-westerly direction all in the county of Clare
;
Work
No.
3
The construction
of
a
weir across the River
Shannon coininencing in the townland
of
Errina parish of
Kilteiianlea county of Clare in the western bank of the River
Shaiinoii
at
a
point 1235 pards
or
thereabouts ineasured in
3
southerly direction from the centre
of
the canal belonging
to
or
vested in
the
Commissioners of Public Works in Ireland
at
a
point where it joins
the
Rirer Shannon in the townhind
of Drummeen ancl
11
7
yards
or
therealiouts
from
the north-
western corner of Erriiin mensurecl in
a
north-easterlyv direction
and terminating
at
a
point in the townland of
Laclia
parish
of Stradbally county
of
Limerick
at
a
poilrt
on
the east
bank of tlie River Sliannoi:
12335
y~i*ds
or
thereabonts froin
the centre of Derrylnsk Bridge carrying the railway over
the public
road
leading froin Castlecolinell
to
Mount Pelier
measured in
a
south-westerly direction and
15.5
vartls
or
thereabouts from the sontli-western corner
of
M70rldys
End
measured in
a
north-westerly direction
;
The construction erection layiiig
don-ii
and placing
of
a cable
or
wire
or
cables
or
wires together with all neces-
sary posts poles brackets conduits vires pipes tubes coverings
inspection boses
and
other conveniences
ant1
appliances in
connexion tlieremith conimencing
at
or about the point of
teriniiiatioii of Work
KO.
1
herein-before clescrilJed and
terininnting
at
a
point in the townlaird
uf
Sewcastle and
parish
of
Kilinurry in tlie count:- of Limerick
on
the north
side of
the
inaiii
road
Jexliiiq froiri Liinericli to Cnst!econnell
303
yaicls
or
1
iicreabouts
fro111
tlic centre
of
(_rruoci:;
Bridge
measured
in
a
north-eastcrl:; dirc:tioii along tlie snicl
road
and ninety-thee
yards
or
tilerenbouts
from
tlie
south-Testern
-
Work
?So.
2
Work
No.
4
13
A.D.
1901.
Pow er
to
improve
approaches
of canal to
Lough
Allen.
Power
to
acquire
easement.
[Ch.
cxxxvi.]
Shannon
Wuter
and
Electric
Power
[l
EDW.
7.1
Act,
1901.
corner of Newcastle House measured in
a
south-westerly
direction
;
Work
No.
5
The deepening and widening of the canal belong-
ing
to or vested in the Conimissionera of Public Worl-
\s
in
.
Ireland commencing
at
the Drumleague
Lock
in
t
lie
townlaiid
of Drumleague in the parish of Kiltoghert in the county
of
Leitrim and terminating
on
the bed and foreshore of Lough
Allen
at
the point where the townlands of Blackrock and
Carricknabrack intersect
011
such
foreshore
;
Work
No.
6
An aqueduct sluices culverts and pipes commencing
at the said canal in the towiiland of Cornaroy in the parish
of
Hiltoghert
in
the county
of
Leitrim at
a
point of such canal
700
yards or thereabouts measured
in
a
northerly direction
froin the northmost corner of the lock house at the Druni-
league Locli and terminating at the River Shannon iinmediately
below the Innishnagan Islaiicl at
a
point in the bed
oE
the River
Shannon
1050
yards or thereabouts measured
in
a
south-
westerly direction from the southmost corner
of
the lock house
at the Drumleague Lock
:
Provided that any telegraphs telephones and other means
of
electric
cominunication constructed by the Company shall not be used
for
the purpose of transmitting telegrams or telephone messages in
contravention of the exclusive privileges conferred upon the Post-
master-General
by
the Telegraph Act of
1869.
46.
The Conipany may for
the
purposes of this
Act
dredge
deepen
and
improve the approaches in
LOL@
Allen to the
canal
of the Commissioners of Public Works in Ireland
ancl
the Company
may also strengthen tlie public road bridges on the line of the said
canal between Drumleague and Lough Allen aid also tlie existing
lock at Drumleague.
47.
The Company
inay
suhject to the provisions
of
this Act
purchase and take
by
coinpulsion or agreement an easement
or
right of erecting laying down aiid niaintaining cables wires posts
poles brackets conduits pipes tubes and coverings inspection
boxes
and other conveniences and appliaiices
in
under over or along
the bridge across the Rivet. Shannon at Plussy Lock the bet1
and
foreshore of the River Slian11011
:mcl
the towing-pa th of tlie cam1
of
the Coniinissiofiers of Public Works
in
Ireland
and
any bridges
walls or other works
or
property connected therewith
and
a strip
of
land between the said bridge at
I'lassy
Lock aiid the iiiaiii
road from Limerick
to
Cast!econnell which said
strip
of land
1'4
[1
EDV-.
7.1
Nimmon
H;Clictei,
and
Electric
Power
[Ch.
CXXXV~.]
,4ct,
1901.
towing-path bed and foreshore and bridge are situate in the A.D.
1901.
townlantls
of
Springfield Cappavilla North Cappavilla South
Garrauii and the bed
and
foreshore of the River Shannon in
the parish of Kiltenanlea in the county of Clare and the townlands
of Droniroe Sreehe Kewcastle and
the
bed aiicl foreshore of the
River Shannon in the parish of Hilinurry in tlie county of
Limerick and are
shown
upon the deposited plans and described
in the deposited
book
of reference.
shall have been inade of any lands
or
of the owners lessees
or
occupiers of any lands described in the deposited plans
or
book
of
plans
aut(
reference
it
shall be lawful for the Company after giying ten days'
book
reference.
Of
notice to tlie owners lessees ancl occupiers
of
the lands affected by
such proposed correction to apply
to
two justices for the correction
thereof
aid
if
it
shall
a1)pear to such justices
tbat
such oniissioii
misstatement or erroneous description arose froiii mistake they sliall
certify the sallie accordingly and they sliall
iii
such certificate state
the particulars of ant- such omission and in what respect any such
matter shall have been misstated
or
erroneously described and sucll
certificate shall be deposited with the clerk
of
the peace for thc
county within which such laids are situated and shall also be
deposited with the clerks
of
tlie
district councils within \FihicEi
districts such lands
are
situated and such certificate shall be kept
hv
such clerks
of
the peace and clerks of the said district councils
respectively along with the other documents to which it relates and
thereupon such plans
or
book
of
reference shall be deeinecl to be
corrected according to such certificate and
it
shall
be
lawful
for
the
Company to take the lands in accordance with such certificate.
-
48.
If any omission misstatement
or
erroneous description
Correctiou
of
49.
Subject to the provisions of this Act the Company may
power
to
in constructing the
~orlis
by
this Act authorised deviate
from
the
tleviate.
lines
or
position thereof as shoun
on
the deposited plans relatiljg
chereto to the extent
of
the hits of deviation show11 thereon
and
the
Conzpany inay
also
deviate froin the levels of all
or
any
of
the
works
authorised
by
this Act
as
shown
on
tbe cleposite(1
sections to any extent not exeediiig
six
feet upwards and to a11y
extent downwards.
50.
The Colnpaliy
1113~-
stop
up
and discontinue for public
Company
r0:1ds
Bc.
traffic any footpaths bridle-paths or other tracks
013
over or across
llla.~
stop
11p
the lands described in the
First
Schedule hereto ancl upon tlte
stupping
up
and discontinuance for traffic of the sai~le respectively
the
sites
and
soil thereof respectively
ancl
the fee simple tilerrc,f
15
[Ch.
cxxxvi.]
Shannon
Water
and
Electric
POKC?*
[l
Enw.
7.3
,4ct,
1901.
A.D
1901.
shall be by this Act vested in the Company
so
far as they sre
the owners
of
the adjoining lands
on
both sides free froin all public
and other rights of way
or
passage in over
or
affecting the
same Provided that the Company shall if
so
required by the
road authority provide other footpaths bridle-paths
or
tracks in
substitution for those
so
stopped
up
ancl discontinued to the
reasonable satisfaction of the road authority but the Company
shall not be obliged in the provision of the same to go outside
the limits
of
deviation shown
on
the deposited plans and
in
case
any difference shall arise between the Company and any road
authority with respect to tlie inatters aforesaid such difference
shall be settled by an arbitrator being an engineer who
(unless
otherwise agreed on between the parties in difference) shal!
on
the
application
of
either party after sereii days’ notice in writing to
the other
OF
thein
be
named by the
Board
of Trade and the costs
of
and incident to the reference shall be borne
as
the arbitrator
shall direct.
-
Power
to
51.
