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S.I. No. 22/1925 - The Commissioners of Education in Ireland (Transfer of Functions) Order, 1925

No. 22/1925:

THE COMMISSIONERS OF EDUCATION IN IRELAND (TRANSFER OF FUNCTIONS) ORDER, 1925

THE COMMISSIONERS OF EDUCATION IN IRELAND (TRANSFER OF FUNCTIONS) ORDER, 1925

The following Order, namely:

COMMISSIONERS OF EDUCATION IN IRELAND (TRANSFER OF FUNCTIONS) ORDER, 1925 (No. 22 of 1925),

has this day been made by the Executive Council.

DIARMUID O hEIGCEARTAIGH,
Rúnaí don Ard-Chomhairle.

(Secretary to the Executive Council.)

DUBLIN.

This 31st day of March, 1925.

COMMISSIONERS OF EDUCATION IN IRELAND (TRANSFER OF FUNCTIONS) ORDER, 1925 (No. 22 of 1925).

WHEREAS by subsection (1) of section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), it is enacted that it shall be lawful for the Executive Council by an Order of the Executive Council to dissolve any board of commissioners or statutory body to which that section applies, and by the same order to transfer to or confer or impose on the Minister who is head of the appropriate Department of State concerned with the public services of any board of commissioners or statutory body dissolved under that section all or any of the jurisdictions, powers, duties, and functions of such dissolved board of commissioners or statutory body, and by the same or any subsequent order to vest in the Minister who is the head of such appropriate Department of State as aforesaid all or any part of the lands, hereditaments, tenements, and premises situate in Saorstát Eireann and all other property and assets (including choses-in-action) which were on the 6th day of December, 1921, or shall at the time of making any such Order under that subsection be vested, whether by statute, deed, contract, or otherwise, in or held in trust for any board of commissioners or statutory body dissolved by an order under that subsection so that the same should under and by virtue of such order without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company, or corporation become and be vested in such Minister for all the estate, term, and interest for which the same were immediately before the making of such order vested in or held by such dissolved board of commissioners or statutory body, but subject to such (if any) trusts and equities as shall affect the said lands, hereditaments, tenements, and premises, property and assets respectively at the time of making such order and shall be then legally subsisting and capable of being performed, and by the same or any subsequent order to make such adaptations and modifications as the Executive Council may consider necessary of or in any British statute relating to any board of commissioners or other statutory body dissolved under that section:

AND WHEREAS it is enacted by subsection (4) of the same section that the boards of commissioners and statutory bodies to which that section applies are all statutory boards of commissioners and other statutory boards and bodies exercising any function of Government or discharging any public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS the Commissioners of Education in Ireland are a statutory body discharging public duties in relation to public administration in Saorstát Eireann:

AND WHEREAS it is expedient that the Commissioners of Education in Ireland be dissolved and that all their jurisdictions, powers, duties, and functions be transferred to and conferred and imposed on the Minister for Education:

AND WHEREAS the lands, hereditaments, tenements, and premises, property and assets mentioned in the Schedule to this Order are at the date of the making of this Order vested in the Commissioners of Education in Ireland and it is expedient that such lands, hereditaments, tenements, and premises, property and assets be vested in the Minister for Education:

NOW the Executive Council of Saorstát Eireann, in exercise of the powers conferred on them by the said section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may for all purposes be cited as the Commissioners of Education in Ireland (Transfer of Functions) Order, 1925 (No. 22 of 1925).

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The Commissioners of Education in Ireland shall be and are hereby dissolved.

4. All the jurisdictions, powers, duties, and functions of the Commissioners of Education in Ireland are hereby transferred to and conferred and imposed on the Minister for Education.

5. The several lands, hereditaments, tenements and premises, sums of stock, and sums of money mentioned in the Schedule to this Order and all other lands, hereditaments, tenements, and premises situate in Saorstát Eireann, and property and assets (including choses-in-action) which at the date of this Order are vested, whether by statute, deed, contract, or otherwise in or held in trust for the Commissioners of Education in Ireland are hereby vested in the Minister for Education and shall, without the necessity for any other conveyance or assignment whatsoever but subject where necessary to transfer in the books of any bank, company, or corporation, become and be vested in the said Minister for all the respective estates, terms, and interests for which the same were immediately before the making of this Order vested in or held by the Commissioners of Education in Ireland but subject to such (if any) trusts and equities as affect the said lands, hereditaments, tenements, premises, sums of stock, sums of money, property and assets respectively at the date of this Order and are legally subsisting and capable of being performed.

6. Every mention or reference contained in any British statute of or to the Commissioners of Education in Ireland shall in respect of the doing or not doing of any act, matter, or thing after the date of this Order be construed and take effect as a mention of or reference to the Minister for Education.

DUBLIN.

This 31st day of March, 1925.

SCHEDULE.

1. Cavan Royal School Premises.—The piece of ground containing 16a. 2r. 13p., statute measure, or thereabouts, with the buildings and out-offices of the Cavan Royal School now standing thereon, situate in the Barony of Loughtee Upper and in the Town and County of Cavan, held by the Commissioners in fee simple.

2. Raphoe Royal School Premises.—The piece of ground containing 2a. 2r. 5p., statute measure, or thereabouts, with the buildings and out-offices of the Raphoe Royal School now standing thereon situate at Raphoe in the Barony of Raphoe and County of Donegal held by the Commissioners in fee simple and leased to the Donegal Protestant Board of Education for a term of 99 years from the 25th day of November, 1897, at the yearly rent of £63, under lease dated 14th April, 1898.

