|
|
|
DATED 18 March1930. COUNTY-DEVON
DIOCESE-EXETER.
To THE ECCLESIASTICAL COMMISSIONERS FOR This Deed
is made the day
eighteen of March One thousand nine hundred and thirty BY AUGUSTUS LANCHAM
CHRISTIE of Tapley Park Instow in the County of Devon
Esquire (who and whose successors are hereinafter called "the Donor")
acting by The Lady Rosamond Alicia Christie his Wife (hereinafter called "
the Receiver ") pursuant to the hereinafter recited Order THE REVEREND
CONRAD WILLIAM CURLING FIN ZEL Clerk in Holy Orders Vicar of the Vicarage and
Parish of Westleigh in the County of Devon (who and whose successors are
hereinafter called " the Vicar ") and THE ECCLESIASTICAL COMMISSIONERS
FOR ENGLAND (hereinafter called " the Commissioners ") Under the
Authority and for the purposes of the Church Building Acts 1818 to 1884 WHEREAS
the Donor is seised in fee simple free from incumbrances
of the property hereinafter described and expressed to be hereby conveyed and
shown verged green on the Plan Number 1 annexed hereto AND WHEREAS by an Order
dated the Fifteenth day of November One thousand nine hundred and twenty-nine
made under the Act 53 Victoria Chapter 5 and Amending Acts In the Matter of the
Donor the Receiver was authorised subject to the terms and conditions therein
contained in the name and on behalf of the Donor to convey by way of gift to
the Commissioners the said property hereinafter described and hereinafter
referred to as " the New Vicarage " to be used as a Vicarage for
Saint Peter's Church Westleigh in place of the present Vicarage and for that
purpose to execute and do such instruments acts and things as the Master
referred to in the said Order should settle and approve And in the said Order
it was further provided that the said grant should only be made subject to the
surrender to the Donor of the easements specified in Part I of the Schedule
thereto and to the conditions and terms specified in Parts II, III and IV of
such Schedule AND WHEREAS the surrender of
the said Easements is being effected by a deed intended to bear even date with
these presents and the conditions and terms specified in Parts II, III
and IV of the Schedule to the said Order are being provided for by these presents
AND WHEREAS certain of the covenants terms and conditions hereinafter contained
or referred to affect the existing Vicarage House and grounds of the said
Parish of Westleigh (hereinafter referred to as "the Old Vicarage")
which house is intended to be sold in compliance with the provisions of Parts
I, II and IV of the Schedule to the said Order and a plan showing the Old
Vicarage and grounds is attached to these presents and is hereinafter referred
to as Plan Number 2 AND WHEREAS
the Commissioners in consideration of the Conveyance to them by the Donor of
the New Vicarage hereby conveyed have agreed to make a grant of a capital sum
of One Thousand One Hundred and Fifty Pounds in favour
of the Benefice of Westleigh and that so much as necessary of such grant be
applied towards the cost of such improvements and repairs to the said New
Vicarage as may be approved by the Commissioners ;and that the balance of such
sum be applied to the augmentation of the endowment of the said Benefice and
the Commissioners have further agreed that after the Conveyance to them of the
New Vicarage as a Parsonage House for the said Benefice they will be prepared
upon the application of the Vicar and with the approval of the Patrons of the
said Benefice under the provisions of the Ecclesiastical Leasing Acts to
sanction a sale of the Old Vicarage and grounds upon terms to be approved by
them and the Commissioners and to deal with the net proceeds of such sale in
accordance with the provisions of the Ecclesiastical Leasing Acts as part of
the endowments of the said Benefice AND
WHEREAS the Vicar has agreed to join in these presents in order to enter into
the covenant hereinafter contained AND WHEREAS the said Master has settled and
approved these presents as appears by his Seal impressed in the margin hereof NOW THIS DEED WITNESSETH that
pursuant to the said Order and in consideration of the premises the Donor
acting as aforesaid as Settlor DOTH HEREBY give grant
and convey UNTO the Commissioners ALL THAT piece of land containing two
thousand one hundred and twelve square yards or thereabouts situate in the
