Land: CORK, In the Matter of the Estate of Michael ROBERTS [Lot3] Owner and Petitioner : Cork Ireland Genealogy Projects Archives Land Index Copyright Contributed by C.Hunt & M. Taylor _________________________________________________________________________ Rentals and Particulars Lands and Houses, the Property of the Owner in this Matter Situate respectively in the County and City of Cork and in the near said city THE PREMISES COMPRISED IN THE ORDER FOR SALE IN THIS MATTER CONSIST OF THE FOLLOWING DENOMINATIONS IN THE CITY OF CORK Houses and dwellings at Prince's Street; Part lands of Knockanemore; Bride (flour) mills & premises, Barony of East Muskerry; [Lots 1 & 2] Carrigaline Mills and mill lands; Part of town of Carrigaline; Lands of Beaver (otherwise Coolmiller); [Lot 3] Part of lands of Kilnagleary called Boherbuy, Barony of Kerricurrihy; Parcels of lands of Kilmoney, Parish of Tracton ----------------------------------------------------------------------------------------------- [Edited & Condensed where possible] ---------------------------------------------------------- LOT 3 Rental of Lands and Mills known as the CARRIGALINE FLOUR MILLS situate in the Barony of Kerricurrihy, County of Cork, held under Two leases for three lives renewable for ever all the Lives living. _________________________________________________________________________________________ RENTALS Gale Days 25th March and 29th Sept. DENOMINATION TENANTS' NAME YEARLY RENT 1] The Carrigaline Mssrs. Andrew £243 0s. 0d. Mills and Mill SAVAGE and Joseph Lands Abraham HAYNES Wellington SAVAGE 20a 0r 0p Yard and Premises No. 30, PRINCES-ST. 1a] Part of Lands of Ditto Moonroe under Mill-race 2a 1r 13p and small plot at head of same. 2b] Small plot or parcel of Ditto the Lands of Beaver. TENURE OF LEASE: [SAVAGE] Lease dated 1st July, 1857 by William Poulter ROBERTS, Mary ROBERTS, and William HEAZLE to Messrs. Andrew and Joseph Savage, All that the several parts and parcels of the Lands of Carrigaline and Beaver on the map on said lease. Two mills erected thereon for many years occupied and worked by said Michael ROBERTS for grinding corn and making flour together with the mill, water-wheels and all other gear and machinery, erected and being in and upon the said mills, and the yard, store and mill houses and the small road or passage leading from the upper mill to the Ballea Road, and the 3 dwelling-houses on the Lands of Carrigaline, and the garden immediately adjoining the said mill premises; all said premises for some time in the possession previously in the possession of Mssrs. SAVAGE; and also the small plot or strip of ground part of the Lands of Moonroe situated at the head of the mill stream and weir, colored yellow, with full and free liberty of and use of the mill stream, or race, running from the demised mills as it stands now through said Lands of Carrigaline and also those parts in the possession of the Lands of Moonroe which are respectively in the possession of Ralph Michael BUSTEED WESTROPP; James JEFFORDS; and Edward DALY, together with such rights and privileges as granted to Michael ROBERTS and W.P. ROBERTS. Covenant reserving to the Lessors the old weir at foot of Kilmoney, across the river Ownabuoy, where after thereby agreed not at anytime thereafter erect nor make use of for any purpose whatsoever. And also to the Lessors and assignees the hunting fishing liberties which said lease that said Michael ROBERTS hold for the term of 700 years at annual rent of £243 sterling' [Following are condensed Covenants in this lease, also applying to Heirs, assignees, &c.] Covenant by Lessors that they and assignees would maintain said dwelling-houses and mills, and the machinery and every part of thereof, water-wheels, gear water-course and weir, and make all required improvements as stated in lease dated 18th June 1851. Lessors agrees to Lessee's rights to enlarge or widen the dock at the lower mill, on the Lands of Beaver providing they commit no willful damage and will maintain same if good repair at their own expense. Also covenant that it should be lawful for the Lessees &c. during the term and at convenient times with horses and carts be able to go through and upon the banks of said mill-race for the purpose of cleansing or repairing the same, or the embankments thereof, providing no unnecessary damage waste or obstruction is committed to lands, premises or property of the several tenants thereon. Also covenant allowing said Lessees &c, in common with said Michael ROBERTS, the Petitioner, &c. and their undertenants during the said term, to land and ship but so as to the same should