Tlie Coxnixmy
inas
divert the public roads numbered
divert
roa‘ls
4
15
50 and
52
on
the deposited
plans
in the townland of
shown
on
deposited Coollisteige and nLuiiberetl
1
on
the deposited
plans
in the
pla
11s.
townland
of
Springfield all in tlie parish
of
Kiltenan!ea
in
the
nianiier shown upon the deposited plans and sections ancl when
and
as
in each case the new portion of any road is inade to the
satisf:iction of the road authority
and
is
open for public use may
stop
up
and came to be discontinued as
a
road
so
much
of the
existing road
as
will be rendered unnecessary by the new portion
of
road
and
when and
so
soon
as each of the said roads
is
eo
stopped
up all rights
of
way o-c-er the same shall cease and the Company
may appropriate and use for the purposes of their undertaking the
site
of
the road
so
stopped
up
as
far
as
the same is bounded on both
sides
by
lands of
tlie
Co111p:iny.
52.
Tlie Company inay
by
means of the waterworks and
other
works
herein-before described or some
of
thein and under and
subject to the provisions
of
this Act take appropriate use collect
abstract and clirert for the purposes of the undertaking the
waters
of
the River Sliannon
ancl
Lough
Allen and the tributaries
tiid
strenilis flowing into the said river and lough or any or either
of
tlicin.
53.
Persons eni1mwcred
by
the Lands Clauses Acts
to
sell
and convey or releap2 lands
iiiay
if they think
fit
suliject to the
proyisions
of
those Acts
and
of
this -4ct grant to tlie Company any
easement right or privilege (not being an easement right or privilege
Yon-er
to
inkc
xLter*
E’ersoiis
ell~o~~c~e~’
Clauses
Acts
to
2~11
by
L~gd>
1G
[l
Buw.
7.1
Shannon
Water
and
.Hectric
Power
[Ch.
cxxxvi.]
Act,
1901.
of water in which persons other than tile grantors have an interest)
A.D.
1931.
required by the Company for tlie purposes of this Act in over or may
affecting any such lands and the provisions of the said Acts with grantense-
respect to lancls
ancl
rentcharges
so
far
as
tlie same are applicable
mente
bc.
in
this
behalf shall extend. ancl apl)lj to sucli grants and to such
easements rights and privileges as aforesaid.
54.
The Company may for
tlie
purposes of this Act purchase
POWY
to
and hold or take on lease (by agreement but not otherwise) in
~u~c~~'~~
adclition to the lands delineated
on
the deposited plans and described agreement.
in the deposited book of reference any lands and hereditaments not
exceeding in the whole seventy-five acres
which
the Conipany
may
from time to time require for the purpose of providing sites
for
nianafncturing and other
works
and industries
ancl
for any of
the
purposes of their undertaking.
Nothing in this Act shall exempt the Company from any inc1ic.t-
ment action or otlier proceeding for
nuisance
in
the cvcnt
of
any
nuisance being caused or permitted
by
them upon any lands acquired
under this section or authorise the Company to erect any st
a
t'
ion
for generating electricity upon any lands acquired under this Act
other than on the lands referred to in the section of this Act of
which the inarginal note is
"
Lands
for generating stiltion and other
purposes."
of lands for the purposes
of
this Act shall cease after the expiratio11
~~~~'&~
56.
Subject to the provisions of this Act if the waterworks
Perio(1
for
and the generating stations authorised by this Act are not coni-
completioll
pleted within five years from the passing of this Act then on the
expiration of that period the powers by this Act granted to the
Company for executing any of such works not
so
completed or
in
relation thereto shall cease except
as
to
so
midi thereof
as
is
then
completed but nothing herein contained shall restrict the Coiiipally
from iiiaintaining using extending enlarging altering replacing
relaying increasing adding to or removing any of the aqueducts
and other works and the generating stations at any time and froin
tinie
to
time as occasion requires.
to
maintain a navigation level in !lie Errina Canal not
lower
protection
of
the
Commis-
than
85
-
90 feet above Ordnance datum mid
on
or in connexion sioners
of
therewith
all
such sluices valves gear or other apparatus
as
may
be
Pu!.lic
-
55.
The powers of the Company for the compulsoiy 11urchase
periocl
for
of three years from the passing
of
this Act.
lands.
of
works.
57.-(1)
The Company shall construct Work
No.
3
so
as
F~~
the
reasoiiahly necessary for the proper regulation
of
the flow of
tile
lro,nnil
Works
in
and
B
17
~
18
stream in accordance
iritli
the provisions of this section and for the
passage of flood water and such weir and all m-orlis
in
coiiiiexioii
theremit11 shall
be
constructed according
to
detailed plans
and
specificstions to be submitted to aiid approved of by the Coin-
inissioiiers
of
Public
Works
in Ireland (in this section called
“
the
Board
of Works
”)
with
openings
for
the free passage of salmon
eels aid other
fish
at all periods
of
tlie year
as
1wovicled
by
the
Fisheries (Ireland) Acts 1842 to
1892
TO
be approved of by the
1)epartnient
of
Agricultarc aiid other Industries ancl Technical
Instruction
in
Ireland (herein-after called
‘c
the Departiiient
”)
The
hard
of
Works
and tlie Department
as
the case
niay
be shall
signify their approval
or
disapproval of tlie said plans aiid specifi-
cations within six weeks after the same are submitted to them
respectirely and in the event of disapproval the said plans
and
specifications shall unless agreed upon between tlie Coiiipany aiid
rlie Board of
Works
ancl tlie Departineiit
as
the case may be
be
settled
by
arbitration
in
tlie inaimer herein-after provided No
mater shall
be
abstracted
froiii
the River Shannon under this Act
iuitil
Work
KO.
3
is
completed in the manner aforesaid.
(3)
The Coiiipii~- shall also construct and
prode
aiid
with
tlie exception of the
Worlis
(cj
ancl
(E)
herein-after iiientionefd
which
will
reniain the property of tlie Eoarcl
of
Works
also
iiiaiiitaiii
at
their own cost the following
worlis
of such dimensions and
materials and according to such plans
as
shall be reasonably
approved of
by
the Board of
Works
and where sucli worlis other
than slices affect salmon eels
or
other
iisli
by
tlie Department
(A)
Sluices at
or
near tlic intake of
Worli
KO.
1
;
(B)
Such
other works
:it
or
near tlie intake of
Worli
No.
1
arid
the outlet of
Work
KO.
2
into tlie River Shannon
as
arc:
necessary to prevent the passage of salmon salnion fry trout
eels eel fry aiid other
fish
into the Coiiipanj
’Y
Works
Nos.
1
aiicl
2
;
(6)
New
&el)
breast gates at Drumleague Lock
and
a
pair
of
guard
gates at tlie canal bridge Druiiisliauibo in connexioii
with Work
No.
5
having tlie sills at the level of
149
Ordnance
or
one foot higher than tlie lower sill at present existing
The
entire
lock
at
Drumleague
to
be reconstructed
011
the Lough
Allen side of the present tail gates
;
(I))
Approach channels of suficient width properly iiiarlied
by
buoys
and
perclies in
Lo~gli
Alleii to Spencer Harbour Coal
Q~ay
at Loi~gh Alleii Cottage and if requirecl by tlie owner
v1z.
:-
[1
EDT.
7.1
Sfia?zim2
Wuter
and
Electric
Power
[Ch.
cxxxvi.]
,4ct,
1901.
for
the
time being to
the
pier docks and slip on O'Reilly's
A.D.
1901.
Island with the bed of
the
said channels at the level of
145
*
50
-
Ordna
nee
;
(E)
Sluices
at
or
near the intake of Work
KO.
6
:
The Board of
Torks
or
tlieir agents iiiay at any time enter
upon the Works
(A)
(E)
ancl
(11)
above clescribed and examine
the state of repair aid condition thereof and the Company shall
forthwith repair
and
iiialte
good
all defects of which notice in
writing shall
bp
given
by
the Board of Works and if the Company
shall make default in
so
doing the said Board mag enter upon the
premises and repair tlie same at the expense of the Coiiipaiiy :~ncl
the reasonable expenses
of
such repairs shall
be
paid
113'
the
Company
to
tlie said Board on dem:incl
:
In
tlie event of any dispute or difference
as
to the necessity or
nature of any of tlie said sluices gates approach cliannels or worlis
the same shall be settled by arbitration in the nianiier herein-after
provided.
(3) The
Board
of
Works
sliall ham
absolute control of tlie
said
Worlts
Eo.
3
and
(IC)
and the worlis connected therewith and
she Company shall on every tmentJT-fifth clay of March and twentF-
fifth day of September pay to the Board of
Works
the expenses
properly incurred
by
tlie said
Board
in
vorliing and niaintaining
tlie same inclucling
the
recording apparatus herein-after iiientioned
and the
works
connected therewith and including the rents
of
houses
for
the weir ancl sluicelieepers respectively
:
The Company
shall
not open
or
allow to he olienecl tlic sluices
:iL
or
near tlie intake of
Work
No.
