Past and Present

    by Janet McNeilly  © 2002

Information displayed by permission of Durham Record Office and Mr J Hanby Holmes

Transcribed exactly as on the original lease.

                    Lease of Land by Edmund Hoggett

This Indenture made the Fifth day of December one thousand eight hundred and seventy Between The Reverend Thomas Witham of Lartington Hall in the North Riding of the County of York, Clerk (who is hereinafter referred to as " the said Lessor" whenever the same expression is hereinafter used and which said expression shall also be construed to include the assigns of the said Thomas Witham and also the person or persons for the time being beneficially entitled to the Messuage? hereditaments and premises herby demised under the Will of Henry Witham Esquire herinafter recited  after the death of the said Thomas Witham unless the context shall exclude such expression) of the one part and Edmund Hoggett  of the Rigg in the Township of Lartington and parish of Romaldkirk in the said North Riding of Yorkshire, Farmer ( who is hereinafter referred to as " the said Lesee" whenever the same expression is hereafter used, and which expression shall also be construed to include the executors administrators and permitted assigns of the said Edmund Hoggett unless the context shall exclude such construction ) of the other part. Whereas Henry Witham late of Lartington Hall aforesaid Esquire by his last Will and Testament in writing dated on or about the thirtieth day of November one thousand eight hundred and forty two duly executed and attested gave and devised all his real Estates with their appurtenances unto Edward Riddell and William Henry Charlton, therein described their heirs and assigns. Upon and for the trusts therein expressed and declared concerning the same. to the use of the said Testator's son George Witham (since deceased) and his assigns for the term of his natural life without impeachment of waste, remainder to the use of his issue, remainder to the use of the said Testator's Son the said Thomas Witham and his assigns for and during the term of his natural life without impeachment of waste with divers remainders over the ultimate remainder to the said Testator's own right heirs. And the said Testator thereby declared that it should be lawful for every person who by virtue of his said Will  should be tenant for life in profession of any of the said hereditaments and who should have attained the age of twenty one years by any Deed or Instrument in writing to be sealed and delivered by him and attested by one or more witness or witnesses to appoint the said Estates and the mines, minerals and quarries within and under the same respectively to any persons by way of lease for any term of years not exceeding thirty one years to be compected? from the making thereof at the best yearly rent that could be reasonably gotten  for the same, without taking any fine or forgift for the making thereof but so that there should be contained therein a condition of severity for nonpayment of the rent thereby to be reserved, and so that the Lesee execute a counterpart therof and thereby covenant for the payment of the rent . And whereas the said Testator died on or about the twenty eighth day of November one thousand eight hundred and forty four without having revoked or altered his said Will which was duly proved in the prerogative Court of York on the Thirtieth day of July one thousand eight hundred and forty five by the said George Witham one of the Executors therein appointed. And whereas the said  George Witham died on or about the Eighth day of September one thousand eight hundred and forty seven a Bachelor whereupon the said Thomas Witham became and is now seised as Tenant for life in possession of the said hereditaments and premises. And whereas the said Thomas Witham  hath attained the age of twenty one years and whereas the said Thomas Witham in consideration of the rent covenant clauses and agreements herein reserved and contained and on the part of the said Edmund Hoggett his executors administrators and assigns to be paid done and performed hath agreed to grant to him a Lease of the several messuages lands and hereditaments and premises hereinafter mentioned for the term of the rent and subject to the conditions stipulations and reservations hereinafter contained and reserved. Now this Indenture witnesseth that in consideration of the yearly and other rents hereinafter reserved , and of the covenants and agreements hereinafter contained and on the part of the said Lessee  to be paid observed and performed, He the said Thomas Witham in exercise and execution of the power limited to him by the said Will and of every other power or authority enabling him in this behalf Doth by this Deed sealed and delivered by him in the presence of the credible persons whose names are intended to be hereupon endorsed as Witnesses attesting such sealing and delivery thereof by him appoint demise and lease unto the said Edmund Hoggett his executors administrators  and assigns All that messuage or Dwellinghouse called the Rigg in the said Township of Lartington and also all those closes pieces on parcels of land adjoining to such messuage - situate in the said Township of Lartington  and now forming the Rigg Farm containing Two hundred and Sixty acres be the same more or less, and the same are more particularly set forth in the Schedule hereunder written. Together with all and singular houses outhouses barn stables outbuildings ways paths passages waters watercourses conveniences, advantages and appentenances whatsoever to the said Farm lands and premises or any part or parts thereof respectively belonging or in anywise appertaining or usually