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Rathdown No. 1 Waterworks Provisional Order (Confirmation) Act, 1923

1923 22

No. 22/1923:

RATHDOWN No. 1 WATERWORKS PROVISIONAL ORDER (CONFIRMATION) ACT, 1923

ARRANGEMENT OF SECTIONS

SCHEDULE

SCHEDULE

AN ACT TO CONFIRM THE RATHDOWN No. 1 WATERWORKS PROVISIONAL ORDER.

[16th July, 1923.]

WHEREAS the Minister for Local Government has made the Provisional Order set out in the Schedule to this Act, under the Public Health (Ireland) Acts, 1878 to 1907, as adapted by the Adaptation of Enactments Act, 1922 :

AND WHEREAS it is requisite that the said Provisional Order should be confirmed by the Oireachtas:

AND WHEREAS copies of the plans, in the said Provisional Order and hereinafter referred to as "the deposited plans" sealed with the seal of the Minister for Local Government have been laid before both Houses of the Oireachtas prior to the passing hereof:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—The Provisional Order set out in the Schedule hereto is hereby confirmed and all the provisions thereof shall have full validity and force.

2.—Copies of the deposited plans sealed with the seal of the Minister for Local Government shall be received in evidence and shall be deemed to be true copies of the deposited plans unless the contrary is shown.

3.—This Act may be cited as the Rathdown No. 1 Waterworks Provisional Order (Confirmation) Act, 1923 .

SCHEDULE

MINISTRY OF LOCAL GOVERNMENT.

PROVISIONAL ORDER to enable the Council of the Rural District of Rathdown No. 1 to put in force the Compulsory Clauses of the Lands Clauses Acts.

WHEREAS the Council of the Rural District of Rathdown No. 1 (in this Order referred to as "the District Council") require to purchase the lands, water and rights described in the Schedule hereto for the purpose of providing a supply of water to the townlands of Kiltiernan, Kiltiernan Domain, Kingstown, Brenanstown, Carrickmines Little, Ballyogan, Glebe (Kiltiernan), Jamestown, Kilgobbin, Newtown Little (E. D. Glencullen), Woodside, Murphystown, Balally, Carmanhall, Blackthorn, including the villages of Kiltiernan, Goldenball and Sandyford, in their district:

AND WHEREAS plans of the said lands, water and rights, hereinafter referred to as "the deposited plans," have been deposited with me the Minister for Local Government, and a copy of the deposited plan has been and is now deposited for public inspection at the office of the District Council:

NOW THEREFORE I, the Minister for Local Government, in pursuance of the powers given to me by Section 203 of the Public Health (Ireland) Act, 1878, as adapted by the Adaptation of Enactments Act, 1922 , and of all other powers enabling me in that behalf do hereby order that from and after the date of the Act confirming this Order the following provisions shall have effect, namely:—

1. The District Council shall be empowered to put in force with reference to the lands, water and rights described in the Schedule hereto and for the purpose aforesaid the powers of the Lands Clauses Acts as amended by Section 8 of the Public Health (Ireland) Act, 1896, with respect to the purchase and taking of lands otherwise than by agreement or any of them.

2. For the purposes of this Order the expression "land" in the Lands Clauses Acts shall include the lands, water and rights described in the Schedule hereto.

3. The costs and expenses of the District Council and the Minister for Local Government incurred in respect of the application for preparation, making and confirmation of this Order shall be paid by the District Council and the money required for that purpose shall be supplied by the County Council of Dublin in the manner provided by the Local Government (Ireland) Act, 1898, as part of the expenses of the District Council.

4. This Order may be cited as "The Rathdown No. 1 Waterworks Order, 1923."

Given under my Seal of Office this Thirty-first day of May in the Year of our Lord One Thousand Nine Hundred and Twenty-three".

EARNÁN DE BLAGHD,

Aire um Rialtas Aitiúil.

SCHEDULE

COUNTY OF DUBLIN.

RURAL DISTRICT COUNCIL OF RATHDOWN No. 1

PARISH OF KILTIERNAN AND TOWNLAND OF KILTIERNAN DOMAIN.
No. on Plan Description of Land. Owners. Lessees. Occupiers.
1 Land containing 4 perches. Stream and bank thereof, and the right to divert, control, and utilise for the purpose of water supply the water flowing in same. E. P. Brennan. Mrs. Moore. Thomas Bishop
2 Land containing 1 rood 26 perches. Water-course and the banks thereof for conveyance of water, with all rights to improve or control the flow of water in same do. do. do.
3 Land containing 1 rood. Watercourse and bank thereof for conveyance of water, with all rights to improve or control the flow of water in same. do. do. do.
4 Land containing 12 perches, with drains, tanks and stream or water course thereon, and to acquire sole use of same. Reps. Mary Anderson Michael Byrne. Michael Byrne.
5 Land containing 23 perches, with pipe laid therein. The land to be used as a right-of-way and the pipe or drain to be utilised for the purpose of conveying water for water supply. do. do. do.
6 Land containing 5 perches, with pipe or drain therein. The land to be used as right-of-way and the pipe or drain to be utilised for the purpose of conveying water for water supply. Reps. Mary Anderson Michael Byrne Michael Byrne
7 Land containing 1 acre 24 perches, with pond thereon for constructing filters and tanks, and the right to utilise the pond for storage or settlement of water. do. do. do.
8 Land containing 2 roods 38 perches. Avenue, and the right to utilise same as right-of-way for access to filters, tanks and ponds described in No. 7. do. do. do.
Description of Land. Names of Persons being Owners, Lessees, or Occupiers of Land on or abutting on or adjoining the river or stream referred to in the first column
The right to take the water from Loughlinstown River, flowing through the townland of Kiltiernan Domain, numbered 1 on the deposited plans, also from the watercourse numbered 2 and 3, and the pipes, drains, conduits and tanks numbered 4, 5 and 6, and from the pond, being part of number 7, and to acquire the water rights of said river or stream, watercourse, tanks, drains or conduits and pond, all situate in the Townland of Kiltiernan Domain. George W. Ferguson, Thomas Bishop, E. P. Brennan, Mrs. Moore, Jas. Mooney, Colonel A. Kirkpatrick, Mrs. Brett, Philip Reilly (Goldenball), Philip Reilly (Kingstown), Michael Byrne, Reps. Mary Anderson, Charles S. Sutton, Alexander Frazer, Thomas Stevenson, George Cross, Thomas Cross, James Deering, George R. Russell, Archibald Gilchrist, Christopher Byrne, Mining Company of Ireland, Terence Byrne, Captain Poe, Mrs. C. O'Brien, Mrs. Maguire, Michael J. Reilly, Thomas Owens, Jeremiah Henly, Isaac Stevenson, Rathdown Board of Guardians, William Grehan, Andrew Smith, George Bower, Captain L. Riall, John Tyrrell, Patrick Field, Denis Byrne, Reps. of John T. Byrne, Peter Kennedy.

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