TerenceDooley

The mortgagepapers of St Patrick'sCollege, Maynooth,1871-19231

Introduction On 1 January1871, under the terms of the Irish Church act of 1869,2 St Patrick's College,Maynooth, received a capitalsum of£369,040 in compensationfor the withdrawalof the annual parliamentary grant of £26,360 that had been set under theMaynooth act of1845.3 Much to thedelight of the then president, Rev C. W. Russell,4the trustees would 'no longer[be] subject to officialcontrol, nor liable to be madethe occasion of unseemly exhibitions in Parliament'but would have the powerto independentlyadminister the entireproperty, 'subject to one sole condition,the equitableone of applyingthe proceeds[of endowment] to the properpurposes of the trust'.5In otherwords, the capitalsum investedwould have to providean annual returncomparable (at least)to the previousannual grantin orderto safeguardthe financialrunning of the college,of whichthe trustees,the only legally constituted religious corporation in Ireland,were now thelegal proprietors.6 Backin October1870, the trustees had alreadyresolved that the bulk of the lumpsum shouldbe investedin 3 percent stock or consols'unless a betterand equallysecure investment should be available'.7But thenfollowed a periodof uncertaintywhen the trusteesbecame concernedabout possible legislative restrictionsthat they might be subjectto in regardto how and wherethey invested the lump sum. After prolonged investigationby their legal representatives,it was ascertainedthat the trusteeswere not legallyobliged to investin governmentstock or bankstock of the Bank of Englandor theBank of Ireland.This was deemedfortunate, as Indiastock and realsecurities in anypart ofBritain or Irelandseemed a moreenticing option.8 Thus, after the money was receivedin March1871, almost £150,000 was investedin India 4 per centand

1 1 would like to thankMonsignor P. J.Corish forallowing me to quote fromthis archive.Thanks also to Ms PennyWoods, Ms Celia Kehoe and Mr Paul Hoaryfor being so patientand cooperativeduring all my visitsto the Russell Libraryof St Patrick'sCollege, Maynooth. 2 32 & 33 Viet.c.42. 3 The lump sum also included an additional£3,236 in interestadded because of the delay in payment;P. J. Corish,Maynooth College1795-1995 (Dublin, 1995), p. 29; see also JohnHealy, Maynooth College, 1795-1895 (Dublin, c. 1899). 4 CharlesW. Russell (1812-80)was born in CountyDown. He enteredMaynooth in 1826 and was ordained in 1835.He became presidentof the college in 1857,having servedas professorof EcclesiasticalHistory since 1845. He was a prolificwriter, a trusteeof the NationalLibrary, a foundingmember of the Historical ManuscriptsCommission but, P. J.Corish points out, is 'best rememberedfor his role in the conversionof JohnHenry Newman'; Corish, MaynoothCollege, p. 483. 5 Reportof thepresident [of St Patrick'sCollege] 1875-76,p. 12. 6 Ibid.; Corish,Maynooth College, p. 179. 7 Trusteesjournal, 19 Oct. 1870 (MCA, B2/1/1). 8 Financialreport for the year ended 31 March1874, p. 7. 106

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5 percent stocks, and £116,000 in a varietyof other 3 percent stock. However, the bursar'sreport for 1871-72 suggested that investment in India stockwas of a 'temporarycharacter' and thatin the near futurethe trusteeswould have to considertheir conversion into other securities. The financecommittee agreed thatIndia stocksuited only the immediateexigencies of the college:annual dividendswere veryfavourable, but the factmat the stockwould only be redeemableat par (atbest) in 1880suggested to them that they needed to be sold beforethe period of redemption so as to avoid'running the risk of loss fromthe depreciationof value'.9 Therewas one otherenticing investment avenue to be explored- mortgage loansto Irishlandlords. From about 1853, as theIrish economy developed and the spectreof the GreatFamine diminished, landlords had borrowedextravagantly. Irishland had once again become safe collateral:many tenant farmers were prosperingas a resultof the rise in agriculturalprices, they were paying their rentsin fulland on time,and - exceptduring a temporarydownturn in theearly 1860s - lendinginstitutions and privatefinanciers were confident that the good timeswere going to continuelong intothe future.10It was notlong, therefore, beforethe trusteesbegan to contemplatethe financialadvantages of lending moneyto Irishlandlords. In April1871, the trusteesoffered almost £91,600 at 4.25 per cent to GeorgeArthur Hastings, the seventhearl of Granardof Newtownforbesin CountyLongford.11 (A secondloan of £2,200 was givento Granardto paythe legal costs of acquiring the first loan.) There are a numberof possiblereasons why the trustees perceived Granard to be an idealcandidate: he was a RomanCatholic, which was in itselfunusual amongst the Irish aristocracy; he possessedthe necessary elitist social credentials; he was a knightof the Order of Malta;and he had builtup a close relationshipwith many of the leading ecclesiasticsof his time.The financecommittee was delightedwith this transfer ofinvestments from stocks to land:

Such advantageousopportunities for investment on land rarelyoccur and fortunatelyfurnish us withthe means of disposing of all ourIndia stock at a profitof £3,160 on costof purchase. . . the securitytendered is aboveall

9 Bursar'sfinancial statement for year ended 31 Mar. 1872 (MCA, B3/10/2). 10 Fora moredetailed discussion,see TerenceDooley, The declineof the big house in Ireland:a studyof Irish landed families 1860- 1960(Dublin, 2001), pp. 79-111; see alsoL P. Curtisjr., 'Encumbered wealth: landlord indebtedness in post- FamineIreland' in AmericanHistorical Review, lxxxv, 2, (April,1980), pp 332-67;W. E. Vaughan,'An assessmentof the economic performance ofIrish landlords, 1851-81' in F. S. L. Lyonsand R. A. J.Hawkins (eds),Ireland under the Union: varieties oftension (Oxford, 1980), pp 173-99;James S. Donnellyjr., The land and peopleof nineteenthcentury Cork: the ruraleconomy and theland question(London, 1975). 11 George ArthurHastings, seventh Earl of Granard(1833-89) K. P. succeededto thefamily title and estatesas a minoron thedeath of his grandfather,George, in 1837.His ownfather had died in 1836.He wasknighted bythe Order of Malta, a vice-administratorofConnaught, an officerof the 9th Battalion of the Rifle Brigade anda memberof the senate of the Royal University ofIreland. He marriedfirstly Jane, daughter and co- heiressof Hamilton Morgan of Johnstown Castle in CountyWexford. They had twodaughters before his wifedied prematurely. He marriedsecondly, the Hon. FrancesMary Petre, eldest daughter of the12th BaronPetre and they had six sons and two daughters. He diedon 25August 1889. His wifelived until 1920; Burke'speerage and baronetage (105th ed., London, 1970), pp 1153-4.

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exceptionand the annualincrease of thecollege revenues consequent on thisoperation would be considerable.12 The conclusionof the committee reflected the prevailing optimism in landvalues - thesecurity was 'aboveall exception'.In thelong term, it was tobe an optimism thatwas severelymisplaced, but in the meantime,the success of the existing mortgagesfavourably impressed the trusteesas the preferable(and potentially mostprofitable) form of investment for the future. By 1875, all ofthe India stock and overhalf of the 3 percent stock had been sold,realising £200,500, of which £183,100was re-investedin mortgageloans. This now broughtthe total investmentin thesame to almost£274,000 (Table1).13 In October1873 Blayney TownleyBalfour14 of Townley Hall in Louthhad received£25,000; in December 1873Myles William O'Reilly15 of Knockabbey,also in Louth,had received£6,000; in February1874 Alexander John Robert Stewart16 and his eldestson, Alexander GeorgeJohn Stewart, of Ards in Donegal (and Portglenonein Antrim)had received£55,000; in June1874 Valentine Lawless, Lord Cloncurry17 of Lyons in Kildare,had received£45,000, followed by two further loans of £25,000 each.18 Mortgageloans, according to the collegepresident, Rev C. W. Russell,were 'chieflyfor the purpose of transferring a portion of the college capital from a less profitableto a moreprofitable investment'.19 By 1874 the collegewas receiving £11,720in income frominterest on these loans and just over£2,700 from stocks.20The trustees,while realising the necessity of wise investment in orderto keepthe college running, were also keento providefree places or scholarshipsto less well-offcandidates for the priesthood. Thus, in 1875*he president pointed out thatthe re-investment of£40,000 government3 per cent stock in mortgageloans at 4.25 per centto LordCloncurry had represented'a favourableopportunity of effectingthis desirable result'.21

12 Financial reportfor the year endedp Mar. 1872,p. 6. 13 Reportof thepresident, 1875-76, pp. 30-31. 14 BlayneyBalfour was born in 1799 and succeeded to the familyestate at Knockabbeyin CountyLouth in 1856. In totalhe owned around 7,000 acres, primarilysituated in Louth and Meath, with lands also in Westmeath,Armagh, Tyrone and Down. He had been educated at Harrowand Oxfordand was a former governorof the Bahamas; JohnBateman, The great landowners of Great Britain and Ireland(4th ed., London, 1883),p. 23. 15 MylesWilliam O'Reilly (1825-80) was describedas havingdescended from a branch'of the ancientMilesian house of O'Reilly,princes of east Bryfny'.O'Reilly was invitedto Rome in thelate 1850sby Pope Pius IX wherehe tookcommand of the Irish Brigadein the pontificalservice. He leftRome in 1862 and on his returnhome he was elected as MP for Longford.He is describedby P. J. Coristias one of a number of Liberal M.P.s who were 'well disposed' to St Patrick'sCollege; Burke'sdictionary of the landed gentryof Great Britainand Ireland (London, 1858 ed.), p. 889; Sidney Lee (ed.), Dictionaryof national biography,vol. xlii (London, 1895), p. 200; Corish, MaynoothCollege, p. 176. 16 Address given as Portglenonein CountyAntrim, although he is most associated withArds, Letterkenny,County Donegal. Bornin 1827,Stewart inherited the familyestate of over44,000 acres in 1851;Bateman, Great landowners, p. 423. 17 Born 1840, ValentineLawless inheritedthe Cloncurrytitle and estate in 1869. He had been educatedat Eton. He became renownedas an agriculturistand an improvinglandlord, one of thosewho, in the post-Famineperiod, played an activerole in the day-to-daymanagement of his estate.He died in 1928; Bateman, The greatlandowners, p. 97; Dooley, Declineof the big house,p. 36. 18 See document1 below. 19 Reportof the president, 1875-76, p. 32. 20 Financialreport for year ended 31 Mar.1874, p. 11. 21 Ibid.,p. 10.

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Table1: Mortgageloans offered by the trustees of Maynooth College, 1871-4 Mortgagee Amount(£) Interestrate (%) Annualinterest (£) 1 EarlofGranard, 92,592 4^5 3,935.3.8 Casüeforbes, Co. Longford 2 TownleyBalfour, 25,000 4.25 1,062.10.6 TownleyHall, Co. Louth 3 MylesO'Reilly, 6,000 4.75 285 Knockabbey, Co. Louth 4 A. J.R. Stewart, 55,000 4.25 2,337.10.0 Portglenone, Co. Antrim 5 LordCloncurry, 45,000 4.25 1,912.10.0 Lyons, Co. Kildare 6 LordCloncurry 25,000 4.25 1,062.10.0 7 LordCloncurry 25,000 4.25 1,125.6.0 11,720.3.8 Source: Financialreport for year ended p Mar. 1&74,p. 11.

The termsof the loans were generally much the same. Most were taken out over a periodof up to twentyyears at 4.25 to 4.75per cent interest, if punctually paid; if notpunctually paid, a penalinterest rate of 5 percent was imposed.The principal remainedthe same overthe loan period,the stipulationbeing that it wouldbe paid offon theagreed date after the twenty years had elapsed.(Alternatively, the loancould be renewedfor a furtherperiod.)22 In November1879, Cloncurry wrote tothe trustees: 'Gentlemen, I hereby give you notice that I willon the28th day of November1880 repayto youthe principal sum of£25,000 secured by mortgage datedthe 19thday of June1874 on the lands of Ballyvoneenand othersin the Baroniesof Skeathyand Oughteranyin the Countyof Kildare/23And in the followingmonth, he made his futureintentions more clear when he wroteto FrThomas Farrelly,24 the college bursar: Dear Sir, Mysolicitor has givennotice 'pro forma' to MrCarraher [the college's solici- tor]of my intention to payoff the loan of£25,000 which I borrowedfrom thetrustees of your college at 4% percent upon certain lands in thebarony

22 Note appended to rentalof TownleyHall estate,n.d. (MCA, 107/5). 23 Lord Cloncurryto trusteesof MaynoothCollege, November 1879 (MCA, 112/4). 24 Thomas Farrelly(1814-90) was bornin CountyMeath and enteredMaynooth in 1837.In 1843 he became assistantbursar and then bursarin 1845. He retiredin 1881;Corish, Maynooth College, p. 455.

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ofSkeathy in Co. Kildare.I thereforewrite to tell you that I haveno wishto breakoff the financialarrangements which have been satisfactoryto me andwhich I hopehave been equally so toyour trustees, but it will be neces- saryfor me to makean alterationin one ofthe loans and itssecurity. The firstloan of^7O,ooo25 at 4% per centwas made forten years cer- tain,& I haveno wishto alterit, but you may remember that at thetime whenthe secondloan of ^25,000 at 4% per centwas beingnegotiated I mentionedto youthat I couldonly make it forfive years, because a great alterationwould take place withinthat time in the circumstancesof the landsincluded in thatmortgage. The rentalis now nearlythree times the amount then stated (owing to the fallof old leases) and I hope to borrowa muchlarger sum upon the securityof those lands. If yourtrustees have other sums readyto investI wouldbe gladto enterinto negotiations with them for a largerloan, or I wouldborrow the £25,000 as a newloan securedupon certaintownlands leavingme freeto deal withthe remainderof the lands as securityfor anotherloan elsewhere. In anycase I willnot enterinto any negotiations for a loan elsewhere withoutfirst knowing the viewsof yourtrustees upon the subject.The noticerecently given will not terminate for twelve months yet to come,but thereis nothingto prevent an earlierarrangement ifmutually agreed upon. Faithfullyyours, Cloncurry. Allthe mortgages were due tobe redeemedbetween 1879 and 1892.26Ironically, the periodbetween those veryyears proved to be cataclysmicin termsof a deteriorationin landlord-tenantrelations and a consequentialincrease in landlordindebtedness and tenanthardship caused bya prolongedagricultural depression,which gave rise to the Land League (1879-82); the laterestab- lishmentof the NationalLeague (formedin October1882); the Land War of 1879-82; the adoptionof the Plan of Campaignon overtwo hundredestates from 1885 to 1891 (or beyond in some cases); widespreadrent strikes; a significantincrease in evictionsand a generalrise in agrariancrime. The storyof the relationshipbetween the trusteesof the college and its mortgagorsas preservedin thesubstantial archive generated during these years, and now depositedin the RussellLibrary, St Patrick'sCollege, Maynooth, is a fascinatingand revealingone. It is a storyinextricably entwined with the socio- economicand politicaldevelopments of the late nineteenthand earlytwentieth

25 This was actuallytwo separate loans of £45,000and /25,00c See tableabove. 26 Severalother applicationsfor loans were made in theearly 1870s but were rejected by the finance committee as theydid notcome 'strictly within the class of securities suitable' to the trustees or else applicants were 'requiring an amountdisproportionate tothe value of the property'; Financial report for the year ended 31 Mar. 1872, p. 5.

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centuries.27It providesa remarkable,indeed unique, insight into the declining financialcircumstances of Irish landlords, as wellas intothe precarious position oftenant farmers, who, finding themselves between the rock and thehard place of rentalpayments or economicsurvival, organised themselves into agrarian movementsthat eventually forced the hands of both landlords and mortgagees. Whileestate papers can oftenreveal the plight of Irishlandlords during the late Victorianperiod, the mortgagepapers are one of the fewcollections that revealmuch about the tenants,particularly those on the Granardestates in Longfordand Leitrim.This is important,for they provide a necessarybalance to estatepapers and to othersources generated by the establishment. The lengthy Reportof the ClericalCommission (see document62 below),appointed in the early1890s to conferwith tenants of the unsold residue of the Granard estate, is significantin this respect.28A close analysisof this documenthighlights the levels of congestionon the estate and suggests the potentiallong-term consequencesthat the achievement of tenant proprietorship alone could not and wouldnot solve. The failureof the land actsup to independenceto addressthe problemof uneconomic holdings was a majorcontributory factor to the outbreak of the so-called'ranch war' of the earlytwentieth century and again in thelast significantphase of land agitation from 1917 to 1923.After the passing of the 1923 Land Act,29land policyin independentIreland was verymuch dictatedby the reliefof the type of congestion that existed around Drumlish and Castleforbes. As well as informingon tenurialarrangements, government valuation and rentlevels, the Maynooth mortgage papers, taken as a whole,contain a wealthof unwittingtestimony: nuggets that illuminate such matters as theimportance of Americanremittances to the local economy; the role of 'the great fair of Longford' in thelocal economy; the payment of annual rents; and the existence of a thriving spool factoryin Sligo in the late 1880s thatpurchased most of the timbersold fromthe Granard estate.30 Just as significantly,they throw light on an aspectof CatholicChurch history not oftenconsidered - the financialrunning of the nationalseminary after the passingof the IrishChurch Act. They provide an insightinto some of the underlying tensions that existed between members of the Catholichierarchy and, indeed, the awkward position in whichthe trustees found themselveswhen faced with a situationwhereby parish clergy were encouraging and organisingtheir predominantly Catholic and Nationalistcongregations to defylandlords and withholdrental payments, which in turnimpacted upon the latter's abilityto meet their financialobligations to the trustees,thereby threateningthe college's very existence.

27 The storyhas beenpartly revealed by this author elsewhere, including the relationship of thetrustees withthe earl of Granard in TerenceDooley, 'Landlords and mortgagees in latenineteenth-century Ireland: thecase ofLord Granard and thetrustees of Maynooth College, 1871-89' in Journal of the County Kildare ArchaeologicalSociety, 1998-99, vol. xviii (part iv), pp. 612-26. 28 See document68. 29 1923/42[I.F.S.] (5 Aug.1023). 30 See,for example, document 32.

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It is thecorrespondence between the earl of Granard, his legalrepresentatives and thecollege trustees and theirlegal representatives that is mostenlightening and mostvoluminous. It is forthat reason that this correspondence forms the mainfocus of this article. However, it would be unwiseto concludethat all ofthe mostinteresting and themost informative of the documents generated by both sides are reproducedbelow. Only a representativeselection is presentedhere, which, when arrangedin a chronologicalorder, allows the storyof the relationshipbetween the college trusteesand the Granardestate to unfold. Becauseof pressure of space, many illuminating and importantdocuments, such as schedulesof deeds, could not be reproducedhere. Whilethe Granard correspondence is themost voluminous and illuminating, thereare, of course,many other revealing documents in the mortgagearchive relatingto the otherestates. They emphasise that each of the mortgagorswas affectedin varyingdegrees, at one timeor another,by the socio-politicalevents and economictrends from the late 1870s. Thus, what follows in thisintroduction is a briefnarrative drawing upon these documentsin orderto providea frameworkthat will help to contextualisethe Granarddocuments. Where appropriate,some of these documentshave also been reproducedin full,in keepingwith the spirit of Archivium Hibernicum.31

I. Landlordborrowing in post-FamineIreland Fromthe mid-i85os, when the Irish economy began to recover from the effects of theGreat Famine, Irish Landlords borrowed extensively to consolidateinherited debts in one loan, to pay familycharges, to financethe remodellingor embellishmentof their existing houses and demesnesand, sometimes, simply to maintaina luxuriouslifestyle.32 Between 1862 and 1871A. J. R Stewartof Portglenone,for example, had acquiredsix loans: three from the Scottish National InsuranceCo. andthree from the Standard Life Assurance Co. Fourof these were acquiredbetween 1862 and 1864 suggestingperhaps that when the economy suffereda temporarydownturn during these years, and rentswere once again difficultto collect,he wentin searchof loans to gethim overthe bad times.In February1874, he secureda mortgageloan fromMaynooth and a monthlater, whendrawing it down, he instructedthe trustees as follows: Gentlemen, I requestyou to lodgethe £55,000for which this day I have executeda mortgageof myestates to youin thejoint names of Mr EdwardCarraher and MrRobert Lyle [Stewart's solicitor] to be disposedof by them thus: istly.To payyour solicitor's charges and expensesper agreementfor the loan of above sum datedthe 2nd dayof August1873 and thedifferential

31 In thetranscription of all documentscontained herein, I havegenerally adopted the IrishHistorical Studiesrules pertaining todocuments later in datethan the eighteenth century. However, I have tended not to correctspelling mistakes in theoriginal, preferring to use sicinstead. 32 Dooley,The decline of the big house,pp. 18-43.

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interestfrom the ist January last to the10th March inst[ant]. On said sum of£5,000 2ndly.To pay£20,000 to the ScottishNational Insurance Company and £15,000to theStandard Assurance Company and theinterest due on such sums and such bankcommission as maybe requiredfor the immediate paymentof the foregoing sums in Edinburgh. 3rdly.To paythe balance of the above sum of£55,000 to Mr RobertLyle for myaccount.33 In drawingup the arrangementsfor the loans, therewas a certaindegree of naivetyat bestand carelessnessat worston behalfof the trustees and theirlegal representatives.Arguably, searches regarding the levels of indebtednesson individualestates were not thorough or comprehensiveenough; there is, in fact, littleevidence to suggestthat they were carried out at all forthe earlierloans. Some mortgagorswere allowed to retain certaindeeds that subsequently facilitatedthem in raisingloans elsewhere, a temptationthat was muchtoo great forsome to resistas theeconomic climate waned in the1880s. Forthe trustees the raisingof subsequentloans becamehighly problematic, particularly when puisne mortgageesreceived priority over them.34In September1889, P-A. Chance,the new collegesolicitor, wrote to FrWalter Lee, parishpriest of Bray and secretaryto theboard of trustees: Dear Dean Lee, Some monthsago, Mr F. Brownesolicitor Dawson Street,acting for Mr Stewartof Ards[and Portglenone]wrote requesting me to producesome deedsin court.The deeds requiredwere executed by Mr Stewart- one of themwas a deedof settlement, dated 10th June 1873; the other a deeddated 27thFebruary 1874, modifying the settlement.On searchingamongst the papersat thebank, I foundthat the latter deed, which was executedjust beforethe mortgageto the trustees,was not in the box at the bank. I understandthat it has been permittedto remainin Mr Stewart'shands. I am boundto advise the trustees that this document directly affects the title to the lands subjectto the mortgage,and thatits absencemight prove a greatinconvenience. I should add thatif money were obtained by a pledge of thatdeed, a seriousquestion as to the priorityof the trustees'charge mightarise. I should add that Mr Stewart'ssolicitor alleges that Mr Carraherpermitted him to retainthe deed but no evidenceof this is forthcoming. YoursTruly, P. A. Chance.

33A. J.R. Stewartto thetrustees of Maynooth College, 9 Mar.1874 (MCA, 107/8); The balancecame to £19,700.34 In thecase of Granard, see document62 below.

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The levelof correspondencebetween mortgagors and trusteesfor the earlyto mid-i87osis unremarkable,composed mainly of receipts of payments and taxes, reflectingthe stabilityof the Irish economyand the relativeease thatthe individuallandlords had in meetingtheir financial obligations to the college. But, of course,the prolongedeconomic boom thathad givenrise to a greatdeal of optimismamongst landlords that the full and punctualpayment of agricultural rentswould in thefuture continue to sustainthe repayment of debts and charges was undoneby the onsetof agriculturaldepression from 1877. From 1879, me mass organisationof tenant farmers under die IrishNational Land League gave rise to widespreadrent strikesthroughout the country.In many instances, landlordsfound their tenants in oppositionand theythemselves castigated from publicplatforms, often regardless of whether or not they had been paternalistic or benevolentin thepast. From early 1881, the Granard estate became 'noted for its disturbedstate'.35 The earl refusedto grantthe requestedreductions from his tenants,who were efficientlyorganised by the parishpriest of Drumlish,Fr Thomas Conefrey,who headed the local Land League. In Januarythe earl threatenedto evict100 tenantsand in reaction'thousands' gathered outside his demesne,driving back his processservers and forcinghis agentto admitthat it would 'be impossibleto make any practicaluse of any decreesthat may be obtaineduntil things settle down'.36 In theshort term this phase of the 'land war in Drumlish'was regardedby Granard'srepresentatives as being nothing more thana pyrrhicvictory for the tenants: large scale evictions were carried out a short time later.37However, in the long term,the tenantsarguably won the war. Throughprolonged agitation they eventually forced Granard to sellthe bulk of his estateto the occupyingtenants, this 'victory' was longto be celebratedin local tradition,song and story,even giving rise to a centenarycommemorative booklet in 1981.38 Othersof the mortgagors or theirrepresentatives claimed that the economic crisisplaced them in a moraldilemma. One can decideto accepttheir sincerity orbe scepticalabout their intentions to exploitthe presumed Christian values of the hierarchy.In November1882, A. J.R. Stewart'ssolicitor, Edward Murphy, wroteto thecollege bursar, Fr Andrew Boylan:39 Rev& Dear Sir, The NorthernBank have informed me thatyou retain the official receipt for interestdue you by Mr Stewart,although they have remittedto you the usualamount.

35 A. W. Percivalto Fr O'Hagan, 25 Feb. 1891(MCA, 110/12). 36 F. M. Crozierto EdwardCarraher, 7 Jan. 1881(MCA, 109/3). 37 IrisnTimes, 14 Jan.1881; An Irish Priest[Fr Thomas Conefrey?],A shorthistory of the land war in Drumlishin 1881 (Dublin, 1892), pp 28-9, 51; Dooley, 'Landlords and mortgagees',p. 615. (Fr Conefreylater estimatedthat 300 familieswere evicted;see document43.) 38 Drumlishland war centenary,1881-1981: commemorative booklet (1981); see 'The land war in Drumlish'by 'The poet Higgins'in ibid.,pp 39-40. 39 AndrewBoylan (1842-1910) was born in CountyCavan. Ordainedin 1867,he became bursar in 1883. He resigned in 1887 to join the Redemptoristsand aftera distinguishedcareer as a missionary,he became bishop of Kilmorein 1907; Corish,Maynooth College, p. 443.

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I presumethat you retain the receipt in orderthat the penal interest may be charged.I trusthowever that considering the circumstances of the coun- tryand that I couldnot have obtained the money due toyou without unduly pressingthe tenantrythat your board will kindlyconsent to receivethe moneyas usual. Had I proceededagainst the tenantsI wouldhave put themto seriouscosts and injuredtheir prospects of the presentseason greatly.I am sureif my friend Dr Farrellyis stillconnected with your board thathe willexplain to youhow punctual this interest has alwaysbeen paid and it is moreon behalfof the poorpeople whom I shouldhave had to press,than in Mr Stewart'sinterest that I askyou this favour. I am Revand Dear Sir, FaithfullyYours, EdwardMurphy.40 As the documentsbelow clearlyillustrate, the firststage of the Land War certainlyinitiated long-term difficulties for Granard in regardto meetinghis interestrepayments to thecollege. The same was trueof the other mortgagors. In December1880, A. J.R. Stewart'ssolicitor, Edward Murphy, wrote to the bursar:

MyDear Sir, You willno doubtbe awarethat even in the northof Irelandthe tenants havecombined against paying their rents. I am satisfied,however, that so soon as theintentions of the legislature in referenceto theland question shallbecome fully known, this reluctance to pay will disappear; and I do not thinkit advisable,in thepresent state of the country, to resortto measures of coercion.Under these circumstances it occursto me to ask you ifyou willpermit the interest which will be due on theist proximo on theloan obtainedfrom your board to standover, without penal interest, until, say, theend of February. Yourcompliance with this request will much oblige. Trulyyours, EdwardMurphy.41 Initially,such requestswere favourably looked upon bythe benevolent Farrelly. He repliedto Murphy:

MyDear Sir, I havereceived your letter of yesterday's date. I fullyappreciate the grounds uponwhich you propose to letthe payment of the interest on istproximo to standover beyond your usual time of payment'until say the end of

40 EdwardMurphy to FrAndrew Boylan, 12 Nov.1882 (MCA, 107/8). 41 EdwardMurphy to Fr Farrelly,29 Dec. 1880 (MCA, 107/8).

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February'.Your paymentsto us have been uniformlyso prompt& so satisfactorythat I am verypleased to find that the payment may be deferred untilthe date named without incurring the liability to paypenal interest. Wishingyou many happy New Years. I remain, MyDear Sir, VeryFaithfully Yours, [Farrelly].«2 Whengovernment legislation arrived in theform of the land act of 1881, what was arguablyits mostsignificant enactment - the establishmentof the IrishLand Commissionwith the powers to setup courtsto adjudicateon fairrents - was of morebenefit to tenantsthan to landlords.43Fair rents invariably meant lower rents,which, in turn, defused much of the agrarianagitation that had characterisedthe Land War of 1879 to 1882.44It also furthercompounded mortgagor'sfinancial difficulties: some of Granard'stenants, for example, had theirrents reduced by up to 50 percent or more.45 Moreover, the establishment of theprinciple of dual ownershipundermined landlord authority. It restricted the likesof Granard'smovements regarding evictions and after1881 there were no moreclearances on his estate,although 'a largenumber of writs' were certainly issuedduring the late 1880s when the Plan ofCampaign was establishedon the estate.46Other landlords tried to pre-emptbeing brought before the courtsby carryingout their own valuations and comingto a privatearrangement with their tenants.Thus, in May1882, Caledon Dolling, agent to BlayneyBalfour of Townley Hall wroteto the bursar

MyDear Sir, It is usual at thisdate to pay you the halfyears' interest due Maynooth Collegeby Mr Balfour.Owing to my havingmade propositionsto the tenantsto have a valuationmade and whichvaluation has been slightly delayed,our valuator Mr Geo[rge]Taylor being so immenselyengaged that it'snearly impossible to gethim, and as I havesuch perfect confidence in his workand do notthink it advisableto haveany other person but would ratherwait, our rent days therefore cannot be nowbut I expectthey will be theend ofthis month. Am I askingtoo much if you will allow the payment to waittill the end ofthis month - it willconvenience me much- I have greathope thatI shallbe able to settlewith Mr Balfour'stenants but one

42 Copyletter from Fr Farrellyto EdwardMurphy (MCA, 107/8). 43 33 & 34 Viet.,c.xlvi (22 Aug. 1881). 44 FromAugust 1881 to December1902, the Land Commissioncourts dealt with342,019 cases wherethey fixedjudicial rents,on average,at almost 21 per centbelow theirprevious levels; A returnshowing according toprovinces and countiesthe number of cases in whichjudicial rentshave been fixed by all thematters provided by the Land Law Actsfor a firstand secondstatutory term respectively to 31 December1902 withparticulars as to acreage,former rents of holdings,and percentageof reductionsin rents,HC 1903, lvii. 91. 45 Longford Independent,11 Dec. 1886. 46 See document19. 116

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cannothurry it, so I shallbe much obligedif you will giveme the time required.47 As the economicdepression deepened and the collegecame underincreased financialpressure, Rev JamesFarrelly was replacedas bursarby the more business-likeFr Andrew Boylan. In September1882, Boylan wrote to Alexander Stewart*s agent, in replyto the latter's request for a furtherabatement of interest: Dear Sir, I beg to enclosememo of interest due to thetrustees of Maynooth College byA. J.R. Stewartesq[ui]re. I shallthank you to send me immediatelya chequefor same as verygreat inconvenience has beencaused to the college bythe non-payment ofthis money at the time it fell due. I wishfurther to statethat it will be impossiblefor us to meetheavy and pressingdemands unless you come promptly to ouraid. I needhardly say thatI regrethaving to write this letter but as themoney is longoverdue and especiallyas itis so muchneeded I couldnot act otherwise. I remain, Dear Sir, VerySincerely Yours, AndrewBoylan.48 The same year,in responseto the growingcrisis and as a concessionto beleagueredlandlords, the governmentpassed the SettledLand Act (Ireland) 1882,which acknowledged their need to sell offassets and outlyingestates in orderto meettheir charges. In the shortterm, the moniesreceived from such sales securedmuch needed cash. In the long term,of course,this began the processof stripping Irish country houses of their valuable contents, a process that was to continueduring the remainderof the nineteenthand throughoutthe twentiethcenturies. On behalfof Stewart, Frank Browne wrote to P. A. Chance:

Dear Sir, I thinkyou act for the trustees of Maynooth College; if so thetrustees hold a mortgagefor £55,000 on theestate of Mr Stewartof Ards; and ofcourse all ofhis titledeeds are depositedwith them. I am aboutto applyto theCourt of Chanceryfor an orderunder the SettledLand Act,giving Mr Stewart libertyto sellcertain plate and diamondswhich are settledas heirloomsby a deed ofre-settlement of10th June 1873; and a deed modifyingthe trusts thereofof 27thFebruary 1874. It willbe necessaryon thisapplication to have thesedeeds in court.Would you thereforekindly arrange with the

47 Caledon Dolling to RevAndrew Boylan, 3 May 1882 (MCA, 107/5). 4^ Copy letterFr AndrewBoylan to A. J.R. Stewart'sagent, 28 Sept. 1882 (MCA, 107/8).

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trusteesto obtain these deeds so thatyou can producethem when required, and as I am in a positionto makethe applicationat once, I shouldfeel obligedif youwould kindly lose no time.I understandthe trustees have alreadyexpressed to Mr Murphy,Mr Stewart'sagent, their readiness to assistin thematter. Of course your charges will be paid. Yoursfaithfully, FrankBrowne.49

Forabout two years after 1882, the levels of correspondence once again diminish, reflectingthe temporary recovery in theeconomy from 1882 to 1884, the effects of thefair rent fixing courts, the easing of agrarian tensions and thecontribution of theSettled Land Act of 1882. The mortgagorsbecame more optimistic. At the end ofJune 1883, Edward Murphy wrote to Farrelly:'I hopethis is thelast time I will haveto ask [for a postponement]for things are settling down'. He expecteda good harvestand renewedease in the collectionof rentsand so requestedthat the Stewartloan could be extendedbeyond 1884, the yearit was due to fallin.5° However,in 1885, the agrariancrisis was renewed.Once again, a mass movement,this time directed by the National League, grew in response.Its most potentweapon was the Plan of Campaign.51Those who orchestratedthe plan called forrent reductions on individualestates. If thesewere not grantedthe wholebody of tenants were to strikeagainst the payment of any rents and to pool theminstead into a commonfund to be used in theevent of landlord retaliation in the formof evictions.At local level,priests were very much to the fore.In March 1888, Philip Smyth,agent on the O'Reillyestate, who was having difficultiesgetting rents in on time'on accountof the organised opposition to the paymentof rent aided and assisted by influential parties',52 wrote to FrDonellan:53 Dear FatherDonnellan, I receivedyour letter of the ist inst before leaving [the] house. I nowenclose you [a] chequefor £137:15, the interest less £4:15income tax. You mayuse the chequewhen you please. I thankyou howeverfor saying you would holdit three days to suitmy purposes. I maywell exclaim 'save me frommy friends the college finance com- mittee'and some priestsdown here one ofwhom as presidentof a Land Leaguehas prevent(sic) a tenantoweing (sic) me 4% yearsrent to settleit and getan abatementof 4/ in the£ byengaging the Land League solicitor to defendhis case whichhe did by askingtime forpayment until the istinst.

