1 1936

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Number 1 (Private) of 1936.


POE NAME AND ARMS (COMPTON DOMVILE ESTATES) ACT, 1936.


ARRANGEMENT OF SECTIONS

Section

1.

Alteration of Name and Arms.

2.

Short title.

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Number 1 (Private) of 1936.


POE NAME AND ARMS (COMPTON DOMVILE ESTATES) ACT, 1936.


AN ACT TO ADD TO THE NAME OF SIR HUGO COMPTON DOMVILE POË, BARONET, THE NAME OF DOMVILE AND TO ADD THE ARMS OF DOMVILE TO THE FAMILY ARMS BORNE BY THE SAID SIR HUGO COMPTON DOMVILE POË. [3rd April, 1936.]

Preamble

WHEREAS by Deed dated the 24th day of August, 1854 and made between Sir Compton Domvile of Santry House in the County of Dublin, Baronet, of the first part, Charles Compton William Domvile the elder of the surviving sons of the said Sir Compton Domvile of the second part, David Henry Sherrard and Daniel Boys of the third part and William Charles Caldwell and Charles Cobbe of the fourth part certain lands tenements hereditaments and premises situate or arising in the City and County of Dublin (in this Act referred to as “the Compton Domvile Estates”) were settled upon Sir Compton Domvile during his life and after his death on the said Charles Compton William Domvile during his life and after the death of the said Charles Compton William Domvile upon the first and other sons of the said Charles Compton William Domvile successively according to seniority in tail male and failing issue male of the said Charles Compton William Domvile upon William Compton Domvile the only other surviving son of the said Sir Compton Domvile during his life and after his death upon his first and other sons successively according to seniority in tail male and failing issue male of the said William Compton Domvile upon the first and other daughters of the said Charles Compton William Domvile successively according to seniority in tail male and failing such issue upon the first and other daughters of the said William Compton Domvile successively in tail male and on failure of the foregoing limitations upon Dame Anne Helena Winnington wife of Sir Thomas Edward Winnington, Baronet, and certain of her descendants;

AND WHEREAS the said Deed contained a proviso in the words and figures following:—

“PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED between and by the parties to these presents that every person who after the determination of the life estate of the said Sir Compton Domvile shall by virtue of these presents become entitled beneficially to the possession or to the receipt of the rents and profits of the said hereditaments and premises hereby settled as tenant for life or tenant in tail male or in tail by purchase and who shall not then use and bear the surname and arms of ‘Domvile’ shall and do within the space of one year next after he or she shall so become entitled or being an infant then within the space of one year after he or she shall attain the age of twenty-one years AND ALSO that every person to whom any female so becoming entitled as aforesaid shall be married or whom she shall afterwards marry shall and do within the space of one year next after such female shall so become entitled or shall so marry whichever of such events shall last happen unless in the said respective cases any such person shall be prevented by death take upon himself or herself and use in all deeds letters accounts and writings whereto or wherein he or she shall be a party or which he or she shall sign and upon all other occasions the surname of ‘Domvile’ only or in addition to his or her other surname but so that the name of ‘Domvile’ shall be the last and principal name and also quarter the arms of ‘Domvile’ with his or her own family arms and within the said space of one year (unless prevented by death) apply for and endeavour to obtain an Act of Parliament or proper license from the Crown or take such other steps or means as may be requisite or proper to enable or authorise him or her so to take use and bear the said surname and arms of ‘Domvile’ AND FURTHER that in case after the determination of the life estate of the said Sir Compton Domvile any person who shall so become entitled as aforesaid or the husband of any such person being a female shall neglect or refuse within the said space of one year to take and use such surname or to quarter and bear such arms or to take and use such steps and means as aforesaid or shall at any time afterwards discontinue to use and bear such surname and arms or in case any person who shall so become entitled as aforesaid or the husband of any such person being a female and who respectively shall at the time of his or her or his wife's so becoming entitled to use such surname and bear and use such arms shall at any time afterwards discontinue to use and bear such surname and arms then in the former of such cases from and after the said space of one year or immediately after such dis- continuance as aforesaid as the case may be and in the latter of such cases immediately after such discontinuance if the person who or whose husband shall so for the time being refuse neglect or discontinue as aforesaid shall be either by herself or together with her husband or by himself tenant for life at law or in equity the limitation hereinbefore contained to the use of such person and his assigns being a male or the trusts hereinbefore declared for the benefit of such person being a female shall absolutely cease determine and be void and if the person who or whose husband shall so for the time being refuse neglect or discontinue as aforesaid shall be tenant in tail male or in tail then the limitations or limitation under which such person shall be so tenant in tail male or in tail And in case of such person being tenant in tail male then also the limitations hereinbefore contained to him or her in tail shall absolutely cease determine and be void And in the said respective cases the said hereditaments and premises hereby settled shall immediately go over precisely in the same manner as if such person being such tenant for life were actually dead or being such tenant in tail male or in tail were actually dead and there was a general failure of his or her issue inheritable under such limitations in tail male or in tail respectively without prejudice nevertheless to any jointure or jointures portion or portions sum or sums of money lease or leases demise or demises sale or sales exchange or exchanges appointment or appointments of new trustees which previously to such cesser failure or determination shall have been charged granted or made under any of the powers for those purposes hereinafter contained.”

