County of Roscommon Act, 1840

COUNTY OF ROSCOMMON ACT 1840

C A P. LXXVI.

An Act to empower the Lord Lieutenant of Ireland to annex certain Townlands to the County of Roscommon. [7th August 1840.]

6 & 7W. 4.c. 84.

Lord Lieutenant in Council authorized, on Report of Boundary Surveyors, to order certain Townlands, comprising a detached Portion of the County of Mayo, to be annexed to the County of Roscommon, within which they are locally situated;

and to make such supplemental Order in respect thereof as said Lord Lieutenant and Council are authorized to make in respect of any detached Portion of a County annexed to any other County under 6 & 7W. 4. c.84.

Whereas by an Act passed in the Sixth and Seventh Years of the Reign of His Majesty King William the Fourth, intituled An Act to consolidate and amend the several Acts for the uniform Valuation of Lands and Tenements in Ireland; and to incorporate certain detached Portions of Counties and Baronies with those Counties and Baronies respectively whereto the same may adjoin or wherein the same are locally situate, it is amongst other things enacted, that whenever the Surveyors or Persons appointed by the Lord Lieutenant of Ireland to ascertain and mark out the reputed Boundaries of any County in Ireland shall find that there is any detached or isolated Portion of any one County locally situated within any other County, the said Surveyors or Persons shall make a Report thereof to the said Lord Lieutenant in Council; and the said Lord Lieutenant in Council shall be thereupon authorized and required to make Order directing such detached or isolated Portion of a County to be annexed to and incorporated with the County wherein the same may be locally situate: And whereas the Townlands of Aughalusta, Lission, Cappagh, Roosky Banada, and Keel Banada, comprise a detached Portion of the County of Mayo in Ireland, being separated from that County by the River Lung, and are situated within the County of Roscommon, although not completely isolated therein; and it is expedient, for the Purpose of the General Survey of Ireland now carrying on under the Direction of the Master General and Board of Ordnance, and for the Purpose of the Valuation consequent upon such Survey, that such detached Portion of the County of Mayo should be comprised and included in the County of Roscommon, so that the said Counties of Mayo and Roscommon may respectively consist of One continuous Tract of Land:’ Be it therefore 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 whenever the Surveyors or Persons appointed by the said Lord Lieutenant to ascertain and mark out the reputed Boundaries of each or any County, Barony, Half Barony, Parish, or other Division or Denomination of Land in Ireland, with a view to the more effectual Execution of the General Survey now in progress throughout Ireland under the Direction of Officers appointed by the Master General and Board of Ordnance, pursuant to the Provisions of an Act passed in the Sixth Year of the Reign of His Majesty King George the Fourth, intituled An Act to repeal an Act of the last Session of Parliament relative to the forming Tables of Manors, Parishes, and Townlands in Ireland, and to make Provision for ascertaining the Boundaries of the same, shall find that the said Townlands comprise a detached Portion of the County of Mayo, and that they are separated from the said County by the River Lung, and are locally situated within the County of Roscommon, although not completely isolated therein, the said Surveyors or Persons shall make a Report to the said Lord Lieutenant in Council, stating the Situation of such detached Portion of the County of Mayo and of the adjoining County of Roscommon, and describing the same in a Plan or Map to be annexed to such Report; and thereupon such Lord Lieutenant in Council shall make Order directing such detached Portion of the County of Mayo to be annexed to and incorporated with the County of Roscommon, and shall and may by such Order limit and determine the Purposes to which such Union and Annexation shall extend, and fix and declare from what Period the same shall take effect, and settle and adjust all such other Matters and Things in respect thereof as the said Lord Lieutenant and Council are required and authorized to settle and adjust in Cases where they shall direct any detached Portion of a County to be annexed to and incorporated with any other County, under the Provisions of the said recited Act of the Sixth and Seventh Years of the Reign of His Majesty King William the Fourth; and that it shall be lawful for the said Lord Lieutenant in Council, from Time to Time as Occasion may require, to make such and the like supplemental Order or Orders, for removing such Doubts or settling such Disputes as may arise in consequence of the Changes effected by virtue of the Provisions in this Act contained, as the said Lord Lieutenant and Council are authorized to make in consequence of any Changes effected in Cases where any detached Portion of a County is directed to be annexed to and incorporated with any other County under the Provisions of the said recited Act of the Sixth and Seventh Years of the Reign of His Majesty King William the Fourth; and such Order or supplemental Order shall be made and dealt with in the like Manner, and be of the like Validity and Effect, as any Order or supplemental Order made under the Provisions of the said last-mentioned Act: Provided always, that if any Person, being Owner or Proprietor of any Portion of any of the said Townlands respectively, shall refuse his Concurrence to such Annexation or Incorporation, and shall declare such Refusal, in Writing, to the said Lord Lieutenant, within. Three Months after the passing of this Act, the Townland whereof, or of any Portion whereof, he is Owner or Proprietor, shall be excluded from the Operation of this Act.

Provisions of G & 7 W. 4. c. 84. in respect of detached Portions of a County annexed to any other County extended to this Act.

II. And be it enacted, That all the Clauses, Powers, Provisions, Regulations, Penalties, and Forfeitures in the said last-mentioned Act contained, in relation to the ascertaining and making out the Boundaries of any detached or isolated Portion of any County, or in relation to any detached or isolated Portion of a County annexed to or incorporated with any other County under and by virtue of the Authority therein contained, shall extend and apply, as far as the same are applicable, to this Act, as fully and effectually as if such Clauses, Powers, Provisions, Regulations, Penalties, and Forfeitures were herein set forth and re-enacted, and that the said last-recited Act and this Act shall be construed together as One Act to all Intents and Purposes whatsoever.

Act may be amended, &c.

III. And be it enacted, That this Act may be amended or repealed by any Act to be passed in the present Session of Parliament.