49 Frank Browneto P. A. Chance, n.d. (MCA, 109/2). 50 Edward Murphyto Fr Farrelly,30 June1883 (MCA, 107/8). 51 See Laurence Geary,The Plan of Campaign,1885-91 (Cork, 1985). 52 Philip Smythto Fr JamesDonnellan, 20 Sept. 1888 (MCA, 108/13). 53 JamesDonnellan (1856-1932)was born in County Roscommon.He became bursarin 1887 and held the positionuntil his retirementin 1923. He oversawthe extensivemodernization of the college at the turnof the century;Corish, Maynooth College, p. 453. 118

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Letterswill find me here[Colmanstown House, Ballinasloe, County Gal- way]until Wednesday, after Ashtina, Tullyco, Cootehill [County Cavan]. Yourstruly, PhilipSmyth.54 The renewalof economic depression and agitationwas disastrousfor most of the mortgagors.By December1886, accumulatedarrears of rentof over£22,000 wereowed on theStewart estate; the agent reported that 'the tenants are holding back'.55Areceiver had been appointedon the estateearlier that year who had reportedto the trustees: Dear Sir, Stewart'sestate. I am obligedby your note - I see thatthe account of this estateis veryconsiderably worse than it was at thistime last year.I am afraidwe can do nothingunless Mr Murphy can collectsufficient rents.56 The college authoritieswere becomingincreasingly concerned. Boylan was determinedto ensurethat he was notbeing deceived. In March1887, he wroteto thereceiver on theStewart estate:

Dear Sir, Kindlyinform the agents of the Stewartestate that I wishto have official informationfrom them on the exactam[oun]t of rentsreceived since Jan[uary]11886. The collegesolicitor is MrChance M.P. and I am thinking ofgoing down with him to examinethe state of the acc[oun]ts as faras we areallowed to do so. Ifthe a/c allows it, please send cheque for balance due, £564:17:11.5? Boylanand thetrustees were having most difficulty with the Granard estate. By 1883,me trusteeshad notreceived a paymentof intereston theappointed gale days since 1880.58Granard's high levels of incumbrancesmade it an obvious targetfor the Plan of Campaign; there was a generalsense amongst its organisers thatindebted landlords would succumb more readily to its demands.In early December1886, an estimated500 of Granard'stenants marched to Longford town.They were headed by the Killoe fife and drumband, and led byFr Thomas Conefrey;Fr JohnBriody, parish priest of Killoeand Fr Denis Grey,curate of Ballinamuck.Outside the LongfordArms Hotel, the tenants demanded reductionsof 30 percent on all judicialrents and 40 percent on all non-judicial rents.Granard's agents, Darley and Roe, refusedreduction on judicialrents (assumingthat the tenants had alreadyreceived a fairreduction from the land

54 Philip Smythto Fr JamesDonnellan, 3 Mar. 1888 (MCA, 108/13). 55 EdwardMurphy to Fr Boylan,6 Dec. 1885 (MCA, 107/8). 56 KyleKnox to FrAndrew Boylan, 22 Feb. 1886 (MCA, 107/8). 57 Copyletter Fr AndrewBoylan to KyleKnox, 21 Mar.1887 (MCA, 107/8). 58 Statementof LordGranard's interest account since May 1880 (MCA, 110/16).

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courts)and offeredonly 15 per cent on non-judicialrents. The tenantswithdrew withoutpaying any and at a subsequentmeeting resolved that 'theywere determinedto standby the Plan of Campaign'.59The documentsbelow suggest thattheir resolve did notlast long, but Granardcontinued to impressupon the trusteesthat his rentswere not coming in and thathe was,therefore, unable to meethis obligations. Notall ofthe mortgagors were affected to thesame degree.The mostobvious exceptionwas LordCloncurry. His relationshipwith the tenants on his Limerick estatehad been souredby his refusalto grantsthem reductions in 1881.He told themthat year: The annualsum whichI payto thetrustees of MaynoothRoman Catholic Collegein interestupon mortgagesof land in Irelandis as largeas the whole rentalof my propertyin Limerick,and if you can persuadethe trusteesof Maynooth College to giveme an abatementof 20 percent in the halfyear's interest now accruingto themI willhave pleasure in givinga similarabatement to my tenants in Limerick.60 But althoughthe Plan of Campaignwas establishedon his Limerickestate, greatlydiminishing his rentalincome for the years 1885-89,61 he had relatively littledifficulty in collectingrents on his Kildareand Dublinestates and so his relationshipwith the collegetrustees was so unaffectedas to allow him the confidenceto write in 1886:

Ifyou are at anytime placed in difficultyby thetemporary failure of other paymentsdue to thetrustees of your college, I hope thatyou will write to me eventhough interest may not be fullydue atthe time . . . andalthough I do notleave money idle at currentaccount, I hopeto be alwaysable to send to you a remittancethrough my bankers,or stockbrokerswithout any troubleor inconvenience and at a fewdays' notice.62 By the mid-i88os,the otherof the college'smortgagors had to face simul- taneouslyfalling rental incomes, increased indebtedness and demandsfrom the trusteesnot only for the payment of interest but, particularly in Granard'scase, thepayment of principal as well.With all avenuesof future borrowing effectively closedto them,they had no optionbut to considerthe sale oftheir estates as the onlyviable means of survival. Bythe early twentieth century, most of the mortgagors had sold theirestates underthe land acts of 1881-1909and had repaidtheir mortgage loans. Once again,the mortgage papers are importantin thisrespect. First of all, they reveal the obviouspressure upon indebtedlandlords to sell theirestates in orderto remainsolvent. But more importantly,they reveal the intricaciesinvolved in

59 Freeman'sJournal, 9 Dec. 1886. 60 LordCloncurry to his Newporttenantry, 15 Apr. 1881; quoted in Irish Times,2 May 1881. 61 Cloncurryestate rentals,1875-89 (NLI, Cloncurrypapers, MSS 12,893-12,907). 62 LordCloncurry to RevAndrew Boylan, 2 July1886 (MCA, C7/112/4).

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This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions MORTGAGE PAPERS OF ST PATRICK'S COLLEGE, MAYNOOTH, 187I-I923 negotiatingthese sales, particularly prior to thepassing of the Wyndham Act in 1903.Until then, the mechanics of the earlier land acts did not encourage a large- scale transferof landownership. The land act of 1881resulted in thetransfer of ownershipof only 730 holdings,principally because tenants had to raisea 25 per cent cash deposit,which only a minorityof the well-to-docould afford,and landlordsdemanded more than tenants were prepared to offer at a timewhen the LandCommission were lowering their rents.63 The landact of 1885 was moreprogressive.64 Tenants could be offeredthe full advancenecessary to purchasetheir holding, but as we shallsee in theGranard documents,the IrishLand Commission was oftenreluctant to do so becauseof thefear that a potentiallyuneconomic holding would not sustain the repayment ofannuities into the future. The otherdownside operating against landlords was thatone fifthof the purchase price of the holding was retainedby the commission as a 'guaranteeddeposit' for fifteen years which could be used to makegood any defaultby tenant purchasers in thepayment of their annuity. There was a sense amongstlandlords, and indeed a veryreal possibility,that some landlords, particularlythose whose estateswere composedof marginalholdings, would neverrealise the full value of their estates once sold. In 1886,an assistantland commissioner,James Houghton, told the Cowper Commission: Landlordsare obligedin prudenceto demandon accountof the one fifth deposit,a greaternumber of years purchase than they would be contented withif the whole money was tobe paiddown on thenail, because they have no guaranteethat they will everreceive that one fifth,seeing that if the instalmentsare unpaid,the commission will draw on it,and at theend of thefifteen years it may be nil,so thata personwho may be willingto sell his land at twentyyears' purchase calculates that he is gettingonly sixteen years'purchase.65 Manyof the documents reproduced below deal with the sale ofthe Granard estate fromthe late 1880s. They show that Granard's hand was effectivelyforced by the trusteesas his debtsto thecollege mounted. They demonstrate the wheeling and dealingthat occurred on bothsides in orderto securethe carriageof the sale. JusticeMonroe's ruling on the carriageis interestingin thatit revealsthat Granardwas receivingmuch morein rents,even at the heightof the Plan of Campaign,that he was not admittingto, thatother mortgagors were given priorityover the trusteesand thatthe trusteesthemselves were not entirelyin agreementas to theaction that should be takenagainst Granard.66 Significantly, therewas also a considerablerise in familycharges since the mortgage had been acquired:in 1871,Granard had been marriedfor thirteen years but had no

63 33 and 34 Viet.,c. xlvi (22 Aug. 1881);Terence Dooley, 'Landlords and the land question,1879-1909' in Carla King (ed.), Famine,land and culturein Ireland(Dublin, 2000), pp 126-7. 64 44 and 45 Viet.,c. cxlviii (22 Aug. 1885). 65 Reportof the Royal Commission on theLand Law (Ireland) Act,1881, and thePurchase of Land (Ireland) Act,1885, minutes of evidenceand appendices[C4969], HC 1887, xxvi.25, p. 32. 66 See document24.

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This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions ARCHIVIUM HIBERNICUM children;by 1888 he had marriedfor the secondtime and had fivesons. The documentsalso showthe difficultieswhich arose whenthe Land Commission refusedto advance the purchase money to uneconomic holders, particularly those in theDrumlish area, where, according to one contemporaryreport, the tenants 'appearedto be in a greatstate of destitutionand theland ... is so bad thatit wouldbe impossiblefor a personto derivea livelihoodfrom 100 acreswithout even the paymentof any rent'. In the end, it took a great deal of local manoeuvringunder the astute guidance of FrThomas Conefrey, the willingness ofthe trustees to travelto Longfordand setup a commissionto lookat thecases ofholdings that were proving difficult to sell,and therecognition by the trustees thatthey would ultimately have to write offa substantial proportion of the loan (in the regionof /40,00c))67to resolvethe issues involved.In 1892,the less than ' objectiveParish Priest' (probably Fr Conefrey himself), wrote in A shorthistory of theland war in Drumlishin 1881:

... it is mypleasing duty to narratethat the tenants . . . have achieveda complete,permanent and final victory. They have nearly all bought out their farmsunder the Ashbourne act at a pricethat leaves them their farms at merenominal rent. The trusteesof MaynoothCollege, who have a heavy mortgageon LordGranard's estate, and whoare in realitythe real owners, trueto theChristian spirit of their high calling, showed every anxiety, and used everymeans in theirpower to enableFather Conefrey to buyout the farmsfor the tenants on suchterms as wouldenable the latter to support theirfamilies in comparativecomfort. Through the trustees of the college, FrConefrey got several years of arrears of rack-rent forgiven.68 The backgroundto thesedevelopments is elucidatedin thedocuments produced below.In the end the trusteesseem to have acceptedthat it would be futile attemptingto sell thecastle and demesne;it would be difficultto sellthe former andwhat would be securedfrom the sale ofthe latter 'would be insufficienttopay themonies still due tothe trustees on footof their several incumbrances'.69 The fortunesof the Granardswere rescuedin 1909 when the eighthearl marriedan Americanheiress, Beatrice Ogden Mills. Her dowryenabled the Granardsto continueto resideat Castleforbesand, indeed, to restorethe castle to all its formerglory.70 Had the familybeen able to hold out,the 1903 Land Act wouldhave treatedthem (and, indeed, their tenants) much more kindly.71 The 1903act was muchmore enticing to landlordsand tenants,thereby contributing to a revolutionarybut by no means completetransfer of landownershipfrom landlordsto tenantfarmers.72 Tenants were guaranteed that their future annuity paymentswould be appreciablyless thantheir former rents, while landlords were

67 Corish, MaynoothCollege, p. 184. 68 An Irish Priest,Land War in Drumlish,p. 55. 69 Statement regardingthe earl of Granard'sestate laid beforethe trusteesof MaynoothCollege, June1906 (MCA, 110/ 14). 70 Mark Bence-Jones,Twilight of the ascendancy (London, 1987), p. 69; id., A guideto Irishcountry houses(London, 1988 ed.), p. 67. 71 3 Ed., cxxxvii(1 Nov.1903). 72 See TerenceDooley, "The land for the people':the land questionin independentIreland (Dublin, 2004).

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This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions MORTGAGE PAPERS OF ST PATRICK'S COLLEGE, MAYNOOTH, 187I-I923 givena 12per cent cash bonus on thesale oftheir estates and allowedto selltheir demesnesand untenantedestates to the Land Commissionfor a priceof up to £20,000 and then repurchasethem under the same termsas theirtenants, therebysecuring what was in effecta long-termlow-interest loan.73 E. O'Farrell,a memberof the Land Commission,wrote to the trusteesin October1908, regardingthe Balfour estate: Sirs, I am directedby the estates commissioners to notifyyou that the purchase moneyof the demesneof the above estate,amounting to the sum of £14,000has been paid intothe Bankof Irelandto thecredit of the above estate,and an orderhas been made attachingclaims thereto and fixing 1Oct[ober] as theclosing day. Yourobedient servant, E. O'Farrell™

Bythen, the Granards had onlyaround 340 acresof their estate to sell,the same landthat had beendeemed impossible to sellunder earlier acts.75 Butdespite the enticements on offer,there remained those landlords such as Lord Cloncurrywho had no greatdesire to divestthemselves of theirentire tenantedestates in favourof an incomederived from investments. As a con- sequenceof their retention of tenanted and untenantedestates, the revolutionary period1917-23 was a difficultone formany such landlords.76 Rents were withheld bytenants on manyestates in thebelief that independence would bring about the compulsoryacquisition of lands by a Dublinparliament and thatthe occupying tenantswould have to pay littleor nothingfor them. Such was the case on Cloncurry's Limerick estate where agitation had largelyfailed to abatesince the LandWar and Planof Campaign days and where his tenantspaid no rentsin 1921 and 1922.77Up to the early1920s, Cloncurryhad paid offsmall amountsof principalfrom the sale of small parcelsof land to districtcouncils in Kildare chieflyfor the erectionof labourers'cottages. In October1920, as the post-war economyfall flat, the trustees of thecollege resolved 'to determine,by a year's notice,their mortgage loan of£66,300 to theRt. Hon. LordCloncurry, or as an alternative,to requirethe mortgagee (sic) to payordinary interest on saidloans at therate of 7% per annum/78This raisedinterest repayments to £1,551per half year.79To meetthem in theshort term, Cloncurry agreed to sellpart of the lands of Farnaneand Ahacaneto the occupyingtenant, Patrick Ryan, for £10,000 in early1921.80 For the long term, Cloncurry asked that he be allowedto keepthe loansoutstanding 'on his undertaking to payinterest at the current rate from time

73 3 Ed., cxxxvii(1 Nov.1903). 74 E. O'Farrellto trusteesof MaynoothCollege, I Oct. 1908 (MCA, 107/6). 75 Dooley,Decline of the big house, p. 114. 76 See Dooley,The declineof the big house, pp 171-207. 77 Lord Cloncurryto 'actingbursar', 10 Aug. 1923 (MCA, C7/112/11).78 Enclosed in ibid. 79 Financialreport for yearended }i Mar. 1921,p. 12. 80 Whiteand White (sols.) to O'Hagan and Sons, 20 Jan.1921 (MCA, C7/ 112/10).

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This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions ARCHIVIUM HIBERNICUM to time,charged by the banks', which were around 1 per centless. The trustees werenot entirelysatisfied with this offer. Negotiations were entered into with Cloncurry'ssolicitors and it was ultimatelyagreed that Cloncurry would pay the rateof 7 per centfor 1921 and thathe wouldpay the currentbank rates in the futureproviding these rates did notfall below 6.25 percent. There were serious penaltiesfor default. In the eventof the interestrepayments being more than thirtydays late, Cloncurry would have to pay additional interest at 15 per cent. Any futuresales of his propertyhad to go towardsthe diminishingof the loan principal.81Thus, in Apriland June1922, the principal was decreasedto £58,647 fromthe sale oflands.82 The termsof the 1923 Land Act brought further complications.83 Under it the trusteeswere not allowed to recoverpenal interest either in respectof the arrears ofinterest due atthe date of the passing of the act (9 August1923) or in respectof theinterest since accrued.84 By the end of1923, Cloncurry was £2,700in arrears. Thiswas thefirst time in fortyyears of dealing with the trustees that he had been seriouslyin arrears.That December he wroteto the trustees: Dear Sir, I havereceived your letter and I regretall thecauses that have prevented the punctualpayment of the interest in thepresent year. For more than forty yearsI paidthe half yearly interest with strict punctuality. The bursarnever had to applyfor any money that was overdueand our businessrelations wereon a friendlybasis. I was thereforesurprised and disappointedwhen yourtrustees took advantage of the monetary confusion caused by the war & demandedthe enormousincrease of 50% in the rateof interest.No doubtthey acted within their legal rights, but they have forced me todo the same,and to takeadvantage of the Irish Land Act 1923 so faras itrelates to thepayment of charges on land. I paid interestin fullto yourtrustees for theyears 1921 & 1922although the tenants on myland in CountyLimerick paidno rentin thoseyears & theland commissioners have, for so far,paid nothingto me on accountof compounded arrears. I shallpay over to your trusteesthe firstmonies I receivefrom the commissionersin respectof rentor arrears.You mustbe awarethat I am now preventedby law from collectingrent arising from land and am thereforealso preventedfrom payingthe charges upon theland. I mayadd thatmy solicitors advise me thereis no authorityfor the demand or claimof £42:8:5 in additionto the halfyear's rent. Faithfullyyours, Cloncurry.85

81 R. Ryanto Rev JamesDonnellan, 22 Oct. 1921(MCA, C7/112/10).82 R. Ryanto Rev JamesDonnellan, 3 April1922; R. Ryanto Rev JamesDonnellan, 14 June1922 (MCA, C7/112/10).83 1923/42[I.F.S.] (9 Aug. 1923). 84 Ibid. ; R. Ryanto Fr J.R. Maguire,19 June1924 (MCA, C7/112/10).85 LordCloncurry to Fr J.R. Maguire,5 Dec. 1923 (MCA, 112/11).

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The failureof Cloncurryto pay his interestpunctually impacted upon the financialrunning of the college. While the 1890s had been characterisedby low pricesand thetrustees realised an annualsurplus of around £5,000 per annum to invest,prices rose in the yearsleading up to the GreatWar, which, fed by wartimeinflation, meant that by 1915 net income was appreciablylower than a few yearsbefore. The purchaseof lands, installation of electricity, the extension of the collegeheating system, a new sanitarysystem and thebuilding of a swimming poolin theyears before the war had meantexpenditure in theregion of £40,000 thathad been raisedthrough borrowing. The economicdepression that followed thewar had furtherdetrimental consequences for the college finances as farming was throwninto disarray and agriculturalprices collapsed.86 In March1924, the bursar,Fr J. R. Maguire,87wrote to Cloncurry:

MyLord, I shallesteem it a favourif you can informme, when you expect to be in a positionto lodgethe amount of the interest due. Myreason for asking, is thatI am now preparingreturns for the purpose of gettingrefund of in- come taxdeducted at the source,and I shouldlike to includeall possible deductions,as otherwisethe amount unclaimed should be outstandingfor anothertwelve months. I am sorryto say the collegefinances are not strong,and I havesome anxiety on thematter, more especially as I am just takingover the responsibilities ofthe office of bursar. I maytell you in confidencethat our overdraft with the bankers is pres- entlynearly £20,000. Henceyour lordship will see a reasonfor my request. I havethe honour to be, Mylord, Yourlordship's obed[ien]t serv[an]t, J.R. Maguire. Mostsignificantly, the termsof the 1923 Land Actintroduced the principleof compulsoryacquisition of lands in orderto redistributethem amongst uneco- nomicholders in theirvicinity or amongstcongests who mighthave migrated to an area. Traditionallandlords who continuedto retainlarge tractsof untenantedestates were the first to have their lands acquired.88 By 1926 the Land Commissionhad acquisitioneda largepart of the Cloncurryestate 'at a very nominalsum' (a referenceby Cloncurry' s solicitors to the fact that payment in 4.5 percent land bonds was notwillingly accepted) and thatCloncurry was nownot able 'toadjust his incomeand outgoings.'89

86 See Corish,Maynooth College, pp 268-9. &7 J-R- Maguire (1877-1948) was bornin thediocese of Clogher.He was ordainedin 1902 and becamebursar in 1923,having served the previous four years as assistantbursar. He resignedin 1944 becauseof failinghealth; Corish, Maynooth College, p. 471. 88 Dooley,"The land for the people', chapter 2. 89 Copyletter White and Whiteto O'Haganand Sons, 25Aug. 1926 (MCA, C7/112/12).

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LordCloncurry died on 12 February1928. Atthat stage the principalon the Lyonsestate mortgage stood at ,£37,350while the principalon the Limerick mortgagestood at /15400.90Under the termsof a deed of familysettlement executedin 1867 and of LordCloncurry' s will his daughter,the Hon. Kathleen Lawless,succeeded to theLyons estate, while his brotherwho succeededhim as LordCloncurry, succeeded to the Limerickestate. Both inherited the respective mortgagesand almostimmediately both sought an interestreduction to a rateof 5 percent.91 Again it was pointedout to thetrustees that the passing of the 1923 LandAct 'reduced Lord Cloncurry's rents by 25 percent' and that 'the agricultural depressionhas affectedowners of land who occupied and farmedsame themselvesto a veryserious extent'.92 From the late 1920s and through the 1930s, the Land Commissioncontinued to acquire by compulsorypurchase the Cloncurryestates in Kildare,Dublin and Limerickpiece by piece and theland bondsthat were secured from the sales were transferred tothe college trustees.93 Bythe late 1930s, the mortgage loans had eventuallybeen paid off. Almost seventy yearsbefore, the magnitude of the changes that were to takeplace in thesystem of landownershipin Irelandwith all its attendantconsequences could scarcely havebeen imaginedby either the college trustees or thosewho had been offered mortgageloans.

II. The correspondenceconcerning Maynooth College and theGranard estate, 1872-1907

1 Loans bythe college of Maynooth: abstract of mortgage deeds prepared by Edward Carraher,n.d. MCA, 112/16 1. Assignmentof mortgagedated 19thday of April1872 fromThomas P. Williamsand othersand the earl of Granardto the trusteesof the college ofMaynooth to securethe sum of^91,592:7:2 and interestthereon at therate of£4:15:0 per cent per annum reducible to £4:5:0 if paid within 60 [days]after each ofthe gale days which are the nth day of May and nthday of November. The estatesmortgaged are situate in thecounties of Leitrim and Longfordand are ofthe annual value of £8,973:10:2. Principal money not to be paid offor calledin untilthe nth day of May 1892 & 12months' notice.94

90 R. Ryanto Fr J.R.Maguire, 28 Feb. 1928 (MCA, C7/112/12).91 Whiteand Whiteto O'Hagan and Sons, 18 Feb. 1928 (MCA, C7/112/13).92 Copyletter White and Whiteto O'Hagan and Sons, 27 Feb. 1928 (MCA, C7/112/13).93 Copyletter White and Whiteto O'Hagan and Sons, 4 May 1928; R. Ryanto Fr J.R.Maguire, 8 July1929 (MCA, C7/112/13);White and Whiteto O'Hagan and Sons, 6 May 1936; RichardRyan to Fr J.R. Maguire,26 May 1936; copyletter Fr J.R.Maguire to RichardRyan, 26 May 1936; RichardRyan to Fr J.R. Maguire,25 Nov. 1936 (MCA, Maguirepapers, Box 305/43); Reportof the president, iS32~33> P- 4> Financial reportfor year ended 31 Mar. 1935,p. 2; Finandal reportfor year ended }i Mar. 1936,p. 2. 94 For information on conveyancingofthe estate, see document61. 126

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2. Assignmentof mortgage dated 8th day of October 1873 from William E. Scott and othersand BlayneyTownley Balfour to the trusteesof the collegeof Maynoothto securethe sum of£25,000 and interestat therateof £5 per cent per annumreducible to £4:5:0if paid within60 daysafter each of thegale days,which are the 8th day of April& 8th day of October.The estates mortgagedare situatein the countiesof Louthand Meath and townof Drogheda.Annual rental £4,006, outgoings £464. Loannot to be paid offor calledin for20 yearsfrom date of mortgage. 3. Mortgage(assignment of) dated3rd December 1873 fr°m Jonn Brennan and MylesW[illia]m O'Reilly to the trusteesto securethe sum of £6,000 and interestat £6 percent per annum reducible to £4:15:0if paid within 60 days aftereach gale day,3rd June and 3 December.The estatesare in thecounties ofGalway and Louthand producea netannual rental of £2,000. Loannot to be paid offfor 20 yearsfrom ist October1873 and 12 months'notice to be given. 4. Mortgagedated 28th day of February1874 fromAlexander John Robert Stewartand his eldestson Alex[ande]rGeorge John Stewart to the trustees. To securethe sum of£55,000 and interestat 55per cent reducible to 4% ifpaid within60 daysafter each gale dayist Januaryand ist July.The estatesare situatein thecounties of Down and Donegaland producea netannual rental of£4,429. Loan not to be paidoff or called in untilthe ist January 1884 and 12 months'notice to be given. 5. Mortgagedated [blank]day of June1874 fromValentine Frederick Lord Cloncurryto thetrustees to securethe sum of£45,000 and interestat 5 per centreducible to 4% percent if paid within 60 daysafter each of the gale days 28thMay and 20 Nov[embe]r.The estate,which is knownas the'Lyons estate', is situatein thecounties of Dublinand Kildareand is of the estimatednet annualvalue of £4,313.Loan not to be paid offor calledin untilthe 20th November1883 and 12months' notice to be given. 6. Mortgagedated [blank] day of June 1874 from Lord Cloncurry and his trustee (sic)to thetrustees to securethe sum of£25,000 and interestat 5 per cent reducibleto 4% per centif paid within60 daysafter each of the gale days ment[ione]din last deed. This estateis knownas the 'Limerickestate' and producesa netannual rental of £3,400:15:0. Loan not to be paid offor called in untilthe 20th November 1883 and 12months' notice to be given. 7. Mortgagedated [blank] day of June1874 LordCloncurry to the trusteesto securethe sum of£25,000 and interestat 5% per centreducible to 4% per centif paid within 60 daysafter each gale day, 28th May and 28thNovember. This estateis knownas the 'Cloncurryestate' and producesa net annual rentalof £2,603:11:7. Loan not to be paid offor calledin untilthe 28th day of May1879 and 12months' notice to be given.

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2 EdwardCarraher to Rev Farrelly, 1 February i&ji MCA,109/1

MyDear Dr Farrelly, I havebeen applied to by a firmof solicitors here for a loanof ^90,213:3:10 if thetrustees can lendsame in mortgageat /4.5.0 per cent. Rental £9,040. I triedto speakto [?] O'Hagan on the subjectbut he was engagedin Courtof Chancery. The borroweris one whomthe trustees I thinkwould, if possible,be anxiousto dealwith. If in towntomorrow you might give me a call. Sincerelyyours, EdwardCarraher.

3 Particularsof security for proposed loan on the Longford and Leitrimestate of the RightHonorable the earl ofGranard [c. Feb.i8yi] MCA,109/1

The Longfordestate containing 13,171 a. 2 r.23 p statutemeasure orthereabouts exclusive of the demesne of Casüeforbes produces an annualrental of £6,815.11.2 Bogrents /40.0.0 The demesnewhich is in thehands of his lordshipcontains 1,865[acres] 3r[oods] 36 p[erches]like measure and was valued byMessrs Brassington and Galein 1859at the yearly value of /867.5.11 Buta smallpart known as Kennedy'sIsland is notto be included in thesecurity. The Leitrimestate contains 4,605 a[cres]ir[ood] 4p[erches] statutemeasure and producesan annualrental of /2090.7.5 The valuationof Brassington and Gale ofwoods on handswas /27.11.7

£9840.16.1

Outgoings An annuityfor life of owner's aunt the Lady Selina Caroline Forbeswho is veryadvanced in life £1O° Titherent charges /37O-6-5

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Quitrents £59-15-° Head rent £7-7-9 Drainageinstalments (terminable) £243.4.4

£780.13.6

£9060.27 The estatesare subjectto a jointureannuity of £1,200to theviscountess Forbesthe owner's mother who is advancedin life,but proposed loan has priorityover said annuity- and are also subjectto a chargeof £5000 in favourof the HonorableWilliam Forbes the owner's brother, but which is also puisneto proposed loan. The owner now requiresa loan of £91,592.7.2to pay offa sum of £90,213.3.10and of£1,379.3.4 a subsistingcharge by mortgage now affect- ing the said estatesand are securedby mortgages now affectingthe said estatesand are securedby mortgages on a trustterm of 900 yearscreated by the willof ViscountForbes the owner'sfather, and now vestedin his gracethe duke of Leinster95 the surviving trustee of said will. Sincethe valuation made by MessrsBrassington and Gale a considerable expenditureamounting to some thousandsof poundshas been made on thecastle and demesneof Castleforbes.

4 EdwardCarraher to Dr Farrdly,y January 1881 MCA,109/3

MyDear Dr Farrelly, Enclosedyou have copy letter from Mr Crozierand copyof a letterfrom a processserver. The contentsof eitherdo not at all surpriseme as I was alreadyaware that no rentshad been paid to his lordship:any tenants willingto paywere afraid to do so. Andsuch being the case ofcourse Lord Granardis notin fundsto paythe trustees. And I cannotsee anythingfor themto do butaccede to MrCrozier's proposal and wait for some little time to see willthings mend. In myopinion matters will be muchworse before they are better. YoursFaithfully, EdwardCarraher.

95 Augustus FrederickFitzGerald, third Duke of Leinster (1791-1874),who resided in Carton near Maynooth,was ownerof over73,000 acres in Kildareand Meath; Bateman,Great landowners, p. 265.

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5 CopyF. R. CroziertoEdward Carraher, y January i88i MCA,109/3

MyDear Sir, Fromour previousinterviews you are alreadyaware that I have notbeen receivingany rent on LordGranard's estates. The tenantscame to me in a body,asking to be reducedto Griffith's valuation.But this could not be, in justiceto LordGranard, acceded to. His lordshiplast yeargave a reductionof 20 per centand expended somethingabout £4,500 in drainageand otherimprovements, & except in twoloans of /100 each,one beingto the bailiff, no interestwas proposedto be chargedfor this outlay. His lordshipis takingactive steps to compelpayment, but I fearthat the influenceof the Land League is so greatthat it will be impossibleto make anypractical use ofany decrees that may be obtained- untilthings settle down. I need hardlysay that this state of affairs has caused seriousinconven- ienceto his lordshipand difficultytome tomanage the estate affairs. I am quiteaware that the trusteesof the collegeof Maynoothrequire theirinterest in orderto enablethem to carryon theirestablishment but I am surethat knowing the present state of the country they will feel for his lordship. Ifit will meet their views I wouldpropose to pay half the interest and the remainderout of the very first rents that come to myhands. Perhapsyou would kindly communicate with the trustees - and letme havetheir reply. I encloseyou a letterfrom the only process server in theCo Leitrimwho had consentedup torecently to serveprocesses. It is to be hoped howeverthat the governmentmeasures about to be broughtforward will restore order and I am happyto feelthat many of the tenantsare willing to pay if they would be permitted. I remain, Yoursfaithfully, FrancisR. N. Crozier

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Copyof letter from James Coleman to EdwardCarraher, 30 December1880 MCA,109/3

MyDear Sir, In replyof yours this morning I am sureit would be utterlyimpossible to serveprocesses particularly for rent, at thepresent state of the country or stateof affairs, in factthe people in thisneighbourhood are all up in arms againstany document to be servedon them.I cannotgo out throughthe countryeven for civil bills for shop goods. Not one in thetown could go to restlast night from 11 o'clock - themusic & drumscommenced - filledthe townwith people from all partsof the country - also thegreen was filled withbands & drums.We thoughtthe country was mad at leastthe people. I regretexceedingly to see thecountry in sucha bad state. Hopingfor peace soon- 1 am dearsir, Yoursrespectfully, JamesColeman.

FrancisCrozier to RevFarrelly, 7 July1081 MCA, 110/16

MyDear Sir, LordGranard came to towntoday specially to see me aboutthe interest whichshould be nowpaid to theCollege. I can assureyou that I havehad the greatestdifficulty in tryingto get rentfrom the tenants,as eventhe temptingoffer of 20 per cent was not availed of by many,and the consequenceis that the arrearshave largelyincreased. I am making arrangementsto procurethe money but it will necessarily take a shorttime & I trusttherefore that the trustees will give his lordshipa shorttime to completehis arrangements.He willhave no objectionto pay intereston thismoney for the overdueperiod i.e. compoundinterest. A [reply?]by returnwill oblige. Yoursvery faithfully, FrancisCrozier.

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FrancisCrozier to Rev Boylan,11 October 1882 MCA, 110-16

I would have repliedto yourletter sooner onlythat I had an officefixed for last Saturdayat Longfordand I was anxious to see whetherthe tenants would pay theirrents & place Lord Granardin a position to dischargehis debt to the college, the delay having alreadycaused both him and myself considerableanxiety. Large numbers attendedfor the purpose of enquiringwhether his lord- ship would join them in applying for the benefitof the Act & which I informedthem would be done. I am having the necessaryforms prepared and will have them completedwith as littledelay as possible but until I get them completed by the tenants, I do not expect I will get any money to signify. I regretmuch the inconveniencethe college has been caused, but it is owing simplyto the effectof the ArrearsBill96 on the tenants& fromno othercause.

Yours veryfaithfully, FrancisCrozier.

RevAndrew Boylan to Darley<£ Roe, 17 January 1007 MCA, 110/17

Gentlemen, Please send me on [even?]/500 as soon as possible. We want money very much at present,and we relied chieflyon you to enable us to satisfyour pressing claims. As the interestwas not paid before nth inst the matter must be reportedto our trusteesbut if you settle at this 12 Feb[ruary]I suppose theymust be satisfied. Verytruly yours, AndrewBoylan.

