Land: CORK, In the Matter of the Estate of Henrietta Georgiana Marcia CHATTERTON and Others Owners ex parte Charles Douglas HALFORD Petitioner Ireland Genealogy Projects Archives Land Index Copyright Contributed by C.Hunt & M. Taylor _________________________________________________________________________ In the Court of the Commissioners for the Sale of Incumbered Estates in Ireland CITY OF CORK RENTALS & PARTICULARS OF; Lands in the County of Cork and Ground, Dwelling Houses and Premises in the City of Cork TO BE SOLD BY THE COMMISSIONERS, AT THEIR COURT, NO. 14 HENRIETTA STREET IN THE CITY OF DUBLIN ON TUESDAY THE 1st day of December, 1857 at the hour of 12 o'Clock NOON _______________ ABRAHAM THOMAS CHATTERTON, Solicitor for the Petitioner, 8 INN'S QUAY, DUBLIN; and 49 South Mall, Cork ------------------------------------------------------------------------------------ Printed for the Offices of Frederick A. KLEIN, C. E. by John CROWE, 19 Cook Street, Cork _____________________________________________________________________________________ GRIFFITH'S VALUATION OF THIS LOT IS £38 15s 0d DESCRIPTIVE PARTICULARS OF LOT No. 1 [Edited and Condensed where possible] Plot of ground , houses and premises situate in Paul Street and Brown Street in the Parish of Saint Paul, City of Cork held in fee-simple, at the Yearly Farm rent of £12 late currency; £11 1s 6d., present currency AND Houses and premises in Coleman's Lane in the Parish of Saint Peter, Cork; held under lease for lives renewable for ever - Yearly £8 0s 0d, late, equivalent to £7 7s 8d. present currency. ______________________________ RENTAL -- LOT No. 1 GALE DAYS 25th March and 29th September DENOMINATIONS TENANTS NAME YEARLY RENT 1] Houses and George GIBSON £13 0s 0d concerns, No. 58, 59 and 60 Paul Street NATURE OF TENANCY: [GIBSON] LEASE dated 26th NOV. 1844 by Sir William CHATTERTON to George GIBSON for the term of 100 years, from 29th Sept., then last past containing the usual covenants between Landlord and Tenant. -------- 2] House and premises Henry KEATINGE £12 0s 0d No. 61 Paul Street and 21, 22 Brown St NATURE OF TENANCY: [KEATINGE] LEASE dated 25th March. 1852 by Sir William CHATTERTON to Henry KEATINGE for the term of 400 years, from date of said lease containing the usual covenants between Landlord and Tenant. -------- 3] House and premises Henry KEATINGE £4 0s 0d No. 57 Paul Street NATURE OF TENANCY: [KEATINGE] Tenancy year to year, determinable 29th September each year. covenants between Landlord and Tenant. -------- 4] Store and Premises Bernard Jonas £4 10s 0d No. 23 Brown Street ALCOCK NATURE OF TENANCY: [ALCOCK] LEASE dated 17th Dec. 1849 by Sir William CHATTERTON to Bernard Jonas ALCOCK for the term of 900 years, from 29th Sept., then last past containing the usual covenants between Landlord and Tenant. -------- 5] Part of Store and Premises Bernard Jonas £0 10s 0d No. 23 Brown Street ALCOCK NATURE OF TENANCY: [ALCOCK] Agreement dated 27th March. 1850 by Sir William CHATTERTON and Bernard Jonas ALCOCK for a lease for the like term containing the usual covenants between Landlord and Tenant as in said Lease of other Premises held by Bernard Jonas ALCOCK. -------- 6] Houses and Premises John George GIBBINGS £7 7s 8d in Coleman's Lane, in Parish St. Peter City of Cork NATURE OF TENANCY: [GIBBINGS] LEASE dated 23rd April 1856 by Henrietta Georgiana Marcia CHATTERTON and Sir James Charles Chatterton to John George GIBBINGS for the term of 100 years, from 25the March, then last past containing the usual covenants between Landlord and Tenant, and a covenant by John George GIBBINGS to pay all rates and taxes on the premises so as to save the Lessors from all City taxes, Poor Rates, Income Tax or any other tax whatever. ___________________________________________________________________________________________ MORE DESCRIPTIVE PARTICULARS AS TO LOT 1 [Edited and Condensed where possible] The premises in Paul and Brown Streets are held by virtue of Fee Farm Grant thereof, dated the 12th day of February, 1704 - executed by Warham JEMMETT