ChapterName:The Indenture 1935

Made the 10th day of September One thousand nine hundred and thirty five BETWEEN McAinsh and Company Limited having their registered offices at number 102 and 103 Grafton Street in the City of Dublin Timber Merchants of the one part and Robert G. H. Russell of Port arlington in the County of Leix Timber Merchant Margaret Farrell of Portarlington aforesaid widow William M. H. Cobbe of Ballycullane Portarlington aforesaid Merchant and Thomas N. Wardrop of Portarlington aforesaid Solicitor being the Trustee for and on behalf of the Portarlington Golf Club of Garryhinch Portarlington in the King's County (Offaly) hereinafter called "The said Trustees" of the other part WHEREAS by indenture bearing date the Twenty second December one thousand nine hundred and thirty one and made between Richard Henry Haskell Warburton of number one Longford Place in the City of Cork Esquire of the one part and the said McAinsh and Company Limited of the other part the said Richard Henry Haskell Warburton as Beneficial ownegranted and conveyed into the said McAinsh and Company Limited ALLTHAT AND THOSE part of the lands of Garrynincn containing six hundred and thirty-three acres and ten perches situated in the Barony of Upper Phillipstown and County of Offaly AND ALSO that part of the lands of Tinnakell containing one hundred and ninety seven ACRES situated in the Barony of Portnahinch and County of Leix AND WHEREAS the said McAinsh and Company Limited have agreed with the said Trustees for the sale of then the said Trustees of part of the landhereinbefore mentioned and herinafter particularly described and intended to be hereby granted and conveyed for the sum of Four hundred
and fifty pounds AND THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the said sum of Four hundred and fifty pounds this day paid to the said McAinsh and
Company Limited by the said Trustees the receipt whereof the said McAinsh and Company Limited (as testified by their seal hereto) do hereby acknowledge they the said McAinsh and Company Limited as
Beneficial owners do hereby grant and convey unto the said Trustees ALL THAT AND THOSE part of the lands of Garryhinch containing eighty-four acres and nine perches statute measure or thereabouts (be the
same or more or less) and at present in the possession and occupation of the Portarlington Golf Club including all Buildings standing thereon and all appertaining and as depicted and shown on the map hereon endorsed and thereon edged red and bounded on the north by the Public road
leading from Mountmellick to Portarlington and from Mountmellick to
Kilbride and the field known as Lawrence's field on the South and East by Lawlor's wood and on the West by the river Barrow and situated at Garryhinch Parish of Cloneyhurke Barony of Upper Phillipstown otherwise Daingean and near the town of Port arlington and in the King's joint tenants and others the Trustees appoint in "their stead by the said Portarlington Golf Club at any time or otherwise appointed in the fee simple Reserving however to the said McAinsh and Company Limited their successors and assigns a right of way between the points lettered"A" and "B" as shown on the said map with liberty to them and their workmen to pass and repass with or without horses carts tractors and other machinery laden or unladen as they may require and also reserving to the said McAinsh and Company Limited the right to enter on the said lands hereby conveyed with workmen and the necessary carts tools and
implements and full liberty to fell cut or remove forty five trees marked specially by them such cutting and removal to be completed within a period of two years from the date of these presents the said McAinsh and Company Limited making good all avoidable damage and removal of same and the said McAinsh and Company Limited hereby acknowledge the right of the said Trustee to production of the delivery of copies of the said conveyance dated twenty second December one thousand nine hundred and thirty-one and undertake for the safe custody thereof and it is hereby certified that the transaction hereby effected does not form part of a larger transaction or of a series of transactions in respect of which the
amount or value or the aggregate amount of value of the consideration orof the property conveyed or transferred exceeds the sum of five hundred pounds sterling In witness whereof the said McAinsh and Company Limited have affixed their seal hereto and the other parties aforesaid have hereunto set their hands and affixed their seals the day and year first herein written.
Dated this 10th day of September, 1935
McAinsh and Company Limited on one part
Robert G. H. Russell
Mrs. Margaret Farrell
William Henry M. Cobbe Esq.
and
Thomas N. Wardrop Esquire
other part.

The question of ownership of the Paddock remained unresolved and at a meeting on 11th July 1935, it was decided to leave the matter in abeyance as T. N. Wardrop, Solicitor, had not received a final reply from Messrs. Franks & Carter, Solicitors. The Paddock was later, in fact, included in the deal as part of the Course.