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Uimhir 33 de 1945.
ACHT CHOLÁISTE TALMHAÍOCHTA CHAISLEÁN BHAILE SHEONACH, 1945.
[An tionntó oifigiúil.]
[17ú Deireadh Fómhair, 1945.]
Mínithe.
1.—San Acht so—
ciallaíonn an abairt “an Comhaontú” an Comhaontú a bhfuil cóip de leagtha amach sa Chéad Sceideal a ghabhas leis an Acht so;
ciallaíonn an abairt “an Leithliú” an dintiúir a bhfuil cóip de leagtha amach sa Dara Sceideal a ghabhas leis an Acht so agus do comhlánaíodh ina escrolla agus atá le seachadadh mar dhintiúir ó na páirtithe ann ar an gcéad taobh agus ar an dara taobh a luaithe is féidir tar éis an tAcht so do rith;
ciallaíonn an abairt “an tEastát” an mhaoin ar a dtugtar de ghnáth Caisleán agus Díméad Bhaile Sheonach agus a tuairiscítear sa Sceideal a ghabhas leis an Leithliú;
ciallaíonn an abairt “an tAire” an tAire Talmhaíochta;
ciallaíonn an abairt “na scríbhní sceidealta” an Comhaontú agus an Leithliú.
An bronntas do ghlacadh.
2.—Déantar leis seo fial-bhronnadh na maoine ar a dtugtar de ghnáth Caisleán agus Dímeád Bhaile Sheonach (dá ngairmtear an tEastát san Acht so) ar an Náisiún chun críocha coláiste talmhaíochta tuaithe ag Dorothy Violet Jefferies agus Maurice Victor Lakin, bronnadh atá le cur in éifeacht leis na scríbhní sceidealta, do ghlacadh go fíor-bhuíoch, agus dá réir sin—
(a) aontaítear tríd seo leis an gComhaontú agus féadfaidh an tAire forála cláis 10 (c) de do chur i ngníomh, agus
(b) féadfaidh an tAire an Leithliú do chomhlánú agus an tEastát a leithlítear chuige leis do thógaint agus do shealbhú do réir an Achta so.
Coláisté talmhaíochta do bhunú agus do chothabháil ar an Eastát.
3.—(1) A luaithe is caothúil tar éis an tAcht so do rith, bunóidh an tAire coláiste talmhaíochta tuaithe ar an Eastát agus féadfaidh chuige sin gach ní do dhéanamh a mheasfaidh is gá.
(2) Bhéarfar Coláiste Talmhaíochta Chaisleán Bhaile Sheonach mar ainm ar an gcoláiste a bunófar faoin alt so, agus ní hathrófar an ainm sín.
Fuascailt an Eastáit ón gcíos-mhuirear tionnscra do dhéanamh bailí.
4.—An fhuascailt ón gcíos-mhuirear tionnscra de shé chéad punt sa bhliain atá teoranta do Dorothy Violet Jefferies, a beartaítear a dhéanamh ar an Eastát leis an Leithliú, beidh sé bailí d'ainneoin é bheith srianta uirthi an cíos-mhuirear san d'oirichill.
Forála maidir leis an Lóiste Geata ag Ráth Easpoig.
5.—(1) Déanfar an Lóiste Geata (dá ngairmtear an Lóiste Geata san san alt so) ag Ráth Easpoig ar an Eastát do chothabháil do shíor mar thigh comhnaithe don Bhanaltra Iubhaile Ceantair (dá ngairmtear an Bhanaltra san san alt so) a bheas de thuras na huaire i Ráth Easpoig.
(2) Beidh an Bhanaltra san i dteideal comhnaí saor ó chíos sa Lóiste Geata san.
(3) Beidh an Lóiste Geata san, fad a bheas an Bhanaltra san á lonnú, saor ó mheisiúnacht i gcóir ráta dhealúis agus i gcóir aon ráta eile a ghearrfaidh údarás áitiúil.
Gáirdíní, etc., an Eastáit do bhuan-choimeád.
6.—Ní déanfar athrú ar ornáideacht gháirdíní agus tailte áineasa an Eastáit ná ní déanfar na crainn ornáideacha ann do leagadh ná do ghearradh ach amháin i ngnáth-chúrsa bainistí an Eastáit.
Cearta spóirt ar an Eastát.
7.—Na cearta lámhaigh, íascaireachta, foghlaerachta agus spóirt a forcoimeátar leis an Leithliú do Maurice Victor Lakin agus dá oidhrí, dearbhaítear leis seo iad do bheith arna bhforcoimeád mar chearta pearsanta chun úsáide agus áise Maurice Victor Lakin sin agus na n-oidhrí sin air maraon le lucht aíochta aige sin agus acu san, agus chun a n-úsáide agus a n-áise sin amháin, agus ní féadfar na cearta san do shannadh ná d'fho-ligean chun duine ar bith.
Cearta slí ar an Eastát.
8.—Na slite a ndéantar cearta slí orthu d'fhorcoimeád leis an Leithliú do Dorothy Violet Jefferies agus do Maurice Victor Lakin agus dá n-oidhrí agus dá seirbhísigh fá seach ón mbóthar poiblí go dtí Roilig Phríobháideach na Muintire, déanfaidh an tAire iad do bhuan-choimeád agus do chothabháil do shíor.
Saoirse ó dhiúité stampa.
9.—Ní bheidh aon diúité stampa iníoctha ar ceachtar de na scríbhní sceidealta ná ar aon ionstraim, faoi dháta is déanaí ná dáta an Achta so do rith, is gá chun éifeacht do thabhairt do cheachtar de na scríbhní sceidealta.
Saoirse ó dhiúité eastáit.
