1 1945

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Number 1 (Private) of 1945.


DANIEL McGRATH FOUNDATION ACT, 1945.


ARRANGEMENT OF SECTIONS

Section

1.

Extinguishment of public right of way.

2.

Short title.

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Number 1 (Private) of 1945.


DANIEL McGRATH FOUNDATION ACT, 1945.


AN ACT TO CLOSE DETERMINE AND EXTINGUISH A PUBLIC RIGHT OF WAY AFFECTING THAT PART OF THE LANDS OF DUNLECKNY SITUATE AT MUINEBEAG IN THE COUNTY OF CARLOW INTENDED TO BE KNOWN AS THE McGRATH MEMORIAL SPORTS FIELD. [17th April, 1945.]

Preamble.

WHEREAS Daniel McGrath by his Will dated the 27th day of January, 1939, bequeathed three-fourths of his residuary Estate to be expended by his Executors and Trustees in such improvements in the town of Muinebeag (otherwise Bagenalstown) as should be approved by his Executors and Trustees and which would be for the benefit of the people of Muinebeag;

AND WHEREAS the said Daniel McGrath died on the 25th day of July, 1941, and Probate of his said Will was on the 5th day of November, 1941, granted forth of the Principal Probate Registry of the High Court of Justice to the Governor and Company of the Bank of Ireland of College Green, Dublin, and Edmond McGrath of 3, Bachelor's Walk, Dublin, Merchant, a brother of the deceased (hereinafter referred to as The Will Trustees) the two executors named in the said Will;

AND WHEREAS The Will Trustees applied to the High Court of Justice for the settlement of a Scheme for the administration of the Charitable Trusts created by the said Will, and on the 21st day of December, 1942, an Order was made by the Honourable Mr. Justice Gavan Duffy settling and approving of a Scheme to be known as the Daniel McGrath Foundation and entitled a “Scheme for the administration and regulation of the Charitable Trusts created by the Will of the above named Daniel McGrath in relation to the bequest of three-fourths of his Residuary Estate to be expended in improvements in the Town of Muinebeag—otherwise Bagenalstown—for the benefit of the people of Muinebeag—otherwise Bagenalstown”;

AND WHEREAS the amount of the Residuary Estate to be so expended was ascertained at £48,316: 17: 8 and under Clause 5 thereof certain local residents were appointed as the first McGrath Memorial Trustees to assist and advise The Will Trustees in the administration of the said Scheme;

AND WHEREAS by Clause 10 of the said Scheme The Will Trustees were directed, subject to the approval of the Court, and after consultation with the McGrath Memorial Trustees, to purchase, inter alia, a Sports Field for the use of the people of Muinebeag to be known as The McGrath Memorial Sports Field; and a sum of £6,039: 12: 3 was allocated for the purchase and equipment of the Sports Field;

AND WHEREAS The Will Trustees on the 8th day of February, 1944, entered into a Contract conditional on the approval of the Court being obtained to purchase as a Sports Field part of the Townland of Dunleckny containing 23 acres 1 rood statute measure situate in the Parish of Dunleckny, Electoral Division of Muinebeag Urban, Barony of Idrone East and County of Carlow bounded on the north-west by the Carlow Road and on the southwest and south-east by the grounds of Bagenalstown House (hereinafter referred to as the Dunleckny Manor Site) subject to all rights of way, easements or other rights affecting the same;

AND WHEREAS the Dunleckny Manor Site is subject to a public right of way between the Carlow Road and the gateway leading into the grounds of Bagenalstown House;

AND WHEREAS the continuance of the said right of way would seriously interfere with the user of the Dunleckny Manor Site as a Sports Field for the purposes of the said Scheme;

AND WHEREAS by Order of the Honourable Mr. Justice Gavan Duffy dated the 27th day of March, 1944, and made in the matter of the said Charitable Legacy and in the matter of the Charities Procedure Act, 1812, 52nd George III, Cap. 101, liberty was given to The Will Trustees to promote a Bill for an Act in the Oireachtas for the closing and extinguishment of the said right of way;

AND WHEREAS in order that the Dunleckny Manor Site may be made available as a Sports Field for the purposes of the said Scheme, it is expedient that the said right of way should be closed, determined and extinguished;

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Extinguishment of public right of way.

1. From and after the date upon which the Will Trustees of the Daniel McGrath Foundation become the registered owners of that part of the Townland of Dunleckny containing 23 acres 1 rood statute measure or thereabouts situate in the Parish of Dunleckny, Electoral Division of Muinebeag Urban, Barony of Idrone East and County of Carlow bounded on the north-west by the Carlow Road and on the south-west and south-east by the grounds of Bagenalstown House, which lands are intended to be known as The McGrath Memorial Sports Field, the public right of way over the said lands between the Carlow Road and the gateway leading into the grounds of Bagenalstown House shall be closed, determined and extinguished.

Short title.

2. This Act may be cited as the Daniel McGrath Foundation Act, 1945.