be done without any unnecessary delay or deposit of same thereon all goods, wares and merchandise for use of said Mills, houses occupied; from the Quay opposite Mount Rivers house, called Middle Quay, repairing any damages if caused. Also upon and from said Quay called Captain ATKIN'S Quay situate rere of the lower mill and store upon the Lands of Beaver free of any charge for quayage by the said Michael ROBERTS &c. Clause to allow all mentioned above the rights to make improvements at their own expense and grinding of corn and grain costs free up to a yearly 15 tons, at the convenience of the Lessees. Cause of surrender at the end of every third year upon giving 6 months notice, leaving the Mills and lands in good repair and tenantable condition. OBSERVATIONS; The extensive and Well known Upper and Lower Carrigaline Mill are upon this Lot. with very superior water power and ample storage and out offices, good residence for the Proprietor, his Miller and Workmen, Gardens &c. and the whole in excellent order, situate in the centre of a good corn-growing country, adjoining the Post Town of Carrigaline about 7 miles from the City of Cork and with water carriage nearly to the Mills. The land is all good on a Limestone bottom. The rent reserved is well secured. 2] A Dwelling house Richard William £4 0s. 0d. Village of HILL. Rep. of Carrigline Richard KELEHER TENURE OF LEASE: [HILL For KELEHER] dated 21st October, 1848 from Michael ROBERTS to Richard KELEHER for 100 years from 29th September, 1848 at the rent of £12 sterling, containing a clause for the tenants to fine down the rent to £4 sterling of which he availed and the rent is fined down to £4 now payable for the remainder of term. OBSERVATIONS; None ------ 3] Part of Carrigaline Denis COVENY £3 0s 0d (Mill Lands) 0a 3r 1p TENURE OF LEASE: [COVENY] From Michael ROBERTS to Denis COVENY dated 23rd May, 1857 for 85 years from 25th March, 1857 at rent of £3 0s 6d sterling OBSERVATIONS: None ------ 4] Ditto Benjamin ATKINS £3 0s 6d 0a 3r 1p TENURE OF LEASE: [ATKINS] From Michael ROBERTS to Benjamin ATKINS dated 23rd May, 1857 for 81 years from 29th September, 1857 at rent of £3 0s 6d sterling OBSERVATIONS: None ------ 5] Ditto John HOGAN £3 15s 6d 0a 3r 1p TENURE OF LEASE: [HOGAN] From Michael ROBERTS to Benjamin ATKINS dated 26th May, 1857 for 81 years from 29th September, 1857 at rent of £3 15s 6d sterling OBSERVATIONS: None ------ 6] Ditto John FITZGERALD £10 8s 0d 2a 1r 21p TENURE OF LEASE: [FITZGERALD] From Michael ROBERTS to John FITZGERALD dated 30th May, 1857 for 91 years from 29th September, 1857 at rent of £10 8s 0d sterling. OBSERVATIONS: None ------ 7] Ditto John CARROLL £4 10s 6d 0a 3r 1p TENURE OF LEASE: [CARROLL] From Michael ROBERTS to John Carroll dated 3rd June, 1857 for 81 years from 29th September, 1857 at rent of £4 10s 6d sterling. OBSERVATIONS: None ------ 8] Ditto William MAHER £12 0s 0d 7a 3r 24p TENURE OF LEASE: [MAHER] Agreement for Lease between Michael ROBERTS and William MAHER dated 2nd April 1857 for 100 years from 29th September, 1857 at rent of £12 sterling. OBSERVATIONS: None ------ 9] Ditto, fields James JEFFORDS £32 10s 6d 21a 0r 30p TENURE OF LEASE: [JEFFORDS] Tenancy from year to year ending 29th day September, each year OBSERVATIONS: None ------ 10] Ditto, fields Robert JEFFORDS £28 17s 6d 16a 1r 9p TENURE OF LEASE: [JEFFORDS] Tenancy from year to year ending 29th day September, each year OBSERVATIONS: None ------ DESCRIPTIVE PARTICULARS AND CONDITIONS OF SALE [Edited & Condensed where possible] Portions of above called and distinguished as "The Mill Lot". originally estimated as containing 2a 2r 1p of Plantation measure, held under lease dated 28th March, 1806 made by Michael O'BRIEN to William ROBERTS for 3 lives, with covenant for perpetual renewal at the yearly rent of £30 late Irish, equivalent to £18 9s 3d on the fall of each life, reserving to the then Earl of Shannon, &c. all mines, minerals, quarries and royalties whatsoever as in the lease from said Earl of Shannon (under which the Lessor derived) particularly mentioned. Land and Premises described as 'That part of the lands of Carrigaline, whereon a mill was then intended to be built upon the River Annabuoy, in the Barony of Kinalea (error for Kerricurrihy) and county of Cork, containing 2a 2r 1p of Plantation measure, as set up in Map drawn. A renewal executed 5th July, 1837 by Edward O'BRIEN, the son of the above named Lessor, in whom the reversion is therein recited to have been then vested, to Michael Roberts, for the lives of Eugene M'Swiney, son of Jeremiah M'Swiney, Merchant, William Colburn Bennett, now of the