[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/bsa1854273.txt

[New search] [Help]

BOUNDARY SURVEY (IRELAND) ACT 1854

BOUNDARY SURVEY (IRELAND) ACT 1854 - LONG TITLE

An Act to make further Provision for defining the Boundaries of
Counties, Baronies, Half Baronies, Parishes, Town Lands, and other
Divisions and Denominations of Land in Ireland for public
Purposes.{1}
[2nd June 1854]
Preamble rep. by SLR 1892

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 1
Appointment of persons to ascertain boundaries of counties, baronies,
parishes, &c.

1. It shall and may be lawful for the Lord Lieutenant at any time
or times, and from time to time, as to him shall seem fitting and
expedient, to nominate any one or more persons to ascertain and
mark out any such alterations in the reputed boundaries of all and
every or any county, barony, half barony, parish, townland, or other
division or denomination of land, by what name soever any such
division or denomination shall or may be known or called, in any
and every part of Ireland; and the Lord Lieutenant may from time
to time remove such person or persons, and upon the removal,
resignation, or death of any such person or persons so appointed
shall and may nominate any other person in the place or stead of
the person so dying, resigning, or removed.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 2
Boundary surveyors may appoint assistant surveyors, &c.

2. Every person so from time to time to be appointed shall be
called the "Boundary Surveyor," and it shall and may be lawful for
every such boundary surveyor to appoint and employ such surveyors
and other persons as he may deem necessary to assist him in
carrying this Act into execution, and from time to time to
discharge and remove such persons or any of them, and to appoint
other persons in their stead: Provided nevertheless, that the
appointment or removal of any such surveyor or other person shall
not be valid or effectual until the same respectively shall have
been approved of by the Lord Lieutenant by writing under the hand
of the chief... secretary for the time being.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 3
Boundary surveyors to define and mark out boundaries where
alterations have taken place.

3. When the boundary surveyor for the time being shall find that
any change or alteration has taken place in the course of any
river, stream, or fence which had before formed the boundary of any
county, barony, parish, townland, or other division or denomination
of land, or in any part of such boundary, as marked out under the
said recited Act, or that any land has been reclaimed from the sea
or a tidal river or a lake, it shall be lawful for such boundary
surveyor to ascertain, define, and mark out the present acknowledged
or reputed boundaries of every such county, barony, half barony,
parish, townland, or other division or denomination of land, or of
such portion or portions thereof respectively as such boundary
surveyor may deem it necessary to ascertain, define, or mark out.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 4
Entry upon lands.

4. For the execution of the purposes of this Act, it shall and
may be lawful for any surveyor appointed under this Act, and for
any other person acting in aid or under the orders of such
surveyor, and for any officer or person appointed by or acting
under the orders of the Master General and Board of Ordnance, and
they are hereby respectively authorized and empowered, from time to
time to enter into and upon any land or ground of any person or
persons whomsoever, for the purpose of making and carrying on any
survey authorized by this Act, or by the order of the Master
General and Board of Ordnance, and for the purpose of fixing any
object to be used in the survey, or any post, stone, or boundary
mark whatsoever, and to fix and place any such object, post, stone,
or boundary mark whatsoever in the land or ground, or upon any
wall, tree, or post in the land or ground, of any person or
persons whomsoever, and to dig up any ground for the purpose of
fixing any such object, post, stone, or boundary mark, and also to
enter upon any lands or grounds through which any such surveyor
shall deem it necessary and proper to carry any boundary line for
the purposes of this Act, at any time or times whatever: Provided
always, that such surveyor and his assistants and workmen shall do
as little damage as may be in the execution of the several powers
to them granted by this Act.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 5
Marking of ascertained boundaries.