AND WHEREAS Sir Compton Domvile died on the 23rd day of February, 1857 and on his death the said Charles Compton William Domvile succeeded to the Baronetcy and entered into possession or receipt of the rents of the Compton Domvile Estates;

AND WHEREAS Sir Charles Compton William Domvile intermarried with the Honorable Margaret St. Lawrence commonly called Lady Margaret St. Lawrence;

AND WHEREAS the said Sir Charles Compton William Domvile died on the 10th day of July, 1884 without ever having had issue and on his death the said William Compton Domvile succeeded to the Baronetcy and entered into possession or receipt of the rents of the Compton Domvile Estates;

AND WHEREAS Sir William Compton Domvile intermarried with Caroline Meade and there were born of the said marriage four children and no more, namely Compton Meade Domvile, the only son, Mary Adelaide Domvile, Helena Maud Domvile and Eveline Caroline Domvile;

AND WHEREAS the said Sir William Compton Domvile died on the 20th day of September, 1884, and on his death the said Compton Meade Domvile succeeded to the Baronetcy and entered into possession or receipt of the rents of the Compton Domvile Estates;

AND WHEREAS the said Mary Adelaide Domvile intermarried once only videlicet with William Hutcheson Poë afterwards Sir William Hutcheson Poë, Baronet and there were born of the said marriage three children and no more namely Mary Gwendoline Poë, who died in infancy, Hugo Compton Domvile Poë and Isabel May Poë;

AND WHEREAS the said Helena Maud Domvile and Eveline Caroline Domvile died under the age of twenty-one years and without having been married;

AND WHEREAS Dame Mary Adelaide Poë died on the 28th day of March, 1929, and her husband Sir William Hutcheson Poë died on the 30th day of November, 1934.

AND WHEREAS the said Hugo Compton Domvile Poë on the death of his father succeeded to the Baronetcy of Poë;

AND WHEREAS Sir Hugo Compton Domvile Poë is a bachelor and aged forty-six years;

AND WHEREAS the said Sir Compton Meade Domvile died on the 22nd day of April, 1935, without having been married;

AND WHEREAS by an Order of the Honorable the Chief Justice of Saorstát Eireann dated the 10th day of May, 1929, Sir Hugo Compton Domvile Poë was declared to be a Person of Unsound Mind and incapable of managing his person or property and by an Order of the Honorable The Chief Justice dated the 21st day of June, 1929, the said Sir William Hutcheson Poë was appointed Committee of the Estate of the said Sir Hugo Compton Domvile Poë;

AND WHEREAS by a further Order of the Honorable the Chief Justice dated the 19th day of March, 1935, Cecil Henry FitzHerbert and Elizabeth Paton were appointed joint Committee of the Estate of the said Sir Hugo Compton Domvile Poë in place of the said Sir William Hutcheson Poë then deceased;

AND WHEREAS the said Elizabeth Paton died on the 31st day of May, 1935;

AND WHEREAS the surviving Committee the said Cecil Henry FitzHerbert is advised and contends that the said name and arms proviso contained in the said Deed dated the 24th August, 1854, does not apply to the said Sir Hugo Compton Domvile Poë and that he is not affected by or bound to comply with the same, but it is nevertheless desired to comply with the same;

AND WHEREAS questions have arisen whether the name and arms of a person of unsound mind can be altered without the authority of the Oireachtas;

AND WHEREAS the Arms of Poë hitherto borne by the said Sir Hugo Compton Domvile Poë consist of—Or, a fesse between three crescents azure issuing flames proper. Crest:—A boar's head erect couped or, pierced with a broken spear proper; and the Arms of Domvile consist of—Azure, a lion rampant argent, collared gules. Crest:—A lion's head erased argent, ducally crowned or;

AND WHEREAS by Order of the Honorable the Chief Justice of Saorstát Eireann dated the 18th of November, 1935, and made in the Matter of Sir Hugo Compton Domvile Poë a Person of Unsound Mind It was Ordered that the said Committee be at liberty in the name and on behalf of the above named Sir Hugo Compton Domvile Poë to take such steps as he might be advised both by Bill in the Oireachtas and by Royal Licence to enable the said Sir Hugo Compton Domvile Poë to have his name changed to Sir Hugo Compton Domvile Poë Domvile and to bear the arms of Domvile to be quartered with the arms of Poë and the arms of Poë and Domvile to be thereafter borne by the said Sir Hugo Compton Domvile Poë.

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Alteration of Name and Arms.

1. From and after the passing of this Act and thenceforward continuously the Name and Arms of the said Sir Hugo Compton Domvile Poë to be borne and used by him shall as regards the Name be Hugo Compton Domvile Poë Domvile and as regards the Arms be the Arms of Domvile quartered with the Arms of Poë.

Short title.

2. This Act may be cited as the Poë Name and Arms (Compton Domvile Estates) Act, 1936.