No. 13/1932:

DUBLIN AND BLESSINGTON STEAM TRAMWAY (ABANDONMENT) ACT, 1932

ARRANGEMENT OF SECTIONS

1 Definitions.

2 The appointed day.

3 The Committee of Management.

4 Cesser of the undertaking.

5 Realisation of the property and assets of the undertaking.

6 Reversion of tramway to roadway.

7 Redemption of the guaranteed shares.

8 Advance for redemption of the guaranteed shares.

9 Cesser of liability under the guarantee.

10 Employment, remuneration, and dismissal of officers and servants.

11 Compensation of officers and servants.

12 Certain provisions consequential on the extension of Dublin City.

13 Disposal of unclaimed dividends.

14 Dissolution of the Company.

15 Payment of money into Court.

16 Short title.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO PROVIDE FOR THE ABANDONMENT OF THE DUBLIN AND BLESSINGTON STEAM TRAMWAY AND TO MAKE PROVISION FOR MATTERS CONSEQUENTIAL ON OR ANCILLARY TO SUCH ABANDONMENT.

[22nd July, 1932.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "the Commissioners" means the Commissioners of Public Works in Ireland;

the expression "the Act of 1883" means the Tramways and Public Companies (Ireland) Act, 1883;

the expression "the Order of 1887" means the Dublin and Blessington Steam Tramway Order, 1887;

the expression "the Order of 1927" means the Dublin and Blessington Steam Tramway (Committee of Management) Order, 1927;

the expression "the Dublin Council" means the Council of the County of Dublin;

the expression "the Wicklow Council" means the Council of the County of Wicklow;

the expression "the County Councils" means the Dublin Council and the Wicklow Council;

the expression "the Corporation" means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of the City of Dublin;

the expression "the county borough" means the county borough of Dublin;

references to the council of the county borough shall be construed as references to the Corporation;

the expression "the guarantees" means the several guarantees given by virtue of the Order of 1887 and the respective presentments thereby confirmed;

The expression "the Dublin guarantee" means the guarantee given virtue of the Order of 1887 and the presentment of the Grand Jury for the County of Dublin thereby confirmed;

the expression "the guaranteeing area" means the several baronies and parts of baronies and the several parishes and townlands by which the payment of dividends on the guaranteed shares was guaranteed by the guarantees;

the expression "the Company" means the Dublin and Blessington Steam Tramway Company:

the expression "the Committee" means the Committee of Management appointed under the Order of 1927 and continued with modifications by this Act;

the expression "the undertaking" means the undertaking authorised by the Order of 1887;

the expression "the Interim Manager" means the manager appointed by the Dublin and Blessington Steam Tramway (Interim Management) Order, 1916;

the expression "the guaranteed shares" means the shares of the Company the dividends on which were guaranteed by the guarantees.

2.—(1) The Minister may, by order made with the consent of the Minister for Finance, appoint a day to be the appointed day for the purposes of this Act.

(2) In this Act the expression "the appointed day" means the day appointed under this section to be the appointed day.

3.—(1) The Committee of Management appointed under the Order of 1927 shall continue for the purposes of this Act, as well as for the purposes of that Order, but on and after the appointed day the membership of the said Committee shall be regulated by this section and the Order of 1927 shall not apply in respect of such membership.

(2) The Corporation may nominate three persons approved of by the Minister to be members of the Committee and each of such three persons shall become and be a member of the Committee as on and from whichever of the following dates is the later, that is to say, the day on which his nomination as such member is approved of by the Minister or the appointed day.

(3) No person shall be nominated under this section by the Corporation to be a member of the Committee unless he is a ratepayer in the county borough owning or occupying rateable lands or hereditaments of an annual value not less than ten pounds and situate in the portion of the guaranteeing area which is within the county borough.

(4) Every person who is a member of the Committee on the appointed day or becomes a member thereof under this section on or after the appointed day shall hold office as such member until he resigns such office, or dies, or the Committee is dissolved under this section, whichever first happens.

