Mountjoy Square, Dublin, Act, 1938

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Number 2 (Private) 1938.

MOUNTJOY SQUARE, DUBLIN, ACT, 1938.

ARRANGEMENT OF SECTIONS

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:—

Short title.

1.—This Act may be cited as the Mountjoy Square, Dublin, Act, 1938.

Interpretation.

2.—In this Act unless the subject or context otherwise requires—

the expression “the Act of 1802” means the Act passed in the 42nd year of the reign of King George III, chapter xxxiv, intituled “an Act for inclosing and improving Mountjoy Square in the Parish of Saint George, in the County of Dublin;”

the expression “the corporation” means the Right Honourable the Lord Mayor Aldermen and Burgesses of Dublin;

the expression “Mountjoy Square” means that space of ground bounded by and including the railings of the inclosed square in the parish of Saint George and county borough of Dublin, as delineated and shown coloured red on the plan deposited at the Private Bill office of the Oireachtas;

the expression “the commissioners” means the persons constituted and appointed commissioners by and under the Act of 1802, and their successors respectively holding office up to the date of the passing of this Act;

the expressions “municipal fund” and “municipal rate” mean the municipal fund and municipal rate of the county borough of Dublin as defined by the Local Government (Dublin) Act, 1930 (No. 27 of 1930).

Vesting of property.

3.—(1) On the passing of this Act Mountjoy Square, and all property whether real or personal (including choses-in-action) which immediately prior to the date of the passing of this Act is vested in or belongs to or is held in trust for the commissioners, and all rights, powers and privileges relating to or connected with any such property shall, without any conveyance or assignment, but subject, where necessary, to transfer in the books of any bank, corporation, or company, become or be vested in or the property of or held in trust for (as the case may require) the corporation for all the estate, term or interest for which the same, immediately before the passing of this Act, was vested in or belonged to or was held in trust for such commissioners, but subject to all trusts and equities affecting the same and then subsisting, and capable of being performed.

(2) All property transferred by this section, which immediately before the passing of this Act, is standing in the books of any bank, or is registered in the books of any bank, corporation or company, in the name of the commissioners shall, upon the request of the corporation, made at any time after the passing of this Act, be transferred in such books by such bank, corporation or company, into the name of the corporation.

(3) On and after the passing of this Act every chose-in-action transferred by this section from the commissioners to the corporation may be sued upon, recovered or enforced by the corporation in their own name, and it shall not be necessary for the corporation to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) The rates collectable by the commissioners under the powers of the Act of 1802 shall cease to be made, assessed or levied as from the first day of February, 1938:

Provided always that the corporation shall be entitled to collect, levy or otherwise recover in their own name any arrears of the said rates accrued prior to the said first day of February, 1938, and the powers of the commissioners to collect, levy, or otherwise recover the said arrears are hereby vested in the corporation, and the proceeds of any such arrears so collected, levied, or recovered shall form part of the municipal fund.

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

4.—On the passing of this Act the commissioners shall cease to act as such and all the houses, grounds, lots and tenements surrounding Mountjoy Square shall be absolutely freed and discharged from the payment of any annual or other sums by the direction of the commissioners under the Act of 1802, and from all liability in respect to any moneys borrowed, or debts incurred under the authority of the Act of 1802, and the Act of 1802 shall thereupon be repealed:

Provided always that, except as by this Act otherwise specially provided, such repeal shall not affect anything done or suffered under the Act of 1802.

Discharge of debts.

5.—The corporation shall within twelve months of the vesting in them of Mountjoy Square pay all debts lawfully due and owing, and pay and discharge all money borrowed by the commissioners under the Act of 1802 and undischarged.

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

6.—(1) The corporation shall appropriate, set apart and maintain Mountjoy Square when acquired by and vested in them under this Act as a public park or pleasure ground for the recreation and enjoyment of the inhabitants of the county borough of Dublin, and of the public generally in such manner as they may from time to time think fit:

Provided always that the corporation shall maintain such public park so as to preserve the same in good order and so as not to alter the character or interfere with the present state of Mountjoy Square save in so far as may be necessary for its reasonable use as a public park or pleasure ground.

(2) The corporation shall have power to provide and maintain such structures and works as in the opinion of the corporation are necessary for, or incidental to the dedication or use of Mountjoy Square as a public park or pleasure ground.

Incorporation of Acts.

