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Dáil Éireann díospóireacht -
Tuesday, 9 Jul 1935

Vol. 58 No. 1

Ceisteanna—Questions. Oral Answers. - Turbary on Mayo Estate.

asked the Minister for Lands whether he will take steps to reacquire the turbary which was vested in Trustees on June 12th, 1909, on the estate of Jonathan Rashleigh, Co. Mayo, with a view to dividing it amongst the cestui qui trust and vesting the several turbary holdings in them.

In connection with the sale of the Estate of Jonathan Rashleigh, Record No. E.C. 1847, under the Irish Land Act, 1903, the turbary thereon, comprising a total area of 1,489a or 31p situated in the Townlands of Derrynabrock, Cloonmeen East, Kilgarriff, and Tawnabeg, Co. Mayo, and Drumnacoo, Co. Roscommon, was conveyed by the vendor to Trustees on behalf of the tenantpurchasers on the Estate by Deed dated the 12th June, 1909.

The Land Commission have no power to alter or set aside the terms of this Deed of Trust, under which the power of allocating turf banks is vested in the Trustees; and if they were to acquire the bog it would still be subject to the rights of the parties concerned in the Deed. But it is not necessary that the Land Commission should take over the bog in order to bring about division. If the parties want the bog divided it is open to them to join in a Deed authorising the Trustees to divide the bog and to convey a separate plot to each beneficiary. The Land Commission could then authorise their Inspector to give assistance in the sub-division.

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