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31 1932

BOURN VINCENT MEMORIAL PARK ACT, 1932

PART IV.

Custody and use of Chattels Personal.

Definition of “the said chattels.

18. —In this Part of this Act the expression “the said chattels” means all chattels personal acquired by the Minister under or in pursuance of the scheduled documents or any of them, and includes all produce of or accretions to such chattels and all chattels acquired by way of replacement of chattels sold, consumed in use, or damaged or destroyed.

Date of delivery of chattels and of commencement of this Part of this Act.

19. —The said chattels shall be delivered to and received by the Minister on the 31st day of December, 1932, or such later date (not being later than the 31st day of March, 1933) as shall be arranged between Senator Arthur Rose Vincent (named and described in the scheduled documents) and the Minister, and this Part of this Act shall come into operation immediately upon such delivery and receipt.

Performance and exercise of duties and powers of the Commissioners.

20. —The duties and powers imposed on or vested in the Commissioners in relation to the said chattels by this Part of this Act or otherwise shall be performed and exercised by the Commissioners subject to and in accordance with the general directions of the Minister.

Custody and management of the said chattels.

21. —(1) The custody of the said chattels shall be vested in the Commissioners and the said chattels shall, subject to the provisions of this section, be maintained, managed, and used by the Commissioners for such purposes, ancillary to the maintenance of the Park and the use thereof by the public as the Commissioners, with the sanction (either general or particular) of the Minister, shall think proper, or for any other purposes whatsoever which shall be particularly sanctioned by the Minister.

(2) The Commissioners shall have full power to do all such things in relation to the said chattels as they shall, with the sanction (either general or particular) of the Minister, consider to be necessary or proper for the due maintenance, management, and use of the said chattels in accordance with this section, including power to let or sell any of the said chattels in the ordinary course of management or, with the particular sanction of the Minister, to sell any of the said chattels absolutely, and power, with the sanction (either general or particular) of the Minister, to acquire chattels for the purpose of replacing any of the said chattels sold, consumed in use, or damaged or destroyed.

SCEIDEAL.

SCHEDULE.

Coipeanna de Scribhinni.

Copies of Documents.

PART I.

CUID I.

An Co-Aontu Tosaigh.

The Preliminary Agreement.

MEMORANDUM OF AGREEMENT made the Seventeenth day of November, One Thousand Nine Hundred and Thirty-two, BETWEEN ARTHUR ROSE VINCENT, of Muckross House, Muckross, in the County of Kerry, C.B.E., Senator Irish Free State (hereinafter called “the Settlor”), of the one part and the Minister for Finance in Saorstát Eireann (hereinafter sometimes for brevity referred to as “the Minister”) of the other part, WHEREAS the Settlor has agreed to purchase the Estate comprising the lands, tenements, hereditaments and premises described in Parts 1 and 2 of the Schedule hereto, subject as hereinafter is mentioned but otherwise free from incumbrances ; AND WHEREAS the Settlor has entered into the said Purchase Agreement with the object of presenting the said Estate to the Nation as a free gift in conjunction with William Bowers Bourn of Filoli House, San Mateo, California, and his wife, Agnes M. Bourn, and in the names of the Settlor and the said William Bowers Bourn and Agnes M. Bourn. AND WHEREAS the Settlor having informed the Executive Council of Saorstát Eireann of his desire to make the aforesaid gift requested it to accept same on behalf of the Nation, and the Executive Council having duly intimated its willingness to accept the gift IT WAS AGREED that the said Estate should be conveyed by the Settlor to the Minister, to be held by him on behalf of the State, and that the preliminary arrangements in relation thereto should be specified in writing in the form of an Agreement between the Settlor and the Minister (being this Agreement). NOW THESE PRESENTS WITNESS and IT IS HEREBY AGREED AND DECLARED by and between the parties hereto as follows:—

1.—THE SETTLOR in the name of the Settlor and in the name of the said William Bowers Bourn and Agnes M. Bourn and as a free gift to the Nation shall convey to the Minister the said lands, tenements, hereditaments and premises described in Parts 1 and 2 of the Schedule hereto, subject to the provisions hereinafter contained but otherwise free from incumbrances.

