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PUBLIC PARKS (IRELAND) ACT 1869, AMENDMENT ACT 1872 - SECT 3

Power to sell superfluous land.

3. Where [a district council] acting under the authority of the
Public Parks (Ireland) Act, 1869, have acquired any estate or interest in any
land for the purpose of establishing a public park or public parks, they may
at any time within five years after the completion of such park or parks sell
and dispose of their estate and interest in any portion of such land which was
not required for such public park or public parks. The same shall be sold by
public auction for the best price that can be obtained for the same.

Notice of every such intended sale of lands shall be given by [the council] by
advertisement in each of three consecutive weeks in some newspaper circulated
within such [district].

Where any such lands are subject to any fee-farm or other rent [the council]
selling and disposing of their estate and interest in any portion of such
lands under the authority of this Act may sell and dispose of such portions
freed and discharged from, and indemnified against, all liability on account
of such fee-farm or other rent, or any part of same, but subject to the
payment to such [council] of such annual sum as they may think fit, being not
less than the amount which would be payable in respect of such portion in case
the rent payable in respect of all the lands subject to such fee-farm or other
rent were apportioned between such portion and the residue of such lands:
Provided always, that nothing herein contained shall in any manner be
construed or taken to free the said portion of land so sold from liability to
the owner of the said fee-farm or other rent in respect of the same or any
part thereof.

The consideration for every such sale, and all annual sums payable in respect
of any lands sold as aforesaid, shall be paid to such [council], and shall be
applied by them, in the first instance, in payment of all moneys (if any)
borrowed [for the purposes of the said Act] which shall then remain unpaid,
and then to all or any of the purposes to which the rate or fund out of which
the expenses incurred in acquiring the lands sold have been defrayed is
applicable.

Provided always, that [the council] shall not, under the authority of
this Act, sell any greater portion of the lands purchased by them for the
purpose of establishing a public park than one fourth part of such lands.



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