held  or enjoyed therewith (which said Messuages buildings Farm lands and premises are now in the occupation of the said Edmund Hoggett as Tenant thereof) saving excepting and always reserving out of this present appointment and demise unto the said Lessor all and all manner of timber and other trees wood and underwood whatsoever which now are or at anytime or times hereafter during the said term hereby granted shall be standing growing or being in or upon the several lands grounds and premises hereby appointed and demised or intended so to be or any of them or any part therof. And also all mines seams veins and beds of coal lead ironstone and all other mines and minerals whatsoever fire and other clay claypits and all quarries of stone whatsoever within under or upon the said hereby demised premises or any part thereof with full and free liberty of access ingress egress and regress to and for the said Lessor his and their Agent Lessees Servants and Workmen and all and every other person and persons by his or their appointment or permission from time to time and at all times during the term hereby granted with Horses Carts and Carriages or without into through over and along all or any part of the Lands and premises hereby demised to fell cut down root up and sow all or any of the Timber or other Trees Wood and Underwood aforesaid. And to dig try search for win and work the said Mines Seams Veins and beds of Coal lead ironstone and other mines and Minerals Fire or other clay clay pits and all quarries of Stone whatsoever and to have take, lead and carry away all and every or any of such timber and other Trees, Wood and Underwoods and all and every or any of the produce of the said Mines and Minerals, pits and quarries and to make any Waggon, rail, tram or other ways roads Work or Works for the purposes aforesaid or for any other purpose whatsoever. And also to do all other acts or works whatsoever necessary for the purposes aforesaid or any of them, making reasonable recompence or satisfaction to the said Lessee for the damage which shall be sustained by him or them hereby, such damage in case of dispute between between the parties to be settled by Arbitration in manner hereinafter mentioned. And also saving excepting and reserving unto the said Lessor at all times during the term hereby granted all Game, hares, Conies, Woodcocks, Snipes or Landrails in or upon the said demised premises and all and every part thereof with full and free liberty for him and them and his and their Friends, Gamekeepers and all and every other person or persons by his or their appointment or permission to hunt, shoot course fowl and sport in, upon or over the said hereby demised premises and every and any part thereof. And also all rights of Fishing in the Rivers and Streams passing through the said demised premises or any part thereof. And also saving, excepting and reserving (as aforesaid) the right to plant any part of the hereby demised lands and premises or to make such other improvements or works thereon as he or they may desire, he or they paying to the said Lessee the annual value of the Land taken for all or any of such purposes such annual value to be settled ( if not previously agreed upon) by Arbitration as hereinafter mentioned. And also liberty for the said Lessor and his or their agents, servants and workmen from time to time  and at all times during the term hereby granted to enter into and upon all or any part of the said demised premises in order to view, search into and see the state and condition thereof.  To have and to hold the said Messuages, Farms, Lands, Allotments and premises hereby demised (except as hereinafter is excepted) unto the said Lessee from the thirteenth day of May one thousand eight hundred and seventy for and during and unto the full end and term of Twenty one years thence next ensuing Yielding and Paying  therefor yearly and every year during the said term unto the said Lessor the rent or sum of One hundred and eighty one pounds Sterling, free and clear of and from all taxes, rates, assesments and deductions whatsoever parliamentary, parochial or otherwise (except tithes or rent charges in lieu of tithes and Lanlord's property Tax) by equal half yearly payments on the Eleventh day of October and the Sixth day of April in each year, the first half yearly payment having been payable on the Eleventh day of October one thousand eight hundred and seventy. And also yielding and paying therfore yearly and every year unto the said Lessor over and above the said yearly rent hereinbefore reserved the additional yearly rent or Sum of twenty pounds Sterling at the times and in manner aforesaid for each and every acre (and in that proportion for every quantity less than acre) of meadow or pasture ground hereby demised which the said Lessee shall plough, break up or convert into tillage contrary to the covenant in that behalf hereinafter contained without the consent in writing of the said Lessor being first had and obtained. And also  the like additional rent of Twenty pounds for each and every acre (and in that proportion for every quantity less than acre) for any land hereby demised which shall without such previous consent as aforesaid be cultivated and managed contrary to the stipulation and covenant hereinafter contained. And also  the additional rent of Ten pounds for every ton (and in that proportion for every quantity less than a ton ) of all hay, straw, clover or Green Fodder sold or carried off the lands and premises hereby demised or any part thereof. The first payment of such additional rents or reservations to be made on the first of the aforesaid days of payment of rent which shall next happen after any such ploughing, breaking