Local Government Provisional Order Confirmation Act, 1959

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Number 1 (Private) of 1959.

LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1959.

ARRANGEMENT OF SECTIONS

SCHEDULE

Borough of Wexford (Alteration of Boundary) Order, 1959.

Description of the area of the county Health District of Wexford transferred to the Borough of Wexford.

Number 1 (Private) of 1959.

LOCAL GOVERNMENT PROVISIONAL ORDER CONFIRMATION ACT, 1959.

AN ACT TO CONFIRM THE BOROUGH OF WBXFORD (ALTERATION OF BOUNDARY) ORDER, 1959. [3rd March, 1959.]

WHEREAS the Borough of Wexford (Alteration of Boundary) Order, 1959, set out in the Schedule to this Act has been duly made by the Minister for Local Government under the Schedule to the Local Government (Application of Enactments) Order, 1898, and the Local Government (Ireland) Act, 1898, but will not have effect until confirmed by the Oireachtas :

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Confirmation.

1.—The Borough of Wexford (Alteration of Boundary) Order, 1959, 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, 1959.

SCHEDULE.

Borough of Wexford (Alteration of Boundary) Order, 1959.

Section 1 .

The Minister for Local Government in exercise of the powers conferred on him by article 25 of the Schedule to the Local Government (Application of Enactments) Order, 1898, 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 Borough of Wexford (Alteration of Boundary) Order, 1959.

2. (1) In this Order—

“the Borough” means the Borough of Wexford;

“the Corporation” means the Mayor, Aldermen and Burgesses of Wexford;

“the County Council” means the Council of the County of Wexford;

“the existing boundary” means the boundary of the Borough as existing immediately before the coming into operation of this Order;

“the Minister” means the Minister for Local Government;

“the transferred area” means the area described in the Schedule hereto and

“the valuation map” means the copy of sheet 37 XVI (Wexford) of the 1940 revision of the Ordnance Survey map (scale 25.344 inches to the mile) used by the Commissioner of Valuation to show the boundaries of tenements and hereditaments in the District Electoral Division of Wexford Rural included in the revised lists of tenements and hereditaments issued by the said Commissioner to the Secretary of the County Council by the 1st day of March, 1959.

(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 sheet 37 XVI (Wexford) of the 1940 revision of the Ordnance Survey Map drawn on the scale of 25.344 inches to the mile.

(b) a reference to a line drawn along any fence or road shall, save where the context otherwise requires, be construed as meaning a line drawn along the middle of the fence or road.

3. This Order shall come into operation on the 1st day of April, 1959, 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 appoint.

4. (1) On the coining into operation of this Order, the transferred area shall be detached from the County Health District of Wexford and shall be added to the Borough and thenceforward the transferred; area shall cease to form part of the County Health District of Wexford and shall be included in and form part of the Borough for all purposes and the boundary of the Borough shall be altered accordingly.

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

5. The Commissioner of Valuation shall prepare in triplicate a map drawn to such scale and in such number of separate sheets as he thinks fit showing the transferred area and the existing boundary and shall seal each of the maps and shall deposit one of the maps in the principal office of the said commissioner, another in the offices of the Corporation and another in the offices of the County Council.

6. (1) The County Council and the Corporation may by agreement make any adjustment of property, rights and liabilities which may be necessary because of the inclusion of the transferred area in the Borough.

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

(3) Every adjustment under this article shall have effect according to the terms thereof and shall be final and conclusive.

7. In the event of this Order coming into operation on or before the day in any local financial year on which the Corporation make a rate, the revised lists of tenements and hereditaments sent by the Commissioner of Valuation to the Secretary of the County Council by the first day of March in the preceding local financial year shall, so far as the said lists relate to the transferred area, be forwarded by the said Secretary to the Clerk of the Council of the Borough and thereupon the said lists shall be deemed to be revised lists according to which any rate in respect of the transferred area for that financial year may be made by the Corporation.

