Incumbered Estates - 1856 Sale of Derryreel East & West, Clondahorky

 

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In the Court of the Commissioners for Sale of Incumbered Estates in Ireland

County of Donegal

In the Matter of the Estate of Henry Hart, Esq. Owner: Exparte George Vaughan Hart, Esq. Petitioner

Continued in the Name of George Vaughan Hart, Owner and Petitioner

Rental

Maps, and Particulars of Sale

of Part of the

Fee-Simple and Freehold Estates,

of the Said

George Vaughan Hart,

Situate in the

Baronies of Kilmacrenan and Ennishowen West,

In the County of Donegal

To be Sold, in Five Lots,

By the Commissioners for Sale of Incumbered Estates in Ireland, at their Court, 14, Henrietta-street, Dublin,

On Tuesday, the 8th day of April, 1856, at the hour of Twelve o'Clock at Noon.

Proposals for sale by Private contract can be forwarded to Messrs Perrin & Pollock, Solicitors, for Petitioner, having the carriage of the Order for Sale, up to the 1st day of March, 1856, and same will be submitted by them for the approbation of the Commissioners.

For Rentals and further Particulars apply at the Office of the Commissioners, 14, Henrietta Street, Dublin; to George Valughan Hart, Esq. the owner, Kilderry, Londonderry; to Messrs. Perrin & Pollock, Solicitors for Owner and Petitioner, 90 Harcourt Street, Dublin; to John Irwine

Whitty, I.E.D., C.E. 15, Henrietta-street, Dublin; or to Samuel Sproule, Esq., Ramelton

 

Descriptive Particulars and Conditions of Sale

This property, consisting of the following Townlands, viz. Derryreel East, Derryreel West, Erryroemore, Meincooleysheskin, Kinnego, and Rooskey, is situate in the County of Donegal.

The lands of Derryreel East and West, Erryroemore, Meincooleysheskin, and Rooskey, in the Dunfanaghy Union, and Barony of Kilmacrenan, are held in fee, not subject to quit or crown rent.

The Townlands of Derryreel East and West, are within about 5 miles of the port of Dunfanaghy, and consist partly of Arable and pasture land of a good description, also some Mountain Land of Superior quality, with an abundant supply of turbary for the tenantry. There is an excellent site for a Corn or Flax Mill on the lands of Derryreel West, which can be well supplied with water from the beautiful Trout Lough on that portion of the estate. The leases on this part of the property (as set out in the rental) were made by Capt. John Hart, to whom the lands were let and leased, when he as anxious to increase his political influence in the county, and enable his tenantry to register as £10 freeholders. On the expiration of those leases, there is no doubt this property will be greatly increased in value.

It has generally been the rule, in the management of the Hart property, to re-value and re-let the entire property on the expiration of the leases, the tenants from ear to year being treated in the same way as the leaseholders, which will account for the very few lettings to them. Acting on this system, the next re-letting of the property would take place in the year 1857.

The "Map of Derryreel, 1833" hereto annexed, shows the boundaries of the land actually demised by each lease, the numbers on this map being the numbers referred to in the leases as shortly stated in the Rental. The other Map of the same townlands marked as "Dr. Whitty's Survey", hereto also annexed, shows the land now in the actual occupation of each tenant, whether holding from year to year or by exchange with some of the other tenants.

The lands of Derryreel East and West will be sold subject to the leases referred to in the Rental, without regard to the altered occupation of the land demised thereby ascertained by Dr. Whitty's Survey.

The Townland of Erryroemore, within 4 1/2 miles of Dunfanaghy, bounded on the West by the Atlantic Ocean, consists of a good clayey arable soil, and as it adjoins the sea shore, an abundance of sea weed can be easily obtained at a very trifling expense, valuable both as manure and in the manufacture of kelp which is carried on extensively, and exported to the Iodine manufacturies in Glasgow.

A small Salmon stream separates this townland from the property of Wybrants Olpherts, Esq.

