S.I. No. 63/1948 - Castleblayney Urban District (Alteration of Boundary) Order, 1948.


S.I. No. 63 of 1948.

CASTLEBLAYNEY URBAN DISTRICT (ALTERATION OF BOUNDARY) ORDER, 1948.

WHEREAS the Council of the Urban District of Castleblayney (which Urban District is not a borough) made an application to the Council of the County of Monaghan (hereinafter called " the County Council ") being the Council of the County in which the Urban District of Castleblayney (hereinafter called " the Urban District ") is situate for an order altering the boundary of the Urban District in the manner specified in such application :

AND WHEREAS the County Council on the 24th day of March, 1947, made an Order (hereinafter called " the Boundary Order ") altering the boundary of the Urban District :

AND WHEREAS the County Council have submitted the Boundary Order for confirmation to the Minister for Local Government (hereinafter called " the Minister ") :

AND WHEREAS before making the Boundary Order, the County Council complied with the requirements of the Urban Districts (Alteration of Boundaries) Order, 1937 :

AND WHEREAS no petition to disallow the Boundary Order has been received by the Minister :

AND WHEREAS the Minister thinks proper to make the modifications in the Boundary Order hereinafter appearing and considers that the said modifications are necessary for carrying into effect the objects of the Boundary Order :

NOW, THEREFORE the Minister in exercise of the powers vested in him by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and sub-section (3) of Section 42 of the Local Government (Ireland) Act, 1898, and of all other powers in this behalf enabling him hereby orders, directs and declares as follows, that is to say :—

1. This Order may be cited as the Castleblayney Urban District (Alteration of Boundary) Order, 1948.

2. 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.

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

4.—(1) Any adjustment of property rights and liabilities which may become necessary for the full and effectual carrying out of the Boundary Order as between the County Council and the Council of the Urban District shall be made by such person as shall be appointed for the purpose by the Minister.

(2) The provisions of sub-articles (2), (4) and (5) of Article 30 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall with the necessary modifications apply for the purposes of any such adjustment as aforesaid in like manner as they apply to an agreement under the said Article.

SCHEDULE.

ORDER (AS MODIFIED BY THIS ORDER) OF THE COUNCIL OF THE COUNTY OF MONAGHAN ALTERING THE BOUDARY OF THE URBAN DISTRICT OF CASTLEBLAYNEY.

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

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

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 it by Section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , and of all other powers in this behalf enabling them hereby order as follows :—

1. This Order shall come into operation on the twenty-third day of February, 1948.

2. On the coming into operation of this Order, the boundary of the Urban District shall be altered by the transfer from the County Health District of Monaghan of the area (hereinafter referred to as " the transferred area ") described in the Schedule hereunto annexed.

3. The transferred area, viz : part of the lands of Drummillard Little, Moraghy, Bree and Conabarry, shall, on the coming into operation of this order cease to form part of the County Health District of Monaghan and of the District Electoral Division of Castleblayney Rural and shall form part of the District Electoral Division of Castleblayney Urban.

4. Every person holding office on the coming into operation of this Order as County Councillor or Urban District Councillor for any Electoral area affected by this Order and every County Councillor or Urban District Councillor elected for any such area at an election held after the coming into operation of this Order but before the registers for the year 1948 shall come into operation shall be deemed to have been elected for the electoral area as altered by this Order and the County Council or Urban District Council shall be deemed to have been elected for the county or urban district as altered by this Order.

5.—(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 Order 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 or 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.

Given under the Seal of the Monaghan County Council this 26th day of August, 1946.

SÉAMUS MAC SE?GHAIN,

Chairman.

OWEN CONNOLLY,

Acting Secretary.

SCHEDULE.

DESCRIPTION OF THE PORTION OF THE COUNTY HEALTH DISTRICT OF MONAGHAN TRANSFERRED BY THIS ORDER TO THE URBAN DISRICT.

