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5 1952

FOYLE FISHERIES ACT, 1952

SECOND SCHEDULE.

DRAFT TERMS OF AGREEMENT TO BE MADE BETWEEN THE IRISH SOCIETY AS VENDOR AND THE MINISTER AND THE MINISTRY AS PURCHASERS.

Section 8

1. (1) The Irish Society sells and the purchasers purchase for the consideration hereinafter appearing all the estate right title and interest of the Irish Society to and in—

(a) the fee simple in possession free from incumbrances of a several fishery in the tidal portions of the Lough and River Foyle and of its tributary the River Faughan (as shown coloured yellow on the map prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement) exclusive of such rights in the ground and soil thereof as are in paragraph 2 hereof agreed to be extinguished and save as mentioned in paragraphs 3 and 4 hereof;

(b) the lands held by the Irish Society for the purposes of or in connection with the said several fishery and more par ticularly referred to in the annex to this Agreement free from incumbrances save as mentioned in paragraph 3 hereof according to the several estates and titles for and under which they are respectively held and enjoyed;

(c) all fixed nets or other fixed engines of any kind whatsoever belonging to the Irish Society and situate in the said tidal waters; and

(d) all easements, quasi-easements, accommodations and other rights owned used or enjoyed by the Irish Society for the purposes of or in connection with the said several fishery over across or on any lands other than those herein expressly mentioned.

(2) The consideration for the said sale is the payment by the Purchasers to the Irish Society of the sum of £106,885 (with interest on £102,485 portion of the said sum, calculated at the rate of three per centum per annum from the first day of March, 1951, to the date of this Agreement) (the receipt of which said sum and interest the Irish Society hereby acknowledges).

2. In consideration of the payment to it of the sum aforesaid the Irish Society hereby consents and agrees to all the estate right title and interest of the Irish Society in and to the ground and soil and foreshore of the tidal portion of said Lough and River Foyle and of the tidal portion of the River Faughan (which said tidal portions are shown coloured yellow on the said map) being extinguished by legislation and hereby releases and discharges the purchasers and all other persons whatsoever from and against all actions suits claims and demands by the Irish Society (whether for compensation or otherwise) in respect or in consequence of such extinction or of the divesting of any other estate right title or interest of the Irish Society in to or over the said tidal portions by virtue of the operation of any such legislation.

3. The Irish Society will at its own expense when requested by the purchasers enter into a covenant binding upon the Irish Society and its successors in title with the purchasers and each of them their and each of their successors in title that the rentcharge of £250 per annum settled upon the Lord Bishop of Derry and his successors for ever by Statute 3 and 4 Anne Chapter 1 and the rentcharge of £12 settled upon the said Bishop by virtue of Deed Poll dated 11th May, 1705, shall be charged upon such of the property of the Irish Society as the purchasers shall select and to the intent that the said rentcharges shall be paid by the Irish Society and its successors in title in complete exoneration of the Purchasers and their successors in title and indemnifying the lands and property hereby sold and the estates rights title and interests agreed in paragraph 2 hereof to be extinguished by legislation and the Purchasers and each of them their and each of their successors in title from and against the payment of the same or of any part thereof and against all proceedings costs damages claims demands and liability by reasons of any non-payment of the same or any part thereof.

4. Nothing in this agreement shall prejudice or affect any right vested immediately before the execution hereof in any person other than the Irish Society to use a fixed engine under certificate granted under Section six of the Salmon Fishery (Ireland) Act, 1863.

5. This Agreement shall operate as if it contained covenants by the Irish Society:—

(a) as to the several fishery described in paragraph 1 (a) here of that the Irish Society has not executed or done or knowingly suffered or been party or privy to any deed or thing whereby or by means whereof the said several fishery or any part thereof is or may be impeached, charged, affected or incumbered in title, estate or otherwise or whereby or by means whereof the Irish Society is in anywise hindered from selling and conveying the said several fishery or any part thereof in the manner affected by this agreement,

(b) as to the lands described in paragraph 1 (b) hereof in terms of those implied in a conveyance for valuable consideration other than a mortgage (including in respect of leasehold property the further covenant in respect of an assignment thereof) by a person who conveys and is expressed to convey as beneficial owner.

ANNEX.

1. ALL THOSE two parcels of ground with the buildings thereon situate adjacent to the Fort of Culmore in the Townland of Culmore Parish of Templemore Barony of North West Liberties of Londonderry and County of Londonderry more particularly delineated on the map thereof marked Number 1 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement and thereon coloured red.

2. ALL THAT parcel of ground with the buildings thereon situate adjoining the road leading to Culmore Point which said road runs between the parcel and the River Foyle as the said parcel is more particularly delineated on the map thereof marked Number 2 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement whereon the parcel is coloured red and blue which premises are in the Townland of Culmore Parish of Templemore Barony of the North West Liberties of Londonderry and County of Londonderry.

3. ALL THAT parcel of ground with the buildings thereon known as “Shell Rock Hut” situate near Rosses Bay in the Townland of Caw, Parish of Clondermot, Barony of Tirkeeran and County of Londonderry, more particularly delineated on the map thereof marked Number 3 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement and thereon coloured red.

4. ALL THAT parcel of land containing 8 acres and 15 perches or thereabouts statute measure situate in the Townland of Cloghboy, Barony of Strabane Lower and County of Tyrone, the subject of folio 5349 of the Register County Tyrone together with all buildings and erections thereon and the appurtenances thereunto belonging or in anywise appertaining thereto which said parcel is more particularly delineated on the map thereof marked Number 4 prepared in triplicate upon which for the purpose of identification the parties hereto have affixed their seals immediately before the execution of this Agreement and thereon coloured blue.