S.I. No. 279/1945 - District Court Districts (Dublin) Order. 1945.

STATUTORY RULES AND ORDERS. 1945. No. 279.

DISTRICT COURT DISTRICTS (DUBLIN) ORDER. 1945.

WHEREAS it is enacted by subsection (3) of section 47 of the Court Officers Act, 1926 (No. 27 of 1926), that it shall be lawful for the Minister for Justice from time to time, as he shall consider expedient, to do (amongst other things) either or both of the following things, that is to say, (a) vary or abolish any district prescribed by him under section 68 of the Courts of Justice Act. 1924 (No. 10 of 1924), or (b) create any new such district:

AND WHEREAS it is enacted by subsection (1) of section 11 of the Court Officers Act, 1945 (No. 25 of 1945), that whenever the Minister for Justice exercises a power conferred on him by the said subsection (3) of section 47 of the Court Officers Act, 1926 , he may make provision for securing the continuation and completion of any business transacted in the District Court which is initiated before the date of operation of the exercise of such power and is not completed before that date:

AND WHEREAS by the District Court (New Districts) Order, 1927. ( S. R. & O. No. 102 of 1927 ), the Minister for Justice abolished all districts theretofore prescribed by him under the said section 68 of the Courts of Justice Act, 1924 , and created thirty-one new districts for the purposes of the said section 68, and provided that for the purpose of identification those new districts should be numbered consecutively from 1 to 31:

AND WHEREAS it is enacted by subsection (2) of section 64 of the Courts of Justice Act, 1936 (No. 48 of 1936), that the Minister for Justice may, if and when he thinks proper, by order declare that as on and from a specified day (in that section referred to as the appointed day) a specified district prescribed under the said section 68 of the Courts of Justice Act, 1934, or under the said subsection (3) of section 47 of the Court Officers Act, 1926 , shall be styled and known as the Dublin Metropolitan District :

NOW, I, GERALD BOLAND, Minister for Justice, in exercise of the powers conferred on me by subsection (3) of section 47 of the Court Officers Act, 1926 (No. 27 of 1926), subsection (1) of section 11 of the Court Officers Act, 1945 (No. 25 of 1945), and subsection (2) of section 64 of the Courts of Justice Act, 1936 (No. 48of 1936), and of every and any other power me in this behalf enabling do hereby order as follows, that is to say :—

1. This Order may be cited as the District Court Districts (Dublin) Order, 1945.

2. This Order shall come into operation on the 1st day of January, 1946, and that day shall be the appointed day for the purposes of section 64 of the Courts of Justice Act, 1936 (No. 48 of 1936).

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. In this Order—

the expression " the Principal Order " means the District Court (New Districts) Order, 1927 ( S. R. & O. No. 102 of 1927 ),

the expression " the Deposited Map " means the map which was deposited by the Minister for Justice in the Ordinance Survey Office, Phœnix Park, Dublin, immediately before making this Order and to which, for purposes of identification, the official seal of the said Minister (countersigned by the signature of the said Minister and dated with the date of this Order) was affixed.

5. (1) So much of the Principal Order as provides that District No. 31 shall comprise and consist of the Dublin Metropolitan Area is hereby revoked and in lieu thereof it is hereby declared and ordered that District No. 31 shall comprise and consist of the area defined in that behalf on the Deposited Map by being bordered by a red line.

(2) The area which District No. 31 comprises and consists of by virtue of this Order is described verbally in the Schedule to this Order, and is defined on the reduced facsimile of the Deposited Map annexed to this Order by being bordered by a red line, but the said description and definition are for convenience only and, if there be therein any ambiguity or any inconsistency with the Deposted Map, the Deposited Map shall prevail.

6. District No. 31 as varied and defined by this Order shall, as on and from the day on which this Order comes into operation, be styled and known as the Dublin Metropolitan District.