2.—THE PROPERTY will be conveyed subject as to the parts of the lands of Ardagh and Gortahoonig and the lands of Carrigafreaghane in the Schedule hereto mentioned to an apportioned Fee Farm Rent of eighty-three pounds and two pence and as to the said part of the lands of Ardagh in conjunction with other lands not the property of the Settlor to an apportioned Superior Fee Farm Rent of one hundred and fifty-three pounds thirteen shillings and four pence and to the exceptions, reservations, grantee's covenants and conditions contained in the respective Indentures reserving the said rents in so far as the same now affect the said lands or any of them and subject to the payment of a yearly rent of EIGHTEEN POUNDS to be paid in respect of the right to haul for salmon and trout on the shore of the said lands of Carrigafreaghane, and also subject as to such of the said lands, tenements, hereditaments and premises as are affected thereby to the leases and tenancies subsisting therein, and to the rights of certain tenant purchasers under the Land Acts and of the former tenants of the Right Honourable the Lord Ardilaun (a former owner of the property) to quarry and take limestone from a quarry situate on the lands of Cloghereen Lower, and of the Earl of Kenmare to quarry and take limestone from a quarry situate on the lands of Cloghereen Lower, and subject to any right the Urban District Council of Killarney may now have to lay a second six-inch pipe for the purpose of their water supply from the Torc River at the concrete pit about half a mile above the Torc Waterfall alongside their present six inch pipe through the said lands, tenements, hereditaments and premises, and subject as to all the said lands, tenements, hereditaments and premises to all rights of way existing over lands and lakes and also to all rights of fishing, burial, drainage, water and other easements (if any) affecting the same and whether the same are vested in public or in private persons, and to all rights of adjacent owners and to any liability to repair or contribute to the repair of roads, ways, passages, bridges, walls, fences, drains, pipes and other like matters but otherwise free from incumbrances.

3.—THE said Estate shall be henceforth known and described as “The Bourn-Vincent Memorial Park,” and the name shall not be changed.

4.—THE SETTLOR and the said William Bowers Bourn and Agnes M. Bourn, his wife (the father and mother of Maud C. Bourn Vincent hereinafter mentioned) or any of them shall have the right to erect in the Park a Monument in memory of the late Maud Chase Bourn Vincent, the wife of the Settlor, to be designed by an Artist on behalf of them or any of them and to be erected on a site to be selected by them or any of them or by such Artist and to bear an inscription as follows :—“In Memory of Maud Bourn Vincent, Born San Francisco, November 6th, 1883: Died, New York, February 12th, 1929,” or such other or additional inscription as may be appropriate, and the Estate shall be conveyed charged with the obligation to preserve and maintain the said Monument in perpetuity and to keep same at all times in good order, repair and condition.

5.—SUBJECT as aforesaid, the Estate shall be conveyed to the Minister free from all restrictions as to the user thereof.

6.—THE SETTLOR will convey to the Minister all his estate and interest in the said lands, tenements, hereditaments and premises. The title as to all the said hereditaments (other than the portion of the lands of Gortagullane known as Lacka Wood) shall commence with an Indenture dated the fourth day of August, one thousand nine hundred and eleven, made between the Right Honourable Arthur Edward Baron Ardilaun of the one part and the said William Bowers Bourn of the other part (being a Conveyance in fee simple on sale, subject as therein of the said hereditaments and premises firstly hereby agreed to be sold with others which have since that date been sold under the provisions of the Land Acts, 1923-1931, and being a Conveyance of all his the said Right Honourable Arthur Edward Baron Ardilaun's estate and interest in the hereditaments and premises secondly hereby agreed to be sold) and the title to the said lands of Gortagullane shall commence with an Indenture dated the Sixteenth day of February one thousand nine hundred and sixteen and made between the Right Honourable Valentine Charles, Earl of Kenmare, of the first part; The Right Honourable John Baron Revelstoke, The Right Honourable Cecil Baring and Greville Douglas of the second part, and the said William Bowers Bourn of the third part (being also a Conveyance in fee simple).

