Primitive Methodist - Deed 1889

This Indenture made the ---- day of --- one thousand eight hundred & eighty nine Between the Honourable Charles William Wentworth Fitzwilliam of Alwalton in the County of Huntingdon (hereinafter called the Vendor) of the first part George Wooding of West Street Rushden in the County of Northampton shoe finisher of the second part William Stewart Forster of 28 Lincolns Inn Fields in the County of Middlesex Esquire (hereinafter called the mortgagee) of the third part Henry Roe of No 4 Knox Road Wellingborough in the County of Northampton the superintendent Preacher for the time being of the Circuit or Station in the Primitive Methodist Connexion in which the pieces or parcels of ground and hereditaments hereinafter described are situate of the fourth part and the said George Wooding Thomas Holt of Wellingborough Road Rushden aforesaid Shoe Finisher George Alfred Moon of Crabb Street Rushden aforesaid Shoe Rivetter William Dickens of Near Green Rushden aforesaid Labourer Frederick James Jacob of the South Terrace Rushden aforesaid Clicker Alfred Hustwaite of 10 Alliance Terrace Wellingborough aforesaid Clicker William Busby of 13 Havelock Street Wellingborough aforesaid Clicker William Sears of Duke Street Rushden aforesaid Dealer and George Gibbs of North Street Rushden aforesaid Shoe Rivetter (hereinafter called the purchasers) of the fifth part Whereas by an Indenture dated the fifteenth day of August one thousand eight hundred and eighty seven and made between the Queens Most Excellent Majesty of the one part and the Vendor of the other part Her Majesty by and with the advice and consent of her Chancellor and Council of the Duchy of Lancaster released and confirmed unto the Vendor (inter alia) the hereditaments hereinafter expressed to be hereby granted (excepting and reserving unto Her Majesty her heirs successors and assigns such mines minerals and mineral substances as are therein mentioned) To hold the same unto the Vendor and his heirs in free and common socage Freed and discharged from all and all manner of customary dues and payments suits and services whatsoever to which the same or any part thereof were then subject And whereas by an Indenture dated the twenty fourth day of January one thousand eight hundred and eighty eight and made between the Vendor of the one part and the mortgagee of the other part the hereditaments herinafter expressed to be hereby conveyed were (inter alia) granted and conveyed to the Mortgagee in fee simple subject to the proviso thereinafter contained  on payment to the Mortgagee of the two several sums of Six thousand nine hundred pounds and Two thousand six hundred pounds making together Nine thousand five hundred pounds with interest at the times and in manner Therein mentioned And whereas the Purchasers being possessed of certain sums of money intended to be laid out in the purchase of a piece of ground and hereditaments and in erecting and building thereon a Chapel or place or religious worship with such appurtenances as may be thought convenient for the use of the people called Primitive Methodists to be settled to the uses upon the trusts and in the manner hereinafter declared and contained have contracted and agreed with the said Vendor by the hands of the said George Wooding acting as their agent as he doth hereby acknowledge for the absolute purchase of the pieces of ground and hereditaments hereinafter described for the sum of Fifty five pounds nine shillings and four pence And whereas there is still due and owing to the Mortgageee the sum of Eight thousand pounds (being the balance of the said aggregate sum of Nine thousand five hundred pounds together with the current half years interest thereon and upon the treaty for the said purchase it was agreed that the said sum of Fifty five pounds nine shillings and four pence should be paid to the Mortgagee in part discharge of the said sum of Eight thousand pounds owing to him as aforesaid Now this Indenture witnesseth that in pursuance of the said agreement and in consideration of the said sum of Fifty five pounds nine shillings and four pence pain by the Purchasers to the Mortgagee by direction of the Vendor and with the consent of the said George Wooding (testified by his being a party to and executing these Presents) out of moneys in their hands as aforesaid at or before the sealing and delivery of these Presents the receipt whereof he the Mortgagee doth hereby acknowledge and for the same sum and every part thereof doth hereby acquit release and discharge the purchasers and every one of them He the Vendor as Beneficial Owner and He the Mortgagee as Mortgagee by direction of the Vendor with the consent and by the direction aforesaid and with the approbation of the said Henry Roe the Superintendent for the time being as aforesaid (testified by his being a party to and executing these Presents) Doth grant and convey unto the Purchasers and their successors and assigns All those two pieces or parcels of land situate at Rushden aforesaid containing a total area of four thousand six hundred and seven square feet or thereabouts which said pieces or parcels of land are bounded on the North by a Street known as Fitzwilliam Street on the South and West by property now or lately belonging to Thomas Willmot and on the East by a property now or lately belonging to Frederick Watkin which said two pieces or parcels of land with the boundaries thereof are more particularly delineated on the Plan drawn in the margin hereof and thereon colored pink To have and to Hold the said pieces or parcels of ground and hereditaments and all and singular other the premises by the presents grants and released and with their and every of their appurtenances in possession immediately from the making hereof and without any power of revocation reservation trust condition limitation clause or agreement whatsoever for the benefit of the said Vendor or any person or persons claiming under him (except the covenants herinafter contained by and on behalf of the Purchasers to be observed and performed) unto and to the use of the said purchasers their successors and assigns for ever freed and absolutely discharged from all principal moneys and interest secured by and from all claims and demands under the hereinafter recited Indenture of the twenty fourth day of January one thousand eight hundred and eighty eight Subject however to all Royal mine and other mines minerals and mineral substances in or under the same to such exception and reservation of the same and of rights with references to the working thereof as in the said Indenture of the fifteenth day of August one thousand eight hundred and eighty seven are expressed but with the benefit of the right to compensation for injury thereby secured But nevertheless upon such and the same trusts and to and for such and the same ends intents and purposes and with under and subject to such and the same powers previous declarations and agreements as are expressed contained and declared or referred to in and a by a certain Indenture of Release bearing date the twenty fourth day of March one thousand eight hundred and sixty four and made or expressed to be made between the Reverend Richard Davies of the one part and Jabez Barlow George Roby John […for] Robert William Limon William Baker George Woods Robert Baker George Hayter Jesse Tovey William Lowis and Richard Povey of the second part and enrolled in Her Majesty’s High Court of Chancery on the second day of April One thousand eight hundred and sixty four being a Deed made for the settlement of a piece or parcel of ground and a Chapel or place of Religious Worship with the appurtenances situate at Walworth in the County of Surrey for the use of the people called Primitive Methodists and to for and upon no other use trust intent or purpose whatsoever And the purchasers hereby jointly and severally covenant with the Vendor his heirs and assigns.

