An Act for establishing the Deed of Conveyance and Assignment executed by Sir James Lawrence Cotter Baronet Richard Kellett Sir Richard Kellett Baronet and William Augustus Kellett late Bankers in the City of Cork for the benefit of their creditors and for obviating and removing certain doubts relative to the validity thereof and for facilitating the performance of the Trusts thereby declared [25^th July 1820]

(soit fait comme il est desiré)

Whereas Sir James Lawrence Cotter Baronet Richard Kellett Sir Richard Kellett Baronet and William Augustus Kellett for many years carried on in partnership the business of Bankers in the City of Cork and so continued to do until the eighth day of June one thousand eight hundred and nine when the said Bankers stopped payment And Whereas at a General Meeting of their Creditors duly convened and which took place in the City of Cork on the twelfth day of the same month of June it was proposed on behalf of the said Bankers that they should vest the whole and entire of their and each of their real and personal estates in Trustees pursuant to the directions of an Act of Parliament passed in Ireland in the thirty third year of the reign of his Majesty King George the second intituled "An Act for repealing an Act passed in this kingdom in the eighth year of the reign of King George the first intituled an Act for the better scrutiny the payment of Bankers' Notes and for providing a more effectual remedy for the scrutiny and payment of debts due by Bankers" to which proposal the said Creditors agreed

And Whereas in and by the said Act it is provided that where any Banker or Bankers who should thereafter stop payment should within three calendar months next after such stopping of payment by any Deed or Deeds vest his or their whole real and personal Estates or so much of his or their real and personal Estates as should be sufficient to pay all the debts that such Banker or Bankers should owe at the time of execution of such deed or deeds and to defray all the expenses of executing the trust or trusts of such deed or deeds in one or more Trustee or Trustees for the payment of all the debts that should be due at the time of execution of such deed or deeds to the Bank or other Creditors of such Banker or Bankers that such Deed or Deeds should be valid and effectual to all intents and purposes and that the Estates real and personal to be granted by such deed or deeds should be and stand vested in such Trustee or Trustees his or their heirs executors and administrators according to the several Estates rights and Interests of such Banker or Bankers freed and discharged of and from his or their debts such debts only excepted as were by the said Act entitled to a preference before other debts and that every purchaser of any part of such real or personal Estate or Estates should upon payment of his purchase money to such Trustee or Trustees have hold and enjoy such part of such real or personal Estate or Estates as should be so purchased according to the Estate or Interest created in such Trustee or Trustees and to be purchased freed and discharged from any claim or demand of any Creditor or Creditors of such Banker or Bankers except as aforesaid and such purchaser or purchasers should not be obliged to see the application of such purchase money made to the debts or trusts provided for by such deed or deeds provided that in all such deeds the trustee or trustees therein named should be approved of by the Majority in value of the Creditors of such Banker or Bankers or by the Lord Chancellor or the Commissioners of the Great Seal or the Commissioners for hearing causes in the Court of Chancery for the time being as by reference to the said all will more fully appear.

