THIS INDENTURE is made the twenty seventh day of March, One thousand eight hundred and eighty eight

 

BETWEEN Joseph Alfred Bradney of Talycoed Court in the County of Monmouth Esquire (hereinafter called the Vendor) of the one part and The Bridgwater Railway Company incorporated by the Bridgwater Railway Act 1882 in which the Lands Clauses Consolidation Act 1845 and the Railways Clauses Consolidation Act 1845 was respectively incorporated (hereinafter called “the Company”) of the other part

 

WHEREAS by his last Will in writing dated the twenty seventh day of September One thousand eight hundred and sixty five the Reverend Joseph Christopher Bradney of Clifton in the City and County of Bristol Clerk in Holy Orders after giving and  bequeathing to his wife Sarah Decima Bradney an annuity of One thousand two hundred pounds during her life such annuity to be received by her in lieu and satisfaction of all dower and thirds which she might be entitled to as his widow give and devise all his manors messuages farms lands tenements and hereditaments situate in the several Counties of Somerset Wilts and Monmouth and all over real estate of or to which he should be seized or entitled to or over which have power of disposition by Will at the time of his death unto Trustees herein named and their heirs to the use of his eldest son the Vendor his heirs and assigns with remainders over in case of the death of the Vendor under the age of twenty one years

 

AND whereas the said Joseph Christopher Bradney died on the Nineteenth day of February One thousand eight hundred and sixty eight seized of the hereditaments hereinafter described and expressed to be hereby granted and his said Will was duly proved in the District Registry of Her Majesty's High Court of Probate on the Twenty third day of April One thousand eight hundred and sixty eight

 

AND whereas the Company having occasion to take and use for the purposes of their Railway and Works authorized by the said Bridgwater Railway Act 1882 and the Bridgwater Railway Act 1886 the said hereditaments hereinafter described and expressed to be hereby granted have contracted with the Vendor who attained the age of twenty one years on the Eleventh day of January One thousand eight hundred and eighty for the absolute purchase of the same for the sum of Two hundred and twenty pounds which said sum it was agreed should be in full as well for the purchase of the said hereditaments as for all timber and other trees thereon and all mines and minerals thereunder and should include all satisfaction and compensation for all permanent or other damage loss or inconvenience occasioned by severing the said hereditaments expressed to be hereby granted from other hereditaments of the Vendor in exercise of the Company's powers and should be in full satisfaction of all communications gates bridges culverts drains watering places ways passages works and things either over under or across the Railway authorized by the said Acts which might otherwise be required for the better enjoyment protection or accommodation of the remainder of the property of the Vendor excepting only after by the Company covenanted to be by them provided

 

NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the said sum of Two hundred and twenty pounds now paid by the Company to the Vendor (the receipt whereof he hereby acknowledges) and of the Covenants by the Company hereinafter contained HE the Vendor as beneficial owner DOTH hereby grant unto the Company their successors and assigns

 

ALL THOSE five pieces or parcels of land situated and being in the Parish of Bawdrip in the said County of Somerset containing together by admeasurement One acre one rood and nineteen perches and respectively forming portions of the several closes of land delineated in the Parliamentary Plan for the said Railway deposited with the Clerk of the Peace for the said County of Somerset and described in the Book of Reference thereto and thereon distinguished by the respective numbers 5, 18, 42, 70 and 87 as such numbers relate to the said Parish of Bawdrip and which said pieces or parcels of land expressed to be hereby granted are more fully particularized in the Schedule hereunder written and also delineated on the plan drawn on the margin of this Indenture and are thereon coloured red TOGETHER WITH all mines and minerals thereunder and all timber and other trees thereon and all tenant right tillages and acts of husbandry thereto appertaining

 

TO HOLD the said pieces or parcels of land and hereditaments and premises unto and to the use of the Company their successors and assigns in fee simple freed and discharged from all land tax and all charges in lieu of Land Tax and also freed and discharged from all right of the Vendor his heirs and assigns to pre-emptions in the event of the said hereditaments or any part thereof becoming superfluous lands within the meaning of the said Land Clauses Consolidation Act 1845 or any statutory modification thereof

