Clontarf Lease Dispute
Luscombe vs Vernon
with Mr. Saurinís
3 Briefs made: J.F.2
Franks, Lr. Fitzwilliam St.
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.
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
security to both parties Ė
7 December 1800
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 damageson account of its being evicted.
The Original Documents may be inspected at Dublin City Archives,
138-144 Pearse Street, Dublin 2.