to John ESCOURT; All that and those: a piece of ground in Brown Street on the North East Marsh, Cork, extending in length from the holding of Elias LOFTUS, on part of said JEMMETT'S on the North, to the street leading to the City, on the south. Eastern side - 65 feet - Western side - 90 feet - and in breadth from Brown on the East to land of John HANAN on the West, containing 56 feet at the North end and 57 feet at the South end, be the same more or less, as the same was then enclosed, which said lease contains a clause of distress in case the rent should be in arrear for 15 days after rent due. In the ground of foregoing lease there have been erected several houses and a store, being 57, 58, 59, 60, and 61 Paul St. and Nos. 21, 22, and 23 Brown St. The premises in Coleman Lane held by lease dated 25th June 1763 executed by Francis PENROSE to Thomas CROFTS for a term of three lives, covenant for perpetual renewal at yearly rent of £8 0s 0d,late currency payable half-yearly with the required renewal fees and fines. The premises are in the North West quarter of the City of Cork and Parish of St, Peter, in front to Coleman's Lane 41 feet - depth at the East end - 41 feet, 6 inches; at the West end 43 feet - bounded as follows: to the South with Coleman's Lane, to the west with Alexander HOSKINS' concerns; to the East with Francis PENROSE'S concerns and on the North Thomas HILLGROVE'S concerns, the East and West being party walls. Lease contains usual covenants as well a clause imposing a penalty per month on the Tenant for not renewing. The last renewal of said lease dated 7th Sept., 1830 executed by Charles AUSTEN TO Sir William CHATTERTON, the lives named in said last mentioned renewal being John AUSTEN Charles AUSTEN, the younger and George FITZSIMMONS, all 3 believed to be in being. ------------------------------------------------------------------------------------------- CONDITIONS OF SALE AS TO LOT No. 1 The purchaser shall not be entitled to require evidence of the title of the Grantor or Lessors in the Fee Farm Grant of 12th February, 1704, Lease 25th June 1763, and renewal of 7th September, 1830, or either of them, to make the same or any of them respectively, nor object by reason of any incumbrance affecting them or any or either of their Estate or Interest. _________________________________________________________________________________________ INTRODUCTORY OBSERVATIONS - AS TO LOTS 2. 3. & 4 [Edited and Condensed where possible] By indenture of lease dated 4th February, 1784, James BERNARD demised unto James CHATTERTON, the premises comprised LOTS 2. 3, AND 4, which were described as All That and Those the Town and Lands following: the Plowlands of Ballinfellick containing by estimation, 550 acres plantation measure, more or less, situate Barony of Muskerry and County of Cork, the same as formerly held by Jonathon BUSTEED, and then by James CHATTERTON, and his undertenants at the yearly rent of £47 late currency, payable half-yearly 25th March and 29th September. This lease contains the usual Covenants between Landlord and Tenant, and covenant for liberty for the tenants of the Lands of Billerough, Moneygorme and Ballymorrohow, to cut turf from the Bog of Ballinfellick, in case such bog then existed. A fee farm grant of premises has been obtained (pursuant to the renewable Leasehold Conversion Act) dated 28th April 1854, from the Right Hon. James EARL of Bandon, to Sir William Abraham CHATTERTON, Bart., at the yearly rent of £43 7s 8d, British, equivalent to the yearly rent of £47 late currency, over and above all Chiefrys, Crown Rents, Quit rents, Taxes, Charges and payments of what nature or kind soever, save only the Landlord's proportion of Poor Rates. LOT No. 2 will be sold subject to the payment of the entire Head Rent of £43 7s 8d, payable out of Lots Nos. 2, 3 and 4, under the Lease dated 2nd October, 1784, and Fee Farm Grant dated 28th April, 1854 in indemnification of Lots No. 3 and 4, and each of said last lots will be sold indemnified by Lot 2 against Rent. The purchaser or purchasers