96 Enactedas 45 & 46 Viet.,cxlix (18Aug. 1882).

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IO

Darleyand Roe to Dr RobertBrowne,97 President ofMaynooth College, i$ May lSSj MCA, 110/17

Sir, We have to state that we never alleged to mortgagees of Lord Granard's estate,meaning the trusteesofMaynooth College 'pressed the matterto the extreme of evictions' as reportedto have been stated by Colonel King- Harman [in parliament]and which you quote in your letterof the nth in- stant. So far as we can ascertain the source from which Colonel King- Harman obtained his informationwas Captain ButlerR. M., Mullingar.It having been reportedto the governmentthat a number of the tenants round Drumlish who had receivednotice of evictionswere poor,he was, as we are informed,directed to enquire into the circumstancesof theircases. He called on us and we informedhim thatwe could not furtherpostpone the evictionsas the tenants had struckagainst paying rent and the estate charges must be met, the principal one being for interest due to the trusteesofMaynooth. When we spoke on the subjectwe statedthat the trusteeshad not unduly pressed us. With reference to a furtherstatement attributedto Colonel King- Harman on Mondayevening last 'thathe had receivedinformation from us as to the sum and conditionsof the mortgage'we have had no communica- tion withhim on thatsubject and we distinctlydeny that we have giventhe informationreferred to, and which if we had done would in our opinion have been a greatbreach of confidence. Yours obediently, Darley& Roe

97 RobertBrowne (1844-1935) was born in CountyCork. He wasordained in 1869 and became president in 1885.With limited resources, he managedto greatlyimprove the infrastructure of the college. He was appointedbishop of Cloyne in 1894;Corish, Maynooth College, p. 445. 133

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II JohnGeorge MacCarthy9* to PresidentBrowne, 13 May 1887 MCA,119/19 [Marked'non-official']

MyDear Dr Browne, Wouldit notbe a goodway out ofthe difficulty in LordGranard' s case to arrangefor a sale ofa sufficientpart of the estate to thetenants under the LandPurchase Act? Thus you wouldget your money and his lordshipwould be savedthe necessityof evicting. Ifyou think so, I wouldsuggest that Mr GeorgeFottrell should be con- sulted.He has carriedout manylarge sales withgreat skill and withsolid advantageto all concerned. Yoursfaithfully, JohnGeorge MacCarthy

12 P. A. Chance to Dr Browne,1 Novemberi88y MCA,109/3

Dear Dr Browne, On receiptof your telegram regarding] Granard, I telephoned to His Grace butwas informedthat he wouldbe absentuntil four o'clock. Later,I saw His Graceand informedhim of the contentsof yourtel- egram& letter.I pointedout, that if the interest due was paid up, no peti- tionfor sale couldbe presentedtill, I think,1894, unless the interest again fellinto arrearssixty days or more; and thatit was possiblethat Lord Granardmight continue paying interest, and declineto assistin a sale to his tenants,unless the trustees agreed to allowhim to retainfor himself someportion of the purchase money. This position would be veryunfortu- nate,if, as is possible,the prospectsof realisinga considerablesum as purchasemoney, diminished from time to time,or a schemefor compul- sorypurchase - payingby bonds etc. - was in theair. I thereforeadvised his graceto utilizethe fact that interest was overdue and thatthereby the condition against sale bythe mortgages till 1894 was suspended,to pointout to LordGranard that the resolution of theboard wouldbe disregardedand becomeinoperative if paymentwere accepted;

98 J.J. G. MacCarthy(1829-92) was born in Cork.He wasa solicitorand land agent and had been MP for Mallowfrom 1874 t0 1880.He becamea judgeof the Irish Land Commission court in 1885;J. S. Crane, A concisedictionary of Irish biography (Dublin, 1928), p. 133. *34

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and putit to himwould he signa waiverof thecondition preventing the mortgagorsselling, if the trustees assented to his payingthe interest as he could. I haveascertained that Lord Granard has made overturesto thetenants as to sale; and thaton consultationthey have determined to offer12 years' purchase.Whether they will carryout this alleged determinationis of courseanother thing; but I haveno doubtthat the trustees if dealing direct withthe tenants would get a betterprice. On thewhole case, His Gracedecided that I sh[oul]dwire, as I did,to you;and also takeMr CartonQC's opinion,on thewhole question, as his opinionwill relieve the trustees from all suspicionof actingwith any ap- proachto harshness. His gracewill write to you by this post. Pleaselet me havethe copy mortgage - dated,I think,April 1872 - which I returnedto youwhen last in thecollege. I wantit to submitwith the case to MrCarton. It remainsto say that of course receiptof £1,424 arrearsdue 11 Dec[embe]r1886 will not complicate matters, but his gracethinks that the £1,000now lodged sh[oul]d be thelast money received till the opinion has beengot. I remain, Yourssincerely, P. A. Chance.

Copyextract from opinion ofR. P. CartonQC, 22 November1887 MCA,109/3

Underthe terms of these resolutions, I am ofopinion that the present plain dutyof the solicitor to thetrustees is forthwithto presenta petitionto the Courtof the Land Judgesfor a sale of themortgaged estates and to pros- ecutethe same withall due diligence.The failureof LordGranard to pay theinterest on themortgage within the stipulatedtimes has now putthe trusteesin a positionentirely to getrid of the clause in themortgage deed disablingthem from calling in theprincipal monies until the nth May 1892. In myopinion this is a positionwhich the trustees in theinterests of the collegecould not be justifiedin foregoing,having regard to the present positionof the land laws, and the present state of the land market. If all arrearsof interestwere now paid up to ist Maylast, and if Lord Granardand the presenttrustees of the will of GeorgeJohn Viscount Forbeswere to executea properdeed waivingthis disabling clause in the mortgage,and thusleave the trusteesof the collegeunrestricted in their rightto realisethe security whenever they thought fit, I thinkthe solicitor forthe trustees might safely postpone the presentation of the petition for 135

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sale,until after the next meeting of thetrustees provided such postpone- mentwere sanctioned by the president of the college and by the archbishop ofDublin. R. P. Carton

P. A Chance to Dr Browne,15 December1887 MCA,109/3 Dear Dr Browne, I sentdown and had LordGranard's estate looked over, and I am toldthat theland is ofthe most miserable description possible. Most of the tenants havepaid nothingfor 2% or 3 yearsand I am verymuch afraid you would havegreat difficulty in inducing the Land Commission to advancea penny uponit. This does notapply to the CountyLeitrim estate, which I havenot yet examined.I was sorrythat I was notin whenyou called but I am toldthat you saw Messrs Croziers'sletter. From it, it is veryevident that Lord Granardis playinga longgame, and thathe does notintend, if possible, to signthe deed of waiver. I understandthe bishops will meet in Januarynext but I shouldbe very glad if you could arrangeto communicatewith his gracethe archbishop meantime. I havenot yet got the papers connected with this matter, in all I believe yourlate solicitor has aboutone thousanddocuments and I understandhe is makingout a scheduleof these. YoursSincerely, P. A. Chance 15 ReportOfC. Frieryon visitto theDrumlish portion of the estate of the Right Hon[ora]blethe earl ofGranard [December i88j] 109/3 On Tuesdayand Wednesdaythe 6th & 7th December1887 I visitedthe estateof the earl of Granard situate at Drumlishand surroundingdistricts. I sawthe greater portion of the holdings and a largenumber of the tenantry. The latterappeared to be in a greatstate of destitution and theland in my opinionin thedistrict visited by me is so bad thatit would be impossiblefor a personto derivea livelihoodfrom 100 acreswithout even the payment of anyrent. I appenda listof the tenants who I interviewedwith particulars of their holdingsas suppliedme bythem. C. Friery.

136

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16 P. A. Chance to MonsignorLee (Bray),31 January 1888 109/4

VeryRev Dear Sir, I findthat Lord Granard has takenadvantage of our inactionto filea peti- tionto theLanded Estates Court for sale ofhis estate& itwill therefore be necessaryfor us to filea crosspetition at once in orderthat we mayobtain carriageof proceedings on behalfof the college. Willyou kindlywire whether you can call upon me at 2.30 tomorrow (Wednesday)in orderto attachthe seal ofthe college to the petition, Yoursfaithfully, P. A. Chance

[noteappended] Called at 2% ist Feb[ruary]'88 - to attachthe seal - the petitionwas notpresented as thekeys of the bank boxes could not be had and the[illegible] papers were useless to this purpose. 2nd Feb[ruary]waited in MrChance's office from 2% until4% whilehe was repairingthe petition - thekeys required having been found.

Statementby the solicitor of the board of trustees re. mortgagesby Lord Granard and his trusteesfor the trustees of the college ofMaynooth, 29 February1888 MCA,109/4

Bymortgage dated 19th April 1872, Lord Granard and his trusteesmort- gagedcertain lands in countiesLeitrim and Longfordincluding the castle and demesneof Castleforbes to thetrustees ofMaynooth College to secure £91,592:7:2 with interest at £4:10:0 per cent reducible to £4:5:0 on punctual payment. Bya secondmortgage dated 26th June1876 between the same parties thesaid landswere charged with a furthersum of£2,077:16:8 and interest at samerates. Boththese deeds containeda clause prohibitinga sale ofthe lands be- fore11 May 1892 providedinterest should be paid withinsixty days after shouldbecome due. Interestwas notas paid. The totalannual tenement value of the lands subject to these mortgages is £6,882:19:0.This sum includes£468:5:0 forthe demesne and £115for the castle of Castleforbesand £306 for townparksin the village of Newtownforbes.It also includes£790 valueof buildings. Thus deducting thedemesne and all buildingson theestate the valu (sic) is £5,509:13:0. Ata meetingof the trustees on 18thOctober 1887 the following resolutions werepassed 140

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1. Resolved.That Mr P. A. Chancesolicitor be and he is herebyinstructed to prosecutea petitionor petitions for the sale ofthe lands of the estate ofthe earl of Granard and his trusteesmortgaged to thetrustees of the collegeof Maynooth. 2. Resolved.That the commonseal of the trusteesof the college of Maynoothbe attachedto a petitionor petitionsto the Land Judgesof the High Courtof Justicein IrelandChancery Division for the sale of thelands the estate of the earl of Granard and histrustees mortgaged to thetrustees of the College of Maynooth. 3. Resolved.That the secretary of the trustees of the college of Maynooth do (sic)take all stepsnecessary to prosecutethe petitions referred to in thepreceding resolution. WalterM. Lee Secretaryto the trustees. I believethat in additionto these a furtherresolution was proposedcreating a permanentcommittee of the trustees to dealwith this case. It was understoodthat no immediateaction should be takenon the resolutions. On 29thOctober 1887 His Gracethe Archbishop of Dublin informed me thathe had seen LordGranard and thatno activestep should be takentill January1888 when he expectedthere would be a meetingof the trustees. On 31stOctober Messrs Darley & Roe,Lord Granard' s agents,wrote to theRev[eren]d bursar that they had lodgedon accountof interest /i,ooo to thecredit of the college. On ist November1887 his gracethe archbishop of Dublindirected the rev[eren]dpresident to writeto Messrs Darleyand Roe acknowledging receiptof the £1,000and addingthat the acceptancewas to be without prejudiceto the resolution of the trustees. I believe each letter was sent. I obtainedMr CartonQ.C.'s opinionon thecase and he advisedthat it wouldbe wise to requireLord Granard to sign a waiverof the condition againstsale beforeMay 1892 before accepting any further sums on account of interest.See case and opinionsent herewith. On 4th November1887 I wrotethe following letter to MessrsDarley & Roe. 12Westmoreland Street, Dublin4th November 1887. Re.mortgages earl of Granard To trusteesMaynooth College Dear Sirs, The veryrev[eren]d president of Maynooth College has handedme a correspondencewhich he has had withyou concerningthe interest due on themortgages. I have to informyou thatthe trusteesof the Collegehave in- structedme to presenta petitionto the land judges for the sale ofthe

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mortgagedlands. By direction of his gracethe archbishop of Dublin andthe very rev[eren]d president of Maynooth I enclose you a copyof thetrustees' resolutions and ofthe opinion of Mr CartonQ.C. as to theduty of the trustees and of me; fromwhich you will gather that unless LordGranard and thepresent trustees of the will of thelate ViscountForbes execute a deedwaiving the clauses in themortgages disablingthe trustees from calling in theprincipal monies until May 1892,neither the presidentnor I wouldbe justifiedin delayingto carryout the resolution directing proceedings for a sale norwould the presidentbe justifiedin acceptingany further payment of interest on footof the mortgages. Pleaselet me knowwhether Lord Granard and thetrustees of the willof the late Viscount Forbes are prepared to executethe deed indi- catedin orderthat the president and his gracethe archbishop may considerwhat course they will in thatcase pursue, I am Dear Sirs, Yourstruly, P. A. Chance

Nextday they replied that they had forwardedit to MessrsCrozier, Lord Granard'ssol[icito]r And on 6th Dec[embe]rI wroteas followsto Messrs Crozier. 12Westmoreland Street, Dublin6th December 1887

Dear Sirs, On the 4Ü1November last I wroteto MessrsDarley & Roe asking whetherLord Granard would execute a waiverof the agreement in his mortgagesto the Trustees of Maynooth College not to selluntil 1892. A fewdays subsequently I received a letterfrom you as solicitors fromLord Granard acknowledging the rec[eip]tof mycommunica- tions but you have not since then informedme whetherLord Granardis oris notwilling to executethe proposed deed. I mustask you to let me havea replywithin the next few days. Myinstructions as I havealready pointed out are imperativeand I cannotvery much longer delay the presentation of a petition. Yoursfaithfully, P. A. Chance

Mesrs.Thomas Crozier & Son, Sol[icito]rs 19 LowerDominick Street, Dublin.

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And on 10thDecember 1887 I receivedfrom them the followingletter

No 19 Lower Dominick Street, Dublin 10thDecember 1887

Dear Sir, We have today seen Lord Granard who is at present in communication with some of his friends in order to arrange for payment of the arrears due to the college and his lordship was informedby His Grace the Archbishopof Dublin thathe should have time for this purpose until next month and we presume that your instructionsare in accordancewith this. We remain, Yours faithfully, Tho[ma]s Crozier& Son P. A. Chance Esq. M. P. 12 WestmorelandStreet.

On 16thDecember I receivedthe following: No 19 Lower Dominick Street, Dublin, 16thDecember 1887.

Dear Sir, We have heard fromLord Granard and he personallyis disposed to waive the clause in the mortgagedeed but he has asked us to consult Mr Piers White who is his lordship's solicitor]. He is at present on the winterassizes so thathe will not have an opportunityof seeing him until his return.Meantime if you will send us the draftof what you wish his lordshipto sign we will submitit to him. Yours faithfully, Thos Crozier& Son

P. A. Chance Esq. M. P. 12 WestmorelandStreet.

On 20th December I wroteto the rev[eren]dpresident the following: 12 WestmorelandStreet, Dublin 20th December 1887 Re Granard

Dear Dr Browne, I have receiveda letterfrom Lord Granard's sol[icito]rsasking me to submitthe draftdeed which I propose Lord Granardand his trustees

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should sign and statingthat Lord Granardhimself is willingto sign it, but thatthe otherparties must be consulted. For my own part I thinkthat the object of the deed is perfectly simple and that there is no necessityto submit the draftuntil the partieshave made up theirminds whetherthey will sign it or not. Dean Lee has had the schedules of the Alexander and Granard documents checked in Mr Carraher's officebut I understand Mr Carraherrefuses to give up the documents until he is paid some £\G formaking the schedules. Dean Lee was at firstinclined to pay thisbut on reflectionhe made up his mind thatit would be betterthe bill should be presentedto the trustees& p[ai]d in the ordinarymanner, consequently I have not got any papers as yet. I fear that if I do not get the papers until afterthe trusteeshave met and paid Mr Carraher'sdemand I will hardlybe in a positionto speak verydefinitely to them. I should like to have yourinstructions upon these matters. Yours truly, P. A. Chance.

I did not feel justifiedto put the college to the expense of a draftdeed until I receivedassurances thatLord Granard's trusteesexecute it. I looked upon Messrs Croziers'letter as one writtenmerely for the purpose of delay.I was strengthenedin thisby the followingletter: No 19 Lower Dominick Street, Dublin, 20th December 1887. Lord Granard & MaynoothCollege

Dear Sir, We think it well to mention that his lordship informsus that the college has extendedthe time forhis payingup the arrearof interest until February. Yours truly, Tho[ma]s Crozier& Son.

On 4th January1887 Mr Croziercalled on me and statedhe was collecting rentsto pay the interestand thathe assumed thatif interestwere paid and the deed of waiver signed no proceedings w[oul]d be taken to realise the estate. I replied that the trustees were very anxious not to press Lord Granardbut that I fearedI could not hold out hopes thatthe estate would not be ultimatelyrealized and thatthe whole matterwould be consideredby the trusteesat theirnext meeting and thatprobably they would be glad to 144

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make a compromise of theirclaim fora lesser sum if Lord Granardwould pay it. On 10thJanuary 1887 Mr Crozieragain called on me and statedthat what I had said at the previous interviewsurprised Lord Granardand he asked me whetherthe trusteeswould take £75,000 fortheir debt. I told him I was not authorisedto make such a statementbut thoughtit probable the trus- tees would entertainsome proposal to arrange the matter.I asked him whetherhe would cooperate with me to sell some of the poorer lands if I could guaranteehim 15years on the valuation.He referredto the valuation of the lands and statedthe rentalwas greatlyin excess of it in some cases, mentioningone townland where the valuation was about /500 and the rental/900. He said he would consider the matterand promised to write tome. I did not receive any furthercommunication from Lord Granard's sol[icito]rsuntil 30th January1888 when the followingcame. No 19 Lower Dominick Street, Dublin, 30th January1888. Lord Granard & MaynoothCollege

Dear Sir, Having promised to communicate with you in referenceto this business, we thinkit well to send you a copyof a letterwhich we have addressed to the presidentand trustwe may count on yoursupport in gettingwhat we and others consider a fair reasonable concession having regard to all the circumstances. Later on we will hope to conferwith you as to a sale of the townlandswe spoke of. Yourstruly, Tho[ma]s Crozier& Son. Enclosure No 19 Lower Dominick Street, Dublin, 30th January1888.

VeryRev[erend Sir, Actingunder instructionsreceived from the earl of Granardwe have been engaged forsome time past in tryingto procurea loan to pay the arrearof interestdue to the trusteesof the college, but owing to the present state of affairsit is almost impossible to borrowmoney on any landed securityin Ireland and we should certainlyhave failedin our endeavourto do so had not relativesof our clientcome forwardto help him in the presentemergency. His lordshipis now preparedto pay over to the trusteesa sum of £8,500 but having regard to the verylarge abatements which have 145

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had tobe madeto the tenants as wellas tothe non payment by a very considerablenumber of them of any rent whatever his lordshipfeels thathe is onlyasking the trustees what is justand fairin proposing thatthey sh[oul]d accept this sum and givehim a clearreceipt for all interestup tothe last gale day. Frominterviews which we havehad withMr Chancethe trustees' solicitor,we havebeen givento understandthat even if the interest questionwere settled the trustees would not be satisfiedto let their principalmoney remain outstanding without some effort being made towardsrealising the amount by sale andhis lordshiphas beenthere- foreadvised by co[unse]l that if a sale be unavoidablethe necessary proceedingscould be farmore effectively and economicallycarried outat his instancethan at thatof any creditor or third party. We fully concurin the prudenceof thatadvice and we have thereforepre- senteda petitionto the Landed Estates Court for a sale. Mr Chancewas good enoughto say thathe wouldfacilitate his lordshipin a sale ifany of the townlands wish to sell to thetenants andhis lordship will be gladto availhimself of any assistance that the collegemay direct Mr Chance to afford. His lordshiphowever feels convinced that the presenttime is a mostinopportune one forforcing and pressinga sale and hopesthe trusteeswill concur with him in so conductingany future proceed- ings as shallbest promotethe commoninterest and securein the presentemergency the fair value of the security held by the trustees. We arevery rev[eren]d sir, Yourobedient serv[an]t, Tho[ma]sCrozier and Son.

I repliedby merely acknowledging receipt. There was then£4,471:9:6 due forinterest. The rev[eren]dpresident to whomthe aboveletter was addressedalso acknowledgedreceipt, and statedwould lay the matter before the trustees. On 2ndJanuary 1888 I lodgeda petitionon behalfof the trustees praying a sale ofthe estate. I did so becauseotherwise Lord Granard had takenthe firststep towards a sale and he wouldotherwise have obtained carriage of theproceedings and consequentlyretained a largershare of themanage- mentof the estate than if I had carriage. In additionto thishis solicitormight delay making absolute the condi- tionalorder for sale untilit would be toolate to movefor the appointment ofa receiverto capture the rent falling due 25thMarch 1888. 1 assumed that theserents if collected by Lord Granard might be lostto theTrustees. Lord Granard's sol[icito]rtook no stepsto proceedon theirpetition until after I had servedon LordGranard a conditionalorder for sale on footof the trustees'petition. 146

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On 1 February1888 I addressedto the fourarchbishops the following letter.In thatwritten to His Gracethe Archbishopof Dublinthere were someunimportant differences. 12Westmoreland Street, Dublinist February 1888.

MyLord, YourGrace will recollect that at the last meetingof the trusteesof MaynoothCollege it was directedthat I shouldpresent a petitionfor saleof Lord Granard's estate to realise the £96,000 due tothe college. I thinkit was understoodthat this direction was notto be actedon immediatelybut thatthe trusteesat a subsequentmeeting would considerwhat should be done. I understandLord Granard was unableto pay all the arrearsof interest.He howeverpaid £1,000and thenwith the privityof his gracethe archbishopof Dublin I wroteto his solicitorsinforming themthat as thetrustees would require them to waive the agreement not to realisethe mortgageuntil 1892 interestbeing meanwhile punctuallypaid beforethey could safely accept further payments on accountof arrears of interest. LordGranard has not signedsuch deed of waiver.His solicitor informedme thatthey should consult the other parties interested. On Mondaylast Lord Granard filed in theLanded Estates Court a petition on his ownbehalf praying a sale ofthe lands and one (sic)same day his solicitorwrote to the rev[erend]president of the Collegea letter askinghim to accept£3,500 for arrears on interest(£4,470 now due) and statingthat he understoodfrom me thatit was probablethe trusteeswould not feel justified in allowingmatters to restand that consequentlyhe proposedto have the estatessold in the Landed EstatesCourt. I haveto pointout to YourGrace that as a consequenceof this Mr Crozier,Lord Granard's solicitor, will have carriageand thatconse- quentlyhis costswill come out of the proceedsof the sale thusin- creasingthe deficiency which I fearwill result. He willalso be in a strongerposition to dealwith the tenants than if he had notcarriage. Froma paragraphin MrCrozier's letter it appears he is notanxious to carrythe matter through the court with any great expedition. Underthese circumstances and acting on theauthority of the reso- lutionsI referto I haveprepared a crosspetition which I hopeto file tomorrow. I shouldlike to have your graces' instructions as tothis. For myself no courseother than that I indicateappears open to the trustees.

I receivedthe following replies. 147

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Armagh2nd Feb[ruary]1888

Dear Sir, In replyto yourletter of yesterday'sdate I beg to say thatmy recollec- tion of the arrangementmade at the last meeting of the trusteesof MaynoothCollege was the following: The trusteesvirtually decided that steps should be taken to bring the estate of Lord Granardinto the courtfor sale as there seemed to be no reasonable prospectof his lordship being able to meet the ar- rears of interestdue on the mortgage. The trusteeshowever wishing to give his lordship everychance and facilityof meetinghis engagementsconsistent with the interests of the college decided thattheir resolution should not be acted upon at once. Hence it was arrangedthat on some day beforethe ist Janu- ary 1888 a meeting of the visitorsshould be held to instructyou to proceed with the legal steps necessary if in the meantime Lord Granardhad not paid at least such portionof the arrearsas the visi- tors considered satisfactory.It was decided howeverthat in the event of Lord Granard complyingwith this condition legal proceedings should not be stayedbeyond the ist Jan[uar]y1888. No meetingof visitorswas held owing probablyto the absence of the archbishopof Dublin and the president.Hence as Lord Granard has not paid a portionof the arrearswhich could be regardedas at all satisfactoryI believe the originalresolution of the trusteesshould be carriedout and thatyou are sufficientlyauthorised by it to take such legal proceedings as you consider necessaryto safe guard the inter- ests of the college. Of course beyond this expression of opinion I as an individual visitorhave no power to instructyou as to the action you should take but I am quite sure you can take for granted the sanction of the visitorsand of the trusteesalso forany steps you consider necessary to keep the interestsof the college safe. It is likelythat after the returnof the presidenta meetingwill be called to consider the mattercarefully but in the meantime I think you should let no step be takenon the partof Lord Granard'ssolicitor which would prejudice the chance of the college to save as much as possible fromthe wreck. I am Dear Sir, Yours faithfully, Michael Logue.

Mr JusticeMonroe at firstrefused to directa sale on the trustees'petition on the grounds thatLord Granardhad alreadyfiled a petitionbut on point-

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ing out that Lord Granard'spetition did not enable a sale of the castle and demesne Mr JusticeMonroe finallyfiated the petitionof the trustees. I am now in a position to have an absolute order for sale made on the trustees'petition before Lord Granardcan on his. P. A. Chance 12Westmoreland St. 29/2/88.

18 Copyletter Messrs Crozier to thePresident ofMaynooth, 30 January1888 MCA, 110/16

Dear Rev Sir, Actingunder instructionsreceived from the earl of Granardwe have been engaged forsometime past in tryingto procure a loan to pay the arrearof interestdue to the trusteesof the college, but owing to the present state of affairsit is almost impossible to borrowmoney in any landed security in Ireland, and we should certainlyhave failed in our endeavour to do so had not relativesof our client come forwardto help him in the present emergency. His lordshipis now preparedto pay overto the trusteesa sum of£3,500, but having regardto the verylarge abatementswhich have had to be made to the tenantsas well as to the non-paymentby a veryconsiderable number of them,of any rentwhatever, his lordship feels thathe is only asking the trusteeswhat is just and fairin proposingthat they should accept this sum and givehim a clear receiptfor all interestup to the last gale day.100 From interviewswhich we have had with Mr Chance, the trustees' solicitor,we have been givento understandthat even ifthe interestquestion were settledthe trusteeswould not be satisfiedto let theirprincipal money remain outstandingwithout some effortbeing made towardsrealizing the amount by sale and his lordshiphas been thereforeadvised by counsel that if a sale be unavoidable the necessary proceedings could be far more effectivelyand economicallycarried out at his instance than at thatof any creditoror thirdparty. We fullyconcur in the prudence of that advice and we have thereforepresented a petitionto the Landed Estates Court for a sale. Mr Chance was good enough to say that he would facilitatehis lordshipin a sale of anytownlands he mightwish to sell to the tenants,and his lordshipwill be glad to avail himselfof any assistance thatthe college may directMr Chance to afford.His lordshiphowever feels convincedthat the presenttime is a most inopportuneone forforcing or pressing a sale and hopes the trusteeswill concur with him in so conductingany future

100 For contradictoryevidence regarding non-payment of rents,see document24. 149

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proceedingsas shallbest promote their common interest and securein the presentemergency the fair value of the security held by the trustees. We arevery rev[erend] sir, Yourobedient servants, Tho[ma]sCrozier & Son.

P. A. Chanceto Browne,1} April1888 MCA,109/4

Dear Dr Browne, I havereceived information that Lord Granard has serveda largenumber of writsupon his tenantsand is generallyengaged in carryingon war. I assume his objectis to raise enoughto paythe arrearsof interest,and thus avoid the appointmentof a receiver,and evade the jurisdictionto refuserents and remit arrears which the court would have if a receiverwere appointed. Yoursvery truly, P. A. Chance

20 P. A. Chance to Dr Browne,18 April1888 MCA,109/4 GranardEstate Dear Dr Browne, It seemsthe guard refused to takethe letter I sentyou at 4 o'c yesterday& so ithas miscarried.Mr Crozier, Darley & LordGranard have filed affidavits & willmove on Mondayfor carriage. I havejust got copies of their affidavits & itis mostimportant to answerthem. Theystate that the securityis ample withouthaving recourse to the demesne,that the tenants will pay no one but LordGranard, with whom theirrelations are almostpaternal, that no one butMr Crozierknows any- thingabout the title,ditto Mr Darleyabout the tenants,they dispute the amountof interestdue, set out the whole correspondencebetween His Gracethe Archbishop of Dublin & LordGranard and a letterdated 12 March writtento Dr Gillooly,101and also allegethat I promisednot to sellthe castle & demesne& notto appointa receiver,which is absolutelyuntrue.

101Gillooly was a Vincentianand one ofArchbishop Paul Cullen's most trusted allies. He wasbishop of Elphin1856-95. 150

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The wholeproceeding shows the danger of attempting to softenthe fall ofa manin LordGranard's position. I havedrawn a longaffidavit in replywhich I willtry & have settledby MrCarton this evening. It willbe mostnecessary for you and FrDonnellan to makeaffidavits in reply.They will not however be verylong. Couldyou not manage to come to town tomorrow & do so? I havejust now (5 pm) receiveda notefrom Mr O'Brienasking me to defendhim tomorrow. I will however leave the fullest instructions for your affidavitsafter having Mr Carton's advice thereon. Yourstruly, P. A. Chance.

21 P. A. Chance to Dr Browne,20 April1888 MCA,109/4

Dear Dr Browne, I hopethat you and FrDonnellan will be up [toDublin] early on tomorrow as youraffidavit and Fr Donnellan's mustboth be swornand filedbefore one o'clock.I knowhow troublesomeit is foryou to keep runningup to townso oftenabout this business but it reallycannot be helpedand I trust we areat the end ofthe fight, Mr Cartonsettled my affidavit by strikingout of it a greatdeal of the matterrelating to MrCrozier, as he thoughtit irrelevant. He saysthat in his opinionthis gentlemanhas actedvery badly in takingadvantage of the indulgencewhich the college showed him and he does notthink there will be muchdifficulty in pulling the case through. Yourstruly, P. A. Chance

22 Chance to Browne,2} April1888 MCA,109/4

Dear Dr Browne, Granard'sestate was beforeJudge Monroe, but he willnot give his decision untilWednesday. It came out, in the course of proceedings,that Lord Granardreceived out of the estate net rent May '83 to '84 £9518,May '84 to '85 £9,526,May '85 to June86 £7,922,June '86 to December87 (sic) £7,187.So that,so farfrom there being any truth in thestatement that the tenantswere not paying, they have in thosefour years and a halfpaid far morethan the yearly valuation.

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It seemsthat the rents were applied to pay the interest on thesubsequent mortgagesand that that is thesecret of their support of Lord Granard. Dr Gilooley's(sic) letter to LordGranard,102 written after the meeting of thevisitors, was readin court,and had certainlya most injurious effect. It statesvirtually the whole of theproceedings of thevisitors, and amongst otherthings that, as to Lordand LadyGranard' s complaintsagainst me, 'I satisfiedthe bishops,or at least made such statements,as theywere unableto contradict'.I need not point out to you how unjust this is tome. I havegot an orderfrom the court for a copyof this correspondence, and as soonas I receiveit, I willlet you have it. As thingsstand, I am afraid,as a resultof Dr Gilhooly's(sic) action, not onlywill a receiverbe refusedto thetrustees, but Lord Granard will obtain carriageof the whole proceedings. Yourstruly, P. A. Chance

23 P. A. Chance to Dr Browne,25 April1888 MCA,109/4 Private

Dear Dr Browne, I wentto courtthis morning and saw Mr Carton.He advisedme notas yet tomake any formal application to Judge Monroe for Dr Gillooley's(sic) letters as itwould tend to shewstrained relations between us, Atthe same time he saidthere was no doubtwe wereentitled to & he wouldcertainly secure the copies. I thenwent to Mr Manning,Judge Monroe's chief clerk, and he toldme thatthe originalletters were actually with the judge; & he tookfrom me MessrsCrozier's letter refusing copies without counsel's advise & promised to speakquietly to the judge about the matter. It is verycurious to notethat while with Dr Gillooly& theVisitors the case was madethat my action compelled Lord Granard to proceed, the case madein courtis thatI virtuallycommitted a breach of faith on proceeding atall; and through Dr Gillooley's(sic) letters my defence to the former charge is made a proofof the latter. You willrecollect that I anticipatedthe use of Dr Gillooly'sletters in court.Their use is thebest evidence of the hopeless positionof Lord Granard'scase withoutthem, as I cannototherwise accountfor what Dr Gillooley's(sk) letter to you shews to be a grossbreach ofhis confidence.

102 See copyin document27.

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I regretextremely the position of affairs with regard to Dr Gillooly.It is veryhard to haveour hand exposed to theenemy; & whendiscussing the case withthe bishops I thoughtI was justifiedin dealingwith them as my clients,and speakingunreservedly. In Dr Gillooly'sletter written before the meetinghe sayshe receiveda letterfrom you stating (as is thefact) that my proceedingswere taken in self-protection,& that if Crozier'scourse were notchecked the college would not have the means of enforcing payment of interestfrom the rents.This drewfrom Lord Granard the veryclever (& advised)letter offering a receiver by deed. You willrecollect that I pointed outthat a receiverby deed would be whollyin thehands of Lord Granard & w[oul]dnot without his consentbe able to makeremissions to thetenants, & thatall evictionsetc. by him would probably be publiclyascribed to the college.Of course those reasons could not be allegedbefore the judge; and as LordGranard' s offer of a receiverby deed (whichwas thedirect conse- quenceof Dr Gillooly'sletter disclosing our hand) has beenused againstus by JudgeMonroe who asked Mr Carton'whether a receiverappointed by deed & boundto applythe rents to keepdown our interest would not give thecollege all thesecurity they had a rightto'. Of course my recollection of whattook place on 13March is identicalwith yours. (Later)I havejust come backfrom court to whichI was calledby a letter fromMr Manning. I got& enclosea copyof one ofDr Gillooly'sletters. The secondone thoughread in courtand notedby the judge was notforthcom- ing.Judge Monroe on discoveringthis, directed me to writecalling for the lodgementof the letter & a copyfor myself; and adjournedjudgment in the case tillMonday. It is almostunprecedented for carriage to be takenfrom a substantial incumbrancerbut I fearit will be done;because it is equallyunprecedented forone's clientto playinto the opponent'shand & the trusteescannot expectme to do theirbusiness with any degree of success, if every move & consultationis reportedto the enemy. I recollectthat in Dr Gillooly'ssecond letter he putsthe failure of the trusteesto stopme on the groundthat there was not a quorumof them presenton 13March. The Freemanpeople are quite willing to write any article I dictate:in fact theyhave asked me to writeit myself.I thinkit would be wisestfor you to have a conferencewith Mr Ennistheir leader writer on Monday& settle whatthe leader is tobe. I mustleave for London on Mondayevening on law businessfor a fewdays. I encloseyou a copyof two letters which may be useful. I fearDr Gilloolyis in an awkwardposition - eitherLord Granard or he is mistakenas to theconfidential character of their letters; and in anycase he communicatedour tactics to the other side. The tenantswill I fearsuffer forit all.

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We must recollectthat even if the estateis sold to the tenantsfor £120,000,1/51J1 ofthis must be retainedas a guaranteedeposit,103 and so therew[oul]d even at thistoo sanguineestimate be barelysufficient to pay thecollege. [Remainderof this document seems to be missing].

