Updated 19 Aug 2015
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WIRKSWORTH Parish Records 1600-1900
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Wirksworth Hall Lease |
1894 |
This Lease may have been triggered by the death of
Agnes Eleanor Wood (nee Hubbersty) 1812-1892, mother
of Elizabeth Marianne Wood 1855-1931 who married her
cousin John Baddeley Wood.
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THIS INDENTURE made the 11th day of April
1894 BETWEEN ELIZABETH MARIANNE WOOD the
wife of John Baddeley Wood of Henley Hall, Ludlow in
the County of Salop Esquire of the 1st part the said JOHN
BADDELEY WOOD and HENRY ALFRED HUBBERSTY
of Burbage near Buxton in the county of Derby Esquire
of the 2nd part and THE REVEREND WILLIAM
HARVEY ARKWRIGHT of Wirksworth in the said
County of Derby Clerk in Holy Orders of the 3rd part.
WHEREAS under the Will of Nicholas Price Wood late
of Wirksworth Hall in the said County of Derby Esquire
(which Will bears date the 10th day of September 1867 & was
proved in the District Registry at Derby attached to Her
Majesty's the Court of Probate on the 18th day of August
1868) the said Elizabeth M Wood id beneficially entitled
to the possession of the hereditaments intended to be hereby
demised as tenant thereof for her own life for her separate
use AND WHEREAS the said John Baddeley Wood
and Henry Alfred Hubbersty are the Trustees under the
said Will NOW THIS INDENTURE WITNESSETH
that in consideration of the rent hereinafter reserved and
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of the Lessees covenants hereinafter contained the said
Elizabeth Marianne Wood (herinafter called "the Lessor")
with the consent of the said John Baddeley Wood & Henrey
Alfred Hubberstey (testified by their executing these presents)
hereby demises unto the said William Henry Arkwright
(hereinafter called "the Lessee") ALL THAT Mansion House
called Wirksworth Hall situate at Wirksworth in the
County of Derby with the yards gardens gardeners and
coachman's cottages (now or late in the occupation of
Herbert Huxter and William Talbot) greenhouses cowsheds
stable and other appurtenances thereto belonging including a
piece of ground called the Dumble Hole all of which said
premises are on the South side of Coldwell Street (except
and always reserved unto the Lessor the carpenters shop
now or late in the occepation of William Cooke & Son &
the carriage house below the same now or late in the
occupation of William Talbot and the small shed
projecting into the yard at the rear of the said
gardener's cottage) AND ALSO(by way of demise and
not of exception) two piggeries situate in Blind Lane
Wirksworth aforesaid now or late in the possession of
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Arthur Erdswick Brooker AND ALSO all that garden with
the Loose Boxes at the end thereof situate on the North side
of a stable yard of the Lessor on the North side of Coldwell
Street aforesaid TOGETHER ALSO with the fixtures furniture
and effects in and upon the demised premises a list whereof
is set forth in the Schedule hereto annexed and signed by
the Lessor and the Lessee TO HOLD the same unto the
Lessee from the 25th day of December 1893 for the term
of 8 years (determinable nevertheles as hereinafter mentioned)
YIELDING AND PAYING during the said term the
yearly rent of £210 by four equal quaterly payments on
the 25th day of March the 24th day of June the 29th day
of September and the 25th day of December in every
year the first quaterly payment to be made on the 25th
day of March 1894 (such first payment to be a proportion
of the Quarter's rent calculated from the 15th day of
January 1894)AND the Lessee hereby covenents with
the Lessor in manner following (that is to say) THAT THE
Lessee will pay the rent hereby reserved at the times & in
manner aforesaid and will also pay all rates taxes and
assessments whatsoever which now are or during the said
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term shall be imposed or assessed upon the said premises
or the landlord or tenant in respect thereof by authority
of Parliament or otherwise (except Tithe rent charge (if any)
the land tax and the landlords property tax) AND also
will at all times during the said term keep in good and
sufficient repair and condition the inside of the said
messuage and premises & the glass in the windows thereof
and the fixtures furniture and effects comprised in the
said Schedule hereto and the same in such repair and
condition reasonable wear and tear and damage by fire
only excepted deliver up at the end of the Lease and in
particular will in the fifth year of the said term (unless
the said term shall be determined at the end of the
4th year under the proviso hereinafter contained) in a
workmanlike manner paint the inside wood iron and
other works are usually painted with two coats of
proper oil color to be approved by the Lessor or her
agent and also wash stop whiten and colour such parts
of the inside of the said premises as are now washed
stopped whitened and coloured and paper grain & varnish
such parts thereof as are now papered grained and varnished
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PROVIDED always and it is hereby declared that the
Lessee shall not be bound to repair any of the
Greenhouses except by replacing any of the glass which
may be broken from causes other than the natural decay
of the woodwork AND ALSO will keep the garden and
walks in good order and the trees and ornamental
shrubs properly pruned and will not cut down or remove
any trees or shrubs without the written consent of the
