Reference
X95/356
Title
Instructions drawn up for T.R.Colquhoun Dill to give opinion on the title of Thomas Sworder & Company [see also X95/346]:
Date free text
1897
Production date
From: 1897 To: 1897
Scope and Content
Instructions drawn up for T.R.Colquhoun Dill to give opinion on the title of Thomas Sworder & Company [see also X95/346]:
"Mr.Thomas Sworder who (trading under the name of T.Sworder & Co) carries on the several businesses of a Brewer, Wine & Spirit Merchant and Mineral Water Manufacturer at Luton, Bedfordshire, is retiring from business and his business premises at Luton with 58 Licensed Hotels, Public house and beerhouses, shops, cottages and land in Luton and the adjoining towns and villages are to be sold by Auction on the 25th May next in one lot, the goodwill and trademarks of the several businesses being also included in the sale.
The purchase is to be completed on the 29th September next, up to which date Mr.Sworder will continue to carry on the business and upon which date he has given Notice to pay off the different mortgages upon the properties.
The whole of the property to be sold is freehold with the exception of the premises on which the Wine & Spirit Business is carried on which are held by Mr.Sworder on a lease for a term of 10 years from the 29th September 1892 at a rental of £40 per annum.
The machinery, fixed and loose plant, rolling stock, horses, Drays, fixtures and effects on the various premises, also the Book debts and Stock of Malt, Hops, Beer, Wines, Spirits and Aerated Waters are to be taken by the purchaser at a valuation in the usual way.
The hotels, public houses and beerhouses (except "The Saracens Head" Hotel, Dunstable which is let on a lease for 21 years) are let on yearly tenancies, determinable by either Landlord or tenant by giving three months notice in writing at any time.
These Leases are all in the same form and Counsel's attention is particularly directed to the form, so that he may draw (if necessary) a special condition with reference to the acceptance by the purchaser of the Tenant's holding under these Agreements. It is possible that some of the provisions may be objected to as not in accordance with law.
Besides the freehold hotels, public houses and beerhouses to be sold there are 11 others held by Mr.Sworder on Leases and yearly tenancies for a surrender of his interest in which he is willing to treat with a purchaser of the freehold property.
The following documents are sent herewith:
Particulars of Sale
Plan of the Brewery &c [X95/352]
Plan of the Maltings [X95/353]
Plan of the District [X95/354]
Abstract of Title numbered from 1 to 19 showing the titles to the various properties [X95/322-345]
A copy of a Deed dated the 29th January 1878 referred to in several of the Abstracts
A marked copy of the Particulars of Sale showing in which Abstract the Title to the several premises is to be found
A printed form of the Lease to Tenants of Public houses
The leases of the Wine Company's premises and the Saracen's Head" will be sent later
Counsel is requested:
1. To peruse the Abstracts and ascertain that the Titles are properly made out
2. To advise what further or other Title should be shown to the several properties
3. To settle the Particulars of Sale
4. To draw the Conditions of Sale bearing in mind that the sale is on the 25th May 1897
5. To advise generally
Level of description
item