of these several lots shall not be entitled to require evidence of the title of the Lessor or Grantor in lease dated 2nd October and Fee Farm Grant 28th April, 1854 or either of them, to make the same or any of them respectively, nor object by reason of any incumbrance affecting their or either of their Estate or Interest. The original lease of 2nd October, 1784 and Fee Farm Grant of 28th April, 1854, will be handed to prischaser of Lot 2, and the purchasers of Lots 3 and 4 will be entitled to compared copies of Lease and Grant respectively and the Purchasere of Lot 2 will be bound to covenant in such manner as the Commissioner shall direct for the production of said original Lease and Fee Farm Grant. _______________________________________________________________________________________ DESCRIPTIVE PARTICULARS OF LOT No. 2 [Edited and Condensed where possible] Part of the Lands of Ballinfellick, in the Parish of Dunderrow, Barony of East Muskery and County of Cork containing 322a 0r 19p held in Fee Simple, subject with Lots 3 and 4, to the yearly Fee Farm rent of £43 7s 8d producing a yearly profit rent £67 18s 6d ________________________________________________________________________________ RENTAL -- LOT No. 2 GALE DAYS 25th March and 29th September DENOMINATIONS TENANTS NAME English Measure YEARLY RENT MAP 2a] Part of the Lands Benjamin BARTER 27a 0r 2p £12 0s 0d of Ballinfellick NATURE OF TENANCY: [BARTER] Lease dated 28th February 1858 granted by Henrietta Georgiana Marcia CHATTERTON and Sir James Charles Chatterton to Thomas BARTER for the term of 60 years, from 25th March, then next containing the covenants between Landlord and Tenant. -------- 5] Part do. Thomas SULLIVAN 72a 0r 9p £40 0s 0d NATURE OF TENANCY: [SULLIVAN] Tenancy year to year - determined 25th March each year -------- 6] Part do. Owen KEEFE 93a 2r 10p £40 0s 0d NATURE OF TENANCY: [KEEFE] Tenancy year to year - determined 25th March each year ------ 8] Part do. Owen LYNCH £25 0s 0d NATURE OF TENANCY: [LYNCH] Tenancy year to year - determined 25th March each year -------- 9] part do. Timothy LYNCH 62a 2r 14p £10 0s 0d NATURE OF TENANCY: [LYNCH] Tenancy year to year - determined 25th March each year ------------------------------------------------------------------------------------- Noted: By the Lease dated 13th August, Lot No. 3, granted to James Chatterton to Thomas BARTER, there is granted to the tenant liberty of conveying water in the same channel through which it usualy had been, and then was conveyed unto the Mansion House of the demised premises. Said water then ran and still runs through partof the lands comprised in this lot and this lot will be sold subject to such liberty and right of tenant of Lot 3. __________________________________________________________________________________________ DESCRIPTIVE PARTICULARS OF LOT No. 3 [Edited and Condensed where possible] Part of the Lands of Ballinfellick, in the Parish of Dunderrow, Barony of East Muskery and County of Cork containing 114a 0r 0p held in Fee Simple, subject with Lots 2 and 4, to the yearly Fee Farm rent of £43 7s 8d producing a yearly profit rent £35 1s 6d ________________________________________________________________________________ RENTAL -- LOT No. 3 GALE DAYS 25th March and 29th September DENOMINATIONS TENANTS NAME English Measure YEARLY RENT MAP 2a] Part of the Lands Benjamin BARTER 114a 0r 0p £35 1s 6d of Ballinfellick NATURE OF TENANCY: [BARTER] Lease dated 17th June 1783 granted by James CHATTERTON Thomas BARTER. the younger, for the term of 900 years, from 26th March, then last for rent of £38 late currency, containing the covenants between Landlord and Tenant and a clause giving tenant liberty to cut turf on the North Bog of Ballinfellick, for use on the premises and liberty of conveying water in the same channel as usual, and for liberty to James CHATTERTON, executors, administrators and assigns to cut and carry away trees of the demised premises. Lease demises 111a 0r 23p statute measure. The foregoing premises together with Lots. 2 and 4 are under