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URL: http://www.bailii.org/ie/legis/num_act/1969/0009.html

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Nelson Pillar Act, 1969

1969 9

No. 9/1969:

NELSON PILLAR ACT, 1969


ARRANGEMENT OF SECTIONS

1 Definitions.

2 Compensation.

3 Vesting of site of Pillar and termination of trusts.

4 Indemnity and validation.

5 Short title and commencement.


AN ACT TO MAKE PROVISIONS CONSEQUENT UPON THE DAMAGE CAUSED TO THE NELSON PILLAR ON THE 8TH DAY OF MARCH, 1966, AND THE SUBSEQUENT REMOVAL OF THAT PILLAR.

[29th April, 1969.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In its Act—

"the Corporation" means the Right Honourable the Lord Mayor.

Aldermen and Burgesses of Dublin;

"the Minister" means the Minister for Local Government;

"the Pillar" means the Nelson Pillar;

"the relevant period" means the period from the 8th day of March, 1966, to the day of payment of the sum specified in section 2 (1) ( a ) of this Act;

"the trustees" means the trustees for the Pillar and "the trusts" means the trusts of the trustees.

Compensation.

2.—(1) The Corporation shall pay to the trustees the following sums by way of compensation:

( a ) the sum of £21,750 for the damage caused to the Pillar on the 8th day of March, 1966, and the subsequent removal of the Pillar,

( b ) the sum specified in the next subsection for the loss of income sustained by the trustees during the relevant period on account of the said damage and removal, and

( c ) the sum equal to the amount of all costs as between solicitor and client occasioned to the trustees by the destruction of the Pillar and by the proceedings, compromises and events consequent thereon.

(2) The sum referred to in paragraph (b) of the foregoing subsection is such sum as bears to £1,500 the same proportion as the number of days in the relevant period bears to 365.

(3) The trustees shall apply the sums paid to them under this section to such purposes, being purposes to which income from the admission charges to the Pillar was applied, as they consider suitable.

Vesting of site of Pillar and termination of trusts.

3.—(1) On the commencement of this Act—

( a ) the site of the Pillar shall, without any further conveyance, transfer or assignment, become and be vested in the Corporation for all the estate and interest for which, immediately before such commencement, it was vested in the trustees,

( b ) the trusts shall stand terminated.

(2) The Corporation may, with the consent of the Minister, appropriate the site of the Pillar for any purpose within their functions.

(3) Section 12 of the Finance Act, 1895, shall not apply in relation to the vesting under this section.

Indemnity and validation.

4.—No action, proceeding, claim or demand of any kind or description shall lie against the trustees or any of them by any person in respect of their actions in—

( a ) agreeing to accept the monetary provision contained in section 2 of this Act in full and final settlement of all claims in relation to the Pillar and its site, and

( b ) not restoring a monument to Nelson,

and that those actions shall have the like effect and validity as if they had been expressly authorised by the terms of the trusts.

Short title and commencement.

5.—(1) This Act may be cited as the Nelson Pillar Act, 1969 .

(2) This Act shall come into operation on such day as the Minister appoints by order.




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URL: http://www.bailii.org/ie/legis/num_act/1969/0009.html