(5) Every vacancy in the membership of the Committee which shall exist on or occur after the appointed day by the resignation or death of a member shall be filled by the nomination by the Minister of a person to fill such vacancy.

(6) Every person nominated by the Minister under this section shall have the same qualifications in respect of paying rates and owning or occupying land or hereditaments as were required by the Order of 1927 or this section to be held by the member whose resignation or death occasioned such vacancy.

(7) The Committee may act after the appointed day notwithstanding one or more vacancies in its membership and notwithstanding any delay or failure by the Corporation to nominate all or any of the members of the Committee which the Corporation is entitled under this section to nominate.

(8) When the Minister is satisfied that no functions remain to be performed by the Committee under the Order of 1927 or under this Act and that the Committee is no longer required for the purposes of that Order or of this Act, the Minister shall by order declare the Committee to be dissolved and thereupon the Committee shall become and be dissolved.

4.—Notwithstanding anything contained in the Act of 1883, the Order of 1887, or the Order of 1927, the Committee shall, as on and from the appointed day, cease to maintain or work the undertaking.

5.—(1) The Committee shall, as soon as conveniently may be after the appointed day, get in all debts and other moneys payable to the Committee in respect of the undertaking (including moneys payable to the Committee by the County Councils under the guarantees) and pay out of such moneys and any moneys in the hands of the Committee in relation to the undertaking on the appointed day all debts and other payments to the payment of which such moneys are properly applicable.

(2) As soon as conveniently may be after the appointed day, the Committee shall, in such manner and at such time or times as they think fit, sell and convert into money all the property and assets of the undertaking (other than debts and moneys to which the next preceding sub-section of this section applies) and apply the proceeds of such sale and conversion to the following purposes and in the following order, that is to say:—

( a ) firstly, in discharging all debts due by the Committee in respect of the undertaking which are not discharged under the next preceding sub-section of this section;

( b ) secondly, in defraying the expenses incurred by the Committee in the execution of this Act;

( c ) thirdly, in paying the remuneration of the members of the Committee and the officers and servants of the Committee;

( d ) fourthly, in paying to the Dublin Council two-thirds of the surplus of the said proceeds remaining after making the payments hereinbefore mentioned and in paying to the Wicklow Council one-third of the said surplus.

(3) The Dublin Council shall pay to the Corporation such proportion of all moneys paid to the Dublin Council by the Committee under the next preceding sub-section of this section as shall be agreed upon by the Dublin Council and the Corporation or, in default of such agreement, shall be fixed by the Minister for Local Government and Public Health.

(4) The County Councils and the Corporation may each, with the sanction of the Minister for Local Government and Public Health, offer or bid for and purchase for any purpose for which they are authorised to acquire land any land offered for sale by the Committee in pursuance of this section which is situate within their county or the county borough, as the case may be.

(5) The County Councils and the Corporation shall each of them execute at the expense of the Committee such conveyances of property of the undertaking sold by the Committee under this Act as shall reasonably be required by the respective purchasers of such property or by the Committee.

(6) For the purposes of this section all property and assets of the Company which became the property of the County Councils by virtue of sub-section (2) of section 10 of the Act of 1883 and the Order of 1887 and was not disposed of by the Committee before the appointed day and all property acquired and on the appointed day still held by the Committee shall be deemed to be the property and assets of the undertaking.

6.—(1) In this section the word "tramway" means land which was portion of a public road immediately before the commencement of the undertaking and is on the appointed day appropriated to the purpose of the undertaking by reason of the rails and other works of the undertaking being situate thereon or otherwise.

(2) As soon as conveniently may be after the appointed day, the Committee shall remove or cause to be removed from the tramway all rails, sleepers, posts, and other property of the undertaking on or in the tramway, and the tramway shall, piece by piece as such removal is completed, revert to and again become and be part of the public road for all purposes and shall be maintainable accordingly.

(3) All work which may be necessary for making any part of the tramway which has reverted to the public road an integral part of such road and fit and safe for use as such part of such road shall be executed by and at the expense of the council of the county or county borough in which such road is situate.

