Scope and Content
Recitals
Presentment by the homage reciting and setting forth an Indenture of Bargain and Sale of 11 Oct 1861 duly executed and attested and made between...
Parties:
(i) Thomas Ruffhead Handley of Biggleswade, tax collector, and John Barker of Langford, schoolmaster (trustees and executors of the last will and testament of Charlotte Oney - see Z 590/27).
(ii) John Thompson of Biggleswade, gardener,
Recitals:
That at Court Baron or Customary Court held for the Manor of Biggleswade on 28 Apr 1854, Charlotte Oney was admitted as devisee in fee under the will of Charles Oney, her late husband, a customary tenant of the manor to, among other hereditaments, certain copyhold or customary hereditaments described below (to be bargained and sold, limited or appointed or otherwise assured with their appurtenances) to hold to Charlotte Oney, her heirs etc. according to the custom of the manor and by and under the suits, services, rents and fines, therefore due and of right accustomed.
Will of Charlotte Olney, her death, and probate of her will (see Z 590/26).
That (i) caused certain of the freehold and copyhold cottages, or tenements, hereditaments and personal estate to be put up to sale by auction in 7 lots at Biggleswade on 25 Sep 1861 at which sale (ii) was declared the highest bidder for and purchaser of the hereditaments comprised in Lot 2 of the particulars of the sale for the sum of £80.
Operative Part:
Bargain and Sale (operative words being ‘grant, bargain, sell, limit, appoint, convey, and assure’), for carrying into effect the said recited contract and in consideration of £80 paid to (i) by (ii), from (i), in further pursuance and exercise of the power or authority in that behalf given to them by the will of Charlotte Oney, deceased, to (ii) of:
(a) 2 messuages, tenements, or dwelling houses with the yard, garden, and appurtenances belonging thereto situate and being in Biggleswade and formerly in the occupation of Thomas Gale and William Hopit, and then of William Clarke and George Head, and which were erected on part of a piece of arable land called Cow Fair Land purchased by Thomas Gale of Edward Rudd, gent., bounded on the E. by the tenement and premises formerly of Philip Whitfield, then of [ ] Whitfield,his widow, and afterwards of Michael Thornton, deceased. on the S. by a footpath 5’ wide leading into the turnpike road (formerly called Crab Lane), on the W. by premises formerly of James Hart, then of Cornelius Bennett, and on the N. by garden ground belonging to the Anchor Public House; together with joint use of the well of water situate in the yard of the Anchor P.H. in common with the other owners of or persons entitled to the same well.
To all which premises together with other hereditaments Charlotte Oney was admitted tenant at the court and in manner before mentioned.
Habendum: (a) with its appurtenances to (ii), his heirs and assigns for ever but nevertheless according to the custom of the manor and subject to the fines, customs, and services payable and to be performed to the lord(s) or lady(ies) of the said manor for the time being for or in respect of the same premises or any part thereof.
Nomination and appointment (absolutely and irrevocably) by (i) (as trustees of the power to them in that behalf given by the in part recited will of Charlotte Oney, deceased, and other enabling powers etc.) of (ii), his heirs and assigns unto the tenancy and into the ownership of the same hereditaments and premises accordingly to be holden to him and them at the will of the lord according to the custom of the manor by the rent, fines and services anciently due and of right accustomed and otherwise according to tenure.
Operative Part
Admission of (ii) tenant of the premises so conveyed to his use as aforesaid (seisin thereof granted by the Deputy Steward by the rod)
Habendum: to (ii) his heirs and assigns for ever according to the tenor and effect of the said recited Indenture of Bargain and Sale of the Lord of the Manor, at the will of the Lord according to the custom of the same manor by copy of Court Roll, fealty, suit of court and yearly rent by apportionment of 3d. and other duties, customs and services therefore due and of right accustomed.
Fine: not stated.
Fealty: respited.
Signed by the Deputy Steward.