1
unless and until tliere is at
any time
a
quantity
of
water
not less during the months
of
December and January in encli year than 350,000 cubic feet per
minute and at any tiirie during the niuntlis of February March nncl
-4pril than 250,000 cubic feet per minute and at any time during
the remaining months of each
?-ear
than
90,000
cubic. feet per
minute passing over
or
through
Work
No.
3
:tiid the sluices or
other openings thereof nor shall the Coiu1~any
siifEer
the said sluices
at
or
near the intake of Work
No.
1
to reinaiii open wlieiiever and
so
long
as
the quantity of water passing as aforesaid falls belos
or
is reduced to the amomits
as
tlie case may be herein-before
respectively specified And the Company sliall erect
in
coiinesioii
with tliwsxid weir Work So.
3
in
a situation aid according to
designs approved
by
tlie Board of Works such Mutoiiiatic apparatus
or
water gauge or other arraiigenieizt
as
sliall
correctly register
or
show
at
all
tiiiies or
afford
a
means of calculating thc
B2
19
[Ch.
cxxxvi.]
Niannon
Water
ancl
Elecfric
Pacer
[I
EDW.
7.1
Act,
1901.
A.D.
1931.
quantity of water passing over
or
through the said weir or the
sluices
or
other openings thereof
:
And if the Conipaiiy make default in complying
v
i:ii
the
provisions of this subsection they
sliall
pay to the Boaid
of
Works
as
liquidated damages and not by may of penalty twenty pounds
a
clay
for
each
clay
or
part of
a
day during mhicli such tiefault
continues ancl the
Boarcl
of Works without prejudice
to
the
papent and recovery
of
the said liquidated damages
from
time
to
time
so
often as tlie same niny be necessary may by tlieinselves
:ind
their agents servants
ant1
worlanen enter
upon
Work
No.
L
til1Cl close the said sluices at tlie intake of Work
KO.
1
for so long
::s
a
less quantity tlian die amounts lierc~in-before respec:tively specified
is passing
over
or
through tlic said
Work
KO.
3
and the sluices
or
openings thereof.
(4)
The
Coiii])nny
shall
also vitliin three months after the
commencement
of
the ~vorks by this Act authorised
pay
to the
1)epartiiient
a
sum of two thousand five hunrlrecl
pounds
for the
1
iirpose
of erecting
a
salmon
hatchery (which after
such
pyinent
is
to
be forthwith erected
and
maintained by the Department)
:inti
of executing
works
at the outfall of
Work
NO.
2
consisting
of
2
Ir>ypass
or
cut tlirough tlie Company’s lands at the said
outfall
to
enable salmon on entering same to
pass
on to tlie main
river above such outfall together with inscales
or
gates
to
admit
s:iliiioi; into such outfall and which
works
the Departirienc are
liereby authorised to esecute and the Company shall
aflord
the
Department
all
reasonable facilities for executing such works.
(5)
The detailed plans and drawings for the execution
of
Works
SOS.
1
2
5
ancl
6
shall also
previmsly
to such
works
being comiiienced
he submitted to tlie Board of
Works
for their reasonable
approval
and such works shall be constructed carried out and usecl in such
a manner
as
not to injure the Errina
or
Drumshambo Canals
of
the
Board
of
Works
:
In
the event of any works
or
operations
of
the Company under
tliis Act interfering with
or
prejudicially affecting such canals the
Company
shall
forthwith at their own expense restore and make
b
(rood such canals to the reasonable satisfaction of the Board
of
Works
and if the Company
sball
make default in
so
doing they
shall
(A)
either pay to the Board
of
Works full compensation
for
any damage
or
injury sustained by them by
or
in consequence of
such default and the amount
of
compensation shall
if
not agreed
between the Company :md the Board
of
Works
bc
settled by
arbitration in the manner herein-after provided
or
(B)
the Board
-
20
[l
EIJW.
7.1
3’hurmm
Water
and
Blectric
I’ozuer
[Ch.
cxxxvi.]
Act,
1901.
of
Works
niaj-
at their option iritliout prejticlice to their claiins
for
A.D.
1901.
coinpensatian
a5
above provided tliemselves restore and make
good
-
such canals at tlie expense of the
Company
ancl the costs thereof
if not
agreed
upon sliall be settled by arbitration in the inanner
herein-nfter provided and shall n-lieii agreed or settled be
paid
to
tlie
ltoi~rcl
of
Works
by the Company
oii
cleniaiicl.
(G)-(A)
The Board of
Works
inay
froin time to time as far
as posbible regulate the sluices at or near
the
intake of Work
KO.
G
aixl
those at Balliiitra
so
as
to keep the
lough
from falling
below tile level of 154 Ordnance or rising above the level of
163
0rdn:ince
respectively except when
a
further rise
niay
be due to
the action of floods whether in suinnier
or
winter.
(B)
The
Coinpany
-
shall provide means for the access of salnion
as
clefinecl bj- tlie Fisheries (Ireland) Acts
IS42
to 1893 to Lough
Allen
at
least
as
good
as
the existing means
of
access ancl
to
the
reasorctble satisfaction of the Department.
(7)
Tile
Works
Nos.
1
2
5
and
G
sliall also be constrncted
and
carried out
nncl
maintained in such
a
manner
as not to cause any
interriil)tion to the traffic in the Board of TVcvlis’ carids aid if
nevertlieless the Company in any way came interruption to the
traffic they sliall pay to tlie Board of Works
as
licitdatecl daniages
ancl not
1)y
way
of penalty fifty pounds for each
clay
or part of
a
day
duriny w1iich.the traffic
is
so
interrupted on Errina Caiial and
one
1,0~1iid per
day
on tlie Lough Allen Canal.
(8)
In
the construction of Work
No.
4
the towing path
of
the
canal tlie I)ridge at Plassy and any premises beloiiging to
or
under
the control
of
the
Board
of
Works
shall be cleeimd to
be
a
street
mithin
tlie
iiieatning of section
ancl the incorporated provisions of the Gasworlis Clauses Act
1847
:
And the Company sliall in constructing the said
Work
No.
4
place
an?
cables wires posts pipes tubes and other conveniences and
appliances they inay be authorised
to
place
on
the said towing path
or
the lands of the
Board
of Works
in
such
a
position as the
engineer of tlie Board of
Works
shall reasonably direct
:
Notwithstancling the limits of deviation authorised by this Act
the centre line of Works
Nos.
1
and
2
bv this Act authorised sliall
not
be deviated in the direction
of
the canal
of
the Board of
Works
so
as
to
be nearer thereto without their consent in writing
first
being had
and
obtained wliicli consent
shall
not be unreasonably
withheld.
(9)
Except in
so
far
as
otherwise in this Act provided nothing
in
this Act contained
shall
abridge
or
affect any
of
the powers
13
3
91
[Ch.
cxxxvi.]
Sliaimon
Wafer
and
Electric
Power
[1
EDW.
7.1
,4ct,
1901.
A.D.
1901.
authorities
or
privileges riglits titles ancl interests
vested
in the
Boarcl
of
Worlis
under tlie Shannon Acts
1839
to
12185
or in the
Departiiicnt and tlie Board of
Worlis
shall have full power
to
open
and
clobe
the
sluices at Loiigh Allen
J
:mestown
Roosliey
Tariiion-
Iiarry
Atlilone
Meelicli
and Killaloe at their ahsolute discretion.
(10)
The Coinpany sliall not for the purposes
of
Work
No.
4
under
tlie powers of this Act anything
in
this Act contained to the
contrary notwitiistanc!in,rr purchase or acquire
any
land easeinelit
or
riglit
in
over
upon
or
under tlie property of the Board of Works
witliout tlie consent of the Board
of
Works whicli consent the
Board
of
Works
are liereby authorised to gire.
(11)
If
the owner of any pier
qusy
weir or inill or any bye
trader
or
other person shall sustain special clamage by reason
of
any obstruction or injury
to
the navigation
or
drainage
of
the
Sliaiinoii
or Lo~gli Allen occasioned by the w~rlis of the Company
or
the exercise
of
tlie powers
of
tlie Coinpaiiy under
this
Act the
Coilll’allY shall pay coinpensation for such special clamage the
aiiiount of snch coinpensation
if
iiot agreed upon to he settled
by
arbitratioii
in
the
inanner herein-after provided.