24 Copyjudgement delivered by Mr Justice Monroe in regardLord Granard, the 2jth day ofApril 1888, in theHigh Courtof Justice in Ireland,Chancery Division, Land Judges MCA,109/4 This case comes beforeme on two motionsone institutedby the trusteesof theCollege of Maynoothfor the appointment of a receiver,and theother by the owner,Lord Granard, for the consolidation of certainpending petitions for sale and forcarriage of the proceedings. The motionsare important to the parties and itis rightI shouldstate the material facts set out in theseveral affidavits. The earl ofGranard is possessedas tenantfor life of considerable estates in theCounties of Longfordand Leitrimthe gross annual rental of which appears to be £7,968. Theyare subjectto severalcharges some affectingthe fee and othersthe life estate.There is due to the trusteesof MaynoothCollege who are the first incumbrancerson the feethe sum of £93,670 forprincipal, the otherincum- branceson thefee amounting to about £20,000 arecharges for younger children besides£1,000 a yearfor Lady Granard's jointure. The chargeson thelife estate amountto £8,535.^e annualinterest in thecharge of the trustees of Maynooth Collegeamounts to £3,980and in themonth of October 1887 there were arrears ofinterest due thereonamounting to £3,480.The trusteeswere dissatisfied with thestate of things and on the18th October 1887 they passed a resolutionat their half-yearlymeeting that proceedings for sale shouldbe commencedin theLanded EstatesCourt. The termsof the resolution were on thesame daycommunicated to LordGranard by Archbishop Walsh one ofthe trustees who however wrote that the proceedingswould be suspendedif satisfactoryarrangement were made beforethe ist of January.Lord Granard in replysaid he hopedto makea remit- tanceon accountof interestbefore November. On the 31stOctober a sum of £1,000 was paid. Mr Chance the solicitorfor the trusteeswrote on the 4th Novemberto LordGranard's agents informing them that he had been instructed to filea petitionfor sale whichhe should do at once unless Lord Granard consentedto executea deedwaiving a clausein theirmortgage preventing them in theevent of interest not being punctually paid, from calling in theirmortgage debt beforethe year 1892. Lord Granardthen saw ArchbishopWalsh who undertookthe responsibility of directingthe solicitornot to act immediatelyon

IO3 Under the land act of 1885one fifthof the purchasemoney to be advancedto the landlordin cash was retainedby the Land Commission as a guaranteedeposit to make good any defaultsin the paymentof annuitiesby purchasers. 154

This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions MORTGAGE PAPERS OF ST PATRICK S COLLEGE, MAYNOOTH, IÖ7I-I923 the resolution of the trustees,and this he confirmedby a letteron the 9th of November.On the nth November another half year's interestbecame due the arrearsthen amounting afterpayment of the /i,ooo to £4,470. Lord Granard's solicitorswere raising a loan to pay offthe arrearsbut he had asked that some abatementshould be made in the amount as he had himselfbeen obliged to give considerable abatements in the rents. Mr Crozier, solicitorfor Lord Granard, wroteto Mr Chance on the 10thDecember, telling him he was gettingthe money, and on the 13thDecember Mr Chance replied thathe would take no immediate steps owing to a communicationhe had had fromthe archbishopbut asking a definiterely as to waiver.On this Mr Crozier said he wished to consult counsel who was then at the winterassizes and he asked fora draftdeed of waiver,which was howevernever sent. On the 4th JanuaryMr Crozier had an interviewwith Mr Chance. There is some differencebetween them as to the details of the con- versationbut nothingvery substantial. They spoke about the appointmentof a receiver.Mr Crozier said if a receiverwere appointed no rentwould be collected. According to Mr Crozier's version Mr Chance said that he did not think the trusteeswould ask fora receiverand furtherthat they would notthink of disturbing Lord Granard in the possession of the house and demesne of Castleforbes.Mr Chance alleges thatall he statedwas thatthe Trusteeswould not ask to appoint a receiverunless absolutelynecessary and that theywould not willinglysell the castle and demesne, but that being trusteesthey could not bind themselvesto anything.They should act in the best interestsof theircollege. He furtherstated thatthe lands he believed should be sold and thatin his opinion theirsale would not realise sufficientto pay his client'scharge. The necessityfor having the lands sold was furthercommunicated by Mr Chance to Mr Crozier in an interviewon the 10thJanuary 1888 and therewas some discussion as to the trusteesabating a portion of their demand. Mr Crozier then consulted counsel who advised him that if a sale must take place the lands could be sold to far greateradvantage if Lord Granard had himself the control of the proceedings. A petition was accordinglyfiled by Lord Granardon the 30th Januaryfor sale of all the lands save the castle and demesne and in a letterofthat date to the presidentof the college - - copy of which was sent to Mr Chance the reasons fortaking this course were fullyexplained. The letterfurther stated that Lord Granardwas prepared to pay over to the trustees a sum of £3,500 on account of arrears of interest and expresseda hope thatthis sum would be accepted in fulldischarge up to the last gale day.Lord Granardalleges thatthe castle and demesne were omittedsolely on account of the interviewwith Mr Chance on the 4th Januaryand in the beliefthat the sale of the remainderwould be quite sufficientto pay offthe charges. There was some delay about gettingthe titleof a fee farm grantunder which one of the denominationswas held which necessitatedan amendmentin the petitionso that the conditional order for sale was not made till the 20th February.In the meantimea petitionfor sale was presentedon the 2nd Februaryby the trusteesof Maynoothfor sale of the entirelands includingthe castle and demesne. Owing to the omission of these fromthe firstI was obliged to fiatthe second petition.Lord

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Granardsubsequently filed a supplementarypetition for sale of the house and demesneand lodged£3,500 to thecredit of the trustees asking for a favourable considerationof his previousrequest. The conditionalorder on the trustees' petitionwas made absoluteon the 24thMarch; that on theowner's petition on the 12thApril, some correspondencetook place betweenLord Granardand Dr Gillooly,the Bishopof Elphin,one of the trustees,about the pendingpro- ceedings,before either of the conditionalorders had been made absolute.In a letterto LordGranard of the 5thof March1888, the bishopstated that he was informedthe petition of the trustees had beenfiled in self-defence,and because if theowner's proceedings were not checked the payment of the trustees' interest could not be enforced.To thatletter Lord Granard replied on the 12thMarch denyingthat his proceedingscould have any such effect, expressing his readiness to filethe supplemental petition, which he subsequentlydid, for sale ofthe castle and demesne,and offering,ifthe trustees so desired,to appointa privateagent overthe estatesto pay the interestor chargesaccording to the priorities.The bishopreplied to thisletter on the14th stating that the trustees were advised that theywere bound to filea petitionand seekto havea receiverappointed, but once theaffidavit was made no furtheraction would be takentill the trustees met in June.No answerhas yetbeen givento LordGranard as to whetherthe trustees will insiston the fullamount of arrearsso thatafter giving credit for £3,500 lodged,there remains about £900 stilldue forinterest up tothe last gale day. The trusteesnow ask to have an officialreceiver appointed over the estate, and the first questionis are theyentitled to succeedin thisapplication? The circumstances underwhich a receivermay be appointedare I thinkcorrectly laid downin the Herbertv Green(3 Ir Ch 270). 1. Whena year'sinterest is due on the incum- brance.2. Whenthe property is in dangerfrom eviction or otherwise.3. When thereis reasonto apprehendthat the proceeds of the sale willbe insufficientto paythe charges. In thiscase thereis nota year'sinterest due; in factLord Granard has expressedhis readinessto pay up theamount now due atanytime the trustees requirehim to do so. Thereare practicallyno head rentsso thatthe case ofthe trusteesentirely rests on thecontention that the estate is an insufficientsecurity. Thereis an expressionof opinion by the president, the secretary and the bursar of thecollege, and byMr Chance, that the proceeds of the sale willbe insufficientto meetthe charges of the trustees. There is an equallystrong expression of opinion by LordGranard, Mr Crozierand Mr Darleythat the estateis ample security. I cannotreconcile their conflicting opinions, and I must,therefore, take the figuresas I findthem, or form a judgementfor myself. To justifythe appointment ofreceiver on thisground, the insufficiency ofthe security to meetthe trustees' chargesshould be veryclearly shown, since if the application were carried out to itslogical consequences I shouldimpound or payall therents, after payment of interestto the trustees on footof their principal and notpay interest to the puisne incumbrancersat all. I can findno traceof a receiverhaving been appointed in thiscourt where all interesthad been paid,on the groundthat the security was insufficient.The grossrental of theseestates is £7,963.The government

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This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions MORTGAGE PAPERS OF ST PATRICK'S COLLEGE, MAYNOOTH, 187I-I923 valuationis £6,882. Eighteenyears of the former would give £133,334; eighteen years'purchase of the governmentvaluation would give £123,876. Less than12 years'purchase of the rentand less than14 years'purchase of the government valuationwould suffice to payoff the full amount of thetrustees' claim. Nor is therea mererental on paper.I haveit from the agents' books that in thefour years and a halfwhich elapsed from the ist Mayi884 to theist December1887, no less than£8,000 a yearwas collected,being more than one fullyear's rent each year. Mr Cartonfor the trustees for the trustees fully admitted that no rentcollector couldpossibly have been better.He complainedthat with such a collectionhis clients'interests should not have been morepunctually paid and LordGranard meets the objectionby offeringto appointa receiverunder deed. The rule, therefore,I make on thetrustees' application is this:Lord Granard by his counsel undertakingwithin one monthfrom this date to executea deed appointing MessrsDarley and Roe his agentsto collectthe rents of the estates comprised in thepetitions for sale, and to paythe interest to theincumbrancers according to theirpriorities, I refuse the motionto appointa receiver.I shouldbe takinga coursedisastrous to theinterests of the trustees of Maynooth College, and all the creditorsunanimously oppose the motion.The owner'scross notice asks fora consolidationof the severalpetitions and foran orderthat he may have the carriage.The matterof consolidationis a matterof course so thatthe only questionis as to thecarriage of proceedings. I havealready mentioned how the severalpetitions came to be filedand subsequentlyfiated. The ownerfiled his petitionfirst. The trusteeswere the firstto obtaintheir absolute order for sale. The motionbefore me is notto takethe carriage from one and giveit to another. Thereare twoor ratherthree petitions with separate absolute orders. These are nowto be consolidated.Who is to havecarriage of the consolidated orders? I am boundto statethat throughout these proceedings the trusteeshave shownno hostilityto LordGranard. The lettersof the archbishop and thebishop of Elphin clearlyindicate that consistently, that with the due executionof their trust they are willingto adoptany course which may be deemedconducive to theinterests of LordGranard and his family.In opposingthis motion they are actingwith the mostperfect bona fides.Mr Cartonrested his case on threegrounds. (1) That accordingto thepractice of this court carriage of proceedings will never be given to an ownerwho is in defaultin thepayment of interest. (2) Thatthe estate is not sufficientto paythe trustees' charges and (3) thatthe trustees are mostlikely to bringthe property to a speedyand effectivesale. In supportof his firstcontention he reliedon the case of in re[gard]Tottenham (7 Ir [illegible])where an owner soughtto takethe carriage of proceedings from an incumbrancerto whomover tenyears' interest was due.The courtdeclined to transfer the carriage where such largearrears were due, and thatcases (sic)was probablywell decided on itsfacts; butI am notprepared to acceptany hard and fastrule by which an owner,when anyinterest is due,is tobe preventedfrom having the carriage when every other considerationis in his favour.In thiscase onlythree months' interest is due up to thelast gale day, and that has beenwithheld only pending Lord Granard's request

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foran abatementin thepercentage. If the trustees say that they are notat liberty to grantany abatements he has expressedhis readinessto payup thebalance. I havealready dealt with the second point made by Mr Carton.In myopinion on thefigures before me, LordGranard, if not for himself, at leastfor Lady Granard and his youngerchildren, has a substantialinterest in the estate.The only remainingconsideration is whichof the partiesis mostlikely to carryon the proceedingsin theinterest of all thecreditors and ofthe owner of the estate. The partiesseem to be agreedthat if this property is to be sold,it is mostlikely to be soldto thetenants under Lord Ashbourne's act. This will to some extentinvolve thesettlement of rights of way and othereasements and ofmany other questions whichwould not arise if the estates were sold in one or severallarge lots in the ordinaryway by publicauction. Well in the firstplace the owner'spetition is presentedby Mr Crozierone of themembers of a firmwho havemanaged the estatesfor the last fiftyyears. He himselfwas actingas land agentdown to the year1883 when he resignedand Messrs Darleyand Roe were appointedto succeedhim. He is stillthe law agent of the estate. He is familiarwith the title. He knowsevery holding, and almostevery tenant on the propertyand on every disputedquestion his assistancewould be invaluable.Again Lord Granard has been livingall his lifeamong his tenantry.When differenceshave arisen,the tenants,he says,have freely sought his aid in settlingthem. He, too,is thoroughly acquaintedwith every holding on his estate,and he allegesthat he andhis tenants in theabsence of what he callsexternal influence have always been on themost friendlyterms. A remarkableinstance of thisis shownin the factthat all the tenantson one denominationhave offered to purchasetheir holdings at pricesto be fixedby the landlordor his agents.Both Lord Granardand Mr Crozier expressedthe opinion that the estates will be sold to farbetter advantage if the negotiationswhich have already begun before the resolution of the trustees was passed are leftto be conductedby them. On theother hand, the petition of the trusteesalleges that they have no means of knowingthe easementsand other rightsaffecting the premises, and thatthey have no means ofknowing, and do notknow whether any of the premises for sale aresubject to any leases, tenancies, orrents. I failto see howthe trustees could under these circumstances effectively carryout a sale to tenantswhere intimate knowledge of the differentholdings wouldprobably be essential.There is anothermatter which has weighedwith me in comingto theconclusion at whichI havearrived. The trusteesthrough their responsibleofficers and the solicitorhaving carriage of theirpetition have expressedtheir opinion that the property will not and cannotrealise within some thousandsof pounds of a sum sufficientto pay the trustees'charge; in other wordsthat this propertycannot realise more than twelveor thirteenyears' purchaseof the governmentvaluation. If thetenants made proposalsbased on theseopinions the trustees would find it very difficult to rejectthem or to refuse to put themforward for acceptance. The courtmight then be placed in the difficultposition of either accepting offers which were deemed to be insufficient or ofdiscrediting the action of those who were responsible for the carriage of the

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This content downloaded from 149.157.1.188 on Wed, 8 Jan 2014 06:44:26 AM All use subject to JSTOR Terms and Conditions MORTGAGE PAPERS OF ST PATRICK'S COLLEGE, MAYNOOTH, 187I-I923 proceedings.On thewhole I havearrived at theconclusion that Lord Granard or his familyhave a substantialinterest in theseestates. That Lord Granard and his solicitorhave such an intimateknowledge of the property and ofthose most likely to become the purchasersas will enable them to dispose of it to the best advantage,and thatit will be forthe interest of all includingthe trustees that the carriageof the consolidatedproceedings should be givento the owner.Should therebe anyunnecessary delay, the remedy is easyas rapid.I mayadd thatthe viewI havetaken is sharedby everyincumbrancer on the estatepuisne to the trustees.I allowthe trustees their costs of filing their petition and ofthis motion withtheir demand. The owneris entitledto his costsas costsin thismatter. 25 MessrsCrozier to Dr Browne,22 June 1888 MCA,110/16

VeryReverend Sir, As we understandthat the trustees of the collegeare aboutto hold their usual meetingwe have been requestedby LordGranard to recallto your recollectionthe application which we athis lordship'sinstance made to you in the earlypart of the presentyear for some abatementin the interest whichwas at thattime due, and in respectof which payments have been sincemade. We wouldat thesame timeask youto kindlybring before the boardthe question of a permanentreduction in therate of interest until the mortgageis realised. We mayadd thatsince the application was made LordGranard has been obligedto giveto thetenants, in additionto theusual judicialreductions, thoseprescribed by the last act of parliament, which of course has had the effectof still further diminishing the means of meeting the annual interest. MessrsDarley & Roe have now been appointedreceiver under deed whichstrictly recognises the first charge of the college on all therents and directsthem to payaccordingly. They are doingtheir utmost to getin the rentsand we trustthat with a goodharvest, which at presentthere appears tobe a fairprospect of, the tenants will be ableto meet their obligations. We thinkit rightto mentionthat we appliedto theland commissioners to ascertainif they had anymoney available to enablethe tenants the pur- chaseunder Lord Ashbourne's act and we receiveda replythat the fund had been exhausted.As howeverthere seems to be a reasonableprospect of governmentadvancing a furthersum we havebeen makingarrangements to offerthe holdingsto the tenantsand we trustthat they will agreeto purchaseon termsequitable to all parties. Wehave the honor to be Veryrev[erend] sir, Yourobed[ien]t serv[an]ts, Thos Crozier& Son. 159

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26 Memoby P. A. Chanceregarding Granar à estate,25 June 1888 MCA,109/4

The proceedingsfor sale are stillpending. Some of the land is verybad indeed.Lord Granard is so heavilyinvolved that a sale ofhis estatewould not producesufficient to dischargehis liabilities.He has, therefore,no interestwhatsoever in expeditinga sale. The amountavailable for purchase bytenants under Lord Ashbourne's act is a prospectivetwo millions.104 I am informedthat already applications for loans have been sanctioned to the extentof nearly one million,to be obtainedout of the prospective two mil- lions.It is verygenerally believed that when this money is spent,no further sumswill be advancedon thesame terms (ie 3 i/8thper cent interest). And that,as purchasingtenants fix the price they give altogether by reference to theannual instalment payable, smaller prices will be givenfor land. The courseof managementof thisestate up to the presenthas been unfavourableto the tenants. In myopinion the owner has injuredthe value ofthe fee by his effortsto keep down the charges on hislife estate. I fearthe tenants& theirholdings will yearly become more impoverished, and less likelyto securethe Land Commissionerssanction for a largeadvance to them. Forall theabove reasons I stronglyrecommend the board to authorise me to takestrong steps to securea rapidsale to thetenants on thepoorer partof this estate.

27 Furtherstatement of P. A. Chance to boardof trustees Maynooth College regarding Granardestate [26 June1888] MCA,109/4

In mylast report I statedI was in a positionto makeconditional order on thetrustees' petition absolute, which I accordinglydid on the24th March. I attendeda meetingof the visitors at Maynoothon the13th day of March 1888 at whichDr Gilloolyread to the visitorssome statementsmade by LordGranard with reference to the proceedings then pending. I advisedthe visitorsthat it wouldbe wise to so conductthe proceedingsas to ensure carriageto themand thatthe appointmentof a receiverunder the court wouldenable settlements to be madewith tenants and so obviatea repeti- tion of the evictionswhich had takenplace the previousyear and with referenceto theproposal which Dr Gilloolyinformed the visitors had been

104 Underthe terms of the Ashbourne act, almost £\o million was in factadvanced to purchasers between 1885and 1891,allowing over 25,300 tenants to purchasetheir holdings; Dooley, Decline of the big house, p. 105. 160

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made to him on behalf of Lord Granardto appoint a receiverout of court. I pointedout thatsuch receiverwould have no power to make reductionsor remit arrears of rent without Lord Granard's consent and in answer to Rev[eren]dpresident I informedthe visitorsthat if the order forsale were made absolute and the carriageretained by me furtherproceedings could be stayedfor practically an indefiniteperiod. The board of visitorsultimately decided theycould not accede to Lord Granard'sproposal made throughthe lord bishop of Elphin to let the pro- ceedings stand until the trusteesmet as that would involve a loss of the positiontheir petition then had, and the visitorsadjourned withoutcoming to any formalresolution. Before separating,the visitorsinstructed me to proceed to appoint a courtreceiver. On the 10thday ofApril I servednotice of motionfor the appointmentof a receiver. On the 17thApril I received from Messrs Crozier notice of motion for 23rdApril to consolidatepet[itio]ns and givethem carriage. On the 23rdApril the foregoingmotions came on forhearing. In the course of the argumentsit was statedby Lord Granard'scounsel thatLord Granardreceived out of the estatenet rent1883 to '84 /9518, May '84 to '85 £9526, May '85 to June '86 £7922, June 86 (sic) to December 1887 /7187 showing thatthere was no truthin the statementthat the ten- ants were not payingas in those 4% yearsthey have paid farmore than the yearlyvaluation. It would appear thatthe rentswere applied to puisne mort- gages the representativesof some of whom admitted they had regularly receivedtheir interest. Counsel for Lord Granardalso relied on two letterswritten by the Lord Bishop of Elphin to Lord Granard which altho' not previouslywithin my knowledgeand not referredto in any affidavitwere admittedin evidence as coming froma trustee. These letterstho' used were not filedin courtnor could I obtain copies until I had twice applied to Messrs Crozier and finallyobtained an order fromMr JusticeMonroe. The lettersare as follows:

StrokestownMar. 5th1888

My Dear Lord Granard, I am summoned by the primateto attenda meetingof the Maynooth visitorsat the college on the 13thinst. forthe purpose apparentlyof appointinga receiverover your estates. Since I wrote to you I have received lettersfrom Dr Browne in whichhe statesthat the proceedingstaken by Mr Chance were forced on him in self protectionby the course adopted by your solicitors which ifnot checkedwould deprivethe college trusteesof the means 161

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of enforcingpayment of interestfrom the rentsof yourestate. I shall be veryhappy if I can be of any serviceto you or if I can help to bringabout an amicable settlementat our meeting. I expectto returnto Sligo on Thursdaymorning. Your lordship'sfaithful servant, L. Gillooly.

Sligo March 14th[i8]88 My Dear Lord Granard, I have just arrivedfrom Maynooth and writethis line fornext post as I shall be absent all day tomorrowat dear old Fr Malachy Brennan's obsequies at Cliffoney. The resultof our meetingyesterday was despiteall our wishes and good intentionsnot what I had hoped for.Mr Chance explainedto the satisfactionof the bishops or at least in such a way as could not be contradictedby them the mattersof complaintof which you and Lady Granardhad informedme and showed thatunder the resolutionsof the trusteesand the advice of counsel he could not withoutviolation of dutyavoid filingthe petitionat the time he did and thatit is now his dutyin common withthe trusteesto take advantageat once of his positionin courtand obtainthe appointmentof a rec[eive]r. On yesterdaythere was not a sufficientnumber of the trustees presentto forma quorum and to act legallyfor them - all we could do was to direct that the appointmentof a receiveronce obtained no furtherunnecessary step to be taken beforethe Junemeeting of the trustees.The presidentwas requested to forwardto you the decision arrivedat by our committee. I hope theywill lead to a satisfactorymodus vivendipending final settlements.Let me close these hasty lines by assuring you that the bishops assembled yesterdayand as far as I know all the other bishops are most anxious to guard yourinterests as well as theirown and to dischargetheir duty to the college withoutgiving you or your familyone moment's unavoidable pain or offence. Withbest regardsto Lady Granardand prayingmost cordiallyfor bettertimes. I have the honour to remain, My Dear Lord Granard, Verysincerely yours, + L. Gillooly.

I regret I was not prepared for these letterswhich I fear prejudicially affectedthe trusteesposition.

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On the27th April Mr Justice Monroe delivered judgement directing: 1. Thata receivershould be refused 2. Thatcarriage of proceedings be givento MessrsCrozier and thatwithin a monthfrom this date a deed shouldbe executedby LordGranard appointingMr Darleyrec[eive]r and containinga covenantto pay interestout of the rents according to priorities. I obtaineda copyof the judgementand sentsame to Dr Brownefor his perusal. I did notfeel justified without consulting with Dr Brownein allowing JudgeMonroe's order to be made up makingthe trustees party to a deed appointingMr Darleyreceiver and consequentlyon thenth May I madean applicationto thejudge who modified the order by directing Lord Granard to enterinto a deed ofappointment of Mr Darleyas rec[eive]rwhen called upon to do so bythe trustees but refused to amendthe order by directing thatin no eventshould the claim of the trusteesbe diminishedby the paymentof the costs of Messrs Crozier. I do not thinkthe trusteesshould be partyto a deed appointingMr Darleyreceiver as the courseof conductpursued by thatgentleman as agenthas been harshand exactingand the trusteesgain no substantial protectionby the deed. The trusteescan onlysee thatthe proceedings for the sale ofthe estate aretaken with due despatchand will in thelight of the facts which appeared on themotion decide for themselves whether the remissionof arrearsof interestsought by Lord Granard should be given,or the full rate payable for defaultin punctualityshould be exacted. P. A. Chance 22/6/88 28 MessrsDarley and Roe to Rev Donnellan,20 July1888 MCA,110/17

Dear Sir, In replyto yoursof 14 instwe regretvery much that there is such a large arrearof interest due byhis lordshipto thetrustees of MaynoothCollege. We have done our bestto collectthe rentsand we are determinedto use everymeans in ourpower to makethe tenants pay. We mayadd thatin the districtof Drumlishthere seems to be a verystrong combination against payingany rents at all. Ifthis could be gotover the tenants would pay, and we wouldbe in a positionto paythe outgoings and interestsdue. Yoursvery truly, Darley& Roe. 163

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29 MessrsDarley <£ Roe to Rev Donnellan,15 September1888 MCA,110/17

Dear Sir, In replyto yourletter of the tenth we beg to mentionthat the receiver of rentssince the 30 Aprillast has beenvery small although every exertion has been made to getin and enforcethe arrears. Out of theamount received £1,433,we remittedyou /i,ooo and we have had to pay taxesand other necessaryestate outgoings which have absorbed the entire balance, besides advanceshave been made forthe purpose of dischargingthe pressing es- tateclaims. We willbe happyto shewyou the books or to anyperson who youmay depute to satisfyyou that nothing has beenpaid to the prejudice of theclaim of Maynooth College since we havebeen acting as receiversunder thedeed which Lord Granard executed. Weexpect that as soonas theharvest is savedthere will be a considerable amountof rents paid in fromtime to time during the autumn which will be appliedby us in strictaccordance with the rights of the college. Yourstruly, Darley& Roe. 3° MessrsCrozier to Dr Browne4 October1888 MCA,110/16

VeryReverend Sir, Notwithstandingthat the applications which we havemade on behalfof the earlof Granardto thetrustees of MaynoothCollege for a reductionin the interestpayable on theirmortgage on his estateshave not up tothe present receivedthe favourableconsideration of the trusteeshis lordshiphas requestedus to againbring the matter forward hoping that on a carefulre- considerationof the entire circumstances the trustees will see theirway to accedeto his lordship'srequest. Since the case was beforethe court,his lordship,acting on the suggestionof the judge, instructed us to preparea receivershipdeed and his agentshave since been actingstrictly under it and theyare preparedat anytime to submittheir accounts to anyperson whom the collegemay thinkfit to appointto see thatthey have actedin strictaccordance with theirduties. Theyhave endeavouredin everylegitimate way to getin therents but althoughthe prospect is we hope a verygood one forobtaining their pay- mentin theautumn of this year, still up tothe present the receipts have not

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been sufficientto enable as large remittancesto be made to the college as his lordshipwould wish. We desire howeverto observe that it has always been the habit of the tenants on his lordship's estates to make their principal payments in Novemberafter the greatfair of Longfordon 22nd Octoberand bearingthis factin mind we hope thatthe agents may be in a positionto make satisfac- torylodgments after that date. Even if the tenants should pay,the money will all necessarilygo to the college and meet the outgoings of the estate for rent charges, Board of Worksinstalments, taxes &c which are veryconsiderable and the resultwill be disasterous (sic) as regardsthe premiums on policies on his lordship's lifefor which no provisioncan be made unless the college see theirway to lowerthe rateof interestpending a sale of the property. We have been takingall the necessarysteps in the Landed Estates Court to have the proceedingsin thatcourt carried on but the vacationhas neces- sarilydelayed the investigationof the title. In anticipationthat more moneymight be votedby parliamentto enable tenants to purchase theirholdings we have been in communicationwith some of the tenantsbut we cannot feel thatthey fully appreciate the advan- tages which would accrue to theiracquiring the fee of theirown holdings but ifthere should be more moneyvoted we should expectthat the tenants would be givento see the advantagewhich they would deriveby purchasing at a fairand reasonable rate. We trustthat the subject will receivethe favourableconsideration of the college and that they will make allowance for the very altered circum- stances of the country. We are VeryRev[eren]d Sir, Your obed[ien]tservants, Thos Crozier& Son.

31 P. A. Chance to Dr Browne,1 November1888 MCA, 109/4

Dear Dr Browne, Last time I met you I mentionedthat a man had been to see me witha letter from one of Lord Granard's tenants to him, complaining about the law proceedingsthat had been takenfor rents. Todaythe same man, a Mr JohnMaxwell of 49 Essex St. called again and told me he was asked by a tenant to say that Lord Granard had sold the timberon his land, or at least some of it to a timbermerchant for /i,ooo or

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Of coursethis is veryindefinite; so I askedmy informant to getsome particulars- including the name of the purchaser. This he promisedto do. LordGranard has ofcourse no rightto cutthe timber, and ifhe does so thecourt will probably appoint a receiver- muchto thetenants' delight - and also compelthe proceedsof the sale of thistimber to be lodgedin court. I telegraphedthis to you and would be gladto have your instructions on this& thequestion of the arrears of interest. I wouldnot advise you to writeto LordGranard or his representatives aboutthis until we knowfor certain it is true. I would suggestthat I shouldbe allowedto make enquiriesabout it quietly. I am Dr Browne, Yourssincerely, P. A. Chance.

32 P. A. Chance to Dr Browne,5 November1888 MCA,109/4

Dear Dr Browne, I hearthat the buyer of the timber is a Mr McNeillwho has a spoolfactory in Sligo,& had one in Longfordwhich it seems is tobe reopened. It seemshe is giving12/- a tonfor all timberover 3", & is to takeup to 10,000 tons. This youcan see wouldbe a prettysaving out ofthe wreck (and out of thetrustees' pockets). I am also toldthat Coopers carpenters etc. are drawing timber every day fromthe demesne, & thatthe turf banks have been let at raisedrents, and theproceeds pocketed. WhatI fearis thatGranard will get wind of what we aredoing, and patch thingsup sufficientlyto satisfy Judge Monroe. If you can provesubstantial misconduct as to the timber,I thinka receiverwould be appointedby the court,& possiblycarriage of the pro- ceedingsgiven to us. A courtreceiver would be at libertyto recommendremission of arrears and his appointmentwould give the judge (undermy section in the Land Act1887) jurisdiction to remit arrears even against the owner's will. Yourssincerely, P. A. Chance.

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33 P. A. Chance to Dr Browne,11 February 1889 MCA,109/6

Dear Dr Browne, TodayMessrs Crozier have serveda noticethat they will applyto fudge Monroeon Wednesdayto have the proceedingsstayed for 12 monthsto enablesales to the tenants,and to have the deeds etc.transferred to the LandCommission in orderto carryout sales to the extent of £52,000. I sendyou a copyof Mr Crozier' s affidavit[illegible] the motion, and ofa letterI havewritten to him today. You willobserve that so farwe have notgot any information as to the valuationor extentof the holdings about to be sold.The barestatement of theamount of the purchase money hardly enables one to estimatethe pro- prietyof thepurchase transaction. I quite feel how desirableit willbe to havesales madeto thetenants; but we mustsee thateverything necessary to enablethe trustees to forma deliberatejudgment sh[oul]d be disclosed byLord Granard's advisers. For instance, are whole townlands sold, or only piecespicked out here and there,rendering the residue unsaleable. Who is to providethe guarantee deposit of 1/5the purchase money, and thusbe- come suretiesfor the tenants? What arrangements have been made as to thearrears of rent? What has becomeof the rents collected last year? Were theyapplied in due priorityto dischargethe interest of each incumbrancer? Frommy letter to Mr Crozieryou will see thatI informhim thatwe mustapply for an adjournmentlong enough to enablethe trustees to con- siderthe whole case. I am byno meanscertain that the trustees can wisely consentto an orderstaying all proceedingsbefore Judge Monroe for twelve months,especially as theirproceedings have already induced Lord Granard tomake an effort. I don'tlike to expressany opinion on thedefective data before us, but judgingfrom the statementthat the unsold lands producea rentalof £4,600, 1 believewe willhave reason to congratulateourselves if the pro- posedsale is carriedout. I confessI am somewhatindignant that the trusteeshave been made partiesto thedeed appointingMessrs Darley and Roe whollywithout their authority. As to thetimber I havenot communicated with Mr Gilchristlately, but thereis littledoubt he willbe availablewhen wanted. Pleaselet me haveinstructions as soonas possible. Yourssincerely, P. A. Chance.

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34 CopyMessrs Crozier to P. A. Chance,12 March 188g MCA,109/6

Dear Sir, We nowforward you a fullstatement as to thesales herein, and annexedto it youwill find tracings of the maps of the Longfordand Leitrimestates, whichwe thinkyou will find more satisfactory than an inspectionof the Ordnancesheets, which are at present with the surveyor in thecountry. . . . Wehope to sendyou in a dayor two, a fullaffidavit as tothe receipts and paymentsmade by Messrs Darley & Roe.It will show that all therents have been strictlyapplied by them in accordancewith the terms of the receiver- shipdeed. We havethe affidavit and accountin hands. We regretto saythat Lord Granard is notin a positionto paythe arrears ofinterest. Through the kindness of friends, he obtainedmoney on a recent occasionfor that purpose but he feelsthat he cannotagain appeal to them and in thepresent state of the money market, and also havingregard to the presentcircumstances of the estate, it is quiteout of our power to raise it. His lordshipfeels that he has been doing his utmostto realizethe securitiesin accordancewith his undertakingto thecourt to carryon the proceedingswith all properdiligence, and he hopesthat the trustees will see theirway to acceptthe four per centinterest which the tenants are to payas thefuture rate on thepurchased holdings. Withregard to theone-fifth retained by the government, Lord Granard hopes thatwhen a furtherportion of the estateis sold sufficientto dis- chargethe mortgage to Maynooth,the trustees will accept along with the moneypaid out of court,the guaranteedeposit in fulldischarge of their mortgagesecurity. We remain, Yoursvery truly, Tho[ma]sCrozier & Son.

35 P. A. Chance to Dr Browne,15 March 1889 MCA,109/6

Dear Dr Browne, I havehad but a fewminutes to lookover the account furnished by Lord Granard'sreceivers, but I findthere was about/250 paid on accountof agencyfees, and about£300 on accountof costs, and a coupleof hundred

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moreto the Property Defence Association,105 to special bailiffs etc., and that a verylarge number of paymentsfell due in 1887,and shouldhave been metout of the rents ofthat year. . . . You will recollectit came out in courtthat an enormousamount of moneyhad beenreceived by Lord Granard at a timewhen he was makinga poormouth to thetrustees. We did notthen know that Lord Granard had not evenkept down the expensesof managementetc. out of whathe re- ceived,but it nowappears that he neitherpaid thenecessary outgoings on his estate,nor did he paythe Trustees. I shouldlike to knowwhat he did withhis money. Yourstruly, P. A. Chance.

