S.I. No. 377/1985 - Urban District of Longford (Alteration of Boundary) Order, 1985.

S.I. No. 377 of 1985.

URBAN DISTRICT OF LONGFORD (ALTERATION OF BOUNDARY) ORDER, 1985.

The Minister for the Environment 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 (No. 55 of 1936)) and by 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 Longford (Alteration of Boundary) Order, 1985.

2. The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

3. In this Order, "the Boundary Order" means the order made by the Council of the County of Longford on the 3rd day of May, 1985, under subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , altering the boundary of the Urban District of Longford.

4. 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.

5. The Boundary Order as so modified is hereby confirmed.

SCHEDULE

COUNTY OF LONGFORD

Order (as modified by this Order) of the Council of the County of Longford altering the boundary of the Urban District of Longford

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

AND WHEREAS the Urban District is an urban district (other than a borough) situate in the County of Longford (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 (S.R. and O. 1937 No. 221):

NOW THEREFORE the County Council in exercise of the powers vested in them by subsection (2) of section 10 of the Local Authorities (Miscellaneous Provisions) Act, 1936 , hereby order as follows:—

1. (1) This Order shall come into operation on the first day of January, 1986.

(2) The Interpretation Act, 1937 (No. 38 of 1937) shall apply to this Order.

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

4. (1) The provision 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 this 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 for the Environment.

6. In the Schedule of this Order a reference to the existing boundary shall be construed as a reference to the boundary of the Urban District as existing immediately before the coming into operation of this Order.

7. (1) As soon as may be after the commencement of this Order, the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as he shall think fit, showing the transferred area and the altered boundary of the County Health District and of the Urban District and when such maps have been prepared by the said Commissioner he shall seal each such map and shall, as soon as may be thereafter, deposit them as follows, namely, one of them in the principal office of the said Commissioner, another in the offices of the County Council, another in the offices of the Council of the Urban District and another in the offices of the Minister.

(2) Every map deposited pursuant to subparagraph (1) of this paragraph in the principal office of the Commissioner of Valuation or in the offices of the County Council or of the Council of the Urban District shall be retained in the office or offices in which it is so deposited, and each such map, or true copies thereof, shall be open for inspection free of charge at the office or offices in which it is so deposited by any person at any time at which such office or offices is or are open for the transaction of public business, and it shall be lawful for the said Commissioner, the County Council or the Council of the Urban District 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 he, with the consent of the Minister for Finance, or they, may fix.

(3) It shall be the duty of the Commissioner of Valuation, the County Council and the Council of the Urban District respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map deposited with him or them under this paragraph or any specified part thereof 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 of evidence and thereupon such copy shall, unless the contrary is shown, be sufficient evidence of the transferred area and the altered boundary of the County Health District and the Urban District (in so far as the same are shown on such copy) notwithstanding any discrepancy between such copy and the description contained in the Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.

8. Every resolution passed, order made, and notice served by the County Council before the coming into operation of this Order in relation to the transferred area or any part thereof or anything done therein and the operation, effect or term of which had not ceased or expired before the said coming into operation shall on and after the said coming into operation and so far as it is not inconsistent with the Order continue in force and have effect in so far as it relates to the transferred area or any part thereof or anything done therein as if it were a resolution passed, order made, or notice served by the Council of the Urban District on the date on which the same was actually passed, made or served by the County Council, or done as if the transferred area were on the said date already included in the Urban District.

GIVEN under the Seal of the Council of the County of Longford this 3rd day

of May, 1985.

M. BRENNAN,

Chairman.

D. GRAY,

Acting County Secretary.

SCHEDULE

The transferred area shall be that area comprised between the existing boundary and a line drawn as follows:—