10.—Ní bheidh diúité eastáit inéilithe i leith an Eastáit i gcás Dorothy Violet Jefferies nó Maurice Victor Lakin nó iad araon d'éag laistigh de thrí bliana tar éis dáta comhlánuithe an Leithlithe.
Costais.
11.—Na costais faoina raghaidh an tAire chun an tAcht so do riaradh, ar a n-áirítear go sonnrach an t-airgead is iníoctha ag an Aire faoi chlás 10 (c) den Chomhaontú agus na eostais faoina raghaidh an tAire chun agus i dtaobh na scríbhní sceidealta d'ullmhú agus do chomhlánú, déanfar, a mhéid a cheadóidh an tAire Airgeadais, iad d'íoc as airgead a sholáthróidh an tOireachtas.
Gearr-theideal.
12.—Féadfar Acht Choláiste Talmhaíochta Chaisleán Bhaile Sheonach, 1945, do ghairm den Acht so.
AN CHEAD SCEIDEAL.
FIRST SCHEDULE.
An Comhaontu.
The Agreement.
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--------------------------------
SIGNED AND SEALED by the said Dorothy Violet Jefferies in the presence of:— | Dorothy Violet Jefferies. (Seal). |
Michael J. Dunne, 14 Ely Place, Dublin. Solicitor. | |
| |
SIGNED AND SEALED by the said Maurice Victor Lakin in the presence of:— | Maurice Victor Lakin. (Seal). |
M. L. Lakin, Horetown, Foulksmills, Co. Wexford. Private. | |
Ellen Keating, Horetown, Foulksmills. Domestic. | |
| |
PRESENT when the Official Seal of the Minister for Agriculture was affixed and was authenticated by the signature of | Seal of the Minister for Agriculture. (Sd.) D. Twomey. |
D. Twomey a person authorised by the said Minister to act in that behalf: | |
J. J. Crowley, Department of Agriculture. | |
SCHEDULE REFERRED TO.
PART I.
Townland | Electoral Division | Barony | County | Area | P.L.V. | Tenure | ||||||||
Lands | Buildings | |||||||||||||
A. | R. | P. | £ | s. | d. | £ | s. | d. | ||||||
Twentyacres | .... | Rathaspick | Forth | Wexford | 57 | 0 | 6 | 39 | 15 | 0 | -- | Fee Simple | ||
Staplestown (Morgan). | ,, | ,, | ,, | 21 | 2 | 10 | 14 | 5 | 0 | -- | ,, | |||
Rathaspick | .... | ,, | ,, | ,, | -- | -- | 1 | 0 | 0 | ,, | ||||
,, | .... | ,, | ,, | ,, | -- | -- | 1 | 0 | 0 | ,, | ||||
,, | .... | ,, | ,, | ,, | -- | -- | 1 | 0 | 0 | ,, | ||||
Rathlannon | .... | ,, | ,, | ,, | 146 | 3 | 20 | 105 | 5 | 0 | -- | ,, | ||
Redmondstown | .... | ,, | ,, | ,, | 21 | 1 | 22 | 9 | 5 | 0 | -- | ,, | ||
,, | .... | ,, | ,, | ,, | 100 | 0 | 37 | 78 | 8 | 0 | -- | ,, | ||
Kildavin Lower | ,, | ,, | ,, | 101 | 1 | 32 | 62 | 13 | 0 | -- | ,, | |||
Kildavin Upper | ,, | ,, | ,, | 100 | 1 | 37 | 54 | 10 | 0 | -- | ,, | |||
Knock | .... | ,, | ,, | ,, | 23 | 1 | 10 | 20 | 0 | 0 | -- | ,, | ||
Kildavin Lower | ,, | ,, | ,, | 0 | 0 | 32 | 0 | 5 | 0 | 3 | 5 | 0 | ,, | |
,, | .... | ,, | ,, | ,, | 1 | 3 | 16 | 0 | 13 | 0 | -- | ,, | ||
Johnstown | .... | ,, | ,, | ,, | 280 | 3 | 13 | 245 | 5 | 0 | 90 | 0 | 0 | ,, |
,, | .... | ,, | ,, | ,, | -- | -- | 20 | 10 | 0 | ,, | ||||
Fortyacres | .... | ,, | ,, | ,, | 65 | 0 | 19 | 50 | 5 | 0 | 10 | 0 | 0 | ,, |
Churchtown | .... | ,, | ,, | ,, | 61 | 3 | 10 | 58 | 10 | 0 | 0 | 10 | 0 | ,, |
Redmondstown | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ,, | |
,, | .... | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 26 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
Redmondstown | .... | Rathas pick | Forth | Wexford | 1 | 0 | 8 | 0 | 15 | 0 | 1 | 10 | 0 | Fee Simple |
,, | .... | ,, | ,, | ,, | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 38 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 1 | 0 | 4 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | Derelict house. | -- | -- | -- | ||||||
PART II | ||||||||||||||
Quanstown | .... | Rathaspick | Forth | Wexford | 0 | 1 | 0 | 0 | 5 | 0 | 4 | 0 | 0 | Lease— date unknown. Rent £1 12s. 10d. per annum. |
“A.”
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:—
Farm Hands. | Tradesmen. |
Michael Furlong | John Doyle |
Nicholas Aspel | Patrick Mahon |
William Murphy | |
Peter Power | Woodmen. |
James Power | James McDonald |
Laurence Leary | John Maguire |
Peter Dempsey | |
Garden Employees. | Coachman. |
James Murphy | James Kehoe |
John Restrick | |
Myles O'Brien | Chauffeur. |
Thomas Kelly | William Breslin |
also |
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.
2. Wages.
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.
4. Compensation.
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.