(4) Where any portion of the tramway has reverted under this section to the public road, any owner or occupier of land adjoining such portion of the tramway may, within three months after such reversion, require the council of the county or county borough in which such land is situate to execute such construction or repair of fences, gates, conduits, and other works as may be reasonably necessary to the use, enjoyment or security of such land in consequence of such reversion, and thereupon it shall be the duty of such council (subject to the right of appeal hereinafter given) to execute such works at its own expense with all convenient speed.

(5) If any difference or dispute arises between an owner or occupier of land and the council of a county or the county borough as to the necessity for or the nature, character, or extent of any works which such owner or occupier has required such council to execute under this section, such dispute or difference shall be decided by the Minister on the appeal of either such owner or occupier or such council and such decision by the Minister shall be final.

7.—(1) In this section references to the holder of a guaranteed share shall include—

( a ) in the case of any such share held by one person only on the appointed day, the personal representative, assignee in bankruptcy, or liquidator (as the case may require) of such person; and

( b ) in the case of any such share held by two or more persons on the appointed day, all such persons and the survivors and survivor of such persons and the personal representative, assignee in bankruptcy, or liquidator (as the case may require) of the last survivor of such persons.

(2) On the appointed day the guaranteed shares of the Company shall become and be extinguished and the register (in this section referred to as the said register) of holders of such shares required by law to be kept by the Company shall be closed and no further entries shall be made in such register.

(3) The Company shall on the appointed day deliver to the Committee the said register and shall thereafter furnish to the Committee such other documents and information in the possession of the Company relating to the guaranteed shares and thereof as the Committee shall from time to time require.

(4) As soon as conveniently may be after the appointed day the Committee shall—

( a ) send by post to every person appearing in the said register to have been the holder or one of two or more joint holders of one or more guaranteed shares on the appointed day notice in writing addressed to such person at his address as stated in the said register informing him that the guaranteed shares have been extinguished by this Act and that the holder of a guaranteed share or shares is entitled to receive from the Committee the sum of five pounds ten shillings for every such share held by him upon his making application therefor in the manner and within the time (not being less than three months from the posting of such notice) specified in such notice; and

( b ) publish at least once in each of two daily newspapers published in Dublin a notice in general terms to the same effect as the said notices hereinbefore required to be sent to holders of guaranteed shares.

(5) The Committee shall, out of the moneys provided for that purpose under this Act, pay to every person who makes such application within such time as is specified in the said notices and appears to the Committee to have been on the appointed day the holder of one or more guaranteed shares the sum of five pounds ten shillings for every such share.

(6) The Committee shall pay into the Circuit Court in Dublin the sum of five pounds ten shillings for every guaranteed share in respect of which no application under this section is made by the holder thereof within the time specified in the said notices or in respect of which no person has within the said time satisfied the Committee that he is entitled to receive the sum of five pounds ten shillings payable under this section.

(7) The payment in accordance with this section by the Committee of the sum of five pounds ten shillings to a person appearing to the Committee to be the holder of a guaranteed share or into the Circuit Court shall be a complete and final discharge of all claims against the Company or the Committee in respect of the guaranteed share in respect of which such sum is so paid except claims for dividends on such share accrued but not paid before the appointed day.

8.—(1) Before the expiration of the time within which the Committee is required by this Act to pay money to the holders of guaranteed shares, the Commissioners shall, out of moneys under their control and applicable to loans, advance to the Committee as agent for the County Councils the sum of £22,000 (twenty-two thousand pounds) which is in this section referred to as "the advance".

(2) The Committee shall apply the advance in paying the several sums of five pounds ten shillings which the Committee is required by this Act to pay in respect of the guaranteed shares to the holders of those shares or into the Circuit Court.

(3) The advance shall be deemed to have been made in equal moieties to the County Councils respectively and each such moiety of the advance shall be repaid and the interest thereon shall be paid by the payment in accordance with this section to the Commissioners in each of the financial years mentioned in the first column of the First Schedule to this Act of the instalments mentioned in the second column of the said Schedule in respect of such year.