up or conversion into tillage, alterations in state of cultivation or sale as aforesaid shall have occurred. Provided always  that in case the rent or rents hereinafter reserved shall be in arrear or unpaid in the whole or in part by the space of twenty eight days next after the day or respective days whereon the same ought to be paid according to the reservations hereinbefore made or in case the said Lessee shall not faithfully observe and perform all and singular the covenants herein  contained on his or their part to be observed and performed or shall without the previous consent in writing of the said Lessor assign, transfer, underlet or otherwise dispose of all or any part of the said lands and premises hereby demised or these presents or in case the said Lessee shall be found and declared as a Bankrupt or shall take the benefit of any Act of Parliament for the relief of Insolvent Debtors or in case the said premises or any part thereof shall be siezed or taken in execution under any judgment, decree, Bill of Sale, execution extent or other legal process whatsoever then and thenceforth in any of the said cases it shall be lawful for the said Lessor into and upon the said premises and every or any part thereof to enter and the same to have, hold and enjoy as in the first and former Estate or Estates or any of them and as if these presents had not been made anything herein contained to the contrary thereof notwithstanding. And  the said Lessee for himself, his heirs, executors, administrators and assigns doth hereby covenant and agree with the said Lessor in manner following, that is to say, that he the said Lessee will duly pay or cause to be paid the said yearly rent of one hundred and eighty one pounds hereby reserved. And also the said additional or contingent rent  or rents and the said proportionate parts respectively ( or such of the same as shall become payable) at the days or time and in manner hereinbefore appointed for payment of the same respectively and according to the true intent and meaning of these presents. And also  will bear and pay all taxes, rates, assessments and impositions, parliamentary and parochial assessed, taxed or imposed or to be assessed, taxed, issuing out or imposed upon or in respect of the said premises and every or every part thereof (except tithes or rent charges in lieu of tithes and landlords' property tax) And also that he the said Lessee shall and will at all times during the continuance of this demise at his and their own costs and charges well and sufficiently repair and keep repaired the said Farmhouses and outbuildings which now are on the said Lands hereby demised or which at any time during the continuance of this demise shall be erected upon the said premises ( except the main walls and timbers of such Farm house or Dwellinghouses) with all the walls gates rails fences, drains and ditches thereinto belonging in good and tenantable repair and condition, and shall and will yield and deliver up the same respectively at the expiration or other sooner determination of the said term in such good repair and condition accordingly ( the said Lessor finding and providing at his and their own expense wood for making Gates and for other necessary purposes connected with the repair of the said Farm houses and outbuildings) and the said Lessee being at the expence of leading all the wood and other materials for repairing the said Farm houses and outbuildings. And in case the said Lessee shall require any new or additional walls for the better occupation of the lands hereby demised or any part thereof that he will erect and maintain such walls at his own expence. And also that it shall be lawful for the said Lessor and his, their or any of their Agents with or without Surveyors Valuers Servants Workmen or others at all reasonable times of the day during the continuance of this demise to enter into and upon the said demised premises and every or any part thereof in order to view the state and condition of the said lands and premises. And  in case he or they shall find any want of repairs neglects decays defects or want of cultivation or reparation in or on any part of the said premises and shall leave notice in writing under his or their hand or hands on the said premises requiring the said Lessee to make good the same by repairing walling fencing, banking draining manuring ploughing harrowing weeding or otherwise properly or cultivating and upholding the hereby demised Lands and premises as the said Notice may require then the said Edmund Hoggett for himself his heirs executors administrators and assigns doth hereby covenant and agree with the said Thomas Witham and his assigns or other the person or persons so entitled as aforesaid to do all and every the things so required at the proper costs and charges of the said Edmund Hoggett his executors, administrators or assigns accordingly within one Calender Month from the time of leaving such Notice. And also  that it shall and may be lawful for the said Lessor and his their or any of their agents with or without Servants Workmen or others at all reasonable times during the continuance of this demise to enter into and upon the said demised premises or any part thereof and to cut fell saw up and remove timber and other Trees or to plant as aforesaid, and also for the said Lessor and his their or any of their Lessee or tenants of the Mines Mineral fire other clay clay pits and quarries hereinbefore reserved  his their or any of their Agents with or without Servants Workmen or others at any time during the continuance of this demise to enter into and upon the said demised premises or part thereof  to dig search for win and work the mines, minerals, fire