The transferred area shall be all that area comprised within the existing boundary, and a line commencing at the point where the existing Urban Boundary and the townland boundary of Onomy meet in the graveyard attached to St. Mary's Roman Catholic Church, thence along the townland boundaries of Onomy and Canabury for a distance of 300 yards, thence south-west across the Railway linefrom Castleblayney to Dundalk, thence south-west along the fence running through the Gaelic Athletic Association's land to the road leading from Castleblayney to Carrickmacross, thence south-west across said road and thence along the fence dividing Castleblayney Urban Council's land from Sergeant Thomas Beirne's land to the junction of the said fence with the fence dividing Castleblayney Urban Council's land from Sergeant Beirne's land and B. McArdle's land, thence north-west along the latter fence to the road leading from Castleblayney to Laragh, thence eastwards and northwards along the eastern boundary of the said road to the existing Urban Boundary at Conabury cottage, thence south-west across the said road and along the fence dividing Bernard McArdle's land from J. Murphy's land to the Plantation, thence north-west along the fence dividing the Plantation from James Murphy's land and Mrs. Emily Taylor's land to the junction of the said fence with the fence dividing Mrs. Emily Taylor's land from the Convent of Mercy land, thence northwards along the latter fence to the existing Urban Boundary, thence south-west along the existing Urban Boundary to the " Bree " Road at the junction of existing Urban Boundary and the boundary dividing the townlands of Bree and Conabury, thence south-west across the said road to the western boundary, thence south-east along the western boundary of Bree Road to the junction of the fence dividing Peter Shortt's garden from Peter Shortt's land, thence westwards and north-westwards along the said fence to the junction of the fence dividing the Department of Defence's land from Peter Shortt's land, thence south-west along the said fence to the junction of the new fence dividing the Department of Defence's land from the Representatives of John Murray's land, thence westwards along the said new fence to the junction of the fence dividing the Department of Defence's land from the Representatives of J. Murray's land, thence south-west for a distance of fifty-three yards to the fence running through the Representatives of John Murray's land, thence north-west along the latter fence to the junction of the fence dividing the Representatives of John Murray's land from Mrs. Peter Shevlin's land, thence north-east along the said fence to the junction of the fence running through Mrs. P. Shevlin's land, thence westwards along the said fence to the road leading from Castleblayney to Shercock, thence north-east along the eastern boundary of the said road to the junction of the said road and the public road leading from Castleblayney to Ballybay, thence across the latter road to the northern boundary of said road, thence west along the said boundary to the junction of the fence dividing Robert Spence's land from Peter Shevlin's land, thence north-west along the said fence to the junction of the said fence and the townland boundary between Moraghy and Killycard, thence north-west along the said townland boundary to the junction of the fence dividing P. Shevlin's land from R. Spence's land, thence north-east along the fence running through R. Spence's land and continuing northeast along the fence dividing R. Spence's land from Castleblayney Urban Council's land to the junction of the fence dividing P. McKeown's land from Castleblayney Urban Council's land, thence south-east along the said fence to the junction of the fence running through P. McKeown's land, thence north-east along the said fence to the southern fence of the railway line from Castleblayney to Ballybay, thence north-east in a straight line across the said railway line to the townland

boundary between Drummillard and Moraghy at the Railway Bridge over the public road leading from Castleblayney to Monaghan, thence south-east along the townland boundary running through the centre of the public road leading from Castleblayney to Monaghan for a distance of 123 yards, thence north-east to the northern boundary of the said road at the junction of the fence running through the Representatives of Mrs. Thomas Crozier's land, thence north-east along the said fence to the townland boundary between Drummillard Little and Drummillard Beg, thence southwards and north-east along the said townland boundary to existing Urban Boundary.

GIVEN under the Official Seal of the Minister for Local Government this twenty-first day of February, One Thousand Nine Hundred and Forty-eight.

(Signed) T. J. MURPHY,

Minister for Local Government.