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Third Report from the Select Committee on Fictitious Votes, Ireland

30/07/1838

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Third Report from the Select Committee on Fictitious Votes, Ireland

Date of Article: 30/07/1838
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No Pages: 1
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. SELECT COMMITTEE ON FICTITIOUS VOTES, IRELAND. 623 singular the lands, premises, and buildings hereby granted or released, and every part thereof, Appendix, No. 15. with the appurtenances, and at the end or other sooner determination of the said estate peaceably and quietly leave and yield up the same unto the said Anthony Lefroy, his heirs or Indenture between assigns, in such good and sufficient tenantable repair, together with all the fixtures, materials, A. Lefroy, Esq. and and things which now are or shall at any time during the said estate be set or affixed within, Thos. Cunningham, upon or about the said hereditaments and premises, or any part thereof. And further that - he, the said Thomas Cunningham, and his assigns, shall and will, during the said estate hereby granted or released, farm and cultivate the said lands, hereditaments and premises, in a proper and husbandlike manner, and shall not and will not injure or impoverish the same by the want of sufficient limeing or manure to be expended thereon from time to time. And also that he, the said Thomas Cunningham, or his assigns, shall not nor will not, nor will, during the said estate hereby granted or released, assign, convey, dispose of, set, let, under- let, or part with, the possession of the said hereditaments and premises, or any part thereof, or this present indenture, for the whole or any part of the said estate hereby granted or released, without the special licence and consent of the said Anthony Lefroy, his heirs or assigns, in writing first had and obtained for that purpose, under his and their hand and seal respectively; and in case the said Thomas Cunningham, or his assigns, should part with the possession of the said demised premises, or any part thereof, contrary to this covenant, then and in every such case he and they shall pay a rent of 51, per acre for every acre, and so in proportion for a less quantity so parted with contrary to the provisions of these presents, to be payable and recoverable from that time in like manner as the original rent hereby reserved. And these presents are on the express condition, that if it shall happen that the said yearly rent hereby reserved, or any part thereof, shall be behind and unpaid for the space of 30 days next after either of the said days appointed for payment thereof, or if the said Thomas Cunningham, his heirs, executors, administrators or assigns, shall fail or neglect to perform, fulfil and keep, all and every the covenants, clauses, provisoes and agreements, by him and them to be observed, performed, fulfilled and kept, according to the true intent and meaning of these presents, then and from thenceforth, in either of the said cases, it shall and may be lawful for the said Anthony Lefroy, his heirs or assigns, to enter into and upon the said messuages, hereditaments and premises, or any part thereof in the name of the whole, and the same to have again, re- possess, retain and enjoy, as his and their former estate and estates, and to evict and expel therefrom the said Thomas Cunningham, his heirs, executors, administrators and assigns, and all other occupiers, if any, of the said heredita- ments and premises or any part thereof, anything herein contained to the contrary notwith- standing. And the said Anthony Lefroy, for himself, his heirs, executors and administrators, doth hereby covenant and agree to and with the said Thomas Cunningham, his executors, administrators and assigns, that he the said Thomas Cunningham, and his assigns, paying the said yearly rent hereby reserved in manner aforesaid, and observing, performing and keeping all and singular the covenants and agreements on his and their part and behalf to be performed and kept, shall and may, lawfully and peaceably, have, hold, occupy, possess and enjoy, the said lands, hereditaments and premises, hereby granted or released, with their and every of their appurtenances, for and during the life of the said Thomas Cunningham ( determinable, nevertheless, as hereafter mentioned), without any lawful let, trouble or inter- ruption of or by him the said Anthony Lefroy, his heirs or assigns, or any other person or persons, lawfully claiming, or to claim, by, from, or under him, them or any of them. Pro- vided always, and it is hereby agreed and declared by and between the said Anthony Lefroy and the said Thomas Cunningham, that if the said Anthony Lefroy, his heirs or assigns, or other persons entitled to the reversion thereof, shall at any time hereafter be desirous to determine the grant or release hereby made, and shall give notice of such his or their desire unto the said Thomas Cunningham, or his assigns, by any writing to be signed by the said Anthony Lefroy, his heirs or assigns, or other person or persons then entitled to the rent and reversion of the said hereby demised premises, and sent or delivered to the said Thomas Cunningham, or his assigns, or left at the dwelling- house or usual place of resi- dence of the said Thomas Cunningham, or of his family, or of his assigns, at least six calendar months immediately prior to either of the said half- yearly days on which the rent hereby reserved is made payable, then and in such case the estate hereby granted or released shall, upon and from such one of the said half- yearly days as shall next ensue after the expiration of six calendar months from the giving or leaving of such notice in writing, absolutely cease and determine ; and it shall in such case be lawful for the said Anthony Lefroy, his heirs or assigns, or other person entitled to the reversion at any lime hereafter, to re- enter upon, re- possess and enjoy said lands, hereditaments and premises hereby granted or released accordingly, and as if the estate hereby granted or created had determined by the death of the said Thomas Cunningham, or as if these presents had never been executed. And in case the said Thomas Cunningham, his executors, administrators or assigns, shall be desirous on his or their part to determine the grant or release hereby made, and shall give notice of such his or their desire unto the said Anthony Lefroy, his heirs or assigns, by any writing to be signed by the said Thomas Cunningham or his assigns, and sent or delivered to the said Anthony Lefroy, his heirs or assigns, or left at the dwelling- house of or usual place of residence of the said Anthony Lefroy, his heirs or assigns, at least six calendar months immediately before either of the said half- yearly days on which the said rent is hereby made payable, and shall at the same time pay or tender to the said Anthony Lefroy, his heirs or assigns, or leave at his or their usual place of abode, all rent then due, and also the half- year's rent which would become due on the half- yearly day on which the said Thomas Cunningham, or his assigns, shall so wish to determine the grant or release hereby made, for or in respect of the said messuage, hereditaments, and premises hereby granted 643. 4M or
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