Clontarf  Lease Dispute



Vernon Document No. 2

Luscombe vs Vernon

Copy Case

with Mr. Saurinís

Opinion thereon

Compd. J.F.

3 Briefs made: J.F.2

 

Franks, Lr. Fitzwilliam St.

Vernon Document No. 2 Page 1

 

Copy Case

 

            You have herewith a Case which was laid

before you on behalf of Mr. Vernon respecting a Renewal of a

Lease claimed by Sir William Gleadow Newcomen and your

opinion dated the 20th of June last thereon.

 

            Sir William and Mr. Vernon on considering

the Circumstances of the Case have come to an Agreement whereby Sir

William is to surrender his present Lease and Mr. Vernon is to

make him a Lease for 91 years from the 29th of September 1778

which is in fact adding 20 years to the Term of the original Lease pursu[an]t

to the Agreement of the original Lessor.

 

            Sir William wishes to get a good and valid

Lease and Mr. Vernon wishes to avoid any Act that may hereafter

subject him or his Executors to any Lessor inconvenience in

case his power to give such an Extension of the term

should hereafter be called in question.

 

            You will therefore as the mutual

            Counsel of both parties please to advise

            how their intentions may be best carried

            into effect without hazard or inconvenience

            to either party.

 

            COPY OPINION

 

            As I am informed by Mr. Furlong that the rent

to be reserved in the improved Value, the Agreement will be

effectually executed by making a new Lease agreeably to the

power in Mr. Vernonís Settlement, for 68 years from the 29th

of September last at the old rent, being the full value, the

former Lease being surrendered Ė this seems to me to be the

only way in which the Agreement can be executed with

Vernon Document No. 2 Page 2

security to both parties Ė

 

                                                William Saurin

                                                7 December 1800

                                                Stephenís Green

                                    FURTHER CASE

 

The Information mentioned in Mr. Saurinís opinion on the

foregoing Case as to the rent being the improved value of the ground

is a mistake, that is the very point which makes Mr. Vernon

hesitate as to making the Lease.  But Mr. Vernon is

willing to make the Lease, provided it can be done in such

manner as that his Executors or Representatives shall

not hereafter be answerable for the validity

of it Ė

            You are therefore requested to

advise in what manner the Lease intended shall be

framed, so as that Mr. Vernonís Ex[ecut]ors or Rep[resentativ]es shall

not (in case it sh[oul]d be evicted) be answerable for

the validity of it or liable to any action in damages

on account of its being evicted.

 

 The Original Documents may be inspected at Dublin City Archives,

138-144 Pearse Street, Dublin 2.