No. 208/1934:

UNIFORM RATE (PEAT FUEL) ORDER, 1934.

UNIFORM RATE (PEAT FUEL) ORDER, 1934.

UNIFORM RATE (PEAT FUEL) ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 8TH DAY OF AUGUST, 1934, PURSUANT TO SECTION 12 of THE RAILWAYS ACT, 1933 .

In exercise of the powers conferred on him by Section 12 of the Railways Act, 1933 , and of all other powers him in this behalf enabling, the Minister for Industry and Commerce by this Order directs:—

1. That peat fuel, when carried by the Great Southern Railways Company (in this Order referred to as the Company) shall be carried at a uniform rate fixed in accordance with the provisions of Section 12 of the Railways Act, 1933 , over the railway operated by the Company on the 30th day of June, 1934, or where any road transport service may be substituted by virtue of Section 9 of the Railways Act, 1933 , for any part of such railway then this Order shall apply to the carriage of peat fuel by the road service of the Company so substituted as if such road service formed part of the railway services of the Company under the following conditions, that is to say:—

(i) That the minimum quantity of peat fuel in respect of which a uniform rate shall be chargeable shall be five tons ; and

(ii) that the peat fuel shall be loaded in such compact a manner as to occupy as fully as possible the peat fuel tonnage capacity of the railway wagon or the road transport vehicle as the case may be in which it is loaded ; and

(iii) that the loading and unloading of the peat fuel shall not be performed by the Company at the station, siding, or other premises, or place appointed by the Company, of original consignment or final destination ; and

(iv) that the covering of the peat fuel during its carriage whether by road or rail by the Company and the uncovering thereof after such carriage shall be performed by the Company ; and

(v) that the peat fuel when tendered for carriage is packed in bags ; and

(vi) that the charge for the carriage of peat fuel is a charge for the carriage thereof from the station, siding, or from any other premises or place appointed by the Company at which it is tendered to the station, siding, or other premises or place appointed by the Company to which it is consigned ;

(vii) that the peat fuel is carried at owner's risk ; and

(viii) that the peat fuel is carried by the Company's merchandise train services, or by the Company's merchandise road services to which this Order applies, or both of such services ;

(ix) that the charge for the carriage of peat fuel includes the charge for the carriage by the Company of empty bags from the station, siding, or other premises or place appointed by the Company at which the same are tendered to the station, siding, premises or other place appointed by the Company to which the same are consigned, and provided that such empty bags are carried,

(a) at owner's risk ; and

(b) by the Company's merchandise train services or by the Company's merchandise road services to which this Order applies or both of such services.

For the purpose of this condition "empty bags" means empty bags used or to be used for the purposes of the carriage of peat fuel by the Company at a uniform rate.

2. This order shall not apply to the following parts of the railway owned by the Great Southern Railways Company :—

(a) The respective parts of the railway of the Company between the Shragh siding of the Company's station at Doonbeg and the Company's stations at Kilmurry, Quilty, Miltown Malbay, Lahinch, Ennistymon, Corofin and Ennis ; and

(b) the respective parts of the railway of the Company between the Company's station at Moyasta and the Company's stations at Kilmurry, Quilty, Miltown Malbay, Corofin and Ennis ;

in the case of any carriage of peat fuel within such parts.

3. The Minister for Industry and Commerce further directs that this Order shall apply to the carriage of peat fuel by canal on the following conditions, that is to say :—

(i) That the minimum quantity of peat fuel in respect of which a uniform rate shall be chargeable shall be a barge-load ; and

(ii) that the loading and unloading of the peat fuel is not performed by the carrier ; and

(iii) that the covering of the peat fuel during its carriage by canal and the uncovering thereof after such carriage is performed by the carrier ; and

(iv) that the peat fuel when tendered for carriage is packed in bags ; and

(v) that the charge for the carriage of peat fuel is a charge for the carriage thereof from the harbour, quay or other loading-place on the canal at which it is tendered to the harbour, quay or other unloading-place on the canal to which it is consigned ; and

(vi) that the peat fuel is carried at owner's risk ; and

(vii) that the peat fuel is carried by the Grand Canal Company's barges on their ordinary regular journeys as accommodation is available ;

And the Minister for Industry and Commerce accordingly directs that peat fuel when carried by canal by the Grand Canal Company on the conditions specified above as the conditions applicable to carriage of peat fuel by canal shall be carried at a rate fixed in accordance with Section 12 of the Railways Act, 1933 , in relation to the part of the Canal owned by the Grand Canal Company between Dublin (Ringsend or James' Street Harbour) and Ballycommon, Monasterevan, and Mountmellick respectively.

4. The unit of quantity of peat fuel by reference to which the charge for the carriage of same shall be calculated shall be one ton.

5. Words and expressions defined in the Railways Acts, 1924 to 1933, shall have the same meaning where they occur in this Order as they have in the said Acts.

6. The Interpretation Act, 1923 , applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

7. This Order may be cited for all purposes as the Uniform Rate (Peat Fuel) Order, 1934.

By Order of the Minister for Industry and Commerce.

Dated this 8th day of August, 1934.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce.