Agreement for the enclosure and division of Whiddon Common between John Nicholetts, Frances Drake, Anne, Harriet and Emma Cutcliffe, Thomas Carder and John Gould 30 August 1850

Transcribed from a photocopy of the original in NDRO (ref. B142-1/209) by Desmond Painter

Articles of Agreement indented made and concluded upon this Thirtieth day of August in the year of our Lord one thousand eight hundred and Fifty Between John Nicholetts of South Petherton in the County of Somerset Esquire of the First part Frances Drake of Springfield within the Parish of Heanton Punchardon in the County of Devon Widow and Anne Cutcliffe and Harriet Elizabeth Cutcliffe both of Hudscott in the Parish of Chittlehampton in the said County of Devon Spinsters and Emma Cutcliffe of Ilfracombe in the said County of Devon Spinster of the second Part Thomas Carder of Marwood in the said County of Devon Yeoman of the third part and John Gould of Marwood aforesaid Cordwainer of the Fourth part Whereas the said John Nicholetts is lawfully seised and interested to him and his Heirs of and in Thirty equal and undivided Sixty two parts or shares the whole into Sixty Two equal parts or shares to be considered as divided of and in All that undivided Common Field or Moor commonly called or known by the name of Whidden otherwise Whiddon otherwise Weeding Common or Moor situate lying and being in the Parish of Marwood aforesaid and the said Frances Drake Anne Cutcliffe Harriet Elizabeth Cutcliffe and Emma Cutcliffe are lawfully seised and Interested to them and their heirs of and in Twenty Two other equal undivided Sixty Two parts or shares the whole into Sixty Two equal parts or shares to be considered as divided of and in the said undivided Common Field or Moor commonly called or known by the name of Widden otherwise Whiddon or otherwise Weeding Common or Moor and the said Thomas Carder is lawfully seised and interested to him and his Heirs of and in eight other equal undivided Sixty Two parts or shares the whole into Sixty Two equal parts or shares to be considered as divided of and in the said undivided Common Field or Moor commonly called or known by the name of Widden otherwise Whiddon otherwise Weeding Common or Moor And the said John Gould is lawfully seised and interested to him and his Heirs of and in the remaining Two parts or shares the whole into Sixty Two equal parts or shares to be considered as divided of and in the said undivided Common Field or Moor commonly called or known by the name of Widden otherwise Whiddon otherwise Weeding Common or Moor And Whereas the Lands lying in the said Common Field or Moor aforesaid have for many years past yielded but little or no profit and the same are every year more and more worn out and impoverished for want of due tillage and manure for remedying which and for encouraging the improvement of the said lands for the general benefit and advantage of themselves and of the community at large all and every the said Parties hereto have agreed to make a division and allotment of the said Common Field or Moor amongst themselves in such manner as hereinafter is expressed Now These Presents Witness that it is hereby concluded and agreed upon by and between all and every the said Parties hereto and each of them doth accordingly, for himself and herself for his and her Heirs Executors and administrators agree with and to each and every of the other of them and his her and their heirs Executors Administrators and assigns by these presents in the manner and form following (that is to say) that a division and separation by metes and bounds and an enclosure by hedges and Fences of the lands and Tenements lying in the said common Field or moor called Widden otherwise Whiddon otherwise Weeding Common or Moor shall be forthwith made by Thomas Parminter of Westdown in the said County of Devon Gentleman and by him allotted and assigned to and amongst the several parties hereto at their own expence costs and charges according to their respective interests in such manner as hereinafter is provided and which enclosures and divisions by boundary stones shall from time to time be renewed preserved and continued for ever And all and every of the said parties shall hold and enjoy his her or their share or portion so to be allotted to him her or them respectively of the said Common Field or Moor in severalty and as several and distinct parcels thereof with full liberty to plough manure and cultivate the same at pleasure as a separate and distinct Farm and shall have and enjoy the same Estate and Interest in the part so to be allotted to them respectively as they now have or at or immediately before the time of such division or allotment had in the parts or parcels of the said common Lands in lieu whereof such allotments were made and that after such allotments shall be made and hedges and Fences erected and divisions by boundary stones set out every of them the said parties hereto shall at their own respective costs and charges at all times thereafter keep the said hedges and Fences in good and proper repair and divisions by boundary stones properly set out And for the more just and impartial execution and performance of the said division and allotment it is hereby agreed that the said Thomas Parminter shall make the same by admeasurement survey and otherwise as he shall think fit in making which allotments and divisions due regard shall be had by the said Thomas Parminter to the quality and situation as well as the quantity of Land to be assigned or allotted and also to the assigning and allotting the same so as that every of the allotments to each of the said parties may be as nearly contiguous to each other as may be and who shall also assign allot and make proper convenient and sufficient roads and ways for every of the said parties to their respective allotments and also proper convenient and sufficient Highroads or Highways in such place and places and in such directions as shall appear to him the said Thomas Parminter to be most fit or convenient for the same which Roads and ways Highroads or Highways shall be allowed out of the whole of the said common Field or Moor according to the proportion thereof belonging belonging to each of the said Parties hereto the expences of making such Highroads or Highways it is hereby agreed shall be borne by the said parties hereto in proportion to their respective allotments And for the preventing disputes and differences regarding the said several divisions or allotments each and every of the said parties hereto doth hereby further agree in the manner aforesaid from time to time and at all times hereafter to abide by observe and perform all and every the orders directions determinations and judgments which shall from time to time be had made or given by the said Thomas Parminter touching and concerning the same and other the matters and things hereinbefore mentioned or referred to And it is hereby further agreed that after the said allotments and division shall be made and perfected the same and the situation and number of acres or other quantities thereof and the parties to whom the same shall be made and the number of acres or quantities of Land in lieu of which the same were made shall be put into writing at the expence of the said parties hereto and which said writing shall be enrolled at the next general Quarter Sessions or some subsequent General Quarter Sessions to be holden for the said County of Devon there to be preserved for the inspection and benefit of all parties to be at any time interested therein And it is hereby Further declared and agreed that after the said allotments and divisions shall be made and perfected each and every of the said parties hereto shall if required convey and assure to the other and others of them at their own costs and charges in all things his her and their respective Estates rights and Interests in the said Common Field or Moor And it is hereby Further declared and Agreed that the costs charges and expences of preparing this agreement and of carrying the same into execution and all other costs charges and expences incidental thereto shall be paid borne and discharged by all the said Parties hereto in proportion to their respective shares or Interests in the said Common Field or Moor And it is hereby Further declared and agreed that this agreement shall be deposited in the Hands of John Henry Toller Solicitor Barnstaple for the benefit of all and every the said Parties hereto but that attested or other copies or extracts from the same may be at any time or times hereafter obtained by all or any of the said Parties hereto at the expence of the person or persons requiring the same and for the due and punctual performance of all and singular the covenants and agreements hereinbefore contained by the said Parties hereto each of them doth bind himself and herself and his and her Heirs Executors and Administrators in the sum of Five hundred Pounds to be paid unto such of them respectively his her or their Heirs Executors or Administrators as the said Thomas Parminter shall direct or appoint in that behalf and it is hereby further declared and agreed by and between the said Parties to these Presents that all that part of the said common Field or Moor lying on the Eastern or lower side of a line drawn from the south Western Corner of an Enclosure called or commonly known by the name of Robbins's Garden to the north Eastern Corner of an Enclosure called or known by the name of Grubbs Garden shall be excluded from these presents and left as an undivided Common in Consequence of a certain Quarry of Stone called or commonly known by the name of Milltown Quarry being situated therein And it is hereby lastly declared and agreed by and between the said Parties to these Presents that the Enclosures set forth in the Schedule hereunder written shall be treated and dealt with by the said Thomas Parminter as unenclosed Lands and divided separated enclosed and allotted and Assigned accordingly 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 above referred to

Dated 30th August 1850

Agreement

Between the Parties within named to a Division and
Enclosure of All that Common called Whiddon
Common situate in the Parish of Marwood Devon

The North Devon Record Office has attempted unsuccessfully to contact the depositor of this record for permission to reproduce it. Anyone claiming copyright should contact us, and we will if necessary remove this item from GENUKI.