Johnstown Castle Agricultural College Act, 1945

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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.

SCHEDULE REFERRED TO.

PART I.