Next (AN CHEAD SCEIDEAL. FIRST SCHEDULE. An Comhaontu. The Agreement.)

33 1945

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Number 33 of 1945.


JOHNSTOWN CASTLE AGRICULTURAL COLLEGE ACT, 1945.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Acceptance of gift.

3.

Establishment and maintenance of agricultural college on Estate.

4.

Validation of release of Estate from jointure rent charge.

5.

Provisions in relation to Gate Lodge at Rathaspick.

6.

Preservation of gardens, etc., of the Estate.

7.

Sporting rights over the Estate.

8.

Rights of way over the Estate.

9.

Exemption from stamp duty.

10.

Exemption from estate duty.

11.

Expenses.

12.

Short title.

FIRST SCHEDULE.

SECOND SCHEDULE.

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Number 33 of 1945.


JOHNSTOWN CASTLE AGRICULTURAL COLLEGE ACT, 1945.


AN ACT TO ACCEPT THE GIFT OF THE JOHNSTOWN CASTLE ESTATE TO THE NATION AS A LAY AGRICULTURAL COLLEGE, TO AUTHORISE THE DOING OF ALL ACTS NECESSARY FOR THE COMPLETION OF THE GIFT AND THE CARRYING OUT OF THE TERMS THEREOF, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [17th October, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1. —In this Act—

the expression “the Agreement” means the Agreement a copy whereof is set forth in the First Schedule to this Act;

the expression “the Conveyance” means the indenture a copy whereof is set forth in the Second Schedule to this Act, which has been executed as an escrow and is intended to be delivered as the deed of the parties thereto of the first and second parts as soon as may be after the passing of this Act;

the expression “the Estate” means the property commonly known as Johnstown Castle and Demesne and described in the Schedule to the Conveyance;

the expression “the Minister” means the Minister for Agriculture;

the expression “the scheduled documents” means the Agreement and the Conveyance.

Acceptance of gift.

2. —The generous gift by Dorothy Violet Jefferies and Maurice Victor Lakin of the property commonly known as Johnstown Castle and Demesne (in this Act referred to as the Estate) to the Nation for the purposes of a lay agricultural college, which is intended to be effected by the scheduled documents, is hereby gratefully accepted, and accordingly—

(a) the Agreement is hereby approved of and the Minister may carry out the provisions of clause 10 (c) thereof, and

(b) the Minister may execute the Conveyance and take and hold, in accordance with this Act, the Estate thereby conveyed to him.

Establishment and maintenance of agricultural college on Estate.

3. —(1) As soon as conveniently may be after the passing of this Act, the Minister shall establish on the Estate a lay agricultural college and may for that purpose do all such things as he considers necessary.

(2) The college established under this section shall be named the Johnstown Castle Agricultural College, and the said name shall not be changed.

Validation of release of Estate from jointure rent charge.

4. —The release of the Estate from the jointure rent charge of six hundred pounds per annum limited to Dorothy Violet Jefferies, which is intended to be effected by the Conveyance, shall be valid notwithstanding that she is restrained from anticipating the said rent charge.

Provisions in relation to Gate Lodge at Rathaspick.

5. —(1) The Gate Lodge (in this section referred to as the said Gate Lodge) at Rathaspick on the Estate shall be maintained in perpetuity as a residence for the District Jubilee Nurse for the time being (in this section referred to as the said Nurse) at Rathaspick.

(2) The said Nurse shall be entitled to reside in the said Gate Lodge free of rent.

(3) The said Gate Lodge shall, while occupied by the said Nurse, be exempt from assessment for poor rate and for any other rate made by a local authority.

Preservation of gardens, etc., of the Estate.

6. —The ornamental nature of the gardens and pleasure grounds of the Estate shall not be altered and the ornamental timber thereon shall not be felled or cut save in the ordinary course of management.

Sporting rights over the Estate.

7. —The rights of shooting, fishing, fowling and sporting reserved by the Conveyance to Maurice Victor Lakin and his heirs are hereby declared to be reserved as personal rights for the use and enjoyment of the said Maurice Victor Lakin and his said heirs with his and their guests only and the said rights shall not be capable of being assigned or sublet to any person.

Rights of way over the Estate.

8. —The ways over which rights of way are reserved by the Conveyance to Dorothy Violet Jefferies and Maurice Victor Lakin and their respective heirs and servants from the public highway to the Family Private Burial Ground shall be preserved and maintained in perpetuity by the Minister.

Exemption from stamp duty.

9. —No stamp duty shall be payable on either of the scheduled documents or on any instrument which bears date subsequent to the date of the passing of this Act and is necessary to give effect to either of the scheduled documents.

Exemption from estate duty.

10. —Estate duty shall not be chargeable in respect of the Estate in the event of the death of Dorothy Violet Jefferies or Maurice Victor Lakin or both of them within three years after the date of the execution of the Conveyance.

Expenses.

11. —The expenses incurred by the Minister in the administration of this Act, including in particular the moneys payable by the Minister under clause 10 (c) of the Agreement and the expenses incurred by the Minister in and about the preparation and execution of the scheduled documents, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

12. —This Act may be cited as the Johnstown Castle Agricultural College Act, 1945.