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1 1955

LOCAL GOVERNMENT PROVISIONAL ORDERS CONFIRMATION ACT, 1955

FIRST SCHEDULE.

Section 1 .

County Borough of Cork (Extension of Boundary) Provisional Order, 1954.

The Minister for Local Government in exercise of the powers vested in him by section 25 of the Cork City Management (Amendment) Act, 1941 (No. 5 of 1941) and section 5 of the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939), hereby orders as follows:—

Title.

1. This Order may be cited as the County Borough of Cork (Extension of Boundary) Provisional Order, 1954.

Commencement.

2. This Order shall come into force upon the 1st day of April, 1955, or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.

Definitions.

3. (1) In this Order—

the Corporation” means the Lord Mayor, Aldermen and Burgesses of Cork;

the County Council” means the Council of the County of Cork;

the City” means the County Borough of Cork;

the County” means the County of Cork;

the Minister” means the Minister for Local Government;

the added area” means the area described in the Schedule hereunto annexed;

the existing boundary” means the boundary of the City as existing immediately before the commencement of this Order;

the commencement of this Order” means the day on which this Order comes into force.

(2) In the Schedule to this Order, a reference to the acreage of a field shall be construed by reference to the 1926 and 1927 revisions of the Ordnance Survey 25-inches to the mile plans LXXIV 2, 5, 6 and 14 of County Cork.

Extension of city boundary.

4. (1) On and after the commencement of this Order the added area 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.

(2) Any building through which or through any part of which the boundary of the City as extended by this Order shall pass shall be deemed to be within such boundary.

Preparation of official maps.

5. (1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in triplicate a map drawn to such convenient scale and in such convenient number of separate sheets as shall be approved by the Minister showing in manner approved by the Minister the added area and the City, and shall seal each of such maps and shall deposit one of such maps in the principal office of the said Commissioner, the offices of the Corporation and the offices of the County Council respectively.

(2) The said maps when so deposited in the said offices of the said Commissioner, the Corporation and County Council 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, the Corporation and the County Council 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 and of the County Council 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 boundary (so far as the same is shown on such copy) of the added area, 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.

Financial adjustments between County Council and Corporation.

6. (1) The County Council and the Corporation may, from time to time as occasion requires, make by mutual agreement an equitable adjustment (in this article referred to as an agreed adjustment) in regard to any matter or thing requiring to be adjusted between the County Council and the Corporation in consequence of the inclusion of the added area in the City and not otherwise provided for by this Order and in particular may make such agreed adjustment in regard to property, whether real or personal (including choses-in-action), vested in or belonging to or held in trust for the County Council, and wholly or partly situate in or relating to the added area or any particular portion thereof and in regard to debts and liabilities (including mortgage debts, charges created by statute, accruing and prospective liabilities and unliquidated liabilities arising from torts or breaches of contract) due and unpaid or incurred and undischarged by the County Council and relating wholly or in part to the added area or any particular portion thereof.

(2) An agreed adjustment in relation to property may provide for the retention of such property by the County Council or for the transfer of such property to the Corporation or for the joint user of such property by the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, by or to the County Council to or by the Corporation on account of the retention, transfer, or joint user of such property.

(3) An agreed adjustment in relation to any debt or other liability may provide for the whole of such debt or liability being borne by the County Council or for the whole of such debt or liability being borne by the Corporation or (except in the case of mortgage debts) for the apportionment of the liability for such debt or liability between the County Council and the Corporation and may also provide for the payment of money, in one or more than one instalment, to or by the County Council by or to the Corporation in respect of such debt or liability.

(4) An agreed adjustment may provide for the payment by the Corporation to the County Council in one or more than one instalment or by way of annuity of a sum in respect of the increase (if any) of burden which will properly be thrown on the ratepayers of the County in meeting the cost incurred by the County Council in the execution of any of their powers and duties as a consequence of the extension of the boundary of the City by this Order, but in the fixing of the amount of any such sum and the method of payment thereof the following provisions shall be observed:

(a) regard shall be had to the difference between the burden on the ratepayers of the County which will properly be incurred by the County Council in meeting the cost of executing any of their powers and duties and the burden on such ratepayers which would properly have been incurred if the boundary of the City had not been extended by this Order;

(b) regard shall also be had to the length of time during which such increase of burden may be expected to continue;

(c) if such sum is made payable in one instalment the amount thereof shall not exceed ten times the average annual amount of such increase of burden;

(d) if such sum is made payable in two or more than two instalments or by way of annuity, the capitalised value of such instalments or annuity shall not exceed ten times the average annual amount of such increase of burden.

(5) Whenever the County Council and the Corporation fail to agree upon an equitable adjustment of any matter or thing which could be the subject of an agreed adjustment under this article, the Minister shall, upon the request of either the County Council or the Corporation, make an equitable adjustment (in this article referred to as a compulsory adjustment) of such matter or thing and may by such adjustment make any provision in relation to such matter or thing which could under this article have been made by an agreed adjustment.

