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(Amendment) Bill, 1947

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(Amendment) Bill, 1947 EIRE;> AN BILLE TOGHCHAIN (LEASU), 1947. ELECTORAL (AMENDMENT) BILL, 1947. Mar do ritheadh ag dhd Thigh an Oireachtais. .As passed-by both Houses of the Oireachtas. ARRANGEMENT OF SECTIONS Section. 1. Definitions. 2. Number of members of Dail Eireann. 3. Constituencies. 4. Number of members to be returned by Constituency. 5. Re-election of outgoing Ceann Comhairle. 6. Title-page of electors list, etc. 7. Returning officers and assistant returning officers. 8. Repeals. 9. Commencement. 10. Short title, construction and collective citation. FIRST SCHEDULE Constituencies SECOND SCHEDULE Enactments R epealed EIRE AN BILLE TOGHCHAIN (LEASU), 1947. ELECTORAL (AMENDMENT) BILL, 1947. BILL entitled AN ACT TO FIX THE NUMBER OF MEMBERS OF DAIL i> EIREANN AND TO REVISE THEIR CONSTITUENCIES AND TO AMEND THE LAW RELATING TO THE ELECTION OF SUCH MEMBERS. ' BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS Definitions. 1. -—In this Act— 10 the expression “ the Minister ” means the Minister for Local Government; the expression “ the Principal Act ” means the Electoral Act, 1923 (No. 12 of 1923). Number of 2. —Dail Eireann shall consist of One Hundred and Forty-seven 1® members of members. Da U Eireann. Constituencies. 3. —(1) The members of Dail Eireann shall represent the con­ stituencies specified in the First Schedule to this Act. (2) A constituency specified in Part I of the First Schedule to this Act shall be a borough constituency and a constituency speci- 20 fied in Part II thereof shall be a county constituency. (3) An area specified in the First Schedide to this Act shall be taken to be that area as constituted* on the 1st day of January, 1947, but if any doubt arises as to the constituency in which any townland or area smaller than a townland is included, the doubt 26 shall be determined by the Minister. (4) In the First Schedule to the Act— (а) a reference to a line drawn along any road, street or rail ­ way shall, save where the context otherwise requires, be construed as a reference to a line drawm along the 30 middle of the road, street or railway, (б) a reference to a point at which any road or street intersects, cuts, meets, joins, crosses, reaches, leaves or departs from any road or street shall, save v'here the context otherwise requires, be construed as a reference to the 35 point at which a line drawn along the middle of the one and a line drawn along the middle of the other would intersect when prolonged. Number of 4. —A constituency specified in the First Schedule to this Act members to l>d shall return the number of members set out in respect thereof in 40 returned by the third column of that Schedule. constituency. Re-election a£ 5. —For the purposes of paragraph (b) of section 3 of the outgoing Cetum Electoral (Chairman of Dail Eireann) Act, 1937 (No. 25 of 1937), Combairle. the constituency of South Galway specified in the First Schedule to this Act is hereby declared to correspond to the constituency of 45 East Galway specified in the Schedule to the Electoral (Revision of Constituencies) Act, 1935 (No. 5 of 1935). Title page of 6. —(1) The title page of every electors list, list of claimants, list electors lists, of objections and register of electors, prepared under the First etc. Schedule to the Principal Act after the passing of this Act and 50 before the dissolution of the Oireachtas which next occurs after such 2 passing, for a registration unit* in a constituency existing at the passing of this Act which is not identical in area and name with a constituency specified in the First Schedule to this Act, shall show the name of the constituency specified in the First Schedule to this 5 Act in which such registration unit will be situate as well as the name of the said existing constituency in which it Is situate at the passing of this Act. (2) Where a constituency existing at the passing of this Act is not identical in area and name with a constituency specified in the 10 First Schedule to this Act, a postal voters list shall be prepared in respect of the constituency as soon as may be after the passing of this Act and such list shall be in alphabetical order of names and be numbered consecutively. (3) This section shall come into operation on the passing of this 15 Act. 7. —(1) The returning officer for a constituency specified in the Returning First Schedule to this Act shall be— officers and (o) in case the whole of the constituency is situate in a county returning or county borough for which there is a sheriff—the officers. 20 sheriff, (6) in case the whole of the constituency is situate in a county for which there is an undersheriff—the undersheriff, (c) in case part of the constituency is situate in a county borough and part in a county and there is a sheriff or 26 undersheriff for the county borough and a sheriff or undersheriff for the county—either the sheriff or under­ sheriff for the county borough or the sheriff or upder- sheriff for the county as the Minister by order appoints from time to time, 30 (d) in any other case —the county registrar or, where part of the constituency has one county registrar and part another county registrar, such one of the county registrars as the Minister by order appoints from time to time. 35 (2) Notwithstanding subsection (1) of this section, the returning officer for the borough constituencies of Dublin South (East) and Dublin South (West) specified in the First Schedule to this Act shall, so long as the undersheriff at the passing of this Act for the county of Dublin continues to hold that office, be such undersheriff. 40 (3) A county registrar, sheriff or undersheriff for a county who is the returning officer for a constituency part of which is situate in such county and the other part of which is situate in another county or a county borough, or a county registrar, sheriff or undersheriff for a county borough who is the returning officer for a constituency part of which is situate in such county borough and the other * part in a county, may appoint the appropriate officer, and shall appoint him if he so requires, to be assistant returning officer for such other part of the constituency. In this subsection, the expression “ the appropriate officer ” 50 means— (a) in case there is a sheriff or undersheriff for such other part of the constituency—that sheriff or undersheriff, (b) in any other case —the county registrar for such other part of the constituency. 55 (4) The duties of an assistant returning officer shall be the per­ formance, in the part of a constituency for which he was appointed, of such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person, but if any doubt arises as to the duties of an assistant returning officer, the 60 doubt shall be determined by the Minister. 8. —The enactments specified in the Second Schedule to this Act Rspeab. are hereby repealed to the extent set out in the third column of that Schedule. 9. —Save as otherwise provided by this Act, this Act shall come Commencement. 65 into operation on the dissolution of Dail fiireann which next occurs after the passing of this Act. 3 Short title, 10. —(1) This Act may be cited as the Electoral (Amendment) construction Act, 1947. and collective (2) The Electoral Acts, 1923 to 1946, and this Act shall be con­ citation. strued together as one Act. (3) The Electoral Acts, 1923 to 1946, and this Act may be cited 5 together as the Electoral Acts, 1923 to 1947. FIRST SCHEDULE Constituencies , part I. Borough Constituencies. Number Name Area of Members Cork ................ The County Borough of Cork and the Five District Electoral Divisions of Bishops- town, Blackrock and St. Mary’s in the administrative county of Cork. Dublin North (East) The Ballybough, Clontarf East, Clontarf Five West, Drumcondra North, Drumcondra South, North Dock and Raheny Wards, and the portion of the Mountjoy Ward lying south of a line drawn as follows : Commencing at a point where the middle of Summerhill meets the ward boundary, thence along Summerhill to Hutton’s Place, thence along Hutton’s Place, Mountjoy Place, Mountjoy Square East and Belvedere Place to the ward boundary: and the portion of the administrative county of Dublin which lies to the east of a line drawn as follows :—commencing at the point on t the boundary of that county where Killester Avenue meets Malahide Road and thence in a south-westerly direction along Malahide Road to the boundary of that county. Dublin North The Glasnevin, Inn’s Quay, North City Three (Central). and Rotunda Wards, the portion of the Mountjoy Ward, not included in the Borough Constituency of Dublin North (East) and the portion of the Cabragh East Ward bounded by a line drawn as follows :—Commencing at the point where the Cabra Road meets the North Circular Road thence westerly along Cabra Ro^d to St. Peter’s Road, thence northerly along and to the end of St. Peter’s Road, thence in a straight line to the nearest point on the eastern side of the carriageway at Shandon Road, thence northerly along and to the end of the said side of the said carriageway, thence in a straight line to the canal, thence along the canal to the ward boundary at Liffey Junction, thence to the boundary of the Glasnevin Ward, thence southerly along 1 he boundary of the Cabragh East Ward to the middle of the North Circular Road and thence westerly to the point first mentioned.
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