8. In the register of electors for the County of Wexford which is in force on the coming into operation of this Order or which comes into force on the 15th day of April next thereafter, the transferred area shall be shown separately in such manner m may be directed by the Minister.

SCHEDULE.

Description of the area of the county Health District of Wexford transferred to the Borough of Wexford.

The transferred area shall be that part of the County Health District of Wexford situated between the existing boundary and a line drawn as follows:—

Starting at the point where the existing boundary intersects the northern boundary of Newtown Townland, thence in a south-westerly direction along the said townland boundary and along the northern boundary of Whitemill North Town-land to its junction with the western fence of the 1.831 field in the last-mentioned townland, thence in a south-easterly direction along the said western fence to its termination at the gap at the south-western corner of the said field, thence in a straight line in a south-easterly direction to the junction of the northern and western fences of the 4.299 field in the said last-mentioned townland, thence in a south-easterly direction along the western fence of the last-mentioned field to its termination, thence in a straight line in a south-easterly direction to the junction of the northern and western fences of the 1.330 field in Whitemill South Townland, thence in a south-easterly direction along the western boundary of the last-mentioned field and in south-easterly, southerly and southeasterly directions, successively, along the western boundary of the 3.370 field in the same townland and continuing in a south-easterly direction along the imaginary south-easterly projection of the western fence of the last-mentioned field to its intersection with the centre line of the road locally known as New Line Road, thence in a north-easterly direction along the centre line of the said road to its junction with the northern boundary of Whiterock North Townland, thence in north-easterly and south-westerly directions, respectively, along the northern and eastern boundaries of the last-mentioned townland to the intersection of the said eastern boundary by the imaginary westerly projection of the southern fence of the Electricity Supply Board's High Tension sub-station which lies immediately southwards of the hereditament now occupied by John Sharkey and referred to in the valuation map as 44 Distillery Road, thence in an easterly direction along the said projection and in easterly and southerly directions, successively, along the southern fence of the said Electricity Supply Board's substation to its junction with the fence which forms the western boundary of the hereditaments referred to in the valuation map as 114 and 113, Distillery Road and now occupied, respectively, by Patrick Lacey and Richard Keeling, thence in southerly and south-easterly directions, successively, along the last-mentioned fence to its junction with the southern fence of the last-mentioned hereditament, thence in a north-easterly direction along the said southern fence and along the southern fence of the hereditament referred to in the valuation map as 112, Distillery Road and now occupied by Peter Dempsey, to its junction with the northern fence of the 2.650 field in Whiterock South Townland, thence in easterly and southeasterly directions, respectively, along the northern and eastern fences of the last-mentioned field to the junction of the eastern fence with the northern fence of the 3.104 field in the same townland, thence in an easterly direction along the last-mentioned fence to its junction with the western fence of the 2.733 field in Whiterock South Townland, thence in a northerly direction along the said western fence to its junction with the rear boundary fence of the hereditament referred to in the valuation map as 96, Distillery Road and now occupied by John Cloney, thence in south-easterly, north-easterly, north-westerly and northerly directions, successively, along the fence which forms the rear boundary of the hereditaments referred to in the valuation map as 96 to 64 inclusive, Distillery Road, to the junction of the said rear boundary fence with the southeastern fence of the hereditament referred to in the valuation map as 63, Distillery Road and rated in the name of Paul Ennis, thence in a north-easterly direction along the last-mentioned fence to its junction with the southern fence of the hereditament referred to in the valuation map as 2, Distillery Road and now occupied by Laurence O'Neill, thence in a north-easterly direction along the last-mentioned fence and along the fence which forms the southern boundary of the hereditaments referred to in the valuation map as 1, Distillery Road and 4Bb in Whiterock South Townland both of which are now occupied by W. Goodison and continuing in the same direction along the north-eastern continuation of the said southern boundary fence and along its imaginary north-easterly projection to its intersection by the existing boundary.