Limerick Markets Act, 1992

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Number 1 (Private) of 1992


LIMERICK MARKETS ACT, 1992


PREAMBLE

ARRANGEMENT OF SECTIONS

Section

1.

Short title.

2.

Definitions.

3.

Amendment of section XXX of Act of 1852.

4.

Repeal of section XXXV of Act of 1852 and substitution therefor.

5.

Abolition of existing tolls.

6.

Provision for new tolls, stallage charges and rents.

7.

Repeal of section XXIV of Act of 1852 and section 3 of Act of 1862.

8.

Power to borrow.

9.

Amendment of section LVI of Act of 1852.

10.

Expenses.


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Number 1 (Private) of 1992


LIMERICK MARKETS ACT, 1992


AN ACT TO AMEND AND EXTEND THE PROVISIONS OF THE LIMERICK MARKETS ACT, 1852, THE LIMERICK MARKETS ACT, 1862, THE LIMERICK MARKETS ACT, 1872, AND THE LIMERICK MARKETS ACT, 1921; AND TO ENLARGE THE TYPES OF MARKETABLE COMMODITIES WHICH MAY BE SOLD IN THE LIMERICK MARKETS AND TO GIVE THE TRUSTEES OF THE LIMERICK MARKETS POWER TO DECIDE THE TYPES OF MARKETABLE COMMODITIES TO BE SOLD; AND TO GIVE THE SAID TRUSTEES POWER TO SELL, LEASE, SURRENDER OR OTHERWISE DISPOSE OF LANDS OR PREMISES WHICH AT ANY TIME SHALL, IN THE OPINION OF THE TRUSTEES, NOT BE NECESSARY FOR THE PURPOSES OF THE SAID LIMERICK MARKETS ACTS; TO EXTINGUISH THE TOLLS AUTHORISED BY THE SAID LIMERICK MARKETS ACTS; TO ENABLE THE TRUSTEES TO DEMAND AND TAKE SUCH TOLLS, STALLAGE CHARGES AND RENT, AS THE TRUSTEES MAY FROM TIME TO TIME DETERMINE; TO WAIVE THE APPLICATION OF THE PROVISIONS OF SECTIONS 36, 37, 39 AND 41 OF THE MARKETS AND FAIRS CLAUSES ACT, 1847 TO THE LIMERICK MARKETS; TO REPEAL SECTION XXIV OF THE LIMERICK MARKETS ACT, 1852 AND SECTION 3 OF THE LIMERICK MARKETS ACT, 1862 AND TO GIVE THE TRUSTEES POWER TO BORROW AT ANY RATE OF INTEREST ON MORTGAGE SUCH SUM OR SUMS OF MONEY WHICH THE TRUSTEES MAY APPROVE; TO PROVIDE FOR THE REASONABLE REMUNERATION OF THE AUDITOR OF THE LIMERICK MARKETS AND MATTERS CONNECTED WITH THE MATTERS AFORESAID. [18th March, 1992]

Preamble.

WHEREAS by the Limerick Markets Act, 1852, the Limerick Market Trustees (hereinafter called “the Trustees”) were incorporated for the purpose of providing, managing, regulating, superintending and governing markets and market places in the Borough of Limerick:

AND WHEREAS by the Limerick Markets Act, 1862, the last mentioned Act was altered and amended:

AND WHEREAS by the Limerick Markets Act, 1872, the above two mentioned Acts were altered and amended:

AND WHEREAS by an Order made in the Chancery Division of the High Court of Justice in Ireland on the fourteenth day of June, One Thousand Eight Hundred and Ninety-Eight, a Receiver was appointed over the lands, works, rents and tolls of the Limerick Markets and such works, rents and tolls were thereafter until the 15th day of February, 1988 in the hands of or receivable by a Receiver accordingly:

AND WHEREAS by the Limerick Markets Act, 1921, the aforesaid Acts were further altered and amended:

AND WHEREAS by an Order made in the High Court in Dublin on the 15th day of February, 1988, Thomas Usborne (Plaintiff) and Limerick Market Trustees, John Hardiman and The Economic Life Assurance Society (Defendants) and other parties referred to therein the Receiver was discharged, the Bond entered into by the Receiver was vacated and the Order further provided that the costs of the parties were to be paid:

AND WHEREAS the revenue of the market undertaking of the Trustees is derived solely from the rents, tolls and charges authorised by the Act of 1921 and in the circumstances aforesaid it is expedient that the Trustees should be authorised as hereinafter provided:

AND WHEREAS it is expedient that the other provisions authorised in this Act should be enacted:

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

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS: