|An Chéad Lch.||Lch. Roimhe Seo (ACHT CHOLÁISTE TALMHAÍOCHTA CHAISLEÁN BHAILE SHEONACH, 1945)||Ar Aghaidh (AN DARA SCEIDEAL.)|
ACHT CHOLÁISTE TALMHAÍOCHTA CHAISLEÁN BHAILE SHEONACH, 1945
AN CHEAD SCEIDEAL.
MEMORANDUM OF AGREEMENT Made the 28th day of December One Thousand Nine Hundred and Forty-four BETWEEN DOROTHY VIOLET JEFFERIES of Carrigbyrne, Adamstown County Wexford Married Woman (hereinafter called “The Settlor”) and MAURICE VICTOR LAKIN of Horetown Foulksmills County Wexford Esquire of the One Part and THE MINISTER FOR AGRICULTURE (hereinafter for brevity referred to as “The Minister”) of the Other Part WHEREAS the lands tenements hereditaments and premises described in Parts I and II of the Schedule hereto formerly formed part of the Family Estates settled by the late Right Honourable Lady Adelaide Jane Frances FitzGerald by an Indenture of Settlement dated the tenth day of April One Thousand Eight Hundred and eighty and made between The Right Honorable Maurice FitzGerald (commonly called Lord Maurice FitzGerald) first part The said Right Honorable Lady Adelaide Jane Frances FitzGerald (then Forbes) of the second part George Arthur Hastings Earl of Granard of the third part The Honorable William Francis Forbes and Francis Rawdon Moira Crozier of the 4th part George Errington and Charles Robert Hamilton fifth part (being the Settlement executed on the marriage then intended and shortly afterwards solemnized between the said Lord Maurice FitzGerald and the said Lady Adelaide Jane Frances FitzGerald) AND WHEREAS there was issue of the said marriage one son only namely Gerald Hugh FitzGerald who attained twenty-one years and died on the thirteenth day of September One thousand nine hundred and fourteen AND WHEREAS in the events which have happened The Settlor became on the death of the said Right Honorable Lady Adelaide Jane Frances FitzGerald on the 18th day of November One thousand nine hundred and forty two and is now seised for an estate of inheritance in fee simple in possession of portions of All that and Those the lands tenements and hereditaments described in Part I of the Schedule hereto and of the Leasehold interest in All That and Those the lands tenements and hereditaments described in Part II of the Schedule hereto subject to the yearly rent of One pound twelve shillings and ten pence per annum and the said Maurice Victor Lakin is seised in fee simple in possession of the residue of the said lands tenements and hereditaments described in the said First Schedule hereto all being part of the lands tenements and hereditaments heretofore together known as Johnstown Castle and Demesne (hereinafter called “The Estate”) AND WHEREAS the said Maurice Victor Lakin is the surviving son of the late Kathleen Lakin daughter of the said Right Honorable Lady Adelaide Jane Frances FitzGerald and has become entitled to the said Family estates or the proceeds of sale of the same (other than part of Johnstown Castle and Demesne) under the last Resettlement thereof dated the nineteenth day of December One thousand nine hundred and seven and made between the said Gerald FitzGerald first part The Right Honorable Lady Adelaide Jane Frances FitzGerald of the second part and The Right Honorable Lord Frederick FitzGerald and Thomas Francis Crozier of the third part AND WHEREAS in the belief that it was intended that Johnstown Castle and Demesne should devolve with and as part of the said Family Estates The Settlor has offered to assure the same unto the said Maurice Victor Lakin AND WHEREAS the said Maurice Victor Lakin is desirous that The Estate together with all growing Crops thereon should be presented to The Nation as a Free Gift for the purposes hereinafter mentioned and has requested The Settlor to enter into the Agreement hereinafter contained AND WHEREAS The Settlor and the said Maurice Victor Lakin having informed The Government of Éire of the said desire to make the aforesaid gift requested it to accept the same on behalf of The Nation and the Government having duly intimated its willingness to accept the Gift It was agreed that The Estate should be conveyed and assigned by The Settlor and the said Maurice Victor Lakin 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 the said Maurice Victor Lakin 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 and the said Maurice Victor Lakin as a free Gift to The Nation shall convey and assign The Estate to The Minister subject to the provisions hereinafter contained but otherwise free from incumbrances.