36 Summary(approximate) of the account of Messrs Darley and Roe,the receivers on the Granardproperty, n.d. [March1889?] MCA, 110/18

Receipts FromMay ist, 1888, to March9th, 1889 /4>958

Disbursements Rents,rates, taxes due and payablebefore the ist May 1888 - about £1059:8:8 Processes,evictions, other law proceedings, tenants' expenses ofbailiffs, caretakers - about 411:13:6 Emergencymen106 172:2:3 Proceedingsin LandCourt, valuations, surveying - about 105:5:1 Agencyfees 230:0:0 Rents,taxes &c due sinceist May 1888 - about 182:7:6 Miscellaneousexpense 198:0:0 £2358:17:0

Paidto college 2400:0:0 /4758:i7:o

Balanceon hands £199:11:4

105 Formedin December 1880 by a group of landlordsand agents to combat the Land League. Both this organizationand the Orange EmergencyCommittee, established in early1880 fora similarpurpose, sent so called 'emergencymen'to provideassistance to landlordsduring the Land Warand the periodof the Plan of Campaign; J.W. H. Carter,The land war and its leadersin Queen'sCounty, 1879-82 (Porüaoise, 1994), p. 119. 106 See footnote101. 169

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37 CopyP. A. Chance to MessrsCrozier} May 1889 MCA,109/6 Dear Sirs, I receivedfrom your representative today further statements, showing the holdingsunsold, and thesales sincethe motion was firstbefore the court. I reservemy observationsupon it,until I have examinedit carefully. I findmany of the unsold holdings are evicted:surely this will not form a saleableresidue? Pleaselet me knowwhat is thetotal tenement valuation of the holdings sold.I regrethaving to put you to so muchtrouble, but you understand that theparticulars from time to timeasked for have been quitenecessary. Are stepsbeing taken to sellthe rest of the estate? Yourstruly, P. A. Chance.

38 P. A. Chance to Dr Browne,31 May i8go MCA,109/7 Dear DoctorBrowne, I mustapologise for not having sent you analysis of advances sooner. I now enclose it showingstate of affairsin each townland.From it you will observethat originally £99,978 was asked. This leaves about £20,000 contractedfor not yetdealt with by the commissioners.Of the£99,000 odd,£72,972 have been grantedon the termsthat £15,262 be leftto the commissionersas a guaranteedeposit. Thus the net sum so faravailable is £57,710.£9,814 has been whollyrefused and in the cases in whichloans havebeen grantedthe purchase money has been reducedto £8,580.The sumsadded to £8,614which represents cases heldover for further inquiry makeup the£99,000 odd ofwhich I havespoken. TodayMessrs Crozier wrote to me askingme whatthe trustees' opinion is as tothe reduced advance and the increased guarantee deposit. They also promiseme an accountof income up toApril last. Of course we cannotsay anythinguntil the trusteesmeet on the 24thbut I wouldsuggest that a summarybe circulatedamongst them as soon as possibleand thatthe questionof approving of the prices fixed by the commissioners be specially enteredupon thenotice convening the meeting. I am boundto admitthat in myopinion a verygood price has beenon thewhole obtained.107

107 Between then and the date of the next letterreproduced below, the bulk of the correspondence continuesto centreupon the delays in carryingthrough the sale of estate. Due to the repetitivenature of thiscorrespondence, it has not been reproduced.

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39 P. A. Chance to MessrsCrozier 11 March i8gi MCA,109/8

I have receivedyours of the 10thinst. and I regretto say that I feel compelledto write to you the letters you have already received. I think it was in May1889 thatthe case was transferredby JudgeMonroe to the Land Commission,yet I findthat the title was notlodged until the 9Ü1 June 1890, morethan a yearafter, and thatthe draft turbary deeds, which were lodged on the ist Mayapparently before the title,were not sentme forapproval untilthe year 1891. Again Lord Granard died in Augustor September1889, and yettrustees were not appointed, nor an ordertaken out continuing the proceedingsuntil November 1890, showinganother delay of a year.You statethat you could not answer the rulings of the commissioners until you receivedmy approval of the sales at reducedprices, but I haveto pointout toyou that it was notuntil November 1890 thatcontracts were in existence in manyof the cases, as beforethat date there was no one competentto executethem on behalfof the landlords. I haveseen Mr McCarthyand he tellsme ofa factwhich you did not communicate to me namely:-that there is some proposalto abandonthe turbarydeeds whichI approvedof and proceedby consent. I am perfectlyprepared to adoptany course which will facilitatethe proceedings but it seemsto me thatserious difficulties lie in theway of carrying out sales under vesting orders by means of consents. Mr McCarthystated to me and authorisedme toinform you that he is prepared toentertain favourably a proposal by you that the sales should be sanctioned at once on yourundertaking to havethe divisionof thebogs carriedout, and thatif this course is adoptedhe sees no reasonwhy the money should notbe lodgedin theBank of Irelandwithin 6 weeks.I regretagain to feel compelledto express my opinion that there has beenvery great delay in this matter,and I cannothelp recollecting that since the whole of the sum due to myclients will not be paid, it seems to me thatyour clients have no definiteinterest in bringingthe case to a conclusion.You will recollect that yougot carriage upon the production of evidence which induced Mr Justice Monroeto hold that the estate was amplysolvent, and that interest would be paidto myclients from time to time,yet I findthat a sum ofabout /8,ooo is nowdue forinterest, and itis clearthat every day's delay inflicts a money loss uponmy clients. Yourstruly, P. A. Chance.

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40 ThomasCrozier to P. A. Chance 13March i8gi MCA,109/8

Dear Sir, We shouldlike to haveyour views as to theterms on whichwe are to sell theremainder of the holdings which can be soldunder the Ashbourne act. You willremember we wroteto you some timesince as to theviews put forwardby the parish priest of Drumlish[Fr Thomas Conefrey], and as to theprinciple on whichhe wishesto purchase. We have severaltimes approached the tenants in thedistrict (and who areno doubtguided by him) but we cannotsell to themunless we agreeto givethe holdings at from10 to 12years' purchase. We are notprepared to sell generallyexcept on thesame termsas we soldto theother tenants. If yourclients however desire us to sell at from10 to 12 years'purchase we shall bringtheir request under the attentionof the trusteesto ask their consent;or perhapsyou wouldgo overthe statementyou have as to the sales,and giveus thepurchase money which you think reasonable in each case. Yourstruly, Tho[ma]sCrozier & Son.

Fr ThomasConefrey to Dr Browne,22 March i8gi MCA,111/26 [Notedalong the margin: 'In 1887,two of Lord Granard's bailiffs went round here defamingthe character of the trustees by holding them up as evictors.I send you a localhistory in whichat page 113you will get a shortaccount of the fight with Granard'.108] Dear Dr Browne, I thinkit is bestfor the interest of the college if the trustees can manageto getthe carriage of the sale. I am preparedto proveon oaththat the trustees lost the carriage of the sale on falseevidence given before Judge Monroe on theoccasion on which thetrustees applied for the carriage of the sale. I readin the Freemanthat one ofthe witnesses stated before the judge that the tenants were on good termswith Lord Granard and thatthey were prepared to buy on termsfixed byLord Granard and Mr Crozier.That evidence was false.Mr Croziermet LordGranard's tenants in myhouse aboutthree years ago and theywould

108 This is probablywhat was laterpublished as An Irish Priest[Fr Thomas Conefrey?],A shorthistory of the land war in Drumlishin 1881(Dublin, 1892).

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notgive within four years' purchase of what he demanded.Besides, Lord Granardand his halfstarved tenants down here were fighting for years and the fightwould have terminatedfatally only for the interferenceof your humbleservant. To be practical,the best way is to getthe carriage of the sale, and I will engagethat the tenantswill do whatis just and theyhave been treated unjustlythemselves for generations past. Many of them have got from 70 to 30 percent of reduction in theland courts. I need not tellyou thatI regretthe fearfulloss inflictedon myalma materby the Granard transaction. The tenantshere are sorry for it, and will do all theyare able to repairthe loss. Believeme, Mydear Dr Browne, Yoursfaithfully, Tho[ma]sConefrey.

42 FrThomas Conefrey toDr Browne,9 April i8gi MCA,111/26

Dear Dr Browne, In orderto put an endto the humbug on thepart of the lawyers engaged in thesale ofthe Granard property I have waited on thepriests in theparishes whereGranard' s tenants have not as yetpurchased, and have asked them to cooperatein gettingthe sales completedat once witha viewto prevent additionalexpense on thepart of the college. All ofthen have promised to doso. I haveasked Fr Michael Corcoran P.P. of Derawly[Scrabby?] to writeto youand totell you how matters stand in his parishregarding those tenants ofGranard, who have not as yetpurchased. CanonO'Farrell P.P. ofNewtownforbes told me thathe willdo all he can tobring about a justarrangement in thecase ofthe tenants in his parish. If Messrs Crozierand Darleywill not agree to termswhich a just tribunalwill consider fair, they should be compelledto do it. I have a thoroughknowledge of all the dodgerythat went on in Granard'scastle with the Errington clique &c. Anyassistance I can giveto getthe college some of its just rights I willbe mosthappy to give. Believeme, Dear Dr Browne, Yoursfaithfully, Tho[ma]sConefrey.

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43 Fr ThomasConefrey to Dr Browne,15 April 1891 MCA,111/26

MyDear Dr Browne, I am authorizedto stateon behalfof the Granard tenants who have not as yetpurchased in someadjoining parishes that they are most anxious to buy on justterms. Father Michael Corcoran P. P. of [illegilble]parish told me thatthe Granard tenants in his parishwill purchase on thesame termsas tenantson otherestates in his parishhave already purchased. Theseare the terms viz the government valuation as a basisof purchase. Thirteenyears' rent on thevaluation. All arrears forgiven and theirpresent turbarysecured for the tenants. The tenantsin parishof Killoe have authorised me to statethat they will purchaseon thesame terms. So willGranard' s tenants in parishof Barnacoola,Co. Leitrim(a listof whosenames signed by themselves I enclose). In thislist they have given the gross valuation of houses and farms. I come now to the parishof Clongishor Newtownforbes.I waited on Canon O'Farrella secondtime and showedhim yourletter requiring his cooperation.He promisedto do whathe can in thematter. I suggestedto himto call a meetingof the tenants and taketheir views. As he is onlylately appointed and maynot thoroughly understand the state ofthings there yet, he said he wouldconvene no meetingbut will find out whatare the feelings of the people regarding the sale oftheir farms. Now, it occursto me thatthat course does notserve your purpose. What you want in theinterest of the college is immediateaction. I wouldsuggest to you, therefore,towrite to CanonO'Farrell and askhim the following questions: Firstwhat are theagricultural tenants on LordGranard' s property who have not as yetpurchased prepared to give fortheir farms? (You need not suggestany termsof purchase.Leave them full liberty of contract.) Secondly,on whatterms will the tenants in thevillage of Newtownforbes buyout their houses and landsattached? Thirdly, can he ascertainwhether itwas thelandlord exclusive of the tenants' assistance, that built the houses in thevillage? Or didthe tenants build the houses at their own expense? In theinterest of a just and faircontract you can see it is necessaryto havea correctanswer to above questions. I wishto makea fewremarks about another source of securityfor the college- the demesne.Now, it is veryvaluable containing an amountof goodland and timberwhich is wortha lotof money. Since the breakdown on thecastle that timber is takenaway in cartloadsevery day; the laurels and youngtrees were dug up and sold in theneighbouring fairs and markets, and desolationseems to be the orderof the daythere. Of course,if the collegeis notgetting the money got for these things it loses so much. 174

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If I knewwhat the collegeintends regarding the demesne(of course I would keep such knowledgeprivate) I would make such suggestions regardingthe demesne as I considerin theinterest of the college. If Fr Corcoranhas notsent in theoffer on thepart of his parishioners youshould write to himand ask himto do so. I thinkyou should write to Dr Woodlockas I considerDr Conroy'shouse is rentedin his name. It is a pitythat both the tenantsand the collegehave been so badly treatedby the servantsof rack-renters.Any new suggestiontending to expeditethe sales you can sendand itwill be actedupon by Yoursfaithfully, Tho[ma]sConefrey

P.S. Now,the lawyers engaged in the Granardbusiness may say that our termsare too [sweeping?]and thatthe conditionwhich wipes out the ar- rearsshould be consider(sic) on itsmerits in eachindividual case. Nowthis wouldlead to endlessdelay and confusion.The tenantsin arrearsas a rule cannothelp it. Theywere rack-rented for ages. Theyare in debtto shop- keepersand to banks.Some of them had theircrops destroyed by bullocks sentin uponthem in summerbefore crops were ripe - thetenants having beenpreviously evicted. In 1882and 1883I had to providefor three hundred evicted families in thisparish, many of them or thegreat part of them on theGranard estate. Onlythat I managedto get/1500 duringthat period and reinstatedthe evictedtenants, we had noneof them today to purchase their farms. These circumstancesshow that the condition requiring the forgiveness ofarrears is notunreasonable. T.C.

44 JohnGeorge MacCarthy to Dr Browne,21 April1891 MCA, 111/19

MyDear Dr Browne Non-official As ourjurisdiction is basedon thecontract of the parties I haveno powerto intervenein anycase in whicha contracthas notbeen lodged. As regardsthe cases in whichapplications have been lodgedvery grave delayhas occurredon thepart of the landlord but at presenthis solicitors appearto be proceedingenergetically. Be assuredthat nothing shall be wantingon mypart or on thepart of ourofficers to expeditetern so faras we can do so. Yoursfaithfully, JohnGeorge MacCarthy. 175

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45 P. A. Chance to Dr Browne,28 April1891 MCA, 109/8

Dear Dr Browne, I moved before Mr Comm[issione]rMcCarthy today (1) to have the sales alreadysanctioned expedited(2) to draw attentionto the owners refusalto accept Canon Cofrey's (sic) proposal. I filed an affidavitstating that the estate was insolventand thatthe residue would become unsaleable unless the offersmade were accepted. I statedthe case and referredto the dates viz petition for sale 2 Feb[ruary][i8]88, carriage to owners 27 April [i8]88, transferto land courtfor sale 13 May [18)89, originatingstatement 29 June [18)89, Lord Granard's death September] [18)89, lodgment (sic) of title 9 June[18)90, lodgment(sic) of turbarydeeds May [18)90, returnof said que- ried 8 July1890, appointmentof new trustees17 Novfember][18)90, & di- rectionsfor searches 11Feb[ruary] [18)91 - all significantdates. I also pointed out the certaintyof a deficiency& the factthat an absolute orderfor sale was made by JudgeMonroe & the proceedings transferredmerely in order to use the machineryof the land court for selling; and pointed out that the trusteesalone are primarilyinterested in the amount of purchase money. Messrs Crozier (bytheir clerk) refused to accept the termsoffered by Father Conefry(sic) and the comm[issione]rmade a note in that part of the case 'ownersrefusing the comm[issione]rshave no jurisdiction'. On the question of delaythe comm[issione]rsaid 'he confessedhe must say withregret but under the pressure of his judicial obligationsthat there had been grave and unnecessarydelay in prosecutingthe sales, chieflyin 1890 when duringan intervalof almost a yearnothing effective was done to his knowledge'. Mr Darley who was present asked leave to make a state- ment.This was granted& he said thathe hoped to effectsales ofthe residue at much betterprices than Canon Conefry(sic) offered.He declined to state thatthe estate was solvent,and admittedthat he had kept back fromsale, agriculturalholdings adjoining the demesne but not separatedby a wall, as he thoughtthey w[oul]d sell betterwith the demesne. It was also admittedthat a rentalof about /1000 (includingthe demesne) w[oul]dnot be saleable in the Land Commission as the land was not agricul- tural,& thatthe owners declined to take any step to sell this,until the land purchase sales were completed as 'theycould not have proceedings going on in two courtsat the same time'. Mr Comm[issione]rMcCarthy ended byrequesting that the effortsmade duringthe past fewmonths sh[oul]dbe continuedand the estatewound up withoutdelay. At my request he also directedMessrs Crozierto proceed to have the lay tithesredeemed. It appears to me that the trustees sh[oul]d apply to Judge Monroe to directthe sale of the non agriculturalland to proceed in his courtwithout 176

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delayand thatthe tenantson agriculturalholdings not yetsold sh[oul]d makedefinite written offers under the land purchase act which we sh[oul]d call upon JudgeMonroe to accept.It seems perfectlyidle to exemptthe demesnefrom sale anylonger. A deficiencyis a certainty& thedemesne mustbe sold. The positionas faras fundsseems to be: Salesby Land Commission] less purchasemoney of tithe rent chargesetc. £74,000 16,000

58,000

Residue£1,000 a yearat 15y[ea]rs' purchase 15,000 73,000

Lesscosts of owner 3,000 £70,000 It seems that 171purchase contracts are stayedbecause of the gross inaccuracyof the survey lodged by the owner & MrMcCarthy requested the ownerseither to correct the survey or employ another surveyor. 141 cases are stayedfor othercauses which Messrs Crozierhave been requestedto removewith expedition. These 317cases covera totalsum of£44,600 but are includedin my calculationwhich shews an availablebalance of £70,000. I thinkthe matter sh[oul]d be laid beforethe Trustees at once,& I shall preparea formalreport & sendyou 40 copiesof it, if you wire me tomor- row, Yoursvery truly, P. A. Chance.

46 JohnGeorge MacCarthy to Dr Browne,28 October1891 MCA,111/19

MyDear Monsignor, Confidential Ofcourse, it would not be rightfor me to advisein a case whichI shallhave to considerjudicially; but it seemsto me thatall partiesconcerned should considerthe propriety of applying to thecourt under the provisions of the 14thsect of the Land Law IrelandAct 1887 to paythe proceeds of all sanc- tionedcases into the Bank of Ireland. The advantageof such a courseis thatif the motion were carried, the fundwould bear interest pending distribution. 177

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The disadvantageis thatall antecedentrent and interestshould (if not paid) be released exceptas to the last precedinghalf year. But this disadvantageis probablynot considerable having regard to thepoverty of thetenants, and thedifficulty ofobtaining decrees for ad interiminterest in faceof a recentdecision of the Queen's Bench. YoursFaithfully, J.G. MacCarthy. 47 JohnGeorge MacCarthy to Dr Browne,10 December1891 MCA,111/19 MyDear Dr Browne, Private It strikesme thatthe real difficulty in respect to theGranard estate will be thearrears of rent and interestdue bythe tenants and which must be paid, satisfiedor released(except as to one gale) beforethe money can be paid intobank. The advisersof the vendor may not deem themselves at libertyto sacri- ficeeven the chance of recovering these arrears by legal proceedings. On theother hand if the tenants were denuded of stockand capitalby such proceedingsit maybecome impossible to make advancesto them atall. In thisstate of things it maybe worthyof your consideration whether youshould not offer to give absolute credit for the amount of such arrears if thepurchase moneys in all sanctionedcases be paid intothe bank within some specifiedtime and ifreasonable progress be made in respectto the unsanctionedcases. Yoursfaithfully, J.G. Mac Carthy. 48 Fr ThomasConefrey to Dr Browne,11 December 1891 MCA,111/26

MyDear Dr Browne, I enclosea statementof the stateof the tenants on the Granardproperty, whichhas been signedby the tenants who have not as yetbought out their farms. This statementis now in thehands of Mr McCarthyof the LandCom- mission. I hope it may have the effectof showingMr McCarthythe injusticedone the college by multiplyingcosts in consequenceof an unnecessarydelay in effectingthe sales. 178

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It is [?]to see howthe parties managing the estate are acting. A numberof processes for rent were served here some months ago. The tenantstook a defenceand the Co[unty] Court judge postponed the trying of thesecases tillnext March owing to some informalityin thefilling of the processes. Mr Crozierhas latelysent letters threatening the tenants with writs for rentwhich the tenants are unable to pay.Now all theirproceedings involve law costsand theloss to the collegemust be enormous.It is witha view to stop such proceedingsthat I got a statementof the tenantssent to Mr McCarthy.If you thinkI can do anythingmore to expeditethe sales suggestit and I willcarry out your suggestion. I am acquaintedwith all thedetails of the terrible war waged here for the lastten years between landlords and tenants.I am naturallyanxious for a peacewith honor as muchas withjustice. Hopingyourself and your colleagues are well. I remain, MyDear MonsignorBrowne, Yoursfaithfully, ThomasConefrey.

49 JohnGeorge MacCarthy to Dr Browne,20 December1891 MCA, 111/19

MyDear Dr Browne, Private

I hopeyou were satisfied with the result of Thursday's proceedings. It seems to me thatI have got the matterinto a good grooveand providedsome remedy against the injustices from which you suffered. This has, no doubt,been achievedat a pecuniarysacrifice to your trustees:but I reallythink that the sacrifice is moreapparent than real. Anyhow,it affordsa conclusiveanswer to insinuationsof hardness &c whichare too often levelled against ecclesiastics, and presents another illus- trationof the absolutely high-minded way in whichyour trustees have dealt withthis matter so faras itcame under my cognizances. Mr Crozierhas been at the commissionnearly every day since and is nowthoroughly alert. Yoursfaithfully & respectfully, J.G. MacCarthy.

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SO Drumlishtenants to]. G. MacCarthy,December i8gi MCA, 111/19

In re[gard]The Granardestate The tenantson above estateto J.G. Mac Carthy,Esq.

Dear Sir, We, the tenants on the above estate, take the libertyof addressing you regardinggrievances under whichwe labour about purchasingour farmsof land. A few remarksare necessaryto enable yourhonor to understandthese grievances.We beg to state thatour land is intrinsicallybarren and would be unsuitable for agriculturalpurposes were it not for the great labour expended in reclaiming it from bogs and mountains. The land system which hithertoenabled the landlordto compel the tenantto pay forhis own improvementwas availed of to the full extentin our case. This is proved fromthe greatreductions got fromthe land commissionersfixing judicial rents. Some tenants (who had means to put theirlands in the courts) got reductionsfrom 30 to 50, and in some cases 70 per cent. Others,for want of means, were unable to put theirlands in the courts,and were reduced to a state of beggaryfor striving to pay a rack-rent.When we got a chance of buying we were prepared to give a fair price for our farms. We offered, throughour parish priest,the Rev Thomas Conefrey,thirteen years pur- chase, takingthe governmentvaluation of the land exclusiveof the houses as a basis. As we builtall the houses on our farmsat our own expense we do not consider it just to continuethe dishonestsystem of compellingus now when buyingout, to pay forthe fruitsof our own industry. The trusteesof MaynoothCollege (who are the principalcreditors, have accepted the terms offeredthrough Father Conefrey. We agree to offerthe same termsnow. Anyjust man who knows the barrennessof our farmswill acknowledgethat our offeris fairand reasonable. That offerhas not been accepted by Mr Darley. Latelythe estate lawyerhas sent us lettersthreatening us withwrits for arrears of rack-rentswhich we were unable to pay. If such writswill be executed we may as well abandon the farms altogether and will be compelled to go into the workhouse,as the executionof these writswould absorb all our means. There is no reason thatcan be assigned on our part whythe sales cannot be effectedat once on just and fairterms. We saw it alleged that the delay in effectingthe sales on above propertywas due to disputes about bogs and othercauses. We agree to allow such disputesto be settledby arbitration. We wish to avoid an error into which some of our neighbours have fallen on above estate. Many of them bought when evictedwith a view to

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get intotheir houses. Theytherefore promised to givea pricefor their farmswhich they find from experience they are unable to pay. Withthese facts before your honor we ask forthe sake of justiceand charitytowards ourselves and ourdistressed families to use yourpowerful influenceto have the sales on aboveestate effected as soonas possible. Wehave the honour to be, YourHonor's obedient servants, P.S. Anycommunication with which you honour us maybe directedto Rev ThomasConefrey P.P., Drumlish, Longford.

51 P. A. Chance to Dr Browne,25 January 1892 MCA,109/9 Dear Dr Browne, Tomorrowan applicationwill be madeto lodge money in Granard.I shallof courseapply to haveit investedin G[rea]tNorthern and G[rea]tSouthern debenturesas directedby his grace. Y[ou]rssincerely, P. A. Chance

52 JohnGeorge MacCarthy to Dr Browne,18 January 1892 MCA,111/19 Non-official

MyDear Monsignor, I findthat I was in errorin supposingthat I had agreedto have an anticipa- toryinspection made of the holdings respecting which no agreementshave been lodged.The arrangementwas thatMr Crozier& Mr Chanceshould havethe lands inspected by some valuer mutually appointed with a viewto agreeingon certainadvances to be askedfor. We havean inspector'sreport on mostof thesecases and willthus be ableto decideon theproposals when made. The non-agriculturalholdings must be dealtwith outside court. Perhaps Mr Chanceand Canon Comphrey(sic) may be able to arrangethat these holdingsshould either be purchasedby the tenants for cash, or by some friendlyoutsider who would treat the tenants fairly. MrCrozier is makinggreat efforts to keep his engagementand as I write threeof our staffare helping him. Yoursfaithfully, J.G. MacCarthy. 181

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53 JohnGeorge MacCarthy to Dr Browne,2j January1892 MCA,111/19 Non-official

MyDear M[onsi]g[no]r, I had yesterdaythe pleasure of making an orderfor payment into the Bank ofIreland to creditof the matter of £41,188. Thissubstantial sum represents the am[oun]t of the advances previously sanctioned,less £10,876received for guarantee debts to which(subject to ourclaims) you will also be entitledand whichbears interest at £2:15:0 percent. Atthe request of Mr Chance I directed£2,500 to be keptin cashfor the redemptionof certain charges, £10,000 in consolsfor further redemptions lateron, and the restin debenturestock of GreatNorthern and G[rea]t Southern]& W[estern]R[ailwa]ys. Allinvestments are madeby our official brokers amongst whom I have longsince nominated O'Donnell and Fitzgerald.(The brokers take the order monthby month in turn.) I have also sanctioneda largenumber of othercases and directedMr Crozierto applyin due courseto lodge these costs also. Mr Croziersuggested putting up the non agriculturallots forauction locally.This may be worthconsidering. Crozieris reallyworking the case hard- cominghere personally almost everyday and sometimestwice a day. Chanceis steadilywatchful. Shrewd and helpful. Yoursfaithfully, J.G. Mac Carthy. 54 Estateof earl ofGranard: G. D. Cochrane'sreport on Castleforbesdemesne, February1892. MCA,109/9 I havebeen requestedby Messrs Crozier and Sons to estimatethe saleable valueof the residence and demesneat Castleforbes. The mansionhouse or castle is ofvery considerable dimensions most of thebuilding being comparatively new, with very extensive outoffices in the shapeof sevants (sic) rooms, stabling, coach houses &c &c. In factthe build- ingsare in everyway quite suitable for a manwith an incomeof £15,000 to £20,000 a year.In whatis knownas thedemesne there are about 574 acres ofland in grass,624 acresof wood, 205 ofbog & 78 acreslet to tenants. Of theland in handswith the exception of some 25 acresnone ofit couldbe

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describedas good.The restthough in grassis onlythird or fourth-class tillageland some ofit verywet & muchin need ofthorough drainage. As the demesnehas been plantedwith a viewsolely to appearancethe land availablefor grazing or tillageis verymuch scattered and froma farming pointof view so inconvenientlysituated that having regard to itspoor qual- ityan ordinaryfarming profit could not be made of it. The woodsare of largeextent comprising about 441 acres of upland & 183acres of bog. They on themap and at a distancelook imposing but on closeinspection it will be foundthat a greatdeal ofthe matured timber has been cut.There are a fewhundred good specimen trees adjoining the house & scatteredhere and thereover the demesne. Of the remainderthere is a smallproportion of marketablehardwood timberthe bulk being spruce & Scotchwith some larch. In myopinion the nettvalue of the upland timber at presentis /4:io:o peracre and ofthe bog timber£2:10:0 per acre. Supposing the timber was at once realizedby cut- tingit all down,the upland at present under timber I wouldvalue at 8/-per acre.The bogland at presentunder timber (if it should be cutdown) would be worthlessas theroots would not decay and it wouldnot pay to remove them. As regardsthe bog the villagers of Newtownforbes appears (sic) to have a rightof free turbary upon it when the wants of these villagers are supplied thereis no furtherdemand for turf so thatunless the bogs of all Irelandare bysome scientificdiscovery rendered valuable, the bog has no marketable valueexcept the contingency of some future value which I putat /ioo:o.o. CasÜeforbeshouse & demesneis essentiallya nobleman's or gentleman's residence.Treating it as a residence,its advantagesare a largeand hand- some house withexcellent outoffices placed in a prettilyplanted demesne lyingalong the River Shannon, a railwaystation within a mileand a halfof the house, post officeand telegraphoffice close to the frontgate. Its disadvantagesare - thebuildings are onlysuitable for a wealthyman, no man withmoderate means could live in them or keep themup. The questionthen to be consideredis has theplace such attractionsas would inducea wealthyman to buy it? Granting the advantages above stated, there are no socialadvantages. The CountyLongford is now almostdenuded of gentry,there is no huntingexcept a scratchpack of harriersgot together thiswinter, there is no generalshooting in thecounty and the place is three and a halfhours from Dublin. Under these circumstances I cannot con- ceivea wealthyman buyingit. In myopinion it willbe foundthat in the marketthe castleand the officesare unsaleableand thereforevalueless exceptas buildingmaterial and forsuch there is almostno demandin the district.In factit is doubtfulif anything could be gotfor them as building material. BelievingCastleforbes to be unsaleableas a gentleman'sresidence esti- mateto valuesimply so muchland availablefor farming, so muchtimber

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capableof being sold and so muchbog. Dealingwith it in thisway my valuationis as under Annualvalue of the land for farming /32° Assumingtimber to be all cutdown Annualvalue of land at present under timber £180

Marketvalue Twentyyears' purchase of annual value £10,000 Presentvalue of timber 2442 Bog 100 18years' purchase of land let to tenants 1,152 £3.694

55 P. A. Chance to Dr Browne,11 March 1892 MCA,109/9

Dear M[onsi]g[no]rBrowne, I enclosefurther letter rec[eive]d from Crozier this morning. Please return it. It is verypositive as to queries.I notethat £52,000 sh[oul]dhave been lodged& thatonly £40,000 oddwas lodged. Y[ou]rsvery truly, P. A. Chance.

56 JohnGeorge MacCarthy to Dr Browne,30 March1892 MCA,111/19 Non-official

MyDear Monsignor, I had pleasurein makingan orderyesterday for payment into Bank of Irelandto creditof the estate of LordGranard of a furthersum of£6,607 exclusiveof guaranteedeposit amounting to £1,830and representingthe purchasemoney of 65 holdings. Permitme to suggestthat Mr Chancemight usefully ask vendor'ssolr fora scheduleof all queried,refused, and pendingcases witha viewof ascertainingaccurately what is beingdone in eachcase. In the refusedcases the acceptanceof lesserterms did not come in untilthe Ashbournefunds were exhausted. The new applicationsmust,

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therefore,be underthe Act of '91.109It maybe wellto explainthis to the goodCanon who so shrewdlylooks to the interest of his people. Yoursfaithfully, J.G. MacCarthy

57 JohnGeorge MacCarthy to Dr Browne,$i March 1892 MCA, 111/19 Private

MyDear Monsignor, The purchaserswhose cases havebeen sanctionedand thebulk of whose arrearshave been so generouslyforgiven should at once paythe half years interestwhich is theirsole liability at present. Theyhave no defencewhatever and no claimon anyone moralor legal. I am surethat if the good Canon [Conefrey] understood this he wouldpre- ventwhat really would be a shameand a scandal- injuriousto the interests ofall honesttenant purchasers in Ireland. Yoursfaithfully always, J.G. MacCarthy

58 P. A. Chanceto Dr Browne31 March1892 MCA,109/9

Dear M[onsi]g[no]rBrowne, Messrs Croziers'last letterto me statesthat the comm[issione]rsare satisfiedwith the answers they have given to thequeries except ten which areamongst the last sanctioned. I have written to them for the particulars of these cases. I note thatin the finalschedule of incumbrancersMessrs Croziers'claim thattheir costs of sale shouldbe paid in priorityto the trustees'demand. You will recollect that Messrs Crozier got carriage on the assertionthat the estate was perfectlysolvent and thatMr Cartonobtained JudgeMonroe's promise that this would not be forgottenwhen their costs came in question. Under these circumstancesI should like some instructionsas to thepropriety of objecting to givethe costs priority. I also see thata judgmentfor £5,000 was givenpriority of the mortgages but this I thinkis right. Yourssincerely, P. A. Chance.

109 51& 52 Viet.,ccii (5 Aug. 1891). 185

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59 P. A. Chance to Dr Browne,2 April1892 MCA,109/9

Dear M[onsi]g[no]rBrowne, I havethoroughly investigated this case. 324 cases havebeen sanctioned& £52,064 paid intothe bank;of this£10,876 is guaranteedeposit. In 69 cases an orderhas been made to pay £8,347into bank & thisincludes £1,830guarantee deposit. 6 cases in Co. Leitrim& 3 in Co. Longfordare pending.14 in Co. Leitrim& 109 in Co. Longfordam[oun]t[in]g to £20,655 have been refused.The bulk of these cases were refusedjust because of am[oun]tof purchasemoney & next (when re-lodged)because the Ashbournemoney has been exhausted.Fresh agreements under the new actsh[oul]d be [illegible]but Messrs Crozier hope the commission] may be inducedto rescindtheir ruling & allowthese cases to be dealtwith under theold acts. I fearit will be difficultto displaceMessrs Croziers' claim for costs, the ruleof the comm[issione]rs being to givethem priority. . . . Yourssincerely, P. A. Chance.

