S.I. No. 50/1969 - Urban District of Monaghan (Alteration of Boundary) Order, 1969.

S.I. No. 50 of 1969.

URBAN DISTRICT OF MONAGHAN (ALTERATION OF BOUNDARY) ORDER, 1969.

The Minister for Local Government in exercise of the powers conferred on him by article 26 of the Local Government (Application of Enactments) Order 1898 (as applied by section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 ) and subsection (3) of section 42 of the Local Government (Ireland) Act, 1898 hereby orders as follows : —

1. This Order may be cited as the Urban District of Monaghan (Alteration of Boundary) Order, 1969.

2. The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

3. In this Order, " the boundary order " means the order made by the Council of the County of Monaghan on the 20th day of May, 1968 under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Monaghan.

4. The Boundary Order shall be and is hereby modified in the manner and to the extent necessary to bring it into conformity with the provisions set forth in the Schedule to this Order.

5. The Boundary Order as so modified as aforesaid is hereby confirmed.

SCHEDULE

COUNTY OF MONAGHAN

Order of the Council of the County of Monaghan Altering the Boundary of the Urban District of Monaghan.

WHEREAS the Council of the Urban District of Monaghan (hereinafter referred to as the " Urban Council ") have applied under section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , to the Council of the County of Monaghan (hereinafter referred to as " the County Council ") for an order altering the boundary of the Urban District of Monaghan (hereinafter referred to as the " Urban District ") so as to include therein the portion of the County of Monaghan specified in the Schedule hereunto annexed.

AND WHEREAS the Urban District is an urban district situated in the County of Monaghan (hereinafter referred to as " the County "):

AND WHEREAS the County Council being satisfied that a prima facie case existed for the alteration of the boundary of the Urban District caused an inquiry to be made in the locality of the County Council :

AND WHEREAS the County Council have complied with the provisions of the Urban Districts (Alteration of Boundaries) Regulations, 1937 :

NOW THEREFORE the County Council in exercise of the powers vested in it by section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 hereby order as follows : —

1. (1) This Order shall come into operation on the first day of April, 1969.

(2) The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

2. On the coming into operation of this Order, the area described in the Schedule hereunto annexed (hereinafter referred to as " the transferred area ") shall be detached from the County Health District of Monaghan and shall be added to the Urban District, and thence-forward the transferred area shall cease to form part of the County Health District of Monaghan and shall be included in and form part of the Urban District for all purposes and the boundary of the Urban District shall be altered accordingly.

3. Every person holding office on the coming into operation of this Order as urban district councillor for the local electoral area of Monaghan Urban shall be deemed to have been elected for the local electoral area of Monaghan Urban as extended by this Order.

4. (1) The provisions of any public General Act adopted by the Urban Council at the coming into operation of this Order and of any statutory instrument applying to the Urban District and then in force shall apply to the Urban District as extended by this Order and references in any such instrument to the area comprised in the Urban District at the coming into operation of this Order shall be contrued as references to the Urban District as extended by this Order.

(2) All bye-laws and regulations of the County Council and of the Urban Council that are in force in the Urban District at the coming into operation of this Order shall apply to the Urban District as extended by this Order.

5. (1) The County Council and the Urban Council may by agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of this Order.

(2) In default of agreement, any such adjustment of property, rights and liabilities shall be made by such person as shall be appointed for the purpose by the Minister for Local Government.

6. In the Schedule to this Order—

(a) a reference to the existing boundary shall be construed as a reference to the boundary of the Urban District as existing immediately before the coming into operation of this Order.

(b) a reference to a field by acreage shall be construed as a reference to a field the area of which is shown as that number of acres on the 1948 revision of the ½500 Ordnance Survey of Monaghan sheet 9.XI, XII and XIV.

GIVEN under the Seal of the Council of the County of Monaghan this 20th day of May, 1968.

JOHN FITZPATRICK, Chairman.

D. P. O'CONNOR, Secretary.

SCHEDULE

The transferred area shall be all that area comprised between the existing boundary and a line drawn as follows : —