City of Cork, Solicitor, and William Frend, son of George Culloden FREND: all three are living. The original lease of 1806 is not forthcoming, but the deed of renewal of 5th July, 1837, fully recites it, and contains all the original covenants between Lessor and Lessee, and a Map of the demised premises, and will be handed to the purchaser. The other portion of above said lands known as 'The Mill Lands' originally estimated to contain 69 acres 1 rood and 35 perches, dated 20th April 1806 by Michael O'BRIEN to William ROBERTS for three lives with covenant for perpetual renewal of yearly rent of £198 18 10d late Irish payable 25th March and 29th September with a renewal fine of £6 2s 5d on the fall of each life, reserving to the then Earl of Shannon, &c. all mines, minerals, quarries and royalties whatsoever as in the lease from said Earl of Shannon under which the Lessor derived. The small piece or parcel of ground coloured green, No 1-6 on map on which the angle of the Mill stands is part of the Lands of Beaver. The Lands of Beaver consisting of the east plowland of Carrigaline computed to contain 300 acres English Statute measure and the middle plowland as same containing 450 acres, English Statute measure, and upon which are valuable improvements. are held by virtue of a grant in perpetuity executed by Robert Hedges Eyre WHITE to Robert ATKINS, by indenture dated 22nd March 1856 at the yearly farm-fee rent of £121 17s 7-1/2d payable half-yearly. And the portions of said lands of Beaver included in the Lot will be sold subject to the said rent, but indemnified against it by the remainder of the lands comprehended in said grant of perpetuity dated 22nd March, 1856, pursuant to the covenant of lease dated 22nd August 1825 for quiet enjoyment of the Lands contained therein free of rent. The particulars of this deed are set out on page 17 of this rental. The small piece of land at the head of the mill stream, marked 1a and the portion of Mill-race on map are parts of the lands of Moonroe containing 167a 3r 4p held by owner under lease dated 8th October 1791, from Thomas DORMAN and Stephen DORMAN for 3 lives renewable for ever; of which several renewals were executed the last of which dated 3rd February 1841 by Robert Hedges Eyre WHITE to Michael ROBERTS for the lives of Elizabeth FREND, George Culloden FREND and William Poulter ROBERTS at the yearly rent of £131 12s 4d sterling and a renewal fine of £23 1s 6-1/2d upon the fall of each life. The portions of said lands of Moonroe will be sold subject to the said rent, and renewal fine, but indemnified against it by the remainder of the lands comprehended in said lease dated 3rd February 1841, vested in the owner and for sale of which remainder of said Lands an absolute order has been made in this matter, but they are not included in this Lot. A copy of the renewal will be will be given to the Purchaser The Mill stream or race flowing to the Carrigaline Mills, runs through the portions of the above described Lands of Carrigaline stated to be in the possession of the owner and of James JEFFORDS and Robert JEFFORDS and also through the holdings under Owner Michael ROBERTS on the adjoining Lands of Moonroe; of Ralph M.B. WESTROPP, Esq and Thomas DAWLY &c. and their workers at seasonable times to enter and come into and upon the lands, paying reasonable compensation for any losses incurred. The lease from William ROBERTS to Thomas DAWLY dated 30th April, 1825 contains the following proviso: That the said Thomas Dawly, his heirs, assignees &c. shall not and will not at any time during the said estate hereby granted, stop or impede the free passage of the water or mill-race running through the demised premises. That it shall be lawful for the said William ROBERTS to maintain the breadth and width of the said waters, as well as embankments. Penalties are stated for infractions of the above mentioned provision. The said lease made to Messrs. SAVAGE above recited, dated 1st July 1857 will be delivered to the Purchaser. The lease dated 21st October 1848 from Michael ROBERTS to Richard KELEHER and those to Denis COVENY, Benjamin ATKINS, John HOGAN, John FITZGERALD, John CARROLL and the said agreement of William MAHER will be handed to the Purchaser. The Purchaser will not be at liberty to require evidence of the several of the Lessor's titles in the above mentioned lease or any of them, nor to object to by reason of any incumbrance affecting the same because said Leases are subleases. _________________________________________________________________________________________ Source: Vol. 3, FHL# 0258795 Encumbered Estates - County Cork.