Pariah of Westleigh in the County of Devon and bounded on or towards the West
and North by the Public Road leading from Southcott to Saint Peter's Church on or
towards the East by property belonging to the Donor and on or towards the South
by property belonging to the Donor as the same piece of land hereinbefore
described and expressed to be hereby conveyed is more particularly delineated
on Plan Number 1 annexed hereto and is thereon verged green TOGETHER with the messuage tenement and outbuildings known as " Sentoza " now erected and standing thereon or on some
part or parts thereof and hereinafter more particularly referred to as "
the New Vicarage " AND TOGETHER ALSO with full right to the supply of
water now belonging to the New Vicarage (which supply is derived from a well
and a rain water tank and is drawn by two pumps in the scullery) and also the
right to an additional supply derived by gravitation from the Estate Reservoir
situate at the point marked " A " on Plan Number 1 on payment of an
acknowledgment rent of Ten Shillings a year payable on the Twenty-fifth day of
March in every year and subject to the conditions set out in the First Schedule
hereunder written AND TOGETHER ALSO with the several rights and easements set
out in Clauses 6, 8 and 12 of the Second Schedule hereunder written BUT EXCEPT
AND RESERVING out of the Conveyance hereby made to the Donor his executors
administrators and assigns the several rights and easements set out in Clauses
2, 3, 8, 11 and 13 of the said Second Schedule TO HOLD the same subject to and
with the benefit of the conditions and terms set out in the said First and
Second Schedules but except and reserved as aforesaid UNTO the Commissioners
and their successors for the purposes of the said Church Building Acts and to
be appropriated as and for a Parsonage or House of, Residence with garden and
glebe thereto for the Vicar or Incumbent for the time being of the said Parish
of Westleigh and to be devoted to Ecclesiastical purposes for ever by virtue
and according to the true intent and meaning of the said hereinbefore mentioned
Church Building Acts AND the Vicar as Vicar or Incumbent for the time being of
the said Parish of Westleigh to the intent to bind himself and his successors
the Vicar or Incumbent for the time being of the said Parish or other the person or
persons in whom the freehold of and in the said property hereinbefore conveyed
shall for the time being be vested other than the Commissioners but not so as
to bind himself or his successors or his or their executors or administrators
except as to anything done or
omitted to, be, done by him
during his -or their respictive incumbency of the
said Parish Doth hereby covenant with the Donor and also as a separate
covenant with the. Commissioners that he the Vicar and his -successors
or such person, or persons as aforesaid shall and will from time to time
and at em times hereafter observe perform and keep the conditions and
terms set out in Clauses 1, 5' and :6 of the said Second Schedule AND the
Donor. acting ;as aforesaid doth 'hereby
covenant with the Vicar and his successors and assigns and also as a separate covenant with the
Commissioners and their
successors that he the Donor and his successors shall and will from time to
time and at all times hereafter observe perform and keep the
conditions and terms set out in Clauses 4, 6, 7, 8 and 10 of the, said. Second
Schedule AND the Donor acting as
aforesaid doth hereby acknowledge - -the right of the Vicar and of the
Commissioners ° to production of a Deed of Conveyance dated the Eighteenth day
of March One thousand nine hundred and eighteen and made between Bessie Torr of the first part Horatio Higgs and Mary Elton his
wife of the second part and the: Donor of the third part and to delivery of
copies thereof IN WITNESS whereof the Donor acting
as aforesaid hath hereunto set his hand and seal and the Vicar hath hereunto
-set his hand and seal and the Commissioners have caused their Common Seal to
be hereunto affixed the day and year first before written . The FIRST SCHEDULE hereinbefore referred to,. Conditions
to which the additional Water Supply is subject: 1. THAT the
supply of water is controlled by the Donor THAT the water is - not to be used for
garage purposes or for watering the gardens at the New Vicarage and is to be
used for household purposes only
3.