Labourers | Age believed | Employment | Residence | Wages | Deductions for rent | Allowances | ||||||
House | Land | Firing | Potatoes | Milk | ||||||||
Michael Furlong ... ... | 38 | 12 years | Redmondstown | £2 | 0 | 0 | 2/- | 9d. | 2/- | _ | Free | & 3/6 per week for Milking |
Nicholas Aspel ... ... | 50 | 30 ,, | do. | 2 | 0 | 0 | 2/- | 9d. | 2/- | -- | -- | & 1/- weekly for tending Horses on Sundays |
Wm. Murphy ... ... | 64 | 20 ,, | do. | 2 | 0 | 0 | 2/- | 9d. | 2/- | -- | -- | -- |
Peter Power ... ... | 43 | 25 ,, | Rathaspick Lodge | 2 | 0 | 0 | 2/- | 9d. | 2/- | -- | -- | & 1/- weekly for Tending Horses on Sun day |
James Power ... ... | 45 | 4 ,, | Outside Demesne, Latimerstown. | 2 | 0 | 0 | None | None | -- | -- | -- | -- |
Laurence Leary ... ... | 60 | 25 ,, | Redmondstown | 2 | 0 | 0 | 2/- | 9d. | 2/- | -- | -- | & 2/- weekly for Tending Cattle on Holidays & c. |
Peter Dempsey ... ... | 24 | 1 ,, | do. | 2 | 0 | 0 | 2/- | 9d. | 2/- | -- | -- | & 3/6 weekly for Milking |
Garden Employees | ||||||||||||
James Murphy ... ... | 53 | 8 ,, | Garden Lodge | 2 | 2 | 0 | Free of | rent | Free | Free | Free | & Free Vegetables |
John Restrick ... ... | 66 | 15 ,, | Redmondstown | 1 | 16 | 6 | 2/- | 9d. | 2/- | -- | -- | -- |
Myles O'Brien ... ... | 43 | 20 ,, | do. | 1 | 16 | 6 | 2/- | 9d. | 2/- | -- | -- | -- |
Thomas Kelly ... ... | 23 | 6 ,, | Outside Demesne, Scaughmolin. | 1 | 14 | 3 | -- | None | -- | -- | -- | -- |
Tradesmen | ||||||||||||
John Doyle ... ... ... | 41 | 13 ,, | do. | 2 | 10 | 3 | None | None | -- | -- | -- | 1/3 Grazing (Cow); 1/41 Insurance |
Patrick Mahon ... ... | 47 | 21 ,, | Rathaspick | 1 | 10 | 0½ | Free of | rent | Free | -- | Free | 6d. Grazing (Ass); 1/4Insurance |
Woodsmen | ||||||||||||
James McDonald ... ... | 34 | 10 ,, | Poultry Yard House | 2 | 4 | 10½ | Free of | rent | 2/- | -- | -- | 1/4½ Insurance |
John Maguire ... ... | 49 | 15 ,, | Redmondstown | 2 | 0 | 0 | 2/- | 9d. | 2/- | -- | -- | -- |
Gamekeeper | ||||||||||||
John Bowers ... ... | 73 | 30 ,, | Murrinstown Lodge | 1 | 4 | 0 | Free of | rent | Free | -- | -- | Grazing free (Pony and Cow) |
Coachman | ||||||||||||
James Kehoe ... ... | 60 | 40 ,, | Stable Yard | 1 | 14 | 0 | do. | do. | Free | Free | Free | & £8 yearly for Clothing |
Chauffeur | ||||||||||||
Wm. Breslin ... ... | 57 | 40 ,, | do. | 1 | 14 | 0 | do. | do. | Free | Free | Free | do. do. |
James O'Brien (Retired Pensioner). | 73 | 40 ,, | Quanstown Lodge | Pension 10/- | do. | do. | Free | -- | -- | -- | ||
— Murphy (Trapper, employed weekly). | -- | -- | -- | -- | -- | -- | -- | -- | -- | -- | ||
Indoor Employees | Employment | Wages, P.A. | Remarks | ||||||||
£ | s. | d. | |||||||||
Wm. Carroll, Butler | .... | .... | .... | 23 | years | 45 | 0 | 0 | Compensation £2 for each year of service— £46. | ||
John Fitzhenry, Footman | .... | .... | .... | 7 | ,, | 24 4 | 0 0 | 0 and 0 | Compensation £2 for each year of service— £16. | ||
for clothing. | |||||||||||
Margaret Dunphy, Cook | .... | .... | .... | .... | 20 | ,, | 36 | 0 | 0 | Private indoor servants to receive no bonus if they do not continue in service of Government. | |
Margaret Doyle, Kitchenmaid | .... | .... | .... | 6 | ,, | 20 | 0 | 0 | -- | ||
Mary Forde, and | .... | .... | .... | .... | .... | 40 | 0 | 0 | -- | ||
Kathleen Kane—Housemaids | .... | .... | .... | 18 | 0 | 0 | -- | ||||
Margaret May, Laundry and Dairymaid | .... | 14 | ,, | 30 | 0 | 0 | -- | ||||
(Sgd.) | DOROTHY VIOLET JEFFERIES |
(Sgd.) | MAURICE VICTOR LAKIN |
(Sgd.) | D. TWOMEY |
AN DARA SCEIDEAL.
SECOND SCHEDULE.
An Leithliu.
The Conveyance.
