Boundary Survey (Ireland) Act, 1857

BOUNDARY SURVEY (IRELAND) ACT 1857

CAP. XLV.

An Act to make further Provision for defining the Boundaries of certain Denominations of Land in Ireland for public Purposes. [17th August 1857.]

6 G. 4. c. 99.

17 & 18 Vict. c. 17.

Whereas an Act was passed in the Sixth Year of the Reign of King George the Fourth, Chapter Ninety-nine, to make Provision for defining the Boundaries of certain Denominations of Land in Ireland; and another Act was passed in the Seventeenth Year of the Reign of Her present Majesty, Chapter Seventeen, to provide for the Revision of such Boundaries: And whereas it is expedient to make further Provision for defining such Boundaries for the Purpose of the Revision of the Ordnance Survey, and for other public Purposes; 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, as follows:

Boundary Surveyor may alter Boundary of Lands erroneously marked out, &c.

I. When the Boundary Surveyor for the Time being shall find that the Boundaries of any Land have been erroneously marked out, laid down, or described on the Ordnance Map of any County, he may make such Alteration therein as the Circumstances of the Case shall require; provided that the Application be made to him for such Alteration by the Owner or Owners or reputed Owners of such Land on each Side of the Boundary in question, accompanied by a Plan showing in detail the original Boundaries so erroneously marked out, and those which it is proposed and agreed upon by the said Owners to substitute for them.

Boundary Surveyor may define and mark out Boundaries of Land reclaimed from the Sea, &c.;

II. Such Boundary Surveyor may define and mark out the Boundaries of any Land that has been reclaimed from the Sea, or a tidal River or Lake, and make of such Land a new Townland or Townlands, and such new Townland or Townlands shall be included in and form an integral Portion of the County, Barony, and Parish within which such Townland or Townlands are locally situate, or on which they abut or with which they have the greatest Length of common Boundary, as to such Boundary Surveyor shall seem fit: Provided always, that nothing herein contained shall in any Manner affect the Title of the Queen’s Majesty, Her Heirs and Successors, or Assigns, or of other the Owner or Owners thereof, to any Land which has been or may hereafter be so reclaimed as aforesaid.

also of Baronies divided under 6 & 7 W. 4. c. 116.;

III. Such Boundary Surveyor may define and mark out the Boundaries of any Barony or Half Barony which shall have been divided by the Grand Jury of any County under the Provisions of an Act passed in the Sixth and Seventh Years of the Reign of King William the Fourth, Chapter One hundred and sixteen.

and of Parishes divided under 3 & 4 W. 4. c. 37.

IV. Such Boundary Surveyor may define and mark out the Boundaries of any Parish which shall have been divided under the Provisions of an Act passed in the Third and Fourth Years of the Reign of King William the Fourth, Chapter Thirty-seven, and of any adjoining Parish to which any Lands separated from such first-mentioned Parish shall have been united.

17 & 18 Vict. c. 17. and this Act to be as One Act.

V. The said recited Act of the Seventeenth Year of Her present Majesty’s Reign, Chapter Seventeen, and this Act, shall be construed together as One Act; and all such Alterations of Boundaries hereby authorized to be made shall be subject to the Provisions of the said recited Act of the Seventeenth Year of Her Majesty’s Reign with respect to Appeals to Quarter Sessions and the final Decision of the Lord Lieutenant.