Aberdeen Market Act 1839

Publication Date:January 01, 1839
 
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Aberdeen Market Act 1839

(2 & 3 Vict.) c. lxiv

An Act for erecting, establishing, and maintaining a new Market in the City of Aberdeen, and for providing suitable Approaches thereto.

[1st July 1839]

ANNO SECUNDO & TERTIO VICTORLE REGINtE. *************************************************** Cap.Ixiv. An Act for erecting, establishing, and maintaining a new Market in the City of Aberdeen, and for providing suitable Approaches thereto. [1st July 1839.] HEREAS the Population of the City of Aberdeen, and of the Suburbs thereof, has been greatly increasing for several Years past, and the Establishment of an additional Market in the said City, for the Sale of all Kinds of Articles of Provision, Commodities, Goods, Wares, and Merchandize, and the Erection of a convenient Market House or Market Houses, with suitable Shops and other Buildings, and proper Avenues and Approaches, and with Power to raise and levy reasonable Tolls, Stallages, and Duties on such Market, and under proper Rules and Regulations for the due Government and Management thereof, will be advantageous to the Inhabitants of the said City of Aberdeen, and the Suburbs thereof: And whereas the Purchase of the Lands, Houses, and Buildings for the Establishment of the said proposed Market, and the Erection of the Market House or Market Houses, Shops, Stalls, and other Buildings for the Accommodation of Persons resorting to the said Market, and for forming the said Avenues and Approaches, will be attended with very considerable Expence: And whereas the Persons herein-after named are willing and desirous to carry such beneficial Purposes into execution, but the same cannot be effected without the Authority of [LocaL] 18 M Parliament: 1610 Proprietors incorporated. Rules for Interpretation of this Act. 2 & 3 VICTORLE, Cap.lxlv. Parliament: May it therefore please Your Majesty that it maybe enacted ; and b,e it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority, of the same, That Jam'es Hadden of Persley, Convener Topp, Robert Catto Merchant,' Clerhents Lumsden Advocate, Henry Thterson Banker, David Blaikie of Kinmundy Alexander Hadden Manufacturer, Leslie Cruickshank Merchant, Thomas Best Merchant, Alexander Taylor Merchant, Alexander Smith of Glen-millan9 James Hadden junior, Manufacturer, Peter Williamson Druggist, Robert Shand Advocate, John Maitland Merchant, David Souter Druggist, Robert JohnstonM.erchant, Alexander Olivers Banker, Alexander Jopp Advocate, Alexander Simpson Merchant, William Clyne Leather Merchant, Newell Burnett Advocate, George Lyall Merchant, Arthur Thomson Banker, Gavin Hadden junior, Manufacturer, William Fraser9 James Murray Advocate, James Kilgour of Bethelnie, George Collie Merchant, David Chalmers of Westbum9 Thomas M'Combie of Richmond Hill, David Gill Watchmaker, John Whyte Merchant, William Adam Advocate, and Alexander Anderson Advocate, and all such other Persons or Corporations as shall from Time to Time become Subscribers to the said Undertaking, and be duly admitted Proprietors as herein-after: mentioned, and their respective Successors, Executors, Administrators, and Assigns, shall be and are hereby united into a Company forthe Purposes of this Act, and shall be and are hereby declared to be One Body Politic or Corporate by the Name of "The Aberdeen Market Company," and by that Name shall have perpetual Succession, and shall have a Common Seal, and by that Name shall and may sue and be sued, and shall also have full Power and Authority to purchase, hold, and sell, feu, lease, or otherwise dispose of Lands for the Use of the said Undertaking, without incurring any Penalties or Forfeitures, and shall have and exercise all other Powers and Authorities which are herein-after given or mentioned, II. And be it further enacted, That where in this Act any Woni shall be used importing the Singular Number only, such Word shall extend and be applied to several Persons or Things as well as one Person or Thing; and where any Word importing the Plural Number shall be used, the same shall extend and be applied to one Person or Thing as well as several Persons or Things ; and where any Word shall.be http://shall.be used importing the Masculine Gender only, such Word shall be understood to include Females a well as Males; and where the Word ' Lands" shall be used, the same shall be understood to include Houses, Tenements, Buildings, and all Heritages whatsoever; and where the Word " Corporation" shall be used, th,e same shall be understood to mean any Body Politic, Corporate, or Collegiate, Civil or Ecclesiastical, Aggregate or Sole ; and where the Word " Magistrate" or " Magistrates" shall be used, the same shall be understood to mean the Provost and Bailies of Aberdeen, all for the Time being, or any One or more of them; and where the Word " Sheriff*" shall be used, the.same shall be