S.I. No. 36/1957 - Urban District of Enniscorthy (Alteration of Boundary) Order, 1957.

S.I. No. 36 of 1957.

URBAN DISTRICT OF ENNISCORTHY (ALTERATION OF BOUNDARY) ORDER, 1957.

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 Enniscorthy (Alteration of Boundary) Order, 1957.

2. In this Order—

" the Boundary Order " means the order made by the Council of the County of Wexford on the 13th day of August, 1956 under sub-section (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Enniscorthy and

" the County Council " means the Council of the County of Wexford.

3. 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.

4. The Boundary Order as so modified as aforesaid shall be and is hereby confirmed.

SCHEDULE

Order (as modified by this Order) of the Council of the County of Wexford altering the Boundary of the Urban District of Enniscorthy.

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

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Wexford (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 :

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 them by sub-section (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , hereby order as follows :

1. This Order shall come into operation on the twenty-third day of February, 1957.

2. On the coming into operation of this Order, the areas described in the schedule hereunto annexed (hereinafter referred to as " the transferred areas ") shall be detached from the County Health District of Wexford and shall be added to the Urban District, and thenceforward the transferred areas shall cease to form part of the County Health District of Wexford 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 Enniscorthy Urban shall be deemed to have been elected for the local electoral area of Enniscorthy Urban as extended by this Order.

4.—(1) The provisions of any public general Act adopted by the Council of the Urban District 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 construed as references to the Urban District as extended by this Order.

(2) All bye-laws and regulations of the County Council and of the Council of the Urban District 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 Council of the Urban District may by agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of the Boundary 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.

6. In the Schedule to this Order—

(a) a reference to a line drawn along any fence, road or river shall, save where the context otherwise requires, be construed as a reference to a line drawn along the centre line of the fence, road or river ;

(b) the expression " boundary fence " includes a boundary wall.

GIVEN under the Seal of the Wexford County Council this 13th day of August, 1956.

JAMES J. KENNEDY,

Chairman.

SÉAMUS Ó GALLCHOBHAIR,

Secretary.

SCHEDULE.

The transferred areas shall be as follows :—

1. All those parts of the County Health District of Wexford lying between the boundary of the Urban District of Enniscorthy as existing immediately before the coming into operation of this Order (hereinafter called " the existing urban boundary ") and a line drawn as follows :—

Starting at the junction of the existing urban boundary with the centre line of Bellfield Road; thence in a north-westerly direction along the said road to its intersection by the imaginary south-westerly projection of the south-eastern boundary fence of the hereditament, area 32a. 1r. 17p., rated in the name of Representatives of Joseph Nolan in Enniscorthy townland ; thence in a north-easterly direction along the said projection and boundary fence to the junction of the said boundary fence with the southwestern boundary fence of the hereditament rated in the name of Peter Kavanagh in the said townland ; thence in south-easterly and north-easterly directions respectively along the south-western and south-eastern boundary fences of the last mentioned hereditament to the junction of the south-western and southern boundary fences of the hereditament, area 6a. 0r. 25p., rated in the name of Joseph Horgan in the same townland ; thence in a north-easterly direction along the southern boundary fence of the last-mentioned hereditament and along the imaginary north-easterly projection of the last-mentioned fence to its intersection by the centre line of the road, locally known as Bishop's Well Road ; thence in a north-easterly direction along the said road to its intersection by the imaginary north-westerly projection of the north-eastern boundary fence of the hereditament area 6a. 0r. 0p., rated in the name of Enniscorthy Urban District Council in the same townland ; thence in a south-easterly direction along the last mentioned projection and boundary fence and continuing in a south-easterly direction along the north-eastern boundary fence of the hereditament rated in the name of the Representatives of Captain H. A. Bruen in the same townland and along the imaginary south-easterly projection of the north-eastern boundaryfence of the last mentioned hereditament to its intersection by the centre line of the road known as Blackstoops Road ; thence in a south-westerly direction along the said road to its intersection by the imaginary north-westerly projection of the north-eastern boundary fence of the hereditament rated in the name of John Nolan in the same townland ; thence in a south-easterly direction along the last mentioned projection and boundary fence and along the imaginary south-easterly projection of the last mentioned boundary fence to its intersection by the centre line of the River Slaney ; thence in a south-westerly direction along the said river to its intersection by the existing urban boundary.

2. All those parts of the County Health District of Wexford lying between the boundary of the Urban District of Enniscorthy as existing immediately before the coming into operation of this Order (hereinafter called " the existing urban boundary ") and a line drawn as follows :—

Starting at the most easterly junction of the existing urban boundary with the southern boundary fence of the hereditament, area 2a. 3r. 25p., rated in the name of Mary Callaghan in Temple-shannon townland ; thence in south-easterly and easterly directions successively along the southern boundary fence of the last mentioned hereditament to the junction of the southern and eastern boundary fences of the said hereditament ; thence in a straight line in a south-easterly direction to the junction of the western and southern boundary fences of the hereditament, area 3a. 0r. 0p., rated in the name of Philip Bolger in the last mentioned townland ; thence in a south-easterly direction along the southern boundary fence of the last mentioned hereditament to its junction with the western boundary fence of the hereditament rated in the name of M. Croke in the last mentioned townland ; thence in a south-westerly direction along the last mentioned boundary fence and along its imaginary south-westerly projection to its intersection by the centre line of the road locally known as the Shannon ; thence in a north-westerly direction along the last mentioned road to its junction with the existing urban boundary.

GIVEN under the Official Seal of the Minister for Local Government this twenty-second day of February One Thousand Nine Hundred and Fifty-seven.

PATRICK O'DONNELL,

Minister for Local Government.

EXPLANATORY NOTE

The effect of this Order is to extend the boundary of the urban district of Enniscorthy as from 23rd February, 1957 by including therein part of the county health district of Wexford.