And Whereas by a certain deed bearing date the seventeenth day of June one thousand eight hundred and nine and made between the said Bankers of the one part and Sir Patrick O'Conor deceased Thomas Cuthbert Robert Warren Gumbleton and John Lindsey Esquires of the other part it is witnessed that the said Bankers respectively in pursuance and execution of the directions of the said Act and for the purposes therein mentioned granted and assigned unto the said Sir Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey all and every the debt and debts sum and sums of money due to the said Bankers or to any of them from any persons whatsoever by Mortgage Judgment Bond Bill or other Security or by Book amount or in any other manner whatsoever and also severally conveyed and assigned all the Towns Messuages Lands and Hereditaments of or to which the said Sir James Lawrence Cotter Richard Kellett and Sir Richard Kellett were severally and respectively entitled for Estates of Inheritance or under Leases for Lives or other Estates of Freehold or for terms of years or other Chattel Interest and a Moiety of certain annuities or yearly rents to which the said William Augustus Kellett and his Brother Henry Kellett were entitled in equal shares as therein expressed unto and to the use of the said Sir Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey their heirs Executors Administrators and assigns respectively according to the Estates and Interests of the said Bankers respectively therein to and for the several uses intents and purposes in and by the said recited? Act of Parliament directed and appointed and to be by them sold applied and disposed of accordingly but the said Deed contains no assignment of the respective separate Chattels personal of the said Bankers or any of them other than and besides the debts owing to them respectively and it is very improbable that the Estates comprized in the said Deed will prove sufficient for the payment of the Joint and separate debts of the said Bankers according to the true intent and meaning of the said Act And Whereas the Trustees named in the said Deed were afterwards on the twenty third day of June one thousand eight hundred and nine duly approved by the Right Honourable Thomas Baron Manners Lord High Chancellor of Ireland And Whereas the said Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey forthwith accepted and entered upon the execution of the trusts appointed by the said Deed And Whereas the said Sir Patrick O'Conor is since dead leaving the said Thomas Cuthbert Robert Warren Gumbleton and John Lindsey sole surviving and acting Trustees under the said Indenture And Whereas the said Trustees for the time being in pursuance of the trusts reposed in them entered into Contracts at various times with several persons for the sale of certain parts of the Estates comprised in the said Trust And Whereas Robert Aldridge George Newnham Peter Maziere William Green William Hawell John Whately and Thomas Martin Creditors of the said Bank on behalf of themselves and of several other persons Creditors of the said Bank on or about the third day of June one thousand eight hundred and twelve filed their Bill in the High Court of Chancery in Ireland against the said Trustees and the said Bankers and certain other persons thereby praying amongst other things that the said Bankers might be decreed to assign or make over for the benefit of their Creditors all such real and personal Estate as they were entitled to at the time of their stopping payment not already conveyed by the said deed and that the several purchasers from the said Trustees might be ordered to complete their purchases or that such proceedings might be taken to compel the same as might be necessary and that an immediate Sale might be had of the residue of the said real Estate and the said Defendants having put in their Answers to the said Bill the said Cause came on to a hearing on the twenty seventh day of June one thousand eight hundred and fifteen whereupon the said Lord High Chancellor was pleased to decree amongst other things that the said Bankers should assign and make over for the benefit of their Creditors all such Estate as they were seized of and entitled unto at the time of their stopping payment not already conveyed or assigned by the said Deed of the seventeenth day of June one thousand eight hundred and nine and further that all persons Creditors of the said Bankers or any of them who had debts charged or incumbrances affecting their Estates or any of them contracted by the said Bankers or any of them before they became Bankers respectively or any debts or incumbrances secured by deed or conveyance registered pursuant to the provisions of the said Act or in any other way entitled to priority against the Estate of the said Bankers or any of them should be at liberty to come in before Stewart King Esquire one of the Masters of the said Court to prove and ascertain the same Master first publishing an advertisement for that purpose and it was thereby also further ordered adjudged and decreed that the Lands comprized in the said Trust Deed and then remaining unsold should be sold by the said Master by public auction and that the produce of such Sale should be forthwith vested in Government Securities with the privity of the Accountant General to the Credit of the said Cause.