(4) In each of the financial years mentioned in the first column of the First Schedule to this Act there shall be paid from the local taxation account to the Commissioners at such time or times and in such manner as the Minister for Finance shall direct, the following sums, that is to say:—

( a ) the sum (in this section referred to as the Dublin grant) mentioned in the third column of the said Schedule in respect of such year; and

( b ) the sum (in this section referred to as the Wicklow grant) mentioned in the fourth column of the said Schedule in respect of such year.

(5) The Dublin grant paid under this section to the Commissioners in any financial year shall be deemed to be so paid in discharge or part discharge (as the case may be) of the instalment payable in that financial year in respect of the moiety of the advance which is deemed to have been made to the Dublin Council.

(6) The Wicklow grant paid under this section to the Commissioners in any financial year shall be deemed to be so paid in discharge of the instalment payable in that financial year in respect of the moiety of the advance which is deemed to have been made to the Wicklow Council.

(7) The Dublin Council shall in each of the first eight of the financial years mentioned in the first column of the First Schedule to this Act pay to the Commissioners at such time or times and in such manner as the Minister for Finance shall direct, a sum equal to the amount by which the Dublin grant paid under this section to the Commissioners in such financial year falls short of the instalment mentioned in the second column of the said Schedule in respect of such financial year.

(8) The Corporation shall in each of the first eight of the financial years mentioned in the first column of the First Schedule to this Act pay to the Dublin Council a sum which bears to the sum payable under this section by the Dublin Council to the Commissioners in that year the same proportion as the aggregate rateable value on the appointed day of all rateable hereditaments and tenements situate in the portion of the guaranteeing area which is within the county borough on the appointed day bears to the aggregate rateable value on the appointed day of all rateable hereditaments and tenements situate in any part of the guaranteeing area except the portion of that area which is within the County of Wicklow on the appointed day.

(9) In each of the first eight of the financial years mentioned in the first column of the First Schedule to this Act the Dublin Council shall raise the amount by which the sum payable under this section by that Council to the Commissioners in that year exceeds the sum payable under this section by the Corporation to the said Council in that year and the said Council shall raise the said amount in the same manner and off so much of the guaranteeing area as is within the county of Dublin on the appointed day as moneys payable by the said Council in respect of the maintenance and working of the undertaking and the dividends on the guaranteed shares were raisable immediately before the passing of this Act.

(10) In each of the first eight of the financial years mentioned in the first column of the First Schedule to this Act, the Corporation shall raise the sum payable under this section by the Corporation to the Dublin Council in that year by means of the municipal rate off the portion of the guaranteeing area situate within the county borough on the appointed day.

9.—(1) The liability of the County Councils in respect of dividends on the guaranteed shares or the completion, working, or maintenance of the undertaking under the guarantees shall cease as on and from the appointed day.

(2) Every liability of the undertaking to the Minister for Finance or the County Councils under the Act of 1883 or the Order of 1887 shall cease as on and from the appointed day.

(3) No moneys shall be payable in respect of the undertaking to either of the County Councils or to the Corporation under section 9 of the Act of 1883 or out of the local taxation account under sub-section (4) of section 58 of the Local Government (Ireland) Act, 1898, for or in respect of any period beginning on or after the appointed day.

(4) Nothing in this section shall prejudice or affect any liability incurred or arising before the appointed day, nor any liability arising after the appointed day in respect of a period ending before that day, nor the making or doing after the appointed day of any audit of accounts or other thing which, if this Act had not been passed, would have been required by law to be done in respect of any period ending before the appointed day.

10.—(1) The Committee may, with the consent of the Minister in every case, do all or any of the following things, that is to say:—

( a ) retain in the employment of the Committee for the purposes of the discharge by the Committee of its functions under this Act such of the officers and servants in the employment of the Committee on the day before the appointed day as the Committee shall think proper;

( b ) employ for the purposes aforesaid such other officers and servants as the Committee shall think proper;

( c ) pay to all officers and servants retained or employed by the Committee under this sub-section such remuneration as the Committee shall think proper;

( d ) dismiss, as and when the Committee shall think proper, any officer or servant retained or employed by the Committee under this sub-section.

