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TURBARY (IRELAND) ACT 1891

TURBARY (IRELAND) ACT 1891 - LONG TITLE

An Act to provide for and regulate the user by purchasing tenants
of Rights of Turbary.
[5th August 1891]
S.1 rep. by SLR 1950

TURBARY (IRELAND) ACT 1891 - SECT 2
Grant of privilege of turbary.

2. Where the Land Commission purchase a bog on an estate, and any
tenants or purchasers of holdings on the estate have been
accustomed, whether as of right or by permission, to exercise any
privilege of turbary, the Commission shall grant them that privilege,
subject to the provisions herein-after contained as to payment,
conditions, and regulations, and, so far as such grants shall not
extend, may grant privileges of turbary to the tenants or purchasers
of holdings on the estate and to other inhabitants of the
neighbourhood, or any of them, and, so far as such grant shall not
extend, in every case shall require such payments as the Land
Commission consider will, after deducting current expenses, pay off
with interest the purchase money and costs of purchase, and may
make such conditions and regulations as they think expedient as to
the exercise of the privileges granted.

TURBARY (IRELAND) ACT 1891 - SECT 3
Sale of exhausted bog.

3. When the bog or any part thereof is exhausted for purposes of
turbary the Land Commission may sell the same.

TURBARY (IRELAND) ACT 1891 - SECT 4
Regulations for exercise of rights of turbary.

4.(1) Where a holding for the purchase of which an agreement has
been entered into by a tenant comprises a bog which is subject to
a right of turbary exerciseable by persons other than the purchaser
of the holding, the Land Commission on the prescribed application
may make regulations for the purpose of securing that the exercise
of the right shall not prevent the future reclamation of the bog,
and that such persons shall have reasonable facilities for the
exercise of the said rights.

(2) Any regulations under this section may provide for the
punishment of any breach of them by a fine not exceeding five
pounds to be recovered in a court of summary jurisdiction.

TURBARY (IRELAND) ACT 1891 - SECT 5
Application of Act.

5. This Act shall apply where holdings have been purchased whether
before or after the commencement of this Act, under any of the
Land Purchase Acts, or under the Irish Church Act, 1869: Provided
that, where a holding subject to a right of turbary has been
purchased before the commencement of this Act, the regulations under
this section shall be made only on the application of the
proprietor of the holding.

TURBARY (IRELAND) ACT 1891 - SECT 6
Definitions.

6. In this Act

(1)"Land Purchase Acts" means the Landlord and Tenant (Ireland) Act,
1870 (Parts II and III); the Land Law (Ireland) Act, 1881 (Part
V); the Purchase of Land (Ireland) Act, 1885; the Purchase of Land
(Ireland) Amendment Act, 1888, and any Act amending the same.

(2)"Estate" means any lands belonging to one landlord which the Land
Commission may declare form a separate estate for the purposes of
this Act.

(3)Other expressions have the same meanings respectively as in the
Land Purchase Acts.

TURBARY (IRELAND) ACT 1891 - SECT 7
Short title.

7. This Act may be cited as the Turbary (Ireland) Act, 1891.