THAT the supply
of water for the New Vicarage is to
continue and be of the same quantity as at the date hereof but the Donor reserves
to himself the right to terminate the user an giving to the Vicar three months
notice in writing but such notice -shall not' be
given as long as the use of water is kept within the limits as hereinbefore
prescribed and as long as there is a sufficient
supply of
water available
J or the Vicarage over and above -that required for other properties which we or may be at any time supplied from the same source 4. THAT the branch and. service pipes of one and a quarter inch galvanised pipe connected to the three inch main pipe bathe road as and when necessary shall be repaired by the Vicar
5.
The SECOND SCHEDULE
hereinbefore referred to. l. THAT, the boundary fences, which go with
the, New Vicarage shewn
by the " T " marks on plan Number 1 are to be maintained by the Vicar 2. THE Donor reserves
the right for the eaves gutter of the cottage and outbuildings on the South
side of the site, to overhang the New Vicarage
premise. 3. THE Donor
reserves the right to now existing: easements and/or quasi easements (if any)
over the New Vicarage
premises 4. THE Donor undertakes forthwith to wall: up the garden doorway at the back of the stables at the paint A
shown on plan Number 2 5. THE Vicar
shall from the date hereof discontinue the use of the privy at the paint B on
plan Number 2 as an earth closet and the Donor undertakes forthwith to wall up
the privy outlet to the back wall against the waste adjoining the farm roadway 6. THE Vicar
shall pay an acknowledgment rental of One Shilling a year for the easement of
the way as hitherto enjoyed over the farm road from the orchard at the point C
to the point G on plan Number 2 but the right is to be reserved to the Donor to
terminate such easement on giving three months' notice in writing to the Vicar 7. THE Donor shall wall up the footpath gateway
leading from the Old Vicarage garden to the footpath at the point D on plan
Number 2 8. THE well at
the point E on plan Number 2 on the Old Vicarage premises is admitted to belong
to the Donor who is to have full right of access
thereto and there from for the purpose of maintaining the said wall a pipes leading thereto and there from and the guard
fence enclosing the well on the understanding that the Donor is to make-good
%* surface damage caused thereby and the Vicar is to be entitled to dip water
from the well for consumption by cattle grazing on the Old Vicarage Lawn in
which the well is situate 9. THE
ownership of the boundary fences between the property of the Donor and the Old
Vicarage are shewn by 'IT " marks
on plan Number 2 and the concrete post and wire fence dividing the Old Vicarage
from the Glebe Lands bought by the Donor belongs to the Donor 10. THE Donor agrees to keep the road from F to G on
plan Number 2 leading to the back entrance gateway of the Old Vicarage in
reasonably good repair as a farm road 11. THE Vicar agrees that the Donor has a right of support for the
roof of his open shed on the wall of the Kitchen Garden of the Old Vicarage 12, THE
Vicar is to have the right to a supply of water from a well in the field
immediately adjoining and to the North of the Old Vicarage Orchard and also the
right at all reasonable times to enter upon the said field for the purpose of
repairing and cleaning out the said well and for repairing or renewing the pipe
leading there from to the Old Vicarage the position of such well being marked H
on the said plan Number 2 13. THE
Donor shall be entitled to an easement for a gulley and drain at the end of the
Old Vicarage Stables for the drainage of the farm yard and buildings SIGNED SEALED AND
DELIVERED by the before-named
|
Westleigh Parish Heritage Forum The Church of St Peter 13th Century The First Vicarage (now White Lodge) Christenings Westleigh 1560-1697 The churchwardens of Westleigh 1707 The old Road(Track) to shore 1828
Brief Notes from Parish Meetings White's Devonshire Directory (1850) The National Gazetteer of Great Britain and Ireland (1868) 1881 Census: Residents of Barnstaple Union Workhouse, Barnstaple THE TREE-RING DATING OF EASTLEIGH MANOR Coronation list of Householders Total population by age - 1991 A Guide to the Manors of Westleigh Parish |