60 JohnReynolds,110 Drumlish, to Fr ThomasConefrey 7 April 1892 MCA,111/26

MyDear FrConefrey, I am happyto tell you that your discourse to the tenants of Lord Granard on Sundayabout their obligation to pay the halfyear's interest has had the desiredeffect. In compliancewith your request I haveundertaken to sendto MrDarley anymoney that Lord Granard's tenants are bound in justiceto pay. A numberof tenants have lodged their half years' interest with me since Sunday.Others who have not the interest at presenthave promised to getit whenthey can sell cattlein thecoming fairs. All the tenants are anxiousto do whatis justbut they were mislead (sic) by wrong advice. You have set themright. I remain, Mydear Father Conefrey, Yoursrespectfully, JohnReynolds P[oor] L[aw] G[uardian]. no A memberof Drumlishpoor law guardians. 186

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P.S. As I am preparedto payready cash for my land can younegotiate with Mr Chanceso as thatI maybuy out my land at once?All cash receivedby me up to thepresent has been remittedto Mr Darley.All sumsreceived in futureshall be remittedat once. 61 Copy:Irish Land CommissionLand Purchase(Ireland) Act:the earl of Granar d' s Estate:Opinion of Counsel (Mr GeraldGriffin), 30 April1892 MCA,109/9 The documentsbefore me were 1. The abstractof incumbrances (no. 2) of1842 June 13th 2. Reportof Master Goold in thelands of Lottiev LeinsterLottie v O'Key and Lottiev [illegible] 3. Two draftschedules of incumbrancesof the Longfordestates the secondbeing that settled by the examiner. Fromthese documents I haveextracted the following statement of all such factsas appearto me capableof beingby anypossibility relevant to the questionsraised by the order in whichthe charges in theseestates appear in theschedule. The Longfordlands are in theschedule classed in twoparts: Part I deals withlands which were owned by George Earl of Granardprior to October 31st1825 and partII deals withlands whichwere the propertyof George JohnViscount Forbes acquired by him prior to October31st 1825. The trusteesof MaynoothCollege are entitledto a sum of£91,592:7:2 securedon landsbelonging to the earl of Granard situate in thecounties of Longfordand Leitrim. This sum is securedby mortgage of the Longford estates affected in the year1843 an(i under the following circumstances. In 1871(sic 1781) 3rd of January the third earl of Granard being seized in fee createdby a settlementa termof 10,000 yearsto raise a chargeof £10,000.Of this charge the sum of^5,613:11:7 was stilldue in 1843an(^ this sum was in 1845a firstcharge on theLongford estates. It is nowvested in thetrustees and theterm is heldin trustfor them. It formsportion of the £91,592:7:2. In 1781July 4th a termof 999 yearswas createdby settlement to raise anothercharge of £10,000. Of thischarge the sum of£6516:8:2 was still due in 1843,and thissum was in 1843the second charge on theLongford estates.It also is vestedin the trusteesand the termis held in trustfor them.It formsanother portion of the £91,172:7:2. A largenumber of judgmentswere entered and registeredagainst the earlof Granard between 1781 and thenext deed of1825 October 31st and he createdalso a numberof annuities for lives. These formedcharges on the Longfordestates puisne to the two charges mentioned above. 187

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In 1822Trinity term a judgmentwas enteredup by HenryMarquis of Lansdowne111against George John Viscount Forbes112 who had thenno es- tatein thelands. This was a securitycollateral with a mortgagefor / [not specified]secured as a firstcharge on threetownlands known shortly as Kennedy'sIsland purchased by George John Viscount Forbes. In 1843the sumdue on footof this charge amounted to /4754:i9:n. In 1825October 21st George Earl of Granardby deed grantedall his estatessubject to theincumbrances then subsisting in themand subjectto twoannuities (since expired) and subjectto a chargeof £\ioo forhis two daughtersequally - to GeorgeJohn Viscount Forbes who undertook to pay the earl of Granard's debts.This chargeof /1200 is now vestedin the trusteesas partof the /91,00c. Upon theexecution of this deed thejudg- mentof 1822 took effect on theestates conveyed to ViscountForbes puisne tothe then existing incumbrances. Betweenthe 31stof October1825 and the date of the deathof George JohnViscount Forbes many other judgments were entered up effectingthe estatesso acquiredby him and he also contractedspeciality and simple contractdebts. In 1835August the nth George John Viscount Forbes under his willde- visedhis estatesto the duke of Leinster and othersfor a termof 900 [years] to payhis debtsto secureand to raisecertain legacies and annuitiesand subjectthereto in strictsettlement. In 1836November 30th George John Viscount Forbes died. In 1837June 9th George Earl of Granard died. In 1837May 9th Loftie,a judgmentcreditor filed a billagainst the duke ofLeinster and othersto administerthe estate of Viscount Forbes and carry outthe trusts of the deed of 31st October 1825 and Viscount Forbes will. The marquisof Lansdowne was a defendantin thissuit and the persons benefi- ciallyentitled to his judgmentwere also parties. In 1838May 8th Loftie filed a Billagainst O'Key to administerthe estate of GeorgeEarl of Granard.A thirdsuit was commencedby Loftieagainst Armstrongand othersin referenceto someof the charges. 1838June 7th the decreein thesetwo suitsmade and MasterGoold directedto report concerning priorities of incumbrances etc. 1842June 13th Master Goold reported. 1842 November17th final decree whereby the demands of theplaintiff and otherpersons found by the report (except the mortgage on Kennedy's Island)were directed to be paid and weredeclared charged on thelands mentionedin the pleadings.And it was orderedthat the trustees should in Bornin 1780,the 3rd marquis of Lansdowne represented a variety of constituencies in Britain in the courseof a prominentpolitical career during which he held a numberof cabinet posts including chancellor ofthe exchequer (1806-07) an£* home secretary (1827-8). He diedin 1863;Burke's peerage and baronetage, pp 1539-40. 112Eldest son ofthe 6th earl of Granard who predeceased his father.It was his son,George Arthur,who was offered the mortgage loan by Maynooth. 188

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raiseby mortgage sums to pay off the incumbrances save the mortgages on Kennedy'sIsland. In 1843,/ 171*000 was raisedand lodgedin court.£71,000 of thiswas chargedon the Longfordestate and £100,000 on the Leitrimand West- meathestates. The £71,000was securedalso on the Leitrimestates by a secondmortgage. The £100,000 was afterwardspaid offby sale of the Westmeathestates. In 1843August the 8th a numberof securitydeeds were effectedto chargethe lands in Longfordwith those sums. With respect to the £371,000 thesewere (1) A mortgageof the termof 900 yearsunder the deed of 1825in the Longfordestates. (2) An assignmentof the term of 1,000 years of 1771 (3) Do 999 1781 (4) Do twosums of £600 chargedby deed of 1825. Thesewere also assignedby deed of same datetwo terms of 500 yearsand 1,000 yearsin portionof the lands in partII of the scheduleviz: Tully, BrownBog (Lisagernal[?]) and St Johnstownand whichland secureda mortgagedebt of £2,300 created in 1792.This sum is believedto have been paid offsome timeafter 1812 but theterms was notthen reassigned and a termof 200 yearsto securea lifeannuity of £300 whichwas thereby released. Anotherassignment of same datewas executedwhereby Lofty (sic) the plaintiffin thethree suits assigned the decrees and orderstherein and the benefitof themso faras theyeffected the Longfordlands as a collateral securityfor the sum of £71,000. Also thelegal feein the Longfordestates (then vested in Sir R[ichard] Levinge113)was byhim conveyed in trustto securethe £71,000. These severalsecurities are nowvested in theMaynooth trustees or are heldin trustfor them to securethe £91,000. Byorder of 1843 August 14th out of the sums of stock in courtstock was orderedto be transferredto the judgment creditors according to a reportof the 10thAugust 1843 on the said creditorsproducing warrants to satisfy theirjudgments. There were further reports made, not before. I assumethat the judgment creditors produced these warrants to satisfy theirjudgments and werepaid thesums due themby transfer of sums of stock. The mortgageon Kennedy'sIsland and the judgment of 1822 collaterally securingit were not paid off in 1843,me ownersthereof preferring to retain it and reducingthe interests payable as an inducementto permitit to re- mainoutstanding.

113 Sir Richard Levinge,7th Baronet,was born in 1811and resided at Knockdrinin CountyWestmeath wherehe owned around5,000 acres. He was MP forthat county from 1856 to 1865. He died in 1884; Burke's peerageand baronetage,p. 1599. 189

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In 1871April 8th the trustees of Maynooth College agreed with the earl of Granardto lend moniesto pay offcharges and in the agreementit was stipulatedthat good title should be madeto theterms of 900 yearssave as to thejudgment of 1822 if and so faras same mightappear to be a subsist- ingincumbrance on theestates in priorityto saidterm. Certain other mort- gageswere in 1844executed pursuant to the decrees &c. and amountedto £ [notspecified] in equal prioritywith the mortgages for £71,000. Since these mortgagesan exchangewas effectedof a smallportion of the lands which arenow substituted by others. A petitionfor sale in the Land JudgesCourt was presentedand order made thereonand the matterhas been transferredto the land purchase departmentof the Land Commission. The examinerI settlingthe draftschedule of incumbranceshas ar- rangedthe priorities of the several charges on thelands mentioned in partI ofthe schedule as follows- Aftercosts, quit and crownrent, tithe rent charges, and drainageloans 1. The chargesecured by 1000 yearsterm created in 1771belonging to Maynoothtrustees/5 613 111:7 2. The chargesecured by 999 yearsterm created in 1781belonging to Maynoothtrustees/65i6:8:2 3. The judgmentof 1822 belonging to Hort /[notspecified] 4. The chargeof £1200 createdby deed of 31stOct. 1825belonging to Maynoothtrustees/1200 5. The residueof £91,592:7:2 secured by mortgages of 8thAug[us]t 1843 and subsequentmortgages belonging (sic) to Maynoothtrustees. As theestate is likelyto provedeficient the question of the priority given to thejudgment of 1822 becomes of importance. The followingobservations occurto me as bearingon thisquestion: 1.Is thisjudgment entitled to priorityover the £1,200 created by deed of 1825.I thinkit is not so entitledbut shouldrank puisne to the chargeof £1,200on thefollowing grounds. At the date of the judgment George John ViscountForbes against whom it was obtainedhad no interestwhatsoever in theestates included in partI ofthe schedule. The judgmentthen did not effectthe lands and couldnot effect them until he acquiredsome interest thereinand would only effect such interest as he acquired. The deed of 31stOct[ober] 1825 was the one by whichhe acquiredan interest.But that interestwas subject to the previouslyexisting incumbrancesand also expresslysubject to the£1,200 charge created by thatdeed. The incumbranceof the judgmentcreditor than (sic)attached onlyto ViscountForbes's interest in the lands and was thusas a charge puisneto the charge of £12.00. (Asto the lands in partII ofthe schedule which were the property of the ViscountForbes prior to 1825 the judgment is entitledto the priority given it bythe examiner.)

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2. Partof the monies advanced by the mortagees of 1843 an^ x^44 (who are representedby the Maynoothtrustees) having been appliedto the purposeof payingoff judgments which were incumbrances prior to the judgmentof 1822 (i.e. judgmentsagainst George Earl of Granard obtained beforeOct[ober] 31st 1825) and having been advanced pursuant to the decree ofthe Court of Chancery should not the mortgagees be deemedto standin theshoes of these judgment creditors in respectof the monies contributed bythe mortgagees which the court used topay off these prior judgments so as to givepriority over the judgments of 1822. The principlesuggested appears to be equitableand to be somewhat analogousto theequity marshalling funds. But I havebeen unableto find anyauthority to sustainit. It is truethat in twoIrish cases Greenv Stoney (Ir.Eq. R. 301)and Kirbyv O'Shee (1Jo. 565) mortgagees were held entitled to standin the place of judgmentcreditors. But in boththese cases the mortgageeshad obtainedassignments of the judgmentsa factwhich of courseentirely distinguishes these cases fromthe present. See also Parryv Wright(1 Sim.& St 369), and (5 Russ.142); and Medleyv Horton(14 Sim. 226). Againwhat happens if (as wouldseem to be thecase) thejudgments the priorityof whichthe Maynoothtrustees desire to obtain,have to be satisfiedof records?Such judgmentsare dead. How can theybe used for anypurpose? Againthese judgments have not been re-docketted (sic) and re-registered pursuantto statute.How thencan theyremain effectual against the owner ofthe judgment of 1822 who is a 'creditor'within the terms of the 7 and 8 Vic.and C.9035.2.&6, athoughnot a 'purchaser'? In 1843me mortgageesconsented to let theirjudgments remain out- standing.If they had desiredthey could have insisted on itsbeing satisfied ofrecord (Fitzgerald v Land (3 Eq. R. 339))or they could have insisted in his joiningin the conveyanceto themto postponehis charge.Or lastlythey mighthave stipulated that the prior judgments should be assignedto them, insteadof having them satisfied. If they had takenthis course there could havebeen no questionabout their priority - See WattsV Symes(1 De. G. M. & G. 240); Adamsv Angell(5 Ch. D. 646) also Phillipsv Gutteridge(43 De G. and J.531). Forall thesereasons I am ofopinion that the Maynooth trustees are not entitledto the priority of the judgments paid off out of their money. Although I am unableto feeldoubt on mis point,I am sensibleof the slightvalue of my own opinion,and consideringthe large sum of moneyat stake, I stronglyrecommend that the opinion of seniorcounsel be takenon the point. 3. If(as I gather)the lands called Kennedy's Island, on whichthe moneys securedby the judgment of 1822 are a firstcharge by virtue of a mortgage collateralto the judgment,are not partof the securityto the Maynooth trustees,cannot the latter marshal in respectof the two sets of lands?

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I am ofopinion that should the owners of the judgment and mortgage on Kennedy'sIsland, elect to resortto the fundsproduced by sale of the estateson whichalone the Maynoothtrustees have theircharge secured thelatter are entitled to standin theshoes of the owners of the judgment in respectof the mortgage on Kennedy'sIsland. This equity should be enforced I thinkin a substantiveproceeding against the three townslands (sic) called Kennedy'sIsland, assuming that those lands are not included in anypetition. GeraldGriffin, 77 HarcourtStreet, Dublin. April30th 1892. 62 Statementissued on behalfof Granard estate tenants, n.d. [c. 16 May i8$2].1H MCA,111/26 We theundersigned purchasing tenants on aboveestate testify that we met Mr Raffertythe stewardfrom Castleforbes in the house of Rev[eren]d Tho[ma]sConefrey P. P. of Drumlishon the 16thinst and thatsaid Mr Raffertyon datementioned produced a listof the names of us purchasing tenantsand thatopposite each tenant'sname was giventhe amountof purchasemoney which the tenant was expectedto payfor his farm.That amountof purchasemoney according to Mr Rafferty'sstatement was the amountfixed upon each farmby Mr Barringtonincreased by one year's rentwhich year's rent was added on accountof arrears.Mr Raffertyon occasionmentioned produced a letterfrom Mr Crozierin whichthe latter statedthe year's rent should be addedaccording to instructions given by the trusteesof MaynoothCollege through the adviceof FatherConefrey. We agreedto payaccording to Mr Barrington'svaluation with the year's rent addedto said valuation. We agreedto this for peace sake though we believed in justicewe weregiving too much for our farms. Whenwe camebefore the magistrate on the17th inst to signthe agree- mentsas arrangedon previousday Mr Raffertyproduced a newlist of our namesand increasedthe purchase money in everyinstance. We considered thisunfair. We refused to signthe agreements on suchterms. We will insist on gettingan authenticcopy of Mr Barrington'svaluation either from Mr Barringtonhimself or from Mr Chance and we will abide by Mr Barrington'svaluation solely without any additional year's rent added to it. Anyonewho knowshow we havebeen rackrentedfor farms reclaimed out ofbogs and mountainshow we havebeen persecutedby the late Lord Granardand his emples(sic) must admit that our offer is notonly just but generous.An examplewill show how we wouldhave been wrongedif we

114There is a similarstatement dated 27th May 1892 signed by twenty-five tenants, 17 December 1893.

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acceptedthe termsoffered on 17thinst by Mr Rafferty.In case of James Molloyundersigned Mr Raffertytold him on 16thinst that his purchase moneywas /160. On 17thinst he statedthat the purchase money was raised from£160 to j£i8o. The sameproportional increase was madein eachcase. Wewill not stand each injustice from the representations ofthe rackrenters ofCastleforbes. Wethe undersigned purchasing tenants: JamesMolloy MichaelLarkin X JohnCarolan JamesMcNally BernardCarolan X

63 P. A. Chanceto Dr Browne,5 January 1893 MCA, 110/10

Dear Dr Browne, I attendedyesterday before the Land Judge's examiner with Mr Crozier and itwas arrangedthat we shouldmove on thesecond day of term to havethe proceedingsrevived for the purpose of conveying the demesne etc. to Lady Granard.I fearthis will be a somewhatlengthy operation, but we neednot careas Mr Crozierhas promisedme to havethe purchase money invested in jointnames, in such securitiesas you approveso thatwe shallget the interestwhile the law proceedings are going on. I have not yetheard from anyone a definitestatement of whatLady Granardis purchasingoutside the demesne. I understandthere are other unsoldbits of townlands which are to be includedand Mr Crozierthinks the residue,upon whichthe governmentrefused to make any advance mightbe sold to gombeenmen, a coursewhich I am sureyou would not desire,if you could possibly avoid it. I havealso askedhim to takesome stepsto haveKennedy's Island, and theother lands not included in ourmortgage sold to thetenants. I under- standthey are worthbetween £3,000 or £4,000 and as thetrustees will standin ProfessorHort's place the entire of this sum will come to us. Kindlylet me knowfrom who I shall get a definitestatement of the bargainwith Lady Granard and also directionsas tothe stock and namesin whichher purchase money is tobe invested. Yourssincerely, P. A. Chance.

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64 EdwardDarley to Dr Browne,y July 1893 MCA, 110/17

Dear Sir, As I informedyou at the interviewwe had the rentwhich was fixedon FatherConefrey's holding referred only to one ofhis holdingsno. 233on rental.The old rentof this holding was £5:14:6and as youwill perceive by theenclosed document it was fixedat £y Thisnew rent would run from ist May1889. The rentsof his otherholdings have not been alterednor, so far as I know,can everbe alteredby the Land Commission.He owes now £47:1:9and I shallbe gladto haveyour instructions whether I am to apply tohim for this money or not. Yoursfaithfully, EdwardDarley.

65 PatrickRooney [for P. A. Chance]to Dr Browneîojuly 189} MCA, 110/10

Dear Dr Browne, MrChance writes me thismorning that he has no suggestionof any practi- cal valueto make as to the realizationof the residueof the aboveestate, inasmuchas no one is likelyto giveany reasonable price if the tenants wont buy,and thetenants know this perfectly well and actaccordingly. The difficultproblem is to getany price at all forthe holdings which the land commissionersdecline to advancemoney upon; and as to thesemy onlyproposal is toinduce a fewof the richer tenants in eachdistrict (if such therebe) to buyon a bargainto resellwithin 10 yearstaking 5 or 6% for theirmoney in themeantime, as rent.The richermen could buy at very low ratesand 5% of theirmoney would enable them to cutdown the present rents verylargely. Probably a consolidatingmovement would set in amongstthe poorer tenants under this plan, and we mightfinally arrive at holdingslarge enough to satisfythe land purchase commissioners. Yoursrespectfully, PatrickRooney for Mr Chance.

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66 EdwardDarley to Dr Browne,lj August1893 MCA,110/17

Dear Sir, I am muchastonished to learnfrom Mr Crozieron myreturn to business thatyou had statedthat I had neglectedto call on theirtenants for their rentsand interestsduring the last coupleof years. Whoever told you this toldyou what was nottrue. I havehad anynumber of collections, and the tenantsall overthe estate have been fullyadvised, both by printed posters, and also bythe bailiffs calling on themand seeingthem personally, and in manycases each of the tenantshad besidesa printedcircular sent them showingthe amountdue. Of course one cannotbe surprisedthat the tenantsdo notpay any rent or interest when they have the example of their parishpriest before them. Yoursfaithfully, EdwdJ. Darley.

67 EdwardDarley to Dr Browne,7July 1893 MCA,110/17

Dear Sir, As I informedyou at the interviewwe had, the rentwhich was fixedon FatherConefrey's holding referred only to one ofhis holdingsno. 233 on rental.The old rentof this holding was £5:14:6and as youwill perceive by theenclosed document115 itwas fixedat £3.This newrent would run from istMay 1889. The rentsof his otherholdings have not been alterednor, so faras I know,can everbe alteredby the Land Commission. He owesnow £47:1:9and I shallbe gladto haveyour instructions whether I am to apply tohim for this money or not Yoursfaithfully, EdwardDarley.

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68 REPORTOF THE CLERICALCOMMISSION Appointedto conferwith the tenants of the unsold residue ofthe Granard estate MCA, 111/25

TO THE MOST EMINENTAND MOST REVERENDTHE TRUSTEES OF MAYNOOTHCOLLEGE

We have the honour to reportto your lordshipsthe result of the commissionwith which we wereentrusted by a resolutionof your board, dated 27thof June,1893, 'to visitthe unsold townlandsof the Granard estate,and conferwith the tenantsas to the termson whichthe unsold landswould be purchasedby the occupiers, with a viewto reportingto the autumnmeeting of theboard, for the considerationof thetrustees, such arrangementsas theymay find themselves able to recommendas to the resultof the negotiations/ As the unsoldresidue mentioned in the statementpresented to your lordshipsat the recentboard meetingby the Messrs Crozieris almost entirelysituated in the districtsthat surround Longford, Newtownforbes and Drumlish,we fixedupon thosetowns as centresto whichthe tenants could convenientlycome forthe conference.We spentfour full days in receivingthem, one byone. In all about140 tenantsappeared before us to explainthe transactions that have taken place in recentyears in regardto theirtenancies and theirpresent condition, and to make offersfor purchase.We haveprinted the details of each interview in a separatereport, whichwill also be presentedto yourlordships for your instruction and guidance,and whichis, forobvious reasons, to be regardedas a con- fidentialdocument. We have accordingly marked it 'Confidential'. We wereattended, during the conferencewith the tenants, by the law clerkof Messrs Crozier and bythe local agent or stewardof the estate. The presidentof the college informed us thathe invitedthe agent, Mr Darley to accompanyus, but Mr Darleyexcused himself from attending on the groundthat he was aboutto go on vacation. In thisreport we purpose(sià) to lay beforeyour lordships, for your informationand guidance,such observationsand recommendationsre- gardingthe unsold residue 'as we findourselves able to makeas theresult ofour conference and negotiationswith the tenants/

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OBSERVATIONS I THE CROZIER 'STATEMENTOF RESIDUE'

The presidentof the college informedus that the documentcalled 'Statementas to theresidue of the estates' was sentby the Messrs Crozier, throughhim, for the informationof yourLordships at yourrecent board meetinglast June. Assuming the document - whichwas presentedby the solicitorsfor the estate who have also carriageof the sale to yourboard in - responseto an applicationfor a fullstatement of the unsold residue tobe correct,we naturallytook it withus to be our guide.We soon foundit, however,to be inaccuratein some,and misleadingin severalimportant particulars.For instance: 1. In some cases the tenantshave had fora considerabletime 'judicial' rents,but the Crozierstatement sets forthquite a differentrent, and generallya higher one. (See numbers108, 109, 112). 2. In the greatmajority of cases mentionedin the Crozier'Statement of residue',the tenants had at sometime (generally in theyear 1889, or in 1890) signedagreements with the landlordfor the purchaseof their holdingsfor a definitesum. Nowthe consequences of such agreements were:- a. That,from the date of such agreementthe tenant was to pay,as the lawprovides, at the rate of 4 percent on theamount of purchase, and thatthis interest or yearlyinstalment was to takethe place of the formerannual rent. The interestwas receivedby the agent for one or moregales. Now, we foundset down as rentin theCrozier 'Statement ofresidue' (given to us forour guidance) in practicallyall thesecases notthe annual interest on thepurchase money, or even a referenceto it,but theold rentwhich is notablylarger, and whichonce thatan agreementto purchasehad been made,practically ceased to exist, excepton paper.This was verymisleading b. Again,when the agreement to purchasewas signed,some arrange- mentsregarding arrears must have been come to, as the Purchase Commissioncould not sanctionany case in which the tenant continuedin debtfor rent beyond one halfyear. Yet we foundthat in the Crozier'Statement of residue'the amountof arrearsis not calculatedon whathas been unpaidsince the date of agreementto purchase(indeed little account is made of such arrearsin most instances),but when arrears are mentionedat all,they are, as a rule, thearrears that had accumulatedfor years preceding the date of the agreementto purchase. Such a documentis verymisleading. It would be obviouslyof muchmore importance to let yourlordships know what tenantshad signed agreementsto purchase,and for what

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amount;and to informyou of those who had failedto pay the annual instalments,and why. 3. An inaccuracy,which is in curiouscontrast with the one we have just mentioned,is thefollowing:- namely, that in nota fewcases wherethe tenanthas notpaid rentfor years, and has continuedto thepresent to pay no rent,he is set down in the Crozier'Statement of residue'as havingan entirelyclear record under the heading of arrears.(See Nos. 86, 88, 89, 90, 102,126.) 4. Lastly,we have to bringunder the noticeof yourlordships that some holdings,and a numberof valuable tenements, situated in thetown of Newtownforbes,were omitted altogether from the Crozier 'Statement of residue.'Neither was thereany mention in it ofthe property known as 'Kennedy'sIsland'. We mentionthese matters to showyour lordships the character of an offi- cialdocument presented for your information as tothe present condition of theestate. II THE CESSATIONIN THE PAYMENTOF INSTALMENTS

In connectionwith the agreementsto purchasemade betweenlandlords and tenantssome years since, we haveto reportthat several tenants, who have not paid the annualinstalment for the past yearor longer,excused themselveson theground that contrary to the custom of the estate, they had receivedno applicationfor rent from the agent or bailiff, or rent-warner,or byletter, or in anyform for the rent. (See Nos.38, 90, 112,117, 125, 129, 249, 250, 251,253.) Several of the tenants told us thatthey would have willingly continuedto pay the instalmentshalf-yearly, if they had been asked for them,but that it was now quitea differentand muchharder thing to pay the accumulatedrent which was allowedto run on throughno faultof theirs.In some cases, we broughtthe rent-warnerface to facewith the tenants,and the rent-warner had toadmit that he was notcommissioned to give,and, as a matterof fact,did not givethem the usual noticefor the paymentof rentduring the periodmentioned by the tenants.The agent will,we presume,explain to yourlordships how thishappened; but the statementof the numerous tenants,if true, reveals the state of disorganisationon theproperty. Ill THE LEGALMETHODS FOR PRESENTINGTHE AGREEMENTSFOR PURCHASEBEFORE THE LANDPURCHASE COMMISSION

Anotherobservation has occurredto us in connectionwith the agreements forpurchase:-

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As we have statedalready, most of the tenantson the unsoldresidue signedagreements to purchase.They had done theirpart, so faras they knew,and naturallyleft the legal aspectof theircase to the lawyersin charge,now, we findthat when the cases came beforethe Land Purchase Commission,most of them had to be set aside,now for one obviouslegal defect,and again foranother, such as the following:-the boundariesof tenancieswere not defined; or theholding was heldjointly by two tenants; or thetenant had on his holdingan under-tenant;or thetenant was notin occupancy,and so forth. It wouldseem to be an easything for a lawyerto informhimself of the rulesof the Land PurchaseCommission, and, consequently, an easything to understandthat such cases couldnot be acceptedby them. We do not knowwhat effort, ifany, was madeto preparethe cases in accordancewith the rulesof the Land Commission,but the mannerin whichthey were presentedseems to have resulted in greaterdelay in effectingthe purchase, in a feelingof greatdissatisfaction in theminds of the tenants, and in an all-roundloss tothe trustees of Maynooth.

RECOMMENDATIONS

1. It seemsto us tobe hopeless,speaking generally, to expectfrom the tenants thepayment of arrears, and consequentlyinexpedient to obstructthe sales oftheir holdings to those who offer a reasonableprice ex nunc,by insisting on thepayment of arrears. In mostcases, practically in everycase, arrears cannotbe exactedwithout a slowand expensiveprocess of law; and thelaw expensesand theloss of currentrent will more than counterbalance any paymentof arrearssecured in thisway. This remarkapplies with greatest forceto the poorer tenants. 2. We recommendthat the cases ofthe tenants on theunsold residue be re- examinedand preparedby the lawyers, in thelight of the rules of the Land PurchaseCommission, and remittedto it fortheir acceptance. The Land PurchaseCommission is willingto takeup againall rejectedcases thatfall withinits jurisdiction. 3- Atto the priceto be fixedon the differentholdings, we feeljustified in recommendingyour lordshipsto accept the price which our Clerical Commissiondeclares, as theresult of their investigation, to be satisfactory. Thereare many cases in whichwe can so declare. Agreementsto purchaseshould be sentto suchtenants for signature at once.Delay is injuriousto yourinterests, and also harmfulto thematerial and moralinterest of the tenants.

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4- In case ofdisagreement or doubtas to thepurchase price, we recommend to get,if possible, the valuation of the Land Purchase Commission, and to abideby it. Ifthe Land Purchase Commission will not interfere, before an agreement to buyfor a definitesum be enteredinto between landlord and tenant,we recommendthat in such cases our ClericalCommission, in consultation withthe twobishops already in chargeof thiswork, would fix upon the pricein each case, furtherinvestigation, if necessary, being made forthe purpose. 5- We recommendthe appointmentof a small committee,with power to decide questionswhich cannot be settledat present,regarding price of purchase,boundaries, turbary &c. itwould be forthis committee to utilize theaid ofthe local priests for purposes of inquiry or mediation, to direct the solicitorsto acceptoffers which they (the committee) approve, and so forth. We are satisfiedthat five-sixths of the outstandingcases can be settled speedily,if only a littleenergy and earnestnesson thepart of those having authorityto actare used in followingup thework of sale. Whenthe great majority of cases are settled,it would be mucheasier to dealwith the few troublesome tenants than it is at present. 6. As thecases whichpresent difficulty are largelydependent on the appor- tionmentof turbary, we feelit a matterof great importance to adviseyour lordshipsnot to partwith any portionof the bog lands whichmust be availablefor distribution, if the tenantsare to becomethe purchasersof theirholdings. We are notwithout much fear that it is in themind of the estaterepresentatives to possess themselves of large sections of bog. If this be allowed,great dissatisfaction among the tenants,and considerable depreciationof their holdings will be theresult. 7 As a consequenceof whatwe have just stated,it is a matterof great importancethat you should get at oncethe map ofthe demesne and other portionsrecently sold to LadyGranard. This map shouldset forthexactly the measurementsgiven in Mr Cochrane'sreport and valuationwhich determinedthe full extent of the lands sold to LadyGranard. The president of the collegeinformed us thathe appliedto MessrsCrozier again and againfor this map, and has failedto getit. 8. We ventureto expressstrongly our conviction that, after your appointment ofa commissionto negotiatewith the tenants, there is no courseopen to yourLordships but to sell the whole of the residueto the tenantsin occupation.

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We areinformed that an attempthas beenmade, since our commission to conferwith the tenantrywas approved,to buyportions of the residue overthe heads of the tenants in occupation- that,in fact,Lady Granard has made a proposalfor the purchaseof the villageof Newtownforbes.It is alleged,in herfavour, that Lady Granard did notget a prioropportunity to purchase.But how can thisbe a fact?Has notNewtownforbes been in the marketsince the Granardproperty was set up forsale? Yetthere was no proposalall thistime on herpart. Is not Newtownforbesset downin the verystatement of unsold residue which was presentedto your board by her solicitors,and whichwas put intoour handswhen setting out to 'confer withthe tenants and negotiatewith them for the purchase of theunsold residue'?Yet up to the timewhen the tenants,relying on the bonafide characterof the commissionentrusted to us by yourlordships, came forwardin responseto our invitationand made offers,in most cases reasonableoffers, for the purchase of their holdings, no offerwas madeby LadyGranard to buy Newtownforbes. It occursto us thatthe tenants would have a veryreasonable ground of complaint,if theirconfidence in yourcommission which elicited their honestbidding, was nottreated seriously, but suffered to be used as a mere spurto hasten on thepurchase of their holdings by another. Itmust be bornein mindtoo that a sale tothe tenants will realize at least as much,and accordingto our calculationconsiderably more, than the latestoffer made by Lady Granard. Finally,we understand,that the experience of a recentpurchase effected byLady Granard has notbeen in all respectsso satisfactoryas to encourage a secondexperiment in oppositionto the interests of the tenants. ROBERTBROWNE JOSEPHCANON HOARE JAMESCANON O'FARRELL JAMESDONNELLAN

POSTSCRIPTBY THE PRESIDENTOF THE COLLEGE Thereare some mattersconnected with the unsold residue of the Granard propertywhich I havelearnt as theresult of personalenquiry, and which seemto me oftoo much importance to withhold from your lordships. Beforeproceeding to Longfordon the business of our Commission I calledon Mr CommissionerO'Brien at theoffices of the Land Purchase Commission,to learn from him, if possible, how matters stood. In replyto my inquiries,Mr O'Brien had no hesitationin strongly censuringthe delay in closingthese sales, and then,placing his hand on a bundleof Granard cases whichlay on thetable, and which,for one legal defector anothercould not pass his court,added that he had complainedof

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themanagement of the matter again and againto those having the carriage ofthe sale, but with little effect. On the day followingmy interviewI receivedthe followingletter, whichwill give your lordships some notionof how the business has been conducted: The IrishLand Commission, 24, UpperMerrion Street, Dublin,8th July 1893

Rev[erend]Sir, I am directedby the Irishland commissionersto transmitto you herewiththe enclosedcopy of a letterwritten by themto Messrs Crozierand Son, and to statewith reference to yourinterview with Mr CommissionerO'Brien yesterday,the letterwill show how mattersstand as regardsthe sale ofthe estate. Yourobedient servant, JOHNH. FRANKS THE PRESIDENT, St Patrick'scollege, Maynooth.

[copy] The IrishLand Commission, 24, UpperMerrion Street, Dublin,8th July 1893.

ESTATEOF THE EARLOF GRANARD

GENTLEMEN, I am directedby the Irish Land Commission to informyou that fur- thercomplaints have been made as to thegreat and continueddelay in closingthe sales which have been sanctioned on thisestate. It appearsthat in additionto the78 cases in whichvesting orders have been recentlylodged and settled,there are 26 cases in which themoney has been paid intobank; but the draft vesting orders for whichhave not been lodged. Thereare 44 cases,some of which were sanctioned so longago as Marchand April,1891, and as to whichthere is no reasonwhy they shouldnot have been paid underthe 14thsection long ago; nor is thereany reason why the vesting orders in theabove cases shouldnot havebeen lodged before this. In explanationof previouscomplaints made by the land com- missionersas to theundue delayin the carriageof thissale, it was

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representedthat delay was causedby the necessity of obtainingthe consentof the trustees of Maynooth to the certificate under Rule 85. The commissioneris informedthat the trustees have always been, and are readyto giveany consent that may be necessaryto expedite thesale, as theprolonged delay in closingthe sales has alreadycaused themserious loss and inconvenience. Yourobedient servant, MESSRS THOMAS CROZIERAND SON

On myreturn from Longford I again called on Mr CommissionerO'Brien tomake enquiries as tothe effect of selling the holdings in theLand Judges' Court,rather than in PurchaseCommission. He informedme thatthe sale throughthe Land Judges' Court would be of the slowestand mostexpensive kind. The expenseof makingout title wouldin manycases amountto more than the purchase. In fact,the sale of theseparate holdings to thetenants would be practicallyimpossible in the LandJudges' Court. Yet, your lordships will note that in theCrozier state- mentnearly all theholdings are markedTo be sold in the Land Judges' Court'. I thenasked Mr O'Briento takeup againin his courtthe cases which had been rejectedby it formerlyfor one cause or another.He promisedto do so and addedthat it was competentfor his courtto deal withthe hold- ingsin thevillage of Newtownforbes and Drumlish,as he regardedthem as agriculturalvillages. Lastly, he toldme thatit is competentfor his courtto givea vestingorder even in thecase ofa cashpurchase. He thenwrote for me a memorandumwhich I givehere:

IRISH LANDCOMISSION- AGREEMENTSFOR PURCHASE OFFICE ESTATEOF LORD GRANARD Minute- 1.Where sales havebeen refusedfor insufficient security, if new agreementsat a satisfactoryprice are lodged,the sales can be carriedout by vesting orders in theLand Commission. 2. Wheresales are made forcash, they can be carriedout by vesting order,the usual agreementorders being lodged. 3. Thereis no occasionto carryout theseproceedings through the mediumof the Land Judges' Court. 4. Specialcare should be paidto thepreparation of agreements as to descriptionsand mapreferences, the earlier agreements having been veryincorrect, and causedmuch delay. M. O'B.