The Townlands of Rooskey and Meincooleysheskin, situate within about 7 miles of Dunfanaghy, and 14 of Letterkenny, and close to the high road leading to Letterkenny, are also of a good description or arable and pasture land.

The townland of Kinnego, in the Innishowen Union, Barony of Innishowen West, and County of Donegal, is held under a lease for ever, bearing the date the 8th day of October, 1618, from (the then) Lord Arthur Chichester, at a yearly rent of twenty shillings, and is within 3 miles of the town and port of Buncrana (on Loughswilly), and 12 or 13 miles of Derry, and consists of a good arable and pasture land. There is a good site for a mill on this portion of the property also, with an abundant supply of water from the river which forms the northern boundary of the townland. There is also an abundance of turbary.

The manufacture of Linen is increasing in this part of Ireland, and many of the tenants have been accustomed to the Loom.

The roads are of a first-rate description in the portion of the County, where this property is situate, leading to the Sessions Towns of Letterkenny, Donegal, and Londonderry. These towns afford excellent markets for the sale of the Farm and other produce from the estate.

During the failure of the potatoe and other crops, there was no occasion for any abatement whatever to be made to the tenants on this property, and the rents have been well paid.

Lot 2

No Tenant's Name Quantity Yearly Rent Gale Days Tenure
    A R P £ s. d.    
  Derryreel East
  Situate in the Barony of Kilmacrenan, and County of Donegal, held in Fee, containing 786a 0r. 37p. statute measure, according to Dr Whitty's survey, subject to  £3 16s. 6d. probable amount of Tithe rent charge, and producing a nett rental of  £70. 3s. 3d. Not subject to Quit or Crown Rent.
1 McGarvey, William (Manus McFadden, Representative) 9 0 7 3 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John hart, Esq. to William McGarvey, for life of King William the 4th, or 21 years from 1st November, 1835. By this

lease the quantity of land demised is stated to be 7 acres, Cunningham measure, and reserves to the lessor, his heirs and assigns, all manorial

rights and privileges, and all mines, minerals, &c. turf logs, timber, and trees, &c. being or to be on said premises, and all marl, gravel, sand

pits, &c. and all royalties, &c. with liberty of ingress, &c. during said demise for lessor, his heirs and assigns, and all persons authorized by him

or them respectively, with workmen, servants, horses, carriages, and all necessary tools and materials to dig, search for, raise, fell, cut, and

manufacture and carry away same, on and through any part of said premises, other than and exceot dwelling-houses and also all game, wild

fowl, fish, rabbits, &c. with full liberty for said lessor, his heirs and assigns, and all persons having his or their authority to hunt, hawk, fish, and

fowl, on said premises at all seasons, and also reserving to lessor, his heirs and assigns, his heirs and their agents, &c. full and free liberty to

enter upon said premises with workmen, horses and carriages at all times and seasons for all other purposes, and to make roads, &c. allowing

compensation not exceeding 4 per acre : usual clauses between landlord and tenant, proviso for forfeiture of lease if lessee assigns, aliens, or

acts without consent, or if he becomes bankrupt or insolvent. Covenant by lessee, his heirs executors and administrators, not to commit waste

and to scour ditches, drains, &c. Power for lessor, his heirs, &c. to enter and view etc. and to repair if necessary and distrain for amount.

Covenant by lessee, his heirs, etc. to do suit and service, etc. to imbarm grain on premises, not to injure game, fish, or timber, or permit others

so to do, and to give notice to lessor of any trespass and permit lessor to prosecute. No dwelling-house other than necessary for residence of

tenant to be built, and no out-house to be occupied as a dwelling-house without consent. Agreement that said lessee should give three days

labour of man and horse, yearly when required. 