(12)
Before comniencing any of the works authorised
by
this
Act tlie Conipany
shall
deposit
in
tlie Bank of Ireland or invest in
securities to be approved
of
1)s
the
Eoard
of
Works
in thejoiiit mines
of
the Company
and
tlie Secretary
of
tlie
Board
of Works
a
sum
of
twenty tliouxtncl
pounds
or
otherwise secure
sucli
sum
by
lmnd or
otliermk
to
the reasonable satisfaction of tlie
Board
of
Worlm
as
a
b
marantee deposit
to
secure the Board of
TVorlis
against any
loss
or
(lainage ~vliich inay
he
caused
to
their eel fisliwies by tlie execution
of
tlie n-orks or the exercise of tlie powers of the Company under
this
_kt
:
I’rovicled ne\-ertheless that no claim for compensation for
any
loss or damage
to
the said eel fisheries shall he inade by the Board
of IVorks after tlie expiration of
a
period of ten years from the
coiiipletioii of the said. ~orks but the actual loss sustained
by
the
Board
of Works occasioned by the works
of
the Company
or
the
exercise
of
the powers of die Company under this Act (hiring such
period
of
ten
years
with interest for the same
at
the rate of four
pounds per centum per
annuin
from the times of
snch
loss
till
pnyinent together with the capitalised value of the actual loss or
damage caused
by
the execution of the works or the exercise
of
the powers of the Coinpany under this
Act
to
the
Board
of
Works
shall
if
not
agreed upon
be
settled at the expiration of such period
of ten years
by
a,rMration
in
the inaiiiier herein-after provided
:
-
__
21”
[
1
EDW.
7.1
S/tm?itm
M’citpr
uod
Heztric
Pozcrr
[
Ch.
cxxxvi.]
Act,
1901.
I11
case
tlw
said
sv.!ii
or
niiy
part thereof
ma>-
be
deposited
or
invested
as
aforesaid then at the expiration
of
tlie said period of
ten
>pears
or
sooner
if
so
agreed upon tlie
sum
so
deposited
or
invested
or
t.o
inucli
of
the
same
as
remains after payment of the
amount found
to
be
due
to
the
Board
of
Works slid1
be
repaid or
retransferrecl to tlie Company
and
until
the
said
sun1
inay
have
heen
repaid
or
retransferred to
tlie
Coinpniiy or applied in payiiient
of
any
amount found due
to
the
Board
of
Works
the interest
or
diritlencls accruing due thereon shall from tiiiie to time
and
as
ofteii
as
tlie
sanie
shall
heconie
payable
he paid
to
the Company.
(13)
The
Company shall also
pay
to
Anthony
JIacBey
the lessee
of the said eel fisheries froiii the
Board
of
Works
coiiip~ns.ation foi.
any
loss or damage wliic~h may
he
prored
tu
be
sustained
by
hiin
during the unexpired residue of his lease froiii the
Eourd
of
Works
by
reason
of injury to such eel fisheries
caused
by
the execution
of tlie works
or
tlie exercise of the
powers
of
tlie
Companj-
under
this Act
SLX~
compensation if not agreed upon to be settled
1)y
arbitration
in
the
innnner
herein-after provicleci.
(14)
If
any dispute
or differelice
shall arise
in
respect to any
plans specifications drawings
works
to
be
executed compensation to
be
paid or any matter
or
thing
to
he
done
under this section
or
as
to
the meaning
of
this section hetu-een tlie Company
and
the
Board
of
JVorks
or
tlie
Department
or
any other person
as
aforesaid
claiming
to
be eiititled
to
compeiisatioii
as
aforesd
as
the
case
M~ZV
he
such dispute
or
dixerence shnll
be
referred to
and
settled
by
an
enqiiieer
or
other
fit
person to
be
appointed
as
arhitrator
on
tlx application of either party in difference by
the
Local
Govern-
ment
I3oard
for
Ireland
and
tlie
decision of
such
arliitrator shall
be
binding and conclusire and the costs and
expenses
of such
arbitration shall
be
defrayed
as
tlie arbitrator sliall direct
:end
tlie
suhniission
to
reference
aiid
any
award
iiiacle tliereunder may
hc
iiiacle
a
ride
of
Court iii the
High
Court of Justice in
Ireland
on
the application of
either
party witlioct notiw to the other party.
58.
For the protection
of
tlie
Board
of
Conservators
of
the
I)l.)-
So.
8
or
Liiiierick Fisher?- District
ailcl
of
Il:cln-nrtl
Theodore Ingliani
te,+ioll
(A
or
other the owner for the tiiiie being
of
the l[slantl Hou.ie Castle-
~ol,,cr,~,to,,
coiinell and the fisheries held in conuexion therewith and
of
John
of
So.,
01’
Liiiici
rc*k
Massy
Westropp
or
other the
owner
for the time being of
1)oonass
Fl,,lel’y
House
and the fisheries held in coniiesion therewitli
and
of
J
c,iiii
Di-tricat
Thomas
Baron
Massy
or
other the owner for tile time being
of
Tlltolio,c
Hermitage Castle-connell
anti
the fisheries
held
in
connexion
III~I~II
tlierewith
t~ie
following provisions sliall except
i;(i
far
:is
ot~icrwisc
$::i$:i;+y
1~1-
__
1;onld
of
Ell7V:ll
(I
1:
4
23
A.D.
_.
1901.
agreed on
in
writing between the Company and the said Board of
and
~ollll
Conservators and the said owners apply aiid have effect (that
is
Baron
Jiassy
.
(1)
During the month of April
in
any year tlie Conipaiiy
sliall
not
by
means of their R-aterworks anti other worlts at Lougli
Allen
by
this Act authorised take appropriate and abstract
for the purposes of tlie unclertnking the waters of Lougli
Allen and tlie tributaries flom-ing into tlie said lough if and
SO
long as
the
water level
of
the said lough shall fall below
the level of
1G3
Ordnance
:
(2)
During the period between the 1st day of
May
and the
1st day of September in any year the Company shall riot
take appropriate and abstract the
makers
of Lough Allen and
tlie tributaries and streams flowing into the said lough for
any purpose other than for the purpose
d’
providing for the
discharge of the miniiiiuni quantity
of
ninety thousand cubic
feet
of
water per rniiiute passing oVer or through the weir
Work
No.
3
or sluices thereof in accordance with the provisions
of
this
Act
:
(3)
At
or near to the intake of Work
No.
1
lattice gratings of
a mesh not larger than one-fourth of an inch from knot
to
knot or gratings Pormed of bars at
a
clear distance apart not
greater than three-eighths of an inch
(so
as to prevent the
passage of salmon fry or trout into the intake of Work
No.
1)
shall ’ne maintained by the Company at all such times of the
year during the descent
of
salmon fry as shall
be
from time
to time fixed by the Department of Agriculture and other
Industries and Technical Tnstructioa in Ireland (herein-after
in
this section called
“
the Department
”)
:
(4)
Gratings formed of bars at a clear distance apart not greater
than one and
a
quarter inches
(so
as
to
prevent the passage
of salmon grilse
or
peal into Work
No.
1)
shall
be maintained
by the Company at
or
near to the intake of Work
No.
1
at
all such timcs of the year as
shall
from time to time be fixed
by the Department during
I
the descent of salmon and at the
outlet of Work
No.
2
during the ascent of salmon grilse or
peal
so
as to prevent the entrance
of
such fish into such
work
:
(5)
The sluices gratings and any automatic apparatus or water
gauge or other arrangement for showing the quantity of water
passing over the said weir Work
No.
3
shall not be built over
or
in anv other manner hidden from public inspection
as
Thomas
to
[l
Ei)w.
7.1
Shannon
Water
nrzd
Hectric
Power
[Ch.
CXXX~~.]
,4ct,
1901.
provided by the Fisheries (Irelard) Acts
in
tlie case of the
A.D.
1901.
construction of boxes and cribs in fishing weirs and all such
worlis shall be at all times open to the inspection of the
Department and tlie Board of Conservators ancl
of
any
person duly authorised
by
thein or either of tlieni as provided
by
the Fisheries (Ireland) Acts in the case of salmon passes
and fish ladders
:
(6)
It
sliall be lawful for any justice of the peace having
jurisdiction within the district affected whether interested in
fisheries or not
on
either liis personal inspection or on the
sworfi infnrmation of any owner or lessee of
a
salmon fishery
on the River Shannon between the intake of Work
No.
I
and the outlet of Work
No.
2 to make a suiniiiary order
authorising and directing sonie
fit
person to enter upon the
works and close the sluices at the intake of Work
No.
1
if
such justice
is
satisfied that such sluices are open at a
time prohibited by this Act Such order shall be without
prejudice to the payinen
t
and recovery of liquidated damages
as herein provided :lad no such owner or lessee shall be
liable for any damage (other than wilful or negligent damage
to the sluices and wmks
of
the Company) unless the swoi~n
information upon wliich such order
is
made
is
proved to be
substantially untrue
:
(7)
If the Company make default in complying with the
provisions
of
this section
or
with the provisions
of
subsection
(3)
of the section
of
this Act the marginal note whereof is
''
For the protection of the Coininissioners of Public Works
in
Ireland and the Department of Agriculture and other
lndustries and Technical Instruction in Ireland
"
so
far as
relates to the opening of the sluices at or near the intake
of Work
No.
