Z210/81

Draft agreement

15 Feb 1873

From: 1873 To: 1873

i) T Sworder, Luton, brewer ii) T Sworder, Hertford, gentleman in 1862 i) was indebted to ii) in sum of 23006 7s 9d and it was arranged between them that 16, 650 (part of said 23006 7s9d) should be taken as a composition in satisfaction thereof. As to sum of 6456 7s 9d residue, i) in satisfaction thereof would vest in ii) all estate and interest he might have in property in first and second schedule It was arranged between i) and ii) that until ii) should sell said property or should require a conveyance thereof to him - ii), then i) remainded in possession and receipt of the rents and profits and out of them paid the interest of the mortgage and the balance to ii). A considerable balance which has not been ascertained and fixed still remains due to ii) on account of such rents and profits On 1 July 1872 ii) filed his Bill of Complaint (1872 South No 197) in Chancery against i) concerning the aforesaid arragement and such Bill is now in course of prosecution Since 1862 the businesses of a common brewer and wine and spirit merchant have been carried out on the brewery premises marked G in second schedule and the public houses in siad schedule have been treated as appurtenances to said brewery i) has acquired the public houses in 3rd schedule which have been regarded as appurtenant to the Brewery Since 1862 W Ainstee, John Cook and Benjamin Bennett have carried on the business of brewers and wine and spirit merchants on said brewery premises marked G under name of T Sworder and Co and i) has managed the Business under their direction and claims to have some interest therein W Anstee, John Cook and B Bennett have a lien on the machinery, plant and fixtures belonging to the Brewery and marked G ii) also has a lien for 1100 on said machinery subject to said prior charge thereof and i) is entitled to any surplus value now is agreed between i) and ii) 1. i) will assure to ii) all the property in 1st and 2nd schedules subject to said mortgages and deliver the documents to him 2. i) to pay to ii) - 584 as balance due to ii) in respect of rents and profits of premises in 2nd schedule to 31 March 1873 3. ii) will, a long time before 29 September next complete the sale in conjunction with said brewery, premises in 2nd and 3rd schedules, but subject to mortgages. Also machinery, goodwill etc. i) may employ his own valuer. i) will enter into a covenant not to be concerned in the trade of a brewer etc within Luton or a radius of 50 miles and shall covenant. Not to do anything to injure the brewery 4. If sale not effected before 29 September next, right of i) shall revert to him 5. On completion of the purchase and i) performing agreement in clause 3 ii) will pay to him 4000 but may retain 584 if still owing 6. On sale of machinery etc. proceeds shall be applied first in payment of debt of William Anstee, J Cook and B Bennett. Secondly in payment of sum of 1100 due to ii) and balance to i). 7. Bill in Chancery shall be dismissed without costs on signature of this agreement 8. If any difference arises between i) and ii) in regard to construction of any of above clauses then to be referred to arbitration. Each party to appoint an arbitrator and they to appoint a referee, within 10 days 1st schedule Interest of i) under wills of R Sworder, senr, R Sworder, jnr, Thomas Vyse and R Vyse. This interest is not subject to any mortgage 2nd schedule fee simple of - Saracens Head, and adjoining cottage, at Dunstable, in occupation of Mark Rest etc - 3 cottages at Houghton Regis - Red Lion P.H. at Stanbridge in occupation of G Olney - White Horse P.H. at Dunstable, in occupation of John Franklind, and adjoining cottage - Wagon and Horses late P.H. at Luton in occupation of Amos Cox - piece of land near lnwr station at Dunstable in occupation of James Champness above subject to mortgage from i) to William Lettsom (now assigned to Mrs Swannell of Hertford) to secure 2000 - Bedford Road Brewery etc [Luton] 'G' - Crown and Anchor P.H. adjoining said brewery in occupation of William Critchley - private house also adjoining brewery in occupation of C Cowell - Bute Arms P.H. in Peel Street, Luton, in occupation of H James above are subject to mortgage from i) and Robert Sworder, to ii) for 5000 transferred to Thomas Foster, Henry Vyse and Edward Vyse, as trustees under will of R Vyse for securing 4500 - Woolpack P.H., London Road, Luton, in occupation of John Daley - private house adjoining in occupation of George Anthony - Wagon and Horses P.H. at Barton in the Clay in occupation of Mrs Timms - 3 cottages adjoining in occupation of J Timms and others - 4 messuages and shops in the Bell Road, Luton, in occupation of - Judge and others above subject to mortgage of 4 December 1867 from i) to John Cook of Bramingham, to secure 1700 and 700 - Balloon P.H. at Dunstable, in occupation of W Impey - The Cock P. H. at Dunstable in occupation of Mary Field - The George P.H. at Dunstable and 3 cottages adjoining in occupation of Thomas Fowler and others - 2 cottages at Chalk Mill, Dunstable, in occupation of William Evans - Unicorn P.H. and 3 cottages adjoining at Houghton Regis, in occupation of George Burt and others - Wagon and Horses P.H. at Toddington in occupation of Thomas Bavister - Crystal Palace P.H. at or near Luton, and 2 cottages adjoining and 3 a land in occupation of Thomas Bent and others - Red Lion P. H. at Luton and houses adjoining in occupation of Eliza Edridge and - Wright - piece of land at back of Brewery 'G' above subject to mortgage of - from i) to J Smithman - Globe P.H., Dunstable - Railway Hotel, Dunstable, in occupation of James Champness, subject to a mortgage from i) to John Sworder, Westmill, Hertfordshire, for 850 which is now due 3rd schedule Leaseholds Standard, Luton White Lion, Luton Brittania, Luton Cricketers, Luton Cross Keys, Luton Fox, Luton No sign, Redbourne Anchor, Dunstable Royal Oak, Luton Grapes, Luton Goat, Luton Exchange, Luton Railway Tavern, Luton The Dog, Luton Wheelwright Arms, Luton Three Tuns, Hitchin King Harry, Luton White Hart, Dunstable Engine, Luton Radcliffe Arms, Hitchin The Lamp, Luton Eight Bells, Houghton RedLion, Hitchin Greyhound, Luton Rose and Crown, Woburn Leather Bottle, New Mill End No sign (Cooper) Mangrove Sugar Loaf, Keswick No sign (Gazeleys) Caddington Yorkshire Crey, Luton No sign (Matthews) Caddington Harow, Kinsman Green Star, Chalton No Sign (Puddephatt), Aley Green unsigned Freeholds Cock and Magpie, Luton Globe, Luton Melsome Arms, Luton Swan, Leighton Green Man, Chalk Hill Royal Oak, Dunstable 'Crown Lease' Eagle, Dunstable Antelope, Luton Bedford Arms, Luton Car Arms Dukes Head 'Lease'

