HC Deb 03 April 1884 vol 286 cc1482-3
MR. LEAHY

asked Mr. Solicitor General for Ireland, Whether it is the fact that, prior to the passing of "the Municipal Corporation Act, 1840," the Corporation of Naas was possessed of property of considerable extent and value; whether, three weeks before the Act of 1836, restraining alienation, a deed purporting to be executed some months earlier was registered whereby the Corporation granted without consideration, except the nominal rent to which the property was subject, the entire of the Corporation property to trustees for the maintenance and education of Protestant orphans from the town and neighbourhood of Naas; whether the value of the property so alienated is between £300 and £400 a-year, and is likely to be soon largely augmented by the falling in of old leases; whether evidence upon this subject was taken before the Local Government Board Commission in February 1877 and the Municipal Boundaries Commission of 1878; whether it appears from that evidence given chiefly by Protestant gentlemen and the Petition unanimously adopted by the Town Commissioners, Protestant and Catholic, that it is the wish of all creeds and classes in the locality of Naas that the Corporation property should be restored; and, whether Her Majesty's Government will institute an inquiry with a view to giving effect to the prayers of the Petition already referred to?

THE SOLICITOR GENERAL FOR IRELAND (Mr. WALKER)

Sir, I believe it to be the fact that some time prior to the passing of the Municipal Corporation Act, 1840, the Corporation of Naas was possessed of property of the value of about £350 per annum. A deed of fee farm grant appears to have been executed on 19th November, 1835, to nominees of Lord Mayo, of the then residue of the corporate property, producing over £322 per annum, at a rent of £ 12 per annum, in trust, as I believe, for the maintenance and education of Protestant orphans from the town and neighbourhood of Naas. Some evidence was given on this subject before the Commissioners mentioned in the Question; and I have no reason to doubt there is a regret, largely entertained, that the Corporation property was not preserved. The deed of 1835 is stated to have been executed in pursuance of a Resolution of 29th September, 1832. Prior to 1836 a Corporation was quite at liberty to convey away property owned by it as any private individual could. If the deed of 1835, carrying out the Resolution of 1832, was in the then state of the law a valid transfer, I do not think it is a case in winch the Government could interfere. If it was not, the transaction may be still impeachable by the Corporation. I recommend to the perusal of the hon. Member the Report of the Municipal Commission of 1835, which contains, if correct, a strange and interesting history of the mode in which the Resolution of 1832 was drawn up, and afterwards carried.