(2) The Committee shall, on the day before the appointed day, dismiss all officers and servants who are in the employment of the Committee on that day and are not retained under this section.

(3) The Committee may pay to its own members such remuneration as the Minister shall sanction in respect of work done by the Committee in the execution of this Act on or after the appointed day.

(4) The total amount of the remuneration paid by the Committee under this section to its own members and to officers and servants retained or employed by it under this section shall not exceed the amount of the moneys applicable under this Act to the payment of such remuneration.

11.—(1) Every person who was in the employment of the Committee on the 20th day of April, 1932, shall, unless (either before or after the passing of this Act) he voluntarily retires or is dismissed for misconduct from that service before the appointed day, be entitled to be awarded by the Committee compensation calculated and payable in the manner set out in the Second Schedule hereto.

(2) If any dispute or difference shall arise between the Committee and any person entitled or claiming to be entitled to compensation under this section as to whether he is or is not entitled to such compensation or as to the amount or method of calculating such compensation or in relation to the commutation of such compensation, such dispute or difference shall, on the application of the Committee or of such person, be referred to and heard and determined by the standing arbitrator appointed under this section and the decision of such standing arbitrator shall be final.

(3) The Chief Justice, whenever requested by the Minister so to do, shall appoint a practising barrister to be the standing arbitrator for the purposes of this section and the Minister for Finance shall fix the remuneration to be paid to such barrister for his services as such arbitrator.

(4) All compensation payable under this section and also the remuneration of the standing arbitrator under this section shall be borne by the County Councils and the Corporation in the manner provided by this section but shall in the first instance be paid by the Dublin Council.

(5) Whenever the Dublin Council pays under this section any compensation or remuneration the following provisions shall have effect, that is to say:—

( a ) the Wicklow Council shall on demand by the Dublin Council reimburse to the Dublin Council one-half of the amount of the compensation or remuneration so paid; and

( b ) the Corporation shall, on demand by the Dublin Council, reimburse to the Dublin Council so much of the other half of the said compensation and remuneration so paid as bears to such half the same proportion as the aggregate rateable value on the appointed day of all rateable hereditaments and tenements situate in the portion of the guaranteeing area which is within the county borough on the appointed day bears to the aggregate rateable value on the appointed day of all rateable hereditaments and tenements situate in any part of the guaranteeing area except the portion of that area which is within the County of Wicklow on the appointed day.

(6) The following provisions shall have effect in relation to the provision of the moneys payable by the County Councils and the Corporation respectively under this section, that is to say:—

( a ) so much of the compensation and remuneration payable by the Dublin Council under this section as is not reimbursed to that Council under this section (in this sub-section referred to as the Dublin liability) may be defrayed by the said Council out of so much of the moneys payable to the said Council under this Act as is not payable by the said Council to the Corporation;

( b ) moneys payable by the Wicklow Council to the Dublin Council by way of reimbursement under this section (in this sub-section referred to as the Wicklow liability) may be defrayed by the Wicklow Council out of moneys payable to that Council under this Act;

( c ) moneys payable by the Corporation to the Dublin Council by way of reimbursement under this section (in this sub-section referred to as the county borough liability) may be defrayed by the Corporation out of moneys payable by the Dublin Council to the Corporation under this Act;

( d ) the Dublin liability and the Wicklow liability, if and so far as they respectively are not defrayed under the relevant preceding provisions of this sub-section, shall be raised by the Dublin Council or the Wicklow Council (as the case may be) by means of the poor-rate equally over the whole of the county of Dublin or Wicklow (as the case may be) exclusive of any urban districts therein;

( e ) the county borough liability, if and so far as it is not defrayed under the relevant preceding provisions of this sub-section, shall be raised by the Corporation by means of the municipal rate over the whole of the county borough;

( f ) the Dublin liability, the Wicklow liability, and the county borough liability respectively may, with the consent of the Minister for Local Government and Public Health, be raised by the Dublin Council, the Wicklow Council, or the Corporation (as the case may be) wholly or partially by means of borrowing under this section in lieu of the means provided by the relevant preceding provisions of this sub-section.