And Whereas several of the purchasers of the said Estates having declined to complete their said purchases alleging that the said Trustees could not convey to them a good and unencumbered title to the Estates so contracted for they the said Thomas Cuthbert Robert Warren Gumbleton and John Lindsey as surviving Trustees as aforesaid did on or about the twenty fourth day of April one thousand eight hundred and thirteen file their Bill in the High Court of Chancery in Ireland against William Beamish Esquire and others of the said purchasers in order to compel them specifically to perform their said contracts and by a decree made by the said Lord High Chancellor upon the hearing of the said cause on the twelfth day of July one thousand eight hundred and sixteen it was ordered that it should be referred to one of the Masters of the said Court to inquire and report whether the said Trustees could make out a good title to the Estates so purchased but no report hath been made upon such reference by reason of the objections herein after writed or set forth And whereas upon an application made on the fourteenth day of February one thousand eight hundred and eighteen to the said Lord Chancellor by petition on the part of the said Creditors and Trustees Plaintiffs in the said two several causes his Lordship was pleased to refer it to the said Stewart King one of the Masters of the said Court to enquire and report whether it would be for the advantage of the Creditors of the Estate of the late Bank of Sir James Cotter and Company that an application should be made to parliament for an act of the Legislature to remedy certain defects in the said Trust Deed alleged in the said petition as arising from the said Bankers not having by their said Deed conveyed their entire or a sufficient part of their Estate for the trusts in the said deed specified and if so that the said Master should settle and approve of the Draft of a Bill to be for that purpose presented And whereas the said Master on or about the twentieth day of February one thousand eight hundred and eighteen duly made his report on the matters so to him referred stating the said Indenture and the several proceedings in Chancery and other circumstances herein-before set forth and the said Master found that on such reference to the Master in pursuance of the said decree of the twelfth day of July one thousand eight hundred and sixteen the said purchasers had objected that the said Bankers had not by the said Trust Deed vested the whole of their real and personal Estate or so much as was sufficient to pay all the debts that they owed at the time of the execution of the said Deed and to defray all the expenses of executing the said Trust Deed and that consequently the said Deed was not a valid Conveyance under the said Act of the thirty third year of George the second and has farther objected that several Judgments and Recognizances were confessed and acknowledged by the said Bankers respectively previous to the time that they became Bankers and still remaining of Record and having priority to all claims under the said Trust Deed and that the same would continue charged upon the said Estates in the hands of the Purchasers and consequently that the said Trustees could not convey a good and unincumbered Title to the said Estates so contracted for and that the said Master farther reported that it did appear that the said Bankers did not by the said Deed vest the whole of their real and personal Estate or so much thereof as was sufficient to pay all the Debts they owed at the time of the execution of said deed and to defray all the expenses of executing the trusts of such Deed and that it also appeared that there were several judgments and recognizances confessed and acknowledged by the said Bankers respectively many years previous to the time when they became Bankers on ffoot of which Judgments and recognizances no claim had been made since the execution of said trust Deed or for several years prior thereto and which Judgments and recognizances although discharged in fact still remained of Record as Incumbrances upon the said Estates and the said Master farther found that the said several purchasers were willing and desirous to complete their said purchases provided a good and unincumbered title could be conveyed to them and that the said Creditors and Trustees were desirous to honour in any means necessary for obviating the said objections and for removing all doubts respecting the powers and authorities of the said Trustees which might prove prejudicial to the parties interested in the said trust Deed and the said Master farther found that it would be for the advantage of the Creditors of the Estate of the said late Bank of Sir James Lawrence Cotter and Company that an application should be made to parliament for an Act of the Legislature to remedy the said defects in the said Trust Deed and for the prevention of multiplicity of Suits and accumulation of expense and the more speedy and effectual relief of the said Creditors

And Whereas the said last mentioned Report hath been duly confirmed by an order of the said Lord High Chancellor of Ireland made of the twenty third day of ffebruary one thousand eight hundred and eighteen