5. When it shall appear to such boundary surveyor that the boundary
or portion of the boundary (as the case may be) of any county,
barony, half barony, parish, townland, or other division or
denomination of land is sufficiently ascertained, such boundary shall
be marked out by such boundary surveyor, or such other person or
persons as he shall appoint for that purpose, in such substantial
and durable manner as he or they shall think fit and necessary.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 6
Penalty for obstructing surveyors, &c.

6. If any person or persons shall wilfully obstruct or hinder any
surveyor in the execution of his duty in or about the ascertaining
and marking out of the boundaries of any county, barony, half
barony, townland, parish, or division, under the provisions of this
Act, or shall assault any such surveyor, or shall in any way
resist such surveyor in the performance of his duty under this Act,
or shall obstruct, hinder, assault, or resist any collector, or any
workman or other person acting in aid of any such surveyor in the
execution of this Act, every person so offending, and being thereof
convicted in manner herein-after mentioned, shall forfeit and pay a
sum not exceeding ten pounds and not less than two pounds, in the
discretion of the justice before whom such offender shall be
convicted.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 7
Penalty for removing boundary stones, &c.

7. If any person shall fill up any trench, or take away, remove,
or displace or alter the situation of any boundary stone, post, or
mark which shall be set up and placed for the purposes of this
Act,..., every person so offending, and being thereof convicted in
manner herein-after mentioned, shall forfeit and pay a sum not
exceeding ten pounds and not less than two pounds, in the
discretion of the justice before whom such offender shall be
convicted.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 8
Recovery of penalties.

8. All penalties imposed by this Act may be recovered before any
justice of the peace under the provisions of the Petty Sessions
(Ireland) Act, 1851.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 9
Appeal to quarter sessions against boundaries settled by surveyor.

9. If any person or persons interested in any such boundaries shall
be dissatisfied with or shall have any objection to any boundary
line or any part thereof, as marked out by any surveyor under the
provisions of this Act, it shall and may be lawful for such person
or persons to appeal to the justices of the peace at the next
general or quarter sessions....

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 10
Submission to county council of reports and maps of proposed
alterations.

10. In all cases in which it is proposed to make any alteration
of the boundary of any county or barony, the boundary surveyor
shall submit to the [county council] of such county for approval a
report setting forth the detail of the proposed alterations in such
boundaries, with the grounds for making the same, accompanied by a
map showing the boundary or boundaries as originally laid down on
the Ordnance plans of such county or barony; and in all cases of
alteration in the boundary between counties a report and explanatory
map shall be submitted for approval to the [county councils] of
both counties, and shall, after such approval, be fiated by the
judge of assize in each county at the same spring or summer
assizes, as the case may be, before any further proceedings take
place in regard to the alteration of such county boundary: Provided
always, that in case any appeal shall have been lodged to quarter
sessions against any such alterations, such report shall not be so
submitted until such appeal shall have been determined.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 11
Confirmation of proposed alterations in boundaries by the Lord
Lieutenant.

11. In all cases in which it is proposed to make an alteration in
any boundary from that heretofore laid down on the Ordnance plan of
any county, whether such alteration refers to the boundaries of
counties, baronies, parishes, townlands, or other denomination, the
boundary surveyor shall, with all convenient speed after such
alterations shall have been so fiated, prepare and make out a
report in detail of the proposed alteration in any of such
boundaries, with the grounds for making such alteration, accompanied
by a plan or plans showing in detail the original boundaries as
laid down on the Ordnance plans, and those which it is proposed to
substitute for them, and shall submit the same to the Lord
Lieutenant and Privy Council, who may, if he or they shall think
fit so to do, make order directing that the new boundary so marked
out by the boundary surveyor, or so altered by the justices on the
hearing of such appeal, (as the case may be,) or such portion or
portions of either of such boundary lines as such Lord Lieutenant
shall think proper, shall for all public purposes be and be deemed
and taken to be the boundary of or portions of the boundary, as
the case may be, of such county, barony, parish, townland, or other
division or denomination of land.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 12
Period from which alteration is to take effect, &c.