THIS INDENTURE Made the------------------------------------------------day ---------------------- ----------------------------------------One Thousand Nine Hundred and Forty- BETWEEN DOROTHY VIOLET JEFFERIES of Carrigbyrne Adamstown in the County of Wexford, Married Woman (hereinafter called “The Settlor”) of the First Part MAURICE VICTOR LAKIN of Horetown Foulksmills County Wexford Esquire of the Second Part THE MINISTER FOR AGRICULTURE (hereinafter called “The Minister”) of the Third Part WHEREAS the Settlor is seized in fee simple in possession free from incumbrances of certain of the lands tenements hereditaments and premises described in Part I of the Schedule hereto and is also possessed of the lands tenements hereditaments and premises described in Part II of the Schedule hereto subject to the yearly rent of £1: 12: 10 per annum AND WHEREAS the said Maurice Victor Lakin is seized in fee simple in possession of the residue of the said lands tenements and hereditaments described in the said Part I of the said Schedule hereto subject as to the last mentioned lands with other property to a jointure Rent Charge of £600 limited to The Settlor and created by the joint operation of an Indenture of Re-Settlement dated the 19th December, 1907, and made between Gerald Hugh FitzGerald of the First Part the Right Honourable Lady Adelaide Jane Frances FitzGerald of the Second Part and the Right Honourable Lord Frederick FitzGerald and Thomas Francis Crozier of the Third part the will of the said Gerald FitzGerald dated the 9th August 1914 and duly proved in the Principal Registry of the High Court of Justice in Ireland King's Bench Division (Probate) on the 27th July 1916 but free from all other incumbrances AND WHEREAS the said lands tenements hereditaments and premises described in Parts I and II of the Schedule hereto are (together with other adjoining lands) commonly known as Johnstown Castle and Demesne and The Settlor and the said Maurice Victor Lakin are desirous of presenting the same to the Nation as a free gift discharged from the said jointure rent charge (which is secured on other property of ample value) AND WHEREAS the Government of Éire have duly intimated their willingness to accept the said gift on behalf of the Nation and it has been agreed that the said lands tenements hereditaments and premises should be conveyed and assigned by The Settlor and the said Maurice Victor Lakin to the Minister to be held subject to the provisions and conditions hereinafter contained NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the premises the Settlor as Settlor as to the portions of the premises hereby assured to which she is entitled as aforesaid doth hereby Grant unto the Minister and the said Maurice Victor Lakin as Settlor of the residue of the said premises to which he is entitled as aforesaid doth hereby Grant unto the Minister ALL THAT AND THOSE part of the lands tenements hereditaments and premises known as Johnstown Castle and Demesne situate in the Barony of Forth and County of Wexford and more particularly described in the First Schedule hereto and delineated in the Map annexed hereto and therein surrounded by a red verge line. TO HOLD the same unto The Minister To the use that the said Maurice Victor Lakin and his heirs shall for ever hereafter enjoy the exclusive right for them or any of them of Shooting Fishing Fowling and Sporting over the said lands or any part thereof AND ALSO To the use that The Settlor her heirs and assigns and the said Maurice Victor Lakin his heirs and assigns may for ever hereafter pass and repass on foot or with vehicles along the Ways marked Brown on the Map hereto annexed leading to The Private Family Burial Ground from the Public Highway And Subject thereto To the use of The Minister in fee simple subject to the proviso for avoidance hereinafter contained AND ALSO SUBJECT to all Easements or Rights in the nature of Easements (if any) now affecting the same whether the same are vested in the Public or in private persons and to the intent that the said Lands tenements hereditaments and premises hereby assured shall henceforth be discharged from the said jointure Rent Charge of £600, per annum limited to the Settlor as aforesaid.
AND THIS INDENTURE FURTHER WITNESSETH that in further pursuance of the said Agreement and for the consideration aforesaid The Settlor as Settlor DOTH HEREBY in the name of The Settlor and the said Maurice Victor Lakin assign to The Minister
ALL THE ESTATE AND INTEREST of The Settlor in the Lands Tenements and hereditaments described in Part II of the said Schedule hereto
TO HOLD the same unto the Minister for all the estate and interest of The Settlor therein subject to the said yearly rent of £1: 12: 10 AND ALSO SUBJECT to the proviso for avoidance hereinafter contained
AND THIS INDENTURE FURTHER WITNESSETH AND IT IS HEREBY FURTHER AGREED AND DECLARED that the said lands Tenements Hereditaments and Premises hereinbefore conveyed and assigned shall henceforth be known and described as JOHNSTOWN CASTLE AGRICULTURAL COLLEGE and the said Name shall not be hereafter changed And that the said property shall be used by The State exclusively for the purposes of a Lay Agricultural College and for no other purpose whatever And that the District Jubilee Nurse at Rathaspick for the time being shall have the right to reside in the Gate Lodge at Rathaspick delineated on the said Map hereto annexed and thereon coloured Green free of rent rates and taxes and that the obligation of paying the said rates and taxes (if any) and maintaining and keeping in good order repair and condition the said Gate Lodge for the purposes aforesaid shall be a charge upon the said premises hereby conveyed and assigned other than the said Gate Lodge.
AND IT IS HEREBY FURTHER AGREED AND DECLARED that it is the true intent of these premises that shooting fishing fowling and sporting over the lands hereby assured or any part thereof hereinbefore reserved to the said Maurice Victor Lakin and his heirs shall be enjoyed by him and them as a personal right to be enjoyed by himself themselves and his and their guests only and the same shall not at any time or times hereafter be assigned or sublet to any other person or persons whatsoever.
AND IT IS HEREBY FURTHER AGREED AND DECLARED that subject as aforesaid the said lands tenements hereditaments and premises shall be vested in The Minister free from all restrictions as to the user thereof
AND IT IS HEREBY ALSO AGREED AND DECLARED that these Presents are 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 purposes aforesaid within such period or such further period as The Settlor may in writing agree to these Presents and every thing herein contained shall be void and of no effect.
IN WITNESS WHEREOF the Settlor and the said Maurice Victor Lakin have hereunto put their hands and affixed their seals and The Minister has caused his Official Seal to be affixed hereto the day and year first herein WRITTEN.
