Bedfordshire Archives Service Catalogue
  • Reference
    X732/39/1-2
  • Title
    Original and Duplicate Indenture of Grant of rights to Water in respect of lands at Westoning
  • Date free text
    7 Jul 1904
  • Production date
    From: 1840 To: 1917
  • Scope and Content
    i) William Adolphus Partridge of 'Elmhurst', Eaton (Norfolk), esquire ii) Anthony Francis Penyston now residing at the same acting by iii) iii) Reverend W W T Drake (see X732/38) of Great Gaddesden vicarage, Hemel Hempstead (Hertfordshire), clerk Recitals That i) is seised of an unencumbered fee simple in possession of hereditaments in the parishes of Westoning, Tingrith, Harlington and Toddington (as delineated on an annexed plan and coloured yellow thereon) That partly by virtue of the will (probate in Prerogative Court of Canterbury, 28 April 1840, of Harriet Penyston, late of Cornwell (Oxfordshire), spinster, deceased and partly by virtue of the will and codicils (probate in Oxford District, Probate Register, 28 July 1873) of Frances Penyston, late of Cornwell deceased, the said ii) (formerly known as Anthony Francis Partridge) as the eldest son and heir in tail of his father Anthony William Partridge, deceased, is seised in possession free from incumbrances of the messuage and hereditaments known as 'Harlington Wood End Farm' also situate in the parishes of Harlington and Westoning and part of which farm is delineated on the annexed plan and coloured pink thereon - see below That ii) was in 1900 and now continues to be (through mental infirmity arising from disease) incapable of managing his affairs and by Order of 9 April 1900 made in the matter of ii) and of Acts 53 Victoria c.5 and 54 and 55 Victoria c.65 ii) was appointed to exercise the therein mentioned powers of a Committee of the estate of ii) That the said hereditaments coloured pink on the plan are dependent for their supply of water on that derived from the service shown on the said hereditaments coloured yellow on the plan and marked 'spring' That i) has offered, for the consideration mentioned below, to secure to the hereditaments coloured pink such right to taking and using water from the said spring and other rights and privileges in reference thereto as are mentioned below That it is for the permanent improvement, security and advantage of such hereditaments that the said water supply should be secured Order made in the said matters, 11 March 1904 (see X732/38) That these presents have been settled and approved by Thomas Halbed Fischer, esquire, one of the Masters referred to in the said Acts, as a proper deed for effectuating the said purchase Operative Part Conveyance from i) as beneficial owner (in consideration of £155 paid to him by iii) out of monies in his hands forming part of the personal estate of ii)) to ii) and his heirs of all and singular his lands and hereditaments situate in the parishes of Westoning, Tingrith, Harlington and Toddington coloured yellow on the plan Habendum: to ii) and his heirs to the use and intent that he and his heirs (and all other persons now or hereafter seised of or entitled to the said hereditaments coloured pink on the said plan (whether under the limitation of the said wills or otherwise)) shall have and enjoy the exclusive right and liberties at all times to take and use the water from the spring or well shown on the plan; to make and maintain for ever and use a line(s) of pipes through the land (coloured yellow), according to the course indicated on the annexed plan by a blue line, for the conveyance of water from the said spring to the said hereditaments coloured pink; to deepen and improve the said well and to collect the water by underground channels from the adjoining land, within the limits shown on the plan by the dotted line coloured red thereon; from time to time and as occasion shall require, to inspect the condition of and amend, repair and cleanse the said well and the said line(s) of pipe(s) at all reasonable times 'with workmen, horses and carts and other persons and things to enter upon the said lands coloured yellow' doing as little damage or injury and causing as little inconvenience as possible to the surface of the said land or ground and to the crops thereon (reasonable compensation to be paid for damage done by the exercise of the liberties and privileges aforesaid); and subject to the use of ii) and his heirs and assigns for ever Covenant by i), to the intent to bind the lands coloured yellow and the owners and occupiers thereof for the time being (but not so as to bind himself personally except while actually owning or occupying the same) for his heirs and assigns, with ii), his heirs and assigns, not to do or suffer anything which may damage or injure the said spring or well and line(s) of pipes when so laid or interfere with the free flow and passage of water from and through the same; and not to do or permit any works or acts which will in any way interfere with the flow of water into the said well or spring or tend to contaminate the same Witness (to Original): L A Foache, Rook House, Potterne, Devizes, (Wiltshire), gentleman Witness to Duplicate: B A Tyrwhitt Drake of Great Gaddesden Rectory, Hemel Hempstead (Hertfordshire), gentleman Parchment plan in each Dorse of Original includes various memoranda: ink memorandum by J N Hope, a Commissioner for Oaths, that 'This is the parchment writing marked 'a' referred to in an affidavit of Rowland Williams sworn before me this 1st day of July 1904'; pencil memorandum (16 October 1917) that, the land coloured red on the plan having on the death of ii) passed to i), 'this deed was no longer operative and on the sale of the land to Mr Robert Addie on 1st October 1917 this deed was not abstracted or disclosed; and note ?re duplicate of the plan, ?1904
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