Boundary Survey (Ireland) Act, 1859

BOUNDARY SURVEY (IRELAND) ACT 1859

C A P. VIII.

An Act to amend the Act of the Twentieth and Twenty-first Years of Victoria, Chapter Forty-five, relating to the Survey of Boundaries in Ireland. [8th August 1859.]

20 & 21 Vict. c. 45.

Whereas an Act was passed in the Session of Parliament holden in the Twentieth and Twenty-first Years of Her Majesty, intituled An Act to make further Provision for defining the Boundaries of certain Denominations of Land in Ireland for Public Purposes: And whereas it is expedient to amend the same:’ 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 Name of Lands erroneously named in Ordnance Map on Application of Owners and Proof of Error.

I. The Provisions contained in the said recited Act for enabling the Boundary Surveyor for the Time being, when he shall find that the Boundaries of any Land have been erroneously marked out, laid down, or described on the Ordnance Map of any County, to make such Alteration therein as the Circumstances of the Case shall require, shall extend and apply to enable such Boundary Surveyor in any Case where any Lands have not been correctly named on such Ordnance Map, so far as the same can be shown by any ancient Deed. Instrument, Document, or Writing, to make such Alteration therein as the Circumstances of the Case shall require; provided that Application be made to him for such Alteration by the Owner or Owners, or reputed Owner or Owners of such Land, stating therein the Grounds on which such Application is made, and the Name of the Lands which it is proposed by such Owner or Owners to substitute for the Name of such Lands so entered on such Ordnance Map.

Boundary-Surveyor may define Boundaries of certain Parishes.

II. 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 Seventh and Eighth Years of the Reign of King George the Fourth, Chapter Forty-three, or of an Act passed in the Third and Fourth Years of the Reign of King William the Fourth, Chapter Thirty-seven, or of an Act passed in the Eleventh and Twelfth Years of the Reign of Her Majesty, Chapter Forty-one, and of any adjoining Parish to which any Lands separated from such first-mentioned Parish shall have been united.

Recited Act and this Act to be One Act, and be subject to 17 Vict. c. 17.

III. The said recited Act and this Act shall be read together as One Act, and all such Alterations of Boundaries or Names of Land hereby authorized to be made shall be subject to the Provisions of an Act passed in the Seventeenth Year of the Reign of Her Majesty, Chapter Seventeen, with respect to the Order or Orders of the Lord Lieutenant and Privy Council.

The Publication in Dublin Gazette of the detailed Report of Boundary Surveyor to be discontinued.

Copy of Order in Council, &c. to be transmitted to Clerk of Peace, &c.

IV. ‘And whereas the Publication in the Dublin Gazette of the detailed Report of the Boundary Surveyor, referred to in the Order of the Lord Lieutenant in Council, is unnecessary and expensive:’ Be it enacted, That it shall be sufficient for the Purposes of this Act and the several Acts herein-before mentioned that the Order only of the Lord Lieutenant in Council, made in respect of the detailed Report and Ordnance Plans submitted by the Boundary Surveyor, shall be published in the Dublin Gazette, but every such Order in Council shall contain a Clause that the said Order, and the Report in detail and the Ordnance Plans submitted by the Boundary Surveyor, shall remain on Record in the Council Office, and shall be exhibited to any Person or Persons who may desire to inspect the same, without Fee or Reward; and a Copy of the said Order in Council, with Copies of the Report and Ordnance Plans certified under the Hand of the Clerk of the Council, shall be transmitted to the Clerk of the Peace for each County to which such Order shall in any way relate, to be by him kept and preserved in his Office, and exhibited at all reasonable Hours to any Person or Persons who may desire to inspect the same, without Fee or Reward.

Act to extend to Ireland only.

V. This Act shall extend to Ireland only.