1.  That they the purchasers their Successors and assigns will within three calendar months after the date of these Presents erect and for ever afterwards maintain in proper repair to the satisfaction of the Vendors Surveyor for the time being a suitable fence not less than three feet in height on the sides of the plots mark T as shown in the said Plan and that any gate or gates in the fence shall open inwards only and that in case of dispute the decision of the Vendor’s Surveyor for the time being as to the sufficiency of any such fence shall be final.

2.  That no bricks or tiles shall be made or burned on the said plots nor shall anything be done or permitted thereon by the purchasers which may be or occasion any damage or nuisance to the owner or occupier of any adjoining plot or plots of land.

3.  That the Purchasers will contribute according to the extent of their frontage towards the expense of repairing and maintaining all sewers drains channels footpaths curbs roads and other conveniences already constructed or hereafter to be constructed by the Vendor his heirs or assigns until the same shall be taken to by the parish or other Local Authority.

And the Vendor and the Mortgagee hereby acknowledge the right of the Purchasers to production of the Deeds and Documents specified in the Schedule hereto and hereby undertake for the safe custody thereof but so nevertheless that he the Mortgagee shall be responsible for his own acts and defaults only and for the acts of defaults of any Solicitor or Agent holding them or any of them on his behalf. In witness whereof the said parties to these Presents have hereunto set their hands and seals the day and year first above written.

The Schedule above referred to

11^th October 1876 Indenture of this date made between Adam Corrie Keep, John Woolston and Charles Joseph Keep Woolston of the one part and George Henry Skinner of the other part.

31^st October 1876 Manor of Rushden Stewards Copy Admission of this date of the said George Henry Skinner on the Surrender of the said Alan Corrie Keep.

11^th November 1886 Manor of Rushden Stewards Copy Admission of this date of The Honourable Charles William Wentworth Fitzwilliam on the Surrender of the said George Henry Skinner.

15^th August 1887 The hereinbefore recited Indenture of this date.

24^th January 1888 The hereinbefore recited Indenture of this date.

Signed George Wooding, Henry Roe, William Dickens (his mark), Alfred Hustwaite, William Busby, William Sears (his mark).

NRO Ref: BRA/641/50

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