 

AND IT IS HEREBY AGREED AND DECLARED by and between the parties hereto that these presents are intended to operate and take effect as a Conveyance of the pieces or parcels of land and hereditments expressed to be hereby granted made as near to the form in Schedule A of the said Lands Clauses Consolidation Act 1845 as the circumstances of the case will admit and also in every other way in which the same may operate and take effect independently of the last mentioned Act AND the Company do hereby for themselves their successors and assigns COVENANT with the Vendor his heirs and assigns that they the Company their successors and assigns shall and will within a reasonable time of their entering into possession of the piece or parcel of land expressed to be hereby granted forming a portion of the close of land numbered 70 on the said Plans dig and construct a proper Pond or drinking place for cattle in the portion of the said field cut off from the present Pond or drinking place

 

AND ALSO will construct a level crossing over the said Railway to give access to the SEVERED portions of the field over and across the said Railway together with proper gates and appliances and will for ever thereafter keep and maintain the said level crossing gates and appliances in proper order and condition

 

AND FURTHER that they the Company their successors and assigns shall and will within a reasonable time of their entering into possession of the piece or parcel of land expressed to be hereby granted forming a portion of the close of land numbered 18 on the said Plans provide a right of way for the Vendor his heirs and assigns and his and their Servants Agents and Workmen to pass over and along the road or drove delineated upon the said Plan and thereon distinquished by the Number 40 to give access from the main road coming from Bridgwater to Bath to the severed portions of the said last mentioned Close and will provide and fix a proper gate and posts leading into the said drove from the portion of the land numbered 18 so severed as aforesaid

 

AND the Vendor for himself his heirs and assigns COVENANTS with the Company their successors and assigns that he the Vendor his heirs and assigns will duly pay and discharge or cause to be paid and discharged the said Annuity of One thousand two hundred pounds payable to the said Sarah Decima Bradney and will indemnify and keep indemnified the Company from any payments in respect of the said Annuity now due or hereinafter to become due or any part or parts thereof and acknowledges the right of the Company their successors and assigns to production of the Deeds and all muniments of title held by the Vendor and relating to the prior title of the said hereditaments expressed to be hereby granted and to delivery of copies thereof and hereby undertake for the safe custody thereof

 

IN WITNESS whereof the Vendor hath hereto set his hand and seal and the Company have caused their Common Seal to be affixed the day and year first above written

 

THE SCHEDULE above referred to

No. on Parliamentary Plan                       No. on Title Plan      Description               Quantity

                                                                                                                                 A   r   p

            5                                                         82                   Brook                         0   0   3

            18                                                      104                                                         1  11

            42                                                      124                 Garden                           1   7

            70                                                      312                 Little Marsh               0   0   38

            87                                                      375                 Causeway                0   3   0

                                                                                                                      Total    1   1   19

 

 

SIGNED sealed and delivered by the within named Joseph Alfred Bradney in the presence of

 

Thomas Davies

Butler

Tal-y-coed Court

Near Monmouth

 

 

 

 

Back page - DATED 27th March 1882

 

Joseph Alfred Bradney Esq. To The Bridgwater Railway Company

 

CONVEYANCE of pieces of land at Bawdrip in the County of Somerset

 

 

Two stamps indicating stamp duty paid of £1.2.6

 

 

In the margin – Examined against original in my possession Euan? Evan? Harding

Melbury House Melbury Terrace London NW1 2nd March 1972

 

…....made between the Bridgwater

…..............Reginald Tomkins..

….. of land in the Parish of Bawdrip (being

…........ delineated on the within drawn

….......coloured pink and ….............. was conveyed unto

…............. Reginald Tomkins in fee simple and the Company

…........ right of the said Mr. R. Tomkins to production

of the within (written?) Indenture and (undertook?) in safe custody thereof