Land: CORK, In the matter of the estate of THOMAS HILLGROVE MAYBURY and GEORGE WATERS, Junior, Assignee of John NEWTON MORIARTY, an Insolvent, 1859 Ireland Genealogy Projects Archives Land Index Copyright Contributed by C.Hunt ___________________________________________________________________ City of Cork and Killarney, in the county of Kerry In the matter of the estate of THOMAS HILLGROVE MAYBURY and GEORGE WATERS, Junior, Assignee of John NEWTON MORIARTY, an Insolvent, and SARAH MAYBURY and MICHAEL BARRY, her Trustee, or some or one of them......Owners Michael John RUTTLE.......Petitioner Rental of houses and premises situate on the South of CHURCH-YARD LANE, [LOT 1] in the Parish of Saint Mary's, SHANDON, and North suburbs of the CITY of CORK, held for a residue of 990 Years, from the 25th day of MARCH 1845, and a Plot of Ground in the NEW STREET in the TOWN of KILLARNEY, and COUNTY of KERRY, [LOT 2] with the Houses thereon, and appurtenances thereunto belonging, held under Fee-farm Grant, bearing date the 3rd MAY 1758, TO Be Sold In Two Lots By The Landed Estates Court ... on 10 November 1859 For RENTALS and further particulars, apply at the Office of the Landed Estates Court, 14 Henrietta Street, Dublin; to MICHAEL JOHN BUTTLE, Solicitor having the carriage of the Sale, 13 Arran Quay, Dublin and 3 Glentworth Street, Limerick; MICHAEL JOSEPH COLLINS, Esquire, Solicitor, 43 South Mall Cork; and CHARLES McCARTHY, Esquire, New Street, Killarney. ____________________________________________________________________ [Full 'Observations' of Lease entered after Descriptive particulars] LOT 1 - Parcel of Ground and Buildings thereon situate on the South of CHURCH-YARD LANE, and North Suburbs of the City of Cork held for residue of term of term, from 25th of March 1845. DENOMINATIONS TENANT'S NAMES DESCRIPTION OF HOLDING TENANT'S TENURE CHURCH-YARD Lane in the North Suburbs of the City of Cork. Mrs. Mary Byrne Dwelling House £8 6s 2d and premises Lease bearing date the 1st May/1st Nov. 18th day of March, 1812, made by Thomas HILLGROVE, Peter DUMAS, and Susanna MAYBURY, to Richard NEWTON for 504 years, to be computed from the 1st day of November, then last, at the yearly rent of £9, OT No. 1 (Continued.) of the then currency, being Ditto Mrs. Mary Byrne Dwelling House Lease bearing date the £11 1s 6-1/2d and concerns 18th day of March, 1812, 1st May/1st Nov made by Thomas HILLGROVE, Peter DUMAS, and Susanna MAYBURY, to Richard NEWTON for 500 years, to be computed from the 25TH OF November, then last, mARCH,at the yearly rent of £12, late currency, being equal to £11 1s 6-1/2d present currency. Ditto Mrs. Mary Byrne Ditto Tenant from year, tenancy £9 4s 2d determinable on the 25th 29th Sept./25th Mar. of March in each year Ditto James Harding Ditto Tenant from year, tenancy £12 10s 0d ending on the 25th 29th Sept./25th Mar. of March in each year Ditto Cornelius Lynch Ditto Tenant by the month at £18 0s 0d £1 10s 0d per month, rent last day of each month payable monthly tenancy, ending on the last day of each month. Ditto Mrs. Mary Byrne A small celler Tenant from year to year, £0 10s 0d or shed tenancy ending on the 1st day of Nov. each year. __________________________ DESCRIPTIVE PARTICULARS The Premises comprised in this Lot are held under an Indenture of Lease, bearing date the 17th day April, 1751, made between John Rogerson, then of Little Island, in the County of Cork, Esquire, of the one part, and Thomas Hillgrove, then of the City of Cork, Merchant, of the other part, whereby the said John Rogerson demised unto said Thomas Hillgrove, ALL THAT AND THOSE the ruinous houses, and piece and parcel ground with all the houses, buildings, and improvements, made thereon,on the South side of Church-yard Lane in the Parish of Saint Mary's, Shandon, and North suburbs of the City of Cork, containing in front to the said Lane 91-1/2 feet on the East, from the said Lane backwards 92-1/2 feet, and in depth on the South, 86-1/2 feet, in the West, from the street backwards 53-1/2 feet, be the same, more or less, to hold for the term of 990 years, from the 25th day of March, 1845, at the yearly rent of £20 10s 0d, of the then Irish currency, equal to £18 18s 5.1/2d, present currency. payable on every 25th day of March, and 29th day of September. These premises are situated near the Butter Weigh-house, and are extremely valuable for business purposes. _____________________________ OBSERVATIONS: Column next to Mrs. Mary Byrne as 1st tenant This Lease contains a covenant to keep in repair (casualties of fire, war and rebellion only excepted) also a covenant in case the present North-Weigh house shall cease to be used as such, or that the public place for weighing butter in the North suburbs of said City of Cork, shall be removed from Church-yard Lane to Mannix street, in said North suburbs, then the yearly sum of £2 part of said reserved yearly rent should cease and the rent in such case to be £7, (of the late currency) only. and which £7 should be in lieu and satisfaction of said yearly rent of £9 (late currency) provided the value of said dwelling houses and premises, shall,in consequence of such removal, be reduced in the yearly sum of £2 or upwards and not otherwise; and in case any difference respecting such such reduction shall arise the same should be submitted to the award of two merchants residing in the City of Cork, one to be appointed by each party with power to such arbitrators to call in an umpire, also a covenant that the lessee may at the end of seven years from the 1st day of November then last, and also at the end of every seven years to be computed from seven years to seven years, surrender the premises, by first giving to the lessors, or leaving at their last or usual place of abode six months previous notice in writing, delivering up the premises in tenantable order, repair and condition, the casualties aforesaid excepted. The landlords part is not forthcoming but a copy compared with the original in tenants possession will be handled to the purchase. OBSERVATIONS: Column next to Mrs. Mary Byrne as 2nd tenant This Lease contains similar covenants as in No. 1, to keep in repair (casualties fire, war and rebellion, only excepted) and for reduction of £2 late currency of the reserved yearly rent in the events therein mentioned with like covenant for arbitration and also a similar covenant for the surrender of the premises. OBSERVATIONS: Column next to Cornelious Lynch as 3rd tenant All Taxes which are supposed to amount to about £5 yearly are allowed out of the rent payable by this tenant.