lease dated 4th February and fee farm grant dated the 28th April, 1854, mentioned in the description of Lot 2. This lot will be sold indemnified by Lot 2 against the head rent of £43 7s 8d payable out of Lots 2, 3 and 4. The purchaser of this lot will be entitled to compared copies of lease of 2nd October 1784 and fee farm grant of 28th April 1854. The counterpart of the lease of 17th June 1783 will be handed to the purchaser. The tythe rent-charge on this lot is payable by the tenant. There is not now any Turf Bog on the lands of Ballinfellick same having been long since reclaimed. ____________________________________________________________________________________ DESCRIPTIVE PARTICULARS OF LOT No. 4 [Edited and Condensed where possible] Part of the Lands of Ballinfellick, in the Parish of Dunderrow, Barony of East Muskery and County of Cork containing 290a 1r 36p held in Fee Simple, with Lots 2 and 4, at the yearly Fee Farm rent of £43 7s 8d producing a yearly profit rent £102 16s 11d ________________________________________________________________________________ RENTAL -- LOT No. 4 GALE DAYS 25th March and 29th September DENOMINATIONS TENANTS NAME English Measure YEARLY RENT MAP 2] Part of the Lands Benjamin BARTER 28a 0r 13p £15 9s 8d of Ballinfellick NATURE OF TENANCY: [BARTER] LEASE dated 28th February, 1857 by Henrietta Georgiana Marcia CHATTERTON and Sir James Charles Chatterton to Thomas BARTER for the term of 60 years, from 25the March, then next containing the usual covenants between Landlord and Tenant. The foregoing premises together with Lots. 2 and 3 are under lease dated 2nd October,1854 and fee farm grant dated the 28th April, 1854, mentioned in the description of Lot 2. This lot will be sold indemnified by Lot 2 against the head rent of £43 7s 8d payable out of Lots 2, 3 and 4. The purchaser of this lot will be entitled to compared copies of lease of 4th February,1784 and fee farm grant of 28th April 1854. The counterpart of the lease dated 28th February, 1857 will be handed to the purchaser. --------------------------------------------------------------------------------------- GENERAL DESCRIPTIVE PARTICULARS LOTS No. 2, 3, & 4 [Edited and Condensed where possible] These lands of Ballinfellick are within eight miles of the City of Cork, and about two miles from the Railway Station at Ballinhassig. and for the purpose of this sale, have been divided into three Lots. Lot 2 comprizes the Western portion of the Townland. Lot 3 forms the Southern Portion of the Townland. The land in parts prime arable and pasture. There is a house and extensive offices upon this lot and the Tenant has considerable interest. Lot 4 forms the Eastern portion which the greater part of this land is good arable, well situated and the marshy portions could easily be drained there being every facility for the purpose. The foregoing premises are well worth the attention of purchasers as with a moderate outlay in draining they would be considerably enhanced in value. All the Lots are well circumstanced as to access, being divided from each other by public roads which bound each lot on two sides. There is a good supply of water for irrigation. --------------------------------------------------------------------------------------- CONDITIONS OF SALE AS TO LOTS Nos. 2, 3, & 4 The purchaser or Purchasers of said several lots shall not be entitled to require evidence of the title of the Grantor or Lessors in the Fee Farm Grant of 28th April 1854 or the Lease of 2nd October, or either of them, to make the same respectively, or any of them nor object by reason of any incumbrance affecting them or any or either of their Estate or Interest. Lot 2 and three have the other conditions listed: Purchaser of Lot 2 entitled to custody of Original Lease of 2nd October 1784 and the Fee farm grant with instruction by the Office of the Commissioners to provide copies to all purchasers pertaining to the individual purchase. ___________________________________________________________ Source: FHL# 0258795 Encumbered Estates - County Cork.