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