RARE BOOK & COLLECTORS’ SALE 12th -13th December 2023

70 IMPERFECTIONS NOT STATED Fonsie Mealy’s Est. 1934 571. Rare Manuscript Tithe Applotment Book Co. Kerry: A True Copy of the Commissioners of Applotment Book for the Parish of Geal [Galey] in the County of Kerry under the Tithe Applotment Act.” Made in November 1826. M/ss., 10 ff. T he Tithe Applotment Books were compiled in order to determine the amount which occupiers of agricultural holdings should pay in tithes to the Church of Ireland. The m/ss gives for each holding the tenant’s name and the acreage (whether arable, coarse, or bog), followed by the amount of tithe payable. A Rare Survivor. As a m/ss., w.a.f. (1) €300 - €400 572. With Interesting Inventory of Contents, 1772 Co. Dublin: Lease of a House and Lands. Indenture on vellum (2 large membranes), dated 2 April, 1772 in which Thomas Burroughs of Dublin grants to John Adlercron of same, a lease for lives of part of Newtown, Co Dublin, together with his dwelling house & c. Details of bounds given. Tenant is to spend £200 “on making a good and sufficient addition of lime and stone to the said dwelling house”. Curious schedule attached listing specific items in the house: marble and stone chimney pieces, landscape panels, kitchen grate, “A Large Copper Boyler, and “A Large Marble Rowling Stone with an Iron frame in the Garden”. As a m/ss., w.a.f. (1) * Rare & interesting item. €250 - €400 573. Relating to Lands in Co. Kerry, 1762 Manuscript: Large document on Vellum, in English, 3 membranes. Royal portrait at top left corner; across the top a scroll of vine leaves with an English rose and a Scottish thistle. Seal of the Irish Court of Common Pleas (intact). Endorsed: “ An exemplification of a recovery suffered by Richard Chute Esq. and Francis Chute his son of lands in the county of Kerry, Easter Term 1762 .” Prior to 1834 it was illegal for the owner of an entailed estate to sell any part of his lands. Lawyers, however, found some ingenious methods of evading this restriction, one of which was a fictitious lawsuit in which the owner was said to “suffer a common recovery”. An “exemplification of common recovery” was generally an impressive (and no doubt expensive) document – large, written on vellum in an ornate script, headed with the royal portrait and national emblems, and bearing the large seal of the relevant court. The legal phraseology was often extremely complicated, but so formulaic that it was seldom written out in full. In this case, the owners were Richard and Francis Chute of Tullygarran and the prospective purchasers were the Hon. William Crosbie of Ardfert and Stephen Mills of Cork, banker. The lands are named as Tullygarran, Ballygakin alias Ballygakee, Ballyard, and Clogherclinin alias Clogherclemin, in the barony of Traughanackmee. A large impressive document, as a m/ss., w.a.f. (1) €200 - €300 574. Sites in Essex Street, 1807 Dublin City : Two Indentures on vellum dated 1807, granting leases of plots of land in Essex Street to William Spellman, merchant. The first (4 February) is from the Incorporated Society in Dublin for Promoting English Protestant Schools in Ireland, and specifies that he is to build “at least two good brick houses”, of which details are provided. The second (4 August) is from John Brebner and includes “two new built houses thereon”. Two attractive m/ss maps are attached to both leases, one surveyed by John Hamston, 1802. As m/ss., w.a.f. (2) €250 - €400 575. Trouble in Co. Clare D’Esterre (Henry) An aggrieved tenant’s case against his landlord, 1810, Set of four documents (printed and MS) concerning an appeal made to the House of Lords against two judgements by the High Court of Chancery in Ireland, William Wheeler, gent. appellant, Henry D’Esterre esq., respondent: (1) The respondent’s case. (2) Another copy of same. (3) An additional appendix to the appellant’s case. (4) Copy bond of appellant dated 10 March 1810 to pay respondent’s costs if he loses the appeal. In 1782 D’Esterre had grantedWheeler, who was then his steward, 200 acres in Rosmanaher, Co Clare, with the inducement that “if he behaved himself properly” and married with D’Esterre’s consent, he would grant him a lease for lives. On account of Wheeler’s subsequent misconduct, he later withdrew this undertaking, and began ejectment proceedings in 1793. In defence of his claim to the property, Wheeler submitted evidence that D’Esterre had made a definite promise to grant him a lease, and pointed out that he had carried out considerable improvements to the property, erecting a new house and building embankments against flooding from the Shannon. His case was rejected by the High Court of Chancery in two decrees of 1803 and 1808. Now (1810) Wheeler is taking his case to the House of Lords. The mills of the law grind slow indeed! As a m/ss., w.a.f. (4) €225 - €350 576. With Large Map on Vellum Co. Sligo: Lease of Lands in Co. Sligo, 1774, Indenture on vellum dated 14 April 1774 whereby the Trustees of the Charitable Donation of Edward Nicholson lease to Robert Phibbs of Kingsbrook, Co. Sligo, 48 acres in Ardlee and Coolboybeg in the Barony of Tyrrerill. Large m/ss map attached. As a m/ss., w.a.f. (1) €180 - €250 572 576 573