And Whereas the Doubts and objections entertained by the said purchasers with respect to the validity of the said Trust Deed cannot be effectually obviated or removed without the aid and authority of parliament wherefore and for the prevention of Multiplicity of Suits and accumulation of expenses and for the more speedy and effectual relief of the said Creditors Your Majesty's Most Dutiful and Loyal Subjects the said Thomas Cuthbert Robert Warren Gumbleton and John Lindsey as surviving Trustees of the said Trust Deed Do Most Humbly Beseech Your Majesty that it may be Enacted and be it enacted by the Kings Most Excellent Majesty by and with the above and consent of the Lords Spiritual and Temporal and Commons in this present parliament assembled and by the authority of the same that all and singular the Towns Messuages Lands Tenements Moieties of Annuities and other Hereditaments Debts and real and personal Estate and Effects as well Joint as separate of them the said Sir James Lawrence Cotter Richard Kellett Sir Richard Kellett and William Augustus Kellett respectively granted conveyed and assigned or otherwise assured or mentioned or intended to have been granted conveyed assigned or otherwise assured by the said Indenture or Deed bearing date the seventeenth day of June one thousand eight hundred and nine shall be deemed construed and taken to have been thereby granted conveyed assigned or otherwise assured unto and to have upon the execution thereof vested in the said Sir Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey their Heirs Executors and Administrators as fully amply beneficially and effectually and with the same powers and authorities to all Intents and purposes as if the said Bankers respectively had by their said Deed vested their whole real and personal Estates in the said Sir Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey pursuant to the provisions of the said in past writed Act of Parliament and that all persons who have already or shall hereafter at any time or times become the purchasers of all or any part of the Estates or Effects comprized or expressed and intended to be comprized in the said Deed shall hold the same as fully and beneficially to all Intents and purposes as if the said Bankers had thereby vested their whole real and personal Estates in the said Trustees pursuant to the provisions of the said Act and that such respective purchasers upon payment of the amount of their respective purchase Monies into the Bank of Ireland in the name of the Accountant General of the High Court of Chancery in Ireland to the credit of the cause so instituted by the said Creditors against the said Bankers and Trustees shall hold and enjoy the several estates so purchased or to be purchased by them respectively freed and discharged from all claims or demands of any Creditor or Creditors of the said Bankers or of any of them and that such purchasers respectively shall not be obliged to see the application of such purchase money made to the satisfaction of the debts or trusts provided for by the said Deed and that the said Sir Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey shall in all Courts of Law and Equity be deemed and taken to have become and to have been upon the execution of the said Deed seized and possessed of or intitled to the several and respective real and personal Estates and Effects of the said Bankers as well Joint as separate by the said Deed conveyed and assured unto them or expressed and intended so to be as aforesaid and that they were also entitled to sue for and recover and give discharges for the several debts by the said Deed granted and assigned to them or intended so to be as fully beneficially and effectually to all intents and purposes as if the said Bankers had by the said Deed really and bonafide conveyed and assigned the whole and entire of their real and personal Estates and effects to the said Sir Patrick O'Conor Thomas Cuthbert Robert Warren Gumbleton and John Lindsey pursuant to the provisions of the said in part writed Act

And be it further Enacted by the authority aforesaid that all persons whatsoever who have claim to have any Lien charge priority Incumbrance or demand upon or out of all or any of the real and personal Estates of or to which the said Bankers respectively or any of them were either jointly and in partnership or separately and individually entitled at the time of their stopping payment as aforesaid in respect of any Mortgage Judgment Statute Staple or Merchant Recognizance Bond or other specialty confessed acknowledged or executed prior to their respectively become Bankers and who have not already exhibited or shall not on or before the first Day of August one thousand eight hundred and twenty two exhibit his her or their claim or claims before the said Stewart King or other the Master for the time being to whom the said first mentioned cause shall be referred shall be and are hereby declared and adjudged to be utterly barred of all such Lien charge and remedy for or in respect of his her or their demand or demands as he she or they might otherwise have claim or been entitled to either at Law or in Equity out of or upon all or any of such real or personal Estates provided nevertheless that due notice shall be given of the time limited by this Act for exhibiting such claims by an advertisement published in the Dublin Gazette under the direction and authority of the said Master for ten weeks successively between the first day of January now next ensuing and the first day of August one thousand eight hundred and twenty one Saving to the Kings Most Excellent Majesty his heirs and Successors and to all and every other Person and Persons whatsoever except the said Sir James Lawrence Cotter Richard Kellett Sir Richard Kellett and William Augustus Kellett respectively and their several and respective Heirs Executors and Administrators and their joint and separate creditors all such Right Title Interest Claim and demand whatsoever into upon or for or in respect of the said several real and personal Estates as well joint as separate comprized or expressed and intended to be comprized in the said Deed of the seventeenth day of June one thousand eight hundred and nine or any part or parts thereof as they or any of them could or might have held enjoyed or been entitled to in case this Act had not been made And be it further enacted that this Act shall be printed by the several printers to the Kings Most Excellent Majesty duly authorized to print the statutes of the United Kingdom and that a copy thereof shall be admitted as Evidence thereof by all Judges Justices and others ./-