Bedfordshire Archives Service Catalogue
  • Reference
    SL1/69b
  • Title
    Memorandum of Agreement:
  • Date free text
    1 Mar 1872
  • Production date
    From: 1872 To: 1872
  • Scope and Content
    i) Robert Henley, Lord Ongley, Old Warden (vendor) ii) Joseph Shuttleworth, Hartsholme Hall, Lincolnshire, esquire (purchaser) i) agrees to sell and ii) agrees to purchase for £135,000 and at such further price for the timber as hereinafter mentioned - mansion, park and estate of Old Warden as in particulars annexed [ not annexed] containing 2023 acres 2 roods 29 perches situate in parishes of Old Warden, Southill and Northill with appurtenances etc. including quit rent of 5s and Manor and reputed Manor of Southill and fee simple and inheritance thereof, subject to existing tenancies and to the outgoings specified and also to terms and conditions hereinafter contained i.e. 1. Purchaser having paid to Messrs. Chinnock, Galsworthy and Chinnock as agents for the vendor £10,000 as a deposit shall pay remainder of purchase money and valuation on 29 September 1872 at the office of Montagu Taylor, esquire, the vendor’s solicitor, 42 Jermyn Street, St.James’s, Middlesex. All out goings will be paid by vendor up to 29 September 1872 but all subsequent outgoings by purchaser. Any dispute to be settled by Messrs Chinnock, Galsworthy and Chinnock 2. Purchaser shall pay for timber etc. not less than £15,000 nor more than £16,000 to be determined by 2 valuers, one to be appointed by i) and the other by ii) and in case of dispute by an umpire appointed by the valuer before entering upon the valuation 3. An abstract of the vendor’s title shall be delivered to the purchaser’s solicitors within 21 days from11 March 1872. Any objection to be specified within 6 weeks. If any insuperable objection, then, upon notice in writing, deposit will be refunded, without interest. In such case no liability to make good any losses 4. Title to bulk of property shall commence with will of Sir Samuel Ongley, knight, 1725 or with the Southill Enclosure Award, 1800, or with certain exchanges effected under enclosure act. Purchaser shall assume seizin of Sir Samuel and validity of enclosure award etc. As to other part (containing 23 acres) title shall commence with conveyances to Lord Ongley in April 1812. As to other part (4½ acres) shall commence with conveyance by vendor by way of exchange effected by lease and release of 19 and 20 February 1828. As to other part (12½ acres) by conveyance by way of exchange and confirmed by indentures of 21 March 1843 and 15 April 1851. As to 2 cottages and garden with conveyance to the vendor of 31 December 1847. As to Park Wood, Wood Farm and 2 cottages in Old Warden (183 acres) with will of 1782. As to cottage, garden etc. purchased from the Marquis of Exeter with lease and release of 7 and 8 May 1824 5. By conveyance of 25 April 1812 and by fine, 3 roods 37 perches used as a gravel pit were conveyed by the Highway Surveyors of Southill. As property has ever since been held by vendor right to sell the same shall be assumed by the purchaser. 6. Vendor shall not be required to point out the boundaries of the Manor of Southill nor to give any information other than he possesses as to what rights belong to said Manor. As regarding quit rent of 5s a statutory declaration that rent has been paid for last 25 years shall be sufficient. 7. Purchaser shall assume, upon a statutory declaration, that most tithes have been paid or merged, except as to annual sum of £6 payable to Vicar of Old Warden and shall not require any evidence as to title to the tithes except such as in documents in vendor’s possession. 8. Purchaser to be satisfied with evidence of redemption of tax offered by certificates of redemption in possession of the vendor and statutory declaration above mentioned 9. Purchaser shall take property subject to all rights of way etc. and other easements and all incidents of tenure including repair of highroads and vendor shall not be required to show the origin or give any information respecting the quitrent by Mr.Whitbread etc. 10. No objection to be taken to the obligation not to build on property exchanged by deed of 15 April 1851 (no.26 on plan) [not annexed] 11. Conveyance to be prepared at purchaser’s expense and left for execution at office of vendor’s solicitor 21 days previous to 29 September 1872 12. Cost of any copies of documents to be borne by purchaser 13 Any statement in any document more than 20 years old shall be accepted as conclusive evidence 14. Originals of deeds of exchange of 21 March 1843 and 15 April 1851 cannot be found. Purchaser to be satisfied with attested copies 15. Upon termination of Henry Browning, esquire’s lease of mansion etc. on 25 March 1875, vendor may remove any of his own property 16. Purchaser shall admit identity of property upon a comparison of descriptions in document of title 17. If any material error found it shall not make the sale void. 2 arbitrators to be appointed for any dispute. signature i) witness Montagu Turner
  • Level of description
    item
Hierarchy browser