Content Description | First Party: Alliance Assurance Company Limited, registered at Bartholomew Lane, London.
Second Party: Henry Pelham Archibald Douglas [Pelham-Clinton], 7th Duke of Newcastle under Lyne.
Third Party: George Henry Aizlewood of Sheffield, Yorkshire.
Conveyance from (1) and (2) to (3) in consideration of £1000 to be paid by (3) to (1) of land in Gamston, measuring 28.317 acres currently in the occupation of William Kelton and James Pilgrim [gives a full description of the property boundaries, as described in Schedule 1 and shown on attached plan]; property doe not include any part of the bed of the River Maun; reserves all minerals and watercourses to (1) including the right to enter the land to work the minerals without the need to provide adequate support for the surface land during the term of the mining lease of 99 years [see details below]; after the term of 99 years the persons working the minerals must pay (3) adequate compensation for damage to the surface land and a yearly rent of £3 an acre for any surface land being used by them; the rent shall be payable until the persons working the minerals have cleared the land and rendered it fit for agricultural use or have paid for damage at £60 an acre; reserves to (1) and (2) all rights of way and water, all fishing rights in the River Maun, and the right to remove the bridge; conveyance subject to the mining lease [see above] between (2) and the Wigan Coal and Iron Company Limited dated 30 Oct 1896, for a term of 99 years, which indemnifies (1) and (2) are against all claims for damages; (3) covenants not to use the property for any noxious or dangerous business, to maintain all boundary fences, and to keep clean the dykes and culverts [specifies exactly which waterways]; that (2) and (1) acknowledge (3)'s right to the production of deeds listed in Schedule 2.
Schedule 1: full description of the property to be conveyed, namely 6 parcels of land; includes the number of each parcel on the 1900 O.S. map, a brief description, and the area of each parcel.
Schedule 2: list the deeds to which (3) has the right of production.
Consideration: £1000.
Recitals: (a) fact that (2) is seised of the property, which is subject to a mining lease and a mortgage, mortgage is dated 10 Mar. 1914 and is between (2) and (1); (b) fact that (2) has agreed to sell the peroperty to (3) subject to the mining lease but free from the mortgage; (c) fact that the whole of the mortgage and interest still remains owing to (1); (d) fact that (1) should join in the conveyance of the property which should be subject the exceptions, reservations and covenants above, and that the purchase money should be paid to (1) in part payment of the mortgage.
Includes a plan with the property in question bordered in red and with the letters A-F marked on around the boundary [to indicate dykes and culverts]; names of adjoining landowners are marked on; also shows the Great North Road and the River Maun; the plan is taken from the 25 inch 1900 O/S map; there is a compass showing north.
Ne 6 D 2/22/7/2 is a copy letter from Francis and Crookenden regarding the conveyance, dated 28 Sep. 1916.
Ne 6 D 2/22/7/3 is an Inland Revenue form noting that there is no Increment Value Duty payable. |