| 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: Charles William Kayser of Eaton Hall near Retford, Nottinghamshire.
Conveyance from (1) and (2) to (3) of lands and hereditaments in Gamston [as described in Schedules 1 and 2 and shown on the attached plan]; conveyance is free from the mortgage on the property in Schedule 1 [see recitals below], but is subject to the Mining Lease [see recitals below], a Water Grant to the Corporation of Lincoln, and existing tenancies; easement rights for property in Schedule 1 reserved to (1), easement rights for property in Schedule 2 reserved to (2); reserves all minerals and water under property in Schedule 1 to (1) and reserves all minerals and water under property in Schedule 2 to (2); also reserves the right to work the minerals to (1) and (2) to the Wigan Coal and Iron Company under terms of the Mining Lease; the rights of the Mining Lease may be exercised for the term of 99 years without the obligation to provide adequate support to the surface land or for the time being to pay compensation for damage to the surface land caused by working the minerals; after the term of the lease the lessee must pay adequate compensation to (3) for damage to the surface land, to be settled by arbitration; (1) and (2) may occupy the surface land in order to work the minerals; the lessee may occupy the surface land to work the minerals for the term of the Mining Lease, and after the lease expires any occupation will be subject to a rent charge, which will be payable until the land occupied has been rendered fit for agricultural purposes or have paid for the damage at the rate of £60 per acre; conveyance also subject to the terms of the Water Grant to the Corporation of Lincoln, under which the corporation is liable to pay compensation for any damage to surface lands or hereditaments, etc, and is also liable to supply water in bulk to the lands in question; rent from the Water Grant is reserved to (1) and (2); (1) and (2) acknowledge (3)'s right to the production of the mortgage and deeds listed in Schedule 3.
Schedule 1: Details of property in question subject to the mortgage; includes list of tenants occupying the property [names given], including acreage held and present rent; also descriptions and acreage breakdown of water, roads and wastes, and details of shooting rights.
Schedule 2: Details of property in question not subject to the mortgage; gives the name of the tenant; acreage, and present rent, and also lists area of woods and plantations.
Schedule 3: list the deeds to which (3) has the right of production.
Consideration: £129,000; taking into consideration the sum of £20,000 to be paid by (3) to (1) in part payment for a mortgage [see recitals below] and £19,000 to be paid by (3) to (2).
Recitals: (a) fact that before the execution of the indenture of mortgage (2) was seised of the property detailed in Schedule 1, which was subject to a mining lease with the Wigan Coal and Iron Iron Company Limited dated 30 Oct. 1896 [see above], and an indenture called 'the Water Grant' dated 4 Feb. 1909 for appropriating ground water and springs; (b) fact that (2) is now seised of the property detailed in Schedule 2, which is also subject to the mining lease and Water Grant; (c) fact that (2) conveyed the lands in Schedule 1 to (1) as security on a mortgage of £130,000 dated 10 Mar. 1914; (d) fact that (2) has agreed to sell the property to (3); (e) fact that £129,000 of the mortgage is still owed by (2) to (1), and that (1) has agreed to accept £20,000 in part payment from the sale.
Includes a plan with the properties in question shaded pink; plan shows the Great North Road, Causeway Lane, Stanboard Lane, and the rivers Idle and Maun; the 'Water Agreement Line' is marked on in pencil; the plan is taken from the 6 inch 1900 O/S map; there is a compass showing north. |