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S.I. No. 79/1928 - General Prisons Board (Transfer of Functions) Order, 1928.

No. 79/1928:

GENERAL PRISONS BOARD (TRANSFER OF FUNCTIONS) ORDER, 1928.

GENERAL PRISONS BOARD (TRANSFER OF FUNCTIONS) ORDER, 1928.

WHEREAS it is enacted by subsection (1) of section 9 of the Ministers and Secretaries Act, 1924 (No. 16 of 1924) 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 or Ministers who is or are head or heads of the appropriate Department or Departments 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 or respective Ministers who is or are the head or heads of such appropriate Department or Departments 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 are at the time of making any such order under that subsection 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 shall 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 or respective Ministers for all the estate, term, and interest, or respective estates, terms, and interests 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 affect the said lands, hereditaments, tenements and premises, property and assets respectively at the time of making such order and are 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 said section 9 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 General Prisons Board for Ireland is a board discharging public duties in relation to public administration in Saorstát Eireann and the Minister for Justice is the Minister who is head of the Department of State concerned with the public services of the said General Prisons Board:

AND WHEREAS it is expedient that the said General Prisons Board for Ireland should be dissolved and that their jurisdictions, powers, duties and functions should be transferred to and conferred and imposed on the Minister for Justice and that all necessary provisions consequential thereon be made:

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 General Prisons Board (Transfer of Functions) Order, 1928.

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 General Prisons Board for Ireland (in this Order called the General Prisons Board) is hereby dissolved.

4. All the jurisdictions, powers, duties and functions of the General Prisons Board are hereby transferred to and conferred and imposed on the Minister for Justice.

5. The lands, hereditaments, tenements and premises mentioned in the Schedule to this Order and all lands, hereditaments, tenements and premises and all other property and assets (including choses-in-action) which are at the date of this Order vested whether by statute, deed, contract, or otherwise in or held in trust for the General Prisons Board shall as on and from the date of this Order become and be vested in the Minister for Justice subject however to such (if any) trusts and equities as affect the said lands, hereditaments, tenements and premises, property and assets respectively at the date of this Order and are at the said date legally subsisting and capable of being performed.

6. Every mention or reference contained in any British Statute of or to the General Prisons Board shall, so far as the same is not inconsistent with the provisions of this Order, be construed and have effect as a mention of or reference to the Minister for Justice.

7. Every mention or reference contained in Section 11 of the General Prisons (Ireland) Act, 1877, of or to a member of the General Prisons Board or of or to an inspector appointed under that Act shall be construed and have effect as a mention of or reference to an officer of the Minister for Justice appointed by the said Minister for the purpose of exercising the functions heretofore exercised under the said section 11 by members of the General Prisons Board and inspectors appointed under the said Act respectively.

8. The references contained in Section 15 of the General Prisons (Ireland) Act, 1877, to the Lord Lieutenant shall be construed and have effect as references to the Executive Council.

9. Every reference contained in any British statute to rules made or to be made by the General Prisons Board with the approval of the Lord Lieutenant and Privy Council shall be construed and have effect as references to rules made or to be made by the Minister for Justice with the approval of the Executive Council.

Dublin.

This 18th day of December, 1928.

SCHEDULE.

(1). Castlebar Prison.

The plot of ground comprising about four acres Irish Plantation measure situated near the town of Castlebar, containing the buildings known as Castlebar Prison transferred from the former Local Prison Authority of County Mayo to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now the subject of a Closing Order dated 6th November, 1919.

(2). Clonmel Borstal Institution.

The plot of ground comprising abort 4½ acres situated in the town of Clonmel containing the buildings used as a Borstal institution, and partly transferred from the former Local Prison Authority of County Tipperary (South Riding) to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and partly (to the extent of 3 roods and 34 perches) held by the General Prisons Board under lease for ever, dated 7th June, 1881, subject to an annual rental of £139 2s. 0d.; also the plot of ground adjoining Emmet Street, Clonmel, situated opposite the entrance gate of the Clonmel Borstal Institution and measuring about 133 feet by 84 feet containing 6 cottages and held for ever by the General Prisons Board under conveyance dated 30th December, 1891.

(3). Cork (Western Road) Prison.

The plot of ground comprising about 2 acres, 1 rood and 14 perches, situated on Western Road, Cork, containing the buildings known as Cork Prison, and transferred from the former Local Prison Authority of County Cork to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877.