2 McGee, Brian (Manus McFadden, Representative) 23 0 6 4 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Bryan McGee, for 21 years from 1st November, 1835. By the lease the quantity of land demised is

stated to be 19a. 2r. 3p. Cunningham measure, and also contains the same reservations as in lease of No 1

3 McGinley, Manus 17 2 35 2 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

4 Sweeney, James 40 1 20 8 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

5 McFadden, Cornelius 23 3 17 3 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Cornelius McFadden, for life of King William the 4th, or 21 years from 1st November, 1835. By the

lease the quantity of land demised is stated to be 17a. 2r. 10p. Cunningham measure, and contains same reservations as in Lease of No 1

6 McClafferty, John 18 0 35 6 10 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to John McClafferty for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 13a. 1r. 30p. Cunningham measure, and contains same reservations as in Lease of No 1

7 Doohan, Roger (Patrick Doohan, Representative) 4 0 24 3 15 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Roger Doohan, for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 6a. 1r. 8p. Cunningham measure, and contains same reservations as in Lease of No 1

8 McFadden, James (Charles McFadden, Representative) 9 0 7 2 10 3 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to James McFadden, for life of King William the 4th, or 21 years from 1st November, 1835. By the

lease the quantity of land demised is stated to be 6a. 1r. 27p. Cunningham measure, and contains same reservations as in Lease of No 1

9 McFadden, Ferrigle (Denis Gallagher, Representative) 23 0 17 4 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Ferrigle McFadden for 21 years from 1st November, 1836. By the lease the quantity of land

demised is stated to be 13a. 1r. 20p. Cunningham measure, and contains same reservations as in Lease of No 1

10 Harkin, Patrick 13 0 11 4 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Patrick Harkin for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 10a. 0r. 19p. Cunningham measure, and contains same reservations as in Lease of No 1

11 Curroran, James (Edward McFadden, Representative) 10 2 15 2 3 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to James Curroran, for life of King William the 4th, or 21 years from 1st November, 1835. By the lease

the quantity of land demised is stated to be 9a. 2r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1

12 McFadden, Michael (Thomas McFadden, Represntative) 10 2 15 3 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Michael McFadden for 21 years from 1st November, 1836. By the lease the quantity of land

demised is stated to be 9a. 2r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1. The rent reserved is £6 0s. 0d.,

but has been permanently abated to £3 0s. 0d., as stated

13 Harkin, Owen (Edward Harkin, Representative) 34 0 0 3 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Owen Harkin for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 24a. 1r. 1p. Cunningham measure, and contains same reservations as in Lease of No 1

14 McGarvery, John 57 0 0 4 10 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to John McGarvey for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 34a. 0r. 13p. Cunningham measure, and contains same reservations as in Lease of No 1

15 Gallagher, Patrick (Teague McFadden, Representative) 25 3 22 1 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

16 McCashland, Hugh 19 2 12 0 15 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

17 Ferry, Charles 19 3 30 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

18 McFadden, James 22 3 26 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

19 McFadden, Ferrigle 32 2 31 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

20 Curren, Cormick 20 0 0 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

21 Ferry, Daniel 21 1 0 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

22 Carroll, Patrick 30 1 15 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

23 McFadden, Ferrigle 47 1 30 2 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

24 McClafferty, Shane (Hugh Harkin, Representative) 42 2 11 6 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Shane McClafferty for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 30a. 2r. 17p. Cunningham measure, and contains same reservations as in Lease of No 1

25 Ferry, Edward 18 2 33 1 5 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

26 McClafferty, James 11 2 3 0 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

27 Ferry, Daniel 22 0 28 1 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

28 Ferry, James 7 2 8 0 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

  Unoccupied Mountain 143 3 33          
  Water (part of Lake) 5 3 26          
  Total 786 0 37 73 19 9    
  Deduct probable amount of Tithe rent charge       3 16 6    
  Nett Rental       70 3 3    
  Poor-law Valuation £82 10s. 0d.                
                   