No. of pieces: 1

item

Sworder, Thomas,
Bennett, Benjamin,
Cook, John,
Anstee, William,
Sworder, R,
Vyse, Thomas,
Vyse, R,
Rest, Mark,
Olney, George,
Franklin, John,
Cox, Amos,
Champness, James,
Lettson, William,
Swannell,
Critchley, William,
Cowell, C,
James, H,
Sworder, Robert,
Foster, Thomas,
Vyse, Henry,
Vyse, Edward,
Vyse, R,
Daley, John,
Anthony, George,
Timms,
Timms, J,
Judge,
Impey, W,
Field, Mary,
Fowler, Thomas,
Evans, William,
Burt, George,
Bavister, Thomas,
Bent, Thomas,
Edridge, Eliza,
Wright,
Smithman, J,
Champness, James,
Sworder, John,
Gazeley,
Matthews,
Puddephatt

Sworders' Brewery, INNS, brewer, wine and spirit merchant, Dunstable Saracens Head, Stanbridge Red Lion, Dunstable White Horse, Church Street, Luton Wagon & Horses, railways, London & North Western Railway Company, Luton Crown & Anchor, Luton Bute Arms, Peel Street, Luton Wool Pack, Barton-le-Clay Wagon & Horses, BARTON-LE-CLAY, Dunstable Balloon, Dunstable Cock, Dunstable George, Houghton Regis Unicorn, Toddington Wagon & Horses, Luton Crystal Palace, Luton Red Lion, Dunstable Globe, Dunstable Railway Hotel, Luton Standard, Luton White Lion, Luton Britannia, Burr Street, Luton Cricketers, Luton Cross Keys, George Street, Luton Fox, Dunstable Road, Dunstable Anchor, Luton Royal Oak, Luton Grapes, Luton Goat, Luton Exchange, Luton Railway Tavern, Luton Dog, Luton Wheelwright Arms, Hitchin Three Tuns, Luton King Harry, Dunstable White Hart, Luton Engine, Hitchin Radcliffe Arms, Luton Lamp, Houghton Regis Eight Bells, Hitchin Red Lion, Luton Greyhound, Woburn Rose & Crown, New Mill End Leather Bottle, Luton Yorkshire Grey, Chalton Star, Luton Cock & Magpie, Luton Globe, Luton Melson Arms, Leighton Buzzard Swan, Dunstable Eagle, Luton Antelope, Dunstable Royal Oak, Luton Bedford Arms, LUTON, Luton Bedford Road, Luton Peel Street, Luton London Road, Luton Bell Road, Hertford, DUNSTABLE, Dunstable Chalk Mill, HOUGHTON REGIS, STANBRIDGE, TODDINGTON, Hertfordshire, Hitchin, CADDINGTON, WOBURN, Chalton, LEIGHTON BUZZARD