Starting at the western junction of the existing boundary with the northern boundary of Mullaghadun townland; thence in a northerly direction along the existing boundary to its first junction with the western boundary of the 4.928 acres field in Kilnacloy townland shown on sheet 9.XI; thence in a north-easterly direction along the said field boundary to its junction with the existing boundary; thence commencing in an easterly direction and proceeding along the existing boundary to its first junction with the boundary of Coolshannagh townland; thence commencing in a north-westerly direction and proceeding along the said townland boundary to its junction with the existing boundary; thence commencing in a southerly direction and proceeding along the existing boundary to its junction with the southern boundary of the 1.580 acres field in Annahagh townland shown in sheet 9.XII; thence in an easterly direction along the said field boundary and continuing along the respective southern boundaries of the 1.546, 2.988 and .401 acres fields in the said townland and along the imaginary easterly projection of the southern boundary of the said .401 acre field to its intersection by the western boundary of the 2.225 acres field in the same townland; thence commencing in a south-westerly direction and proceeding along the said fieldboundary and along the western boundary of the 1.492 acres field in the same townland to its junction with the southern boundary of the townland; thence commencing in an easterly direction and proceeding along the last-mentioned boundary to its junction with the western boundary of the 1.944 acres field in Latlorcan townland; thence in a south-westerly direction along the said field boundary and continuing along the western boundary of the 1.073 acres field in the said townland to its junction with the northern boundary of the 1.216 acres field in the same townland thence in a westerly direction along the said field boundary and continuing along the northern boundary of the 2.072 acres field in the said townland to its junction with the western boundary of the said field; thence commencing in a southerly direction and proceeding along the western and southern boundaries of the same field and along the southern boundary of the .826 acre field in the same townland to its junction with the eastern boundary of the said field; thence in a straight undefined line in a south-easterly direction to the junction of the western and southern boundaries of the 1.948 acres field in the same townland; thence in a south-easterly direction along the southern boundary of the said field to its junction with the eastern boundary of the townland; thence commencing in a south-westerly direction and proceeding along the said eastern boundary and along the eastern boundaries of Killygowan and Drumbear townlands to the junction of the said eastern boundary of Drumbear townland with the southern boundary of the .878 acre field in that townland shown on sheet 9.XV; thence in a westerly direction along the said field boundary and continuing along the respective southern boundaries of the 1.720 and 1.194 acres fields in the said townland to the junction of the southern and western boundaries of the said 1.194 acres field; thence in a straight undefined line in a south-westerly direction to the junction of the eastern and northern boundaries of the 1.514 acres field, in the same townland; thence commencing in a westerly direction and proceeding along the northern and western boundaries of the said field to the junction of the western boundary with the northern boundary of the .337 acre field, in the said townland; thence in a westerly direction along the said field boundary and along the northern boundary of the .911 acre field, in the same townland to its junction with the eastern boundary of the 4.840 acres field, in the same townland; thence commencing in a southerly direction and proceeding along the said field boundary to its junction with the western boundary of the townland; thence commencing in a northerly direction and proceeding along the said townland boundary to its junction with the southern boundary of Tully townland; thence commencing in a westerly direction and proceeding along the said townland boundary to its intersection by the imaginary north-easterly projection of the southern boundary of the 1.289 acres field in Mullaghmatt townland; thence in a south-westerly direction along the said projection and field boundary to its junction with the eastern boundary of the .368 acre field in the said townland; thence commencing in a south-westerly direction and proceeding along the southern boundary of the said field and along the respective southern boundaries of the 10.984 and 12.852 acres fields in the same townland to the junction of the southern boundary of the said 12.852 acres field with the northern boundary of the .484 acre field in the same townland, thence commencing in a southerly direction and proceeding along the eastern and southern boundaries of the said field and along the imaginary westerly projection of the said southern boundary to its intersection by the western boundary of Killyconigan townland; thence commencing in a southerly direction and proceeding along the said townland boundary to its junction with the boundary of Cornecassa Demesne townland; thence in a westerly direction along the said townland boundary to its intersection by the imaginary southerly projection of the western boundary of the 2.295 acre field in the same townland; thence in a northerly direction along the said projection and proceeding along the western and nothern boundaries of the said field to the junction of the said northern boundary with the western boundary of the field in the same townland comprising a 8.603 acres parcel shown on sheet 9.XV and a 30.888 acres parcel shown on sheet 9.XI; thence commencing in a northerly direction and proceeding along the said field boundary to its junction with the southern boundary of the .744 acre field in the said townland on sheet 9.XI; thence commencing in a westerly direction and proceeding along the said field boundary and along the western boundary of the 2.318 acres field in the same townland and along its imaginary northerly projection to its intersection by the southern boundary of the 12.872 acres field in the said townland; thence in a south-easterly direction along the said field boundary to its junction with the western boundary of Mullaghadun townland; thence commencing in a northerly direction and proceeding along the boundary of Mullaghadun townland to the starting point.

GIVEN under the Official Seal of the Minister for Local Government this 31st day of March, 1969.

CAOIMHGHIN Ó BEOLÁIN,

Aire Rialtais Aitiúil.

EXPLANATORY NOTE.

The effect of this order is to extend the boundary of the urban district of Monaghan as from 1st April, 1969, by including therein part of the county health district of Monaghan.