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Finally,Mr O'Brien sent me a listof cases which the Purchase Commission has sanctioned,but forwhich they cannot pay overthe money,owing to some defectcaused chieflyby the delayin forwardingthe cases by the solicitors.

THE MAP OF LADYGRANARD'S PURCHASE I applied,again and again,to MessrsCrozier, but with no success,for the map ofthe lands included in LadyGranard's purchase, which are defined bythe acreage given in Mr Cochrane'sreport. Mr Chancealso wrotefor it frequently,and has also failedto getit. We appliedto Mr Cochranefor it, and he answeredthat he had no map. I have,however, succeeded in gettingthe measurements mentioned in the Cochranereport marked on an ordnancemap, and certifiedto be correctby an expert. I cannotconclude this postscript without telling your lordships, on the partof Fr Donnellan and myself,how greatly the work of our Clerical Com- missionis indebtedto the zealous and effective co-operation of CanonHoare and CanonO'Farrell. The taskof negotiating with the tenants for the sale of theirholdings was a difficultand delicateone for Canons Hoare and O'Farrell,seeing that the tenants were their own people or parishioners; but theybrought to the work a prudence,a firmness,and an earnestness,which overcamedifficulties, and securedfor our commissionwhatever success had attendedit. We owe also our gratefulacknowledgements to his lordshipthe bishop ofArdagh, for his fatherlywelcome and forhis generoushospitality during ourstay in Longford. ROBERTBROWNE, President.

CONFIDENTIAL REPORTBY THE CLERICALCOMMISSION Ofthe particulars of their conference with the tenants on theunsold residue portionof the Granardestate. With observations on the Croziers'State- mentsas tothe residue of the estates (sic)'.llG AGHANORAN i. JAMES(FRANCIS) REI LLY- Judicialrent, £21, Mr Barringtonvalues at.£325. Under process for non-payment of3 % years'rent. Offers£275. Referto PurchaseCommission for Mr Roche's valuation.

116 The numberprefixed to each name correspondswith the numbergiven in the 'Statementas to residue of estate'presented by Messrs Crozierto the trustees.

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2. JOHNCOMMINSKY - Judicialrent £23. Signedan agreementsome- timeto purchasefor /390. Land Purchasecommissioners set aside case, as therewas a disputeabout a pass throughhis land. We were informedby a representativeof Messrs Crozier that the Land Commissionwould advance /350. Tenantcomplains that he has been deprivedof a pass, without whichhe wouldnot buy at all. The case as to pass to be referredto mediationof the parish priest, and thenthe case tobe remittedto the Land Purchase Commission for offerof advance. 3. JAMES(TERENCE) LEONARD - Signedagreement in '89 topurchase for£256; consequentlyhis annual rentfrom that time is £\o.The Crozierstatements sets down the rent as £16,and the arrears at £58 17s 7d. The same statementmentions that the tenant refused to buy,and theholding is marked,'to be soldin theLand Judges' Courf . The tenantsoffered us /200, withone years'arrears. We do notknow why the case was set aside bythe Land Purchase Court,or what value they set on theholding. We recommendto remitthe case tothe Purchase Commission, and toabide by their valuation. 4. FRANCESLENEHAN, OR LEONARD- Signedagreements sometime to purchasefor /160 - rentfrom that time £6 8s od. The Crozier statementsets down rent still as £9 10s,and arrearsat £6} 6s. It was statedthat the PurchaseCommission will advanceonly /125. Not explainedto us whyPurchase Commission set aside thiscase, but the Crozierstatements says that tenant 'refused to buy',and marksthe holdingas one 'to be sold in LandJudges' Court'. This tenantdid not appearbefore us. ANNAGHMORE 5. MICHAEL SPEARMAN- This tenantsigned agreement formerly for /140. The commissionerscould not entertainit on the groundof 'under-letting\He has his motheron the place as an 'under-tenant'. This tenantsoffer, in cash,/120 for the holding. We recommendthis offer. 7. GEORGE DREW- Signedagreement under Ashbourne act; cannot say forhow much.Crozier statements alleges tenant refused to sign undernew Act, and holdingmarked to be soldin LandJudges' Court. Tenantin nowwilling to buy and offers/125. Recommended. BALLAGH 8. MrsE. CASEY (JAMES)- Signedagreement sometime to purchase for /138.We wereinformed by representative of MessrsCrozier that the PurchaseCommission will advance only /100. A disputeas to titleof holdingis nowsettled. Tenant is willingto signagreements for j£ioo. 205

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9. Representativesof MAJORGREGORY- This holdingis attachedto MajorGregory's demesne; owes no arrears;present rent £6 5s.Tenant allegesthat fair rent would be £3 3s. Tenantoffers £yo forpurchase. MrBarrington valued at /90. Wethink that the Barrington valuation to be a fairone. It is doubtfulif thisholding can be sold in the Land CommissionCourt, as it is attachedto MajorGregory's demesne and formspart of it. The tenantwill not make a cash purchase.In the Crozierstatement of residue,this tenantis returnedfor /11 5s 8d arrears,though we sawhis receiptdsto ist May 1893. BARRAGHMORE 11. MICHAEL MOLLOY- had a holdingat a rentof £6. He is now in America,and has made overhis holdingto his sister,who offers£j$ underthe Land Court for it. We recommendthis offer for acceptance. BARRAGHMORE 13. JAMESHENRY- Has a holdingat a rentof £1 12s. He offersto purchaseunder the Land Courtat £yj 10s.We understandthat there will be no difficultyin gettingthis case throughthe court.We recommendthe offer for acceptance. CARROWBEG AND GARROWHILL 19. BRIDGET FARRELL- Signedagreement sometime to purchasefor /330; consequentlyannual interest or rentabout £\y In the Crozier statementthe rent is setdown at /18 15 s. The tenanthas twoholdings - one in Carrowbegand one in Garrowhill.The case was refusedby Purchase Commission,because the tenant could not agree to amalgamateboth holdings. She now agreesto amalgamation,and is willingto signagreement for /300. We recommendto accept the offer. CLOONFORE 21. JOHNHOPKINS is engagedin disputewith his neighboursabout the bog boundary.This and similarcases are referredto theparish priest for settlement;and when boundaryquestion is settled,all such questionsto be remittedto the Purchase Commission. 24. MAYFARRELL - Rent£1 6s 8d. She signedan agreementto purchase some timeago for/20. The commissionerswould not sanction it, as tenanthad no visiblemeans, not even a house on theholding. If the commissionersdo nottake up thecase again,we shouldrecommend to sell for/15, as thereis some likelihoodthat she can getthe money fromfriends in America. 26. JAMESMAGUIRE- This tenantand his neighboursof the townland ofCloonfore have been disputingabout the partition of the bog. With thesepoor tenants the allotment of bog, or ofexhausted bog-land is a matterof greatimportance. Without bog theseholdings are almost valueless.Hence the importanceof retainingthe bog forequitable

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distributionamongst such tenants. Until this bog distribution is finally settledthe Land Purchase Commissioners cannot take up thecases. 29. JAMESEGAN - Thistenant's rental is 13s4a. He is willingto pay £5 in cashfor the holding. It would seem to us that£j wouldbe a reasonable price,though the place is so miserableand smallthat it is noteasy to fixthe value of it. Note that this tenancy also was tobe soldthrough the LandJudges' Court, in whichcase itwould be practicallyimpossible for thetenant to pay for title. 30. GREGORY OATES- Holdingclose to demesne;marked in Crozier statementto be sold in LandJudges' Court; don't know why. Rent £}. Offerj£62 10s. Recommended. 32. PETER CASH- Rent£2 5s. Set downin Crozierstatement as £112s. Offers£40. Offerrecommended. 33. BARTLEMAHON - Rent£$ 10s. In Crozierstatement, rent set down as £j 13s2d. Holdingadjoins demesne; marked in Crozierstatement to be soldin LandJudges' Court. No reasonfor this course. Tenant offers £75.Recommended. DRUMMEEL 34. MARY DOLAN- Yearlyrent, us. She offered£9 forher holding,or over16 years' purchase. She actuallytendered the cash, which we were unwillingto take,as our commissionwas onlyto enquireand report. Moreoverwe wereinformed by the representativeof MessrsCrozier thatshe shouldtake out a titlethrough the Land Judges' Court, which wouldbe expensive.We regardthe offer made bythis poor tenant as the fullvalue of her holding,which is, we were informed,a very miserablething by the wayside.According to the Crozierstatement thisholding was tobe soldthrough Land Judges' Court. 35. REV M. MONAHAN- His yearlyrent is /8 12s 6d. The landlords' portionof the taxes to be paidamounts to about15s, which reduces the netrent to £y 17s 6d. FrMonahan is willingto purchasefor /160, if he can buyhis holdingunder the Land Purchase Commissioners. This is up to 20 years'purchase. 36. RepresentativesofP. D. LEE- No one appearedto representthis hold- ing, nor could we get accurateinformation regarding it fromthe gentlemanwho attended from Mr Crozier'soffice. It was supposedto referto somebog. Rent set down at £1 5s. 37. FEELY- We wereinformed by the representativesof MessrsCrozier thatFeely had purchasedalready for /30. 38. WILLIAM DENISTON- Signedagreement to purchasein the year 1889for £1,400. Consequently his annualinterest or rent since then is £56. The Crozierstatements sets down the rent as £10019s. He paid theinterest on presentrent on thisamount (£1,400) to Mr Darleytill

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November1891, inclusive; paid nothing since then, because he was not askedfor it directly or indirectly since that date. The case was firstset aside bythe Land PurchaseCommissioners, on the groundthat he had twounder-tenants. This objectionis now removed,as Denistonallows the under-tenants to purchase,each his ownholding, while Deniston purchases the residue. They are willing to purchasefor the amount of the originalagreement, £1,400 - Denistonbuying for £1,170, and each of the under-tenantsfor £115. Denistonand each of the under-tenantsare willingto pay one half year's interestor rent. Deniston's arrearson presentrent would amountto £84. He is setdown in theCrozier statement as in arrearfor £355.They will, we presume,explain this and all similarcases. 40. DENIS FARRELL- Is dead. His representatives,viz., his two sons, Johnand Denis Farrell,and his son-in-law,Laurence Crowe, have been evictedfrom the holding. They have been admitted back as caretakers. Theyare disputingabout bog, and untilthis dispute is settled,and the boundariesrectified, the case willnot be receivedby the Land Court. We recommendthat that case be referredfor settlement to the parishpriest and MrRafferty, the bailiff on theestate. DERAWLEY 41. ALICE AND ANNE CONNOLLY- Sistershave divided their mother's holding,the rent of whichwas £6 13s.They will purchase under the Land Court for £37 10s each. We recommendthese cases for acceptance. 42. BRIDGET MULBERVEY- Has a holdingat a rentof £5 10s îod for whichshe offers£6zf under the Land Court. We recommendthis offer foracceptance. 44. JAMESAND DANIEL McGEE,brothers - appearedbefore us. They are disputingabout boundaries, and are not preparedto settle.We recommendthat the case be referredto the parish priest. EDERCLOON 46. THOMAS COX,JAMES DRUM- Thesetenants signed agreements to purchase,but case was setaside byPurchase Commission on account of a disputebetween them as to boundary.Dispute now settled,and theyare willingto sign agreement,each for£62 10s od. We recom- mendto remitcase to PurchaseCommission. In theCrozier statement theholdings are marked for sale in LandJudges' Court. EMBEYS 48. REV B. O'REILLY,represented now by Rev JohnBriody, P. P. No appearance.To be offeredfor terms similar to thosegiven to Father Monahan.

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49. DANIELMAGUIRE - Thistenant agreed formerly topurchase for /80; but owing to a dispute regardingbog with a neighbour,the commissionerscould not enter into the case. The disputeis nowat an end. The tenantnow declinesto purchasefor more than/50. We suggestto accept whateverthe Land Purchase Commissionare preparedto pay for it, blotting out arrears. GARROWHILL 51. ELLEN McCORMACK-Has a holdingat a rentof £9 10s. Her son, ThomasMcCormack, who is nowin possessionof the holding, offers to purchaseit underthe Land Court for /150. He mustfirst prove his titleas representativeof Ellen McCormick(sic) and we recommend thenthat the case be referredto the Land Court. GREAGH 56. JAMESROGERS - Signedan agreementto purchasesometime for /150.Rent in Crozierstatement /13. No arrearsin Crozier'sstatement aftertenants on thistownland. The case was not sanctionedby the LandCourt, for some reason or other.He willsign now only for /100. We recommendthat this case be referredto the Land Courtat Mr Roche'svaluation. KILMORE 57. MISS HOLMES- This tenantsigned an agreementsome yearsago to purchasefor £323. The case was set aside by Land Purchase Commissionerson the groundthat she had not sufficientmeans to enableher to pay the instalments. Tenantis verypoor. She alleges thatthe amountmentioned in formeragreement is too much.She now offersto purchaseat /280, payingin addition£6 to wipeout arrears. The PurchaseCommission willingto advance /280. We suggestto accept what the commissioners arewilling to givefor the holding. 58. 59. BRIDGET O'GARA- representedby PAT DONEGAN and JOHN McNAMARA- PatDonegan signed an agreementsome years since to purchasefor /180. John McNamara, his neighbour,signed at thesame timean agreementto purchasefor £65. The PurchaseCommissioners set aside thiscase, owingto a disputebetween the tenants (Donegan and McNamara)as to theirboundary. The boundaryis, we weretold, nowfixed. Donegan hesitates to signfor j£i8o, on theground that the amountis excessive.McNamara is willingto sign forthe original amountoffered, £6$, if he getssome bog, without which his holding is ofvery little value. We referredthe case to CanonO'Farrell, who is to reportthe result of his intervention.

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60. ARTHUR HOLMES- We wereinformed that this tenant's case has passed the PurchaseCourt, though he is set down in the Crozier statementas onewhose holding is tobe soldin theLand Judges' Court. LISAGERNAL,NEWTOWNFORBES 64. MISS CASSERLEY- Signedagreement to purchasefor £50. Case set aside by Land PurchaseCommission on groundthat the tenantwas not in occupancy.Will now sign for^125, if Land PurchaseCom- missionadvance the money. Will make lower offer, if payment is tobe in cash. We recommendcase to be remittedin firstinstance to the PurchaseCommission. KILMACANNAN 65. PETEROATES - Is willingto give£10 in cashfor holding. His rentis £1per annum. Offer recommended. LISAGERNAL 66. MARY SOMERS- Rentset downin Crozierstatement, £6 8s. Case markedto be soldin LandJudges' Court; don't know why. The holding adjoinsthe demesne. Offers £100. Offer recommended. 69. JOHN CARLIS (ANNE)- Rent£]. Is willingto sign agreementfor /175.This seems to be verylarge amount for purchase of such a rent. 70. BERNARD COX- Rent £4. Holding adjoins demesne. Markedin Crozierstatement to be sold in LandJudges' Court; do notknow why. Tenantoffers £62 10s.Offer recommended. 71. TERENCEGUNSHINAN- Has a holdingat a rentof £4 10s,which he offersto purchaseunder the Land Courtfor /50. The court,we understand,will sanction this amount. LETTERGULLION 72. BRYANand JOHNREILLY - Fatherand son have now dividedtheir holding,the rent of which was /15.The fatherretains one-third of the holding,and willpurchase under the Land Courtfor /60, or at Mr Roche'svaluation. The son has two-thirdsof the holding,and will purchasefor /115 under the Land Court. We recommendthat these two cases be referredto the Land Court. 74. ELLENWHITNEY- Has threeholdings at /1216s per year. She offers to purchasethree holdings under the Land Courtfor /135. The law clerkof Messrs Crozier states that there will be no difficultyin getting this case throughthe Land Court.We thereforerecommend it for acceptance. THOMAS AND PATRICKWHELAN- Fatherand son havebeen evicted fromtheir holding. Their names have not been returnedto us by MessrsCrozier. We recommendthat the case be referredto theparish priestfor settlement.

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62. GEORGE(JANE) McDERMOTT- Rent/17. Willing to signagreement for^275. Offerrecommended. LISBRACK,NEWTOWNFORBES 77. THOMAS IGOE- Has fourholdings (two in townand two in country). Rentof town holdings £5 is od. Rentof holdings in thecountry /12 19s 6d. Tenantoffers £75 cash fortown holdings, and /100 forcountry holdings,which latter will be boughtthrough the Land Purchase Commission. 78. JOHN EDGEWORTH,Rose Cottage-Rent /30, the landlordbeing obligedto keepcottage in repair.This holding consists of a handsome cottage,with 8a 2r 7p ofland. The tenantoffers /400 in cash or/500 ifthe Land Purchase Commission will buy and advancethe money. MostRev Dr WOODLOCK- Rent(less by half the poor rate) £23 15s 5d. To be boughtat 18years' purchase for £428 17s6d. Recommended.Case notgiven in theCrozier statement. OGHILL 80. ANNEHART - Signedan agreementto purchase sometime, under the Land Court,for /220. Her rentfrom that date wouldbe about£9. MessrsCrozier set it downat /12,and the arrearsdue at /90. The agreementfor purchase was notsanctioned by the Court. Her husband nowoffers to purchase under the Land Court for £ 150. We recommendthat this offer be accepted. 82. ALEXANDER AND JAMES CAMPBELL, brothers-had a joint holding,now divided.Alexander has 16 acres,and offersto purchase underthe LandCourt for /155. He promisedalso to paya year'srent. JamesCampbell has 9 acres,which he offersto purchaseunder the courtfor £83. He paid Mr Nolan,who is law clerkof MessrsCrozier, one year'sinterest (/3.6s.) on thissum. We recommendthese two offers for acceptance. 83. THOMAS HEANY,Junior- Is in America.His sisterMargaret bought herbrother's interest in thisholding for /240 in cash,Messrs Crozier retainingout of this sum the entire rent due atthe time on theholding. MargaretHeany's father appeared before us and offeredto purchase theholding for his daughterunder the Land Court for /80. We recommendthis offer for acceptance. JAMESCAROLAN - Not in Crozierstatement - Signed agreementto purchasefor /50. The boundariesof his holdingwere not then settled; and hence case could not be entertainedby the Land Court.The boundariesare now settled,and JamesCarolan is stillprepared to purchaseat /50, under the Land Court.

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We recommendthat this offer be accepted,and thatthe case be referredagain to the Land Court. The tenant'sname does notappear on listsupplied to us byMessrs Crozier. SORAN 84. JAMESLEE (JOHN)- Signedagreement sometime to purchasefor j£i2o;consequently annual rent or interestsince then about £5. Rent setdown in Crozier'sstatement as £j 9s. ^d. Allegedcause of rejectionby Land Court,because tenantwas in Americawhen case cameon. The tenantnow refuses to signfor /120, but offers /100. Refercase to LandPurchase Commission for Mr Roche's valuation. 85. JAMESARCHBOLD- Signedagreement for £Sy. Paid only one instal- ment.Did notappear before us. The tenantis a policeconstable. Returnedin Crozier'sstatement as owingno arrears.We havenot seenhis lastreceipt. 86. JOHN MURPHY (dead), representedby Mary Murphy-Signed agreementsome timeto purchasefor /100 - consequentinterest or rent,£4 - rentalset down in theCrozier statement as £&5s. Thistenant paid no rentfor six or more years, though in theCrozier statementthere are no arrearsagainst him. Case setaside by Purchase Commission on theground of incorrect areain agreement.Matter not yet conceded. We recommendremitting case, with correctarea, to purchase commissioners. 87. MICHAEL LENNON- Reportedin theCrozier statement to be dead. His representativedid notappear before us. Thistenant is setforth in Crozier'sstatement as owingno arrears.We have not seen his last receiptfor rent paid. We were informedby representativeof Messrs Crozierthat the LandPurchase Commission will advance £75 on thisholding. 88. MICHAEL MURPHY- Signedagreement some timeto purchasefor /290 - paid no rentfor four years, yet he is set downin theCrozier statementas havingno arrears. The tenantnow refuses to signthe agreement. Itwas statedto us byrepresentative ofMessrs Crozier that the Land Commissionwill advance /250 on thisholding. The case tobe remittedto LandCommission. 89. DAN MAGUIRE,represented now by his son- Signed agreement some timeto purchasefor £40. The tenantwho signedis now dead. The son refusedto signsame agreement.

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Thistenant has notpaid rent for several years, yet he is setdown in theCrozier statement as havingno arrearsagainst him. Remitcase to LandCommission for Mr Roche's valuation. 90. JAMESHUGHES - Signedagreement in '89 to purchasefor /88 - consequentlyannual interestor rentabout £$ 10s. In the Crozier statementrent set down at £5 16s 6d. This tenantpaid interestor renttill '91. Paid nothingsince, not havingbeen asked to pay. No arrearsare set against him in theCrozier statement. He nowrefuses to signan agreementto purchase. The tenantsgenerally in this townlandof 'Soran' expresseda willingnessto accept'Roche's' valuation. Mr Roche is thevalue (sic) for theLand Purchase Commission. Werecommend to remit case to LandCommission, and abideby its decision. 91. JOHNLENNON - Signedagreement some time to purchase for /220. Consequentlyannual rent or interest since then in /8 16s. The Crozierstatement returned rent as /13per annum. We were informedby representativeof Messrs Crozierthat the LandPurchase Commission will advance /200. Case to be remittedto LandPurchase Commission for Mr Roche's valuation. 92. JOHN HANNIGAN- Signedagreement some timeto purchasefor £275. Consequentlyannual rentor interestsince then is £11.The Crozierstatement sets forth rent as £179s. 8d. The case refusedby the Land Commissionon groundthat the tenanthad no visiblemeans of meeting instalments. No arrearsare marked in theCrozier statement against this tenant. We recommendto refercase againto theLand Commission for Mr Roche'svaluation. 93. PETERLEE, represented by Denis Maguire- Signedagreement some timeto purchasefor £325. Consequently annual rent or interestsince then/13. Rent set down in Crozierstatement, £25. Complainsbitterly that he has no turbary.Case rejectedby Purchase Commissionbecause of unsettled bog questions. Tenantnow offers /200 forholding without turbary, and /300 for holdingwith turbary. We recommendthat case be referredto parishpriest for settlement ofturbary, and then to PurchaseCommission for their valuation. 94. Representativeof PAT MAGRATH- Did not appearbefore us. We wereof opinion from what we heardof the holding (old rent£2) that thepurchase value would be about£25.

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95. PAT (FRANCIS) QUINN- Signedagreement sometime to purchase for£yjo. We were informedthat the Land PurchaseCommission wouldgive only /150. We recommendthat the case be remittedto Purchase Com- missioners,and toabide by its valuation. AUGHNAMONA 98. HENRY (KATE)M 'GARRY- Tenant's(Kate) husband signed agree- mentto purchase for /130. Husbandnow in America. Presenttenant declines to signfor /130. Recommendedto gether husband to conveytenancy to her, and the case tobe remittedto PurchaseCommission. Tenantoffers only £75. BELLAHEEHER 100. BRIDGET M'GARRY- Signedagreement for £58. Not explained why thecase didnot pass commission. Willnow sign for /50. Recommendedto refercase to commission. 101. FRANCIS(by MARY S H ANLEY)- Judicialrent £& 18s.(Returned in theCrozier statement as /1010s.) Tenantis a policesergeant, who is servingin a distantpart of the country.His wifeundertook to know from him if he willbuy for cash. MrBarrington's valuation /140. 102. MICHAEL (WILLIAM)S H ANLEY- Signedagreement to purchase for/113. Consequent rent since then about £4 13s.The Crozierstate- mentsets forth rent as £6. The PurchaseCommission would not advance/113. The tenant nowoffers £75, which seems fair. No arrearsmarked against him in the Crozierstatement, though he didnot pay for three years. 104. BRIDGET DEVINE- Offers£55. Case to be referredto Commission forMr Roche's valuation. CLONCOLRY 105. MICHAELDALY - Judicialrent is /1810s. Tenant is willingto sign for only£200. MrBarrington valued it as £160. We recommend£2.60 as amountof purchase, but also torefer case tothe Purchase Commission. CLOONLEGH 106. THOMAS SHANLEY- Has twoholdings, at judicialrent of £\o17s 6d, and /1410s. per year. Mr Crozier sets down the annual rent of the twoholdings, £33 9s. Mr Shanleyoffers to purchasethe two holdings 214

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underthe Land Court,at /360, providedMr Barrington'sarrange- ment,re turbary, is carried out. We recommendthe acceptance of this offer. CLOONEAGH 108. JOHNGEELAN - Judicialrent, £5 10s. The Crozierstatement sets forth therent as £8>2s., and arrears£25 6s. Barrington'svaluation, £&6. Tenantagrees to signfor £yo. To be acceptedor referred to Courtof Purchase. 109. THOMAS MAXWELL-Judicial rent, £4 10s.Rent set forth in Crozier statementas £6 14s. Offers£56. To be referredto Commissionfor Mr Roche's valuation. no. THOMAS KEENELAN- Signedagreement to purchasefor /155. Do notknow for certain why Purchase Commission did not pass thecase, butprobably because of unsettled turbary. Thistenant bitterly complains, and resentsthe action of the estate authoritiesin makinga publicpassage through his littlefarm to an extensivebog. This extensive bog (over40 acres)should belong to the Maynoothtrustees; but we fearthat it is aboutbeing seized by the estate,to thegreat injury of the tenants, and withthe power of after- wardsselling it to them.This case demandsclose investigation.The tenantcharged the local estatemanager (Rafferty) to his face as accountablefor this proceeding. CLOONMORRIS 112. JOHN GANLY- Judicialrent, £9 5s. id. Rentset down in Crozier statementas £1116s. 6d., with arrears of £84 10s.6d. Signedagreement to purchasefor /150. Paid intereston renttill 1890,but nothing since, as he was notasked for it. Agreesto signfor /150, and gives54 year's arrears. We recommend toremit case to LandPurchase. 113. Representativesof ROSE BEIRNE- JamesBeirne (representative) is reportedto have bought for /112. 115. PAT HOEY, representedby JohnFlynn. Judicial rent, £9 8s. The Crozierstatement shows rent as £1510s. Signedagreement to purchase for £235. JohnFlynn, present representative, repeats same offer,and under- takesto establishright of tenancy. Recommendcase tobe remittedto LandPurchase. 117. JAMESFLYNN (dead), represented by Thomas Beirne - Signedagree- mentin '89, to purchasefor £96. Consequently,annual rent nearly £4. Rentset down in Crozier'sStatement as £510s, with arrears of /18 9s. 9d.

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Tenantpaid intereston renttill '91; but not since,as he was not askedfor it. Tenantis willingto signagain for ^96, andwill pay arrears, £} 17s. We recommendcase tobe remittedto the Purchase Commission. CLOONTURK 122. PATRICKFITZPATRICK- Judicial rent, £9 15s.Signed agreement to purchasefor /180; paid one halfyear's rent in '90. Commissionrefused to advance/180. Secondagreement signed for/150. He nowagrees to signfor /125. To be referredto PurchaseCommission.

CLOONTURKAND KNOCKMACRORY 123. THOMAS BRADY- Has threeholdings; rent of all three,£39 2s 4d. Tenantoffers £575, or nearly14 years'purchase. Arrears to be wipedout. 126. MICHAEL REYNOLDS- Holdingnot whollyagricultural. Did not pay rentfor 1% years, yet he has a clearrecord as to arrearsin the Crozierstatement. Judicialrent for two holdings, /15 os. nd. Tenant signed an agreementto purchasefor £266; but the PurchaseCommission would advance only /175. He consentsto signfor /175. CLOONTURK 125. WILLIAMMULLOY - Signedagreement in '89 to purchasefor /150; paid firsthalf year's interest or rent;paid nothingsince, because he was notasked for it. He nowdeclines to signfor /150, but offers /100. Recommendto remitcase to PurchaseCommission, or get Mr Rocheto value. DROMARD 128. PAT M'GLYNNand MICHAEL M'GLYNN- Signed agreementto purchasefor £275. Consequentlyrent since then£n. The Crozier statementset down rent /15, with £6& arrears. Case set aside by PurchaseCommission because of unsettled boundary. The boundaryquestion now settled. Each offers /100 to purchase. Recommendto remit case to PurchaseCommission. 129. WILLIAM M'GLYNN- Signed agreementin '89 to purchasefor £425.Consequently annual rent since then £ij. The rentset down in the Crozierstatement is £26 10s,with £26 10s arrears.The tenant paid his interestor renttill '90; butnone since,because he was not askedfor it. 216

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Tenantagrees to purchase for original amount, ^425. Werecommend to remitcase to PurchaseCommission. DRUMARD 130. JOHNREYNOLDS, represented by his son. Judicialrent £\\ 4s. Owes 2 years'rent. Signed agreementto purchase.Paid interest to '91,not since. Refusesto buy unless he getsthe customary bog up tothe town. Wethink that /150 would be a reasonableamount for purchase. Recommendcase to be remittedto PurchaseCommission for Mr Roche'sValuation. KNOCKDRINAN 137. PATRICK(ELLEN) BEIRNE- Signedagreement in '89 to purchase for;£ii2. Consequently rent since then£4 11s,but set down in the Crozierstatement at £$ 12s 6d. Paid intereston /112till '91; butnot since,as tenantwas notasked for rent. PatrickBeirne is dead.The holding to go tohis son,and the mother willget it in trustfor him. PurchaseCommission has sanctionedadvance of /112. Case to be remittedto PurchaseCommission. 135,136. MICHAEL MOLLOY and B. CHAND LEY- Judicialrent £& 15s. Signedfor /175. Case formerlyrejected by PurchaseCommission, as the tenants werejoint holders. Tenantshave now separated, and eachis willingto buy. Molloyoffers to signfor £yy, Chandley, /100. Recommendcase tobe remittedto the Purchase Commission. 138. THOMAS (ELIZA)KEALAGHER- Signed agreement to purchase for /700. PurchaseCommission would sanction /700. Kealagherdead. His heir-at-lawhas to makeout title. He offersto signfor j£6oo. Holding is saidto be worth£700. Refercase to Commission. MEELRAGH 140. MRS HANLEY- Signedagreement to purchasefor /190. Purchase Commissionrefused to grantthis amount. Consequently rent since then/6. The Crozierstatement mentions rent as /io 15swith arrears of £556d. Case set aside by PurchaseCommission on groundof tenant's insufficientmeans. Tenantnow offersto sign for/125, which seems fair.Case to be remittedto the Land Purchase Commission.

