SLATER. HENRY. MORTGAGE. 26/07/1856

[Stanley]

SLATER. HENRY. MORTGAGE. 26/07/1856

Transcribed by Stanley Challenger Graham from an original document in the possession of Eileen Holmes and lent to him for research. It is on imitation parchment, handwritten and in good condition. It is a mortgage connected with the purchase of part of Monk House Gardens]

Title cover.
Dated 26th July 1856.

Mr Henry Slater to the Trustees of the Skipton and District permanent benefit Building Society.

MORTGAGE of a plot of land being part of a garden called Monk House Garden situate in Barnoldswick in the County of York with the buildings erected thereon for securing the repayment of two shares advanced by the Society.

Paget, Skipton. [Solicitors]


This indenture
Made the twenty sixth day of July one thousand eight hundred and fifty six BETWEEN Henry Slater of Barnoldswick in the county of York shopkeeper of the one part and Sir Robert Tempest of Broughton Hall in the said county of York Baronet, Matthew Wilson of Eshton Hall in the said county of York Esquire, William Stockdale of Skipton in the said county of York grocer and Forster Horner of the same place lead merchant (Trustees of the Skipton and district permanent benefit Building Society) of the other part, which said Sir Charles Robert Tempest, Matthew Wilson, William Stockdale and Forster Horner are hereinafter referred to as the parties hereto of the second part.

WHEREAS the said Henry Slater is a member of the Skipton and district permanent benefit Building Society established in Skipton aforesaid pursuant to an Act of Parliament passed in the seventh year of the reign of his late majesty King William the fourth (1836/37) instituted an Act for the regulation of Benefit Building Societies and the said parties hereto of the second part are duly appointed trustees of the said society.

AND WHEREAS the said Henry Slater is, according to the rules of the said society entitled to receive out of the fund thereof one hundred and thirty one pounds four shillings and eightpence in respect of two shares of or to which he is possessed or entitled in the said society and he being in want of such sum hath applied to and requested the said trustees to lend him the sum which they have agreed to do upon having such security upon the hereditaments and premises hereinafter described made to them as is hereinafter contained.

NOW THIS INDENTURE WITNESSETH that in consideration of the sum of one hundred and thirty one pounds four shillings and eightpence of lawful British Money to the said Henry Slater paid by the said parties hereunto of the second part (as such trustees as aforesaid) on the execution of these presents the receipt whereof he the said Henry Slater doth hereby acknowledge and of the same and every part thing thereof doth acquit, release and discharge the said parties hereto of the second part their heirs executors administrators and assigns and the trustees of the said society for the time being of these presents grant and convey unto the said parties hereto of the second part their heirs and assigns ALL that plot piece or parcel of land being part of a garden called Monks House Garden situate in Barnoldswick aforesaid and bounded on the south side by the premises of William Foxcroft and by a road to be held in common by George Wellock, William Foxcroft and the said Henry Slater in length twelve yards and one half of a yard and on the east side by an intended street to be five yards wide and including a three foot causeway in length nine yards and one half of a yard and on the north side by a private road the property of Mrs Ann Dean or her trustees in length twelve yards and one half of a yard. And on the west side by an intended woodyard the property of Mrs Ann Dean or her trustees in length nine yards and one half of a yard, containing by admeasurement one hundred and eighteen superficial square yards and three quarters of a square yard. Also all those two cottages or dwelling houses erected thereon now in the occupation of John Dugdale and Thomas Wilson. TOGETHER with all and singular houses outhouses edifices ways waters watercourses ditches drains walls fences rights easements privileges and appurtenances to the said hereditaments and premises hereby granted and conveyed belonging or appertaining. And all the estate right title interest property claim and demand whatsoever both legal and equitable of him the said Henry Slater of in to or out of the same hereditaments and premises and every or any part thereof with the appurtenances and also all deeds evidences and writings relating to the title thereof in the custody of the said Henry Slater or which he can obtain without suit.

TO HAVE AND TO HOLD all and singular the said hereditaments and premises hereby granted and conveyed with the appurtenances unto the said parties hereto of the second part their heirs and assigns to hold and enjoy the said hereditaments and premises hereby granted and conveyed with the appurtenances unto the parties hereto of the second part their heirs and assigns TO THE USE of them the said parties of the second part their heirs and assigns for ever.

