Conditions of Sale of Sour Ing or Swetton Bridge 1871
Transcribed by Sheila K Douglas
Conditions
For Sale by Auction by Mr. Francis Smtih at the “Manor House Inn in
Kirkby Malzeard in the County of York on Tuesday the 15th day of August
1871 of
A Valuable Estate situate in the Townships of Laverton and Kirkby Malzeard in the
Parish of Kirkby Malzeard in the West Riding of Yorkshire known as “The Sour Ing or Swetton Bridge Farm containing in the whole 100 acres or thereabouts and now in the Occupation of Mr Thomas Layfield as Tenant, in the five following Lots, viz
Lot One
Comprises a compact Estate situate on the North side of the Road leading from
Kirkby Malzeard to Carlsmoor containing altogether 32a 3r 9p or thereabouts
Lot Two
Consists of a compact Farm with Barn and Outbuildings and several closes of land containing altogether 23a 0r 36p or thereabouts situate on the South side of the road
leading from Kirkby Malzeard to Carlsmoor and opposite to Lot one
Lot Three
Several closes of land on the West side of Lot Two, containing altogether
19a 3r 10p or thereabouts
Lot Four
A Messuage or Farmhouse with Barn Stables Cowhouses and other outoffices yards
and garden and several closes of land containing altogether 19a 3r 32p or thereabouts
Lot Five
Two closes of land containing together 3a 1r 18p or thereabouts on the
opposite side of the Road to Lot Four
The whole of the premises are of Freehold tenure, except 1a 1r 23p of Lot 3 which
is Leasehold for a long term of years. The respective lots are sold subject to the Tithe
rent charge and Land Tax charged thereon, according to the apportionment hereinafter
mentioned and also subject to any free greve or Leasehold rent or other similar
outpayment payable thereout And to the respective tenant rights of the present
Occupiers – also subject to any rights of road or way or any other easements as
now affect the same and with such rights of road or way as are appurtenants or
belong thereto
The Tithe rent charge payable to the Vicar of Masham in respect of Lot one
should be apportioned at the yearly sum of £2. 10. 0 in respect of Lot 2 at £2. 0. 0.
in respect of Lot 3 at £1. 10. 0. in respect of Lot 4 at £1. 12. 0., and in respect of
Lot 5 at £0. 11. 0. Lot 5 is also subject to an Impropriate yearly rent of 6/0
and Lot 4 is subject to 6s/ Land Tax
The Timber and other Trees ???? pollards saplings and underwoods upon
every Lot have been valued on behalf of the Vendor and shall be paid for by the
purchasers separately at such prices as the Auctioneer shall name at the time of
the sale of each Lot and in addition to the purchase money to be bid for such Lot
but if the purchaser of any Lot shall decline to take the same at the price so to be
named, then the Vendor shall be at liberty and have full power to cut down or sell
the same to any other person and in such manner as he shall deem desirable.
In Addition the First – There shall be two biddings for the property, if put up,
altogether, or if put in Lots, then 2 Bidders for each Lot or no Sale, and the highest
bidder shall be the purchaser. If any dispute shall arise as to the last or best bidder
the property or lot in dispute shall be put up again at the last undisputed bidding.
Second – No person shall advance less at a bidding for each Lot than the sum
to be named by the Auctioneer, and in no case shall a bidding be retracted after it
has been made and taken by the Auctioneer, and the vendor reserves to himself
the right of bidding generally by his agent for each Lot and for the entire property
if put up altogether
Third – The purchaser of each Lot shall at the conclusion of the sale, if required, pay
down a deposit of Ten pounds per cent upon the amount and in part payment of his or
her purchase money to Messr’s Samuel Wise and Son the Agents of the Vendor and
shall also sign an Agreement to confirm these conditions and for payment of the
remainder of the purchase money together with the amount of the valuation of the
Timber, at the Office of Messr’s Samuel Wise and Son in the City of Ripon on the sixth
day of April next, and upon such payment being so made the purchaser or purchasers
shall enter into possession or otherwise into the receipt of the rents and profit of the
Lot or Lots bought by him, her or them on the said sixth day of April next up to which
time all taxes rates and assessments shall be paid and cleared off by the said Vendor,
and the said agreements respectively shall, if required, be stamped at the expense
of the person or persons requiring the same.
Fourth – the Vendor will prepare and deliver at his own expense to the Purchaser of
each Lot or his or her Solicitor within ten weeks from the day of the sale an abstract
of his Title to the property sold such Title commencing as to Lots 1, 2, 4 and 5 with
the Conveyances and assignment thereof to the Vendor’s late Father about 50 years
ago, and as to Lot 3 with the Conveyance thereof to the present Vendor in the year
1841 and the Vendor shall not be called upon to produce or shew any Title or
evidence of Title whatever anterior to the dates of the said Indentures respectively, nor
be compelled to shew any further Title to the said Leasehold portion of Lot one
or prove the Commencement of the Term for which it is held or the period which
now remains unexpired thereof further than is shewn by the assignment of the
term to the Vendor, by the said Indenture of the Eleventh day of November one
thousand eight hundred and forty one: and unless the abstract be returned to the
Vendor’s Solicitor’s Messer’s Samuel Wise and Son within twenty one days from the
delivery thereof with the purchasers objections and requisitions, if any, to the Title of
each Lot, such Title shall be considered as conclusively accepted, and if any such
objection or requisition be made within the time last aforesaid which the Vendor
may be unable or unwilling to comply with, it shall be the Vendor’s option either
to enforce a completion of the purchase or to rescind the contract for such Lot on
giving Notice of his intention to do so, and with or without tendering to the Purchaser
or his or her Solicitor at any time before the expiration of the period hereinbefore
mentioned for the completion of the purchase, the deposit money without Interest
or Expenses in full satisfaction of the claim of the purchaser and every objection or
requisition not made and communicated to the Vendor’s solicitors within the time
before mentioned shall be considered as waived, and in this respect time shall be
regarded as the essence of the contract, and the Purchaser of more than one Lot
shall not be entitled to more than one abstract – .