Lessor and will on the determination of the term leave the
walks in as good condition as they are now in AND
ALSO will permit the Lessor & her Agents from
time to time to enter into & upon the sd premises
in order to view the state & condition thereof AND
will not without the consent in writing of the Lessor
assign or underlet the sd premises or any part thereof
ANDwill not without such consent permit the same
to be occupied in any other manner than as a
private dwellinghouse AND will not without such
consent first obtained make any addition or alteration
whatsoever to or in the said messuage and premises
either externally or internally PROVIDED ALWAYS
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and it is hereby declared that if the said yearly rent of
£210 or any part thereof shall be in arrears for the
space of 28 days next after any of the days whereon the
same aught to be paid as aforesaid whether the same shall
or shall not have been legally demanded or if there shall
be any breach or non-observance of any of the Lessee's
covenants hereinbefore contained then and in any of the said
cases it shall be lawful for the Lessor at any time
thereafter into and upon the said demised premises or
any part thereof in the name of the whole to re-enter &
the same to to have again re-possess and enjoy as in
her former estate AND the Lessor hereby covenants with
the Lessee in manner following (that is to say) that the
Lessee paying the rent hereby reserved and observing and
performing the covenants and conditions herein contained
and on his part to be observed and performed shall and
may peaceably and quietly possess and enjoy the said
premises hereby demised during the said term without any
lawful interruption from or by the said Elizabeth Marianne
Wood or any person rightly claiming from or under her
PROVIDED ALWAYS and it is hereby agreed & declared
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that neither the heirs executors nor administrators of th said
Elizabeth Marianne Wood but only her assigns shall be
liable for any breach of the above covenant happening after
the death of the said Elizabeth Marianne Wood AND
ALSO that the Lessor will during the said term keep the
outside walls and roofs excepting only the Greenhouses with
the outside waterpipes and shoots and outside drains & sewers
properly repaired and cleansed and the exterior woodwork
and ironwork properly and sufficiently painted AND ALSO
will at all times during the said term keep the sd messuage
Furniture and premises sufficiently insured against loss or
damage by fire AND will whenever required by the Lessee
so to do produce to him the policy of insurance and the
receipt for the last premium PROVIDED ALWAYS and
it is hereby agreed and declared that if the sd messuage
Furniture and premises hereby demised or any part thereof
shall at any time during the said term be destroyed or
rendered uninhabitable or unfit for use by fire then &
in such case the payment of the rent hereby reserved or a
proportionate part thereof according to the extent of the
damage incurred shall be suspended until the said
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messuage Furniture and premises shall have been reinstated
and again rendered fit for habotation & use and if any
question shall arise whether the said messuage Furniture &
premises or any part thereof shall have become uninhabitable
or unfit for use by reason of fire within the meaning of
the aforesaid proviso or what proportion of rent ought to
be suspended on account thereof such question shall be
referred to two Arbitrators one to be appointed by each
party and such reference shall be considerd a reference
to Arbitration within the meaning of the Common Law
Procedure Act 1854 and be subject to the provisions of the
said Act relating to Arbitration PROVIDED ALWAYS
and it is hereby further agreed and declared that if the
Lessee shall be desirous of deremining this Lease at the
expiration of the 4th year of the said term of 8 years
and of such desire shall give to the Lessor or her
Agent or leave at her usual or last known place of
abode in England or Wales six calendar months
previous notice in writing then and in such case at
the end of such 4th year the term hereby granted shall
cease but subject to the rights and remedies of the Lessor
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for or in respect of any rent in arrears or any breach or
non-observance of any of the Lessee's covenance AND IT
IS DECLARED that (where the context allows) the expressions
"the Lessor" and "the Lessee" used in these presents include
besides the said Elizabeth Marrianne Wood her successors in
title and assigns and besides the said William Harry
Arkwright his executors and administrators and assigns IN
WITNESS whereof the said parties to these presents have
hereunto set their hands and seals
( E.Marianne Wood
signed ( John B Wood
( W A Hubbersty
Signed Sealed and Delivered by the )
within named Elizabeth Marianne ) (Counteipt sgd) William Harry Arkwright
Wood in the presence of )
John Sage
Brutler (sic)
to J B Wood Esq Henley Hall Ludlow
Signed Sealed and Delivered by the )
within named John Baddeley Wood )
in the presence of )
John Sage
Butler
Henley Hall
nr Ludlow
Signed Sealed and Delivered by the ) Signed dated and delivered by the )
within named Henry Alfred Hubbersty ) above named William Harry )
in the presence of ) Arkwight in the presence of )
Arthur De Mt Severne Arthur de M Severne
Solicitor Solicitor
Wirksworth Wirksworth
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