SIGNED SEALED AND DELI-VERED by the said Dorothy Violet Jefferies in presence of:— | |
/SIGNED | |
SIGNED, SEALED AND DELI-VERED by the said Maurice Victor Lakin in presence of | |
PRESENT when the Official Seal of the Minister was hereunto affixed and was authenticated by the signature of:— | |
a person authorised by the Minister to act in that behalf:— |
SCHEDULE REFERRED TO.
PART II.
Townland | Electoral Division | Barony | County | Area | P.L.V. | Tenure | ||||||||
Lands | Buildings | |||||||||||||
A. | R. | P. | £ | s. | d. | £ | s. | d. | ||||||
Twentyacres | .... | Rathaspick | Forth | Wexford | 57 | 0 | 6 | 39 | 15 | 0 | -- | Fee Simple | ||
Staplestown (Morgan). | ,, | ,, | ,, | 21 | 2 | 10 | 14 | 5 | 0 | -- | ,, | |||
Rathaspick | .... | ,, | ,, | ,, | -- | -- | 1 | 0 | 0 | ,, | ||||
,, | .... | ,, | ,, | ,, | -- | -- | 1 | 0 | 0 | ,, | ||||
,, | .... | ,, | ,, | ,, | -- | -- | 1 | 0 | 0 | ,, | ||||
Rathlunnon | .... | ,, | ,, | ,, | 146 | 3 | 20 | 105 | 5 | 0 | -- | ,, | ||
Redmondstown | .... | ,, | ,, | ,, | 21 | 1 | 22 | 9 | 5 | 0 | -- | ,, | ||
,, | .... | ,, | ,, | ,, | 100 | 0 | 37 | 78 | 8 | 0 | -- | ,, | ||
Kildavin Lower | ,, | ,, | ,, | 101 | 1 | 32 | 62 | 13 | 0 | -- | ,, | |||
Kildavin Upper | ,, | ,, | ,, | 100 | 1 | 37 | 54 | 10 | 0 | -- | ,, | |||
Knock | .... | ,, | ,, | ,, | 23 | 1 | 10 | 20 | 0 | 0 | -- | ,, | ||
Kildavin Lower | ,, | ,, | ,, | 0 | 0 | 32 | 0 | 5 | 0 | 3 | 5 | 0 | ,, | |
,, | .... | ,, | ,, | ,, | 1 | 3 | 16 | 0 | 13 | 0 | -- | ,, | ||
Johnstown | .... | ,, | ,, | ,, | 280 | 3 | 13 | 245 | 5 | 0 | 90 | 0 | 0 | ,, |
,, | .... | ,, | ,, | ,, | -- | -- | 20 | 10 | 0 | ,, | ||||
Fortyacres | .... | ,, | ,, | ,, | 65 | 0 | 19 | 50 | 5 | 0 | 10 | 0 | 0 | ,, |
Churchtown | .... | ,, | ,, | ,, | 61 | 3 | 10 | 58 | 10 | 0 | 0 | 10 | 0 | ,, |
Redmondstown | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ,, | |
,, | .... | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 26 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 1 | 0 | 8 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
Twentyacres | .... | Rathaspick | Forth | Wexford | 0 | 3 | 38 | 0 | 15 | 0 | 1 | 10 | 0 | Fee Simple |
,, | .... | ,, | ,, | ,, | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 1 | 0 | 4 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ,, |
,, | .... | ,, | ,, | ,, | Derelict house. | -- | -- | -- | ||||||
PART II | ||||||||||||||
Quanstown | .... | Rathaspick | Forth | Wexford | 0 | 1 | 0 | 0 | 5 | 0 | 4 | 0 | 0 | Lease— date un. known. Rent £1 12s. 10d. per annum. |
Number 33 of 1945.
JOHNSTOWN CASTLE AGRICULTURAL COLLEGE ACT, 1945.
ARRANGEMENT OF SECTIONS
Section | |
Establishment and maintenance of agricultural college on Estate. | |
Number 33 of 1945.
JOHNSTOWN CASTLE AGRICULTURAL COLLEGE ACT, 1945.
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.
AN CHEAD SCEIDEAL.
FIRST SCHEDULE.
An Comhaontu.
The Agreement.
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 alterations 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 _____________
SIGNED AND SEALED by the said Dorothy Violet Jefferies in the presence of:— | |
Michael J. Dunne, | Dorothy Violet Jefferies. |
14 Ely Place, | (Seal). |
Dublin. | |
Solicitor. | |
SIGNED AND SEALED by the said Maurice Victor Lakin in the presence of:— | |
M. L. Lakin, | |
Horetown, Foulksmills, | Maurice Victor Lakin. |
Co. Wexford. | (Seal). |
Private. | |
Ellen Keating, | |
Horetown, Foulksmills. | |
Domestic. | |
PRESENT when the Official Seal of the Minister for Agriculture was affixed and was authenticated by the signature of | Seal of the Minister for Agriculture. |
D. Twomey a person authorised by the said Minister to act in that behalf: | (Sd.) D. Twomey. |
J. J. CROWLEY, Department of Agriculture. |
SCHEDULE REFERRED TO.
PART I.