  Derryreel West
  Situate in the Barony of Kilmacrenan, and County of Donegal, held in fee, containing 738a 1 r. 16p. statute measure, according to Dr Whitty's survey, subject to  £6 18s. 0d. probable amount of Tithe rent charge, and producing a nett rental of  £76. 12s. not subject to quit or crown rent.
1 McCue, Patrick (Charles McHugh, Representative) 10 0 24 3 3 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Patrick McCue for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 7a. 3r. 6p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

2 McFadden, John 36 0 38 5 3 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to John McFadden for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 21a. 3r. 14p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

3 McNeal, Neal (John McFadden, Representative) 17 1 24 3 10 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Neal McNeal for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 13a. 3r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

4 McSwine, William 16 1 30 4 10 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to William McSwine for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 19a. 1r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

5 Gallagher, James 16 3 0 3 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to James Gallagher for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 12a. 1r. 16p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

6 James Martin (Widow McCollig, Representative) 10 0 9 2 5 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to James Martin for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 14a. 0r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

7 Doherty, Denis (Michael Doherty, Representative) 22 2 36 5 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Denis Doherty for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 17a. 2r. 22p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East

8 McConagly, Teague 25 0 5 6 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Teague McConagly, for life of King William the 4th, or 21 years from 1st November, 1835. By the

lease the quantity of land demised is stated to be 18a. 2r. 7p. Cunningham measure, and contains same reservations as in Lease of No 1 of

Derryreel East.

9 McConnomy, Daniel (James Sweeney, Representative) 17 1 29 5 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Daniel McConomy, for life of King William the 4th, or 21 years from 1st November, 1835. By the

lease the quantity of land demised is stated to be 13a. 1r. 36p. Cunningham measure, and contains same reservations as in Lease of No 1 of

Derryreel East.

10 McClafferty, John 9 0 24 3 15 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

11 Martin, Patrick 7 2 35 3 9 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Patrick Martin for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 7a. 1r. 20p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East. The rent reserved is £4

4s., which has been permanently abated to sum stated.

12 McFadden, Ferrigle 20 2 17 3 5 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

13 McGinly, John 48 3 21 5 0 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to John McGinly for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 34a. 3r. 38p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

14 McClafferty, Noher 19 2 17 2 15 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

15 Gallagher, Charles 26 2 4 3 10 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Charles Gallagher for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 19a. 1r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

16 Sweeny, James 9 1 14 1 5 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

17 McClafferty, Daniel 15 0 35 2 15 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Daniel McClafferty for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 12a. 0r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

18 McClafferty, Edward (John McCollig, Representative) 15 0 35 2 15 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Edward McClafferty for 21 years from 1st November, 1836. By the lease the quantity of land

demised is stated to be 12a. 0r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

19 McClafferty. Charles 15 0 29 2 15 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Charles McClafferty for 21 years from 1st November, 1836. By the lease the quantity of land

demised is stated to be 12a. 0r. 0p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

20 McClafferty, Manus 15 0 29 2 15 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Manus McClafferty for 21 years from 1st November, 1836. By the lease the quantity of land demised

is stated to be 12 acres, cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

21 Gallagher, Hugh (Widow Gallagher, Representative) 33 3 10 3 5 0 1st May & 1st Nov

Lease dated 1 Nov 1836, John Hart, Esq. to Hugh Gallagher for 21 years from 1st November, 1836. By the lease the quantity of land demised is

stated to be 22a. 0r. 2p. Cunningham measure, and contains same reservations as in Lease of No 1 of Derryreel East.

22 McClafferty 67 3 14 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

23 McFadden, James 44 1 33 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

24 Ferry, Neal 39 2 17 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

25 McClafferty, James 4 2 6 0 5 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

26 Ferry, James 25 1 4 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

27 Sweeny, Michael 33 0 39 0 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

28 Curren, Michael 17 1 19 1 0 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

29 Curren, Michael 27 0 8 1 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

30 Curren, Noher 44 0 7 1 10 0 1st May & 1st Nov

Tenant from year to year, tenancy determinable 1st November in each year.

  Water (part of Lake) 17 1 4        

The originals of landlord's part of tenants' leases will be handed to purchaser

  Total 738 1 16 83 10 0    
  Deduct probable amount of Tithe rent charge       6 18 0    
  Nett Rental       76 12 0    
  Poor-law Valuation £96. 10s.                
  Several of the tenants' leases on this Lot will expire in Nov. 1856, and the remainder in Nov. 1857, when a considerable increase my be expected

 

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