12. The said Lord Lieutenant in Council shall and may by every
such order as aforesaid fix and declare from what period the same
shall take effect, and settle and adjust all such matters in
respect to the right of voting at elections of members to serve in
Parliament by persons holding or occupying houses, lands, or
tenements in such county or barony, and for the alteration or
amendment of the lists or registers of electors accordingly, and in
respect of the assessment, applotment, and levy of [district rate
under the Rates (Northern Ireland) Order 1977] and all other rates
and assessments, and in respect of all other matters and things
proper or necessary to be settled and adjusted in consequence of
such order; and the order of the said Lord Lieutenant in Council
shall be conclusive and binding in law in respect of the several
matters and things therein contained; and every such order shall be
published in the [Belfast Gazette]; and a copy or copies of such
order, certified under the hand of the clerk of the said Council
shall be transmitted to the [chief clerk for each county court
division] to which such order shall in any way relate, to be by
him kept and preserved in his office, and exhibited at all
reasonable hours to any person or persons who may desire to inspect
the same, without fee or reward.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 13
Supplemental orders for removing doubts or settling disputes.

13. It shall be lawful for the said Lord Lieutenant in Council
from time to time, as occasion may require, to make any
supplemental order or orders for removing such doubts or settling
such disputes as may arise in consequence of the changes effected
by virtue of the provisions herein-before contained; and every such
supplemental order shall be published and transmitted to the [chief
clerk], to be by him preserved and exhibited for inspection, in
like manner as herein-before provided in respect of any original
order; and every such supplemental order shall have the same force
and effect as if it had formed part of any original order made
under the provisions of this Act.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 14
Orders not to affect the boundaries with respect to rights of
owners, &c.

14. No order made in pursuance of this Act shall in any way
affect the boundary or boundaries of any land with reference to any
right, title, claim, possession, or interest therein; nor shall the
description or denomination in any pleadings or proceedings, criminal
or civil, in any court of law or equity, pending or instituted
previous to the time limited for such order taking effect be in
any way vitiated or affected thereby; and in the case of any suit
or proceeding, criminal or civil, pending or instituted previous to
the time assigned in and by such order for the same taking effect,
such suit or proceeding shall and may be continued as if no such
order had been made, and without regard thereto, and the said order
shall in respect of such suit or proceeding, and any and every
matter relating thereto, be void and of none effect; and wherever
in any deed or instrument made previous to the time appointed for
such order taking effect any portion or portions of land shall have
been described or denominated by the name of the county, barony,
half barony, parish, townland, or other division or denomination of
land to which the same may have originally belonged, such portion
or portions of land shall be deemed and taken to have been
described or denominated by the name of the county, barony, half
barony, parish, townland, or other division or denomination of land
to which it shall be by such order united, as if such
last-mentioned county, barony, half barony, parish, townland, or other
division or denomination of land to which the same originally
belonged; and such portion or portions of land shall and may, in
all suits and proceedings at law or equity at any time afterwards
instituted, be described and denominated as belonging to the county,
barony, half barony, parish, townland, or other division or
denomination of land to which it shall be so united by such order.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 15
Remuneration of boundary surveyors, &c.

15. The boundary surveyor and every other surveyor or person who
shall be employed in the execution of this Act shall be entitled
to receive for his trouble and loss of time such sum and sums of
money and allowance for travelling and hotel expenses as shall be
fixed... and... paid by the Commissioners of Her Majesty's Treasury
at such times and under such regulations as shall be fixed by...
the said commissioners out of monies to be provided by Parliament
for that purpose.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 16
Interpretation.

16. In the construction of this Act the word "county" shall include
[county borough] and towns corporate;...; the word "parish" shall
include all chapelries or divisions of parishes, or extra-parochial
divisions, and all unions of parishes.

BOUNDARY SURVEY (IRELAND) ACT 1854 - SECT 17
Extent.

17. This Act shall extend to Ireland only.