P.L.V. | |||||||||||||
Townland | Electoral Division | Barony | County | Area | Lands | Buildings | Tenure | ||||||
A. | R. | P. | £ | s. | d. | £ | s. | d. | |||||
Twentyacres | Rathaspick | Forth | Wexford | 57 | 0 | 6 | 39 | 15 | 0 | — | Fee Simple | ||
Staplestown (Morgan). | ” | ” | ” | 21 | 2 | 10 | 14 | 5 | 0 | — | ” | ||
Rathaspick | ” | ” | ” | — | — | 1 | 0 | 0 | ” | ||||
” | ” | ” | ” | — | — | 1 | 0 | 0 | ” | ||||
” | ” | ” | ” | — | — | 1 | 0 | 0 | ” | ||||
Rathlannon | ” | ” | ” | 146 | 3 | 20 | 105 | 5 | 0 | — | ” | ||
Redmondstown | ” | ” | ” | 21 | 1 | 22 | 9 | 5 | 0 | — | ” | ||
” | ” | ” | ” | 100 | 0 | 37 | 78 | 8 | 0 | — | ” | ||
Kildavin Lower | ” | ” | ” | 101 | 1 | 32 | 62 | 13 | 0 | — | ” | ||
Kildavin Upper | ” | ” | ” | 100 | 1 | 37 | 54 | 10 | 0 | — | ” | ||
Knock | ” | ” | ” | 23 | 1 | 10 | 20 | 0 | 0 | — | ” | ||
Kildavin Lower | ” | ” | ” | 0 | 0 | 32 | 0 | 5 | 0 | 3 | 5 | 0 | ” |
” | ” | ” | ” | 1 | 3 | 16 | 0 | 13 | 0 | — | ” | ||
Johnstown | ” | ” | ” | 280 | 3 | 13 | 245 | 5 | 0 | 90 | 0 | 0 | ” |
” | ” | ” | ” | — | — | 20 | 10 | 0 | ” | ||||
Fortyacres | ” | ” | ” | 65 | 0 | 19 | 50 | 5 | 0 | 10 | 0 | 0 | ” |
Churchtown | ” | ” | ” | 61 | 3 | 10 | 58 | 10 | 0 | 0 | 10 | 0 | ” |
Redmonstown | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 26 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
Redmondstown | Ratha spick | Forth | Wexford | 1 | 0 | 8 | 0 | 15 | 0 | 1 | 10 | 0 | Fee Simple |
” | ” | ” | ” | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 38 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 1 | 0 | 4 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | Derelict house. | — | — | — | ||||||
PART II | |||||||||||||
Quanstown | Ratha-spick | Forth | Wexford | 0 | 1 | 0 | 0 | 5 | 0 | 4 | 0 | 0 | Lease—date unknown. Rent £1 12s. 10d, per annum. |
“A.”
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:—
Farm Hands. | Tradesmen. |
Michael Furlong | John Doyle |
Nicholas Aspel | Patrick Mahon |
William Murphy | |
Peter Power | Woodmen. |
James Power | James McDonald |
Laurence Leary | John Maguire |
Peter Dempsey | |
Garden Employees. | Coachman. |
James Murphy | James Kehoe |
John Restrick | |
Myles O'Brien | Chauffeur. |
Thomas Kelly | William Breslin |
also |
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.
2. Wages.
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.
4. Compensation.
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.
Deductions for rent | Allowances | |||||||||||
Labourers | Age believed | Employment | Residence | Wages | House | Land | Firing | Potatoes | Milk | |||
Michael Furlong | 38 | 12 years | Redmondstown | £2 | 0 | 0 | 2/– | 9d. | 2/– | — | Free | & 3/6 per week for Milking |
Nicholas Aspel | 50 | 30 ” | do. | 2 | 0 | 0 | 2/– | 9d. | 2/– | — | — | & 1/– weekly for tending Horses on Sundays |
Wm. Murphy | 64 | 20 ” | do. | 2 | 0 | 0 | 2/– | 9d. | 2/– | — | — | — |
Peter Power | 43 | 25 ” | Rathaspick Lodge | 2 | 0 | 0 | 2/– | 9d. | 2/– | — | & 1/– weekly for Tending Horses on Sundays | |
James Power | 45 | 4 ” | Outside Demesne, Latimerstown. | 2 | 0 | 0 | None | None | — | — | — | — |
Laurence Leary | 60 | 25 ” | Redmondstown | 2 | 0 | 0 | 2/– | 9d. | 2/– | — | — | & 2/– weekly for Tending Cattle on Holidays &c. |
Peter Dempsey | 24 | 1 ” | do. | 2 | 0 | 0 | 2/– | 9d. | 2/– | — | — | & 3/6 weekly for Milking |
Garden Employees | ||||||||||||
James Murphy | 53 | 8 ” | Garden Lodge | 2 | 2 | 0 | Free of rent | Free of rent | Free | Free | Free | & Free Vegetables |
John Restrick | 66 | 15 ” | Redmondstown | 1 | 16 | 6 | 2/– | 9d. | 2/– | — | — | — |
Myles O'Brien | 43 | 20 ” | do. | 1 | 16 | 6 | 2/– | 9d. | 2/– | — | — | — |
Thomas Kelly | 23 | 6 ” | Outside Demesne, Scaughmolin. | 1 | 14 | 3 | — | None | — | — | — | — |
Tradesmen | ||||||||||||
John Doyle | 41 | 13 ” | do. | 2 | 10 | 3 | None | None | — | — | — | 1/3 Grazing (Cow); ¼ ½ Insurance |
Patrick Mahon | 47 | 21 ” | Rathaspick | 1 | 19 | 0½ | Free of | rent | Free | — | Free | 6d. Grazing (Ass); l/4½ Insurance |
Woodsmen | ||||||||||||
James McDonald | 34 | 10 ” | Poultry Yard House | 2 | 4 | 10½ | Free of | rent | 2/– | — | — | ¼ ½ Insurance |
John Maguire | 49 | 15 ” | Redmondstown | 2 | 0 | 0 | 2/– | 9d. | 2/– | — | — | — |
Gamekeeper | ||||||||||||
John Bowers | 73 | 30 ” | Murrinstown Lodge | 1 | 4 | 0 | Free of rent | Free of rent | Free | — | — | Grazing free (Pony and Cow) |
Coachman | ||||||||||||
James Kehoe | 60 | 40 ” | Stable Yard | 1 | 14 | 0 | do. | do. | Free | Free | Free | & £8 yearly for Clothing |
Chauffeur | ||||||||||||
Wm. Breslin | 57 | 40 ” | do. | 1 | 14 | 0 | do. | do. | Free | Free | Free | do. do. |
James O'Brien (Retired Pensioner). | 73 | 40 ” | Quanstown Lodge | Pension 10/– | do. | do. | Free | — | — | — | ||
— Murphy (Trapper, employed weekly). | — | — | — | — | — | — | — | — | — | — | ||
Indoor Employees | Employment | Wages, P.A. | Remarks | ||