(6) Every agreed adjustment and every compulsory adjustment shall have effect according to the terms thereof and shall be final and conclusive and shall be enforced by the Corporation and the County Council respectively against the other of them accordingly.

Resolutions, etc. relating to the added area.

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

Jurors books in the city and county.

8. The following provision shall have effect in the City and the County in relation to the preparation of jurors books, the preparation of panels of jurors, and the summoning of jurors, and in relation to the panels from which jurors are to be drawn for the trial of issues by a Court or a Judge sitting in the City or the County:—

(a) until the jurors book in force in the City or the jurors book in force in the County (including the added area) on the commencement of this Order becomes exhausted, the law in force immediately before the commencement of this Order shall continue in force and be observed as if this Order had not become operative, and

(b) when one of the said jurors books becomes exhausted after the commencement of this Order, the other of the said jurors books shall be deemed to have become exhausted and new jurors books shall forthwith come into force in the City and the County.

Special provision for the purposes of the Valuation Acts.

9. For the purposes of the Valuation Acts the revised valuation list received by the County Council from the Commissioner of Valuation last before the commencement of this Order shall, in so far as it relates to the added area, be deemed to have been sent to the Corporation.

Adjustment of agricultural grant.

10. (1) The portion of the agricultural grant payable to the Corporation under section 50 of the Local Government (Ireland) Act, 1898, shall be £360 instead of the sum mentioned in the said section 50.

(2) The sum of £226,740 stated in the second column of the Schedule to the Rates on Agricultural Land (Relief) Act, 1939 (No. 23 of 1939) as being payable to the County Council shall for the purposes of the application of the said Schedule to the agricultural grant be reduced by the sum of £360 to £226,380.

Area of jurisdiction of coroner of South County Cork.

11. So long as the person who at the commencement of this Order holds the office of coroner of South County Cork continues to hold that office, his area of jurisdiction shall continue as if this Order had not come into force but, upon his ceasing by death or otherwise to hold that office, so much of that area as is included in the City by this Order shall be detached from the area of jurisdiction of the coroner of South County Cork and be added to and thenceforward included in the area of jurisdiction of the coroner of the City.

Area of jurisdiction of sheriff of County Cork.

12. So long as the person who at the commencement of this Order holds the office of sheriff of the County continues to hold that office, his area of jurisdiction shall continue as if this Order had not come into force but, upon his ceasing by death or otherwise to hold that office, so much of that area as is included in the City by this Order shall be detached from the area of jurisdiction of the sheriff of the County and added to and thenceforward included in the area of jurisdiction of the sheriff of the city.

Saving from disqualification of members of County Council in certain cases.

13. A member of the County Council who ceases to be a local government elector in the County in consequence of the inclusion of the added area in the City shall not, by reason only of such cesser, be disqualified from continuing to hold office as a member of the Council until the ordinary day of retirement of the member of the County Council after the election of the members of the County Council held next after the commencement of this Order.

Provisions relating to the register of electors.

14. In the register of electors for the County which came into force on the 15th day of April next before the commencement of this Order, the added area shall be shown separately in such manner as shall be directed by the Minister.

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GIVEN under the Official Seal of the Minister for Local Government this Ninth day of December, One Thousand Nine Hundred and Fifty-four.

PATRICK O'DONNELL,

Minister for Local Government.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

