1871 28th October

Registered 18 Dec 1871 Book 38. No. 48

As to the Lands of Castletown

Reciting Indenture of Demise dated 1^st October 1869 and made between The Ecclesiastical Commissioners for Ireland of the one part and Charles Eccles of the other part whereby the Ecclesiastical Commissioners demised to said Charles Eccles

The Lands therein and thereinafter mentioned:

To Hold to said Charles Eccles from 1^st November 1868 for 21 years at the yearly rent of £6:9:3 payable as therein together with 1/- in the £ as Receivers fees

And Reciting an Act to put an End to the Establishment of the Church in Ireland and make provision in respect of the Temporalities thereof and in respect of the Roman atholic College of Maynooth, Whereby All property belonging to the said Ecclesiastical Commissioners was transferred to said Commissioners

And Reciting that the Estate of said Charles Eccles in said premises upon his death became vested in the said John Stewart Eccles.

And Reciting that John Stewart Eccles had informed the Commissioners of his willingness to purchase the Fee Simple of said premises.

And Reciting that the Commissioners had certified that the purchase money to be paid by the said John Stuart Eccles was £439:7:9 and that the annual Rent to be received was £41:10:9

And Reciting that the Commissioners had duly informed in writing His Excellency the Lord Lieutenant of Ireland (in Council) of the terms of the said purchase money and the said annual Rent and the said Lord Lieutenant in Council had Signified his approval thereof.

And reciting that the said John Stewart Eccles had proposed to the said Commissioners in lieu of paying said sum of £439:7:9 to grant them a Mortgage of said Lands for securing the payment of said fine with interest thereon.

And Reciting that the provisions of said Act had been fully complied with.

It was witnessed that the said Commissioners in Couson [sic] of the said sum of £439:7:9 to be secured by Mortgage of said Lands.

Granted to said John Stewart Eccles

All That and Those the Tate Or Sessiagh of Land known

By the name of Rathkeeran or Fintona or Castletown situate in the County of Tyrone and Diocese of Clogher

Excepting thereout that part of the Bog adjoining said Lands which lies to the North West

Of Drain lately made through the same which part of the bog was separated out of the balance of the

Lands of Donacavey and were held by the Reps of the late Constance Evans Esquire.

And all and Singular the Messuages &c

And the Remainders &c

And the Rents issues & profits of the lands

And all the Estate Right Title &c of the said Commissioners in or upon the same

Subject to the Provisoes and Covenants therein after contained in relation to Mines, Quarries and the Rent to be Reserved thereby

To Hold said premises to said John Stewart Eccles and his heirs

To the use of the said John Stewart Eccles his Heirs and Assigns For Ever

Paying the yearly rent of £41:10:9 or such increased or diminished yearly rent as might from time to time be substituted therefor, said Rent to be paid as therein.

Covenant by said John Stewart Eccles to pay said Rent or substituted Rent.

Powers of Distress and re-entry.

Covenant by John Stewart Eccles if at any time thereafter any Mines or Quarries of Marble or Slate in the Lands should be opened up and worked by him he would pay a further rent equal in amount to one Moiety of any Royalty or other Rent which should be reserved out of said Mines or Quarries under any Lease or Contract which should be made by him and that in case he should not make any Lease or Contract but should by himself work such mines or quarries he should pay to said Commissioners an additional annual rent equal and amount to such Royalty Rent as had hitherto been reserved by the said Ecclesiastical Commissioners in Leases of mines or Quarries of a similar kind.

Proviso that such additional annual Rent should be subject to an increase in diminution at the expiration of 21 years from the time that seem first became payable and that at the expiration of each successive period of 21 years a similar variation in such annual rent should be made and the All the Powers and remedies for the recovery of said sum of £41:10:9 should be paid applicable to such charged rent

And Reciting that the Commissioners had ascertained the average price of Oats grown in said County of Tyrone for the period of 10 years preceding 1st of May 1870 to be 14/21/2 per barrel.

And the Commissioners had at their request of the said John Stewart Eccles directed the said Average price to be inserted in abstracting Conveyance

Sealed by the said Commissioners and executed

by said John Stewart Eccles

And attested

[sic]

As to the Lands of Dundivin Glebe

By Deed Poll of date in margin (28 July 1876) the Commissioners of Church Temporalities Ireland under the authority of the Irish Church Act 1869 in consideration of £105 : 13 : 6 by said John Stewart Eccles paid to their account and of a further sum of £294 : 6 : 6 secured by Mortgage of even date theirwith at the request and by direction of Richard Tottenham testified by his Execution of abstracting deed Granted unto said John Stewart Eccles.

All that part of the town and lands of Dundivin Glebe in Barony of Clogher and County of Tyrone containing in the whole 183 Acres Statute measure as then in the possession of the said Richard Tottenham

To Hold same unto said John Stewart Eccles his heirs and assigns for ever

Subject to such rights of Common rights of way and other Easements as then affected said premises.

Duly Sealed by said Commissioners and Executed by said Richard Tottenham and attested. [sic]

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