Several placenames for one place in Kilmaley (1866)

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Sduddy
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Joined: Sun Sep 26, 2010 10:07 am

Several placenames for one place in Kilmaley (1866)

Post by Sduddy » Mon Feb 15, 2021 11:35 am

Advertisments and notices placed by the Landed Estates Court often gave two alternative names for one place, but this one gives several:
Clare Journal, Mon 3 Dec 1866. Extract from Advertisement:
Landed Estates Court, Ireland. Final Notice to Claimants and Incumbrancers. In the Matter of the Estate of Michael O’Brien, Owner; Daniel Mahon and Joseph Alexander Maxwell, Petitioners, and in the matter of the Estate of Michael Joseph O’Brien as heir at law of the said Michael Joseph O’Brien, and John Joseph O’Brien, as Administrators with the will annexed of said Michael O’Brien, or one of them, Owners and Petitioners.
Take notice that the Schedule of Incumbrances affecting the lands of Clonmoyle, alias Clonmolly, alias Clounmore, alias Derrygiveen, alias Derrygarifle, known as Poulacknew, called on the ordnance survey part of the Townland of Feighroe, Killine, Ganive, Gortacrahane, alias Ballykillabrick, Killeen, alias Kiline, alias Culleen, alias Fairy hill, situate in the barony of Islands, and County of Clare, held in fee, the plot of ground lying between the river Fergus and the high road, being part of the Lands of Lifford, formerly called Newtownstacpoole, and Ballymacalla (half a ploughland) called on the ordnance maps Ballymacaula, and a small holding on the Townland of Magowna, situate in the Barony of Islands, and the County of Clare aforesaid, and the Houses and Premises known as Stritches’s or Hunt’s Tenements, situate in Church street, and Hunt’s Lane in the town of Ennis and County of Clare, formerly the Estate of Michael O’Brien. Lodged with the Clerk of the Records of this Court.
Sheila

Sduddy
Posts: 1826
Joined: Sun Sep 26, 2010 10:07 am

Re: Several placenames for one place in Kilmaley (1866)

Post by Sduddy » Mon Mar 08, 2021 2:40 pm

Terence A.M. Dooley gives a handy explanation of the Landed Estates Court in his article, "Estate ownership and management in nineteenth and early twentieth-century Ireland”: http://www.aughty.org/pdf/estate_own_manage.pdf (see page 4):
The Encumbered Estates Act of 1849 was designed to simplify the transfer of encumbered property by conferring on the purchaser a parliamentary or indefeasible title[18]. Under the auspices of a newly-established Encumbered Estates Court[19], an estate could not be sold without the permission of the landlord if it was not in receivership, or if its level of debts did not exceed half of its annual income. The court could oversee the sale of estates held in fee, leaseholds in perpetuity, or viable leases which had up to sixty years to run. Within a year I,200 petitions for sale of estates had been lodged with the court, many of which had been brought to insolvency by the effects of the Famine[20]. Over the next thirty years an estimated 25 per cent (or five million acres) changed hands, the biggest transfers taking place in the early I850s[21].

Establishing title was part of the brief of the Court must have entailed a huge amount of work. Establishing of title, i.e. going through a heap of documents (and making sense of them), would have been prohibitively expensive for anyone wanting to rid themselves of their lands, but, under the Court, this was all part of the deal. I think the legal searches done by the Court is the reason for the antiquated terms, “ploughland” and “cartron”, and for the inclusion of every documented name of each parcel of land in this notice:
Clare Journal, Mon 7 Nov 1870:
Landed Estates Court, Ireland. General Notice to Claimants. In the matter of the estate of Augustine Butler and John Brady, Trustees of the will of Thomas Browne, deceased, and of Windham Browne, or either of them, Owners. George G. Onseley Higgin, and Elizabeth Louisa Brabazon, spinster, Petitioners.
The Court having ordered a Sale of the Castle Town and Lands of Tulla, and its sub-denominations of Cooper’s Park, Church-field, and Killeen, with the tolls and customs of the fairs thereof, situate in the barony of Tulla and County of Clare, held under fee farm grant, dated the 6th day of July, 1859, the lands of Tyredagh, with its sub-denominations of Cregantawn, Killeagh, Parknevar, Derryree, Derrylisane, Knockacunneen, Leightra, Denada, and Marlhill, situate as aforesaid, held under the fee farm grant, dated the 25th day of November, 1859, the 7 or 8 cartrons of the lands called Ballyslattery, otherwise Newgrove, including Reiskmore and Moorehill, (excepting the cartron of Rathdoolin) situate as aforesaid, held under fee farm gant, dated the 28th day of August, 1704, the fee farm rent of £55 7s 9d, issueing out of the lands of Turlogh, in the barony of Burren, and County of Clare, the lands of Tarmonbeg, Ballylinane, Gortaclare, Kilwebrahan otherwise Kilwearahan, and Ballydonnell, situate in the barony of Burren aforesaid, Clonbiggan being part of the ploughland of Ballyvorigan, Ballyogan, otherwise Gortnafinch, Knockprehane, and Derrymore, situate in the barony of Bunratty and county of Clare, held respectively in fee, the fee farm rent of £46 5s 7d, issued out of the lands of Monriel, otherwise Monreel, otherwise Moureel, in the barony of Inchquin and County of Clare, Ballymacloon, situate in the barony of Bunratty, aforesaid, held in fee, the chief rent of £92 6s 2d issuing out of the lands of Ballygannor, in the baronly of Bunratty, aforesaid, the lands of Clonegroe and part of the quarter of Gortidine, in the barony of Tulla, aforesaid, held in fee; part of the town and lands of Ballyvirgin, containing 175a 0r 31p, in the barony of Bunratty, aforesaid, held under the fee farm grant dated the 2nd June, 1749, and the lands of Bally[?], Lisrathamolta, otherwise Lissard, and the two Leighorts, otherwise Lehorts, in the barony of Tulla, aforesaid, held under lease, dated the 9th day of February, 1756, for 9,999 years, all parties objecting to the sale of the said lands are hereby required to take action of such order, and all persons having claims thereon may file such claims duly verified with the Clerk of the Records.
Dated this 29th October, 1870.
John Martley, for Examiner.
Benjamin Whitney, Petitioner’s Solicitor, having Carriage of Sale, 29, Upper Fitzwilliam-street, Dublin.
Sheila

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