7. So much of the Principal Order as provides that District No. 12 shall comprise and include the County Of Dublin exclusive of the Dublin Metropolitan Area is hereby revoked and in lieu thereofit is hereby declared and ordered that District No. 12 shall comprise and include (in addition to the District Electoral Divisions in the Counties of Kildare and Meath specified in that behalf in the Schedule to the Principal Order) the following areas, that is to say :—

(a) the county of Dublin, exclusive of so much thereof as is, by virtue of this Order, included in District No. 31, and

(b) so much of the County Borough of Dublin as is not included, by virtue of this Order, in District No. 31.

8. (1) Business transacted in the District Court which is initiated before the date on which this Order comes into operation and is not completed before that date shall be continued and completed in like manner as if this Order had not been made.

(2) For the purposes of this Article, business transacted in the District Court shall be regarded as being initiated on the day on which the summons, warrant, process, or other originating document relating to it is issued.

SCHEDULE

VERBAL DESCRIPTION OF DISTRICT No. 31.

A. The County Borough of Dublin (as existing at the date of this (Order) excluding the following areas, that is to say :—

(a) Beann Eadair Ward, and

(b) that portion of the said County Borough lying south of the River Dodder and bounded on the west by the townlands of Butterfield, Old Orchard, and Willbrook and on the east by the townlands of Rathmines Little and Churchtown Upper.

B. The following portions of the County of Dublin, that is to say :—

(a) the townlands of—

Artane South,

Walnut Grove,

Claremont,

Ballyfermet Lower,

Jamestown (E.D. Clondalkin),

Crumlin,

Wilkinstown,

Commons (E.D. Terenure),

Crumlin (Part of),

Greenhills,

Roebuck,

Perrystown,

Whitehall (E.D. Terenure),

Limekilnfarm,

Kimmage; and

(b) so much of the townland of Drimnagh as lies to the east of a line drawn from the junction of the road commonly known as Valley Road and Drimnagh Road by the west side of the Said Valley Road to Drimnagh Paper Mill buildings, thence along the western boundary wall of those buildings to the mill race, thence along the north side of the mill race for a distance of sixty-five yards to the sluice, thence in northerly direction along the water channel to the Cammock River, and thence along the centre of that river in the direction in which it flows to the point at which it begins to form the boundary of the townland of Drimnagh; and

(c) so much of the County of Dublin as lies south of the right bank of the River Tolka between Tolka Bridge (near Finglas) and the most direct road from Ashtown Park Gate to the bridge over the River Tolka three hundred yards north of Ashtown level crossing; and

(d) so much of the County of Dublin as lies—

(i) inside and to seaward of a line drawn two furlongs outside and to the right of the road from Anglesea Bridge (Donnybrook) to the entrance gate of Ayesha Castle (Victoria Road) by the following route, that is to say, from the said Bridge by the main road through Stillorgan and Galloping Green as far as the road junction at the Catholic Church of Our Lady of Perpetual Succour, thence by the road leading through Dean's Grange to Kill of the Grange, thence by Rochestown Avenue to the corner of the road leading to Sallynoggin, thence by that road through Sallynoggin to the corner of Glenageary Road, Upper, thence by the said Glenageary Road, Upper Killiney Road, and VictoriaRoad to the said entrance gate to Ayesha Castle and

(ii) to the north of a line drawn two furlongs south of and parallel to a line due east from the said entrance gate of Ayesha Castle to the sea; and

(e) Dalkey Island and the Muglins; and

(f) so much of the townlands of Stillorgan North and Mount Merrion (or Callary) as lies south and west of the line drawn under clause (i) of such-paragraph (d) of this paragraph; and

(g) the area lying between—

(i) the maritime boundary of the County Borough of Dublin and the Borough of Dun Laoghaire, and

(ii) a line drawn from low water mark, at the point where the line drawn under clause (ii) of sub-paragraph (d) of this paragraph meets the sea, along the line of low water (but so as to include the whole of Dún Laoghaire Harhour) to the Poolbag Lighthouse, thence directly to the point of the North bull breakwater, thence along the north side of that breakwater and the line of low water to a point directly opposite Kilbarrack Lane.

GIVEN under my Official Seal, this 31st day of October, 1945.

GERALD BOLAND,

Minister for Justice

Map of the Dublin Metropolitan District.