understood to include Sheriff Substitute ; and where the Word ' Month" shall be used, the same shall be understood to mean Calendar Month.; and where the Word "Company" shall be used, the. same shall be understood to mean the Aberdeen Market 2 & 3 VICTORIA, C^.lxiv. Market Company; and where the Words "chartered Banks" shall be used, the same shall be understood to mean the Royal Bank of Scotland, the Bank of Scotland, the British Linen Company, the Commercial Bank of Scotland, and the National Bank of Scotland; and where the Words " Commissioners of Police" or " Board of Police" shall be used, the same shall be understood to mean the Commis-sioners or Board of Police acting under or by virtue of an Act made and'passed in the Tenth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for better paving, cleansing, light- iOG.4.c.4i. ing, watching, and improving, the Streets, Lanes, and other public Places and Passages within the City of Aberdeen, and certain Grounds adjacent; for regulating the Police thereof; and for supplying the Inhabitants with Water, or any Act orActs that shall, hereafter be passed for any, similar Purposes; and where the Words " Police Act" shall be used the same shall be understood to refer to the said Act, or the said future Act or Acts ; unless in any of the Cases aforesaid it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction. III. And be it further enacted, That it shall be lawful for the said Company Company, or the Directors thereof for the Time being, appointed or ^ayP"r- to be appointed by or by virtue of this Act, and they are hereby &Cb ' authorized and empowered, to treat and agree, and to employ any Person or Persons to treat and agree, for the Purchase of the several Lands mentioned in the First Schedule to this Act annexed, and for the^ Purchase or Discharge of any subsisting Life-rent Rights, or other Rights, Servitudes, and Leases affecting the same, and;Estates and Interests.therein, and Burdens or Incumbrances constituted thereon, or such of them, or such Part thereof, as the said Company or the Directors for the Time being shall think proper, or (except in the Case of entailed Proprietors) for the Acquirement of such Lands in Feu Farm, on the Payment of a perpetual Feu Duty or Ground Rent in respect of the same: Provided always, that if any Part of the Premises called the Malt Mill, now belonging to, the Magistrates and Council of the said City of Aberdeen, or any Part of the Land, Watercourse, or Waterfall attached and belonging thereto, or commonly used or known as Part, Parcel, or Member thereof, shall be required and taken by the said Company for the Purposes of this Act, the said Company shall be bound to purchase the whole of the said Premises, including the said Mill, Ground, Houses, Watercourse, Waterfall, or others, belonging thereto or connected therewith, from the said Magistrates and Council, and to pay the Value thereof, as soon as the same shall be agreed upon or ascertained, to the Treasurer of the said City of Aberdeen ; and also provided, that where a Part only of any House or Building shall be required for the Purposes of this Act the said Company shall nevertheless be obliged to acquire the Whole of such House or Building. IV. Provide^ always, and be it further enacted, That in case the Limitation said Company shall not purchase such Lands within the Space 0f ofFwerto Five Years from the passing of this Act, then and in such Case it Purchase' shall not be lawful for the said Company to purchase any of the 1612 2 & 3 VICTORIA, CapAxiv. said Lands so remaining unpurchased, without Consent in Writing of the Owners thereof first had and obtained. Company may enter Lands to survey and value the same. Power to purchase additional Premises, Sec- Provision for Deficiencies in Land Tax. Persons under legal Disability and others empowered to sell and convey Lands. V. And be it further enacted, That it shall be lawful for- the said Company, and for their Surveyors, Officers, and Workmen, from Time to Time, at all reasonable Times in the Day, upon giving in Writing for the first Time Twenty-four Hours, and afterwards from Time to Time Twelve Hours, previous Notice to the Proprietors, or to their known Agents, if non-resident, and also to the Occupiers for the Time being, to enter into and upon the said Lands authorized to be taken and used as aforesaid, or any of them, for the Purpose of surveying or valuing the said Premises, without being deemed Tres passers, and without being subject or liable to any Fine, Penalty, or Punishment on account of entering or continuing upon any Part of the said Lands, for the Damages that shall be thereby occasioned* VI. And be it further enacted, That it shall be lawful for the said Company, or the Directors thereof for the Time being, at any Time or Times hereafter, to purchase, by Agreement with the Owners for the Time being, any Lands not...

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