7.—All the provisions of the Public Health Acts, 1878 to 1931 relating to public parks and pleasure grounds shall on the passing of this Act extend and apply to Mountjoy Square.

Corporation may make bye-laws.

8.—(1) The corporation may from time to time make bye-laws for the regulation of Mountjoy Square.

(2) The aforesaid bye-laws may include provisions for the removal from Mountjoy Square by an officer of the corporation or a member of the Gárda Síochána of any person infringing such bye-laws.

(3) Sections 219 to 223 and section 249 of the Public Health (Ireland) Act, 1878 , shall apply to the bye-laws made under this Act.

Preservation of continuing contracts.

9.—Every bond, guarantee, or security of a continuing character entered into or made by to or with the commissioners and in force immediately before the passing of this Act, and every contract or agreement (other than a contract of service) made between the commissioners and another person, and not fully executed and completed before the passing of this Act, shall, notwithstanding anything contained in this Act, continue in force, but shall be construed and have effect as if the name of the corporation were substituted for the name of the commissioners, and such security, contract or agreement shall be enforceable by or against the corporation accordingly.

Powers of Act to be cumulative.

10.—The powers conferred by this Act shall be in addition to and not in substitution for any powers already possessed by the corporation.

Provision for houses occupied by working class.

11.—(1) The Act shall not authorise, in the exercise of the powers conferred by this Act, the purchase or acquisition in the area of any urban or county health district, borough, or county borough, of any house or houses occupied either wholly or partially by thirty or more persons belonging to the working class as tenants or lodgers unless and until the corporation shall have—

(a) obtained the approval of the Minister for Local Government and Public Health to a scheme for providing new dwellings for the persons residing in such houses, or for such number or proportion of such persons as the Minister for Local Government and Public Health shall, after enquiry, deem necessary, having regard to the number of persons residing in the houses liable to be taken, and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of the houses liable to be taken, or to the place of employment of such persons, and all the other circumstances of the case;

(b) given security to the satisfaction of the Minister for Local Government and Public Health for the carrying out of the scheme.

(2) The corporation in the event of their not complying with the provisions of this section, or of any scheme made thereunder and approved by the Minister for Local Government and Public Health, shall be liable to a penalty of not exceeding twenty pounds for every house acquired, or appropriated under this Act without complying with the provisions of this section. Such penalties shall be recoverable at the instance of the Attorney-General on behalf of the Minister for Local Government and Public Health in any competent court.

(3) The corporation shall for the purpose of complying with this section, or any scheme made hereunder and approved by the Minister for Local Government and Public Health, have in any urban or county health district the same powers as they have within the county borough of Dublin under the Housing of the Working Classes Acts, 1890 to 1931, and Housing (Financial and Miscellaneous Provisions) Act, 1932 , for the provision of dwellinghouses for the persons entitled to be provided with houses under those Acts.

(4) The expenses of complying with this section shall be defrayed out of the municipal fund and municipal rate.

(5) The expenses of the Minister for Local Government and Public Health incurred under this section shall be paid to him out of the municipal fund and municipal rate.

(6) In this section the expression “house” means any house, or part of a house, occupied as a separate dwelling; the expression “working class” means mechanics, artisans, labourers and others working for wages, hawkers, coster-mongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons other than domestic workers whose income does not exceed an average of sixty shillings a week, and the families of such persons who may be residing with them.

Gardeners and collector.

12.—(1) Denis Brady and James McClean, gardeners employed by the commissioners, shall, on the passing of this Act, be taken into the service of the corporation on the same terms and conditions of employment as existing employees of the corporation in corresponding employment; and each of the said gardeners shall be entitled to reckon his period of service with the commissioners and his period of service with the corporation as one continuous period of service with the corporation.

(2) The collector of the Mountjoy Square rate, Mrs. Frank Kennedy, shall, on the passing of this Act, receive a payment of one hundred pounds from the corporation in respect of loss of office.

Expenses of Act.

13.—The costs, charges and expenses preliminary to, and of and incidental to, the preparing, applying for, obtaining and passing of this Act (together with the costs, charges and expenses of the commissioners preliminary to, and of and incidental to, their petition against the bill for this Act), and of carrying this Act into execution, including the expenses of the maintenance of Mountjoy Square as a public park or pleasure ground, and of the provision and maintenance of the structures and works referred to in section 6 of this Act, shall be defrayed out of the municipal fund and municipal rate.