7.—THE CONVEYANCE to the Minister shall be in the form of the draft attached hereto with such alterations and amendments as may be mutually agreed and such Conveyance shall be engrossed on behalf of and at the expense of the Minister and be executed by the Settlor as soon as may be after the date hereof. The said Conveyance shall be executed in escrow and placed in the hands of Whitney Moore and Keller, Solicitors, Kildare Street, Dublin, to be delivered up to the Minister on completion as the Deed of the Settlor when the conditions of this Agreement have been complied with. The Minister shall, on completion, be also handed over all title deeds and documents relating to the Estate, save and except those which also relate to other property of the Settlor or other person and in respect of these all certified copies in the possession of the Settlor and certified copies of the Title Deeds retained by the Settlor will be furnished to the Minister.

8.—THE date fixed for completion shall be the Thirty-first day of December one thousand nine hundred and thirty-two (or such other date as may be mutually agreed between the parties) and upon completion the Minister shall be entitled to possession and receipt of the rents and profits as from the Thirty-first day of December, one thousand nine hundred and thirty-two, and shall be liable to all outgoings, including wages and salaries of Agent, Assistant Agent, servants and employees as from that date, such rents, profits and outgoings (whether the same be apportionable by law or not) to be apportioned if necessary. AND WHEREAS it is desirable that provision should be made in respect of certain matters incidental to the said gift which cannot be effected without Statutory Authority, but the Settlor does not desire, and it is not the intention and purpose of this Agreement, that the intended gift should be in any way conditional upon the matters hereinafter referred to, save and except the matters specified in Clauses (a) and (b). NOW IT IS HEREBY FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO that the Minister shall as soon as may be after the execution hereof seek the authority of the Oireachtas for the following:—

(a) THAT the Estate shall be maintained and managed as a National Park and shall be known and described as The Bourn Vincent Memorial Park, and that such name shall not be changed.

(b) THAT the Monument to be erected by the Settlor or the said William Bowers Bourn or the said Agnes Bourn, or any of them, shall be preserved and maintained in perpetuity at the expense of the State.

(c) THAT the Estate shall be taken over as a going concern and that the Minister or other person or body having the management and control of the Estate shall be authorised to retain (so far as they may be reasonably required) the services of the Agent and his Assistant and all gardeners, foresters, gamekeepers, gatekeepers and workmen numbering eighty-five employed on the Estate at the date of completion at rates of remuneration and on conditions of employment not less favourable than those enjoyed by similar employees in the service of the State.

(d) THAT the Minister be empowered to make a contribution not exceeding Five Hundred Pounds out of the public funds towards the costs and expenses incurred by the Settlor and the persons from whom the Settlor has agreed to purchase the Estate, such contribution to be of such amount as the Minister may be advised to be fair and reasonable.

(e) THAT all Deeds and instruments entered into and executed by the Settlor for the purpose of enabling him to effect this gift (including the Conveyance to the Settlor) shall be exempt from Stamp Duty and that any Stamp Duty paid by the Settlor in respect of same shall be refunded to him.

(f) THAT in the event of the death of the Settlor or the said William Bowers Bourn within three years of the execution of the Conveyance, the Estate shall be deemed not to be property passing upon the death of the Settlor or of the said William Bowers Bourn.

(g) SUCH other matters as may be necessary or desirable for the carrying out of this Agreement PROVIDED ALWAYS that this Agreement is conditional upon the acceptance of the said intended gift by the Oireachtas and the enactment of legislation to give effect to same within four months from the date hereof, and if no Act shall have been passed for the purpose aforesaid within such period (or such further period as the Settlor may in writing agree to) these PRESENTS and everything herein contained shall be void, and of no effect. IN WITNESS WHEREOF the Settlor has signed his name and affixed his Seal and the Minister has caused his Official Seal to be hereunto affixed, the day and year first herein written.

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