(4). Cork (Sunday's Well) Prison.

The plot of ground comprising about 7 acres and 9 perches, situated near Sunday's Well in the City of Cork, containing the buildings formerly used as the Prison for females, Cork, the subject of a Closing Order dated 3rd February, 1926, now occupied by the Department of Posts and Telegraphs, and used as a Wireless Broadcasting Station; held under lease at an annual rental of £50, and transferred from the former Local Prison Authority of the City of Cork to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877; also the plot of ground adjoining the Prison and measuring on the west side fronting to Strawberry Lane, 420 feet or thereabouts, on the south side 83 feet or thereabouts, on the east side along the Prison boundary 360 feet, and on the north side 195 feet or thereabouts, held by the General Prisons Board under lease dated 13th January, 1894.

(5). Dundalk Prison.

The plot of ground comprising about 3 acres, 2 roods and 30 perches, situated near the town of Dundalk containing the buildings known as Dundalk Prison, and transferred from the former Local Prison Authority of County Louth to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877.

6. Ennis (Late) Inebriate Reformatory.

The plot of ground comprising about 4 acres, 1 rood and 2 perches adjoining the premises formerly used as a State Inebriate Reformatory at Ennis, held by the General Prisons Board under conveyance dated 12th January, 1911, and leased under the provisions of the State Lands Act, 1924 , to the Ennis Urban District Council at an annual rental of £1.

(7). Galway Prison.

The plot of ground comprising about 7 acres and 30 perches, situated near the town of Galway containing the buildings known as Galway Prison and 4 cottages, and transferred from the former Local Prison Authority of County Galway to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877.

(8). Grangegorman Prison.

The plot of ground comprising about 5 acres, 3 roods and 3 perches, situated at Grangegorman Lane in the City of Dublin, containing the buildings formerly known as Grangegorman Prison, transferred from the former Local Prison Authority of the City of Dublin to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used under licence from the Board in connection with and as part of Grangegorman Mental Hospital.

(9). Kilkenny Prison.

The plot of ground comprising about 3 acres Irish measure, situated near the town of Kilkenny, containing the buildings known as Kilkenny Prison (now disused) and transferred from the former Local Prison Authority of County Kilkenny to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877; also the plot of ground outside Kilkenny Prison and adjoining Gaol Street, Kilkenny, with a frontage of 375 feet or thereabouts, containing 7 cottages and held by the General Prisons Board in fee simple under conveyance dated 16th July, 1892.

(10). Kilmainham Prison.

The plot of ground comprising about 1 acre and 1 rood situated at Inchicore Road in the City of Dublin, containing the buildings known as Kilmainham Prison and the dwelling house known as Bute House held under lease for ever at an annual rental of 18s. 6d. and transferred from the former Local Prison Authority of County Dublin to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877; also the plot of ground on Inchicore Road to the western side of the Prison comprising 1 rood and 18 perches or thereabouts containing 3 cottages and held by the General Prisons Board under conveyance dated 28th June, 1881, subject to the yearly rental of £6 6s. 0d.

(11). Limerick Prison.

The plot of ground comprising about 3 acres, 2 roods and 11 perches, situated near the town of Limerick and containing the buildings known as Limerick Prison, transferred from the former Local Prison Authority of County Limerick to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877.

(12). Mountjoy Prison.

The plot of ground comprising about 16 acres, 3 roods and 25 perches, situated at North Circular Road in the City of Dublin, containing the buildings known as Mountjoy Prison and 60 cottages, in part transferred to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and in part held by the General Prisons Board under conveyances dated 2nd February, 1882, 30th December, 1893, and 31st July, 1894, and fee farm grant dated 9th May, 1891.

(13). Portlaoighise Prison.

The plot of ground comprising about 6 acres Irish measure, situated near the town of Portlaoighise containing part of the buildings now known as Portlaoighise Convict Prison and transferred to the General Prisons Board from the former Local Prison Authority of Queen's County under the provisions of the General Prisons (Ireland) Act, 1877; also the farm of land and buildings thereon containing about 35 acres, 1 rood and 39 perches, held by the General Prisons Board in fee simple, as regards about 1 acre and 5 perches under conveyance dated 8th March, 1899, and as regards about 34 acres, 1 rood and 34 perches under conveyance dated 24th March, 1896.

(14). Richmond Prison.