1
and the erection of the automatic apparatus
or mater gauge or other arrangement for registering the
quantity of water passing over
or
through the said weir Work
No.
3
or
the sluices thereof they shall for each and every
ciay during which such default shall have occurred forfeit
ancl pay to the Board of Conservators of the
No.
8
or
Limerick Fishery District and to the owners or lessees of
any fishery of the River Shannon situate hetween the intake
of
Work
No.
1
and the outlet
of
Work
No.
2
by this Act
authorised who shall be injured thereby the
sum
of twenty
pounds by way of liquidated damages and iiot by way of
penalty but shall
not
forfeit and pay in
the
wliole inore than
-
25
[Ch.
cxxxvi.]
Sftumio~z
Wciter
und
Electric
Pozmr
[i
EDW.
7.1
Act,
1901.
AD.
1991.
one hiidred pounds in respect
of
cadi
and
every
day on wliicli
sucli default sliall
haTe
occurrecl
-Any
such
siiiii
or
sunis
shall be recorernhle in
aiiy
court
of
competeiit juriscliction
and
be
iii
addition
to
aiiy damages which
the
Compny
may
pay
or
he
liable to
pay
to
the Coiiiiiiissioiiers
of
Public
Works
in Irelancl.
__
For
pro-
59.
The followiiig provisiws
lor
the protection of
the
inay
or
tcctiou
of
c(1rporatioii
alclerincn
aiicl
lmrgesses of the coiuity
horongh
of
T,iniericli (in
of
Liineyirl,.
this sectioii called
‘’
the
coqioratioii”) sliall except
so
far
as
may
he
otherwise
sgrcctl
011
in
writing between the corporation
and
the
Coiiipany
apply
ancl
hare
effect (that is to
If
at
any time cluriiq
or
after the execution
of
tiic
~vorlis
authorised
liy
this Act
the
depth of
water
flowing
owr
the
sills
of the sluices wliicli
form
part of the corporation
~vaterworlis
at Clareville falls
to
or
helow. such
a
height
as
shall be equal
to
a
flox
of
90,000
cubic feet per niinute
through
the weir
Work
Xo.
3
aiid the sluices thereof accorcliiig to the
I3oard
of
Works
nieaaureiiient,
a
lid
the Coiiipaiiy nevertheless open
or
allow
to
lie
opened tlie sluices at
or
near to the intake of
Work
No.
1
hy this Act authorised the corporation
inay
by
notice
in
writing
signed
hy
their city surveyor call llpoil
the
Coiiipany
to close the said slnices at the
said
intake
of
IVork
Xo.
1
sncl
in
case
of
non-cwmpliance with such notice
by
the Coiiipaiiy within three
clays
after
the
service
of
such
notice
on
the Coiiipaiiy
the
corporation
iiiay
by
tlieiiiselves their
agents
or
servants enter
upon
the
said
Work
No.
1
ailcl
close
tlie said sluices
of
the said
Work
No.
1
for
so
lonz
,L,
n
time
as
the depth
of
n-ater orer
or
through the
said
sills remains
at
or
below
such
a
height
so
measured
as
aforesaid Provided
al\\rayp that tile corporation
shall
be liable in claiiinges for
any
Tvrongful
or
undue exercise of such powers aforesaid
:
(2)
On
the conipletion of the
~~orlis
authorised
by
tliis
i-lct
t,he
Company sliall
on
the application of the corporation supply
electricity in bulk to tlie corporation reasonably suficient
for
the
pulilic electric lighting
oE
the city
of
Linierick
aid
for
the supply
of
electric light to the iiihabitants thereof
to
one
or
more distributing statioiis
as
iiiay be required by the
corporation
at
a
rate
not
exceeding twopence
per
unit
and
for that purpose tlie Company shall
lay
down
all
sacli
mailis
or
cables
as
m:iy
be
necessary
for
supplying such elwtricity
in
bulk to the corpor
a
t’
1011
:
26
[l
EDW.
7.1
Sfianiion
TVcter
aid
Electric
Power
[Ch.
cxxxvi.]
Art,
1901.
(3)
If before
or
at
the espir:~tion of five years from the coinple-
A.D.
1901.
tion of the
works
authorisetl
11v
this Act the corporation shall
be able to slipply and
shall
in fact supply electric light as
af oresaid
by
and with the iiieaiis
aforesaid
the Coiiipny shall
not enter into coiiipetitioii with the corporation in respect of
the said lighting
nor
siipply light within the city
af
Lim&rick
so
long
as
the corporation shall coiitinue
to
supply it
but
the Coiiipany nevertheless shall
bc:
at
full liberty to supply
and
clistribute electricity for all
purposes
other
than
lighting
within
the
said city
Prc!viclecl
aln-ays that any coiiipaiiy
or
person
so
suppliecl
by
the Company with electricity
as
afore-
said sliall not supply
ant1
tlistrihute suclr electricity to any
other person within the said city for electric lighting
:
(4)
If any clispute shall
at
any time arise under the
pro\-isions
of
this section
or
as
to the meaning
of
this
section
or
as
to
any matter
or
tliiiig under this section the
same
sliall
from
time to time
lie
referred
ti,
aiicl
determined
bv
an
:whitrator
to
be
apl)ointecl
by
tlie
Conrtl of Trade
oii
the application of
tlie
corporation
or
tlie Coii1l~:1iiy and the decision of
such
arbitrator sh:ill
be
biiidiiig and coiiclnsive
ancl
the
costs
aiicl
expenses
of
such
arbitration
sliall
be
paid ancl defrayed
as
the
arbitrator shall clirec
t
.
-
60.
The following provisions for
the
protection
of
the Limerick
For
pro-
tection
of
Harbour
Comiiiissioiiers (in this section called
"
the harbour
Limerick
corniiiissioiiers
")
shall except
so
far
as may be otherwise arreed
L
Harbour
on in n-rititig between the harbour cominissioriers and the Coiiipaiiy
apply
and
nave e&ct (that is to
Sothing in this Act contained shall extend
or
be construed
to estericl to repeal alter affect
or
interfere with
the
rights
poM-ers
and
prideges of the harbour coinniissioners under
section
11
of the Limerick
Harbour
Act
186i
or
to
authorise
the Company
to
dredge between
half
tide level and low- water
iiiark in tlie River Shannon without the consent in writing
of the
harbour
corniiiissioiiers which consent shall not be
unreasonal~ly withheld
:
(2)
The Company shall not without the consent in writing
of
tlie
harbour coiiiiiiissioiiers (which coilsent sEinll not be
unreasonably withh&l) erect or build any
pier
clock wharf or
quay
under
the
pon~ers
of tliis Act on any lands situate witliiii
the
Eiarbour
jurisdictioi; of the 1i:trbour coininissioners
or
nearer to the
western
boundary fence of the existing dock
sioners.
27
[Ch.
cxxxvi.]
Shannon
Wute,.
and
Electric
Power
[I
EDW.
‘7.1
Act,
1901.
A.D.
1901.
of the Iiarbour conimissioners at Liinerick than
700
feet; and
iiot outside the line represented by the half tide level between
the outer north-western corner of the floating dock and
Spillane’s Tower
:
(3)
,211
goocis
and merchanclise landed at any pier dock wharf or
quay to be erected by the Company under the powers contained
in this Act within tlie jurisdiction of the liarbour commissioners
and all ships arriving thereat shall be liable to all tolls rates
01-
dues now leviable by the harbour commissioners by virtue
of
the Liinerick Harbour Act
1867
and tlie Limerick Harbour
Act
1588
ancl
the Acts incorporated therewith
:
(4)
The
Compny shall not without the consent in writing of
the hai*bour commissioners purchase compulsorily
so
much of
the lands described in paragraph
(c)
of the First Schedule to
this -4ct as
is
situate within
n
distance of
700
feet measured in
a westerlj- direction from the western boundary fence of the
existing dock of the harbour commissioners
:
(5)
If
an>-
dispute shall at any time arise under the provisions
of
this section or
as
to tlie meaning of this section
or
as to
an:; matter or thing under this section the saine shall from time
to
tiiiie
be referrecl
to
and determined by an arbitrator to lie
appointed
I)!
the Board of Trade on the application
of
the
hi-bour commissioiiers or the Company and the decision of
such arhitrator
shall
be binding and conclusive
aid
tlie costs
and expenses of such arbitration shall be paid and defrayed
as
the arhitrator shall direct.
~
For
pro-
tection of
Maiirice
Mary
JosclhOwaii
is to
sa.)
:---
O’Conor.
61.