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RENAGOWNA 141. CATHERINEFARRELL - Signedagreement to purchasefor £zoo. Consequentlyannual interestor rentsince then,£\2. The rentset down in Crozierstatement, £vj 15s. Set aside by PurchaseCom- mission,because of contention about bog. Offers /300 now. Offerrecommended. DRUMLISH 146. HENRYASHE - Has a holdingat a judicialrent of £4 5s.,for which he offersonly /20. We considerthat the holding should be worthat least£40. We recommendthat the case should be referredto the parish priest. 148. REV THOMAS CONEFREY,P.P.- Has two holdings-one at the non-judicialrent of £3 15s.,and the otherat the judicialrent of £y Makingallowance for half the poor rate, the net arrears due byFather Conefreymay be setdown at /30. MrCrozier sets down the rent of Father Conefrey's two holdings at /139s 6d. perannum, and thearrears due byhim at £48 9s 2d. The twoholdings consist of only about 4 Irishacres of land, and a fewsmall houses. Father Conefrey offers /100 for the two holdings. Consideringthat the land is verybad, and thatthe non-judicial rent is veryhigh, we recommendthe acceptance of this offer. 149. WILLIAMDELANY- Has a holdingat a rentof £1 2s. He offersonly ;£5for the holding. We considerit shouldbe worthabout £13, and we cannottherefore recommendhis offerfor acceptance. To be referredto the parish priest for settlement. 150. 160. JOHN REYNOLDS- Has two holdingsat a rentof /14, the valuationbeing only £y 16s. Thereare some good houses on those holdings,all ofwhich Mr Reynoldsbuilt at his ownexpense. Arrears are due to the amountof £22. He offers/150 in cash forthe two holdings,arrears included. We recommendthis offer for acceptance. 151. JOHNKANE - Has a holdingat a rentof £2. He couldnot make any cash offer.He wouldprobably purchase under the Land Court, if the courtwould advance the money for it. Ifthe case cannotbe broughtunder the court, we recommendthat itbe referredto the parish priest for settlement. 152. HUGH COLLUM- Has a holdingat a rentof £1.He offers£\o in cashfor it, and we recommendthis offer for acceptance. JAMESM'KENNA - has a holdingat a rentof £1. He has no money. We recommendthat this case be referredto the Purchase Commission. 218

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153. ELLENDOORES, representedby MICHAEL IVERS- Has a holding at a rentof £2 5s,for which he offersonly /10. We considerthis offer too low, and thatthe case shouldbe referred tothe parish priest. 154,155. TERENCE MULLERVEY - Has twoholdings, at theyearly rent of £2 10s.He offers^22 10sin cashfor the two holdings. We recommendthe acceptance of this offer. 158. BERNARDKIERAN- Has a holdingat a rentof £5 10s. He offersto purchaseunder the Land Court at /60. We recommendthis offer for acceptance. 159. JAMESM'NALLY - Has a holdingat a rentof /14 10s. He offersto purchaseunder the Land Court at /150. We recommendthis offer for acceptance. 164. 176. JAMESM'QUADE - Has twoholdings - one at £9 12s,and the otherat £110s peryear. Mr Croziersets down the annual rent on the twoholdings at /19 2s and£10 10s 6d respectively,and the arrears due on thelarger holding 3lì £20 9s 6d, and on thesmaller holding (Rent £110s) at /30 6s. Wecan scarcelybelieve that arrears to the amount of £30 6s wouldbe allowedto accumulateon an annualrent of £1 10s. Mr M'Quade offers/135 in cash forthe twoholdings, including arrears. We recommendthis offer for acceptance. 165. BERNARDTHOMPSON - Son ofMary Thompson, has a holdingat a rentof 5 2s, forwhich he offersonly /20. We considerthat this holdingshould be worth/50, and we recommendthat the case be referredto the parish priest. 166. PATRICKKANE - Has one holding,the annual rent of which is £4, and the valuationof whichis £$ 5s. He offers/40 in cash forthe holding. We recommendthis offer for acceptance. 170. CATHERINEM'MANUS (representativeofTHOMAS M'MANUS)- Has a holdingat a rentof £2. She offersto pay/15 in cash,within the nextsix months, for the holding. We recommendthis offer for acceptance. 171. PATRICKCLARKE - Has one holding,the rent of which is £4 6s, and valuation£4. He offersonly /20 forthe holding. We considerit should be worthabout £4$, and we cannottherefore recommendhis offerfor acceptance. PATRICKM'MANUS- Has twoholdings at a rentof £3. He offers£5 for thetwo holdings. As thisoffer seems too low, and as one ofthe holdings belonged to an evictedtenant, we recommendthat this case shouldbe referredto theparish priest for settlement. 219

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173. MARGARETLARKIN- Has a holdingat a rentof £2. She offersto give/20 in cashfor this holding within the next three months. We recommendthis offer for acceptance. 174. JAMESM'NAMEE - Has a holdingat a rentof £$. BernardTiernan is returnedon Mr Crozier's Listas the tenanton thisholding. James M'Nameeoffers for the holding £25 in cash,or £15in cash and /15 underthe Land Court, in case his holdingcan be purchasedunder the court. We recommendthis latter offer of /30 foracceptance. 179,183, 189. ELIZA M'KENNA- Has threeholdings at a rentof £vj 10s. She signed an agreementto purchasefor /300. The Land Court wouldadvance only £y$. It appearsthat she has no means,and cannot payrent. Thisseems to us tobe a case requiringspecial settlement. 181. MICHAEL WHITNEY- Has a holdingat theyearly rent of £1 5s. Mr Farrell,Longford, has seized his house fordebt, and is now legally recognisedas tenant;he has allowedback Mr Whitneyas caretaker. MrFarrell offers /10 in cashfor the holding. We recommendthat it should be givento MrWhitney for /15, if he can induceMr Farrellto advanceit for him. 182. CORNELIUS REYNOLDS- Has a holdingat a rentof £7, for which he offers£y$ under the Land Court. We recommendthis offer for acceptance. DRUMLISH 184. ALICE DUNN- Has a holdingat £15s per year.She seems to have verylittle means. We considerthat this case shouldbe referredto the parish priest. Miss Conlanis returnedby MessrsCrozier as the tenantof this holding. 185,186. WILLIAMGUNSHANN- Has threeholdings, at £5 peryear for thethree. He offers£35 in cashfor these holdings. We considerhe shouldgive at least/50, and we cannottherefore recommendhis offerfor acceptance. NEWTOWNFORBES 191. MARIA M'CANN- Judicialrent £36. Valuation£28 10s. Offersto signagreement for /550. We recommendthis as fair. 192-3-4. THOMAS (MARY)SESSMAN has threetown holdings. Tenant allegesthat rent of all threeis £u 10s,that rent of first holding is only £& 10s, and the two others£$. Producesreceipts to prove this statement. The Crozierstatement sets down£\\ 10s, as the rentof the first holding. 220

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Tenantoffered in cash forall threeholdings /136, i.e. twelve years' purchase. Wewere of opinion that /165 wotdd be aboutthe equitable valuation. 195,220 bis.CONVENT OF MERCY- Has twoholdings - one for£2, and the conventground for /10; is willingto buy for fifteenyears' purchase. Wewere informed that it was thecustom of estate to returnthe £2 rent. Offer,/150 for convent ground recommended. 196. JOHN M'EVOY- Has only a tenementholding. Rent £2. Is not willingto buy for cash. 199. MRS THOMPSON- Has fivetown holdings; rent of all five/21 9s îod. Offersin cash/250; thatis, thirteenyears' purchase on poorlaw valuation,or over eleven years' purchase on presentrental. No arrearsdue. Offerrecommended. 208, 209. POLICE BARRACKSand COURT-HOUSE- Police barracks pays/19 9s 4d, annualrent, and is heldon lease. Pettysessions or court-housepays £& rent, but landlord obliged to supplycoals for fire on courtdays. The rentin bothcases is secure,and thereseems no necessityto sell,unless the full value is realised. It seemsto us that.£350 would be a reasonablevaluation. Wehave received offers up to/200 fromMr M'Cann. 214. Representative(C. MOONEY) of REV P. MURRAY-Rent £}. Is not disposedto buy; no arrears;pays rent regularly. 214a.'Old FairGreen,' Newtownforbes. Not mentionedin Crozierstatement. Measures 4 acres.We are offered/250. Recommended. 214b.Tenements tenanted by P. CHRISTIE, P. KELLY,and M. KELLY, Newtownforbes. Notmentioned in theCrozier statement. Offeredtwenty years' purchase for these holdings. 214c.10 Tenements, held at over£70 perannum, and payablefrom month to month.These are all verygood houses. No arrearsdue. Theyare not mentioned in theCrozier statement of residue. LISAGERNAL 216. MRS. GREGG- Rent,£5 15sod. Tenantvery poor; is undereviction notice. We askedthe parish priest to look into the case.

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237. WILLIAM PRUNTY- Rent,£4 17s. No arrears.Offers £72 10s, or fifteenyears' purchase on grossrental. We considerthis offer satisfactory TRUSTEES OF CONVENT,by GOODWIN- Builta house on holding; lease ofholding, dating from 1881 for 99 years.Rent, £5. Thistown-holding was transferredbythe nuns to PatrickGoodwin. Tenantoffers /50 in cash ifhe getsbog as at present.Offer seems tous reasonable. 239, 40. Representativeof MostREV DR KILDUFF- This the groundof thechurch; rent, £1 is. Thisrent was regularlyreturned to parish priest. ST JOHNSTOWN 247. PAT DUFFY- Signedagreement to purchasein 1889 for/200. Paid interestor rent on thisamount till 1891. Paid nothing since, as he was notasked for it. The rent-warner,when brought face to facewith the tenant, had to admitthe fact stated. Tenant added that he had tolook for them to pay, evenbefore he discontinuedpayment. The Land Commissionwould advance only /100 on theland; but theholding is worthmore on accountof the buildings on it. Tenantoffers now /100 in cash,and no more. Case referredto parishpriest, and we have reasonto hope fora reasonablesettlement; otherwise action should be takenin thiscase. 248. WILLIAMM'GRATH - This holding,partly agricultural, partly non- agricultural.Signed agreement some years since to purchase for /120. The Land PurchaseCommissioners would advance only £70 on the agriculturalportion. Tenant made no offerto us. Case remittedto the parishpriest. 249. THOMAS DOHERTY- Signedagreement in 1889 to purchasefor /150. Paid intereston renttill 1891.Paid nothingsince then,on groundthat he was notasked for it. Case refusedby Land Commission; have no notewhy refused. We suggestremitting case to LandCommission, and takingwhat theyare prepared to givefor holding. Ifany of the holding be non-agricultural,thetenant should advance somecash in addition. 250. SARAH FOSTER- Signedagreement to purchasein '89 for£225. Paidinterest or rent on thisamount till '91. Never asked for interest or rentsince, and didnot on thisaccount pay since '91. The rent-warnerwas broughtface to facewith tenant, and had to admitthat such was thecase. Tenantpoor. The LandPurchase Commission would advance only £150,which, we presume,is thevalue of the holding. Thiscase was also remittedto the mediation of the parish priest. 222

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251. JAMESBRACKEN - Signedagreement in '89 to purchasefor /165. Paidinterest or rent till '91. Paid nothing since, not having been asked to do so. Purchaserefused by Land Commission on groundof tenant's want ofmeans to meet annual instalments. Tenantnot in a positionto buy for cash. Suggestremitting case to Land Commission,and takingwhat theyoffer. 252. WILLIAMQUINN - Signedagreement in 1889t0 purchasefor /102. Paid intereston renttill 1891. Paid nothing since, because he was not askedto pay. The LandCommission would advance only /70. We suggest remittingcase to Land Commissionfor recon- sideration,and also toparish priest, and acceptingtheir decision. 253. ANNEPATTERSON - Signedagreement in 1889to purchase for /68. Paidinterest on renttill 1891. Paid nothing since, because she was not askedto pay. We suggestremitting case to Land Commission,and abidingby amountthey consent to advance. Tenantvery poor. In the circumstances,/60 mightbe enough. Tenantpromises to getsecurity for instalments. CARTRONGOLAN JOHNDOONS - Has a holdingat 16s peryear, for which he offers£\o in cash,within four months. His name does not appearon the Listof MessrsCrozier. We recommendhis offerfor acceptance. JOHNKIERNAN - Notin Crozierstatement- Has one holdingat a judicial rentof £& 10s. He is atpresent in America.His wifeoffers to purchase underthe Land Courtfor £65. The husbandmust make overthe holdingto his wife,and we recommendthat the case be thenreferred tothe Land Court. JAMESTIERNAN (represents BRIDGET M'QUADE, deceased)- Bridget M'Quade purchasedher holdingunder the Land Court,and James Tiernanhas merelyto provehis titleto theholding in orderthat he maybe recognisedas tenant.The LandCourt, when this is done,will placethe purchase money to the credit of the trustees. FRANCIS FURY- Has a holdingat 10s per year.He seems to havevery littlemeans. We recommendthat the case be referredto the parish priest. PATRICKREILLY - PatrickReilly is dead. PeterQuinn, who is marriedto Kelly'swidow, is nowin possessionof the holding, the rent of which is [notspecified].

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He offersto purchase at £25 under the Land Court. We recommendthis offer for acceptance. WidowKELLY - Has a holding,the old rentof which was £2 8s. The rent was raisedto £3 4s. She nowoffers to purchaseunder the Land Court for£68, andto pay£6 arrears. We recommendthis offer for acceptance.

SOLICITOR'S REPORT MY LORDS, The residueof the Granard estate has notyet been realized. The LandCom- missionhas consentedto makeadvances upon theentire residue, includ- ingthe holdings upon which they already refused to advanceany sum, and the villageof Drumlish.The changein theirpractice removes the great difficultyof sellinga residueconsisting of scatteredholdings, to persons otherthan tenants. The sale ofthe demesne and adjoining lands to LadyGranard has notyet been carriedout. I approvedof a draftcontract for the sale on 19thJune 1893,subject to theaccurate and definitestatement of thelands to be in- cludedin it. No such statementhas yetreached me fromMessrs Crozier. The sum of £2,962 10s od has been lodgedon depositin Mr Crozier's name and mine,on accountof the LadyGranard's purchase-money of £11,850os od. An absoluteorder for the sale has been madeby Mr Justice Monroe,and the Ordnance Survey officers are preparing the necessary maps. A chargevested in ProfessorHort had priorityover the mortgagesto yourlordships. The amountdue uponit, £5,096 18s 8d, was paidout of the proceedsof the sales alreadyeffected. Professor Hart's (sic) charge included landsnot the subject of your Lordships' mortgages. I therefore obtained the possessionof the deeds relating to thecharge, and am entitledto marshal securitiesagainst Kennedy's Island, being the lands not already covered by thecollege charges. Your lordships are therefore entitled to requirethe sale ofKennedy's Island, and thepayment out of the proceeds of £5,096 18s 8d, and interestat 4 per cent.The trusteesof LordGranard agreed to sell Kennedy'sIsland to the tenants;and althoughthese proceedings are not rapid,Chancery proceedings, which are the onlyalternative, would be slower,more expensive, and less effective. I regretto haveto reportthat great delay has all alongcharacterised the realization;but I mustremind your lordships that the stateof thelaw is suchthat the Land Court has no powerto makeadvances to tenantsexcept wherethe landlord is thevendor. The powersof sale whichyour lordships possessare therefore entirely ineffective, as there are no outsidepurchasers, and I can do nothingexcept press Messrs Crozier to use expedition. I annex a statementshowing the amountsrealized, and the unsold residue.

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PAYMENTTO TRUSTEES Cash Consols 1892.June £320.6.0 £30,565.15.0 1893.Feb. 3 £2,960 - (Afterwardsinvested in 2 % Consols.) March17 £11,590.0.0 The advanceof £5,395 land stock has beenauthorized, but the stock has not beentransferred tothe Bank of Ireland. In twocases contractshave been lodged, but no advancesanctioned yet. The purchasemoney amounts to £450. In fivecases agreementshave been signed,but not lodged yet. The pur- chasemoney amounted to £485. The guaranteedeposit stands thus: GreatSouthern and WesternRailway 4 percent debentures £5,340.0.0 GreatNorthern Railway of Ireland £4,900.0.0 Guaranteedland stock £2,930.0.0 Cashbalance £1,045.0.0 Accrueddividends (included in stockwhen purchased and thereforereturned as capital 44.18.3 Kennedy'sIsland consists of the townlands of Annaghcooleen, containing 2ioA[cres]3R[oods] 37P[erches]; Clooniher, containing 369A 3R28P; making a totalacreage of 843A 3R 29P statutue,of which 268A 3R 11Pis in Lord Granard'spossession. The rentalof the balance is £208 19sid. The rentalof the unsold residue of the estate is £1,8036s 7d. In the actionof Granardv Granardfor the administrationof the per- sonal estateof the late earl,your lordships' claim has been admittedfor £6,1596s 6d arrearsof interest. I fear a verysmall dividend will be paid. I haveobtained from Lord Cloncurry's solicitor possession of an original post-nuptialsettlement, dated 28th January 1840 and othersto Berwickand another;and an originaldeed of appointmentby LordCloncurry, dated 29th September1820, which counsel advised should be in yourlordships' custody. I have failedto obtainany trace of the fivefee-farm grants, upon the securityof which the Alexander loan was made. It is evidentthat although yourLordships gave a receiptunder the college seal forthese documents, theynever came intothe possessionof the College,and the receiptwas givenunder a misapprehension.The mortgagor'ssolicitors and agentwere appliedto forthese documents. They replied that they were not in their possession,and referredto the receipt given for them by your lordships. P. A. Chance 27thSeptember 1893. 225

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69 HughClarke [Drumlish] to Dr Browne,29 October1893 MCA,111/26

MostRev[erend] D[octo]r Browne, I beg to informyour honour I am livingin a poorand distressedposition forthis last five years. When I tookup housein Drumlishit cost me a great dealof expenses, which was oversixty pounds to buy it and putit in repairs thatI couldlive in it.I boughtit and gaveall thatI was worthwhich left me in povertyand slaveryup to the presentday. I was not able to support myselfand mymother with potatoes and salt,owing to thesmall half rood whichis attatshed(sic) to thehouse. You mayread from this the poor state ofpoverty which I am in. I wouldbeg to ask yourhonour to lookin to this stateof affairs.Their (sic) is onlyone halfrood by whichI am tryingto supportmyself and mymother. She is in a verybad statenot able to do anythingthis last five years, so thatI begto ask your honour to giveit to me at tenpounds which I am striveing(sic) to makeup. I hope thatyou will giveme myrequest. Yourstruly, HughClarke, Drumlish.

70 Printednotice, 13 November 1893 MCA,111/25 We are requestedby the trustees of MaynoothCollege to giveyou notice, thatwe willbe in On nextat 12 o'clock,to arrange finallywith you for the purchase of your holding. The objectof this our final visitis to come to a friendlyarrangement with you on fairterms, as moderateas can be acceptedby the creditor of the Granard estate. If you fail to attendon thisoccasion and to come to a finalsettlement with us, the Granardagent will be requiredby the Land Courtto enforceimmediately yourpayment of rent; and you shall be liablefor payment of arrears. Signed, R. Browne,President of College J.Hoare, V. G. & P. P. J.O'Farrell, P.P. J.Donnellan, Bursar of College

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NOTICE TO THE TENANTS ON THE GRANARD ESTATE Who have notas yetpurchased their Holdings It is considereddesirable to give certainof the tenantson the Granard estate,who have not as yetpurchased their holdings, this further opportu- nityof makingup theirminds whether they will now purchase,or will continuein theirposition as tenants. Thosewho continue as tenantswill, of course, have to paytheir rents, and tomeet the other charges for which they are legally liable. Those tenantswho wish to purchaseshould at once make a reasonable offer,similar to those that have been accepted in thecase ofthe tenants who havealready purchased their holdings. It wouldbe quiteuseless, and wouldlead onlyto a furtherloss oftime, for anytenant to makeover again an offerwhich has been alreadymade to us, and refusedas insufficient.

Our committeehave already visited the estate on threeoccasions, so as to affordto thosetenants who mightwish to purchasetheir holdings every reasonableopportunity ofarranging the terms of purchase in personalcon- ferencewith us. We cannotundertake again to visitthe estate. But, as we are now aboutto reportthe final result of our proceedingsto thebishops whomeet as trusteesof Maynooth College on Tuesday,the 16th inst, we do notwish to do so withoutsending you this circular. Anyreasonable proposal for purchase now made will be consideredby us. But the proposalshould be in our hands,addressed to 'The President, MaynoothCollege', not later than the morning of Monday, the 15th inst. Signed RobertBrowne, D.D., President,Maynooth College. JosephCanon Hoare, V.G., P.P. JamesCanon O'Farrell, P.P. JamesDonnellan, Bursar, Maynooth College.

71 ThomasWhelan [Lettergullion, Ballinamuck] to Fr ThomasConefrey, 9 December1893 MCA,111/26

VeryRev[erend] Sir, I beg to let you knowthat I am and alwayswas willingto purchasemy holding,but that owing to enviousneighbours coveting part of my cutaway

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bog,and throughpersonal influence turning the agent against me, and in favourof them I havenot been allowedto purchasewithout giving up my rightof this cutaway which is mappedin withmy farm and forwhich I am underrent. Thisright of course I cannotgive up, but as I am willingand anxiousto purchasemay I requestthat you will have an investigationof the facts made, and you will findthat any attemptto depriveme of my cutaway wouldbe an injustice. I am veryrev[erend] sir, Yourobedient servant, ThomasWhelan

72 ThomasCrozier and Son to P. A. Chance 29 December1893 MCA, 110/11

Dear Sir, The surveysof all theland &c includedin thepurchase to LadyGranard havebeen completed,but we havegreat difficulty in the Land Commission as thatcourt has made frequentapplications to us to allotadditional bog and turbaryrights to the tenants who are now purchasing and in everycase we haveconceded to them what they require. We have no wish to prejudicethe sale of the remainderof the estate to thetenants by reason of any difficulty being raised about the bogs as we are preparedto concede any reasonablerequirements that the Land Commissionmay make. It wouldbe impossiblefor us thereforeto proceedto sell thedemesne and thebogs &c in theLand Judges Court, as, untilall thesales in theLand Commissionare completed,it is hardto saywhat the residue of the bogs consistof. Wetherefore propose that the bogs & woodsshould be conveyedto Lady Granardout of courtafter the sales have been completed,and thatthe demesneand otherlands in hands includedin LadyGranard' s purchase shouldbe conveyedto her in theusual way by the Land Judge. We havealtered the draft agreement to carryout this object and sendit toyou for approval. Yourstruly, Tho[ma]sCrozier & Son.

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73 CopyP. A. Chanceto Dr Magrath9 February1894 MCA, 110/11

Dear Dr Magrath, Please informhis grace[the archbishop of Dublin]that I have received fromthe Land Comm[issio]na letterinforming me thatin March1891 MessrsCrozier undertook that the rightsof tenantpurchasers to turbary shouldbe definedand vestedin themby such deeds executedby all the necessaryparties the Comm[issione]rsshould considernecessary. The Comm[issio]nadds thatit is reasonableto requirethat the outlyingbogs shouldbe preservedfor the tenant purchasers & thatif these bogs, which are barelysufficient for the futurewants of the purchasers,are sold to a thirdparty, the tenants' rights will become illusory. The comm[issio]nasks whetherthe Trustees propose to takeany action in thematter. They have also forwardedto me a copy of an applicationto have vestingorders executedin thirty-threecases. MessrsCrozier who make the application statein it thathis grace acceptedan offermade by Lady Granardto purchasesuch partsof the bogs as had noton the 29th Nov[embe]r1892 been set apartfor the use ofthe purchasing tenants. I cannotanswer the comm[issione]rs'letter satisfactorily until I knowwhether his gracedid acceptas stated.On thatpoint his graceshould know that on or aboutthe nthJune 1893 I receivedfrom Messrs Crozier a draftcontract for the sale to LadyGranard. The lands to be sold to her werenot specifiedin it and I returnedit on the14th June approved subject to theschedules (of lands) beingfilled in and vouched.On morethan one occasionI wroteto Messrs Crozierasking that this should be done.To thisthey replied that the land was being surveyedby the Ordnance Dep[artmen]tand they would completethe matter when a map was prepared.At the end of Dec[embe]r theagreement was atlength returned to me witha statementof lands in the schedules.This statementincluded more lands than Mr Cochrane's valuation,which I understandwas the basis forthe sale; and as a new clausewas insertedin it addingan agreementby the trustees 'to conveyto LadyGranard free of expense as soonas thesales to the tenants in thecourt of the IrishLand Comm[issio]nhave been completedall the woods and suchpart of the bogs on theLongford & Leitrimestates as havenot been set apartfor the use ofthe purchasing tenants'. To me itis veryclear that if his gracemade the agreement which Messrs Crozier allege he meantto giveto LadyGranard only such bogs as are notwanted by the tenants who have purchasedand the tenantswho are to purchase;but Messrs Crozier contendthat no provision,so faras thiscontract is concerned,was to be made forthe tenantswho have not yet completedtheir purchases, in ascertainingthe surplusbogs whichLady Granard is to get.It is fairto

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MessrsCrozier to notethey stated they are preparedto allotturbary to the purchasingtenants. The comm[issione]rshowever point out that this means a mereright to cut turfand thatif the ownershipof the bogs is vestedin Lady Granardshe can give similarrights to any numberof personsshe choosesand thusrender the tenants' rights illusory inasmuch as in theiropinion all the bogs exceptthat beside the demesnebarely sufficefor the futurewants of the purchasers.Apparently the sale of the entireresidue of the estate to thetenants depends upon this matter which thereforeinvolves about /i8,ooo. It requiresto be dealtwith promptly or thecases maybe dismissed;and thereforeI trust his gracewill afford me the necessaryinformation. Armed with it I shall,subject to Mr Carton's advice,apply to Mr JusticeMonroe for an orderupon the ownersto forthwithvest the bogs in trusteesfor the tenants and completethe sale of theresidue of the estate. I Remain, Dear Dr Magrath, Yourssincerely,

74 Earl ofGranard' s estate:report ofO'Hagan and Sons,Maynooth College solicitors,and reportof receiver, A. W. Percival,2j Septemberi8g8.117 MCA, 110/12

SinceYour Graces met, last October, I am gladto reportthat some satisfac- toryprogress has been madetowards completing the sale ofthe estate. In thefirst place, the Land Commission proceedings are concluded,with the exceptionof the following matters:- A. Threetenants' proposals still pending. There are difficulties in settling these cases to whom advance is to be made, and to whom the conveyanceis tobe made,owing to deathsand otherchanges since the originalproposals were signed.The cases will be dismissed,and concludedin Land Judges'proceedings, unless the difficultiesare removedwithin a monthfrom this. B. Some sums amountingto about /509 are retained in Land Commissionto redeemquit rents, which are claimed, (Messrs Crozier say wrongly)by Quit Rent Office.I am urgingsettlement of this question. C. Final settlementand executionof deeds definingturbary rights of tenantswhose purchaseswere completedsince Mr Commissioner O'Brien'sjudgment was reversed.Messrs Crozier say these deeds will

117There seems to be a gapin correspondencefrom early 1894 to 1897. This can be partiallycompensated forby a verydetailed schedule of costs for the period July 1894 to December 1898 in relationto proceedings forsale on theestate, dated 3 July1899, to be foundin folder110/12.

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be finallysettled by the examiner, Mr Crookshanks, immediately on his returnto business, in a fewdays. Mr Justice Meredith declared in court last Julythat he wouldinsist on the proceedingsin thiscase in his courtbeing wound up thoroughlywithout delay. We have informed MessrsCrozier that if the turbary deeds, directed in May1897, be not settledand completedearly next month we willbring the delay before JudgeMeredith. D. The guaranteedeposits retained on the mostrecent sales have to be registeredin thename of the college. I willhave this done at once. 2nd. I appliedto Mr JusticeRoss to appointa receiverover all the estate whichhad not been disposedof throughthe Land Commission.On the 4th of Februarylast he appointedMr A. W. Percivalof MinardHouse, Newtownforbes.I may mentionthat the selectionof the receiverrests entirelywith the judge. No namewhatever was suggestedto me. I annexa copyof the report sent to me byMr Percival within the last few days. When theLand Judges Court re-opens I willobtain an orderfor the receiver to pay anyrents in his handsto thecollege on accountof the money due on the mortgage. 3rd.I broughtMessrs Croziers' refusal to push on LandJudges' proceedings untilthey got a guaranteefor costs before Mr JusticeRoss in Maylast, and obtainedhis orderthat they were to proceed with despatch. In theirletter of the3rd of August last Messrs Crozier state:- Sincethe 17th May last we havebeen mostparticular in dealingwith theLand Judge portion of the business as in theevent of any further noticesbeing served on us to explaindelay we are quitedetermined thatour position will be madeclear. As to whatthey have done. It appearsthat the description of the estate in theoriginal petition for sale didnot include all thelands. Since May, Messrs Crozierhave presented a supplementalpetition, obtained the necessary or- deron it,and also obtainedan orderfor survey of all thelands remaining to be sold. This surveyis being carriedout at present.Immediately on its returnI will push on the settlementof the rentalin the court.When I succeedin gettingMessrs Crozier to settlethe rental,(which could be beforeChristmas if theywish) we willbe in a positionto applyto Land Commissionto carryout a sale ofthe agricultural holdings under the 40th section;but the best course for selling the non-agricultural holdings, where no advanceof purchasemoney can be obtained,cannot be satisfactorily considereduntil the rentalis settled,and Mr Percivalbrings in his first account.This will not be due untilthe 4Ü1 February next. Meanwhile,delay in pushingon thesale totenants is no longera serious loss tothe college and the Rev[eren]d T[homas] Conefrey who is acquainted withsome of the poorest of the tenants, has informedme he coincideswith

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myopinion, that until every tenant is made to resumethe payment of his rent,there is notmuch use in discussingterms of purchase. 4th.The sale to LadyGranard of the castle and demesne,I willpush on as fastas I can. It is necessaryto have the turbary deeds settled before this sale can be completed.When the bargainfor this sale was made withLady Granardof course the great delay that has occurredwas notforeseen, and it was arrangedthat she shouldpay no occupationrent, and thatthe interest on four-fifthsofthe purchase money should only be paidin one sum atthe completionof the sale. I enclosethe original draft agreement in whichthis arrangementis approved of on behalfof your lordships by Mr Chance. In consequenceof the delay in completingthe sale a largesum willbe due byLady Granard for interest on herpurchase money; but I supposeshe has arrangedfor its payment.I am anxious,however, to hurrythe sale as muchas possible. O'Hagan,3 Oct[ober]1898

Reportof A. W.Percival, 28 September]1898 1 begto reportthat I am gettingthis estate into working order, and I do not anticipatemuch further difficulty in arrangingthe rental, and settlingthe outstandingcases, before the time arrives to lodge my account in court. The tenantshave been neglectedfor a numberof years, therefore it is noteasy to arrange with them, however, when these tenants are started on a fairbasis they will pay their rents. The rentalfurnished to receiver, shows the total rental to be /693.14.3 Receiverwas appointed4th February; and now,there stands to creditof account,over /600 and a numberof cases stillunsettled. I attachhereto, a copyof report,lodged in court,and rulingsmade thereon,dated 4th May last, and all thecases thenrecommended for writs have been settled,except the case of Eliza Kealagher,who has entereda defence. Whenthe tenantshear of an earlyprospect of purchase,as theyhave heardrecently, they become reluctant to pay any rent. In the case of rep[resentative]sAuchmnty, Newtownforbes, the rental furnishedto me shows/91.9.3 due being4% yearsrent to ist November 1897. The lastreceipt, which I haveseen, is dated26th August 1895, being for 2 yearsrent ending ist May 1895, thus leaving three years rent due istMay 1898- £60.19.6- whichI havereceived."8

118A list of 'instancesof settlementalready made' thenfollows, which has not been reproducedhere.

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I begleave to state,that at the time, I receivedthe rental, the tenants on this estate(or rather the residue of this estate) required very careful and experi- encedtreatment, to avoidlaw proceedings,and publicity,and yetto collect arrearsof rent. The taskwould have been more difficult,had the tenantssucceeded in theirattempt to combineagainst payment of rent; however, the hardest and worse[sic] case to manageis thatof Thomas Igoe, a publicanresiding in Newtownforbes. Whenmy rental and accountare lodged in court,I respectfullyhope, my managementof the estate, shall meet with the approval of all personsinter- estedin thismatter. The Rev[eren]dTfhomas] Conefrey has advisedthe tenants residing in thisdistrict to settletheir rents. A. W. Percival, Receiver, 27thSeptember 1898.

75 Reportof A. W. Percival,24 February1899 MCA, 110/12 The balanceof arrears of interest due thetrustees St Patrick'sCollege Maynoothpursuant to orderdated 16th November 1898 willnow be paid. Owingto thepeculiar circumstances of this estate for many years, the resi- due ofthe tenants had becomeperfectly demoralized, and thereceiver had to completehis rentalas besthe could. Receiveris of opinion that most of the arrearswhich he forgave pursuantto ruling4th May 1898 were irrecoverable by law. Every case was carefullytreated on its own merits.The houses in Newtownforbeswere delapidated(sic) and rain comingthrough the roofson the occupiers. Receivercould not get men to contractto providethatching materials and repairthe houses. He had accordinglyhimself to undertakethe entire matter,provide materials, employ workmen, and superintendthe work himself.The worknow done is betterand morelasting work at muchless costto theestate. No less than9 houseshave been thatchedand repaired forthe sum 0^41:8:6 and theoccupiers satisfied so far,and thevillage is tidierand morecomfortable. This estateis notedfor its disturbedstate since1881. Its historyis givenin a pamphletpublished under the title of 'The Land Warin Drumlish'(print sent herewith). Receiver respectfully submitsthat the court should grant him a substantialsum forsettling the rental,superintending the aforesaid work, and comingto settlementswith nearlyall thetenants resulting in his collectingover 2 years'rent of estate in one yearwithout reducing the rents even temporarily. Receiver respectfully

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suggestsit was his knowledgeof the tenantry and thework and his special extraordinaryexertions which has avoideddisturbance in settlingthis estate. Receiverbegs to statethat his feesare inadequateto payhis travelling and otherexpenses, searching for old documentsand correctinformation, andvisiting every holding inspecting receipts, enquiring into means of ten- antsand also thedetails of repairing the houses in Newtownforbes. [Noteappended: 'Suggested Ruling: That receiver have permission to charge theestate £100 to compensatehim for a year'sconstant work, settling the estate,lodging correct rental and forextra work']

76 Earl ofGranard'sestate: copy statement as to outstandingholdings on thevillages of Newtownforbes and Drumlishlaid beforethe trustees of the CollegeofMaynooth, 24 May igo6.119 MCA, 110/14

Byagreement entered into between the trustees of the college ofMaynooth and thecountess of Granardit was agreedthat inasmuch as thepurchase moniesresulting from the sale ofthe residue of the estate would be insuffi- cientto pay the moniesstill due to the trusteeson footof theirseveral incumbrances,and thatinasmuch as theprincipal sum due had been re- paidthat the purchase money of the balance of the estate should be handed overto the countess of Granard on footof her charge of £5,000 which came nextin priorityafter the several incumbrances vested in thetrustees of the collegeofMaynooth. Accordingly the residue of the estate as faras possible was sold and themonies (after certain payments to thetrustees of the col- lege ofMaynooth which were considered as notbeing covered by the term ofthe said agreement)were paid to thecountess of Granard on footof her chargeof £5,000 in all amountingto £2,749:5:7 leaving due toher ladyship thesum of £2,250:14:5 for principal and about£3,100 for interest making in all due to the countessof Granardup to date in or about the sum of £5,350:14:6. These sales werecarried out partly through the Land Commission, and partlyfor cash throughthe Land Judges,and therenow remainswhat is commonlyknown as thevillage holdings in Newtownforbesand Drumlish togetherwith some 7 or 8 shall (sic)holdings on othertownlands. As the Land Commissionwould not advancethe necessarypurchase money for thepurchase of the small residue of the estate, and as thetenants were not in a positionto offercash, the only method that could be adoptedwas that thesale shouldtake place bymeans ofthe SmallDwellings Act by which

119 This documenthas not been reproducedin full;the remaindercontains names ofvillage dwellers, rent, area, tenureand observations.

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procedurethe money would be advancedby the Local Government Board. The LocalGovernment Board refused to advancethe monies on receiptof theirinspector's report and pointedout thatthe holdings in questiondid notand couldnot satisfy the requirements ofthat act. It thusbecomes impossible to carryout the termsof the Agreement namely,that the holdings should be sold to thetenants. Some of theten- ants,it is true,have now made offersin cash,but extremely low averaging about8 yearspurchase of their holdings. The countessof Granard'sproposal now is thather ladyship should be allowedto purchasethe balance of the estate for the sum thatit was hoped theLocal government Board would advance, namely, about /i,ioo, that her ladyshipshould give credit for this amount as againsther chargeand be allowedto enterinto receipt of the rents and profitsof the residue of the estate.The reasonsfor this proposal are as follows:- 1. Sales cannot take place to the tenantsowing to therebeing no procedureavailable by which funds could be raisedto allow the tenants topurchase. 2. Unlessthe proposal is acceptedthe estate remains in theLand Judges Court and thereis the expense of receiver'saccounts and other outgoings. 3. Neitherthe mortgageesnor the countessof Granardwill deriveany benefitby the estate being retained in courtfor the small residue of the estate.

Aftera perusalof the foregoingfacts it is hopedthat the trusteesof the college of Maynoothwill see theirway to accede to the countessof Granard'srequest to purchasethe residueof the estatefor the sum of /i,ioo or such othersum as thetrustees of the college of Maynoothdeem fit,her ladyship taking credit for such sum as againstthe balance due on footof hercharge on theestate and thusallow the petition for sale to be dismissed,the receiverdischarged and the mattertaken out of the Land JudgesCourt. ThomasCrozier and Son, 19 L[owe]rDominick St. Dublin.

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77 F. M. Crozierand Sonto O'Hagan and Son,30 Septemberigoy. MCA,110/14

Dear Sirs, Our Mr F. Crozierattended at Newtownforbesyesterday, and met Mr P. McCannC.C. whohad beenappointed by Bishop Hoare to adjustthe rents of the smallholdingsthat had not been sold. We send you herewitha statementshowing the holdings remaining unsold, and therents as now adjusted.The reductionsin each case wereextremely heavy, but, having regardto the extreme poverty of the holdings and theoccupiers, it would be uselessto demanda muchhigher rent. Besides that, special circumstances had tobe takeninto consideration, as themajority of the people in question wereformer labourers on theestate, and were then in a betterposition than theyare now; and it is on these groundsalone thatwe agreedto the reductionsnow set out.

Yoursfaithfully, ThomasCrozier & Son

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