Fifth – Upon payment of the remainder of the purchase money according to the third
condition, the Vendor together with all other necessary parties, if any, shall and will
convey assign and assure the property sold to and at the expense of the purchaser
or Respective purchasers thereof or to whom he she or they may direct free from incumbrances Except the Tithe rents charge, Land Tax free Greve or Leasehold rent or other similar small Outpayment, – All conveyances, assignments and assurances of the property sold as well as all Conveyances assignments or Surrenders or
outstanding Estates terms and interests and all parochial and other certificates,
administrations, Affidavits, declarations, attested official or other copies or Extracts for Verification of the abstract or for Identity or Pedigree or for delivery, or for any
other purpose, and all covenants for the production of documents, to be at the expense of the respective purchasers who shall also be at the cost of comparing the abstract with the original documents whether in the possession of the Vendor or not, and such purchasers
are hereby required to leave their respective conveyances and
assignments for execution by the Vendor and all necessary parties at the offices of the
said Messr’s Wise and Son ten days at the least before the time appointed for the
completion of the purchase, -
Sixth – All recitals of deeds wills descents deaths of parties payments of money heirships intestacies and other facts in any abstracted deed or document twenty years old and upwards shall in the absence of evidence to the contrary be deemed conclusive proof of such facts, – And the Vendors shall not be required to register at Wakefield or to get stamped any deed or document 20 years or upwards.
Seventh – All Documents of Title, except Probates of Wills, in the Vendors possession relating to more than one Lot shall be delivered up to the purchaser of the largest of those Lots in case all of them are sold, but should any of those Lots not be sold then such Documents shall be returned by the Vendor, until the whole of are disposed of, – the purchaser of the largest Lot, or the Vendor, as the case may be entering into the usual Covenant for the safe custody and production of the said documents to and at the expense of the respective purchasers requiring the same, -
Eighth – In case the completion of the purchase of any Lot shall on any account be delayed beyond the said sixth day of April next, the Vendors shall be entitled to interest at Five pounds per centum per annum upon the balance of the purchase money from that time until the actual payment thereof notwithstanding that the purchase money may have been lying unemployed in the purchasers hands and he or she may have given Notice of the fact to the Vendor, -
Ninth – The respective quantities of land as stated in the foregoing particulars of
each Lot, shall be taken to be correct, but if any mistake be made in the description
of the premises, or if any other error whatever shall appear in the particulars thereof
such mistake or error shall not annul the sale, but a compensation or equivalent
shall be given or taken as the case may require, such compensation or equivalent to
be determined by two indifferent persons, one to be chosen by the Vendor and the other
by the Purchaser with power for such two persons to name an Umpire in case they
disagree whose decision shall be final. But neither party shall be at liberty to
avail himself herself or themselves of any such mistake or error or of this condition,
unless a Notice in writing specifying the particulars of such alleged mistake or error
shall be given to the other party or to his or their Solicitor within ten days from
the day of Sale.
Tenth – If the Purchaser of any Lot shall refuse or neglect to comply with these conditions
or any of them his or her deposit money shall be forfeited to the Vendor and shall be
recoverable as liquidated damages by Action of debt in the County Court or in any of
Her Majesty’s Courts of Record at Westminster, and the Vendor, shall be at liberty
and have full power to resell the premises by Public Sale or private Contract, and
and the loss of deficiency of any occasioned by such resale with all incidental charges
and expenses as well as loss of interest and consequential damages shall be made
good to the Vendor by the defaulter at this sale, but any increase in price to be
produced by such second sale, shall belong to and retained by the Vendor
Agreement referring to the foregoing Conditions of Sale
I William Richmond of Edge Nook in the Parish of Kirkby Malzeard in the
County of York, famer do declare myself the purchaser by private treaty of the
premises described in the before written in the particulars of Sale, as Lot Two
at the price of Five hundred and fifty Pounds subject to the annexed Conditions of
Sale so far as the same are applicable to a Sale by Private treaty which I agree to
fulfill in all respects And I the Reverend Robert Poole the said Vendor do agree to accept the said William Richmond as purchaser thereof and to confirm the same Conditions – Timber valued at £2. 7. 0
As witness our hands this twenty first day of September 1871
Purchase money £550
Deposit paid £50
Balance £500
William Richmond
21st September 1871