The Dublin General Cemetery Company's Act, 1933

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Number 2 (Private) of 1933.


THE DUBLIN GENERAL CEMETERY COMPANY'S ACT, 1933.


ARRANGEMENT OF SECTIONS

Section

1.

Short title and citation.

2.

Incorporation of Acts.

3.

Correction of errors, omissions, etc., in plan or book of reference.

4.

Power to purchase additional land for cemetery.

5.

Restrictions on displacing persons of the working class.

6.

Period for compulsory purchase of lands.

7.

Power to stop up roads, lanes or paths.

8.

Power to demise land not required for purposes of burial.

9.

Power to widen or improve roads to cemetery.

10.

Power to enter into agreements for widening or improving roads.

11.

Reservation of site for new road.

12.

Preserving privacy of Mount Argos.

13.

Funerals not to enter cemetery from Mount Argos Road.

14.

Power to fix number of Directors by resolution of General Meeting.

15.

Directors contracting with Company not disqualified if nature of interest disclosed.

16.

Repeal of sections of Act of 1834.

17.

Amendment of section of Act of 1834.

18.

Extension of borrowing powers.

19.

Saving for Acts of 1834 and 1874.

20.

Costs of Act.

SCHEDULE


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Number 2 (Private) of 1933.


THE DUBLIN GENERAL CEMETERY COMPANY'S ACT, 1933.


AN ACT TO ENABLE THE GENERAL CEMETERY COMPANY OF DUBLIN TO ENLARGE THEIR CEMETERY, TO EXTEND THEIR POWERS OF RAISING MONEY AND FOR OTHER PURPOSES. [17th July, 1933.]

Preamble.

WHEREAS by an Act passed in the Session of Parliament held in the 4th and 5th years of King William the Fourth, Chapter 65, intituled “An Act for Establishing a General Cemetery in the Neighbourhood of the City of Dublin” (which Act is hereinafter referred to as “the Act of 1834”) certain persons were united into a Company under the name of “The General Cemetery Company of Dublin” (hereinafter called “the Company”) and were authorised to raise a sum of £12,000 by means of shares and to borrow on mortgage £9,000 and to purchase and hold lands not exceeding twenty-five acres for the purpose of the said undertaking to be vested in trustees to be nominated by the directors of the Company:

AND WHEREAS by an Act passed in the Session of Parliament held in the 37th and 38th years of Queen Victoria, Chapter 28, intituled “An Act to enable The General Cemetery Company of Dublin to enlarge their Cemetery to raise a further sum of money and for other purposes” (which Act is hereinafter referred to as “the Act of 1874”) the Company were authorised to hold a small piece of land containing about five acres and described in the First Schedule thereto in addition to the lands authorised to be purchased by the Act of 1834 and by the same Act sections 36 to 39 inclusive of the Act of 1834 relating to money to be borrowed by the Company upon mortgage were repealed and power was given to the Company to raise additional capital not exceeding £8,000 by means of shares or stock and to borrow on mortgage £5,000 and to purchase and hold additional lands not exceeding twenty-one acres one rood twenty perches:

AND WHEREAS the Company in pursuance of the said powers have constructed and enlarged near Harold's Cross, in the County Borough of Dublin, a cemetery which occupies a space of about forty-seven acres, and also hold the small piece of land containing about five acres described in the First Schedule to the Act of 1874:

AND WHEREAS by reason of the increase in the population of the County Borough of Dublin it has become necessary that additional space should be provided for the interment of the dead and it is expedient that the said cemetery should be further extended and enlarged and that the Company should be authorised to purchase for that purpose certain lands and property adjoining the said cemetery and described in the Schedule to this Act:

AND WHEREAS owing to the difficulty of finding twelve suitable directors as prescribed by section 70 of the Act of 1834 it is expedient that the Company should be permitted to reduce the number of directors but so that the minimum number shall not be less than six:

AND WHEREAS it is expedient that the provisions of sections 77 and 81 of the Act of 1834 in so far as they relate to any person being concerned or interested in any contract under the Company being chosen or continuing a director and to directors taking or being concerned or interested in any contract under the Company should be amended but not so as to permit any such director voting in respect of any such contract:

AND WHEREAS the payment by the Company of fees upon interment to incumbents of parishes is no longer necessary and it is expedient that the Company should be relieved from the payment of same and from other duties in connection therewith as prescribed by sections 90 to 96 inclusive of the Act of 1834:

AND WHEREAS the Company out of the authorised capital of £20,000 have raised the sum of £17,000 in shares and do not owe any money upon mortgage, and it is expedient that the powers of the Company to borrow money on mortgage up to but not exceeding the sum of £5,000 should be extended so as to enable the Company to borrow on mortgage a sum not exceeding in the whole £10,000:

AND WHEREAS a plan showing the lands required or which may be taken for the purposes or under the powers of this Act and a book of reference containing the names of the owners or lessees or reputed owners or lessees and of the occupiers of such lands were duly deposited with the Principal Clerk of the Private Bill Office and are hereinafter referred to as the deposited plan and the deposited book of reference respectively:

AND WHEREAS it is expedient that the other powers in this Act mentioned should be conferred on the Company:

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas:

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