The plot of ground comprising about 5 acres and 14½ perches, situated at South Circular Road in the City of Dublin, containing the buildings formerly known as Richmond Prison the subject of a Closing Order dated 6th March, 1888, and now used by the Department of Defence as a Military Barracks, transferred to the General Prisons Board from the former Local Prison Authority of the City of Dublin under the provisions of the General Prisons (Ireland) Act, 1877, subject to an annual rental of £117 4s. 4d.; also the plot of ground about 157 feet by 59 feet, adjoining the Prison on the south east and held by the General Prisons Board under lease for 999 years dated 20th May, 1884, at an annual rental of £20.

(15). Roscommon Prison.

The plot of ground situated in the town of Roscommon containing portion of the buildings known as Roscommon Prison, transferred from the former Local Prison Authority of County Roscommon to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, now the subject of a Closing Order dated 20th July, 1886, and used for the purposes of a Gárda Síochána Barrack.

(16). Sligo Prison.

The plot of ground comprising about 8 acres situated near the town of Sligo and containing the buildings known as Sligo Prison, held under lease for ever dated 5th February, 1816, at an annual rental of £51 13s. 10d., and transferred from the former Local Prison Authority of County Sligo to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877.

(17). Trim Prison.

The plot of ground comprising about 3 acres, 2 roods and 28 perches, situated near the town of Trim, containing the buildings known as Trim Prison, transferred from the former Local Prison Authority of County Meath to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, now the subject of a Closing Order dated 20th July, 1866, and used in part for the purposes of a Gárda Síochána. Barrack.

(18). Waterford Prison.

The plot of ground comprising about 3 acres situated in the City of Waterford, containing the buildings known as Waterford Prison and transferred from the former Local Prison Authority of County Waterford to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877.

(19). Philipstown (late) Convict Prison.

The plot of ground comprising about 6 acres or thereabouts situated in the town of Philipstown held under lease for ever at an annual rental of £6, containing the premises formerly known as Philipstown Convict Prison transferred to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now held under lease from the General Prisons Board dated 6th November, 1912, for a period of 21 years from 29th September, 1912, by the Trustees of the Philipstown Reformatory School, at an annual rental of £40.

(20). Fermoy Bridewell.

The plot of ground comprising about 33½ perches situated near the town of Fermoy containing the buildings formerly used as Fermoy Bridewell, transferred from the former Local Prison Authority of County Cork to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(21). Midleton Bridewell.

The plot of ground comprising about 20 perches situated near the town of Midleton, containing the buildings formerly used as Midleton Bridewell, transferred from the former Local Prison Authority of County Cork to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(22). Kenmare Bridewell.

The plot of ground comprising about 1 rood, 6 perches situated near the town of Kenmare containing the buildings formerly used as Kenmare Bridewell, transferred from the former Local Prison Authority of County Kerry to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(23). Callan Bridewell.

The plot of ground situated near the town of Callan containing the buildings formerly used as Callan Bridewell, transferred from the former Local Prison Authority of County Kilkenny to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(24). Urlingford Bridewell.

The plot of ground situated near the town of Urlingford containing the buildings formerly used as Urlingford Bridewell, transferred from the former Local Prison Authority of County Kilkenny to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(25). Kells Bridewell.

The plot of ground comprising about 30½ perches situated near the town of Kells containing the buildings formerly used as Kells Bridewell, transferred from the former Local Prison Authority of County Meath to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(26). Navan Bridewell.

The plot of ground comprising about 37 perches situated near the town of Navan containing the buildings formerly used as Navan Bridewell, transferred from the former Local Prison Authority of County Meath to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(27). Castleblayney Bridewell.

The plot of ground situated near the town of Castleblayney containing the buildings formerly used as Castleblayney Bridewell, transferred from the former Local Prison Authority of County Monaghan to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(28). Carrick-on-Suir Bridewell.

The plot of ground comprising about 20 perches situated near the town of Carrick-on-Suir containing the buildings formerly used as Carrick-on-Suir Bridewell, transferred from the former Local Prison Authority of County Tipperary to the General Prisons Board under the provisions of the General Prisons (Ireland) Act, 1877, and now used for the purposes of a Gárda Síochána Barrack.

(29). A Head Rent of £42 per annum arising out of the closed Prison premises at Tralee payable to the General Prisons Board by the County Council of County Kerry.