2. The Estate will be conveyed (with the exception of the Family Private Burial Ground hereinafter particularly referred to) as to the lands tenements and hereditaments described in Part I of the Schedule hereto in fee simple And as to the lands tenements and hereditaments described in Part II. of the Schedule hereto subject to the yearly rent of One pound twelve shillings and ten pence per annum and subject to all rights of way existing over the lands 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. The Sporting (including Fishing) rights over The Estate shall be expressly granted by way of use to the said Maurice Victor Lakin his heirs and assigns for ever as a personal right. The said Family Private Burial Ground on The Estate as delineated on the Map annexed to the Schedule hereto and thereon coloured Brown shall be excluded from the Conveyance and there shall be created by way of use rights of way for The Settlor and the said Maurice Victor Lakin and their respective heirs and servants at all reasonable times to the said Family Private Burial Ground from the Public Highway as shown in the said Map and thereon delineated with Brown lines. The Conveyance shall include the existing Saw Mills and Turbine erected on The Estate.
3. The Estate shall be henceforth known and described as “Johnstown Castle Agricultural College” and the name shall not be changed The property shall be used by The State exclusively for the purposes of a Lay Agricultural College and for no other purpose whatever.
4. The District Jubilee Nurse at Rathaspick for the time being shall have the right to reside in the Gate Lodge at Rathaspick on The Estate (delineated on the said Map hereto annexed and thereon coloured green) free of rent rates and taxes and The Estate shall be conveyed charged with the obligation to maintain and preserve the said Gate Lodge as a Residence for the purposes aforesaid and to keep same at all times in good order repair and condition.
5. Subject as aforesaid The Estate shall be conveyed and assigned to The Minister free from all restrictions as to the user thereof.
6. The Settlor and said Maurice Victor Lakin will convey and assign to The Minister all their Estate and interest in The Estate. The Title as to the lands tenements and hereditaments described in Part I of the Schedule hereto shall commence with the said Indenture of Settlement dated the tenth day of April One thousand eight hundred and eighty; As to the said lands tenements and hereditaments described in Part II of the Schedule hereto such Title as The Settlor may be able to adduce shall be accepted.
7. The Conveyance and assignment to The Minister shall be in the form of the draft attached hereto with such alter ations and amendments as may be mutually agreed upon and such Conveyance and assignment shall be engrossed on behalf of and at the expense of The Minister and be executed by The Settlor and the said Maurice Victor Lakin as soon as may be after the date hereof. The said Conveyance and Assignment shall be executed in escrow and placed in the hands of Thomas Crozier & Son Solicitors 14 Ely Place 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 (if any) relating exclusively to the property and where any Title Deeds or other Documents relate also to other property of The Settlor or any person or have been deposited in the Court of the Irish Land Commission certified copies of such Title Deeds and Documents will be furnished to The Minister.
8. The date fixed for completion shall be the day of One thousand nine hundred and forty (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 twenty-first day of April One Thousand Nine Hundred and Forty-four and shall be liable for all outgoings as from that date such rents profits and outgoings (whether the same be apportionable by law or not) to be apportioned if necessary.
9. There shall be included in the said Gift all Crops growing upon The Estate at the date of completion.
10. 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 and the said Maurice Victor Lakin do 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) (b) and (c) hereof. 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 used exclusively for the purpose of a Lay Agricultural College and shall be known and described as “Johnstown Castle Agricultural College” and that such name shall not be changed.
(b) That the said Gate Lodge at Rathaspick on The Estate shall be preserved and maintained in perpetuity at the expense of The State for the purpose of providing a Residence free of rent rates and taxes for the District Jubilee Nurse for the time being And that the rights of way reserved to the Settlor and the said Maurice Victor Lakin and their respective heirs and servants to the Family Burial Ground as shown on the said Map shall be preserved and maintained in perpetuity at the expense of the State.
(c) That the Minister or other Body or person having the management or control of The Estate shall be authorised to retain and shall retain the services of the Servants and Employees and to remunerate the Pensioners employed and connected with The Estate the names conditions of employment and Pensions of which Servants Employees and Pensioners respectively are set out in an Inventory thereof which for the purpose of identification has been signed by The Settlor and by or on behalf of The Minister and is marked “A”.
(d) That the Minister be empowered to make the payments hereinafter mentioned out of Public Funds namely:—
(i) The sum of Four thousand one hundred and seventy pounds seven shillings and ten pence being the proportionate amount of all Death Duties (Estate and Succession) paid to The State in respect of The Estate on the death of the said Lady Adelaide Jane Frances FitzGerald and the said Gerald Hugh FitzGerald and on the succession of The Settlor thereto.
(ii) The sum of Six hundred and twenty seven pounds fourteen shillings and nine pence being the amount estimated to have been paid or payable by the said Maurice Victor Lakin for Wages and Pensions to the said Employees and pensioners from the first day of January One thousand nine hundred and forty four to the said twenty-first day of April One thousand Nine hundred and forty-four, and the sum of One hundred and fifty five pounds nineteen shillings and six pence being the amount of miscellaneous expenses and outlay incurred by the said Maurice Victor Lakin in respect of The Estate from the first day of January One thousand nine hundred and forty four to the date of completion.