or other clay-pits and quarries within under or upon the said hereby demised premises and to do all works which may be requisite for the winning and working of the said Mines Minerals fire or other clay clay-pits and quarries he or they paying to the said Edmund Hoggett his executors administrators or assigns reasonable compensation for any damage to be thereby sustained by him or them to be ascertained (in case of dispute) by reference as hereinafter provided. And also  that he the said  Lessor will not at any time during the continuance of this present demise fell cut down lop top carry away or burn any of the Timber or other Trees or Shrubs now growing or being or which at any time or times during the said term grow or be upon the said premises or any part thereof  nor cut down burn or destroy any Thorns upon the said demised premises except at proper seasons without the leave of the said Lessor. And also  that the said Lessee will not at any time during this present demise plough break up or convert into tillage all or any of the meadow or pasture ground hereby demised without first obtaining the leave in writing of the said Lessor for that purpose. And also  that he the said Lessee shall and will in every year during the said term spend and consume upon the said demised premises all the Hay Straw, Clover, Turnips and green Fodder which shall grow or be produced thereon. And also  shall and will in each and every year of the said term cause one third of the meadow land or the Land mown for hay part of the premises hereby demised set forth in the Schedule hereunder written to be well and sufficiently manured, and as to the residue of the dung soil manure and compost to arise from or be bred upon the said demised premises or any part thereof will cause the same to be laid and spread in a husbandlike manner upon such other parts of the said demised premises as shall stand most in need of manure save and except the dung manure or compost made or bred in the last eight months of the said term which shall be left in the fold yards of the said  respective premises or in Dunghills for the use of the Lessor or his incoming Tenant. And shall  and will yearly during the said term cut and scour at least one third of the number of roods of hedges dykes walls or fences and the ditches belonging thereto when and where the said Lessor or his Agent may direct and in failure of such direction in the most needful places. And  will not during the said term have two white crops or crops of corn in succession and will not yearly have more than twenty six acres of land in tillage of the lands comprised in the Schedule hereunder written. And will not during the said term in any one year grow  more than Two acres of Potatoes on the said lands and premises in the Schedule hereunder written. And shall and will during the said term sow upon each acre of the said Lands hereby demised and intended for a clover crop twelve pounds of red and white clover seed and half a peck of rye grass. And that the said Lessee shall and will spread and level all the Ca...? and ditches on the grass Lands that have been drained of the Lands hereby demised and comprised in the Schedule hereunder written. And also  that the said Lessee shall and will lead spread Fifty loads or tons of good quick lime every year for fifteen years of the said term ( making a total of seven hundred and fifty loads or tons of lime) on the grass lands hereby demised and comprised in the Schedule hereunder written. And that the said Lessee will at all times in the year preceding the expiration of the said term keep    ?  and free from trespass all the lands hereby demised sown with clover and Grass Seeds in the last fifteen months of the said term which seeds shall be paid for by the said Lessor or his next incoming Tenant on a proper Bill and Voucher being produced by the said Lessee for the same. And shall and will after the Sixth day of April preceding the determination of the said term hain? one hundred and fifty six acres of Grass Land part of those in the Schedule hereunder written. And also  that he the said Lessee will not in anywise impoverish or deteriorate the Lands and premises hereby demised or any part thereof but will at all times during the said term use manage and cultivate the same in a good husbandlike manner and according to the terms herein contained. And also that he the said Lessee shall and will permit the said Lessor or his succeeding or incoming Tenant of the said hereby demised premises and his or their Servants or Agents with  Carts horses ploughs and all other necessary implements at any time after the first day of December preceding the end of the said term to enter into and upon the fallow lands and to break up plough fallow sow manure or otherwise to prepare and manage the same in the usual course of agriculture and to hold the parts of the said premises so to be left for fallow as aforesaid from the time at which the same shall be set left and entered upon as aforesaid during the then residue of the said term without making in recompense to the said Lessee in respect of such entry or occupation. And shall  and will allow the said Lessor and his succeeding or incoming Tenants of the said demised premises to sow seeds on such of the Lands as the said Lessee may be entitled to sow with his away going crops and to brush harrow and roll such Seeds not doing any damage to the Corn. And at any time after the first day of December preceding the end of the said term shall and will permit the said Lessor or his incoming  Tenants to scale and mould the pasture lands and at any time after the first day of February preceding the end of the said term the meadow lands part of the said