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Local Government Provisional Order Confirmation Act, 1957

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Number 1 (Private) of 1957.


LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1957.


ARRANGEMENT OF SECTIONS

Section

1.

Confirmation.

2.

Short title.

SCHEDULE.

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Number 1 (Private) of 1957.


LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1957.


AN ACT TO CONFIRM THE WICKLOW COUNTY (EXTENSION OF BOUNDARY) PROVISIONAL ORDER, 1957. [1st July, 1957.]

WHEREAS the Wicklow County (Extension of Boundary) Provisional Order, 1957, set out in the Schedule to this Act has been duly made by the Minister for Local Government under the Local Government (Application of Enactments) Order, 1898, but will not have effect until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Confirmation.

1.The Wicklow County (Extension of Boundary) Provisional Order, 1957, set out in the Schedule to this Act is hereby confirmed.

Short title.

2.This Act may be cited as the Local Government Provisional Order Confirmation Act, 1957.

SCHEDULE.

Wicklow County (Extension of Boundary) Provisional Order, 1957.

Section 1 .

The Minister for Local Government in exercise of the powers vested in him by articles 25 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, hereby orders as follows:—

1. This Order may be cited as the Wicklow County (Extension of Boundary) Provisional Order, 1957.

2. This Order shall come into force upon the 1st day of April, 1957, or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.

3. (1) In this Order—

the Minister” means the Minister for Local Government;

the added area” means the area described in the Schedule hereunto annexed;

the existing boundary” means the boundary of the County of Wicklow as existing immediately before the commencement of this Order;

the commencement of this Order” means the day on which this Order comes into force.

(2) In the Schedule to this Order—

(a) a reference to a field identified by a number shall be construed as a reference to the field the area of which is shown as that number of acres on the 1939 revision of the Ordnance Survey 25.344 inches to the mile sheet 26.XV and XVI or sheet 28.III of County Dublin;

(b) a reference to a line drawn along the boundary of a field shall, save where the context otherwise requires, be construed as a reference to a line drawn along the outer face of the fence, hedge, ditch or wall bounding such field.

4. (1) On the commencement of this Order the area described in the Schedule hereto shall be detached from the County of Dublin and from the jurisdiction and powers of the Council of the County of Dublin and shall be added to the County of Wicklow and thence-forward the said area shall be included in and form part of the said county for all purposes and the boundary of the said county shall be extended accordingly.

(2) Any building through which or through any part of which the boundary of the County of Wicklow as extended by this Order shall pass shall be deemed to be within such boundary.

5. (1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in triplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in manner approved by the Minister the added area and the County of Wicklow, and shall sign each of such maps and shall deposit one of such maps in the principal office of the said Commissioner, the offices of the Wicklow County Council and the offices of the Dublin County Council respectively.

(2) The said maps when so deposited in the said offices shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business.

(3) It shall be the duty of the said Commissioner whenever required so to do by any Court of Justice, to supply to such Court a true copy of the map or any specified part of the map deposited with him under this article and every such copy or extract signed by the Commissioner of Valuation, or by such person as he shall from time to time depute for that purpose, shall be deemed and taken without proof to be a true copy and shall be conclusive evidence of the boundary (so far as the same is shown on such copy) of the added area, notwithstanding any discrepancy between such copy and the description contained in the Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.

6. Every resolution passed, order made, and notice served by the Dublin County Council before the commencement of this Order in relation to the added area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement shall, on and after the said commencement and so far as it is not inconsistent with this Order, continue in force and have effect in so far as it relates to the added area or any part thereof or anything done or to be done therein as if it were a resolution passed, order made, or notice served by the Wicklow County Council on the date on which the same was actually passed, made or served by the Dublin County Council, and as if the added area were on the said date already included in the County of Wicklow.

7. The following provision shall have effect in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the County of Dublin or the County of Wicklow:—

(a) until the jurors book in force in the County of Dublin or the jurors book in force in the County of Wicklow (including the added area) on the commencement of this Order becomes exhausted, the law in force immediately before the commencement of this Order shall continue in force and be observed as if this Order had not become operative, and

(b) when one of the said jurors books becomes exhausted after the commencement of this Order, the other said jurors book shall be deemed to have become exhausted and new jurors books shall forthwith come into force in each said County.

8. (1) So long as the person who at the commencement of this Order holds the office of coroner for County Dublin continues to hold that office, his area of jurisdiction shall continue as if this Order had not come into force but, upon his ceasing by death or otherwise to hold that office, so much of that area as is included in the County of Wicklow by this Order shall be detached from the area of jurisdiction of the said coroner and be added to and thence-forward included in the area of jurisdiction of the coroner for County Wicklow.

(2) So long as the person who at the commencement of this Order holds the office of sheriff for County Dublin continues to hold that office, his area of jurisdiction shall continue as if this Order had not come into force but, upon his ceasing by death or otherwise to hold that office, so much of that area as is included in the County of Wicklow by this Order shall be detached from the area of jurisdiction of the said sheriff and be added to and thenceforward included in the area of jurisdiction of the sheriff for County Wicklow.

9. A member of the Dublin County Council who ceases to be a local government elector in the said county in consequence of the inclusion of the added area in the County of Wicklow shall not, by reason only of such cesser be disqualified from continuing to hold office as a member of the Dublin County Council until the ordinary day of retirement of the said member after the election of the members of the said Council held next after the commencement of this Order.

10. In the register of electors for Dublin County which came into force on the 15th day of April next before the commencement of this Order, the added area shall be shown separately in such manner as shall be directed by the Minister.

11. For the purposes of the Valuation Acts, the revised valuation list received by the Council of the County of Dublin from the Commissioner of Valuation last before the commencement of this Order shall, in so far as it relates to the added area, be deemed to have been sent to the Council of the County of Wicklow.

SCHEDULE.

Description of the part of the County of Dublin added to the County of Wicklow.

That part of the County of Dublin situated between the existing boundary and a line drawn as follows:—

Starting at the intersection of the existing boundary by the western face of the eastern wall of the road locally known as Blind Lane, thence in northerly, north-easterly and north-westerly directions, successively, along the western face of the said wall to its junction with the western boundary of the 11.025 field in Oldconnaught townland, thence in north-easterly, north-westerly, north-easterly and south-easterly directions, successively, along the western and northern boundaries of the said field to the intersection of the northern boundary by the imaginary south-westerly projection of the south-eastern boundary of the 9.434 field in the said townland, thence in a north-easterly direction along the said projection to the junction of the south-eastern and western boundaries of the last-mentioned field, thence in north-westerly and easterly directions, successively, along the western and northern boundaries of the said last-mentioned field to the junction of the northern boundary with the western boundary of the 6.593 field in the said townland, thence in north-westerly, north-easterly, southerly, easterly and southerly directions, successively, along the western, northern and eastern boundaries of the last-mentioned field to the intersection of its eastern boundary by the imaginary south-westerly projection of the outer face of the rear boundary wall of valuation lots 13, 14 and 17 to 48 (inclusive), Beech Road in Old-connaught townland, thence in a north-easterly direction along the said projection and continuing in north-easterly and northerly directions successively along the outer face of the said wall and its imaginary north-easterly projection to its intersection with the existing boundary.

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GIVEN under the Official Seal of the Minister for Local Government this thirteenth day of February, One Thousand Nine Hundred and Fifty-seven.

PATRICK O'DONNELL,

Minister for Local Government.