(iii) The sum of Two hundred and eighty seven pounds twelve shillings to cover the Costs of The Settlor in carrying out this Gift.
(e) That all Deeds and Instruments entered into and executed by The Settlor and or the said Maurice Victor Lakin for the purpose of enabling them to effect this Gift shall be exempt from Stamp Duty and that any Stamp Duty paid by The Settlor and or the said Maurice Victor Lakin in respect of same shall be refunded to them.
(f) That in the event of the death of The Settlor or the said Maurice Victor Lakin within three years of the execution of the said Conveyance and Assignment The Estate shall not be deemed to be property passing upon the death of The Settlor or the said Maurice Victor Lakin.
(g) That the Ornamental nature of the Gardens and Pleasure Grounds on The Estate shall not be altered and the Ornamental Timber thereon shall not be felled or cut save in the ordinary course of management.
(h) That the State shall undertake liability for payment of all rates payable from the thirty-first day of March One thousand nine hundred and forty four in respect of The Estate.
(i) 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 and the said Maurice Victor Lakin have signed their names and affixed their Seals and The Minister has caused his Official Seal to be hereunto affixed the day and year first herein WRITTEN--------------------------------
SCHEDULE REFERRED TO.
INVENTORY REFERRED TO IN FOREGOING AGREEMENT
RE EMPLOYEES AND PENSIONERS AT JOHNSTOWN CASTLE.
The Conditions as regards Employment and Pensions concerning the Employees and Pensioners at Johnstown Castle as agreed between Mrs. D. V. Jefferies and Mr. Maurice Victor Lakin on the one part, and The Minister for Agriculture of the other part are as follows, these Conditions to come into operation on the transfer of the Property to the Minister:—
1. Continuance of Employment.
(a) The following would be offered suitable employment under the Department:—
Margaret Dunphy, Cook; Margaret Doyle, Kitchen Maid; Mary Forde, and Kathleen Kane, Housemaids; and Margaret May, Laundry and Dairy Maid.
(b) As the services of John Bowers, Gamekeeper; William Carroll, Butler; and John Fitzhenry, Footman, will not be needed by The Department, it will not be possible to offer employment to these men.
The employees retained will receive wages not less than the wages they are now paid, including the perquisites in kind set out in the attached List. Should it prove impracticable for any reason to continue to give any of the perquisites mentioned in that List a Cash equivalent in lieu will be paid.
3. Treatment on Retirement.
(a) The Gamekeeper, John Bowers, and the retired Chauffeur James O'Brien, will each receive a pension of One pound per week, or alternatively such sum per week as together with the Old Age Pension will amount to One pound a week. In addition, each will be allowed to occupy free of rent, the house he now has, this arrangement as to a free House to continue for his lifetime or for the lifetime of his wife, should she survive him.
(b) James Kehoe and William Breslin will, on retirement on or after reaching 65, or on retirement before that age owing to incapacitation through infirmity, each receive a Pension of One pound a week. On becoming eligible for the Old Age Pension, the Pension to be paid by the Department will be such sum per week as, together with the Old Age Pension, will amount to One pound a week. In addition each will be allowed to occupy, free of rent for life, the house he now has (or a similar house) and should he be survived by his wife, the latter will continue in occupation for her lifetime.
(c) The following Employees, namely, Nicholas Aspel, Peter Power, William Murphy, Laurence Leary, Myles O'Brien and Patrick Mahon, on retirement on or after reaching 65, to receive a pension of One pound a week. On their becoming eligible for the Old Age Pension, the Pension from the Department to be so adjusted that they will receive such sum as, with the Old Age Pension, will amount to One pound a week.
(d) The following nine Employees, namely, Michael Furlong, James Power, Peter Dempsey, James Murphy, John Restrick, Thomas Kelly, James Doyle, James McDonald and James Maguire, to be retained if fit until 70. On retirement at any time after reaching 65, or on retirement before 65, owing to incapacitation through infirmity, to receive a gratuity calculated at the rate of a week's wages for each completed year of service, subject to a maximum payment of 52 weeks' pay. The period of service on the Estate will be added to the period under the Department in reckoning the amount of the Gratuity.
(e) The Cook, Kitchenmaid, two Housemaids, and the Laundry and Dairy Maid will also be eligible for a gratuity on the lines indicated in the preceding paragraph (d) should they remain in the employment of the Department until 65 or retire owing to incapacitation through infirmity before that age.
(f) The above arrangements would not apply in any case in which an employee should prove to be unsatisfactory or in which he chose to leave the Department's employment of his own volition before reaching 65 years of age.
William Carroll, Butler, and John Fitzhenry, Footman, whose services will not be needed, will each receive a lump sum calculated at the rate of Two Pounds for each year of service. This will amount to Forty-six pounds in the case of William Carroll, and Sixteen pounds in the case of John Fitzhenry.