(7) Where a County Council is authorised by this section to borrow money, such council may borrow such money under Article 22 of the Schedule to the Local Government (Application of Enactments) Order, 1898, in like manner as if the purposes of this section were mentioned in that Article, and money so borrowed shall not be reckoned as part of the debt of such council for the purposes of the said Article.

(8) Where the Corporation is authorised by this section to borrow money, it may borrow such money as if the purposes of this section were a purpose for which the Corporation is authorised to borrow under the Public Health (Ireland) Act, 1878, and money so borrowed shall not be reckoned as part of the total debt of the Corporation for the purposes of any limitation on its borrowing powers.

12.—(1) Every audit of accounts required by law to be made in respect of any period beginning after the 30th day of June 1931 and ending before the appointed day and every payment or other thing required by law to be made or done in consequence of or in relation to any such audit of accounts (including payments by the County Councils under the guarantees) shall be made and done as if no part of the guaranteeing area had been transferred from the county of Dublin to the county borough.

(2) The Corporation shall recoup to the Dublin Council on demand so much of every payment made by the Dublin Council in consequence of or in relation to any such audit of accounts as is mentioned in the next preceding sub-section of this section (including payments under the Dublin guarantee) as bears to such payment the same proportion as the aggregate rateable value at the date of such audit of all rateable hereditaments and tenements situate in the portion of the guaranteeing area which is within the county borough on that date bears to the aggregate rateable value on the said date of all rateable hereditaments and tenements situate in any part of the guaranteeing area except the portion of that area which is within the county of Wicklow on the said date.

(3) All moneys payable by the Corporation to the Dublin Council under this section shall be raised by the Corporation by means of the municipal rate off the portion of the guaranteeing area for the time being situate within the county borough.

(4) This section shall be deemed to have come into operation on the 1st day of July 1931.

13.—(1) If on the appointed day there are in the possession of the Committee or of the Company any moneys representing unclaimed dividends on shares in the Company, the Committee shall, as soon as conveniently may be after the appointed day, publish at least once in each of two daily newspapers published and circulating in the City of Dublin and the daily newspaper published in London under the title "The Times," a notice—

( a ) requiring any person claiming to be entitled to any unclaimed dividend on any shares in the Company to send by post to the Committee, within the time (not being less than three months from the first publication of such notice) specified in such notice, a claim to such dividend together with particulars of his title thereto; and

( b ) stating that any such dividend not so claimed within the said time will be disposed of by the Committee in accordance with this Act.

(2) When the Committee receives, within the time limited by the notices published in pursuance of the next preceding sub-section of this section, a claim to any such unclaimed dividend as is mentioned in the said sub-section, the Committee, if they are satisfied that the person making such claim is entitled to such dividend, shall pay the amount of such dividend to such person or, if they are not so satisfied, shall pay the amount of such dividend into the Circuit Court in Dublin.

(3) All moneys representing unclaimed dividends on any shares in the Company which are or ought to be in the hands of the Committee at the expiration of the time limited under this section for the making of claims thereto and in respect of which no claim has been received by the Company within that time shall thereupon become and be assets of the undertaking and be disposed of by the Committee as if they were proceeds of the sale and conversion under this Act of property of the undertaking, and no person shall be entitled to be paid by or recover from the Committee or the Company any of the dividends represented by such moneys.

(4) If on the appointed day there is in the hands of the Company any moneys representing unclaimed dividends on shares in the Company, the Company shall on the appointed day pay such moneys to the Committee.

14.—When the Committee is satisfied that the Company has done all things which the Company is required by this Act to do on or after the appointed day the Committee shall give to the Registrar of Companies notice in writing that the Committee is so satisfied, and thereupon the Company shall become and be dissolved by virtue of this Act and the Registrar of Companies shall make in the registers kept by him all such entries as may be necessary or proper in consequence of such dissolution.

