Local Government and Public Health Provisional Orders Confirmation Act, 1944

• Permanent Page URL

Number 1 (Private) of 1944.

LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDERS CONFIRMATION ACT, 1944.

ARRANGEMENT OF SECTIONS

FIRST SCHEDULE.

SECOND SCHEDULE.

Number 1 (Private) of 1944.

LOCAL GOVERNMENT AND PUBLIC HEALTH PROVISIONAL ORDERS CONFIRMATION ACT, 1944.

AN ACT TO CONFIRM THE CORK PORT SANITARY ORDER, 1943, AND THE CITY OF WATERFORD (EXTENSION OF BOUNDARY) PROVISIONAL ORDER, 1944. [3rd October, 1944.]

WHEREAS the Cork Port Sanitary Order, 1943, set out in the First Schedule to this Act has been duly made by the Minister for Local Government and Public Health under the Public Health Acts, 1878 to 1931, but will not have effect until confirmed by the Oireachtas:

AND WHEREAS the City of Waterford (Extension of Boundary) Provisional Order, 1944, set out in the Second Schedule to this Act has been duly made by the said Minister under the Water ford City Management Act, 1939 (No. 25 of 1939), but will not have effect until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Confirmation of Cork Port Sanitary Order, 1943.

1.—The Cork Port Sanitary Order, 1943, set out in the First Schedule to this Act is hereby confirmed.

Confirmation of City of Waterford (Extension of Boundary) Provisional Order, 1944.

2.—The City of Waterford (Extension of Boundary) Provisional Order, 1944, set out in the Second Schedule to this Act is hereby confirmed.

Short title.

3.—This Act may be cited as the Local Government and Public Health Provisional Orders Confirmation Act, 1944.

FIRST SCHEDULE.

Cork Port Sanitary Order, 1943.

WHEREAS by a provisional order called the Cork Port Sanitary Order, 1903 (in this Order referred to as “the Order of 1903”) which was confirmed by the Local Government Board (Ireland) Provisional Orders Confirmation (No. 5) Act, 1903 (in this Order referred to as “the Act of 1903”) a port sanitary authority was constituted for that part of the customs port of Cork described in the Order of 1903 by forming a joint board under the name of the Cork Port Sanitary Authority, consisting of members of the sanitary authorities of the sanitary districts therein specified, which authorities are referred to in the Order of 1903 as “the component authorities”;

AND WHEREAS the Act of 1903, in so far as it relates to the Order of 1903, has been amended by the following Acts (in this Order referred to as “the Amending Acts”) that is to say the Local Government and Public Health Provisional Order Confirmation Act, 1928 (confirming the Cork Port Sanitary Order, 1927) and the Local Government and Public Health Provisional Order Confirmation Act, 1937 (confirming the Cork Port Sanitary Order, 1936);

AND WHEREAS by reason of the Amending Acts the following sanitary authorities are the component authorities for the purposes of the Order of 1903, that is to say:—

The Lord Mayor, Aldermen and Burgesses of Cork,

The South Cork Board of Public Health,

The Council of the Urban District of Cobh,

The Council of the Urban District of Passage West:

AND WHEREAS by section 36 of the County Management Act, 1940, the South Cork Board of Public Health has been dissolved and its powers, functions and duties transferred to and vested in the Council of the County of Cork;

AND WHEREAS on the 1st day of October, 1942, by the Passage West Urban District (De-urbanisation) Order, 1942, the Urban District of Passage West was added to the County Health District of South Cork and has ceased to be an urban sanitary district;

AND WHEREAS after inquiry it appears to the Minister for Local Government and Public Health (in this Order referred to as “the Minister”) that the Act of 1903 should be further amended in manner hereinafter appearing;

AND WHEREAS notice of the purport of this Order was published in the Cork Examiner on the 10th day of July, 1943, and the 17th day of July, 1943:

AND WHEREAS no objection to this Order has been made to the Minister by any person affected thereby;

NOW THEREFORE the Minister in exercise of the powers conferred on him by section 205 of the Public Health (Ireland) Act, 1878, and in exercise of every other power enabling him in this behalf hereby orders as follows that is to say:—

1. The amendments made by the Amending Acts in the Act of 1903 so far as it relates to the Order of 1903 shall cease to have effect.

2. The following Schedule shall be substituted for the Schedule to the Order of 1903 as confirmed by the Act of 1903, that is to say—

3. All costs and expenses incurred by the Minister in relation to the application for, preparation of, making and confirming this Order shall be deemed to be and be defrayed as expenses incurred by the Cork Port Sanitary Authority in the execution of the Order of 1903 and this Order and shall be paid by the said Port Sanitary Authority to the Minister.

4. This Order shall come into operation on the day subsequent to the passing of the Act of the Oireachtas confirming this Order, but shall apply in relation to any expenses incurred by the Cork Port Sanitary Authority after the urban district of Passage West ceased to be an urban sanitary district.

5. This Order may be cited as the Cork Port Sanitary Order, 1943.

SECOND SCHEDULE.

City of Waterford (Extension of Boundary) Provisional Order, 1944.