For the protection of Maurice Mary Joseph Owen O’Conor
the following provisions except as otherwise agreed
on
in
writing
between liini and the Company shall apply and have effect (that
The Conipaiij before they coininence to abstract water for the
purposes of the unclertaking from Lough
Allen
shall
if
so
reyixired purchase froin the said Maurice Mary Joseph Owen
O’Conor or his successors his or their interest in the island of
Inisfale
(
corninonly called O’Reilly’s Island) in Lough Allen
with all improvements and buildings existing thereon under the
provisions of the Lands Clauses Acts as regards an unwilling
vendor and the said Maurice Mary Jo‘sepli Owen O’Conor or
his successors shall sell the saint: to the Coinpally accordingly
:
Froridecl always that the said Maurice
Mary
Joseph Owen
O’Conor or his successors
slrsll
have the option
OS
repurchasing
28
[l
EDW.
i.]
Shinnon
Wkter
alzd
Hectric
Power
[Ch.
cxxxvi.]
Act,
1901.
the said island froin the Coinpany within two years
after
the
A.D.
1~01.
Company
shall
h\-e
coinineiiced
to
abstract water
as
aforesaid
at
such
j3rice
as
shall be agreed
upon
or
failing agreement
as
shall be determined
by
an
arbitrator
tu
be appointed by the
Board of
Trade
on
the
a:3plication
of
either party whose
decision
dial1
be
final.
62.
The agreement as set forth in tlie Third Scheclule
to
this
Confirmation
__
Act between ~lesan~er ~c~inoiid Bannatyne of tlie
firbz
part the
Shannon
Fisliiiig Company Liinitecl
of
the
second
part
aiid
William
Browidon.
Earon
Lurgan Vere
Ward
Brown
John
Chaiiibr&
Alfred
1,ane Joynt
and
Henry Herbert Montague Smith
of
tlie third part
is
hereby confirmed
and
inade binding
on
the said parties of the
first
and second parts
ancl
tlie Company.
purchase or
r.cquire
in
any urban district within the ineaiiing of
on taking
houses
of
the Public Health c‘Irclaiid)
Act
1878
ten
or
inoi*e houses which
on
labouring
the fifteenth clay
of
Deceiiiber
last
were occupied either
wliolly
or
partially
by
persons belonging to the labouring class
as
tenants
or
lodgers
or
except with the consent
of
the LGC~! Government Board
for Irelarid ten
or
more liouses which
were
not
so
occupied on
the said fifteenth
day
of
December but
haw
been
or
shall
be
subsequently
so
occupied.
(2)
If the Company acquire
or
appropriate any house
or
houses
in contravention of the foregoing provision they shall be liable
to
a
penalty
of
five hundred pounds in respect of every
such
liouse which
penalty shall be recoverable by
the
Local Government Board for
Ireland by zction in the High Court and shall be carried to ancl form
part of
the
Consolidated Fund
of
the United Kingdom Provided
that the Court mai
if
it
think
fit
reduce such penalty.
(3)
The
expression
‘‘
labouring class
”
ineaiis ineclianics artisans
labourers :ind others working
for
wages hawkers costermongers
persons
not
working for wages but working
at
some trade
or
liandi-
craft without employing others except members of their
own
family
and persons other than domestic servants whose income does not
exceed
an
average
of
thirty shillings
a
week and tlie families
of
any
such
persons who may be residing with thein The expression
“house” ineans any house or part of
a
house occupied
as
a
separate dwelling.
63.-(1)
The Company shall not under the powers
of
this Act
Restriction
64.
Notwithstanding anything with respect to the sale
of
Company
superfluous lands in the Lands Clauses Consolidation Act
1545
may
dispose
of
lands
not
contained
t,he
Company may lease for any term not exceeding
29
A.D.
1901.
Temporary
discharge
of
water
into
streams.
Stated
prices.
Revision of
prices.
Dwelling-
houses
for
employees.
[Ch.
cxxxvi.]
Shamon
Water
and
Electric
Power
[I
EDW.
7.1
Act,
1901.
ninety-nine years
ancl
also either before
or
after inalciiig
any
lease
thereof absolutely sell
ancl
dispose
of
to such persons and in such
manner ancl for such consideration
as
the Company tliiiik
fit
any
lands houses
and
property for the time being belonging
to
the
Company which they do not require for the purposes of their
w:tterworlrs and generating station
and
on the lease
or
sale
by
the
Coinlia~iy of any sucli lands houses
and
propertj- they inay reserve
to themselves all
or
any part of the water
or
water rights
or
other
easements belonging thereto
and
inay malie tlie lease
or
sale suhject
to such reservation accorclingly ancl maj also make any sucli
lease
or
sale suliject to such other ressrvatioiis special conditions
restrictions and provisions as they think
fit.
65.
The Company
inay
at any time cause the water
in
any
aylieduct or conduit by this Act autliGrisec1 to be temporarily
discharged into any available stream
or
watercourse other tliati the
Board
of Works Errina
Canal.
'Cn the exercise of the power conferred by this section tlie
Company shall do
as
little clainage
as
may
be
and
shall make full
compensation to all persons
for
any damage sustained
by
theiii
by
reason
or
in consequence of the exercise of such power the amount
of coinpensation to be settled in
case
of difference by arbitration.
66.
The prices to be charged
by
the Company
for
electricity
shall not exceed those respectively stated iii that behalf in tlie
Second Schedule to this Act annexed.
67.--(1)
The
Boarcl
of Trade at
any
tiine after the espira-
tion of
a
period of ten years froin the passing
of
this Act on the
application of the Company
or
of
any
three
or
inore authorised
distributors to wlioiii electricity is supplied
by
the Company in
bulk under this Act or of any twenty persons
to
whoin electricity
is otherwise supplied
by
the Company under this Act may revise
the maxiinuiii prices contained in the Second Schedule to this Act.
(2)
The
Board
of Trade may
if
they think
fit
on the like
application iiialie
R
similar revision at the expiration
of
a
period
of
five years froin tlie date
nt
which the last sucli revision has taken
place.
(3)
On
any
such revision tlie Boarcl
of
Trade inay modify the
provisions of this Act as to price
so
far
as
inay
be necessary to
carry out their decisions on the revision.
68.
The Company limy eiwt and maintain upon the lands
for
the time being belonging to
or
leased
by
theiii cottages
or
clmelling-
houses suitable for their officers worlinien and servants.
30
[I
EDW.
7.1
Shan?ion
Water
and
Electric Power
[Ch.
cxxxvi.]
14ct,
1901.
69.
Notwitlistancling anyvthiiio. in this Act or in any Act
or
A.D.
1901.
Acts incorporated therewith contained tlie Company inay out of
As
to
any moneys
by
this Act authorised to
be
raised pay interest at
pnymellt
of
interest
out
such rate not exceeding three
pounds
per ceiituiri per aniiuiii as
of
the directors may determine to any shareholder on the amount
chiring
coii-
froni time to time paid up on tlie shares
held
by hini respectively
hfrilCLiol’.
from
the
respective tiiiies of such payiiients until the expiration of
tlie tinie by this Act liiiiitecl for the completion
of
the waterworks
by this Act authorised or such less period
as
the directors may
determine sul).ject to the following conditions (that is to
say)
:-
(a)
No
such interest shall begin to accrue until the Company
shall
have obtained
a
certificate froin the Board
of
Trade that
two thirds at least of the share capital
by
this Act audiorisecl
in
respect of which such interest inay be paid
lias
been actually
issued arid accepted and is held by sliareholclers who or whose
executors aclministrators successors or assigns are legally liable
for the same
:
(6)
No
such interest shall accrue in favour of
any
shareholder
for any time during which any call
on
any of his shares is in
arrear
:
(c)
The aggregate amount
to
be
so
paid for interest shall riot
exceed fifteen tliousancl
pounds
aiid the amount so paid shall
not
he
deeiiicd
sliare
capital in respect of which the borrowing
powers
of
tlie
Coiiipaiiy
inay
be exercised but such borrojTing
powers shall
lie
reduced to the extent of one-third of the
amount paid for interest as aforesaid Provided nevertheless
that such reduction sliall apply
ol11~-
to the last portion
of
tlie
moneys
to
be
raised by borrowing
tis
herein-before provided
in
this Act which portion shall
be
reduced accordingly
to
that
extent
:
(d)
Notice that the Conipany
has
power
so
to
pay
interest out
of
capital slinll be given in every prospectus advertisement or
other document of the Company inviting subscriptions for
shares and
in
ererj- Certificate of shares
:
(e)
The half-vearlj- accounts
of
the Company shall
show
the
amount of capital on which aiid the rate at which such interest
has been paid
in
pursuaiice
of
this section,
Save
as
herein-heforc set forth no interest or dividend shall be
paid out of
any
share or loan capital which the Company
are
by
this
nr
any other Act authorised to raise to any shareholder
on
the
amount of the calls macle in respect of the shares held by him but
nothing in this Act
slinll
1)reveut the Company from paying to any
?
-
31
[Ch.
cxxxvi.]