1. That part of the County situated between the existing boundary and a line drawn as follows:—

Starting at the point where the existing boundary intersects the centre line of Commons Road, thence in a westerly direction in a straight line to the nearest point of the southern face of the northern fence of Fairfield Lane, thence in a westerly direction along the southern face of the said fence to its junction with the western face of the wall which forms the eastern boundary of the Fair Green, thence in a northerly direction along the western face of the said wall to its junction with the southern face of the northern wall of the Fair Green, thence in a westerly direction along the southern face of the last mentioned wall to its termination at the mouth of the lane between the 5·538 acres and ·711 acres fields in Commons Townland, thence in a westerly direction in a straight line to the nearest point on the southern face of the continuation of the northern wall of the Fair Green, thence successively in westerly, southerly and westerly directions along the Fair Green face of the said wall to its junction with the eastern wall of Fair Hill, thence due west in a straight line to the eastern boundary of Gurranebraher Townland, thence in a south-westerly direction in a straight line to the north-eastern corner of the building which is situated in the north-eastern corner of the ·451 acres field in Gurranebraher Townland, thence in a westerly direction along the northern face of the northern wall of the said building, thence in a westerly direction along the northern face of the northern wall of the said last-mentioned field and continuing in a westerly direction along the northern face of the northern wall of the 4·574 acres field in Gurranebraher Townland to its junction with the centre line of the western fence of the last mentioned field, thence in a southerly direction along the centre of the western fence of the last-mentioned field to its junction with the centre line of the northern fence of the 11·266 acres field in the same Townland, thence successively in westerly, north-westerly and westerly directions along the centre line of the northern fences of the last-mentioned field, the 5·748 acres field and the 5·036 acres field in Gurranebraher Townland to its junction with the centre line of the western fence of the last-mentioned field, thence in a southerly direction along the centre line of the western fence of the said last-mentioned field to its intersection by the centre line of the northern fence of the 5·598 acres field in the same Townland, thence successively in a westerly direction and a southerly direction along the centre line of the northern and western fences of the last-mentioned field, to its junction with the centre line of the northern fence of the 9·451 acres field in the same Townland, thence in a westerly direction along the centre lines of the northern fences of the last-mentioned field and of the 9·759 acres field in the same Townland and along the imaginary westerly projection of the centre line of the last-mentioned fence to meet the western boundary of Gurranebraher Townland, thence along the western boundary of the latter Townland in a south-easterly direction to its intersection by the centre line of the southern fence of the 10·820 acres field in Knocknaheeny Townland, thence in a westerly direction along the centre line of the southern fence of the last-mentioned field to its intersection by the imaginary northerly projection of the eastern face of the eastern boundary wall of the Orthopaedic Hospital, thence in a southerly direction along the said imaginary projection and along the eastern face of the said wall and along its imaginary southerly projection to its intersection by the northern face of the southern fence of the back avenue leading to the Presentation Brothers Training College, thence in an easterly direction along the northern face of the last-mentioned fence to its junction with the centre line of the wall forming the boundary between Baker's Road and the field occupied by Mrs. Bridget Murphy, thence in a south-easterly direction along the centre line of the last-mentioned wall to its intersection by the imaginary south-westerly projection of the centre line of the fence which forms the boundary between the premises respectively known as Valuation Lot No. 31 and Valuation Lot No. 33, Bakers Road, thence in a north-easterly direction along the said imaginary projection to its intersection by the western boundary of Knocknabohilly Townland, thence in a southerly direction along the boundary of the said Townland to its intersection with the existing boundary.

2. That part of the County situated between the existing boundary and a line drawn as follows:—

Starting at the intersection of the existing boundary with the southern face of the rear wall of the terrace of houses facing College Road known as Elder Wood, thence in a westerly direction along the southern face of the last-mentioned wall to its junction with the eastern face of the eastern boundary wall of the front gardens of the terrace of fifteen houses included in Westbourne Park, thence in a southerly direction along the said eastern face and along its imaginary southerly projection to its intersection by the southern boundary of Gurteenaspig Townland, thence in an easterly direction along the southern boundary of the last-mentioned Townland to meet the existing boundary.

3. That part of the County situated between the existing boundary and a line drawn as follows:—

Starting at the intersection of the existing boundary with the Lough-side face of the wall bounding on the west the land surrounding Cork Lough, thence in westerly, south-westerly, southerly and south-westerly directions along the Lough-side face of the last-mentioned wall and of the fences which successively form the western boundary of the land surrounding Cork Lough (bridging the gaps in the said wall and fence at the Lough end of a lane, of Hartlands Road and of St. Finbarr's Park respectively, by (in each case) a straight line between the points at which the Lough-side face of the said wall and fence is terminated on either side of each gap) to the point nearest the intersection of the imaginary north-westerly projection of the centre line of Glendalough Park by the imaginary north-easterly projection of the centre line of Brookfield Park, thence in a southerly direction in a straight line to the said last-mentioned point of intersection, thence in a south-easterly direction along the imaginary north-westerly projection of the centre line and along the centre line of Glendalough Park along its imaginary easterly projection to its intersection by the centre of Lough Road, thence in a south-westerly direction along the centre line of Lough Road until it meets the western boundary of Killeenreendowney Townland, thence successively in southerly, easterly and southerly directions along the said western boundary to its intersection by the centre line of the fence which forms the southern boundary of the 2·941 acres field in Killeenreendowney Townland, thence in an easterly direction along the centre line of the last-mentioned fence and continuing in easterly and southerly directions along the boundary of the Townland ofFreagh and Vicars Acre and in southerly and easterly directions along the boundary of Ballyphehane Townland to its intersection at Tramore Bridge by the centre line of a road, thence in a northerly direction along the centre line of the said road and of its continuation, called Curragh Road, to its junction with the existing boundary.

4. That part of the County situated between the existing boundary and a line drawn as follows:—

Starting at the intersection of the existing boundary with the boundary between the Townlands of Raheen, Cooleen and the eastern part of the part of the Townland of Spital-lands which is outside the existing boundary, thence in a south-easterly direction along the north-eastern boundary of the last-mentioned Townland to its intersection at Douglas Road South by the centre line of the Cork to Bantry Branch Railway Line of Córas Iompair Éireann, thence in a northerly direction along the centre line of the said railway line to its intersection by the existing boundary.