S.I. No. 65/1948 - Clones Urban District (Alteration of Boundary) Order, 1948.


S.I. No. 65 of 1948.

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

WHEREAS the Council of the Urban District of Clones (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 Clones (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 Clones 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 BOUNDARY OF THE URBAN DISTRICT OF CLONES.

WHEREAS the Council of the Urban District of Clones 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 Clones (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 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 Clones Rural and shall form part of the Urban District and of the District Electoral Division of Clones Urban.

4. Every person holding office on the coming into operation of this Order as a member of the County Council or of the Council of the Urban District for any electoral area affected by this Order shall be deemed to have been elected for the electoral area as altered by this Order and the County Council and the Council of the Urban District 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 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 or 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.

Given under the Seal of the Monaghan County Council this 24th day of March, 1947.

SÉAMUS Mac SE?GHAIN,

Chairman.

D. P. O'CONNOR,

Secretary.

SCHEDULE.

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

The transferred area shall be all that area comprised within the existing boundary and a line commencing at the point where the Clonboy and Mullinamoy townlands meet on the Monaghan-Fermanagh border and running thence along the townland boundary between Clonboy and Mullinamoy townlands to the northern fence of the railway line from Clones to Cavan and Enniskillen, thence along the said northern fence of the said railway line to the eastern boundary of the road leading through the townland of Carn from the level crossing of the said railway line, thence northwards along the said boundary of the said road to the northern bank of the stream running under the said road, thence eastwards along the said northern bank of the saidstream to the junction of the said bank of the said stream with the fence dividing Valentine P. Kieran's land from Mrs. Rachel McGuiness' land and thence westwards and northwards along the said fence to the right of way leading from the road from Millbrook to Dummy's Lough to the gravel pit on the lands of the said Rachel McGuinness, thence north-east along the northern boundary of the said right of way and across the public road leading from Millbrook to Dummy's Lough to the junction of the western boundary of the said public road with the fence bounding the northern side of garden attached to house on Samuel Keary's land and thence north-east along the said fence in a straight line with the said fence to the western boundary of the public road leading from Millbrook to Fivemiletown, thence south-east along the said boundary to the junction of the said boundary with the northern fence of the land now occupied by Clones Co-Operative Creamery, thence across the said road to the junction of the eastern boundary of the said road with the fence dividing the land now occupied by Clones Co-Operative Creamery from Samuel Keary's land, thence along the said fence to the townland boundary between Clonkeen (Cole) and Liseggerton, thence south along the townland boundary between Clonkeen and Liseggerton, thence along the townland boundary Clonkeen and Largy, thence along the townland boundary between Altertate and Largy to the junction of the said townland boundary with the southern fence of the railway line from Clones to Dundalk, thence south-east along the said fence of the said railway line to the junction of the said fence with the fence on the east side of Mrs. Gunn's residence, thence south along the said fence on the east side of Mrs. Gunn's residence, to the northern boundary of the Clones-Ballybay road, thence west along the said northern boundary of the Clones-Ballybay road for a distance of 214 yards measured along the said boundary in the direction of Clones, thence south across the said road to the junction of the southern boundary of the said road with the fence running through Owen McCabe's land, thence south along the said fence to the northern boundary of the right of way leading from Clones to Stirling Lodge, thence north-west along the northern boundary of the said right of way to the junction of the said northern boundary of the said right of way with the fence running through Thomas Noble's land, thence across the said right of way to the junction of the southern boundary of the said right of way with the fence running through Mrs. Edward Ferguson's land, thence south along the said fence running through Mrs. Edward Ferguson's land to the boundary of the Clones Urban District Council's Sewerage Works, thence east and south along the boundary of the said Sewerage Works, thence south across the Ulster Canal to the junction of the townland boundary between the townlands of Clontibret and Legar Hill, with the drain running north and west from the said townland boundary, thence south-west along the said townland boundary to the junction of the said townland boundary with the townland boundary between the townlands of Legar Hill and Teehill, thence north-west along the townland boundary between the townlands of Legar Hill and Teehill, to the junction of the said townland boundary with the boundary of the Urban District as existing immediately before the commencement of this order, thence along the said boundary of the Urban District to the point where the said boundary turns north-west across the Ulster Canal, thence south-west along the northern fenceof Thomas McEntee's land, thence south-west along the fence running south of Teehill Cottage to the Monaghan-Fermanagh County Boundary, thence west along the said county boundary to the junction of the Clonboy and Mullinamoy townlands, being the point first named.

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.