Xhannon
Wccter
and
Electric
Power
[I
EDW.
7.)
Act,
1901.
AD.
1901.
shareholder such interest
on
money advanced by him beyond the
amount
of
tlie calls actually made
as
is in conformity with the
Companies Clauses Consolidation Act
1845.
70.
Nothing contained in this Act sliall authorise tlie Company
to
take
use
or
in
any manner interfere with the bed or soil of
Lough Allen
or
any rights of whatsoever description belonging
to the King’s most Excellent Majesty in right
of
His Crown and
under tlie management of the Commissioners of Woods
wi
tliout
the consent in writing of the Coniiiiissioners
of
Woocls
on behalf
oP
His Majesty first had and obtained for that purpose (which consent
such Commissioners are hereby authorised to give) neither shall
anything in this Sct contained extend to
take
away
prejudice diminish
or
niter any
of
tlie estates rights privileges powers
or
authorities
vested in
or
enjoyed or eserciseable by the King’s Majesty.
cost5
Of
71.
All
costs charges and expenses
of
and incident
to
the
Act.
preparing
for
obtaining
and
passing of this Act (including the
costs
of
the Bill of
1900)
or
otherwise in relation thereto shall be
paid by the Company.
-
Saving
rights
Of
Crown.
32
[
1
EI)W..~.]
Shannon
Water
nnd
Eiectric
I'otcer
[Ch.
cxxxvi.]
Act,
1901.
The
SCHEDULES
referred
to
in
the
foregoing
Act.
A.D.
1901
THE
FIRST
SCHEDULE.
_--
(U,
Certain lands comprising
117
acres or thereabouts in the townlands
of
Springfield parish
of
Kiltenanlea and county
of
Clare along the eastern side
of
the I3oard
of
Works canal and bounded on the west by the said canal aid
on the south
by
an
imaginary line drawn from the Newtown Lock
on
said
canal in
a
due easterly direction for four hurlclred and eighty-five yards
or
thercabouts bounded on the east by a line running from the eastern extremity
of
the said southern boundary running in a northerly direction for a distance
of
seven hundred and fifty yards or thereabouts thence in
a
north-easterly
direction to
a
point an the public road from Springfield to Cloonlara said
points being four hundred and twenty yards or thereabouts from the eastern
abutment
of'
the said bridge carrying
the
public road
over
the said canal
measured along the centre
of
the said public road in
a
south-easterly direction.
comprising ninety-seven acres or thereabouts situate
in
the townland of Courtbrack in the parish
of
Saint Michael's and the
extra-parochial place of the foreshore of the River Shannon all in the
county of the city of Limerick bounded on the east
by
a line drawn
l)ar:dlel
to
and distant seven hundred feet
west
of
the western boundary fence
ot'
tlie
flo:ttiiig dock con~rnencing at half tide level and extending to the
point
\I
here the said line
wonlcl
intcrsect tlie northern fence
ot'
the Uock Road
lmuncled
on
the
zouth
bj
thc Dock
Road
for
a
distance of five hundred
y:trds
or tlierea1)outs
on
the sonth-15 est
by
the municipal boundary extending
from the Dock
Itoatl
to
Spillane's Tower and thence due northwards to
half'
tide level :incl thencf. bounded
011
the north by
a
line extending eastward
:tlong half tide level
to
the
point
of'
conmencement
of
the eastern boundary
before described.
(d)
Certain laiitls comprising eighty acres or thereabouts
in
the townlanu
of
Deffier in the parish
of
Kiltoghert in the countv
of
Leitrim immediately
to
the uorth
of
the Drumleague Lock
on
the canal leading from Drumleague
to Lough Allen and bounded on the east by the bank
of
such canal for
a
distance
of
nine hundred yards or thereabonts thence directly west for
a
distance
of'
four hundred yards or thereabouts thence south to the public
road leading to Drumleague Lock to
the
townland of Drumheriff and bounded
on
the south by such public road.
(c)
Certain lands
-
C
33
A.1).
1901.
[Ch.
cxxxvi.]
Shannon
Water
and
Electric
Potoer
[l
Enw.
7.1
Act,
1901,
THE
SJXOND
SCHEDULE.
---
In this schedule the expression
‘‘
unit
”
shall mean t.he electricity contained
in
R
current of one thousand ampares flowing under an electric motive force of
one volt during one hour.
SECTION
1.
Where the Company charges by the actual amount
of
electricity supplied
(a)
For any quantity not exceeding the equivalent
of
two hundred hours
of
supply at the maximum power at the rate
of
fivepence per unit
;
(B)
For any further quantity exceeding the equivalent
of
two hundred
and
not exceeding four hundred hours of supply at auch inaximuin power at
the rate of threepence per unit;
(c)
For
any further quantity exceeding the equivalent
of
four hmdred
hours
of
supply at such maximum power at the rate of twopence per unit.
they shall be entitled to charge at the following rates per quarter
:-
SECTION
2.
Where the Company charges any consumer by the electrical quantity
contained in the supply given to liim they shall be entitled
to
charge him
acccrding to the rates set forth in eectiou
1
of
this schedule the amount
of
electricity sirpplied
to
him being taken to be
tho
product
of
such electrical
quantity and the declared pressure at the consumer’s terminals that
is
to
say
such a constant pressure at those terminals as
may
be
dcclared
by
the
Company under any regulations made under this
Act.
3
4
[l
EDW.
7.
J
Shutinon
FVater
untl
Electric Power
[Ch.
cxxxvi.]
Act,
1901.
THE
THIRD SCHEDULE.
-
AN
AGREEMENT
made the twenty-fourth day of January
1901
between
ALEXANDER
EDMONU
BANNATYNE of Woodsdown Limerick
Esq.
(herein-after called
“
the Owner
”)
of
the first part THE
SHANNON
FISHING
COMPANY LIMITED having its registered
office at
61
Lower Dominick Street Dublin (hereinafter
called “the Fishing Company
”)
of
the second part aid
WILLIAM
BROWNLOW
BARON
LURGAN
of
21
Lowndes Square
London VERE WARD BROWN of Balnagowan Rathmines
Co.
Dublin
Esq.
JOHN
CHAMBRB of Mespil House
Co.
Dublin
Esq.
ALFRED
LANE
JOYNT
of
No.
4
Stephen’s Green Dublin
Solicitor and
HENRY
HERBERT
MONTAGUE
SMITH
of
28
Victoria
Street Westminster London
Esq.
as Incorporators of the
Company herein-after mentioned (and herein-after called
“
the
Incorporators
”)
of the third part.
WHEREAS
under and by virtue of an indenture dated the 7th day
of
April
1890
and made between the Owner of the first part Alice Maud Phelps
of
the second part Rosetta Anne Phelps
of
the third part and James Fitzgerald
Bannatyne and Ernest James Phelps
of
the fourth part the hereditaments
known
as
the Lax Weir in the river Shannon near Parteen with the cribs
baskets hurdles castle and watch house thereunto belonging and the fishiiigtl
in the said river called the net fishings or fisher’s stent extending from the
new stent or new extent near the said
Lax
weir westwarcl on the said river
according to tte ancient custom situate partly in the county of the city of
Limerick partly
in
the county
of
Limerick and partly in the county
of
Clare
all which said hereditaments and premises are herein-after called the
Lax
Weir
Fishery
”
stand limited to the use of the owner for his life with diver8 remainders
over subject to
a
certain indenture
of
lease thereof dated the 31st January
1834
and made between the mayor sheriffs and citizens
of
the said city
of
Limerick of the
one
part and Poole Gabbett (herein-aftcr called
‘‘
Poole
Gabbett the First
”)
of‘the other part whereby the same were demised
to
the
said Pde Gabbett for the term
of
99
years from the
1st
day
of
November
1833
subject to the payment of the yearly rent of
3001.
thereby reserved and
to the performance and observance of the covenants
by
the lessee and conditions
therein contaiued
:
And whereas by an indentare
of
lease dated the 23th day
of
Aprii
1857
and expressed to be made between Thomas Gabbett Robert Poole Gabbett
and Poole Gabbett legatees under the will
of
the said Poole GaLbett the
Pisat
of
the one part and William Malcoimson
of
the othw part the
Lax
Weir Fishery
~3,s demised
LO
the said William Malcolmson for the term of
75
years from the
1st day
of
May
1857
subject
to
the payment
of
the yearly rent
of
3011.
thereby
reserved and
to
the performance and observance
of
the covenants by the lessee
and conditions
therein
contained
:
c2
35
A.D.
1901.
-
[Ch.
Cxxxvi.]
Shni~izon
H7ufer
lxnd
Electric
Power
[l
Enw,
7.3
Act,
1901.
AD.
1901.
