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Statute Law Repeals - Law Commission - Ministry of Justice

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PART 4<br />

IRELAND (DUBLIN CITY)<br />

INTRODUCTION<br />

4.1 The 40 Acts proposed for repeal in this part focus on selected areas <strong>of</strong> the city <strong>of</strong><br />

Dublin’s municipal and service functions during the 19 th and early 20 th centuries.<br />

Dublin has for centuries been the capital city <strong>of</strong> Ireland. From 1801 to 1922 the<br />

United Kingdom Parliament was the sole legislative body for Ireland. Since 1949<br />

Ireland (minus the UK province <strong>of</strong> Northern Ireland) has been a republic with<br />

independent sovereign status. 1<br />

4.2 The repeal candidates span the years 1807 to 1920 and have been grouped<br />

under six headings: steam packet company, hospitals, police and justice, general<br />

post and record <strong>of</strong>fices, public carriage, and Dublin corporation. 2 The individuals<br />

and organisations consulted about these proposals are set out in Appendix 3.<br />

GROUP 1 - DUBLIN STEAM PACKET COMPANY<br />

4.3 The City <strong>of</strong> Dublin Steam Packet Company was founded (for the carriage <strong>of</strong><br />

cargo, mail and passengers) in 1822, and functioned for 102 years. The company<br />

became a formal partnership in 1828 and, later in the same year, under specific<br />

legislation, a joint stock company. 3<br />

4.4 The City <strong>of</strong> Dublin Steam Packet Company Act 1833 4 gave the company various<br />

powers relating to steam navigation and shipping and, amongst other things,<br />

authorised it to raise additional capital by share issue to facilitate navigation on<br />

the river Shannon. Land could be purchased for wharfage and warehousing<br />

purposes. The 1833 Act was time-limited to expire in 1932, 5 but it was neither<br />

extended nor repealed.<br />

1 From 1922 until 1937 the Irish Free State had the status <strong>of</strong> a dominion under the UK<br />

Crown. In 1937 Eire became an independent sovereign state and subsequently, in 1949,<br />

Ireland became a republic. As a consequence, UK legislation relating to what territorially is<br />

now Ireland (as opposed to Northern Ireland) has ceased to have any practical utility within<br />

the UK, and can be removed from the UK statute book.<br />

2 More detailed background on each <strong>of</strong> these topics is to be found in the <strong>Law</strong> <strong>Commission</strong>’s<br />

<strong>Statute</strong> <strong>Law</strong> <strong>Repeals</strong> Consultation Paper: City <strong>of</strong> Dublin (SLR 01/08) published in August<br />

2008 and available on the <strong>Law</strong> <strong>Commission</strong>’s website.<br />

3 See 9 Geo.4 c.lxvi (1828) (“The 1828 Act”), repealed in 1833 (see below). This Act was the<br />

first in a series <strong>of</strong> 12 statutes passed to govern the affairs <strong>of</strong> the packet company (<strong>of</strong> which<br />

11 remain live on the statute book).<br />

4 3 & 4 Will.4 c.cxv (1833) (“The 1833 Act”). The Act was not assigned a short title: the title<br />

used informally here derives from the Chronological Table <strong>of</strong> Local Acts 1797-2008.<br />

5<br />

The 1833 Act, s 63. Section 1 <strong>of</strong> the Act repealed the 1828 Act, subject to savings for<br />

matters already transacted.<br />

138

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