UPON THE TRUSTS and for the ends intents and purposes following that is to say UPON TRUST until the said Henry Slater his heirs executors administrators or assigns shall fail neglect or refuse for four monthly meetings to pay observe or perform all or any of the subscriptions payments or regulations on his or their part to be paid observed and performed to permit the said Henry Slater his heirs and assigns to hold and enjoy the said hereditaments and premises hereby granted and conveyed and receive the rents and profits thereof for his and their own use and benefit, but in case and when and so often as default shall be made in such subscriptions or payments or in the observation or performance of the said regulations for the period aforesaid then UPON TRUST at the request of the committee for the time being of the said society to enter into possession and receive the rents and profits of the same hereditaments and premises or any of them and in case the same rents and profits shall be insufficient to satisfy the purposes of the said society as respects the said shares of the said Henry Slater then by the direction of the said committee but without the necessity of the concurrence or consent of the said Henry Slater his heirs and assigns absolutely to sell and dispose of the said hereditaments and premises or any part thereof by public auction but in case the sale or sales thereof cannot be effected by public auction then by private contract for the most money that can be gotten for the same with liberty to buy in and resell the same in manner aforesaid without being responsible for any loss which shall be accessioned by such resale and to convey the same unto the purchaser or purchasers thereof or as he she or they shall direct or appoint and out of the rents or profits of the said hereditaments and premises and the proceeds of such sale or sales in the first place to return to themselves the said trustees and the said society all the costs charges and expenses incidental to the receiving and collection of the said rents and to such sale or sales and to the perfecting of the title to the same hereditaments and premises or otherwise relating to the trusts herein contained and also the premiums of insurance of the buildings and in the next place to retain unto themselves the said trustees in trust for the said society all sums of money which shall be then due owing or payable or which may thereafter become due owing or payable from or by the said Henry Slater his heirs executors administrators or assigns in respect of all or any of the shares or parts of a share which he now has or may hereafter have in the said society by virtue of the articles rules and regulations aforesaid or otherwise howsoever.

AND IT IS HEREBY AGREED AND DECLARED by and between the said parties hereto that such entering into possession receipt and collection of rents sale or sales and receipt and applications of the said trust monies as respectively aforesaid shall be subject to the rules of the said society and also that in case such sale or sales as aforesaid shall take place all the monies which at any time afterwards would have become due according to the then subsisting rules of the said society shall be considered as then due and the same or so much thereof as can or may be lawfully demanded shall be fully deducted and paid out of the monies received by virtue of the aforementioned trusts. AND FURTHER that the said trustees shall and do stand possessed of the clear residue (if any) of the said trust money UPON TRUST to pay the same unto the said Henry Slater his heirs executors administrators or assigns according to his or their respective equitable rights and titles thereto and according to the rules of the said society and shall and do after satisfaction of all monies intended to be hereby secured stand seized of all such part (if any) of the said hereditaments and premises as shall not have been sold under the said power of sale UPON TRUST to reconvey the same to the said Henry Slater his heirs or assigns as he or they shall direct.

AND IT IS HEREBY FURTHER DECLARED that every receipt of the trustees for the time being acting in execution of the aforesaid trusts shall be a sufficient discharge for all monies payable by virtue of these presents and that the person to whom such receipt or receipts shall be given his her or their heirs executors administrators or assigns shall not be obliged to see to the application of such monies nor bbe answerable for any misapplication or non application nor be required to be under the necessity of enquiring into the propriety of any such sale or sales as aforesaid nor whether any such default or deficiency as aforesaid has happened or taken place.

And the said Henry Slater doth hereby for himself his heirs executors administrators and assigns covenant promise declare and agree with and to the said parties hereto of the second part their heirs executors administrators and assigns and the trustees for the time being of the said society in manner following that is to say, that he the said Henry Slater his heirs executors administrators or assigns shall and will at all times hereafter well and truly make the several payments and observe and perform the present and all future prescribed rules and regulations for the time being of the said society which on the part of him the said Henry Slater his heirs executors administrators or assigns ought to be made observed and performed. And also he the said Henry Slater now hath in himself good right and full power to grant and convey by these presents to the said parties hereto of the second part the said hereditaments and premises hereby granted and conveyed or intended to be with their appurtenances in manner hereinbefore contained and according to the true intent and meaning of these presents.

AND FURTHER that the said hereditaments and premises with their appurtenances shall or lawfully may at all times hereafter be peaceably and quietly held and enjoyed and the rents and profits thereby received and taken accordingly by the trustees for the time being of the said society for the purposes thereof without any interruption claim or demand whatsoever from or by him the said Henry Slater or his heirs or any other person or persons whomsoever. And that free and clear or by him the said Henry Slater his heirs executors administrators or assigns effectually kept indemnified from or against all former and other estates rights charges and encumbrances whatsoever.

AND MOREOVER that he the said Henry Slater his heirs and all persons claiming or to claim any estate right or interest in or to the said hereditaments and premises hereby granted and conveyed or any part thereof shall and will at all times hereafter upon every reasonable request of the said parties hereto of the second part their heirs or assigns or other the trustees or trustee for the time being of the said society but at the cost of the said trust premises until such sale shall be made as aforesaid and afterwards at the costs of the purchaser or purchasers of the said hereditaments and premises his her or their assigns execute and perfect all such further lawful and reasonable assurances in the law for more effectually or satisfactorily assuring or confirming the same hereditaments and premises or any part thereof unto and to the use of the said parties hereto of the second part their heirs and assigns or other the trustees for the time being of the said society in manner and for the purpose aforesaid until such sale as aforesaid his her or their heirs and assigns or otherwise as he or they shall direct as by him or them respectively or his or their respective Counsel or solicitor shall be required or advised.

