Mountjoy Square, Dublin, Act, 1938

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Number 2 (Private) 1938.


MOUNTJOY SQUARE, DUBLIN, ACT, 1938.


ARRANGEMENT OF SECTIONS

Section

1.

Short title.

2.

Interpretation.

3.

Vesting of property.

4.

Commissioners to cease to act, and repeal of the Act of 1802.

5.

Discharge of debts.

6.

Corporation to maintain Mountjoy Square as a public park or pleasure ground.

7.

Incorporation of Acts.

8.

Corporation may make bye-laws.

9.

Preservation of continuing contracts.

10.

Powers of Act to be cumulative.

11.

Provision for houses occupied by working class.

12.

Gardeners and collector.

13.

Expenses of Act.


Act Referred to

Local Government (Dublin) Act, 1930

No. 27 of 1930

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Number 2 (Private) 1938.


MOUNTJOY SQUARE, DUBLIN, ACT, 1938.


AN ACT TO EMPOWER THE RIGHT HONOURABLE THE LORD MAYOR ALDERMEN AND BURGESSES OF DUBLIN TO ACQUIRE THE INCLOSED SPACE KNOWN AS MOUNTJOY SQUARE IN THE COUNTY BOROUGH OF DUBLIN, AND FOR OTHER PURPOSES. [13th April, 1938.]

WHEREAS by a British Statute passed in the 42nd year of the reign of King George III, ch. xxxiv, intituled an Act for inclosing and improving Mountjoy Square in the parish of Saint George in the county of Dublin the persons named therein were constituted and appointed commissioners for the carrying of the said Act into execution, and the said commissioners were empowered to contract for the making, inclosing, completing, improving and ornamenting the said square; and in order to create a fund for making and completing the said inclosure and improvements and for the support thereof all the houses, grounds, lots, and tenements surrounding the said square were made liable to the annual payment of such rate or rates as the said commissioners should from time to time in manner therein mentioned direct, not exceeding five shillings for each foot of frontage, and in order to raise a sufficient sum of money for the purposes of the said Act, the said commissioners were empowered to raise and borrow any sum or sums of money not exceeding in the whole the sum of £3,500 on the credit of the said rates and to charge and incumber the said rates with the said sum of £3,500 or any part thereof bearing interest at any rate not exceeding £6 by the hundred by the year;

AND WHEREAS since the passing of the said Act the said commissioners and their successors have continued to act in execution of the said Act;

AND WHEREAS any debt created under the said Act by the issue of debentures has been discharged;

AND WHEREAS it would be of great local and public advantage if the said square were acquired by and vested in the Right Honourable the Lord Mayor Aldermen and Burgesses of Dublin, and were by them opened for the recreation and enjoyment of the inhabitants of the county borough of Dublin, and for the general public as a public park or pleasure ground;

AND WHEREAS the objects aforesaid cannot be attained without the authority of the Oireachtas;

AND WHEREAS a plan of the said square, with the book of reference thereto, has been deposited at the Private Bill office of the Oireachtas;

AND WHEREAS an absolute majority of the whole number of the council of the county borough of Dublin, at a meeting held on the fourth day of October, 1937, after ten clear days notice by public advertisement of such meeting, and of the purposes thereof, in the Irish Independent, the Irish Times and the Irish Press, being local newspapers published and circulating in the county borough of Dublin such notice being in addition to the ordinary notices required for summoning such meeting, resolved to promote the bill for this Act, and that the expense of and in connection with such promotion should be defrayed out of the municipal fund and municipal rate of the county borough of Dublin;

AND WHEREAS such resolution was published twice in each of the said newspapers, and has received the approval of the Minister for Local Government and Public Health;

AND WHEREAS the propriety of the promotion of the bill for this Act was confirmed by an absolute majority of the whole number of the said council at a further special meeting, held in pursuance of a similar notice, on the third day of January, 1938, being not less than 14 days after the deposit of the bill in the Oireachtas;

AND WHEREAS the propriety of the promotion of the bill for this Act was approved by a special resolution of the persons qualified to vote at an election of members of the said council passed at a meeting summoned and held in conformity with the provisions of section 7 of the Borough Funds (Ireland) Act, 1888;

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—