WHEREAS in pursuance of sub-section (1) of section 36 of the Waterford City Management Act, 1939 , the Mayor, Aldermen and Burgesses of Waterford, acting by the Council, did on the 15th day of October, 1942, cause to be presented to the Minister for Local Government and Public Health (hereinafter referred to as “the Minister”) a petition, making application for a provisional order extending the boundary of the City of Waterford so as to include therein the portion of the Administrative County of Waterford described in the Schedule hereunto annexed:

AND WHEREAS the Minister, after receiving, the said application did cause to be held a local inquiry into the subject matter thereof and has considered any representations that have been made to him by the Council of the Administrative County of Waterford:

AND WHEREAS the Minister thinks it proper to give effect to the proposal contained in the said application, with modification, and to make the provisions included in this Order for the matters mentioned in paragraph (b) of sub-section (4) of the said section 36 :

NOW, THEREFORE, the Minister, in exercise of the powers vested in him by section 36 of the Waterford City Management Act, 1939 , and of all other powers in this behalf enabling him hereby orders as follows, that is to say:—

1. This Order may be cited as the City of Waterford (Extension of Boundary) Provisional Order, 1944.

2. This Order shall come into force upon the day (which day is hereinafter referred to as “the commencement of this Order”) on which the Act confirming this Order is passed or on the 1st day of April, 1944, whichever is the later.

3. In this Order, unless the context otherwise requires—

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

the expression “the County Council” means the Council of the Administrative County of Waterford;

the expression “the City” means the County Borough of Waterford;

the word “the County” means the Administrative County of Waterford;

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the added area” means the area described in the schedule hereunto annexed; and

the expression “the municipal rate” has the same meaning as in the Waterford City Management Act, 1939 ;

the expression “the existing boundary” means the boundary of the County Borough of Waterford as existing immediately before the commencement of this Order.

4. On and after the commencement of this Order the area described in the Schedule hereunto annexed shall be detached from the County and from the jurisdiction and powers of the County Council and shall be added to the City and thenceforward the said area shall be included in and form part of the City for all purposes and the boundary of the City shall be extended accordingly.

5. Any adjustment of any matter or thing requiring to be adjusted between the Corporation and the County Council in consequence of the addition to the City by this Order of the added area, shall be made in the manner provided by section 19 of the Local Government (Dublin) Act, 1930 , for the adjustment of any matter or thing in relation to the added rural area mentioned in that Act; and the provisions of that section shall, with the necessary modifications, apply accordingly.

6. (1) As soon as may be after the commencement of this Order, the Commissioner of Valuation shall prepare in duplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in suitable manner approved by the Minister the added area and the City and shall seal both duplicates of such map and shall deposit one of such duplicates in the principal office of the said Commissioner and shall deposit the other of such duplicates in the offices of the Corporation.

(2) The said maps when so deposited in the said offices of the said Commissioner and the Corporation respectively shall be retained in such offices, and such maps or true copies thereof shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner and the Corporation respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof, and to charge for such copy such sum as the Minister, with the sanction of the Minister for Finance, shall direct.

(3) It shall be the duty of the said Commissioner and of the Corporation respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this article and to verify such copy to such Court by the oath of one of his or their officers, and, upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the boundaries (so far as the same are shown on such copy) of the added area notwithstanding any discrepancy between such copy and the description contained in the Schedule annexed hereunto or any ambiguity or uncertainty in such description or in the application thereof.

7. (1) The following limitation shall have effect in respect of the assessment of a municipal rate to which this sub-article applies on a hereditament or tenement situate in the added area, that is to say, so much in the pound of any such rate as is raised for purposes other than the excepted purposes as hereinafter defined shall not exceed the total amount in the pound of so much of all rates assessed on hereditaments and tenements (other than agricultural land) in the townland in which such first-mentioned hereditament or tenement was situate for or in respect of the year beginning on the 1st day of April, 1943, as was raised for purposes other than defraying expenses incurred by the Board of Public Assistance for the Waterford Public Assistance District.

(2) Sub-article (1) of this article shall apply to every municipal rate made in the City for or in respect of a year prior to the year beginning on the 1st day of April, 1950.

(3) The following purposes shall be excepted purposes within the meaning of this article, that is to say:—

(a) defraying expenses incurred by the Board of Public Assistance for the Waterford Public Assistance District;

(b) defraying expenses incurred or meeting a demand made under any Act (other than the Act confirming this Order) passed by the Oireachtas after the 31st day of March, 1944.

Schedule Referred to in the Foregoing Order.

Description of the Portion of the County added by this Order to the City.

1. In this Schedule—

the expression “the railway” means the railway from the City of Waterford to Tramore;

the expression “the main road” means the main road from the City of Waterford to Tramore;

the expression “Boundary Lane” means the lane running to the railway from a point on the main road approximately half a mile from Sheeps Bridge measured along the main road in the direction of Tramore;

the expression “Couse Bridge” means the centre point of the northern side of Couse Bridge.

2. The added area shall be all that area enclosed within the existing boundary and a line commencing at the point where the existing boundary crosses the easterly fence of the railway and running thence in a straight line to Couse Bridge, thence along the northerly and westerly boundary of the Old Tramore Road for a distance of 160 yards measured along the said boundary in the direction of Tramore, thencé in a straight line to the junction of the centre line of Boundary Lane with the westerly boundary of the main road, thence along the centre line of Boundary Lane to the westerly fence of the railway, thence along the said westerly fence to Sheeps Bridge, thence in a straight line to the boundary of the townland of Kings Meadow at Bleach Bridge, and thence along the boundary of the said townland to the existing boundary.