AND LASTLY the said Henry Slater his heirs executors or administrators shall and will forthwith insure in the Phoenix Fire Assurance Office against loss or damage by fire all the buildings hereby granted and conveyed in the sum of one hundred and thirty pounds at the least and keep the same so insured during the continuance of this security and that if he the said Henry Slater his heirs executors or administrators shall make default in effecting or keeping in force such insurance then it shall be lawful for the said parties hereto of the second part or the trustees for the time being of the said society to insure the said buildings in manner aforesaid and that the policy of every such insurance and all benefit to arise therefrom shall be received by the said parties hereto of the second part or the said trustees for the time being of the said society for better securing the payment of the said monies hereby secured or intended so to be and the said Henry Slater doth hereby appoint the said parties hereto of the second part or the said trustees for the time being of the said society the true and lawful attornies irrevocable of him the said Henry Slater his executors and administrators for the purposes aforesaid.

IN WITNESS WHEREOF the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Signed Henry Slater.

Signed sealed and delivered by the within named Henry Slater in the presence of :
(sworn) William Sagar
George H Cragg, Clerk to Mr Paget of Skipton.

First receipt.
Received the day and date first written within of and from the within named Sir Charles Robert Tempest, Matthew Wilson, William Stockdale and Forster Horner the sum of one hundred and thirty one pounds four shillings and eight pence being the full consideration money within mentioned to be paid by them to me. Signed Henry Slater, witnessed by G H Cragg.

Second receipt.
We the undersigned being the trustees for the time being of the within mentioned permanent Benefit Building Society do hereby acknowledge to have received of and from the within named Henry Slater all subscriptions fines forfeitures and monies intended to be secured by the within written deeds. As witness our hands the fifteenth day of April one thousand eight hundred and seventy one.

Signed by:
R H Sidgwick.
J B Dewhurst
Geo. Robinson

Witness to Robert Hodgson Sidgwick and George Robinson is Richard Wilson. Witness to John Bonny Dewhurst is Jill Brown.

Rubber stamp
A memorial was registered at Wakefield the twenty ninth of August 1856 at five in the afternoon in book TL, Page 275, number 329.
Illegible signature.

Further indenture of 26/01/1864 inscribed on the outer cover of the original indenture.

THIS INDENTURE made the twenty sixth day of January one thousand eight hundred and sixty four between the within named Henry Slater of the one part and the within named Henry Alcock , Robert Hodgson Sidgwick, John Bonny Dewhurst and George Robinson of the other part.

WHEREAS the said Henry Slater in addition to the within mentioned two shares and three fifths of a share is possessed of one fifth of another share in the said society in respect of which he is entitled to receive out of the funds of the said society the further sum of thirteen pounds two shillings and five pence and having occasion for such sum he hath requested the said trustees to advance him the same which they have agreed to do upon having such a security for the same as is hereinafter contained.

NOW THEREFORE THIS INDENTURE WITNESSETH that for effectuating the said agreement and in consideration of the sum of thirteen pounds two shillings and five pence this day lent and paid by the said trustees out of the funds of the said society to the said Henry Slater as he doth hereby acknowledge he, the said Henry Slater doth by these presents covenant with the said trustees their executors administrators and assigns that all and singular the within mentioned hereditaments and premises shall henceforth be a security for and be charged and chargeable with not only the several subscriptions and payments becoming due and payable in respect of the said two shares and three fifths of a share in respect of which advances have been made on the within recited and written indentures but also the several subscriptions and payments to become payable in respect of the said one fifth of a share these presents intended to be secured.

AND FURTHER that he the said Henry Slater his executors and administrators will well and truly make the several payments becoming due in consequence of and observe and perform the present and all prescribed rules and regulations of the said society which do or shall bear upon the said advance in respect of the said one fifth of a share which has this day been made as fully and effectually as if the said one fifth of a share had been mentioned and comprised in the within recited and within written indenture. AND it is hereby expressly declared and agreed that the (?) powers and authorities contained in the within recited and within written indentures or either of them for raising and paying the subscriptions and payments in respect of the said one fifth of a share now advanced and hereby intended to be secured as the said two shares and three fifths of a share secured by the said within recited and within written indentures in the same manner as if the said one fifth of a share had together with the said two shares and three fifths of a share been originally included therein.

IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed sealed and delivered by the said Henry Slater in the presence of George Kendall.

Receipt.
Received the day and year first above written of and from the said trustees the sum of Thirteen pounds two shillings and five pence. Being the consideration money expressed to be paid by them to me. As witness my hand: Henry Slater. Witnessed by George Kendall.

Transcribed SCG/18 February 2004