£ | s. | d. | |||
Wm. Carroll, Butler | 23 years | 45 | 0 | 0 | Compensation £2 for each year of service— £46. |
John Fitzhenry, Footman | 7 ” | 24 | 0 | 0 and | Compensation £2 for each year of service— £16. |
4 | 0 | 0 | |||
for clothing. | |||||
Margaret Dunphy, Cook | 20 ” | 36 | 0 | 0 | Private indoor servants to receive no bonus if they do not continue in service of Government. |
Margaret Doyle, Kitchenmaid | 6 ” | 20 | 0 | 0 | — |
Mary Forde, and | 40 | 0 | 0 | — | |
Kathleen Kane—Housemaids | 18 | 0 | 0 | — | |
Margaret May, Laundry and Dairymaid | 14 ” | 30 | 0 | 0 | — |
(Sgd.) DOROTHY VIOLET JEFFERIES
(Sgd.) MAURICE VICTOR LAKIN
(Sgd.) D. TWOMEY
SECOND SCHEDULE.
AN DARA SCEIDEAL.
An Leithliu.
The Conveyance.
THIS INDENTURE Made the _____________________________ day _________ _________ ___________One Thousand Nine Hundred and Forty-_______________BETWEEN DOROTHY VIOLET JEFFERIES of Carrigbyrne Adamstown in the County of Wexford, Married Woman (hereinafter called “The Settlor”) of the First Part MAURICE VICTOR LAKIN of Horetown Foulksmills County Wexford Esquire of the Second Part THE MINISTER FOR AGRICULTURE (hereinafter called “The Minister”) of the Third Part WHEREAS the Settlor is seized in fee simple in possession free from incumbrances of certain of the lands tenements hereditaments and premises described in Part I of the Schedule hereto and is also possessed of the lands tenements hereditaments and premises described in Part II of the Schedule hereto subject to the yearly rent of £1: 12: 10 per annum AND WHEREAS the said Maurice Victor Lakin is seized in fee simple in possession of the residue of the said lands tenements and hereditaments described in the said Part I of the said Schedule hereto subject as to the last mentioned lands with other property to a jointure Rent Charge of £600 limited to The Settlor and created by the joint operation of an Indenture of Re-Settlement dated the 19th December, 1907, and made between Gerald Hugh FitzGerald of the First Part the Right Honourable Lady Adelaide Jane Frances FitzGerald of the Second Part and the Right Honourable Lord Frederick FitzGerald and Thomas Francis Crozier of the Third part the will of the said Gerald FitzGerald dated the 9th August 1914 and duly proved in the Principal Registry of the High Court of Justice in Ireland King's Bench Division (Probate) on the 27th July 1916 but free from all other incumbrances AND WHEREAS the said lands tenements hereditaments and premises described in Parts I and II of the Schedule hereto are (together with other adjoining lands) commonly known as Johnstown Castle and Demesne and The Settlor and the said Maurice Victor Lakin are desirous of presenting the same to the Nation as a free gift discharged from the said jointure rent charge (which is secured on other property of ample value) AND WHEREAS the Government of Éire have duly intimated their willingness to accept the said gift on behalf of the Nation and it has been agreed that the said lands tenements hereditaments and premises should be conveyed and assigned by The Settlor and the said Maurice Victor Lakin to the Minister to be held subject to the provisions and conditions hereinafter contained NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the premises the Settlor as Settlor as to the portions of the premises hereby assured to which she is entitled as aforesaid doth hereby Grant unto the Minister and the said Maurice Victor Lakin as Settlor of the residue of the said premises to which he is entitled as aforesaid doth hereby Grant unto the Minister ALL THAT AND THOSE part of the lands tenements hereditaments and premises known as Johnstown Castle and Demesne situate in the Barony of Forth and County of Wexford and more particularly described in the First Schedule hereto and delineated in the Map annexed hereto and therein surrounded by a red verge line. TO HOLD the same unto The Minister To the use that the said Maurice Victor Lakin and his heirs shall for ever hereafter enjoy the exclusive right for them or any of them of Shooting Fishing Fowling and Sporting over the said lands or any part thereof AND ALSO To the use that The Settlor her heirs and assigns and the said Maurice Victor Lakin his heirs and assigns may for ever hereafter pass and re-pass on foot or with vehicles along the Ways marked Brown on the Map hereto annexed leading to The Private Family Burial Ground from the Public Highway And Subject thereto To the use of The Minister in fee simple subject to the proviso for avoidance herein after contained AND ALSO SUBJECT to all Easements or Rights in the nature of Easements (if any) now affecting the same whether the same are vested in the Public or in private persons and to the intent that the said Lands tenements hereditaments and premises hereby assured shall henceforth be discharged from the said jointure Rent Charge of £600. per annum limited to the Settlor as aforesaid.