premises. And  that the said Lessee shall not nor will at any time or times during the continuance of this demise assign or transfer the said term hereby granted or his interest therein nor underlet all or any part of the said demised premises without the consent in writing of the said Lessor being first obtained. And also that the said Lessee will at the expiration or other sooner determination of the said term peaceably and quietly yield and deliver up unto the said Lessor all and every the hereby demised premises well and sufficiently cultivated upheld and maintained. And  the said Lessor doth hereby covenant promise and agree to and with the said Lessee in manner following, that is to say, that it shall and may be lawful for the said Lessee ( he and they paying the several rents and Sums of money herein and hereby reserved and agreed to be paid in the manner herein mentioned and performing the several covenants and agreements on his and their parts to be performed) from time to time and of all times during the continuance of this present demise peaceably and quietly to have hold use occupy possess and enjoy the said Farm Lands and premises hereby demised with their and every of their appentenances  without the lawful let suit trouble denial eviction molestation interruption or disturbance of the said Lessor. And also  to have and take an away going crop of Corn or grain off twelve acres and no more of the tillage Lands comprised in the Schedule hereunder written such away going Crops to be taken from properly prepared fallow lands or lands which shall have been in clover or Grass Seeds Turnips or Potatoes with the privilege of placing such away going crops in the Stack Yard belonging to the said premises mentioned in such Schedule and the use of the Barn for thrashing such away going Crop until the Sixth day of April next after the end or other sooner determination of the said term the said Lessee delivering the Straw thereof to the said Lessor or his succeeding or incoming Tenant or Tenants. And also  the said Lessor to pay or or cause to be paid to the said Lessee the Sum of Thirty pounds instead of any more away going crops of Corn which Sum of Thirty pounds the said Lessee has paid to Joseph Collings' Executors the outgoing Tenant. Provided always  and it is hereby mutually agreed and declared by and between the said Lessor and Lessee that if any dispute or difference shall at any time arise in respect of any matter or thing whatsoever contained in or arising out of these presents then and so often as the same shall happen the matter of every such dispute or difference shall be reduced  into writing by either of the parties interested therein and submitted to arbitration in manner following, that is to say, Each party shall appoint a disinterested person to act as Arbitrator, but in case either of the parties shall for the space of fourteen days next after a request in writing for that purpose made to him by the then party refuse or neglect to appoint an Arbitrator then a second disinterested person shall be appointed to act as Arbitrator by the Arbitrator already named, and the two Arbitrators to be appointed in either of the ways aforesaid shall before proceeding in the matter referred to them appoint a disinterested person as an Umpire. And the award of the said Arbitrators or in case they cannot agree for the space of thirty days next after the appointment  of such Umpire then the award of such Umpire as to the Matters referred to them or him shall be final and conclusive and bind the parties in difference and the heirs executors and administrators of such of the parties in difference shall die after any reference to Arbitration as aforesaid so as every such award be made in writing and be ready to be delivered to the parties in difference or their heirs executors or administrators or such of them as shall require the same within three Calendar Months after the appointment of such Umpire ( exclusive of the day of such appointment) or within such further time as the  said Arbitrators or the said Umpire respectively shall by writing appoint. And that the said Arbitrators or the said Umpire respectively shall have full power to make one or more award or awards which shall be binding so far as the same shall extend. And  to proceed exparte after ten days previous Notice in writing to the other party in difference to attend such reference. And  the Award or Awards so to be made exparte shall be as binding and conclusive as if the said Arbitrators or the said Umpire respectively had been duly attended by all the said parties in difference. And  also to allow the costs of any Umppire professional or other Witness that shall be called before them or him respectively and to determine by whom the  costs of such Witnesses respectively and of any reference made  pursuant to these presents and of making their or his Award or Awards or otherwise relating thereto shall be paid and discharged. And that the said parties  in difference and their respective Witnesses shall submit themselves to be examined on oath and shall produce on oath any Deeds books writings plans or Documents in their respective custody touching the matter in difference. And lastly  that this Agreement and every submission made pursuant  thereto shall and may be made a rule of Her Majestys Court of Queens Bench at Westminster pursuant to the Statute in that behalf made and provided upon the application of the said parties  in difference or either of them. In witness whereof the said parties to these presents have hereunto set their hands and Seals the day and year first before written.

The Schedule hereinbefore referred to 

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