Limerick Markets Act, 1992

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Number 1 (Private) of 1992

LIMERICK MARKETS ACT, 1992

PREAMBLE

ARRANGEMENT OF SECTIONS

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:

Short title.

1.—This Act may be cited as the Limerick Markets Act, 1992.

Definitions.

2.—In this Act the following expressions shall have the following meanings assigned to them, that is to say—

“the Act of 1852” means the Limerick Markets Act, 1852;

“the Act of 1862” means the Limerick Markets Act, 1862;

“the Act of 1872” means the Limerick Markets Act, 1872;

“the Act of 1921” means the Limerick Markets Act, 1921;

“the Trustees” means the Limerick Market Trustees.

Amendment of section XXX of Act of 1852.

3.—Section XXX of the Act of 1852 is hereby amended by deleting the words—

“as are in Schedule (C.) to this Act annexed respectively mentioned or referred to”,

and substituting therefor—

“as the Trustees shall from time to time decide”.

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

4.—Section XXXV of the Act of 1852 is hereby repealed and the following section shall be substituted therefor:

“XXXV. If lands or premises which, at any time shall (in the opinion of the Trustees), not be necessary for the purposes of these Acts; then it shall be lawful for the Trustees to sell, lease, surrender or otherwise dispose of, the same or any part thereof to any person at such times and in such manner as they shall think fit.”.

Abolition of existing tolls.

5.—Tolls which by the Acts of 1852, 1862, 1872 and 1921 respectively are authorised to be taken by the Trustees shall from and after the passing of this Act cease and be absolutely extinguished.

Provision for new tolls, stallage charges and rents.

6.—It shall be lawful for the Trustees to demand and take, in lieu of the tolls authorised to be taken by the Acts of 1852, 1862, 1872 and 1921 such tolls, stallage charges and rents as the Trustees may from time to time determine and the provisions of sections 36 , 37 , 39 and 41 of the Markets and Fairs Clauses Act, 1847 shall not apply to the Limerick Markets.

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

7.—Section XXIV of the Act of 1852 and section 3 of the Act of 1862 are hereby repealed.

Power to borrow.

8.—It shall be lawful for the Trustees to borrow, at any rate of interest on mortgage of the lands, works, rents and tolls hereby authorised to be purchased, hired, appropriated or taken or on any property which may be vested in the said Trustees, by virtue of this section any sum or sums of money which the Trustees may approve.

Amendment of section LVI of Act of 1852.

9.—Section LVI of the Act of 1852 is hereby amended by deleting “, not exceeding Two Pounds each, for every Day they shall be fully employed in auditing any Accounts under this Act,”.

Expenses.

10.—All the costs, charges and expenses preliminary to, and of and incidental to, preparing, applying for, obtaining and passing of this Act shall be paid by the Trustees.