Starting at the junction of the existing boundary with the western boundary of Lisbrack townland; thence in a north easterly direction along the said boundary and along the western boundary of Aghadegnan townland to its junction with the northern boundary of the 1.850 acres field in the said townland; thence in a south easterly direction along the said boundary and along the northern boundary of the 1.903 acres field in the same townland to its junction with the western boundary of the 4.518 acres field in the same townland; thence in a southerly direction along the said boundary to its junction with the southern boundary of the same field; thence in a south easterly direction along the said boundary to its junction with the western boundary of the 3.686 acres field in the same townland; thence in a southerly direction along the said boundary and along the western boundary of the .716 acre field in the same townland to its junction with the southern boundary of the same townland; thence initially in an easterly direction along the said boundary to its junction with the existing boundary; thence initially in a north easterly direction along the said boundary to its intersection by the imaginary north westerly projection of the southern boundary of the 547 acre field in Lisnamuck townland; thence in a south easterly direction along the said imaginary projection and boundary and along the southern boundary of the 8.233 acres field in the same townland to its junction with the western boundary of the 2.314 acres field in the same townland; thence in a south easterly direction along the said boundary to its junction with the southern boundary of the same field; thence in a north easterly direction along the said boundary to its junction with the western boundary of the 25.483 acres field in the same townland; thence in a south easterly direction along the said boundary to its junction with the southern boundary of the same field; thence initially in a north easterly direction along the said boundary and along its imaginary south easterly projection to the intersection of the said imaginary projection by the centre line of the 2.400 acres parcel in the same townland; thence in a southerly direction along the said centre line to its junction with the northern boundary of Templemichael Glebe townland; thence initially in a south westerly direction along the said boundary and along the centre line of the 1.195 acres parcel in the same townland to its intersection by the imaginary north westerly projection of the southern boundary of the 8.256 acres field in the same townland; thence in a south easterly direction along the said imaginary projection and boundary to its junction with the eastern boundary of the same townland; thence initially in a southerly direction along the said boundary to its junction with the south western boundary of the 5.697 acres field in Ardnacassagh townland; thence in a south easterly direction along the said boundary and along the south western boundary of the 5.277 acres field in the same townland to its junction with the south eastern boundary of the same field; thence in a north easterly direction along the said boundary and along the south eastern boundary of the 4.896 acres field in the same townland to its junction with the north eastern boundary of the 7.062 acres field in the same townland; thence initially in a south westerly direction along the said boundary and along the western boundary of the 2.673 acres field in the same townland to its junction with the northern boundary of the Sligo-Mullingar railway line; thence in a south easterly direction along the said boundary to its junction with the northern boundary of Knockahaw townland; thence initially in a south easterly direction along the said boundary to its junction with the northern boundary of Feraghfad townland; thence in a south easterly direction along the said boundary to its junction with the eastern boundary of the same townland; thence initially in a southerly direction along the said boundary to its junction with the south eastern boundary of the 9.961 acres field in the same townland; thence in a south westerly direction along the said boundary and along the south eastern boundary of the 2.493 acres field in the same townland to its junction with the south western boundary of the same field; thence in a south westerly direction along a straight undefined line drawn between the last mentioned junction and the junction of the north eastern and south eastern boundaries of the 3.414 acres field in the same townland; thence in a south westerly direction along the last mentioned boundary and along the respective south eastern boundaries of the 1.279, 2.031, .714, 1.946, 2.379, .790, 1.462 and .509 acre fields in the same townland to its junction with the western boundary of the last mentioned field; thence in a south westerly direction along a straight undefined line drawn between the last mentioned junction and the junction of the north eastern and south eastern boundaries of the 1.122 acres field in the same townland; thence in a south westerly direction along the last mentioned boundary and along the respective south eastern boundaries of the 4.552, 2.137 and 3.584 acre fields in the same townland to its junction with the western boundary of the same townland; thence in a north westerly direction along the said boundary to its junction with the south eastern boundary of the 3.846 acres field in the Ballymabeegan townland; thence in a south westerly direction along the said boundary and along the respective south eastern boundaries of the 3.805 and 3.097 acre fields in the same townland to its junction with the north eastern boundary of the 3.612 acres field in the same townland; thence in a south easterly direction along the said boundary to its junction with the south eastern boundary of the same field; thence in a south westerly direction along the said boundary and along its imaginary south westerly projection to the intersection of the said projection by the north eastern boundary of the 2.529 acres field in the same townland; thence in a south easterly direction along the said boundary to its junction with the northern boundary of the .753 acre field in the same townland; thence in a westerly direction along the said boundary to its junction with the north eastern boundary of the 6.723 acres field in the same townland; thence initially in a westerly direction along the said boundary to its junction with the western boundary of the same townland; thence in a south easterly direction along the said boundary to its junction with the south eastern boundary of the 6.417 acres field in Lisduff townland; thence in a south westerly direction along the said boundary and along the south eastern boundary of the 3.510 acres field in the same townland and along its imaginary south westerly projection to the intersection of the said projection by the centre line of the .357 acre parcel in the same townland; thence in a southerly direction along the said centre line and along its southerly projection to the intersection of the said projection by the centre line of the 1.945 acres parcel in the same townland; thence in a north westerly direction along the said centre line to its junction with the western boundary