JOHNSTOWN CASTLE AGRICULTURAL COLLEGE (AMENDMENT) ACT, 1959

SCHEDULE. Enactments Repealed.

Enactments Repealed.

Section 12.

Number and Year (1)

Number and Year (1)

Short Title (2)

Short Title (2)

Extent of Repeal (3)

Extent of Repeal (3)

No. 33 of 1945.

No. 33 of 1945.

Johnstown Castle Agricultural College Act, 1945.

Johnstown Castle Agricultural College Act, 1945.

Sections 3 and 5.

Sections 3 and 5.

No. 25 of 1954.

No. 25 of 1954.

State Property Act, 1954.

State Property Act, 1954.

Paragraph 6 of the First Schedule.

Paragraph 6 of the First Schedule.

Definitions.

Definitions.

1

1.—In this Act—

“the Act of 1945” means the Johnstown Castle Agricultural College Act, 1945;

“the Agreement of 1944” means the Agreement made on the 28th day of December, 1944, between Dorothy Violet Jefferies and Maurice Victor Lakin of the one part and the Minister of the other part, a copy of which said agreement is set forth in the First Schedule to the Act of 1945;

“the Conveyance of 1944” means the indenture made on the 28th day of November, 1944, between Dorothy Violet Jefferies of the first part, Maurice Victor Lakin of the second part and the Minister of the third part and registered in the Registry of Deeds, Dublin on the 22nd day of November, 1945 in Book 43, No. 86, a copy of which said Indenture (undated) is set forth in the Second Schedule to the Act of 1945;

“the Estate” means the property commonly known as Johnstown Castle and Demesne and described in the Schedule to the Conveyance of 1944;

“the Institute” means An Foras Talúntais;

“the Minister” means the Minister for Agriculture;

“the operative date” means the date fixed by order of the Minister for the coming into operation of this Act.

Vesting of the Estate in the Institute.

Vesting of the Estate in the Institute.

2

2.—On the operative date the Estate shall, by virtue of this section, vest in the Institute for all the interest therein which immediately before the operative date was vested in the Minister.

User of the Estate.

User of the Estate.

3

3.—The Estate shall be used exclusively for the purpose of a lay agricultural college, which purpose is hereby extended so as to include the conduct of agricultural research, and for no other purpose whatever, and the Act of 1945, the Agreement of 1944 and the Conveyance of 1944 shall be construed accordingly.

Name of the Estate.

Name of the Estate.

4

4.—The Estate shall continue to be known and described by the name of “Johnstown Castle Agricultural College” and such name shall not be changed.

Provisions in relation to the Gate Lodge at Rathaspick.

Provisions in relation to the Gate Lodge at Rathaspick.

5

5.—(1) In this section—

“the existing Nurse” means the person who immediately before the operative date holds the position of District Jubilee Nurse and is entitled by virtue of section 5 of the Act of 1945 to reside in the Gate Lodge free of rent;

“the Gate Lodge” means the Gate Lodge at Rathaspick on the Estate.

(2) The existing Nurse shall be entitled during her life to reside in the Gate Lodge free of rent.

(3) The Gate Lodge while occupied by the existing Nurse shall be exempt from assessment for any rate made by a local authority.

(4) The Institute shall keep the Gate Lodge in good order, repair and condition while it is occupied by the existing Nurse.

Restrictions on demolition of Johnstown Castle, etc.

Restrictions on demolition of Johnstown Castle, etc.

6

6.—(1) No further demolition of Johnstown Castle or exterior structural alterations thereof shall be undertaken and no alteration to the crenellated entrances to the Estate shall be made, unless, with the passage of time, it should be found necessary to undertake such demolition or alterations because the maintenance of the structures would be no longer practicable, in which case, no such demolition or alterations shall be made until Maurice Victor Lakin shall have been notified of the proposal to do so and has been afforded an opportunity of making representations.

(2) No construction shall be undertaken within a view of Johnstown Castle or of the main avenues which is not designed in harmony with the style of the said Castle.

Application of sections 6, 7 and 8 of the Act of 1945.

Application of sections 6, 7 and 8 of the Act of 1945.

7

7.—Sections 6, 7 and 8 of the Act of 1945 shall continue on and after the operative date to apply in respect of the Estate, subject to the modification that the reference in the said section 8 to the Minister for Agriculture shall be construed as a reference to the Institute.

Transfer of certain obligations of the Minister to the Institute.

Transfer of certain obligations of the Minister to the Institute.

8

8.—The obligations imposed on the Minister by clauses 2 and 3 of the Inventory marked “A” and referred to in clause 10 (c) of the Agreement of 1944 (which said Inventory relates to employees and pensioners at Johnstown Castle) shall on and after the operative date cease to be the obligations of the Minister and become and be the obligations of the Institute, save that the obligation to pay a pension to any employee who retired before the operative date shall continue on and after the operative date to be discharged by the Minister.

Non-application of section 14(3) of the Agriculture (An Foras Talúntais) Act, 1958, to the Estate.

Non-application of section 14(3) of the Agriculture (An Foras Talúntais) Act, 1958, to the Estate.

9

9.—Subsection (3) of section 14 of the Agriculture (An Foras Talúntais) Act, 1958, shall not apply in respect of the Estate.

Transfer of chattels on the Estate to the Institute.

Transfer of chattels on the Estate to the Institute.

10

10.—Such chattels, the property of the State on the Estate, as may be specified by the Minister after consultation with the Institute, shall be delivered to and become the property of the Institute, on such date as may be agreed upon by the Minister and the Institute.

Exemption from stamp duties.

Exemption from stamp duties.

11

11.—Section 12 of the Finance Act, 1895, shall not operate so as to require the Institute to deliver to the Revenue Commissioners a copy of this Act or to pay any stamp duty under that section on a copy of this Act.

Repeals.

Repeals.

12

12.—The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of the said Schedule.

Expenses of the Minister.

Expenses of the Minister.

13

13.—The expenses incurred by the Minister in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title and commencement.

Short title and commencement.

14

14.—(1) This Act may be cited as the Johnstown Castle Agricultural College (Amendment) Act, 1959.

(2) This Act shall come into operation on such day as may be fixed for that purpose by order of the Minister.