The piece of ground containing 9a. 0r. 20p., or thereabouts, situate at Raphoe in the Barony of Raphoe and County of Donegal lately occupied by the Headmaster of Raphoe Royal School for the purposes of the School, and held by the Commissioners for a term of 999 years, subject to the yearly rent of £22 11s. 2d.

3. Carysfort Endowment.—Two hundred acres of arable land and pasture and fourscore and seventeen acres esteemed infertile bog, mountain wood and underwood, in the town and fields of Shehanagh, alias Shianagh, and hamlet thereof, known by the name of Ballintubber, near adjoining to the town and lands of Cappagh, in the Barony of Ballinacor South, and all which are lying and being in or near the territory of Ranelagh, in the County of Wicklow.

All that piece of land, containing three acres or thereabouts, with the Schoolhouse, Master's residence, out-offices, and other buildings thereon heretofore known as Carysfort Royal School, formerly occupied by the Master of the said School, situate at Sheeanamore, otherwise Carysfort in the Barony of Ballinacor South and in the County of Wicklow.

4. Roxborough Road School Premises, Limerick (the old Limerick Diocesan School).—All that plot of land containing 1 acre 2 roods 19 perches, statute measure, or thereabouts, situate at Roxborough Road in or near the City of Limerick, with the school-house and buildings thereon, formerly known as the Diocesan School, and now as the Roxborough Road School, held by the Reps. late Rev. James Fitzgerald Gregg, under an accepted proposal, dated December 18th 1879, as tenant from year to year to the Commissioners of Education in Ireland, at the yearly rent of £20, payable on every 1st day of January and 1st day of July: subject to the said tenancy, the said premises are held by the said Commissioners for a term of 999 years from June 26, 1827, free of rent.

5. Eyrecourt School Premises.—A plot of land containing 1 acre, Irish Plantation Measure, or thereabouts, situate in the town of Eyrecourt, Barony of Longford, and County of Galway, with the Schoolhouse, Teacher's Residence, and offices built thereon, known as the Eyrecourt Endowed School, and held by the Commissioners under Lease for lives renewable for ever, at the yearly rent of £4 12s. 4d.

6. Leamy (Limerick) School Premises.—The plot of land with the Schoolhouse and other buildings thereon situate at Hartstonge Street, in the City of Limerick, known by the name of Leamy's Free School.

7. Preston School, Navan.—All that and those the dwelling house, back yard, car passage, barn, stable, coach-house, walled garden, the cellar under the malt house, formerly in the possession of Henry Donnelly, deceased, and other the office-house thereunto belonging situate, lying and being in the street leading to Trim Gate, in the town of Navan, barony of Lower Navan, and County of Meath; the length of the dwelling house, as by survey, including the car-passage, containing fifty-nine feet, the breadth from the back door of said house to the channel in the street forty-one feet; the yard ninety-seven feet and one quarter long and sixty-three feet and one-half broad; the garden in length seven perches and in breadth four perches; mearing and bounding on the east by the car-passage which adjoins the late Deane's estate, the holding of the late Henry Donnelly, innkeeper, to the west, and on the north to the town wall of Navan, and on the south to the street of Navan leading to Trim Gate, held by the Commissioners of Education in Ireland, for ever, upon trust for the purposes of the Preston School, Navan, under indenture of Fee-Farm Grant dated August 29th, 1874, subject to the yearly Fee-Farm Rent of £46 4s. 5d.

8. A Mortgage of £485 16s. 3d. on certain lands in the County of Cavan held by Trustees for the purposes of the Cavan Royal School security, 8a. 21p., statute measure; part of the lands of Lurganboy; part of the town parks of the town of Cavan situate in the Parish of Urney, Barony of Upper Loughtee, and County of Cavan, held in perpetuity at the perpetual yearly rent of £17 2s. 8d., but indemnified therefrom.

9. Fishing Rights of Lough Eske, County Donegal. Leased by the Commissioners to Sir Arthur R. Wallace for a term of 40 years from the first day of January, 1906, at a yearly rent of £6. The fishing rights are described as follows—Such rights of fishing as the lessors are now entitled to exercise and enjoy upon in and over that part of the waters of Lough Eske comprising according to ordnance survey 424a. and 32p., or thereabouts, statute measure, situated in the barony of Tirhugh and County of Donegal.

10. Viscount Limerick Endowment.—A sum of £923 1s. 8d., standing to a separate credit in the books of the Irish Land Commission, and representing the redemption price of the rent charge of £46 3s. 1d., present currency, created by Indenture dated August 5th, 1725, between James, Lord Viscount Limerick, and the Corporation of Dundalk, and recently payable by the Earl of Roden as successor in estate of the said James, Lord Viscount Limerick.

11. Investments

£35,018 17s. 10d. 5% National Loan (Free State).

£513 19s. 6d. 5% National Loan (Free State) held by the Accountant-General of the High Court.

£3,294 16s. 4d. Bank of Ireland Stock.

£100 0s. 0d. Great Southern Railway 7% Debenture Stock.

£12,438 0s. 0d. Great Southern Railway 4% Debenture Stock.

£7,573 0s. 0d. Great Southern Railway 4% Guaranteed Stock.

£250 0s. 0d. Great Southern Railway 4% Preference Stock.

£1,447 0s. 0d. Great Northern Railway Company (Ireland) 4% Debenture Stock.

£600 0s. 0d. Great Northern Railway Company (Ireland) 4% Consolidated Guaranteed Stock.

12. £82 10s. 0d. lodged in the Queen's County County Court to the credit of the Commissioners together with accrued interest thereon.

13. Cash in the Ulster Bank, Ltd., College Green, to the credit of the current account of the Commissioners.

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