AND THIS INDENTURE FURTHER WITNESSETH that in further pursuance of the said Agreement and for the consideration aforesaid The Settlor as Settlor DOTH HEREBY in the name of The Settlor and the said Maurice Victor Lakin assign to The Minister
ALL THE ESTATE AND INTEREST of The Settlor in the Lands Tenements and hereditaments described in Part II of the said Schedule hereto
TO HOLD the same unto the Minister for all the estate and interest of The Settlor therein subject to the said yearly rent of £1 : 12 : 10 AND ALSO SUBJECT to the proviso for avoidance hereinafter contained
AND THIS INDENTURE FURTHER WITNESSETH AND IT IS HEREBY FURTHER AGREED AND DECLARED that the said lands Tenements Hereditaments and Premises hereinbefore conveyed and assigned shall henceforth be known and described as JOHNSTOWN CASTLE AGRICULTURAL COLLEGE and the said Name shall not be hereafter changed And that the said property shall be used by The State exclusively for the purposes of a Lay Agricultural College and for no other purpose whatever And that the District Jubilee Nurse at Rathaspick for the time being shall have the right to reside in the Gate Lodge at Rathaspick delineated on the said Map hereto annexed and thereon coloured Green free of rent rates and taxes and that the obligation of paying the said rates and taxes (if any) and maintaining and keeping in good order repair and condition the said Gate Lodge for the purposes aforesaid shall be a charge upon the said premises hereby conveyed and assigned other than the said Gate Lodge.
AND IT IS HEREBY FURTHER AGREED AND DECLARED that it is the true intent of these premises that shooting fishing fowling and sporting over the lands hereby assured or any part thereof hereinbefore reserved to the said Maurice Victor Lakin and his heirs shall be enjoyed by him and them as a personal right to be enjoyed by himself them selves and his and their guests only and the same shall not at any time or times hereafter be assigned or sublet to any other person or persons whatsoever.
AND IT IS HEREBY FURTHER AGREED AND DECLARED that subject as aforesaid the said lands tenements hereditaments and premises shall be vested in The Minister free from all restrictions as to the user thereof
AND IT IS HEREBY ALSO AGREED AND DECLARED that these Presents are 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 purposes aforesaid within such period or such further period as The Settlor may in writing agree to these Presents and every thing herein contained shall be void and of no effect.
IN WITNESS WHEREOF the Settlor and the said Maurice Victor Lakin have hereunto put their hands and affixed their seals and The Minister has caused his Official Seal to be affixed hereto the day and year first herein WRITTEN. | |
SIGNED SEALED AND DELIVERED by the said Dorothy Violet Jefferies in presence of:— | /SIGNED |
SIGNED, SEALED AND DELIVERED by the said Maurice Victor Lakin in presence of | |
PRESENT when the Official Seal of the Minister was hereunto affixed and was authenticated by the signature of:— |
SCHEDULE REFERRED TO.
PART I.
P.L.V. | |||||||||||||
Townland | Electoral Division | Barony | County | Area | Lands | Buildings | Tenure | ||||||
A. | R. | P. | £ | s. | d. | £ | s. | d. | |||||
Twentyacres | Rathaspick | Forth | Wexford | 57 | 0 | 6 | 39 | 15 | 0 | — | Fee Simple | ||
Staplestown (Morgan). | ” | ” | ” | 21 | 2 | 10 | 14 | 5 | 0 | — | ” | ||
Rathaspick | ” | ” | ” | — | — | 1 | 0 | 0 | ” | ||||
” | ” | ” | ” | — | — | 1 | 0 | 0 | ” | ||||
” | ” | ” | ” | — | — | 1 | 0 | 0 | ” | ||||
Rathlannon | ” | ” | ” | 146 | 3 | 20 | 105 | 5 | 0 | — | ” | ||
Redmondstown | ” | ” | ” | 21 | 1 | 22 | 9 | 5 | 0 | — | ” | ||
” | ” | ” | ” | 100 | 0 | 37 | 78 | 8 | 0 | — | ” | ||
Kildavin Lower | ” | ” | ” | 101 | 1 | 32 | 62 | 13 | 0 | — | ” | ||
Kildavin Upper | ” | ” | ” | 100 | 1 | 37 | 54 | 10 | 0 | — | ” | ||
Knock | ” | ” | ” | 23 | 1 | 10 | 20 | 0 | 0 | — | ” | ||
Kildavin Lower | ” | ” | ” | 0 | 0 | 32 | 0 | 5 | 0 | 3 | 5 | 0 | ” |
” | ” | ” | ” | 1 | 3 | 16 | 0 | 13 | 0 | — | ” | ||
Johnstown | ” | ” | ” | 280 | 3 | 13 | 245 | 5 | 0 | 90 | 0 | 0 | ” |
” | ” | ” | ” | — | — | 20 | 10 | 0 | ” | ||||
Fortyacres | ” | ” | ” | 65 | 0 | 19 | 50 | 5 | 0 | 10 | 0 | 0 | ” |
Churchtown | ” | ” | ” | 61 | 3 | 10 | 58 | 10 | 0 | 0 | 10 | 0 | ” |
Redmonstown | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 26 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 1 | 0 | 8 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 31 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
Twentyacres | Rathaspick | Forth | Wexford | 0 | 3 | 38 | 0 | 15 | 0 | 1 | 10 | 0 | Fee Simple |
” | ” | ” | ” | 0 | 3 | 25 | 0 | 15 | 0 | 1 | 15 | 0 | ” |
” | ” | ” | ” | 1 | 0 | 4 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | 0 | 3 | 28 | 0 | 15 | 0 | 1 | 10 | 0 | ” |
” | ” | ” | ” | Derelict house. | — | — | — | ||||||
PART II | |||||||||||||
Quanstown | Rathaspick | Forth | Wexford | 0 | 1 | 0 | 0 | 5 | 0 | 4 | 0 | 0 | Lease—date unknown. Rent £1 12s. 10d, per annum. |