15.—Where the Committee is required by this Act to pay money into the Circuit Court, such payment shall be made under and in accordance with section 42 of the Trustee Act, 1893, as applied to the Circuit Court, and that section and rules of court relating to procedure thereunder in the Circuit Court shall apply as if such money were money belonging to a trust and the Committee were the trustees of such trust.

16.—This Act may be cited as the Dublin and Blessington Steam Tramway (Abandonment) Act, 1932 .

FIRST SCHEDULE

REPAYMENT OF ADVANCES.

NOTE. - For the purposes of this Schedule, the first financial year is to be taken to be the financial year beginning on the 1st day of April next after the appointed day, and the second and subsequent financial years are to be reckoned accordingly.

SECOND SCHEDULE

CALCULATION OF COMPENSATION.

1. For the purposes of this Schedule—

( a ) employment by the Company, employment by the Interim Manager, and employment by the Committee shall each of them be deemed to be employment by the undertaking;

( b ) the service of any person shall be deemed to continue up to the day on which he ceased or ceases to be in the employment of the Committee;

( c ) the expression "the critical date" means, in respect of any person, the day before the appointed day or the day on which such person ceased or ceases to be in the employment of the Committee, whichever first occurs;

( d ) references to the earlier or to the later of two dates shall, where those dates coincide, be treated as references to both those dates.

2. The compensation payable to a person who, on the critical date, had been in the employment of the undertaking for a period of less than five years shall be a gratuity calculated on the basis of one-sixth of the amount of his annual remuneration and emoluments on the critical date for every completed year of his service.

3. The compensation payable to a person who, on the critical date, had been in the employment of the undertaking for a period of not less than five years shall be an annual sum to be paid to him during his life not exceeding in any case two-thirds of his annual remuneration and emoluments on the critical date and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every completed year of his service with an addition thereto based on the number of completed years of his service and calculated according to the following scale:—

if he has twenty or more completed years of service, an addition of ten-sixtieths of his said remuneration and emoluments;

if he has fifteen or more completed years of service and less than twenty such years, an addition of seven-sixtieths of his said remuneration and emoluments;

if he has ten or more completed years service and less than fifteen such years, an addition of five-sixtieths of his said remuneration and emoluments;

if he has five or more completed years of service and less than ten such years, an addition of three-sixtieths of his said remuneration and emoluments.

4. In the case of a person who was taken into the employment of the undertaking as a specially qualified person at an age exceeding that at which employment in the undertaking usually began, his actual period of service may be increased by the addition of such number of years as may seem just, having regard to the particular circumstances of the case, and thereupon his compensation shall be calculated on such increased period of service.

5. ( a ) Where any person who is entitled to receive compensation was temporarily absent from the employment of the undertaking and during the whole of such absence was engaged in service in any of the military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy or Air Force, or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924, or was interned or imprisoned in consequence of such service, such temporary absence shall for the purposes of this Schedule be reckoned and included in the period of his service.

( b ) Without prejudice to the provisions of the preceding paragraph, where any person who is entitled to receive compensation was absent from the employment of the undertaking for a period of less than one year on account of the closing or partial closing of the Tramway in consequence of civil strife in the years 1922, or 1923, such absence shall not be deemed to have caused an interruption of his employment if otherwise continuous.

6. Compensation consisting of a gratuity shall be payable on the critical date or the appointed day, whichever is the later.

7. Compensation consisting of an annual sum shall be payable as on and from the critical date or the appointed day, whichever is the later, and shall be paid yearly, quarterly, monthly, or weekly as may be agreed upon between the Dublin Council and the person to whom the compensation is payable.

8. Any person who is in receipt of an annual sum by way of compensation may, within one year from the date on which the amount of such annual sum is fixed, apply to the Committee or, if the Committee has been dissolved, to the Dublin Council to commute not more than one-fourth of such annual sum by payment of a capital sum of money and no such application for commutation shall be unreasonably refused by the Committee or the Dublin Council, as the case may be.