CARLSMOOR. Indenture: Leonard P. Burrill. 1911
THIS INDENTURE made the first day of September 1911 BETWEEN
LEONARD PETER BURRILL of Carlsmoor near Kirkby Malzeard in the
West Riding of the County of York, Farmer (hereinafter called the Borrower)
of the one part and MARTHA ANN RICHMOND PICKERSGILL of Fairfield,
Kirkby Malzeard aforesaid, Widow, and MARY RICHMOND PEARSON of
the same address, Spinster (hereinafter called the Mortgagees) of the other part
WHEREAS the Borrower is seised in fee simple in possession free from
incumbrances of the freehold hereditaments hereinafter firstly described and he
is also possessed of the leasehold hereditaments hereinafter secondly described
for the residue or remainder of a certain term of 1500 years created on or about
the 20th day of July in the 38th year of the reign of her late Majesty
Queen Elizabeth or for some other long term or terms of years
AND WHEREAS the Mortgagees have agreed to advance to the Borrower the
sum of £300 (out of money belonging to them on a joint account) upon having
the repayment thereof with interest as hereinafter mentioned secured in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH and it is hereby agreed as follows,
(that is to say): In pursuance of the said agreement and in consideration of the
sum of £300 now paid by the Mortgagees to the Borrower (the receipt of which
sum the Borrower hereby acknowledges) The Borrower hereby covenants with
the Mortgagees to pay to them on the 6th day of January next the sum of £300
with interest from the 7th day of July last at the rate of £4 per centum per annum
AND ALSO so long as any principal money remains due under these presents
after the said 6th day of January next to pay to the Mortgagees interest thereon
at the rate aforesaid by equal half yearly payments on the 6th day of January
and the 7th day of July and every year And for the consideration aforesaid the Borrower as beneficial owner hereby conveys unto the Mortgagees first
ALL that allotment or parcel of land called Newland allotment containing twelve
acres or thereabouts situate in the Township of Kirkby Malzeard aforesaid bounded
on or towards the North by the highway leading from Kirkby Malzeard to Nidderdale
on or towards the south by the Beck called “Stock Beck” on or towards the east by property belonging to the Stores Family and on or towards the west by other
property of the Purchaser and which said allotment is now or was late in the occupation of Fred Batty as tenant thereof Together with the appurtenances
To hold unto the use of the Mortgagees in fee simple And secondly the Borrower
as beneficial owner hereby assigns unto the Mortgagees ALL that messuage or dwellinghouse together with the garden and outbuildings thereunto belonging
AND ALSO ALL those several closes or parcels of meadow and pasture land
occupied therewith containing together 16 acres 1? rood and 17 perches be the
same more or less also one undivided moiety or half part of and in a certain
stinted pasture at Carlsmoor called “Carlsmoor Stinted Pasture”
All which said premises are situate lying and being at Carlsmoor in the Parish
of Kirkby Malzeard aforesaid or within the precincts or territories thereof and are
now or were late in the occupation of the said Fred Batty as tenant thereof and
which said premises are bounded except as to the said stinted pasture on or
towards the North and in part on the West and North West by an open moor or common called Carlsmoor and in other part on the West by land owned by the
Leeds Corporation and on or towards the South and East by property belonging
to the said Leeds Corporation and are more particularly delineated on a map or
plan drawn on an Indenture of Conveyance dated the ——- day of ————— 1911
and made between the Mortgagees of the one part and the Borrower of the other
part, together with the appurtenances
TO HOLD unto the Mortgagees for the residue of the term granted by the said
Lease at the rent and subject to the lessees covenants and the conditions by and
in the said Lease reserved and contained, but subject to the proviso for
redemption hereinafter contained PROVIDED ALWAYS that on payment on
the 6 day of January next by the Borrower or the persons deriving title under him
to the Mortgagees or to the persons deriving title under them of the sum of £300
with interest from the date hereof at the rate aforesaid the premises hereinbefore
conveyed and assigned shall at the request and cost of the Borrower or the
persons deriving title under him be duly reconveyed and reassigned to him or
them And the Borrower hereby covenants with the Mortgagees and with each of
them that so long as any money remains due under these presents the Borrower
or the persons deriving title under him will insure and keep insured all buildings
upon the premises hereby conveyed and assigned against loss or damage by fire
in at least the sum of £——- and will pay every sum from time to time payable for keeping on foot every such insurance within seven days after the first day on
which it becomes payable and will forthwith deliver (or will from time to time when required produce) to the Mortgagees the policy or policies of Insurance and also
when required delivered to them the receipt or receipts for every sum payable as
aforesaid And the Borrower hereby further covenants with the Mortgagees that
the Borrower or the persons deriving title under him will henceforth from time to
time duly pay all the rent becoming due under the recited Lease and observe and perform all the covenants and conditions therein contained and henceforth on the
part of the Lessee to be observed and performed And also will at all times hereafter save harmless and keep indemnified the Mortgagees and their respective estates
and effects from and against all proceedings costs claims and expenses on
account of any omission to pay the said rent or any breach of any of the said covenants and conditions
AND the Borrower hereby also covenants with the Mortgagees and with each
of them that so long as any money remains owing under these presents the
Borrower or the persons deriving title under him will discharge all duties on Land Values which may be payable under the Finance (1909-10) Act 1910 or the rules thereunder or under any statutory modification or amendment thereof in respect
of the premises hereby conveyed and assigned and whether the Mortgagees or
the persons deriving title under them shall be in possession thereof or not and
will save harmless and keep indemnified the Mortgagees and the persons deriving
title under them and their respective estates and effects from and against all proceeding costs claims and expenses on account of any omission to pay the said duties or any of them.
IN WITNESS whereof the said parties to these presents have hereunto set
their hands and seals the day and year first hereinbefore written.
Signed sealed and delivered by the said } LEONARD PETER BURRILL
Leonard Peter Burrill in the presence of }
Charles F. P. Edmundson,
Masham and Ripon, Solicitors
Transcribed by Sheila K Douglas from the
Making of Mashamshire’s Edmundson and Gowland papers