And whereas
by
an indenture dated the 30th day
of
August
1877
and
expressed to be made between the Governor and Company of the Bank
of
Ireland of the first part William King and Nmnie Jfalcolmson
of
the second
part the said William Malcolmson
of
the third part and the Fishing Company
of the fourth part rcciting that the lessees interest under the said last-mentioned
indenture
of
lease was subject
to
mortgages in favonr of the parties thereto
of
the first and second parts respectively the
Lax
Weir Fishery
was
assigned
to the Fishing Company for the residue of the said term of
75
years created
by The said indenture
of
lease subject to the payment of the said yearly
rent
of
3011.
and to the performance and observance of the covenants by thc
lessee and conditions
in
the said indenture of lease contained but freed and
discharged
from
said mortgages
:
And whereas it is intended by the Incorporators to apply to Parliament
for
an
Act for the purpose (inter alia) of incorporating
a
company
to
be
called
“
the Shannon Water and Electric Power Company
”
hereiu-after
referred to
as
‘(&he Electric Company
”
with power to construct water and
other works and in connexion therewith to construct a weir across the River
Shannon
:
And whereas the Owner and the Fishing Company are apprehensive that
the operation of the powers sought for may injuriously affect the Lax Weir
Fishery
:
And whereas they have entered into negotiations with the Tncorpomtors
whereby the Incorporators Iiavt. undertaken on behalf
of‘
tlie Elcctric
Company subject to certain terms and conditions
to
purchase the respectire
interest?
of
the owner and the Fishing Company in the Lax Weir Fishery
and in consequence the owner
and
the Fishing Conipany have irndertnkeii
not to oppose the passage
of
the Bill through Parliament
:
Now
these presents witness that
for
the Consideration herein appearing
the Owner and the Fishing Company agree with the lncorporators
so
far
:~s
the agreements and provisions herein-after contaiuecl ought to be performed
and
observed by the Owner and his successors in title
and
by the Fishing
Company their successors and assigns and the Incorporators on behalf
of
themselves and all other the promoters of the proposed
Bill
and with intent
to bid the Electric Company
so
far
as
the agreements and stipulations
herein-after contained ought to be perfoririecl and observed by the Incorporators
and the other piomoterc and the Electric Company or some
or
one
of
them
(10
hereby agree with the Owner
on
behalf
of
himself and all and every the
persons or person entitled under the limitations of the said indentiwe
of
the
7th
day
of
April
1990
and with the Fishing Company
as
follows
:--
1.
The Owner shall sell and the Electric Company shall purchase the
Lax
Weir Fishery subject to the said indenture
of
lease of the 31st day
of
January
1834
for the
sum
of
5,0001. and the Fishing Company shall sell
and
assign and the Electric Company shall purchase all the rights under the said
indenture
of
lease on the 25th day
of
ayril 1857 for the sum
of
12,500Z.
2.
The
said
sums
of
5,OOOZ.
and 12,5001. shall be paid
as
follows viz. the
sum
of 1,250E. and 3,1251. within
14
days after the allotment
of
any
portion
of
the share
or
loan
capital of the Electric Company and tile 1)alances
of
-
36
[I
1:nw.
7.
J
N~cot:ton
Water
and
Electric
l’owcr
[Ch.
cxxxvi.]
Act,
1901.
3,7501.
and
9,3751.
respectively within three months after such allotment
within which lastrmentioned time the purchase and assignment shall
be
completed and carried out.
3.
The title of the Owner shall commence with
a
Landed Rstates Court
conveyance dated tlie 24th March
1885
from the Right Hon. Henry Ormsby
one
of
the judges of the said court to Alexander Bannatyne The Owner
will convey as
a
tenant for life under the said indenture of the 7th April
1890
and will rnake the necessary application for the appointment
of
trustees for
the purposes
of
the Settled Land Acts
1882
to 1890 and the purchase money
shall be paid to such trustees.
4.
The
Owncr
shall
on
payment
of
the said sum
of
1,2501.
as aforesaid
deliver
to
the solicitors for the Electric Company an abstract
of
title
to
the
Lax Weir Fishery and duly vouch the same and on payment
of
the balance
of 3,7501. making
5,0001.
in all the Owner and the trustees to be appointed as
aforesaid shall execute
a
prolm assurance of the Lax Weir Fishery subject
as
aforesaid to the Electric Company such assurance shall be prepared by the
solicitors for the Electric Compmy and
a
draft thereof shall be submitted
for
approval
to
thc solicitor
of
the owner On completion the original Landed
Estates Court conveyance and the counterpart of the
said
lease
of‘
the
Slst January 1834 will be handed over and the usual acknowledgment and
nndertaking will be given respecting the other documents of titie The
Electric. Compnny \hall be satisfied with a covenant
by
the owncr to pay any
tlnty mhicli may beconic payable
to
the Crown on the death
of
his inother
Mary
tJane Bannatyne and to indemiiify the Company in respect thereof.
5.
Upon payment to the Fishing Company
of
the balance of 9,3751. making
12,500l.
in
all
a.
provided in clause
1
hereof the Fishing Company shall execute
a
deed
of
as+nment
to
the Electric Company
of
all
of
the Fishing Company’s
interest under tlie said lease
of
the
25th
day
of
April
1857
and the said
tleed shall contain
a
convenant by the Electric Company
to
indemnify the
Fishing Company in respect
of
their obligations under the said lease and duly
to observe and perform all the provisions and stipulations in the said lease
contained and on the part of the lessee to be observed and performed The
title of the Fishing (’ompany shall commence with the said indentiire
of
the
30th day
of
August
1877.
6.
The Electric Company shall pay to the Owner and the said trustees
to
be appointed as aforeqaid and to the Fishing (‘ompany all the costs charges
and
expenses
of
making and deducing title and
of
searches and of the conveyance
by the owner to the Electric Company and of the said assignment The Electric
Company shall also pay the proportionate part
of
all rates taxes licences duties
aud
outgoing^
payable in conncxion with the Lax Weir Fishery whether by
the owner or by the
Fishing
Company
as
occupiers for the current year.
7.
The Electric Company shall not be entitled to commence
any
of the works
to
be authorised by the said Act unless
and
until the said sums
of
1,2501.
and
3,125l.
shall have been paid
as
aforesaid to the said trustees and tlle
Fishing Company respectively.
8.
This agreement shall be scheduled to the proposed Act and the
Incorporators undertake that subject
to
any modification
or
alteration which
A.D.
1901.
__
37
[Ch.
cxxxvi.]
Sfmrmon
W&r
und
Electric
Power
[I
EDW.
7.1
Act,
1901.
A.D.
1901.
may be imposed by Parliament the same shall in its present form be confirmed
and declared by the said Act to be binding upon the Electric Company its
successors and aseigns all
af
-vhom are to be deemed included in the expression
''
the Electric Company
"
wherever the same occurs in this agreement and
the context shall not otherwise require and thereupon the Incorporators
shall be released from any responsibility or liability in connexion with this
agreement.
In
witness whereof the parties hereto
of
the first and third parts hnve
hereunto sigiied their names and the Shannon Fishing Company Limited have
liereunto affixed their corporate
seal
thc
clay and year first hercin written.
Signed
by
the said Alexander Edmond
Bannatyne in presence of (the word
"
surrender
"
in clauae
2
being first
struck out and the word
"
assignment
"
being interlined and the word
"
electric
"
heing interlined
iii
A.
E.
RANNATYNE.
clause
6)
-
I?.
M.
FITT
Limerick
Solicitor.
Signed by the said William Rrownlom
Baron Lurgari and Henry Herbert
Montague Smith
iti
presence
of'
ARCHIE
R.
FOWLER
28
Victoria Street
Westminster
S.W.
Solicitor.
LURGAN.
Signed by the said Vere Ward Brown
John Chambr6 and Alfred Lane Joynt
iii
presence
of
VERE
WARD BROWN.
JOHN
CHAMBR~.
A.
LAKE
JOYNT.
J.
T.
CLEVE
H.
H.
MONTAGUE
SMITH.
31
College Green Dublin
Account ants'
C
lerlr
.
Present
when the seal of the Shannon
Fishing Company Limited was
affixed
RICHARD MARTIN
JOHN
DOGHERTY
Seal
of
the Shannon
Fishing
Company
(I:
Limited.
Chairman
Secretary.
Printed
by
EYBE
and
SPOTTIBWOODE,
T.
DIQBY
PIGOIT,
Esq.,
C.B.,
the
King's Printer
of
Acts
of
Parliament.
And
to
be
purohssed,
either
directly
or
through
my
Bookseller,
from
EYRE
AND
SPOTTISWOODE,
EAST
HARDIIW
STREET,
FLEET
th'BlET,
E.C.
I;
or
OLIVBE
AHD
BOYD,
BDIBBUBQE;
or
E.
PONSONBY,
116,
GEARTOH
Sramr,
DUBLIB.
FOB
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